The site is the property of S.A.R.L BLACK FACE inits totality as well as the related rights there.
S.A.R.L BLACK FACE of which seat is located at MARSEILLES (13008) 41 boulevard Emile Sicard,registered with the trade register of MARSEILLE under number SIRET 809,600,000 000016.
The conditions of sale below are controls by theL.121-16 article and following of the Code ofConsumption and the Trade.
All the contained information in thewww.blackface.fr site are in French language.
The Customer admits having, prior to the placingof the order, taken knowledge of the whole of above mentioned information and the general terms of sale.
The Customer states to only buy goods for his own account and in no case for his office account. The consumer has rights, which, on this assumption would be called into question.
The present general terms of sale express the entirety of the obligations of the parts.
No other general term or particular communicated by the customer will be able to be integrated or derogate from the present general terms.
S.A.R.L BLACK FACE can have to modify certain provisions of the General terms. Consequently, it is necessary that the Customer becomes acquainted with the version in force, the day of its order on theSite. These modifications are opposable to theCustomer as from their setting online and will be applied to the posterior orders at the date of setting online. Any purchase on the Site is subjected to the whole of the clauses of the General terms. The Customer will be able to validate his order only after to have duly taken knowledge of the General terms and to have accepted them by notching the icon dedicated for this purpose. By validating the General terms, the Customer states to have legal capacity allowing the concluding of a contract within the meaning of articles 1123 and following of the French Civil code.
The Logos, the brands and almost the totality of the photographs, reproduced on our site are the property of the houses of memberships or S.A.R.LBLACK FACE.
Consequently, neither the website, neither the contents, nor the brands and others can be used,reproduced, duplicated, copied, sold, resold, made available, modified or exploited from any other manner, in all or partly, for some finality that it either without the prior consent of S.A.R.L BLACKFACE.
1 – OBJET
The present general terms of sale have the aim of defining the rights and obligations of the parts within the framework of a distance selling of goods proposed in the present electronic shop by S.A.R.L BLACK FACE. CONTRACTUAL
2 – DOCUMENTS
The photographs illustrating the products, do not enter the contractual field. So errors or deteriorations resulting from the treatment of these photographs were introduced there, the responsibility for S.A.R.L BLACK FACE, will not be by no means committed.
3 – COMMANDES
Signed of the click of validation constitutes an irrevocable commitment of the customer who can be called into question only in the cases limitativement envisaged in this contract at Right article the “of retractation”. The e-mail of validation of order means acceptance by the S.A.R.L BLACK FACE of the customer order and form thus the sale contract between the parts according to the provisions of the General terms. The customer is in the obligation to check the exhaustiveness and the veracity of the information which it provides to S.A.R.L BLACK FACE during the ordering and particularly its address of delivery. S.A.R.L BLACK FACE reserves the right to cancel any order of a customer with who would exist a litigation relating to the payment of a former order, following a data-processing bug, hacking, problem involved in procurement of products, error of seizure or another internal or external ill will at the company S.A.R.L BLACK FACE
4 – CONFIRMATION OF ORDER
The contract signature will intervene only at the time of the confirmation of order by S.A.R.L BLACK FACE.
The Customer will receive by e-mail an acknowledgement of delivery carrying confirmation of order with all the components of the contract (produced ordered, price, delivery periods, forwarding costs,…).
5 – DURING OF THE OFFER
Within the framework as of classical sales the offers contained in this site are valid as long as the products which are referred to it remain online and until exhaustion of stocks. In the event of unavailability of the product after placing of order, the customer will be informed by e-mail or telephone of the delivery of an order partial or cancellation of his order. Within the framework of a private sale, the customer can order the Products put on sale only throughout his sale and particular condition indicated on the site.
6 – PRICE
The prices are expressed in Euros. The price guaranteed to the purchaser is that displayed on the Site at the time of the purchase.
The fixed price at the time of the purchase is firm and final but account of the expenses of delivery does not take. The latter will be invoices in supplement and will be indicated in the confirmation of each order. They depend on the place of delivery and the contents of the order. The expenses of delivery will be subjected to the approval of the customer before validation of the shopping cart.
