Publishing Director: Frédéric MOLINA
Publisher of the Website:
France Accessoires SAS
SARL Capital of 96,000 €
1 Bis Chemin des Castors 13240 Septèmes-les-Vallons; France
RCS Aix-en-Provence: 839 970 282
VAT INTRACOMMUNAUTAIRE: FR44839970282
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These General Conditions of Sale constitute a contract formed between SAS FRANCE ACCESSOIRES and its Customers making a purchase (s) on the site https://www.accessoires-asus.com.
Article 1 - DEFINITIONS
"Product": Product of any kind offered for sale (e-commerce service) on the Site
"Customer": Individual or Reseller with the legal capacity to contract a purchase and placing an Order on the Site.
"Private Client": a non-commercial natural person carrying out the Order and holding full legal capacity.
"Non-professional Client": any legal entity that acts for purposes that are not part of its commercial, industrial, artisanal, professional or agricultural activity.
"Professional" and / or "Reseller": commercial company or trader carrying out an Order as part of its professional activity.
"Order": commitment to purchase all items selected by the Customer via the Site's e-commerce service.
"Site": Website published by SAS FRANCE ACCESSOIRES and accessible at url: https://www.accessoires-asus.com
"Services”: all the services offered by FRANCE ACCESSOIRES via the Site.
"Content”: any information, text, still or moving image, data, sound, multimedia file posted on the Site
"GTCS”: the present General Terms and Conditions of Sale.
ARTICLE 2 - OBJECT
SAS FRANCE ACCESSOIRES is a certified dealer of new accessories and new parts of the ©ASUS brand.
In this context, it (the Site) publishes an online sales service of new ©ASUS brand parts and accessories under the terms and conditions referred to in these GTCS.
Except as otherwise expressly stipulated in a special agreement concluded between the parties or in a special conditions of sale specific to certain categories of products, the present GTCS cancels and replaces all previous versions.
Sales made by SAS FRANCE ACCESSOIRES, via its Site, are subject to these general conditions, which prevail over all the general clauses that may appear on the buyer's documents, except in the case of the express written consent of SAS FRANCE ACCESSOIRES.
SAS FRANCE ACCESSOIRES reserves the right to adapt, modify these Terms at any time. The current version of the GTCS is accessible via the home page of the Site (tab at the bottom of the home page). In case of modification, only the GTCS applicable on the day of the Order will be applicable.
These GTCS are legally binding between the parties
Any Order on the Site is subject to the unconditional acceptance of these GTCS by the Customer
ARTICLE 3 - ORDER
3.1 Creation of a Customer Account:
Any Order on the Site requires the creation of a Customer Account.
It is then up to the Customer to complete the registration form available on the https://www.accessoires-asus.com /inscription.php page with the following information:
• Account type: individual
• First name
• Telephone number
• Delivery information
• Account type: professional
• Corporate name
• SIREN (business identification number)
• VAT N °
• Headquarters/Main office
• Delivery address ;
• Telephone number;
• Delivery information
When creating the "Customer Account", the Customer is asked to create his login password in order to access his Customer Account on the Site at any time.
It is reminded that the password is personal and confidential. In this regard, the Customer acknowledges being fully responsible for preserving its confidentiality as well as for its use.
When registering, the Customer is prohibited from providing information that is erroneous and / or prejudicial to the rights of others.
In the event that FRANCE ACCESSOIRES is aware of the existence of erroneous information or information that infringes on the rights of third parties, it reserves the right to suspend a Customer Account or refuse the creation of the Customer Account.
The Products offered by FRANCE ACCESSOIRES comply with the French legislation presently in force.
The Site is offered in English, French.
FRANCE ACCESSOIRES displays each Product in the "Product Sheet" presenting the main features of the Product. It is therefore the responsibility of the Customer to refer to the Product Sheet before any Order or use to know the characteristics.
The descriptions and information relating to the Products are not exhaustive and are not intended to replace the information of the manufacturer. The Customer is obliged to refer to the manufacturer's "product" information that may appear on the Site, on the manufacturer's website, on the packaging and / or the documentation accompanying the Product and more particularly the instructions for use supplied with the Product. Given the technical nature of the Products sold and their specific use, the Customer must comply with the manufacturer's instructions and recommendations.
The photographs and illustrations on the Site have no contractual value.
The Site makes available to its Customers a "Contact" page through which they may request additional information concerning the Products.
It is noted that the choice of Products remains the sole decision and responsibility of the Customer. The Customer remains sole judge in the determination of the need and the compatibility of the selected Products in regard to the desired and eventual use of said Products.
FRANCE ACCESSOIRES may, at any time, update, adapt, and modify the list and the characteristics of the Products.
3.3 Product Availability
The offer of Products is limited to available stocks.
