GENERAL TERMS AND CONDITIONS OF SALE
A/ GENERAL TERMS AND CONDITIONS OF SALE APPLICABLE TO THE SALE OF MATERIAL GOODS
The online store of the website Infokarate.com, has been put in place by Foltzer Alain, 11 Allée des frénes, 87220 BOISSEUIL - France, which is the operator of this site. Any order under a product appearing within the online shop of the web site infokarate.com requires prior consultation of these general conditions. Consequently, the consumer recognizes to be perfectly informed that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, to the extent that the customer wishes to order online the products presented within the framework of the shop website.
The consumer has faculty to safeguard or publish the present general conditions, being specified that as well the safeguard as the edition of this document concern its only responsibility. The consumer, before his order, declares that the acquisition of these products is unrelated to an activity of resale of these same goods. As a consumer, the customer therefore benefits from specific rights, which would be called into question in the case where the products or services acquired within the framework of the web site infokarate.com would actually have a relationship with an activity of resale of the products.
The online shop set up by Alain Foltzer, in the framework of the web site infokarate.com lists the following information :
- legal notice allowing a precise identification of infokarate.com
- presentation of the essential characteristics of the goods offered
- indication in Euros the price of goods, as well as, where appropriate, delivery charges
- indication of payment, delivery or execution
- the existence of a right of withdrawal
- the duration of validity of the offer or the price
- the conditions for terminating the contract when the contract is of unspecified duration or a duration exceeding one year
- All these information are presented in French language. The consumer states have full legal capacity allowing him to engage under these general terms and conditions
Article 1 : Entirety
The present general conditions express the entire obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions contained in these general terms and conditions. No general or specific condition appearing in documents sent or given by the consumer may be incorporated herein, since these documents are inconsistent with these terms and conditions.
Article 2 : Object
The present general conditions have for object to define the rights and obligations of the parties under the online sale of goods and services offered by infokarate.com to the consumer.
Article 3 : contractual Documents
The present contract is formed by the following contractual documents, presented by decreasing hierarchical order : present general conditions; the purchase order. In case of contradiction between the provisions contained in the documents of different ranks, the provisions of the document of higher row will prevail.
Article 4 : Entry into force - duration
The present general conditions come into force on the date of signature of the purchase order. The present general conditions are concluded for the duration necessary for the provision of goods and services purchased, until the extinction of guarantees owed by infokarate.com.
Article 5 : electronic Signature
The "double click" the consumer on the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6 : order Confirmation
The contractual information will be subject to a confirmation by e-mail no later than the time of delivery or, in default, to the address indicated by the consumer within the purchase order.
Article 7 : Proof of the transaction
The computerized registers, preserved in the computer systems of infokarate.com in conditions of reasonable safety, will be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is made on a reliable and durable can be produced as evidence.
Article 8 : product Information
8-a : infokarate.com presents on its website products to sell with the necessary characteristics which allow to respect the Article L 111-1 of the consumer Code, which provides the possibility for the potential consumer to know before taking final order the essential characteristics of the products they wish to buy.
8-b : offers presented by infokarate.com are only valid within the limits of available stocks.
Article 9 : Price
The prices are indicated in euros (All taxes included) in euros and are valid as of the date of the mailing of the order by the consumer. They do not take into account expenses of delivery, invoiced in supplement, and indicated before the validation of the order. . As a result of infokarate.com, no VAT is applicable neither on the products nor on the costs of delivery or shipping (art. 293 B of the CGI). The payment of the full price must be made when ordering. At no time, payments can not be considered as deposit or deposits.
Article 10 : Mode of payment
To regulate his order, the consumer has, at its option, of all modes of payment aimed within the purchase order. The consumer guarantees infokarate.com that it has the authorizations possibly necessary to use the mode of payment chosen by him, during the validation of the order. infokarate.com reserves the right to suspend any management of order and any delivery in case of refusal of authorization of payment per bank card on behalf of officially accredited bodies or in case of non-payment. infokarate.com reserves the right to refuse to make a delivery or to honour an order emanating with a consumer who would not have regulated completely or partially a preceding order or with whom a payment dispute is being of directors.
