General conditions of sale of products sold on EmotionForte.com

Date of last update 01/12/2020.

EMOTION FORTE
4 RUE PAGES – 34070 MONTPELLIER – FRANCE

Registered with INSEE on 29-01-2003
SIREN 448280479
SIRET (head office) 44828047900016
Intracommunity VAT no. FR81448280479
Activity (NAF or APE code) Other organisations operating on a voluntary basis (9499Z)

Article 1 – Purpose

These conditions govern the sale of books by the association Emotion Forte.

Article 2 – Prices

The prices of our products are indicated in euros and include all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and exclude processing and shipping costs.

If you order from a country other than mainland France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the association Emotion Forte.

They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the authorities and competent bodies in your country. We advise you to enquire about these aspects with your local authorities.

All orders, whatever their origin, are payable in Euros.

The association Emotion Forte reserves the right to change prices at any time, but the product will be charged on the basis of the rate in effect at the time of validation of the order and subject to availability.

Products remain the property of Emotion Forte until full payment has been received.

Please note: as soon as you take physical possession of the products ordered, the risks of loss or damage to the products are transferred to you.

Article 3 – Orders

You may place an order:

Specify the chosen method, for example:

On the Internet: EmotionForte.com
Contractual information is presented in French and will be confirmed at the latest at the time of validation of your order.

The association Emotion Forte reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, especially in case of supply problems, or in case of difficulty concerning the order received.

Article 4 – Validation of your order

Any order placed on the EmotionForte.com website implies acceptance of these Terms and Conditions. Any order confirmation implies your full acceptance of these terms and conditions of sale, without exception or reservation.

All data provided and the recorded confirmation will be considered as proof of the transaction.

You declare that you are fully aware of them.

Confirmation of the order will constitute signature and acceptance of the operations carried out.

A summary of your order information and these General Terms and Conditions will be sent to you in PDF format via the e-mail address used to confirm your order.

Article 5 – Payment

Validating your order implies that you are obliged to pay the price indicated.

Payment for your purchases is made by credit card using the secure system offered by Paypal and Payplug.

The card is not debited until the order is dispatched. In the case of split deliveries, only the products dispatched will be debited.

Article 6 – Withdrawal

In accordance with the provisions of article L.121-21 of the French Consumer Code, you have 14 days from receipt of your products to exercise your right of withdrawal without having to give any reason or pay any penalty.

Returns must be in their original condition and complete (packaging, accessories, instructions). In this case, you are liable. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.

You are responsible for the cost of returning the goods

In case of exercising the right of withdrawal, the association Emotion Forte will reimburse the sums paid within 14 days of notification of your request and via the same means of payment used when ordering.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of article L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to :

  • The supply of services which are fully performed before the end of the withdrawal period and the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.
  • The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period.
  • The supply of goods made to the consumer’s specifications or clearly personalised.
  • The supply of goods likely to deteriorate or expire rapidly.
  • The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
  • The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
  • The supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
  • The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
  • The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications.
  • Transactions concluded during a public auction.
  • The supply of digital content not supplied on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.

Article 7 – Availability

Our products are offered as long as they are visible on the EmotionForte.com website and within the limit of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers.
If a product is unavailable after you have placed your order, we will inform you by email. Your order will be automatically cancelled and no bank debit will be made.

In addition, the EmotionForte.com website is not intended to sell its products in large quantities. Therefore the association Emotion Forte reserves the right to refuse orders beyond a certain number of identical items.

Article 8 – Delivery

Products are delivered to the delivery address indicated during the ordering process, within the time indicated on the order validation page.

In the event of a delay in shipment, an e-mail will be sent to you to inform you of any consequences for the delivery time indicated.

In accordance with legal provisions, in the event of late delivery, you may cancel the order in accordance with the terms and conditions set out in Article L 138-2 of the French Consumer Code. If, in the meantime, you receive the product, we will reimburse you and the delivery costs in accordance with Article L 138-3 of the French Consumer Code.

In the case of deliveries by a carrier, the Emotion Forte association cannot be held responsible for late delivery due exclusively to the unavailability of the client after several proposed appointments.

Article 9 – Warranty

All our products benefit from the legal guarantee of conformity and the guarantee against hidden defects, as provided for in articles 1641 and following of the French Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or reimbursed.

All claims, requests for exchange or refund must be made by e-mail within 30 days of delivery.

Products must be returned to us in the condition in which you received them, with all components (accessories, packaging, instructions, etc.). Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of supporting documents.

The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.

Article 10 – Liability

The products offered comply with current French legislation. The responsibility of the association Emotion Forte can not be held liable for non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of import or use of products or services you plan to order.

Furthermore, the Emotion Forte association cannot be held responsible for any damage resulting from improper use of the product purchased.

Finally, Emotion Forte cannot be held responsible for any inconvenience or damage inherent to the use of the Internet, notably a break in service, external intrusion or the presence of computer viruses.

Article 11 – Applicable law in the event of disputes

The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.

Article 12 – Intellectual Property

All elements of the EmotionForte.com website are and remain the exclusive intellectual property of the Emotion Forte association. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site they are software, visual or audio. Any simple link or hypertext link is strictly forbidden without the express written consent of the Emotion Forte association.

Article 13 – Personal data

The Emotion Forte association reserves the right to collect nominative information and personal data concerning you. This information is necessary to manage your order and to improve the services and information that we send you.

It may also be transmitted to companies that contribute to this relationship, such as those responsible for carrying out services and orders for their management, execution, processing and payment.

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

In accordance with the law of 6 January 1978, you have the right to access, rectify and object to nominative information and personal data concerning you, directly on the website.

Article 14 – Archiving Evidence

The association Emotion Forte archive purchase orders and invoices on a reliable and durable as a true copy in accordance with the provisions of Article 1348 of the Civil Code.