FRANCE ACCESSOIRES, as publisher of the Site, makes its best efforts to indicate the state of availability of the Products (as shown on the "Products sheet"); nevertheless, concomitant and / or simultaneous orders can lead to incorrect updates of the stock status.
In this context, if a Product has been indicated as "available" at the time of the Order but is ultimately unavailable, the SAS FRANCE ACCESSOIRES, may at the request of the Customer, offer them a Product equivalent in quality and in price.
In such a case, if the non-professional Client wishes to order the equivalent Product, it will be their responsibility to exercise their right of cancelling the Order of the unavailable Product. Said Order, which has been cancelled at the behest of the Customer, will be refunded to them under the terms and conditions defined below in Article 7.
In case of the unavailability of the Product, the Customer has the option to request to be notified of the restocking of said Product by email via the Product Sheet.
Regarding the Professional Client, it will be his responsibility to contact the SAS FRANCE ACCESSOIRES via the Site (form "contact" Site) to cancel the Order.
The Customer may then proceed to the Order for the equivalent Product offered by SAS FRANCE ACCESSOIRES via the Site.
In the event that the Customer proceeds with the Ordering of Products requiring a Special Order from the manufacturer, it acknowledges that the Order will become firm and final after receipt of payment by the SAS FRANCE ACCESSOIRES. No returns, no exchanges are permitted.
In the event that the Customer wishes to make a special order requiring the establishment of an estimate, it will be necessary to make the request to FRANCE ACCESSOIRES via the Contact form of the Site. If applicable, the price offers sent by email to the Customer are valid for 1 week. In the event that the Customer accepts the offer, it will be up to them to send a confirmation email to FRANCE ACCESSOIRES – a confirmation email validating the Order will then be sent by FRANCE ACCESSOIRES upon receipt of payment.
3.4 Orders from and / or to abroad
The Customer is solely responsible for the Orders made on the Site; they are therefore obligated to check with the local authority of the destination country for any limitations on the importation or use of the products they intend to order on the Site.
In view of the technical and specific nature of the Products, the Customer acknowledges that the Products may contain technologies and software subject to import/export restrictions and laws from / to the United States and from/to the European Union as well as the laws of the country where they are delivered and/or used. Products may not be sold, rented or transferred to restricted users or countries, or used for violation of international regulations. The Customer must refer to the regulations in force, which vary regularly according to the products.
In this regard, it is noted that the Customer will be solely responsible in case of violation of the applicable regulations by any country outside France in regards to the composition, use, import or export of the Products and guarantees the company FRANCE ACCESSOIRES against any recourse, litigation, prosecution in this respect.
The Customer recognizes and expressly accepts that Any state tariffs/taxation relating to the importation of a Product will be their responsibility.
3.4 Sales Contract
During their visit on the Site, the Customer selects the Products they wish to order on the Site by clicking on the "Add to Cart" on each "Product Sheet".
The Cart can be viewed at any time by clicking on the "My Cart" tab at the top right of the homepage.
When the Customer has added all the Products that they wish to order on the Site, they must proceed to the "Validation of the Order" via the "Shopping Cart".
To validate the Order, the Customer must identify themselves or create a Customer Account under the conditions defined above in article 3.1.
To identify themselves, the Customer must enter their "customer Identification" / "login" and their confidential and personal password.
The Customer is then directed to a page of the Site allowing them to:
• view the detail and the total price of the Order;
• indicate the information relating to the delivery of the Order;
• correct any errors;
• choose their method of payment;
• Validate/confirm the order.
The sale is deemed concluded after the validation of the Order by the Customer, a confirmation email is sent to the Customer to the email address entered during the creation of the Customer Account.
Purchase Orders are archived by SAS FRANCE ACCESSOIRES in accordance with the legal provisions in force in France at the time of the Order.
In the event that upon receipt of the Order, SAS FRANCE ACCESSOIRES would notice the existence in of an unpaid balance from a previous order on its accounts, the SAS FRANCE ACCESSOIRES will be entitled to request payment for the previous unpaid invoice before sending the new Order.
3.5 Payment / Method of payment:
For Orders to France (mainland France, DROM-POM-COM), payment for the Order on the Site can be made by:
• Carte Bleue
• E-Carte Bleue
• Maestro Card
• Visa Electron
• Bank transfer (RIB in PDF format on our website)
For Orders to other countries of the World (served by our carriers) payment for the Order on the Site can be made by:
• Carte Bleue
• E-Carte Bleue
• Carte MasterCard
• Carte Visa
• Bank transfer (RIB or Bank account details in PDF format on our website)
Only the holder of the means of payment referred to above may proceed to the payment of their Order on the Site. As such, the company FRANCE ACCESSOIRES, publisher of the Site, cannot be held responsible in the case of fraudulent use of the means of payment by the Customer.
Payment by credit card:
SAS FRANCE ACCESSOIRES has chosen to use the secure 3D Secure payment system provided by CAISSE D'EPARGNE to provide its customers with optimum security in the payment of their order.
