GENERAL TERMS OF SALE
The General conditions of sale (hereinafter the "terms and conditions") apply to all purchases of services or goods that you perform as a person natural or legal (hereinafter "customer") on the website, https:// www.1Fret.com or any other URL which can substitute in the domain 1fret.com (the "Site") from , LLC registered in the register of trade and companies under the number XXXX XXXXX, headquartered . Email : contact@1Fret.com (ci-après le « VENDEUR »).
The orders are now not possible on the website.
The terms used below have, in the present General conditions, the following meaning :
« CUSTOMER » : désigne le cocontractant du VENDEUR, qui garantit avoir la qualité de consommateur telle que définie par le droit et la jurisprudence française. A ce titre, il est expressément prévu que ce CLIENT agit en dehors de toute activité habituelle ou commerciale.
« DELIVERY » : désigne la première présentation des PRODUITS commandés par le CLIENT à l’adresse de livraison indiquée lors de la commande.
« PRODUCTS » : désigne l’ensemble des produits disponibles sur le SITE.
- « SERVICES » :means all of the services available on the SITE < /.li >
- « CONSTATANT » : refers to all the companies and people constatants a dispute or a problem in executing a SERVICE.
- « TERRITORY » : désigne la FRANCE Métropolitaine, y compris la Corse, et les DOM TOM.
These terms and Conditions govern the sale by seller to its customers of the SERVICES and products on the Site (hereinafter the "products"), that the customer orders on the Site, to pay and which are made or delivered.
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3. ACCEPTANCE OF THE GENERAL CONDITIONS
The customer must read these carefully and accept them, before proceeding to the payment of an order of SERVICES or products on the website.
The customer assumes the entire risk related to its activities and is solely responsible for the use of the Services provided by the seller and respect of the General Conditions in force, including when products and SERVICES at his disposal are used by or on behalf of third parties. The customer remains responsible for the adequacy of SERVICES and products ordered its needs and the needs of third parties by or on behalf of which they are used. When the customer uses the SERVICES of a professional activity, or when it is acting on behalf of third parties, undertakes to subscribe, near a known to be solvent organization liability insurance covering all of damage likely to be charged, and is committed to maintaining this (or any other equivalent insurance) for the duration of the contract
The general terms are referenced at the bottom of each page of the site through a link and must be consulted before ordering. The customer is asked to read atthoroughly, download, print the General Conditions and keep a copy.
The vendor advises the customer to read the terms and conditions for each new order, the latest version of these terms apply to any new order or pre-order of products and SERVICES.
< p stYLE = "make - size:11px; do - weight:400;" >By clicking on the first "Order" button to place the order, then on the second to confirm the order, the customer acknowledges having read, understood and accepted the terms and conditions without limitation or condition.
4. opening an account - Purchase of SERVICES and or product on the SITE < /.H3 >
To buy a product, the customer must be at least 18 years of age and have the legal capacity.
Once registered, the customer can track their order for free, at any time, by checking his account on the Site. The customer can check the status of his order and see if their order has been shipped and delivered. The deliveries are tracked by using the tracking tool in the carrier line.
< p stythe = "make - size:11px; do - weight:400;" >The customer can also contact Sales Department of the seller at any time by e-mail to the address contact@1Fret.com, in order to obtain information on the status ofhis order.
The information that the customer provides to the seller at the time of the opening of a customer account or when an order must be complete, accurate and up-to-date.
< s ptyle = "make - size:11px; do - weight:400;" >The seller reserves the right to request the customer to confirm, by any appropriate means, his identity, his eligibility and information.
Prior to activation of the customer account as well as at any time during the contract, the seller reserves the right to control the accuracy of information provided by or on behalf of the customer, and ask the customer to supporting documents. The seller reserves the right not to activate or disable the customer account in the event of incomplete, erroneous or fraudulent information.
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From the activation of his account by the seller, the customer can order Services. Depending on the Services, the orders can be placed from the Internet Site, the seller and/or directly from the Customer Management Interface and/or, as appropriate, using the API provided by the seller. The customer is solely responsible for the management of its customer account and authentication means (such as logins, passwords, etc.) which are associated. Any order of Services performed tofrom the account of the Client shall be placed by the customer and committed the latter. The conditions and time limits of provision of Services vary depending on the ordered Service. Some Services are made available only after receipt by the seller of the payment from the customer. It is up to the Client to ensure that the conditions of provision of the Services ordered are consistent with its needs.
< h3 style = "wiDTH:695px;" >5 ORDERS
5.1 CHARACTERISTICS OF PRODUCTS AND SERVICES
The seller strives to present as clearly as possible the main features of the products and SERVICES (on the fact sheets available on the Site) and the mandatory information that the customer should receive under the law applicable (in these terms).
< s ptyle = "make - size:11px; do - weight:400;" >As a result, the customer agrees to read them carefully before ordering on the Site.
Before ordering and use of SERVICES, the customer agrees to review all the terms of Service in effect and studying all the documentations, configurations, options and services available ranges in order to select the Services and features adapted to its needs and those of third parties by or on behalf of which the SERVICES are usedSES. The customer ensures that SERVICES are tailored to the legal and regulatory requirements applicable to the activities carried out in the context of the use of the SERVICES. To get information about the Services, the customer can contact the customer service of the seller in the conditions below. The conditions and characteristics of the Services evolve regularly. It is up to the customer to pay attention to these developments particularly in the context of each new order.
< p style = "font-size": 11px; make - weight:400;" >The seller reserves the right to change the selection of SERVICES and products on the Site, including the constraints related to its suppliers.
The photographs are presented for information only and have no contractual value < /strong >
Unless expressly provided otherwise on the Site, all SERVICES and products sold by the seller are in accordance with the legislation in force and standards applicable in France.
