Terms of sale
TERMS OF SALE
The online store LEMATELOT.COM was set up by the company EMERAUDE Sarl - 14, avenue de la plage - 29950 Benodet - FRANCE - 429 726 938 RCS Quimper - INTRA VAT: FR 95429726938 - COMPANY'S CAPITAL EURO 8000, which is operator of this site. Any order under product appearing in the online store web LEMATELOT.COM website requires prior consultation of these general conditions. As a result, the consumer is fully aware that its agreement on the content of these conditions does not require the signature of this document, to the extent that the customer wishes to order online the products presented in the shop the website. The consumer has the option to save or edit these terms and conditions, provided that both the backup 's edition of this document are the sole responsibility. The consumer, prior to his order, said that's acquisition of these products is not directly related to his professional activity, their acquisition is reserved for personal use from him. As a consumer, so the customer has specific rights, which would be challenged in the event that the goods or services purchased through the website would actually related to his professional activity. The online shop set up by Sarl EMERAUDE within the website lists the following information:
Disclaimer enabling precise identification of the company Sarl EMERAUDE The essential features of the goods offered Indicated in Euros the price of goods, and, where appropriate, the costs of delivery The conditions of payment, delivery, or execution life 's right of withdrawal The validity of the offer or the price The conditions for terminating the contract when it is indefinite orlonger than a year All this information is presented in French. The consumer states have full legal capacity to commitment under these Terms.
Article 1: Entirety These terms represent all obligations of the parties. In this sense, the consumer is deemed to accept without reserve all the provisions contained in these terms and conditions. No general or specific in documents sent or given by the consumer can not incorporated herein, since these documents are inconsistent with these terms and conditions.
Article 2: These terms are intended to define the rights and obligations of the parties under the online sale of goods and services offered by LEMATELOT.COM the consumer.
Article 3: Contractual DocumentsThis contract contains the following contractual documents, presented in descending order: these terms, the purchase order. In case of conflict between the provisions contained in the documents of different ranks, the provisions of the document of a higher precedence.
Article 4: Entry into force - lengthThese conditions come into force on the date of validation of the order. These conditions are concluded for the duration necessary for the provision of goods and services purchased, up extinction guarantees owed by EMERAUDE.
Article 5: Electronic ContractValidation cart purchase of the consumer on the purchase order constitutes an electronic contract that, among the parties, the same value that an order manuscript. Validation of it done by double-clicking on that d \ value acceptance of these terms and conditions.
Article 6: Order ConfirmationThe contractual information will l object confirmation by email no later than at the time of delivery or default address specified by the customer in the order form.
Article 7: Proof of the transactionThe records stored in computer systems LEMATELOT.COM under reasonable security conditions, will be considered proof of communications, orders and payments between the parties. Filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.
Article 8: Product Information.
8-a: EMERAUDE present on its website to sell products with the characteristics required to meet the Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking ultimately control the essential characteristics of the products that he wants to buy.
8-b: The offers presented on LEMATELOT.COM are valid only within the limits of available stocks.
Article 9: PricePrices are quoted in euros and are valid that's the date of sending the order by the consumer. They do not include delivery charges, billed at cost, and indicated before the validation of the order. The prices include the VAT applicable on the date of the order and any change in the applicable VAT rate will be reflected on the prices of the online store. Payment of the full price must be made when ordering. At no time, payments can not be considered as a deposit or deposits.
Article 10: PaymentPayment is made by credit card. The payment is secure. We also accept bank transfer. The consumer provides the company EMERAUDE that it has the required permission to use the payment card during the validation of the order. EMERAUDE reserves the right to suspend any order and any delivery in case of refusal authorization of payment by credit card the officially accredited or in the event of nonpayment. EMERAUDE specifically reserves the right to refuse delivery or honor an order from a consumer has not fully paid a previous order or with whom a payment dispute is being administration. EMERAUDE has established a procedure for control checks to ensure that any person using the bank details of another person without his knowledge. As part of this audit, it may be requested from the customer contact EMERAUDE by fax a copy of a room identity and that proof of address. The order will be validated that \receipt and verification by us of parts sent.
Article 11: Availability of productsThe order will be executed within 10 working days from the day after the consumer placed his order. Generally, orders are processed and shipped within 48 hours, except in cases of force majeure. If \ unavailability of the ordered product, especially because of our suppliers, the consumer will be informed immediately and will be able to \ cancel the order. The consumer will then have the option of requesting either a refund of amounts paid within 30 days before their payment, or the \ exchange the product or wait in a time agreed upon by both parties.
Article 12: Delivery - PrecautionsThe products are delivered to the address indicated by the customer on the order form in the countries of the European Community .. The consumer may, upon request, obtain the sending invoice billing address and not the delivery address by validating the option provided for this purpose on the order. Regarding shipping, we work Colissimo. When we do a mailing, you will immediately receive an email informing you. Delivery found is 3 to 10 working days if the item is in stock. For deliveries within the European Union, the period varies from 3 to 15 days. Prices are charged taxes. We told "Chronopost.fr" providing deliveries to Europe.
Article 13: Delivery problems due to carrierAny anomaly in the delivery (damage, missing product compared to the delivery order, damaged package, broken product ...) should be possibly be mentioned on the delivery form of "handwritten reserves", accompanied by the customer signature. Thank you notify us as soon as any non-conforming delivery, so that we can take the necessary steps to meet your request.
