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Terms of sale

These terms and conditions (hereinafter the "Agreement") lineagiobastia.com (the "webSite") are concluded between

  1. one hand, SARL GIO2B, (hereinafter "LINEA GIO ", "We", "our" or "Seller"), whose details are as follows: 
    Company Name: GIO2B
    Banner: www.lineagiobastia.com 
    Head office: 23 rue césar campinchi 20200 Bastia France
    phone: 04.95.48.31.90 
    Legal form: S A R L 
    Capital: EURO 20000 
    VAT No.: FR 01497915223 
    SIRET NUMBER : 4979152230026
  2. MANAGER : Mr ERIC GIONA

2. And secondly, a non-trading individual residing in one of the territories mentioned in Article 1.3 below (hereinafter "the User" "You", "Your" or (s) "Customer (s) ") wishing to making or having made a purchase (hereinafter or" Command (s) ") as strictly personal and non commercial purpose, or professional association or resale or transfer for a fee or free, product or service sold by the Seller on the Site.

The Seller and the Customer are respectively designated "the Party" and jointly referred to as the Parties under this Agreement.

The Parties hereby agree that their relationship in connection with the preparation, conclusion and performance of any Order shall be governed by the Agreement entered into by the Client upon placing an Order as well as by the Terms and Conditions governing the Use of the Web Site which apply upon placing any Order and which shall be deemed to constitute, together with this Agreement, an single indivisible contractual governing the relationship between the Parties, to the exclusion of any previous version of contractual terms available on on the Web Site. Should any issue necessary to the performance or to the interpretation of this Agreement not be expressly mentioned in this Agreement, it shall be deemed to be governed by the rules and common practice which are applicable to distance sales companies based in France.

 

ARTICLE 1. Object, applicable law and territories

1.1. Object

This Agreement sets out the terms and conditions governing sales of the goods and services offered for sale by the Vendor on the Web Site, between the Vendor and the Client. This Agreement governs the conditions under which orders are placed, paid for, tracked and delivered, and where applicable, the warranties which may be applicable to Orders and the Client’s right to change his/her mind after placing an Order, in compliance with the terms of this Agreement and the provisions of the law governing this Agreement.

The Vendor shall be entitled to alter this Agreement at any moment. Any modification of this Agreement shall come into force as soon as published on the Web Site. Therefore, the Agreement which shall govern the relationship between the Parties shall be the version thereof which happens to be online at the time the Client places an Order and which is expressly accepted by the Client upon placing its Order.

1.2. Applicable law, settlement of disputes and language of this Agreement

The Web Site, this Agreement and any Orders which are placed through the Web Site, as well as the performance thereof, shall be governed by French law, as the law of the place where the Vendor is established and where the Web Site is operated from. Any dispute arising in connection with the interpretation or performance of this Agreement shall be governed by French law and placed under the jurisdiction of the courts of the place where the defendant is domiciled, or by the courts of the place where the goods were effectively delivered, at the defendant’s discretion.

This Agreement shall be available on the Web Site in both French and English. Should the French and English versions of this Agreement diverge or conflict in any way, and in general for the purposes of interpreting the terms of this Agreement, the Parties hereby agree that the French version of this Agreement shall prevail.

1.3. Territories

Any Order placed on the Web Site may only be validly concluded between the Vendor and a Client residing in any territory of European Union to which the Order must be both billed and delivered.

 

ARTICLE 2. ORDERS

2.1. The Client’s acceptance of this Agreement

The Client must read and expressly accept this Agreement prior to placing any Order on the Web Site. Clients shall be entitled to print out the Agreement which applies to their Order. When Clients are ready to finalize an Order, they may print out a summary statement of such Order.

2.2. The Vendor’s acceptance of the Order

Once the Vendor receives an Order placed by the Client, the Vendor shall send a detailed order acknowledgement message to the e-mail address designated by the Client stating the total amount being billed to the Client including all taxes, as well as the amount of VAT which is being charged and the delivery terms applicable to the Order. This order acknowledgement shall express the Vendor’s acceptance of the Order placed by the Client.

The Vendor shall however be entitled to cancel any Order placed by a Client with whom there is an outstanding dispute over payment or over the performance of a previous order, or for any other legitimate reason.

Any goods and their prices shall only apply to Orders placed by Clients as long as they are visible on the Web Site during the placing of an Order by a Client, subject to availability.

The Vendor undertakes to notify the Client by e-mail, should any goods or services turn out to be unavailable once an Order has been placed by the Client. In such case, the amount to be billed for the Client’s Order shall be recalculated and the Client shall only be debited for the new amount of the Order, i.e. not taking the value of the unavailable goods into account. Should all the goods ordered by the Client be unavailable, the Client shall be notified by e-mail and the value of the Order shall not be debited, the Order being cancelled outright instead. The Vendor’s cancellation of the Client’s order shall not give rise to any compensation for the Client based on the unavailability of the expected goods or services. The Client shall be free to place a new Order on the Web Site for other available goods.

