TERMS AND CONDITIONS
Between SYNERGLACE, located 2, rue de la Forêt, 68990 HEIMSBRUNN (France), the Share Capital of € 10,000, registered with the Chamber of Commerce, Mulhouse, under the number of registration B 425 144 276, SIRET 425 144 276 00044, represented by Philippe Aubertin, as President, duly authorized for the purposes hereof. The company can be contacted by email by clicking on the contact form accessible via the site's home page.
Hereinafter the "Seller" or the "Company".
On the first hand,
And physical or legal person to purchase products or services of the company.
Hereinafter, the "Buyer" or "Customer"
On the second hand,
He was exposed and agreed as follows:
Seller is editor of products and services exclusively to public or private consumers, marketed through its websites (http://synerglace.com, http://okespor.com).
The list and description of goods and services proposed by the Company are available on the above websites.
Article 1: Purpose
These Terms and Conditions determine the rights and obligations of the parties under the online sale of products proposed by the Seller.
Article 2: General Provisions
These General Terms and Conditions (GTC) apply to all sales of products, made through the websites of the Company that are part of the Contract between the Buyer and Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable Terms are those then being in effect on the date of payment (or the first payment for multiple payments) of the order. These Terms are available on the website of the Company at the following address: http://www.okespor.com. The Company also ensures that their acceptance is clear and unqualified by setting up a checkbox and a validation click. The Customer declares to be aware of all these Terms and Conditions, and if any of the Special Conditions of Sale relating to a product or service, and accept without restriction or reservation. Customer acknowledges that it has received the necessary information and advice to ensure the adequacy of the offer to its needs. The Customer states to be able to lawfully contract under French laws or validly represent the person or entity to which it undertakes. Unless proved otherwise the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
Prices for products sold through Internet sites are indicated in Euros and accurately determined on the pages of descriptions of the Products. They are also indicated in euros all taxes included (VAT + other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or overseas territories, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights are not within the purview of the Seller. They will be handled by the buyer and it is responsible (statements, payment to the competent authorities, etc.). Seller invites in this respect the buyer to learn about these issues with the relevant local authorities. The Company reserves the right to change prices at any time in the future. Telecommunication costs necessary for access to the websites of the Company are to the Customer’s charge together with the transport costs for the order.
Article 4: Conclusion of contract Online
The Customer must follow a series of steps specific to every product proposed by the Seller in order to accomplish his order. However, the steps described below are systematic:
➢ Information about the essential characteristics of the product;
➢ Product Selection, if any of the options and indication of the essential data of the Customer (identification, address, ...);
➢ Acceptance of these Conditions of Sales;
➢ Verification of the elements of the order and, if necessary, correcting errors;
➢ Follow instructions for payment, and payment products;
➢ Supply of goods.
The Customer will receive email confirmation of payment of the order, as well as the acknowledgment confirming receipt of the order. He will receive a copy .pdf of these terms of sale. For products delivered, the delivery will be made to the address specified by the Client. For the purposes of proper implementation of the order, and pursuant to Article 1316-1 of the Civil Code, the Customer undertakes to provide his truthful identifiers.
The Seller reserves the right to refuse the order, for example to any abnormal demand, made in bad faith or for any legitimate reason.
Article 5: Products and Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the websites of the company. The customer confirms having received a detailed delivery costs and the terms of payment, delivery and execution of the contract. The Seller agrees to fulfill the customer order within the limits of available stocks of products only. Otherwise, the Seller shall inform the Customer. These contractual information is presented in detail and in French. According to French law, they are subject to a summary and a confirmation upon confirmation of the order. The parties agree that the illustrations or photographs of the products offered for sale are not contractual. The validity of the offer of products and their prices specified on the websites of the Company and the minimum duration of contracts offered when they bear on a continuous or periodic supply of products or services. Except in special circumstances, the rights granted hereunder are only to physical person signing the order (or the holder of the release email address) .In accordance with the legal requirements for compliance and hidden defects, the Seller refund or exchange defective products or not corresponding to the order. The refund can be requested by email via the contact form on the site. Return shipping costs are the responsibility of the buyer. The seller will pay the shipping costs of / product (s) exchanged (s). The reimbursement will take place after receipt of the products upon presentation of bank details of the buyer.
Article 6: retention of title clause
The products remain the property of the Company until their delivery to the carrier.
Article 7: Delivery
The products are delivered to the shipping address that was specified when ordering. The delivery time indicated when recording the order is indicative only and is not guaranteed. When the customer order multiple products at the same time they may have different delivery times. A global shipment will be made when all the products are ready for shipment.
In case of delayed shipment, the buyer will be contacted by email to explain the delay.
In case of delayed delivery, the customer has the option to break the contract in the terms and conditions defined in Article L 138-2 of the Consumer Code. Seller will then reimburse the product and shipping costs in the terms of Article L 138-3 of the Consumer Code.
