General Conditions of Sale
As of June 1, 2010 Governed by Article L441-6 of the Commercial Code and in accordance with Article L111-1 of the Consumer Code
THE ITEMS BEING UNIQUE AND SOLD ALSO IN STORE: it is possible that they are not in stock at the time of your purchase, because already sold.
You will receive a cancellation email within 2 business days if the item you have purchased is no longer available.
You will, of course, be refunded.
LA CLÉ DES TEMPS does not provide restoration or restoration of articles before the sale.
Those being of occasion they can have some defects (blow, breches, ... etc.), Do not hesitate to call us to make sure of the state of the object.
Article 1: APPLICATIONS OF CONDITIONS The Seller is defined below as being www.lacledestemps.com, site published by the company LA CLE DES TEMPS whose head office is located at Coutances, la belle hôtesse, route de Lessay n° SIREN 380850057. The Buyer is defined below as any natural or legal person, company, company, association, individuals using the site www.lacledestemps.com signatory and accepting these terms and conditions of sale. The general conditions of sale apply exclusively to all sales concluded by www.lacledestemps.com both for its own account and for that of its principals. All other conditions engage the Seller only after written confirmation from him. The information given on the website www.lacledestemps.com for catalogs, photographs, price list, notes, etc. are given for information only and may, as such, be modified by the Seller without notice. The mere fact of placing an order or accepting an offer from the Seller implies the unconditional acceptance of these general conditions of sale. The present general conditions of sale can be modified at any time and without notice by www.lacledestemps.com, the modifications being then applicable to all subsequent orders. www.lacledestemps.com may need to modify punctually certain provisions of its general conditions of sale, so we advise the Buyer imperatively that it be re-read before each order validation. The Buyer acknowledges that he is fully aware that his agreement regarding the content of these general conditions of sale, does not require the handwritten or electronic signature of this document, to the extent that the Buyer wishes to order the products presented in the context of the online store www.lacledestemps.com. The Buyer is deemed to accept without reservation all the provisions of these general conditions of sale.
Article 2: ORDERS The offers are valid while stocks last at our suppliers. In case of quote, the offer will remain valid seven clear days unless otherwise stipulated on it. French is the only language proposed for the conclusion of the order. We take the utmost care in putting essential product information and features online, thanks in particular to the technical descriptions from our various partner suppliers and the photographs illustrating the products. The information and photographs contained on the site are not contractual and may contain errors. 2-1: DESCRIPTION OF THE PRODUCTS The essential characteristics of the products are indicated in the product sheet, generally containing a photograph of the product and indicating its particularities. The photographs illustrating, in support of the text, the products do not enter the contractual field. If errors are introduced, in no case the responsibility of www.lacledestemps.com can not be committed. The detailed product sheet is the only contractual source. Our suppliers may change without notice the technical composition of the products. www.lacledestemps.com is at all times entitled to update, improve its data sheets or withdraw from sale its products and / or peripheral products.
2-2: AVAILABILITY OF PRODUCTS
In the event of unavailability of a product ordered, www.lacledestemps.com CAN NOT provide you with a product of a quality and an equivalent price. Our offers are valid subject to availability at our suppliers. We promise to inform you by e-mail within eight clear days and to indicate a waiting period for a receipt of this product in case of availability after placing your order. In the event of partial unavailability of the products, www.lacledestemps.com may have to split the order. Thus the products available can be sent when all other products are available. In case of unavailability of a product ordered, especially because of our suppliers, the Buyer will be informed at the earliest and will have the opportunity to cancel the order. The Purchaser will then have the choice to request the refund of the sums paid within 30 days at the latest of their payment, by check, or to wait for the availability and delivery of the products.
