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Condiciones de venta

The website of the online shop VOTREPIERCING.es which original URL is "http://votrepiercing.es/"), was created by the society VOTREPIERCING.com which is the owner of this website. Any order made on the online shop VOTREPIERCING.es suppose previous acknowledgement of the present terms & conditions. In consequences, the consumer recognises being perfectly informed that his agreement regarding the content of the present terms & conditions does not necessitate his handwritten signature since the consumer wishes to purchase items displayed in the context of the online shop of this website.

The consumer is given the ability to save the present term & conditions, while it is stated that saving this document is up to his own responsibility.

The online shop created by the society VOTREPIERCING.com in the context of the website mentions the following information:

- Legal notice allowing a precise identification of the society VOTREPIERCING.com.
- Presentation of the main characteristics of the displayed goods.
- Indication of the price of the goods in Euros, along with the shipping fees.
- Indication on the payment methods, shipping methods or processing methods.
- The existence of a right of retraction (See Article 16).
- The validity duration of the offer or the price.
- The conditions of cancellation of the contract when the contract duration is undetermined or superior to one year.
- All of this information is presented in english language. The consumer declares having the juridical ability to engage himself in the name of the present terms & conditions.

Article 1: Entirety

These present terms & conditions express the entirety of the obligations of the two parties. In that way the consumer should accept without reserve the entirety of the dispositions taken in these terms & conditions. No extra conditions stipulated in the files sent or given by the consumer may be added to the present ones.

Article 2: Purpose

The purpose of the present terms & conditions is to define the rights and obligations of both parties in the context of online sale of goods and services proposed by the society VOTREPIERCING.com to the consumer.

Article 3: Contractual documents

The present contract is composed of the following contractual documents, presented by decreasing hierarchic order: the present terms & conditions and the order form. In case of contradiction between the dispositions stipulated in documents of a different rank, only those which belong to the highest ranked document should be taken into account.

Article 4: Effectiveness - Duration

The present terms & conditions are effective as soon as an order is placed. That's to say from the point when the consumer confirms his order and ticks the case labelled "I have read the terms & conditions of sale and and I adhere to them unconditionally.". The present terms & conditions are valid for the duration necessary to the supply of ordered goods and services, until the expirations of the guarantees owed by the society VOTREPIERCING.com.

Article 5: Electronic signature

The fact that the consumer ticks the case of the order form labelled "I have read the terms & conditions of sale and and I adhere to them unconditionally." constitutes an electronic signature which has between the two parties the same value as a handwritten signature.

Article 6: Order confirmation

Contractual information will be confirmed by e-mail, at the latest when delivering or by default, at the address indicated by the consumer in the order form.

Article 7: Transaction proof

Informatics registers, stored in the database of the society VOTREPIERCING.com in decent conditions of security, will be considered as proof of the communications, orders and payment occurred between both parties. The storage of the order forms and bills is effectuated on a reliable and durable device, which can be used as a proof.

Article 8: Information on products

8-a: The society VOTREPIERCING.com displays products for sale with the necessary characteristics in accordance with the Article L 111-1 of the Code of consumption, which considers the possibility for the potential consumer to acknowledge the essential features of the products he wishes to buy before confirming the order.

8-b: Offers displayed by the society VOTREPIERCING.com are only valid in the limit of the available stock.

Article 9: Price

Prices are indicated in Euros and are only valid at the date of submit of the order form by the consumer. Prices do not include shipping fees, which are billed separately, and indicated before the confirmation of the order. Prices include the current V.A.T at the time of the order. Any change of the V.A.T rate would automatically affect the prices on the online shop. Payment of the total amount is required at the moment of the order. In any case, payments may be considered as deposits.

Article 10: Payment method

The consumer is free to choose any mean of payment mentioned on the order form. The consumer guarantees to the society VOTREPIERCING.com that he is in possession of the eventual authorisations necessary in order to use the mean of payment chosen by him when validating the order form. The society VOTREPIERCING.com reserves the right to suspend any order or shipment in case of denial of credit card payment by the officially accredited organisms or in case of non-payment. The society VOTREPIERCING.com also reserves the right to refuse to proceed to a shipment or to deal with an order coming from a consumer who wouldn't have paid the total amount of a previous order or with whom a dispute regarding the payment would be pending administration. The society VOTREPIERCING.com set up a system of order verification in order to ensure that nobody uses the bank details of someone else's without his consent.

