Last updated: 25th January 2010 Purchase on the on-line site www.spykeeonline.com published by MECCANO implies unreserved acceptance of the following terms: Article 1: Company Site editor: This site is maintained and provided by MECCANO, a corporation with capital of €3,180,000 based in Calais (France), and registered with the Registre du Commerce et des Sociétés de Boulogne-sur-Mer (number B 431 852 789) and for which the VAT number is: (number pending) Managing Editor: Michael Ingberg Host: INDOM - 124-126 rue de Provence - 75008 Paris - France - Tél. : 0820 77 7000 Article 2: Objects These MECCANO General Sales Conditions define the rights and obligations of MECCANO and Customers in the context of the sale of products via the www.spykeeonline.com, website, hereafter named “the Site”. MECCANO reserves the right to change these General Sales conditions. The General sales conditions applicable are those in force on the day of acceptance of the order. The Customer is advised to retain and/or print out these conditions. The Customer declares that he has read and accepted the attaching rights and obligations. Any order made on the Site is governed by these conditions. Article 3: Prices 3.1 The prices of our products are shown in Euros including all taxes including eco-tax. Prices shown do not include potential share of the costs of delivering the order. Order delivery costs will be provided before final confirmation. For deliveries that are not within mainland France, the terms provided by the General Taxation Code (Code général des impôts) relating to VAT will apply. *Eco-participation is the contribution made to finance the collection, transport and recycling of waste electrical and electronic equipment and thus to contribute to the protection of the environment. This share is marked on the product information sheets for each product in such a way as to be visible and transparent. This contribution was implemented by a European directive dated 15th November 2006 relating to waste WEEE electronic and electric equipment. 3.2 All orders, whatever their origin from amongst the countries mentioned in article 7 are payable in Euros. 3.3 Products remain the property of MECCANO until complete receipt of the sales price by MECCANO. 3.4 MECCANO reserves the right to change its prices at any time. In any event, products will be invoiced on the basis of prices in force as advertised on the site at the time of ordering. 3.5 The site is not designed for trade sales. Article 4 Ordering Methods Customers may order by Internet: www.spykeeonline.com Stages in Ordering: 1. Fill the basket and check the contents before confirming the order. 2. Select the country for delivery. 3. Accept the general sales conditions by selecting “I do accept terms”. Contractual information is presented in French and is accessible via a link on the order confirmation page. By clicking on “Accept my Order”, the Customer accepts, fully and unreservedly all of these General Sales Conditions. 4. Chose the payment method. Once the payment method has been selected, the Customer then pays for his order. Payment confirms the order finally. The Customer guarantees that he is fully authorised to use the payment card supplied in payment for his order and that this card gives access to sufficient funds to cover all costs resulting from use of the Site. 5. Order Confirmation. An e-mail confirmation of the order from « service@paypal.com »will be sent to the Customer following payment for the order. This e-mail serves as the invoice at is the Customer’s responsibility to retain it. MECCANO reserves the right to refuse or suspend any order or delivery in the event of: 1) total or partial non-payment of a previous order by the Customer 2) refusal to authorise the bank card payment by a banking organisation or 3) existing dispute with the Customer. MECCANO’s will in no event be liable. Article 5: Product Availability Products are available as advertised on the Site limited to availability of stocks. In application of the provisions of article L 121-20-3 of the Consumer Protection Act (Code de la Consommation), in the event of total or partial non-availability of product after passing the order, the Customer will be informed by e-mail of the timescale within which the product will be made available. Customers who do not want to wait for this availability or in the event of absolute non-availability of the product, will be reimbursed for the product price and for any possible carriage charge that might be invoiced if his bank account has been debited, within 30 (thirty) days following the effective payment date. Article 6: Secure Payment MECCANO have chosen PAYPAL secure payment for your Site purchases. You may pay your Site purchases by: • Bank Card: Visa, Mastercard and National Bank Card • Private payment cards: Aurore, 4 étoiles and Cofinoga • PayPal Account Debiting the card is carried out upon confirming the order. At the time of payment, the Customer is redirected to PAYPAL’s secure server. PAYPAL is subject to security by SSL cryptographic protocol. (Secure Socket Layer) with a 128 bit encryption key to protect all of the data linked to the payment more effectively. Information about the Customer’s bank card (number, expiry date and card visual cryptogram are sent direct to PAYPAL and at no time pass openly over the Internet. MECCANO has no knowledge of your banking information and does not retain it. Article 7 : Delivery and transport > Place of Delivery Products will be delivered to the delivery address provided by the Customer during the ordering process. Products bought on the Site will be delivered only to the following countries: Belgium, Bulgaria, Cyprus, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Rumania, United Kingdom, Slovenia and Sweden. > Delivery Date The timescales for delivery advertised on the Site are shown in working days (that is to say excluding Saturday, Sunday and public holidays). Delivery date