2-3: STEPS TO CONCLUDE THE ORDER
During the first order on www.lacledestemps.com any new Buyer must create a "customer account". An identifier or "login" and a password of at least six alphanumeric characters will be requested. At each order confirmation, you will be directed to your account via a secure connection reminding the content of your order. Your order will be definitively recorded only after information of the various information and final validation. When you register the order by selecting a settlement method, the sale is deemed concluded. The validation of the Buyer under the order constitutes an electronic signature that has value, between the parties, a handwritten signature. Law No. 2000-230 of 13 March 2000 adapting the law of evidence to information technology and relating to the electronic signature, Article 1316-1 of the Civil Code, relating to the electronic signature. www.lacledestemps.com reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute over the payment of a previous order.
2-4 : CANCELLATION OF THE ORDER
The order placed on our website www.lacledestemps.com is automatically canceled if payment is not received within 8 days. From the moment the Buyer has validated his order, he is considered as having accepted knowingly and the membership without restrictions or reservations to these general conditions of sale. Prices, volumes and quantities of products offered for sale and ordered.
Article 3: PRICES The prices listed on the site www.lacledestemps.com are indicated in euro (€), excluding delivery costs and any technical costs that will be indicated before the validation of the order. Prices listed on your order after validation and registration are firm and final. If prices fall after your order, we can not in any case compensate you for the difference. If prices increase, we promise to deliver the price set the day of the order. Prices are expressed H.T. VAT is not applicable, in accordance with Article 293 B amended by Law No. 2009-1674 of 30 December 2009 - art. 18 (V) of the General Tax Code. Payment of the full price must be made when ordering. At no time, the sums paid can not be considered as a deposit or installments. The receipt of the total amount of the order will be made at the time of validation of the order or in case of payment by check or bank transfer, upon receipt.
Article 4: DELIVERY
The products are delivered to the address indicated by the Buyer when ordering. He must verify the completeness and conformity of the information he has provided. Our delivery times are indicated in working days for information only and are to be considered once the order has been validated. A delivery delay can not in any case entitle to any compensation or penalty whatsoever. We invite you to notify us of any delay of delivery more than seven days to allow us to start an investigation with the carrier. The investigation times may vary from one to three weeks, depending on the carrier. If during the investigation period, the parcel is found, it will be sent immediately to your place of delivery. During this investigation period, no refund, replacement or return of replacement goods will be made. By express agreement, a case of force majeure preventing delivery can not be attributed to www.lacledestemps.com. Are considered as cases of force majeure or exceptional events by law LOCK-OUT, strike, total or partial work stoppage at LA CLE DES TEMPS or at its suppliers or service providers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, etc. the Seller is released from all liability upon delivery. The seller will keep timely, case and event listed above the Buyer. In any case, the delivery within the deadlines can intervene only if the Buyer is up to date of its obligations towards the Seller whatever is the cause.
Article 5 : TRANSPORT
Unless expressly agreed otherwise, www.lacledestemps.com freely chooses the carrier. No claim can be taken in charge by www.lacledestemps.com and its responsibility can not be committed. For any question or difficulty you may encounter, we invite you to contact us via our contact page.
