1. Domain of application of the general conditions of sale
The present general conditions of sale have for object, on one hand, to inform every possible consumer about the conditions and the modalities in which the salesman proceeds to the sale and to the delivery of the commanded(ordered) products, and on the other hand, to define the rights and obligations(bonds) of the parts(parties) within the framework of the sale of products by the salesman for the consumer. They apply, without limitation nor reserve, to all the sales, by the company Red card's LIMITED COMPANY, products proposed on his(her,its) web site " www.redcardsport.com ".
As a consequence, the fact for every person to command(order) a product proposed in the sale on the web site of the company Red card's LIMITED COMPANY takes full and whole acceptance of the present general conditions of sale with which the buyer re-can have acquainted before his command(order). Any condition not in compliance with these general conditions which the buyer would have formulated will be thrown back(rejected), unless RED CARD'S LIMITED COMPANY has it expressly and in writing recognized the applicability. Products are proposed in the internet sale without limitation of territory. The buyer, before his command(order), declares that he has the full legal capacity, allowing him(her) to make a commitment in conformance with the present general conditions of sale. The company Red card's LIMITED COMPANY reserves the right to modify at any time the present general conditions of sale, subject to making apparaitre these modifications on its site.
2. Identity of the company(society)
RED CARD'S LIMITED COMPANY with a capital of 6000 euro Sends: 9, rue des ble avenue lacanau, 13700, Marignane, France Number of identification: 513 295 592 RCS Aix-en-Provence SIRET 513 295 592 APE 00010 n° TVA FR 515 132 955 92
3. Access to the site and to the customer service
The buyer makes his personal affair(business) of the implementation of the computing means and the telecommunications allowing the access to the Site " Redcardsport " and to the customer service. The buyer keeps(preserves) at his expense the expenses of telecommunication during the access to internet and during the use of the site
4. Customer service
For any information or question, our customer service is at your disposal during the days of opening of the shop in the indicated schedules: phone: 06 60 95 40 90 or in 06 88 93 07 18 or in 06 65 60 28 49 e-mail: redcardsport@gmail.com or postmaster@redcardsport.com
5. Sur Internet command: www.redcarsport.com
You can also command(order) by telephone 06 60 95 40 90. From Monday till Friday from 9:30 am till 12:30 am and from 2:00 pm till 6:30 pm Saturday from 10:00 am till 6:00 pm. The contractual information is presented in French language and will be the object of a confirmation resuming(taking back) this contractual information at the latest at the time of the delivery. Red card's LIMITED COMPANY reserves the right to cancel or to refuse any command(order) of a customer with whom there would be a dispute concerning the payment of a previous command(order). The command(order) of the buyer must be confirmed by Redcard's LIMITED COMPANY, by mail mail or electronic. The sale will be considered as definitive only after the sending to the buyer of the confirmation of the command(order) by Red card's LIMITED COMPANY and collection by this one of the completeness of the price(prize). Red card's LIMITED COMPANY recommends to the buyer to keep(preserve) this information on a paper or IT document.
6. Choice of products
The buyer having acquainted with products and with their characteristics, marketed by Red card's LIMITED COMPANY, has under his only responsibility and according to his needs such as they beforehand determined them before any command(order), settled on one or several products being the object of his(her,its) command(order). Besides, the buyer knowing only the materials(equipments), the software, the configurations and the others, than he uses, is only judge of the compatibility of products commanded(ordered) with those used by him. Red card's LIMITED COMPANY gives to the buyer to help him(it) in the choice of products: - a customer service by telephone, - a help service by e-mail, such as mentioned in the article 4 of the present General Conditions of Sale. It is exclusively up to the buyer, if he does not consider himself competent enough, be attended of an advice(council).
7. Correspondence of products
In case of delivery of a product not corresponding with order (not corresponding), the buyer has to formulate his complaint by mail mail by registered mail, with acknowledgement of receipt, within seven days as from the signature of the list of distribution(casting). Red card's LIMITED COMPANY makes a commitment to pay off, or to exchange products not corresponding with order of the buyer. In that case, Red card's LIMITED COMPANY thanks the buyer for stating it in great detail in writing and for sending back(dismissing) one or several products, after acceptance written by Red card's LIMITED COMPANY. Red card's LIMITED COMPANY will proceed to the exchange or to the refund(repayment) of one or several products. In any case the buyer will benefit from capacities(measures) of the legal guarantee in particular those relative to the guarantee of the latent defects. In the term of this period(delay) of seven days, the delivered products will be considered shape with order and accepted by the buyer.
