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ARTICLE 1 - ACCEPTANCE OF THE PRESENT GENERAL CONDITIONSThe present general conditions apply to the sales of products on dekkade.com site. These general conditions of sale specify in particular the conditions of order, payment, delivery and management of the possible returns of products ordered by the customers.
The fact of placing order on dekkade.com for one or several products and of choosing and of validating a method of payment during the process of order involves the preliminary consultation of the present general conditions and the support automatic, irrevocable and without reserve of the customer on the present general conditions of sale.
Consequently, the customer recognizes to be perfectly informed about the fact that his agreement concerning the contents of the present general conditions does not require the handwritten signature of this document, as far as the customer wishes to order on-line the presented products.
No particular conditions can, except formal and written acceptance of Dekkade, to prevail over these general conditions of sale.
Dekkade is entitled to modify at any time and without preliminary opinion, the present general conditions, as well as the conditions in payment, of guarantee and of commitment of the responsibility.
Dekkade recommends to you a regular check of its Web site and our present general conditions. The contracts spent with the previous general conditions remain however unchanged.
ARTICLE 2 – PRICES
The prices of our products are indicated clearly in Euro TTC, except contribution to costs of treatment and expedition.
The possible expenses of delivery are chargeable to the customer and are charged in supplement of the sale price of products and possibly services. The expenses of delivery are variable according to the number and to the type of ordered products, the amount of the order and the total weight of the order.
The customer will always be informed before the definitive recording of his order of the expenses of delivery bound to his order, and the payment will be asked to the customer for the total amount of the purchase. So, the choice and the validation of a means of payment by the customer involves that this last one agrees to pay the relative expenses of delivery. The expenses of delivery cannot thus constitute a valid ground of questioning of the order after its definitive recording.
Other currencies posted on the site are only as a rough guide and can't serve as transactional currency.
Dekkade makes its deliveries exclusively in the various countries of the European Community, French Overseas Departments and French Overseas Territories.
In case of expedition outside metropolitan France, the buyer becomes the importer and he will have to deal personally with the payment of the customs duties, local taxes, the import duties or the taxes of state susceptible to be due. These rights and taxes do not recover within the competence of Dekkade. They will be chargeable to the buyer and raise from his full responsibility both in term of statements and from payments in the authorities and the competent bodies of its country. We advise him to inquire about these aspects with his local authorities.
In case of expedition on French Overseas Departments and French Overseas Territories, the prices will be calculated exclusive of tax automatically on invoice. All the orders, whatever is their origin, are payable in Euro.
Dekkade reserves the right to modify its prices at any time but products will be charged on the basis of the current price lists at the time of the recording of the orders subject to availability.
ARTICLE 3 – ORDERS & VALIDATION
The contractual information is presented in French language and will be the object of a confirmation resuming this same information at the latest at the time of the delivery.
The information seized by the buyer during his order commits him: in case of error in the description of the address and coordinates of the addressee, the salesman could not to be held for responsible of the impossibility in which it would turn out to deliver one or several products.
By validating at the end of the process of order, the buyers recognize to have acquainted and accepts the completeness of the present General Conditions of Sale completely and without reserve.
The data registered by Dekkade constitute the proof of all the transactions concluded between our company and his customer.
The data registered by E-Transaction of the Crédit Agricole constitute the proof of the financial transactions.
ARTICLE 4 – REGLEMENTATION
Some products proposed on the dekkade.com site are subjected to the French regulations of weapons.
All our products are freely sold (with some limitations, in particular in sale to the minors) and are subjected to no particular statement.
Weapons on D category
Are classified in this category any object which can present a danger for the law and order, as for example:
• Bayonets, sword-bayonets, daggers, knives-daggers, Baseball bat, puzzles (headaches), cane-Sword, Leaded cane and railroads (except those who are leaded only at the end).
• Crossbows, Japanese plagues, Shuriken, American fists, professional catapult, hypodermic projectors.
• Belong also to this category some Pepper Sprays and some Spray Flashlights
Our Pepper Sprays least of 100ml (15ml, 25ml, 40ml, 45ml, 50ml, 63 ml, Pens Teargas) do not enter to the category of the weapons of category 6, you can thus buy them and transports them freely.
