General Terms of Sale
These terms are between, on the one part, Neamedia SARL capitalised at 75,000 euros, and registered with the Paris Register of Companies no.: 444 224 307. Head office: 71, rue du Faubourg Saint-Antoine 75 011 PARIS. Hereinafter referred to as “Neamedia”. Telephone: +33.(0)1.42.08.70.16. Fax: +33.(0)1.42.08.70.36. And on the other part, persons wishing to make a purchase via the online shop, hereinafter referred to as “Customer”.
These terms are intended to define the conditions of sale between Neamedia and the Customer from order placement to payment and delivery via the Neamedia online shop at the website www.lifesize-by-neamedia.com.
Any order placed on www.lifesize-by-neamedia.com constitutes a contract concluded at a distance between the Customer and the Neamedia online shop, and necessarily implies irrevocable acceptance by the Customer, without restriction or reservations, of these General Terms of Sale.
In order to allow the user to know the products they want to buy before ordering, www.lifesize-by-neamedia.com presents the features of the products offered for sale. In particular, www.lifesize-by-neamedia.com describes the dimensions, colour, material and finish of the products. The selection and purchase of a product is the sole responsibility of the Customer.
The Customer is invited to refer to the description of each product in order to know the properties and the characteristics, particularly with regard to the desired characteristics. Any order implies acceptance of the price and description of products available for sale. The Customer has the opportunity to modify his cart before the final confirmation, this last step formalising the contract of sale between Neamedia and the Customer.
Neamedia undertakes to honour the orders received on the Internet site solely within the limit of available stocks of products. In the event the product is not available, Neamedia undertakes to inform the Customer. The sale will not be considered final until after the Neamedia online shop has sent a confirmation of the order by e-mail to the Customer, and after receipt of the full price by Neamedia.
Charges and Payment Terms
The prices are indicated in Euros on the website www.lifesize-by-neamedia.com and include all taxes.. The price fixed at the time of purchase is firm and final. It does not include the costs of delivery which will be added and which will be indicated in the order confirmation.
For a delivery within the European Union, prices includes the VAT applicable on the day of the order. They are therefore indicated VAT included. No other customs duties or VAT will apply for a delivery within the European Union. Any change in the applicable rate will be reflected in the price of the products in the catalogue.
For delivery outside of the European Union, the Customer will have to pay the customs duties, VAT or other taxes due on products imported into the country where the delivery is made. The formalities relating thereto are also at the exclusive charge of the Customer, unless otherwise indicated. The Customer is solely responsible for checking the possibilities of importing the products with regards to territorial laws in their country.
The products for sale are charged on the basis of the rates in force at the time of confirmation of the order by the Customer. The price indicated in the placement of the order and the confirmation by the Neamedia online shop is the final price. The product offerings are valid as long as they are visible on the site, within the limits of available stocks. The Neamedia online shop reserves the right to change prices at any time.
When ordering, Customers are requested to ensure that the price of the products to which they refer corresponds to the price appearing on the updated page of the site www.lifesize-by-neamedia.com and not on an outdated page to which they might have had access by an Internet search in “cache” mode.
The data communicated by the Customer and recorded by the site www.lifesize-by-neamedia.com during the order constitute the proof of the transactions between the Neamedia online shop and the Customer. After confirmation of the order by the Customer, the Neamedia online shop will send a confirmation e-mail to notify him that the order has been properly registered.
The price of products purchased is payable in full on the date of the order placement by the Customer, Neamedia will not obliged to carry out the delivery of the products ordered by the Customer if the price has not been previously paid in full. Ownership of the goods is only transferred to the customer after full payment of the price by the latter. The transfer of the risks related to the loss and deterioration of the products will occur upon receipt by the Customer.
Delivery fees are indicated on the website www.lifesize-by-neamedia.com and are expressed with all charges included. These charges are the responsibility of the Customer and are charged in addition to the selling price of the products. The Customer will be informed of the delivery charges related to his order prior to the final submission of his order, and the payment the Customer will be asked for is the total amount of the purchase.
The Customer may choose to pay for his purchases:
- On line by bank card:
Carte Bleue, Visa and Mastercard. The Customer’s account will be charged only upon shipment of items in stock. If the product is depleted or unavailable, the card will only be charged for the amount of products actually sent.
- On line by PayPal.
- By cheque issued by a bank domiciled in France or by interbank transfer by contacting email@example.com and obtaining a purchase order.
Payment of the full price is due at the time of the order. The Customer undertakes to settle the price stipulated for the product ordered on the site (the price of products and transportation) as well as to pay or arrange payment, if necessary, directly to the freight forwarder or carrier, customs duties, VAT or other taxes due on the importation of the products in the country where delivered. Customer warrants to Neamedia that he is authorised to use the mode of payment by card when the order is made.
