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TERMS OF SALES
PREAMBLE :
The company “YELLOW EYE FACTORY” is an EURL. with a share capital of 5,000 euros, whose head office is located at 27 rue du paradis, 17450 Fouras (France), registered in the Trade and Companies Register of La Rochelle (17000) under number 905026142, intra-community VAT number: FR35905026142.
Telephone: +33 (0)7 60 91 38 19 - Email: contact@assynt.fr
The website “www.assynt.fr” is the property of the company “YELLOW EYE FACTORY”.
The “ASSYNT” brand is a registered trademark of the “YELLOW EYE FACTORY” company.
The company "YELLOW EYE FACTORY" markets the products of its brand "ASSYNT", in particular via the website "www.assynt.fr".
The “YELLOW EYE FACTORY” company can also select products from other brands and market them via the “www.assynt.fr” website.
These general conditions of sale apply to all sales concluded via the website “www.assynt.fr” with all natural or legal persons, hereinafter referred to as “THE CUSTOMER”.
Any reproduction, in whole or in part, of the "www.assynt.fr" website is prohibited, except with the prior written authorization of the "YELLOW EYE FACTORY" company.
Article 1: Scope
THE CUSTOMER acknowledges having read these general conditions of sale and expressly declares to accept them in full and without reservation, it being specified that this acceptance does not require a handwritten signature.
THE CUSTOMER can download or save these general conditions of sale and it is recommended that they keep the version in force on the day of their order on www.assynt.fr.
Orders placed on www.assynt.fr bind THE CUSTOMER irrevocably and will be confirmed to him as soon as possible by e-mail with the sending of the confirmation of his order, provided that THE CUSTOMER has filled in the e-mail field. The order confirmation entails acceptance of these general conditions of sale, acknowledgment of having perfect knowledge of them and waiver of the right to invoke its own conditions of purchase or other conditions. This confirmation indicates in particular the references and the price of the various products ordered as well as any delivery costs related to the order. The CUSTOMER is advised to store or print a copy of the order form until receipt of the order confirmation e-mail. As this is an online offer, subject to the vagaries of transmissions via the Internet network, it is only valid immediately and subject to acceptance of the order by www.assynt.fr and by its financial partner in charge of online payment.
Article 2: The Products
2.1 Product identification and conformity
The products offered for sale are those described on www.assynt.fr the day of the order by THE CUSTOMER, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of www.assynt.fr.
Text descriptions and photographs of ASSYNT brand products have contractual value.
Concerning the products of other brands, the photographs, texts, graphics and technical data sheets are taken from the documentation drawn up by the said brands, reproduced under their control and with their agreement. In this case, the responsibility of www.assynt.fr can not be engaged in particular in the case where a supplier modifies the characteristics of a product for any reason whatsoever (improvement, evolution of the raw material...).
If THE CUSTOMER makes a purchase in order to use it with a product already in his possession, he must, under his sole responsibility, check its possibility and compatibility through the descriptive sheets of the products concerned. www.assynt.fr can in no way be held responsible for difficulties of use or compatibility.
2.2 Availability
Indications of product availability are provided when the order is placed.
If items should prove to be unavailable after placing the order, THE CUSTOMER will be informed by e-mail as soon as possible, by www.assynt.fr who will then be able to offer him an equivalent product, which THE CUSTOMER will be free to accept or refuse.
Article 3: Prices
The prices listed on www.assynt.fr are prices inclusive of all taxes (TTC) in euros taking into account the VAT applicable on the day of the order. Any change in the rate may be passed on to the price of the products or services. www.assynt.fr reserves the right to modify its prices at any time, it being understood, however, that the selling price retained for the purchase of a product corresponds to that indicated on www.assynt.fr when registering the order. Delivery costs are the responsibility of the CUSTOMER and are invoiced in addition to the sale price of the products, unless specific offers or mention to the contrary.
Article 4. Retention of title
www.assynt.fr retains full ownership of the products sold, until full collection of all sums due by THE CUSTOMER in principal, costs and taxes. However, from the receipt of the goods by THE CUSTOMER, the burden of risk is transferred to him and it is therefore up to him to ensure the proper preservation of these goods.
Article 5: Order and payment
Before any order, THE CUSTOMER must create an account on www.assynt.fr. At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself.
To pay for his order, THE CUSTOMER has all the payment methods offered during the final validation of his order: Credit card, Check or Transfer.
