2.1 Validity of the order
Orders placed on the website www.bestrass.com commit the Buyer upon confirmation of the order by it (click on the button "Confirm"). From that moment, the order is registered. An order number is communicated to the Buyer.
The data recorded by the Seller at www. bestrass.com constitute proof of all transactions between Buyer and Seller. The validity of the order is 30 days after its approval by the Purchaser. Without sending, including the settlement or subscription contract completed by the Buyer within that period, the order will be canceled automatically and fees according to current rates will be, if any, charged to the Buyer.
Seller reserves the right to refuse any order if a legitimate reason and particularly if the quantities ordered are unusually high compared with amounts usually ordered.
2.2 Modification of the Order
Any modified order can not be taken into account when it is confirmed in writing by the Purchaser prior to shipment of products. Buyer is responsible for product features and services it buys.
The photographs and technical specifications of the products are manufacturer data which are outside the scope of the contract. If errors occur, in no event the liability of the Seller shall not be held liable.
Seller reserves the right to make its products at any time any amendment to reflect changes in manufacturers or ensure compliance with safety standards or other regulations provided they do not substantially reduce the quality or product performance.
2.3 Availability
The product offers the Seller are valid while stocks last. It is understood by stock own stocks to the Seller.
ART 3: Price
3.1 The products are supplied at prices prevailing at the time of order placement. Prices are quoted in Euros all taxes included shipping fee will be charged to Buyer according to the rate in effect at the time of placing the order.
Seller reserves the right to change prices at any time but the products will be billed based on rates in effect at the time of ordering.
Unless exempted, the promotions are not combinable with other promotions.
3.2 Payment conditions
An invoice is issued at time of order and shall be issued upon delivery.
Payment is by credit card, Visa, Mastercard, Paypal account. The flow map is made upon taking command. The products remain the property ofwww.bestrass.com until final payment in full control under the terms of Law No. 80335 of 12 May 1980. However after delivery, the risk of the delivered goods are transferred to the client.
3.3 In case of late payment, the Seller may suspend all pending orders, without prejudice to any other course of action. Any amount not paid when due on the invoice, causes, without prior notice, the application of penalties in an amount equal to one and half times the rate of legal interest. These penalties will be payable upon demand of Seller.
3.4 In the event of default, forty-eight hours after an injunction was unsuccessful, the sale of the product will be canceled automatically, if it is deemed to Seller, who may ask for interim relief the return of products, without prejudice to any other damages. Resolution affect not only the order in question but also all previously unpaid orders, whether delivered or during delivery and that their payments are due or not.
In all cases above, the amounts due for other deliveries or for any other cause, shall become immediately payable if the Seller does not opt ??for the resolution of the corresponding controls.
3.5 Procedures for reimbursement
Whatever the mode of payment of the purchase, any return of monies for the benefit of the Purchaser shall be effected by bank transfer. As such, a bank details (RIB) will be called to the Buyer. Refunds will be made by bank transfer within four weeks working. However, if the express refusal of the Buyer, a refund check will be possible within a period of 4 working weeks.
ART 4: Retention of property
TRANSFER OF OWNERSHIP OF THE PRODUCT, OBJECT OF THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO FULL PAYMENT OF PRICE IN PRIMARY AND ACCESSORIES.
BUYER AGREES, AS THE PROPERTY OF PRODUCTS HAS NOT BEEN TRANSFERRED TO KEEP THE PRODUCT SAFETY, AND TO PROVIDE THEM IDENTIFIED AS PROPERTY OF THE SELLER.
UNTIL THE TRANSFER OF PROPERTY TO BE MADE, THE SELLER RESERVES THE RIGHT TO DEMAND THE RETURN OF PRODUCTS OR IN THE EVENT OF REFUSAL OF BUYER TO TAKE POSSESSION OF THE PRODUCTS.
ARTICLE 5: Delivery
5.1 Terms
Deliveries are made based on availability at the Seller and in the order of arrival of orders. Seller is authorized to make deliveries on a global or partial.
Delivery is made either by delivering the product directly to the Buyer against signature of the delivery by the Purchaser, either by simple notice of availability, or by delivery to a shipper or a carrier in the warehouse of the Seller. The products are delivered to the shipping address provided by Buyer during the ordering process.
The Purchaser is required to take all steps required for the successful completion of delivery. As such, it must provide all information necessary for the delivery (exact address, code door etc..).Otherwise, Seller will not be held responsible for failure in delivery.
A non-delivery, the equipment will be returned to the warehouse of the Seller and the Buyer must contact the Seller's Customer Service by calling 06 77 57 10 30 to make themselves aware of the steps to follow to get his equipment. Application fee, according to current rates, may be, if any, charged to the Buyer, Seller disclaims any responsibility for the payback period for the Buyer's equipment.
5.2 Deadlines
Delivery times quoted are average times and correspond to the time of order processing and delivery.
Overruns delivery time can lead to damages, deduction, or cancellation of orders. However, if 15 days after the stated delivery date, the product was not delivered for any reason other than force majeure as defined below, the sale may be canceled at the request of one or the other party. Buyer may obtain refund of payment, excluding any other compensation or damages.