The seller agrees to provide all the care and diligence necessary for the provision of quality Services, in accordance with the specifications, terms and levels of Services under the contract. The seller is particularly committed to have a competent team in charge of the management and customer assistanceincidents (the "contact us"), and to ensure the availability and security of the Services according to the terms and applicable performance levels. The seller is subject to an obligation of means.
< p stYLE = "make - size:11px; do - weight:400;" >The seller is authorized to subcontract all or part of the benefits imposed under this agreement, to its related companies. The seller may freely use, in the execution of this agreement to third parties (such as energy suppliers, network providers, points of connection network or colocation data center managers, providers of) hardware, software or other carriers, providers techniques, guarding), without having to inform the customer or seek his consent. The seller remains in any case responsible of the subcontractors that it intervene in the execution of the contract. < p style = "make - size:11px; fo""nt - weight:400;" >The customer agrees to order and use the SERVICES in accordance with the General Conditions of sale in force. The SERVICES must be used in good intelligence. The customer is including to review and to comply with the present General Conditions of sale, as well as all information communicated to the customer at the time of the order. When using the Services on behalf of third parties, or allow others to use the SERVICES, the customer agreesto provide conditions in force and ensures that these conditions are met.
5.2. PROCEDURE DE COMMANDE
Orders are placed directly on the Site. To place an order, the customer must follow the steps below (Please note however that depending on the start page of the Client, the steps may differ slightly).
< h3 style = "width:695px; padding - left:4em;" >5.2.1 selection of products and purchasing options
The customer must select the (s) product (s) or SERVICE (s) of their choice by clicking on the product (s) or SERVICE (s) (s) and choosing the desired characteristics. A description (with main characteristics) will be provided on the Site.
Once the (s) SERVICE (s) or product (s) selected (s), he (s) is (are) location (s) in the basket of the customer. The customer must place an order for each ordered SERVICES, but it can add as much product (s) he wishes to.
Once the SERVICES or / and products selected and placed in his cart, the customer must click on the basket and check that the content of the order is correct.
If the CLIENT does not yet ISPt, he will be invited to identify or to register.
< p style = "make - size:11px; do - weight:400;" >Once the customer has validated the contents of the basket and it will will be identified / registered, will appear to its attention an automatically complete form online and summarizing the price, applicable taxes and delivery charges, if any. < p stylee = "make - size:11px; do - weight:400;" >The customer is asked to verify the content of the order (including the amount and the references of the products ordered, billing address, payment method and price) before clicking on the first button 'Validation'. < p stythe = "make - size:11px; do - weight:400;" >The CLIENT can then proceed to secure payment SERVICES or products by following the instructions on the Site and provide all the information necessary for billing and delivery of the products, as applicable. < p style = "make - size:11px; do - weight:400;" >Regarding the SERVICES and products for which options are available, these specific references appear when the right options have been selected. < p style = "make - size:11px; do - weight:400;" >Orders must include all information necessary to the good treatment of the order. < /p >
The customer is responsible only for completeness and accuracy of data entered by him even or pre existing in thes databases from the seller at its command. The customer will be solely responsible for the technical implications, costs, additional delays or all damage whatever consecutive has this entry or that no data was updated. < /strong >
Sous réserve des dispositions légales d’ordre public en vigueur, le Client n’est pas autorisé à dé-compiler les logiciels, codes et algorithmes utilisés dans le cadre des Services, notamment à des fins de rétro-ingénierie.
The customer has a free box of fields for each product order. This box is available that has informative title for the carrier, that it cannot be held responsible for a few consequence of the information entered. Where applicable, if this information requires it, the seller will contact the customer for additional information and or not can validate or taken into account or not for the performance of SERVICE.
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5.2.3 acknowledgement < /.H3 >
Once the above steps are completed, a page appears on the Site in order to acknowledge receipt of the customer's order. A copy of the acknowledgement of the order is automatically sent to the customer by e-mail, provided that address electronic laserEA through the registration form is correct. It is up to the customer to check and to allow the opportunity to receive e-mail from the seller email@example.com. In no case the seller will be held responsible for non receipt of these communications, and customer shall be fully responsible for extra time, extra costs and the damage that might be caused in the event of a request for information further that would be asked by this means and which would not receive any time response time required.
< p style = "fo"nt - size:11px; do - weight:400;" >The seller sends confirmation of order by postal mail or fax.
During the order process, the customer must enter the necessary billing information (the sign (*) indicate required fields must be filled out for order of the CLIENT is handled by the seller).
The CLIENT must state clearly all the necessary information.
The customer shall then specify the chosen payment method and send his bank details before clicking on the button 'Continue'.
The purchase order the CLIENT establishes online or the acknowledgement of commande the seller sends to the customer by e-mail are an invoice. Regardless of the mode of order or payment, the customer will receive the original of the invoice by email, and will be available for 5 years on his account.
The seller will retain an electronic copy of each invoice.
One email extra of a Bill at the request of the customer will be charged €1 HT.
An application of statement of account by the customer by e-mail is free every year, each additional request will be charged € 5.
One sends mail to Bill at the request of the customer will be charged €15 HT.
One sends by RLAR of a Bill at the request of the customer will be charged €30 HT.
5.3. THE ORDER DATE
The order date is the date on which the seller acknowledges receipt in the command line < sPan style = "text - company;" >validated
< p style= "make - size:11px; do - weight:400;" > Aucune des Parties ne peut voir sa responsabilité engagée sur le fondement d’une défaillance résultant, directement ou non, d’événements non prévisibles ayant les caractéristiques de la force majeure telle que définie par l’article 1218 du Code Civil. Toutefois, pour pouvoir se prévaloir de la présente disposition, la Partie qui se trouve empêchée d’exécuter ses obligations doit en informer l’autre Partie dans les plus brefs délais et par écrit en précisant les circonstances et la durée prévisible de cette situation, et la tenir régulièrement informée de l’évolution de la situation.
