GENERAL CONDITIONS OF SALE AND USE
This site is edited by the company CLUBCASE, SARL with a capital of 7,500 euros, registered in the commercial register in Bobigny under number Siret 750481863, and whose registered office is located 84 Bd Michelet, 93130 NOISY-LE-SEC.
The editor can be reached by phone at 01.84.17.08.38 (Mon. Fri. from 9:30 to 19:30) or by electronic mail at the following address: firstname.lastname@example.org
This site is hosted by PHPNET headquartered social is 116, Route de Meylan 38330 BIVIERS and can be reached by phone at the following number: 04.82.53.02.10.
The Director of the publication of this site is Mr Sune REYT, who also served as head of its ctinn.
This site is free and open access to any Internet user. It has for object the sale in line of accessories for Smartphones.
c) acceptance of the General conditions
Subscribing to a contract governed by these general conditions, with the editor of this site implies the acceptance by the user of the entirety of these general conditions. The user recognizes the same fact aware fully and renounce its own conditions. This acceptance will consist in the fact that the user, check the box corresponding to the following sentence: "I acknowledge having read and accepted the General conditions of sale and use of the site.".
That fact the checkbox will be deemed to have the same value as a handwritten signature on the part of the user. The user recognizes the value of proof of systems of automatic registration of the Publisher of this site and, except for him to provide evidence to the contrary, it waives to contest them in case of dispute.
The acceptance of these general conditions implies on the part of Internet users they enjoythe legal capacity necessary to do this, or failing that they have the permission of a guardian or a trustee if they are unable, their representative legal if they are minor or they hold a mandate if they act for on behalf of a legal person.
2 Modality of subscription orders and purchasing process overview
The availability of the products is indicated on the site, in the sheet of each item.
To order, customers will be able to select one or more objects and add them to their shopping cart. When their order is complete, they will be able to access their shopping cart by clicking the button provided for this purpose.
By viewing their cart, members shall have the right to verify the number and the nature of the items they have chosen and will be able to check their unit price and the total price of the order. They will be able to remove one or more objects of their shopping cart.
On this summary will be further informed clients the Faculty they have, or not to exercise their right of withdrawal and the time limits that apply.
If their order suits them and they wish to validate it, users will be able to click on validate, they will then to a form in which they can either enter their login credentials if they already have to register on the site by completing the form that is presented to them, with personal information about them.
Once they are connected, or after they have fully completed the form, customers will be invited to control or modify their delivery and billing details then will be invited to make their payment in being redirected to this effect on the secure payment interface.
Once the payment is actually received by the editor of the site, the latter undertakes to acknowledge receipt to the customer electronically, within a maximum period of 24 hours.
Similarly and within the same timeframe, the publisher undertakes to send to the client an e-mail summary of the order and it confirming the treatment, also containing all information relating to the order, to the products ordered, delivery, as well as the procedures for the exercise of their right of withdrawal.
The prices indicated on the site agreed in Euros, all taxes, excluding shipping costs. These prices can be changed at any time by the Publisher, the prices are valid on the day of the order and do not carry effect for the future.
Delivery charges will be, in any event, indicated to the customer before any regulations and relate only to deliveries in metropolitan France including Corsica. For any other place of delivery, it will be for the client to contact customer service.
The editor is likely to provide the shipping costs for orders delivered in metropolitan France (including Corsica) by La Poste mail 'mini max' or orders also delivered in metropolitan France (including Corsica) with the actual amount paid by the customer (once the promotions is deducted) greater than 0 euro.
4 Clause of reserve of property
Products sold remain the property of the seller until full payment of their price in accordance with the present clause of reserve of property. The risks are nonetheless transferred to the buyer at the date of delivery.
5. Payment information
The user can order on this site and may make his payment by cheque, credit card, Paypal and moneybookers.
Payments by credit card are made through secure transactions provided by the claimant: Paypal. In the context of payments by credit card, the editor of this site has access to any data regarding means of payment of the user. The payment is made directly in the hands of the Bank.
In case of payment by cheque, delivery periods defined in article below don't begin to run from the date of actual receipt of the payment by the seller, the latter can prove by all means.