Default of payment – Reservation of Ownership
The products ordered shall remain the property of Neamedia until the final payment of their prices in accordance with the terms of Act no.80 335 of May 12, 1980. Neamedia reserves the right to claim the products ordered in case of payment default. In such a case, and upon first request by Neamedia, the Customer undertakes to return any product not paid, all at his own expense.
The geographical area of delivery corresponds to the geographical coverage area of the offer. In case of a request for delivery outside these areas, Neamedia reserves the right to waive in the following conditions.
Products acquired by the Customer will be delivered within a maximum period of thirty days following the day of the order to the address provided by the user when ordering on the website www.lifesize-by-neamedia.com, unless otherwise expressly stated on the site. If this time limit is exceeded, and not justified by a case of force majeure, the Customer can request cancellation of the sale under the conditions set forth in article L. 114-1 of the Consumer Code and obtain reimbursement of sums paid at the time of the sale.
Except in specific cases or unavailability of one or more products, the products ordered will be delivered in a single delivery. The deliveries are insured by an independent carrier. Neamedia recommends that the Customer proceeds to establish the state of the products delivered before signing the acknowledgement of receipt of the package.
If he finds anomalies, he must refuse delivery of the products and/or send precise details in writing and dated. These concerns must be confirmed with the carrier by registered letter with confirmation of receipt within three (3) working days following the delivery of the products. A copy will be addressed to Neamedia at Neamedia Customer Service, 71 rue du Faubourg Saint-Antoine 75,011 Paris, FRANCE or by email to the following address: firstname.lastname@example.org. Past this deadline and failing to comply with these formalities, the products will be deemed to comply and be free of any apparent defect and no cancellation can be validly accepted by Neamedia. Neamedia will replace, in the shortest possible time and at his own expense, products delivered whose apparent defects or compliance faults will have been duly proved by the Customer. In case of return due to an error in delivery, any non-conforming product must be returned in its entirety and in its original packaging accompanied by the delivery slip to:
Neamedia Customer Service
71, rue du Faubourg Saint-Antoine
75 011 Paris, FRANCE
The non-conforming product will be automatically refunded if the latter was not available, within a period of 30 days from the date of payment of sums paid by the Customer. The cost of returning non-conforming product will be the responsibility of Neamedia.
Right of withdrawal / Return / Exchange
The Customer has, within a period of fourteen (14) working days from the date of delivery of his order, a right of return, at his expense, for exchange or refund, products which do not suit him in accordance with article L 121-16 of the Consumer Code. If this time expires on a Saturday, Sunday, public holiday or non-working day, it is extended to the next working day.
The product returned must be in its original condition and packaging. It should not have been used, or have suffered from any deterioration whatsoever and be in a state of perfect cleanliness. This right of withdrawal is exercised without penalties, with the exception of the cost of return.
Within a maximum period of 14 days from the receipt of the product, the Customer will be reimbursed of the sums paid. For this purpose, he will provide Neamedia with his bank details.
To exercise his right of withdrawal, the Customer must send Neamedia the withdrawal form or any other clearly worded declaration of intention to cancel to Neamedia Customer Service, 71 rue du Faubourg Saint-Antoine 75 011 Paris, FRANCE or by email to the following address: email@example.com.
In any event, the products sold come with the legal guarantee against latent defects as set forth by article 1641 and its following articles of the Civil Code.
Freedom and Information Technology
The Customer is informed that the information related to his order is the subject of automated data processing.
In application of the law 78-17 of 6 January 1978, it is noted that the nominative data which are requested from the Customer are required for the processing of his order and are intended for internal use by the Neamedia online shop. These personal data may nevertheless be transmitted to third parties, partners in the Neamedia online shop. With regard to the information about them, under the conditions set forth by the Act and the regulations in force, the Customer has a right of access, change, correction and deletion of this information by contacting customer service by e-mail at firstname.lastname@example.org.
This automated processing of data is intended to define a level of analysis of a transaction and to combat fraud against the credit card. The Neamedia online shop can ask the Customer for supporting documents (proof of identity on behalf of the card holder, proof of residence, etc. ). In the event the Customer refuses to communicate these documents or information, the Neamedia online shop will cancel the order and proceed to reimbursement of the product.
The occurrence of an outstanding debt on the grounds of a fraudulent authorization of a bank card and irregular or misleading declarations by the Customer will result in the contact details concerning the order associated with this outstanding payment being entered in a payment incident file managed by the Neamedia online shop.
Governing Law – Disputes
This contract is governed by French law. All disputes that may arise from this contract about its validity, interpretation, execution, termination, their consequences and repercussions shall be submitted to the competent court with jurisdiction over Neamedia.