8. Availability of products
According to the article L 111-1 of the Code of the Consumption, the buyer can, before his command(order), acquaint, on the www.redcardsport.com Site, with essential characteristics of one or several products which he wishes to command(order). The buyer selects one or several products among the various categories proposed on the web site of RedcardSport: books(pounds), videos / DVD, equipments... The offers presented by RedcardSport are valid within the limits of available stocks. For products not stored in his(her,its) warehouses, the offers presented by Redcardsport are valid subject to availability at his(her) suppliers. Redcardsport reserves the right to modify the assortment of products in function(office) in particular constraints bound(connected) to his(her) suppliers.In case a supplier would modify a product, the graphic representation of this one would not know how to engage(start) the responsibility of the salesman nor even to affect the validity of the sale. Photos, graphics(handwrittings) and descriptions of products proposed in the sale are only indicative and engage(start) by no means the salesman. In case of unavailability of the commanded(ordered) product, Redcardsport will inform the buyer as soon as possible. According to the provisions of the article L121.20.3 of the Code of the Consumption, Redcardsport can supply in that case a product of a quality and an equivalent price(prize). In defect for Redcardsport to make use of this faculty(power), the buyer will be paid off immediately and at the latest in 30 days of the payment of the sums which he paid(poured).
9. Price(prize,prices,prizes)
The prices(prizes) of products on Redcardsport are indicated in Euro, inclusive of all taxes, except contribution to costs of treatment and expedition(shipping). As regards the price(prize) of books(pounds), these are established in the strict respect for the law Lang 81-766 of August 10th, 1981. In this frame(executive), Redcardsport can propose to his(her) customers the most interesting price(prize) tolerated by the Law, is a discount(delivery) which can reach(affect) 5 % of the price(prize) of the work. This discount(delivery) being systematically indicated on the product sheet. In case of command(order) towards a country other one than metropolitan France, the buyer is the importer of one or several concerned products. Customs duties or other local taxes either import duties or taxes of State may be due. These rights and sums are not within the competence of Redcardsport.They will be chargeable to the buyer and raise(find) from the whole responsibility, both in terms of statements(declarations) and payments, authorities and\or competent bodies of the country of expedition(shipping). The buyer has to inquire about these aspects, before any command(order) at Redcardsport, with his local authorities. All the commands(orders) whatever is their origin are payable in Euro. Redcardsport reserves the right to modify his(her) prices(prizes) at any time but products will be charged on the basis of price lists(rates) current at the time of the recording of the commands(orders), subject to availability.
10. Validation
The buyer declares to have acquainted and accepted the present General Conditions of Sale before the signing of his command(order). The validation of its command(order) is thus worth acceptance of these General Conditions of Sale. From the moment the buyer booked order by clicking the icone " Validate your command(order) ", he(it) is considered as having accepted with full knowledge of the facts and without reserve the present General Conditions of Sale, the prices(prizes), volumes and quantities of products proposed in the sale and commanded(ordered). Except contrary proof, the data registered(recorded) by Redcardsport establish(constitute) the proof of all the transactions(deals) crossed(spent) by Redcardsport and his(her) customers.
11. Payment
The payment of the totality of the price(prize) is due at once in the date of the command(order). At no time, the paid(poured) sums cannot be considered as deposit or deposits(advances). The collection of the totality of the amount of the command(order) will be made by Redcardsport at the time of the expedition(shipping) of the command(order), except special mention clarified on the page of the article. All the commands(orders) are payable in Euro. To settle(adjust) his command(order), the buyer has all the means of payment aimed within the order form: banking or mail check, Paypal. The buyer guarantees to Redcardsport that he arranges authorizations possibly necessary to use the method of payment which he will have chosen, during the recording of the order form. Redcardsport reserves the right to suspend or to cancel any command(order) and\or delivery, whatever their nature and level of execution, in case of nonpayment of any sum which would be due by the buyer, or in case of incident of payment. Penalties of an amount equal to the legal interest rate increased by five points are applicable by rights to the unpaid amounts at the conclusion of a period(delay) of ten days according to the date of invoicing or from announcement of the refusal(discharge) of banking payment for quite other means of payment. The delivery of any new command(order) can be suspended in case of delay in payment of a previous command(order) and it in spite of the capacities(measures) of the present. Redcardsport reserves the right to ask for a photocopy of the ID card of the buyer for any payment by bank card, check or cash on delivery. Within the framework of the fight(wrestling) against the frauds on Internet, the information relative to any command(order) can be passed on in any third(third party) for check.
12. Property reserve
Products remain the full and whole property of Redcardsport up to the complete payment of the price(prize), in main, fresh(cool) and the taxes included. This property reserve does not put obstacle to the transfer of the risks which will be chargeable to the buyer as from the date in which the commanded(ordered) products will have left the premises Red card's LIMITED COMPANY according to provisions of the article 13.