In any event, delivery on time can only intervene if the Buyer has met its obligations to the Seller.
5.3 Risks
Delivery is made by a carrier or a provider of choice of the Seller. Risk transfer products, takes place on dispatch warehouse of the Seller or its suppliers. It follows that the products are transported at the risk of the recipient to which it belongs, in the event of damaged or missing, making any claims to the Seller within 48 hours of annotating of delivery, with a copy of reservations to the carrier.
Late claims will under no circumstances be taken into account and the responsibility of the Purchaser shall be fully committed.
ARTICLE 6: Defects apparent noncompliance
Without prejudice to be taken against carriers, claims about defects or non-conformity of goods delivered to the ordered product or shipping order must be made , from the Seller in writing within 48hours of product delivery.
It will be for the Buyer to provide any justification as to the reality of defects or anomalies. It will give the Seller every opportunity to make a finding of defect and its remedy. He will not intervene himselfor let a third party for that purpose.
ARTICLE 7: Money Back
The Purchaser has seven (7) days from receipt of the product (s) to withdraw, without cause, at no cost except for return costs will be mandatory by registered letter with acknowledgment of receipt. When the seven-day period expires on a Saturday, Sunday or a holiday, it is extended until the next business day.
If the Purchaser exercises its right of withdrawal, the price of the product (s) purchased (s) will be reimbursed in accordance with Article 3.5. The costs and risks of return are the responsibility of theBuyer. The refund made to the Purchaser is equal to the price actually paid by him.
This right of return will be accepted for complete products in their original state (packaging, accessories, manuals ...) with the original invoice. Items returned incomplete, damaged or soiled, can not beresumed, the Seller reserves the right to charge the Buyer the price of the product according to the rate in effect at the time of sale. ART 7 : Satisfait ou remboursé L'Acheteur dispose d'un délai de sept (7) jours francs à compter de la réception du ou des produit(s) pour se rétracter, sans motif, ni frais à l'exception des frais de retour qui devra se faire obligatoirement par lettre recommandée avec avis de réception. Lorsque le délai de sept jours expire un samedi, un dimanche ou un jour férié ou chômé, il est prorogé jusqu'au premier jour ouvrable suivant. Si l'Acheteur exerce son droit de rétractation, le prix du ou des produit(s) acheté(s) sera remboursé conformément aux dispositions de l'article 3.5. Les frais et risques de retour restent à la charge de l'Acheteur. Le remboursement effectué au profit de l'Acheteur est égal au prix effectivement payé par ce dernier. Le présent droit de retour ne pourra être accepté que pour les produits complets, dans leur état d'origine (emballage, accessoires, notice …) avec l'original de la facture d'achat. Les articles retournés incomplets, abîmés, endommagés ou salis, ne pourront pas être repris, le Vendeur se réservant la faculté de facturer à l'Acheteur le prix du produit selon tarif en vigueur au moment de la vente.
ARTICLE 8: Product Liability
Seller's liability shall in no event be liable for damages or injuries directly or indirectly related to the use or possession of products supplied by the Seller.
ARTICLE 9: Force Majeure
Parties are not responsible for loss, damage, delay, non performance or partial performance resulting directly or indirectly from any cause can be interpreted by a French court as a case of force majeure (ie " Force Majeure "). Each Party shall promptly notify the other in writing, the occurrence of any Force Majeure. The obligations of the affected Party of Force Majeure and, in particular, the time required for the performance of its obligations, or encounter it will be suspended without liability whatsoever.
The Parties shall, to the extent possible, mitigate the effects of Force Majeure.
If an Event of Force Majeure prevents a Party from performing an essential obligation under an Order, either party may cancel the Order concerned by registered letter with return receipt, without compensation for one either Party. The cancellation is made after the date of receipt of the letter.
ARTICLE 10: Computers and Freedom
In accordance with the provisions of the Act of 6 January 1978 relating to computers, files and freedoms, the Buyer has a right to access, query, challenge and correct any information about by contacting our Customer Service:
MRB DIFFUSION
9 ter rue d'Alesia 75014 PARIS FRANCE
Buyer is advised that their personal data may be used for commercial purposes and information from the Seller. Seller may also transfer personal data to commercial partners. Buyers may object to the disclosure of their details by notifying bestrass.com. Similarly, users have a right to access and correct data concerning them, according to the law of January 6, 1978.
Commercial offers and information may be sent to the Purchaser by any suitable means including by electronic mail.
ART 11: Competence-Challenge
In case of dispute, Seller and Buyer will look before any legal action, an amicable settlement.
For all disputes relating to the implementation or interpretation of this contract, and failing settlement, the Paris Courts shall have exclusive jurisdiction. These provisions are without prejudice to Article 48 of the New Code of Civil Procedure.
Article 12: Applicable Law
The parties agree that these Terms are governed by French law (regulation of distance selling, articles L.121-16 to L.121-20 of the Consumer Code).
