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General Terms and Conditions
By connecting to the website www.wax-seal.net, the customer agrees to accept the General Terms and Conditions in full.The General Conditions are applicable to all orders placed with Dominique CHAINE, Engraver. All business with Dominique CHAINE, Engraver will be governed by the General Terms and Conditions. This contract is governed exclusively by French law. All disputes or litigation shall be settled by the competent court of Marseilles, France, the headquarters of Dominique CHAINE, Engraver.
A. GENERAL PROVISIONS :
The website www.wax-seal.net (defined as « the site ») was conceived by Dominique CHAINE, Engraver. All rights, title and interest in the site are the exclusive property of Dominique CHAINE, Engraver. All copying and/or downloading of the site, either in part or in its entirety, is prohibited unless expressly authorized by written prior permission from Dominique CHAINE, Engraver.
B. PROVISIONS CONCERNING THE PLACEMENT OF ORDERS AND CONCLUSION OF CONTRACTS :
Article 1. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The Customer, by completing and confirming his order on the site and clicking on the button “confirm the order”, agrees to completely accept the General Terms and Conditions. All contracts thus concluded will be governed by the General Terms and Conditions.
Article 2. ORDER CONFIRMATION AND CONCLUSION OF CONTRACTS
The commercial proposition for sale of products on the site of Dominique CHAINE, Engraver has no contractual character : the offer is not considered to be legally binding or permanent. The conclusion of a contract or of an order will only be completed after payment validation and confirmation of the order by Dominique CHAINE, Engraver. Dominique CHAINE, Engraver will confirm the order to the customer by way of e-mail. The confirmation or, if need be, the refusal of the order’s acceptance, will be communicated to the customer a maximum of 72 hours following reception of the order. Dominique CHAINE, Engraver reserves the right to not register payment and thus to not confirm an order for any reason : in particular, a problem supplying the products, a problem with a received order, or a forseeable problem with the delivery. Once the order is confirmed by both parties, the customer cannot cancel it for any reason unless the total payment amount shown in the order confirmation exceeds by 5% the total payment amount shown on the site. In that case, the customer may cancel his order by fax at +33 (0)4 91 54 23 88 within 3 hours of receipt of the confirmation sent by Dominique CHAINE, Engraver.
Article 3. OBLIGATIONS OF THE PARTIES
3.1 Obligations of Dominique CHAINE, Engraver : Should Dominique CHAINE, Engraver accept an order and the payment of this order be completed, Dominique CHAINE, Engraver agrees to have the merchandise delivered using its own designated carrier, no later than 2 working days after acceptance of the order. Likewise, Dominique CHAINE, Engraver agrees to transfer the merchandise to the carrier no later than 2 business days following the acceptance of the order.
3.2 Obligations of the customer :
The customer agrees to indicate on his order form an address at which delivery can be made during business hours. He also agrees to pay the price indicated for the services provided by Dominique CHAINE, Engraver (price of the merchandise and transportation). He also agrees to pay, or to have paid, the forwarding agent or carrier : customs duties, value-added taxes, or any other taxes due upon importation into the destination country. In the latter case, the customer agrees to accept the General Terms and Conditions on behalf of the recipient, who will, in this context, be considered the “customer”.
Article 4. SPECIFIC PROVISIONS
4.1 Prices, customs duties, value-added taxes :
The price indicated in the order confirmation sent by Dominique CHAINE, Engraver is the final price. It includes the price of the products, handling fees, packaging, storage and transportation, as well as the taxes for exportation outside of France. The price is expressed in Euros, any amounts shown in other currencies being given only for estimation purposes.
4.1.1 Recipients in the European Union :
When not otherwise shown, this price includes all French taxes. Thus, no customs duties or value added taxes shall be due for deliveries in the European Union.
4.1.2 Recipients outside the European Union :
The recipient or the person signing for receipt of the merchandise agrees to immediately pay the carrier the possible customs duties and various taxes that the carrier may have advanced on behalf of the customer.
4.2 Payment and invoicing :
Payments will be accepted by bank credit card. The debit of the customer’s account will take place in Euros, upon acceptance of the contract by Dominique CHAINE, Engraver. An invoice can be established by Dominique CHAINE, Engraver, at the customer’s request, who must indicate the address to which the invoice should be sent.
4.3 Transportation, delivery and delivery time :
The products will be send to the address indicated on the order form, within a period of one to nine business days after the order confirmation, unless the payment is rendered invalid for any reason. The delivery time periods are given only for estimation purposes and vary according to the country of delivery. Dominique CHAINE, Engraver will not be held liable for exceeding the delivery time periods shown on the site or on the delivery confirmation sent by the site. Should the recipient be absent and there be no one else able to receive the package, the carrier will leave a delivery notice at the delivery address indicated by the customer, requesting him to contact the carrier for either another delivery attempt (with a maximum of 3 delivery attempts) or for pick-up of the package at a location indicated by the carrier. Dominique CHAINE, Engraver will in no case be held liable for should the merchandise not be picked up or be picked up late from the carrier.
4.4 Transfer of risk :
The tranfer of risk of the products occurs when they are given to the carrier by Dominique CHAINE, Engraver. Thus, the merchandise travels at the customer’s risk.
4.5 Qualification upon receipt – No returns –
Limited rights to reimbursements and replacements :
The customer may only make a claim upon delivery if the products delivered do not correspond quantitatively to those ordered, or if the packaging shows signs of severe damage.
All claims must be filed with the carrier, in writing on the delivery slip, at the moment of receipt of the merchandise. A copy of this claim must be sent to Dominique CHAINE, Engraver either by fax or by e-mail, no later than 12 hours after observation of the problem. Along with the claim, the customer must also furnish the carrier’s confirmation of the validity of the customer’s claim. No return of the products will be accepted. If it is shown that the above procedure is respected, and thus, it is proven that the claims are a result of severe damage to the package and products, Dominique CHAINE, Engraver will, at the customer’s choice, either reimburse the customer the price paid or will make a new delivery of similar products.
If the delivery does not correspond quantitatively to the order, Dominique CHAINE, Engraver will only reimburse the difference between the price of the products ordered and those delivered, should there be any missing products.
Article 5. INVALIDITY-ACTS OF GOD-APPLICABLE LAW-COMPETENT COURTS
Should any of the General Terms and Conditions be declared inapplicable or invalid for any reason, the invalidated portion will not affect the application or validity of the other General Terms and Conditions. Neither Dominique CHAINE, Engraver nor the customer will be held liable for not fulfilling the terms of the contract in the event of an Act of God, including, but not limited to the following : a change in legislation, war, riot, political uprising, transportation disruption, strike, importation or exportation problems, lock-out, shortage of stock, fire, earthquake, storms, flood.
This document has been translated from the original French version for guidance purposes only. Any questions regarding its interpretation shall be settled by the original document. The above General Terms and Conditions are governed exclusively by French law. All litigations or disputes shall be brought before the competent court of Marseilles, France.
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Dominique CHAINE French Engraving Manufacturer Artisan - 13 rue Francis Davso 13001 Marseilles - France - Tel number: +33.491330820 Fax number: +33.491542388
Siret: 330 067 166 000 18 Intra-Community VAT number : FR96330067166 contact@wax-seal.net
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