The salesman has a space of marketing which is reserved to him present on the site EternalSabers from which the customer can buy remotely, via Internet, his products. This space is accessible online by the customer via the site, 24 hours a day, 7 days a week and all year long except in case of maintenance operations.
ARTICLE 1 – Self-employment
This site is the property of Edouard Ruol. He works under the status of auto-entrepreneur.
The head office of the company is located at 12 rue Saint-Jean, 02200, Chacrise, France.
SIRET : 889 557 211 00014
Website host: Vultr, servers located in Paris
Hosting company website: https://www.vultr.com/
EternalSabers customer support is available 6d/ 7 by email at: firstname.lastname@example.org
ARTICLE 2 – PURPOSE
The present conditions govern the sale of swords and any other related products.
ARTICLE 3 – APPLICATION OF THESE GENERAL CONDITIONS OF SALE
The general conditions of sale presented here apply to all purchases from Edouard Ruol on its online store via the website https://eternalsabers.com. To know the conditions of his order, the customer can click at any time, even before placing an order, on “general conditions of sale”.
The fact of placing an order implies the customer’s full and unrestricted acceptance of the various clauses presented in these GTC.
The offers presented by Edouard Ruol are reserved exclusively for private customers, that is to say that he acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity. The latter recognizes that he has full legal capacity to commit himself under the general conditions of sale.
The customer declares before validation of his order to have accepted these CGV and consequently, to adhere to them entirely.
ARTICLE 4 – ORDERING PROCEDURE
All conditions are carried out on the website https://eternalsabers.com.
The customer builds a basket by choosing the number of products he wants. A summary of all the items in the basket is displayed before the validation of the basket. The customer can, at this stage, check, modify and delete the selected products. Once the selection is made, the customer validates his basket by clicking on the button
“Payment”. Any order not validated will not be honored. The simple fact of adding a product in the basket is not worth validation of the order. After validating, the customer selects his payment method.
After accepting the GTC, the orders become final when they are validated by the payment of the products.
An invoice will be issued and sent to the customer’s email address upon shipment of the order. An order confirmation is sent by email immediately after payment.
In accordance with the terms of the law n°80336 of May 12, 1980 modified on May 13, 1980, relating to the property reserve the company preserves the full and whole property of the sold products until the perfect collection of the price, in principal, expenses and taxes included.
The customer becomes the owner and responsible for the articles as of the delivery, the transfer of possession being worth transfer of risks
Except contrary proof brought by the customer, the systems of automatic recording of the site and the reserved space of the salesman are regarded as being worth proof of the nature, the contents and the date of the sale contract.
The seller reserves the right to adapt or modify the general sales conditions at any time. In case of modification, the general sales conditions in force on the day of the order will be applied to each order. Therefore, the customer is invited to consult them regularly in order to be informed of the most recent developments.
ARTICLE 5 – PRODUCT – PRODUCT AVAILABILITY, PAYMENT METHODS AND PRICE
A – PRODUCTS
The products offered are those listed on the site https://eternalsabers.com , within the limits of available stocks. The store reserves the right to change the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (capacity, use, composition…). The photographs are as accurate as possible but are not binding on the seller. The sale of products presented in the site https://eternalsabers.com is intended for all
buyers residing in countries that fully allow the entry of these products into their territory.
A – Availability of products / validated offer
The product offers and prices appearing on the site are valid as long as they are visible and available (presence of the “Buy” button). A product that has become unavailable is indicated as such. It is nevertheless specified that the simple fact of adding a product in the basket is not worth validation of the order. In other words, the product may become unavailable between the time of addition to the basket and the validation of the order by the customer.
B – Methods of payment
Customers have the possibility to pay by credit card.
Credit cards: cards bearing the initials CB, VISA or MASTERCARD are accepted.
The buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or informs a new one. Then the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice. The next step proposes to verify all the information, to read and accept the present general conditions of sale by checking the corresponding box, then invites him to validate his order by clicking on the button “Confirm my order
“. Finally, the buyer is redirected to the dedicated secure interface in order to safely enter his personal credit card information.
If the payment is accepted, the order is registered and the contract is definitively formed. The payment is irrevocable. In case of fraudulent use of his personal credit card, the buyer can demand the cancellation of the payment by card, the sums paid will then be credited back or returned.
The cardholder is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or 120 days if the contract with the bank so provides. The amounts debited are reimbursed by the bank within a maximum of one month after receipt of the written objection made by the holder. The holder shall not be liable for any costs incurred in returning the sums.
If the buyer wishes to contact the store, he can do so by e-mail at the following address: email@example.com.
C – Prices
The prices listed are chosen at the discretion of the store owner.
The price indicated on the site includes shipping costs.
The manager reserves the right to change its selling prices, but the product will be charged on the basis of the rate in effect at the time of validation of the order and subject to availability.
The manager is involved in organizing promotional operations in various forms, which will be regularly brought to the attention of customers and will be posted on the website: https: //eternalsabers.com
D – Transaction security
In order to optimize the security of transactions on the Internet, the site uses an online payment system so that all means are implemented to ensure the confidentiality and security of data transmitted, as part of an online payment. It is specified that the manager does not keep any banking data on its servers.
ARTICLE 6 – WITHDRAWAL PERIOD
In accordance with the provisions of Article L.121.21 of the Consumer Code, you have a period of fourteen (14) days from receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay penalties.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be of a nature to defeat the right of withdrawal.
