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Applicable from Januray 2nd, 2013

Article 1: Introduction

The current Terms and Conditions of Sale are valid for all stipulations regarding the sales by EDISAC.COM, a brand of REFLEX BLUE SAS, with a capital stock of euro, and Head office at
Parc d’activité de la verte rue
Allée des prêles
59270 Bailleul
France

registered with the Chamber of Commerce of DUNKERQUE under registration 522 043 348, intracommunity VAT number FR66 522 043 348, hereafter named « REFLEX BLUE » or « we », and apply to all potential buyers of products on the website  www.EDISAC.COM, hereafter named « user » or « client ».

The fact of placing an order implies the client totally and fully agrees to these Terms and Conditions of Sale. Any contrary condition by the client cannot be invoked against EDISAC.COM. EDISAC.COM cannot be contractually bound by any other document than these Terms and Conditions of Sale, more precisely flyers or catalogues, which are only indicative. EDISAC.COM retains the right to modify these Terms and Conditions of Sale at any time.

Every client can consult these Terms and Conditions of Sale at any time on the website www.EDISAC.COM (hereafter named « the site »). Since these Terms and Conditions of Sale can be subject to modifications, the applicable terms are those published on the website on the date your order is placed. 

Any copying, in its totality or partially, has to always be authorised by EDISAC.COM.

The current Terms and Conditions of Sale serve as a definition of the sales conditions between EDISAC.COM and the user, from when the order is placed to after sales service, including payment and delivery. They define all necessary steps to place an order and guarantee the follow-up of the order by the contracting parties. 

Article 2: Acceptance of Terms

The client acknowledges that he has read, at the moment of the order, the Terms and Conditions of Sale as explained in this document and formally declares to accept these in full.

Article 3: Products

The features of the ordered products by the client are indicated on the ‘Products’ pages of the website. All featured products comply with the French legislation and the standards applicable in France.

Some products come with a guarantee from the manufacturer (as indicated on the article description) for manufacturing faults, but this excludes normal wear and tear due to the regular and/or inappropriate use of the product.

Photographs that are used to illustrate the products are not binding and used for illustration purposes only.

Our product offer and prices are valid as long as they are indicated on the website and as long as stocks last.

The products remain property of EDISAC.COM until the full price has been paid, while all risks related to delivery are transferred onto the client. EDISAC.COM is not responsible for non-adherence to the laws of the country in which the product is delivered.

In case of clear differences between the characteristics of the product and the way it is presented and/or the conditions of sale, EDISAC.COM cannot be held liable.

Article 4: Price

All prices are indicated in euro and include all taxes. The VAT charged is calculated according to the rate valid on the day of the order, excluding handling and transport fees. 

We retain the right to change prices at all times, however, products will be invoiced at the price as communicated at the time the order was placed.

Article 5: Order

Orders are placed on the website, and can only be processed when the user clearly identifies himself by entering his email address (or his specific login for the website edisac.com) and password, both of which are strictly for personal use.

Contractual information is provided in French, and has to be agreed with at the latest at moment of delivery. We retain the right to cancel or refuse any order of a client with whom we have a dispute regarding the payment of a previous order.

Every order assumes acceptance of prices, these terms and conditions and the product descriptions. For any complaints, we refer to our policy for exchanging or returning goods, and to the regulations regarding guarantee as described below. 

In case of an order for professional use, REFLEX BLUE is by no means liable for any indirect damage, operational losses, losses in profit, loss of opportunities, damage or costs, which could have been a result of the purchase of the product.  

Article 6: Validation

In compliance with the Law number 2000-230 dated March 13, 2000, dealing with the modification of laws of proof to include IT and electronic signature, providing bank details on line and final validation of the order assume total and irrevocable acceptance of the general terms for sales and payment.

It also assumes that every transaction has been checked by EDISAC.COM and its client, and serve as proof for the totality of the mentioned order and for the monies due as detailed on the purchase order. This validation requires a signature and explicit acceptance of all steps undertaken on the website.

Every order will be confirmed by EDISAC.COM via email to the client, once the order has been validated or at the latest at the moment the order is being shipped.

In case of misuse of a bank card, the client will be asked to contact our customer services department immediately when this fraudulent use comes to light.  

Article 7: Availability

Our products are subject to stock availability.

In case of breach of contract due to the goods not being available, the client will be informed of this matter via email, the order will be cancelled and the client will be reimbursed, at EDISAC.COM’s discretion, by crediting his bank account or by cheque, at the latest within 30 days of the payment by the client.

Article 8: Delivery

The products purchased on the website will be delivered at the address indicated by the client during the order process. Delivery will be within approximately 4 working days.

