TERMS AND CONDITIONS
I - Purpose and Acceptance of the Terms and Conditions
The purpose of the present Terms and Conditions is to inform the consumer on the terms and conditions regarding the sales and delivery of the products sold on the MH 8 SAS website operating under the trade name of ASSA (from now on referred to as ASSA) accessible at the web address: www.assa-spa.fr, and to specify the reciprocal rights and obligations of the concerned parties with regards to online sales.
These alone regulate the contractual relations between ASSA and the customer.
Each validation of an order by a customer on the ASSA website implies on his/her part complete and entire acceptance of the present Terms and Conditions, which he/she acknowledges to have familiarized him/herself with prior to placing an order, as well as the specific conditions for the order of items available on the site with regards to quantity, product name, price...
ASSA specifies, however, that all of its online sales are reserved exclusively or non commercial legal adults who are purchasing for non-professional personal use only; as well as corporate entities, for needs unrelated to their professional activities, maintaining a delivery address located in one of the areas served by ASSA.
II - Areas Served by ASSA
Products presented on the website are available to be sold exclusively in the geographical areas including metropolitan France, Germany, Great Britain, Belgium, Spain, Italy, Luxemburg, Netherlands, Denmark, Ireland, Portugal, Austria, Finland, Sweden, Norway and Switzerland.
III - Presentation of MH 8
MH 8 is a legal French company with its main office is located in Paris (6th district), 8, rue Christine carrying out its activity under the commercial name of ASSA, and is registered under this name at the Register of Commerce and Companies of PARIS under Number 530 628 833. All legal matters pertaining to MH 8 are specified in the Legalities.
IV - Presentation of the Products on the Website
In accordance with Article L.111-1 of the Consumer Law, the customer can acquaint him/herself with the essential characteristics of the product(s) made available on the ASSA website before placing an order.
Each product presented on the website has a descriptive summary indicating its product name, quantity and price.
It is however specified that the photographs illustrating the products are indicative of their general appearance and do not have any contractual value. They therefore do not at all bind ASSA in the event of any modification of the product presentation.
V – Length of Selection Validity
The product selections of ASSA are only valid during the period that they are presented online and within the limit of stock availability.
In the event a product is no longer in stock after an order has been made, ASSA will promptly inform the customer by phone or by email and make a proposal to :
- postpone the delivery date of the ordered product,
- cancel the order and immediately refund corresponding amount, as long as that amount that had been paid, as indicated in the cancellation conditions defined in the present Terms and Conditions.
VI- Online Ordering Procedures and Contract Formation
1. Order Registration and Confirmation by the Customer
All elements of an order are redisplayed before the customer is asked to confirm his/her order by indicating the delivery address and the method of payment used.
The customer must then confirm his/her order.
With this confirmation, the order is automatically registered and becomes firm and definitive pending agreement with payment centers in the event of debit/credit card payments.
In the case of payment refusal by a payment center, the order is automatically cancelled and the client is notified of this refusal by a message appearing on the computer screen.
2. Order Reception Confirmation
ASSA sends an email to the client confirming the receipt of the order with an enumeration of the ordered products, the delivery address, and the chosen payment method together with an indication of the order number.
The information provided by the customer at the time of the online order becomes his/her engagement. Therefore, in the event that the loss of the product is a direct result of mistaken or incomplete information concerning family name, first name, address, telephone number, email address, door code, or floor; the client will still be charged for the lost products.
Proof of the kind, contents, date of the customer’s order, confirmation of reception of the order by ASSA can be summoned up by making use of the information automatically registered into the site by the user.
This information, which will be saved and archived by ASSA, will be able to stand as proof in the case of eventual litigation with the customer, as stipulated in the Law of 13 March 2000 related to signatures and electronic proof. This information will be kept indefinitely.
The sales prices of the products shown on the ASSA website are shown in Euros.
These prices do not include the cost of delivery.
Delivery costs are calculated automatically at the placement of the order and are displayed on the order confirmation page showing the total cost of the order before confirmation.
The total price including sales tax shown at the order confirmation stage is the total price of the order including all taxes, depending on the V.A.T. rate of the day of the order, the price of the ordered products and the delivery costs.
The price that is invoiced at the time of the order, as shown on the website, corresponds to the rates indicated in the ASSA catalogue of the day the order was registered. These prices may be subsequently modified without warning.
VII – Order Payment
When placing an order, the customer has the choice to pay by using either a bankcard or a check.
