Enter
The company Gallic Scarab3ee
Molière
12500 Castelnau of mandailles
SIRET: 43752497800024
and
the customer
so after named “the parts”.
The company Scarab3ee GauloisLa Molière12500 Castelnau of mandailles
Preamble
The company Gallic Scarab3ee sells its remote products by postal or electronic mail and in wholesale canvassing. The company Gallic Scarab3ee does not have a store.
Capacity to be contracted
The purchase of a product being on Internet site or the catalogues papers of the company Gallic Scarab3ee not being an act of management of the daily life, for respect of article 1124 of the civil code, any customer of the company Gallic Scarab3ee states to have the capacity to contract in the conditions described hereafter, i.e. to be a émancipé minor or to have the legal majority and not to be protected within the meaning of article 488 from the civil code.
Acceptance of the customer
The fact for the customer of confirming his order automatically involves express acceptance of these general terms of sale by this one which admits having a perfect knowledge of it. These conditions apply other than all other conditions, except agreements written signed by the parts. The purchase by email or postal mail also implies the acceptance of present. They can be sent by email or postal mail on request.
Modification of the general terms of sale
the present conditions are modifiable constantly, the customer is thus invited to read them regularly. The orders are thus controls by the general terms at the date of the order.
Characteristics of the products
The technical informations and commercial being reproduced on the cards information produced are provided by the company Gallic Scarab3ee.
While taking the greatest care to the update of information and the available data, the company Gallic Scarab3ee could not be held responsible for the inaccuracies, errors or omissions which would have possibly slipped into the description of the products which will have been communicated to him by the manufacturer. It thus belongs to the customer to carry out any checking and to ask any confirmation which it will consider useful. Consequently, in the event of damage caused with a person or a good by a defect of the product, only the responsibility for the producer of this one could be required by the consumer, on the basis of information being reproduced on the packing of the product.
In addition, the company Gallic Scarab3ee could not be held responsible for the typographical errors appearing in the text independently of its will.
In the same way, the photographs and graphics of the catalogue paper illustrating, in support of the text, the products are only indicative and do not enter the contractual field, they thus engage by no means the company Gallic Scarab3ee which could not be held for person in charge of the inaccuracies or of the errors which would be possibly introduced there.
Price
See the tariff scales attached. The prices are indicated in euro in including all taxes and except costs carriage. Going rates with the order.
The tariffs of the suppliers of the company being in constant evolution, the posted prices are likely to be modified constantly. They are also likely to vary due to price of promotions or balances. You will be informed by it in advance. All the prices are given subject to manifest typographical error.
Tax on the Added-value
Applicable VAT: 19,6%.
Customs
There are no customs duties for the products delivered in France or in the European Community. For the other countries, customs taxes can possibly be exigible. It is to the customer to contact the customs services of its country to make a customs statement if necessary. The company Gallic Scarab3ee will not be able to in no case to be held for person in charge of a possible overcost related to these customs taxes.
For recall, the DOM TOM are considered except European Union and thus subjected to the passage in customs.
Carriage costs
The carriage costs are invoicees according to the weight and/or of the number of the dispatched articles and the country of delivery.
Order
We do not impose any minimum of order to you. The customer can place to order near the company Gallic Scarab3ee by email, postal mail, Fax or telephone.
When the customer places his order, it filled him even its coordinates in a suitable form. The customer is invited to read again his form before sending his order. The company Gallic Scarab3ee is not responsible for the errors of sending of email nor of the errors of sending of the parcels due to a form badly filled.
The customers before must any order, to make to a request for opening of account near the company Gallic Scarab3ee.
Cancellation
Any customer can constantly cancel his order by telephone, e-mail or postal mail, unless it was not already dispatched. In such case, and if the customer does not wish any more the products that it ordered, it must refuse the parcel with his reception, i.e. return it without opening it with the mention “parcel refused”. The carriage costs will remain with the load of the customer.
Availability of the products
The company Gallic Scarab3ee works, according to the products, on the basis of stock in flow tended with its suppliers or special order.
Most of the articles are not stored in our reserves, we have mainly the best sales in stock, our offer is then conditioned with the availability of the articles in the suppliers. The possible stock shortages could not consequently be to us charged. At the time of the reception of the goods by the customer with the invoice, if it there with remainders, a card “remainders” will be united with the dates of availability. All the remainders will be dispatched as of reception in free port for orders Internet. On the other hand for the paid articles but in final rupture, one to have will be granted to the customers in the form of a code “given” to deduce from the next purchase.
