1 - Introduction -
Definitions - Effective date of these terms of sale
The
Company named Violet, hereinafter referred to as 'Violet', sells
electronic Products, specifically Nabztags (registered trade mark).
Violet offers a remote sales service via internet for the Products
mentioned heretofore (hereinafter referred to as 'Products'). The
term 'Customer' designates hereinafter the individual or corporate
entity that places a Product order online with Violet . Violet is a limited
company( société anonyme or ‘SA’)
incorporated under the French Laws, with a board of directors with a
registered capital of 872.467,20 euros, registered head office:
18 rue du Faubourg du Temple, 75011 Paris- RCS
Paris B 449 570 373 – TVA
FR 4544 9570 373.- Telephone:+33
(0)1 55 255 250 Fax: +33 (0)1 43 73 23 46 - E-mail: contact@violet.net-
Website: www.violet.net and: www.nabaztag.com hereinafter referred to as ' Nabaztore'. The term 'Product'
designates Products marketed by Violet and in particular the Nabaztag
or Nabaztag/tag rabbit connected to the Internet by WIFI, ears,
lights, and other new intelligent, connected products. The term
'Order' hereinafter describes the process by which the
Customer purchases a product from Violet hereinafter mentioned as
‘Product (s)’). The’ Delivery Area’ shall
mean the country and /or area where the Products are deliverable, as
checkable on the Violet’ website link.These terms apply to the
exclusion of all other terms and conditions, specifically those
applicable to in-store sales. The Customer hereby declares that they
have been informed of the following terms and conditions before
ordering Products. They acknowledge hereby that by ordering Products
online, their agreement to these general terms and conditions of sale
does not require a handwritten signature. Violet regularly amends the
text of its general terms of sale. The Customer is therefore invited
to check the version applicable at the time of ordering. To do this,
Customers are able to download, save and copy the general terms of
sale. The terms of sale of goods purchased on the site consist of
the general terms of sale in effect at the time of ordering and issue
of the order form. By choosing to purchase Products on line, the
Customer accepts the following terms and conditions expressly and
irrevocably.
2 -Customer
Status- Professional Use
The
Customer is assumed to be a consumer. As a result, any online order
is limited to a maximum of one 30-kilo package per customer per
month. By placing an order, Customers acknowledge that they are fully
empowered legally to commit themselves under the present general
terms of sale. The Customer declares that they are able to conclude
the present contract for which the general terms of sale are
presented hereafter, i.e. that they are adults under the law and not
placed under financial guardianship of any kind. Violet does not
intend to sell to professionals online, even if Products on offer
have performance ratings, which are compatible with professional use.
If a purchase is made for professional use, it is the Customer's
responsibility to appraise compatibility with their intended use of
the Product. Violet cannot be held liable for any harm of any kind
arising from professional use of Products.
3 - Legislation
applicable to remote sales
Legislation
applicable to the sale on offer is that presently applying to remote
sales in France, a summary of the main terms of which is provided
hereinafter by Violet for the benefit of Customers. Products comply
with legislation and standards applicable in Europe, United-states and Canada. For any purchase
intended for export, the Customer is responsible for checking the
specific applicable legislation in the relevant country with regard
to taxes, declarations, or prohibitions.
Violet can in no way be
held liable for failure to comply with legislation applicable in
countries where the Product is delivered: the Customer is responsible
for verifying conditions for the import and use of Products or
Services.
4 - Recording
orders
To enable Customers to
cancel their order prior to final acceptance, Violet has devised
three validation and acceptance pages. Orders are deemed firm as of
the third and last click validation on the order summary page. This
final click is deemed to be the equivalent of the handwritten
signature cited in article 1341 of the French Civil Code and is
subject to legislation governing remote sales as detailed in articles
121-8ff of the French Consumer Code. The third click is hereinafter
referred to as the Acceptance Click. As of the said Acceptance Click,
the order is deemed irrevocable and may be cancelled only in the
cases specified below. In all cases, the sale is deemed definitive
only after the order confirmation has been sent by Violet to the
Customer and the full amount of the price or deposit payable has been
received by Violet.
5 - Order
confirmation
Once the order has been
registered, Violet sends out an e-mail. By keeping this e-mail or a
printed copy thereof, Customers retain proof of their order. Violet
recommends that customers keep this. This e-mail confirms that Violet
has received the Customer's order and not that the Product ordered is
available. If the order is placed after 12 noon, processing of the
order and the delivery period are deemed to have commenced on the
next working day following the date of effective payment of the
order. Product offers are available subject to stock.
