The on line shop of the website Spina-Bac® France was installed by the company AGYR Sarl (Ltd), which is the operator of this website. Every order taking of a product appearing within the on line shop of the website: "Spina-Bac® France" supposes the preliminary consultation of these general conditions of sale.
Consequently, the consumer recognizes being perfectly informed about the fact that its agreement concerning the contents of these general conditions does not require the handwritten signature of this document, in the case when the customer wishes to order on line the products presented within the shop framework of the website. The consumer has the posiibility to back up or to publish the present general conditions, being specified that as well the backup as the edition of this document concern its only responsibility. The consumer, before his command, declares that the acquisition of these products is without direct relationship with its professional occupation, their acquisition being reserved for a personal use. As a consumer, the customer thus has specific rights, which would be called into question on the assumption, if the products or services acquired within the framework of the website would have actually a relationship with its occupation.
The shop on line installation within this website contains following information:
Legal mentions allowing an precise identification of the company AGYR;
Presentation of the essential characteristics of the proposed goods;
Indication of the price of the goods in Euros including all taxes, and, if necessary, of the of delivery costs;
Indication of the modes of delivery and payment;
Existence of a right of retractation;
Period of validity of the offer, or the price;
Conditions of cancellation of the contract, if it is at unspecified duration or one duration higher than one year;
The whole of this information are presented in French, English and German, however only the French language version is lawfull. The consumer states to have the full legal capacity allowing him to engage with the title of these general conditions.
Article 1: Object
The present general conditions have the aim of defining the rights and obligations of the parts within the framework of the on-line-sale of goods and services offered by company AGYR Sarl (Ltd) to the consumer.
Article 2: Entirety of the obligations
The present general conditions express the entirety of the obligations of parties. In this direction, the consumer is considered to accept without reserve the entirety of the provisions envisaged under these general conditions. No general or specific condition appearing in the documents sent or given by the consumer will be able to be integrated into present, since these documents would be incompatible with these general conditions.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented by decreasing hierarchical command: present general conditions; the purchase order. In the event of contradiction between the provisions contained in the documents of different row, the provisions of the document of higher row will prevail.
Article 4: Entry into force & duration
The present general conditions come into effect at the date of signature of the purchase order. The present general conditions are concluded for the duration necessary to the supply from the goods and subscribed services, until the extinction of the guarantees which had by company AGYR Sarl.
Article 5: Electronic signature
The "double click" of the consumer to the title of the purchase order constitutes an electronic signature which has, between the parts, the same value as a handwritten signature.
Article 6: Confirmation of order
Contractual information will be the subject of a confirmation by way of e-mail, at the latest at the moment of the delivery or, with the address indicated by the consumer in his purchase order.
Article 7: Proof of the transaction
The computerized registers, preserved in the information processing systems of company AGYR Sarl under reasonable conditions of security, will be regarded as the evidence of the communications, the commands and the payments occurred between the parties. The filing of the purchase orders and the invoices is carried out on a reliable and durable support, being able to be produced by way of proof.
Article 8: Information on the products
8-a: Company AGYR presents on its website products to be sold with the necessary characteristics, which make it possible to respect the Article L 111-1 of the Code of the consumption, which envisages for the potential consumer the possibility of knowing before the final order the essential characteristics of the products that it wishes to buy.
8-b: The offers presented by company AGYR are valid only within the limit of stocks available.
Article 9: Prices
The prices are indicated in euros and are valid only at the dispatch date of the purchase order by the consumer. They do not include delivery expenses, invoiced in supplement, and indicated before the validation of the command. The
prices do include the VAT applicable to the day of the command and any change of applicable VAT rate will be automatically reflected in prices of products offered in the on line shop. The payment of the totality of the price must be carried out during the ordering. In no moment, the versed sums could be regarded as down payments or installments.
Article 10: Mode of payment
To pay its order, the consumer lays out, with his choice, of the whole of the modes of payment aimed within the purchase order. The consumer guarantees the company AGYR, which it has the authorizations possibly necessary to use the mode of payment chosen by him, at thetime of the validation of the purchase order. Company AGYR reserves the right to suspend any management of order and any delivery in the event of refusal of authorization of payment per bank card on behalf of the officially accredited organizations or in the event of non-payment. Company AGYR reserves particularly the right to refuse to carry out a delivery or to deliver an order emanating with a consumer, who would not have regulated completely or partially a preceding command or, with which a litigation of payment would be in the course of administration. Company AGYR set up a procedure of checking of the orders intended to ensure that no person uses the banking co-ordinates of another person without her knowledge. Within the framework of this checking, it will be requested from the customer to address by fax to company AGYR Sarl a copy of an identity paper as well as a document in proof of residence. The command will be validated only after reception and checking by our services of the parts sent.