Deadlines from 1 to 6 weeks is to be envisaged for the delivery of the articles following the orders in our suppliers (the times can be lower or higher). For the articles in stock in our warehouse, the order will be carried out at the latest within 15 day following the validation of the payment by our bank.
If the company Gallic Scarab3ee cannot obtain a product on behalf of its suppliers, it will notify it to the customer by email, postal or by telephone. This last will be able to then choose to cancel its order on the basis of this new information. No penalty of cancellation will be applied for such a cancellation of order.
Payment
The payments can be carried out by cheque, mandate (France only), draft or even by bank card on Internet site. The customer guarantees to the company Gallic Scarab3ee that it has the possible authorizations necessary to use the method of payment chosen by him.
For the foreign countries, only the payments by credit transfer or CB are accepted.
delay or non-payment
In the event of delay or non-payment, the company Gallic Scarab3ee will be able to suspend all the pending orders. Any sum not paid at the limit being reproduced on the invoice automatically involves as of the day following the date of payment related to the aforementioned invoice the application of penalties of an amount equal to once and half the legal rate of interest. This rate is equal to the interest rate applied by Central Bank Européenne to her most recent operation of refinancing raised of 7 points of percentage. The late penalties are exigible without a recall being necessary.
Reserve property
The company Gallic Scarab3ee remains owner of the goods delivered until their complete payment by the customer. The provisions above do not make obstacle, as of the delivery of the goods, with the transfer to the customer of the risks of loss or deterioration of the goods subjected to reserve of property as of the damage which they could cause.
Invoice
The purchase order which the customer establishes is not worth invoice.
Whatever the means of order and the mode of payment, the customer receives his invoice during the delivery, in his parcel. The company Gallic Scarab3ee keeps a specimen of each invoice.
Time of preparation
The orders placed by email, postal mail and telephone are raised of Monday at Saturday and consequently the company treats in one day the orders of the day before. The customer must in theory count several days of preparation (treatment of the order, invoicing, preparation of the products, packing) before forwarding for a product which the company has in stock.
Time of transport
The company Gallic Scarab3ee informs the customer who the announced times are those which are given to him by the post office and the conveyor. She does nothing but transmit them to the customer as an indication. Nonthe respect of these times by the post office or the conveyor cannot thus in no case to engage the responsibility for the company Gallic Scarab3ee. These deadlines do not include/understand Sundays and bank holidays.
Delivery period
If the company Gallic Scarab3ee has the product in stock, the delivery period is equal to the time of preparation of the order added with the time of transport. If the company Gallic Scarab3ee does not have the product, must be added to the time of preparation and the time of transport time that the product arrives in the stock of the company. Since the deadlines initial announced will be exceeded, a new time will be communicated to the customer, function of the data known by the company Gallic Scarab3ee. In all the cases, a proposal of cancellation and/or a refunding will be also made to him.
The delivery periods are given as an indication, nonthe respect of these deadlines cannot thus in no case to engage the responsibility for the company Gallic Scarab3ee.
Legal guarantee
In accordance with article 4 of the decree n°78-464 of March 24, 1978, the provisions of present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the latent defects of the sold thing. The customer profits from the legal guarantee described with the L211-1 article of the code of the consumption which takes again articles 1641 to 1648 of the civil code. For recall, this guarantee is due by the salesman under 4 conditions:
- that the defect of the product is hidden,
- that it is former to the conclusion of the sale contract,
- that it is important so much so that the customer would not have bought it where would have offered some a less price,
- that the proceedings are brought within short times starting from the discovery of the defect.
Responsibility
The company Gallic Scarab3ee is released from its obligations of delivery in the event of major force.
The company Gallic Scarab3ee declines any responsibility as for the diverted use or the misuse of the products which the customer ordered.
If the responsibility for the company Gallic Scarab3ee were to be retained following the inexecution or of the bad execution of its services, the total of the allowances could not, convention express, to exceed an amount equal to the price of the product which is at the origin of the damage.
The company Gallic Scarab3ee expressly reserves the right, constantly, to add new products, to remove whole or part of the market products or presented on the catalogues, to change their presentation or to cease their marketing, and that, without it being forced to warn the customer as a preliminary of it.
Applicable law
The present general terms are subjected to the French law. It is thus for the rules of funds as for the rules of form. In the event of litigation or of complaint, the consumer will address in priority to the company Gallic Scarab3ee to obtain a friendly solution. Any dispute as for the validity, the interpretation or the execution of this contract will be subjected to the exclusive competence of the court of Rodez. The company Gallic Scarab3ee reserving however faculty to seize any other court of jurisdiction.
