GENERAL TERMS AND CONDITIONS OF SALE
A/ GENERAL CONDITIONS OF SALE APPLICABLE TO THE SALE OF MATERIAL GOODS
The online store of the site Infokarate.com , was set up by Foltzer Alain, 11 Allée des frénes, 87220 BOISSEUIL - France, which is the operator of this site. Any order placed for a product appearing in the online store of the website infokarate.com presupposes the prior consultation of these general conditions. Consequently, the consumer acknowledges being fully informed of the fact that his agreement regarding the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented as part of the website shop.
The consumer has the option of saving or editing these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is unrelated to a resale activity of these same products. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired as part of the website infokarate.com would actually have something to do with a resale activity of the products.
The online store set up by Alain Foltzer, as part of the website infokarate.com mentions the following information :
- legal notice allowing precise identification of infokarate.com
- presentation of the essential characteristics of the proposed properties
- indication, in Euros, of the price of the goods, as well as, if applicable, the delivery costs
- indication of the terms of payment, delivery, or execution
- the existence of a right of withdrawal
- the validity period of the offer or the price
- the conditions for termination of the contract when it is for an indefinite period or for a period of more than one year
- All this information is presented in French. The consumer declares to have full legal capacity allowing him to commit himself under these general conditions
Article 1: Completeness
These general terms and conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions provided for in these general conditions. No general or specific conditions appearing in the documents sent or delivered by the consumer may be incorporated herein, as long as these documents are incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by infokarate.com to the consumer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these general terms and conditions; the order form. In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank will prevail.
Article 4: Entry into force - duration
These general terms and conditions enter into force on the date of signature of the order form. These general terms and conditions are concluded for the period necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by infokarate.com .
Article 5: Electronic signature
The "double click" of the consumer under 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 confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the consumer within the order form.
Article 7: Proof of the transaction
The computerized registers, kept in the computer systems of infokarate.com under reasonable security conditions, the proofs of communications, orders and payments between the parties will be considered. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8: Product information
8-a: infokarate.com presents on its website the products for sale with the necessary characteristics that make it possible to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before taking a final order the essential characteristics of the products he wishes to buy.
8-b: The offers presented by infokarate.com are valid only within the limits of available stocks.
Article 9: Prices
The prices are indicated including VAT (All taxes included) in euros and are valid only on the date of sending the order form by the consumer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. . Due to the fact ofinfokarate.com , no VAT is applicable either on the products, or on the delivery or shipping costs (Art. 293 B of the CGI). The payment of the entire price must be made at the time of the order. At no time can the sums paid be considered as a deposit or down payment.
Article 10: Method of payment
To pay for his order, the consumer has, at his choice, all the payment methods referred to in the order form. The consumer guarantees infokarate.com that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. infokarate.com reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. infokarate.com in particular, reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered.
Article 11: Availability of products
The order will be executed at the latest within 3 days from the day following the day on which the consumer placed his order. In the event of unavailability of the ordered product, in particular due to our suppliers, the consumer will be informed as soon as possible and will have the opportunity to cancel his order. The consumer will then have the choice to request either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
Article 12: Terms of delivery
The products are delivered to the address indicated by the consumer on the order form. The consumer is obliged to check the condition of the packaging of the goods upon delivery and to report the damage due to the carrier on the delivery note, as well as to infokarate.com (06 29 07 19 69), within one week. The consumer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form. As far as shipping is concerned, we mainly work with Colissimo for low volume products. As soon as we send a shipment, you will receive an email informing you.
To reduce transport costs as much as possible, all small or medium-sized products are shipped by a Colissimo post office service. In addition to being economical, this service delivers in 48H / 72H throughout France and offers you the possibility to pick up the products ordered at your post office near the delivery address in case of absence of the initial delivery place when the postman presents. Specifically, if you are absent on the day of delivery, your postman will leave you a notice in your mailbox, which will allow you to pick up your package at your post office during opening hours, within 15 days. Colissimo is a very reliable service. However, it may be, as in any shipment, that there may be a delay in delivery or that the product goes astray. In the event of a delay in delivery compared to the estimated delivery time that we have indicated to you in the product pages, we ask you to notify us of this delay by calling us by phone or by sending us an email. We will then contact the Post Office to start an investigation. A Postal survey can last up to 21 days from the start date of the survey. If during this period, the product is found, it will be re-sent immediately to your home (the majority of cases). If, on the other hand, the product is not found at the end of the 21-day investigation period, the Post Office considers the package as lost. Only then can we send you a replacement product, at our expense. If the ordered product(s) were no longer available at that time, we would refund you the amount of the products concerned by the loss of the carrier. If the product(s) were still available, but had changed their selling price on the site, we would apply the new selling prices, either by reimbursing you by check for the difference, or by requesting an additional check for this price difference. We decline all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products or strike.
