Identification

Company name: DELOS FRANCE
Address of Head Office: 14 rue du Rocher
Postcode: 15000
City: Aurillac
Country: FRANCE
Telephone: (33) 04 71 48 86 85
Fax: (33) 04 71 48 86 85
E-mail: gerard@delos-france.com
Intra-community (EU) VAT number: FR914388265390019

General Terms of Sale

Disclaimer

By logging on to site www.delos-france.com, you agree to the terms and conditions of sale set out herein, which apply in full to all orders placed.

The site in its entirety is the property of Delos France SARL, as are all the related rights. Any partial or complete reproduction of the site is subject to the owners' agreement. However, hypertext links to this site do not require prior approval.

1. Acceptance of the terms

Customers recognize they are fully aware of the terms of sale set out herein when placing their order and accept them without reservation.
These terms and conditions of sale are contractually binding between company Delos France and its customers, and both parties accept them unreservedly. These terms take precedence over any other terms printed elsewhere, barring prior and express agreement in writing.

2. Products

The photographic illustrations of the products are not contractually binding. Delos France shall on no account be held liable for any errors they may contain. Most of the products offered by Delos France are available at our warehouse.

3. Orders

The automatic order-taking system is deemed to constitute valid proof of the type, content and date of orders. Delos France confirms acceptance of an order by sending the customer an e-mail at the address supplied by the latter. Delos France reserves the right to cancel any orders from customers for whom there are unresolved payment disputes concerning previous orders. The details specified by buyers placing orders are their responsibility: the vendor shall not be liable for any mistakes in the recipient's address details preventing the former from shipping the product.

4. Shipment

After confirming the order, Delos France undertakes to deliver all the items ordered to its transport company within no more than 3 to 9 working days. The transport company for its part is contractually bound to ship the order to the buyer's address as specified by Delos France. 
Furthermore, for deliveries outside metropolitan France, the customer undertakes to settle any import tax, customs duties, value-added tax and any other taxies levied on the products under the law of the country of destination. All orders placed with Delos France are for the personal use of customers; customers and recipients shall refrain from re-selling any such products. Delos France hereby disclaims any liability whatsoever for failure on the part of the customer to pay any taxes. 
Products will be shipped to customers in metropolitan France by La Poste (the French Post Office), by Colissimo Suivi - Packstream Track & Trace (excluding oversize parcels) according to the postage they specify. Products are delivered in the timeframe specified by the customer, and are handed over to the latter or any other person duly authorized to take delivery thereof. The buyer may not claim damages for any delay in delivery.
La Poste delivers to EU countries by Packstream Track & Trace or Coliéco as specified by the customer. For destinations outside the EU, products are shipped by international postal services.
For technical products, the customer should read the instructions provided and make sure that the product works properly.
Products showing visible defects may be returned under the terms set out herein.
The vendor is discharged from his obligation to deliver in the following cases of force majeure: war, riots, fire, strikes, accidents and the impossibility of receiving his supplies. Goods are shipped at the recipient's own risk. Be sure to check your parcel on delivery. You have 48 hours in which to notify the transport company of any missing or damaged items. 
Orders may be shipped in several parts according to availability. The customer settles each consignment as it arrives; if he wants 2 separate places of delivery he should place 2 orders and bear the related shipping costs.

5. Returns policy

You have 7 days from receiving the products in which to return them. If you want a replacement or refund, return the products in their original condition and packaging, together with any related accessories, instructions and documentation to the following address:
SARL Delos France
14 rue du Rocher
15000 AURILLAC
France
If you return a product, Delos France shall refund the amount paid by the customer at no charge (except for the postage costs of returning the goods) within a maximum of 15 days.

6. Prices

All prices are quoted in Euros.
The prices in the product listings do not include postage and packing.
In the order confirmation, the prices quoted are final and inclusive of all taxes and VAT for France and EU countries. The said price includes the price of the product(s), handling, packaging and shipping.

7. Payment

The price invoiced to the customer is the price stated in the order confirmation sent by Delos France.
Payments must be made immediately on the day of the order by bank/credit card (bearing the CB logo) or by cheque.
Online SECURE PAYMENT allows you to pay via a bank server of YOUR BANK in a secure environment.
Your bank card number is forwarded to the bank's servers; you pay the bank directly in a secure environment without going through the store's server, thereby ensuring that your number is known only to our banking partner (NAME OF YOUR BANK).
The customer's order is only deemed valid when the relevant bank payment centre validates the payment. If it rejects your payment, the order will automatically be cancelled and the customer will be duly notified thereof by e-mail. Furthermore, Delos France reserves the right to refuse any orders from customers with whom it is in litigation.

8. Disputes

This contract is governed by French law. Delos France cannot be held liable for any damage or injury whatsoever resulting from the improper use or operation of its products. The same goes for any alterations made by manufacturers. In any event, Delos France's liability is limited to the amount of the order and cannot be invoked further to any errors or omissions remaining despite all the precautions taken in presenting the products. Should the buyer have any problem in connection with this contract, and prior to taking legal action, he may seek to settle out of court with the aid of a professional association in his industry, a consumer organization or any other organization of his choice. You are hereby reminded that seeking an out-of-court settlement in no way alters the minimum or contractual warranty period, and that as a general rule and subject to the opinion of the Courts, the vendor honours his warranty obligations as set out herein subject to the buyer honouring his payments.
All complaints and disputes will be carefully and conscientiously examined, the good faith of the person making such claims being at all times assumed. In the event of litigation, the customer should approach the company first to each an out-of-court settlement.
Failing which, the matter shall be referred solely to the Aurillac Commercial Court, whatever the place of delivery and means of payment.

9. Warranty

Delos France guarantees that all its articles are manufactured or published in France. For foodstuffs, the customer is duty bound to observe the specified use-by dates.
In any event, Delos France may not be held liable for failure to comply with the regulations and laws of the country of destination, and its liability is in all cases limited to the value of the incriminated product, the said value being that on the date of sale, and no claims made against the brand or company making the product are admissible. 
In any event, the customer benefits from the legal dispossession and latent defect guarantee (Art.1625 et seq. of the French Civil Code). If the buyer can provide proof of the latent defect, the vendor is legally bound to remedy the consequences (art.1641 et seq. of the French Civil Code); if the buyer takes the matter before the courts, he should do so "within a short space of time" of discovering the latent defect (art.1648 of the French Civil Code). Please call the customer service from Monday to Friday on (33) 04 71 48 86 85 or by e-mail to gerard@delos-france.com.

10. Privacy notice

The personal particulars gathered here for mail order purposes are required to process orders and issue invoices. Orders are cancelled if insufficient information is provided. In accordance with the "Informatique et Libertés" act (the French Data Privacy act), the processing of all named particulars relating to customers has been declared with the CNIL (the French IT regulator). Under article 34 of the said act of 6th January 1978, customers are entitled to access, modify, rectify and delete any particulars concerning them, and may invoke the said right with Delos France. Moreover, Delos France undertakes not to communicate customer particulars to any third party, be this at no charge or for a consideration.