Stated
delivery times apply to deliveries within the European Economic
Community and are subject to freight forwarders' own delivery
schedules. If the Product is no longer in stock and after two (2)
weeks have elapsed, the Customer may request cancellation of their
order by writing to: store@nabaztag.com
Product
offers and prices apply as long as they are displayed on the site and
subject to availability. Details of Product availability are supplied
at the time of ordering. If a Product is out of stock, Violet will
contact the Customer within three working days from issue of the
confirmatory e-mail to offer either a new delivery period for the
Product, a substitute product, or cancellation of the order. The
Customer hereby agrees to accept one or the other of these proposals.
6 - Price, payment
and invoicing
Product prices are
indicated in the currency displayed on the Violet site relating to
invoicing and do not include shipping costs or any applicable local
taxes. Shipping costs detailed in the present general terms of sale
are at the Customer's expense (except where otherwise stated or in
the case of special terms). Any change in local taxes will
automatically be added to Product prices. Credit cards are the sole
acceptable means of payment. Availability and delivery periods are
deemed to run from the recorded date of payment. The Product invoice
will be enclosed in the package containing the Product ordered.
Customer accounts will be debited at the time of the order.
7 - Shipping costs
and delivery periods
7.1.
Terms of shipping and delivery Products ordered will be delivered
to the address supplied by the Customer, such address being
deliverable if the country is listed as such in the area specified on
the nabaztore website. The delivery company is chosen by Violet who
guarantees proper delivery of Products. Shipping insurance is at the
Customer's expense once the Product has left the warehouse. Shipping
costs are at the Customer's expense except in the specific cases
detailed in the present Terms. Customers are asked to pay a lump-sum
shipping charge which varies with the weight of the package. This
charge is indicated on the order page. Violet is not liable for any
consequences of late delivery. Any order not shipped within 30 days
of the order will be cancelled. 7.2. Delivery periods In the
normal course of service, delivery periods will be as stated below,
subject to stock availability. The Delivery periods runs from the
effective date of order payment and are set at five working days from
effective receipt of payment by Violet. Violet cannot be held liable
in any way under any circumstances for delays beyond this period.
Customers are therefore entitled to no compensation of any kind from
Violet should such circumstances arise. 7.3.
Late deliveries If the package does not arrive within the time guaranteed by the
delivery company, the Order Tracking department of the company will
be able to let you know the status. 7.4 .Receipt
of packages Customers
are responsible for checking Products on delivery and before signing
the delivery slip. If necessary, they should indicate any problems
noted (damaged packaging and/or Product) and sign the delivery slip
with these reservations. 7.5. Package
loss If
a package is lost, Violet must wait for the period set by the
delivery company prior to declaring the loss of the package and
carrying out a refund. Violet is responsible for making any such
claims. In such cases, Violet may request some additional documents
to complete the claim.
8 - Area covered
by deliveries - Tax-Free deliveries
The
Products are deliverable only if the country of delivery is listed as
such in the Delivery Area specified on the nabaztore website. All
orders are invoiced inclusive of all taxes. Customers qualify for
refunds of French taxes applicable to the Products ordered from their
country of residence only where they qualify for tax-free status on
such orders in the said country.
Violet
reserves the right to refuse any request for tax exemption which does
not fulfill the conditions set out in the present general terms of
sale and those required by customs authorities. Any request relating
to tax exemption and/or intracommunity VAT must be made subsequent to
invoicing of the relevant Product(s). If the Customer is a private
individual or other entity not registered for VAT, and a member of an
EC country, the Customer must pay the list price inclusive of all
taxes including shipping charges where applicable. If the Customer is
an entity registered for VAT (specifically, non-French companies
located in a Member State of the European Union), the Customer should
send Violet a copy of the order on headed notepaper from the
registered entity or company, on which the company VAT number should
feature in full.
On
receipt of such proof and after verification of the intracommunity
VAT number, a VAT-exempt invoice will be sent with a refund in the
form of a cheque made out in the sum of the VAT paid on the invoiced
Products. Violet reserves the right to refuse any request for tax
exemption which does not fulfill the conditions set out in the
present general terms of sale and those required by customs
authorities.
In
the event of a Customer placing an order or ordering a Product
for delivery to a country other than their country of residence, the
Customer is deemed to be the importer of the Product(s) in question.
All customs and import duties and other local and/or state taxes
payable are the sole liability of the Customer. Customers are
responsible for requesting information from relevant authorities
about entry conditions for Products ordered and for carrying out any
relevant declarations and/or payments to the competent national
authorities. Customers are also responsible for verifying conditions
for the import and use of Products or Services that they are planning
to ship, with the relevant local authorities. Customers should also
check that the manufacturers' technical specifications comply with
applicable national legislation. In no circumstances can Violet be
held liable in the event of Customers failing to comply with
legislation in the country into which they have brought the Products.
Specifically, if the Customer arranges for delivery outside the
deliverable area, and with the agreement of Violet, the Customer is
required to carry out payment of all taxes, fees, or other sums
payable in respect of private copying or any other aspect of
intellectual property rights to the relevant national authorities.