For all products, the customer will find on the Site of the prices posted in euros including all taxes and applicable fees (depending on the characteristics of the SERVICES or products selected by the CLIENT). < /p >
Prices include in particular the tax on the value added (tax VAT) at the rate in force on the date of order. Any change in the applicable rate may affect the price of the SERVICES or products from the date of entry into force of the new rate.
The VAT rate is expressed as a percentage of the value of the sold product or SERVICE.
Prices of the suppliers of the seller are subject to change. In twoNCE, the prices listed on the Site may change. They can also be changed in the case of offers or special sales.
< p style = "make - size:11px; do - weight:400;" >The prices indicated are valid, except gross error. The applicable price is that indicated on the Site at the date on which the order is placed by the customer. Price consulted at different times or for different performance of the SERVICE dates (dates of pick-up, the delay between pick-up and delivery and delivery date) cannot be used as a quote.
< h3 style =."width:695px; padding - left:2em;" >5.5. AVAILABILITY OF PRODUCTS
Depending on the product, the seller applies a stock management 'to lean '. Depending on the case, the availability of the products depends on the seller stocks.
< p style = "make - size:11px; do - weight:400;" >The seller agrees to honor the orders received provided that the products are available.
The unavailability of a product is normally indicated on the page of the product concerned. CUSTOMERS can also be informed of the buyer of a product by the seller.
< p style= "make - size:11px; do - weight:400;" >In any case, if unavailability has not specified when ordering, the seller undertakes to inform the customer without delay if the product is not available. < p style= "make - size:11px; fon"t weight:400;" > The seller may, at the request of the customer :
offer to ship all products at the same time as soon as the products out of stock will be available again,
do a partial shipment of the products available at first, then shipping the rest command when other products will be available, subject to a clear information on the costs of transport additional which can be committed,
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offer an alternative product quality and equivalent price, accepted by the Client.
If the customer decides to cancel his order of unavailable products, it will get a refund of all monies paid for the unavailable products, without delay and at the latest within thirty (30) days of the payment.
5.6 AVAILABILITY OF SERVICES./H3 >
Depending on the SERVICES concerned, the seller realizes or subcontracts the SERVICE. Therefore, as the case may be, the possibility of realization of SERVICES depends on 'State of the art' skilled in the art at the time of execution of the SERVICE. In case of total failure, the customer is reimbursed within 30 days.
sponibilite of a SERVICE can not be indicated on the page of the concerned SERVICES, due to the infinite possibility of combinations of SERVICES. The customeris fully aware of the possibility for the seller to cancel the order not possible, maximally 24 hours before the start date of the service, except if the delay between the command and the beginning of the execution of this service is less than 48 h, in which case this time will be reported at 2: 00. Breach of this warning time, the seller will compensate the customer has 15% of the net amount of service, exclusive AD VALOREM insurance options and taxes concerned.
The customer canRRA cancel his order of SERVICES if it was rejected, 36 h prior to the execution of the service (execution being deemed started the day a 0: 00 in the morning), before 4 p.m. the business day following the issuance of the electronic mail if execution was to begin the day after the date of the issuance of this e-mail.
The seller can decide unilateralement to suspend execution of a SERVICE if he believes technical reasons, security, economic, or any other reason, if he believes need further information on the part of the customer, as long as the said information is not communicated to the seller. the seller can ask a written record of this information to the customer, the suspension may be subject to actual receipt of this Agreement written.
6. RIGHT OF WITHDRAWAL
PRODUCTS: The customer has the right to withdraw from the present controlat about the products without giving reasons within a period of fourteen days...p >
SERVICES: In accordance with the Code of consumption taken in articles L.121 - 18 and following "the right of withdrawal cannot be exercised (...)". to contracts for the supply of goods made according to the specifications of the consumer or clearly personalised (...) ». The customer acknowledges that the implementation of transport by the seller is, as a result of the choice made by the customer on the many operating parameters, the provision of such a good custom within the meaning of article. Therefore, the customer is expressly informed that it cannot, under these provisions, exercise his right of withdrawal on the implementation of an ordered transport. This right cannot be exercised by the customer during the renewal of the registration.
Po withdrawal periodur the purchases of physical products
The withdrawal period expires fourteen (14) calendar days after the day where the customer or a third party other than the carrier and designated by the customer takes physical possession of the good.
If the customer's order covers more than one property and if these goods are delivered separately, the withdrawal period expires fourteen (14) days after the day when the customer or a third party other than the carrier and designated by the CLCUSTOMER, takes physical possession of the last well.
Notification of the right of withdrawal of a physical product purchase
To exercise his right of withdrawal, the customer must notify its decision to withdraw from this agreement by means of a statement by RLAR unambiguous .
Withdrawal of a physical product purchase form template < /.H3 >
The seller gives the consumer the ability to complete and send online model withdrawal form (referred to in annex I of the Directive 83/2011/EU of the European Parliament and of the Council of 25 October 2011 on the rights of consumers) on the Site at https://www.1Fret.com.
< p stythe = "make - size:11px; do - weight:400;" >If the customer uses this option, the seller will send without delay an acknowledgment of the withdrawal on a durable medium.
To ensure that the withdrawal period is respected, the CLIENT must pass its communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.
Efthe retraction of a physical commodity purchase FETs
In the event of withdrawal on the part of the CLIENT of this contract, sells itEUR undertakes to reimburse all payments received from the customer, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, as appropriate, a shipping method other than the least costly method of standard delivery proposed by us) without undue delay and, in any event, no later than fourteen (14) days from the day where we are informed of your decision to withdraw from the contract.
< p style = "do -"size:11px; do - weight:400;" >The seller will refund using the same payment method as the one that the CLIENT will be used for the initial transaction, unless the customer agrees expressly a different way, in any event, the refund will not cause charge for the customer, on the condition that the seller is in the technical possibility of realizing it, otherwise, the refund will be in HVAC voucher on our site for a period of one year.
