TERMS AND CONDITIONS
These conditions of sale are agreed
- firstly by the company GIA. capital of € 150,000 which headquarters are in Meaux, registered in the Registre du Commerce et des Sociétés de Paris under the number SIRET42153934700052, hereinafter referred to as "GIA".
and secondly, by any natural or legal entity wishing to make a purchase via the website myseatcover.com, hereinafter referred to as "buyer".
These conditions of sale define the contractual relationship between GIA and the buyer, as well as the applicable conditions to all purchases made through the Website myseatcover.com by the buyer. The acquisition of a good or service through this website implies unconditional acceptance by the buyer of these terms and conditions. The buyer admits that he is fully aware that his agreement does not require a handwritten signature, insofar as he ordered online products and services.
2 - Modification of terms and conditions
GIA reserves the right to modify these terms and conditions at any time. Also, the buyer acknowledges that the only applicable terms and conditions are those in force on the website during the validation of the order and shall prevail over any other general or special conditions not specifically approved by GIA.
3- Entry into force of the General Terms and Conditions
These terms and conditions become effective upon confirmation of the order, by "double click" of the buyer and are valid for the necessary duration for the provision of goods and services purchased, until the extinction of their guarantees.
4- Electronic signature
In accordance with the law of 13th March 2000 on electronic signature, any purchase order signed by the consumer by "double click" constitutes an irrevocable acceptance which can only be challenged in limited cases in these terms and conditions as "right to withdrawal" and "out of stock". The "double click" associated with the process of authentication and integrity protection of messages is an electronic signature. It has the value of a handwritten signature between the parties.
5- Products and services available
The products and services available are those listed in the catalog published on the website myseatcover.com. They are in accordance with the French legislation in force and applicable standards in France. These products and services are available within the limits of available stocks.GIA presents its products with the maximum features required for the choice of products and services, in accordance with the article L111-1 of the Code de la Consommation.The photographs in the catalog are as accurate as possible but cannot ensure a perfect similarity with the product, especially with regard to colours, and they are not contractual.
6- Products prices
The prices listed in the catalog are prices in € excluding tax, VAT is based on the place of delivery. Any change in the VAT rate will be reflected in the price of products or services
Residents of the European Union can therefore benefit from an excluding tax billing accompanied by a Trade of Goods Declaration.
GIA reserves the right to modify its prices at any time, although only the prices listed in the catalog on the day of the validation of the order shall be applicable to the buyer.
A buyer who wishes to buy a product or service must:
- Give us the most comprehensive contact information requested by GIA during the ordering process, including delivery and billing address and the intracommunity VAT No.
- Enter the information for the payment of the order, under the conditions which have been allocated;
- Validate the order, to be dealt with.
All data recorded and confirmed is a valid proof of the transaction.
The buyer receives an e-mail to the e-mail address provided during his registration, which confirms the receipt of the order, but in no way foresees its treatment.
Every order validated by "click" on the website cannot be subject to change. However, if the buyer wants to modify his order, he may express his request to the Sales Department by e-mail or using the form "contact us" on the website, or by mail at the following address: GIA - 20E avenue Kennedy - 59610 Fourmies - France
In accordance with Article 4 of these terms and conditions, confirmation of the order implies their total acceptance, recognition of having perfect understanding and waiver to take advantage of its own conditions of purchase or other conditions.
8- Terms of payment
The price is payable with the order.Payments by credit card will be made ??through the secure system of the Banque Populaire, which uses SSL (Secure Sock and Layer) so that the information transmitted is encrypted by a software and no third party can become acquainted during transit on the network.
The buyer guarantees GIA that he has the necessary permissions to use the payment method during the validation of the order. GIA reserves the right to suspend any order and any delivery in case of refusal of authorization of the payment by credit card from the officially accredited organization.
GIA reserves the right in particular not to fulfill an order and block a delivery in progress if a buyer has been known to have payment incidents or with whom a payment dispute is being administered.
