The online store www.drotek.fr site was set up by the company DROTEK which is the operator of this site.
Any order under a product appearing in the online store's website www.drotek.fr requires prior consultation of these general conditions. Consequently, the consumer is fully aware that its agreement on the content of these conditions does not require the signature of this document, to the extent that the customer wants to order online the products presented in the framework of the shop the website. The consumer has the ability to save or print these terms and conditions, provided that both saving and editing of this document are the sole responsibility. The consumer, prior to his order, said that the acquisition of these products is not directly related to his professional activity, their acquisition is reserved for personal use from him. As a consumer, the customer has specific rights, which would be called into question the assumption that the products or services purchased through the website would actually have to do with his professional activity.
All this information is presented in French. The consumer states have full legal capacity to engage under these terms and conditions.
Article 1: Entirety
These terms represent all obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions of these terms and conditions. No general or specific in documents sent or given by the consumer may be incorporated
present, since these documents are inconsistent with these terms and conditions.
Article 2: Purpose
These general conditions are intended to define the rights and obligations of the parties as part of the online sale of goods and services offered by the company DROTEK the consumer.
Article 3: Contractual documents
This contract consists of the following contractual documents, presented in descending order: these terms, the order form. In case of conflict between the provisions contained in the documents of different ranks, the provisions of the document senior prevail.
Article 4: Entry into force - length
These conditions come into force on the date of signing the purchase order. These conditions are concluded for the time necessary for the provision of goods and services purchased, until the expiry of the guarantees owed by the company DROTEK
Article 5: Electronic signature
The "double click" of 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 confirmed towards e-mail no later than the time of delivery or at the address specified by the customer in the order form.
Article 7: Proof of the transaction
The records stored in computer systems company DROTEK in conditions of reasonable safety, will be considered proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.
Article 8: Product Information
8-a: The company DROTEK this on its website to sell products with the characteristics required to comply with Article L 111-1 of the Consumer Code, which provides the opportunity for potential consumers to know before taking control of the essential characteristics of the products they wish to buy.
8-b: The offers presented by the company DROTEK are valid only within the limits of available stocks.
Article 9: Price
Prices are in euros excluding taxes and speak only as of the date of mailing of the order by the consumer. They do not include delivery fees, charged in addition, and indicated before the validation of the order. We can not charge VAT on products sold since the company DroTek is governed by the laws applicable to micro-enterprises. Payment of the full price must be made when ordering. At no time, the payments can not be regarded as payments or installments.
Article 10: Payment
To set the order, the consumer has, at its option, of all the payment methods specified in the order form. The consumer provides the company DROTEK it has the required permission to use the payment method chosen by him, while validating the order.
The company DROTEK reserves the right to suspend any order and any delivery in case of refusal to authorize payment by credit card by certified financial institution or in case of nonpayment.
The company DROTEK specifically reserves the right to refuse a delivery or an order from a consumer who has not fully paid or a previous order or with whom a payment dispute is currently being administration. DROTEK society has set up a procedure for control checks to insure no one is using the bank details of another person without his knowledge. As part of this audit, the customer will be asked to send by fax to the company DROTEK a copy of a photo ID and proof of address. The order will be confirmed after receipt and verification by us of parts sent.
Article 11: Availability of products
The order will be executed no later than within three days from the day after the consumer placed his order. In case of unavailability of the product ordered, mainly because of our suppliers, the consumer will be informed at the earliest and will be able to cancel the order. The consumer will then have the option of requesting either a refund of amounts paid within 30 days before their payment, or exchange the product.
Article 12: Delivery
The products are delivered to the address specified by the customer on the order form.
The consumer has to check the status of the packaging of the goods upon delivery and report any damage to the carrier on the delivery order, and society, within a week. The consumer may, upon request, obtain sending an invoice to the billing address and not the delivery address by validating the option provided for this purpose on the order form. Regarding shipping, we work primarily with Colissimo. When we do a shipment, you will immediately receive an e-mail information.
To minimize transportation costs, all products of small and medium size are shipped by the postal service Colissimo. In addition to being economical, this service delivers in 48 hours across France and offers the possibility of recovering the goods ordered at your local post office near the delivery address in the absence of the original place of delivery at the presentation of the factor.
Specifically, if you are absent the day of delivery, your postman will leave a card in your mailbox, allowing you to collect your parcel at your post office during business hours, within 15 days. Colissimo is a very reliable service. However, it may be, as in any expedition, there may
have a delay in delivery or the product gets lost. In case of late delivery from the date that we have indicated in the mail from, we ask you to report the delay in calling us by phone or by sending us an email. We then contacted the Post to start investigation. A Post investigation may take up to 21 days from the date of commencement of the investigation. If during this period, the product is found it will be immediately re-routed to your home (most cases). But if 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 at our expense through a colissimo only. If the product ordered were not available at this time, we will refund the amount of products affected by the loss of the carrier. If the product was still available, but had changed their prices on the site, we apply the new sales price, either by refunding you the difference by check or by requesting a check for the difference
price. We are not responsible 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 to the delivery order, damaged package, broken product ...) must be indicated on the delivery form of "handwritten reserves", accompanied by the signature of the customer. The consumer must confirm this problem by sending the
carrier within two (2) business days following the date of delivery by mail with return receipt stating such claims. The consumer must send a copy of this letter by fax or by mail to our
Article 14: Delivery errors
# 14-a: The consumer must make to society DROTEK the day of delivery or later than the first business day after delivery, any claim of error of delivery and / or non-conformity of goods in kind or as compared to the entries on the order form. Any claim made after this time will be rejected.
