Application of the general conditions of sale
- the present general conditions of sale apply to all our sales of materials and services.
- the guarantee is limited expressly and, with our choice, the repairing or the replacement of the parts recognized by us defective, labour included-understood.
- the fact of placing order to us implies, on behalf of the purchaser, whole adhesion and without reserve under our general conditions of sale.
- No particular condition can, except written formal acceptance of our share, to prevail against our general conditions of sales.
- Any contrary condition posed by the purchaser will be thus incontestable for us in the absence of express train acceptance of our share.
- the fact that we do not prevail ourselves, at some time that it is, of unspecified these general conditions of sale, cannot be interpreted like being worth renunciation to prevail itself later on of unspecified of the aforesaid conditions.
Order taking
The orders engage us only after written confirmation or validation of the remote payment by Paypal and acceptance of the order by our company. They are recorded only accompanied by the total amount all inclusive of tax or stipulation specified in our estimates. The contents of the order are that specified in the acceptance of order. The process of ordering and validation of order comprises several stages during which you must validate a detailed summary of your order and indicate your co-ordinates. While clicking on the button To validate, during the payment, you confirm your order and state to fully accept the entirety of these general conditions of sale and without reserve, and to accept your order. This confirmation as well as the whole of the data-processing data recorded by e-modelisme.com are regarded as being worth the proof of our transactions. e-modelisme.com reserves the right to refuse any ordering of a customer with whom there would be a litigation relating to the payment of a former order. The information stated by the purchaser, at the time of the order taking engages this one: in the event of error in the wording of the co-ordinates of the recipient, e-modelisme.com could not be held responsible for the impossibility in which it could be to deliver the product.
Cancellation of order no cancellation total or partial of order confirmed in writing with A.R. on behalf of the purchaser can be accepted except agreement of our share. In this case, we invoice 7.62 Euros raised of 1% of the total amount of the cancelled order, n the other hand of the damage and the expenses caused by this cancellation.
Photographs - Charts
The photographs of the products and are given only as an indication and are noncontractual.
Expenses of delivery
The expenses of delivery are contractual.
Reception
- Without damage of the provisions to be taken with respect to the conveyor, the possible complaints, as for the apparent defects or the nonconformity of the product delivered to the ordered product or the form of forwarding, must be formulated in writing in the 7 days following the date of reception of the goods by the purchaser.
- It will be up to the purchaser to provide any justification as for the reality of the defects or anomalies possible noted.
- the purchaser will have to leave us all facilitated to proceed to the observation of the possible defects to allow us to produce remedy there.
- the purchaser will prohibit any technical intervention possibly interns on the material in question, this clause all the more applying to an unspecified third, it was elected by the purchaser.
General guarantee
Our products are guaranteed parts and labour 3 months per return or deposit in our store according to the articles of these general conditions of sale. According to the R.211-4 article of the Code of Consumption: "In the contracts concluded between professionals, on the one hand, and, on the other hand, not-professionals or consumers, the professional cannot guarantee by contract the thing to be delivered or the service to be returned without mentioning clearly that applies, in any event, the legal guarantee which obliges the professional salesman with the purchaser against all the consequences of the defects or hidden defects of the sold thing or the service to be returned".
Guarantee - Extended
- the guarantee is limited expressly, and with our choice, the repairing or the replacement of the parts recognized by us defective, labour included/understood (times of repair approximately from 3 to 7 weeks).
- batteries, and the piles cannot be guaranteed beyond the 7 days deadlines. - the interventions with the guarantee voucher could not cause to prolong the duration of this one.
- the presentation of the its photocopy or purchase invoice will be rigorously required when the guarantee is called upon.
- the products will have imperatively to be turned over to our workshop in their packing of origin with the expenses of the recipient.
Guarantee - Exclusion
- the deteriorations and defects caused by natural wear or external accident (erroneous assembly, defective maintenance, abnormal use...), or by a technical intervention of a third are excluded the liability.
- Any material being deteriorated physically is not any more under guarantee. In the same way the guarantee will not play if the purchaser is not up to date of his obligations towards us, and this, whatever is the cause.
Price
- the products are provided to the present prices at the time of the placing of the order.
- the prices are posted in including all taxes.
- the prices mean Nets, packing included, except for special packing invoicees in addition.
- All our prices are suceptibles to change without notice. You can however ensure you of the validity of the price of the products with the estimate (or) purchase order corresponding during one week.
Any tax, taxes, and other various rights to pay pursuant to the French payments are the responsibility of the purchaser.
Payment
Our invoices are payable by the purchaser according to methods specified on the invoices themselves.
By defect, the invoices will have to be paid the cash with the removal of the material.
Invoicing
- To each delivery an invoice will correspond.
- the date of emission of the invoice is at the same time the date of current liability of the payment by the purchaser as well as the starting date of the period of guarantee.
Payment - Delay or defect
- In the event of delay of payment, we will be able to suspend the execution of all the pending orders without injury of any other way of action.
Any sum not paid at the limit envisaged will give full place and without setting in preliminary residence, notwithstanding article 1153 of the Civil code to the payment of post maturity interest at the Bank of France rate, at the day of the invoicing, raised of 5 (five) points.
- These interests will run the day of the expiry until the date of the payment. In the event of non-payment, quarante-huit hours after a setting in residence remained unfruitful, the sale will be automatically cancelled and, so good seems to us, we will be able to ask, in summary procedure, the restitution of the products without damage of any other damage-interest.
The resolution will strike not only the order causes some but also all the former unpaid orders, which they were delivered or are in the course of delivery, which them payment fell or not.
In the event of payment by commercial draft, the defect of return of the effect will be regarded as refusal of acceptance comparable to a non-payment. In the same way, when the payment is spread out, the non-payment of only one expiry will involve the immediate current liability of the totality of the debt without handing-over in residence.
- In all the cases which precede, the sums which would be due for other deliveries or all other causes, will become immediately exigible if we choose the resolution of the corresponding orders.
- the purchaser will have to refund all the expenses caused by covering in dispute of the sums due including fees of the members of the legal profession.
- To in no case the payments cannot be suspended nor to be the subject of an unspecified compensation without our prior written agreement.
Reserve and property - Application
- the transfer of property of the thing sold is subordinated to the integral payment of the price with the expiry by the purchaser.
- However, the risks are transferred as of one year, delivery accomplished.
- If the payment does not intervene within the time, mentioned on the invoices, envisaged by the parts, we reserve ourselves the right to take again the delivered thing and, so good seems to us, to solve the contract.
Reserve property - Claim
In the event of non-payment by the purchaser, we will be able, without losing any of our rights, requiring by letter registered with acknowledgement of delivery the restitution of the good to the expenses and risks of the purchaser. We unilaterally can and immediately to make draw up the inventory of the unpaid goods held by the purchaser.
- the purchaser supports the expenses of the contentious service as well as the legal and legal expenses possible.
Attribution of jurisdiction
Any contract, like any order accepted by us, are controls by the French right. The courts of Nanterre are only qualified at the time the contracting ones have qualities of tradesman even in the event of incidental requests, calls in guarantee and/or even case of plurality of the defendants. The various modes of forwarding or payment, our provisions or acceptances of payment, as well as the place of delivery, can operate neither novation nor exemption from this attributive clause of jurisdiction. In the event the consumer can engage of the continuations in addition to the places or remains the defendant, near the jurisdiction of the places of delivery.