GENERAL TERMS AND CONDITIONS
The purpose of these general conditions of sale is, firstly, to inform any potential customer of the terms and conditions under which the seller proceeds as far as the sale and delivery of the products ordered, and secondly to define the rights and obligations of all parties involved in the sale of products by the seller to the customer, rights and obligations that apply without restriction or reservation, to all sales by SARL LOISIR MOBILITÉ/TRICYCLE EVASION of the products offered on its website "www.damius.com".
Consequently, the order of any product for sale on the website of the SARL LOISIR MOBILITÉ/TRICYCLE EVASION carries full acceptance of these terms and conditions of sale which the Buyer acknowledges to have read prior to placing the his order.
The products are offered for sale in the following geographical territory: Metropolitan France.
The Buyer prior to his order declares:
- that the purchase of products on www.damius.com is not directly related to his professional activity, and is limited to a strictly personal use
- have full legal capacity to engage under these terms and conditions of sale
SARL LOISIR MOBILITÉ/TRICYCLE EVASION reserves the right to modify at any time these terms and conditions of sale.
2. Identity of the Company
SARL LOISIR MOBILITE / TRICYCLE EVASION
S.A.R.L with a capital of 40 000 euros
Registered office: 8, rue Banastie / ZA les Paluds / 13430 EYGUIÈRES - France
Production warehouse: 23, avenue de Grèce / ZI Molières / 13140 MIRAMAS - France
RCS Tarascon: 788 684 694 00029
Intra-Community VAT: FR24788684694
3. Access to the Site
The Buyer is personally responsible for setting up the IT and telecommunications resources to access the "www.damius.com" website.
The Buyer retains the cost of telecommunications when accessing the Internet and use of the site.
4. Formation of the contract and orders
The selling prices of products online on the website www.damius.com, indicated in Euros, are those in effect at the time of processing the purchase order by the Buyer. The price and availability of products on the site are guaranteed only for online payments by credit card.
They do not include shipping costs (unless otherwise stated), charged in addition to the price of products purchased according to the amount of the order. The shipping costs will be indicated before the registration of the order by the Buyer.
Prices include the value-added tax (VAT) applicable on the day of the order and any change in the applicable rate VAT will be automatically reflected on the price of products sold by www.damius.com within its website.
The selling prices of the products can be modified by www.damius.com at any time. This modification will be notified to the Buyer before any order thanks to the price indicated on the site www.damius.com.
4.2. PRODUCT CHARACTERISTICS - AVAILABILITY
In accordance with Article L 111-1 of the Consumer Code, the Buyer may, prior to his order, take note, on the Site www.damius.com, of the essential characteristics of the product or products that he wants to order.
The Buyer selects one or more products among the different categories offered on the website www.damius.com.
The offers presented by www.damius.com are valid while stocks last.
www.damius.com reserves the right to modify the range of products depending on the constraints related to its suppliers.
The pictures, graphics and descriptions of products offered for sale are only indicative and do not engage the seller.
In the event that a supplier modifies a product, the graphic representation of it does not engage the responsibility of the seller nor affect the validity of the sale.
Any order implies the unrestricted and unreserved acceptance of these general conditions of sale.
From the moment the Buyer has placed his order by clicking on the "Validate your order" icon, he is considered to have accepted knowingly and without reserve the present general conditions of sale, prices, volumes and quantities of products offered for sale and ordered.
Buyer may order:
- on the Internet: www.damius.com
- By telephone: +33 718.104.22.168
The order of the Buyer must be confirmed by www.damius.com, by email.
The sale will be considered to be final only after the sending of the order confirmation to the Buyer by www.damius.com and after the latter receiving full payment.
www.damius.com recommends that the Buyer keep this information on a paper or computer document.
5. Payment of the price
Payment of the full price must be made when ordering by the Buyer except for payments in several times accepted as such by SARL LOISIR MOBILITE / TRICYCLE EVASION. At no time, the sums paid cannot be considered as a deposit or installments.
For one-time payments, the receipt of the full amount of the order will be made by www.damius.com at the time of confirmation of the order for credit card payments or shipping of the order in case of payment by check. For payments in several installments, the first monthly payment will be cashed under the same conditions as for one-time payments, the following monthly payments will be cashed at 30-day intervals from each other. The total amount will be shared in proportion to the number of agreed monthly payments.