13. Delivery and reception
Unless otherwise stipulated, the delivery is made for the address which the buyer indicated during his command(order). The risks will be at his expense as from the date in which the commanded(ordered) products will have left the premises of Red card's LIMITED COMPANY The delivery deadlines are only indicative except when, exceptionally, Red card's LIMITED COMPANY undertook to respect a precise date of delivery. In case the buyer chooses to settle(adjust) by check, the command(order) will be treated(handled) only in reception of this one and the periods(delays) will run(roam) as a consequence. In case of partial availability of articles, Redcardsport can be brought to split the commands(orders). So available articles can be sent at first, the balance of the command(order) will be sent when all the other articles will be available. Redcardsport suggests to his(her) customers being delivered by post. Voluminous articles can be delivered only by carrier with appointment setting to the choice of the customer. For lack of respect for the procedures exposed(explained) below, no complaint of the Buyer will be accepted. Characteristics of the system Colissimo de la POSTE. The buyer is delivered to his place of residence by his factor(mail). In case of absence, the buyer or the addressee of the commanded(ordered) product receives a calling card of his factor(mailman), what allows him(her) to remove the commanded(ordered) products, to the closest post office, during a period(delay) of fortnight. The buyer is anxious to verify, in the presence of the civil servant of the post office or the deliverer, the packaging of the goods and his contents in the delivery. In the hypothesis where the buyer would have some doubt whatever nature it is on the contents of his(her,its) parcel, he(it) is held: - to apply the procedure Colissimo (in particular to indicate the due damages, any complaints and the reserves) and to refuse the goods by emitting(uttering) at once a report of abnormality with the civil servant of the Post office (report 170).- To indicate these incidents to Redcardsport. Characteristics of the delivery by carrier with appointment setting: the carrier contacts the customer and agrees with him a meeting. The buyer is anxious to verify in the presence of the deliverer the state of the parcel and the number of parcel delivered. In case of doubt, it is anxious to refuse the parcel and to indicate these incidents to Redcardsport. Periods(delays) The average periods(delays) from the deposit(warehouse) of Redcardsport are the following ones: - Colissimo de la POSTE: 48 at 72 am - By carrier with appointment setting: 10 days These periods(delays) are communicated as a rough guide. Any possible overtaking cannot give place to damages, restraint or cancellation of the command(order) by the buyer.In any case, and according to provisions of the article L 121.20.3 of the Code of the Consumption, the commanded(ordered) products will be delivered for a maximum period(delay) of thirty days as from day according to that when the buyer booked order, subject to the complete payment of the price(prize). For lack of delivery at the expiration of this period(delay), the buyer will have the possibility of cancelling his command(order). The sums paid(poured) by the buyer will then be restored to him(her) immediately, with the exception of quite other compensation. In case of delay in delivery with regard to date initially fixed, the buyer will have to indicate him(it) in writing (mail, faxs, e-mail) to Redcardsport to improve the quality of service which can be suggested to him(her) and allowing Redcardsport to proceed to a survey(investigation) with the carrier.A survey(investigation) with the carrier can last jusqu 21 working days. If during this period(delay), the product is found, he(it) will be rerouted at once instead of delivery indicated(appointed) in the order form. On the other hand, if the commanded(ordered) product is not found at the conclusion of this period(delay) of 21 days of survey(investigation), Redcardsport will proceed to its expenses in a new expedition(shipping) of products commanded(ordered) by the buyer. In the hypothesis where the commanded(ordered) product would then be more available, he(it) will be made application of capacities(measures) aimed at the article 8. In case of new expedition(shipping) of product, the expenses of delivery will be chargeable to the consumer.
14. Guarantee of the latent defects and the responsibility
In the hypothesis where the products which Redcardsport delivered present a latent defect, Redcardsport can, in its choice, eliminate this vice(defect) or replace the product polluted by the other one. If Redcardsport does not want either to eliminate this vice(defect) or to replace the polluted good, or if Redcardsport is unable to make him(it), or if Redcardsport cannot make him(it) for the periods(delays) because of elements which do not depend either on his(her,its) will or on its fact, the buyer can, in the choice, send back(dismiss) to him(her) against refund(repayment) of the price(prize) and the expenses of return, or ask him(her) for a reduction of the selling price. The proposed products are in accordance with the French legislation current. Redcardsport declines any responsibility in the hypothesis where the delivered product would not respect the legislation of the country of delivery (censorship, ban on an author or on a book). Also, his(her,its) responsibility would not know how to be held(retained) because of the contents of the sites to which hypertext links can send back(dismiss) from his(her,its) site. Redcardsport makes a commitment to bring all the used care in the profession for the implemented(operated) of the service offered to the customer. Nevertheless, his(her,its) responsibility cannot be held(retained) in case of neglect to its contractual obligations(bonds) because of a coincidence or of a case of absolute necessity such as, and without limitation, Natural disasters, strikes, fires, floods, failure or breakdown of material(equipment), means of transportation, communication or because of the schemes of the buyer. Furthermore, the responsibility of Redcardsport will not be engaged(started) in case of delay owed to a shortage of stock at the publisher(editor) or the supplier nor in case of error in the presentation(display) of products on its site, photos, texts and illustrations representing products not being contractual.
