| TERMS & CONDITIONS OF SALE
Preamble : We are happy to receive you on our ABCMiniatures.com site.
ABCMiniatures.com is the operating one of this site, any reproduction even partial of
the site (photographs, texts, etc...) is prohibited. The photographs and the texts
illustrating the products presented are not contractual, the responsibility for
ABCMiniatures.com could not be engaged in the event of error. The user who has an
Internet site on a purely personal basis and which wishes to place, for a personal use,
on his site a simple bond returning directly to the homepage of the site ABCMiniatures.com,
must obligatorily make of it the request at the company ABCMiniatures.com. The
responsibility for ABCMiniatures.com could not be committed for all the inherent
disadvantages or damage with the use of Internet network, in particular a rupture of the
service, an intrusion external or the presence of data-processing virus, or of done
everything qualified of cause beyond control, in accordance with jurisprudence.
Editor of the site : ABCMiniatures.com
Owner : Fabrice Gély
Webmaster : To contact our webmaster send an e-mail to: webmaster@abcminiatures.com
customers service
For any information or council, our customers service is at your disposal:
by postal mail: ABCMiniatures.com, 566b chemin le péguier 84170 Monteux, France
By email : info@abcminiatures.com
by phone: +33 9 52 16 95 19 (in French please)
Any order on Internet site ABCMiniatures.com suppose the preliminary consultation of
these general conditions.
Consequently, the consumer recognizes perfectly informed being owing to the fact that
its agreement concerning the contents of these general conditions does not require the
handwritten signature of this document, if customer wishes to order the products in the
shop of the Web site. The consumer little to save or publish the present general
conditions, being specified that as well safeguard as the edition of this document
concern its only responsibility.
Article 1 : Integrality
The present general conditions express the entirety of the obligations of the parts.
In this direction, the consumer is considered to accept without reserve the entirety of
the provisions envisaged under these general conditions. No general or specific condition
appearing in the documents sent or given by the consumer will be able to be integrated
into present, since these documents would be incompatible with these general conditions.
Article 2 : Object
The general conditions have the aim of defining the rights and obligations of the
parts within the framework of the sale in line of goods and services suggested by
ABCMiniatures.com with the consumer.
Article 3 : Entry into force - duration
The general conditions come into effect at the date of signature of the purchase order.
The general conditions are concluded for the duration necessary to the supply from the
goods and subscribed services, until the extinction of the guarantees which had by
ABCMiniatures.com.
Article 4 : Electronic signature
The double click of the consumer to the title of the purchase order constitutes an
electronic signature which has the same value as a handwritten signature.
Article 5 : Confirmation of order
When you confirm your order by dispatching it to us, you accept the entirety of these
general conditions of sale fully and without reserve. Your order is then treated so that
you can receive your parcel. You can print your purchase order. As of recording of your
order, a detailed acknowledgement of delivery of this one will be sent to you by e-mail
or by mail if you do not have an address e-mail.
The computerized registers, will be regarded as the evidence of the communications,
versed orders and payments. The filing of the purchase orders and the invoices being
able to be produced by way of proof.
Article 6 : Information on the products
6-a : ABCMiniatures.com present on its Web site products to be sold with the
necessary characteristics which make it possible to respect the Article L 111-1 of the
Code of consumption, who envisages the possibility for the potential consumer of knowing
before the final order taking the essential characteristics of the products which it
wishes to buy.
6-b : The offers presented by ABCMiniatures.com are valid only within the limit
of stocks available.
Article 7 : Promotions and Price
Promotions are valid only within the double limit of the period of validity of the
offer concerned and stocks available. The prices are indicated in euros and are valid
only at the dispatch date of the purchase order by the consumer. They do not hold account
of the expenses of delivery, added in supplement, and indicated before the validation of
the order.
Nonapplicable VAT, article 293 B of the GGI.
The prices are suitable for variation in the course of year, being
understood that the ordered products remain at the present prices at the time of the
recording of the order.
The payment of the totality of the price must be carried out
during the ordering. No moment, the versed sums could be regarded as down payments or
installments.
The products remain the whole property of ABCMiniatures.com to the complete
cashing of the price by ABCMiniatures.com.
The ordering of an out-of-stock item temporary
or not yet available, automatically transforms this one into reservation.
Article 8 : Mode of payment
The payment of the order is carried out in Euros. To regulate his order, the consumer
lays out, with his choice, of the payment in line SSL by bank card (international bank
cards accepted), transfer.
Payment by transfer: The order is taken into account and will be treated with reception of the transfer.
The consumer has eight days to carry out his transfer.
At the end of this period, we will not accept the payment and the order will be cancelled.
The consumer guarantees ABCMiniatures.com that it has the authorizations possibly
necessary to use the mode of payment chosen by him, at the time of the validation of the
purchase order.
