Article 1 : introduction
TThe company EXELIUM SARL, Limited liability Corporation with capital of 15000 €, registered at the Registry of Trade and Companies of Metz under the number 490 740 875, VAT number FR93490740875., Based at 4 avenue Sebastopol 57070 Metz France, is the editor of the following website : store.exelium.net. Through this site, it proposes the sale of various products which the Internet users, persons or institutions, can purchase through a procedure of implemented secure on-line payment and managed by the banking institution. The EXELIUM SARL company employ third-party service providers for the delivery of products ordered by the consumer through the aforesaid site, according to the modalities and deadlines indicated on the site at the time of the order. The website store.exelium.net is translated both in french and englishEnglish. Sale contracts concluded between the company EXELIUM SARL and the consumer are thus in French and English language. You can contact EXELIUM SARL through the contact form on the contact page, or by mail at the address indicated above or by phone : + 33 (0)3 544 880 84 from Monday to Friday from 9 am till 6 pm ( not surcharged line).
Article 2 : Application
The present general conditions apply applies to any product sale presented on store.exelium.net website. Any order made with the company EXELIUM SARL thus pulls the unconditional acceptance of the present conditions. Only the buyer can take advantage of present, in particular of measures relative to the guarantee.The present general conditions can be modified at any time and without advance notice by the company EXELIUM SARL, the modifications being then applicable only to the orders made after their date of implementation. The present general terms of sale are accessible in a permanent way through the store.exelium.net website in computing sizes allowing their printing and/or their download, in a way that that the consumer can proceed to their reproduction or to their saving.
Article 3 : Products
3.1 : Shipping costs
The prices are posted in euros with taxes included, except the shipping costs. They are submitted to the French value-added tax (except the cases planned in the article 262 ter I of the CGI and/or aimed at certain consumers because of their geographical situation), and any change of the legal rate of this tax will be echoed on the price of products presented on the store.exelium.net in the date stipulated by the applicable legislative or statutory text. The prices may be modified at any time variations of the price lists. The contribution to shipping costs varies according to the carrier selected by the consumer during the order and amount is indicated before the validation of the order. The contribution to shipping costs can be entirely or partially taken care by the company EXELIUM SARL in a punctual way. The price list of shipping costs according to the place of delivery is available at any time on the address : http://store.exelium.net/index.php?id_cms=1&controller=cms&id_lang=5.
3.2 : Unavailability
In case of temporary unavailability of a product, EXELIUM SARL will inform the consumer of new deadlines of the concerned product as soon as possible. If this unavailability goes on excessively, EXELIUM SARL will propose to the consumer an equivalent product or if not will proceed to the cancellation of the order and to the refund of the consumer.
3.3 : Conformity
The consumer is the only judge of the compatibility of products ordered with their existing equipment. The total or partial impossibility to use the equipments ordered by the consumer can give rise on no account in any refund or compensation on behalf of the company EXELIUM SARL.
Article 4 : Conlusion of contract
In every case, the sale contract is considered concluded only at the time of the debit of the account of the consumer for cards of payment, the date of reception of the transfer in case of bank transfer(s), and collection of the payments by cheque.
4.1 : Order
Products are presented on the store.exelium.net site and matched by a description. The consumer can click on any products on its graphical representation then the button "add to cart". The product is then added to his purchasing cart already containing, where necessary, other articles which the consumer wishes to purchase and previously placed by himself in the cart. When the consumer intends to finalize finalize their purchase, click the button « proceed to checkout » which appears in the cart. The consumer is then directed towards a page proposing a summary of all the product that must appear in his next order, . The consumer at this step can delete any or all product(s) which appear in the cart and consequently in the summary before the order is finalized.. If the summary containing the products prices and the shipping costs are approved, the consumer can enter the delivery and invoices coordinates and then select the method of payment. Once the payment is validated, EXELIUM SARL company sends to the consumer a summary of their order by e-mail understanding in particular the detail of ordered articles, the total price TTC (except the cases planned in the article 262 ter I of the CGI and/or aimed at certain consumers because of their geographical situation) including the amount of the shipping costs, and the envisaged delivery deadlines.
