Article 1 : INTRODUCTION
These terms and conditions apply exclusively between:
Registered Office: 52 BD Gambetta, 64130 MAULEON SOULE, FRANCE
Registered in France: RCS: 94 B 40033, Code APE: 152OZ
International VAT Number: FR 06 394 844 997
Tel: +33 (0)5 59 28 13 89; Fax: +33(0)5 59 28 02 80
Any non commercial internet user (hereafter known as the “Internet User”) visiting or purchasing goods from the internet site www.espasoule.com (hereafter known as “The Site”) owned by the company MEGAM.
The company MEGAM advises the Internet User to read the following Terms and Conditions and advises the Internet User that in making a purchase from The Site, the Internet User accepts the following Terms and Conditions without reservation.
These Terms and Conditions may be changed at any time. The Terms and Conditions applicable to any order are those that were displayed on the site at the time the order was placed by the Internet User.
Article 2 : OBJECT
The Internet User declares that he/she is at least 18 years of age and has the legal right to make a purchase on The Site or The Internet User has parental permission to make such a purchase.
The Internet User declares that the the purchase is non commercial and the goods purchased are for the household, family or friends. The maximum value of any purchase may not exceed 1000 euros including all taxes and VAT.
Products offered are subject to availability.
Product photographs are non-contractual.
Article 3 : PRICING
Countries within the European Union (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, and the United Kingdom): Prices are marked in euros (€) all taxes included including VAT. Value Added Tax (VAT) is charged at the current French rate of 19.6%.
As a general rule, VAT is applicable on all products purchased by an Internet User who lives or has a permanent residence in a country within the European Union.
If the rate of VAT is changed, the change will be reflected in the prices shown on The Site.
Countries outside the European Union
For deliveries outside the European Union prices are expressed in euros all taxes included on the receipt or invoice.
Posting and Packing Charges
Postage and packing charges are added to the cost of any goods purchased and must be paid by the Internet User.
All purchases on The Site for delivery to a country other than France may be subject to customs duties imposed by the destination country. It is the responsibility of the Internet User to pay any such charges and the company MEGAM does not accept responsibility for informing the Internet User of any such charges that may be applicable. The Internet User is advised to seek advice regarding Customs Duties from the relevant authorities in the destination country.
Article 4 : ORDERING
On completing an order for one or more items from The Site, the Internet User accepts the prices and descriptions of the goods available for purchase. The Internet User is committed to his/her purchase as soon as he/she has accepted these Terms and Conditions of Sale by clicking on the “Make Payment” link. At this point he/she is committed to the information he/she has provided regarding the product selected (e.g size, colour etc) and the delivery address.
Article 5 : PAYMENT
All orders made by the Internet User on The Site www.espasoule.com must be paid for on line when confirming the order. Payment is by credit or debit card for all countries (other than France where cheque payment is permitted). Only Carte Bleue, Visa, Eurocard and Mastercard are accepted. The Site uses standard SSL security. Confidential data (16 digit card number and expiry date) is encrypted before being transmitted directly to the appropriate banking system.
When the Internet User confirms his/her order:
• The payment request is immediately directed to the PAYBOX secure payment service.
• PAYBOX sends an authorisation request to the “GIE cartes bancaires” network.
• The secure payment service responds with an electronic certificate.
No order is accepted until the transaction has been validated by “GIE cartes bancaires”.
Article 6 : DESCRIPTION OF THE GOODS
MEGAM makes all the important information regarding the characteristics of the products available for purchase available to the Internet User on The Site. This information is supported by photographs. The Internet User is advised to read the information carefully particularly with regard to size, colour and materials.
Orders can only be accepted from countries listed on the orders web form. The Internet User accepts that orders will be delivered to the address entered on the order form.
The Internet User accepts that photographs on The Site represent the products on offer but are only indicative.
Article 7 : DELIVERY
In France, orders are dispatched daily from Monday to Saturday and deliveries are made by Collissimo Suivi (a service provided by the French Post Office) from Monday to Saturday. The normal time from order confirmation to delivery is 5 -7 working days in Metropolitan France (including Corsica) and 7 – 12 days for the French Overseas Territories.
