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GENERAL CONDITIONS OF SALE

 

 

ABC SOURCING

 

 

Article 1: Definitions

To facilitate understanding of these Conditions of Sale, the following terms shall have the meanings hereinafter assigned each time they are written in uppercase.

 

The TERMS: means all these general sales conditions, annexes and amendments thereto.

 

Site: means the website merchant whose url is: www.abc-sourcing.com and www.abc-sourcing.fr

 

The SELLER: means the joint stock company ABC SOURCING, registered at the RCS of Nanterre under number 420 189 516 - Email: office@abc-sourcing.com

 

BUYER: any trading professional (excluding non-professionals or consumers within the meaning of the Consumer Code and the applicable case law) acting in a professional capacity who makes a purchase on the Site.

 

THE PRODUCT (S): means any goods offered for sale by the SELLER on the SITE.

 

TERRITORY: means Metropolitan France, overseas territories, countries of the European Union.

 

PERSONAL SPACE: is the space available to the BUYER by the SELLER on the SITE.

 

PERSONAL DATA: means all information relating to the BUYER as requested by the SELLER when ordering.

 

 

Article 2: Scope

 

The TERMS apply to all orders made on SITE.

 

The SELLER accepts only orders placed within the TERRITORY.

 

BUYER accepts all the TERMS & CONDITIONS.

 

The SELLER reserves the right to modify the TERMS in whole or in part at any time, provided that the applicable TERMS are those in force on the date of validation of the order.

Article 3: Registration to the Site

 

Application for Membership

 

To purchase Products on the Website, the Buyer must fulfill the following conditions:

 

  • be a professional within footwear, textile and accessories (ie NAF code 4641, 4642, 4719, 4751, 4771, 4772, 4782, 4789);

 

  • be a company duly registered under the relevant national law,

 

  • be able to contract under the applicable national law,

 

  • not be in receivership, liquidation, bankruptcy, bankruptcy or any similar proceedings

 

  • have a VAT number for entities located in the EU or VAT ID / VAT / GPS similar or analogous

 

  • and any other information and / or documents as Seller may reasonably request and which can not be refused by the Buyer without due cause.

 

To apply for membership to the Site, the Purchaser shall send the information and documents: name, VAT number, Siren / Siret, creation date, title, name, title, address, zip code, city, Country, Telephone, mobile, fax and email.

 

Accepting applications for membership

 

The Seller reserves the right to refuse any application for membership for objective reasons.

 

The Buyer is not entitled to any compensation or compensation for any costs incurred for membership or in connection with any discussion of the Seller.

 

Neither Seller nor any of its officers, employees, agents or representatives shall be liable for any loss or damage of any kind whatsoever, incurred directly or indirectly by the Purchaser in relation to the application for membership.

 

 

Section 4: Description and operation of the Site

 

Access codes

 

Access to the Site is through codes (hereinafter the "Access Code") which are notified in advance by the Seller. The Access Code is considered personal and confidential information, the disclosure thereof to any third party is strictly prohibited. For this reason, the Purchaser undertakes to take all necessary measures to ensure and preserve its confidentiality and its physical and logical security. Any access to the Site and any transaction through it, made through the Access Code provided to Buyer shall be deemed to have been made by the Purchaser.

 

Without prejudice to the foregoing, the Purchaser shall (i) promptly notify the Seller of any unauthorized use or knowledge by a third party Access Code and circumstances that contributed to such use or knowledge and ( ii) to actively cooperate with the Seller to terminate such use or unauthorized knowledge.

 

In the event that the Seller has any reason to believe abuse or use inconsistent with the Access Code and more generally for security of the Site, it reserves the right, at any time, without notice or formality advance and without it entitles to compensation for any damage, including loss of profits, business or luck, suspend and / or delete any Access Code, or unauthorized access to the Site. The Seller shall notify Buyer, however, by any means, as a result of such measures.

 

Availability

 

Articles visibly offered for sale on the SITE are available while supplies last.

 

When ordering an item unavailable, the SELLER shall, at the discretion of the BUYER to pay or grant him a credit within 60 days. After this period, the amounts due by the SELLER to the BUYER shall be increased by the legal interest rate.