When paid via bank card, the indicated timeframes are average delivery times and correspond with the average time before the departure of the shipment and the average transit times.

Our transport firm « La Poste » delivers from Monday to Saturday at the address you have indicated. In case of absence, a note will be left in your mailbox. Your package will be ready to be picked up at the post office in your area.

At the moment of delivery, it is your responsibility to immediately check the outer packaging. If your parcel is damaged or if it looks like it has been opened, please request for it to be taken to your local post office. There, the parcel will need to be opened in the presence of a « La Poste » representative, or you can refuse to accept the parcel, in which case it will be returned to EDISAC.COM. It is not possible to accept a parcel and not accept the postal regulations.

EDISAC.COM has to finalise the order within 30 days from the day following the day the client has validated his order. If the shipping deadline is not respected, the order cannot be cancelled in any way, there can be no reduction of the purchase price or compensation, as long as the clients receives the goods within 30 working days following the order confirmation.   

EDISAC.COM is responsible to ensure the contractual obligations towards the client are adhered to and are conform to the contract on the website. However, EDISAC.COM is exempt of all or partial responsibility if it can prove that non performance or improper performance of the contract is a result of a fault by the client, or of unforeseen and unavoidable circumstances at a third party also involved in this contract, or of a case of force majeure as defined in the French legislation, or of disruptions or a general shutdown, total or partially, within the postal services, transport services, communication services, floods, storm and fire. 

Similarly, EDISAC.COM will not be held responsible in case of breach of contract because of stock ruptures or a product not being available.

Also can EDISAC.COM not be held responsible for any disruptions or problems linked to the use of internet, such as a service shutdown, hacking or a virus.

Article 9: Payment and security

You will pay your goods on line using a bank card: Visa, MasterCard, other credit cards.

Every payment takes place in a secure environment and all parcels are insured from a value of 60 euro upwards. This secure environment for the transactions is managed by INGENICO. Neither personal details, nor the bank card details will be transferred from the user to the server without being encrypted; the details will be signed, encrypted and transferred via the SSL protocol (SSL Certificate) after being introduced in the payment module. The acceptance of the transaction by the central network of bank cards (‘GIE carte bancaire’) starts the procedure for order acceptance. Your account will be debited with the amount as invoiced for the shipped products, including transport fees, after the acceptance by the ‘GIE carte bancaire’.

Should the client want to use another payment method, prior consent of EDISAC.COM is required.

In case of fraudulent use of a bank card, we reserve the right to cancel the shipment of your order and to request payment by bank transfer only.

System to analyse orders (fraud detection):

All details used to process your order will automatically be placed in a database owned by FIA-NET S.A. This data processing aims to define an analysis level per transaction and to prevent fraudulent use of bank cards.

FIA-NET S.A. and the distributor by whom you purchase your goods are the addressees of the details linked to your transaction. If these data are not transmitted, the transaction cannot be processed nor analysed.
In case of non-payment because of fraudulent use of a bank card, FIA-NET S.A will open an incident rapport containing the details of this unpaid transaction. Any unsatisfactory declaration or anomaly could also result in specific follow-up of the matter.  

In compliance with the ‘Informatique et Libertés’ Law number 78-17 dated January 6, 1978, you retain the right to, at all times, access, adjust, rectify and oppose the use of your personal details, in writing, including proof of identity, to FIA-NET - Service Informatique et Libertés - Traitements n°773061 et n°1080905 - 39, rue Saint-Lazare, 75009 PARIS.

For the "Site Evalué - Site Premium" project (logo FIA-NET):

When you place an order on EDISAC.COM.fr you have the option to participate in the the « site évalué - site premium » project organised by FIA-NET S.A.

Two client satisfaction questionnaires aim to measure how you experience the quality of the service we offer. You will be able to inform us of this experience and share your thoughts with the other users of the FIA-NET website.

These questionnaires will be provided by FIA-NET or by REFLEX BLUE SAS, either via email or via a pop-up after you completed your purchase. All information provided via these questionnaires will be processed in a database owned by FIA-NET S.A.

Incomplete answers or missing answers in one or both questionnaires will bear no consequences on your order or the way it will be processed.

FIA-NET S.A. and REFLEX BLUE SAS are the proprietors of the nominal data collected via the client satisfaction surveys.

Non-nominal data will be processed by FIA-NET in accordance with the regulations, namely regarding privacy protection.   

In compliance with the ‘Informatique et Libertés’ Law number 78-17 dated January 6, 1978, you retain the right to, at all times, access, adjust, rectify and oppose the use of your personal details, in writing, including proof of identity, to:

FIA-NET
Service Informatique et Libertés
Traitement N° 896150
39, rue Saint-Lazare - 75009 Paris
PARIS.

