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GENERAL TERMS AND CONDITIONS

 

 

 

 

FIELD OF APPLICATION 

 

 

These general terms of sale govern the sale of all products ACMODE, taken together or separately and whatever is the quantity.

The customer states to have taken knowledge of the following provisions before placing order of products. While choosing to buy products at ACMODE, the customer accepts the terms stated expressly hereafter.

In the event of contradiction between the present general terms of sale and any other document being reproduced on the site, including charter of quality or equivalent document, the present general terms prevail.

 

 

The present General terms will be applicable to all the orders placed on the www.ACMODE71.com web site insofar as the invoice is sent at an address in France.

The orders placed since the Foreigner are to be paid completely before the order takes effect and its preparation ordered after cashing of the integral payment of the order.

While placing order to us, you indicate to accept the present General terms.

All modifications of these General terms will be applicable subject to a written confirmation of your share and an acceptance written on a case-by-case basis on the part of ACMODE

You state to have legal capacity to conclude the present purchase order as envisaged by articles 1123 and following of the French Civil code.

 

The present “General terms of Sale” have the aim of defining the terms and conditions as well as the methods which apply to the legal operations carrying to the products and services marketed near its professional and customers by ACMODE.

 

The signature of the estimate or purchase order with mention of agreement implies the general acceptance by the particular or professional customer of these general terms of sale.

 

Siret scope of application to be changed and VAT to be checked

 

Except special exemption and written, our conditions of sale replace and cancel all the other general terms of purchase of the customer. No authorized exemption could constitute novation.

The present general terms of sales govern the current and future contractual relations of the purchaser with the company ACMODE whose head office is fixed at the 71, street Saint Charles 75015 PARIS,

tel. : 06 99 07 36 99 of number SIRET 79517607200010 and VAT FR 50 795176072

 

They are supposed entirely accepted as of confirmation of order. They refer to going rate at the time of the order. All our estimates, purchase order or invoices imply on the part of the customer the total acceptance of our conditions of sale.

 

Legal MENTIONS

COMPANY ACMODE

71 (a), street Holy Charles 75015 PARIS

Tel. : 06 99 07 36 99

SIRET 79517607200010

VAT FR 50 795176072

 

 

ACCEPTANCE OF THE CONDITIONS

 

 

During the ordering, the customer states to have taken knowledge of these general terms of sale and to accept the terms of them.

Any validation of order is worth thus general acceptance of the known as general terms of sale thus governing their contractual relations, which will be only applicable to the contract which follows.

Except contrary proof, the data recorded by ACMODE constitute the proof of the whole of the transactions concluded with its customers.

 

It is in addition specified that the customer is only responsible:

- exactitude of information which it communicates at the time of its order (name, first name, coordinated, addresses delivery, etc…) and of the consequences while rising (delay, impossibility or error of delivery, etc…). In the event of error or of inaccuracy, all the expenses engaged by our company, in particular for the reforwarding of the order, will be entirely the responsibility of the customer.

 

DESCRIPTION OF THE OFFERED PRODUCTS TO THE SALE ON SITE ACMODE

 

 

Site “ACMODE71.COM” provides you a broad choice of commercial services on line concerning the reproduction of its visual on various supports constituting of the collections except for whole.

 

In order to use the Service, you should an access to the Internet (the possible corresponding expenses are with your exclusive load). You must thus have of all the hardware requirement, and in particular of a computer, a modem or any other tool of connection, in order to ensure this network connection Internet and the download of data, files and numeric photographies. By using the Site, the user expressly accepts the terms and conditions which follow.

 

The user cannot record or transmit messages under the name of anonymity or under a false identity.

 

The user cannot block the use of the Site by other users.

 

The user cannot record or transmit files which contain viruses, programs which crush the data in memory or any other infectious or destructive function.

 

Any ordering of product and/or service on the site supposes approval in the present conditions.

Under the process of order you accept the conditions of use by notching a button “I accept the general terms of sale” before validating your order.

 

When the particular or professional user notched the button “I accept the general terms of sale” at the conclusion of the process of order, the user irrevocably states to accept with full knowledge of the facts the placed order with ACMODE (price, volumes, quantities, object, contained…), expenses of delivery afférant there or their evaluation likely to be modified from increases in service being included in this total acceptance of the general terms of sale.

 

In order to order the Products and/or Services available on Site ACMODE, it is obligatory to validate a summary of order envisaged for this purpose.

ACMODE will confirm the acceptance of the order under the conditions envisaged hereafter.

The performance of service and/or the sale will be concluded only as from the confirmation of order.

ACMODE reserves the right to cancel any order of a user with whom would exist a litigation relating to the payment of a former order.

It is the same on the assumption that an order of services runs up against the respect of the public order, the moralities or the person.

Information which you communicate at the time of the order taking engages you: in the event of error in the wording of the coordinates of the recipient and/or any other information, ACMODE could not be held responsible for the impossibility in which it could be to deliver the order.

The price which is invoiced to you is indicated as from the moment when the summary of order was entirely supplemented. This price constitutes the final price expressed any inclusive of tax and including the VAT. The transport costs and all other expenses inherent (conditioning, treatment, etc) are indicated as far as possible in an explicit way on the known as summary.

