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A. general - scope
1 these terms of sale, hereinafter referred to as "GTC", govern all contractual relations between the Driftwood of Sophie and its customers, and are intended to define the rights and obligations of the parties in the sale of products online.
3 security of payment: all transactions made by credit card as well as banking online (via Internet) are made on payment pages secured by SSL encryption.
B. contents of the online offers
1. all our offers are non-binding and indicative.
2. the conclusion of the contract takes place only to the extent where the Driftwood of Sophie confirms acceptance of the order. Unless stated otherwise, the wood floats of Sophie reserves the right to refuse an order or to attach certain conditions to the delivery. If the order placed online is not received by the Driftwood of Sophie, including for technical reasons, the contract cannot be considered to be concluded.
C. State and characteristics of the goods
The Driftwood of Sophie guarantees the quality of its goods. Proposed wood are of real Driftwood worked in a natural way without treatment or processing by our services or any other service.
The weight indicated in the data sheets correspond to the total weight gross sent package (weight of the goods and packaging) knowing that the weight of the package varies from 20 grams to 500 grams (depending on the ordered amount of driftwood).
In some cases, the color of driftwood sold in the different categories of our online store can vary when the Driftwood is wet. Indeed, the color of the Driftwood can become darker under the effect of a high rate of humidity, but Woods will resume their original color after drying.
D. pricing policy
Unless otherwise stated, prices displayed online are HT * and excluding delivery costs (* no fees apply to these products VAT not applicable article 293 b of the CGI).
E. delivery (shipping)
We reserve the right to choose the most appropriate mode of transport and packaging.
1. the delivery dates specified are considered dates provided for in the contract.
2. the goods are delivered according to the customer's choice: under 24/48 by chronopost, 48 H by Colissimo 3 to 8 days in Colissimo eco or by another delivery service if need be.
3. Driftwood Sophie cannot be held responsible for any delay on delivery by the post office or another transport service.
4. in the case of non-delivery (loss, theft, damage), only the transport service can be held responsible. The client is responsible for making the necessary claims in the event of loss, theft or damage of the package and its goods from the post office or any other delivery service.
5. the customer recipient of any command is responsible for the delivery and the reception in perfect condition of the goods covered by the contract. In respect of sections 103 to 105 of the commercial code, the recipient cannot rely on one any claims for shipping damage if specific reservations (indicating the nature of the observed disorders) are not mentioned on the (good delivery) receipt from the carrier.
6. "the wood floats of Sophie" undertakes to provide all proofs required for the smooth application of the claim and in the time limits.
G. responsibilities and claims
1. any claim about the delivery must be made in writing within a period of seven days from the receipt of the goods by the buyer. After this period and if the purchaser acted negligently, the order will be considered as delivered in accordance with the terms of the contract.
2. insofar as the claims are made in a timely manner, and that the products delivered are not in conformity in kind or in quality specification set out on the order form, we are the only ones to be able to decide, after return of the goods, if we proceed to a new delivery (free, fresh at our expense) or if we refund the buyer. Our responsibility is not engaged especially in the case of a request for damages.
3. return of goods must be effected within 7 days following the claim and this with the agreement of the seller.
4. any return of goods by buyer and seller agreement, shall be deducted from the total reimbursement of the returned product delivery costs to the command.
5. any goods which have undergone processing (cutting, editing, etc.) by our services during the preparation of the order cannot be refused or returned by the customer at his reception except in case of theft or breakage during transportation justified by the presence of reservations expressed by the client on the delivery slip.
In this case, the client must comply with the procedure of claim indicated in paragraph 'F. delivery' of these present general conditions of sale.
Where appropriate, the command will not be subject to a refund by our services.
1. unless otherwise specified on the invoice, all orders must be fully settled before the delivery of the products. Insofar as prospective purchase for credit (payment in 3 times without charge) timeout should be exceeded, the purchaser would be liable to pay interest equal to 1% for each calendar month or part month where the purchaser remains in default of payment. Any claim cannot in no case suspend or postpone the payment obligation. Any recovery of claims is expressly excluded.
2. all judicial and extrajudicial collection costs shall be borne by the buyer. Extrajudicial costs represent at least 15 per cent of the principal amount outstanding, with however a minimum of 250 euros imposed and is payable without special assignment from the moment where we sent the debt to a third party for collection.
