GENERAL - TERMS AND CONDITIONS
The business activity of Constantin Mardoukhaev is the creation, design and commercial operation of the brand LIFE IS PATMOS.
The company (hereinafter referred to as "Constantin Mardoukhaev"), Auto-entrepreneur, where the head office is situated at 32 rue d'Alleray 75015 Paris, registered with the CRN of Paris (RCS de Paris) N° SIRET 84844791800014
All non-trading individuals, having the juridical capacity to enter into a contract, exclusively residing in the countries where deliveries are made by LIFE IS PATMOS (hereinafter referred to as "the Customer") and carries out a purchase of a Product on the Site.
For the purposes hereof, it is agreed that the Customer and Constantin Mardoukhaev will collectively be called the "Parties" and individually the "Party".These general conditions, (hereinafter referred to as the "General Terms and Conditions for Sales"), governs unrestricted sales of the Products carried out by Constantin Mardoukhaev for LIFE IS PATMOS from the Site.
Constantin Mardoukhaev reserves the right to change at any given moment the present General Terms and Conditions for Sales by publishing a new version on the Site. The General Terms and Conditions for Sales applied are those that are in effect on the Site on the date that the Customer places an order; understanding that any order of a Product placed on the Site, binds the Customer to the General Terms and Conditions for sales in force at the time when the order is placed.
ART 1 - Object
These General Terms and Conditions for Sales are intended to define the conditions under which the Products are marketed by Constantin Mardoukhaev to the Customer. They deal with the different steps in the sales progress from the moment the Customer places his order.
ART 2 - Products
Products offered for sale by Constantin Mardoukhaev are those listed on the Website the day of their consultation by the Customer; it being understood that the photographs illustrating the products are not contractual. Each product will be a description, which, in addition to photography, includes: price, photography, availability of sizes and colors, compositions and special features. Small differences may exist between the product and its photography, depending on the screen resolution and the definition of colors of the screen of the computer of the user. Constantin Mardoukhaev is committed to delivering products that meet the applicable regulations relating to safety and health in accordance to the European clauses, and in particular the legislation on chemical regulations.
ART 3 - Price
The prices are indicated in euros, tax included, and delivery costs excluded; understanding that the value added tax is that which is in force on the French metropolitan territory on the day that the order is validated. The prices applied are those given on the Site and confirmed when the Customer confirms his order. The delivery costs are shown on the order summary before the Customer confirms the latter and includes all taxes. These costs are at the expense of the Customer and are invoiced in addition to the sale price of the Products. The transfer of risk for loss and damage to the Products will be made after delivery and receipt of the Products by the Customer. We reserve the right to modify our prices at any moment but will apply the current rates as indicated to you on the site at the time the order was placed. We would like to inform you that if an obviously incorrect price appears on our website (a price that is clearly too low, for example), and for whatever reason (IT bug, human error, technical error etc.), your order will be cancelled, even if it has been initially validated.
ART 4 - ORDER AND PAYMENT OF THE PRODUCTS
-4.1 Placing an order : The Customer completes his order by filling in the following 5 steps :
- Step 1: The Customer selects the chosen Products and adds them to the shopping basket after having selected the desired size and colour.The basket at the top and to the right of the screen shows the Customer that it has taken into account his selection by indicating the number of Products it contains.
- Step 2: The Customer may check the contents of his basket by clicking on "order" to have access to the summary of his order. The Customer may change his order (Product, size, quantity). The total amount of the order, taxes included, are shown in the summary and are distinguished by the price of the Products and the delivery costs.
- Step 3: Once the order has been checked and, if necessary, changed, the Customer validates his basket in order to finalise his order by re-clicking on "order". If the Customer has a promotion code, reserved for best Customers, he must enter it in the space provided, in order to take advantage of this promotion.
- Step 4: Input by the Customer for delivery and billing details. It is necessary that all the fields are filled in for the finalisation of the order; understanding that unless the Customer gives different instructions, the billing address will automatically be the same address for the delivery.If the Customer has previously ordered on the Site, then he has a Customer account. If this is the case, he may identify himself using only his email address and password.The Customer then checks all the information and clicks on "validate" for the follow up of his order.
- Step 5: Input of banking details. The Customer then accesses the screen for secure payment with the partner of Constantin Mardoukhaev as specified in article 4.3 below.Payment carried out online is uniquely paid by credit card. The Customer must enter his credit card number, the validity date, as well as the 3 visual cryptogram numbers found on the reverse side of the card. If the payment is accepted, the Customer will be redirected to the screen where the order is confirmed on the Site. In the case where the payment fails, the Customer will have up to 3 attempts to re-enter his banking details. After the 3rd attempt, the Customer will be redirected to a screen on the Site that shows the refusal for payment. The Customer will be invited to contact the Customer service, to find out the reason for the non payment, and to find a solution to finalise the order.