 

 

With reception of your order, you must check the conformity of the products delivered with your order and contact, if necessary, by e-mail the customer service on the form of contact as soon as possible.

If the products require to be to us returned, they owe the being in the seven (7) business days following the delivery with the address which will be communicated to you according to the order in question.

The return of the products could be accepted only for the products in their country of origin, namely in particular with their packing and accessory and turned over to the good address which will be indicated to you by ACMODE.

 The expenses of return are the responsibility of the User.

 

 

 

ARTICLE 1 - APPLICATION OF THE GENERAL TERMS OF SALE

 

ACMODE reserves the right to modify in all or partly and constantly the present C.G.V.

 

 

 

ARTICLE 2 - CONDITIONS MINIMUM

 

The conditions minimum of order and new stock will be fixed by ACMODE on a case-by-case basis per the nature of the order as well as the products and/or the services concerned with this order.

 

 

 

ARTICLE 3 - SAMPLES

 

The samples will be carried out by ACMODE on request and will be invoices.

The regulation of these samples will be payable with reception by the customer of the estimate samples and those Ci will be carried out following the cashing of the integral regulation of the invoice samples.

These samples will be deduced from the invoice within the limit of 10% of the final order which will rise from this realization of samples.

 

 

 

ARTICLE 4 - ACCEPTANCE, ORDER TAKING AND CONFIRMATION OF ORDER

 

The titles of the articles have only one indicative value.

 

 

Only our confirmation is worth acceptance.

 

All the orders are famous being placed with integral acceptance and without reserve

these general terms of sale.

 

Those take precedence over all general terms of purchases of the customer being reproduced on his goods of orders.

Acceptance of the orders: The orders which are addressed to us directly by our customers or who are transmitted by our agents or representatives bind our house only when they were confirmed in writing.

The process of final order will be started by ACMODE with reception of the estimate turned over with the good mention for agreement, the seal of the company and the signature of the direct interlocutor of ACMODE within the framework of the treatment of this order.

 

If the order requires BEATS, the production inherent in this order will be started with the reception of BEATS approved and accepted without reserves, dated, signed and plugged by the customer.

Speed back from estimate or of BEATS signed by the customer will be thus one of the paramount conditions of the effective cure of the ordering and the respect of the delivery period by ACMODE.

 

For any regulation by advance by cheque, credit transfer or postal order your order could be to you sent only to reception of the integral regulation of the product accompanied by the copy by your identity card or passport (for a regulation by cheque).

 

 

ARTICLE 5 - AVAILABILITY AND CHARACTERISTIC OF THE PRODUCTS

 

Our offers of products are proposed within the limit of stocks of supports personnalisables in our suppliers.

For the not stored products, our offers are valid subject to availability in our suppliers.

Within this framework, indications on the availability of the products are provided to you at the time of the making of your order.

This information is only indicative because they come directly from our suppliers.

The exceptional errors or modifications are independent of our will.

In the event of unavailability of product after making of your order, we will inform you by e-mail or telephone.

 

 

When you place order, you state to accept fully and without reserve the entirety of these General terms of sale.

The data recorded by ACMODE constitute the proof of the whole of the transactions passed through ACMODE and its customers.

Products concerned: the denomination, conditioning, the quantity as well as the characteristics are specified for each product.

The whole of these elements is taken again at the time of the order carried out by the purchaser.

In any assumption, the photographs of presentation of the offered products in the electronic catalogue are not contractual, and cannot engage the responsibility for the salesman with regard to the purchaser.

 

Availability of the good or the service: the products presented in the electronic catalogue and whose distance selling is governed by the present general terms of sale, are available as long as the product concerned appears on the electronic catalogue and as long as breadth support used for personalization is available in the supplier.

A stock shortage in the supplier independent of the will of ACMODE does not engage of anything the responsibility for ACMODE.

 

The photographs or charts being used to illustrate the products, do not enter to in no case in the contractual field and could not give place to any engagement on the part of ACMODE.

Moreover, the data sheets, descriptions of the products or any other information of the technical type coming from our partners, ACMODE declines any responsibility as for the validity for their contents.

The product ranges proposed by ACMODE are regularly renewed in order to ensure an optimal level of quality.

Within the framework of this renewal, our company makes so that products of quality selected with an equivalent degree of requirement are offered permanently.

It cannot however guarantee at the time of your order which the products will be rigorously identical to its proposal catalogues.

ACMODE will then offer to its customer a substitute product of level of range and of requirement equivalent to the product of origin, without the responsibility for our company being able to be required in the event of withdrawal or of stock shortage of a product compared to the proposal catalogues.

 

 

 

ARTICLE 6 - MANUFACTURING LEAD TIMES

 

ACMODE puts all works about it for the respect of the times by always envisaging a room for maneuver but even confirmed by us, these deadlines can be indicative and whatever is the cause, of the exceptional goings beyond cannot be pretext with penalties, damages or allowances.

 

 

ARTICLE 7 - RIGHT OF RETRACTATION

 

For the services, the time of retractation is in theory fourteen business days as from the day when the confirmation of order by e-mail was carried out. However, considering the fact that the order consists of the supply by ACMODE of goods made according to the specifications of the User and definitely personalized on a case-by-case basis, the User and ACMODE agree that the User gives up exerting his right of retractation once the ordering of the User confirmed by ACMODE.

