Terms of Sales
PREAMBLE
The Seller carries out an e-commerce activity and offers an online Product sales service on the website www.edgar-bdx.com, These general conditions (hereinafter referred to as "Conditions") are exclusively reserved for consumer Buyers and non-professionals.
ARTICLE 1 – DEFINITIONS
The terms used within the Conditions will have the meaning given to them below: Buyer: natural person acquiring Products through the Site Seller: company SARL EDGAR & CO, 30 rue Saint-James 33000 Bordeaux, France, 05 57 83 16 99, contact@edgar-bdx.com Siret number: 751 043 944 00014; NAF: 4771Z. Intra-community VAT: FR 33 751 043 944.
ARTICLE 2 – PURPOSE
The purpose of the Conditions is to define the rights and obligations of the Seller and the Buyer in connection with the sale of the Products through the Site.
ARTICLE 3 – SCOPE
The Conditions apply to all sales of Products by the Seller to the Buyer, made through the Site. www.edgar-bdx.com reserves the right to adapt or modify these general conditions of sale at any time. In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order. An Order will only be taken into account by the Seller after prior acceptance of the Conditions by the Buyer.
ARTICLE 4 – ORDER
The Buyer places his Order through the Site. All contractual information is presented in French and will be subject to confirmation no later than the time of delivery.
Article 4.1: Validation of orders
The Buyer declares to have read the Conditions prior to placing his Order and acknowledges that the validation of his Order implies acceptance of their terms. The Buyer further acknowledges that the Conditions are made available to him in a manner allowing their conservation and reproduction, in accordance with article 1369-4 of the Civil Code. In order to place the Order, the Buyer must provide the Seller with data concerning him and complete an online form accessible from the Site. Until the final stage, the Buyer will have the possibility of returning to the previous pages and of correcting and modifying his Order and the information previously provided. A confirmation email, acknowledging receipt of the Order and containing all of this information, will then be sent to the Buyer as soon as possible. The Buyer must therefore provide a valid email address when filling in the fields relating to his identity.
4.2 Validity of the offer – Product unavailability
The offers presented by the Seller on the Site are valid as long as they are visible on the site, within the limits of available stocks. The photographs and descriptions of the products are given for information only, and may be subject to slight modifications without our liability being engaged or the regularity of the sale being disputed. Upon receipt of your order, we check the availability of the product(s) ordered. In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by email as soon as it becomes aware of this unavailability. In case of unavailability, we undertake within 30 days from the validation of the order to offer you either an exchange or a refund. If one of the products in your order is out of stock: We ship the rest of your order.
ARTICLE 5 – PRICE - PAYMENT
The prices of the Products indicated on the pages of the Site correspond to the prices including all taxes and excluding participation in the costs of logistical preparation and shipping. The Seller reserves the right to modify the prices of the Products presented on the Site. However, the Products will be invoiced to the Buyer on the basis of the prices in force at the time of the validation of the Order.
Article 5.1 Terms of payment:
The payment of the Order will be made: By Paypal or By credit card: payment is made by secure banking server at the time of the order. This implies that no banking information concerning you passes through the www.edgar-bdx.com site Payment by card is therefore perfectly secure; The personal information transmitted from the www.edgar-bdx.com site to the processing center is subject to protection and encryption by the SSL (Secure Socket Layers) system; your order will thus be recorded and validated upon acceptance of payment by the bank. The payment order made by bank card cannot be cancelled. Therefore, the payment of the Order by the Buyer is irrevocable, without prejudice to the Buyer exercising his right of withdrawal or subsequent cancellation of the Order.
Article 5.2 Transfer of ownership:
The transfer of ownership of the Product to the Buyer will only take place at the time of full collection of the price by the Seller. However, from the receipt of the order by the customer, the risks of the delivered goods are transferred to the customer.
