1.1 PRELIMINARY PARTICULARS
The present site is of free access and free to any Net surfer. It is about selling online accessories, for Android smartphones and tablets.
1.2 ACCEPTANCE OF TERMS AND CONDITIONS
The order on this site implies the acceptance, by the user, of these terms and conditions. The user acknowledges the same fact fully aware. This acceptance will consist in the fact, for the user, to validate the present general conditions of sale and use. This validation of the terms and conditions will have the same value as a signature on the part of the user. The user recognizes the value of evidence of the automatic registration systems of the publisher of the site and, unless he provides evidence to the contrary, he waives the challenge in case of dispute. The acceptance of the present general conditions supposes on the part of the Net surfers that they enjoy the legal capacity necessary for that, or if they have the authorization of a tutor or a curator if they are incapable or their legal representative if they are minors.
2.MODALITIES OF SUBSCRIPTION OF THE ORDERS AND DESCRIPTION OF THE PROCESS OF PURCHASE
The availability of the products is indicated on the site, in the description of each article. In order to place an order, users will be able to select one or more items and add them to their cart. When their order is complete, they can access their basket by clicking on the button provided for this purpose. By consulting their basket, Internet users will be able to check the number and the nature of the items they have chosen and can check their unit price and the overall price of the order. They will be able to remove one or more items from their basket. This summary will also indicate to customers the option they have or not to exercise their right of withdrawal as well as the deadlines applicable thereto. If their order suits them and they wish to validate it, the net surfers will be able to click on the button to validate, they will then access a form in which they will be able to either enter their identifiers of connection if they already possess them, or to register on the site by completing the form presented to them, with the personal information concerning them. As soon as they are connected or after they have completed the form, customers will be invited to check or change their delivery and billing information and will be invited to make their payment by being redirected for this purpose on the interface. secure payment. Once the payment has been received by the publisher of the site, the latter agrees to acknowledge receipt from the customer electronically, within a reasonable time. Similarly and within the same period, the publisher undertakes to send the customer an email summarizing the order and confirming the processing, including all information relating to the order, the products ordered, their delivery, and the conditions for exercising their right of withdrawal.
The prices indicated on the site are understood all taxes included, except expenses of delivery. These prices may be changed at any time by the publisher, the prices shown are valid only on the day of the order and do not have effect for the future. The price applicable to the customer is that in force when ordering. In any case, the delivery costs will be indicated to the customer before any payment. In this respect, it will be up to the customer to contact customer service if the place of delivery is not offered during the ordering process. In case of delivery outside the customs territory of the European Union, the customer is informed that customs duties and other taxes may be due. The necessary formalities and the payment of these rights and taxes are not the responsibility of the publisher and will in any case be the responsibility of the customer. It is therefore the responsibility of the customer to check all these data as well as the possibilities of importing the product from the competent authorities of the country of delivery, before any order.
4. CLAUSE OF RESERVE OF PROPERTY
The sold products remain the property of the publisher until full payment of their price, in accordance with this clause of reservation of property. The risks are transferred to the customer from the delivery.
5. PAYMENT INFORMATION
The user can place an order on this site and pay by Paypal. Credit card payments are made through secure transactions via the Paypal payment platform. In the context of payments by credit card, the publisher of the site has access to any data relating to the means of payment of the user.
The orders of the videos are made available immediately after purchase in the section “my videos” on the website www.howtospa.com, after connection of the customer. Orders for physical products are delivered by Chronopost within 48 hours for delivery in metropolitan France and within 4 to 5 working days for delivery outside metropolitan France from the receipt of the perfect receipt of the price corresponding to the order by l ‘editor. Certain products or order volumes may nevertheless justify a longer delivery time, it will be mentioned expressly to the consumer during the validation of the order. In case of delivery of a package obviously and visibly damaged, incomplete or with damaged objects, it is up to the customer to refuse to enjoy the warranty offered by the carrier. The customer must also inform the customer service without delay, so that a new package is prepared, and shipped upon receipt of the damaged package in return. In this case, the delivery times indicated above in these terms and conditions will no longer be applicable.
Orders are delivered by La Poste within 7 working days of the receipt of the exact price of the order. Certain products or order volumes may nevertheless justify a longer delivery time, it will be expressly mentioned to the consumer during the validation of the order.
6.2 DELIVERY ERROR AND APPROPRIATE VIC
The customer undertakes to check the conformity of the product with his order during the delivery. Any delivery error with respect to the order or apparent defect must be the subject of a complaint within 3 clear days from the delivery. After this period, the product will be deemed accepted by the customer, who can no longer rely on a delivery error or an apparent defect.
6.3 DAMAGE AND PARTIAL LOSS
In the event of delivery of a parcel manifestly and obviously deteriorated, it is up to the customer to refuse it in order to enjoy the guarantee offered by the carrier. The customer must also inform the publisher without delay, so that a new package is prepared, and then shipped upon receipt of the damaged package in return. In this case, the delivery times indicated above in these terms and conditions will no longer apply.
