General sales conditions of "AD PLUS DESIGN"


Article 1 : Application of the general sales conditions

These general sales conditions determine all the relations between the company "AD PLUS DESIGN" (SAS with a capital of 15000€, whose headquarter is "7 rue du Lycée, 64200 BIARRITZ, FRANCE, register at the R.C.S of Bayonne under the number: 808 786 792) and its clients.

These general sales conditions are systematically brought to the attention of each buyer when placing an order.

Accordingly, the fact of placing an order implies the full and unreserved acceptance of the buyer to these general sales conditions to the exclusion of all other documents, such as leaflet, catalogs issued by the seller, which have no indicative value.

Any contrary condition set by the buyer will be, in the absence of express acceptance, unenforceable against the seller regardless of when it may have been brought to his attention.

The fact that the seller does not prevail at any time of any general sales conditions, cannot be interpreted as a waver to avail any of the conditions later.

These general sales conditions cannot be changed at any given time and without prior warning by "AD+Design", the modifications are then feasible to all prior orders of this change.

The images illustrating the products, are not included in the contractual box. If some mistakes were inserted, in any cases the responsibility of "AD+DESIGN" can be on the line.

Article 2 : Buyer’s guaranty

"AD+Design" is willing to respect the legal guaranty hidden defects, within the meaning of the Article 1641 of the Civil code which provides: "The seller is bound by the guarantee by the reason of the hidden defects of the thing which render it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or would have given a lower price , had he known them."

The collected information on our website will not be used and will subjected to external communication only for the needs of management or to meet legal and regulatory obligations.

Nevertheless, if you accepted it when you registered on our website, you may receive certain special offers from us.

Article 3 : Ordering

"AD+Design" gives the confirmation of the order to its client via the following methods:
Email, phone call/text, fax, mail.

Nevertheless, the orders are will be final when the payment is received for the checks, the payment by transfer and the payment by either credit or debit card.

If the payment is done via payment on delivery, then in this case and only this case the confirmation on the website is the final confirmation. (the buyer accepts to pay the exact amount of the order to the transporter)

Product offers are valid while stocks last. In case of out of stock, the seller reserves the right to deliver a product with identical characteristics in size and quality.

"AD+Design" has the possibility to not give an order’s confirmation for any reason whatsoever, particularly with regard to the supply of products, a problem concerning the order received (unreadable document for example), an anomalous order or a predictable problem concerning the shipping. "AD+DESIGN" commit to inform its clients.

It is specified that any new order will be able to be placed only after regular payment by the customer of the sums due under his previous orders.

Article 4 : Delivery

The delivery will be made to the United States of America within set time limit to the intendent recipient. If the recipient is not there, he will receive a notice.

The information given by the buyer, when the order is made commit that person to: in case of an error on the wording of the buyer’s contact details (last name, first name, phone number, number and street name, postal code, city name, email address), the seller won’t be responsible if the delivery of the product is impossible.

The time of the delivery will be communicated as exact as possible. Delays in delivery time cannot give rise to damages.

However, if two weeks after the indicated delivery date, the product isn’t delivered, for any other reason than a force majeure, the sell may be done, and the purchaser obtains restitution of its price to the exclusion of any other compensation or damages

Will be considered a force majeure discharging the seller’s obligation to deliver, damages, administrative decision, transport cessation, natural damages, war, disturbance, fire, strike (especially the post office’s strikes), any accident and impossibilities to get the supplies.

The seller will let know the buyer in an opportune time, in case of one of those problems listed above.

In any theory, the delivery will be made on time only if the buyer is up to date with its obligation towards the seller.

Article 5 : Reception

Upon the reception of the goods, the buyer must immediately check the condition and conformity of his order. If the package is too damaged, the buyer must refuse it. All claims relating to a defect of the product delivered, an inaccuracy in the quantities or erroneous reference to the confirmation of the order by the seller, have to be written down within 48 hours after the reception of the order, if there is not any reclamation by that time, the reclamation won’t be accepted.

Article 6 : Returns-Terms and Conditions

Any product return as to be the subject of a formal agreement between the seller and the purchaser

Any accepted part-exchanged by the seller, in the case of an apparent defect, or of a non-compliance of the delivered product, that may be noticed by the seller, will allow the seller to obtain the free replacement or the restitution of a credit to the buyer’s profit, excluding every other compensation or damages. The product will have to be returned to the buyer in its original packaging within 48 hours.

Article 7 : Price

Products are sold at a price when the order is made.

Price mentioned on the order form is including every tax.
It incorporates the applicable TVA or any applicable tax.
The shipping costs are charged at a price that appears on the order form.

In accordance with the law of May 12, 1980, "AD+DESIGN" keeps the property of the product until the payment is fully made.

Article 8 : Payment

The price of the ordered products is wholly payable to AD+DESIGN as soon as you receive your order form from the order online, using either of the following methods:
- Credit/ debit card (secured online payment)
- PayPal (secured online payment)

We have set up a secured procedure payment for credit card on Internet. That procedure is based on information encryption technology, a real reference for secure payment.

How to make an order online with a credit card? While you are going to pay, you will put down your credit card number and expiration date, that will immediately be encrypted in your computer before it gets send to our bank (CREDIT AGRICOLE) via internet. Thus, no confidential information circulates on the network without having been previously encrypted.

The management payment is entirely managed by PayPal. You can use your PayPal account if you have one. If you do not have a PayPal account, you can pay using your credit card.

Article 9: Right to retract

Under the conditions provided by the articles L221-18 to L221-28 of the Consumer Code and in case of purchase by internet or telephone, the buyer has a withdrawal period of 14 days from the date of delivery of his good which will be refunded against return of products delivered. The buyer must return the goods in their original condition and packaging. Return is at the expense and risk of the buyer.

This right of withdrawal does not apply when the good is made at the request of the buyer or clearly personalized, which means a personalization on our website.

Article 10 : Dispute and applicable law

The present general sale conditions are of their validity, their interpretation and their execution, subjected to the French law.
In the absence of amicable resolution, all disputes relating in particular to the validity, interpretation or execution of these will be submitted to the courts of Bayonne, France.

Article 11 : Intellectual property and acceptance of conditions

By connecting to the website created by "AD+DESIGN", who holds of all the intellectual property rights, the client is prohibited from copying or downloading all or part of its content, except with the prior express authorization of "AD+Design".

These conditions are subject to change at any time without notice.

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