General terms of Sale
Art.1 - Object
The present general terms of sale have as an aim, on the one hand, to inform any purchaser on the conditions and methods in which Technic Ongle carries out the sale and the delivery of the ordered products and, on the other hand, to define the rights and obligations of the parts within the framework of the product sales by Technic Ongle to its customer. They apply, without restriction nor reserves, with the whole of the sales, the offered products by Technic Ongle in its Internet site www.technicongle.com
Consequently, the fact for any person of ordering an offered product with the sale on Internet site of Technic Ongle carries acceptance full and whole these general terms of sale, whose purchaser admits having taken knowledge before his order.
Technic Ongle reserves the right to constantly modify the present general terms of sale.
Article 2 - Prices
The selling prices of the products on line on Internet site of Technic Ongle, indicated in euros, are those in force at the time of the making of its order by the purchaser. They do not include/understand the expenses of packing and forwarding, invoicees in supplement of the price of the bought products. The expenses of packing and forwarding will appear on the invoice, before the validation of the order by the purchaser.
The prices get along excluding VAT applicable to the day of the order. The selling prices of the products can be modified by Technic Ongle constantly.
Article 3 - Characteristics of the products
In accordance with the article L. 111-1 of the code of consumption, the purchaser can, before his order, to take note, on Internet site of Technic Ongle, of the essential characteristics of the product (S) which it wishes to order.
The purchaser selects one or more products among the various categories suggested on Internet site of Technic Ongle.
The offers presented by Technic Ongle are valid within the limit of stocks available. For the products not stored in its warehouses, the offers presented by Technic Ongle are valid subject to availabilities in its suppliers.
The photographs, graphics and descriptions of the offered products to the sale are only indicative and engage Technic Ongle by no means. If a supplier would modify a product, the chart of this one could not engage the responsibility for Technic Ongle, nor to even affect the validity of the sale.
Article 4 - Order
Any order supposes adhesion without restriction nor reserve on the present general terms of sale.
From the moment when the customer validated his order, he is considered having accepted with full knowledge of the facts and without reserve the present general terms of sale, the prices, volumes and quantities of the offered products to the sale and ordered. However, the purchaser can cancel his order during the hour following his validation by calling Technic Ongle directly.
The ordering of the purchaser will have to be confirmed by Technic Ongle by email. The sale will be regarded as final only after the sending with the purchaser of this confirmation of order per Technic Ongle and cashing by this one of the entirety of the price.
Technic Ongle recommends to the purchaser to preserve the contained informations in the confirmation of order sent by it on a paper document or data processing.
Article 5 - Payment
The payment must be carried out during the ordering on line by the purchaser. No moment, the versed sums could be regarded as down payments or installments. All the orders are payable in euros.
To regulate his order, the purchaser has the following methods of payment: bank card, cheque or draft before forwarding, against-refunding with the deliveryman with reception of the goods. The bank cards accepted on Internet site Technic Ongle are the following ones: Credit card, Visa, and MasterCard (PAYPAL).
The purchaser guarantees to Technic Ongle which it has the authorizations necessary to use the method of payment that it will have chosen, during the validation of its order.
Technic Ongle reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum which would be due by the purchaser, in the event of incident of payment, or fraud or attempt at fraud relating to the use of Internet site of Technic Ongle.
Penalties of an amount equal to the raised legal interest rate of five points are applicable full to the unpaid amounts at the conclusion of a ten days deadline following the date of invoicing or as of notification of the banking rejection of payment for any other means of payment. The delivery of all new order could be suspended in the event of delay of payment of a preceding order and this notwithstanding the provisions of present.
Technic Ongle reserves the right to require a photocopy of the indentity card and/or bank card (recto only) of the purchaser for any credit card payment. For the higher amounts with 150.00 € including all taxes, Technic Ongle reserves the right to ask a certified photocopy of an identity paper.
Within the framework of the fight against the frauds on Internet, the relative informations with your order could be transmitted to any third for checking.
Article 6 - Choice of the products
The purchaser having taken knowledge of the products and their characteristics, marketed by Technic Ongle, has under his only responsibility and according to its needs such as they beforehand determined them before any order, chosen the products being the subject of its order. Moreover, the purchaser knowing only the products which it has and uses, is only judge of the compatibility of the products ordered with those which it uses. It exclusively belongs to the purchaser, if it is not estimated sufficiently qualified, to be made assist of a council.
Article 7 - Liraison and reception of the goods
The products will be delivered to the address and the name indicated by the purchaser. The invoices are printable, but the final invoice will be united with the parcel at the time of forwarding. Fault of respect of the procedures exposed below, no complaint of the purchaser will be accepted.
