Article 1 - GENERAL
The following articles define the general conditions of sale and
service of TEK8ACTITUD SL as part of its website www.tk8.fr
TEK8ACTITUD SL is a company incorporated under the Andorran law with
its registered office at Carrer Creu Grossa Nบ 3 AD 500 Andorra la Vella
Andorra and registered with the Trade and Companies Register in Andorra under
the number:
Intracommunity number: FR 13 750 382 947
SIRET: 750 382 947 000 18
Article 2 - TERMINOLOGY
The services offered by TEK8ACTITUD SL on its website, namely the sale
of jumping stick products and accessories, each person wishing to benefit from
the services of TEK8ACTITUD SL and having fulfilled the general conditions
provided for in Article 4 will hereinafter be referred to as a " customer
", each company having mandated TEK8ACTITUD SL to sell a product belonging
to it on its website will be called a" supplier ", each order made by
a customer under the conditions provided hereinafter will be called" the
order ".
Article 3 - DESCRIPTION OF THE PRODUCTS
The descriptions of the products offered by TEK8ACTITUD SL on its website
are, within the limits of the information provided by the suppliers of jumping
sticks and accessories, exact. However, the information mentioned on each
product sheet, as well as their photo, is given only as an indication, if errors
are introduced, the responsibility of TEK8ACTITUD SL can not be engaged. The
latter undertakes to make its best efforts to correct errors or omissions as
soon as possible after being informed. Any customer has a right of return of 7
days, as defined in article 9 of the present general conditions of sale, in
case of non-conformity of the sold products to their fact sheet or because of
the erroneous nature of the information contained in this one.
All the visuals on the website of TEK8ACTITUD SL have no contractual
value.
Article 4 - ORDER AND PRICE
Customers can order in two ways:
- On the Internet: www.tk8.fr
- By telephone, from Monday to Friday, from 10 am to 1 pm and from 3 pm
to 7 pm, at 00 376 344 960 Customers guarantee that they are fully authorized
to use the credit card and that this credit card gives access to sufficient
funds to cover all costs resulting from the use of the Services of TEK8ACTITUD
SL Only the persons legally able to subscribe for the goods and services
offered on the website can order on the site www.tk8.fr
By clicking on "Finish my order" button during the ordering
process, the customer declares to accept fully and without reserve the entirety
of these General Conditions of Sale.
The data recorded by TEK8ACTITUD SL is proof of all transactions
between TEK8ACTITUD SL and its customers.
The contractual information will be the subject of a confirmation
containing this contractual information at the latest at the time of delivery.
The prices of our products are indicated all taxes included and except
participation in the costs of processing and shipping.
TEK8ACTITUD SL reserves the right to modify its prices at any time, but
the products will be invoiced on the basis of the rates in effect at the time
of the registration of the orders (subject to availability).
TEK8ACTITUD SL reserves the right to refuse any order from a customer
with whom there is a dispute.
The products sold and shipped by TEK8ACTITUD SL remain the full
property of our company until payment of the invoice.
Article 5 - AVAILABILITY
TEK8ACTITUD SL will do its utmost to process all orders, within the
limit of available stocks.
In case of unavailability of product after placing the order, the
customer will be informed by email or telephone of the delivery of a partial
order or the cancellation of his order. A product substitution may be proposed
to the customer, often by telephone; in case of absence, an email will be sent.
It will then have 48 working hours (excluding weekends and public holidays) to
request the cancellation or dispatch on special terms (partial delivery or with
a substitute product) of its order by contacting our Sales Department at next
[email protected] After 48 working hours and if no demand was found on the part of the
customer, the partial order will leave our warehouses.
If the debit has already occurred at the time of the information given
on the unavailability of the product, a request for reimbursement of the sums
committed is made: an email is then sent to the customer on this subject.
Following this request, the period for which the bank account is credited is 30
days.
The displayed time for items to be replenished is an average lead time
announced by the manufacturer and may be subject to change without notice by
the manufacturer. In this case, you will be notified by e-mail or by telephone
of the modification of the deadline
Article 6 - PAYMENT
Payment of the purchases is made by credit card. Credit cards accepted
are: Blue card, Visa, Eurocard and Master Card. The bank account of the
customer will be debited and considered effective after confirmation of their
agreement of the centers of bank payment. If the bank is refused, the order
will be automatically canceled.