All orders are payable in Euros.
To proceed with the payment, the Buyer has all the means of payment offered when ordering, usually credit card (Carte bleue, Mastercard, Visa), check or transfer.
The Buyer guarantees www.damius.com that he has the necessary authorizations to use the method of payment he has chosen, when registering the purchase order.
www.damius.com reserves the right to suspend or cancel any order and / or delivery, whatever their nature and level of execution, in case of non-payment of any sum that would be due by the Buyer, or in case of payment incident.
Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to amounts unpaid after a period of ten days following the date of invoice or notification of rejection of payment. The delivery of any new order may be suspended in case of late payment of a previous order and this notwithstanding the provisions hereof.
www.damius.com reserves the right to request a photocopy of the identity card of the Buyer for any type of payment.
As part of the fight against fraud on the Internet, information about your order may be forwarded to any third party for verification.
6. Choice of products
The Buyer, having taken knowledge of the products and their characteristics marketed by www.damius.com, has under his sole responsibility and according to his needs as he has previously determined before any order, carried his choice on the product or products subject to his order. In addition, the Buyer knowing only the materials, configurations and other, which he uses, is the only judge of the compatibility of the products ordered with those used by him.
It is the sole responsibility of the Purchaser, if he does not consider himself competent enough, to be assisted by counsel.
7. Delivery and reception
7.1 GENERAL RULES
The products will be delivered to the address indicated by the Buyer on the order form.
The Buyer may, at his express request, obtain the sending of the invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form.
In case of partial availability of articles, www.damius.com may be required to split orders. Thus the available items can be sent at first, the balance of the order will be sent when all other items will be available.
Failure to comply with the procedures set out below, no claim of the Buyer will be accepted.
The average delays observed at the beginning of the various deposits of www.damius.com are as follows:
- Spare parts and small parcels: 72 hours
- Bulky shipments (tricycle): 5 days
These deadlines are provided for information only.
Any overrun may not give rise to damages, withholding or cancellation of the order by the Buyer.
On the other hand, if the ordered product is not found after a period of 21 days of investigation, www.damius.com will proceed at its expense to a new shipment of products ordered by the Buyer.
7.3. PROBLEMS OF QUALITY OR COMPLIANCE
In case of delivery of a product not corresponding to the order (defective or non-compliant), the Buyer must make its claim within 7 days from the signature of the distribution slip.
Complaints must be sent by registered letter with acknowledgment of receipt to the address indicated in paragraph 2 hereof, and must include:
- the details of the Buyer.
- the product references.
- the reasons for the claim.
The return of products must be done within seven working days from the allocation of a return number by the customer service of www.damius.com.
Otherwise, www.damius.com will not make any exchange or refund of products ordered.
Any product to be exchanged or refunded must be returned to www.damius.com in its original condition and packaging and include all of the product and its accessories.
The costs of return are the responsibility of the Buyer except in the case of a return for defect or non-compliance with the order.
Any risk related to the return of the product is the responsibility of the Buyer.
Failure to comply with the procedure outlined above and the time indicated, the Buyer will not make any claim for nonconformity or defect of the delivered products, the products then being deemed compliant and free from defect.
8. Availability of products
In case of unavailability of the ordered product, www.damius.com will inform the Buyer at the earliest.
In accordance with the provisions of Article L121.20.3 of the Consumer Code, www.damius.com may in this case provide a product of a quality and an equivalent price.
In any case, the ordered products will be delivered within a maximum period of thirty days from the day following the date on which the Buyer has registered his order, subject to the complete payment of the price.
In default of www.damius.com to make use of this faculty, the Buyer will be refunded without delay and at the latest within thirty days of the payment of the sums which it paid.
9. Right of withdrawal
In accordance with Article L 121-16 of the Consumer Code, the Purchaser has a period of fourteen clear days from the date of receipt, to return at his expense, the products ordered, for reimbursement.
One-way shipping will be deducted from the amount to be refunded.
The products must imperatively be returned to www.damius.com in a perfect state of resale, in their state of origin (packing, accessories, notice ...), duly sealed, and accompanied by the invoice corresponding to purchase.