 

 

Article 5: PRODUCTS.

 

PRODUCTS are brand new property.

 

Any picture, photograph, record, visual or SITE catalog representing the PRODUCTS has no contractual value. The BUYER acknowledges that these items are published for information only.

 

The ads on the site are not contractual. The only information required for the sale of products are those that are directly communicated to the Buyer by the Seller.

 

The BUYER agrees that no substantial PRODUCTS characteristics may differ from pictures, photographs, cards, or visual catalog of the SITE.

 

PRODUCTS are sold as is without warranty of any contractual or statutory, to the exclusion of all applicable statutory warranties, including the warranty against hidden defects or conformity.

 

 

 

Article 6: PRICE

 

Prices are displayed in Euro excluding VAT, excluding shipping costs.

 

The VAT amount is stated in the order summary. If the VAT rate changes, the sale price may be changed without notice.

 

The SELLER reserves the right also to make tariff changes at any time, products are charged according to the rates in effect at the time of registration of the order.

 

Shipping fees are shown during the final validation of the order and are available in the "terms of delivery".

 

For delivery to a destination within EU: The amount of your order will be calculated without tax.

For delivery to a destination of the DOM-TOM or Outside the European Union: The amount of your order will be calculated excluding taxes on your bill and your order. In this case, your order may be subject to customs duties and, possible taxes that are imposed when the package reaches its destination. The latter related to the delivery of an item are your responsibility and your responsibility. The SITE is not required to check and notify the BUYER of customs duties and taxes. To know it is up to the BUYER to inform the competent authorities of the country of delivery.

 

In the registration form, you will be asked to enter the number of intra-Community VAT which will be applied in accordance with the following articles:

 

  • VAT 19.6%
  • VAT NOT TAXABLE Article 8 / c exporter usual
  • VAT EXEMPTION Article 41 EEC intra
  • VAT Exemption section 41 intra-EEC
  • VAT EXEMPTION Article 8 / a non-EU
  • VAT EXEMPTION Article 58 triangulation
  • VAT EXEMPTION Article 2 (of discounts)

To all the customers who belong to these categories, but have not used the VAT number, the order will be automatically increased by 19.6% VAT.

 

 

Article 7: PROPERTY RESERVE

 

PRODUCTS controlled by the BUYER shall remain the property of the SELLER until receipt of the full amount of the order.

 

The SELLER reserves the right to cancel, refuse or suspend the execution of any order, paid or not, subject to prior litigation or where the volume seems unusual or due to problems within a geographical area of distribution.

 

 

Article 8: MODE OF EXECUTION OF THE ORDER AND VALIDATION

 

Validating the order implies acceptance of these terms and conditions.

 

  • The BUYER selects the SITE PRODUCTS of interest by adding them to the cart by one click;
  • BUYER confirms his basket;
  • The order summary is displayed. This includes: PRODUCTS and quantity ordered, the price of each PRODUCT HT, the total amount of the order, the delivery costs to be paid by the BUYER in the event of a delay in delivery;
  • The BUYER checks the PRODUCTS and quantity ordered on the order summary. Where appropriate, it is possible to modify the PRODUCTS or quantities ordered;
  • BUYER confirms his order with a click.
  • BUYER chooses a payment method and fills in the information required for selected payment method. It is understood that this information will only be used for the execution of the current command.
  • BUYER validates new order.

 

At the end of this process, the SELLER sends an email to the BUYER summarizing the content of the order, the total amount of the order, the amount of shipping and delivery.

 

The amount of the order will be cashed at the time of the final validation of the order.

 

Any order for which payment has not been received within three (3) days will be canceled.

 

The minimum order on our site is 500 € (five hundred euros excluding tax).

 

 

Article 9: PAYMENT

 

The customer has the option to make payments by several means at its disposal:

 

  • Credit Card Visa, MasterCard, Carte Bleue,
  • bank transfer

 

Depending on the method of payment, the seller reserves the right to make additional checks, including with respect to the identity of the buyer. The validation of the order by the SELLER shall be subjected to the production by the seller of a proof of identity and valid proof of residence of not less than three months.