< p style = "fo"nt - size:11px; do - weight:400;" >The seller may delay the refund until receipt of the property or until the customer has provided proof of shipment of the good, the date being that of the first of these facts.
Modbedridden physical products return
The customer must, without undue delay and, in any event, no later than fourteen (14) days after the communication of its decision to withdraw from this agreement, returngood, to: 10 street of saint theobald, 38080 the ISLE of Germany. The return transport is the responsibility of the customer who will have to choose the way to paratransit, and suitable transport insurance, and will have to pack the product sufficiently so that the customer is reimbursed in the event of loss or damage by the carrier. In no case the liability of the seller may be invoked in case of problems during this transportation.
< p stythe = "make - size:11px; do - weight:400;" >This deadline is met if the customer returns the property before the expiry of the period of 14 days.
< h3 >Physical products return costs
The CLIENT must support the direct costs of returning the goods, the seller put at its disposal the possibility to order him a good prepaid transport whose price varies according to the starting area and report weight-volume of the product.
Status of the physical returned
The responsibility of the customer is engaged only with respect to the depreciation of the property resulting from the handling other than what is necessary to establish the nature, characteristics and the functioning of the goods.
"< h3 style ="width:695px;" >7 PAYMENT
7.1. MEANS OF PAYMENT
The CLIENT can pay its products on the Site in several ways...p >
When he chooses his means of payment, the customer will be redirected to the secure site to proceed to the payment.
< p style = "make - size:11px; do - weight:400;" >The CLIENT guarantees to the seller that he has all the permissions required to use the method of payment chosen.
Contacting his credit card number, the customer authorizes the Bank to the Site to debit the total amount of the order.
The seller will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the payment on the website.
All payment information provided on the Site are transmitted to the Bank of the Site and are not processed on the Site. < /p >
The seller does not collect, does not and does not address the customer's banking details.
The seller does not charge the customer to the fees above costs it supports for the use of the means of payment offered on the Site.
< p style = "make - size:11px; do - weight:400;" >A payment that would be refused a posteriori by the Bank are costs of management of the unpaid € 40, in addition to other fees such be limiting, for example and without interest.
< h3 style = "wi"dth:695px; padding - left:2em;" > 7.2. DATE OF PAYMENT
In case of payment by credit card, the customer's account will be charged as soon as the products and SERVICES order placed on the Site.
When paying by transfer, the order will be posted to the date of receipt of the full amount of the order in the currency indicated in the order, to the account indicated by the seller. It is up to the CLIENT to report the issuance of this transfer when it is validated by his bank. It is up to the customer to the days following the receipt of the transfer to the seller. It is up to the customer to take account of these delays when placing his order, payment delays that may involved a change in prices, deadlines or different dates than requested in the order.
< p style = "make-s"ize:11px; do - weight:400;" >The invoices are payable at reception, said that based on the Services are billed to the command either in arrears. It is up to the customer to select the method of payment from the available payment methods in its Management Interface. Available payment methods can vary from one Service to another. It is up to the customer to read before placing order.
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7. 3. DELAY OR REFUSAL OF PAYMENT
If the bank refuses to charge a card or other means of payment, the customer will have to contact Customer Service in order to pay the order by any other valid payment method.
In case of default or late payment, including partial payment, the customer is liable for penalties due the day after the date limit of settlement and whose interest rate is equal to three times the legal interest rate. Of more, any default or late (even partial) payment of the amounts owed by the customer under the contract, persisting more than (4) four calendar days after notice of default or late payments sent to the Client by e-mail, results in full and without the need for notification or additional remains (a) the immediate payment of all sums due by the customer under the contract, regardless of the planned regulation mode, and (b) the possibility for the seller immediately and without notice to suspend all or part of the Services to the customer (including those that have been resolved), to refuse any new order or renewal of Services, and to terminate, by right, by e-mail, the contract in whole or in part. In case of default or late payment, business customers are beholden to a lump sum for any collection costs from 40 euros, without prejudice to la possibility for the seller to ask, on justification, further compensation when the recovery costs incurred are higher than the amount of the flat-rate allowance.
< h3 style = "width:695px"; >8.PREUVE AND ARCHIVE
Any contract concluded with the CLIENT corresponding to an order for an amount greater than 120 euros TTC will be archived by the seller for a period of ten (10) years in accordance with article L. 134 - 2 of the code of consumption.
< p stythe = "make - size:11px; do - weight:400;" >To access the contract, the customer will be able to apply by e-mail to the address contact@1Fret.com.
The customer acknowledges that the ordering process and the present General Conditions are concluded online and are a 'electronic contract' between the customer and the seller.
< p style = "make - size:11px; do - weight:400;" >The seller agrees to check this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the customer.
Therefore, the customer undertakes, in accordance with the principles governing electronic contracts under the law, to not question the simple contract made it has been electronically archived by the seller.
< p style= "make - size:11px; do - weight:400;" >In case of dispute, the seller will have the opportunity to prove thathis electronic tracking system is reliable and the integrity of the transaction. < h3 style = "width:695px"; >9.TRANSFERT PROPERTY
The seller remains the owner of the goods supplied until their complete payment by the customer.
The provisions above do not impede the transfer to the customer upon receipt by him or by a third party designated by him other than the carrier, risks of loss or damage of the products subject to retention of title, as well as the risk of damage they can cause.
< h3 stYLE = "width:695px"; >10. DELIVERY OF PHYSICAL PRODUCTS
Delivery of the products area
The products can be delivered on the areas served.
It is impossible to place an order for any delivery outside this territory address.
PRODUCTS are shipped in (to the) the address (s) of delivery that the customer specified will (s) during the order process.
