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The present general conditions of sale govern all the commands
crossed with Je
couds.com
(ci-aprés "Le Vendeur"), All
offers of sale by the Salesman, all the sales and generally speaking
all the reports of the Salesman with his customers, buyers and\or
distributors (below "The buyer"), with regard to the sale by the Salesman of
goods, products, materials, accessories, spare parts or the others
materials (below " Products ") The signing of a command, as well as
her execution, take necessarily membership of the Buyer in the present
general conditions of sale and renunciation of any opposite clauses
being able to appear in his own particular or general conditions of purchase,
as well as all other documents. He cannot be broken the present
General conditions of sale that by agreement express and written by the Salesman. Je
couds.com saves itself the possibility of adapting or of modifying in everything
moment the present general conditions of sale. In case of modification, it
will be applied to every command the general conditions of current sale in
in the daytime of the command.
2.1 - Sales are concluded definitively only after acceptance
express written by the Salesman of the commands of the Buyer, even though
say commands would follow upon offers of sale emitted by the Salesman.
It is the same for any command made verbally by the Buyer,
the recording of the aforesaid command by the Salesman being worth proof of this one,
in particular as regards the type of Product, the quantity, the place and the date
of delivery.
2.2 - No modification of command, additional command or
partial or total cancellation of command will engage the Salesman, so as it
that he accepts it expressly in writing
2.3 - The Salesman is not bound by the offers of sale which he was able to make
with regard to Products held in stock if these Products were sold
enter the moment when the Salesman established his offers of sale and the moment when he has
accepted the commands of the Buyer
3.1 - The indicated prices get (except agreement written specially parts) clear, knocking-off time or warehouses, the cost of packagings and conditionings and, if necessary, of the port, come in addition ,
3.2 - The unitarian price list charged for each of the Products will be the one appearing on the price lists of the Salesman, in the date of its confirmation of command
3.3- A price equal to 0 can appear during the phases of update of the web site. This does not mean that the product is for sale in 0 euro but that that this is not available.
4.1 - The deliveries are operated only according to the available funds unless otherwise agreed express written, the risks are transferred from the delivery to the buyer, whatever is the place of sale (store, lounges, fairs, etc.) In case of home delivery, the sendings travel at the risks and the dangers of the Buyer
4.2 - It is up to the Buyer to cover its responsibility by an insurance against the risks which Products can incur.
4.3 - The acceptance of the Salesman to make the expedition and the secondary operations in the transport results only from it express and written agreement; when the Salesman agrees to make the operations of transport, Products are transported by means of transport chosen by the Salesman at the address indicated by the Buyer furthermore, the Salesman makes the expedition and the secondary operations in the transport, that as representative of the Buyer, in the risks and the dangers of this last one, without that such operations can confer to the Salesman the quality of forwarder or carrier In case of loss, damage or delay, the Buyer will have to act against the carrier
5.1 - The delivery time given by the Salesman have only an indicative value and begin to run only from the date of the definitive acceptance by the Salesman of the command of the Buyer.
5.2 - The possible delays would not know how to authorize the Buyer to cancel his command, to refuse the delivery of Products, to suspend or to delay payments and\or to demand damages or reimbursements of expenses or penalties of delay whatever nature they are
5.3 - The Salesman is freed from the obligation of delivery and more generally his obligations and would not know how to be considered as person in charge of the delays of delivery or of the direct and\or indirect damage which would result from it as a result of the emergence of any coincidences or force majeure, such as indicated in § 11, made by any third including of the Buyer or quite other circumstance having an outside cause and preventing him directly or through his suppliers from answering his obligation
5.4 - The Salesman would not know how to be considered as person in charge of the non compliance by his suppliers of their obligations towards him
6.1 - Without prejudice capacities to be taken towards the carrier, the complaints on the visible vices or on the nonconformity of the commanded Product or to the waybill, must be carried in the knowledge of the Salesman
by registered letter with recorded delivery in 7 days as from the reception of Products. Crossed this time, no general reserve will be accepted.
It will be up to the Buyer to verify Products dices reception and to proceed to the examinations of custom It will be up to him to supply any justification as for the reality of thedefects or the noticed abnormalities. He will have to leave to the Salesman any ease to proceed to the observation of these defects and to carry remedy there. He will abstain from intervening himself or from bringing in a third to this end. For the sold Products there conditioned, the weights and\or measure at first prove delivered quantities
6.2 - Any return of Product has to be the object of a formal agreement between the Salesman and the Buyer.
Every Product returned without this agreement would be held the arrangement of the Buyer and would not give rise to the establishment of credit note.
