TERMS AND CONDITIONS AGREEMENT
The present General Terms and Conditions of sale Agreement are agreed to between, on one hand
"HOBBY1 company, registered at the Paris Commercial and Companies Registry under the number B 531 573 152, with a share capital of €70,000".
Hereinafter referred to as «the seller»
And, on the other hand,
Internet users - non-commercial adults - who would like to make a purchase on the 1001modelkits' website available on the following link:
Hereinafter referred to as «the user».
The present Terms govern the sale of all products and services presented on the 1001modelkits.co.uk website by the
All parties agree that their exchanges will exclusively be governed by this agreement and will exclude any other terms.
Any order duly validated on the 1001modelkits' website implies total and unconditional acceptance of these General Terms of Sale and possibly, any special or specific condition related to one or more products, services or orders.
If a term is deemed to be lacking, it will be governed by the current standard practices used by mail order companies whose headquarters are based in France. The 1001modelkits company is committed to follow the provisions laid out in the French Consumer's Code's mail order sales.
The present conditions aim to define the terms of sale between the seller and the user, from the order to services, including payment and delivery.
They govern all of the steps involved when an order is placed and ensure of its proper-functioning between the contracting parties.
ORDERING AND AVAILABILITY
An order can be only be recorded on the website if the user has logged in while entering the adequate username and password, which are strictly personal.
As a user, you testify that you are at least 18-years-old and have the legal capacity - or have a parental permission - allowing you to place an order on the website.
An order implies the acceptance of the products' prices and descriptions available for sale.
The user testifies having read and accepted these Terms and Conditions before placing the order. The validation of your order therefore implies acceptance of these Terms and Conditions.
After an order has been placed, the seller notifies the user of the order's confirmation by e-mail.
The seller must inform the user when the products have been shipped away.
The 1001modelkits company commits to fulfilling orders received through the website only as long as the products are in stock. If a product becomes unavailable, the seller commits to informing the user about it.
The 1001modelkits company will do its best to ensure that the products' availability displayed on its website is accurate. In the event where a product was listed as available on the website but is actually out of stock, the 1001modelkits company must inform the user within 2 business days.
Products' availability is indicated on each product's page. The products exist under three different statuses:
- In stock: shipment will be made within 2 business days. The products are physically available in the seller's stock in Normandy (France).
- Available: shipped in between X and X business days after the moment when the order is made. The products are not physically available at the seller's stock in Normandy thus the company is waiting for its supplier to deliver them. Time of shipment may vary according to every supplier.
- Not available: These products are currently out of stock and cannot be ordered in the mean time.
The delivery's deadline represents the time required to ship away a product (indicated on the product's page) in addition of the delivery time needed. All in all, the deadline will vary depending on the delivery method chosen by the user.
If the seller believes that the total delivery time might exceed 30 days, he may suggest that the user cancels the order pending the restocking of a or many products.
Any order placed on the website and which is to be delivered outside of France or the EU may be subject to taxes and custom duties which are imposed when the package reaches its country of destination.
These custom duties and other taxes involved in an item's delivery are to be paid by the user and are, as a user, your responsibility. The seller is not obliged to check and inform the user about customs duties and applicable taxes. To learn more about these taxes, the user ought to check with the destination country’s relevant authorities.
METHODS OF PAYMENT
The user may use one of the following payment methods in order to complete his purchase:
- online, during the checkout, using a credit card:
Visa, MasterCard, American Express.
- online, during the checkout, using PayPal.
- bank transfer: in this case, the order will start to be processed upon payment reception.
The products' prices are indicated in pounds (£) and include all taxe ; however, they exclude the shipping and delivery fees.
The seller has the full right to modify prices at any time, however the products will be invoiced based on the prices that were in effect at the time the order was submitted.
Prices listed on the site are guaranteed to be valid as long as they are online and within the limits of available stocks.
CANCELLATION, EXCHANGE AND RETURN RIGHT
According to the 2011/83 European Directive, the user has a period of fourteen (14) days to exercise his right of withdrawal to cancel an order without having to provide any explanation. This is the French In consumer rights legislation and practice.
All items can be exchanged or refunded within a period of thirty (30) days starting the reception date, except those which specify otherwise, for example, items that have been customised according to the user's request. The user must submit the refund request within 30 days after the date of package's reception.
- If the user would like to exchange an item by another and if the new one costs more than the one that should be exchanged, the payment of the remaining balance ought to be added to the user's exchange request.
- On the other hand, if the user would like to exchange an item by another and if the new one costs less than the one that should be exchanged, the user will receive - upon request's reception - a credit-certificate or a voucher in the form of a code (that can be used on the seller's website) to refund the difference.
Damaged (after reception), opened or incomplete products as well as the ones that were on sale on the date of purchase will not be accepted.
After the user has made the return/cancellation request, the package should be returned to the address written on the receipt included in the package fourteen (14) days starting the date when the exchange or cancellation was made (by email or by mail).
Any return, even if a product arrived initially defective, will be on the user's charge.