This indication remains estimated and only the price retained during the validation of the shopping cart has contractual value except exceptions such as difficulties of delivery or special modes of delivery being able to generate overcosts. All the prices are likely to be revised. S.A.R.L BLACK FACE reserves the right to modify the prices without notice, in particular in the event of error of labelling. S.A.R.L BLACK FACE will establish an invoice for which the Customer will have to specify the address of sending.
7 – PAIEMENT
The payment of the totality of the price (of the products and transport) is due to the order.
The price invoiced with the Customer is the price indicated on the confirmation of order addressed by S.A.R.L BLACK FACE. The price of the products is payable cash the day of the effective order. The payment is carried out by credit card – CB – Card Credit. You online regulate (E-TRANSACTION) via a banking waiter of our bank the General society in a secure environment.
With this system, your payment by map is carried out directly on the secure waiter of our bank the General society on our account.
No moment your card number will be communicated to us. The exchanges encrypted and are made safe thanks to protocol SSL 3 (Secure Socket Layer) on the Internet, protocol which became a world standard and which is usable by the principal browsers. Your N° of credit card is thus directed towards the waiters of the bank, your regulation is carried out directly at a bank in an environment made safe without passing by the waiter of the shop, all the more important warranty as your N° are known only of our banking partner (the General society).
The order validated by the customer will be considered effective only when the centers of banking payment concerned give their consent. In the event of refusal of the known as centers, the order will be automatically cancelled and the customer warned by e-mail. In addition, S.A.R.L BLACK FACE reserves the right to refuse any ordering of a customer with whom would exist a litigation.
9 – LITTIGES – NON-PAYMENT
The ordered products remain the property of S.A.R.L BLACK FACE until the final and integral payment of the price in accordance with the terms of the law n°80 335 of May 12th, 1980. In the event of non-payment, S.A.R.L BLACK FACE is in right to claim the articles.
On this assumption, the customer commits himself restoring very produced not paid, all expenses with his load.
S.A.R.L BLACK FACE as well as the brands represented on the site could not be held for persons in charge of the damage of any nature, as well material as immaterial or body, which could result from a faulty operation or misuse of the marketed products.
It is the same for the possible modifications of the products resulting from the manufacturers.
The responsibility of S.A.R.L BLACK FACE will be, limited to the amount of the order and could not be put in question for simple errors or omissions which could have remained despite everything the precautions taken in the presentation of the products. Any search for regulation by amicable agreement is possible and desirable. One is reminded that this assumption does not stop the “short time” of the legal warranty, nor contractual warranty period. One is reminded that in general and subject to the appreciation of the Courts, the respect of the provisions of this contract relating to the contractual warranty supposes that the purchaser honours his financial liabilities towards the salesman. the claims or disputes will be always received with attentive benevolence, the good faith being always supposed at that which takes the trouble to make a statement on its situations.
This contract is subjected to French law, both for the rules of substance the rules of form.
IN THE EVENT OF LITIGATION AND IN THE ABSENCE OF FRIENDLY AGREEMENT BETWEEN THE PARTS, FAST COMPETENCE IS ATTRIBUEE WITH THE COURTS WITHIN THE COMPETENCE OF THE HEAD OFFICE OF S.A.R.L BLACK FACE, NOTWITHSTANDING CALL IN WARRANTY OR PLURALITY OF DEFENDANTS, SAME FOR THE EMERGENCY PROCEDURES OR THE PROCEDURES ACADEMIES IN SUMMARY PROCEDURE OR BY REQUEST.
10 – TRANSFERT OF THE RISKS
The transfer of the risks to the customer intervenes as of the handing-over of the products by S.A.R.L BLACK Vis-a-vis the carrier. The products travel to the risks and dangers of the customer.
During the time of retractation the Customer is responsible for the thing as a guard. In the event of deterioration or of destruction of the product during the guard of the customer, this one will undergo all the conséquences.