Article 6: CLAIMS, GUARANTEES, RETURNS
For any complaint, we invite you to contact our site. All my relatives to a defect of delivered goods, to an inaccuracy in the quantities or to their erroneous references referred to by the accepted offer OR to the confirmation of the order by the Seller, must be formulated to the Seller by registered mail. RECEIVING within 48 hours from the receipt of the goods, without its being necessary and in accordance with article 5 of the general conditions of sale, the recourse against the carrier for lack of right of complaint of the buyer will cease to be acquired. Everything can be obtained through the contact page. An agreement of return of merchandise, the merchandise will be returned to you, at your expense, risks and perils, all expenses of transport, storage, handling at your expense. After obtaining the return agreement, the buyer has a period of five clear days to return the defective goods to www.lacledestemps.com. The goods must be returned imperatively with a copy of the invoice. All defective products must be returned in their original packaging, together with the entire product and its accessories with all documents, warranty (not filled), notices, etc. All incomplete, damaged, damaged and / or original packaging is damaged, not returned, exchanged or refunded. In accordance with Article 4 of Decree No. 78-464 of 24 March 1978 pursuant to Article 35 of Law 78-23 of 10 January 1978 on combating unfair terms on the protection and disclosure of the products and services of the sale of selling devices can not be provided by the purchaser of the legal guarantee which obliges the seller to make purchases against the consequences of latent defects of the sold. The buyer is informed that www.lacledestemps.com is not the producer of products available within the framework of its site, within the meaning of the law L98-389 of May 19, 1998 and relating to the responsibility of the defective product. As a result, in the event of damage to a person or property by default of the product, only the responsibility of the manufacturer of it may be sought by the buyer. The goods that we market as a reseller for the manufacturer's warranty plan we undertake to abide by it. The fact of a complaint does not release the buyer from his obligations to pay the invoice within the agreed time. Refund or availability of the merchandise upon receipt of the merchandise whose product has been purchased and accepted by www.lacledestemps.com Buyer No return carriage collect will be accepted. Products made according to the specifications of the buyer or personalized, marking, drawing, embroidery or an incoming merchandise within the framework of the article L121-20-2 modified by the ordinance n ° 2005-648 of June 6th, 2005 - art . 1 JORF June 7, 2005 in force December 1, 2005 of the Consumer Code, will not be represented, exchanged or refunded. No claim may give entitlement to any compensation or penalty whatsoever.
Article 7: MARKING, DRAWING, CUSTOMIZATION
We disclaim all liability on the ownership of the markings we reproduce on behalf of the Buyer. With or without indication, it is up to him to make prior art searches useful and to make sure that they are not similar to those already existing. Consequently, any direct or indirect damage that we suffer as a result of the Buyer's non-compliance with the rights of others must be borne and repaired by the Buyer.
Article 8: OPTION OF RETRACTION, RESERVED FOR INDIVIDUALS
Under the conditions provided for by articles Article L121-20 and following, modified by the Law n ° 2005-841 of July 26th, 2005 - art. 3 JORF 27 July 2005 of the Consumer Code and in the context of distance selling, the Buyer has a withdrawal period of seven clear days. The mentioned period runs from receipt for goods or acceptance of the offer for the provision of services. When the seven-day period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day. The Buyer must return the goods in their original condition and packaging. All goods return requires an authorization which can be obtained free of charge via the contact page of our site. The return of the goods is at the expense and risk of the Buyer. However, it should be noted that the right of withdrawal can not be exercised in any case for the products defined in the context of the application of the article Article L121-20-2 modified by the ordinance n ° 2005- 648 of June 6, 2005 - art. 1 JORF June 7, 2005 in force December 1, 2005 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of return charges, as indicated above. In the event of the exercise of the right of retraction, the Buyer has the choice to request either the refund of the sums paid, or the exchange of the products. In the case of an exchange, the return will be at the expense of the Buyer. In case of exercising the right of withdrawal (V / SITE) will make every effort to refund the Buyer within 15 days by check. No right of withdrawal can give right to any compensation or penalty whatsoever. The right of withdrawal is exclusively reserved for individuals, it can not apply under any circumstances to a professional or to a holder of a SIREN Number, in accordance with the law in force.
Article 9 : RESERVATION OF PROPERTY
Pursuant to Law No. 80-335 of May 12, 1980 on the effects of retention of title clauses in sales contracts, the goods to be delivered and invoiced to the Buyer will remain the property of LA CLE DES TEMPS until to the full payment of their price. Failure to pay may result in the claiming of the goods by THE KEY TIME, the refund being immediate and the goods delivered at the expense of the Buyer, risks and perils. During the period from delivery to the transfer of ownership, the risk of loss, theft or destruction, as well as the damage that could cause the Buyer remain his responsibility. The Buyer undertakes, in the case of a bankruptcy proceeding affecting his business, to participate actively in the establishment of an inventory of the goods in his inventory and of which the Seller claims ownership. Otherwise, the Seller will have the option to have the inventory recorded by bailiff at the expense of the Buyer. The seller may prohibit the Buyer from reselling, processing or incorporating the goods in case of late payment. If the goods are sold in the meantime, it is up to the Buyer to assign the receivable to us and if regulations on these claims are made, they must be transmitted receipts. To guarantee the payments not yet made and in particular the balance of the account of the Buyer in the writings of the salesman, it is expressly stipulated that the right relative to the goods delivered but unpaid will refer to the identical goods coming from the Seller in stock at the Buyer, without the need to charge the payments on a specific sale or delivery.