 

ARTICLE 3. THE APPLICABLE PRICES OF THE GOODS

By placing an Order, the Client implies that he/she has accepted the prices and descriptions of the goods and services which are offered for sale on the Web Site.

The prices which are quoted next to each item offered for sale shall be shown in Euros (€); they shall be quoted including tax, but excluding shipping and delivery.

The Vendor shall be entitled to modify the sale prices of its goods and services at any moment in time. Should one or more taxes or compulsory levies be imposed or modified from time to time, whether upwards or downwards, the changes may be passed on as part of the sale price of the goods on offer on the Vendor’s Web Site.

However, the Vendor hereby pledges to charge the Client the prices and taxes indicated to the Client upon confirmation of its Order. Moreover, Clients shall be informed of the costs of shipping and delivering their Orders upon checking their shopping baskets and upon placing their Orders. Shipping costs are in euros, they are searchable and printable by this link Shipping costs

 

ARTICLE 4. TERMS OF PAYMENT

4.1. Payment currency

The currency used to pay for Orders shall be the Euro (€) in all the territories listed in article 1.3 above.

All the prices of the website include V.A.T(20 %)

4.2. Terms of payment

Clients may pay for their Orders online, by sending a check or by phone by using any of the following cards: Carte Bleue, Visa and Mastercard.

For any payment by check, products will be sent from reception and collection of this last one.

For any payment by credit card, the customer will have to provide their card number and expiration date, as well as the three last digits of the number shown on the reverse of their card.

4.2.1 Data processed by the Vendor

When paying for an Order, Clients provide the Vendor with an implied warranty that they have the requisite authorization to use the payment method they elected upon placing their Order. The confirmation of any given Order shall be subject to approval of the Client’s payment by the relevant electronic payment validation server. Should the Client’s bank reject the payment, the Order shall not be finalized and shall be cancelled. As part of the measures taken to prevent fraud over the Internet, the Vendor shall be entitled to transmit information concerning the Order and the Client’s payment method to a third party for verification purposes.

The Vendor shall check any Orders which have been validated on the Web Site in conjunction with the bank in charge of handling the electronic payments. Thus the Vendor may look into any Order whose delivery address is different from the Client’s billing address. In the course of doing so, the Vendor may ask the Client to provide further information and documents required for the Order to proceed: evidence of the fact that the Client and/or the person whose name was provided does indeed reside at the delivery address, the Client’s bank details, etc. These requests shall be forwarded to the Client either by e-mail or over the telephone.

The bank account linked to the payment method used by the Client shall be debited prior to the moment when the Client’s order is handed over to the logistics contractor in charge of delivering it. The Vendor shall be entitled to suspend or cancel any Order and/or any Delivery, whatever the nature or state of progress thereof, if any moneys due by the Client are not paid or if there are any other problems with the Client’s payment. Should a Client fail to pay or pay late for all or part of a previous Order, any subsequent Orders placed by the Client may be turned down and any pending deliveries for the Client may be suspended. The Vendor shall notify the Client of this situation.

4.2.2 Data processed by the bank handling the payments

For the purpose of ensuring the security, integrity and confidentiality of all payments made via the Web Site, the details of Clients’ bank cards shall be encrypted using the SSL (Secure Socket Layer) protocol while they transit over the Internet. No banking data concerning Clients shall ever transit via the Web Site itself. The Vendor shall not have access to this information and shall not retain it on its servers. Clients shall therefore be asked for their bank / payment details each time they place a new Order on the Site. Payments made by credit or debit card shall be handled directly by the bank in charge of processing electronic payments.

The data set out in the Order form shall be handled by Sogenactif, a French bank, under its sole responsibility, in order to authorize payment for the Order and analyze the banking transaction as part of the measures taken to combat credit card fraud.

Should any payment incident occur in connection with a fraudulent use of a bank card, the data set out on the corresponding Order form shall be recorded in a payment incident file kept by the bank. Any wrong or inaccurate declaration as well as any anomaly may also be dealt with specifically by the bank.

The Client’s account shall only be debited when the goods, assuming they are available, are dispatched. Should some of the goods be out of stock or otherwise unavailable, the Client’s account shall only be debited to the extent of the value of the goods which are effectively dispatched.

4.3 Custom

When ordering goods from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Client; The Vendor has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

 

ARTICLE 5. DELIVERY

For security reasons and in a bid to prevent bank card fraud, the billing address and delivery address of any given Order must be located within the same territory, which must also be one of the territories listed in article 1.3 above.