If THE CUSTOMER chooses payment by credit card, the transaction will take place on the secure pages of the Payplug solution, which ensures confidentiality and security thanks to the SSL (Secure Soket Layer) protocol. In case of payment by check, it must be drawn on a French bank. An order paid by check or bank transfer will be processed after cashing the check or bank transfer. The availability and shipping times begin from the date of receipt of payment.
www.assynt.fr confirms the acceptance of his order to the CUSTOMER at the email address that he will have communicated. This acknowledgment of receipt will specify the exact amount invoiced and the terms of delivery of his order. The sale will not be concluded until confirmation of acceptance of the order by www.assynt.fr.
www.assynt.fr reserves the right to cancel any order from a CUSTOMER with whom there is a dispute relating to the payment of a previous order. It also reserves the right to refuse any order quantitatively incompatible with the pursuit of a non-commercial goal.
THE CUSTOMER must verify the completeness and conformity of the information he provides when ordering, in particular concerning the delivery address. www.assynt.fr cannot be held responsible for any input errors and the resulting consequences (delays or delivery errors, for example). In this context, the costs incurred for the reshipment of the order would be borne by the CLIENT. The information of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. The lack of information leads to the non-validation of the order.
To modify or cancel his order before it has been processed (invoiced, in the process of packing or already dispatched) by the services of www.assynt.fr, THE CUSTOMER must make the request as soon as possible by e-mail to contact@assynt.fr. In the event of an accepted cancellation, the refund will be made with the same means of payment as that used during the transaction.
Article 6: Delivery
The products are delivered to the delivery address indicated in the order. THE CUSTOMER benefits from the possibility of being delivered to an address different from that of the invoicing. In this case, both addresses - delivery and billing - must be specified. Delivery times are mentioned indicatively on www.assynt.fr depending on certain parameters such as the day and time of receipt of payment for the order and subject to taking into account the availability indicated on the product sheet. The delivery times announced on www.assynt.fr are understood as from the date of exit from the warehouse of the products ordered by THE CUSTOMER, these deadlines cannot exceed 7 days from the validation of the order by www.assynt.fr for products available, in stock at the time of the order. For all products that require a restocking period, products on order, this period must therefore be added to that of the delivery period.
In addition, for deliveries outside mainland France, THE CUSTOMER expressly agrees to pay all taxes due on the importation of products, customs duty, value added tax, and all other taxes due under the laws of the country of receipt of the order and, in the event of a breach of its obligations, to assume it alone - and without recourse against www.assynt.fr - all the administrative, legal and financial consequences. When the order concerns a product which is no longer in stock, an e-mail informs THE CUSTOMER. The commitment of www.assynt.fr for delivery times is only valid subject to a perfect and clear formulation of his delivery address by THE CUSTOMER, his presence or that of an authorized person during the passage of the carrier and the absence of any obstacle , imponderable or any case of force majeure beyond the control of www.assynt.fr and its carrier partner. The delivery is considered to have been made from the date of the first presentation of the goods to the CLIENT.
THE CUSTOMER has the obligation to check the conformity of the goods delivered at the time of delivery, before signing the delivery note. Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note signed by THE CUSTOMER who must notify www.assynt.fr by e-mail of these anomalies upon receipt of the package. If THE CUSTOMER entrusts the receipt of the product to a third party, He assumes full responsibility.
Article 7: Return for withdrawal
THE CUSTOMER has a withdrawal period of 14 days from the delivery of the product to return it to the registered office of the company YELLOW EYE FACTORY for exchange or refund without penalty, with the exception of the return costs which are at the CUSTOMER responsibility.
To guarantee better processing of the return, a return request must be made directly by simply indicating the reason for return (withdrawal) without it being necessary to justify this request. This request can be made directly by e-mail.
To be able to use this possibility, THE CUSTOMER must imperatively return the complete products, with the accessories and the instructions for assembly or use. In the event of a return, the customer must pack the item concerned with care, he can reuse the original packaging if it is in good enough condition. This right of withdrawal is only offered to consumers, within the meaning of the law, and only for physical products. Professional buyers do not benefit from the right of withdrawal.
The refund will be made with the same means of payment as that used by THE CUSTOMER during the transaction. In the event of the return of a complete or partial order having benefited from a discount on shipping costs or free transport costs, the amount of the refund of the order will be reduced by the cost of these shipping costs.