Customers must obtain information with respect to the applicability
to Products ordered of any such taxes, fees or other sums as well as
the amount of same and the formalities for declaring and paying said
sums to the authorities so empowered for the place of delivery.
9. - Checking
Products delivered
9.1. Delivery.
Customers are required to check the condition of packaging and that
the Product is as ordered. Any claim in respect of visible defects or
non-conformity of the Product delivered must be made by the Customer
within three working days of the Product being delivered to the
Customer by registered letter to Violet SA, 18
rue du Faubourg du Temple, 75011 Paris.
Where relevant, Customers should enclose with this claim a copy of a
letter sent to the delivery company or of the 'damage report'
or 'incident report' form supplied by the delivery company.
If the incident is not related to shipping, a return reference number
may be requested by e-mailing Violet's customer service department at
the following e-mail address: http://store.nabaztag.com/contact_us.php If no claims are
submitted within the aforementioned time period, Products delivered
are deemed to have been accepted by the Customer in proper condition.
No Product may be exchanged without it being returned to Violet in
the same condition as it was delivered to the Customer by Violet.
Specifically, no seals must have been broken on the Product. Prior to
any return of a Product to Violet, Customers must in all cases
contact Violet's customer service department at the following e-mail
address: http://store.nabaztag.com/contact_us.php for a return
reference number which must be clearly marked on the returned Product
package. Any Product returned without a return reference number will
be refused and returned to sender. Returns are to be carried out as
specified below. These precautions in no way affect Customers’
statutory rights and guarantees and the exercise of the right of
retraction.
9.2. Reservations.
For deliveries carried out by the delivery company, if the package is
delivered opened and/or damaged. Customers may accept or refuse the
package. If the Customer or their agent decides to accept delivery,
the Customer must note 'written reservations' to be
countersigned by the delivery personnel and complete an 'incident
report' as specified in the delivery company's terms and
conditions. This form must be sent off so that Violet can begin
enquiries and make a request for compensation where applicable. If
the Customer or their agent prefers to refuse the goods, in addition
to the 'written reservations' to be noted, the Customer
must also ask the delivery company to return the package to Violet
with a 'damage report'. Violet requests that Customers keep
a copy of this form. For delivery carried out by other delivery
companies and regardless of whether or not the Customer accepts the
delivery, for any opened and/or damaged packages, the Customer must
note 'written reservations' on the delivery company slip
and inform both Violet and the delivery company of these by letter
within three (3) working days of the delivery. Some delivery
companies may carry out an inspection at the delivery address to
check the condition of the package delivered prior to pick-up and
possible return to the after-sales department with an incident
report.
9.3.
Mistaken delivery. If a Customer receives a delivery destined for
someone else, Violet requests that they keep the package ‘as
is’ and notify Violet's customer service department
immediately, by filling the form at http://store.nabaztag.com/contact_us.php
Products
delivered are not those ordered: If the Products delivered do not
correspond to those ordered, Customers may make a claim to Violet's
customer services department by filling the form at http://store.nabaztag.com/contact_us.php
9.4.
Return arrangements. Violet undertakes to rectify problems
encountered by Customers as quickly as possible. To ensure the return
process is carried out as smoothly as possible and that manufacturers
can diagnose and correct any problems, return requests should be
carried out directly supplying details of the reasons for the return
to the following Violet customer service department e-mail address http://store.nabaztag.com/contact_us.php A return number will be supplied.
Violet hereby informs
Customers that they may request certain documents relating to the
package. Customers must therefore remain in possession of all items
received (including packaging) until all claims have been fully dealt
with. For complete order returns (Documents + Product): Violet
recommends additional packaging round the original Product packaging
since Violet can only accept Products sent back complete
(accessories, guarantee form, drivers, manuals, cover, etc) in their
original packaging and with all items intact and in good condition.
Customers must enclose a copy of the invoice with the return. No
reimbursement or exchange will be carried out if the Customer has
damaged the Product or returned it incomplete. Where no pre-paid
franking label has been supplied, Customers must return the Product
as follows:
- declaring Product
value as stated on the purchase invoice;
- ensuring full
insurance cover for return transport in the amount stated on the
purchase invoice.
On receipt of a
justifiable claim, Violet will allocate a return number to the
relevant Products, which will be forwarded to the Customer.
Returns
should be sent as soon as possible to Violet's after-sales service in
their original packaging and complete with accessories, instructions,
etc in good condition, with the return number clearly marked on the
package and the return slip enclosed. In all circumstances, Customers
should ensure they use appropriate packaging for returns.