-4.2 Confirmation of the order :
As soon as the payment is accepted, the Customer will receive an email confirming his order, summarising the articles ordered, the billing and delivery address as well as the delivery date. The validation of the order by the Customer and the confirmation of the order is sent to the Customer by email by Constantin Mardoukhaev on behalf of LIFE IS PATMOS, following the payment being accepted and concludes a sales contract between the Parties and acceptance of the General Terms and Conditions for Sales. The Customer having placed an order has the possibility to print his invoice by connecting to the follow-up of orders space provided for on the Site. Constantin Mardoukhaev reserves the right to not validate an order in the case of : abnormal or abusive claims, abnormal order with regards to the quantities ordered, abnormal or abusive exchanges or returns, existing litigation with the Customer. The LIFE IS PATMOS customer service is available for all questions relating to the customers order. The Customer service is available by mail (firstname.lastname@example.org).
The price of the Products purchased are payable in full on the day that the Customer places the order. The payment is carried out online with a bank card (Carte Bleue, Visa, Eurocard/Mastercard) or with Paypal at the time when the order is confirmed by the Customer. The request for a direct debit on the card is carried out the moment that the order is validated on the site, except if the servers are unavailable. Constantin Mardoukhaev reserves the right to carry out a new request for a direct debit in the case where the first request was not successful due to the unavailability of the servers. In the case of non-payment, an incorrect address or any other problem with the Customers account, Constantin Mardoukhaev reserves the right to block the Customers order until the problem is resolved. In the case of fraudulent use of his credit card on the Site, the Customer is invited to contact LIFE IS PATMOS by email at the following address email@example.com. The transactions carried out on the Site are secured by the payment partner of Constantin Mardoukhaev, the company STRIPE. All information exchanged to process the payment is encrypted thanks to the SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by a third party. At no time does the financial data of the Customer pass through the computer system of Constantin Mardoukhaev. STRIPE verifies that the connection with the Customers navigator is secured before sending the payment form to the banking institution that carries out the financial transaction. STRIPE is a technical service, and does not deal with litigations linked to the orders which are processed directly by the Customer service as specified above or if need be with the Customers bank.
-4.4 Filing of an order
The confirmation of an order is registered on the records of Constantin Mardoukhaev, which are stored on a reliable and sustainable support. The Customer accepts that the confirmation of an order is considered to be proof of the contractual relationship between the Parties.
ART 5 - DELIVERY
The day following the payment for the order, LIFE IS PATMOS delivers the orders with a delivery note within a maximum delay of six (6) working days for a delivery to France mainland, and twenty (20) working days for a delivery to all other destinations. All orders registered on the Site, Monday to Friday before 13h00 will be processed the same day; after 13h00, they will be processed the next day. All orders placed on Friday after 13h00, on Saturday and Sunday will be processed the following Monday; understanding that orders placed on bank holidays will be processed the next working day. In the case where the delivery delay is exceeded, and not justified by a force majeure, the Customer may request a cancellation of the sale and obtain a refund within a maximum delay of thirty (30) days. For orders outside of France, when the exported package reaches its destination, the recipient must pay the taxes or customs duty that apply to the country of destination. Local authorities can provide this information.
ART 6 - RECEIPT OF THE ORDER / CLAIMS / RETURNS
The Customer is responsible for checking the conformity of the Products received pursuant to the order when delivered. All abnormalities concerning the delivery such as : Damaged package or product . Missing products, . Product non compliant to the order, must be addressed within legal delay after receipt of order. This notification will be conveyed to the LIFE IS PATMOS Customer service either by registered mail, by writing to the following address: Constantin Mardoukhaev - 32 rue d'Alleray - 75015 PARIS, or by email to (firstname.lastname@example.org). After this delay, and apart from hidden defects, no claim will be accepted by Constantin Mardoukhaev, the Products are therefore considered to be conform. To return non-conform products, the Customer must respect the following procedure. The Customer must enclose in his package the return authorisation sent by the customer service mentioning a return number. Products must be returned in their original packaging, or in any package protecting the product from damage, with labels and any accessories, in perfect condition to be sold again on the website to this address : Constantin Mardoukhaev - LIFE IS PATMOS – 32 Rue d'Alleray, 75015 Paris - France - France. Returns are at your expense from France and Europe (excluding defective items), exchanges are free of charge.. When the non-conformity is acknowledged, Constantin Mardoukhaev will propose to the Customer either the replacement of the Product/s, at the expense of Constantin Mardoukhaev, or the refunding of the order (Product price and delivery cost) as well as the expenses incurred for the return of the non-conform Product, within a delay of fifteen (15) days from the date that the notification confirming the non-conformity was sent by the LIFE IS PATMOS Customer service In the case of a refund, Constantin Mardoukhaev assures to refund in full the products returned conform, as well as the shipping expenses, with the exception of the taxes and custom duty paid by the Customer for the delivery. In the case of abnormal or abusive claims, Constantin Mardoukhaev may refuse to accept future orders.