When paying by credit card, at the end of the order, the Customer is redirected to the secure server of the bank "La Caisse d'Epargne" to enter its banking information (encryption and identification via the 3D SECURE process) . The Customer then benefits from enhanced protection since he must enter, in addition to his credit card number, its expiry date and the three figures of the visual cryptogram on the back of the card, a specific single use code (for enhanced security and authentication) that will have just been transmitted to them via SMS to their mobile phone. This service is free (the SMS will not be charged to their account). Nevertheless, the customer’s mobile telephone details will have to be transmitted to his bank in order to benefit from this service. The receipt of an SMS containing a unique code is immediately follows a purchase action initiated on the internet.
The data is processed directly by the specialized centers of the Caisse d'Epargne, the SAS FRANCE ACCESSOIRES does not have access to the banking data of its Customers.
The debit is made at the time the Order.
Payment by check :
When paying by check, the Customer is required to send their check, by mail, to the order of SAS FRANCE ACCESSOIRES at the following address:
Internet Order Service
1 Bis Chemin des Castors
13240 Septèmes les Vallons
The Customer is required to send the bank check accompanied by a copy of the invoice (containing the references) acknowledging the Order or writing the references of the Order on the back of the check, no later than one week after validation of the Order. If said check is not received within the aforementioned period, FRANCE ACCESSOIRES will be entitled to cancel the Order.
It is specified that only checks bearing the name of the Customer who made the Order will be accepted.
The Order is shipped by SAS FRANCE ACCESSOIRES after confirmed payment of the Order. Thus, in the event of a payment incident, the Order will be canceled by SAS FRANCE ACCESSOIRES and the Customer will be notified.
In the event of a large order (greater than € 1,000), payment must be made by bank certified check payable to FRANCE ACCESSOIRES.
Payment of Orders by Professional Clients:
Payment for the Order must be made in full at the moment of sale (i.e. Validation of the Order).
In some cases, it may be agreed, by mutual consent between the Professional Client and the SAS FRANCE ACCESSOIRES, that the order can be settled in several scheduled payments. If applicable, the Professional Client and SAS FRANCE ACCESSOIRES will agree on the number payments and terms of payment for the Order. Regardless, it is agreed from the start that in case of non-payment of a single scheduled payment, the full amount of the Order will be payable. Also, the Professional Client acknowledges that the SAS FRANCE ACCESSOIRES will reserve the ability to halt the delivery of the Products in an Order whose payment schedule was not respected by the Professional Client and this until presentation of a guarantee of payment by said Client.
In the event of late payment, the provisions of Article 7 below shall apply.
By express agreement, the client will be in default if payment is not received on the scheduled due date. This default may result and without prior notice to:
• Late penalties fees equal to the standard finance rate applied by the European Central Bank to its most recent refinancing operations, plus 10 points.
• Require Payment in full of all the sums due;
• The invoicing of a lump sum indemnity of 40 € per late payment invoice for recovery costs in accordance with the provisions of articles L.441-6 and R. 441-5 of the French Commercial Code.
And this without prejudice to possible additional damages.
The Client (Professional or non-professional) can never, on the grounds of a complaint formulated by them, withhold all or part of the sums due by them, nor make compensation.
ARTICLE 4 - PRICES
The prices displayed on the Site are indicated in euros.
Since prices are always based on agreements with suppliers, FRANCE ACCESSOIRES reserves the right to modify them at any time. The price invoiced at the completion of the Order is the established price in force at the time of the order.
It is specified that the prices displayed on the Site include all taxes (VAT) excluding delivery charges.
Regarding the Professional Clients, Prices Excluding Taxes will be used in commercial documents made to their attention. The French VAT in force at the time of purchase will be added at the time of payment of the Order.
Sales outside France
Sales to individuals invoiced and delivered in a Member State of the European Union are subject to the French VAT in force at the time of the Order.
Deliveries of goods from France to buyers established in another Member State of the European Union are exempt in France; the Client will be subject to the applicable taxes for the corresponding acquisition in the country of arrival, based on the guidelines and the rate in effect in that country. In this context, it is up to the Customer to inform, before the invoice is issued (via the Customer Account creation form) , the SAS FRANCE ACCESSOIRES their pertinent identification number issued by the tax administration (European Union VAT Identification number) in accordance with the provisions of Article 262 Ter I of the General Tax Code.
In the absence of communication of the European Union VAT Identification number, or the communication of a wrong number, the amount of the invoice HT will be increased by the VAT applicable in France on the day of the Order in accordance with the legal and regulatory provisions.