4.2 : Payment
The consumer expressly declares to have all the necessary authorizations for the purposes of use of the method of payment which they chose during the validation of the order. EXELIUM SARL keeps the possibility of suspending or cancelling any order or delivery in case of refusal of authorization of payment from the financial bodies questioned according to the method of payment chosen by the consumer. Also, it keeps the possibility of refusing to take into account an order or to make a delivery emanating from a consumer with whom a relative dispute in particular in the payment of a previous command would remain. The consumer is informed about the fact that the EXELIUM SARL can proceed to the analysis and/or to the check of the orders to fight against the fraud, and in this frame the possibility of asking to the quite justificatory consumer saves itself that she would consider useful. It keeps at the end of this procedure the possibility of suspending or of cancelling any command or delivery, even in case of authorization of payment freed by the concerned financial bodies, in the cases where this analysis andor these checks would give to think that the aforementioned command is smuggled of the rights of a third. It could besides not support no responsibility in case of embezzlement or of fraudulent use of any means of payment which would not have been detected by this procedure of analysis and/or check.
4.2.1 : Credit card payment
In case the consumer would opt for a payment by bank card, it will be managed on the secure server of the aforementioned banking institution to proceed to the payment in a secure way. The account ID of the consumer is at no time in possession of the company EXELIUM SARL; their preservation and the preservation of their integrity is thus the responsibility of the banking institution. The procedure of authentification " 3D Secure " (also called " Verified by Aimed " and "MasterCard SecureCode") allowing to guarantee an optimal safety during the on-line purchases by verifying the identity of the user of the card can be activated. The modalities of authentification are peculiar to every bank: it can be asked to seize personal data (as a date of birth) or to fill a code received by SMS or still to answer a personal question. Once the payment is validated by the consumer on the secure server of the banking institution, it has the possibility to return on the store.exelium.net.
4.2.2 : Paypal payment
The consumer will have to conform to the conditions of use present on www.paypal.com to be able to make purchases on store.exelium.net. The consumer recognizes and accepts that in case of payment by Paypal, the amount of its payment will be taken at the time of the validation of its order.
4.2.3 : American Express payment
In case the consumer would opt for a payment in card American Express, he will be managed on the secure server of the banking institution to proceed the payment in a secure way. The account ID of the consumer is thus at no time in possession of the company EXELIUM SARL; their preservation and the preservation of their integrity is thus the responsibility of the banking institution. The procedure of authentification " American Express SafeKey " allows to guarantee an optimal safety during the on-line purchases by verifying the identity of the user of the card. According to the card of the consumer, he can be invited to activate his card to be able to participate in the program American Express SafeKey or if he already participates in it to supply his code of authentification SafeKey. Once the payment is validated by the consumer on the secure server of the banking institution, he has the possibility to return on the store.exelium.net site.
Article 5 : delivery
5.1 : Information
Products are delivered to the delivery address supplied by the consumer during their on-line order or off-line, and only in the zones of delivery proposed by the company EXELIUM SARL at the time of the order. The list of these zones of delivery is available at any time on the address: http: // store.exelium.net/index.php? Id_cms=1&controller=cms*id_lang=5 In case the delivery address is different from the billing address, it is advisable for the consumer to supply these two different addresses in the order form. Only the delivery address determines the application or not of the French VAT or the country of delivery (if necessary), or the customs duties. It is also up to the consumer to supply any information useful for the delivery during its command to allow the carriers to proceed to the delivery. In case of erroneous or incomplete information having pulled the impossibility for the carrier to proceed to the delivery, a second delivery will be made after return by the carrier of the goods to the company EXELIUM SARL, this for the preliminary payment of the amount of new postal charges on behalf of the consumer.
5.2 : Delivery - absence
The ordered products are put back to their addressee only with signature (except if it is light and small-sized products sent under padded envelope, which can be put down in mailbox directly, or if this option is not proposed by the selected carrier). The consumer has to proceed to an examination of the physical state of the parcel delivered by the carrier as well as to an examination of its contents, and this in the presence of the deliverer. Any anomaly noticed in one these titles will necessarily have to be the object of handwritten reserves concerned the delivery note of the carrier; these reserves will owe being clarified, detailed, dated and signed by the consumer to avoid any contesting. No complaint can be registered for lack of reserves formulated during the delivery. In case of absence, and according to the carrier selected by the consumer during his order, the carrier will leaves a calling card in the box with the letters of the consumer inviting him to remove products from a given address or to contact them to agree on a meeting to proceed on a new delivery.