Similarly, any package with damaged or missing products must be refused. Indeed, in accordance with Article L 133-3 of the Commercial Code, the receipt of the transported objects extinguishes any action against the carrier for damage or partial loss if within three days, not including the holidays, which follows that of this receipt, the addressee did not notify the carrier, by registered letter, his reasoned protest. Failing to carry out this formality, the customer can not obtain compensation.
7. PROVISIONS RELATING TO CONSUMER RIGHTS
7.1 CUSTOMER SERVICE
Customer service of the site is accessible from Monday to Friday from 9h00 to 8h00 by the form of contact present on the site, by electronic mail with the following address firstname.lastname@example.org or by mail to the following address: How To Spa, 50 rue Poussin, 75016 Paris France. In the latter two cases, the publisher will endeavor to provide an answer within two working days.
8. LEGAL AND COMMERCIAL WARRANTY OF PRODUCTS PURCHASED ON THIS SITE
8.1 GENERAL INFORMATION
– Legal guarantee:
Regardless of any commercial guarantee that may be granted to the Internet user, the publisher remains bound by the legal warranty for latent defects valid for two years under the conditions set out in Articles 1641 to 1648 of the Civil Code and Article 2232 of the French Civil Code. same code.
In the event of a defect of a product purchased on the site, the customers have, in accordance with the provisions of the civil code of the legal guarantee of latent defects and, in accordance with the provisions of the code of consumption, the legal guarantee of conformity. In order to exercise any of these rights, it is up to them to get closer to the publisher’s customer service. The hidden defect being a defect of the thing which, in normal conditions of use, renders it unfit for the use for which it is intended and the obligation of conformity understood as the delivery of the thing contractually agreed, the publisher of this site is not responsible for the normal wear and tear of the products, the non respect of their instructions for use, the accidental damages or resulting from an abnormal use of the products.
8.2 TERMS OF EXERCISE OF GUARANTEES
If the user’s product proves to be defective during the period of legal or commercial warranty or does not comply with the order, he makes a request for refund or exchange with the customer service who will indicate to him the instructions. The assumption of the expenses of port, related to a return intervening under a guarantee commercial or legal, will be the sole responsibility of the publisher.
9. PERSONAL SPACE
9.1 CREATION OF ESPACE
The creation of a personal space is a prerequisite for any order from a user on this site. To this end, the member will be asked to provide a certain amount of personal information. The member agrees to provide accurate information under penalty of deletion of the customer account. Some information will be essential for the creation of the personal space and the validation of the contract. The refusal by a member to provide the said information will have the effect of preventing the creation of the personal space and, incidentally, the validation of the order.
This space allows the customer or the member to consult all his orders made on the site and to modify his personal information. If the data contained in the personal space section were to disappear as a result of a fortuitous event, a technical breakdown or a case of force majeure, the responsibility of the publisher of the site could not be engaged, this information only informative. The publisher undertakes, however, to keep securely all contractual elements whose retention is required by law or regulation in force. The publisher reserves the exclusive right to delete the account of any member who has contravened these terms and conditions (in particular but without this example being of any exhaustive nature, when the member knowingly provided incorrect information, during his / her registration and constitution of his personal space) or any inactive account for at least one year. Such removal will not be likely to constitute damage for the excluded member who can not claim any compensation for this fact. This exclusion is not exclusive of the possibility for the publisher to take legal action against the member, when the facts have justified.
When creating the personal space, the user is invited to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in his personal space and the surfer thus prohibits to transmit it or to communicate it to a third party. Otherwise, the site can not be held responsible for unauthorized access to a member’s account.
10. EDITOR’S NEWSLETTER
In expressly agreeing to this end, members agree that the publisher may send them, in a form and frequency that it determines, a newsletter (newsletter) which may contain information about his activity and agree to receive commercial offers from the publisher of this site for products similar to those ordered. Members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
11. PROTECTION OF PERSONAL DATA
11.1 GENERAL – PURPOSE – DURATION
These users have the freedom to provide personal information about them. The provision of personal information is not essential for navigation on the site. On the other hand, the registration on this site supposes the collection, by the publisher, of a certain number of personal information concerning the Internet users. Internet users who do not wish to provide the information necessary to create a personal space will not be able to place an order on the site. The collected data are necessary for the good administration of the services offered on the site as well as the respect by the publisher of his contractual obligations. These data are kept by the publisher in this unique quality, and the publisher agrees not to use them in another frame, nor to transmit them to third parties, except express agreement of users or cases provided by law. The details of all users registered on the site are saved for a maximum of six months from the removal of the personal space, reasonable time required for the proper administration of the site and normal use of data. These data are kept under secure conditions, according to the current means of the art, in accordance with the legal provisions in force.
11.2 RIGHT OF ACCESS, CORRECTION AND OPPOSITION
In accordance with the legislation in force, members have the right to oppose, question, access and rectify the data they have provided. To do this, all they have to do is request it from the site editor, by sending it to the following email address: contact (a) howtospa (.) com, or by post to the publisher’s headquarters address. mentioned at the top of these terms and conditions. Personal data collected is subject to computer processing and is exclusively reserved for the publisher of the site.
