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TERMS OF SALE
The terms of sale are conducted between the company PROPHESSENCE 32390
GAVARRET SUR AULOUSTE registered at the commercial court of AUCH 32000
(no#
)(herein referred to as PROPHEDIET) and (herein referred to
as the user) the person that wishes to carry out a purchase
via the internet site of PROPHEDIET.
The parcels can be sent to any geographical area of the world except
where legislation of a particular country is prohibiting. The terms
of sale are for the sole use of noncommercial persons.
By using this site you signify your acceptance of these terms.
The PROPHEDIET Company is committed to respecting all the provisions
of the code of consumption relating to mail order selling.
The present conditions aim at defining the methods of sale between
PROPHEDIET and the user, from the ordering of services to
payment and delivery. The terms of sale regulate all the stages necessary
from the placing of the order and ensure the follow-up of the order
between the contracting parties.
The user may place an order online from the catalogue presented on
the PROPHEDIET Internet site.
The order will be fulfilled if the user has clearly identified himself
either by entering his customer identification number or by filling
out the order form online (the user will then obtain a client identification
number which will be transmitted to him by customer service after his
first order).
Any orders made signify acceptance of the prices and description of
the products available to the sale.
PROPHEDIET is committed to deliver the orders received on the Internet
site only within the limit of the stock available. If a product is not
available, PROPHEDIET will inform the user as soon as possible.
For most of the products the user has a guarantee allowing him to return
the defective portion.
During the warranty period, the parts and the work remain the responsibility
of the company PROPHEDIET.
The cost of forwarding the defective products is the responsibility
of the customer.
The forwarding charges of the repaired or exchanged products are the
responsibility of PROPHEDIET provided that the defect is covered by
the guarantee.
The buyer has the following choices of payment:
_With the delivery: In this case, the buyer will have an additional
payment of the postage rate at the time of delivery, provided that C.O.D.
(cash on delivery) is accepted by the postal company in the country
concerned.
_When placing the order: In this case, the payment must be done by
bank card or check for orders in France. And ONLY by bankcard for orders
placed from any other country.
The account of the user will be debited only during the forwarding
of the products available. In the event of unavailable products, the
buyer will only be charged for the products actually sent.
The prices include taxes and are indicated in French Francs, Euros and
Dollars. Rates can be modified at any time.
All the products can be exchanged or refunded except for those being
marked otherwise. An exchange must be made within 15 days from the date
of the delivery. If the new order is more expensive, the user will have
a debt of the balance plus processing expenses, when he asks for the
exchange. On the contrary, if the new order is less expensive, the user
will have a credit minus processing expenses, on their next order. The
user can also ask for a refund within 15 days of the delivery, expenses
of processing the order will be deducted from the refund. In the case
of a request for a refund for a product purchased on sale, it will be
refunded at commercial value. In any case, each demand must be sent
by letter to PROPHEDIET, 32390 Gavarret sur Aulouste, FRANCE.
All the products are subjected to a contractual guarantee, in accordance
with the legal guarantee of articles 1641 and following of the Civil
Code.
In all cases, the supply on line of the credit card number and the validation
of the order signifies proof of purchase in accordance with the law
of the 13th March 2000 and proves liability of the amounts written on
the order form. The validation signifies agreement of all operations
carried out on the site.
PROPHEDIET has only an obligation of means concerning all the stages
of access to the site, from the process of fulfilling orders to the
delivery and the posterior services. PROPHEDIET is not responsible for
all the disadvantages or damages caused by the use of Internet, in particular
those caused by rupture of service, any outside interference, or the
presence of a computer virus or any other problem in accordance with
the jurisprudence.
In accordance with the law of January 6 1978, the user has the right
to access and to correct the data relating to him.
All the elements of the PROPHEDIET site (visuals or sounds), including
subjacent technology, are protected by copyright, brands or patents.
They are the exclusive property of the company PROPHESSENCE. The user
who has a personal Internet site and who wishes to place on his site
a direct link to the site of PROPHEDIET for personal use, must request
the authorization from the company PROPHESSENCE. There will not be in
this case an implicit agreement of affiliation. On the other hand, any
hypertext link to the site of PROPHEDIET, use of the technique of framing
or in line linking is strictly prohibited. In all cases, any link, even
tacitly authorized, will have to be withdrawn on request of the company
PROPHESSENCE.
On the assumption that one of the clauses of this contract would be
null and void by a change of legislation, regulation or by a decision
of court, it could not affect the validity and the respect of these
general conditions of sale. The present conditions apply for all the
services offered on line by the company PROPHESSENCE. The computerized
registers, preserved in the information processing systems of the company
PROPHESSENCE and of its partners, will be regarded as the evidence of
the communication, orders and payments occurred between the parties.
The filling of order forms and invoices is carried out on a reliable
and durable medium in order to correspond to a faithful and long term
copy in accordance with article 1348 of the Civil Code.
The present conditions are subjected to the French law.
The attribution of competence in the event of litigation (in the absence
of a friendly agreement between the parties), is given to the courts
of competent jurisdiction of AUCH, notwithstanding plurality of defendants
and/or call in guarantee, even for the emergency procedures or the protective
summary proceedings or petitions.
Shipping costs.
- EEC : 6.80 US$
- Other countries : 12.36 US$
Delivery time.
- 8 days for France and EEC
- 2 weeks for the rest of the world
The payments are carried out by bank check or by credit card. The transactions
are protected by protocol SSL 128 bytes.
Fraudulent credit cards.
Fraud with credit cards will be prosecuted. We will cooperate with the
authorities. All transactions and e-mails are traced by IP addresses
and any other technical information.
The use of stolen or fake credit cards will be prosecuted.
The persons guilty of fraud will be prosecuted!
After your payment, your order will be sent by postal package to the
address stated on your order form.
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