Article 7 - SECURITY
The tk8.fr website is the object of one of the most efficient security
systems at the moment. Thus only the bank has confidential information (card
number, validity date) that are inaccessible by a third party.
Article 8 - DELIVERY
The products will be sent to the delivery address that the buyer has
indicated during the ordering process. The participation in the processing and
shipping costs included taxes.
When shipping a complete order, TEK8ACTITUD SL provides an original
invoice including delivery charges and VAT.
The company TEK8ACTITUD SL reserves the right to modify at any time and
without notice the choice of the mode of transport and the carrier according to
the quantity of articles ordered.
In case of difficulty encountered during delivery, the customer must
inform the company TEK8ACTITUD SL by e-mail at the address [email protected]
DELIVERY
In case of absence at the time of delivery, at the address indicated by
the customer, a notice of transit is normally deposited in the mailbox: it is
then possible to withdraw the parcel within 15 days following the filing of
this notice . In order to optimize the delivery, we thank the customer for
mentioning an address to which the order can be delivered during working hours.
The shipping time is indicated on the website for each product. It
corresponds to the period before shipment of the order and is expressed in
working days.
Unless otherwise stipulated, the products are shipped within the
above-mentioned deadlines, when the order is placed.
The delivery times correspond to the processing and delivery times,
which are themselves calculated according to the date of receipt of the goods,
date communicated by the supplier. These times also vary by destination and do
not include holidays and weekends.
However, in the event of exceedance exceeding 15 days, the customer
will have 60 days from the date indicated for delivery to exercise his right of
denunciation in accordance with the law of 18 January 1992.
As from the exercise of the right of denunciation, TEK8ACTITUD SL makes
a refund within 30 working days.
In the case of a partial delivery, this right will concern only the
undelivered balance of the order. Each delivery is deemed to have been made as
soon as the product has been made available to the customer by the carrier,
materialized by the control system used by the carrier. It is the
responsibility of the consignee to verify shipments on arrival and to make any
reservations and claims which appear justified, or even to refuse the parcel,
if it is likely to have been opened or if it bears obvious traces of
deterioration. The said reservations and claims must be addressed to the
carrier by registered letter with acknowledgment of receipt within three
working days following the delivery of the products, a copy must be addressed
to TEK8ACTITUD SL. If the products delivered are not in conformity in kind or
in quality with the specifications indicated in the delivery note, the customer
must, within 8 days after delivery, file his complaints under penalty of
forfeiture.
In case of delay, breakage or missing, the customer can contact our
Customer Service by : [email protected]
Lost Package: When a parcel leaves the warehouses of TEK8ACTITUD SL, it
can be transported by:
La Poste DPD (In Colissimo
Followed by signature)
Another carrier (GLS or other)
In the case of a Colissimo Suivi shipment, it takes 2 to 5 working days
to be delivered or to receive a notice of passage in the mailbox.
From the time of the filing of the notice of passage in the customer's
mailbox, the client has 15 days to withdraw it. If this period is exceeded, the
package will be returned to TEK8ACTITUD SL. It will be up to the customer to
contact TEK8ACTITUD SL for a possible redirection or a refund of the order
(excluding postage).
However, if 5 working days after the parcel is dispatched, the customer
has no news of his order, he must approach the Post office closest to the place
of delivery indicated on the parcel.
If neither the Post Office nor the tracking of packages indicate that
they have a trace of this package, the customer must then contact TK8ACTITUD SL
via [email protected]
The Customer Service department of TEK8ACTITUD SL will then initiate a
survey with the postal services. The customer will then receive an email
stating that an investigation is open. Swiss Post's definitive response time
varies from one to three weeks, from sending the email to the customer.
If the parcel is found, it is then sent to the customer: the
reception procedure then follows its normal course (deposit of the parcel or
notice of transit, etc.)
If the package is declared lost (the final reply is often made within
the maximum deadline of three weeks), TEK8ACTITUD SL then informs the customer
and immediately commits the reimbursement of the Package
DELIVERY BY CARRIER
TEK8ACTITUD SL delivers parcels throughout France, as well as to
certain countries of the European Union (please consult us for the list of
countries served).