The returned product must be complete and in a packaging that allows a safe transportation. It must also be in the same conditions it was received in.
The refund or exchange will be effective upon product's reception and inspection by the seller.
All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided in articles 1641 (and those that follow) of the French Civil Code. Regarding the purchased items, the user benefits from a guarantee that allows returning defective items that were delivered, according to articles L 211-4 (and those that follow) of the French Consumer Code.
Article L211-4 of the French Consumer Code
The seller must deliver goods conform to the contract and the company is liable for deficiencies of conformity that exist upon delivery. The seller is also responsible for deficiencies of conformity resulting from the packaging, assembly guide or installation when the seller’s responsibility was specified by the contract or was carried out under his responsibility.
Article L211-5 of the French Consumer Code
In order to comply with the contract, the product must:
1. Be suitable for its original purpose usually associated with an equivalent product and, where applicable:
- match the description provided by the seller;
- feature all qualities that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or his representative, particularly in terms of advertising or labelling.
2. Feature characteristics defined by a mutual agreement between both parties or that suit specific purposes about which the user informed the seller and to which the seller has given his agreement.
Article 1641 of the French Civil Code
The seller is required to uphold the guarantee in the event of a sold item's hidden deficiencies which disable its normal and intended purpose of use, or that disable the product's use to a point to which the seller would not have acquired it, or to which he might have suggested a lower price if the deficiencies were previously known.
Article 1648 subparagraph 1 of the French Civil Code
Proceedings resulting from latent deficiencies must be initiated by the user within two years starting the date when they were discovered.
Article 1245 of the French Civil Code
"The liability of a product's deficiency will be assigned to the manufacturer, wether or not he is linked by a contract with the victim".
As for the after-sales services offered by the seller, two options are feasible:
- Reach 1001Modelkits: The company will contact the manufacturer so he can provide the procedure to follow. Often it will imply that the user sends the product to the manufacturer so he can check it, repair it or replace it.
- Directly reach the manufacturer: He will provide the procedure to follow, the missing pieces [...]
SIGNATURE AND PROOF
Any website user who does not have a personal customer account must follow the registration procedure to create one by signing up. The username and password are strictly confidential data that the user must absolutely not share with third parties. In the event where an unauthorised use of the user's account is suspected, the user must promptly report this use to the seller.
In all cases, the online entry of the credit card informations and the order's final validation will constitute a proof of the completeness of an order in accordance with the provisions established by the 13th of March 2000 law. This will lead to the immediate payability of the amounts committed by the articles' entry on the order form.
Such validation implies immediate acceptance of all transactions made on the website and acts as a signature. Nevertheless, in the event of fraudulent credit card use, the customer must -upon observation of such mis-use- contact the seller’s customer service by phone on +44 20 3923 1056.
For each one of the order process and post-order steps, the 1001modelkits has, throughout the contract that ties the company to the user, an obligation of result.
Therefore, the seller undertakes to describe, as accurate as possible, the products sold on the www.1001modelkits.co.uk website.
However, the seller's liability cannot be incurred if a breach of contract occurs due to the unforeseeable and unavoidable action of a third-party or due to a case of a force majeure as defined by the French court. Similarly, the seller's liability cannot be incurred for any inconvenience or damage arising from the use of the internet, including an internet service failure, an external intrusion or the presence of computer viruses.
As a user, if you do not wish to receive these offers, you can indicate this choice at any time, either directly on the website in your personal account, or by email at firstname.lastname@example.org, by including your full name, email and, if possible, your customer reference number.
In accordance with the Data Protection Act of the 6th of January 1978, the user has the right to access and correct any personal data, upon written request to the seller’s customer service department.
The user's data is confidentially kept by the seller for a 2-year period starting the date of the last visit made on the website.
The user is informed that this automated processing of information, including emails management, has been declared to the CNIL (French National Commission of Computing and Liberties) under the number 1510831 active since the 6th of June 2011.
The seller uses all available means to ensure the confidentiality and security of transmitted data over the website. As such, the website uses a secure payment system which uses SSL (Secure Socket Layer).
All elements of the 1001modelkits.co.uk website, whether it be related to visuals or sounds, including the underlying technology, are protected by copyright, trademarks or patents.
In the event where any provision of this contract is deemed null and void by a change in legislation, regulations or following a court decision, the validity and the enforcement of the present Terms and Conditions of Sale will in no condition be affected.
The present terms can be applied as long as the services offered by the 1001modelkits company remain online and active.
The digital records stored in the 1001modelkits company and its partners’ computer systems – which are held in reasonably secure conditions – will be considered as proof of communication, orders and payments between the parties.
STORAGE AND ARCHIVING OF TRANSACTIONS
The archiving of order forms and receipts is made on a reliable and sustainable media so it can represents a faithful and sustainable copy in accordance with article 1348 of the French Civil Code.
LAW AND JURISDICTION
The present Terms and Conditions are subject to French law. The court having jurisdiction in case of a dispute will be the one at defendant’s place of residence or, at the plaintiff’s request, at the location where the product was effectively delivered.