Article 5.3 Default of Payment:
EDGAR reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
ARTICLE 6 – DELIVERY
SARL EDGAR & CO. is contractually linked to the carrier La Poste (Colissimo). All packages are shipped through their services. The amount of the Shipping Costs is calculated according to the destination, it is automatically communicated to you upon validation of your basket and is included in the total price to be paid for your order. The Product will be delivered to the coordinates indicated by the Buyer in the form completed when placing the Order. All the announced times are calculated in working days. The Seller undertakes to process the Order within thirty days from the day following the validation of the Order. Exceeding the shipping time may result in the cancellation of the order as long as the order is not shipped from our warehouses. To do this, simply contact our Customer Service. If you receive the package: refuse it and ask for a refund of your order from our Customer Service. As soon as we have confirmation of the return of your package, we will reimburse you within 15 days. The times indicated are average times and correspond to the times for processing, preparing and shipping your order (out of warehouse). They run as soon as the order is validated. To this time, the delivery time of the carrier must be added. The products always travel at the risk of the recipient who, in the event of delay, damage or shortage, must exercise recourse against the carrier or make the necessary reservations to the latter to allow the exercise of this recourse. If the Product is delivered after the cancellation of the Order, the refund will take place upon receipt by the Seller of the Product in its original state. The return of the Product and the reimbursement of the Buyer will take place under the conditions set out below in article 7 “Cancellation – Withdrawal – Reimbursement”.
ARTICLE 7 - CANCELLATION - WITHDRAWAL - REIMBURSEMENT
Article 7.1 Right of return:
Procedure and general conditions: For the purpose of identification and therefore optimal processing of returns, any product requiring to be returned must first be the subject of a return request to our services, under penalty of be refused. The time allowed for you to contact our customer service depends on the reason for the return. The return request must be made to our customer service www.edgar-bdx.com. A confirmation acknowledging receipt of this return request will be sent to you by email. Upon receipt of the agreement, you have 14 days to return the product to us. After this period, your return will be refused. We suggest you to return by Colissimo. Otherwise, if the package, sent by you, and returning to our services, did not reach us, you would not be able to launch an investigation with the postal services in order to ask them to locate it. Please note that any package not shipped by us is not our responsibility. Only the sender of the package is able to launch an investigation with the postal services. In order to properly process your request, please remind us of your order number and your full contact details. Note: Upon receipt, our services will check the conformity of the returned product and the reason for return. If the returned product is not in conformity, it will be refused by our services and will be sent back to you, at your expense. If your return is made for the wrong reason, your product may be refused and therefore sent back to you at your expense. The return pattern may especially be reclassified. From then on, you will be informed by e-mail and the processing of your return will therefore depend on the new reason.
Article 7.2 Right of return for withdrawal:
From the receipt of the Product by the Buyer, the latter has a withdrawal period of 14 days, allowing him, without having to justify specific reasons, to return the Product delivered. If the Buyer makes use of this right of withdrawal within 14 clear days from receipt of the Product, the Seller undertakes to reimburse the Buyer without delay and at the latest within thirty days following the date on which which this right was exercised. ATTENTION: No withdrawal will be accepted if the returned product is unsuitable for its re-marketing. Therefore: - The product must be returned in perfect condition, in its original packaging, undamaged, unmarked. The product must be accompanied by all its accessories. Otherwise, the product will be returned to you, at your expense. Return postage costs will be borne by the Buyer. To exercise this right, the Buyer must first contact customer service. www.edgar-bdx.com A confirmation acknowledging receipt of this return request will be sent to him by e-mail.
Products purchased from the "OUTLET" collection will not be returned or exchanged.
Products purchased from the "OUTLET" collection will not be returned or exchanged.
Article 7.3 Returns for reference error
Return policy You have 14 days to inform us that the product received is not the product ordered: reference error, problem of size, color, characteristics, completely different product, defective... so that our customer service will assign you a return agreement number. The product must be returned in good condition and in its original packaging, even if the latter has been opened, with all of its contents (accessories, cords, labels, etc.). In order to properly process your request, please remind us of your order number and your full contact details. Processing of your return for reference error After receipt and acceptance of your package by our services, depending on the nature of the product, available stocks and according to your wishes, we will offer to reship the product initially ordered or a product from exchange with equivalent characteristics. If you have chosen to be reimbursed, the amount of the entire order (product(s) + shipping costs if your order is made up of only one product) will be re-credited to the account debited within 15 days following acceptance of your return. Upon presentation of proof of the costs incurred, our customer service will reimburse them by sending a check or crediting your account. Note: The amount of reimbursement for these costs will be based on the general public rates in force, communicated by La Poste for colissimo with tracking. The maximum amount of reimbursement may not exceed €15 including tax.
