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The General Terms set out herein are applicable to legal operations in connection with products commercialized by WINSHIP SARL to its clients on WINSHIP SARL's virtual boutique.
For purposes herein, the following words and expressions shall have following meanings:
-Internet Boutique: shall designate WINSHIP SARL's Internet site on which the Products are presented and sold to clients.
-Sales Order: shall designate the sales contract concluded between WINSHIP SARL and the client of WINSHIP SARL's Internet Boutique.
-Product Index Card: shall designate all existing information pertaining to a product furnished by WINSHIP SARL at the time said product is marketed on the Internet Boutique.
-Products: shall designate all goods and services sold by WINSHIP SARL on WINSHIP SARL's Internet Boutique.
-Service(s) shall designate the selling of Products by WINSHIP SARL to clients of WINSHIP SARL's Internet Boutique.
-Transaction shall designate all operations, security obligations, authorizations and agreements in connection with payment of the Product(s) ordered by credit card.
ARTICLE 1 : SUBJECT MATTER
The purpose of the General Terms contained herein is to define the terms and conditions according to which WINSHIP SARL offers and sells Products to its clients.
These General Terms shall prevail over any other terms concerning similar or identical sales transactions contained in any other document, unless previously agreed otherwise between the parties in writing.
ARTICLE 2 : ACCEPTANCE OF TERMS
The client acknowledges having read and approved the present General Terms when establishing the Sales Order. Moreover, the client expressly declares to be in full acceptance of said terms.
The present General Terms shall govern the contractual relationship between WINSHIP SARL and its clients. Both parties fully accept the present General Terms.
ARTICLE 3 : PRODUCTS
The photos that illustrate the Products shall not bear any contractual value. In the event that certain photographical errors occur, WINSHIP SARL shall in no way be held responsible for said errors. The majority of the Products offered by WINSHIP SARL to its clients are immediately available for sale.
ARTICLE 4 : SALES ORDER
The automatic registration systems are considered as proof of the nature, content and date of the Sales Order.
WINSHIP SARL will confirm the clients acceptation of his or her Sales Order by sending a confirmation message to the client's e-mail address (indicated on website). The sale shall be validated upon transmission of the Sales Order confirmation.
WINSHIP SARL shall reserve the right to refuse or cancel any client's Sales Order in the event of:
- Client insolvency
- Non-payment by the client for the corresponding Sales Order or any previous Sales Order
- Any contentious matters in connection with payment for previous Sales Order(s)
The client is exclusively responsible for any information that he or she provides when making the Sales Order. WINSHIP SARL shall in no way be held responsible for any typing errors made by the client as concerns, notably, the recipients shipping address and/or the invoicing address etc., thereby causing delays or total hindrance to ship the Product(s).
ARTICLE 5 : PRODUCT SHIPPING
Once the Sales Order has been confirmed, and subject to full payment of the Product(s) ordered by the client, WINSHIP SARL will ship the Product(s), under WINSHIP SARL responsibility, to the client or recipients address within 8 days workdays. All Products set out in the Sales Order transmitted to WINSHIP SARL are strictly reserved for personal use by the client or the recipient explicitly mentioned under the recipient address information.
If necessary, the client will ensure that all taxes, rights and/or other shipping charges, including the Products themselves, are paid upon receipt of goods; it being understood that WINSHIP SARL shall in no way be held responsible for making said payments.
It is strictly forbidden that the clients or recipients of the Product(s) proceed to resell the Product(s), in part or in full.
The Product(s) will be shipped via Coliposte
Any delays in shipping the Products caused by the shipping company or WINSHIP SARL shall not entitle the client or recipient to claim for damages/financial compensation.
When the Product(s) ordered are received by the client or recipient, the latter shall proceed to check the proper functioning of the goods delivered, as well as read over the instructions manual that is furnished with the goods. When one or more of the ordered products are missing or damaged, the client or recipient have to notify it to the carrier, at the time of the delivery.
In the event of serious or obvious damage, the client shall have the right to return the Product(s) according to the procedure set out in the instruction manual.
For purposes herein, the following cases shall be considered as Fortuitous Acts, hence dispensing WINSHIP SARL from its shipping obligation: war, riots, fire, strikes, accidents and the complete hindrance of supplying the relevant Product(s).
WINSHIP SARL reserves the right to ship the Sales Order to its client in one or more successive segments in the event that all Products ordered are not simultaneously available.
If the client would like the Products to be shipped to 2 different addresses, then said client shall fill out 2 separate Sales Orders accordingly.