11.3 IP ADDRESS
In addition, the publisher reserves the right to collect the public Internet Protocol (IP) address of all Internet users. The collection of this IP address will be done anonymously, it will be kept for the same duration as the personal information and will only be intended to allow proper administration of the services offered on the site. The IP address is a series of separate digits of dots for unique identification of a computer on the Internet. The publisher must communicate all personal data relating to a surfer to the Police (on judicial requisition) or to any person (on the order of the judge). The IP address of any computer may be reconciled with the actual identity of the subscriber owned by the ISP (Internet Service Provider).
12. MENTIONS RELATING TO THE COLLECTION OF COOKIES
12.1 GENERAL – FINALITY – DURATION
In order to allow all Internet users an optimal navigation on the present site as well as a better functioning of the different interfaces and applications, the publisher will be able to proceed to the implementation of a cookie on the computer station of the user. This cookie makes it possible to store information relating to the navigation on the site (date, page, hours), as well as any data entered by the Internet users during their visit (search, login, email, password). These cookies are intended to be kept on the user’s computer for a variable duration of up to one month, and may be read and used by the publisher during a subsequent visit of the user on the site.
12.2 OPPOSITION RIGHT TO THE COOKIEL IMPLANTATION
The internet user has the option of blocking, modifying the retention period, or deleting this cookie via the interface of his browser (generally: tools or options / privacy or confidentiality) . In such a case, navigation on this site will not be optimized. If the systematic deactivation of cookies on the user’s browser prevents him from using certain services or features provided by the publisher, this malfunction can not in any case constitute damage for the member who can not claim any compensation from thereby.
12.3 DELETING COOKIES
Internet users also have the option to delete cookies previously present on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such action does not affect their navigation on the site, but the users lose all the benefit of the cookie. In this case, they will have to enter all the information concerning them again.
13. EXEMPTION FROM THE PUBLISHER’S RESPONSIBILITY IN CONNECTION WITH THE EXECUTION OF THIS STATEMENT
In the event of impossibility of access to the site, due to technical or other problems, the customer will not be able to avail himself of damage and can not claim any compensation. The unavailability, even prolonged and without any limitation period, of one or more products, can not be constitutive of a prejudice for the Net surfers and can in no way give rise to the granting of damages and interests on the part of the site or from his publisher. The publisher will in no way be held responsible for the non-performance or improper performance of the contract that may be directly or indirectly attributable to the fact of the customer or a case of force majeure, as defined by the French courts . The visual representations of the products, published on the site, are guaranteed by the publisher as perfectly faithful to the reality, in order to satisfy his obligation of perfect information. However, in the current state of the art, the rendering of these representations in particular in terms of color or shape, can vary substantially from one computer station to another or differ from reality according to the quality of the graphic accessories and the image. screen or according to the resolution of the display.
These variations and differences can not in any case be attributed to the publisher who can in no way be held liable for this fact. The hypertext links on the site may refer to other websites and the responsibility of the publisher of this site can not be engaged if the content of these sites violates the laws in force. Similarly, the responsibility of the publisher of this site can not be engaged if the visit, by the user, of one of these sites, caused him harm.
14. INTELLECTUAL PROPERTY RIGHTS RELATING TO ELEMENTS PUBLISHED ON THIS SITE
All the elements making up this site are protected by intellectual property laws. Internet users therefore recognize that, in the absence of authorization, any total or partial copy and any dissemination or exploitation of one or more of these elements, even if modified, may give rise to legal proceedings against them by the publisher or his heirs. This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter.
15. MODIFICATION OF THE TERMS AND CONDITIONS
These terms and conditions can be modified at any time by the publisher of the site or his representative. The general conditions applicable to the customer are those in force on the day of his order. The publisher is obviously committed to keeping all its old general conditions and to send them to any user who requests it.
16. APPLICABLE LAW AND COMPETENT JURISDICTIONS
These general conditions are subject to the application of Luxembourg law and the jurisdiction of the Luxembourg courts. The language of the contract is French. Any other version of the general conditions available in a foreign language on the site is only informative.
17. APPLICABLE LAW AND COMPETENT JURISDICTIONS THE PRESENT GENERAL CONDITIONS ARE SUBJECT TO THE APPLICATION OF FRENCH LAW AND JURISDICTION EXCLUSIVE TO THE FRENCH JURISDICTIONS.
IN THE EVENT OF A DISPUTE WITH A MERCHANT CLIENT, EXCLUSIVE JURISDICTION SHALL BE ASSIGNED TO THE JURISDICTIONS IN WHICH THE PUBLISHER IS ESTABLISHED.
17.1 FRIENDLY SETTLEMENT OF THE LITIGESS
In spite of any public policy provisions, any disputes that may arise in connection with the execution of these terms and conditions may be submitted to the publisher of the site before any legal action for amicable settlement. It is expressly reminded that requests for an amicable settlement do not suspend the time limits for taking legal action.
If one of the clauses of these general terms and conditions was declared void by a court decision, this nullity can not invalidate all the other clauses, which would continue to have effect.
The fact, for the parties, not to take advantage temporarily or permanently of one or more clauses of the present general conditions, will in no case prevail to invoke the rest of the general conditions.
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