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PREAMBULE
The anonymous society TSF (hereafter designed as ‘the supplier’), Anonymous Society with a capital worth 2 440 000 €, n°TVA FR.93 389 471 517 whose head office is located at 9, rue des fillettes 93454 La Plaine St Denis registered in the name of Bobigny’s RCS under the number 389 471 517, edits and manages the electronic business website accessible on the website www.cineboutique.fr (hereafter named ‘CINE BOUTIQUE’ or the ‘website’) selling articles frequently used for film shootings.
The Supplier puts on the website an ordering system accessible to the Customers who are essentially cinema professionals.
Article 1: The scopes of application and modification of the general conditions of sale.
The general conditions of sale presented herein (hereafter ‘general conditions of sale’) apply, without any restriction or retention for all the products offered for sale by the company TSF on its website www.cineboutique.fr.
The sales are exclusively submitted to the general conditions of sale presented here that prevail over any other condition, in particular the ones from the Customer.
Consequently, the fact that a legal or nature person, orders on the CINE BOUTIQUE website involves full acceptation of the general conditions of sale presented hereby. They are available at any moment on the website and will prevail, when appropriate, over any other version.
Unless proved otherwise, the data saved by the supplier constitute the proof of all transactions.
Article 2: Availability of the products.
The products offers and prices are available as long as they are presented on the website, within the limit of available product stock.
The information on the products availability are provided when ordering.
Any mistake made about the stock availability, whatever the origin, does not engage the Supplier’s responsibility.
If unavailable, the Supplier commits himself within 30 days from the order, either to deliver the ordered product, or to refund you.
Article 3: Orders validation and digital signature
The Customer picks on the website the products he wishes to order.
According to the law n°2000-230 march 2000 on the digital signature, any order form signed by the Customer by clicking on the ‘order’ button constitutes an irrevocable acceptance that can only be questioned within the specified limits of the general conditions of sale presented herein.
The click related to the procedure of authentication and of non-repudiation and to the protection of the messages integrity constitutes a digital signature. This digital signature between the parties is equivalent to a handwritten signature.
Article 4: Prices
The prices are displayed, on the website, in Euros. They do not include the processing fees, the shipment and transportation costs (hereafter named ‘Transportation costs’)
The payment is done in Euros. Any extra inherent to an order made in another currency shall be at the Customer’s expense.
The Supplier is allowed to change the prices at any time but agrees to apply the prices displayed at the time of your order.
The indicated price in the order confirmation by the supplier is final. The payment itself shall be considered done only after that the Supplier has received the effective encashment.
The products selling prices are before taxes (H.T.) and are guaranteed except when subject to a general modification of the French V.A.T. rate. Any change of this rate could be reflected in the selling prices.
The processing, the shipment and transportation fees are at the Customer’s expense and are charged in addition of the products price according to the amount of the order. The fee amount shall appear during the validation of the order by the Customer.
Article 5: V.A.T. and taxes
5.1 Metropolitan France delivery
The ordered products are subjected to the French V.A.T and include transportation fees.
5.2 Overseas delivery
Any order needing an overseas delivery is exempted from the metropolitan V.A.T. This exempt is on the products selling price and the transportation. The complete service shall be charged before tax. However, on the arrival of the package the Customer will be obliged to clear his goods by discharging the taxes on entry into the department or territory.
5.3 Delivery in the European UnionThe ordered products are subjected to the French V.A.T. and to the transportation costs if the Customer is an individual, if the Customer is a professional, he beneficiates from a tax removal on the products and transportation costs. However, on the arrival of the package the Customer will be obliged to clear his goods by discharging the taxes on entry into the department or territory.
5.4 Delivery outside the European Union The Customer beneficiates from a tax removal on the products and the transportation costs. The bill will be established excluding the French V.A.T. However, he Customer will be obliged to clear the duties and taxes on entry into the country and to assure beforehand, that the ordered products are allowed for import in the country.
