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GENERAL
TERMS OF SALE
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Applicable as from the 1st of January
2004 The present general terms of sale apply to all sales of the products and services offered by Webcam Production. ARTICLE 1 - PRICE 1.1 – Price indications The prices of our products are indicated in Euros and are exclusive of tax, carriage and order processing costs. 1.2 - Currency All orders, regardless of the country of origin, are payable in Euros. 1.3 – Modification of prices Webcam Production reserves the right to modify its prices at any moment but the products will be charged on the basis of the tariffs in force at the time of registering the orders on the condition that the products ordered are available on this date. 1.4 – Transferral of ownership The products remain the property of Webcam Production until the latter has received full payment for the products. ARTICLE 2 - ORDERS 2.1 – Methods of ordering We undertake to accept your order according to the conditions of the present general terms of sale. You may choose to order: On the Internet: www.webcam-production.com – 24/24h By telephone: 33 4 76 61 66 90 – Monday to Friday from 9 a .m. to 6 p.m. By fax: 33 4 76 61 66 90 – 24/24h By post 2.2 – Accepting your order Webcam Production reserves the right to cancel any order made by a customer with whom there exists a legal dispute relating to the payment of a past order. 2.3 – Stock availability We must emphasise that we can only respond to your order while stocks last or subject to our suppliers’ stocks. 2.4 – Information concerning product availability Upon receipt of your order, we will inform you of the availability of the product(s) that you have chosen. However, in the event that the products are temporarily unavailable despite our vigilance (stockouts, production of new series, etc.) after your have placed your order, we will inform you of the situation by e-mail and offer you the opportunity to cancel or modify your order. In the event that the products are definitively unavailable (discontinued product, etc.) after you have placed your order, we will automatically cancel your order and inform you of the situation by e-mail. 2.5 – Confirmation of your order By confirming your order you recognise that you have read and understood all the present terms of sale indicated on our website and that you accept that they prevail over any other document, notably your own conditions of purchase and that the act of purchase signifies your full acceptance of these general terms of sale. This confirmation and all the data that we have registered concerning your purchase order constitute the proof of our transactions. ARTICLE 3 - VALIDATION You must recognise that you have read and accepted the present General Terms of Sale prior to placing your order. Therefore the validation of your order implies the acceptance of these General Terms of Sale . The data registered by Webcam Production constitutes the proof of all the transactions occurring between Webcam Production and its customers. ARTICLE 4 - AVAILABILITY Our product and price offers are valid for as long as they appear on the website, while stocks last. For products that are not stored in our warehouses, our offers are valid subject to our suppliers’ stocks. In such cases, we will inform you of product availability upon receipt of your order. Since this information comes directly from our suppliers we cannot be held responsible for any exceptional errors or modifications that are outside of our control. In the event that the product is unavailable after you have placed your order we will inform you of this situation by e-mail or by post as quickly as possible. ARTICLE 5 - DELIVERY 5.1 - Generalities The products purchased from Webcam Production are delivered worldwide. The products are delivered to the delivery address that you have specified during the ordering process. The delivery times indicated are average times and correspond to the time taken to process and deliver the order. In the event that articles are delivered at different dates due to conditions of availability, the delivery time is based on the longest stated delivery time. Webcam Production reserves the right to split deliveries but in such cases your participation in the processing and carriage costs will be invoiced for a single delivery only. Webcam Production cannot be held responsible for the consequences of a late delivery. In the event of payment by cheque the order will be processed upon receipt of the cheque. Consequently, the applicable delivery times are those in force on the day of receipt of the cheque and can therefore be modified in relation to those indicated on the day that the order was placed. 5.2 – Delivery problems You are responsible for checking that the merchandise conforms to your order on delivery prior to signing the delivery slip and you must note down and sign your declaration of any anomalies concerning the delivery on the delivery form (e.g. damaged product, etc.). You should also confirm any problems to the carrier within two working days of receipt of the article(s) and send a copy of this document to Webcam Production within the same period. Any products needing to be returned to us must be sent back within two working days of receipt of the delivery. We cannot accept any claim formulated after this time. We can only accept products that are returned in their original state (packaging, accessories, manual, etc.). 5.3 – Conformity and quality We undertake to reimburse or exchange any products that do not correspond to your order (defective or non-conform). Any claim concerning articles that do not correspond to your order (delivery error, non-conformity of products, etc.) must be formulated on the date of delivery or at the latest within the two days of the delivery date either by e-mail, fax or registered post with acknowledgement of receipt. All claims should be sent to the address given in article 9 "Customer Service". All claims must include the contact details of the purchaser, the delivery slip number, the product references featured on the delivery slip and justification of the claim. We cannot accept any claim made outside of this time period. Returned products can only be accepted for complete products in their original state (packaging, accessories, manual, etc.) with a copy of the purchase invoice. 