By accepting the present conditions, the User gives up his right of retractation.

 

 

ARTICLE 8 - INCOMPLETE INFORMATION OR ERRONNEES

 

To place order, the Customer commits himself filling the purchase order with precision and rigour. For this reason, it is committed completely informing the various headings necessary to the good treatment of its order:

·              Produced du/des choices

·              Choice of the bill-to-address

·              Choice of the address of delivery

·              Choice of the delivery date

·              Respect of the method of payment

·              Validation of the order after checking

·              Payment of the order under the conditions envisaged

 

 

 

ARTICLE 9 - PRODUCTS GOODS AND PROPOSED SERVICES

 

Each product is presented accompanied by a photograph and a description established by ACMODE.

The photographs of the products are provided as an indication, and are not contractual.

The characteristics of the products before the final order taking cannot in no case to engage the responsibility for ACMODE.

 

 

ARTICLE 10 - PAYMENT TERMS 

 

 

For the private individuals

Preparation of the order with cashing of the cheque or cashing of payment the CB in the event of payment by credit card makes directly on Internet site.

 

It should be noted that for any regulation by cheque, you must systematically forward to us a photocopy recto back of your united identification papers to your cheque.

 

 

For the companies

50% with the 50% and order taking before forwarding for the first order.

The order is treated with cashing of the first part of payment of the order.

 

By Chèque of company (a Kbis extract of less than three months and a photocopy of the identity card of the signatory or the manager) must be sent for any order.

 

By credit transfer

 

A bank account number and the intracommunity number of VAT must be joined to the first order for the opening of account.

 

As from the second order, the regulation is carried out according to the file concerned and the conditions accepted by ACMODE.

 

 

- Bank cards: Aimed, Eurocard and Mastercard.

The flow of the chart is carried out only at the time of the recording of the order and the validation by our business services.

 

Because of the current uses of the banking organizations on transactions Internet, the flow of the chart is immediate.

 

- Bank check: indicate on the back of cheque your number of order, name and telephone and send your regulation to the order of ACMODE 71 (a) street Saint Charles 75015 PARIS.

We do not accept the accounts - foreign cheques.

 

The order validated by your care will be considered effective and treated only when payment is received and boxed by ACMODE.

ACMODE declines any responsibility in the event of delay due to the banking institutions concerning the treatment for the cashing for the cheque.

The delay taken concerning the cashing of the lengthening cheque of as much the treatment of the order could not be taken by the customer like a reason for cancellation of its order.

 

Delay of payment

In accordance with law 92.1442, the delay of payment will involve an interest equal to 1.5 times legal interest rate.

 

 

SECURITY

 

In the event of payment by chart, all the related informations with your regulation are automatically encrypted thanks to technology SSL before being communicated directly to the company partner in charge of the protected payment.

 

 

 

ARTICLE 11 - TARIFF PRICES AND MODIFICATIONS 

 

Prices ACMODE mean HT and in euro - Conversion rate then in force for 1 euro = 6.55957 FR.

All the orders whatever their origin are payable in Euros.

 

- In the event of order towards a country other than the Metropolitan France, you are the importer of the product (S) concerned (S).

For the products dispatched except European Union and DOM-TOM, the price remains identical on the invoice.

Customs duties, transport costs or other taxes local or right of import or taxes of State are likely to be exigible.

These rights and sums do not concern the spring of ACMODE.

They will be with your load and raise of your whole responsibility as well in terms for declarations as for payments to the authorities qualified et/organisms for your country.

We advise you to inform you about these aspects near your local authorities.

 

 

These prices on a case-by-case basis do not understand the expenses inherent in invoices transport except for because calculable.

The tariffs of delivery depend on the destination, the weight and the volume of the parcel and come to be added at the cost of goods.

 

These prices do not include either fixed prices being able to stick to the realization of the order in its globality (insurance, displacements, fixed prices technical…) and which will come to be added to the invoice.

 

These expenses understand an assumption of responsibility of the means implemented by ACMODE to ensure a packing of high-quality, resistant to the shocks and the variations in temperature in the event of perishable or fragile contents.

These expenses are with the load of the customer and invoices by ACMODE.

Tariffs ACMODE are revisable constantly according to the variations of costs which we can undergo (purchase price, port, change, taxes, conversion rate…).

 

The invoicing will be made during the day, even if a new tariff were not sent.

 

It is specified here that if the customer proceeds to the deduction of the VAT, this deduction raises of its only responsibility without our company being able to be blamed, to some title that it is.

 

 

Simple estimates of work accompanying the service by decoration council ACMODE:

These estimates reach you by e-mail following your request for estimate.

Those Ci neither contractual neither opposable with thirds nor are revealed with thirds.

 

They are calculated to leave:

- cost by work except supply of the goods for Paris and Paris region, France or other.

- of an average of the services carried out by the independent craftsmen or craft businesses in partnership with ACMODE.

- basic services in conformity with the code of practice

- of a rate VAT included.

 

These estimates do not hold account:

- specificity of the places or technical characteristics met on the ground,

- travelling expenses for the establishment of the estimate council for which ACMODE reserves the right to constantly modify the rules of calculation and the presentation of these estimates according to the evolution of the files concerned.