Article 14: Delivery errors.
14-a: The consumer must make to EMERAUDE on the day of delivery or later than the first business day after delivery, any claim of error of delivery and / or non-conformity of goods in kind or quality compared with the data on the order form. Any claim made after this time will be rejected.
14-b: The formulation of this claim with EMERAUDE can be made: - Primarily by logging on to our website under the heading "follow your order" "where, after entering your customer number, you can ask your question through the menu to contact us specifying the reference of the order.
14-c: Any claim not made in the rules defined above and within the time limits could not be taken into account and release EMERAUDE any responsibility towards the consumer.
14-d: Upon receipt of the complaint, assign a number LEMATELOT.COM exchange of the product (s) concerned (s) and communicate by e-mail to the consumer. Exchange a product can take place that after allocation to the consumer number exchange that the approach outlined above. 14th: If delivery error or exchange any product for exchange or refund must be returned in its entirety to EMERAUDE, Colissimo Recommended address: EMERAUDE SARL 14 Avenue de la Plage 29950 Benodet - France.
To be accepted, any return will be reported to the Customer Service LEMATELOT.COM. The cost of costs are to be borne by LEMATELOT.COM, except where it's prove that the product does not match the declaration originally made by the consumer in the back.
Article 15: Product WarrantyAccording to the \ Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the seller to guarantee against all the consequences of latent defects of the thing sold. The consumer is expressly informed that EMERAUDE not the producer of the products featured in the website within the meaning of the law n° 98-389 of 19 May 1998 concerning liability for defective products. Accordingly, in case of damage to a person or property by a defective product, the sole responsibility of the producer of the latter may be sought by the consumer on the basis of information on packaging of the product . The conditions and duration of warranty are indicated on the product page. Given the frequency of renewal of components of technical products EMERAUDE may, upon request, inform the consumer of the availability of spare parts of products offered and how to possibly get.
Article 16: Right of withdrawalThe consumer has a period of 14 days to return, at its expense, the products do not suit him. This period starts from the date of delivery of the customer's order. If this period expires on a Saturday, Sunday or a holiday or holiday, it is extended until to the next business day. All returns must be sent to EMERAUDE, 14, avenue de la plage - 29950 Benodet - France. We advise you to take precautions to ensure that the package is returned to us in the best conditions. All returns reported lost or stolen from the liability of the carrier can not give rise to refund or exchange from EMERAUDE. We will only accept returned products mentioned above in the correct corresponding delivery in perfect condition for resale. Any product that has been damaged due to mishandling or improper use by the user, can not be refunded or exchanged. This right of withdrawal without penalty. In the hypothesis right of withdrawal, the consumer has the option of requesting either a refund of monies paid, or replacement product. In the case of an exchange re-shipment will be at the expense of consumers. If exercise of the right of withdrawal, EMERAUDE will make every effort to reimburse the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, especially when the product need a technical audit (see products to be tested in advance). The customer will then be refunded by crediting his bank account (secure transaction).
Article 17: Rights useThe right use software LEMATELOT.COM and those distributed by it shall be given to consumers in a non-exclusive, personal and non-transferable in accordance with the Code of Intellectual Property. However, under the Article L122-6-1 of the Code, the consumer has right to reproduce exclusively for institution back up, when it is necessary to preserve use of the software. In any event, the author software retains ownership of his work, the consumer agrees to comply.
Article 18: In case of unexpectedNeither party s has breached its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Be considered fortuitous event or force majeure any compelling facts or circumstances, outside parties, unpredictable, unpreventable, independent of the will of the parties and can not be prevented by them, despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware. Both parties will then, within a period of a month, unless unable due to unexpected, to examine the impact event and agree the conditions under which the ' contract will be continued . If the force majeure lasts for more than three months, these terms may be terminated by the aggrieved party. Explicitly, are considered force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of courts and the French courts: the blocking of means of transport or supplies, earthquakes, fires, storms, floods , lightning stop telecommunication networks or network-specific external telecommunications clients difficulties.
Article 19: No partial validationIf one or more provisions of these terms are held to be invalid or declared as such under a law regulation or following a final decision competent jurisdiction, the remaining provisions remain in full force and effect.
Article 20: No WaiverThe fact that 's one of the parties does not take advantage of a breach by the other party any of the obligations contained in these Terms shall be construed to future as a waiver obligation.
Article 21: TitleIf interpretation between any of the titles at the head of the clauses, and the any difficulty clauses, the titles will be declared non-existent.
Article 22: Applicable LawThese terms and conditions are subject to French law. This is for the fund rules as to the rules of form. In case of dispute or claim, the consumer first contact LEMATELOT.COM for an amicable solution. In a second time and in case of appeal, the consumer may file a complaint with, through its dedicated dialog.
Article 23 Data ProtectionThe information requested from the consumer is required to process the order and will be communicated to the contractual partners involved in LEMATELOT.COM execution of this command. The consumer can write to EMERAUDE whose coordinates are within the terms and conditions contained within the website to 's oppose such disclosure or to exercise its rights of access, rectification against information concerning and contained in the files of EMERAUDE, as provided by the Act of 6 January 1978.