Orders placed on the Site by Clients from countries not members of the European Union, Overseas Territories, local authorities of Mayotte, New Caledonia and Saint Pierre and Miquelon, Andorra and territories of Member States excluded from the scope of the intracommunal VAT system: the island of Helgoland, the territory of Büsingen (Germany); Ceuta, Melilla, the Canary Islands; the Aland Islands for Finland; Mount Athos (Greece); Livigno, Campione d'Italia and the national waters of Lake Lugano (Italy); and the Channel Islands are exempt from VAT. As a result, invoices for these transactions must be and will be established net of taxes.
Nevertheless, it is specified that the customs fees and taxes applied by the State of reception of the order will be charged to the Customer, which he expressly accepts by the acceptance of the present (GTCS).
No request for refund of VAT or tax refund will be accepted after the Order has shipped.
The Customer must provide and justify a valid VAT identification number for the creation of his Customer Account. The VAT identification number will be automatically verified before processing the Order.
No request for reimbursement of VAT be accepted nor any tax refund issued for residents charged outside Metropolitan France but having requested a delivery in France.
In the event that the Customer requests delivery in a country other than the billing country, it will be their responsibility to send the request directly to FRANCE ACCESSOIRES (via the "Contact" form on the Site) along with appropriate justifications. In case of absence of justification, the company FRANCE ACCESSOIRES reserves the right to refuse any Order indicating a country of delivery different from the country of billing.
In case of a special request, the Customer must first make a request for authorization. They must provide a customs certificate from the country concerned.
ARTICLE 5 - DELIVERY
Delivery is made either by direct delivery to the Customer, or by notice of availability, or for Professional Customers by delivery of the goods to a carrier.
5.1 Delivery times
Delivery is made to the address indicated when placing the Order on the Site within 30 days from the date of receipt of payment for the Order.
In case of cash on delivery, the Customer is required to immediately provide payment (the check) to the carrier (the cash on delivery fee is payable in addition to the amount of the Order).
In case of an incomplete Order due to an out-of-stock Product, the SAS FRANCE ACCESSOIRES will proceed to the delivery of the available products - partial delivery of the Order. In this context, the associated costs will be billed to the Customer.
In the event of failure to deliver on the date or time provided for or, failing this, no later than 30 days after receipt of payment of the Order, the Customer may, in writing, ask FRANCE ACCESSOIRES to effectuate the delivery within a reasonable additional time. In the absence of execution by FRANCE ACCESSOIRES, the Customer has the right to request the resolution of the sale by registered (certified) letter with acknowledgment (signed) of receipt. This becomes effective upon receipt of said letter.
5.2 Receipt of the Order
SAS FRANCE ACCESSOIRES bears the risks related to transport until delivery, that is to say until the physical delivery of the goods to the Customer or his representative.
If the Customer notices, at the time of delivery, that the Products are damaged, missing or if the parcel has been opened or reconditioned (except during customs clearance), it is up to them to refuse the delivery or to issue a precise and detailed written report of their concerns to be logged by the carrier and in the presence of the latter or its representative and to alert FRANCE ACCESSOIRES of the report made. In the event that the Customer would notice, after the departure of the delivery person, loss or damage to all or part of their Order, it is their responsibility to inform the carrier by registered letter with acknowledgment (signed) of receipt within 3 days following receipt of the Order.
The Order accepted without reservation by the Customer at the time of delivery and / or in the absence of mail addressed to the carrier within the aforementioned period, is deemed to have arrived in good condition and in its entirety (number of pieces, part identification in relation to the order, etc.). No claim can be made against SAS FRANCE ACCESSOIRES and SAS FRANCE ACCESSOIRES cannot be held liable.
Except in the case of Professional customers, the risks and perils of transport (including loss, deterioration or theft) are their sole responsibility.
5.2 Delayed delivery
Orders placed by any means are deliverable according to the availability of supply of FRANCE ACCESSOIRES.
The company FRANCE ACCESSOIRES will proceed to the delivery of the Order within a period of 30 days from the validation of the Order. The status of the Order can be consulted on the Site via the Customer Account.
In case of a late delivery, the Customer is obligated to contact FRANCE ACCESSOIRES to report any delay exceeding one week from the average delivery time. The FRANCE ACCESSOIRES company will immediately approach the carrier responsible for the shipment of the Order to submit an incident report (claim) so as to initiate an inquiry.
In case of late delivery beyond 30 days from the validation of the Order, the Customer is entitled to request reimbursement of his Order by registered letter with acknowledgment (signed) of receipt. FRANCE ACCESSOIRES will then refund the Order (including shipping costs) within 14 days.
If the order is delivered after the cancellation of the Order and the refund thereof, the Customer is required to return the Products immediately. The return shipping costs will be borne by FRANCE ACCESSOIRES.
By express agreement, a case of force of circumstances or events such as a lockout, a strike, a total or partial work stoppage in the seller's factory or at its suppliers, epidemic, war, requisition, fire, flood, bad weather, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, FRANCE ACCESSOIRES will be released from any responsibility for delivery. FRANCE ACCESSOIRES will inform the Customer of the any arising cases and events listed above.
