These general conditions of use apply to all sales concluded between the Company SXMLESHALLES on the website www.sxmleshalles.com and the Client, and concern all of the items sold to this last. They take effect as from November 1st, 2011, and apply to all sales realized on this website.
They prevail in any case on any other issued document that would only have an indicative value (as information provided in a direct or advertising way on products, descriptions and information on our flyers, brochures, prices and reproductions…).
They are modifiable, without prior notice and will be relevant to the sales realized after the modification.
They are part of our offering and thus, are systematically brought to the attention of the Client before placing any order.
Being a sales contract concluded through an electronic way, the Company intends to identify itself to the Client:
S.A.R.L. SODISAM with a capital of 3 000 euros, whose siège social is 1 Résidence Anthurium - Rue de l'Escale - Oyster Pond 97150 SAINT-MARTIN, registered at the RCS of Basse Terre, GUADELOUPE under the number 534943170.
Validating an order necessarily implies unreservedly the acceptance and full and complete adhesion of the Client to the present conditions. Any contrary condition opposed by the customer will be unenforceable in the absence of expressed acceptance on our part, and regardless of when it could have been brought to our attention.
II. Access to SXMLesHalles.com Service
In order to benefit from the Service, the Customer must proceed to a subscription, filling out an online form available on the website SXMLesHalles.com.
On this occasion, the Customer engages to:
- Provide exact and complete information ;
- Actualize, if need be, the information provided to SXMLesHalles.com as soon as possible. The Customer will be able to proceed to the modification of this information using the rubric "My Account".
III. Products and Availability
The products of our offer comply with regulations and norms in force in France and/or in the European Union or USA at the date of their delivery.
With each product comes a description allowing the client to know the essential characteristics of the product; however, pictures and illustrations only have and indicative value.
Accordingly, our responsibility could not be sought nor involved in the case of mistakes, imprecisions or omissions related to the information of our offer published on this website.
We reserve the right to modify our offering at any time and without prior notice. Consequently, the products of our offer will be available as long as they feature on the website and while stock lasts.
The client who wishes to order one or more products must:
- Enter their e-mail and password to access their account. If need be, the client must create a personal account by clicking on the subscription link “I register” and filling out the subscription form on which he will indicate all requested data, and particularly the desired address of delivery, which must necessarily be located in the delivery zone indicated on the website, in day and hours dedicated to this sector. The client is thus asked to choose a password that must stay confidential and not be disclosed to thirds. The client remains responsible for the use of their account and of their password.
- Fill the online order basket selecting the chosen produces, products and/or services.
- Validate their order after verifying it, specifically the address of delivery and time of arrival.
- Certify to have read and accepted the Conditions of Use.
- Realize the payment within the provided conditions, or choose to pay by cash at his arrival.
This order only acquires a contractual value after we send you an e-mail of acknowledgment of reception of order (Order confirmation).
We reserve the right not to confirm any order of a client with open and/or existing litigation.
The information stored within our system is decisive in relation to orders placed. In case of the production of the information electronically, it will have the same effect as written provided and stored information.
For stock management reasons, the company SXMLESHALLES will have the right to limitate the amount of products of same reference by a single client.
The orders placed on the website by individuals are intended to a personal use. The client agrees not to resell the product to thirds.
The prices of the products are those in force, meaning those published on our website at the time of the order confirmation sending.
They are expressed in U$ Dollars, excluding participation of delivery costs.
It is expressly stipulated that for orders to be delivered, a lump sum of $20 will be added to the amount of the order. Shipping fees are not subject to T.G.C.A.
The price is payable on the day of placement of the order by the customer. The payment is made by credit card (Visa or Mastercard) through our secured servers or by PayPal. In both cases in a secure online environment meaning through a data-encryption process, which allows full confidentiality. Informations transmitted by our computer never circulate on the net and are not registred on our servers. You will have to communicate those information for each new order.
In case of refusal from the concerned banking payment center, the order will automatically be cancelled and the client will be informed by telephone or by e-mail.
The client acknowledges and accepts the delivery and stocking fee of $20. Shipping fees are not subject to T.G.C.A.
We deliver our products.
The products are delivered with a bill summarizing the package content.
It is the client's responsibility to verify the products on the delivery.
- In case of missing or damaged products, or unconformity regarding the ordered products, the client must make all necessary remarks on the billing during the reception of the products and confirm their reserve by e-mail the same day, accordingly to the dispositions of the article L 133-3 of the French Code de Commerce. The company SXMLESHALLES will get in touch with you in order to find a compensation solution.
Pursuant to the Article L. 121-20-2 of the Code de la Consommation, the right of withdrawal referred to in Article L 121-20 of the Code de la Consommation may not be practiced due to the nature of the products sold; these being likely to deteriorate or expire rapidly.
X. Retention of Property Clause
We reserve the right of propriety of the products until complete payment of the billed price.
XI. Case of Absolute
Force majeure and fortuitous event exempt us from any obligation to deliver. Any failure due to force majeure or fortuitous event will result in reimbursement of sums paid but not for damages.
We guarantee the products in accordance to the legal dispositions of the Code Civil and of the Code de la Consommation. In accordance to regulations, the invoice precisely stipulates the reference of the products and services.
Any complaint must be addressed by the client through Registered mail with Acknowledgement of Receipt to the address of the siege social featuring on the first article of the present Conditions of Use.
XIII. Intellectual and Industrial Propriety
The client commits to respect the intellectual and industrial property rights linked to this website.
All of the content of the website SXMLESHALLES is propriety of the S.A.R.L.SODISAM. All rights are reserved.
The use whatever the medium, digital or other of content of SXMLESHALLES website is strictly prohibited.
The brand "SXMLESHALLES" and the logo "SXMLESHALLES" are registered trademarks. Hence, any reproduction is a counterfeit.
SXMLESHALLES could sue for any undergone damage.
Pictures are not contractual. Hence, SXMLESHALLES is not responsible of the minimal differences that could exist between the picture of the product and its real aspect.
XIV. Modification and Interruption of the Service
SXMLESHALLES reserves the right, at any time, to modify or interrupt temporarily part or entire offered service for technical reasons or in the case of payment litigation with the Customer (i.e. non payment of their order), and this without prior notice to the Customer.
The Customer cannot incur the liability of SXMLESHALLES regarding the modifications and/or interruptions made.
XV. Competences - Contestation
The present Conditions of Use and more generally, the contracts concluded through our website, are subject to French Law.
In case of contestation related to the present conditions of use and more generally, to the contracts concluded through our website, we will try to amicably resolve the dispute with the client within one month. If no amicable solution is found within this period, the Court of Basse Terre will have exclusive jurisdiction, regardless of the place of delivery, payment method, and even in case of appeal or multiple defendants.
XVI. Data Protection and Confidentiality
The personal information collected are intended to ensure the fulfillment of orders placed on the site. They are essential to the orders processing, the delivery of products and the invoicing. They are intended for our use and may be treated by service providers acting on our behalf. The customer also agrees to the use of such data by us and/or third parties. According to the law « Informatique et Liberte », the processing of personal information related to the buyers, was the subject of a declaration n° 2VB0276470X submited to the CNIL (French Data Processing and Liberty Committee).
According to the Article of the Law of January 6, 1978, the buyer has a right to access, modify, rectify and delete their personal data, that he can exercise with us writing at the address of the siège social featuring at the top of these Conditions of Use or by email at: [email protected]