Similarly, if the product includes a warranty sheet or other document to complete, it should not be completed so that the buyer can exercise his right of withdrawal.
Any incomplete, damaged or damaged product that has been used or whose original packaging has been damaged will not be refunded or exchanged.
The exercise of the right of withdrawal will give rise to the choice of the buyer:
- either a refund in cash, by credit of the bank card entered during the initial order or, if it is not possible, by letter-check
- or to the attribution of a voucher on the site www.damius.com
10. Retention of title
www.damius.com retains the full ownership of the products sold until the perfect collection of the price, in principal, charges and taxes included.
During the period from delivery to the transfer of ownership, the risk of loss, theft or destruction is the responsibility of the buyer.
Failure by the purchaser of its payment obligations gives the seller the right to demand the immediate return of the goods delivered at the expense and risk of the Buyer.
The general conditions and the duration of the guarantee are available on the website www.damius.com section After-Sale Service, The Buyer will be deemed to have consulted and accepted.
In case the record is not delivered with the product, and on simple request of the consumer, www.damius.com will send the notice or a link allowing access to it.
Any return of the product under the aforementioned warranty must be subject to prior agreement of www.damius.com. For this purpose, the Buyer will contact the after-sales service of www.damius.com.
No return will be accepted without prior authorization of www.damius.com.
If the product is recognized as defective, www.damius.com will send the buyer a product return number. This return number, a decisive and indispensable condition, is valid for seven working days from the return of the return number by www.damius.com to the Buyer. After this period, the Purchaser will have to renew his request, according to the procedure described above.
The defective product must be returned in its original packaging, include all the product and its accessories and be legibly accompanied by the product return number communicated by www.damius.com and the number of product series.
Any product incomplete, damaged, damaged and / or whose original packaging has been damaged, will not be returned or exchanged under the warranty.
All costs and risks related to the return of the product are the responsibility of the Buyer.
The product under warranty will, at the option of the manufacturer, be exchanged or repaired.
www.damius.com only guarantees the Buyer, for hidden defects that may affect the delivered products, as part of a replacement of defective products, or parts making them unfit for their use, without power be considered by the Buyer as responsible for the possible harmful consequences that these hidden defects could have caused.
In any case, the guarantees do not cover:
- the replacement of consumables.
- the abnormal and non-compliant use of the products.
- the damage mentioned in the article sheets.
- defects and their consequences due to the intervention of the Buyer or a repairer not authorized by www.damius.com.
- the defects and their consequences related to the use not in conformity with the use for which the product is intended (professional, collective, intensive use ...)
The products offered by www.damius.com comply with the European legislation in force.
www.damius.com cannot be held responsible for the non-performance of the contract in case of out of stock or unavailability of the product, major force, disruption or total or partial strike including postal services and means of transport and / or communications.
www.damius.com cannot be held responsible for any indirect damage that may occur due to the purchase of products.
The total or partial inability to use the products, due in particular to an incompatibility of material can not engage the responsibility of www.damius.com nor give rise to any compensation or refund.
The www.damius.com website also contains information from third parties and links to other websites. www.damius.com will in no way be held liable for damages resulting from the use of, access to, or inability to use such third-party information, or the content of other sites web.
13. Not partially valid
If one or more stipulations of the present general conditions of sale are held for invalid or declared as such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their strength and reach.
14. No waiver
The fact for one of the parties not to claim a breach with the other party to any of the obligations referred in these terms and conditions of sale cannot be interpreted for the future as a waiver the obligation in question.
15. Applicable law
Sales of SARL LOISIR MOBILITÉ / TRICYCLE EVASION products on the www.damius.com website are subject to French law.
16. Computers and Liberties
The information collected by www.damius.com at the time of any order of the Purchaser is necessary for the management of its order by www.damius.com and its commercial partners.
In accordance with the Data-processing law and Freedoms n ° 78-17 of January 6th, 1978, the Buyer has a right of access, rectification, opposition and suppression to the data concerning him at www.le-tricycle- francais.fr.
17. Customer Service and Order Tracking
For any information the Buyer can contact customer service by email or phone