ARTICLE 6 - RESERVATION OF PROPERTY
Products delivered and invoiced by SAS FRANCE ACCESSOIRES remains the property of the same until full payment of the price to the principal and its associates - it being specified that this stipulation does not prevent the transfer to the Customer, upon the completion of the sale, of the risk of loss and deterioration of the Products sold.
During the period from the delivery to the transfer of ownership, the risk of loss, theft or destruction, as well as the damage caused, remains the responsibility of the Client.
The Client undertakes, in the case of a bankruptcy proceeding affecting his business, to participate actively in the establishment of an inventory of goods in his possession and of which FRANCE ACCESSOIRES claims the property. Failing this, FRANCE ACCESSOIRES has the right to have the inventory recorded byan officer of the court at the Customer's expense. FRANCE ACCESSOIRES may prohibit the buyer from reselling, processing or incorporating the goods in case of late payment. In order to guarantee the payments not yet made and in particular the balance due on the customer account to FRANCE ACCESSOIRES as recorded in their books, it is expressly stipulated that the rights relating to delivered but unpaid goods will be transferred to identical goods from FRANCE ACCESSOIRES in stock at the Customer’s location or in the Customer’s possession, without the need to assign to the payments on a specific sale or delivery.
ARTICLE 7 - WITHDRAWAL / RETURNS / CANCELLATION / CLAIMS
7.1 Right of withdrawal
Under the conditions set out in articles L.121-21 and following of the Consumer Code and in the context of remote selling, the Customer has a withdrawal period of 14 days from the receipt of his Order.
If the Order relates to several goods delivered separately or to a good consisting of lots or multiple parts whose delivery is staggered, the period begins upon receipt of:
• the last good or lot,
• or the last piece.
If the Order provides for the regular scheduled delivery of goods during a defined period, the period begins upon receipt of the first property.
The right of withdrawal also applies if the product is discounted, used or destocked.
Before the expiration of the withdrawal period, the Customer must inform FRANCE ACCESSOIRES in writing (email or registered letter with acknowledgment of receipt) their wish to withdraw or by completing the electronic form present in the 'Delivery' tab of the Site. The simple return of the good without a declaration of intent or the refusal to accept the delivery is not enough to express the will of the Customer to withdraw from the purchase agreement.
In case of the exercise of the right of withdrawal by the Customer, from the principal contract, associated contracts, amendments and the addendums to the main contract of sale are terminated.
The Customer is required to return the Product (s) no later than 14 days after sending their withdrawal request.
The SARL FRANCE ACCESSOIRES will issue a refund all amounts paid, including delivery costs of an order cancelled through the exercise of the right of withdrawal, by the same means of payment as used by the Customer during the payment of the Order unless other means have been agreed to by the Customer. Specific payments made by means of a virtual credit card or bank transfer will be reimbursed by check.
Payments made in 3 or 4 installments without fees through the Natixis Financement's Chooseo Free Credit Offer will not be refunded. A credit voucher in the amount of the Order will then be issued.
The refund will be made, at the latest, on the day of recovery of the Products.
The cost of returning the Products is the sole responsibility of the Customer.
The Customer also bears the additional cost of delivery of the goods if the Customer has chosen a more expensive method of delivery than the delivery method usually offered by the seller.
In the event of a return of part of the Order, FRANCE ACCESSOIRES will refund the delivery costs in proportion to the number of items returned, except in the case of expressly agreed to flat-rate delivery fees.
The Customer's liability may be incurred in the event of depreciation of goods resulting from the manipulation other than those necessary to establish the nature, characteristics and proper functioning of these goods. The return of goods is at the expense and risk of the Customer (it is therefore advisable to declare the value of the goods and take out insurance covering these risks).
Any return of goods requires a return number which can be obtained free of charge via the contact page of the Site.
The right of withdrawal cannot be exercised for the following products:
• Goods whose price depends on fluctuations in the financial market rates;
• Goods made to the consumer's specifications or clearly personalized or which, because of their nature, can not be re-shipped or are likely to deteriorate or expire quickly;
• Audio or video recordings or computer software which has been unsealed by the Customer;
• Newspapers, periodicals or magazines;
Professionals do not have this right of withdrawal except in cases where the following 3 conditions are met:
1. The contract must be formed outside the purview of the enterprise,
2. The object of the contract must not enter into the main field of activity of the enterprise,
3. The number of employees of the company must be less than or equal to five.
In the event of receipt of a Product that is not in conformity with the Order or damaged (excluding damage resulting from transport), it is the responsibility of the Private Client to inform FRANCE ACCESSOIRES within 7 days of receipt.
In order for the return request to be considered as acceptable, the Customer must indicate: their precise contact information, references of the element or elements concerned, serial number, the damage or flaw noted along with the invoice number or the number on the packing slip describing the parts in question.