Article 11: Availability of the products
The command will be carried out at the latest within a 7 days deadline as from the day following that, when the consumer placed his order. In the event of unavailability of the ordered product, in particular because of our providers, the consumer will be informed with the more tt and will have the possibility for it of cancelling his order. The consumer will have then the choice to ask either for the refunding of the sums paid in the 30 days at the latest of their payment, or the exchange of the product. Article 12: Methods of delivery the products are delivered to the address indicated by the consumer on the purchase order and only continental France. The consumer is held to check the state of the packing of the goods to the delivery and to announce the damage ds to the conveyor on the delivery order, like at company AGYR, within one week. The consumer can, with his request, to obtain the sending of an invoice to the bill-to-address and not to the address of delivery by validating the option envisaged for this purpose on the purchase order. With regard to forwarding, we work primarily with Colissimo Suivi. As soon as we proceed to a sending, you receive a mall immediately by informing you.
THE POST OFFICE
: To reduce to the maximum the transport charges, all the products of weak or average sizes are dispatched by a postal service Colissimo Suivi. In addition to the fact of being economic, this service delivers in 48H in all France, and offers to you the possibility of recovering from your post office close to the address of delivery the products ordered, in the event of absence on the place of initial delivery at the time of the presentation of the factor. Concretely, if you miss the day of the delivery, your factor will leave a transit advice note in your mailbox, which will enable you to withdraw your parcel at your post office during the opening hours, within 15 day. Colissimo Suivi is a highly reliable service. However, it may be, as in any forwarding, which there can be a delay of delivery or which the product is mislaid. In the event of delay of delivery compared to the date that we indicated to you in the courriel forwarding, we ask you to announce us this delay by calling us by telephone or by sending a courriel to us. We will then contact the Post office to make start an investigation. A Poste investigation can last up to 21 days as from the date of beginning of the investigation. So during this time, the product is found, it Re-will be conveyed immediately in your residence (majority of the cases). If on the other hand the product is not found at the end of the 21 days deadline of investigation, the Post office regards the parcel as lost. It is only at this time that we can return you a product of replacement, with our expenses. If the ordered products were not available any more at this time, we would refund you assembling it of the products concerned with
the loss of the conveyor. If the products were still available, but had changed selling prices on the site, we would apply the new selling prices, either by refunding you by cheque of the difference, or by requiring a complementary cheque relating to this price difference. We decline any responsibility as for lengthening for the delivery times because of the conveyor, in particular in the event of loss of the products or strike.
Article 13: Problems of delivery because of the conveyor
Any anomaly concerning the delivery (damages, produced missing compared to the delivery order, damaged parcel, broken products) will have to be imperatively indicated on the delivery order in the form of "handwritten reserves", accompanied by the signature of the customer. The consumer will have in parallel to confirm this anomaly by addressing to the conveyor in the two (2) following working days the delivery date a mail recommended with acknowledgement of delivery exposing the aforementioned complaints. The consumer will have to transmit copy of this mail by fax or simple mail to: AGYR Sarl, Customer service "Spina-Bac¨ France" - 5, rue de Colmar, 67230 Obenheim.
Article 14: Errors of delivery
14-a: The consumer will have to formulate near company AGYR the very same day of the delivery or at the latest the first wrought day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Any complaint formulated beyond this time will be rejected.
14-b: The formulation of this complaint near company AGYR could be made: in priority by telephone to the 03 88311774 from Tuesday to Friday, from 9:00 am to 12:00 am, while connecting you on our site in the heading "follow your order" where, after having entered your number of customer, you will be able to ask us your question through the menu to contact us by specifying the reference of the command well.
14-c: Any complaint not carried out in the rules defined above and the time limits could not be taken into account and will release company AGYR of any responsibility with respect to the consumer.
14-d: With reception of the complaint, company AGYR will allot a number of exchange concernd products and will communicate it by courriel, fax or telephone with the consumer. The exchange of a product can take place only after attribution with the consumer of a number of exchange according to the step presented above.
14-e: In the event of error of delivery or exchange, very produced to exchange or refund will have to be turned over to company AGYR as a whole and in its packing of origin, in Colissimo Recommandé, with the following address: AGYR, Service of returns "Spina-Bac¨ France" - 5, rue de Colmar, 67230 Obenheim to be accepted, any return will have to be announced as a preliminary to the Customer service of company AGYR. The expenses of sending are the responsibility of company AGYR, except in the case, where it would prove that the taken again product does not correspond to the declaration of origin made by the consumer in the good of return.