Article 10: Shipment fee

Unless otherwise stated on the website, the client will not have to pay shipment fees for orders over 40 euro, including all taxes for this delivery, within Metropolitan France. EDISAC.COM has the right to change this amount at any given time. For purchases costing less than this amount, shipment fees will be invoiced. Shipments will be delivered by ‘Colissimo suivi’ within 24/48 hrs. For shipments abroad and to the DOM-TOM, the actual shipment cost will be invoiced.

Article 11: Returns policy  

In compliance with Article L.121-20 of the Consumer Code (‘code de la consommation’), the client has the right to return goods within 7 days of receiving them, without any justification nor penalties. The return costs are however to be paid by the client. No returns with payment on delivery will be accepted, no matter the reason for the return. EDISAC.COM will reimburse the total sum paid by the client, apart from the fees for returning the goods, within at the latest 30 days after the date on which the right of return was exercised.  

The product has to be returned in its original state and complete (packaging, accessories…), together with a copy of the invoice and the completed returns form. Returned goods that are incomplete, damaged or soiled will not be accepted. 

Article 12: Exchanging products  

Goods can be exchanged in the EDISAC shops up to 14 days after reception of the goods. The product has to be returned in its original state and complete (packaging, accessories…), together with a copy of the invoice and the completed returns form.

Goods that are incomplete, damaged or soiled will not be exchanged.

Article 13: Returns - Reimbursement

In case the product does not correspond with your order, it has to be returned within 14 days after reception to :
EDISAC.COM
Parc d’activité de la verte rue
Allée des prêles
59270 Bailleul
France

in its original state and complete (packaging, accessories…), together with a copy of the invoice and the completed returns form.

Goods that are incomplete, damaged or soiled will not be taken back.

EDISAC.COM will reimburse the total sum paid by the client, apart from the fees for returning the goods, within at the latest 30 days EDISAC.COM received the returned goods.

The client will need to place a new order if he wishes to receive the product he initially ordered.

Article 14: Personal details  

EDISAC.COM will never divulge information that users of the site enter, to third parties. These details will be treated confidentially and will be used for internal use only, in order to process your order, in order to reinforce and personalise communication, such as letters and information emails and in order to personalise the site towards the preferences of its users.  

The data entered on the website are for internal use only and will be integrated in our client database. EDISAC.COM refuses to divulge any of these data to any other business.

In compliance with the ‘Informatique et Libertés’ Law number 78-17 dated January 6, 1978, you retain the right to, at all times, access, adjust, rectify and oppose the use of your personal details,in writing, including proof of identity, to the address of EDISAC.COM, as mentioned above.

Article 15: Intellectual property

Any text, comments, artwork, illustrations and photos published on the website are copyright protected regarding the author, the brand, design and image. They remain in their entirety property of EDISAC.COM. 

As such, and in accordance with the law on intellectual property, only private use under certain circumstances, which are more restrictive than the law on intellectual property, is authorised.

Any other use will be regarded as plagiarism and treated as an unauthorised use of intellectual property, if no prior consent has been provided by EDISAC.COM.

Any copying, in its entirety or partially, of the site catalogue is strictly prohibited.

Article 16: Applicable Law – Litigation

EDISAC.COM is only liable, in any case, for the amount of the order. EDISAC.COM cannot be held liable for simple errors or omissions that might occur despite all possible efforts to correctly present the products.

EDISAC.COM cannot be held responsible, towards a user or third party, for any indirect damage, operational loss, loss of earnings or profit, incurred by this user or third party, regardless of the cause, even when this loss is caused while EDISAC.COM was able to foresee it, or if the possibility of this loss was brought to EDISAC.COM’s attention.

In case of legal proceedings and no amicable agreement can be reached, only the FRENCH courts will have jurisdiction.

Article 17: Legal guarantees

All goods provided by the seller are protected by the legal guarantee in accordance with articles L. 211-4 to L. 211-14 of the consumer code (‘code de la consommation’) or by the guarantee against hidden defects in accordance with articles 1641 to 1649 of the Civil Code.

Article 18: Changes to the Terms of Sale – Complaints – Customer Service

EDISAC.COM has the right to adjust, at any time, the Terms and Conditions of Sale and Use.  

For any complaint and support by Customer Services, the client should contact, in writing:

EDISAC.COM
Parc d’activité de la verte rue
Allée des prêles
59270 Bailleul
France

Or send an email to: information@edisac.com

By telephone : +33(0)8.25.33.47.22 (during opening hours of the EDISAC.COM shop, Monday to Friday from 9h00 to 17h00.