Article 11: Products availability

The order will be processed at the latest within 3 days after the day when the consumer confirmed his order. In case of unavailability of the ordered product, especially because of the suppliers of the society VOTREPIERCING.com, the consumer will be informed as soon as possible and will be able to cancel his order. The consumer will then have the choice to ask for a refund of the sums paid within 30 days maximum after the payment, or to ask for an exchange of product.

Article 12: Shipping terms

Products are delivered at the address indicated on the order form by the consumer. The consumer is asked to verify the condition of the package at the moment of the delivery, and to report any damage provoked by the fault of the transporter on the delivery form and also to the society VOTREPIERCING.com, within one week (See Article 16). The consumer can, to his request, obtain the shipment of the bill to a billing address which can be different from the shipping address, by filling the form for this purpose on the order form. As soon as the society VOTREPIERCING.com proceeds to a shipment, the consumer is immediately informed by e-mail.

LA POSTE (Post office)

In order to reduce at the maximum the shipping fees, all products of small or medium size are sent by bubble wrap envelope. Not only are they economic but they also are quickly delivered all over the world. Nevertheless, it is possible, as with every shipment, that the delivery be delayed or the package lost. In case of delay in the delivery compared to the date that we mentioned in the shipment confirmation electronic mail (e-mail), we ask you to report this delay by sending us an electronic mail (e-mail). We will then contact la Poste to start an enquiry. This can last up to 21 days from the start of the enquiry. If the package is found during this period, it will automatically be redirected to your address (most common case). If, during this period, the post office does not find the package, it is considered as lost. It is only at this moment that we can send you a replacement product, to our own expense, if you chose the registered delivery method. If the product(s) ordered were no longer available at that moment, we would refund the price of the products ordered and lost by the transporter. If the product(s) were still available but the price had changed, we would apply the new price, either by refunding the difference by check or by asking you to send a complementary check corresponding to that difference. We deny responsibility regarding the delay caused by the transporter, especially in case of loss of the products or in case of strike.

Article 13: Delivery issues because of the transporter

Any problem regarding the delivery (missing product compared to the order form, damaged package, broken product, etc...) should imperatively be reported on the delivery note under form of "handwritten reserves", with the signature of the consumer. The consumer will also need to confirm this anomaly by sending a registered letter with acknowledgement of receipt to the transporter within 2 opening days following the date of delivery stating the problem encountered. The consumer would also be asked to send a copy by simple mail to:

145-214-7895
4 rue Pablo Picasso
11200 Lézignan-Corbières
France

Article 14: Delivery mistake

14-a: The consumer will have to report to the society VOTREPIERCING.com, at the day of the delivery or at the next opening day maximum, any delivery or/and conformity problem compared to the indications mentioned on the order form. Any claim made after this period will be rejected.

14-b: To make a claim to the society VOTREPIERCING.com, simply send an e-mail by logging on the website of the online shop VOTREPIERCING.es and filling the form named "Add a message", in relation to the order in the section "My orders". You can also use the form available on the page "Contact us".

14-c: Any claim that does not follow the rules defined above and in the period mentioned will not be taken into account and will free the society VOTREPIERCING.com of any responsibility toward the consumer.

14-d: After receiving the claim, the society VOTREPIERCING.com will deliver an exchange number for the concerned product(s), and will communicate it to the consumer via email or telephone. The exchange cannot take place before this procedure is done.

14-e: In case of delivery mistake or exchange, every product to exchange or to refund will have to be integrally returned to the society VOTREPIERCING.com and in its original package, to the following address:

145-214-7895
4 rue Pablo Picasso
11200 Lézignan-Corbières
France

In order to be accepted, any return must be preliminarily reported to the Customer Service of the society VOTREPIERCING.com.

The shipping fees will be covered by the society VOTREPIERCING.com unless the sent product doesn't match with the original statement written by the consumer on the return form.

Article 15: Products guarantee

In accordance to the Article 4 of the Decree n°78-464 of March 24th 1978 (France), the provisions of the present terms & conditions cannot deprive the consumer of the legal guarantee which forces the professional seller to guarantee against any consequence of the hidden defects of the sold item. The consumer is expressly informed that the society VOTREPIERCING.com is not the manufacturer of the products presented in the context of the website, in the line of the law n°98-389 of May 19th 1998 in relation to the responsibility about defective products. Accordingly, in case of damages caused to a person or to a good because of a defect of the product, only the responsibility of the manufacturer of this product may be engaged, on the base of the information mentioned on the package of the product itself. The conditions and the duration of the guarantee are mentioned on the product info page. Due to the frequency of renewal of the technical products components, VOTREPIERCING.com may inform the consumer, on demand, of the availability of spare parts for the proposed products, and the protocol to obtain them.