As regards on Expandable Batons and some Stun Guns, these products are freely sold to the major persons. Their regime is free and they are not subjected to statements, however their transport is forbidden without justifiable motive.
By validating at the end of the ordering process, the buyer agrees to be major and accepts all of these present General Conditions of Sale completely and without reserve.
The validation of the order by one of our payment methods available on our website is proof of the majority of the buyer.
In the case of a delivery address different from the buyer and in case of doubt on customer majority, Dekkade may, for a maximum deadline of three days as from the order, ask the customer to provide the evidence of its age (+ of 18 years) by the sending by e-mail of a copy of its National ID card of current validity so that this command is considered as acceptable.
ARTICLE 5 – AVAILABILITY
Our offers of products are proposed while stocks last. For the products that we don't have in stock ourselves, our offers are valid subject to availability at our suppliers.
The information concerning the availability of products is supplied to the buyer at the time of his order. The icons of state of our stocks indicate for you the duration of these deadlines:
- In Stock : available Products in our stocks - Delivery deadline from 48 hours till 72 hours.
- In Resupplying : Products in order at our suppliers - Delivery deadline from 3 Days to 21 Days.
- In Break : Products in wait of resupplying at our suppliers - unknown Delivery deadline.
- Exhausted: Not orderable products, very often definitively exhausted at our suppliers.
For states "In Stock", "In Resupplying", and "Exhausted", we shall inform you about precise deadline after interrogation of our supplier. We cannot be held for responsible of gap from deadline due to the non compliance with the commitment of the supplier. All this information is only indicative because they are reloaded only once a day, after the shipping of the day.
In case of unavailability of a product, the buyer will be informed by e-mail as soon as possible. It will be suggested to him then either cancelling his order, then either exchange its order by writing in: firstname.lastname@example.org
ARTICLE 6 – CONDITIONS OF DELIVERY
Articles bought on the dekkade.com site are available in Metropolitan France, in Europe, in FRENCH OVERSEAS DEPARTMENT, FRENCH OVERSEAS TERRITORY and in International Country (USA, Canada,...) according to the legislation of the country of the buyer importer. (Cf article 2).
All our deliveries are made by La Poste in "Colissimo Followed Standard and Recommended with signature" or Mondial Relay in a relay point chosen at the time of your order. You can follow the progress of your package on the website of the Post Office www.laposte.fr or on the Mondial Relay website www.mondialrelay.fr
The announced delivery deadlines are the observed average deadlines. These deadlines start as from the treatment of your order by our logistic service, any order in stock was ordering and settled before 11 am will being treated and sent that very day. According to the law Hamon, we indicate you that the deadline of delivery maximum is of 30 days after reception of your payment. Of express convention a delay in delivery can't be called for a cancellation of order or refusal of delivery and don't give rise to no penalty or damages.
Postal charges vary according to one or several ordered products, to their weight, to their volume, to the carrier and to the place of delivery. At the time of placing your order, the exact price will be indicated.
To note that the delivery deadlines may be modified according to the availability of articles, in case of shortage of stock or an unusual delay, Dekkade makes a commitment to warn the buyer by e-mail.
Dekkade saves himself the possibility of splitting the deliveries, the postal charges being charged only one only one time.
Articles are delivered by post to the delivery address indicated by the buyer during his order.
The goods travel at the risks of the customer; it is up to this last one to verify the state of the parcel, during the delivery, and to formulate the reserves if necessary in the Post office by registered letter in three days following reception of the parcel (art. 105 of the commercial law).
Do not forget to warn us in parallel by a mail to which it will be advisable to join a copy of the letter of complaint sent by the Post office.
In the case of a loss of parcel during the transport, the deadlines of investigation can vary and take of one in five weeks.
ARTICLE 7 – PAYMENT
The payment of purchases is made: either by bank card (Visa, Eurocard, Master's degree Card, American Express), or by bank transfer.
In case of order by bank transfer, expenses are chargeable to the customer.