# 14-b: The formulation of this claim from the company DROTEK can be made: email now.
# 14-c: Any claim not made in the rules defined above and within the time limits could not be taken into account and release the company from all liability DROTEK towards the consumer.
# 14-d: Upon receipt of the complaint, the company DROTEK assign a number of exchange of the product (s) (s) concerned and communicate by e-mail, fax or telephone to consumers. The exchange of a product can take place only after the allocation to the consumer of a number of exchange according to the approach outlined above.
# 14-e: In case of error of delivery or exchange any product for exchange or refund will be returned to society as a whole and DROTEK in its original packaging, in Colissimo.
To be accepted, any return will be reported in advance to the Customer service of society. Shipping costs are the responsibility of society DROTEK except it would prove that the product does not match the original declaration made by the consumer in the right of return.
Article 15: Product Warranty
Consumers can not be deprived of the legal guarantee which requires the seller to guarantee against all consequences of defects of the thing sold. The consumer is expressly informed that the company DROTEK is not the producer of products other than e-cards with the label drotek presented as part of the website within the meaning of Law No. 98-389 of 19 May 1998 and on the liability for defective products. Therefore, in case of damage to a person or property by a default
product, only the responsibility of the producer of it could be sought by the consumer, based on information on the packaging of the product. The conditions and the manufacturer warranty period are shown on the relevant products. Given the frequency of renewal of the components of technical products, DROTEK may, upon request, inform the consumer of the availability of spare parts of products offered and how to possibly get them.
In the case of electronic maps produced by the company DROTEK, only the user is liable for damages caused by improper handling or failure due to wear. We disclaim all responsibility and inform every ad potential hazards and risks.
Article 16: Right of withdrawal
The consumer has a period of 7 days to return, at its expense, the products do not suit him. This period starts from the date of receipt of the consumer's order. If this deadline falls on a Saturday, Sunday or
a holiday or holiday, it is extended until the next business day. All returns must be reported prior to the Customer company DROTEK. The product should be returned by the shipping method chosen by the customer, the cost of returning the remaining dependents.
Only new products will be taken as a whole and returned in perfect condition for resale. Any product that has been damaged will not be refunded or exchanged. This right of withdrawal is without penalty, except for cost of return. Assuming the right of withdrawal, the consumer has the option of requesting either a refund of amounts paid, or the exchange of
product. In the case of an exchange, the re-shipment will be at the expense of the consumer.
In case of exercising the right of withdrawal, the company DROTEK Import 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, especially when the product needs a technical audit (see products to be tested first). The consumer will then be refunded by a credit to his bank account (secure transaction) if paid by credit card or check in other cases.
Article 17: Rights of use
The right to use software DROTEK society and those distributed by it, the consumer is granted a non-exclusive, personal and not transferable in accordance with the Code of Intellectual Property.
However, under Article L122-6-1 of the Code, the consumer has a right of reproduction only for the establishment of a backup, when it is necessary to preserve the use of software. In any case, the software author retains ownership of his work, the consumer agrees to comply.
Article 18: Force majeure
Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as acts of God or force majeure any compelling facts or circumstances, outside parties, unforeseeable, inevitable, beyond the control of the parties and
which can only be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days after the date on which it becomes aware.
Both parties will then, within a month, unless unable due to force majeure, to examine the impact of the event and agree the conditions under which the contract will be continued. If the case of force majeure lasts longer than three months, these terms may be terminated by the
injured party. Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of French courts and tribunals: the blocking of 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 provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent jurisdiction, the remaining provisions will remain in full force and scope.
Article 20: No Waiver
The failure of either party not to claim a breach by the other party to any of the obligations under these Terms shall be construed in the future as a waiver of the requirement involved.
Article 21: Title
In case of difficulty in interpretation between any of the titles at the head of clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable law
These general conditions are subject to French law. This is for the fund rules as to the rules of form. In case of dispute or claim, the consumer should first contact the company DROTEK for an amicable solution. In a second step and in case of appeal, the consumer may file a complaint with the company, through its dedicated dialog.
Article 23: Data Protection
The information requested from the consumer is required to process the order and may be communicated to partners of the company DROTEK involved in the execution of this command. Consumers can write to the company DROTEK whose coordinates are within the terms and conditions contained in the website, to oppose such disclosure or to exercise their rights of access, correction to the regard to the information concerning and contained in the files of the company DROTEK, as provided by the Act of 6 January 1978.
Article 24: Indemnité frais de recouvrement
Pour tout professionnel, à défaut et conformément à la loi 2008-776 du 4 août 2008, un intérêt de retard égal à trois fois le taux légal sera appliqué, ainsi qu'une indemnité forfaitaire pour frais de recouvrement de 40 euros (Décret 2012-1115 du 02/10/2012). TVA acquittée sur les encaissements.