Terms and conditions of sale
This present electronic retail site is provided by the limited liability company
ESTEVES MOTORCYCLE DESIGN
15 plan de Brie 30140 ANDUZE – France
N°SIRET : 340 457 936 00037
Phone : +33 (0)607 581 935
Email : firstname.lastname@example.org
All prices stated by EMD in this website are inclusive of VAT, for France and some European countries. All information given in the website www.estmd.com is provided in french. The site is equally consultable in english. The client agrees with the contents and conditions of sale before placing an order.
Prior to ordering, the client declares that the act of purchase of a product of EMD does not concern his professional activity, and that the acquisition is reserved for personal use only.
As a consumer, the client disposes of specific rights, which can be evoked in the case of the purchases being linked to his or her professional activity.
The client declares to be in the legal capacity to commit to these present general conditions.
The objectif of the present conditions of sale is to define the rights and obligations of both parties covering the act of electronic distance selling proposed in this website by EMD.
The minimum order is 20 euros VAT inclusive (excluding delivery charges) and a total order weight of 30kg minimum for a delivery by Colissimo. EMD cannot honour any orders of an inferior price and/or weight.
GEOGRAPHIC COVERAGE OF THE OFFER
The geographical zone covered by the offer of the website of EMD includes France as well as some country in the world.
The present contract is formed by the following documents:
• The present general conditions of sale
• The order form
All photos and illustrations of the totality of the products presented on this website do not enter into this contract. EMD cannot be held legally responsible in the case of error or alteration of any of these resources, .
The order form, Once click-signed, constitutes an irrevocable commitment on the part of the client, and can only be challenged in certain cases provided for in this present contract covered by the articles "Right of retraction" and "Order processing".
The reception by the customer of the order confirmation sent by EMD constitutes the conclusion of the contract. The client will receive by fax, letter or e-mail, a registered detailed confirmation of the order (products ordered, prices, estimated delivery time, delivery costs). EMD reserves the right to withhold confirmation of an order for whatever reason, notably for a problem of stock, or for a problem linked to the reception of the order.
DURATION OF THE OFFER
For as long as the products presented on the website are visible online, the offers associated with these products remain viable whilst stocks last.
PRICES - INVOICING
Prices of products and services are given in EUROS. The price fixed at time of purchase is firm and binding. Although EMD reserves the right to alter pricing at any time, EMD will honour the price given at time of order. Any change in VAT will be reflected in the prices given on the website. EMD establishes an invoice for each order, it is up to the client to furnish a postal address in order to receive the invoice by Post.
Payment is due in full at time of order. Payment for the order is via the website of EMD.
Means of payment:
- By credit card as indicated on the website. In doing so, the customer guarantees that he is authorised to use this form of payment at time of order.
- By Paypal
- By bank transfer, made out to "EMD". In the case of non reception of the transfer in the 10 days following order confirmation, EMD reserves the right to cancel the order. Bank details are provided at time of order.
NON-PAYMENT- RESERVE OF OWNERSHIP
In compliance with french law n°80 335 of the 12 May 1980, the ordered merchandise remains the property of EMD until the full payment of its stated value has been received. EMD reserves the right to recuperate the merchandise ordered in the case of non-payment. In this case, the client is under the obligation to guarantee the restitution of the merchandise to EMD, at his own cost.
The transfer of risk to the client intervenes at the moment of transfer of the merchandise by EMD to the carrier. The merchandise transits at the client's risk and peril including during the restitution of the merchandise postage paid, as well as during any order retraction period. The client is subject to the full financial consequences of damage, loss or destruction of the merchandise during these periods.
EMD will process your order as soon as we receive it.
This enables us to send you a delivery date with your order confirmation.
Depending on the availability of your vase, this could take from 1 to 6 weeks.
In the case of the merchandise being out of stock, EMD will inform the client as soon as possible with a proposition of a similar item or items, as well as a new delivery date. The client has the option of either confirming the new proposal, waiting for the stock arrival of the original merchandise, or canceling the original order, in which case, all monies paid by the client at time of order will be reimbursed.
EMD will process your order as soon as we receive it.
EMD assures delivery to France and some countries in the World. The delivery rate to other destinations will be calculated on a case by case basis by EMD.
All information given to EMD at the time of ordering is contractual. Your order will be delivered to the address given on the order form, if accessible. If the address given reveals to be inaccessible by the transporter, you will be liable to an additional second delivery charge. In the case of error or an incomplete address EMD cannot be held responsible for any delay in the delivery time stated on the order confirmation.
If you are absent at time of delivery, the carrier will leave you a delivery notice at the address given. It is your responsibility to contact the carrier to arrange another delivery date. In the case of non-recovery in the deadline given by the carrier, your order will be returned to EMD who reserve the right of non-reimbursement of payment of the merchandise, you will also be held accountable for any extra delivery charges.
Any complaint for non-conformity of the merchandise delivered should by made in writing and addressed to EMD, immediately after reception of the merchandise. The client should conserve all packaging as well as the delivery receipt.
In the case of merchandise error, the client is legally obliged to return the merchandise, unopened and with all accompanying documents, to EMD within 7 days of delivery. After reception, EMD will replace and deliver, at no extra cost, the merchandise initially ordered.
RIGHT OF RESCISSION
In compliance with article L 121-16 of the Consumer Act, the client has 7 working days from the delivery date, in which to return the merchandise, at his own cost, for exchange or reimbursement.
The item returned should be in its original packaging. It should not have been opened or used, nor been subjected to any deterioration or damage of any kind.
The client has free right of rescission. The client shall be reimbursed within 30 days from the reception of the returned merchandise. The client shall provide EMD with all bank information necessary for the reimbursement.
The items sold are guaranteed against hidden defects according to articles 1641 and following the French Civil Code.
To make a claim, the client should return the item, at his own costs, to EMD, with the original invoice. The item will be exchanged for an identical item and sent to the client at EMD's own costs, except in the case of the item being out of stock or discontinued. In this case, EMD will fully reimburse the client.
The personal information required of the client is essential for order processing and delivery, invoicing and eventual guarantees.
For these purposes, this information can be communicated to the contractual partners of EMD.
The client has the right to oppose any such communication under the Information and liberties act of January 1978. The client has right of access, modification, correction and suppression of any personal information by contacting EMD, 15 plan de Brie, ANDUZE – France.
In order to limit fraudulent use of personal information, EMD has the right to demand confirmation of identity. Thank you for your comprehension.
The Computerised registers, stocked in EMD's secured servers, are considered as proof of any communication, orders and payments between parties.
Order forms and invoices stoked on our servers can be produced as proof of purchase.
INTELLECTUAL PROPERTY RIGHTS
The totality of the content of the website (structure, design, photos, illustrations, texts, and programmes...) remains the property of the editor. The site www.estmd.com is subject to French intellectual property legislation All rights of reproduction reserved.
The present conditions of sale cover the integrality of the obligations of both parties.
Any other general or particular conditions communicated by the client cannot replace or add to the general conditions of sale.
In the case of one or more stipulations in the general conditions of sale being held as non valid, or declared so following a legal decision, all other stipulations remain in their integrity.