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[http://www.quali-city.com/]
[http://www.quali-city.com/]
[mailto:info@quali-city.com]
[Web Creator] [LMSOFT]
Qualicity Sàrl, Le Village, F-Saint-Pantaléon-les-Vignes, Tel: +33 (0) 6 31 80 73 39
Copyright Qualicity 2008

TERMS AND CONDITIONS OF SALE

Preamble

The present T&C govern the sale of products by QUALICITY on the website www.quali-city.com.

Clients who are interested in purchasing products offered on this site are kindly invited to read carefully the following T&C before confirming any order. An order validation shall be considered as a full acceptance by the client of these T&C and will make the order binding for the client.

The details of the entity owning this website are the following:

Company : QUALICITY Sàrl, Le Village, F-26770 Saint-Pantaléon-Les-Vignes

On-line shop : www.quali-city.com

Tel. +33 (0)6 31 80 73 39

Article 1 - Price

1 – The prices of our products are indicated in Euros, all taxes included. However, they do not include delivery charges.

2 - QUALICITY may adapt its prices at any time. However, invoices will be based on prices applicable on the date of the order.

3 – The price and delivery charges shall be fully paid when you order. Products shall remain property of QUALICITY until receipt of your payment.

4 – Products and services offered on this site are aimed at both private persons and professionals.

Article 2 - Order

Orders may be placed exclusively via our website: www.quali-city.com.

Each order will be confirmed in writing by QUALICITY with an e-mail addressed to the client. QUALICITY reserves the right to cancel or refuse an order from a client with whom there would have been a dispute regarding the payment of a previous order.

Article 3 - Validation

You represent that you have read the present T&C before placing your order, that you agree with their contents and that you accept to be legally bound by said T&C. The validation of your order shall therefore be considered as a full acceptance, without reservation whatsoever, of these T&C.

Except for the exceptional circumstances described in these T&C, when confirmed by your validation « click », your order becomes final and cannot be withdrawn.

Without proof to the contrary, the data recorded by QUALICITY constitute the evidence of all transactions entered into by QUALICITY and its clients.

Article 4 - Availability

Our product offer, and related prices, shall be valid as long as they are displayed on the website. The products are offered within the limit of stock available. With regards to products not stored in our warehouses, our offer is subject to their availability with our providers.

Information on product availability is provided when you place your order. When such information comes from our providers, there may be some changes or errors. Should a product turn out not to be available after you have placed your order, we will inform you by e-mail or by mail immediately upon receipt of the information from the provider concerned. Your order will be automatically cancelled and you will be immediately reimbursed in case your bank account has already been debited.

In case you have paid by cheque, should ordered products not be available, the reimbursement will take place, at QUALICITY‘s choice, either by cheque or by transfer to your bank account, within 15 days from the date the product unavailability was communicated to you.

Article 5 - Delivery

1 – Delivery Principles

Ordered products will be delivered at the address you have indicated in the order process.

Products will be delivered by a carrier in Metropolitan France, Corsica and Monaco, Switzerland and European Community member countries. Upon request, QUALICITY may consider delivery in other countries, whenever possible.

Delivery times indicated on the website shall be understood as from the date of departure from the warehouse, after receipt of your payment. They are indicative and correspond to usual and average delivery times necessary for handling and transport.

QUALICITY shall not be held responsible in case delivery times are exceeded. In particular, should there be delays due to force majeure events such as strikes or bad weather preventing delivery, the client shall not be entitled to cancel the order nor to ask for a price reduction or to claim for damages.

In case delivery is delayed for any reason, you will be informed by mail in due course. Should it not be possible to execute delivery within 30 days following receipt of your payment, you may cancel your order as long as the products have not left the warehouse, since no debit will take place until the products are being sent.

In case of payment by credit card, the order will be processed as soon as your payment has been confirmed by our bank. In case of payment by cheque, the order will be processed as soon as the cheque has been cashed and credited to our bank account.

2 – Delivery Problems

Pursuant to the applicable law, you shall immediately notify to the carrier, on the freight bill (delivery order), of any problem encountered in the product delivery. Moreover, you shall also send to the carrier a registered mail with acknowledgment of receipt, detailing the reservation you may have on the delivered product (for example damaged or open package). A copy shall be addressed to QUALICITY. If the above conditions are not fulfilled, you will legally not be entitled to an exchange or a reimbursement.

Article 6 - Payment

The payment of your order can be executed :

- either by credit card (Visa, MasterCard, American Express) that will only be debited when the product leaves the warehouse;

- or by cheque issued by a bank domiciled in Metropolitan France or in Monaco. The cheque will be cashed upon receipt and delivery will take place once the corresponding amount has been credited to QUALICITY’s account. The cheque shall be sent to QUALICITY SÀRL, Le Village, F-26770 Saint-Pantaléon-les-Vignes.

Article 7 – Return of goods

1. Not Corresponding Product

You will have a 7 day period as from receipt to return products that would not correspond to your expectations. In such a case, you will bear the return costs. Only the price of bought product(s) will be refunded. Returns shall be addressed to QUALICITY SÀRL, Le Village, F-26770 Saint-Pantaléon-les- Vignes. This right of return can only be accepted in relation to products received by us in their original packaging, in perfect condition, with all accessories and accompanying documentation, including a copy of the corresponding invoice. The return of incomplete or damaged products, or products made dirty by the client will not be accepted.