is calculated taking account of the time for preparation and sending out, to which are to be added delivery by the transporter, the Post office, La Poste (France). The timescale for preparation and sending out the order is shown, at the latest, at the time of adding the product to your shopping basket. This time is from 2 to 3 working days (France). Post office delivery times based on destinations are shown under the heading: Delivery rates and times. > Late Delivery In the event of delays in sending out, an e-mail will be sent to you informing you of the possible effect on the delivery date that had been given to you. However, in compliance with legal provisions, in the event of a delivery delay exceeding 7 (seven) working days, you have the right to cancel your order by contacting Customer Services unless this delay is due to an event of “force majeure” in the legal sense as used in French courts. MECCANO undertakes to reimburse the Customer for the product price and possible delivery costs as soon as possible or at the latest within 30 (thirty) days. The reimbursement will be made by crediting the customer’s bank account which corresponds to the bank card used in payment. > Delivery Method The delivery method offered is: - Colissimo Expert 48 hour for mainland France - Colissimo Expert International for other destinations This service is carried out by La Poste (France) > Completed delivery Each delivery is legally deemed completed when the product has been made available to the Customer, in particular by la Poste, represented by a system of control used by la Poste such as the delivery monitoring system offered by la Poste: Coliposte.net. It is the Customer’s responsibility to check the parcel on arrival and to make any reservations or claims that appear justified, even to refuse the parcel where it might have been opened or if it bears traces of obvious deterioration. The said reservations and claims are to be sent to la Poste by registered letter within three working days after product delivery. The Customer will also send a copy immediately, to Customer Services at MECCANO.
> Delivery Method The Customer will be informed by e-mail when the parcel is sent out and will receive a monitoring number to follow the delivery of his colissimo parcel on the Coliposte site. In the event of absence at the time of delivery to the address given by the Customer, a non-delivery notification will usually be placed in the letter box: it is then possible to pick up the parcel from a post office within about 10 days after this notification has been made. In the event of timescales as shown being passed, the parcel will be sent back to MECCANO. Customer Services will then contact the Customer for a possible resending, and where there is no reply from the Customer within a reasonable time, a reimbursement will be made. The product price alone will be reimbursed, delivery costs remaining due by the consumer. The reimbursement will be made by crediting the customer’s bank account which corresponds to the bank card used in payment within 30 (thirty) days. Warning: this option is not available in all countries for delivery. > Partial Delivery The Customer will be informed by e-mail of part delivery of an order. A second e-mail will be sent to inform him of the delivery of the other products ordered. > Lost Parcels Where the delivery date is passed, the Customer should go to the Post Office closest to the point of delivery shown on the parcel. If the Post Office and the Coliposte site have no trace of the parcel, please send an e-mail to MECCANO Customer Services who will open an enquiry with la Poste. At the end of this enquiry: If the parcel is found, it will then be sent to the Customer: the procedure for acceptance then continues as usual. If the parcel is declared lost, MECCANO will advise the Customer and carry out reimbursement processes immediately for the order relating to the lost parcel (for the product and its delivery costs). Article 8: Withdrawal Option 8.1 In compliance with the provisions of article L121-20 of the Consumer Protection Act (Code de la Consommation) the Customer has 7 (seven) clear* days from the date of delivery to exercise the right of withdrawal without the requirement to give reasons and without penalty. “Where this 7 day period falls on a Saturday, a Sunday, or a public holiday or a bank holiday or non-working day, it is extended to the next working day. 8.2 To exercise the right of withdrawal, the Customer will contact Customer Services by e-mail. The Customer will then return the product: > In its original condition and complete (wrapping, assembly instructions, etc), properly protected in order to enable it to be remarketed in new condition, > Accompanied by a copy of the purchase invoice (the e-mail confirming the order), > Accompanied by a return form completed with the return number provided by Customer Services included, > To the address shown on the return form sent by Customer services. In the event of withdrawal by the Customer within the timescale mentioned above, the cost of the product and possible sending costs and of delivery will be repaid. On the other hand, the costs of returning the product by a transporter will be paid by the Customer. The deliveries will, necessarily, be prepaid. No delivery for contra-repayment will be accepted. MECCANO will reimburse you as soon as possible and at the latest 30 (thirty) days after receipt of the parcel. The reimbursement will be made by crediting the Customer’s bank account which corresponds to the bank card used in payment. In the event of the possibility of returning only a part of the order, only the price invoiced for the products returned will be reimbursed. Article 9: Warranties 9.1 Legal Warranties By buying on our Site, you benefit from legal warranties as to conformity and to hidden defects described below. In the event of delivery of a product that does not conform or in the event of delivery of