Article 10 : CANCELLATION CLAUSE
In case of non-compliance with one of the obligations of the Buyer by the latter, the sale may be terminated automatically and the goods returned to the Seller at his discretion, without prejudice to any damages and interest that the seller could claim against the Buyer, within 48 hours after the formal notice remained ineffective. In this case, the Seller is entitled to claim from the Buyer a fixed compensation of 10% of the amount of the sale.
Article 11 : PAYMENT
Any payment paid to www.lacledestemps.com can not be considered as a deposit or a down payment.
11.1 : METHODS OF PAYMENT Payments must be made in such a way that the Seller can dispose of the sums on the due date shown on the invoice. The payment is made, except special stipulations on the site www.lacledestemps.com or granted to the companies after study of their file, with the order: - By Credit card (with a validity of at least one month for a cash payment and six months in the case of split payment). The entry of banking information is done via a secure server to ensure the security and confidentiality of the information provided during the banking transaction. - By check (issued by a bank domiciled in metropolitan France). The check must be sent to the order of (V / SITE), at the following address: The Key of the Times, The beautiful hostess, route of Lessay Coutances. It must be accompanied by a copy of the email acknowledging receipt of your order. The check must be in the name of the person who placed the order. Failing this, he must mention on the back of the check the number of the order and the customer number. It will be cashed upon receipt. The processing of your order will be made from the date of receipt. - By bank transfer, to the coordinates that you have been given. The costs being borne by the Buyer. (V / SITE) reserves the right to ask you for a bank check in case the sums involved are large. In the event that the Seller accepts a payment by draft, the Buyer must return to him accepted and domiciled within eight clear days. The costs are the responsibility of the Buyer, in the absence of return of the draft accepted within the time mentioned, the payment will become immediately due.
11.2 : LATE PAYMENT
Any payment after the fixed payment date may give rise to the billing of penalties. The amount of these penalties will be equivalent to the rate of legal interest applied by the European Central Bank (ECB) to its most recent refinancing operation plus 10 points. For the year 2010, the rate of the legal interest being fixed at 0.65% (*), the calculation is the following one:sumthe number of days late X 0.65%) / number of days of the year = compensation payable. Penalties are due without any reminder being necessary. It runs automatically from the day following the date of payment on the invoice or, failing this, on the thirty-first day following the date of receipt of the goods or the performance of the service. The legal interest rate will also be used with an increase of 5 points (ie 5.65% in 2010) for the interest due by a person convicted by a court decision and who has not executed within a period of two months. The Purchaser may never, on the grounds of a claim formulated by him, withhold all or part of the sums owed by him, or make any compensation. When the Buyer is late in full or partial payment of a due date, the Seller can by this fact alone and without the need for a prior notice, immediately suspend deliveries, without any delay. Buyer may not claim damages from Seller. In the event of recourse by the contentious way, the salesman is entitled to claim from the Buyer the reimbursement of the expenses of any kind related to the pursuit. (*) Decree No. 2010-127 of February 10, 2010 setting the rate of legal interest for the year 2010.
11.3 : SUPPORTING
For reasons of fraud limits, www.lacledestemps.com reserves the right to accept an order to ask you to prove your identity and place of residence, and the means of payment used. In this case, the processing of your order will take place from the receipt of these documents. We reserve the right to cancel your order in the absence of receipt of such proof or receipt of evidence deemed non-compliant.
