The website www.urban-circus.fr is published by Flash-Tech Ind., a simplified joint stock company with variable capital, whose registered office is located at 123, rue de Lonchamp, Paris (75116), registered at the Parisian RCS (Register of Commerce and Societies) under the number 814 449 336, intra-Community VAT number FR 82814449336.
I – APPLICATION OF GENERAL CONDITIONS OF SALE
The general conditions of sale detailed below apply to all orders for products and services placed via the Site (“www.urban-circus.fr”) from Flash-Tech Ind. by any person (the “Customer”).
The Customer must take knowledge of the GCS (General Conditions of Sale) prior to any order (the “Order”), the GCS being available on the Site and accessible on all the pages of the site in the footer of the page under the heading “Terms & Conditions”.
Flash-Tech Ind. Reserves the right to adapt or modify at any time these GCS. The version of the General Terms and Conditions applicable to any sale appearing online on the site www.urban-circus.fr at the time of the Order. Accordingly, placing an Order requires full and prior unconditional acceptance of such GCS by the Customer.
II – TERMS OF SERVICE
Any access and / or use of the site www.urban-circus.fr implies the respect of all the provisions of the present general conditions and their acceptance. They therefore constitute a contract between Flash-Tech Ind. and the User / Customer.
Purchases of Products on the site are reserved for natural persons with full legal capacity. The Site does not allow the purchase of products for resale.
References such as “us” or “us” in these Terms refer to Flash-Tech Ind., And any reference to “you” or “your” means you as a User or Customer of the Website.
III – PLACE AN ORDER
You can place an order on our website www.urban-circus.fr 24/24 and 7/7.
The order process consists of four (4) successive steps.
Once your choice of Products has been made (size, color, quantity, even length), and your cart validated, you must:
- Identify yourself by providing your contact information.
- Choose your delivery method: at your home or at a relay point.
- Choose your method of payment.
- Accept the general conditions of sale before validation of your order, ticking the box provided for this purpose
The order taking on the Site is subject to compliance with the procedure set up on the site (www.urabn-circus.eu) including successive steps such as the essential characteristics of the products, the quantities, the delivery address, Invoicing, price, price, total amount of the order with the shipping costs and culminating in the validation of the Order.
The Customer may select as many Products as he wishes, which will be added to the cart (the “Cart”). The Cart summarizes the Products selected by the Customer, as well as the prices and the related costs. The Customer may freely modify the Cart before validation of his Order acceptance of the GCS, the Products purchased, their price and the associated costs.
A confirmation email summarizing the Order (products, prices, product availability, quantity …) will be sent to the Customer by Flash-Tech Ind. To this end, the Customer formally accepts the use of e-mail for confirmation by the Flash-Tech Ind. of the content of its Order.
The means at your disposal to withdraw from an order are described in the article “right of withdrawal”.
IV – REFUSAL TO PROCESS ORDER
Flash-Tech Ind. reserves the right to withdraw any Product posted on the Site at any time and to replace or modify any content or information contained on the Site. Despite the best efforts of Flash-Tech Ind. in order to satisfy the expectations of its customers, it may be necessary for the latter to refuse to process an order after having sent to the Customer the confirmation email summarizing the Order.
Flash-Tech Ind. can not be held liable to the Client or any third party for the decision to remove a Product from the Site or for the decision to replace or modify any content or information contained on this Site or the refusal To process an Order after sending the confirmation email summarizing the Order.
V – PRODUCTS
The products offered for sale are those described on the Site on the date of the consultation of the Site by the Customer, within the limit of available stocks. These indications are automatically updated in real time. However, an error in the update, regardless of its origin, is not the responsibility of Flash-Tech Ind.
Flash-Tech Ind. brings the utmost care in the presentation and description of these products to best satisfy the Customer’s information. However, errors may appear on the Site, which the Customer acknowledges and accepts.
VI – PRICES AND PAYMENT METHODS
The prices of the products are indicated on the Site in euros, all taxes included except participation in the shipping costs. The total price of the Order (including all taxes and shipping) is indicated in the Cart.