The goods must be returned with a copy of the invoice and the return number appearing on the parcel within a maximum period of 7 days after return agreement of SAS FRANCE ACCESSOIRES to the following address:
1 Bis chemin des Castors
13240 Septèmes-les-Vallons (France)
The Customer must return, at their expense, the Product in its original packaging, stating the reason for returnl on the packing slip or the invoice and a return number, which has been provided by FRANCE ACCESSOIRES.
It will then be agreed, between the Clients and FRANCE ACCESSOIRES, to proceed to:
• a new delivery (replacement) respecting the order;
• the repair of the defective product;
• the exchange of the product by another similar product or
• the cancellation of the Order (with refund of the sums paid)
Any defective product must be returned in its original packaging, which alone can ensure the proper transport of the product in good conditions, with the guarantee labels, include the entire product and its accessories and with the clearly legible return number. Any incomplete product, damaged, broken and / or whose original packaging has been damaged, will not be accepted as returned, exchanged or refunded and a penalty of 39 € TTC will be charged to the Customer to cover the costs of repackaging the parts whose original packaging has disappeared or has been damaged.
Any request for refund will only be considered after the arrival of the returned products to SAS FRANCE ACCESSOIRES according to the return procedure indicated above. In the event of a return and refund request, the terms will be as follows:
- Returned parcel by the Customer: refund of the product, return shipping is at the customer’s expense.
- Parcel returned due to reasons that fall within the FRANCE ACCESSOIRES 's purview (non-conformity, parcel not arrived ...): the product and the shipping costs are refunded and a prepaid return label will be provided.
For any complaint, the Customer is required to contact FRANCE ACCESSOIRES via the "contact" page of the Site.
ARTICLE 8 - GUARANTEES
8.1 Legal warranty of conformity (exclusively for the Consumer)
The legal warranty of conformity is a guarantee against any lack of conformity already existing on the date of delivery of the Product. It applies when:
• the Product is unsuitable for the use usually expected of a similar product (for example, a product usually intended to operate wirelessly on battery, must be connected to an outlet, repeated failures to function wirelessly, or does not function wirelessly ...);
• the Product does not correspond to the description given
• the Product does not have the features advertised by the seller or indicated to the Customer (for example, an extractor hood, presented as particularly silent, proves noisy).
The defects can come from:
• the Product itself,
• assembly instructions,
• the installation when it has been undertaken by the seller or carried out by proxy under his purview.
However, the guarantee of conformity does not apply if:
• the Customer was aware of the defect at the time of purchase;
• the Customer could not ignore the defect at the time of purchase (for example, if the seller informed you);
• the defect results from materials you have supplied or added (for example, if you put a non-compliant battery in your phone).
The guarantee of conformity only applies to:
• movable property, such as consumer goods
• custom-made movable property such as windows or kitchen furniture.
When the Customer finds, within 2 years from receipt of the Product, the existence of a lack of conformity as defined above, it is for the Customer to notify, by registered letter with acknowledgment of receipt, FRANCE ACCESSOIRES. In this case, the Customer must communicate the proof of purchase of the Product: delivery receipt, invoice, receipt, etc.
It will then be agreed to between FRANCE ACCESSOIRES and the Client to:
• Either, repair the Product;
• or, at Replace the product.
In the event of a clear cost difference between the two options, the FRANCE ACCESSOIRES may impose the least expensive option.
If one or the other of the options referred to above:
• are impossible (for example if the Product is no longer being manufactured)
• or cannot be implemented within one (1) month of the claim
The Customer will then have the option to choose between the following two options:
• full refund and return of the Product;
• partial refund (keeping the Product).
8.2 Manufacturer's warranty not part of legal guarantee
For Products with a specific manufacturer warranty (warranty directly given by the manufacturer, or on-site warranty, or specific warranty extension), the Customer must contact the manufacturer directly, without going through SAS FRANCE ACCESSOIRES which does not provide any contractual guarantee as to these products. FRANCE ACCESSOIRES will refuse any return of goods within this framework and cannot be held responsible for any failure of the manufacturer under this warranty. The contact details of the manufacturers are accessible, on request, via the "contact" page of the Site.
8.3 Commercial guarantee
Products and spare parts intended for the replacement of a product outside of warranty or the repair of a good are guaranteed by the manufacturer and if not by SAS FRANCE ACCESSOIRES against any defect of material or manufacture during a period of 3 month from the date of delivery, except for specific conditions expressly stated.
Software, video games, books, consumables, cartridges, products in the "Promotions" section and data storage media (CDs, DVDs) are not guaranteed by SAS FRANCE ACCESSOIRES. Batteries, LCD monitors, laptop screens are also guaranteed within the limits of the manufacturer's warranty for a period of 3 months from the date of delivery.
