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ARTICLE 8 EUROPEAN ENVIRONMENT TAX:
UNDER DECREE 2005-829 OF 20 JULY 2005, ALL THE PRICES OF ELECTRICAL AND ELECTRONICGOODS FROM THE WEBSITES OF ACHATS SANS FRONTI?RES SHALL INCLUDE AN ENVIRONMENTTAX, WHICH SHALL DEPEND ON THE WEIGHT AND NATURE OF THE ITEMS. FOR ANAVERAGE-WEIGHT WATCH, THE TAX IS GENERALLY 0.1 CENT.
ARTICLE 9 PRICES:
The pricesare stated in USA Dollars , all the invoices for metropolitan france or otherscountry shall be made except taxes or vat . The prices include the costsrelating to the processing of the orders, which includes the price of the products,the cost of handling, packaging and storing the products, transport andstarting up charges (typographical errors excepted). Because of the particularcharacteristics of the prices of the products presented (regular variation ofthe prices of precious metals and other raw materials), the price of theproducts sold from the website or made to order may be revised upwards or down.They shall be subject to change at all times without notice, and products shallbe charged at the price applicable when the order is taken.
All theorders shall be invoiced in USA Dollars and payable in USA Dollars .
For alldeliveries outside metropolitan France or others country , any taxes, customsduties or local taxes shall be paid by the Customer. For other countriesoutside metropolitan France, the prices shall be quoted exclusive of taxes .
ARTICLE 10 PAYMENT:
The Customer has a choice of payment methods offering maximum security guarantees. Payments may be made by bank card - Carte bleue, Visa card, MasterCard or American Express card ....
For payments with a bank card, the Customer shall state the card number, date of validity and the security code (three-digit number on the back of the bank card).
Achats Sans Fronti?res guarantees payment security using the SSL (Secure Socket Layer) encryption system, which is a very secure system for payments on the Internet, so as to protect all the payment method data as effectively as possible.
By PayPal, if you have a PayPal account. State your email address associated with your confidential PayPal code.
Payments may be made by international transfer account in Dubai . Make a transfer order with the number given at the end of the order and send it to the bank account of Achats Sans Fronti?res given below :
A) International transfer (International Bank Account Identifier):
IBAN (International Bank Account Number)
Account owner : E. Fikre Teferi ( Attention : Mr. Abdallah Deberkaleh )
Account Number : 1102599826901
Adresse and Name of the bank in Dubai :
EMIRATES National Bank of Dubai
P.O.Box N*777
DUBAI ( Deira )
United Arabe Emirates
SWIFT CODE : EBILAEAD
Notice : Please note in your transfer money : your code ORDER NUMBER and mention for the account of : Mr. Abdallah DEBERKALEH
Other means of payment may be indicated on the website such as transfer money companies : Western Union, Moneygramm , Pay pal etc...
ARTICLE11GUARANTEE (MONEY BACK, REPLACEMENT, REFUND, CANCELLATION, EXCLUSIONS):
ARTICLE 11.1 GUARANTEE:
The provisions of these terms shall not affect the legal guarantee offered by a business vendor to consumers in respect of all the consequences of the latent defects of the item sold.
Customers are expressly informed that the Vendor is not the manufacturer of the products presented on the Vendor's website and that the Vendor shall not be liable for any defective products.
As a result, if any damage is caused to a person or property due to a defect in a product, only the manufacturer of the product shall be liable towards the Customer and Customer shall identify the manufacturer from the information on the packaging of the said product.
Before returning a product, the Customer shall imperatively contact the Vendor by email to obtain a return number. No return shall be accepted without such a return number.
The products supplied by Achats Sans Fronti?res are new and guaranteed to be free of defects and are identical to those of conventional commerce.
If an article is defective or non conforming, the Vendor agrees to replace it or refund it providing it is returned to the Vendor in its original packaging along with all the documents of Achats Sans Fronti?res (invoice, order form, guarantee certificate and other documents) within seven (7) days of the receipt of the parcel by recorded delivery imperatively to the following address:
Achats Sans Fronti?res ( Mr. Abdallah Deberkaleh )
C/O : Trust Best Air cargo services LLC Dubai
P.O.BOX Number : 25 12 35
Dubai ( Abu-Hail )
United Arabe Emirates
Tel: 00 971 50 7055 109
Products that are returned incomplete, damaged or in packaging other than the original packaging shall not be accepted or replaced. All products shall be returned in their original packaging in perfect condition. The original packaging shall be protected during transport back to the Vendor (box, brown paper etc.)...
The Customer shall pay the costs of returning the goods (insurance included) by recorded delivery with acknowledgment of receipt, and such costs shall not in any event be refunded for any reason.
