PREAMBLE
The company ADB under the trade name "Effet...Mer" is registered at: RCS Quimper, Siret: 442.893.079 and has its headquarters at: Effet...Mer, 7 rue des Boucheries - 29000 Quimper.
The present conditions are concluded between,
on the one hand, the company ADB.
And, on the other hand, the persons wishing to make a purchase via the website of the company ADB "https://www.effet-mer.fr" hereinafter referred to as "the user". The parties agree that their relationship will be governed exclusively by this contract, to the exclusion of any condition previously available on the site. If a condition were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France. The company ADB undertakes to respect all the provisions of the Consumer Code relating to distance selling.
SUBJECT
The present conditions aim to define the terms of sale between the company ADB and the user, from the order to the services, including payment and delivery.
They regulate all the steps necessary to place the order and ensure the follow-up of the order between the contracting parties.
THE ORDER
The user has the possibility to order online from the online catalogue.
The order can only be registered on the site if the user has clearly identified himself by entering his customer code and password, which are strictly personal.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
The company ADB undertakes to honor orders received on the website only within the limits of available stocks of products. If the product is not available, the company ADB undertakes to inform the user.
USE OF THE SITE
We remind you that this Website is intended for consumers only. Purchases made from the Website are intended for your personal use, including for personal gifts, and may not be resold, used in a commercial context, or used to make a commercial profit. Any order implies acceptance of this clause, and ADB cannot be held responsible in the event of non-compliance with this clause.
SALES, PROMOTIONS, END OF SERIES, CREDITS, DISCOUNT CODES AND COMMERCIAL OFFERS
Sales, promotions, end of series, discount codes, or any other commercial offer, proposed by the company ADB to its customers via its website " www.effet-mer.fr ", are valid ONLY and EXCLUSIVELY on the website " www.effet-mer.fr ".
Discount codes must be used during the order process (order summary stage) and cannot be deducted from your order once it has been finalised.
Products in sales, promotions and end-of-series may be subject to a flat processing fee of €6.89.
Credit notes are valid for 365 days.
Dates of sales according to prefectural decree, on the articles indicated and within the limit of available stocks.
COMPLIANCE WITH THE LAW
For any order to another country outside metropolitan France, the user is responsible for the import of the product(s) (customs duty, other local taxes, import duty and import tax...).
Furthermore, certain national laws restrict the import of certain products into the user's country of residence. The latter must therefore find out about the legislation in force locally before ordering on the Site and will be solely responsible for any offences that he/she may commit in the event of infringement of the laws and regulations in force or of good morals, or which are not authorised by virtue of contractual provisions, in particular fraudulent Products (in particular Products constituting concealment or illegal importation for commercial or non-commercial purposes), infringing the rights of a third party, such as counterfeit Products within the meaning of the provisions of the Intellectual Property Code, sold in violation of selective or exclusive distribution networks, or stolen and/or non-compliant with the regulations in force relating to the safety and health of persons applicable to certain products.
DELIVERY
ADB delivers in the delivery area covered by the service of the Post Office (or any other operator).
Colissimo" services are available for orders placed through the ADB website:
* have a customer number,
* - place an order for available, non-bulky items,
The "Colissimo" service is provided by La Poste
The delivery time is taken into account from the moment your parcel is handed over to the Post Office.
METHODS OF PAYMENT
* - online when ordering by credit card:
Carte Bleue, e-cartebleue, Visa, Mastercard.
We do not store our customers' credit card details following payment
* - on delivery :
In this case, the customer must pay the additional costs of cash on delivery in accordance with the rates in force at the time of receipt. The cash on delivery charges correspond in particular to the additional costs of the service providers in the case of payment on delivery. These costs must be paid for all delivery methods. To find out the amount of these charges, please contact customer service by telephone or email.
In certain cases, notably non-payment, incorrect address or other problem, on the user's account, the ADB company reserves the right to block the user's order until the problem is resolved.
* by cheque :
In the case of payment by cheque, it must be issued by a bank domiciled in metropolitan France or Monaco.
The cheque is cashed on receipt of the cheque, after which the order is processed.
The cheque should be sent to the company :
ADB , Service Paiement - Effet...Mer - 7 rue des Boucheries - 29000 QUIMPER
The cheque must be received within a maximum of 10 days, after which the order will be cancelled.
THE RATES
The prices are indicated in euros including all taxes. They take into account the VAT applicable on the day of the order. These prices do not include the processing costs (postage, packaging and preparation of the parcel according to the amounts in force). Any change in the applicable rate may be reflected in the prices of the products. After this date, they may be modified at any time. However, the prices cannot be modified once the customer's order has been placed. Similarly, if one or more taxes or contributions, particularly environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the articles present on the ADB company website and sales documents. The prices of the articles ordered on the site according to the catalogue references (general and specialised) from which they come and the date indicated on the catalogue in question are authentic.
The prices indicated on the site are guaranteed for the duration of the publication and within the limits of available stocks.
