Terms and Conditions
Terms and Conditions
1. Acceptance of terms and conditions
All users filling in this orderpurchase
form and confirming purchase(s) acknowledge having read the following terms and
conditions. In validating your order,
you fully accept the terms and conditions described herein.
2. Order acceptance and payment
Conclusion of the sale contract is bound to the acceptance of the order
by P.E.F. Validation of payment implies acceptance of the order. P.E.F. agrees to confirm to the user acceptance
or refusal of its order by mail, telephone fax or e-mail.
P.E.F. reserves the right to cancel an order or a payment for any
reason, especially due to third party stock providers, nature of the order or
shipment problems.
P.E.F.-
11, rue la Boétie -
75008 Paris- FRANCE
The client guarantees that he has
the authorization necessary to use the means of payment he has chosen when
validated the order. For payment by card, the provisions concerning the illegal
use of payment by card in the agreements made between the client and the card
issuer, as well as between us and their bank, shall apply.
3.1. P.E.F.
1. P.E.F. agrees, once the order has been accepted, to deliver the exact
goods ordered by the user, subject to availability.
2. P.E.F. agrees to send the goods ordered within eight (8) days (only working days taken
into account) from the acceptance of the order for European Community,
USA and Canada and within 15 days (only working days taken into account) for other
countries (always subject to availability).
If the required products are not available on the day P.E.F. processes
the order, but can be restocked, they will be sent as soon as P.E.F. has
received them.
If ordered products
are not in stock at the time of processing the order and cannot be restocked,
P.E.F. will inform the user of the situation.
3.2 The client
1. The client agrees to indicate a shipping address where the goods can
be delivered during normal working hours.
2. For countries
outside European Community, USA or Canada, the client agrees to
pay the price indicated by P.E.F. as well as to pay directly to the Carrier
and/or the Forwarding Agent any additional amount that might arise due to
eventual custom’s duties and formalities, value added tax or any other taxes
levied by the local Authorities in the country of destination. No returns will be
accepted due to non-payment of custom duties.
4. Prices
The price indicated on P.E.F. is fixed and is applicable during the
whole validity noted
on the price list.of the catalogue, which is
periodically updated. It is indicated in EurosUSD. Prices
in other currencies are only an indication.
Price includes packaging and shipping. Prices are indicated
excluding transportation
and taxes. Any additional taxes or custom rights and formalities are to
be paid by the client (cf 3.2.2).
5. Transport and delivery
The goods are shipped to the address indicated by the user within 8 to
15 days from the order confirmation (cf. 3.1. 2.). The transfer of risk of the
articles arises when P.E.F. delivers the articles to the carrier. Thus parcels
are forwarded at customers sole risks.
The client can choose the
transportation type (national postmail, or express private transportation) but P.E.F. chooses
the transport company
best suited to that choice. If the recipient or anybody that can accept
the goods is absent, the transport company will leave notification of where the
goods can be retrieved. P.E.F. will not be liable for any damage due to late
retrieval or non retrieval from the transport company. Any events, not under
the control of P.E.F., such as, natural disasters, governmental decisions or
strikes within the transport company, which may interfere with the delivery,
relieve P.E.F. from its obligations. The user will not receive any indemnities
if the event extends to more than one month. In any cases, no delays in the
delivery would give rise to interest damages or cancellation of the orders.
6.1. Goods return
Complaints can only be made when the delivered goods do not match the
order or when the packaging has been badly damaged. Written complaints have to
be made to the transport company when the goods are being delivered or at the
latest 12 hours after delivery. A copy of the complaint has to be sent to
P.E.F. within 24 hours, by fax or e-mail. A confirmation of the complaint
written by the transport company, including an assessment of the damages, the
cause of complaint and the order number, should also be sent to P.E.F.. If the
number of items received does not match the order, P.E.F. will reimburse the
price difference only if the goods received have an inferior value to the goods
that had been ordered. If the goods have been badly damaged, P.E.F. reserves
the right to either reimburse the order or replace the damaged good(s).
6.2. Retraction
In accordance with Article L121-20 of the French "Code de la
Consommation", the buyer has seven (7) days, from the delivery date, to
return, at his expenses, the goods to P.E.F. in their original packaging for a
reimbursement or an exchange. If so, P & P will be charged to the buyer.
Any query can be made to P.E.F. by e-mail, fax or telephone.
6.3 Reimbursement
All reimbursement will be made via bank transfer. The beneficiary will
have to send to P.E.F. his/her banking details. French reimbursement fees will
be paid by P.E.F.. P.E.F. will by no means be responsible for paying fees
required by the beneficiary's bank.
7. Limitation of responsibility
The buyer is only responsible for the choice of goods, the way they are
kept after delivery and for their uses. P.E.F. will not be held responsible for
the non-respect of laws and legislations in operation in the country of
delivery, if other than France.
8. Litigations
P.E.F is a French company and, as such, refers to the French version of
these Terms and Conditions in case of any litigation.
If for any reason any provision of these Terms and Conditions shall be
held invalid or unenforceable, such provision shall be ineffective to the
extent of such invalidity or unenforceability without in any manner affecting
the validity or enforceability thereof in the remaining provisions hereof. Such
provision shall be replaced with the closest provision herein.
The present Terms and Conditions are governed by French law for both
content and form.
All litigation or disputes between the parties shall be brought only
before the competent court located at the headquarters of P.E.F.