Shipping of products < / h3>
Every morning, from Monday to Friday, a status of orders placed online on the Site is established. The seller will process the next day orders placed until the establishment of the State of the cocommands.
time to prepare a command then the invoice, before shipment of the products in stock are listed on the SITE. These delays are exclusive of weekends or holidays.
an e-mail message will be automatically sent to the customer upon shipment of the products, provided that the e-mail address in the registration form is correct.
Deadlines & shipping products
during the order process, the seller tells the CLIENT deadlines and shipping options for the products purchased.
shipping costs are calculated based on the shipping method. The amount of these costs will be due by the customer in addition to the price of the products purchased.
details of deadlines and delivery is detailed on the SITE.
Terms of delivery of products
the parcel will be delivered to the customer against signature and upon presentation of proof of identity, or by delivery sworn. The customer undertakes to check integrity before you accept delivery and refuse content in the event of visible damage. In the case of damage, the customer must inform the carrier refunded within 48 hours and inform by mail elhaves the seller within 48 hours.
In case of absence, a notice can be left left to the Client, in order to allow him to pick up his parcel in his post office.
DELIVERY problems < br / >
The seller offers a carrier has different tariffs are indicative deadlines, and any compensation or a refund will not be required of the CLIENT if a delay not exceeding 30 days after the claim of the customer
< p style = "make - size:11px; do - weight:400;" >In case of return of the goods by the customer, the transport will be under its responsibility, it should keep the tracking information, even in the case or the seller will commercially provided a prepaid voucher.
The customer is informed of the delivery date fixed at the time where he chooses the carrier, at the end of the online ordering process, before to confirm the order.
In the hypothesis where the seller does not deliver the property at the agreed date, the CLIENT directs, through a sustainable communication support to deliver the products within a further period which should be tailored to the circumstances, within a period of 30 days. corresponding to the time that the carrier guarantees the tracking and proof of delivery.
< p style =."make - size:11px; do-weigh"t:400;" > In any event the seller undertakes to deliver the goods within the period of thirty (30) calendar days from the conclusion of the contract, unless the customer informed of the delay, accepts.
< p style = "make - size:11px; do - weight:400;" >If the seller fails to meet his obligation to deliver the goods within the additional time limit, or within the period of thirty (30) calendar days as of the conclusion of the contract, the customer has the right to terminate the contract without compensation nor interests.
The customer can inform the vendor of his decision to terminate the contract by sending a letter registered with notice of receipt to the following address.
The seller will refund, without delay excessive from the receipt of the letter of termination, the customer the total amount paid for the products, taxes and shipping included, using the same payment method used by the CLIENT to buy the PRODUCTS.
The tarp or the tarping the vehicle or the goods so that Assembly or disassembly of the boards and the ranchers are operated by the carrier under its responsibility. The sender, or, as the case may be, the consignee, must implement the necessary means, staff and equipment to help the carrier to execute.
Regarding the units of Transport Intermodal so-called "open top", tarp operations are performed by the sender. The tarping and unloading is the responsibility of the recipient, even in case of upgrade option available to means of unloading, except if they are put only work requires special training or a necessary clear knowledge has the security of the operation.
< h3 stYLE = "width:695px"; >11 packaging of products
PRODUCTS will be packed according to standards of transport in force, in order to ensure maximum protection for products during delivery. Clients must meet the same standards when they return products.
12. WARRANTIES </H3 >
12.1 WARRANTY CONTRACT
The seller guarantees that, in case of purchase on the Site, the product will be free from manufacturing or material, under normal use, for one (1) year from the original date of purchase on the Site. This limited warranty extends only to the original purchaser, is not transferable, excludes all the accessories and is valid only in the country of original purchase.
< p style = "size are:"11px;make - weight:400;" > The seller guaranteed that his insurance policy covers his areas of responsibility and provided to request contact information and this policy to the customer number.
The customer must first contact the seller by e-mail to the address contact@1Fret.com indicating the number of invoice and its coordinates. The seller will contact the customer, which will then return the defective product in its original packaging with all original documents, at his own expense. The seller will inspect the product.
< p stylee = "make - size:11px; do - weight:400;" >If after inspection by the seller and provided that the defect occurs under normal use in the year following the date of original purchase, the product is being defective, the seller will repair the product or replace any product or defective piece by a product or nine piece or repaired. < p style = "make-s"ize:11px; do - weight:400;" >The exchanged product is covered by this warranty for the remainder of the warranty period of the original product.
In the assumption or replacement or repair would be impossible, the seller agrees to refund the price of the product within 30 days of receipt of the returned product and in Exchange for the return of the product by the customer to the following address.
< p stythe = "make - size:11px; do - weight:400;" > The Parties agree that nothing in the contract cannot be interpreted as constituting a mandate, a joint-venture, of a company, a joint venture or a any form other grouping, joint venture or Association. Each party remains completely independent, master of the management of its affairs, and responsible for all of his actions, and assumes only the entire risk related to its activity. < h3 style = "width:695px; padding-lEFT:2em;" >12.2 GUARANTEE OF CONFORMITY
In accordance with the applicable legal provisions, the warranty above does not deprive the CLIENT of the legal warranty provided by the consumer Code and the Civil Code in articles such as described below.
The seller is obliged to deliver a product that meets the contract and is responsible for the defects of conformity existing when issuing. The seller is also the defects resulting from packaging, mounting or installation instructions when it has been to his office by contract or was carried out under his responsibility.
< p style = "make-s"ize:11px; do - weight:400;" >To conform to the contract, the product must be clean to use expected from a similar property, match the description given by the seller on the Site and present the qqualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, including in advertisements and on labels. < s ptyle = "make - size:11px; do - weight:400;" >The photographs are presented for information only and have no contractual value. < p style = "make - size:11px; do - weight:400;" >The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the product.
In the event of lack of conformity, the customer may request the replacement or repair of the product, at its option. However, if the cost of the customer's choice is manifestly disproportionate in the light of the other option, given the value of the product or the significance of the failure, the seller will be able to process a refund, without following the option chosen by the Customer.