Orders are delivered by post, within a period of 7 working days as from the perfect payment of the price corresponding to the consideration, by the seller.
Certain products or certain volumescommand may nevertheless justify a higher delivery time, it will be makes express reference to the attention of the consumer during the validation of the order.
(b) delivery error and apparent defect
The customer undertakes to check the conformity of the product to its order upon delivery. Any error of delivery compared to the command or apparent defect should be the object of a claim within a period of 3 days from the delivery. After this period, the product will be deemed approved by the client, which can no longer rely on an error of delivery or a visible defect.
(c) damage and partial loss
In the event of delivery of a package clearly and visibly deteriorated, it belongs to the client to refuse in order to enjoy the guarantee offered by the carrier. The customer shall by also inform the seller without delay, so that a new package is prepared, then shipped upon receipt of the damaged in return package. In such a case, delivery deadlines indicated above in these terms and conditions shall be more applicable.
Similarly, any parcels with damaged products or missing shouldto be denied. Indeed, in accordance with article L 133 - 3 of the commercial code, the receipt of items carried out any action against the carrier for damage or partial loss if within three days, excluding holidays, following that of this reception, the recipient has not notified the transporter by registered letter, his reasoned protest. Failing to carry out this formality, the client may obtain compensation.
7. Provisions on the rights of the consumer
a) Customer Service
This site customer service is available Monday to Friday from 9:30 to 19:30 to numbers(ESN) non-premium-rate phone following: 01.84.17.08.38, by e-mail at the following address email@example.com or via postal mail at the following address: Clubcase, 84 Bd Michelet, 93130 NOISY-LE-SEC. In these last two cases, the publisher undertakes to provide a response within 24 hours.
b) right of withdrawal
Consumers have a time limit of 15 days from the date of receipt of the package to request the Exchange or refund. In order to exercise this right, ittheirs (at their expense) return the parcel to the address of the seat of the company: Clubcase, 84 Bd Michelet 93130 NOISY-LE-SEC, accompanied with a letter requesting either refund or Exchange.
In accordance with the provisions of article L121-20-2 of the code of consumption, the consumer cannot claim the exercise of any right of withdrawal for orders all clearly personalized or made-up products according to their specifications or which, because of their nature, cannot be returned or are liable to deteriorate or expire rapidly.
All returns must be made complete (packaging, manuals, accessories, copy of the invoice) and returned products must be in perfect condition for resale, they should not be soiled or damaged (as a result of their use).
c) delay in delivery
Any delay in delivery by more than seven days may result in the resolution of the sale at the initiative of the consumer, upon written request on its part addressed by registered letter with request for acknowledgement of receipt. The consumer will then be reimbursed of the sums committed by him when ordering. This clause is not intended to applyIf the delay in delivery of a case of force majeure, independent of the control of the Publisher.
In such cases, the client agrees to not carry out prosecution against the site and its editor and waives to avail themselves of the resolution of the sale provided for in this article.
8 Guarantee for products purchased on this site
In the event of failure of a product purchased on this site, clients have, in accordance with the provisions of the civil code on legal guarantee of hidden defects, a period of two years from the date of discovery of the defect for the Exchange or refund, and, in application of article L211-5 of the code of consumption they will have a period of two years from the receipt of the product for Exchange or the refund, in the event where the good delivered does not conform, within the meaning given to that Word by article cited above. In order to exercise any of these rights, it is their responsibility to contact the editor of the site.
Some objects purchased on this site enjoy, in addition to the guarantee for latent defects defined by the civil code as well as the guarantee of good compliance imposed by article L211-5 ofCode of consumption which are, if any, still apply and that are defined above, a conventional warranty offered by the seller, whose duration and modalities will be indicated on the instructions of the products.
The hidden defect is a defect of the thing which in normal operating conditions, makes it unfit for the use for which it was intended and compliance is defined as the handing of the contractually agreed thing, the editor of this site isn't particularly responsible, even in the context of the possible guarantee conventional, of the improper installation or use of products, the non-compliance with the specifications of manufacturer contained in instruction manual of products, the normal wear of products, poor maintenance of the products, or accidental damage or resulting from abnormal use of the product.