The estimates of work and any document inherent in the file of the customer and this dice the making of contact are the intellectual property of ACMODE.

Any reproduction is prohibited except that intended for the personal use of the customer.

All the people brought to work on any document inherent in the file are subjected to the same respect of the intellectual property.

 

These prices on a case-by-case basis do not understand the expenses inherent in the sending of goods invoicees except for because calculable.

The tariffs of delivery depend on the destination, the weight and the volume of the parcel and come to be added at the cost of goods.

 

These expenses understand a participation in the means implemented by ACMODE to ensure a packing of high-quality, resistant to the shocks and the variations in temperature in the event of perishable or fragile contents.

These expenses are with the load of the customer and invoices by ACMODE

Tariffs ACMODE are revisable constantly according to the variations of costs which we can undergo (purchase price, port, change, taxes, conversion rate…).

The invoicing will be made during the day, even if a new tariff were not sent.

It is specified here that if the customer proceeds to the deduction of the VAT, this deduction raises of its only responsibility without our company being able to be blamed, to some title that it is.

 

 

 

ARTICLE 12 - TRAVELLING EXPENSES

 

 

Travelling expenses for estimate councils can be required for estimates except Paris and close Île of France.

Lodging and travelling expenses are to be included in your expenses in the event of displacement of ACMODE for an evaluation of intervention except Paris and close Île of France.

 

 

 

ARTICLE 13 - UNPAID

 

 

Any non-payment will involve a contentious intervention with the expenses of the customer.

 

The application of a penalty of 15% of the late sums under damages,

besides the interests corresponding to the statutory rate into force at the time known as.

 

Penalty clause: If the recovery of the debt involves the intervention of our contentious service, this one is raised contractually of 10% on all the which had sums, to cover the overheads                contentious.

 

If these 10% do not cover the entirety of the generated fees invoices with ACMODE, the complement will be requested from the customer.

 

Any incident of payment on the part of the purchasers makes immediately exigible totality from the sums which had even not fallen without another opinion and obliges the restitution at company ACMODE of the entirety of stocks to height of the sums due.

 

Our conditions of sale cease applying if, at the time of a preceding order, the purchaser withdrew himself from his obligations.

 

ACMODE reserves faculty then to suspend or cancel the orders and the services in progress without notice, allowance or damage of any other recourse.

A refusal to sell will be then validly opposite, unless the purchaser provides satisfactory guarantees or a cash payment.

In this last case, it is specified that no handing-over will be granted.

 

 

 

ARTICLE 14 - RESERVE GUARANTEED PROPERTY AND RESPONSIBILITIES

 

 

The articles manufactured or resold by ACMODE remain our property until the integral regulation of the invoice.

The titles of regulation will thus be worth payment only after their total and final cashing (law of the 25/01/85).

 

Guarantee - Responsibilities

 

The user recognizes that, except for information, of the products or the clearly identified services as provided by ACMODE, ACMODE does not manage, does not control and endorses any information nor none products, contents or services on the site, in some manner that it either.

 

ACMODE is not responsible for the failures and delays which are the fact of the telecommunication networks or the fact of an emergency such as definite previously or the fact of others, or resulting from the use by the user of equipment not adapted to the characteristics of site ACMODE.

 

 

One or more “cookies” will be placed on the hard drive of the computer of the user, so in particular making it possible to ACMODE to admit the User when it is connected to the service, to facilitate management, and with fine statistics (consulted pages, date and hour of the consultations, etc). The User authorizes the their use and installation of “cookies” by the Company. The User is informed of the possibility of being opposed to the installation of “cookies”, in particular on Internet Explorer and Netscape Navigator. 

 

 

 

ARTICLE 15 - DELIVERIES 

 

 

DELIVERY AND PRICE

The products are delivered intended for delivery which you indicated during the creation of your account and confirmed during the process of order.

The expenses of delivery defined on site ACMODE are indicative and likely to be different according to the tariff services from our partners and with the load from the customers, private individuals like professionals.

 

After confirmation of order and perfect payment of the price of the ordered products, ACMODE is committed dispatching with its customer the products ordered intended for delivery within a time in conformity with that announced or modified with agreement during the ordering.

 

On the assumption that the customer would wish that the ordered Products be delivered at two distinct addresses, it will be appropriate that this last places 2 distinct Orders.

 

The delivery will be carried out by La Poste Suivi or colissimo or carrier according to the nature of the order and the agreements concluded with the customer.

Transport will be the integral responsibility of the customer, that is to say with a carrier of his choice or a carrier chosen by ACMODE.

Their palletization expressly required by the customer will be able to involve a surfacturation.

The delivered goods are those available during forwarding.

 

For reasons of availability of the ordered Products, the same order could be the subject of several successive deliveries to the customer.

The articles ordered at company ACMODE, will be delivered as soon as possible and without the customer being able to claim any allowance for the delays of delivery.

The articles travel to the risks and dangers of the recipient.

 

Within the framework of delivery of creations in special order or limited editions of private individuals:

 

ACMODE will make its best efforts so that the order is dispatched within average 10 business days as from the day following that of the cashing of the payment of the order.

This time can be re-examined the fall or upwards according to the order.

The products are delivered to the address indicated by the customer.