GIA conducts order checks, with the aim of ensuring that no one uses means of payment without the knowledge of their owners.
As part of this procedure, GIA regularly asks the buyer to send documentary evidence. The lack of response to this request, causes the blocking of orders and deliveries.
An invoice, systematically showing the VAT is sent to the buyer. He receives it in the billing address provided when ordering.
The buyer, if he is a legal person, may have a customer account, together with a deadline of payment and an outstanding amount.He receives then a monthly invoice.
A buyer who wishes to have a customer account can express his request to the Sales Department by email using the form "contact us" or by mail at the following address: GIA - 20E avenue Kennedy - 59610 Fourmies - France
GIA's Sales Department considers the request of the buyer and, for this, a number of documents might be requested in order to facilitate this study. A buyer who does not respond to these requests from GIA will find his request being rejected. He will remain subject to the general case described in Article 8.1.
In case of non-compliance with the agreed terms, especially concerning the deadlines for payment, GIA will consider the agreements as broken and cancel negotiated terms. The buyer's account will be closed. He will be immediately liable to pay all amounts due and order options will be blocked in the meantime. After settlement he will be able to place orders online again in the general case described in Article 8.1.
9- Products availability
Stock availability is shown in real time in GIA's website. The order is sent only when all components of products are in stock.
Upon receipt of the delivery, the buyer must check the condition of the received package.
Any defects or damage, even partial of the package, must be reported to the carrier in the form of "handwritten reserves" indicated on the delivery note.
The buyer must then contact GIA within 48 hours, so that an inquiry can be conducted either by email, using the form "contact us" or by mail at the following address: GIA - 20E avenue Kennedy - 59610 Fourmies - France
In this case, the buyer must also keep the package in the condition in which it was received.
Failing compliance with these recommendations, no claim can be made, neither with the carrier nor with GIA.
GIA undertakes to keep the buyer informed within 72 hours.
The buyer must contact GIA within 48 hours for any claim of misdelivery and/ or non conformity of products in nature or in quality with regard to the information on the order, either by email, using the form "contact us" or by mail at the following address: GIA-Service commercial - 830, rue Charles de Gaulle - 77100 Mareuil-lès-Meaux - France
Any claim not respecting the rules defined above will not be taken into account by GIA, who assumes no responsibility with the buyer. Upon acceptance of the claim, GIA assigns and communicates to the buyer a number of exchange of the products concerned.
The exchange can then be made.
Products to be exchanged must be returned to GIA as a whole and in their original packaging to the following address: GIA - 20E av. Kennedy - F-59610 Fourmies - France
Shipping fees are GIA's responsibility, except in cases where it would be proved that the products taken back do not match the original declaration made by the consumer in the return slip.
10-3-Delay in delivery
Delivery times are shown for information purposes only. If the time exceeds 07 days from the date shown on the order's confirmation email, the buyer should contact GIA for an inquiry. Please contact the Sales Department either by email using the form "contact us" or by mail at the following address: GIA-Service commercial - 830, rue Charles de Gaulle - 77100 Mareuil-lès-Meaux - France
If the package is found during the inquiry, it is immediately forwarded to the delivery address. Should the opposite occur, after the inquiry, GIA offers the buyer:
- The return of ordered products, regardless of any price increase occurred or, in the case of lower prices, along with a refund of the difference;
- To send similar products, if those originally ordered were no longer available;
- To reimburse the buyer, considering that the sales contract can be terminated within 15 days of the cancellation date of the order. However, GIA cannot be held responsible for delays in delivery in a number of cases.
10-4- The delivery address is incorrect,
Greater precision in entering the delivery address will avoid important delivery delays. GIA will not be held responsible for typing errors on the delivery address and delays or errors relating to the order processing and delivery.
Real costs incurred for the return of an order will be immediately billed to the buyer. Similarly, in case of cancellation of an order due to a mistake in the delivery address, the shipping costs will be deducted from the refund made.