Article 11 : Availability of products
The order will be executed no later than within 3 days from the day following that on which the consumer placed his order. In case of unavailability of the ordered product, especially because of our suppliers, the consumer will be informed at the earliest and will have the opportunity to cancel the order. The consumer will then have the choice of requesting either a refund of amounts paid within 30 days at the latest of their payment, or exchange of the product.
Article 12 : Modalities of delivery
The products are delivered to the address indicated by the consumer on the purchase order. The consumer is held to check the state of the packaging of the goods upon delivery and report damage to the carrier on the delivery, as well as infokarate.com (06 29 07 19 69), in a period of a week. The consumer may, at its request, obtain sending an invoice to the billing address and not the delivery address by validating the option envisaged for this purpose on the purchase order. Regarding shipping, we work essentially with Colissimo for the products of low volume. As soon as we proceed to a sending, you receive an email informing you.
To minimize transportation costs , all products of low and moderate congestion are shipped by postal service Colissimo. In addition to being economical, this service delivers in 48H/72H in France and offers the possibility of recovering the goods ordered at your post office near the delivery address in case of absence of the place of initial delivery during the presentation of the factor. Specifically, if you are absent the day of delivery, your postman will leave a delivery notice in your mailbox, which will allow you to withdraw your parcel at your Post office during opening hours, within a period of 15 days. Colissimo is a very reliable service. However, it may be, as in any expedition, there may be a delay in delivery or the product gets lost. In case of delay of delivery compared to the time estimated as we have indicated in the product pages, we ask you to announce us this delay by calling us by phone or by sending us an email. We will then contact la Poste to start an investigation. A Poste investigation can last up to 21 days from the date of commencement of the investigation. If during this period, the product is found, it will be re-routed immediately to your home (most cases). If however the product is not found at the end of the period of 21 days of investigation, the Post considers the package as lost. It is only then that we can send you a replacement product at our expense. If the ordered products were not available at this time, we will refund the amount of the products concerned lost by the transporter. If the products were still available, but had changed selling prices on the site, we would apply the new selling prices, either by refunding you by cheque of the difference, or by requiring a complementary cheque relating to this price difference. We disclaim all responsibility for the longer delivery times because of carrier, especially in case of loss of products or strike.
Article 13 : delivery Problems due to carrier
Any anomaly concerning the delivery (damage, missing product compared the delivery order, damaged parcel, broken product...) should imperatively be mentioned on the delivery form of "handwritten reserves", accompanied by the signature of the customer. The consumer will have parallel confirm this anomaly by sending the carrier within two (2) business days following the delivery date a mail recommended with acknowledgement of delivery exposing the aforementioned complaints. The consumer will have to transmit copy of this mail by simple mail to :
11 Allée des frénes
Article 14 : delivery Errors
14-a : The consumer must make to infokarate.com on the same day of the delivery or at the latest the first wrought day following the delivery, any complaint of error of delivery and/or non-conformity of goods in kind or in quality compared to the indications being reproduced on the purchase order. Any complaint formulated beyond this deadline will be rejected.
14-b : The formulation of this claim with infokarate.com can be made : - primarily by phone 06 29 07 19 69 Monday to Friday, between 9h and 19h., - by e-mail : contact@Infokarate.com where through the menu "contact us" by specifying the reference of the order.
14-c : Any complaint not made in rules defined above and within the time limits could not be taken into account and release infokarate.com of any responsibility towards the consumer.
14-d : upon receipt of the complaint, infokarate.com assign a number exchange of the product(s) concerned(s) and communicate by e-mail, or by telephone to the consumer. The exchange of a product can take place only after the allocation to the consumer a number of exchange according to the approach presented above.
14-e : In case of error of delivery or exchange any product for exchange or refund must be returned to infokarate.com in its entirety and in its original packaging, in Colissimo Recommended at the following address :
11 Allée des frénes
To be accepted, any return will be reported prior to Customer Service infokarate.com.
Shipping costs are the responsibility of infokarate.com except in the case where it would prove that the taken again product does not correspond to the original declaration made by the consumer in the good of return.