Article 13: Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature. The consumer must at the same time confirm this anomaly by sending the carrier within two (2) working days following the delivery date a registered letter with acknowledgment of receipt setting out the said claims. The consumer must send a copy of this letter by simple mail to :
11 Allée des frénes
Article 14: Delivery errors
14-a: The consumer will have to formulate with infokarate.com on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality with the indications appearing on the order form. Any complaint made beyond this period will be rejected.
14-b: The formulation of this complaint to infokarate.com can be done: - first by phone at 06 29 07 19 69 from Monday to Friday between 9 am and 19 pm., - by email: contact@Infokarate.com , or through the "contact us" menu, specifying the order reference.
14-c: Any claim not made in accordance with the rules defined above and within the time limits will not be taken into account and will release infokarate.com of any responsibility vis-à-vis the consumer.
14-d: Upon receipt of the complaint, infokarate.com will assign an exchange number for the product(s) concerned and communicate it by e-mail, or by phone to the consumer. The exchange of a product can only take place after the consumer has been assigned an exchange number according to the procedure presented above.
14-e: In case of delivery error or exchange, any product to be exchanged or refunded must be returned to infokarate.com as a whole and in its original packaging, in Colissimo Recommended, at the following address :
11 Allée des frénes
To be accepted, any return must be reported in advance to the Customer Service of infokarate.com .
The shipping costs are the responsibility of infokarate.com , except in the event that it turns out that the returned product does not correspond to the declaration of origin made by the consumer in the return form.
Article 15: Product warranty
In accordance with Article 4 of Decree n ° 78-464 of March 24, 1978, the provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects of the thing sold. The consumer is expressly informed that infokarate.com is not responsible for the consequences relating to the implementation of the video sequences offered on DVD and downloadable media sold by infokarate.com . The application or situation with students, children, adolescents or adults within a private or public, collective or individual course, of the exercises, games and teaching situations proposed in the educational videos sold by infokarate.com is the responsibility of the teacher, teacher or facilitator in charge of the pedagogical act. In no case, infokarate.com or Alain Foltzer creator of the educational content offered for sale in the form of DVDs or downloads, can not be held responsible for an accident or injury due to the implementation or application of the exercises, games and teaching situations offered in the educational videos sold by infokarate.com .
Article 16: Right of withdrawal
The consumer has a period of 14 working days to return, at his expense, the products that do not suit him. This period runs from the day of delivery of the consumer's order. If this deadline expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the next working day. Any return must be reported in advance to infokarate.com : - first of all by phone at 06 29 07 19 69 from Monday to Friday from 9 am to 19 pm, - by logging on to our website where, after accessing your customer account, you can fill out a product return request using the form intended for this function. The product must be returned by Registered Mail to :
11 Allée des frénes
Products such as CDs, DVDs, must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
Downloadable videos or products offered for download can under no circumstances be the subject of a withdrawal or a refund.
Only the products returned as a whole, in their complete original packaging, and in perfect condition for resale will be taken back. Any product that has been damaged will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, with the exception of return shipping costs. In the event of exercising the right of withdrawal, the consumer has the choice to request either a refund of the sums paid, or an exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.
In case of exercise of the right of withdrawal, infokarate.com will make every effort to reimburse the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs a technical verification (see products that must be tested beforehand).
The consumer will then be refunded by crediting his bank account (secure transaction) in case of payment by credit card, or by check in other cases.
Article 17: Rights of use
The right to use the videos of infokarate.com , as well as those distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. 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 property right over his work, which the consumer undertakes to respect.
Article 18: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Fortuitous event or force majeure will be considered any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware of it. The two parties will then approach each other within one month, unless it is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party. Expressly, the following are considered cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 19: Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 20: Non-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 general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 21: Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable law
These general terms and conditions are subject to French law. It is the same for the rules of funds as for the rules of form. Any dispute relating to its application, interpretation or execution will be submitted to the jurisdiction of the Courts of Rennes (France).
Article 23: Data Processing and Freedoms
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of Infokarate.com intervening in the context of the execution of this order. The consumer can write to Infokarate.com to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of infokarate.com , under the conditions provided for by the law of January 6, 1978.
Done in Boisseuil, France, on July 18, 2017