DELIVERIES ARE ON THE WORKING DAYS FROM MONDAY TO FRIDAY.
In the same way as La Poste, the carrier files a notice of passage in
the mailbox in case of absence, you will have to contact TEK8ACTITUD SL using
[email protected] for a new delivery.
We ask you to fill in your details correctly and completely so that it
can contact you easily, the mobile number in one of the main reasons.
CAUTION VERY IMPORTANT
Please check that the number of packages on the receipt is equal to the
number of packages you receive. If you receive a pallet, the receipt must
indicate the number of parcels making up the pallet. If your package or pallet
is damaged, please check or refuse them. They have been prepared with care and
must not have any opening, tearing or traces of shocks. If this is the case,
please open them in the presence of the driver and check their contents. Then
write your specific reservations on the transport bill presented to you by the
driver.
It is important to also check the contents of the cartons and therefore
to open the goods in front of the delivery person.
The verification of the condition of your product is deemed to have
taken place upon acceptance of the package.
For example :
Parcel damaged, received xx / xx / xxxx, notification of damage.
Please confirm these reservations by registered post, within 3 days at
the latest, to the carrier whose address appears on the receipt and send us a
copy by fax to the following number: 00 376 344 960 or [email protected]
Warning: the words "subject to unpacking or checking" are not
recognized as precise reservations. No dispute will be taken into account in
the light of reservations formulated in this way.
We inform you that if this procedure is not followed to the letter, we
will NOT take your complaint into consideration.
Article 9 - RETRACTATION
In order to facilitate the processing of the refund, any return must be
authorized in advance by TEK8ACTITUD SL You must therefore inform TK8ACTITUD SL
at mail address: [email protected]
The return will be made to the following address, unless otherwise
specified:
Name: NAGRUP FRANCE
Address: 23 AVENUE DE ST GUILLAN
Postal code: 31620
City: CASTELNAU D ESTRETEFONDS
The customer exercises his right of withdrawal in accordance with the
article L 121-20 of the Code of the Consumption within the period of 14 days
that starts from the reception of the goods. This right is exercised by
returning the product to TEK8ACTITUD SL only the shipping costs remaining the
responsibility of the customer. The refund to the customer will be made by
check, or transfer within 30 days from receipt of the goods by TEK8ACTITUD SL,
following the exercise of the right of withdrawal.
The right of withdrawal is also exercised at the time of the order and
before the logistical treatment of the package. In this case, the order is
simply canceled and we inform our bank.
No refunds will be accepted for any reason.
This right of withdrawal can never be used if the delivered products
have clearly been used for a long time (beyond a few minutes). The products
must imperatively be returned properly protected, in their original packaging,
in a perfect state of resale (not damaged, damaged or soiled by the customer)
accompanied by any accessories, operating instructions and documentation at the
address above accompanied by the original sales invoice, of which the customer
shall retain a copy. Parcels for which there is no attachment identifying the
sender (order number, mail, name, surname, address) may not be taken back.
The costs and risks associated with the return of the product are borne
by the sender. The return of the products will give rise to a refund equal to
the purchase price of the product (s) purchased. The refund therefore does not
include any delivery charges.
Article 10 - GUARANTEE
In case of products that do not comply with the information given
during the presentation of the products on the site or with latent defects,
they will be replaced or refunded according to the availability of similar
products and the wishes of the customer.
TEK8ACTITUD SL must be informed by email or telephone within 48 hours.
The return of the products must be made within 7 days, the date indicated on
the delivery note of the date of delivery.
All warranties are excluded in the event of defects and damage arising
from external events, accidents, including electrical accidents, wear and tear,
installation and use not in accordance with the Supplier's instructions.
Also excluded from the warranty are products modified, repaired,
integrated or added by the customer or any other person not authorized by the
Supplier. The warranty shall not apply to the apparent defects and defects of
conformity of the product for which any complaint must be made by the customer
within 7 days of delivery of the products under penalty of forfeiture. The
warranty will not cover products damaged during transport or misuse.
The provisions of this Article shall not preclude the legal guarantee for
hidden defects, as defined in articles 1641 et seq. Of the Civil Code, where
the product is sold to a consumer or a non-professional.