Article 15: Guarantee of the products
In accordance with Article 4 of the decree n¼ 78-464 of March 24, 1978, the provisions of present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the hidden defects of the sold thing. The consumer is expressly informed that company AGYR Sarl is not the producer of the products presented within the framework of the Web site, within the meaning of the law n¼ 98-389 of May 19, 1998 and relating to the product liability defective. Consequently, in the event of damage caused with a person or a good by a defect of the product, only the responsibility for the producer of this one could be sought by the consumer, on the basis of information being reproduced on of the aforesaid packing produces. The conditions and the warranty period producer are indicated on the cards produced. Taking into account the frequency of renewal of the components of the technical products, AGYR Sarl will be able, on request, to inform the consumer of the availability of the spare parts of the offered products and the methods to possibly get them.
Article 16: Right of retractation
In accordance with the articles L121-16 and L121-20 of the Code of consumption, the consumer has a 7 working days deadline to turn over, with his expenses, the products not agreeing to him. This time court as from the day of the delivery of the ordering of the consumer. If this deadline expires one Saturday, one Sunday or a
public holiday or been unemployed, it is extended until the first next working day. Any return will have to be announced as a preliminary, near the Customer service of company AGYR Sarl: either by telephone to the 03 88311774 from Tuesday to Friday, from 9:00 am to 12:00 am, or while connecting you on our site in the heading "your order", or, after having entered your number of customer, you follow will be able to obtain your number of command. The product will have to be turned over in Colissimo Recommandé to AGYR : 5, rue de Colmar, 67230 Obenheim. The products such as discs CD, DVD, cellular telephones, must not be loosened, so that the consumer can profit from the right of retractation. The electronic products such as platinums, helmets, tables of mixing, etc... remain subjected to the legal time of 7 days retractation. Only will be taken again the products returned as a whole, in their packing of origin complete and intact, and in a perfect state of resale. Every product which will have been damaged, or whose packing of origin will have been deteriorated, neither will be refunded nor exchanged. This right of retractation is exerted without penalty, except for the expenses of return. On the assumption of the exercise of the right of retractation, the consumer has the choice to ask either for the refunding of the paid sums, or the exchange of the product. In the case of an exchange, Re-forwarding will be done with the expenses of the consumer. In the event of exercise of the right of retractation, company AGYR limited liability company will make all the efforts to refund the consumer within 15 day. However, taking into account the technical character of the market products, this time could be extended to 30 days, in particular when the product needs a technical checking (cf produced having to be tested as a preliminary). The consumer will then be refunded by Re-credit of his bank account (protected transaction) in the event of payment by bank card, or cheque in the other cases.
Article 17: Rights of use
The right of use of the software of company AGYR, like those distributed by it, is granted to the consumer on a purely nonexclusive, personal and nontransmissible basis, in accordance with the Code of the Intellectual Property. However, with the title of the L122-6-1 Article of this Code, the consumer exclusively has a reproduction right for the establishment of a backup copy, when this one is necessary to preserve the use of the software. In any event, the author of the software preserves a right of ownership on his work, that the consumer commits himself respecting.
Article 18: Force majeure
None of the two parts will have failed in its contractual obligations, in the case, when their execution will be delayed, blocked or prevented by a fortuitous occurence or a cause beyond control. Will be regarded as fortuitous occurence or cause beyond control done everything or circumstances irresistible, external with the parts, unforeseeable, inevitable, independent of the will of the parts and which could not be prevented by these last, despite everything the reasonably possible efforts. The part touched by such circumstances will warn of it the other in the ten working days according to the date on which it will have been informed of it. The two parts will approach then, within impossibility, one month except due to the case of absolute necessity, to examine the incidence of the event and to be appropriate of the conditions under which the execution of the contract will be continued. If the case of absolute necessity A one duration higher than three months, the present general conditions could be cancelled by the injured part. In way express, are regarded as case of absolute necessity or fortuitous
occurences, in addition to those usually retained by the decisions of the courts and the French courts: the blocking of the provisioning or means of transport, earthquakes, fires, storms, floods, the lightning, the stop of the telecommunications networks, or difficulties specific to the external telecommunications networks to the customers.
Article 19: Not partial validation
If one or more stipulations of these general conditions are held for nonvalid or are declared such pursuant to a law, of a payment or following a final decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
Article 20: Not renunciation
The fact for one of the parties of not prevailing itself of a failure by the other party with the unspecified one of the obligations aimed under the present general conditions could not be interpreted for the future as a renunciation of the obligation in question.
Article 21: Titrate
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable law
The present general conditions are subjected to the French law. It is thus for the rules of funds as for the rules of form. In the event of litigation or of
complaint, the consumer will apply in priority to company AGYR to obtain a friendly solution. In the second time and in the event of recourse, the consumer will be able to lodge a complaint with and Industry Commercial court of Strasbourg, via his dedicated dialogue box.