General terms of sale

TERMS AND CONDITIONS

I. SALES CONDITIONS

Our sales are subject to the PLANET – PASSIONS general conditions which are renowned by the buyer. Because of this, unless written approval from us, no different clause will be accepted.

Photographs and sketches present in the catalogue and its annexes (information, novelties…) or on the site are only indicative and non-contractual. PLANET – PASSIONS bring the biggest care to the on-line publishing of information relative to the essential characteristics of products, notably in the means of technical descriptions emanating from its partners and suppliers and of photos illustrating products, and this within the limits of the technique and in the respect for the best standards of the market. Nevertheless, PLANET – PASSIONS decline any responsibility if an error or an inaccuracy appears during the on-line publishing of a piece of information relative to a product.

The customer by his order makes a commitment to have acquainted with the present general conditions of sale and accepts them.

Contracts or order forms are concluded with physical or moral, major people, having the full capacity to carry out legal acts.

II. PRICES AND PAYMENT CONDITIONS

Our prices are indicated in Euro inclusive of all taxes. They do not include the costs of transport and packaging. Nevertheless, PLANET-PASSIONS will take care of a part of these expenses in agreement with the buyer by a fixed participation of this last one of a defined amount and indicated on various order forms.

The offered prices on the Web site apply only to on-line made orders.

PLANET-PASSIONS reserves the right to change its prices at any time; products or services will be charged on the basis of price lists current at the time of the taking of the on-line orders, subject to availability.

Our deliveries by correspondence can only be paid while ordering in the various payment conditions offered on order forms:

By Bank transfer  to SMDF PASSIONS :

 IBAN FR76 1020 7000 2304 0230 6791 731

 BPRIVES PLAISANCE  BIC= CCBPFRPPMTG

By credit card (VISA or MASTER CARD)

Being approved by the "Banque Populaire" Credit Card centre, the payment by card allows us, after having controlled its validity, to accept the orders and to debit the precise amount from the account for the order of the buyer wishing this payment method.

Every customer making an outstanding payment will see his deliveries automatically suspended until the complete regulation of his debt. In the case that an amicable procedure would not succeed, the customer will bear all the expenses bound by PLANET-PASSIONS for the covering of the due sums.

III. PROPERTY RESERVE / DELAY IN PAYMENTS

The sold possessions remain the full and whole property of the salesman up to the complete payment of the required price and accessory, in application of the regulations of the law Nº 90-335 of Dec. 5^{th 1980. The non-payment of any invoice can entail the restitution of the possessions.}

By rights, in case of delay in payments, the customer will see applying a suspended interest equal to the legal interest rate raised by 0.8 point / month.

IV. GUARANTY

Our guaranty is the one given by the manufacturers or the importers. Our responsibility cannot be engaged beyond the replacement of the products which would turn out, after control of our part, not corresponding to their specifications and performances. PLANET-PASSIONS cannot be held responsible neither for waste of time, or operating losses, or damages caused to third parties, nor discomforts in the production caused or not resultant of an material or software dysfunction.

PLANET-PASSIONS decline any responsibility in case of losses of data which can be in memory in defective equipment or during the intervention of the S.A.V. The customer cannot under any circumstances demand damages in case of loss of his data; he will have to take any precautions to save them before any intervention.

The possible complaints will be accepted exclusively by mail or e-mail within 7 days of receiving the material. The costs of possible return of the material and whatever is the cause, after agreement, will be at the expense of the customer.

The period of retraction being of 7 days from the reception of the goods, the customer has the possibility of sending them back. This return will be accepted only if products are not damaged or not recognized as having been used, and in their original packaging. Products containing a cellophane protection will not be taken back if this film has been removed.

Any complaint will necessarily have to contain a copy of the invoice of the product in cause, observations and location of the imperfection. According to the problem to be resolved, PLANET-PASSIONS reserve the right, either to repair the defective article, to replace it or to give online credit for the value of the charged price.