6.3 - No return of Products will be accepted if they are not accompanied with their complete packaging (packaging, notes, specifications, boxes, holds or otherwise). The Buyer makes as such a commitment to send back Products in the state in which he received them and refrains to modify the aspect in any way, as well as he is indicated to the clause 7 below.
Expenses and risks of return are always chargeable to the Buyer. No return will be accepted
after a time limit of 15 days according to delivery date and subject to the respect by the Buyer of the article 6 1 aforesaid.
6.4 - In the case of visible defect or no accordance of the delivered Products, duly noticed by the Salesman in the conditions planned in the clause 6.1, the Buyer can obtain the free replacement of such products, with the exception of any compensation or of damages.
6.5 - For sales or the provisions of a service end by our Web site : http://www.jecouds.com
The consumer has a time of seven true days to exercise his right of retraction without having to prove motives or to pay of penalties, in the exception, expenses of return self-assuredly of value of the machine responsible for the buyer the time mentioned in the previous short paragraph as from the reception for the possessions or from the acceptance of the offer for the services. When the information planned in the article L 121-19 were not supplied, the time of exercise of the right of shrinkage is carried in three months. However, when the supply of this information intervenes in three months as from the reception of the possessions or the acceptance of the offer, it makes roam the time of seven days mentioned in the first paragraph. When the time of seven days expires one Saturday, one Sunday or a holiday or day off, it is extended until the next first working day.
In the absence of delivery in thirty days following the command, the Buyer.
The Buyer makes expressly a commitment not to distort, in any way, the processes of identification of Products. Also, the Buyer refrains to damage, to undo or to modify in any way, so much the presentation of the packaging and/or in a general way the aspect of Products.
8.1 - Of express convention, the sold Products remain the property of the Salesman up to the complete payment of the price by the Buyer, according to the capacities of the Law number 80-335 of May 12th, 1980 and any subsequent texts.
However, the risks are transferred dices the delivery
8.2 - In case of no payment when due by the Buyer, the Salesman can, without losing any other one of his rights, requiring by registered letter with recorded delivery, the return for expenses and risks of the Buyer of products and goods sold.
The Salesman will can, one-sidedly and at any time make raise inventory of the unpaid Products held, if necessary, by the Buyer. The Buyer authorizes expressly the Salesman to penetrate at the working hours, in all his premises, warehouses or the others, or those whose Buyer would have the custom, to repossess Products held by the Buyer.
The Buyer will support all the expenses of the contentious services, as well as the possible legal and judicial expenses
8.3 - Consequently, the Buyer will be anxious to take any necessary capacities so that the sold Products remain, up to the complete payment of the price, recognizable as the property of the Salesman During all the duration of the clause of Property reserve, the Buyer
their presentation as well makes a commitment not to distort the processes of identification of products and\or as it is indicated to the clause 7 above.
8.4 - If some seizure is made on the Products of the Salesman, the Buyer has to inform, at once, the Salesman about it to allow him to make it opposition for the time
9.1 - The payment is realized during the effective collection of the price, the discount of draft or quite other title creating an obligation to pay not establishing a payment.
9.2 - Any command is payable cash.
9.3 - For sales in the export, payments must be made in the form of irrevocable and confirmed documentary credit
9.4 - Any deterioration of the credit of the Buyer can justify the requirement of guarantees or certain times of payment or a cash settlement or by payable at sight draft or sale against repayment, according to the incurred risks It will be in particular the case if the Salesman considers that a modification in the person of the Buyer has an unfavourable effect on its credit.
9.5- In case of no payment in the date of payability, the Salesman can increase the invoice by rights and without preliminary formal demand, of suspended interests calculated from the maturity date, in the base lending rate of the BANK OF FRANCE, increased of
2 points and in addition, a sum of 46€ H.T . by effect, as fixed costs.
The base lending rate of the BANK OF FRANCE above is the rate such as it will be effective in the day of the maturity date, or in defect, the rate which the BANK OF FRANCE would substitute for its base lending rate.
All the expenses engendered by the claims fallen with the aim of their covering will be reinvoiced to the Buyer on production of the part of the Salesman of the corresponding documentary evidences.
9.6 - The Buyer will not be authorized unless otherwise agreed, to proceed to a some compensation between the price of Products charged and delivered in conformance with the sale and a debt of the Salesman, whatever nature it is.
9.7 - by check :
Your command is then reserved during 7 days. Beyond this time without reception of your check,it will be cancelled.
The command will be treated only in reception of your check and after validation.
For the commands of a minimum 200-€ amount, you can choose the method of payment " 3 times free of charge ".