2. Consumers Right of Withdrawal

Pursuant to article L121-16 of the Consumer Code, the individual consumer shall have a 7 day period as from order receipt to return the product. He will not incur any penalty, but shall bear the return costs. He will be responsible for the safe return of the product in perfect condition, i.e. the product shall be returned in the same condition as it was when sent, in its original packing, with all its accessories, and all labels and notices. Beforehand, the client shall imperatively announce his intention to exercise his right of withdrawal and return the product. Said announcement shall be made by e-mail to: info@quali-city.com. If the above conditions are duly fulfilled, QUALICITY will proceed to the refund, in accordance with article 8 below, after due receipt of the returned product and subject to its perfect condition.

Article 8 - Refund

The refund of purchase price in the cases mentioned in article 7 will be executed within 15 days from receipt by us of the returned products. The refund will cover the purchase price of the returned products, but not the costs of transport.

The refund will be made, at QUALICITY‘s choice, either by transfer to your bank account or by cheque issued in your favour and sent to the billing address indicated in the order.

Orders of products payable on delivery will not be accepted.

Article 9 - Security

Our website is protected by security systems: we have not only adopted the SSL encryption process, but also reinforced all jamming and encryption processes in order to protect more efficiently sensitive data such as payment data.

Article 10 – Customer Service

We are at your disposal for any information you may need:

- tel: 06 31 80 73 39

- e-mail : info@quali-city.com

- mailing address: QUALICITY SÀRL, Le Village, F-26770 Saint-Pantaléon-les-Vignes

Article 11 – Intellectual Property

All contents, including any text, commentary, picture, etc. displayed on www.QUALI-CITY.COM are protected world-wide by copyrights and by other applicable intellectual property rights. As a consequence, any part of contents of the www.QUALI-CITY.COM website can only be used for private purposes and private usage. Reproduction of any parts of the www.QUALI-CITY.COM website is strictly forbidden.

Article 12 - Liability

The products offered by QUALICITY comply with applicable French legislation and standards. QUALICITY shall in no circumstances be held liable in case a product does not comply with the legislation of the country where it is delivered (for example in case said product is forbidden). It is your responsibility to check with local authorities the import regulations and/or usage conditions applying to the products you intend to order.

Displayed pictures are purely illustrative. We invite you to refer to the relevant product description to know the precise characteristics. In case of doubt, or if you wish further information, do not hesitate to contact us.

QUALICITY is only responsible for the contents of the web pages that it publishes.

In case clients purchase in a professional capacity, QUALICITY shall not incur any liability for any indirect or consequential loss or damage (including but not limited to trading or other economic losses and lost profits) arising out of the purchase of the products.

Article 13 - Warranty

1 – Legal Warranty

We undertake to refund or to exchange, at your choice, defective products or products that do not correspond to your order. In such a case, products shall be returned to us in their original packaging, in perfect condition, with all accessories and accompanying documentation, as well as a copy of the corresponding invoice.

In any case, you benefit from the legal warranties regarding conformity of goods and hidden defects, provided for in the applicable laws.

2 – Contractual Warranty

Some products purchased on the QUALICITY website may offer a warranty. Should it be the case, the warranty is indicated in the product description displayed on the website. You should contact us for any information you may need on after sale services in relation to problems encountered with a product. To benefit from the applicable product warranty, you must keep the purchase invoice.

Contractual warranties do not cover :

- defects (and their consequences) linked to a misuse of the product or to an use non-corresponding to the usage for which the product is intended;

- defects (and their consequences) resulting from any attempt to repair or modify the product by persons other than persons designated by QUALICITY;

- defects (and their consequences) resulting from an external cause, non attributable to QUALICITY or its providers.

Article 14 – Applicable Law – Competent Jurisdiction

The agreement formed by these T&C is governed by French Law. In case of litigation resulting from the sale and purchase of QUALICITY products, or relating to the execution, non-execution or interpretation of this agreement, you submit to the competence of the courts of Valence (France). However, you accept that QUALICITY may start proceedings before the competent courts of your domicile.

Article 15 – Personal Data

Information and data concerning our clients are necessary to process the orders and to manage the commercial relationship. They may be transmitted to entities involved in the sales, order handling, payment and delivery processes. Said information and data shall also be kept for security purposes, as well as for the purpose of enabling us to comply with legal and regulatory obligations. They also enable us to improve and personalise the services we are offering to you and the information we are providing you with.

Pursuant to the legislation applicable to storage of personal data, (Loi informatique et libertés of 6 January 1978), you have the right to access and rectify your personal data. In such a case, you shall simply contact us by mail or by e-mail, and indicate your name, surname, e-mail address and, where possible, your client reference/number.

Depending on the choices you made when creating or consulting your client account, you may receive offers from us. Should you not wish to receive any such offers anymore, you may notify it to us at any time by e-mail to info@quali-city.com.

Our website is also designed to be particularly attentive to the needs of our clients. This is one of the reasons why we are using cookies. The purpose is to signal visits to our website. Cookies are only used by QUALICITY for the purpose of improving the personal service which is intended for each of its clients.

Copyright 2008 – Qualicity Sàrl

Qualicity Sàrl, Le Village, F-Saint-Pantaléon-les-Vignes, Tel: +33 (0) 6 31 80 73 39