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General Conditions Of Sale
These conditions of sale are established between the company WEB DESTOCK PARADISE, SL - Avenida de la CUANA nº 23 bajo – ROSAS 17480 (GIRONA), SPAIN, and, individuals wishing to make a purchase on the internet web site www.destockparadise.com hereinafter referred to as "User".
The parties agree that the present contract will regulate exclusively their exchanges.
Should it become apparent that a condition of sale is missing, the exchange will be regulated in accordance with current customary uses and practices in the direct order industry and the professional code as established by the Direct Sales Association.
The conditions of sale have as objective the definition of the terms of sale between the company WEB DESTOCK PARADISE and the user from order placement through after sales client service including payment and delivery of ordered merchandise.
The conditions regulate all the necessary steps for the realizing of the order and guarantee the administration of said order between the contracting parties.
The user may place an order through the online device by selecting the "Confirm your order" key from the product catalogue presented on the internet site www.destock-paradise.com
To place an order, the user must communicate certain information :
- If the user is currently a client, the user will communicate his/her electronic mail address and the password that is strictly personal,
- For a first order, the user will complete an application to open a client account.
The action of placing an order implies an entire and complete acceptance of the price, the description of the products sold and of the general conditions of sale, which are the only applicable ones to the transaction concluded.
Only articles available in stock are placed for sale on line. The order number is communicated to the user after acceptance of the transaction by the bank. The confirmation of sale and the order number are sent to the user by electronic mail. In the event an article becomes unavailable independently of our desires, a notification of unavailability will be sent to the user by electronic mail and the user will receive a purchase certificate equal to the value of the unavailable article and valid for three (3) months.
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Article 3 - Shipping and Delivery |
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To ensure the user a dependable and efficient delivery service, WEB DESTOCK PARADISE has selected two (2) delivery service providers :
The French Postal Service hereinafter called "La Poste"
The La Poste Colissimo home delivery service. The shipping costs are indicated on the web site during the order confirmation process.
Deliveries are made Monday through Saturday. In the event the user is absent during an attempted delivery, a notice of passage is deposited in the user's mail box explaining the necessary procedure to follow to obtain the package.
UPS
The Standard or Express UPS delivery service based on the user's geographic zone. The shipping costs are indicated on the web site during the order confirmation process.
Deliveries are made Monday through Saturday. In the event the user is absent during an attempted delivery, the delivery company UPS will contact the user to explain the necessary procedure to follow to obtain the package.
Regardless of the chosen delivery option, the user may if desired choose to have the delivery made to an address other than the personal or billing address ; the user must specify the delivery address during the order process under the header "delivery address and shipping mode". The average delivery time observed for in-stock articles is approximately 4 business days from the time of acceptance of the payment by the bank Banque CIC.
To follow the status of current orders, the user is advised by electronic mail and may consult the user account on the site www.destockparadise.com.
The delivery and shipping rates are not permanent and are subject to modification at any moment by our shipping service providers. The applicable shipping rates will be those in effect at the time of validation of the purchase.
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Article 4 - Secured Payment by Credit Card |
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Payment is made immediately, online, and exclusively by bank or credit card :
CARTE BLEUE, VISA, MASTER CARD.
Payment is made with our banking partner's secured bank server. The details of the user's bank or credit card are encrypted using the SSL protocol and never transit uncrypted on the network.
When the user confirms the order, the payment request is routed in real time by the bank Banque CIC's secured telepayment management system. The latter adresses a authorisation request to the banking card network.
The telepayment management system delivers an electronic certificate.
Prices are indicated in Euros, all applicable taxes included. They include the value added tax applicable in Spain on the day of the order transaction.
All modification to the applicable tax rate may be reflected on the product prices. After that date, the prices are subject to modification at any moment.
The prices applied are those in effect at the time of validation of the purchase.
The shipping costs are invoiced over and above the product price.
All articles may be exchanged or reimbursed by purchase certificate only with the exception of those products bearing an indication to the contrary.
The shipping costs relative to an exchange of products or return of a product by a unsatisfied user are the sole responsibility of the user.
In the event the exchange or return of a product is the result of an error made by WEB DESTOCK PARADISE, the shipping costs are fully refundable by purchase certificate.
All articles are subject to a contractual guarantee that does not preclude the legal guarantees.
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Article 6b - Cancelation Policy |
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The user has a seven (7) day period from the time of reception of the package to return any ordered products in their original shipping boxes. Any associated shipping cost or pick-up costs are the sole responsibility of the user.