5.1. Delivery terms

The products ordered will be delivered by private carrier to the address specified by the customer upon confirmation of his Order. Delivery will be made in France.

Orders placed on Fridays, Saturdays, Sundays or holidays in France, will be processed starting Monday or next business day.

The delivery times are in business days and can vary depending on destination. Delivery times are usually :

France: 2-5 days business days

EU: 5-8 business days

Other areas: 10 to 12 business days

In the Email delivery that the customer receives when the order is validate, these delivery times are shown.

The delivery time may be longer than expected, although the Seller makes every effort to deliver the order within the time specified in the Email Delivery. If Seller can not comply with the deadline specified in the Email Delivery, it will notify the Customer as soon as possible and show him a new delivery date. If the delay would exceed seven days, the Customer may cancel his order within a period not exceeding 60 working days. If Customer has received the item ordered after his application for cancellation, the Seller will refund the ordered items as they become fully returned and this, in their original state.

5.2. Delivery tracking

Upon confirmation of an Order by the Vendor, an order tracking number shall be provided to the Client to enable the latter to track the progress of the delivery of his/her Order on the shipping company website.

 

ARTICLE 6. WARRANTIES

Goods which are sold via the Web Site may be exchanged or refunded under to the terms and conditions of this Agreement and subject to the applicable law of this Agreement.

6.1. The Client’s right to change his/her mind

In accordance with Directive 97/7/EC of the European Parliament and Council dated May 20, 1997 on the protection of consumers in respect of distance Contracts, and article L. 121-20 of the French Code de la consommation [Consumer Code], the Client shall have a period of 15(fifteen)days net as of the delivery date to change his/her mind and return at his/her own expense the goods which were ordered, requesting reimbursement for same.

The Client’s retraction of his/her order shall only be taken into consideration provided that the goods for which the Client is requesting reimbursement from the Vendor have been returned to the Vendor within the abovementioned timescale and in keeping with the terms and conditions which are set out in article 6.3 below. Should this be the case, the Vendor shall reimburse the Client by crediting the bank account used by the Client upon placing the Order, within a month of the date on which the returns package is received by the Vendor.

6.2. Statutory warranties

6.2.1 Compliance

The Client shall have a statutory warranty enabling him/her to return to the Vendor any defective goods which are delivered, in accordance with articles L. 211-4 et seq. of the French Code de la consommation, which provide that “the vendor has an obligation to deliver goods which comply with the contract and shall be responsible for any non-compliance at the time of delivery. The vendor shall also be responsible for non-compliance resulting from the packaging, the assembly instruction or the installation where this is the vendor’s responsibility according to the contract or where this is carried out under the vendor’s responsibility.”

The Parties shall also be bound by the terms of article L. 211-5 of the French Code de la consommation, which provides that “in order to comply with the contract, the goods must:

1. Be suitable for the use which is commonly expected from similar goods, and: - the goods must correspond to the description provided by the vendor and must possess the attributes which the Vendor presented to the buyer in the form of samples or models;

- the goods must feature the attributes which a buyer may legitimately expect in light of the public declarations made by the vendor;

2. Or the goods must feature the characteristics which were jointly defined by the parties or must be suitable for any special use sought by the buyer where this was brought to the attention of the vendor and accepted by the latter.”

Finally, article L. 211-12 of the French Code de la consommation provides that “any action in connection with the non-compliance of goods which are delivered must be brought within two years of the date on which the goods were delivered.”

6.2.2 Warranty for hidden defects

ARTICLE 1641 of the French Civil Code provides that “The vendor shall be responsible for hidden defects in the goods sold which make these unsuitable for the use for which they were intended, or which restrict this use to such an extent that the buyer would not have purchased the goods, or would have offered a lower price for them, had he or she been aware of this.”

Finally, article 1648-1 the French Civil Code provides that “any action in connection with substantial hidden defects must be brought within two years of the date on which the defect was discovered.”

6.3. Terms governing the return of goods to the Vendor

Where any goods are covered by a specific warranty, the deadline and terms of the warranty are set out in the description of the goods involved. A Client wishing to return goods to the Vendor must contact the Vendor by sending an e-mailcontact@lineagiobastia.com or by calling +33 (0) 4 95 48 31 90 (Monday to Saturday, 9:00am to 12:00pm and 2pm to 7pm).

Any goods which are returned to the Vendor by the Client must be sent to:
SARL GIO 2B
LINEA GIO
23 RUE CESAR CAMPINCHI
20200 BASTIA FRANCE

Goods which are returned to the Vendor shall transit under the Client’s own responsibility. Therefore the Vendor hereby advises the Client to return the goods using a logistics contractor which provides a facility for packages to be tracked on their way to the Vendor. Should the Client not use such a logistics contractor, and should the package sent by the Client not reach the Vendor, the Client shall not be in a position to hold the logistics contractor to account in order to locate the package containing the goods being returned to the Vendor.

