GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The present general conditions of sale shall define the rights and obligations of the parties in the framework of past sales on the website. These sales are followed by delivery in the European Community, therefore they cannot be applicable in case of purchase at the store Un Air de Voyage or in the context of sales made by telephone or by any other means.
The confirmation of the order by the purchaser (the "Client") entails full acceptance of the general conditions of sale which shall prevail over all previous versions and which the customer acknowledges having read prior to the command.
They also inform the customer about the conditions and steps required to the processing and the monitoring of their order. Un Air de Voyage reserves the right to modify the present general conditions of sale at any time.
The conditions applicable are those in force on the site at the time of the order.
In application of article 1124 of the Civil Code, we do not make contracts with minors.
2. OUR PRODUCTS
2.1 GENERAL DESCRIPTION OF THE PRODUCTS AND CONTENT OF THE SITE
The products are presented in accordance with the applicable regulations in the matter, including the mentioning of the essential characteristics of each product on the website.
The pictures, colors and shapes are represented for the technical amenities of the site but do not presume the sizes, colors and real shapes that are given in the description of the product.
The prices and delivery costs are applicable on the day of the order, with no subsequent charge applicable.
2.2 AVAILABILITY OF THE PRODUCTS
The products presented on the website and identified as available for sale online, are proposed within the limit of stocks available and subject to availability from “Bymrsimon” ‘s suppliers. It may occur that exceptionally an old product is being purchased at the same time in one of our stores or on our website, leaving us no time to remove this product from our website. In this case "Bymrsimon" agrees to repay the full amount of the purchase to our client without payment of damages and interest for the prejudice suffered. In the case of unavailability of the product, "Bymrsimon "undertakes to inform the customer as soon as possible by any means.
3. ORDERS
To place an order, the client must have a computer, an Internet connection and a valid email address. The telecommunications charges such as the Internet and website use are borne by the client.
3.1 ORDERING PROCESS
The Client must follow the different steps specified on the webite. Any order placed will be confirmed by a confirmation e-mail from "Bymrsimon ".
3.2 ACCEPTANCE OF THE ORDER
The order is closed for the customer once the confirmation order by "Bymrsimon", and it is closed for "Bymrsimon" as from the validation of the regulation. Each order will be the subject of a confirmation by "Bymrsimon" by the sending of an e-mail confirmation.
3.3 CHANGES TO AN ORDER
If the customer wishes to change their order, the modification must be expressly approved by "Bymrsimon", and may thus lead to an increase in price, as well as changes to the delivery date.
4. PRICE / PAYMENT
4.1 PRODUCTS PRICES
The prices displayed in euro shall be construed inclusive of all taxes and without cost of delivery, which are borne by the customer. "Bymrsimon " reserves the right to modify its prices at any time before the order is taken. Indeed, the products and services are billed based on the rates in force at the time of registration of the order.
These prices are applicable in the context of the website. In no case can they be applied in the store (and vice versa).
The goods will be available without delivery costs at the store "Un Air de Voyage", 5 Rue Gustave Eiffel, 63800, Cournon, Auvergne, France.
The customer requesting delivery services accepts that the sale price will be increased according to the fee indicated before validation for the payment of the order.
4.2 INVOICING
An invoice, being also the warranty, is issued for each confirmed order and will be sent by mail to the customer.
4.3 DELIVERY COSTS
Carriers selected by “Bymrsimon” must carry out delivery of the products. These charges will be displayed for each product for the entire metropolitan France, except Corsica and the French Islands, and to the European Community. For deliveries to Corsica or outside metropolitan France, the fee will be reviewed on a case-by-case basis and sent by email to the customer who will have made the request by email at: bymrsimon@gmail.com.
4.4 PAYMENT
Payment is made in euro and in full at the time of ordering, by credit card, by check or by Paypal.
Bank cards accepted on the website are the following: Visa, Master Card and cards accepted by our bank, Crédit Agricole, or through Paypal.
5. DELIVERY
5.1 TERMS OF DELIVERY
Deliveries indicated on the product sheet are only made in metropolitan France and in the European Community by carriers selected by "Bymrsimon". Delivery costs are the responsibility of the customer as well as the cost of assembling if there is one.
In cases where the availability dates of specific products from an order are different, the delivery date in its entirety will then be for the furthest availability date.
The delivery time is indicated at the time of the order by the buyer, it is generally 10 to 15 business days for all products in stock. For products on measurement or temporarily not available contact us for delivery times by mail: bymrsimon@gmail.com or by phone: 04.73.84.93.83.
It is important that the customer checks, before placing an order, that the access to the delivery location (except through windows) is compatible with the specifications of the products to be delivered (stairwell, door, corridors, etc.) and that they can be routed to the delivery location by regular ways (narrow street, pedestrian street, etc.).
In case of the customer being away, or of the inability to deliver the product on the agreed date because of a lack of information provided by the customer (too narrow staircase…), the carrier will fix a new delivery date and the customer will have to bear the costs.
The product risks are then transferred onto the customer at the time of receipt of the package by the latter.
