General terms and conditions
In respect to business relations of all types between the firm APTONE SAS – KEYZTONE (the Vendor) and its Customers, the following General Terms and Conditions of business hold true in their legally valid versions, respectively.
Divergent conditions or general business practices of the Customer have no legal validity unless a written agreement has been negotiated elsewhere.
The act of placing an order implies the buyer’s full and unconditional acceptance of the general business conditions, to the exclusion of all other documents, such as business brochures or catalogues issued by the Vendor, which have only an indicative value.
Should the Vendor at any given moment choose not to impose one or more of the general business conditions, this does not imply that he renounces his right to impose these same conditions at a later date.
The firm APTONE SAS – KEYZTONE reserves the right to deny the promised service subsequent to determining that the goods are no longer available:
- after contractual settlement
- although a corresponding hedging transaction has been concluded.
In such a case, the Customer will be notified. All reciprocations and considerations of any kind provided by the Customer beforehand will be reimbursed without delay. The Vendor and the Customer can agree together on the delivery of a product of identical size and quality to the product initially ordered by the buyer.
Unless stated otherwise, prices shown in the Two notes Store exclude taxes or charges (“Taxes”) that may apply to your purchase. Prices shown in the Store also exclude delivery costs.
Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs.
Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.
The contractual language is French, the Vendor accepts the payment in Euros and US dollars.
Forwarding and delivery deadline
The time limit for forwarding the goods is to be understood as exclusive of the transport time and the day of the week. In the case of payment per bank transfer the order will first be handled upon receipt of payment. Therefore the given deadline goes into effect the moment the transfer has been received and subsequently can change depending on the day of the order.
In case of a foreseeable prolongation of the forwarding time, the Vendor will undertake to compensate for this by informing the Customer as soon as possible and via all channels so that he can decide whether to maintain the order or cancel it either partially or wholly.
The time of delivery can in no way result in damage causing a disadvantage to the Customer or renderer of service. Should this time limit be exceeded, the Customer will be informed per e-mail. In this case and as long as the product has not yet been dispatched, the Customer has the possibility to demand a refund in the form of a credit note (voucher), which will be credited to his account within the following 48 hours. This credit note is valid for one year from the date of issue. If the Customer decides to receive a refund, the amount will be refunded within the following 15 days per bank transfer.
The shipping cost is calculated according to the weight and volume of the parcel and quoted prior to the final confirmation of the order.
The payment of the ordered articles from the internet site of APTONE SAS – KEYZTONE goes into effect directly upon ordering and according to the Customer’s preference:
SSL-secured credit card payment
The payment per credit card is processed through the security system of the bank LCL, which employs the SSL protocol (Secure Socket Layer) so that the relayed information is codified by means of a software system and no third party has access to it. The Customer should note that the Vendor has no access to the credit card data to ensure the perfect safety of the transaction. No credit card data is stored on the Vendor website.
PayPal is a faster, safer way to pay and get paid online. The service allows members to send money without sharing financial information, with the flexibility to pay using their account balances, bank accounts or credit cards.
The Customer should refer to PayPal FAQ to learn more about it: https://www.paypal.com/
Due Dates and Payment Conditions
Invoices sent by the Vendor – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay.
The Vendor reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The Customer bears the banking fees.
Should the Customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of 10% + applicable standard French interest rate for the period of delinquency. In the event the Vendor is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
Warranties and claim for damages
APTONE SAS – KEYZTONE provides 2 (two) years guarantee for all damages arising during the guarantee period, provided that such damages were caused by a material deficiency or manufacturing error.
- Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the Customer or by a third party not authorized by the Vendor, are not protected by warranty.
- Naturally occurring signs of wear are equally excluded from warranty protection.
- Should the Customer accept the goods or commissioned wares despite prior knowledge of deficiencies, warranty rights only exist to the extent described below, if the Customer reserves these rights expressly and in written form directly after having received the delivery.
- Warranty claims arising from transportation damages may only be enforced by the Customer if the formalities in accordance with Art. 4 have been fulfilled. The warranty period extends to 24 months for new articles. The period begins subsequent to the passage of risk in accordance with French Consumer Code Law. The warranty period extends to 12 months for used articles.
Otherwise, warranty formalities are carried out in congruence with the usual legal regulations according to the French Consumer Code Law.