The delivery periods indicated are after treatment and manufacture of the order and formulated in business days.

These deadlines are those posted by the Post office (normally guaranteed 48 hours for the Metropolitan France).

These deadlines can beings opposed by strikes, problems of export, customs modifications and other external problems for which ACMODE could not be held responsible, or by all other engineering problems independent of our will.

In this case, the purchaser will be informed by it by ACMODE.

 

Any non-deliverable parcel will be turned over to us.

ACMODE reserves the right to require the expenses to proceed to a new sending.

 

If a parcel is stray at the time of the routing by La Poste, we will wait until the parcel is declared “lost” by the post office and will treat the files on a case-by-case basis.

In the event of absence of the recipient or a person being able to take to possession of the products during the delivery the carrier a transit advice note inviting will deposit the recipient to come to withdraw his product in a post office indicated.

ACMODE could not be held responsible for a possible deterioration of the products because of their late withdrawal near the carrier.

 

If the customer does not withdraw his parcel at the post office within a period of 15 days and that this one comes in return to ACMODE, the carriage costs for forwarding will be required and it will not be possible at all to cancel the order and to ask any refunding.

 

The Customer is responsible for the relative information to the name and addresses of the recipient.

These mentions must be precise, exact, and complete (in particular code of door and stage) to allow a delivery under the normal conditions.

ACMODE will not be able to in no case to be held responsible for a return of delivery due to an error of address or an impossibility of delivering to the address indicated.

If an address of delivery would be incomplete or vague, ACMODE reserves the right to contact the recipient by telephone directly, in order to supplement with him missing information of delivery in measurement the phone number would not be erroneous and the recipient available.

The orders indicating an address out of post office box could not be considered and treated.

 

In there case of professional customers, the delivery period will be heard with the customer on a case-by-case basis according to the files of each one.

 

 

 

ARTICLE 16 - MAJOR FORCE 

 

 

The execution by ACMODE of whole or part of its obligations will be suspended in the event of supervening of a fortuitous occurence or of major force which would obstruct some or the execution would delay some.

The major force gets along of any external, unforeseeable and irresistible event within the meaning of article 1148 of the civil code.

In way express, are regarded as emergency situation or fortuitous occurence, in addition to those usually retained by the jurisprudence of the courses and French courts:

The all-out strikes or partial, riot, disturbs civil, insurrection, war, attacks, bad weather, epidemic, blocking of the means of transport or supply for some reason that it is, earthquake, fire, storm, flood, damage of water, governmental or legal restrictions, legal or lawful modifications of the shapes of marketing, breakdown of computer, blocking of telecommunications, including telecommunication networks and any other case independent of the will of the Parts preventing the normal execution of the contract.

 

 

In way express, are regarded as component in particular emergency situations, in addition to those usually retained by the legal tendencies and jurisprudence, the blocking of telecommunications, the blocking of Internet, the breakdown of the material diffusing the service and normally maintained, the fire, the damage of water, the blocking of the means of transport or supply, the all-out strike or partial… this list not being exhaustive and adapting to the circumstances of application as of these causes of major force.

 

 

 

ARTICLE 17 - COMPLAINTS INFORMATION LITIGATIONS ON DELIVERY

 

 

Any missing or deteriorated parcel must be the subject of reserves detailed on the receipt of the driver, reserves which must be confirmed by the customer in the 48 hours by mail recommended to the carrier.

 

The customer will have to check during the delivery the good state of the parcels and, in the event of damage or of missing product, will specify his reserves on the delivery order and will confirm them, in the 24 hours maximum after the delivery, by mail or e-mail nearby and of company ACMODE and by mail recommended AR addressed to the carrier him even (attention: the remarks of the type “under reserves or reserves of unpacking” are not valid juridically, it is necessary for you thus well to open and check the parcel).

 

By defect, except specified, all the deliveries are carried out rez some of roadway.

The deliveryman is not held to assemble your parcel in stage.

In the case or the option of delivery to the stage and/or assembly of the product will have been selected, one make telephone will have been caught by the carrier according to his internal processes of delivery so that it can be appropriate of an appointment of delivery.

 

During this phone interview, the customer will have imperatively to announce all difficulties of access or passage which the deliverymen would be suitable for meet.

The customer will have to check measurements of the passages of access of his residence in order to confirm to the carrier his accessibility with the ordered product.

In the event of false information, or taken the erroneous measurements taken by the customer, the additional expenses related to the hiring of elevators, storage or back from goods will be exclusively the responsibility of the customer.

All the additional expenses related to the hiring of elevators, storages or related to the absence of the customer (in violation of the commitments entered into at the time of the appointment) and risks of damage resulting from these constraints will be the responsibility of the customer.

In the event of impossibility of delivery the day of the appointment because of difficulties of access, passage difficult not announced beforehand by the customer or of absence of this one to make agreed with the carrier, of new expenses of reforwarding will have to be paid again to ACMODE.

In the event of delivery damaging a product ACMODE, the responsibility for the carrier is to be blamed by the particular or professional customer via his insurance, apart from any intervention of ACMODE if not that to make a certificate taking again that of its supplier attesting that product ACMODE left the buildings of the supplier in perfect state and this after a quality control of the supplier.