1. in the event of non-payment of an amount or termination payment, and to the extent where there are reasonable grounds to believe that the buyer does not meet its commitments, once the actual contract, the purchaser is obliged, upon our first request, prepay or provide us with a guarantee of payment.
If the buyer is not able to fulfil this obligation, we will consider this failure as a breach of its obligations, and will be entitled to cancel the contract in whole or in part, without having to provide evidence of non-performance or recourse to justice. In this case, we are entitled to claim damages in an amount at least equal to that payable by the buyer under the terms of this agreement.
2. all products already delivered or remaining to be delivered will remain our property until all our claims towards the buyer, present or future, is set. If the buyer does not fulfil its commitments under the contract, we reserve the right to return the goods without having to provide any proof of breach. In this case, the contract will be immediately cancelled, no judicial intervention is required and in no way affecting our right to compensation.
3. insofar as the products outstanding refund is required, the Driftwood of Sophie has the right resume to the purchaser (having not fulfilled its obligation of payment) the "technically identical" goods than required. By 'technically identical' are implied products with the same specifications that products marketed online and likely to be resold by the wood floats of Sophie.
J. disputes - applicable law
1. all our contracts are governed exclusively by french law.
2. any any dispute will be brought before the competent place of jurisdiction of the city in which we shall be entitled to bring proceedings, in other words before the Court which, in the absence of the above-mentioned provision, would have jurisdiction for the dispute.
Computer K.Dispositions and freedoms
The information requested from the customer are necessary for processing and execution of his order. Data files remain internal to the shop and any person has a right of access and rectification to the information, in accordance with the law Informatique et liberté du 6 janvier 1978.
Any special command (for products with specific characteristics set by the client) of products which have undergone transformations in order to meet the request of the client (cuts, etc.) may be the subject of a refund or an Exchange following a claim by the client.
Therefore, any acceptance of estimate by a customer by email or fax will be considered as definitive upon payment in full of the command and cannot be the subject of a claim. Any acceptance of order committed the Driftwood of Sophie to comply with the measures and other characteristics selected by the customer. The client may request a photo of driftwood type which will be mailed to him.
General CONDITIONS of sale specific to the category "over-the-counter" products
M. Etat and characteristics of creations for sale
The creations available in the category "for sale" shop online the Driftwood of Sophie are crafted entirely by the artist related to these products.
The characteristics presented in sheets of this category are indicated previously by the artist. The Driftwood of Sophie cannot therefore be held liable for any error made by the artist during the development or the communication of these characteristics.
N. delivery creations for sale
1. the artist is responsible for packaging and shipping of the creations sold in his name in the category "for sale" shop "the wood floats of Sophie" within the period indicated at the time of sale.
2. the Driftwood of Sophie cannot be held responsible for any delay or non-delivery by mail or other delivery service.
In case of non-delivery (loss or theft), only the transport service be liable for.
3. the client is responsible for carrying out the necessary claims in the event of loss or theft of
package and its goods from the post or any other responsible for service delivery
4 '' wood floats of Sophie"undertakes to provide all information and evidence
necessary for the smooth application of the claim in a timely manner.
5. the ordering client is responsible for the delivery and receipt in perfect condition of the goods covered by the contract. In respect of sections 103 to 105 of the commercial code, the recipient cannot rely on one any claims for shipping damage if specific reservations (indicating the nature of the observed disorders) are not mentioned on the (good delivery) receipt from the carrier. The receiving client must notify the seller "timber floats of Sophie" within 24 hours in attaching a copy of the delivery receipt on which reserves are written.
6. "the wood floats of Sophie" must then notify the artist within a period of 48 h in order to involve the carrier warranty.
7. no claim will be taken into account in the absence of specific reservations listed on the delivery note.
O. return and SAV
The VAS on an identifiable fault to the creative artist is provided by it.
Wood, sockets and broken lampshades are excluded from the scope of the VAS.
No returns on the part of the recipient is accepted without prior agreement of "wood floats of Sophie".
The accepted VAS means product approved in the workshops of the creative artist, postage paid by the sender.
VAT not applicable, art. 293 B of CGI