a product with hidden defects, MECCANO undertakes: > Either to reimburse the Customer the total product price (the price of the product and possible delivery costs), > Or to exchange the product for an identical product, as far as stocks are available, > Or to exchange the product for one of equivalent quality and price on the basis of available stocks. > Legal Warranty as to Conformity Article L.211-4 of the Consumer Protection Act (Code de la consommation) : The seller is legally bound to deliver goods that are in conformity with the contract and is liable for defects in conformity at the time of delivery. It is also liable for defects in conformity resulting from packaging, assembly or installation instructions where these are its responsibility under the contract or have been carried out under his responsibility. Article L.211-5 of the Consumer Protection Act (Code de la consommation) : To be in conformity with the contract, the goods will: 1. Be suitable for the use normally expected for similar goods, and, otherwise: correspond to the description given by the seller and possess the properties that have been represented to the buyer in the form of a sample or model; present the properties that a buyer would legitimately expect with regard to public statements made by the seller, by the manufacturer or by its representative, in particular in advertising or labelling; 2 Or present the characteristics defined by common agreement between the parties or be suitable to any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted. Article L.211-4 of the Consumer Protection Act (Code de la consommation) : The rights to legal action resulting from a defect in conformity lapse at the end of two years from the date of delivery of the goods. > Legal Warranty for hidden defects Article 1641 of the Civil Code (Code Civil) The seller is legally bound by the warranty as to hidden defects in the goods sold which render it unsuitable for the use to which it is destined, or which so reduces this use that the buyer would not have acquired it or would only have given a lesser price if he had known. Article 1648 first paragraph of the Civil Code (Code Civil) Legal action resulting from latent defects will be brought by the acquirer within two years from the discovery of the defect. 9.2 Contractual Warranties Products bought on our Site give rights to contractual warranties of 6 months from the date of product delivery. To benefit from contractual product warranties, you must retain the product invoice, that is to say the order confirmation that you received by e-mail on the day of your purchase on our Site. In order to find out about the procedures to follow in the event of any problem or breakdown of the product, please contact Customer Services. The contractual warrantees do not cover: > Abnormal or non-conforming use of the product. We would ask you, in this respect, the look carefully at the instruction manual supplied with the products, > Defects and their consequences in relation to work carried out by you on the product, > Defects and their consequences in relation to any external cause: theft, shock, accident, fire, exposure to damp or to a heat source, electrical current fluctuation (this list is not exhaustive), > Broken parts, > Damage caused by a third party or intentionally, > Consumable parts, e.g. batteries. At any event, when sending products for repair or exchange, the outgoing transport is the Customer’s responsibility. The Customer will send his parcel with the product and all of its accessories as well as the return form and the invoice to the address provided by Customer services. Repair is without cost and the transport for product return is MECCANO’s responsibility unless contractual warranties do not apply. Article 10: Customer Service If you have any questions or claims, please contact our Customer Services by e-mail: contact@spykeeonline.com, to ask questions relating to: > The progress of your order > Withdrawal or declaration of product non-conformity after purchase, > Implementation of MECCANO contractual warranties described in article 9 of these General Sales Conditions. If you have any technical questions about the products or need help in their operation, please contact our technical team: contact@spykeeworld.com. Article 11: Personal Data MECCANO undertakes to respect the confidentiality of personal data provided by Customers on the Site and to treat them in compliance with Data Protection legislation dated 6th January 1978 (loi Information et Libertés) Information and data relating to the Customer are necessary in the processing of his order and to our business relations. They may be sent to companies who contribute to these relations, for example, those responsible for the execution of services and orders, in their execution, processing, recording and payment and those responsible for after-sales services. This information and data is also retained for security reasons to comply with legal obligations. They might also be used by MECCANO to carry out customer satisfaction surveys. Additionally, MECCANO might also communicate your personal details in response to an injunction by the legal authorities. Moreover, in compliance with Data Protection legislation dated 6th January 1978 (loi Informatique et Libertés), the Customer may exercise his right of access to his file, his right to object and his right to correct or to delete regarding information concerning him by sending his request (noting his name, first name, postal address and e-mail address) by e-mail to Customer Services. Article 12: Law Applicable- Disputes These General Sales conditions are compiled in French. This contract is subject to French law. In the event of dispute, the Customer will first contact MECCANO to obtain an amicable solution. Failing that, in the event of dispute, French courts will be the sole competent.
General sales conditions
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