PREAMBULE
The shop on line of the site www.akouavie.com was installation by the company
AKOUAVIE ® Créations which is the operating one of this site.The present
conditions are concluded enters, on the one hand, company AKOUAVIE ® Créations,
registered with the RCS Castres under number 32138702900010 and located with
Castres, Tarn, shopping centre Lameilhé, 81100 Castres hereafter called
AKOUAVIE ® Créations and, on the other hand, the people wishing to
carry out a purchase via Internet site of www.akouavie.com hereafter called "the
user".The parts are appropriate that their relations will be controls exclusively
by this contract, other than any condition beforehand available on the site.If
a condition had suddenly been lacking, it would be considered to be governed
by the uses in force in the sector of the remote sale whose companies have seat
in France.The present general conditions of sale will be validated by the user
by a clic during the ordering.
OBJECT
The present conditions aim at defining the methods of sale between AKOUAVIE ® Créations
and the user, of the order to the services, while placing by the payment and
the delivery.They regulate all the stages necessary to the placing of the order
and ensure the follow-up of this order between the contracting parts.
PRODUCTS
The products concerned with the present general conditions of sale are presented
on the site www.akouavie.com.
The photographs of the products are not contractual.
ORDER
Electronic signature the "double clic" of the user to the title of
the purchase order constitutes an electronic signature which has, between the
parts, the same value as a handwritten signature.
Confirmation of order contractual information will be the subject of a confirmation
sees e-mail at the latest at the time of the delivery or, with the address
indicated by the user within the purchase order.
Any order transmitted to our company is irrevocable for the customer subject
to the application of the time of retractation envisaged below.
TARIFFS
The prices are indicated in euros and are valid only at the dispatch date of
the purchase order by the user.They do not take account of the expenses of
delivery, invoicees in supplement, and indicated before the validation of
the order.
According to the place of delivery, the price will appear in HT or VAT included.When
it applies, the VAT takes into account the rate in force at the day of the
order.Any change of the applicable rate of the VAT will be automatically reflected
on the price of the products of the shop on line.The payment of the totality
of the price must be carried out during the ordering.No moment, the versed
sums could be regarded as down payments or installments.
MODES OF PAYMENT
To regulate his order, the user lays out, with his choice, of the whole of
the modes of payment aimed within the purchase order.The user guarantees
the company AKOUAVIE ® Créations which it has the authorizations
possibly necessary to use the mode of payment chosen by him, during the validation
of the purchase order.Company AKOUAVIE ® Créations 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 nonpayment.Company AKOUAVIE ® Créations
reserves in particular the right to refuse to carry out a delivery or to
deliver an order emanating with a user who would not have regulated completely
or partially a preceding order or with which a litigation of payment would
be in the course of administration.
TRANSFER OF PROPERTY - TRANSFER OF RISKS
The transfer of property of company AKOUAVIE ® Creations to the user, will
be carried out only after complete payment of the price by this last, and this
whatever the produced of the aforesaid delivery date.The risk of loss and deterioration
of the products of company AKOUAVIE ® Créations is ensured by the
latter until delivery of the products.
GUARANTEE OF THE PRODUCTS
In accordance with Article 4 of the decree n78-464 of March 24, 1978, the provisions
of present cannot deprive the user of the legal guarantee which obliges the
professional salesman to guarantee it against all the consequences of the
hidden defects of the sold thing.
RIGHT OF RETRACTATION OF THE PRIVATE INDIVIDUALS
The user has a legal time of 7 working days retractation as from the delivery
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 user.If this
deadline expires one Saturday, one Sunday or a public holiday or been unemployed,
it is extended until the first next working day.In accordance with the law,
the professional customers (commercial and people morals) cannot claim with
this right of retractation.
Any return will have to be announced as a preliminary near the Customer service
of company AKOUAVIE ® Créations:by telephone to the 05 63 59 69
00 (00 33 5 63 59 69 00 since another country that France) of Monday at Friday
of 9h with 12h and 14h with 19h.
The product will have to be turned over in recommended to the following address:AKOUAVIE ® Creations,
shopping centre Lameilhé, 81100 Castrate.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.Very product which will have been damaged,
or whose packing of origin will have been deteriorated, neither will be refunded
nor exchanged.On the assumption of the exercise of the right of retractation,
the user 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 user.In the event of exercise of the right
of retractation, AKOUAVIE ® Créations will make all the efforts
to refund the user within 30 day.The user 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.
RESPONSIBILITY
Company AKOUAVIE ® Créations does not have, for all the stages of
access to the site, of the process of order, the delivery or the posterior
services, that an obligation of means.The responsibility for AKOUAVIE ® Créations
could not be committed for all the disadvantages or damage inherent in the
use of Internet network, in particular a rupture of the service, an intrusion
external or the presence of data-processing virus, or of done everything qualified
of cause beyond control, in accordance with jurisprudence.
PERSONAL INFORMATION
Information which is requested from the user is necessary to the treatment
of its order and could be communicated to the contractual partners of company
AKOUAVIE ® Créations intervening within the framework of the execution
of this order.The user is informed that this automated treatment of information,
in particular the management of the addresses e-mail of the users, was the
one declaration object with the CNIL under the number (in the course of attribution).In
accordance with the law of January 6, 1978, the user has a right of access
and of correction of the data relating to it.This right perhaps exerted by
mail to address AKOUAVIE ® Creations, shopping centre Lameilhé,
81100 Castrate.
INTELLECTUAL PROPERTY
All the elements of the site www.akouavie.com, which they are visual or sound,
including subjacent technology, are protected by the royalty, of the marks
or the patents.They are the exclusive property of company AKOUAVIE ® Créations.
The user who has an Internet site on a purely personal basis and which wishes
to place, for a personal use, on his site a simple bond returning directly
in the banner page of the site www.akouvie.com, must obligatorily request the
authorization of it from company AKOUAVIE ® Créations.It will not
act in this case of an implicit convention of affiliation.On the other hand,
any hypertext link returning to the site www.akouavie.com and using the technique
of the framing or of in-line linking is formally prohibited.
In all the cases, any bond, even tacitly authorized, will have to be withdrawn
on request of company AKOUAVIE ® Créations.
INTEGRALITY
On the assumption that one of the clauses of this contract would be null and
not avenue by a change of legislation, regulation or by a decision of court,
that could not in no case to affect the validity and the respect of these
general conditions of sale.
DURATION
The present conditions apply throughout all setting on line of the services
offered by company AKOUAVIE ® Créations.
PROOF the computerized registers, preserved in the information processing
systems of company AKOUAVIE ® Creations and its partners under reasonable
conditions of safety, will be regarded as the evidence of the communications,
the orders and the payments occurred between the parts.
CONSERVATION AND FILINGS OF the TRANSACTIONS the filing of the purchase orders
and the invoices is carried out on a reliable and durable support so as to
correspond to a faithful and durable copy in accordance with article 1348 of
the civil code.
APPLICABLE LAW AND COMPETENCE the present conditions are subjected to the
French law.The conferring of powers in the event of litigation, and in the
absence of friendly agreement between the parts, is given to the courts of
competent jurisdiction of Toulouse, notwithstanding plurality of defendants
and/or call in guarantee, even for the emergency procedures or the procedures
academies in summary procedure or by request.
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