5.4 – Reimbursing carriage costs For the cases mentioned in articles 5.2 and 5.3, we will reimburse you for the carriage costs and the expense of returning the merchandise. However, please note that the sum reimbursed for the cost of returning the merchandise cannot exceed the sum of the carriage costs invoiced. ARTICLE 6 - PAYMENT Payment for your purchases can be made: - By credit card: Visa, MasterCard, American Express, other bank credit cards - By cheque - By bank transfer - Cash on delivery All cheques must be in Euros only and issued by a bank with a domiciliation address in metropolitan France or Monaco . The cheque is cashed immediately upon receipt. ARTICLE 7 - SECURITY Our website is secured: We use the SSL encryption procedure and we have also reinforced all our encrypting and scrambling procedures to protect all payment-related data as effectively as possible. ARTICLE 8 – SATISFIED OR REIMBURSED 8.1 – You have a fortnight counting from the date of receipt to send back any product that does not satisfy your expectations. You will be responsible for the carriage costs and expenses of returning the merchandise. We will reimburse the cost of the product(s) purchased only. The present right to return merchandise can only be accepted for products returned in full and in their original state (packaging, accessories, manual, etc.) with a copy of the purchase invoice. We will not accept any returned articles that are incomplete or have been damaged or soiled by the Customer. 8.2 - The present right to return merchandise does not apply to IT software copied by the Customer or for services that have already been commenced, with the Customer’s consent, before the end of the two week period mentioned above. 8.3 – We undertake to reimburse you within 30 days (inclusive) of the date of receipt of the products. Webcam Production can choose to reimburse the cost of the products by crediting your bank account or by sending a cheque in the name of the customer who placed the order to the address specified for the invoice. 8.4 – Dispatches requiring cash on delivery cannot be accepted under any circumstances. ARTICLE 9 – CUSTOMER SERVICE For any further information or queries, our Customer Service team is at your disposal: email: info@webcam-production.com ARTICLE 10 – INTELLECTUAL PROPERTY 10.1 – We own the copyright and intellectual property rights to all text, comments, works, illustrations and images featured on the site www.webcam-production.com and these rights extend worldwide. Therefore, and in accordance with the dispositions of the Intellectual Property Code, these elements may be used for private use only subject to different possibly more restrictive dispositions of the Intellectual Property Code. Any other use constitutes counterfeiting and will be sanctioned according to Intellectual Property laws unless prior authorisation has been granted by Webcam Production. Any total or partial reproduction of the Webcam Production catalogue is strictly prohibited. 10.2 - Certain products such as software in particular are subject to specific personal usage rights regulating copies, public distribution, hiring, etc. You must respect the general terms of sale of these products and Webcam Production may not be held responsible for product use for any such purposes. ARTICLE 11 - RESPONSIBILITY 11.1 – The products that we propose conform to the French laws in force and to the standards applicable in France . The photographs, texts, informational graphics and characteristics illustrating the products presented are not contractual. As a result, Webcam production cannot be held responsible in case of error or omission in any of the product photographs, texts, informational graphics or characteristics or in case of modification of the product characteristics by the suppliers. 11.2 - Webcam Production cannot be held responsible for the failure to carry out the agreed contract as a result of stockouts or unavailability of the product, cases of force majeure, disturbances to services or full or partial strike action connected with external services particularly postal services, transport and/or communications services, or in the event of flood or fire. Webcam Production cannot be held responsible for indirect damage caused by its staff or for operational losses, profit losses, misfortune, damages or expenses arising as a result of the purchase of the products. Webcam Production cannot be held responsible for any loss of data, files or damages defined in the previous paragraph. 11.3 - Webcam Production cannot be held responsible for the total or partial impossibility of using the products particularly in cases of incompatibility of equipment and is not obliged to compensate or reimburse the customer in such circumstances. 11.4 – Hypertext links may transfer visitors to the Webcam Production website towards other websites. Webcam Production disclaims all responsibility in the event that the content of these sites is in contravention of the legal and regulatory dispositions in force. ARTICLE 12 - GUARANTEE Products purchased from Webcam Production come with a guarantee as indicated in the product article file presented on the website. You are advised to contact the Customer service department for information concerning the after sales service procedures to follow in the event of any problem or breakdown relating to a product. It is imperative that you keep the product purchase invoice in order to benefit from the product guarantee. The guarantees do not cover: - Replacement of consumables (batteries, bubs, fuses, antennae, microphones, optics), - Inappropriate or non-conform use of the products. We request that you always read the user manual provided with products attentively, - Breakdowns connected to accessories (supply cables, network cable), - Defects and their consequences due to the intervention of a repair technician that has not been approved by Webcam Production, - Defects and their consequences due to the use of the products in situations different to those for which the product was designed, - Defects and their consequences due to any external factor. However, you will benefit from the dispositions of the legal guarantee particularly those concerning the guarantee against latent defects. ARTICLE 13 – APPLICABLE LAW – LEGAL DISPUTES The present contract is subject to French law. The original language of the present contract is French. Any legal dispute arising as a result of the present contract lies within the jurisdiction of the Courts of Grenoble (France). ARTICLE 14 – NOMINATIVE INFORMATION 14.1 - Use Webcam Production undertakes not to divulge any information concerning you to a third party. This information is confidential. It is used by our internal departments only when processing your order and to reinforce and personalise our communication policy and the product offer reserved for customers of Webcam Production, such as the Webcam Production newsletters or in the context of website updates according to our customers’ interests. 14.2 – Cookies We use cookies for the sole purpose of informing us of your visit to our website. Webcam Production uses cookies with the sole aim of improving the personalised service that we offer to our customers. 14.3 – Rights of access In accordance with the IT and Liberty law of the 6th of January 1978 , you have the right to access, modify, rectify or delete data concerning you. To exercise this right, please send us an e-mail with your full name, address and if possible your customer reference number to: info@webcam-production.com |
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