ABCMiniatures.com reserves the right to suspend any management of order
and any delivery in the event of refusal of authorization of payment per bank card,
transfer or rejection of cheque on behalf of the officially accredited organizations or
in the event of non-payment.
ABCMiniatures.com reserves in particular the right to refuse
to carry out a delivery or to deliver an order emanating with a consumer who would not
have regulated completely or partially a preceding order or with which a litigation of
payment would be in the course of administration.
ABCMiniatures.com will inform the customer of it as soon as possible.
The expenses of transfer, exchange and other bank charges are the exclusive load of the customer.
Article 9 : Availability of the products
The order will be carried out at the latest within 3 days as from the day following
that where the consumer placed his order. In the event of unavailability of the ordered
product, in particular because of our suppliers, the consumer will be as soon as possible
informed and will have the possibility for it of exchanging the product or of cancelling
his order with the refunding of the sums paid in the 30 days at the latest of their
payment.
Article 10 : Methods of delivery
The products are delivered to the address indicated by the consumer on the purchase
order.
The goods always travel to the risks and dangers of the recipient.
The consumer is held to check the state of the packing of the goods to the delivery
and to announce the damage due to the conveyor on the delivery order and to
ABCMiniatures.com, the very same day.
The consumer can, with his request, to obtain the
sending of the invoice at another address that that of delivery by validating the option
envisaged for this purpose on the purchase order. With regard to forwarding, we work
primarily with the Post office in Colissimo Suivi. As soon as we proceed to a sending,
you receive a mall immediately by informing you with a number in order to follow your
parcel on Internet site www.coliposte.net. On a purely exceptional basis, we can dispatch
your parcel by another conveyor, the procedure of forwarding is identical. In the event
of delivery towards a country other than the Metropolitan France, you are an importer of
the ordered products. The customs taxes and formalities are the exclusive responsibility
of the Customer. The Customer is only responsible for the checking of the possibilities
of importation of the products ordered in comparison with the right territory of the
country of delivery. For the deliveries except the EEC and DOM TOM of the additional
levies are exigible with the title from the customs and other rights of importation.
These sums will be completely with your load and the responsibility as well in terms
for declarations as for payments to the local authorities.
Article 11 : Problems of delivery because of the conveyor
11a : For France, any delivery ensured by the Post office, the consumer is held
to check at the time of the reception of the parcel, the state of packing in the presence
of the post-office employee in order to note all damages (damages, damaged parcel, broken
products...) in this case, to refuse the parcel immediately and to make a report of parcel
damaged near your post office.
Exceptional case, for all deliveries by another conveyor that the Post office, any anomaly
concerning the delivery (damages, damaged parcel, broken products...) will have to be
imperatively indicated on the delivery order in the form of "handwritten reserves",
accompanied by the signature of the customer.
The consumer will have in parallel to confirm this anomaly by addressing to the conveyor
in the two (2) following working days the delivery date a mail recommended with
acknowledgement of delivery exposing the aforementioned complaints.
The consumer will have to transmit as soon as possible copy of this mail by Email or
simple mail to: ABCMiniatures.com, Service Client, 566b chemin le péguier 84170 Monteux,
France.
11b : For the foreigner, in the event of problem of delivery (damages, damaged
parcel, broken product...), you to refer to the conveyor accredited in order to observe
the procedure and usual terms in the event of problem.
11c : In the event of loss of the parcel, an investigation is requested from
the Post office (or another conveyor). Only the result of this one will allow the
refunding of the sums paid by the customer.
Article 12 : Errors of delivery
12a : The consumer will have to formulate at ABCMiniatures.com delivery the
very same day of the delivery, any complaint of error of delivery and/or nonconformity
of the products in kind or in quality compared to the indications being reproduced on
the purchase order. Any complaint formulated beyond this time will be rejected.
12b : The formulation of this complaint at ABCMiniatures.com could be made:
- in priority by Email : info@abcminiatures.com, but also by connecting you on our site in the heading "Information", " Contact Us",
you will be able to ask us your question by specifying the reference of the order.
12c : Any complaint not carried out in the rules defined above and the time
limits could not be taken into account and will release ABCMiniatures.com of any
responsibility with respect to the consumer.
12d : With reception of the complaint, ABCMiniatures.com will transmit a number
of exchange by e-mail or telephone with the consumer.
12e : In the event of error of delivery or exchange, the product to be
exchanged or refund will have to be turned over to ABCMiniatures.com in its state and
packing of origin, in Colissimo Recommandé, with the following address: ABCMiniatures.com
Service retour, 566b chemin le péguier - 84170 Monteux, France
For to be accepted, any return will have to be announced as a preliminary to the
Customer service of ABCMiniatures.com.
The expenses of sending are with the load of ABCMiniatures.com, except if the taken
again product does not correspond to the declaration of origin made by the consumer in
the good of return.