Any return must be authorized in advance by TEK8ACTITUD SL with the
assignment of a return number. The customer must therefore make the request to
[email protected] After written acceptance of TEK8ACTITUD SL
The product must be returned in its original packaging and in perfect
condition for reconditioning. Any product that has been damaged, or whose
original packaging has been damaged, will not be refunded or exchanged. In
particular, a product whose packaging has been deteriorated during the return
can not be accepted. The refund will be made by bank transfer within 30 days.
The transport costs incurred by the return may be covered by
TEK8ACTITUD SL under certain conditions.
For any inquiry or question, the customer can contact TEK8ACTITUD SL
Customer Service by means of a contact mail, [email protected]
Article 11 - INTELLECTUAL PROPERTY
All texts, comments, books, illustrations and images reproduced on the
TK8.fr site are reserved under copyright and intellectual property rights and
for the whole world. As such, and in accordance with the provisions of the
Intellectual Property Code, only use for private use subject to different or
even more restrictive provisions of the intellectual property code. Any other
use constitutes infringement and sanctioned under the Intellectual Property
without prior authorization of TEK8ACTITUD SL
Any total or partial reproduction of the catalog of TEK8ACTITUD SL is
strictly forbidden.
Article 12 - TECHNICAL CHARACTERISTICS AND SAFETY
Our products are designed exclusively for private and family use.
Articles intended for use by children are the responsibility of the parents.
These products are intended for private use and can under no circumstances be
used by communities or spaces open to the public. For products for professional
and collective use, please consult us at [email protected]
Article 13 - LIABILITY - DISPUTES - APPLICABLE LAW
The photographs and the texts reproduced and illustrating the products
presented are not contractual. Consequently, the responsibility of TEK8ACTITUD
SL can not be committed in case of error in one of these photographs or one of
these texts.
TEK8ACTITUD SL can not be held liable for damages of any kind, whether
material or immaterial or corporeal, which could result from a malfunction or
misuse of the products marketed. The same applies to any changes in products
resulting from suppliers.
The responsibility of TEK8ACTITUD SL will in any event be limited to
the amount of the order and can not be called into question for simple errors
or omissions which could have subsisted despite all the precautions taken in
the presentation of the products.
TEK8ACTITUD SL can not be held liable to any customer or third party
for any indirect damage, loss of use, profit or turnover in any way whatsoever,
even if such damage or loss or prejudice was foreseeable by TEK8ACTITUD SL, or
if its eventuality had been brought to its attention.
Without limiting the foregoing, the liability of TEK8ACTITUD SL under
these terms and conditions shall not exceed an amount equal to the sums paid or
payable in the transaction giving rise to said liability, regardless of the cause
or form of the action concerned.
TEK8ACTITUD SL can not be held responsible for the non-performance of
the contract concluded in case of stock shortage or unavailability of the
product, force majeure, disturbance or strike total or partial especially postal
services and means of transport and / or communications, flood, fire.
In the event of a dispute, the customer will first contact TEK8ACTITUD
SL to obtain an amicable solution. Otherwise, the Courts of Andorra shall have
exclusive jurisdiction, regardless of the place of delivery and the methods of
payment accepted.
These general terms and conditions of sale in French will be executed
and interpreted in accordance with Andorran law. Any dispute which may arise in
connection with its validity, interpretation or execution shall be submitted to
the Courts of Andorra, to which it is expressly conferred exclusive
jurisdiction
Article 14 - LIABILITY - DISPUTES - APPLICABLE LAW
TEK8ACTITUD SL undertakes not to disclose to third parties the
information communicated by the customers on the site. These are confidential.
They will be used by its internal services only for the processing of your
order and to reinforce and personalize the communication in particular by the
letters / emails of information as well as in the framework of the
personalization of the site according to the preferences found of the users.
TEK8ACTITUD SL does not sell, sell or rent to third parties information
about its customers. We may decide to do so in the future with suppliers and service
providers of TEK8ACTITUD SL for the direct and related requirements of the
execution of the sales contracts that we conclude with our customers. They are
allowed to oppose it by sending us an email to [email protected] (if customers use
different email addresses to place their orders, they are asked to send us a
message to from each of the email addresses they provided).
In the event of the transfer or use by third parties of personal data,
TEK8ACTITUD SL undertakes in advance to inform the user in order to enable him
to exercise his right to object.