Article 6: payment method and securing
The payment is securised and is done by credit card, bank cheque, paypal or bank transfer. Ordering by clicking on the ‘order’ button involves the acceptance, without any restriction or retention, of the general conditions of sale presented herein.
Unless proved otherwise, the data saved by the supplier constitute the proof of all the transations.
The payment is made on a protected website specialised in online payments.
The payment itself shall be considered done only after that the Supplier has received the effective encashment.
6.1 Securing
The details of the Customer’s credit card are encrypted thanks to the SSL protocol (Secure Socket Layer) and do not clearly appear on the server. The payment is directly made with a bank.
6.2 Default of payment
The Supplier shall not be obligated to ship the products ordered by the Customer if he does not pay the price in the terms and conditions stated above.
The Supplier has the right to refuse to make a shipment or delivery required by a Customer who would not have partly or completely paid a previous order or with whom there would be a payment dispute.
6.3 Fraud controls
The Supplier controls all of the orders that have been validated on his website. These controls aim to protect the Supplier from abusive practices realised by fraudsters. Under these procedures, the Supplier is allowed to ask the Customer all the necessary details to allow his order: proofs of address and debit under your name, etc… These requests are made by electronic mail.
Article 7: Order shipment, delivery time and shipping costs
The total delivery time (which includes the time of the computer processing of the order, the preparation, the shipment and the transit done by the carriers) is for reference only and cannot be assured.
The order is shipped uppon approval of the payment by credit card.
The products are shipped by mail, with colissimo, or with UPS according to the destination and are delivered at the address given by the Customer when he ordered on the website.
Transportation costs are calculated online.
The transit time is a guideline only, if is of 48h for the metropolitan France. For the European Union and abroad, it is of 5 to 9 working days according to the area and of 6 to 8 working days for FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES.
The Supplier engages himself to do his best to ship the products ordered by the Customer within the set target dates mentioned above.
The delivery is known to be done as soon as the Supplier transfers the ordered products to the carrier.
The Customer is bound to check the state of the products delivered. He has a (3) days period from the delivery date to make a claim in writing (by mail, electronic mail, fax), against the Supplier for non-conformity, apparent defect of the delivered products. After this period, the products will be considered compliant and free from apparent defect.
Article 8: Right of withdrawal and merchandises return
The unprofessional Customer disposes, according to the law of a 7 days long period of withdrawal from the date of delivery to return the products to the Supplier in order to change them or to get a refund, provided that the products are returned in their original package and in perfect condition within (30) days from the delivery.
It is however specified that video and audio recordings (CD, DVD) that have been unsealed cannot be returned (Article L121-20-2 of the Consumer code).
The returned products will be refunded after verification of their condition.
The return costs will exclusively be at the Customer’s expense.
The refund is either made by bank cheque payable to the Customer or by bank transfer.
Unless these conditions are observed, the products will not be refunded and will be returned at the Customer’s expense. The Customer is advised to contact the Supplier before starting a return procedure.
Article 9: Supplier’s responsibility- Guarantee
Any guarantee from the Supplier is excluded in the event of improper use, neglect or bad maintenance from the Customer, as in the event of normal wear and tear.
The products sold on the website are compliant with the current French regulation. The Supplier’s responsibility shall not be liable in case of disrespect of the country’s legislation where the products are delivered, which belongs to the Customer to check.
The pictures and illustrations presenting the products on the website do not have any contractual value and therefore would not hold the Supplier’s responsibility.
The Customer is the only one responsible for the choice of the products, for their conservation and their use.
The Supplier shall not be held responsible for any delay or non-execution due to the emergence of a case of force majeure usually recognised by French jurisprudence.
Article 10: Information Technology and Liberties law
According to the law n°78-17 of January, 6th 1978, it is recalled that the individual-related data asked to the Customer are necessary for his order process and for the Supplier’s internal use. These individual-related data can be transferred to third parties, partners of the Supplier. The Customer has a legal right to access, change, correct and to oppose the data concerning him.