The guaranty is excluded if the bad functioning results from the normal wear, from the carelessness or the defective maintenance, or of an intervention made on the article without written authorization of PLANET-PASSIONS.

The responsibility of PLANET-PASSIONS will not be engaged in case of wound, damages or loss of incomes resulting from the bad, or not suited, use of the product.

The guaranty of products being variable, the duration of guaranty can be stipulated on every article of the catalogue; if it is not mentioned, this one will be of a maximum of 3 months. The duration of the guaranty begins on the day of the purchase; the occurrence of the guaranty's execution has not for consequence to prolong its duration.

V. ORDER, RETURN, SHIPPING

The order contract will come into effect from the acceptance of the order form by PLANET-PASSIONS.

The customer will be informed about the acceptance, about the refusal or about the modification of his order by delivery or by e-mail at the address which he will have given.

In any case, the customer can contact us by telephone at the hours notified within the page "Who we are" of the same Web site.

If PLANET-PASSIONS after validation of the order form, came to notice that products are not available any more with our suppliers or for legal reasons, we will offer a similar article, of equivalent price, or will cancel at once, by rights, the sale contract, without compensation for the customer. The sums already paid by the customer will be refunded in case of termination of the order considering PLANET-PASSIONS' bond.

The orders are mainly treated within two working days following their reception. The speed of the deliveries cannot be guaranteed because of the periods of supply imposed by the suppliers.

In case of lack or damages of ordered articles, the customer will have to carry out a complaint directly with PLANET-PASSIONS. Any return and for whichever cause it is, must be paid for by the buyer himself. Any returns made with shipping costs payable by the firm will automatically be refused.

The delivery of the goods is made in the responsibility and own risk of the sender from the moment of the picked up parcel.

Your order will be delivered to you at the address indicated during your order

The delivery is made in metropolitan France and in Europe (EEC):

- The fixed price for packaging and shipping is 10€ for metropolitan France including Corsica

- The fixed price for packaging and shipping is 15€ for member country of the EEC

- The fixed price for packaging and shipping is 35€ for the other authorized countries

PLANET-PASSIONS will not be held responsible of the non-fulfilment of the concluded contract, on one hand in case of absolute necessity, in particular the disturbance or the all-out or partial strike, notably postal services and the means of transportation and communications, and on the other hand in case the customer's own fault.

VI. RETRACTION

The period of retraction which the customer has is of 7 true days and begins the day after the reception of the goods.

VII. COPYRIGHT

Any complete or partial reproduction of the PLANET-PASSIONS site is strictly forbidden at the risk of pursuits. All the represented elements appearing on the site are the exclusive property of PLANET-PASSIONS and are protected by the law of intellectual property. You are not authorized to reproduce, whatever the means or the support, these elements without the express consent of the editorial director of the site.

VIII. PROTECTION OF PERSONAL DATA

According to the Computer and Freedom law of January 6th, 1978 (article 34), you have the permanent right to access and rectify the data concerning you; the processing of your information has done the object of a declaration with the National Committee of Data processing and Liberties (CNIL).

PLANET-PASSIONS are authorized to take, to handle and to use the information concerning you. This data is the object of a computer processing. This activity is strictly regulated: the file has been declared to the CNIL under the receipt number 1158758. You can at any moment make a demand with PLANET-PASSIONS to know what the information which this one has on you is. You can at any time and on inquiry modify this data.

If you have accepted it during your identification on the site the promotional e-mails, offering you novelties, offers of destocking, exclusivities and bargains, will be sent to you. You can, at any time, ask not to receive any more e-mails.

IX. APPLICABLE RIGHT AND COMPETENT JURISDICTION

The present general conditions of sale are subjected to the French law and to the agreement of Vienna on contracts of international sale of goods, with the exception of the sales law of the United Nations. All disputes relative to commercial relations with PLANET-PASSIONS or to the PASSIONS stores are subjected to the exclusive competence of French jurisdictions.

The present translation has only been realized in the aim of facilitating the understanding; in the matter of rights only the text in French will be opposable in front of competent jurisdictions.

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