Article 12 :WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (EEE)
For equipment excluded from the scope of Decree No. 2005-829 of 20 July 2005 on the composition of electrical and electronic equipment and the disposal of waste from such equipment and in accordance with Article L541-2 Code It is the responsibility of the holder of the waste to ensure or ensure their elimination. For the equipment concerned by this decree, and in accordance with article 18 of the decree 2005-829, the organization and the financing of the EEE waste collection and treatment, object of this sales contract are transferred to the Buyer who accept them. The Purchaser ensures the collection of equipment, its treatment and its valuation in accordance with Article 21 of the Decree. The above obligations must be forwarded by successive purchasers to the end user of the EEA. Failure by the Buyer to comply with the obligations imposed on him may result in the application of the penal sanctions provided for by Article 25 of Decree 2005-829 against him.
Article 13 : INTELLECTUAL PROPERTY
All elements of the site www.lacledestemps.com, whether visual or sound, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by the right of author, trademarks and patents. They are the exclusive property of www.lacledestemps.com. Any copy, adaptation, translation, representation or modification of all or part of the site is strictly prohibited, without the prior written consent of www.lacledestemps.com. Any reproduction, even partial, elements of the site www.lacledestemps.com without the written agreement on our part is prohibited, in accordance with the law n ° 57-298 of March 11, 1957 on literary and artistic property and amended by the LAW n ° 2009-669 of June 12th, 2009 - art. 21 of the Intellectual Property Code. Except in the cases provided for in Article L122-5 of the Code and constitute an infringement punishable by the Penal Code.
Article 14 :COMPUTERS AND FREEDOMS
The information requested from the Buyer is necessary for the processing of his order and may be communicated to the contractual partner suppliers of THE CLEAR TIME involved in the execution of this order. Through us, you may receive commercial offers from other partner companies. If you do not wish to receive them, simply contact us on our contact page, to oppose such communication, or to exercise your rights with regard to the information concerning you and contained in the files of LA CLE DES TIME. Pursuant to Law No. 78-17 of 6 January 1978 relating to data, files and freedoms, consolidated version on May 14, 2009, you have the right to object (Article 26), access rights (Articles 34 to 38) and rights of rectification (Article 36) data concerning you. Thus, you may require that information concerning you that is inaccurate, incomplete, ambiguous, out of date or whose collection or use, communication or preservation is prohibited, be rectified, completed, clarified, updated or deleted. If you want to use this right, just write to us on our contact page.
Article 15 : COMPUTER PROBLEMS
The buyer knows the characteristics of the Internet computer network and in particular the possibility of interruption of connection, server failures, electrical problems or others (the list is not exhaustive) LA CLÉ DES TEMPS can not be held responsible for the consequences such events and will be released from any obligation in towards the Buyer. No claim may give entitlement to any compensation or penalty whatsoever.
Article 16 : PARTIAL NON-VALIDATION
If one or more stipulations of the present general conditions of sale are held for invalid or declared such according to a law, a decree, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their range.
Article 17 : APPLICABLE LAW
These general conditions of sale are subject to French law. The application of the Vienna Convention on the International Sale of Goods is expressly rejected. The registers and computerized files of www.lacledestemps.com will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. All different relating to the formation, execution and termination of contractual obligations between the parties that can not lead to an amicable settlement will be submitted to the French courts. The fact that THE KEY TIME not to avail at any given time of any of the clauses of these general conditions of sale, can not be claimed denunciation to avail later these clauses.
Article 18 : ATTRIBUTIVE CLAUSE OF JURISDICTION
For all disputes and disputes, whatever the nature or the cause, only the courts of _, even in the case of summary proceedings, warranty appeals or multiple defenders. Acceptances, drafts, warrants, conditions of carriage do not bring novations or derogation from this clause.