For orders made in countries other than France, the Collissmo Suivi Europe service is used. They pick up and deliver Monday to Friday and the normal delivery time is 6 – 10 working days from order confirmation depending on the destination country.
In all cases the maximum delivery time is 30 working day from the date the order was confirmed by MEGAM.
The Internet User accepts responsibility for any damage to the goods during during transit. Any claim for damage or loss must be made to the courier within 48 hours of delivery. The Internet User / customer must also inform MEGAM by email to the email address: firstname.lastname@example.org. If a replacement is not available, the Internet User will be informed as soon as possible by email and will have the option of cancelling the order and being refunded in full.
MEGAM is not responsible for late delivery caused by delays in the postal system.
All claims for refund should be addressed to the email address above.
Article 8 : RETURNS AND REFUNDS
The Internet User has the right to return any goods purchased within 7 days for a full refund. Any returned goods must be unused and unworn and in the same condition as when received. The customer must also inform MEGAM of the reason for returning the goods by email or by letter.
If the Internet User exercises his/her right of return as described, MEGAM will make every effort to make a full refund within a maximum of 30 days.
Article 9 : GUARANTEE
If the goods are found to be defective or are not as ordered, the Internet User has 15 days to return the goods to MEGAM. In order to do this, the Internet User must first seek authorisation to return the goods by contacting MEGAM by email at email@example.com. Any delivery or customs charges incurred in returning the goods must be paid by the Internet User. Any postage and packing charges incurred in sending a replacement product must also be paid by the Internet User except where the order was incorrectly filled or the goods were defective. In such cases MEGAM will replace the goods where possible or make a full refund.
This guarantee is invalidated by any alteration to the product made by the customer, any abnormal use of the product or wear and tear in normal use.
In other circumstances where the product received is the product ordered and is received in good condition and the Internet User wishes to either exchange the product or apply for a refund, postage and packing charges and customs duties (where applicable) must be paid by the Internet User.
Having first received a return authorisation number from MEGAM, the Internet User must mark on the back of the delivery note the reason(s) for returning the unworn goods before returning them in the original packaging and at the Internet Users expense and obligatorily accompanied by the delivery note to the following address:
Ste MEGAM/ Retours
52 Bd Gambetta
64130 MAULEON SOULE
Where a refund has been requested, the Internet User’s bank account (or card account) will be credited with the original cost of the product(s) purchased within a maximum of 30 days from the date that the returned goods are received at MEGAM.
An email will be sent to the Internet User confirming processing of the return and/or refund.
Article 10: DATA PROTECTION
When the Internet User makes his/her first order on The Site, he/she will be allocated a password, which can be used to facilitate future orders by removing the necessity to re-enter personal details (other than credit/debit card details, which are not retained on The Site and must be re-entered for each order). This facility also allows the Internet User to check the progress of any current orders.
The Internet User accepts that, in order to process orders, personal data must be retained and processed by computing systems owned by MEGAM or a third party contracted to provide this service by MEGAM.
MEGAM is committed to protecting The Internet User’s personal details. All such data is treated as strictly confidential according to the ‘Informatique et Libertés’ law of 6 January 1978. Nevertheless, the Internet User has the right to access, view and rectify any of their personal details held on MEGAM’s files at any time. This right is exercised by a sending a simple request by email to firstname.lastname@example.org or by letter to:
52 Bd Gambetta
64130 MAULEON SOULE
Article 11 : LAWS APPLICABLE
The Terms and Conditions of Sale in the present document are subject to French law and the Vienna convention on International Sales of Goods.
Any legal action relating to the commercial relationship between MEGAM and the Internet User is subject exclusively to French law.
Article 12 : RULING ON LEGAL ACTION
The action of placing an order on The Site constitutes full acceptance of the Terms and Conditions in the present document. All Terms and Conditions are subject to French law. In the unlikely event that a legal action arises within the contractual relationship outlined in the present document, the Internet User and MEGAM are committed to finding a mutually acceptable solution before taking the issue before the courts. Should any such legal action proceed to the courts, the action will come under French jurisdiction and can only be heard by a French court.