Article 8 - General methods of delivery
The delivery is carried out with the address indicated by the purchaser at the time of his order. A form of distribution/acknowledgement of delivery will have to be signed by the purchaser or the product consignee ordered. In the event of absence, the purchaser or the product consignee ordered receives a transit advice note, inviting it to contact the deliveryman in load of his order, in order to agree on one second presentation of the parcel. The purchaser or the product consignee ordered is held to check in the presence of the deliveryman the state of the packing of the goods and his contents with the delivery. On the assumption that the purchaser or the product consignee ordered would note a damage or a lack, that it is on the state or the contents of its parcel, the purchaser or respectively the product consignee ordered must then refuse the parcel and announce the incident to Technic Ongle within a 7 working days maximum delay by calling Technic Ongle.
Article 9 - Delivery by the post office
The delivery is carried out by the factor with the address indicated by the purchaser. A form of distribution acknowledgement of delivery will have to be signed by the purchaser or the product consignee ordered at the time of the reception of the parcel. In the event of absence, the purchaser or the product consignee ordered receives a transit advice note of his factor, which enables him to withdraw the ordered products, at the post office nearest, during a fifteen days deadline.
The purchaser or the product consignee ordered is held to check, in the presence of the employee of the post office or the deliveryman, the state of the packing of the goods and his contents with the delivery. On the assumption that the purchaser or the product consignee ordered would note a damage or a lack, that it is on the state or the contents of its parcel, the purchaser or respectively the product consignee ordered is held:
- to apply the Colissimo procedure (in particular to announce the which had damage, all complaints and reserves) and to refuse the goods by immediately emitting a report of anomaly near the employee of the Post office (report 170).
- to announce these incidents to Technic Ongle by telephone, fax or email within a 7 working days maximum delay.
Article 10 - Delivery by DHL, UPS, Chronopost
The purchaser or the product consignee ordered is delivered to his residence by the deliveryman of the shipping company chosen by Technic Ongle and sign electronically an acknowledgement of delivery. In the event of absence, the purchaser or the ordered product consignee receives a transit advice note, which enables him to contact the conveyor in order to be appropriate of another day of delivery. The Purchaser or the product consignee ordered is held to check in the presence of the deliveryman the state of the parcel and the number of delivered parcels. On the assumption that the purchaser or the product consignee ordered would note a damage or a lack, that it is on the state or the contents of its parcel, the purchaser or the product consignee ordered will have then to refuse the parcel and to announce the incident to Technic Ongle by telephone, fax or email within a 7 working days maximum delay.
Article 11 - Delivery periods
The delivery periods are the following:
- Traditional Delivery: 3 to 10 working days
- Colissimo: 3 to 5 working days
- DHL, UPS, Chronopost: 2 to 3 working days
These deadlines are communicated as an indication. Any possible going beyond in terms of times will be able to give place neither to damage interests, nor with a reserve or cancellation of the order by the purchaser.
In any event, and in accordance with the provisions of the article L. 121-20-3 of the code of consumption, the ordered products will be delivered within a thirty days maximum delay as from the day following that where the purchaser recorded his order, subject to the complete payment of the price. In the absence of delivery with the expiry of this time, the purchaser will have the possibility of cancelling his order. The sums paid by the purchaser will then be restored to him without delay, other than any other compensation. The purchaser will have to make his written request (mail or email with the coordinates indicated in the heading contact of Internet site of Technic Ongle). Technic Ongle will proceed then to an investigation near the conveyor concerned before the cancellation of the ordering of the purchaser and with the refunding of the ordered and not delivered products.
An investigation near the conveyor can last up to 21 working days. So during this time, the parcel containing the products is found, it will be with the choice of the purchaser either immediately rebooked instead of delivery appointed in the purchase order, or preserved by Technic Ongle which will procèdera with the refunding of the not delivered ordered products. On the other hand, if the parcel containing the ordered products is not found at the conclusion of this 21 days deadline of investigation, Technic Ongle will procèdera with the choice of the purchaser, either with the refunding of the not delivered ordered products, or with a new forwarding at the expenses of Technic Ongle of the products ordered by the purchaser. On the assumption that the ordered products would not be then available any more, it will be made application of the provisions aimed to article 13. In the event of exchange of product (S),
Article 12 - Return of the goods
The products can be turned over by the purchaser under the conditions and according to the instructions below. The products must imperatively be turned over to Technic Ongle in a perfect state of resale, in their country of origin (packing, accessories, note), duly sealed, and accompanied by the good of signed return. Technic Ongle accepts the return of any article bought on www.technicongle.com if this one is turned over within 15 day as from the date of reception of its order by the purchaser. The carriage costs of the parcel of return remain with the load of the purchaser. The initial expenses of delivery are not refunded. To turn over an article, the purchaser must follow the following instructions:
1. To use the packing of origin to turn over the product.
2. To fill and join to it the Good with Return joint to the delivery order. The returns without Bon of Return are not accepted.