TEK8ACTITUD SL may also provide consolidated statistics relating to its
customers, sales, trade patterns and information about the site to trusted
third parties, but these statistics will not contain any personal data.
This Article shall not prevent the transfer or transfer of activities
to a third party. Consequently, in accordance with the Data Protection Act of 6
January 1978, the customer can exercise his right of access to the file and his
right to rectify or delete information concerning him by sending his request
(including email address, name , first name, postal address), by visiting
tk8.fr, on [email protected] or by mail at the following address:
TEK8ACTITUD SL
Edifici Vilar
C/Creu Grossa Nบ 3
AD 500 Andorra la Vella
ANDORRA
Article 15 - LIABILITY - DISPUTES - APPLICABLE LAW
TEK8ACTITUD SL reserves the right to modify the general conditions of
sale. Customers who do not wish contractual relations to be governed by the new
version of the general conditions of sale must notify it and, from the date on
which the new version takes effect, they shall cease to use the services from
TEK8ACTITUD SL
Should any of the terms of the general conditions of sale be deemed
illegal or unenforceable by a court decision, the other provisions shall remain
in force.
APPLICATION
OF WARRANTY CONDITIONS - TK8
1 TRANSPORTATION
The equipment, whatever the method of
invoicing, travels at the risks and perils of the recipient. It is the
responsibility of the final customer to check it on arrival, to make within 48
hours all the necessary reserves, written and dated with the carrier and, if
necessary, to exercise any recourse against it.
Our company cannot
take into account any objections or reservations relating to quantity, quality
or characteristics that have not been formulated in writing at the reception.
2 WARRANTY
The starting point of this guarantee is the day
of our invoice, and its duration is 1 year.
The guarantee cannot be used if the appliances
have been used abnormally and have been used under conditions of use other than
those for which they were built.
For example, if users have a weight higher than
recommended. It will not apply in case of deterioration or accident caused by
negligence, lack of maintenance, failure to observe instructions for use, or
due to a transformation of the equipment, alteration of the product carried out
by a third party, dilapidation, significant deformation of the tube due to
impact or normal wear and tear. It does not apply to the shoe, grips, painting
or stickers.
In order to benefit from the guarantee against
hidden defects, the following conditions must be met: - the defect or defect
affecting the property must be serious; it must prevent normal use of the
product or diminish its properties to such an extent that the buyer would not
have bought it or offered a lower price if it had known it; - the defect or
defect affecting the property must be hidden; it must not be detectable at the
time of sale despite the usual verifications. Conversely, the seller is not
liable for apparent defects, that is to say those which a person of average
diligence would have discovered by carrying out elementary verifications; - the
defect or defect affecting the property must be prior to the sale even if it
has subsequently manifested itself, it must not be the consequence of a misuse
of the product by the buyer.
Any dispute regarding the conformity of the
products must be notified in writing to the Company. We will have the
possibility to check the products on the spot or to request their return, which
cannot be decided unilaterally by the buyer.
After
agreeing on the actual defects, it will be agreed: a) either to replace
defective products or parts free of charge, b) to provide free of charge
similar products, c) to repair or product.
In case of
return of the product, the cost of transport from the buyer's home, up to TK8
(TK8 / Dimotrans, 15 avenue Saint Guillan, 31620 Castelnau d'Estrefonds,
France) wil be at the charge of the Buyer. This replacement cannot extend the
original warranty date.
3 -
LIMITATION OF LIABILITY
Our company
cannot be held responsible for the direct or indirect consequences of the
defect on both the persons and the property.
4 -
CONFIDENTIALITY
Our Company
will make every effort to maintain the confidentiality of the information
provided to us by our client.
5 - FORCE
MAJEURE
Our Company
cannot be held responsible for the non-fulfillment of its obligations in case
of force majeure.
6 -
MISCELLANEOUS
6- 1 The
nullity of any part of the provisions of these general conditions of sale shall
not affect the validity of the other conditions.
6- 2 The
non-application by our Company or by the customer of the rights specified in
these general conditions of sale cannot constitute a renunciation of these
rights.
7 - APPLICABLE LAW /
COMPETENT TRIBUNALS
Any dispute
relating to a sale will be submitted to the court of the registered office of
our Company.