"< p style ="make - size:11px; are - weight:400;" >In the assumption or replacement or repair would be impossible, the seller agrees to refund the price of the product within 30 days of receipt of the returned product and in Exchange for the return of the product by the customer to the following address .
12.3 WARRANTY FOR HIDDEN DEFECTS
The seller is bound to the guarantee rate of the defaUTS hidden product sold which render it unfit for the use for which it is intended, or which decrease so that use that the customer would have not acquired it, or not would have given that a lower price, if he had known.
< p stythe = "make - size:11px; do - weight:400;" >This guarantee allows customers who can prove the existence of a latent defect to choose between a refund of the price of the product if it is returned and the repayment of part of its price, if the product is not returned. < p style= "make - size:11px; do - weight:400;" >In the assumption or replacement or repair would be impossible, the seller agrees to refund the price of the product within 30 days of receipt of the returned product and in Exchange for the return of the product by the customer to the following address .
The action resulting from latent defects must be brought by the customer within a period of two (2) years from the discovery of the defect.
< h3 style = "width:695px"; >13. LIABILITY
The seller will be responsible for direct damage caused to the customer for the order or the purchase of SERVICES or products on the Site.
The seller does not control web sites that are directly or indirectly linked to the Site. As a result, it excludes all resporesponsibility in respect of the information that are published. Links to third party web sites are provided for information only and no guarantee is provided as to their content.
< p style = "make - size:11px; do - weight:400;" >THE LIABILITY OF THE SELLER CANNOT IN NO CASE BEING COMMITTED ON THE FOLLOWING FOUNDATIONS :
UTILISATION DES SERVICES NON-CONFORME AUX CONDITIONS PREVUES AU CONTRAT ;
INEXECUTION, DEFAILLANCE, DYSFONCTIONNEMENT OU INDISPONIBILITE DES SERVICES RESULTANT D’UN TIERS (A L’EXCLUSION DES SOUS-TRAITANTS DU VENDEUR), DU CLIENT, D’UN PRODUIT, VEHICULE OU MOYEN DE CHARGEMENT TIERS, OU D’UN MANQUEMENT DU CLIENT A SES OBLIGATIONS, NOTEMMENT EN CE QUI CONCERNE LES POSSIBILITES D'ACCES DES VEHICULES, DES MOYENS DE CHARGEMENT, DE l'ACCESSIBILITE DU POINT DE DECHARGEMENT, DES MOYENS DE DECHARGEMENT ;
DOMMAGES INDIRECTS TELS QUE, NOTAMMENT, PREJUDICE OU TROUBLE COMMERCIAL, PERTE DE COMMANDES, PERTE D’EXPLOITATION, ATTEINTE A L'IMAGE DE MARQUE, PERTE DE BENEFICES OU DE CLIENTS.
INADEQUATION DES SERVICES AUX BESOINS DU CLIENT (NOTAMMENT EU EGARD AUX SPECIFICITE DE DATES , DE TEMS DE TRANSIT? DE TEMPS DE CHARGEMENT ou DE DECHARGEMENT, ET AUX SPECIFICIT2 LEGALES LOCALES OU TRANSITOIRES DES OBLIGATIONS DE TEMPS DE PAUSE DES CHAUFFEURS DE POIDS-LOURDS),
< p style = "make - size:11"px; make - weight:400;" > SECURITY INCIDENTS RELATED TO LOADING AND UNLOADING, ESPECIALLY IN CASE OF LOSS, ALTERATION, DESTRUCTION, DAMAGE DURING ANY SUCH PROCESS. <p >
The subcontractor waives expressly has all conditions contrary to the terms of this detailed as appropriate on its slip or CMR. sales
14. PERSONAL DATA
The seller collects on the Site personal data about its customers, including through cookies. Customers can disable cookies by following the instructions provided by their browser. < /p >
The data collected by the seller is used to process orders placed on the Site, manage the customer's account, analyze orders and fight against credit card fraud and, if the CLIENT has chosen this option, send him letters of canvassing, newsletters, promotional offers and/or information on special sales, unless the customer no longer wish to receive such communications on the part of the seller.
< p style = "make - size:11px; do - weight:400;" >The customer data are kept confidentially by the seller according to his statement made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
< p style = "make - size:11px; do - weight:400;" >CUSTOMERS can tout time to unsubscribe by accessing their account or by clicking on the hyperlink provided down what each offer received by electronic mail.
< p style = "make - size:11px; do - weight:400;" >The data can be communicated, in all or part, to service providers of the seller involved in the process of order.
Commercial purposes, the seller may transfer its business partners the names and contact information of its customers, provided that they have given their prior consent during registration on the Site.
< p style = "make - size:11px; do - weight:400;" >The seller will specifically ask CLIENTS if they wish that their personal data may be disclosed. GUESTS can change your mind at any time on the Site or by contacting the seller.
< p style = "make - size:11px; do - weight:400;" >The seller may also ask customers if they wish to receive commercial solicitations of its partners.
The customer has a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. It can exercise this right by sending an e-mail to the address: contact@1Fret.com or by sending an e-mail .
< p style = "make-s"ize:11px; do - weight:400;" > It is specified that the CLIENT must be able to prove his identity, either by scanning a piece of identity, either by sending a photocopy of his identity to the seller.
< h3 style = "width:695px"; >15. CLAIMS AND DISPUTES
The seller makes available to the customer an "e-mail Client" to the following address: Contact@1Fret.com
Any written claim of the customer shall be sent to the following address.