3. To send the parcel in recommended with notice of receipt to the following address:
Technic Ongle / Technic Up
4 bis, rue Jean Mermoz
25300 PONTARLIER
Technic Ongle does not accept the parcels addressed in port due. Any risk related to the return of the product is with the load of the purchaser. For lack of respect of the procedure mentioned above and the times indicated, the Purchaser will not be able to formulate any complaint for missing product or nonconformity or apparent defect of the delivered products, the products being then considered in conformity and free from any apparent defect.
Article 13 - Right of retractation
In accordance with the article L. 121-20 of the code of consumption, the Purchaser has a seven clear days deadline as from the date of reception, to turn over to his expenses, the ordered products, for exchange or refunding. The products must imperatively be turned over to Technic Ongle according to the described procedure with article 12 above.
Article 14 - Reserve of property
Technic Ongle preserves the property full and whole market products to the perfect cashing of the integral price, in the main thing, expenses and inclusive of tax.
Article 15 - Responsibility
Technic Ongle could not be held for person in charge of the inexecution of the contract in the event of stock shortage or unavailability of the product because of a case of major force, of disturbance or all-out strike or partial in particular of the postal services and means of transport and/or communications. Technic Ongle could not be held for person in charge of all consequential damages which could occur because of purchase of the products. Technic Ongle could not be responsible for all losses of data, files. It is up to the Purchaser to proceed to all the necessary safeguards relative to its (its) order (S). Internet site Technic Ongle also contains information coming from third people, and the bonds towards other Internet sites. Technic Ongle will not be able to in no case to be held for person in charge of the damage resulting from the use, the access, or the incapacity to use this third information, nor with the contents of other Internet sites.
Article 16 - Not partial validity
If one or more stipulations of these general terms of sale are held for nonvalid or are declared like such pursuant to a law, of a payment or following a definite decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
Article 17 - Not-renunciation
The fact for one of the parts of not prevailing itself of a failure near the other part with any of the obligations aimed within the present general terms of sale could not be interpreted for the future as a renunciation of the obligation in question.
Article 18 - Law Applicable and court of jurisdiction
The product sales of the company Technic Ongle are subjected to the French law. Any litigation relating to interpretation, the execution or the rupture of the contract concluded between Technic Nail and the Purchaser, even in the event of plurality of defendants, will be, in the absence of friendly agreement, of the exclusive competence of the courts of Montpellier.
Article 19 - Data processing and freedoms
The information collected by Technic Ongle at the time of any ordering of the Purchaser is necessary for the management of its order by Technic Ongle and its business partners. In accordance with the law '' Informatique and Freedoms '' N 78-17 of January 6, 1978, the Purchaser has of a right of access, correction, opposition and suppression to the data relating to it at Technic Ongle while addressing himself with mail to Technic Ongle (coordinated indicated in the Contact heading of Internet site of Technic Ongle). Via Technic Nail, the Purchaser, who expressly gave his satisfaction, can have to receive commercial propositions of other organizations or companies, or to be informed offers of Technic Ongle. If the Purchaser does not wish any more to receive these proposals, it can inform of it Technic Ongle by mail or e-mail (coordinated indicated in the Contact heading of Internet site of Technic Ongle). Technic Ongle reserves the right to establish cookies in the computer of the visitors of its Internet site. A cookie does not make it possible Technic Ongle to identify the visitors of its Internet site. In a general way, it records relative informations with the navigation of the computer of the visitors on Internet site Technic Ongle (pages who were consulted, the date and the consulting hour, etc) that Technic Ongle will be able to read at the time of the later visits of these users. In the species, it contains information which the visitor has just provided to Technic Ongle. The visitor has the right to be opposed to the recording '' cookies '' by configuring his navigator. Each navigator being different, the visitor must check in the Aide menu of his navigator how to modify the preferences as regards cookies. However certain functionalities of Internet site of Technic Ongle could not be used any more if the visitor refuses the installation of it.
Article created: 2007-12-16 -- It was read 147 times
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