The shipping costs of the goods being returned to the Vendor shall be borne by the Client. However, in case of an anomaly of the goods relating to their description in the Order form or in case of an error committed by the Vendor in respect of the goods delivered to the Client relating to the goods which were ordered by the latter, the costs of returning the goods shall be reimbursed by the Vendor based on the “2nd class” or “standard” postal service rate applicable in the Client’s country of residence.

Upon receipt of the package containing the goods being returned by the Client, the Vendor shall check that the goods being returned are compliant as well as the reason for the return. Should the goods being returned not qualify for an exchange or reimbursement, the Vendor shall refuse to accept their return and the goods shall be made available to the Client for collection at the Vendor’s warehouses, or may be sent back to the Client at the latter’s request and expense, within three months of being received by the Vendor.

Subject to the applicable statutory warranties, should the Client fail to abide by the terms of this article, the Client shall be barred from making any claims in connection with the non-compliance or with any visible defects in the goods which were delivered by the Vendor. The goods shall thereupon be deemed to be compliant with their description and with the Order and exempt from any visible defects.

6.4. Exchanges

Any request for an exchange submitted by a Client must be submitted within 15 (fifteen) days of the date on which the goods were delivered and in compliance with the terms of article 6.3 above. Should the value of the Order placed by the Client for new goods in exchange of goods already delivered exceed that of the goods which were delivered, the Client must enclose payment for the difference together with the request for the exchange. Conversely, should the value of the new goods sought by the Client be lower than the value of the goods already delivered to the Client and returned by the Client to the Vendor, the Vendor shall reimburse the difference to the Client.

6.5. Reimbursement

Any request for reimbursement in connection with goods already delivered to the Client must be made within 15 (fifteen) days of the date on which the goods were delivered. Such a request shall only be taken into consideration if the goods for which the Client is seeking reimbursement from the Vendor have been returned to the Vendor within that timescale in accordance with the terms of article 6.3 above. The sum of money paid out in reimbursement for the goods returned to the Vendor may be reduced to the extent of any costs which were incurred in processing the Order initially placed by the Client, unless the Order form specifically provides otherwise.

In the case of a request for reimbursement of goods offered free of charge to the Client or bought by the latter using a Rebate, the Client shall be reimbursed to the extent of the price the Client actually paid for the goods, as opposed to their normal retail price on the Web Site.

 

ARTICLE 7. LIABILITY

The Vendor hereby disclaims liability for any failure to perform its obligations under this Agreement as a result of the occurrence of unforeseeable circumstances which cannot be overcome owing to the intervention of a third party to this Agreement, or as a result of the occurrence of circumstances of force majeure as defined by French law and by the French courts.

Similarly, the Vendor hereby disclaims liability for any inconvenience or damage caused by the use of the Internet network, such as any interruption of the availability of the Site, any breakdown in the service, any external intrusion or presence of computer viruses, any losses or alterations of data or of files, or any indirect damage, whatever the causes and consequences thereof.

 

ARTICLE 8. ELECTRONIC Signature, PROOF AND ELECTRONIC STORAGE

In accordance with European Directive 1999/93 dated December 13, 1999 and with the French law no. 2000-230 dated March 13, 2000 on electronic signatures, the Client’s online disclosure of his/her bank card number and final confirmation of the Order shall constitute evidence of the integrity of the Order and shall give rise to the Client being liable to pay the entire value of the Order. Similarly, the Client’s express acceptance of this Agreement shall be deemed to be equivalent to the Client’s signature of this Agreement, having the same value as a written signature for the purposes of the conclusion and performance of this Agreement.

The Parties make a commitment not to dispute the admissibility, the validity, the opposability or the convincing strength of natural elements or under electronic form aforesaid, on the foundation of their electronic nature. Except contrary proof, these elements will be valid and opposable between the Parties in the same way, in the same conditions and with the same convincing strength as any document which would be established, received or kept in writing. The filing of Order forms and invoices is made by the Salesman on a reliable and long-lasting support constituting an honorable and long-lasting copy, according to the article 1348 of the French Civil code.

In case of fraudulent use of his bank card by a third party, the Customer is invited to inform the immediate Salesman about it by writing in contact@lineagiobastia.com or by calling +33(0)4 95 48 31 90 and by calling back to the Salesman the concerned number of bank card, date of the Order) and by proving his identity, without that this information opens a right for repair of the Customer nor for a some refund on behalf of the Salesman. If necessary, the repair or the refund of the Customer can be asked by the Customer the issuing bank of its bank card, in the conditions fixed by the laws and the contracts applicable to the concerned bank.

The website has been declared to the CNIL a definir