Case noted by the carrier and that can be attributed to the sender, the means of proof responsibility than this. This way must be explicit, motivated, and detailed by any way: situational picture for example. It is authorized by the customer to sample a product for reasons of security and the end of evidence. The means of evidence must be accompanied by an explanatory essay signed by at least two different people noting the litigation, authorized person, capable and who will have to sign this record by their signatures and their full contact details. as well as their functions. In case of impossibility apparent contact a noting of the dispute, the dispute can be said the responsibility of the customer or of the subcontractor or other third-party asset in service delivery by the seller.
The dispute must then be confirmed in writing by noting it by means of a refunded within 3 working days following the report, the buffer of filing at the counter of postmarked. These reservations must be sent in copy to the carrier concerned, or where appropriate the loader or unloader (in case of dispute during the loading or unloading), as well as to the seller with a copy of the certificate of deposit of the buffered refunded, as well as the perfectly legible copy of the reserve on the delivery note or on the CMR, and all evidence gathered during the finding. In the absence of confirmation of reserves, or breach of document above mentioned, or if information is missing essential juridic speaking, the seller and its subcontractors discharges all of the responsibilities for the disputes concerning the realization of the SERVICE or goods, or any other relative injury has the performance of this service. The customer or the slot is responsible to claim to the seller or to the subcontractor the coordinates of the third party concerned by these reserved within a period allowing him to carry out the shipment within 3 business days, the lack of this information cannot in no case be invoked as handing in case the period of 3 days. The carrier signed a delivery slip or a good of transport for loading and unloading, and coordinates as well as the charger and the unloader are therefore has available to the third CONSTATANTS.
The customer or the slot in fact recognize decisions and the authority of the seller and his insurance policy. < /p >
16. INTELLECTUAL PROPERTY < /.H3 >
All Visual and sound of the website, including the underlying technology used, elements are protected by copyright, trademark and/or patent law.
< p style = "make - size:11px; do - weight:400;" >These elements are the exclusive property of the seller. Anyone who edits a web site and wish to create a direct hyperlink to the Site must seek approval of the seller in writing.
< s ptyle = "make - size:11px; do - weight:400;" >This authorization of the seller shall in no case granted permanently. This link should be removed at the request of the seller.
The hypertext links to the Site that use techniques such as framing (framing) or integration through hyperlinks (in-line linking) are strictly prohibited. < /p >
17. validity of the terms and CONDITIONS
Any changes to legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions does not affect the validity of these terms and conditions. Such change or decision does allow any customers to ignore these terms.
All untreated expressly conditions herein will be governed in accordance with the use of the trade sector to individuals, for companies whose head office is located in France.
< h3 stYLE = "width:695px"; >18. CHANGES TO THE TERMS
These General Conditions apply to all purchases made on the website.
< p style = "make - size:11px; do - weight:400;" >The General Conditions are dated precisely and can be modified and updated by the seller at any time. The applicable General Conditions are those in force at the time of the order.
< p stythe = "make - size:11px; do - weight:400;" >Changes to the terms and conditions will not apply to orders of products and SERVICES already validated.
< h3 style = "width:695px"; >19. ASSIGNMENT OF JURISDICTION AND APPLICABLE LAW
These terms and Conditions and the relationship between the customer and the seller are governed by the french law.
In case of dispute, only the tribunal closest geographically to the headquarters of the seller will be responsible.
20 DATA PROCESSING </H3 >
The Parties undertake to comply with the legal and regulatory provisions in circumstancesur relating to computing, files and freedoms, including the law n ° 78-17 of January 6, 1978, modified by the law n ° 2004-801 of 6 August 2004, as well as the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals physical for the data processing to personal data and the free movement of such data, and repealing the directive 95/46/EC (general regulation on the protection of data), from its date of application. Each party undertakes, regarding the treatment of personal data which it is responsible, to perform the formalities required (declarations, applications, etc.) with the National Committee of Informatics and liberties (CNIL) or any other competent body, and to respect the rights of the persons concerned (including right of information, access, rectification and deletion of data).
< p style= "make - size:11px; do - weight:400;" >
22 compensation SHIPPERS and carriers
It is recalled in the preamble the obligations concerning the execution of SERVICE delivery or the delivery of a product that meets the CLIENT.
It is usually the responsibility of the customer to the seller the accuracy and completeness of the information provided. He is also responsible for answering questions of the seller in a shortest time possible in order to avoid the fact postponement of execution of the SERVICE, such as stipulated in article 5.6
It is the seller and its subcontractor responsibility to put in place appropriate means at the request of the customer according to the information entered during the ordering.
< p> Each change or may involve some costs, including storage and the seasonal variation (from one day to the other) price, the customer is aware all changes after validation (under 6 on the abandonment of the) possibility of withdrawal by the customer) the item in the order by the seller is likely to generate for different periods or different prices.
< p style =."margin:0px 0px 10px; text - align:justify; color: #525151; make - family:Roboto, 'Neue Helvetica', Helvetica, Arial, sans-serif; make - size:14px;" >Delay due to the seller: < p style = "margin:0p"x 0px 10px; text - align:justify; color: #525151; make - family:Roboto, 'Neue Helvetica', Helvetica, Arial, sans-serif; make - size:14px;" > Delay regarding the top loading 12 hours working (schedule of possible loading by charger): no compensation if the delivery date is maintained or is less than 2 days late on the date indicated in the confirmation of order. < p style = "margin:0px 0px 10px; text - align:justify; color: #525151; make - family:Roboto, 'Neue Helvetica', Helvetica, Arial, sans-serif; make - size:14px;" >If the delivery is delayed by more than 2 working days, refund of 10% of the initial value of transport (off duty, options, taxes and insurance). Beyond 5 days, 15%.
Delays because of loading:
Inaccessibility with conventional means (in terms of place but also the floor covering, if predictable public works, in the event of refusal or lack of the charger to schedules and the agreed day): the customer will be proposed an alternative solution. but will if this solution is refused or if the solution is not possible, agree to pay the carrier for the provision of the vehicle and forhis approach to a value up to and including 80% of the cost of total and the vendor will be responsible for the calculation and its explanation to the customer...p >
It is understood that the weight is in relative volume to weight ratio has maximum capacity the vehicle originally supported and which respects the original terms of the information provided by the customer.