 

You should not thus in no case to throw the articles which could be useful for a later expert testimony on the part of a third and in particular of your insurer enjoining the carrier to refund you the value of the good.

 

 

 

ARTICLE 18 - COMPLAINTS LITIGATIONS ON RETURNS QUALITY

 

 

Complaints must be formulated at the latest a week after delivery and cannot be the subject of a return without the prior written agreement of ACMODE with indication of the return address by ACMODE.

 

The return is done with the expenses of the customer and the professional customer.

 

Limits with the right of retractation:

 

To in no case the use by the Customer of the right of retractation could not be abusive.

 

In any assumption, very produced turned over incomplete, damaged, used washed, damaged, deteriorated or dirtied will not be refunded or exchanged and this will be examined on a case-by-case basis.

 

 

Absence of right of retractation:

 

The right of retractation could not be exerted for the contracts enumerated with the L.121-20-2 article of the Code of consumption, and in particular with the supply agreements of goods made according to the specifications of the customer or definitely personalized or which, because of their nature, cannot be reforwarded or are likely to worsen or to expire quickly.

 

 

 

ARTICLE 19 - CONFORMITY

 

 

The traditional production of some of our products induced that dimensions (length X width X height) are indicative, and that weak variations cannot give place to complaint.

Visualization on photographs or data-processing document always does not make it possible to appreciate and restore fully the colors of the models and/or the matters

Moreover, the configurations of the data-processing stations and monitors can show to the purchaser some variations compared to reality, colors…

Consequently, the responsibility for ACMODE could not be committed because of a marginal nuance between the visualized colors ou/et matter and the colors ou/et matter of the product as delivered.

 

Any complaint under a nonconformity or an apparent defect will have to be formulated by registered letter with acknowledgement of delivery in the three days following the delivery of this one.

Failing this, it could not be taken into account.

Beyond the time indicated above, ACMODE will be held with no guarantee.

 

The photographs of the offered products by ACMODE are presented only as illustration and do not imply any guarantee

 

Consequently

- any possible modification can be brought by our company there

- ACMODE could not see its committed responsibility in the event of error in the representation of a product

 

Modification of the Service trader site ACMODE

 

ACMODE reserves the right, constantly, to modify, temporarily stop or in a permanent way whole or part of the Service trader site ACMODE, and this, without with you informing some beforehand.

ACMODE could not be held responsible with your opposition or any third to any modification, suspension or interruption of the Service.

 

 

 

ARTICLE 20 - RESPONSIBILITY ACMODE

 

 

The responsibility for ACMODE is limited to the direct and foreseeable damage being able to result from the use by the Customer of the delivered Products.

 

ACMODE cannot be held for person in charge of the damage of any nature, as well materials as immaterial or body, which could result from a faulty operation or misuse of the marketed Products.

It is the same for the possible modifications of the Products resulting from the manufacturers.

The estimates, texts, diagrams or photographs reproduced are not contractual.

Consequently, the responsibility for ACMODE could not be committed in the event of modifications or of error.

 

The customer states to have taken knowledge of the conditions of the intervention which are limited strictly to described work.

The customer will have to expressly inform the layer of all disorders, defects, nonconformities and more generally of all defects of which it is informed.

Any characteristic identified by the involving layer of complementary work or the modifications being able to be realized at the time of the intervention after agreement of the Customer will be invoiced with the time tariffs into force.

 

The company partner of ACMODE engages according to the files concerned in measurement of possible and except emergency situation:

- to contact our customers in the 3 working days following the transmission of the application for a job by ACMODE.

- to take an appointment closes with our customers to establish an estimate council.

- to establish prior to any possible intervention a precise estimate.

- to respect the estimated dates and times except emergency situation.

- to provide a work of quality conforms to the estimate and regulations in force.

- with the certainty of good end of work appearing in the estimate except emergency situation or change of opinion of the customers involving a delay in the end of the intervention of ACMODE and/or sound or its partners.

- to establish invoices in accordance with the laws and regulations in force.

- with being titular insurance policies covering the risks related to its activity.

 

The responsibility for ACMODE will be, in any event, limited to the amount of the order and could not be blamed for simple errors or omissions which could have remained despite everything the precautions taken in the presentation of the products.

In the event of difficulties in the application of this contract, the customer and ACMODE reserve the possibility, before any legal action, to seek a friendly solution.

The craftsmen or professional providing treat on their personal name and are responsible for their acts.

The installation of products by the providing partners of ACMODE starting from the catches of measurements taken by their care is guaranteed by our professionals providing.

 

Failing this, for the customers, the Bankruptcy court of Paris is only qualified, whatever the place of delivery and the accepted method of payment.

 

 

 

ARTICLE 21 - RESPONSIBILITY FOR THE CUSTOMER

 

You are only responsible for the choice and the purchase of goods or a service.

Consequently, total or partial impossibility to use the products in particular due to incompatibility of the material can give place to no compensation, refunding or blamed of the responsibility for ACMODE, except in the case of a proven latent defect, of nonconformity, defect.

ACMODE will not incur any responsibility for all consequential damages because of present, trading loss, loss of profit, loss on transactions on foreign currency, damage or expenses. 

 

 

 

ARTICLE 22 - INTELLECTUAL PROPERTY LAWS AND INDUSTRIAL

 

The whole of the elements published by ACMODE such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utility databases, software, and another technology under unclaimed is protected by the provisions of the Code of intellectual property and belong to ACMODE.