11 – EXECUTION OF the ORDER
The order will be carried out within the times specified on the Site at the time of the confirmation (mitre “to validate”) and at the latest within day 30 following the confirmation.
In the case or the articles would not be available or would be only available on order, which will be reproduced on the site, same the deadlines will be applicable and the sending of the goods will be done as of reception in our warehouses.
12 – LIVRAISON
The products are delivered at the address indicated by the customer on the purchase order. The Customer is held to check the exhaustiveness and the veracity of the information which it provides to S.A.R.L BLACK FACE during the ordering and particularly its address of delivery. Neither S.A.R.L BLACK FACE, nor the carrier can be held responsible for an impossibility of delivery at a rate of an inaccuracy or error in the address of delivery.
The delivery famous is carried out as of the handing-over of the product to the carrier.
The delivery form given by the carrier, dated and signed by the Customer during the delivery of the product will constitute the proof of the delivery.
With the delivery, the Customer will have to check the contents, the conformity and the state products.
In the event of delays, damages, losses total or partial, or of some other problem, it is up to the customer to exert any recourse near the carrier. Thus the responsibility for S.A.R.L BLACK FACE will not be reconsideration.
If it notes anomalies, it must refuse the delivery of the products or issue handwritten, precise, and dated reserves. These reserves will have to be confirmed to the carrier by registered letter with acknowledgement of delivery in the three (3) working days following the delivery of the products. A copy will be addressed to S.A.R.L BLACK FACE.
The carrier commits himself delivering the order intended for the purchaser provided by the customer and this within a period of 48h worked. (Time for forwardings in Metropolitan France) the delivery periods indicated are set as an indication only. S.A.R.L BLACK FACE endeavours to respect them. Any going beyond cannot in no case to involve the cancellation of the order or an allowance of delay and/or damages by our company.
The delivery with the Customer can be carried out by a carrier for the bulky or heavy parcels. In this case, the Customer is contacted either by e-mail or by telephone directly by the Deliveryman so that they can be appropriate of an appointment of delivery. The Customer must expressly announce all the difficulties of access or passage which the Deliveryman could meet during the delivery (including if they were announced before on the form of order). The Customer is in particular held to measure the passages of access of his residence in order to confirm to the Deliveryman his accessibility with the ordered product. All the additional expenses of delivery necessary to the specific hiring of equipment to cope with difficulties of access specified by the Customer will have to be validated and regulated by this last prior to the delivery. Any claim for lack or of degradation of your parcel, apparent defects of the product arrived except time starting from the date of reception of the parcel will be definitively rejected without possibility of recourse for the consumer. If a technical product is delivered to the Customer, this last will have to check operation and begins with reading the note of use attentively. In the event of apparent defects, the purchaser profits from the right to repossess under the conditions envisaged by the law and enacted below.
In the event of impossibility of delivery the day of the appointment because of inappropriate information, of difficulties of accesses or passage not announced beforehand by the Customer or of absence of the Customer with return of violation of the commitments made at the time of the contact, of new expenses of delivery could be invoicees by the S.A.R.L BLACK FACE, which will get in touch with the Customer for the payment of these new expenses of delivery before any Re-delivery of the product. In the event of non-payment of these expenses, S.A.R.L BLACK FACE reserves the right not to carry out the delivery of the product. The risks of damage resulting from these constraints will be also the responsibility of the Customer.
According to the address of delivery and weight of the product, additional expenses of reforwarding can vary approximately 20% of more than those indicated during the validation of the order. During the delivery, the Customer will have obligatorily to unpack the product in the presence of the Deliveryman and to check that the delivered product corresponds well to its order and that no damage affects its product before signing the delivery order. In the event of anomaly, the Customer will have to precisely register the nature of his reserves on the delivery order. These reserves must be handwritten, dated, detailed and accompanied by a signature on the delivery order. The mention “produced damaged” is not, for example, sufficiently clarifies. The Customer will have to inform the nature of the damage: stripes, bumps, tasks, Of the same etc, if an error of delivery is noted, the Customer will have to specify the nature of the error (bad color, bad reference, etc).