Seller provides a telephone contact point (cost of a local call from a landline) specified in the order confirmation email to follow up the order.
The transport risk is borne entirely by the purchaser.
In case of missing or damaged goods during transport, the buyer must make all necessary reservations on the order upon receipt of the goods from the carrier. These reservations must be further confirmed in writing within five days of delivery by registered mail AR.
Article 8: Availability and presentation
Orders will be processed within the limits of our available stocks and subject to availability from our suppliers. In case of unavailability of an article for a period exceeding 5 working days, the buyer will be notified immediately predictable delivery times and order of this article may be canceled on request. The customer can then request a credit for the amount of the item or refund.
Article 9: Payment
Payment is due immediately with the order, including the products in pre-order. Customer can pay by credit card or check.
Cards issued by banks outside France must be international credit cards (Mastercard or Visa). The secure online payment by credit card is carried out by our payment provider. The information transmitted is encrypted in the rules of art and can not be read in transit on the network.
Once payment is made by the Client, the transaction is debited immediately after checking the information. Pursuant to Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given card is irrevocable. By providing bank details on the sale, the Customer authorizes the Seller to charge her card for the amount relating to the stated price. The Client confirms that he is the legal owner of the debit card and is legally entitled to use them. In case of error, or failure to charge the card, the sale is immediately canceled automatically and the order canceled.
Article 10: Withdrawal period
Pursuant to Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen days to exercise his right of withdrawal without any reasons or pay penalties, except where applicable, the cost of return. " "The period mentioned in the preceding paragraph shall run from the receipt of the goods or acceptance of the offer for services." The right of withdrawal may be exercised by contacting the seller by post by registered letter with acknowledgment of receipt.
Clients are advised that in accordance with Article L. 121-20-2 of the Consumer Code, the right of withdrawal may not be exercised where the products have been used.
In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased products and shipping costs will be reimbursed, the return costs are to the Customer.
Returns of products are performed in their original condition and complete (packaging, accessories, manuals, ...) so that they can be relet in new condition within 30 days; they should if possible be accompanied by a copy of the sales receipt.
As required by law, you will find below the standard form of withdrawal to contact the seller to the following address: 2, rue de la Forêt - 68990 HEIMSBRUNN - France.
"I hereby notify you my withdrawal from the contract for the sale of the property below:
order number: ................................................
Removing the ................................................
withdrawal store ................................................
Client name : …………………………………………
Customer Address: ................................................
Client's signature …………………………………………
Date: ................................................ "
The refund will be by bank transfer upon presentation of a bank account of the buyer.
Article 11: Guarantees
The purchaser benefits from the legal guarantee of conformity in accordance with Articles L. 211-4 and following of the Consumer Code and the guarantee against hidden defects in accordance with Article 1641 of the Civil Code.
When the buyer acts as legal guarantee of conformity,
• it has a period of two years from delivery of the product to act;
• he can choose between repair or replacement, subject to the cost conditions laid down in Article L. 211-9 of the Consumer Code;
• for any product purchased until March 17, 2016 at 23:59:59 it is given to prove the existence of the lack of conformity of the property during the six (6) months following the issuance of the property;
• for any product purchased from March 18, 2016 at midnight, it is given to prove the existence of the lack of conformity of the property during the twenty-four (24) months after delivery of the goods.
You may decide to implement the guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. In this case, you can choose the resolution of the sale or reduction of the sale price (Article 1644 of the Civil Code).
The seller will not accept a claim and use the warranty if the product has been damaged or that its use does meet the specific terms of the product, the conditions attached to product delivery.
Article 12: Complaints
If necessary, the Buyer may make any claim by contacting the company via the contact form available on the website.
Article 13: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or generally any object of intellectual property rights information are and remain the exclusive property of the seller.
No assignment of intellectual property rights is conducted through these Terms. Total or partial reproduction, modification or use of such property for any reason is strictly prohibited.
Article 14: Force majeure
The implementation of the obligations of the seller to the term hereof shall be suspended upon the occurrence of a fortuitous event or force majeure that prevent the execution. The seller will inform the customer of the occurrence of such an event as soon as possible.
Article 15: nullity and contract amendment
If any provision of this contract was canceled, this shall not result in the nullity of the other provisions that remain in force between the parties. Any contractual modification is valid only after a written agreement signed by the parties.
Article 16: Protection of personal data
Under the Data Protection Act of 6 January 1978, you have the question to, access, modification, opposition and correction of personal data. By adhering to these Terms and Conditions, you agree that we collect and use this data for the realization of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers on products published by the Company and its partners. You can unsubscribe at any time. You just have to click on the link at the end of our emails or contact the controller (the Company) by registered letter. We carry on all of our sites track attendance.
Article 17: Applicable law
All clauses in these general conditions of sale, and all purchases and sales contemplated therein, will be subject to French law.