Return shipping costs are at the customer’s expense.
In the event of exercising the right of withdrawal, the company will reimburse the sums paid within fourteen (14) days of notification of your request, using the same means of payment as that used for the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to :
– The supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express consent of the consumer and express waiver of his right of withdrawal.
– The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period.
– The supply of goods made to the specifications of the consumer or clearly personalized.
– The supply of goods that are likely to deteriorate or expire rapidly.
– The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
– The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
– The supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader.
– The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
– The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications.
– Transactions concluded during a public auction.
– The supply of digital content not provided on a physical medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.
ARTICLE 7 – DELIVERY
Upon receipt of the payment of the order, the company launches the delivery operations. The delivery of the ordered articles is carried out with the address informed by the customer. The information of delivery indicated by the customer engages this one. In case of error or lack of information to a default or absence of delivery, the company will not be held responsible.
In case of return for incomplete address, the customer will have the possibility either to modify his address and to be resent the goods by supporting the new expenses of sending, or to be refunded the order by deduction of the initial expenses of sending. The pricing of the shipment will be based on the country where the customer is located.
The delivery period applicable is that indicated at the time the order is placed.
In case of delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time that was indicated to you.
In accordance with the legal provisions, in case of delay in delivery, you have the possibility of cancelling the order under the conditions and procedures defined in Article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will proceed to its reimbursement and to the shipping costs under the conditions of the article L 138-3 of the Code of the Consumption.
In the event of delivery by a carrier, the manager cannot be held responsible for any delay in delivery due exclusively to the customer’s unavailability after several proposed appointments.
The customer, in case of delivery by a carrier, it is up to the latter to check the contents of the package at the time of receipt and to formulate reserves if necessary.
ARTICLE 8 – WARRANTY
All products supplied benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non-compliance of a product sold, or hidden defects, it may be returned to the manager who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by e-mail to firstname.lastname@example.org within 14 days of delivery.
The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions…). Shipping costs are at the customer’s expense.
The provisions of this Article do not prevent the customer from benefiting from the right of withdrawal provided in Article 6.
ARTICLE 9 – LIABILITY
The products offered are in accordance with the French legislation in force. The responsibility of the auto-entrepreneur can not be held liable for non-compliance with the legislation of the country where the product is delivered. It is the customer’s responsibility to check with the local authorities the possibilities of importing or using the products that the customer plans to order.
In addition, the company can not be held responsible for damages resulting from improper use of the product purchased.
Finally, the auto-entreprise cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
ARTICLE 10 – APPLICABLE LAW IN CASE OF DISPUTE
The language of this contract is French. The present conditions of sale are subject to French law. In case of dispute, the French courts will have exclusive jurisdiction.
ARTICLE 11 – INTELLECTUAL PROPERTY
All the elements of the site https://eternalsabers.com are and remain the intellectual and exclusive property of the auto-entrepreneur. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple link or hypertext link is strictly prohibited.
ARTICLE 12 – PERSONAL DATA – RGPD
The customer is informed that the company implements processing of personal data to enable it to manage orders, to ensure the billing and any complaints, and to improve the services and information that we send you. The company reminds its commitment to scrupulously respect the law n° 78-17 of January 6, 1978 relating to “data processing, files and freedoms” and the General Regulation for Data Protection (RGPD). The company undertakes to ensure the best level of protection to the customer’s personal data in accordance with the Data Protection Act No. 78-87 of January 6, 1978 relating to data, files and freedoms and the Act No. 2004-801 of August 6, 2004 amending it, on the protection of individuals with regard to the processing of personal data, and the Commission Regulation No. 2006/679 (RGPD). The Self-Contractor implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access.
The data relating to the means of payment (in particular the bank card number) are not processed or collected by the self-employed person but by his service provider. Personal information provided during visits to the site is strictly confidential.
Personal data is stored by the hosting provider Vultr, whose servers are located in France, for as long as is necessary for the above-mentioned purposes.
The hosting provider has a sufficient level of protection with regard to European regulations, allowing the transfer of personal data to its servers. The latter applies the standard contractual clauses of the European Commission for the transfer of personal data, as well as the ISO27018 and 27701.15 standards.
The customer has a right of access, rectification and opposition to the nominative information and the personal data concerning him, directly on the Internet site.
ARTICLE 13 – ARCHIVING / PROOF
The auto-entreprise will archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code.
ARTICLE 14 – FORCE MAJEURE
The auto-entrepreneur disclaims liability for any failure to perform its contractual obligations in the event of force majeure or fortuitous event, including, but not limited to, disaster, fire, internal or external strike, internal or external failure or breakdown, and generally any event that does not allow the proper execution of orders.
ARTICLE 15 – APPLICABLE LAW AND DISPUTE RESOLUTION
The present general conditions of sale are subject to French domestic law, without prejudice to the rules applicable to consumer law.
In case of difficulty relating to the interpretation, validity or application of these general conditions of sale, the parties will try as far as possible to resolve their dispute amicably in accordance with Articles L611-1 to L641-1 and R612-1 to R612-2 of the Consumer Code, it being specified that the search for an amicable solution is not likely to interrupt the time limits for legal action. In this respect, the customer is informed of the possibility of resorting, in case of dispute, to a conventional mediation procedure or any other alternative method of dispute resolution.