FORWARDINGS AND RETURNS
January 2008
Forwarding
The company Gallic Scarab3ee reserves the right to proceed to a forwarding total or partial products. Forwarding in only once of the articles for the same order is the solution adopted in priority.
Remainders
At the time of the reception of the goods by the customer with the invoice, if it there with remainders, a card “remainders” will be united with the dates of availability. All the remainders will be dispatched as of reception in free port for orders Internet. On the other hand for the paid articles but in final rupture, one to have will be granted to the customers in the form of a code “given” to deduce from the next purchase.
Follow-up of the parcel
For the sendings by La Poste or conveyor, following the order placed by the customer, an email or phone call of confirmation of sending will be carried out mentioning the number of the parcel which was dispatched.
Thanks to this number, the customer can follow his parcel on Internet site of the Post office: www.colisposte.fr.
The follow-up of the parcel depends on the conveyor and is under his responsibility. The company Gallic Scarab3ee is not responsible for the errors which could be on Internet site of the conveyor, nor of the bugs which could block the possibility which is offered to the customer to follow his parcel on the site of the conveyor.
Transport
The company Gallic Scarab3ee works with La Poste and a local conveyor (Transport Touzard 12500 Espalion).
Our sendings are done for France in Colissimo (La Poste) or by conveyor according to the weight and/or of the number of the articles. For the sendings by La Poste, the follow-up of the parcels is possible on www.colisposte.fr.
For Overseas, our sendings are done in Colissimo (La Poste) with also a follow-up of the possible parcel on www.colisposte.fr.
For the international one, our sendings are done in Postexport or colissimo according to the weight.
Delivery
The company Gallic Scarab3ee delivers in France and in the rest of the world.
Place of delivery
The products are delivered by defect to the address of delivery indicated by the customer on the purchase order.
If the address of delivery would be different from the bill-to-address, the customer indicates on the purchase order both address and the parcel is delivered to the address of delivery specified.
Absence the day of the delivery
For the sendings in Colissimo (recommended or packing colissimo) the post office will leave a transit advice note in the letter-box of the customer, inviting this last to contact La Poste nearest to its residence. If the delivery is carried out by conveyor, this one will leave you a transit advice note with its coordinates in order to be appropriate one day of delivery.
Delay of delivery
It is possible that a parcel does not arrive in the times guaranteed by La Poste or the conveyor. In this case, the customer must contact in priority his post office or the conveyor (Touzard transport in Espalion 12500). If the delay is very important, the customer can contact the company Gallic Scarab3ee in order to make open an investigation for the localization of the parcel.
Loss of parcel
The company Gallic Scarab3ee is obliged to respect the times imposed by La Poste or the conveyor concerning the declaration of loss and the refunding of the sending. In fact, the customer is also held by these deadlines:
- it has times maximum 10 working days as from the reception of e-mail or phone call of confirmation of forwarding of its parcel to declare this one lost near the company Gallic Scarab3ee Beyond this time, no complaint will not be taken into account.
- In addition, if the customer declared well his parcel lost within the time above, the company Gallic Scarab3ee deals with making open a file of complaint. Within this framework, it is thus possible that she asks to the customer required documents with the constitution of this file.
- The definitive answers concerning the investigations are given by La Poste or the varying conveyor under times from one to three weeks. The answer can be of two types: either the parcel is found and it is then returned to the customer according to the normal procedure, or the parcel is declared lost by La Poste or the conveyor and the company Gallic Scarab3ee into formless the customer and carries out refunding (invoiced amount) or carries out a second sending with the choice of the customer.
Reception of the parcel
For the sendings in Colissimo (recommended or packing colissimo) or by conveyor, the parcels are given against signature. Very produced delivered must be the subject of a control and possible reserves on the form of the conveyor in the event of partial or total deterioration but also in the event of products missing compared to the delivery order. The consumer will have in parallel to confirm this anomaly while addressing with the Post office or to the conveyor in the two business days following the delivery date a mail recommended with acknowledgement of delivery exposing the aforementioned complaints. The consumer will have to transmit a copy of this mail to: Gallic Scarab3ee the molière 12500 Castelnau de Mandailles. Without reserves, the product is considered delivered in good state and could be the subject of no later dispute. Any parcel not claimed and restored with the company Gallic Scarab3ee could be reforwarded with the expenses of the recipient.
Error of delivery
With reception of the parcel by the customer, this one must formulate by telephone, email or postal near the company Gallic Scarab3ee any complaint of nonconformity of the products in kind, in quality or quantity compared to the indications being reproduced on the invoice. Any complaint of nonconformity not carried out in the rules defined above and the time limits could not be taken into account and will release the company Gallic Scarab3ee of any responsibility with respect to the customer.
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