Mark ACMODE as well as the whole of the figurative marks or not and more generally all the other marks, illustrations, images and logotypes being reproduced on the articles, their accessories or their packing, which they are deposited or not, are and will remain the exclusive property of company ACMODE, except for the rights held on the visual ones of the products, marks and logos of the suppliers of the Products presented by ACMODE.

 

Any total or partial reproduction, modification or use of these marks, illustrations, images and logotypes, for some reason and on some support that it is, without express and prior agreement of company ACMODE, are strictly prohibited.

 

It is the same of any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo, except for the logos and of the descriptive signs belonging to marks of the partners of ACMODE.

The same will apply to all copyrights, designs and models, patents which are the property of company ACMODE.

The representation, the exploitation, the repeat broadcast, or the use with some title that it is, even partially, are subjected to the authorization express and precondition of titular ACMODE of the unit of the intellectual property laws.

Any other use of the models, drawings, logos, photographs, objects and images, such as reproduction, marketing, diffusion and edition by whoever is rigorously prohibited and constitutive of a counterfeit being able to be sanctioned by a penal court and civilly.

 

Protection of the site and property right of ACMODE

The whole of the contents of the site is protected by the legislation on the copyright.

The user can print or download images or parts of image of various zones of the site exclusively for his own use and to fine the noncommercial ones or of inspiration for any community project or pure copy under penalty of being assigned in front of the courts by ACMODE.

Any form of duplication, redistribution, retransmission or publication of any downloaded image is prohibited and the contravener exposes himself to legal proceedings. The user commits himself not to modify or be removing the marks included in the downloaded images of the site.

ACMODE remains owner of the whole of the elements relating to Site “ACMODE71.COM”

 

The brand ACMODE, domain name ACMODE71.COM and any other logo, visual, mark and services ACMODE are brands or rights deposited, property of ACMODE.

Without written authorization of ACMODE you commit yourselves not to use or be diffusing some manner that they are the brands and other rights belonging to this one.

 

You recognize and accept that the Service and any Software (hereafter called Logiciels) used necessarily in relation to the Service can contain confidential informations and protected by the intellectual property law in force or any other law.

Except expressly authorized for this purpose by ACMODE, you commit yourselves not to modify, rent, borrow, sell, distribute, or be creating derived works.

 

 

ARTICLE 23 - PUBLICITY

 

Any delivery of products involves, except duly notified adverse opinion, acceptance of reproduction of the model and the logotype in the commercial printed papers form of ACMODE and any support of communication of ACMODE (Internet site, plates, catalogues, flyers…).

 

The user has of a right of access, modification, correction and suppression of the data which concern you (Data-processing law “and Freedoms” Nº78-17 of January 16, 1978).

 

To exert this right, address your request by mail to:

 

ACMODE 71 (a) street Saint Charles 75015 PARIS

 

Any possible complaint will have to be sent by mail recommended with acknowledgement of delivery or by the form of contact the nº of declaration CNIL of site ACMODE is it:

 

 

The user recognize to have been informed that ACMODE can address proposals for a commercial order to him relating in particular to new products and/or promotions.

This last aim to satisfy the User while making him benefit from preferential conditions over given periods.

 

 

 

 

ARTICLE 24 - RESERVE PROPERTY 

 

This clause is famous being known of the purchaser as of the first order and for all the following ones, whatever is the transmission resource.

The salesman preserves the property of the goods until the integral payment of the invoice (law 80-335 of May 17, 1980).

 

Prohibition of transfer

You will not be able to yield your contractual rights to a third without the assent preliminary and written via a contract of transfer of ACMODE

 

 

ARTICLE 25 - DISABILITY PARTIAL - INDEPENDENCE OF THE CLAUSES

 

If one of these general terms of sale of ACMODE were to be declared inapplicable or is invalidated for any reason, this disability will not cause to involve the nullity of the other provisions of these conditions, that invalidated or considered to be inapplicable being then replaced by the provision nearest possible.

 

 

 

ARTICLE 26 - PROOF

 

It is expressly agreed that ACMODE and its customers can communicate between them by electronic way or telephone, for the needs for these general terms of sale.

Technical measures of safety are designed to ensure the data confidentiality exchanged.

 

The parts are appropriate that the e-mail exchanged between them proves legally and validly the content of their exchanges and, if necessary, their engagements, in particular with regard to the transmission and the acceptance of orders.

 

 

ARTICLE 27 - APPLICABLE LAW, ATTRIBUTION OF JURISDICTION

 

The present general terms are controls exclusively by the French law.

In the event of litigation, ACMODE is committed seeking a friendly solution with its customers.

If this one could not be found, you will be able to address a mail recommended to us.

Any litigation likely to result from the interpretation or the execution of these general terms of sale and its continuations will be carried in front of the courts of competent jurisdiction.

For the professional only, any dispute falls within the competence of the Bankruptcy court of Paris will be only qualified for any litigation or different.

For the private individuals, any dispute concerns the court of competent jurisdiction.

Election of residence and jurisdiction: The election of residence is made by the company vendor at her head office.