The Vendor is liable for damages arising from other causes than the detriment to life, body and health only to the extent these have their basis in a premeditated act, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the Vendor or its legal proxies (e.g. its delivery service partners). Liability for compensation claims above and beyond this are excluded. The legal stipulations of French product liability laws have no application in such cases. Should a fundamental contractual obligation indeed be violated in a negligent manner, the liability of the Vendor is limited to foreseeable damages alone.
Apart from any other information given by the Vendor, the product should return to :
APTONE SAS – KEYZTONE
Bâtiment Fogale / 125 Rue de l’Hostellerie
Non-professional customers, natural persons, benefit from a withdrawal period of thirty days from the receipt of their order to return the product to the seller for exchange or refund without penalty.
The products must be returned to us in their original packaging and in perfect condition, accompanied by all accessories and possible instructions. The return costs are the responsibility of the customer. Items returned incomplete, damaged, used or soiled cannot be taken back, and will be returned at the customer’s expense.
Refunds are made in two ways, at the customer’s choice:
- Either a credit for a future purchase.
- Or a refund in the form of a bank transfer.
Shipping costs incurred by the customer are not covered by the refund policy refunded
Special case: Consumables / Games / Media…
In accordance with the provisions in force, we will not accept the withdrawal on the supply of goods made to the consumer’s specifications, on the supply of audio or video recordings or computer software or consumables when they have been unsealed by the consumer. Consumables will be replaced in case of manufacturing defect for 7 days. This possibility aside, these products are sold without warranty or liability even if the defect or loss is caused by negligence or error.
Reservation of Ownership
Until all payment responsibilities have been fulfilled by the Customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the Vendor.
The Customer is not authorised to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of the Vendor. Already now, the Customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between the Vendor and the Customer, including interest and any subsidiary demands to be brought against the Vendor. The Vendor accepts this relinquishment of rights.
In order to provide you suitable services, we may be led to ask you some personal data. The Vendor commits to respect your private life and protect the communicated information. In particular personal data is confidential, and it is treated as such. The Vendor collects personal information related to the User only for the requirements of the services proposed on the Site. On that account the Vendor commits expressly not to proceed to any treatment incompatible with the Site purpose, not to publish, disclose or transmit information concerning the User without prior agreement from him. In France, personal data is particularly protected by Law n° 78-87 of 6 January 1978, Law n° 2004-801 of 6 August 2004, the Article L.26-13 of Penal Code and the European Directive of 24 October 1995. No personal information related to the User of the Site is either collected or published in secret; neither exchanged, transferred, given way or sold on any media to a third party. The only case when the above-mentioned information would be transmitted is in the assumption the Vendor or one of its entities would be bought out together with its rights to a potential purchaser who would be at its turn bound with the same obligation concerning data safeguarding and modification against the User of Site. According to the provisions of Article 34 of Law n° 48-87 of 6 January 1978, the Customer disposes of access rights, rectification and modification of nominative data about himself collected while sending a postal standard mail to the next address:
APTONE SAS – KEYZTONE
Bâtiment Fogale / 125 Rue de l’Hostellerie
The Customer will have to indicate his name or corporate name, his physical and/or electronic contact information and if necessary, the reference he disposes of as member of the Site. The modification will take place in a reasonable timeframe as from the reception of the Customer’s mail. For any information related to protection of personal data, you may consult the site of Commission Informatique et Liberté (http://www.cnil.fr/)
Place of Execution and Place of Jurisdiction
The business contract existing between the Vendor and the Customer is subject to the law of France, subject to private international law provisions excluding the UN business Convention.
The place of execution for all services and products negotiated in business transactions with the Vendor is Nîmes, France, i.e. to the extent the Customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
The exclusive place of jurisdiction for any legal proceedings against APTONE SAS – KEYZTONE is Nîmes, France. The same holds true for legal action taken by APTONE SAS – KEYZTONE against its Customers, i.e. to the extent the Customer is a businessman or businesswoman, dealer, legal person from the public sector or special property of the public sector.
In addition, French law applies to these provisions. French law is also exclusively applicable when deliveries are made to Customers abroad.
If individual provisions of these General Terms & Conditions of Business become invalid, the remaining provisions stay in force.
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