ART 7 - RIGHT OF WITHDRAWAL
The Customer has, within a period of fifteen (15) working days from the date of receipt of his order to return the Products, without any justification or penalty. For all returns within the context of the right of withdrawal, the procedure below must be completely respected: The Customer must enclose in his package the return authorisation sent by the customer service mentioning a return number. The Products must be returned in the original packaging, with their labels, and any accessories, in perfect condition to: Constantin Mardoukhaev - LIFE IS PATMOS – 32 Rue d'Alleray, 75015 Paris - France. Returns are at your expense from France and Europe (excluding defective items), exchanges are free of charge. Subject to the conditions stated above about defective items, Constantin Mardoukhaev will refund the total amount of the order, including tax, to the Customer (Product price and delivery costs) including the return costs. The Customers bank account will be credited with the said amount, within fifteen (15) days from the date when LIFE IS PATMOS receives the Products.
ART 8 - PERSONAL DATA
Constantin Mardoukhaev collects certain information that is necessary for the processing of the orders.This data is not only necessary for the processing of the Customers order by Constantin Mardoukhaev, but also to convey to the Customer information on the LIFE IS PATMOS brand name on the Site, or to allow him to take advantage of LIFE IS PATMOS promotions; if the Customer agrees when confirming his order. The information is strictly confidential and when necessary is identified by an asterisk (*) for Constantin Mardoukhaev, and / or its contractors as part of the management of the Customer's order.Following any injunction or in order for legal authorities to defend its rights, or those of its employees, customers or anyone else, Constantin Mardoukhaev may disclose such data to organisations and legal authorities entitled to this information. Constantin Mardoukhaev is committed to taking all precautions to ensure the security of its files and to protect its computer system, and to prevent the information of the Customer being distorted, damaged or a non-authorised third party having access to this information. The personal information of the Customer is sent and stored at the hosting site which is situated in France, whose details are shown on the site under the section "Legal Notice".According to the "Data Protection and Civil Liberties Law" of January 6, 1978, as amended by the Act of August 6, 2004, the Customer has the right to access, rectify, modify and delete all data pertaining to him. The site is registered with the National Commission for Information Technology and Civil Liberties (CNIL) N° XXXXXXX v0. The Customer may exercise this right by writing to the following address or email address, stating their name, email and mailing address : Constantin Mardoukhaev / Eshop LIFE IS PATMOS 32 rue d'Alleray - 75015 PARIS - France email@example.com
ART 9 - Cookies
ART 10 - Limitation of liability
Placing an order on the site implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, queries or information transfers, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all risks related to the use of the Internet network. Constantin Mardoukhaev can not be held responsible for any direct or indirect damage resulting from misuse or incident related to the use of the computer, Internet access, maintenance or malfunction of servers, telephone line or any other technical connection, the customer's connection to the site is under his sole responsibility.
ART - 11 Force majeure
Constantin Mardoukhaev will not be responsible for the total or partial non-execution of its obligations under the order placed by the customer, if this non-execution is caused by an event constituting a case of force majeure as defined by positive law. In such a case, customer service will inform the customer of the occurrence of such an event within 3 clear days following its occurrence, by e-mail. After a period of one month and in the event that the event constituting a case of force majeure persists, the order will be cancelled and will be reimbursed by Constantin Mardoukhaev on the credit card used to place the order within a maximum period of 30 days.
ART - 12 Applicable law
If any of the terms of the present G.C.V. are found to be null, illegal or unenforceable by a court decision, the other provisions of the G.C.V. will remain in force. The C.G.V. are executed in accordance with French law. In case of disputes, the customer will address by priority to Constantin Mardoukhaev to obtain an amicable solution and in the absence of agreement, the courts of common law will have exclusive jurisdiction.