Some products sold on the site are withdrawn that may contain defects. In such cases the default will be indicated in the descriptive sheet of the product and will not constitute a lack of conformity.
9 Personal space
a) Creation of personal space
The creation of a personal space is a prerequisite to any command to a user on this site. To this end, the Member will be asked to provide certain personal information. The Member undertakes to provide accurate information under penalty of resolution of the contract at the initiative of the Publisher and the client account.
Some information will be deemed essential to the conclusion of the contract and their collection will be indispensable for the creation of personal space and the validation of the conclusion of the contract. The refusal by a member to provide such information will have the effect of preventing the creation of personal space as well as, incidentally, the validation of the order.
b) functioning of the Member area
This space allows the customer or member to consult all its orders on the site, and also, where appropriate, allows them to track the delivery of the purchased goods.
If the data contained in the personal space topic came to disappear as a result of a fortuitous, of a technical failure or a case of force majeure, the responsibility of the Publisher of this site could be held liable, such information having no probative value but onlyinformative. The publisher undertakes however to keep secure all contractual elements whose conservation is required by the Act or the regulations in force.
The Publisher reserves the exclusive right to remove any member account that would have breached these terms and conditions (including but without that this example has an any exhaustive, where the Member will be provided knowingly false information, when registering and the constitution of his personal space) or even any account inactive for at least a year. Said deletion is not likely to constitute damage to the excluded Member that cannot claim to compensation as such.
This exclusion is not exclusive of the possibility, for the editor, to undertake prosecution of judiciary against the Member, when the facts justified it.
During the creation of the personal space, the user is prompted to choose a password. This password guarantees the confidentiality of the information contained in its 'my account' section and user is therefore prohibited to transmit or communicate to a third party. Otherwise, the sitecannot be held responsible for the unauthorized access to the user's account.
10 Provisions relating to the contributions of the members
The Publisher offers to members registered on this site to participate in a forum about its activity. Members are also offered the faculty contribute to the content of this site by the publication of comments on the products offered there.
The comments posted on the site will be in French, according to a correct vocabulary and vulgar. The content of the contributions must be strictly consistent with public order and morality. Published contributions will be under the sole responsibility of their authors and may be subject to moderation by the Publisher.
Contributors are informed that the site editor may choose to publish the comment in question on the newsletters on this site and on the sites of all of its partners, to charge for the editor to cite the pseudonym of the author of the contribution. The author therefore waives its rights on the content of the contributions for the benefit of the editor of the site, for any dissemination or use, even commercial on the internet support, this bien of course, always in compliance with the attribution of the author.
11 Newsletter Editor
By ticking the box provided for this purpose or by expressly giving their agreement to this end, members agree that the editor can make them reach, frequency and in a form determined by it, a newsletter (newsletter) that may contain information about its activity.
When the user checks the box provided for this purpose, he agrees to receive commercial offers of the editor of this site for products and services similar to those ordered.
Subscribing members shall have the right to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
12. Entries for the law Informatique et Libertés of 6 January 1978
a) General - purpose - duration
Internet users have freeFaculty to provide personal information. The provision of personal information is not required for navigation on the site. On the other hand, registration on this site assumes the collection, by the Publisher of a number of personal information about Internet users. Internet users do not wish to provide the information necessary for the use of the services offered by this site as well as, where appropriate, necessary for the creation of a personal space, can use the services provided by the Publisher of this site or placing an order on this site.
The data collected are necessary for the proper administration of the services offered on this site as well as to respect for its contractual obligations by the Publisher. These data are stored by the Publisher in this unique quality, and the publisher undertakes not to use them in another context, or transmit them to third parties, outside users express agreement or cases statutory.
Contact information for all registered users on this site are stored for a period of one year duration reasonable necessary to the proper administration of the site and a normal use of the data. These data are stored in secure conditions, selon current means of technology, in compliance with the provisions of the data-processing law and freedoms of January 6, 1978.
b) right of access, rectification and opposition
In accordance with the latter, they have the right to object, query, access and rectification of the data they have provided. To do this, simply make the request to the editor of this site, making it to the following e-mail address: firstname.lastname@example.org, or by postal mail at the address of the seat of the editor mentioned at the top of these terms and conditions.