The risks associated with transportation are supported by "Bymrsimon", under the condition that the customer has verified the goods at the time of their receipt in the presence of the carrier, and that the customer has signified in writing whatever issue they may have observed. The client must also contact us by email: bymrsimon@gmail.com or by phone: 0473849383.
5.2 DELAYS
In accordance with the provisions of article L 114-1 of the Consumer Code, in case of a delay of more than 7 days from the delivery date stated on the purchase order, for any other cause than force majeure, the customer has the right to cancel the order with reimbursement of the sums paid. The customer must exercise this right through a registered letter to Un Air de Voyage, 5 Rue Gustave Eiffel, 63800, Cournon, within 60 business days following the expiration of the anticipated delivery date. The contract will be considered as broken upon reception of the letter if the product has not been delivered between the sending and reception of the letter.
The reimbursement of the product will be by any means of payment, as soon as possible and within 30 days of the receipt by Un Air de Voyage of the registered letter with acknowledgment of receipt of the cancellation of the order. The customer will not be entitled to any penalty or interest for a late payment.
5.3 RECEPTION AND CLAIMS
During delivery and in the presence of the carrier, the Client must verify the state of the packaging and compare the references of the package with those contained on the delivery note.
If the delivery is not consistent with the order or if the customer found apparent defects in the presence of the carrier or when unpacking, a claim can be made with "Bymrsimon" by phone: 0473849383.
The accepted claims by "Bymrsimon" will allow for an exchange of the defective or non-compliant product, or the reimbursement in the case of unavailability of the product in stock or from suppliers. The carrier carries out the return of the product and the costs are borne by "Bymrsimon".
6. GUARANTEE OF PRODUCTS
The customer benefits from the legal warranty of conformity of the product and against hidden defects and under the conditions laid down by the provisions of the Consumer Code and the Civil Code: article L. 211-4, L. 211-5, L. 211-12 of the Consumer Code and article 1641, 1648 paragraph 1 of the Civil Code.
7. RESPONSIBILITY
The responsibility of "Bymrsimon" in regards to the products delivered is limited to the price of the defective or non-compliant product subject to legal or commercial guarantees applicable, and to all other resort allowed by law.
"Bymrsimon" shall not be liable for the compensation of consequential damages or all other financial damages suffered by the customer or a third party.
In any case, the "Bymrsimon" responsibility cannot be accepted in case of breach of any of its obligations due to a fortuitous event or force majeure.
8. RIGHT OF WITHDRAWAL
In accordance with the provisions of article L 121-20 of the Consumer Code, the buyer has a delay of 7 days without having to justify reasons or to pay any penalties to exercise his right of withdrawal. That period shall run from the date of delivery of the product, allowing them to cancel all or part of the order and to return the product at their own expense. This option does not apply to goods manufactured according to the customer's specifications or clearly personalized, or which, because of their nature, may not be re-shelved or are likely to deteriorate rapidly.
The customer must send a registered letter to acknowledge reception of the product to the store: Un Air de Voyage, 5 Rue Gustave Eiffel, 63800, Cournon, mentioning that they would like to withdraw their order.
In any case, the return fee will be charged to the customer and the products will be returned at the cost and risk of the customer in their original packaging, in perfect operating condition (not used, non-dirtied, not damaged) and accompanied by all accessories. The risk will be transferred to "Bymrsimon" once the goods have been received and reviewed by our services.
On receipt of the goods, "Bymrsimon" will undertake a thorough review of the product. It will not be accepted for goods presenting: scratches, spots, tears or any other minor or major damage that do not allow the re-marketing of the product. In this case, no repayment will be payable.
If the goods do not present anomalies, "Bymrsimon" will refund the buyer the cost of the product.
The order will become firm and final if the customer has not exercised his right of withdrawal within 7 working days following the delivery of the goods.
9. INTELLECTUAL PROPERTY
The elements contained on the website including the logos, registered trademarks, texts, photographs, drawings, models or tables are protected under the trade marks of the intellectual property and copyright laws.
10. NOMINATIVE INFORMATION
The personal information (name, address, etc.) requested from the customer is necessary for the process of their order, to respond to requests for information and commercial relations with Un Air de Voyage. The customer has a right of access, of rectification, of opposition and the right to delete this data, in accordance with the provisions of the "Computing and Liberties" act of January 6, 1978. To exercise this right, the customer should address their request to bymrsimon@gmail.com
11. APPLICABLE LAW / COMPETENCE
The present conditions are subject to French laws.
In case of a dispute, the parties will endeavor to find an amicable solution. In the case where no amicable solution would be possible, any judicial action will be to the jurisdiction of the courts of common law.
12. RESPONSIBILITY
For all the stages related to accessing to the website, the ordering process, delivery or later services, "Bymrsimon" remains a provider.
The "Bymrsimon" responsibilities will not be extended to all the inconveniences or damages inherent in the use of the Internet network, including a breakdown of the service, an external intrusion or the presence of computer viruses or any fact qualified of force majeure in accordance with the jurisprudence.