In the event of error or of damage, the Customer will have imperatively to refuse the product and to forward to us his reserves under five (5) days by e-mail and simultaneously per registered letter with acknowledgement of delivery at the address indicated below: S.A.R.L BLACK FACE, 41 boulevard Emile Sicard, MARSEILLES (13008).
Any claim addressed beyond these deadlines could not be accepted. If the Customer does not issue reserves, the delivered Product is considered satisfactory and will be able to be the object of no later dispute. For example, the Customer will be able to emit of reserves neither at S.A.R.L BLACK FACE, nor near the deliveryman, after the departure of the deliveryman, even if the parcel were not open in the presence of this last.
Except the cases of defect of conformity or latent defects, no claim and/or books later will not be allowed, after reception of the products by the Customer, if this last did not conform to the procedure described above.
13 – MAJOR FORCE
In a fast way are regarded as emergency, in addition to those usually retained by the jurisprudence of the Courses and French courts:
– all-out strikes or partial, internal or external with the company, blocking of the means of transport or supply for some reason that it is, governmental or legal restrictions, breakdowns of computer, blocking of telecommunications including networks and in particular Internet.
The supervening of an emergency will suspend, initially, automatically, the execution of the order.
So beyond of a three (3) months period, the parts note the persistence of the emergency, the order will be automatically cancelled, except contrary agreement of both parties.
14 – WITHDRAWAL OF the PRODUCTS IN THE EVENT OF ABSENCE OF the CUSTOMER
In the event of absence of the recipient during the delivery, the carrier will deposit a transit advice note intended for delivery indicated by the customer. The products will have to be withdrawn at the address and according to the methods indicated by the carrier.
In the event of nonwithdrawal within the time limits, knowledge 15 days, the products will be turned over to the S.A.R.L BLACK FACE which reserves the right to refund the price of them, the shipping costs remaining with the load of the customer. On this assumption, the Customer will have the possibility of requesting the reforwarding of the parcel from his expenses.
In the contrary case one corresponding at the cost of products to have undervalued of the expenses generated by the return of the parcel will be placed at its disposal.
In all the cases the expenses generated by the forwarding of the first parcel will not be refunded.
15 – RÉCLAMATIONS
The claims for nonconformity of the products delivered with the order will have to be formulated in writing directly at the S.A.R.L BLACK FACE and that immediately at the time of the reception. The Customer must preserve the packing and the delivery form.
In the event of error on the product, the customer commits himself turning over the aforementioned product or the products concerned within a period of 14 days following their reception to S.A.R.L BLACK FACE under the condition that those are returned without opening of their conditioning, in their state and packing of origin with the documents accompanying it.
Once the product returned in the rules enacted above, S.A.R.L BLACK FACE, will return the goods to its expenses to Client.
16 – DELAIS OF RETRACTATION
The customer lays out, within a period of 14 (Fourteen) days calendar as from the delivery of his order, of a right to repossess, with his expenses, for exchange or refunding, of the products which are not appropriate to him in accordance with the article L 121-21 of the Code of consumption, then of deadlines a 14 (fourteen) clear days to reforward the products. To notify his decision, the customer can use the form joint in the parcel or any other declaration stripped of ambiguity.
If this time expires Saturday, Sunday or a bank holiday or been unemployed, it is extended until the first next working day.
The turned over product will owe the being new, in its packing of origin, intact, accompanied by all the possible accessories, notes of employment and documentations at the address following:
Shop LOLETTA, S.A.R.L BLACK FACE, 58 rue Paradis, MARSEILLES 13006, France.
The articles will be turned over in the respect of the procedure described in this paragraph with their and number purchase invoice of file which will have been allotted to him.
It must not be used, nor to have undergone so tiny deterioration either it and to be in a state of perfect cleanliness.
This right of retractation is exerted without penalties. Within a 14 day maximum delay as from the reception of the product, the customer will see himself refunding the versed sums (including the expenses of initial sending of the Product including for a mode of more expensive fast delivery but not the expenses back from Product) In the event of delay, refunding will be increased interests at the statutory rate into force. For this purpose, it will communicate to S.A.R.L BLACK FACE its banking contact.