The personal data collected are subject to a processing and are reserved exclusively to the editor of the site.
The controller is Mr Reyt Sune, whose contact details are shown at the top of these terms and conditions.
The personal data collected are no transfer abroad.
Number of Registrant: 1533003
c) IP address
In addition, the Publisher reserves the right to collectthe public Internet Protocol (IP) address of all users. This IP address will be collected anonymously and will be retained for the same duration as the personal information will be used only to allow the proper administration of the services offered on this site. The IP address is a series of numbers separated by points allowing the unique identification of a computer on the Internet.
The Publisher must communicate all personal data relating to a visitor to the Police (at the judicial demand) or to anyone (on order of the judge). The IP address of your computer may be the subject of a rapprochement with the actual identity subscriber owned by ISP (internet access providers).
13 Exemption from liability of the Publisher in the performance of this contract
In case of impossibility of access to the site, due to technical problems or of all kinds, the client cannot rely on damage and may not claim any compensation.
The unavailability, same long and without no limited period of one or more products can be constitutivefor surfers and injury may not give rise to the award of damages and interest on the part of the site or its publisher.
The Publisher does not guarantee the suitability of the goods offered on the site with the real needs of Internet users. It is thus for anyone interested to ensure the accuracy of its needs and to verify the compatibility between products. For example, a shell of protection for an iphone 3 would not be compatible with an iphone 4.
The Visual representations of the products published on this site, are guaranteed by the Publisher as a perfectly faithful to reality, in order to meet its obligation to perfect information. However, as current technology, the rendering of these representations especially in terms of color or form, may significantly vary from one computer to another or differ from reality according to quality graphic props and on-screen or the resolution of the display. These variations and differences may in no event be attributed to the publisher who shall in no case see liability as such.
Protection products were intended to limit as far as doing what little external damage caused by afall of the object for which they have been ordered. Nevertheless, the protection cannot guarantee that the object will not be damaged in case of fall, partly because of the wave of shocks that will be produced by said fall or because of the violence of the fall.
Products sold on this site being marketed in accordance with the legislative and regulatory provisions in force in France, the Publisher cannot be held responsible for the non-respect of regulations and legislative provisions in force in other countries.
The hypertext links on this site may return on other internet sites and the responsibility of the Publisher of this site cannot be held liable if the content of these sites violates the legislation in force. Similarly the responsibility of the Publisher of this site cannot be held liable if the visit, by the surfer, one of these sites, it caused harm.
14. The intellectual property rights over the elements published on this site
All elements comprising this site belong to the editor and are as such protected by intellectual property legislation.
Therefore, users recognize that, in the absence of authorisation, any total or partial copy and any dissemination or operating an or several of these elements, even modified, will be likely to give rise to legal proceedings conducted against them by the Publisher or its rights holders.
This protection will focus on all text and graphics of the site, content but also on its structure, its name and its graphic.
15 Amendment to General conditions
The present general conditions can be modified at any time by the site editor or his representative. The General conditions applicable to the user are those in force on the day of his order or its connection on this site. The publisher undertakes obviously to maintain all its former General conditions and send them to any user that would make the request.
16. Applicable law and competent courts
The present general conditions are subject to the application of French law and the exclusive jurisdiction of the Courts. French
17. Settlement of disputes
Unless public order provisions, all disputes that may arise in the execution of these general conditions may before any legal action be subject to the discretion of the editor of the site settlement. It is specifically recalled that applications for settlement shall not suspend deadlines open to bring legal proceedings.
If one of the clauses of the present general conditions were to be declared invalid by a court decision, this nullity cannot take away the nullity of all other clauses, which would continue to produce their effect.
19. No waiver
The fact, for the editor, to not rely on temporary or permanent of one or more clauses of these general conditions prevail any waiver to take advantage of the rest of the General conditions.
This site is hosted by PHPNETHeadquartered social is 116, Route de Meylan 38330 BIVIERS and can be reached by phone at the following number: 04.82.53.02.10.