If the weight is greater than the expected weight, loading will be done or not at the discretion of the driver, only responsible in case of problem, and so final decision-maker. If loading is divisible, the loading is done until the last divisible fraction before exceeding the weight indicated in the contract. A solution will be proposed to the customer who may or may not accept it. The loss of potentially sudden time to load because of this excess, but also due to a Conventual different distribution of the masses in the vehicle adds to the waiting periods before compensation and penalties of the seller, has maximum of 0.5 days in 2 incrementsbacklog h...p >
Exceeding the expected weight, not detected by the charger and or by the carrier at the time of loading, any fines, fees for fixed asset, the delay and the prejudice suffered by the seller, third parties or the subcontractor will be full responsibility of the customer.
< p style = "margin:0px 0px 10px; text - align:justify; color: #525151; make - family:Roboto, 'Neue Helvetica', Helvetica, Arial, sans-serif; make - size:14px;" >Delays due to the unloading :
Inaccessibility with conventional means (in terms of place but also of the floor covering, if predictable public works, in the event of refusal or lack of the unloader at the times and the day agreed in the contract): the customer will be proposed a solution alternative, but will have to if this solution is rejected or in case of technical impossibility of the solution, agree to pay the carrier for the provision of the vehicle and for his approach and his drive for a value that can go up to 180% of the cost total and the vendor will be responsible for the calculation and its explanation to the customer. For each extra day of conservation of the loadingENT a penalty of storage fees of € 8 per 1 meter floor of the vehicle loaded per hour will be charged and settled by the customer before the representation, increased by the cost of the journey from the place of storage to the final customer delivery site that may indeed be amended. The delivery time for this calculation and in the absence of time on the delivery will be the complete unloading our midnight.
< p style = "my"rgin:0px 0px 10px; text - align:justify; color: #525151; make - family:Roboto, 'Neue Helvetica', Helvetica, Arial, sans-serif; make - size:14px;" >Unloading must be completed according to the contract type it below, in competition what fees of inaccessibility here on apply.
< p style = "margin:0px 0px 10px; text - align:justify; color: #525151; make - family:Roboto, 'Neue Helvetica', Helvetica, Arial, sans-serif; make - size:14px;" >Nature of the goods:
In case of no respect of the nature of the goods, such that specified initially by the customer or in case of no respect of the legislation concerning the goods: the customer is entirely responsible of any fines, penalties, delay, loss of use, asset and this list is limitative all prejudice suffered by the seller or a third party whatsoever and including abroad. The customer is Repe know the specificity bound has possession of his goods and the case of movement inside and outside of the European border. The fact for the carrier to load this goods does not apply to declarative compliance of the customer.
< p style = "margin:0px 0px 10px; text - align:justify; color: #525151; do-family:" "Roboto, 'Neue Helvetica', Helvetica, Arial, sans-serif; make - size:14px;" >
23. CONTRACT TYPE
was the arrival of the vehicle, including UTI on chassis, on the places of loading or unloading or in the waiting area, even if it is outside, the carrier informed the representative of the establishment of loading or unloading his vehicle is available to perform any of these operations. Time of this provision is immediately recorded by the carrier on the tracking form, which is the identification of the vehicle in the sense the < a href = "https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte= LEGITEXT000023086525 & articleid = LEGIARTI000023071193 & dateTexte = & categorieLien = cid"style =" color: #336699; padding - bottom:0px; make - family:arial, FreeSans, without serif; are - size:12.8128px; " > article l. 3222-7 of the code of the ttransportation.
Identification is the starting point of the duration of the provision of the vehicle for loading or unloading.
These times end with the delivery of the documents signed at the carrier: < SPyear >
11.1. for shipments less than three tons: < /sPan >
The total times of availability of the vehicle are maximally: < SPyear >
11.1.1. for less than 100 kilograms less composed twenty package shipments, it is fifteen minutes;
< span style = "do-family"ly:arial, FreeSans, without serif; make - size:12.8128px;" > 11.1.2. For other items, she is thirty minutes.
11.2. for shipments equal or higher than three tons: < SPyear >
11.2.1 od at disposal: < /sPan >
The total times of availability of the vehicle are maximally: < SPyear >
22.214.171.124. for shipments between three and ten tonnes not exceeding 30 cubic metres: < /sPan >
(a) for an hour in the case of appointments respected;
(b) an hour-long thirty during respected time slot or a delay not exceeding 30 minutes in case of appointment;
(c) for two hours in all other cases;
126.96.36.199. for shipments of more than 10 tonnes or higher than thirty cubic meters: < SPyear >
(a) for an hour in the case of appointments respected;
(b) for two hours during respected time slot or a delay not exceeding thirty minutes do in the event of appointment;
(c) for three hours in all other cases.
188.8.131.52. in all cases, when the carrier is in advance, the periods referred to in articles 184.108.40.206. and 220.127.116.11. do not run from the time of appointment or agreed time slot start time.
11.2.2 suspension of capital times: /.span >
If date and / or time slot not respected, provision times not passed at the time of closing of the services of shipping or front desk at are suspended until the time of opening such services first following business day. < br style = "make - family:arial, FreeSans, sans-serif; make - size:12.8128px;" / >In the event of appointment, and / or respected time range, or in the absence of date or time slot, the intended suspension above does not apply.
11.3 exceeded the capital times: < /sPan >
Not attributable to the carrier so fixed durations exceeding, the carrier collects that is causing additional compensation for expensesimmobilization of the vehicle and / or crew charged separately, in accordance with the provisions of article 18 below. If the loading operations began at the end of the times credited pursuant to articles 11.1 and 11.2, he has the right to refuse care without compensation.