Any order the payment of which is not made within 10 days as from the order cannot be any more considered as valid, except preliminary agreement with customer services.
In case of order by bank card, the copy of an official document of identity both sides (with photo) of the customer will be demanded for any order of an amount equal or upper to 500 euro TTC.
The transactions made on the dekkade.com site are secured by the system of payment of the Bank Crédit Agricole: E-Transactions.
When the customer seizes his banking coordinates, he is directly in contact with the server of payment of the Bank Crédit Agricole. Dekkade doesn't know the number of the bank card of his customer and this one is not stored in his server.
Besides, all the information which are exchanged with the Bank Crédit Agricole is coded thanks to the protocol SSL and cannot be intercepted or modified.
With E-Transactions, the buyer has the guarantee that Dekkade is referenced with the Bank Crédit Agricole to collect transactions on Internet.
At the end of the transaction, and before returning on dekkade.com, E-Transactions presents to the buyer an electronic ticket, resuming all the elements of the payment and the result of the request of banking authorization (Accepted or Cancelled transaction).
The account of the customer is then cashed upon the on-line validation of the order.
In case of non-payment, in particular because of the refusal of the bank to honor the payment or because of an opposition made by the customer on the payment, and it, before or after the conclusion of the transaction, Dekkade may cancel the sale as of right without opinion nor deadline and may, where necessary, to require at the expense of the customer the return of products. Dekkade specifically reserves the right to refuse to make a delivery or to honor a order emanating from a customer who would not have paid totally or partially a previous order or with whom a dispute would be in the course of administration.
Products remain the property of Dekkade up to the complete payment of the price.
ARTICLE 8 – GUARANTEES
The products of an amount upper to 30€ HT are guaranteed 6 months and 3 months for the products of an amount lower than 30€ HT. The effect of our guarantee is strictly limited to the replacement of parts presenting a sharply established manufacturing defect. The date of guarantee is the one of the delivery or the provision.
The parts or devices damaged during the transport are excluded from the guarantee or following surge of electric or atmospheric origin. The damage was caused by a misuse of the material or a lack of maintenance, any transformation or modification of the materials, will entail the cessation of the guarantee.
The transport costs round trip in our services live chargeable to the customer as well as the expenses of intervention and travel if necessary. Piles and batteries are not guaranteed.
On no account, the product on which a defective part will be to change cannot be replaced and its fixed immobilization cannot give the right to compensation whatever is the cause.
ARTICLE 9 – CLAIMS AND RIGHT OF RETRACTION
In the conditions planned by the article L121-16 of the code of the consumption and within the framework of the remote sale, the buyer has a cooling-off period of 14 true days as from the delivery of his order which will be paid off to him against return of the delivered products. Products must be sent back in their original packing and to your expenses. Dekkade will accept however the exchange and the repayment of the products only if all and each of the following conditions are filled:
- The return of products must be made for the deadlines prescribed to the first paragraph of this article, the date appearing on the being valid delivery slips.
- The products must have returned with their intact original packing.
- Products must not have been used in a excessive way or not in compliance with the use for which they were intended, and in a general way, products have to be in a good state of presentation and functioning.
- Any return by post will have to be made by registered mail with acknowledgement of receipt, otherwise the consideration of the loss of products during the transport of return cannot take place.
- Everything produces which will have been damaged, or whose original packing will have been damaged, will be neither paid off nor will exchange. Products must not have been unsealed, so that the customer can benefit from the right of retraction.
Dekkade reserves the right to determine honesty if all these conditions is filled. In reception of products sent back by the customer, Dekkade will send by e-mail, a confirmation of reception of products.
The exchange will be made automatically, according to your request, and one or several replacing products will be sent to you at our expenses.
In case of repayment, he can be made by check, by bank transfer or by bank card on the account which will have initially been used to the payment of the product by the customer, within 14 days maximum after the sending of the confirmation of reception of the product to the customer. Expenses and relative risks on the return to a product are in the exclusive responsibility of the customer.
Always to contact us beforehand by e-mail email@example.com for to obtain an agreement of return as well as the address of the place of return.