5.3 : Delay - Loss
In case of important delay or of difficulty to localize the parcel, the consumer can contact EXELIUM SARL which will open an inquiry to obtain an explanations on the setback or to try to localize the parcel possibly misled by the carrier. The consumer will have to supply to EXELIUM SARL all the useful information to allow it to localize products ordered through the carrier. In such, situation,EXELIUM SARL is dependent on deadlines imposed by the carriers concerning the statement of loss and the refund of the package. These deadlines can vary according to the carrier. No refund of the consumer can thus take place before the carrier declared the misled parcel (entirely or partially) or damaged, at the end of his investigation. Right after the conclusion of the investigation by the carrier, EXELIUM SARL will proceed to refund the consumer.
Article 6 : Returns
6.1 : Right to withdraw
The consumer has a cooling-off period allowing him to give up his purchase within 14 business days from the delivery, in application of provisions of the articles L 121-16 and following ones of the Code of the consumption. The consumer necessarily has to announce beforehand his intention to return the parcel within 14 business days of his Purchase. The delivered products must be returned to EXELIUM SARL at the expense of the consumer and under its responsibility (it is up to the consumer to proceed to the assurance of the transport), in perfect condition of resale, in their original packing and not presenting either track of shock, or dysfunction. Subject to the respect for measures above,EXELIUM SARL will proceed to the refund of products ordered for the amount concerned the order form in 15 days of the reception of products. No refund can take place if products are not in their original packing, which will have to be perfectly intact. According to the code of the consumption, the audio or video recordings or the computing software when they were unsealed by the consumer are excluded from the right for retraction.
6.2 : Returns modalities
All returns can be made only after obtaining a return number on the page of returns contact and having clarified the reasons of return. The number of return so obtained is valid only during eight business days. Only the product returns returned with the original packing packaging of which was not opened and is perfectly intact are accepted, with the exception of returns motivated by a dysfunction of the product. The risks of the transport are completely chargeable to the sender, and it is thus up to him to make any diligence as for the safety of the routing, in particular by assuring its sending. The expenses of return are completely chargeable to the sender, except the case where the return would be motivated by an error of EXELIUM SARL in the preparation of the order or in the cases planned in the article 7. In these precise cases, the expenses of return are paid off on the basis of a sending colissimo recommended and on production of an invoice of the Post office. No return can be motivated by a bad appreciation of the technical characteristics of a product or its incompatibility with other devices. Any return not having been beforehand indicated to EXELIUM SARL, or not containing number of return, not being correctly packed. Product of which been that has been opened or which after examination would not turn out defective, cannot be accepted. It will be up then to the sender to get back its articles at its expenses. If the latter wishes that one or several articles entering the one or several of the previous scenarios he one sent back it will be up to him to pay beforehand the sums necessary for this forwarding. Expenses of reconditioning can be deducted from the possible refund sent to the consumer in case the returned goods will have been accepted by EXELIUM SARL in spite of minor deteriorations of the packaging of the goods (plastic film for example). The capacities of this article do not apply to the returns planned in the article 6.1 of the present general terms of sale concerning the legal deadline of retraction.
Article 7 : guarantees
Products are guaranteed by their manufacturers for duration and according to the modalities indicated on the description of products appearing on store.exelium.net website and/or on the guarantee bill possibly joined to products during the delivery. In case of defective product, the consumer will have to proceed to the return according to the conditions exposed to the article 7 of the present general conditions. No coverage under guarantee will be possible beyond the warranty period proposed by the manufacturer on the concerned products. Expenses and risks bound on the return to the defective product are chargeable to the consumer unless the return takes place in 30 days according to the date of the invoice. EXELIUM SARL could not make a commitment on no processing time of the return of the defective products as far as the operations of after-sales service are made by the manufacturer of the concerned products. The guarantee of the defective products is subordinated in full payment of the price by the consumer. The dysfunctions pulled by a misuse of the product or by an outside cause (such as in particular an electric surge) would not know how to give rise to guarantee. Provisions of this article would not know how to deprive the consumer of the legal guarantee described in the article L 211-4 of the Code of the consumption.