It is advised with the Customer to turn over his parcels in colissimo followed with signature. He will belong to him to prove the reception of the parcel in the buildings of S.A.R.L BLACK FACE in the event of litigation.
17 – GARANTIE
In order to avoid any nuisance the products are checked by S.A.R.L BLACK front FACE their forwarding. However, the customer profits from a contractual warranty against all the defects which the product delivered throughout one 3 month could have starting from the delivery subject to a use normal and in conformity with the recommendations stated in the documents related to the products and joined instructions.
In any event, the market products profit from the legal warranty against the latent defects envisaged by articles 1641 and following of the Civil code.
Lastly, certain products profit from a wide warranty. In these cases, the methods and warranty period are specified in the map of warranty delivered with the product. This one does not cover the damage, breakages or dysfunctions due to nonthe respect of the precautions for use.
For the implementation of the warranty, the customer turns over the product to S.A.R.L BLACK VIS-A-VIS his expenses by uniting the original of the invoice there.
The product will be exchanged for a product identical and addressed to the customer to the expenses of S.A.R.L BLACK FACE, except in the event of stock shortage or disappearance of the product of the range suggested by S.A.R.L BLACK FACE. On this last assumption, of S.A.R.L BLACK FACE will carry out the refunding of the price of the product to the customer.
With the condition which the purchaser makes the proof of the hidden defect, the salesman must legally repair of them all the consequences (art.1641 and following of the civil code); if the purchaser addresses himself to the courts, it must do it within a “short time” as from the discovery of the defect hidden (art.1648 of the civil code) PERSONAL .
18 – INFORMATIONS
The automated treatment of information, including the management of the addresses email of the users of the site was the object of one declaration with the CNIL. It is made in the respect of the provisions of the law n°78-17 of January 6th, 1978.
The personal information requested from the customer is essential for the treatment and the routing of the orders, the establishment of the invoices and possible contracts of warranty. For this purpose, this information could be communicated to the contractual partners of S.A.R.L BLACK FACE.
The Customer can be opposed to such a communication and in accordance with Data-processing law the “and freedoms” (law of January 6th, 1978), it lays out of a right of access, of modification, correction and suppression of the data which relate to it while being addressed to S.A.R.L BLACK FACE, 41 boulevard Emile Sicard, MARSEILLES 13008, France.
For reasons of limitation of fraud, S.A.R.L BLACK FACE can be caused to require documents in proof of you (of identity, of residence…). We thank you for your comprehension of the procedure. The Customer will be informed by e-mail of the reception of his will of retractation, of the return of his parcel as well as date of refunding.
19 – ELECTRONIC SIGNATURE
The “click of validation” constitutes an electronic signature.
This electronic signature has between the parts the same value as a signature manuscrite.
20 – PROOF
The computerized registers, preserved in the computer systems of S.A.R.L BLACK FACE under reasonable conditions of security will be regarded as the evidence of communication, the orders and the payments occurred between the parts.
The filing of the goods of order and the invoices is carried out on a reliable and durable support being able to be produced as INTELLECTUAL prevue
21 – PROPERTY
S.A.R.L BLACK FACE is holder of intellectual property laws on the site and of the right to diffuse the elements being reproduced on the catalogue of the electronic shop and in particular the photographs for which it obtained the authorizations necessary of the people concerned.
Consequently, the partial or total reproduction, on some support that it is, of the elements composing the site and the catalogue, their use as their provision of third are formally forbidden.
22 – NON RENUNCIATION
The fact for S.A.R.L BLACK FACE of not prevailing itself of a failure by the customer with any of his obligations could not be an interpreter like a renunciation of the obligation concerned and to prevail itself of this failure ultérieurement.
23 – NULLITY
If one or more stipulations of these general terms is held for not validates or declared such pursuant to a law, of a regulation or following a definite decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
This contract is subjected to French law, both for the rules of substance the rules of form.