Attention, any article sent back without number of return will systematically be refused.
From 15 days, the cancellations and returns of products can be made only with our consent. The expenses by resulting are supported by the customer. For cancellations of order, will be applied an expense of 10 % for management fees with a 15€ minimum. For the returns of products will be applied an expense of 10 % for verification and 5 % for restockage.
Set-up fees for the returned products are 15 euro HT. The validity of our assets or too much perceived is of six months.
Spent this deadline the assets or too much perceived becomes void. We do not make repayment. The amount of assets is deducted from the future orders.
ARTICLE 10 – PROPERTIES AND RESPONSIBILITIES
The proposed articles on sale on the site dekkade.com are in accordance with the current French legislation.
The responsibility of Dekkade cannot to be committed in case of non compliance with the legislation of the country where products are delivered (cf article 2). It is up to the buyer to verify with the local authorities of its country of the possibilities of import or use of articles which he orders.
We decline any responsibility as regards the harmful consequences which can result from the use of our products.
The pictures illustrating products presented on the dekkade.com site are not contractual. Accordingly, the responsibility of Dekkade cannot to be committed in case of error in one of these illustrations or pictures.
All the texts, the comments, the works, the illustrations and the images reproduced on the dekkade.com site are in conformance with copyright as well as in conformance with the intellectual property and this for the whole world.
As such and in conformance with the code of the intellectual property, only the use for a private usage (subject to different measures even more restrictive of the code of the intellectual property) is authorized.
Quite other use is essential of imitation and sanctioned in conformance with the Intellectual property except prior authorization of Dekkade.
Dekkade cannot to be held for responsible of the non-fulfilment of the contract concluded in case of shortage of stock or unavailability of the product, the force majeure, the disturbance or the all-out or partial strike in particular postal services and means of transportation andor communications, flood, fire.
Dekkade don't have any responsibility in case the contents of the accessible sites since hypertext links sending back towards other sites that the dekkade.com site would violate the current legal and statutory requirements.
ARTICLE 11 – PROPERTY RESERVES
In application of the law of May 12th, 1980, ownership transfer of the goods delivered to the buyer will intervene only after complete payment of the price in integral and accessory or some accepted drafts for the purposes of payment of the price. During period passing by of the delivery in ownership transfer, the risks of loss, theft or destruction are chargeable to the buyer. The non-fulfilment by the buyer of its obligations for payment, whatever the reason, confers to the salesman the right to require the immediate return of the goods delivered to expenses, risks and dangers of the buyer.
The buyer makes a commitment, in the case of a procedure of receivership affecting his company, to participate actively in the establishment of an inventory of the goods being in his stocks and the salesman of which claims the property.
In defect, the salesman has the faculty to make notice the inventory by bailiff at the expense of the buyer. The salesman can forbid the buyer to proceed to the resale, the transformation or the incorporation of the goods in case of delay in payment.
To guarantee the not yet made payments in particular the balance of the account of the buyer in the writings of the salesman, it is expressly stipulated that the rights relative to the delivered but unpaid goods will report on the identical goods from the salesman in stock at the buyer, without that it is necessary need to impute payments on a sale or a definite delivery.
ARTICLE 12 – DATA PROTECTION ACT
According to data protection acts of January 6th, 1978, the dekkade.com site is registered with the C.N.I.L. (Décl. N°being recorded).
Dekkade makes a commitment not to reveal in third parties the information that his customer communicates him, those this are considered as confidential, and they are used by the internal services only for the treatment of its order.
According to data protection acts of January 6th, 1978, the customer has a right of access, rectification and opposition to the particulars concerning him.
For that purpose, he just must to make the request directly by e-mail in firstname.lastname@example.org
ARTICLE 13 – APPLICABLE LAW AND COMPETENT JURISDICTION
The present contract is subjected to the French law. The language of the present contract is the French language.
With the exception of the physical persons for whom the competent courts will be determined by the capacities of the code of civil procedure, in case of dispute, only the following French courts will be competent:
- Commercial court of Dijon for the commercial business between companies.
- Magistrates court of Dijon for the commercial disputes with the private individuals.