Article 13 : Guarantee of the products
In accordance with Article 4 of the decree n°78-464 of March 24, 1978, the provisions
of present cannot deprive the consumer of the legal guarantee which obliges the
professional salesman to guarantee it against all the consequences of the hidden defects
of the sold thing.
The consumer is expressly informed that ABCMiniatures.com is not the producer of the
products presented within the framework of the Web site, within the meaning of the law
n°98-389 of May 19, 1998 and relating to the product liability defective.
Consequently, in the event of damage caused with a person or a good by a defect of the
product, only the responsibility for the producer of this one could be sought by the
consumer, on the basis of information being reproduced on of the aforesaid packing
produces.
On the other hand, the guarantee is excluded for any deterioration coming from
foreign causes to intrinsic qualities from the goods, such as those resulting from an
abnormal use (moisture or excessive heating, etc...) or because of purchaser (transport,
handling, assembly when those were done by the purchaser or a third, etc...)
We point out that all the articles contained in the ABCMiniatures.com shop are not
appropriate to the children of less than 14 years.
Article 14 : Right of retractation
The consumer has 7 days frank to exert his right of retractation without having to
justify reasons nor to pay penalties, except for the expenses of return. The time
mentioned runs as from the reception for the goods or of the acceptance of the offer
for the provisions of services. Return to your expenses the articles new in their packing
of origin and intact, to the following address: ABCMiniatures.com, 566b chemin le péguier,
84170 Monteux, France.
You will be refunded paid sums, n the other hand of the reforwarding of the goods to
your expenses in the thirty (30) day with reception by ABCMiniatures.com, and under
condition that the product evening in its state and packing of origin.
Particular cases where the return n' is not possible: right to repossess s' does not apply
to the immediately reproducible products which will have been loosened (CD, DVD…).
Article 15 : Cause beyond control
None of the two parts will have failed in its contractual obligations, insofar as
their execution is delayed, blocked or prevented by a fortuitous occurence or a cause
beyond control.
Will be regarded as fortuitous occurence or cause beyond control done everything or
circumstances irresistible, external with the parts, unforeseeable, inevitable,
independent of the will of the parts and which could not be prevented by these last,
despite everything the reasonably possible efforts.
The part touched by such circumstances will warn of it the other in the ten working
days according to the date on which it will have been informed of it.
The two parts will approach then, within impossibility, one month except due to the
case of absolute necessity, to examine the incidence of the event and to be appropriate
of the conditions under which the execution of the contract will be continued.
If the case of absolute necessity A one duration higher than three months, the
present general conditions could be cancelled by the injured part.
In way express, are regarded as case of absolute necessity or fortuitous occurences,
in addition to those usually retained by the decisions of the courts and the French
courts:
the blocking of the provisioning or means of transport, earthquakes, fires, storms,
floods, the lightning; the stop of the telecommunications networks or difficulties
specific to the external telecommunications networks to the customers.
Article 16 : Partial not-validation
If one or more stipulations of these general conditions are held for nonvalid or are
declared such pursuant to a law, of a payment or following a final decision of a court
of jurisdiction, the other stipulations will keep all their force and their range.
Article 17 : Not-renunciation
The fact for one of the parts of not prevailing itself of a failure by the other part
with the unspecified one of the obligations aimed under the present general conditions
could not be interpreted for the future as a renunciation of the obligation in question.
Article 18 : Title
In the event of difficulty of interpretation between any of the titles appearing at
the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 19 : Applicable law
The present general conditions are subjected to the French law.
It is thus for the rules of funds as for the rules of form.
In the event of litigation or of complaint, the consumer will address himself in
priority to ABCMiniatures.com to obtain a friendly solution.
In the event of litigation the commercial court of Carpentras (France) will be the
only qualified one.
Article 20 : Modification of the general conditions of sale
Taking into account the possible evolutions of the site, ABCMiniatures.com reserves
the possibility of adapting or of modifying constantly the present general conditions of
sale.
The new general conditions of sale, will be if necessary made available of the customer by modification on line and will be applicable to the only sales actual subsequently to the modification.
Article 21 : Data processing, freedoms and right of correction
The information of personal information collected on ABCMiniatures.com for purposes
of the remote sale is obligatory, this information being essential for the treatment
of the orders. The defect of information involves the not-validation of the order.
In certain cases, information which is requested from the consumer is necessary to the
treatment of its order and could be communicated to the contractual partners of
ABCMiniatures.com intervening within the framework of the execution of this order.
The consumer can write in ABCMiniatures.com whose co-ordinates are within the charter
of confidentiality appearing in the framework of the Web site, to be opposed to such a
communication or to exert his rights of access, of correction with regard to information
relating to it and appearing in the files of ABCMiniatures.com, under the conditions
envisaged by the law of January 6, 1978, which it can exert at ABCMiniatures.com, 566b
chemin le péguier, 84170 Monteux, France.
ABCMiniatures.com is committed not communicating, free or with counterpart, the
co-ordinates of its customers to thirds.
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