15. Right of retraction - satisfied or paid off
According to the article L121-20 of the Code of the Consumption, the buyer has a period(delay) of seven true days as from the date of reception, to turn(return) to his expenses, the commanded(ordered) products, for refund(repayment). Products must necessarily have returned to Redcardsport in a perfect state of resale, in their state of origin (packaging, accessories, notes), dument sealed, and accompanied with the invoice corresponding to the purchase. In particular, products such as pounds, videos, DVD, CD-ROM, software must not have been unsealed, so that the buyer can benefit from the right(law) of retraction. Also, if the product contains a sheet(leaf) of guarantee or quite other document to be completed,This one must not be filled(performed) so that the buyer can exercise his right(law) of retraction. Any incomplete, damaged, damaged product or the original packing of which will have been damaged, will be neither paid off nor will exchange. The exercise of the right(law) of retraction will give place to the choice of the buyer: or in a refund(repayment) in cash, by recrédit of the bank card seized during the initial command(order) or, in case of impossibility, by letter-check; or in the allocation(attribution) of a purchase voucher, in the conditions expressed in the point 16 below.
16. General conditions of refund(repayment)
Subject to specific arrangements foreseen(planned) in the point 15 above, any refund(repayment) chargeable to Redcardsport will be made in the form of purchase voucher to be been worth on its site. In every case Redcardsport will communicate during the allocation(attribution) of this purchase voucher by electronic message: - his(her,its) duration of validity - the possibility or not that will have the buyer to ask for a refund(repayment) - his amount If the purchase voucher does not carry(wear) opposite mention, during his(her,its) period of validity, the customer can ask on simple call(appeal) the customer service or by e-mail to transform this purchase voucher into refund(repayment). This refund(repayment) will take place first and foremost by recrédit of the bank card seized during the initial command(order) or, in case of impossibility, by letter-check.In case of partial use of the purchase voucher, the remainder will remain available for the customer in the same conditions as the original credit note. A purchase voucher will be considered as used in case of use even partial or of demand of refund(repayment). By the fact of using this purchase voucher, the consumer makes a commitment on the honor not to formulate contesting or opposition with his bank or the other one, in the transaction(deal) concerned by the refund(repayment), and makes a commitment not to make him(it) within one year following the use of the purchase voucher. The consumer re-can have knowledge that any neglect in this obligation(bond) would expose(explain) him(it) to retrocession of the sum indument received, without prejudice damages which could be demanded to him(her) by Redcardsport.
17. Intellectual property
All the texts, the comments, works, illustrations and images reproduced on the site Redcardsport are reserved in conformance with the copyright as well as in conformance with the intellectual property and for the whole world. As such and according to the capacities(measures) of the Code of the Intellectual Property, alone(only) the use for a custom(usage) deprived subject to different capacities(measures) even more restrictive of the code of the intellectual property. Any total or partial reproduction of the site of Redcardsport is strictly forbidden. Certain products such as in particular DVD are the object of personal and specific right(law) of use regulating copies, public distribution(broadcasting), rent. You have to respect the general conditions of sale of these products and Redcardsport would not know how to be considered as person in charge of the uses which could be made by products in this frame(executive).
18. Partial not validity
If one or several conditions of the present general conditions of sale are considered as valid or declared as some in application of a law, a regulation(payment) or in the continuation(suite) dune definitive decision of a competent jurisdiction, the other conditions will keep(guard) all their strength and their reach.
19. Applicable right and competent jurisdiction
The present contract is subjected to the French law. The language(tongue) of the present contract is the French language. In case of dispute the French courts will be only competent.
20. Computing and liberties
The information collected by Redcardsport during any command(order) of the buyer is necessary for the management of its command(order) by Redcardsport and his(her) commercial partners. According to the IT law and Liberties n°78-17 of January 6th, 1978, the buyer has a right of access, a rectification, an opposition and an abolition(deletion) to the data concerning him(it) with Redcardsport. Through Redcardsport, the buyer can be brought to receive commercial propositions of the other bodies or begun, or to be informed about the offers of Redcardsport. If the buyer does not wish to receive these propositions, he can inform Redcardsport about it by mail to Redcard's, 9, rue des bles avenue lacanau, 13700, Marignane, FRANCE, or by e-mail with contact redcardsport@gmail.com