Article 15 : Guarantee of products
In accordance with Article 4 of the decree n°78-464 of 24 march 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee against all consequences of latent defects of the thing sold. The consumer is expressly informed that infokarate.com is not responsible for the consequences related to the implementation of the video footage is provided on DVD media or downloadable sold by infokarate.com. The application or situation for students, children, adolescents, or adults within a private or public, individual or collective, exercises, games and teaching situations available in the instructional videos sold by infokarate.com is the responsibility of the teacher, instructor or facilitator in charge of the pedagogical act. In any case, infokarate.com or Alain Foltzer creator of educational content offered for sale as a DVD or download, will not be held responsible for any accident or injuries because of to the development situation or the implementation of exercises, games and teaching situations available in the instructional videos sold by infokarate.com.
Article 16 : Right of withdrawal
The consumer has a period of 14 working days to return, at his expenses, the products not agreeing to him. This period runs from the date of delivery of the order to the consumer. If this period expires on a Saturday, a Sunday or a public holiday or been unemployed, it is extended until the first following working day. All returns must be reported prior to the infokarate.com : - primarily by phone 06 29 07 19 69 Monday to Friday from 9h to 19h, - by connecting you on our site which, after you have accessed your account, you will be able to fill a request for return of product from the form for this function. The product must be returned to Colissimo Recommended :
11 Allée des frénes
Products such as CDs, DVDS, should not have been unsealed so that the consumer can exercise the right of withdrawal.
The videos downloadable, or products offered in the download may not in any case be the subject of a withdrawal or a refund.
Will only products returned in their entirety, in their original packaging complete and in perfect state of resale. Any product that has been damaged will be neither refunded nor exchanged.
This right of retractation is exerted without penalty, except for return shipping costs. In the case of the exercise of the right of withdrawal, the consumer has the choice to ask either for the refund of monies paid, or exchange the product. In the case of an exchange, the reforwarding will be done at the expense of the consumer.
In case of exercising the right of withdrawal, infokarate.com will make every effort to reimburse the consumer within 15 days. However, given the technical nature of products sold, this period may be extended to 30 days, in particular when the product needs a technical checking (cf produced having to be tested in advance).
The consumer will then be refunded by recrédit of his bank account (secure transaction) in case of payment by credit card, or by cheque in other cases.
Article 17 : Rights of use
The right of use of videos infokarate.com, as well as those distributed by it, is granted to the consumer on a purely nonexclusive, personal and nontransmissible basis, in accordance with the Code of Intellectual Property. However, under Article L122-6-1 of this Code, the consumer has a right of reproduction exclusively for the establishment of a backup copy, when it is necessary to preserve the use of the video. In any case, the author of the video, Alain Foltzer, retains a right of ownership over his work, the consumer agrees to comply.
Article 18 : Force majeure
None of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Be considered fortuitous event or force majeure all compelling facts or circumstances, outside parties, unpredictable, inevitable, independent of the will of the parties and which could not be prevented by these last, despite everything the reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware. The two parts will approach then, within one month, except impossibility due to force majeure, to examine the impact of the event and agree of conditions in which the execution of the contract will be continued. If the case of force major has a duration of more than three months, these terms may be terminated by the aggrieved party. In way express, are regarded as cases of force majeure or fortuitous events, besides those usually retained by the jurisprudence of courts and tribunals French : blocking means of transportation or supplies, earthquakes, fires, storms, floods, lightning; stop telecommunication networks or difficulties specific to telecommunication networks to external customers.
Article 19 : No partial validation
If one or more stipulations of these general conditions are held for nonvalid or are declared such in application of a law, a regulation or following a final decision of a court of competent jurisdiction, the other stipulations shall retain their entire force and scope.
Article 20 : Not renunciation
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver the obligation in question.
Article 21 : Title
In case of difficulty of interpretation between any of the titles heading the clauses and any clauses, the titles will be declared non-existent.
Article 22 : applicable Law
The present general conditions are subject to French law. It is thus for the rules of funds as for the rules of form. Any dispute relating to its application, its interpretation or its execution, will be subject to the jurisdiction of the Courts of Rennes (France).
Article 23 : data protection
The information requested from the consumer are required to process the order and will be communicated to the contractual partners of Infokarate.com intervening within the framework of the execution of this order. The consumer can write to Infokarate.com to oppose such disclosure or to exercise its rights of access, rectification to the"respect to information concerning and contained in files of infokarate.com, in the conditions provided by the law of 6 January 1978.
Been to Boisseuil, France, July 18, 2017