8.4 Limited Warranty
The guarantee of the SAS FRANCE ACCESSOIRES is limited to the repair, the replacement or a refund for the value of the defective product as recognized by the seller, taking into account the use which has been made of the product and this at the sole discretion of the seller. FRANCE ACCESSOIRES, the seller, undertakes only to ensure the replacement of the defective parts and the repair of the damages to the products supplied to the buyer by the seller. The guarantee therefore does not cover labor costs, nor those resulting from disassembly, reassembly and transportation, except in the case of a standard exchange.
8.5 Warranty Exclusions
The label on the product with its serial number and the information of the manufacturer allowing the identification and traceability thereof must in no case be removed. In case of non-compliance with this instruction, the assumption of responsibility within the framework of the warranty will be automatically refused and no appeal will be accepted.
The warranties exclude damage from external sources, damage resulting from improper use of the products, damage resulting from the intervention of repairer not explicitly authorized by SAS FRANCE ACCESSOIRES or ASUS. SAS FRANCE ACCESSOIRES can in no way be held responsible for the loss or alteration of data or programs on the hardware or media (diskettes, hard disks) that are returned for technical support or repair, whether the products are under warranty or not. SAS FRANCE ACCESSOIRES undertakes only to ensure the replacement of the defective parts and the repair of the damages to the specific goods they supplied to the Customer. If the product cannot be replaced by an identical product, the Customer will be offered an equivalent or superior product (upgrade), or a credit voucher. Subject to the mandatory legal provisions, the liability of SAS France Accessoires is strictly limited to the obligations defined in these GTCS or, where appropriate, under the express conditions thereof. SAS FRANCE ACCESSOIRES can in no way be held responsible for material and immaterial damages that would occur during troubleshooting in the event that the Customer returns products that were not supplied by FRANCE ACCESSOIRES.
SAS FRANCE ACCESSOIRES cannot be held responsible under this warranty for breakdowns or damages resulting directly or indirectly from the following cases:
• Any prolonged, unprotected or inappropriate storage.
• Any negligence, incorrect use, incorrect connections or handling, maintenance and use of equipment that does not comply with the technical specifications of the seller or the manufacturer or, more generally, defective or clumsy use.
• Any addition of a device or accessory equipment to and for any use of all or part of the equipment and that may alter its operation and does not comply with the technical specifications of the seller or manufacturer.
• Any mechanical, electronic, electrical or other modification or transformation to the equipment or its connection devices by any third party.
In case of bankruptcy or the absence of supply from the manufacturer, the Customer cannot hold liable SAS FRANCE ACCESSOIRES, which assumes no responsibility in terms of the manufacturer warrantee for the products.
ARTICLE 9 - PROFESSIONAL ELECTRICAL AND ELECTRONIC EQUIPMENT (EEE) WASTE
For equipment excluded from the scope of Decree No. 2005-829 on the composition of electrical and electronic equipment and the disposal of waste from such equipment, and in accordance with Article L. 541-2 of the Code de l ' environment, it is the responsibility of the holder of the waste to ensure their disposal. For the equipment concerned by said decree, and in accordance with Article 18 of Decree 2005-829 on the composition of electrical and electronic equipment and the disposal of waste from such equipment, the organization and financing of the removal and treatment of EEE waste subject to this contract of sale are transferred to the Purchaser who accepts them. The Purchaser ensures the collection of the equipment that is the object of the sale, its treatment and valuation in accordance with Article 21 of the decree. The above obligations must be forwarded by successive professional purchasers to the end user of the EEA. Failure by the Buyer to comply with the obligations incumbent upon him may result in the application of the penal sanctions provided for by Article 25 of Decree 2005-829 against him.
ARTICLE 10 - LIMITATION OF LIABILITY
The maximum amount of compensation that may be paid by FRANCE ACCESSOIRES due to an event related to the Customer's products and / or the Order cannot be greater than the cumulative amount billed to the Client except in case of bodily injury.
The responsibility of FRANCE ACCESSOIRES cannot in any case be implicated for consequential damages such as, and not limited to, loss of business, loss of incomes or financial losses, etc., this the Customer accepts and acknowledges expressly.
ARTICLE 11 - INTELLECTUAL PROPERTY
The names "FRANCE ACCESSOIRES" and "ASUS" are trademarks registered with the National Institute of Intellectual Property.
Any use, reproduction, use of the "FRANCE ACCESSOIRES" and "ASUS" trademarks, without the express and prior authorization of FRANCE ACCESSOIRES and / or ASUSTEK COMPUTER INCORPORATION and / or any rights of the holder of the trademark "ASUS", constitutes an act of counterfeit - criminal and civil offense.
The Website (including the "Contents" that illustrates it) is protected by intellectual property rights and is the exclusive property of SAS FRANCE ACCESSOIRES. Any reproduction or modification, total or partial, made without the consent of its owner is illegal. It is the same for the translation, the adaptation, the arrangement by any process whatsoever (Law 57298 of March 11, 1957).