Article 16: Withdrawal right

The consumer is given a period of 30 days from the date of delivery to return, to his own expense, the products which would not satisfy his expectations. This period starts from the date of delivery to the consumer's order. If this period expires on a Saturday, Sunday or on a non working day, it is then extended to the next working day. Any return will have to be preliminarily reported to the Customer Service of the society VOTREPIERCING.com: preferably via e-mail by logging on the website of the online shop VOTREPIERCING.es and by filling the form entitled "Add a message", in relation to order in the section "My orders", or by the contact form available on the page "Contact us".

The product will have to be integrally returned to the society VOTREPIERCING.com and in its original package, to the following address:

145-214-7895
4 rue Pablo Picasso
11200 Lézignan-Corbières
France

Only the integrally returned products, in their complete and intact original package, and in a perfect state of resale may be accepted. Any damaged product, or which original package would be deteriorated will not be refunded or exchanged.

This withdrawal right is free of penalty except the shipping fees. In the hypothesis of the use of the withdrawal right, the consumer has the right to demand either an exchange or a refund. In the case of an exchange, the shipping fees would be to the consumer's expense.

In case of refund, the society VOTREPIERCING.com will do the maximum in order to reimburse the consumer in a period of 15 days. However, given the technical characteristics of the sold products, this period might be extended to 30 days, especially when the product needs a checking (products which need to be preliminarily tested).

The consumer will then be refunded by check, bankwire or Paypal (secure transaction).

Warning: For hygiene and safety reasons, no jewel return is accepted, except for a defect of manufacturing. Therefore, the return of any part which composes a jewel, such as sold alone bars or balls, is not accepted either.

Article 17: Rights of use

The right of use of softwares of the society VOTREPIERCING.com, and those distributed by the society are granted to the consumer in a non-exclusive, non-personal and non-transferable way, in accordance to the Code of Intellectual Propriety. However, according to the Article L 122-6-1 of this Code, the consumer is given a right of reproduction exclusively for the purpose of a backup, when it is necessary to preserve the use of the software. In any case, the author preserves a right of propriety on his work, which the consumer pledges to respect.

Article 18: Force Majeure

None of both parties may fail to his contractual obligations, in the way that their execution be delayed, hampered or prevented by a fortuitous case or a case of Force Majeure. Will be considered as fortuitous or Force Majeure any fact or inevitable circumstance, exterior to the parties, unpredictable, inevitable, independent of the will of the parties and which could not be prevented by them, in spite of all possible reasonably efforts. The party affected by such circumstances will notice the other party within ten days following the date of acknowledgement of these circumstances. Both parties will then contact each other, in a period of one month, except in case of impossibility due to the Force Majeure, in order to examine the repercussions of the event and to agree to the conditions under which the execution of the contract will continue. If the case of the Force Majeure lasts more than three months, the affected party would be able to terminate the present terms & conditions. So fast, are considered as Force Majeure cases or fortuitous cases, apart from those usually accepted by the french jurisdiction: the blocking of the transport ways or the supply ways, earthquake, fires, storms, floods, thunder; shutting down of communication networks or difficulties affecting the communication networks which are external to the consumers.

Article 19: Partial non-validity

If one or several stipulations appearing in these terms & conditions would be considered as non-valid or declared so by the application of a law, a regulation, or following a definitive decision taken by an appropriate jurisdiction , the other stipulations would keep all their strength and range.

Article 20: Non-renunciation

The fact for one of the parties not to prevail from a failure from the other party to any of the obligations stated in these present terms & conditions cannot be interpreted for the future as a renunciation to the involved obligations.

Article 21: Title

In case of difficulty of interpretation between any of clauses titles and clauses themselves, titles will be declared non-existent.

Article 22: Applicable law

The present terms & conditions are subject to the French law. It is so for the regulation of the content as well as the regulation of the form. In case of dispute or claim, the consumer will refer in priority to the society VOTREPIERCING.com in order to obtain an amicable solution.

Article 23: Data Protection

The information asked to the consumer are necessary to process his order and can be transmitted to the contractual partners of the society VOTREPIERCING.com involved in the process of the order. The consumer can write to the society VOTREPIERCING.com, which details are in the confidentiality charter of the website, to object to this transmission, or to use his right of access and modification toward the information regarding himself and stored in the database of the society VOTREPIERCING.com, in the conditions stated by the law of the 6th January 1978. The consumer can also, in priority, use his right of access and modification towards the information regarding himself by filling the form available in the heading "My account", after logging on the website of the online shop VOTREPIERCING.es.

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