ARTICLE 8 – WARRANTY
Without prejudice to his aforementioned right of withdrawal, the Buyer benefits from the Product guarantee against hidden defects as provided for in article 1641 of the Civil Code. In addition, if the Product received by the Buyer does not conform to the Product designated in his Order, this Product will be replaced or refunded, depending on the wish expressed by the Buyer.
ARTICLE 9 – LIABILITY
The Seller's liability is limited to direct and foreseeable damage that may result from the Buyer's use of the Site and the Products delivered. The Seller's liability cannot be engaged if the non-performance or poor performance of its obligations is attributable to the Buyer, to the unforeseeable and insurmountable event of a third party unrelated to the provision of the services provided for in the Conditions, or to a case of unforeseeable, irresistible and external force majeure. The Seller cannot be held liable for damage resulting from a fault on the part of the Buyer in the context of the use of the Products.
ARTICLE 10 – INTELLECTUAL PROPERTY
All of the elements published within the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, are protected by the provisions of the Intellectual Property Code and belong to the Seller. The Buyer is prohibited from infringing the intellectual property rights relating to these elements and in particular from reproducing, representing, modifying, adapting, translating, extracting and/or reusing a qualitatively or quantitatively substantial part thereof, exclusion of acts necessary for their normal and compliant use.
ARTICLE 11 – PERSONAL DATA
The Buyer is informed that, during his navigation and within the framework of the Order, personal data concerning him are collected and processed by the Seller. This processing is the subject of a declaration to the Commission Nationale Informatique et Libertés pursuant to Law No. 78-17 of January 6, 1978. The Buyer is informed that his data: - is collected in a fair and lawful manner , - are collected for specified, explicit and legitimate purposes - will not be further processed in a manner incompatible with these purposes - are adequate, relevant and not excessive in relation to the purposes for which they are collected and their further processing - are accurate and complete - are kept in a form allowing the identification of the persons concerned for a period which does not exceed the period necessary for the purposes for which they are collected and processed. The Seller also undertakes to take all necessary precautions to preserve the security of the data, and in particular that they are distorted, damaged or that unauthorized third parties have access to them. This data is used to process the Order as well as to improve and personalize the services offered by the Seller. They are not intended to be transmitted to third parties. The Buyer has the right to oppose the processing of personal data concerning him and the use of such data for prospecting purposes, in particular commercial. The Buyer may question the Seller in order to obtain confirmation that personal data concerning him are or are not the subject of this processing, information relating to the purposes of the processing, the categories of personal data processed and to the recipients or categories of recipients to whom the data are communicated, the communication of the personal data concerning him as well as any information available as to the origin of the same. The Buyer may also require the Seller to rectify, complete, update, block or erase any personal data concerning which is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited. In order to exercise this right, the Buyer will send an email to the Seller in his capacity as data controller, at the following address: contact@edgar-bdx.com
ARTICLE 12 - AGREEMENT ON EVIDENCE
It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions, provided that technical security measures intended to guarantee the confidentiality of the data exchanged are put in place. The two Parties agree that the Emails exchanged between them validly prove the content of their exchanges and, where applicable, of their commitments, in particular with regard to the transmission and acceptance of Orders.
ARTICLE 13 – PARTIAL INVALIDITY
If one or more of the stipulations of the Conditions were deemed illegal or void, this nullity would not result in the nullity of the other provisions of these Conditions, unless these provisions were inseparable from the invalidated stipulation.
ARTICLE 14 – APPLICABLE LAW
The Conditions are governed by French law.
ARTICLE 15 – ATTRIBUTION OF JURISDICTION
The Parties agree that in the event of a dispute that may arise concerning the execution or interpretation of the Conditions, they will endeavor to find a transactional solution. In the event of failure of this attempt at amicable resolution of the dispute, it will be brought before the competent Courts.