Your command will be validated in reception of 3 checks and in the collection of the first check. Other checks will be e - by bank card :
9.8 - by credit card :
The payment is made on the banking server secured by our partner Paypal and implies the acceptance of set-up fees correspond to the Commission of the transaction. This implies that no banking information concerning you passes in transit via the site of http: // www.jecouds.com. The credit card payment is thus perfectly secured; your command will so be recorded and validated from the acceptance of the payment by the bank which you will have chosen.
9.9 – By personal credit with our partner Mediatis after acceptance of your file.
In case of disregard of the terms of payment, the sale will be resolved by rights after a formal demand remained fruitless during 15 days.
If a deposit was already poured, it will remain acquired to the Salesman as fixed damages. If no deposit was paid, the Salesman is entitled to demand a definitive fixed equal compensation in 15 % of the sums staying in him due on the resolute sales
In case of events of force major, such as natural disasters, wars, attacks,disturb payment or decision of public authorities, strikes, lockout, fires, explosions, bad weather or quite other event escaping the control of the Salesman, the execution of the obligations of the Salesman will be suspended and if the obstacle becomes definitive, the Salesman reserves the right to resolve one-sidedly any concluded sales. All the Products the delivery of which will so have been partially or totally interrupted must be accepted by the Buyer dices that the Salesman will not be any more prevented from producing, from supplying or from delivering Products
12.1 - The Salesman guarantees Products in the conditions defined for each of the Products on Very products, their packaging or specific documentation put back to the Buyer by the Salesman the Salesman supplies before any command, at request of the Buyer, any specifications relative to the duration of the guarantee of the commanded Products. In any case, the guarantee of the Salesman practices in the conditions below :
12.2 - the guarantee of the Salesman plays only for Products accompanied with the invoice of Products. Also, is excluded from the guarantee of the Salesman any damage caused by a bad installation, an abnormal custom, an maintenance not in compliance with the prescriptions of use supplied by the salesman or resulting from repairs or from modifications brought by the Buyer or others not authorized by the Salesman, a negligence of the Buyer, his agents, employees or any thirds.
12.3 - Within the framework of this guarantee, the Salesman cannot be held his choice, that in the restoration or in the replacement in these workshops of the part of the Product or the Product the imperfection of which must be confirmed by the Salesman with the exception of the repair of quite other damage or damage. In particular, and in not restrictif title, the Salesman would not know how to be considered as person in charge of the material, physical, financial, direct, indirect and\or unpredictable damage, resulting from a latent defect, that he is undergone by the Buyer, his employees agents, employees, customers or all other thirds products having made the item of exchange within the framework of this guarantee remain the property of the Salesman.
12.4 - The normal maintenance services are also excluded from the guarantee of the Salesman such as development or replacement of the stationery of maintenance made on the occasion of these maintenance services and\or as a result of the normal deterioration due to the wear or after the legal duration of the guarantee of the sold product.
Besides, any repair, maintenance or maintenance excluded from the field of application of the guarantee will be the object of a preliminary estimate established by the Salesman if the amount estimated by the repair exceeds 150€.
12.5 - The labor costs of the Salesman and the expedition in conformance with the guarantee of the Salesman stay chargeable to the Salesman.
12.6 - On no account the responsibility of the Salesman would know how to be questioned because of the damage resulting from the assembly or from the defective installation of the realized Products either by subcontractors chosen by the Buyer or by the subcontractors usually working with the Salesman.
12.7 - All the spare parts and the notions are neither taken back, nor exchanged.
13.1 - The reports of the Salesman with the Buyer are governed by the French Law.
13.2 - The express renunciation of the Salesman, during a particular sale, to the advantage of the one some of the capacities of the present general conditions of sale, cannot be interpreted as a renunciation for the aforementioned sale, to the advantage of the other capacities of these conditions nor as a renunciation to the advantage of the aforementioned arrangement or of all the capacities of the present general conditions of sale, for any later sale, concluded with the concerned Buyer.
13.3 - II is attributed exclusive competence for all the disputes which would rise on the occasion of the commercial reports of the Salesman with his Buyers, to the County court of Strasbourg ruling in Commercial Chamber whatever the place of delivery, the accepted method of payment and in case of call in guarantee or of plurality of the defendants.
Je
couds.com makes a commitment not to communicate, on no account, the address and phone number of his customers with a third. This name specific information is indispensable to the on-line sale at distance, in particular, for the issuing of invoices, the treatment and the expedition of the commands of his customers. For information and according to the law " Computing and Freedom " the data processing customers was the object of a statement with CNIL (National Commission of the computing and the Liberties) and according to the article 34 of the law of January 6th, 1978, the customer has a right of access, modification or abolition of the data which concerns him with "contact@jecouds.com".
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