In the event of dispute relating to the fulfilment of a sale contract or to the payment of the price, like in the event of litigation relating to the interpretation or the execution of the clauses and the conditions indicated above, the Bankruptcy court of Paris will be only qualified whatever the place of delivery, the method of payment accepted and even in the event of call in guarantee or of the plurality of defendants.

Except special and written conventions, any order automatically carries on the part of the purchaser, his adhesion with our general terms of sale, without taking account of any contrary stipulation appearing in its own general terms of purchase.

 

 

 

ARTICLE 28 - SERVICE CUSTOMERS

 

All information requests and/or complaints can be presented to our company:

 

- by postal mail addressed to the head office, 71 (a) street Saint Charles, 75015 PARIS

- by e-mail addressed to the following address: acmode71@gmail.com

- by telephone to the 06 99 07 36 99

 

ARTICLE 29 - ELECTRONIC FILES AND PROTECTION OF PRIVACY

 

ACMODE constitutes through its activities an electronic file which counts certain data in personal matter relative to its customers in order to make it possible to follow their order and to address information and requests to them related to commercial on the assumption that the customer would agree to it expressly.

The information requested to the customer and from the recipient, whose ACMODE is only recipient, is strictly necessary for the treatment and the good execution of the orders.

 

 

ARTICLE 30 ADDITIVE GENERAL TERMS OF SALE CONCERNING THE SERVICES OF GRAPHIC DESIGN AND SERVICES CONSULTING SUGGESTED BY ACMODE

 

Concerning the services of graphic design and services of consulting suggested by ACMODE, conditions enumerated Ci above are valid except those whose object is identical and whose contents will be even supplemented replaced by the conditions which follow.

 

Come to be added the specific clauses as follows:

 

Any element provided by the customer remains his property.

Any element modified by ACMODE and provided by the customer is the property of the customer with regard to the starting element, and the property of ACMODE with regard to the modifications made by ACMODE.

Any data-processing creation is put at the disposal of customer based on right of use.

It is interdict with the customer to copy or authorize the copy of the creation of the design, of the assemblies of images or all other produced or concept created by ACMODE.

The provision of data-processing creation by ACMODE with the customer does not cause the transfer of a intellectual right or property right.

The mention “Creation ACMODE” or “Design ACMODE” must be visible on each creation safe in the event of agreement of ACMODE, this resulting from a preliminary discussion between ACMODE and its customers.

ACMODE is committed providing as soon as possible the delivery of the orders carried out (the deadlines differ according to nature from the order) and is committed with all implementing for the satisfaction of the customer, but declines any responsibility in the event of major engineering problems which would make obstacle with the realization of the contract (attacks, wars, natural disasters, any emergency situation or causes prolonged cut of Internet network independent of our will).

Transmitted documents: to in no case ACMODE could not be held responsible for the loss of requested documents for the realization of the ordered services.

The customer is held to send only copies or documents without value of replacement by keeping the originals preciously.

ACMODE reserves the right to refuse any document, text or image, opposite with its ethics, the moralities or not in conformity with the legislation in force.

 

ACMODE reserves the right to modify its general terms of sale, its formulas and its tariffs constantly and without notice. These modifications will not affect any the contracts in progress.

ACMODE reserves the right to reflect without notice on its tariffs very new taxes or any increase with rate of existing taxes.

The invoices of services of graphic design and services of consulting are payable to a total value of 50% of the entire amount of the service to the signature from the estimate and 50% at the end of the service.

Any creation carried out by ACMODE remains the property of ACMODE to cashing of the payment in its globality.

Any sum not regulated in the deadlines, any delay of payment or very unpaid (in the event of return by the bank of the titles of payment for unpaid) of a sum which had by the customer will involve the immediate suspension of the services, while waiting for the regularization of the situation.

This suspension cannot constitute a cause of responsibility for ACMODE.

The customer will not be able to request an allowance from ACMODE because of suspension of his services following an incident of payment.

·              Payment by banking cheque: with the order of ACMODE and to send to the address:

               71 (a) street Saint Charles

               75015 Paris

               FRANCE

·              Payment by transfer: a bank account number will be sent to the customer on request.

 

For the execution of this contract, the parts respectively elect residence, ACMODE with the following address: 71 (a) street Saint Charles 75015 PARIS, the customer with the address indicated by his care at the time the signature of the purchase order, the estimate or the contract.

Any complaint of some kind that it is, to be valid, will have to arrive at the address: ACMODE 71 (a) street Saint Charles 75015 PARIS by registered letter with acknowledgement of delivery in the 7 days which follow the reception of the invoices.

At the end of this period, work and their conditions for implementation or regulation are regarded as definitively accepted.

This contract of services and services is subjected to the French law.

Any dispute relating to the conclusion, the execution and the interpretation of this contract unsolved by amicable agreement between the parts will be subjected to the jurisdiction of the Court of PARIS (75) whose competence is recognized expressly.

 

 

ARTICLE 31 - ACMODE MODIFICATIONS

 

The present conditions are indivisible and replace any previous version.

The fact for ACMODE of not making apply one of the provisions does not constitute an abandonment of this provision or related straight there.

ACMODE reserves the right to modify the methods of the service constantly and also reserves the possibility of modifying the present Conditions of use of the Service while placing notifications or bonds towards notifications directly placed on the Service.