If all the conditions for return are met and if a refund for the goods has been requested, the Vendor guarantees that it shall refund the price of the product (excluding shipping charges) according to the initial payment mode within a time of 30 days or less following the date of receipt of the returned parcel.
No cash payment on delivery shall be accepted for any reason. Customers may contact the Logistics of the company in our contact numbers in the website .
ARTICLE 11.2 CANCELLATION:
The right to a "cooling off" period is only available to natural persons. In accordance with articles L. 120-20, the Customer may return any products that they do not wish to keep within seven (7) calendar days at their own cost. The period begins on the date of receipt of the order by the Customer.
All returns shall be reported in advance to the Customer Service department of the Vendor.
The product shall be returned to the ADDRESS OF THE VENDOR;
Before any return, the Customer shall imperatively contact the Vendor by email so as to obtain a return number, without which no return will be accepted. For products to be taken back, they shall be returned in totality, in complete and intact original packaging and in perfect condition for resale. The Customer returns the product at their own risk.
If a product is damaged or its original packaging deteriorated, it shall not be refunded, taken back or replaced.
That right to cancellation shall be with no penalty, with the exception of shipping and return costs.
If the right to cancellation is exercised, the Customer may either ask for a refund of the amount paid or a replacement of the product.
In the latter case, shipment of the replacement shall be at the cost of the Customer.
If the Customer exercises its right to cancellation, the Vendor shall do its best to refund the Customer within thirty days.
ARTICLE 11.3 EXCLUSION CLAUSE :
They shall not be replaced or refunded. If a product is not available or if the time required is greater than 15 days, the Vendor agrees to contact the Customer by telephone or email to offer another time or cancel the order.
In the latter case, the Vendor agrees to immediately refund the Customer by means of a transfer to the Customer's account or a by cheque, depending on the initial payment method.
ARTICLE 11.4 OTHER EXCLUSION CLAUSES :
Items made to order for reasons relating to hygiene, and to perfumes and incenses where the original packaging seal has been broken. These products shall be covered by the exclusion clause.
ARTICLE 11.6 GUARANTEE EXCLUSIONS:
Rights of use: The use of the trademarks presented on the website is strictly forbidden (unless otherwise permitted expressly by the legal representative of the trademark).
ARTICLE 12 TRANSFER OF OWNERSHIP ? TRANSFER OF RISKS:
The transfer of ownership of the products to the Customer shall only be complete after the price of the products is paid in full, regardless of the date of delivery of the said products.
On the other hand, the transfer of the risks of loss or damage to the products shall be complete upon the delivery and receipt of the said products by the Customer.
ARTICLE 13 PROTECTION OF PERSONAL DATA (RIGHTS OF THE CUSTOMER):
The data provided by the Customer will be used for the online purchase and the processing of orders. Under the Information Protection Act 78-17 of 6 January 1978, the Customer has the right to rectify, view, modify or delete the data held by the Vendor. That right may also be exercised online.
ARTICLE 13.1 RIGHT OF ACCESS AND RECTIFICATION (ETHICS):
In order to protect the privacy of Customers, Achats Sans Fronti?res is committed to handling all their personal data with the utmost confidentiality.
For making purchases, Customers are only asked to provide indispensable information (name and first name, email address) for the efficient processing and tracking of their order. The data entered online are saved on a secure server and immediately encrypted.
Customers may receive offers from other companies or bodies as a result of their purchase with the Vendor, or be informed of the Vendor's offers by email, telephone or post. To unsubscribe from these offers, Customers only have to contact the Vendor (and state their name, first name, address and email) by post at:
Achats Sans Fronti?res
Customer Service department
P.O.Box N* 251235
DUBAI - ABU HAIL
U.A.E.
ARTICLE 13.2 DUTIES OF THE VENDOR:
The Vendor reports all is files to the Commission Nationale de l'Informatique et des Libertés, and its accreditation number is : 1341068 du 19-01-2009 (CNIL 21 rue saint guillaume 75340 Paris cedex 7 France).
ARTICLE 14 RESPONSIBILITY:
The products presented in the databases of Achats Sans Fronti?res have been entered on the basis of information given by manufacturers and craftsmen. Achats Sans Fronti?res shall not be responsible for the content of the information and shall not be liable towards the Customer. The products offered shall meet applicable French legislation. Achats Sans Fronti?res shall not be liable for any failure of the delivered product to comply with the legislation of the country of delivery (censorship, ban or other legislation).