The return shipment must be made by certified with a receipt of reception. In the event this clause is not respected, WEB DESTOCK PARADISE declines all responsibility should a returned package not be received.
Upon reception of the returned product by WEB DESTOCK PARADISE, WEB DESTOCK PARADISE will send the user by electronic mail a purchase certificate equal to the purchase value of the returned product
Under condition that the product, in its original packing material, was not damaged by the user or is not missing parts.
Should the user decide to cancel an order placed via the internet, the user may send an electronic mail to contact@destockparadise.com clearly indicating the following : the complete user name, the user client number, the order number.
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Article 7 - Signature and Proof |
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The user must create a client account on the site www.destock-paradise.com and the user will have access to said account by electronic mail using a password which is strictly personal.
The online indication of the bank or credit card number and the validation at the end of an order transaction will constitute the proof of said order in accordance with the legal dispositions in effect which will permit the claim to the order amounts.
This validation has signature value and implies acceptance of all the transactions realized on the web site www.destock-paradise.com.
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Article 8 - Responsability |
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As regards all the steps for access to the web site from the order of a product to the delivery or further services, the company WEB DESTOCK PARADISE has only an obligation of means.
The company WEB DESTOCK PARADISE declines all guarantees and all responsability for inconveniences or damages inherent to the use of the Internet network and more specifically to a disruption in the use of the service, an exterior intrusion or the presence of a computer virus or all acts considered to be acts of God by the legal system.
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Article 9 - Processing of Personal Information |
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In application of the law 15/1999 of 13 December concerning the Protection of Personal Information, the user is advised that all data given by the user which proceeds from the order, which are incorporated into the WEB DESTOCK PARADISE, SL Client List and which have as final purpose the administration of the order, its payment as well as the sending of product and service advertising by WEB DESTOCK PARADISE and as well as other companies in relation with the teleservice, finance, leisure, consumer goods industries, energy, water, and ngos,
The WEB DESTOCK PARADISE client files are duly registered with the Spanish Agency for the Protection of Data.
WEB DESTOCK PARADISE, SL guarantees the confidentiality of all data facilitated by its clients. Furthermore, in addition to the minimum guarantees established by law, the collection and treatment of data is undertaken under security levels which prevent their loss and their manipulation.
In accordance with laws and regulations in effect, all users and clients of WEB DESTOCK PARADISE have the right of access to, of correction to, of a free hand and opposition to these data. In addition, at any moment, the client or user may express the desire to NOT receive advertising from WEB DESTOCK PARADISE or a third party. To exercise their rights, the users or clients may send an electronic mail to the address contact@destockparadise.com specifying in detail the modification they wish to bring.
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Article 10a - Intellectual Property |
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The structure, texts, images animated or not, sounds, the know-how, programs or software, the database as well as all other elements composing this site are the exclusive property of WEB DESTOCK PARADISE and are protected in accordance with the Code of Intellectual and Industrial Property. Reproduction of, total or partial representation of this site, all extraction from the data base by whatever procedure without the express authorisation of WEB DESTOCK PARADISE is forbidden.
The user who has at disposal an internet web site and who wishes to establish a link with WEB DESTOCK PARADISE for personal use is obligated to request authorisation from the company.
In the case of the latter, this is not considered to be an implicit convention of affiliation.
However, all back links to the web site WEB DESTOCK PARADISE, SL using framing or in line linking techniques are formally forbidden.
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Article 10b - Intellectual Property of Brand Names |
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The brand names and commercial names mentionned on the internet web site www.destockparadise.com belong to their respective owners.
The conditions of sale described hereabove constitute a total agreement between the parties.
In the event that one of these clauses should be declared nul and void by law as the result of a change in the laws and regulations in effect, of the norm or because of a legal judgment, this will not affect the remaining articles of the present contract.
The present conditions are applicable during the entire period of time that online services offered by WEB STOCK DESTOCK.
The computarised registers are saved in the computer systems of the company OpenResources Ltd, servicer and home to the site WEB DESTOCK PARADISE, the latter under conditions of reasonable security. These registers will be considered as proof of communication, orders and payment for products by this part.
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Article 14 - Conservation and Archiving of Transactions |
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The archiving of orders and invoices is made on a dependable and lasting media to correspond to a dependable and lasting copy.
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Article 15 - Applicable Laws and Competencies |
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The present conditions are regulated by Spanish law. To interpret the present contract or to resolve any doubt or disagreement, the parties will submit themselves to the jurisdiction of the commerce courts of Girona, Spain.
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