All prices displayed are calculated value added tax (VAT) applicable in France included, which may vary according to the billing country. Flash-Tech Ind. reserves the right to modify its prices at any time but the products will be invoiced on the basis of the tariffs in force at the time of the registration of the order, subject to availability.
For sales outside the European Union, customs clearance, payment of various duties or taxes are the responsibility of the Customer.
Payment is due immediately on the date of the order. You can make payment by credit card, bank check payable to SAS Flash-Tech Ind., cards issued by banks domiciled outside France must be international bank cards (Eurocard, Mastercard, Visa).
Payment by bank check is only possible for checks in euros drawn on a bank domiciled in France.
Payment via payment platform such as Paypal, PayPlug or Lydia is highly secure and corresponds to a payment by standard online credit card.
VII – DELIVERY
Flash-Tech Ind. (Or the Site) offers a free shipping service for any shipment over 50€ purchase. But you can also contact us and pick up your orders in our Parisian Office located at 123 rue de Longchamp, 75116, Paris.
Deliveries are provided by the services of La Poste, Mondial Relay, UPS, DHL or ChronoPost, from Monday to Friday. It takes 1 week on average to receive your packages.
Delivery refers to the transfer to the Customer of the physical possession of the Products (the “Delivery”).
When Flash-Tech Ind. send a Product the risk of loss or deterioration of this Product is transferred to the Customer (or to a third party designated by the Customer).
As an exception, the risk is transferred to the Customer upon delivery of the Product to the carrier, when the carrier has been chosen by the Customer and not by Flash-Tech Ind.
The Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Client, a natural person of his choice or a legal person (delivery to his company). Delivery can not be made in hotels or mailboxes.
Should the delivery be impossible, Flash-Tech Ind. endeavors to find a secure place to drop the Product. Failing this, the Product is returned to the Flash-Tech Ind.
Flash-Tech Ind. delivers the Orders within a maximum of 12 (twelve) working days for a Delivery in Metropolitan France and 20 (twenty) working days for an International Delivery, this period being counted from the day after the validation of the Order. In order to comply with these deadlines, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as: street, building, staircase, Access, names and / or intercom numbers, etc.).
Flash-Tech Ind. Shall not be liable for any delay in delivery that is not due to it or is justified by force majeure (as defined below).
In the event that the delivery period is exceeded, the Customer may request cancellation of the sale and obtain, within a maximum period of 14 (fourteen) days of its request, the reimbursement of the sums paid in connection with the Order. Notwithstanding the foregoing, Flash-Tech Ind. can not be held responsible for the damaging consequences resulting from a delay of routing, only the reimbursement of the Product by Flash-Tech Ind. being possible to the exclusion of any other form of compensation.
VIII – REFUNDS AND RETURNS
Any non-professional consumer has a right of withdrawal. A withdrawal form is available upon receipt of the Products by the Client or can be downloaded.
This right is exercised within 14 (fourteen) days (beginning on the day of receipt of the Products) by means of the retraction form attached to the order and also available on the Site in PDF format. It must be returned to Flash-Tech Ind. and the Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. Beyond this period of 14 (fourteen) days, the sale is firm and final.
Repayment is subject to the condition that Flash-Tech Ind. recovered the Products originally delivered. Unless otherwise agreed by Customer, Flash-Tech Ind. shall make the refund using the same means of payment as that used for the transaction.
The shipping costs relating to the return of the Products are the responsibility of the Customer unless the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
IX – WARRANTIES – LIMITATION OF LIABILITY
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, except for the guarantees provided for by the french law:
L.211-4 of the Consumer Code: The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of issue.
It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.
L.211-5 of the Consumer Code: To comply with the contract, the property must:
1. Be fit for the customary use of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or a model;
– present the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
L.211-12 of the Consumer Code: Action resulting from lack of conformity is prescribed by two years from the issue of the goods.
Art. 1641 of the Civil Code: The seller is liable for the hidden defects of the thing sold which make it unsuitable for the use for which it is intended, or which so diminishes this use that the buyer would not have acquired it , Or would have given a lesser price if he had known them.