ARTICLE 14.1 INTELLECTUAL PROPERTY:
All the elements of the website www.asf-dubaishop.com are and shall remain the exclusive intellectual property of Achats Sans Fronti?res. No part of the elements, whether software, visual or sound, may be reproduced, reused or utilised in any way for any reason. No simple or hypertext link may be set up without the express consent of Achats Sans Fronti?res.
ARTICLE 14.2 ARCHIVAL ? PROOF:
Achats Sans Fronti?res shall archive the orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of the standard terms of sale of Achats Sans Fronti?res, by reference to article 1348 of the Civil Code.
The computerised registers of Achats Sans Fronti?res shall be considered by the parties to be proof of communication, orders, payments and transactions between the parties. Achats Sans Fronti?res shall not be liable for the content of the websites on which hypertext links may direct Customers from its own website (hacking & phishing etc.)
ARTICLE 14.3 FORCE MAJEURE CIRCUMSTANCES:
None of the parties shall be deemed to have failed to fulfil its contractual obligations if such fulfilment is delayed, hindered or prevented by a force majeure circumstance.
All inescapable circumstances not attributable to the parties that are unforeseeable, unavoidable and out of their control and cannot be prevented by the parties in spite of all reasonably practicable efforts shall be considered to be force majeure circumstances.
The party affected by such a circumstance shall inform the other within ten working days of its becoming aware of the same.
The two parties shall then come together within three months, except if that is impossible due to the force majeure circumstance, to examine the effect of the event and agree to the terms on which the fulfilment of the agreement can be pursued. If the force majeure circumstance continues for more than one month, these standard terms of sale may be terminated by the injured party.
It is expressly agreed that in addition to the circumstances accepted by the jurisprudence of the courts and tribunals of France, the following shall be considered to be force majeure circumstances: blocking of means of transport, earthquake, fire, storms, flooding, lightning, shutdown of telecommunications networks or difficulties specific to the telecommunications networks outside those of the Customers.
ARTICLE 14.4 PARTIAL INVALIDITY:
If one or more provisions of these standard terms of sale are ruled to be invalid or declared to be null and void under a law, regulation or a final ruling from a court having jurisdiction, the other provisions shall continue to retain all their force and effectiveness.
ARTICLE 14.5 NO WAIVER:
The failure by any party to not demand fulfilment by the other party of any of its obligations hereunder shall not constitute a future waiver of the enforcement of the obligation in question.
ARTICLE 15 AGE:
The Customer hereby declares that they are authorised to enter into this agreement, i.e. that they is not legally under age or under guardianship or wardship and that they agree not to purchase products from the website of Achats Sans Fronti?res with a view to selling them on.
ARTICLE 16 ACCEPTANCE BY THE CUSTOMER:
These standard terms of sale and the prices have been expressly agreed and accepted by the Customer, who declares and recognises that they are fully aware of them and therefore agrees not to put forward any contradictory document, and particularly their own standard terms of purchase. The placing of an order shall entail the acceptance of these standard terms of sale.
These standard terms of sale shall be modifiable at all times without notice.
ARTICLE 17 REGISTERED TRADEMARK:
Achats Sans Fronti?res is a trademark that has been registered with the French Intellectual Property Body (I.N.P. I.) in Strasbourg under number 06 3 465 788 registered on 28 NOVEMBER 2006 ( www.inpi.fr) .
ARTICLE 17.1 COPYRIGHT:
All designs, photographs, images, names and graphics on this website have been reserved by copyright and under intellectual property rights in France and across the world by Achats Sans Fronti?res.
Any use of the same without permission from Achats Sans Fronti?res shall constitute an infringement.
Reproductions, including partial reproductions, are strictly forbidden without written permission from Achats Sans Fronti?res.
ARTICLE 18 APPLICABLE LAW (DISPUTES):
99% of the customers are satisfied with the service, but if that is not so, the Customer shall contact us by email with the order number and the reason for dissatisfaction. The Vendor shall then endeavour to rapidly find an amicable solution to the dispute. All complaints and challenges shall be received favourably and studied very attentively.
In the event of a dispute, the placing of an order from the Vendor's website constitutes the unrestricted acceptance by the Customer of the Standard Terms of Sale of the Vendor.
In the event of sales to a legal entity, any dispute relating to the sale (price, terms, products etc.) shall be governed by the laws of France and brought before the Commercial Tribunal having jurisdiction over the registered office of the Vendor in Strasbourg, France. That shall apply to issues relating to form and to the merits of the case.
© 2006, © 2007, ©2008 * 2009
Registration of names, trademarks and patents - France: Institut National de la Propriété Intellectuelle (I.N.P.I.- Strasbourg)
Copyright Office. ® 2006 by Achats Sans Fronti?res
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