 

 

 

 

 

Article 10: SECURITY OF PAYMENTS

 

Whatever the method of online payment used, the seller makes every effort to ensure the safety of the Regulation and the encryption of confidential data. Services used include standard SSL (or SSL2) and payment information is never passed to servers of the seller.

 

 

Article 11: SHIPPING AND DELIVERY

 

Any shipping and / or delivery resulting from the SITE command is / are governed by the rule INCOTERMS 2010 EXW “Saint-Denis – France”.

 

The amount of delivery charges shall be that in force at the time of registration of the order (under "terms of delivery").

 

Upon receipt of the parcel by the BUYER, it must:

  • Check the conformity of the goods delivered at the time of delivery.
  • Indicate any anomaly on the delivery form by handwritten description accompanied by a signature.
  • Confirm by mail with acknowledgment of receipt to the carrier reserves these for three days.

 

In case of non-compliance, both verified and proven, the BUYER will proceed to return the goods within a maximum of seven (7) working days after receipt of the full order concerned, in a state to surrender for sale (new and not used) and in its original packaging.

 

The cost of return shipping and reshipping are the responsibility of the BUYER, except in case of proven malfunction by the SELLER.

 

It is strongly recommended to the BUYER to keep receipts of shipment, the SELLER disclaims all liability for loss or damage during shipping the package.

 

The operating procedures are as follows:

 

- request acceptance of a return,

- approval of the request and send an email with the tracking number,

- sending the article with the confirmation email,

- item received by our logistics

- confirmation of receipt of the item, made in accordance with the request.

 

Price differences in exchange give rise to either a complementary regulation for the client, or editing an asset (or partial refund) by the SELLER.

 

 

 

 

Article 12 LIABILITY AND FORCE MAJEURE.

 

The seller has an obligation of means for the proper functioning of its website. Responsibility can not be engaged in inconvenience or damage caused by the use of the Internet, particularly in terms of service interruption, external intrusion or presence of computer viruses, as well as any act of force majeure, in accordance with legislation and jurisprudence. In addition, the seller can not be responsible for any damage or inconvenience caused during the use of products sold, so customers benefit by guarantees provided by the brands of products.

 

The SELLER shall not be obliged to pay damages for any damage whatsoever, unless proven fault of the SELLER. Responsibility of the SELLER for loss of profits, consequential damages, however, is excluded, except in legal cases. In all cases where the SELLER is obliged to pay damages, they shall in all circumstances be limited to the invoiced value of the product delivered to which the injury. Any legal action against the SELLER must be paid within 12 months after the initial date of the claim.

 

 

Article 13: PERSONAL DATA

 

The SELLER will proceed to the collection of PERSONAL INFORMATION BUYERS to achieve orders placed by them.

 

The SELLER may also sell PERSONAL INFORMATION of its trading partners subject to the express consent of the latter.

 

According to the legislation, the BUYER has the right of access, rectification and deletion of its PERSONALINFORMATION. The BUYER may exercise this right by contacting SELLER at the following address: ABC SOURCING SAS - 16, RUE DU MOULIN DES BRUYERES - 92400 Courbevoie - FRANCE.

 

 

Article 14: INTELLECTUAL PROPERTY

 

All the elements of the SITE, images, video, audio or visual, visible or not, as well as the underlying technology, are protected by copyright, trademarks and patents. They are the exclusive property of the SELLER and any total or partial reproduction of the site and the above is strictly prohibited, unless with prior agreement.

 

 

 

 

 

 

 

Article 15: Convention of proof

 

The identification of the BUYER performed through the Access Code and password and entering the required banking information for payment, each constitute an electronic signature which has, between the parties, the same value as a handwritten signature.

 

The computer registers stored in the computer systems of the SELLER will be kept in reasonable conditions of safety and considered proof of communications, orders and payments between the parties.

 

Freedom of proof does not dispense prove by means trustworthy. The law allows to produce as evidence, a faithful and durable copy without an original.

 

 

Article 16: Applicable law

 

These Terms are governed by French law. This is for the substantive rules as to form.

 

Any dispute between the Parties concerning the existence, validity, interpretation and performance of this Agreement, the Parties can not resolve amicably, shall be within the exclusive jurisdiction of the courts of the PARIS (France).