RIGHT OF WITHDRAWAL / RETURN / EXCHANGE
All items can be refunded, exchanged or given a credit note. The return must be made within 14 days of the date of receipt or collection of the parcel, with the customer paying the return costs. The customer must request a returns number from their customer account. Once the number has been obtained, it must be clearly marked on the parcel or the parcel will be refused. If the new order is for a higher amount, the user will have to join to the exchange request the payment of the remaining amount. Conversely, if the amount of the exchange is less than the initial amount, the user will receive a refund or a credit note in the form of a code (usable on the site) for the difference. In addition, within seven days, including public holidays, from the date of the order or purchase commitment, the customer has the option of renouncing it by registered letter with acknowledgement of receipt. If this period normally expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
THE GUARANTEES
All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided for in Articles 1641 et seq. of the Civil Code. The user benefits from a guarantee allowing him to return the defective articles delivered in accordance with articles L 211-4 and following of the Consumer Code
* Article L211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
* Article L211-5 of the Consumer Code
To be in conformity with the contract, the goods must :
1. be fit for the purpose for which it is normally intended and, where appropriate :
* correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
* have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2º Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
* Article L211-12 of the Consumer Code
An action arising from a lack of conformity shall be barred after two years from the date of delivery of the goods.
* Article 1641 of the Civil Code
The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
* Article 1648 al 1er code civil
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
SIGNATURE AND EVIDENCE
Any user of the site who does not have a customer number must follow a registration procedure to obtain a customer number. This number is personal. Any loss or forgetfulness must be reported to the services of the company ADB as soon as possible by contacting the Customer Service of the company ADB by filling out the contact form on the site or by calling +33 (0)2 98 95 47 98.
In all cases, the online provision of the credit card number and the final validation of the order will be considered proof of the completeness of the said order in accordance with the provisions of the law of 13 March 2000 and will be considered as the payment of the sums involved in the entry of the items on the order form.
This validation is worth signature and express acceptance of all operations carried out on the site. However, in case of fraudulent use of his credit card, the customer is invited, as soon as this use is noticed, to contact the customer service of the company ADB by calling +33 (0)2 98 95 47 98.
RESPONSIBILITY
The company ADB has for all stages of the order taking as well as for the stages after the conclusion of the contract an obligation of result.
Thus, the company ADB undertakes to describe with the greatest accuracy the products sold on the website of the company ADB. However, the responsibility of the company ADB could not be engaged in the case where the non-performance of its obligations would be attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French Jurisprudence. Similarly, ADB shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.
PERSONAL DATA
The company ADB reserves the right to collect data on the user, including through the use of cookies. The collection of data by the company ADB, responsible for processing, is necessary to take into account the requests of the user. Through the company ADB, you agree to receive by mail commercial proposals from other companies or organizations or be informed of offers from the company ADB. In accordance with the Law of January 6, 1978, the user has a right of access, rectification and opposition of data concerning him: * either directly on the internet in my customer area / I modify my personal details / newsletter of the company ADB.
By indicating to the company ADB, his email the user can receive an order confirmation. Depending on the choice made when creating or consulting his account, the user may receive offers from the company ADB, by mail, phone or SMS as indicated when creating the account. If he does not wish to receive such offers, he may request them at any time either directly on the Internet in "my space/my newsletters" or by mail to the address indicated below. The user is informed that this automated processing of information, in particular the management of e-mail addresses, has been declared to the CNIL under number 1421574 of 30 March 2010. The ADB company uses all means to ensure the confidentiality and security of data transmitted on the web. In this respect, the website uses a secure payment method such as SSL (Secure Socket Layer). As part of the monitoring of the quality and training of our customer service, some calls may be recorded.
INTELLECTUAL PROPERTY
All elements of the ADB - Effet Mer website, whether visual or audio, including the underlying technology, are protected by copyright, trademark or patent.
They are the exclusive property of the company ADB. The user who has a personal website and wishes to place, for personal use, on his site a simple link directly to the homepage of the company ADB - Effet Mer, must request permission from the company ADB.
This will not be an implicit affiliation agreement.
However, any hyperlink to the site of the company ADB - Effet Mer and using the technique of framing or in-line linking is strictly prohibited.
In any case, any link, even tacitly authorized, must be withdrawn on simple request of the company ADB.
INTEGRALITY
In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations or a court decision, this shall in no way affect the validity of and compliance with these general conditions of sale.
DURATION
The present conditions apply throughout the duration of the online services offered by the company ADB.
EVIDENCE
The computerized registers, kept in the computer systems of the company ADB and its partners in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
RETENTION AND ARCHIVING OF TRANSACTIONS
The archiving of order forms and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
APPLICABLE LAW AND JURISDICTION
The present conditions are subject to French law. The competent court in the event of a dispute shall be that of Quimper.
CUSTOMER SERVICE
For any information or questions, our customer service is at your disposal:
+33 (0)2 98 95 47 98
Tuesday to Friday from 10:30 to 12:30 and from 14:00 to 18:30.
address : Effet...Mer - 7 rue des Boucheries - 29000 QUIMPER
form : Customer service
Copyright © ADB 2007 - All rights reserved. All rights reserved.