In case of payment using a bankcard, the customer is redirected to the secured website of BNP PARISBAS which guarantees the preservation of the confidentiality of bankcard numbers by using secure protection and encryption methods.
In case of payment by check, the check must be made out to the order of MH 8 and mailed together with a printout of the order receipt confirmation email to the following address:
MH 8, 8 rue Christine 75006 Paris France
The invoice will be included in the package used for shipping the products except when the delivery address has been specified as being different from the billing address, in which case the invoice will be sent to the billing address.
In the event payment has not been received within 15 days following the order placement confirmation, ASSA reserves the right to cancel the order.
VIII – Delivery
The dispatch of the order only takes place upon completed payment in full.
All events considered as force majeure such as wars, riots, fires, strikes, the impossibility to obtain raw materials, the disruption of transportation entailing delays, interruptions or exorbitant supply costs constitute, by express agreement, suspension or removal of the obligations of ASSA, without compensation to the benefit of the customer if the circumstance extends beyond fifteen (15) days. ASSA will use all means at its disposal to inform the customer of the existence of such a circumstance in order to enable the latter to cancel his/her order by postal mail.
If the ordered products are not delivered within a maximum of thirty (30) days from the payment date for any reason other than force majeure, the customer will then have the ability to rescind the sale and the amounts paid by the customer will be refunded without delay.
The deliveries will be made by Colissimo.
Delivery is considered to be concluded upon remittance by ASSA of the ordered products to the shipper. Therefore, the products are shipped at the risk and peril of the customer, even when the order is addressed to another shipping address, and the risk of loss or deterioration of the products is assumed by the receiver once the transfer to the shipper has been made. The client is responsible for verifying the condition of the delivered products, and in case of missing or damaged items, to file all complaints to the shipper by registered letter with receipt acknowledgement within 48 hours of delivery.
In case of non-conformity or obvious defect of the delivered products, the customer is allowed seven (7) days from the delivery date to make a claim to ASSA, either by postal mail addressed to: ASSA, 8, rue Christine - 75006 Paris FRANCE, or by email to the following address: email@example.com. Once this time period has lapsed, the delivered products will be deemed acceptable and exempt from all obvious defects.
ASSA is responsible to guarantee against all hidden defects of its sold products in accordance with the provisions of Article 1648 of the Civil Code.
IX – Right of Cancellation
In application of the provisions of Article L. 121-18 and. seq. of the Consumer Protection Regulations, you are allowed a cancellation period of seven working days, counting from the date of receipt of the products, to return the products to ASSA, at the following address : 8, rue Christine 75006 Paris, France
If this period ends on a Saturday, Sunday, holiday or non-working day, it is extendable up until the next working day.
In the event the right of cancellation is exercised, ASSA will refund the customer the amounts paid by bankcard or check, with the exception of the return shipping costs, within a maximum period of thirty days following the date at which the right was exercised.
However, no right of cancellation can be exercised in the case of perishable foodstuffs.
X – Customer Relations
In case of difficulties or to obtain any additional information, the customer can contact ASSA, either by telephone at +33 (0) 1 46 34 59 08, or by postal mail addressed to ASSA, 8, rue Christine - 75006 Paris FRANCE; or by email at the following address: firstname.lastname@example.org.
XI – Personal Information
When ordering on line from the ASSA website, the customer consents to the use of personal data that he/she has provided while filling the requirements for registering an order.
In compliance with the provisions of Act 78-17 of January 6, 1978 concerning information technology, files and liberties, ASSA proceeds to declare the files containing personal data to the National Commission for Data Protection and Liberties. At all times, the customer enjoys the right of access, correction and opposition concerning the collected personal data concerning him or her. These rights may be exercised by mail addressed to ASSA.
Unless the customer declines, ASSA will be able to use the email address in order to send messages concerning products and services.
XII - Responsibility
Without proof of error on its part, ASSA is not responsible for any damages that could result from misuse of the user name or of the steps involved in placing an order. ASSA cannot be held responsible for any inherent risks involved with the use of the Internet, such as an interruption of in service, the intrusion or the presence of a computer virus.
XIII - Modification
The parties agree that ASSA has the full right to modify its service with no other formality other than a warning posted on line for 1-month, and if need be, to carry over these modifications into the Terms and Conditions on line. ASSA advises the customer to carefully re-read the general sales conditions in force at the time each new order is placed.
XIV - Litigation
The current Terms and Conditions and all the operations that are concerned within are subject to French law. In case of litigation, and an inability to reach an amicable agreement, the case will be heard under competent French jurisdiction.