Warning: THE CUSTOMER must always keep the original packaging of the products, otherwise they will not be able to send them back in the event of problems. Indeed, the Post Office and all carriers never agree to take delivery of products not packaged in manipulable boxes.
Article 8: Product warranties
ASSYNT brand products are guaranteed for 2 years.
Other products sold via www.assynt.fr benefit from a manufacturer's warranty, the duration of which is indicated in the technical description of the product on www.assynt.fr. The precise conditions of application of the guarantee are directly defined in the documents delivered with the product.
In all cases, THE CUSTOMER must be able to present the invoice for the product issued by YELLOW EYE FACTORY to benefit from its warranty with the manufacturer.
The warranty start date for a product corresponds to the date of the invoice for this product.
The warranty does not cover equipment used in the context of competition or rental, damage related to wear, misuse, lack or lack of maintenance, or any modification made to the product. after its delivery.
This warranty also does not cover:
The replacement of so-called consumable products
Non-compliant, irregular and abnormal use of the products
The defects or specificities of a product mentioned in the item sheets
Defects and their consequences related to the non-conforming use of the product for the use for which it is intended
In the event of a return, THE CUSTOMER must return the defective product(s) after acceptance by e-mail from YELLOW EYE FACTORY.
The cost of returning new or repaired equipment to the CUSTOMER is borne by YELLOW EYE FACTORY.
www.assynt.fr can in no way be held responsible for non-compliance with the regulations and laws in force in the country of reception. The responsibility of www.assynt.fr is systematically limited to the value of the product in question, value on its date of sale and this without the possibility of recourse to the brand or the company producing the product. In any case, THE CUSTOMER benefits from the legal guarantee of eviction and hidden defects (Art.1625 and following of the Civil Code). On the condition of proving the hidden defect, the seller must legally repair all the consequences (art. 1641 and following of the civil code); if the buyer goes to court, he must do so within a "short time" from the discovery of the hidden defect (art. 1648 of the civil code).
Article 9: Responsibilities
www.assynt.fr cannot be held liable for damages of any kind, whether material, immaterial or bodily that could result from:
misuse of the products,
non-compliance with the instructions given in the user manuals,
of any handling error,
any abnormal use or use that does not comply with the use for which the product is intended,
from any cause of external origin.
All irresistible, unforeseeable facts or circumstances beyond the control of the parties are considered to be fortuitous events or cases of force majeure exonerating liability.
Article 10: Personal data
When ordering, the CLIENT's personal data collected will be subject to computer processing. THE CUSTOMER is invited to refer to the "Personal Data" tab of www.assynt.fr to obtain all the information relating to this point.
In accordance with the Data Protection Act of January 6, 1978, THE CUSTOMER has the right to access, rectify and delete information concerning him at any time. All he has to do is send an e-mail to contact@assynt.fr or a letter to the registered office of YELLOW EYE FACTORY.
Article 11: Applicable law
Any dispute concerning these general conditions of sale will be subject to French law.
The competent court in the event of a dispute or litigation will be the one on which the company YELLOW EYE FACTORY depends.
Article 12: Mediation of consumer disputes
In the event of difficulties in the execution of the sales contract, THE CUSTOMER will first contact YELLOW EYE FACTORY in order to seek an amicable solution.
In the absence of an amicable agreement, if THE CUSTOMER is a consumer, complaints or disputes relating to the validity, interpretation, execution or non-execution, interruption or termination of the sales contract may be submitted to the Mediator of the National Automotive Professions Council (CNPA) registered on the list of mediators drawn up by the Consumer Mediation Assessment and Control Commission pursuant to Article L.615-1 of the Code of the consumption.
The website www.mediateur-cnpa.fr describes the Mediation process offered and allows customers to submit a request for Mediation online. The Mediator may also be approached by post, using a referral form that can be downloaded from the Mediator's website at: Monsieur le Médiateur du Conseil national des professions de l'automobile (CNPA) – 43 Bis route cde Vaugirard CS 80016 - 92197 MEUDON CEDEX – (E-mail address: mediateur@mediateur-cnpa.fr).
The company YELLOW EYE FACTORY informs THE CUSTOMER of the existence of the European platform for online dispute resolution, intended to collect any complaints arising from an online purchase from European consumers and to transmit them to the competent national mediators: this platform - form is accessible at the address: ec.europa.eu.