10 - Retraction
period
The retraction period
granted to the Customer with respect to purchase of goods is 7
(seven) clear days from the date of receipt of their order. During
this time, the Customer may, at their expense and with no other
penalty incurred, return Product(s) with which they are not
satisfied. In this case Customers may choose either to be refunded
for the price paid in exchange for returning the Product(s) or to
receive a Product in replacement of that ordered. Products returned
at the Customer's expense must be in perfect condition as delivered
by Violet.
11 - Guarantee and
After-Sales service
In all circumstances,
Customers benefit from a guarantee against hidden defects: in the
event of a manufacturing defect in the Product making it unsuitable
for use, Customers may make a claim to Violet after-sales service by
e-mailing support@nabaztag.com . Some Products on sale may be covered by another manufacturer's
guarantee. In such cases, in order to benefit from this guarantee,
Customers must return the Product to Violet at their own expense and
enclose the original invoice. In such cases Violet undertakes to send
the Customer a Product in proper working order, either a new
replacement (unless the item is not in stock) or return the original
Product once it has been repaired by the manufacturer. If the item is
out of stock and it is not possible for the manufacturer to repair
the Product, the Customer will be offered a similar replacement
Product or a refund on the original Product.
12 - Secure
transactions
When Customers pay using
a credit's card, Violet asks them to provide their card number,
expiry date and the last three digits of the number printed on the
reverse of the card. Various servers are then accessed to check the
data and prevent misuse and fraud. During this process the server is
in encrypted mode and all personal information in transit is coded;
this renders it impossible to read it using the Internet. To ensure
optimum security for Internet transactions, Customers are offered an
SSL (secure socket layer) online payment system enabling their
banker's card number to be encrypted. For all such processing,
guarantees provided by Violet for transaction security are the same
as those provided to Violet by the software manufacturers. To benefit
from the SSL secure payment method, Customers must use browsers that
are SSL-compatible. Compatible browsers are: Firefox version 2.0 or
higher, Microsoft Internet Explorer version 6.0 or higher and Safari
version 2.0 or higher.
13 - Personal data
Under the terms of the
data protection French law 78-17 of January 6 1978, information
requested from Customers is that necessary for processing their order
and destined for Violet's use only. Customers retain a right of
access to information held about them. All such information is
available on request and may be rectified in case of error or change.
Customers wishing to refuse Violet permission to pass on this
information to third parties should do so by regular letter.
14 - Force majeure
circumstances
Violet cannot be held
liable for failure to carry out contractual obligations in the event
of force majeure or other unforeseen circumstances including
catastrophes, fire, internal or external industrial action, internal
or external breakdown or failures, and more generally any event
preventing the proper processing of orders.
15- Waste material
from professional electrical and electronic equipment: obligations of
purchasers:
In compliance with the
provisions of article 18 of French decree n° 2005-829 of July 20
detailing the obligations for the collection, processing and disposal
of electrical and electronic equipment, the Customer's attention is
drawn to the obligation under which users of professional electrical
and electronic equipment place themselves in respect of the
organisation and financing of waste removal and processing. Customers
must ensure collection and processing procedures comply with Article
21 of the above decree and guarantee the forwarding of this same
information to all successive users of the said equipment. Article 25
states that failure to comply with this obligation attracts a penal
fine. The Customer is assumed to comply as well with any applicable
local law or regulation regarding the above purpose.
16- Contract
integrity and nullification of clauses
The present general
terms and dependent clauses (security, payment, delivery, guarantee,
after-sales service) constitute the rights and obligations of the
parties in their entirety for all orders of Products using the
Internet. No general or specific term of sale supplied by the
Customer may be incorporated into the present General Terms of Sale.
If one or more clauses of the present general terms of sale should be
deemed null and void or be declared to be so by application of a law,
regulation or final decision by a competent legal authority, all
other provisions continue to carry their full effect.
17 - Reserve of
ownership clause
Supplying an order to
pay does not constitute payment. The following provisions in no way
affect the transfer to the Customer of liability in respect of loss
or damage. Costs relating to recovery in such cases remain at the
Customer's expense. In
the event of failure to pay all or part of the order, Violet reserves
the right of ownership on all Products sold enabling them to
repossess said Products until they have been fully paid for. Any
deposit paid by the Customer remains to the account of Violet as a
lump sum compensation payment without this in any way affecting
Violet's right to further action against the Customer in respect of
non-payment.
18 - Applicable
law - Jurisdiction
Any dispute arising from
the order, including completion, interpretation, validity or
cancellation of the order, will be governed by French law (applicable
for both form and content) except for the provisions of the Vienna
Convention of April 11 1980 on the international sale of goods. Any
dispute relating to the interpretation of application of the present
terms of sale must in all cases, including class actions and
guarantee claims, be presented before the courts of Paris, france.
19 - CURRENT PRICE
LIST
The current price list
may be consulted at the following Nabaztore link: http://store.nabaztag.com/eu
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