Hypertext links with third party sites
SAS FRANCE ACCESSOIRES has no control over the content of third party sites.
The existence of a hypertext link between the Site and a third party site does not in any way mean the control and responsibility of the content of the third-party site by SAS FRANCE ACCESSOIRES.
ARTICLE 12 - PERSONAL DATA
The Client is informed that SAS FRANCE ACCESSOIRES implements processing of personal data in order to enable it to manage, bill, and track the records of its Clients. These data are necessary for the proper management of the Clients and are intended for the specific authorized services of FRANCE ACCESSOIRES.
The data collected for client file management purposes are stored on a secure network and are secured. As such, it is recalled that the company SAS FRANCE ACCESSOIRES does not have access to the Clients Accounts which are protected by an encrypted password which only the Client has access.
In accordance with the Data Protection Act, natural persons have the right to access their personal data, for rectifications, interrogations and deletions, at any time, from FRANCE ACCESSOIRES at the following e-mail address: email@example.com, or by mail to firstname.lastname@example.org accompanied by a copy of a signed identification document (CNIL declaration number: 2106408 v0).
The Customer may also, for legitimate reasons, oppose the use of personal data. To find out more, verify your rights on the CNIL website.
The SAS FRANCE ACCESSOIRES will update the CNIL declaration if necessary.
The information that SAS FRANCE ACCESSOIRES has comes from the voluntary registration of an email address provided by the Customer, allowing him to receive documentation, to inquire about any point, to be contacted, to place an Order, to receive a delivery. This information is never communicated to third parties.
Purchase orders and invoices are accessible at any time from the Customer Account which constitutes a reliable and durable documentation constituting a true copy in accordance with the provisions of Article 1379 of the Civil Code. These documents / data are processed, stored, managed and archived by the SAS FRANCE ACCESSOIRES in accordance with its legal obligations via a process allowing the protection of the personal data of its Client in accordance with the provisions of the General Regulations on Data Protection.
The computerized records of SAS FRANCE ACCESSOIRES will be considered by the parties as proof of communications, orders, payments and transactions between the parties on the Site unless proven otherwise.
ARTICLE 13 - INSTALLATION OF COOKIES
The operation of the Site is facilitated by the use of "cookies".
In particular, SAS FRANCE ACCESSOIRES proposes the installation of a cookie to simplify the Customers connection allowing its Customers to automatically access their Customer Account without having to identify themselves with each new connection.
For this, the Client must check the "remember me" box in the authentication window that appears with each new connection.
In this case, the Member is informed that a third party using the device on which the cookie is installed will be able to access his / her Client Account.
SAS FRANCE ACCESSOIRES warns its Customers that in case of connection to the Site via open public connection, it is strictly not recommended checking the box "remember me" or "stay connected".
More generally, each 1st connection to the Site the Customer is warned:
ARTICLE 14 - MISCELLANEOUS
14.1. If one or more stipulations of the present GTCS were to be held invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the parties will seek in good faith the valid equivalent stipulations.
In any case, this provision will be removed from the GTC without the validity and the opposability of other provisions being affected. The other stipulations will retain all their force and their scope.
14.2. The fact that one of the parties does not avail themselves of a failure by the other party to comply with any of the obligations referred to herein, cannot be construed for the future as a definitive waiver to invoke their rights later.
14.3. These Terms express the entire contractual obligations of the parties. It cancels and replaces any previous document.
14.5. No stipulation of the present GTCS can be interpreted as the manifestation of an affectio-societatis existing between the parties, said contract not being able to be regarded as creating a company between the parts (including a so-called company "created in fact").
14.6. The electronic signature constituted by the "double-click" procedure when placing the Order and its registration has a handwritten signatory value between the parties.
ARTICLE 15 - APPLICABLE LAW - JURISDICTION
These Terms are governed, interpreted and applied in accordance with French law.
The application of the Vienna Convention on the International Sale of Goods is expressly rejected.
All differences relating to the formation, execution and termination of contractual obligations between the parties that cannot result in an amicable settlement will be submitted to the French courts. In the case of a dispute with professionals and / or resellers, the case will be subject to the jurisdiction of the Commercial Court of Marseille.
ARTICLE 16 - MEDIATION
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Our Company adheres to the Service of the E-commerce Mediator of the FEVAD (Federation of e-commerce and distance selling) whose contact details are 60 rue de la Boétie - 75008 Paris - http://www.mediateurfevad.fr. After prior written request by the consumer to Our Company, the Mediator's Department may be contacted for any consumer dispute for which the settlement has not been reached. To find out more on how to contact the Mediation Service: https://www.mediateurfevad.fr/index.php/espace-consommateur-2/ https://www.mediateurfevad.fr/index.php/espace-consommateur-2/