ARTICLE 6 : PRODUCT RETURN
The client disposes of 7 days days following the receipt of the Products to return said Products to WINSHIP SARL for exchange or reimbursement. In this case, the Client shall return the new Products, intact and in their original packaging, with all accessories, instruction manuals or other documentation provided with the Products, to the following address:
29 RUE DU DRAGON
75006 PARIS, FRANCE
WINSHIP SARL will reimburse the sums paid by the Client for any returned Products, without any extra costs except shipping return fees. Reimbursement will be made within 14 days at latest.
ARTICLE 7 : PRICES
All prices are quoted in Euros.
The price indicated on the Product Index Card does not include shipping fees
The price indicated in the Sales Order confirmation is the definitive price, including Value Added Tax (VAT) and all other taxes where applicable. The price includes the value of the Products, handling costs, packaging and Product conservation costs as well as shipping and installation costs.
ARTICLE 8 : PAYMENT
The price invoiced to the Client is the price indicated on the Sales Order confirmation sent by WINSHIP SARL.
The Product price is payable by credit card and will be debited on the day the Sales Order is made.
The company FIA-NET shall be entrusted for Transaction protection against fraud due to hackers as well as any payment disputes.
The Sales Order validated by the client shall not be considered effective until the secured bank payment centre as well as the company FIA-NET have given their approval on the Transaction and, if necessary, following acceptance by FIA-NET of any insurance-risk costs to be covered by the latter.
In the event that the secured bank payment centre or the company FIA-NET reject the Transaction, the Sales Order will be automatically cancelled, and the Client will be informed of such refusal by e-mail.
All information pertaining to the Clients Sales Order will be automatically stocked in FIA-NET's database. The goal of such automated database is to define a level of Transaction analysis as well as fight against credit card fraud.
The company FIA-NET and the merchant from which you purchase the goods are the recipient of any data concerning your Sales Order. Data transmission failure concerning your Sales Order will hinder the execution and analysis of your Transaction.
Any unpaid invoices due to credit card fraud shall automatically generate data registration linking your Sales Order to said unpaid invoice in a specific payment incident database created and run by FIA-NET S.A. Any false declarations or anomalies may also be registered in such database.
In accordance with the French law on Information Systems and Liberties dated 6th January 1978, at any given moment, you shall benefit from the right to access, amend and oppose any data concerning yourself by writing to the following address (ID card photocopy required): FIA-NET, Service Informatique et Libertés, 22 rue Drouot, 75009 Paris, France.
ARTICLE 9 : APPLICABLE LAW
French Law shall govern the present General Terms, in all aspects.
ARTICLE 10 : LIABILITY
WINSHIP SARL shall not be held liable for bodily or material damages incurred to any third party resulting from improper functioning or use of the Products. The same applies as concerns any modifications made to the Products by the Product manufacturer. Whatever the case may be, WINSHIP SARL's responsibility shall be strictly limited to the Sales Order price; and WINSHIP SARL shall not be held liable for any trivial errors or omissions despite the precautions made by WINSHIP SARL in handing over the Products.
If any difficulties are encountered in enforcing the present contract, the Client and WINSHIP SARL will attempt to reach a friendly solution before launching any legal procedures.
If no friendly solutions are encountered between the parties, the commercial court of Tribunal de commerce de Nanterre shall have sole jurisdiction in respect of any litigation arising out of this agreement, no matter what the shipping address may be and/or the accepted means of payment.
ARTICLE 11 : GUARANTEES
WINSHIP SARL shall not be held responsible for the failure to respect the laws in the country where the Products are received. The liability of the WINSHIP SARL shall be systematically limited to the value of the Products held liable at the date of sale, and with no possibility for filing claims against the brand name or Product manufacturer.
Whatever the case may be, the Client shall benefit from the legal guarantee on eviction and hidden defects as set out by Articles 1625 onwards of the French Civil Code. The Client may contact this service by telephone by dialling or at the following e-mail address firstname.lastname@example.org.
ARTICLE 12 : LEGAL INFORMATION
Given the present e-commerce context, it is obligatory to provide all nominative information in order to ensure the proper registration and shipping of Products, establishment of invoices and contract guarantees. The lack of any necessary information shall result in the failure to validate the Sales Order.
In accordance with the French law on Informational Services and Liberties, any registration of nominative information concerning clients must give rise to a declaration to be sent to the [French] National Commission on Informational Services and Liberties (CNIL)
The client has the right to access, modify, amend and/or cancel any information concerning said client at the following CNIL office . Moreover, WINSHIP SARL shall refrain from releasing any information on its client to third parties, whether free of charge or in exchange of payment.
Please contact us if you don't find an answer to your question in this section.
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