Art. 1648 of the Civil Code: The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect
In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year after the date on which the seller can be discharged from apparent vices or apparent defects.
L.211-16 of the Consumer Code: where the buyer asks the seller, during the course of the commercial guarantee given to him during the acquisition or repair of movable property, to remedy Covered by the guarantee, any period of immobilisation of at least seven days is in addition to the remaining warranty period. This period shall run from the buyer’s request to intervene or the making available for repair of the goods in question, if the supply is subsequent to the request for intervention.
Flash-Tech Ind. Is obliged to deliver Products in conformity with the contractual provisions. The Products shall be deemed to be in conformity with the contractual provisions if the following conditions are met: (i) they shall conform to the description and have the characteristics set out on the Site; (ii) they must be adapted for the purposes for which such products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, Flash-Tech Ind. Warrants to consumers the defects of conformity and hidden defects for the Products for sale on the Site under the following conditions:
The presence of an apparent defect on a Product must give rise to a complaint by e-mail [email@example.com] within three working days following the Delivery. Any complaint must state the defect in question. Failing this, no complaint is admissible, and no return or exchange is possible. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, with the references of the Initial Order and copy of the complaint to the head office of Flash-Tech Ind., After the sending of an e-mail signaling the apparent defect of the Product referred to above. Cases of apparent defect confirmed by Flash-Tech Ind. Give rise to the content of the Customer’s claim either to the establishment of an asset for the benefit of the Customer or to the replacement of the Product or to the pure reimbursement of the Price to the Customer within 14 days. In the event of non-compliance with the return procedure, no exchange or refund or credit is possible.
Noncompliance – Hidden Defect
Subject to validation of a non-conformance or a vice-hidden by Flash-Tech Ind. or the manufacturer as the case may be, the Customer shall benefit from the following guarantees:
– the legal guarantee of conformity which allows him to obtain, within two years from the issue of the Product and without charge, repair or replacement of the product if it does not comply with the Order. This warranty covers product and packaging defects. Flash-Tech Ind. May proceed with the replacement of the Non-Conforming Product. If the replacement is impossible within one month of the complaint or if the Customer sends the reasoned request, the Customer may request the reimbursement of the price of the Product.
– the legal warranty of hidden defects, under which the Customer may request, within two years from the discovery of the defect, the reimbursement of a Product which has proved unsuitable for its use.
The guarantee of hidden defects allows the Customer to be protected from the hidden defects of the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have bought it.
The Customer then has the choice between two options: to keep the Product and to request a reduction of the price, or to return the Product and to request the reimbursement of the price paid.
In case of an event of force majeure preventing the execution of the present GCS, Flash-Tech Ind. informs the Customer within fifteen (15) days of the occurrence of this event by mail or registered letter with acknowledgment of receipt. Expressly, force majeure or unforeseeable circumstances, in addition to those usually adopted by the jurisprudence of the French courts, are considered as total or partial strikes, lock-outs, riots, boycotts or other industrial actions or disputes Civil strife, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for whatever reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, Legal or regulatory restrictions on forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended throughout the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the transaction concerned may be terminated at the request of Flash-Tech Ind. or the Customer without compensation on either side. Failure to pay by the Customer can not be justified by a case of force majeure.
X – PARTIAL INVALIDITY
If one or more of the provisions of these Terms & Conditions are held to be invalid or declared to be invalid or unenforceable under a law, regulation or as a result of a final decision of a court of competent jurisdiction, And their scope.
XI – NO WAIVER
No tolerance, inaction or inertia of Flash-Tech Ind. shall not be construed as a waiver of its rights under the GCS.
XII – APPLICABLE LAW – COMPETENT JURISDICTION
The sale of the Products is subject to French law. In the event of a dispute, the Customer and Flash-Tech Ind. may resort to conventional mediation. Any dispute concerning the interpretation of the GCS, the execution or the breach of a sale, is submitted, in the absence of amicable agreement, to the courts legally competent.