Article 8 : customs duties
Every validated order on the site and delivered outside France can be subjected to possible taxes and to customs duties which are imposed when the parcel reaches destination. These customs duties and these possible taxes bound to the delivery of an article are chargeable to the customer and are a matter of his responsibility. EXELIUM SARL does not have to verify and to inform its customers of the customs duties and the applicable taxes. To know them, it is up to the consumer to inquire with the competent authorities of its country. In case of refusal of the addressee to fulfill customs duties or taxes, naps possibly asked EXELIUM SARL to get back the parcel will be deducted from the refund made for the customer.
Article 9 : offers and promotional codes
The promotional codes, the purchase vouchers, the offers "sponsoring" or offer "loyalty" generated do not apply to postal charges, unless the promotional code concerns specifically postal charges. These offers are usable except promotions and exceptional offers (unless specified opposite mention). The promotional codes and the purchase vouchers are not accumulative with other promotional codes or offer (unless specified opposite mention). The offers, the purchase vouchers and promotional codes are not exchangeable against their monetary value. In case of return of article, the promotional codes, the purchase vouchers, the offers "sponsoring" or "the loyalty" cannot be any more reused on the occasion of a new purchase. Thus the refunds / assets further to the returns will concern only the sums actually paid to the exclusion from the part settled by the promotional codes, the purchase vouchers, the offers "sponsoring" or "the loyalty".
Article 10 : property reserve
Ownership transfer of products delivered to the consumer intervenes only after complete payment of their price and its accessories by himself. During period passing by up to the complete payment of the price and its accessories, the risks of loss, theft or destruction are chargeable to the consumer.
Article 11 : personal data
According to the law of January 6th, 1978 modified by the law of August 6th, 2004, the Internet users have a right of access and a rectification to the personal data concerning them. These data are supplied only with the aim of proceeding to the delivery of products ordered through the site, by fax, telephone or post. They are compulsory with the aim of the treatment of the order and the checks possibly made to fight against the fraud.If optional data must be collected, the consumer would be informed about this optional character. The consumer is informed about what the refusal to supply with compulsory data has for consequence the impossibility to proceed to the delivery of the products which he would like to order. It is also informed about the fact that within the framework of the operations of check of the information supplied during his order, the data can be transmitted in third parties in the unique purposes of check. The consumer has the possibility of opposing the possible transfer in a third party of the personal data concerning him, except thirds in charge of the check of the compulsory data supplied during the order, being specified that this opposition can have for consequence the impossibility to treat its order. The creation of customer account on store.exelium.net entails the possibility for the consumer to choose to receive occasionally special offers emanating from the company EXELIUM SARL only, being specified that every sending will contain a link of deregistration allowing him at any time not to receive any more these special offers. The information relative to the setting-up of "cookies" intended to allow and/or to facilitate the signing of on-line orders is available on the store.exelium.net site. All the requests of precision concerning the personal data and/or the end of the set up treatment, as well as the exercise of the rights of access, rectification and opposition will be made at the address. The person in charge of the treatment is Mister Henri Fourquet.
Article 12 : nullity - Tolerance
In case one or several of the conditions of the present general conditions would be considered not valid or declared as such in enforcement of a law, a regulation or following a decision become definitive of a competent jurisdiction, the other conditions will keep all their strength or their reach. The fact for the company EXELIUM SARL or the consumer not to take advantage of a breach in one of the obligations ensuing from present general conditions or to tolerate a situation has not the effect of granting to the other part of vested interests. Such a tolerance could not be interpreted on no account as a renunciation to assert to right the rights in cause.
Article 13 : Force Majeure - Applicable law
The mutual resulting obligations present general conditions may be suspended in case of emergence of a coincidence or a force majeure. Those usually held by the jurisprudence of Courts and French courts will be considered in particular as such. The present general conditions are subjected to the French law as regards thorough rules as rules of shape. Any dispute will have to be the object of an attempt of amicable settlement.