11- Case of force majeure
Neither the buyer nor GIA can be held responsible for breach of contract for fortuitous reasons or force majeure.
Are considered as fortuitous events or force majeure any facts or circumstances that are unpredictable, uncontrollable and external to the parties, and that cannot be prevented by them, despite reasonable efforts.
Are considered as fortuitous events or force majeure circumstances beyond those usually retained by the jurisprudence of French courts: the blocking of means of transport, supply or means of communication due to total or partial strike, earthquakes, fires, storms, floods, and lightning.
GIA shall not be held responsible for any consequential damages resulting from these events, neither for loss of business nor profit or opportunity.
The party affected by such circumstances shall notify the other within 5 working days following the date on which he becomes aware. The two parties shall meet within a short period, unless if it is impossible because of a case of force majeure, in order to examine the effect of the event and agree on the conditions under which the performance of the contract must be continued.
In the case of delay in delivery, the solutions proposed by GIA are identical to those defined in the article 10 .3:
- Forwarding the ordered products, regardless of the possible price increase occurred;
- Sending similar products, if those originally ordered are no longer available;
·A refund, if the buyer wishes it, considering that the sales contract can be canceled within 15 days of the request for cancellation of the order.
12- Order retraction
According to French laws, non-professional clients benefit of a 14 working days retraction period. Personalised goods are excluded from any withdrawal right.
The retraction period starts from the delivery of the order, the date shown on the delivery slip for the date for departure.
All returns must be subject to prior notification to GIA, either by email using the form "contact us" or by mail at the following address: GIA - 20E avenue Kennedy - 59610 Fourmies - France
GIA communicates a return number, without which the return of the product cannot be accepted.
GIA invites the buyer to "over-wrap" the products he wishes to return, if he returns all of the products ordered.
We will only accept products returned in their complete original and undamaged packaging. Any damaged product or whose original packaging has been damaged, cannot be returned.
The right of retraction doesn't have a penalty, except for return shipping costs which are the responsibility of the buyer.
In this context of the retraction, GIA offers the buyer:
- The return of ordered products, taking into account the possible price increase occurred or, in the case of lower prices, along with a refund of the difference;
-To send similar products, if those originally ordered are no longer available;
- To refund the buyer, within 15 days of the cancellation of the order, extendable to 30 days if the returned products must be subject to a technical check.
All products supplied by the seller have the legal guarantee envisaged by Article 1641 of the Civil Code. All requests must be subject to prior notification to GIA as soon as possible, either by email using the form "contact us" or by mail at the following address: GIA - 20E avenue Kennedy - 59610 Fourmies - France
In case of non-compliance of a sold product, and after GIA's acceptance, the product may be returned, accompanied by a number of after-sales services (provided by GIA upon acceptance):
- The return of ordered products, regardless the possible price increase occurred;
-To send similar products, if those originally ordered are no longer available;
In accordance with Article 4 of Decree No. 78-464 of 24 March 1974, the provisions of these terms and conditions do not deprive the buyer of the legal guarantee compelling GIA to guarantee against all consequences of latent defects of the thing sold.
GIA, in the process of selling online is only bound by the best effort undertaking. Our responsibility cannot be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, service break, or other unintended problems.
15- Intellectual property
All elements of the webpage msc-pro.com are its exclusive intellectual property.
Nobody is allowed to reproduce, use, repost, or use for any purpose whatsoever, even partially, the elements of the website like software, visual or sound.
Any single link or hyperlink is strictly forbidden without the express written consent of GIA.
GIA archives order forms and invoices on a reliable and durable support as a true copy in accordance with the provisions of Article 1348 of the Civil Code.
GIA's computer registers are considered by the parties as proof of communications, orders, payments and transactions between the parties.
17- Settlement of disputes
These conditions of online sale are subject to the French laws. In case of dispute or disagreement, GIA invites the buyer to first contact GIA for an amicable solution. In the case of a remaining dispute, jurisdiction is given to the competent courts of Paris, despite several defendants or introduction of third parties.