| 1. Introduction
The sales of CMA Shopping are subjected to the present general conditions which prevail on any other stipulation emanating of the purchaser. Any order addressed by the purchaser carries his adhesion without restrictions nor reserves on the present general sales conditions.
In addition, the present general sales conditions have the aim of informing possible purchasers on the conditions under which the salesman carries out the sale and the delivery of the ordered products. The simple fact for the purchaser of clicking on an icon allowing him to be informed of these general sales conditions and to order a product pursuant to the present general sales conditions, will be worth irrevocable and final assent on behalf of the customer on all the provisions appearing in the general sales conditions.
2. Formation of the contract and orders
The orders placed by the intermediary of site CMA Shopping engage the purchaser as of the reception of the order given by the purchaser on the Web site or received by mail.
The information provided by CMA Shopping allows the customer, before the contract conclusion, to know the essential characteristics of the product which it wishes to order.
The photographs present on the Web site are only indicative and engage CMA Shopping by no means.
However, in the event of modification of a product, the chart of this one could not engage the responsibility of CMA Shopping nor to even affect the validity of the sale.
The offers are valid only within the limit of available stocks.
As soon as the customer recorded or sent his order, it is considered having accepted with full knowledge of the facts and without reserve the prices, volumes and quantities suggested with the sale and ordered.
CMA Shopping recommends to the customer to store these information on a paper document or data processing.
3. Prices
The selling prices of the articles which are indicated in Euros or US Dollars are those in force at the time of the recording of the order and do not include possible transport charges.
The selling prices of the articles can be modified constantly. This modification will be notified to the Customer before the treatment of his order.
The sending costs are supported by the Customer and are charged in supplement of the price of the articles according to the total weight of the ordered articles.
4. Payment
The articles are payable with the order by payment made via PayPal secure servers.
5. Choice of the articles and advices
The customer having taken knowledge of the articles characterized and marketed by CMA Shopping has, under his own responsibility and according to its needs such as it determined them, chosen the articles being the subject of its order. Moreover, the Customer that is the only to know the other materials it uses, is the only judge of the compatibility of the articles ordered with those used by him.
6. Livraison et réception
To the extent of its abilities, CMA Shopping is committed dispatching any article ordered within 72 hour (after reception of the payment), if the article is available (CMA Shopping engages, as far as possible and within 48 hour after report, to indicate any article exhausted on its site). However, the delivery dates are given as an indication and CMA Shopping could not be held responsible by any means in the event of delay of delivery. In particular for the international orders.
Concerning the virtual articles such as E-book, CD or all other products being presented in the form of computer files, they are either downloadable after their payment on the site, or are immediately dispatched in the form of download links by E-mail. In any cases, the order will be the subject of a request for confirmation by email return.
Each order is treated as of reception of the payment. For any order of less than 30 kg, forwardings are ridges by the mail service of the countries concerned. The orders of more than 30 kg will be conveyed by UPS.
The conveyors are responsible in the event of damage, of loss, delay or of lacks: the purchaser will have to exert his recourse against those.
If the delivered articles are not in conformity in kind or in quality with the specifications indicated in the delivery order, the Customer must, under penalty of forfeiture, formulate his complaints in the 7 days after delivery.
7. Rétractation
All the sold articles benefit from the clause "satisfied or refunded" during 7 days as from the delivery date, except contrary specification indicated on the website and except virtual or downloadable products. The articles must imperatively be turned over according to indications' being reproduced on the Web site, in a perfect state of resale, their packing of origin, duly sealed.
With defect, all expenses of repairing the article would be due by the customer.
The expenses related with the return of an article are the responsibility of the purchaser. An article must never be returned without prior agreement of CMA Shopping which will allot a return number to the article.
8. Reserve property
The salesman preserves the marketed products full and whole property until the perfect payment of the principal price, expends, port and inclusive of tax. The risks transfer relating to the article will be carried out by the conveyor at the time of the handing-over of the ordered articles. It thus rests to the Customer to contract with his expenses, an insurance, in order to cover all risks, in particular degradation and loss.
9. Guarantees
The sold articles profit from a guarantee of the manufacturer whose general conditions vary from one manufacturer to another. The Customer will be considered to have consulted them. Are excluded from this guarantee, any article modified or repaired by the Customer or any other unauthorized by the Salesman, like all the articles being the subject of a contract of assistance and specific maintenance.
Any return of article, in accordance with the above mentioned guarantee must be the subject of prior agreement with the Salesman. For this purpose, the Customer will contact the after-sales service of CMA Shopping. If the article is recognized like defective, the Salesman will transmit to the Customer a number of return of the article. The defective article must be returned in its packing of origin and be accompanied by the number of return which was communicated to the Customer by the Salesman. All expenses and risks related to the return are under the responsibility of the Customer.
The present guarantees are exclusive of any other guarantee and in particular of the guarantee of result as for the satisfaction of the specific needs for the Customer.
The Customer has a 3 months deadline, starting from the date of the invoicing, to lodge his request.
10. Responsibility
The Salesman could not see his responsibility committed by any means and specifically for any direct or indirect damage.
11. Avoidance clause
In the event of partial or total inexecution of even one of the obligations of the purchaser, the salesman will have faculty to put a term at the present contract. The anticipated cancellation of the contract by the salesman will not discharge the purchaser from the whole of his obligations rising from this contract and contracted before its cancellation. In particular, the purchaser will be held with the payment of any sum due to the salesman in application of the aforesaid contract. In the absence of payment of the sums which are due by the purchaser within fifteen (15) days as from the date of cancellation of the contract by the salesman, this last will have faculty to start any procedure enabling him to recover the amount of the which had sums, to apply the provisions relating to the clause of reserve of property, without damage of possible damages which could be due by the purchaser to the title of the inexecution of its contractual obligations.
12. Attribution of jurisdiction
The present general conditions are under control of the Brazilian right. For all the disputes relative to the present contract between the salesman and the purchaser, the commercial court of Rio de Janeiro will be only qualified.
13. Respect of the private life
The customer has a right of access and of correction to the data relating to it and preserved by CMA Shopping. Thus, the customer can require that informations relating to his person which are inaccurate, incomplete, ambiguities, out-of-date or whose collection or use, communication or conservation are prohibited can be rectified, supplemented, clarified, updated or erased.
Within the framework of its activities, CMA Shopping collects addresses e-mail, name, addresses... Those neither will be yielded nor resold to anyone.
To exert this right, you must contact CMA Shopping.
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