General terms and conditions of sale
The user acknowledges having read the following general terms and conditions of sale regarding the use of this website and pledges to respect them. The user pledges to read the general terms and conditions of sale mentioned below before any purchase. The structure of this site and each elements composing it are Asterions's rightful and exclusive ownership and patent right. Any form of reproduction, extraction or representation in full or in part of the site or of any of the element composing it, for whichever reason, whichever form it may take is forbidden, the same goes for its change, modification, adaptation or use in whichever way. In due agreement with the law #78-17dating from January 6th 1978 , regarding digital data, files and liberties ; you are entitled to an access and possible change of your personal data. You can exercise this right by writing to : Asterion 1286 route du bas privas-69300 Charly. The company Asterion is the sole and only beneficiary of the information entrusted to it. It does its best to update the information on the site. Yet it cannot guarantee these information are correct, accurate and up-to-date. The user acknowledges having the skills and means necessary to use this site. As a consequence the company can in no way be made accountable for any sort of damage of whichever nature, which might have arisen from using this site, especially in a wrongful use of the later, lack of availability of some information and/or presence of a virus.
The user is made aware of the fact that this agreement regarding the content of the present general terms and conditions of sale do not require a hand-made signature if this document, to the extent that the customer wants to order online the products displayed withing the mainframe of this webshop. The webshop set up by the Asterion company mentions the following pieces of information :
Clause 1 : conditions in their entirety
The aforementioned conditions express the obligations in full of the two parts. To this extent the consumer has to accept in whole all of the conditions. No condition of sale general or specific mentioned in the documents mailed or handed out by the consumer can be integrated in these conditions if those documents were unsuitable to the general terms and condition of sale.
The purpose of these general terms and condition of sale is to define the rights and duties of the seller and buyer within the frame if the online sale of goods and services offered by Asterion company to the consumer.
Clause 3 : coming into force- Duration
The present general conditions and terms of sale come into force on the date when the ordering form is signed. The present general conditions of sale are agreed upon for the lapse of time required to the completion of goods ad services subscribed, up to the end of the warranty period due by the Asterion company.
Clause 4 : electronic signing
The « final click » of the customer on the ordering form amounts to an electronic-digital signature which has, between the two parties, the same value than a hand-made signature.
Clause 5 : ordering validation
the contractual information will be confirmed by email at the latest at the time of delivery or failing to do so, mailed to the address given by the customer on the ordering form.
Clause 6: proof of transaction
The computerized records, stored in the computer system of the Asterion company in reasonable safety conditions will be considered the proof of the exchanges, ordering and payment made between the two parties. The filing of the ordering forms and bills is made on a reliable and durable media which can be produced as a proof.
Clause 7 : information about the products
The Asterion company offers products on its website which are up for sale with the necessary information to respect the Article L 111-1 for the regulation of the consumer market (Code de la consommation) which makes provision for the potential consumer to know before the final order is placed the essential aspects of the products he or she may want to purchase.
Clause 8 : pricing
The prices are in Euros and are only valid when the ordering form is sent by the customer. They do not include the shipping costs, billed separately and displayed before the order is finalized. The prices include the VTA enforceable on the day of the order and any change in VTA will be automatically passed on on the prices of the products in the webshop. The total amount of the costs must be made on the day of the purchase.
Clause 9 : payment methods
To pay his-her order the customer is offered, to his-her liking, the whole of the payment methods mentioned on the ordering form. The customer guarantees Asterion that he has the necessary authorization required to use the payment methods chosen during the validation of the ordering form. Asterion reserves the right to withhold any order and any delivery in case of a refusal of payment via credit card or from official organizations or in case of a non-payment. It will not deal with a customer who will not have paid totally or partially a previous order or with whom a dispute is ongoing.
Clause 10 : product availability
The order will be dealt with at the latest between 2 to 14 days counting on the day following when the order is placed. In case of a shortage of stock, especially from our suppliers, the client will be informed as soon as possible (the very same day in most cases) and will be offered the option of canceling his-her order. The customer will then have the choice between a refund or an exchange.
Clause 11 : delivery
The goods are delivered at the address mentioned by the customer on the ordering form. The customer is advised to check the overall condition of the package upon delivery and to report any damage to carrier on the delivery form, as well as to Asterion company, within a week.
Clause 12 : delivery issues because of the carrier
Any abnormal situation regarding the delivery (damage, missing item regarding the delivery form, problem, broken items, knocked in parcel) must be mentioned on the delivery form with « hand-written reservation » along with the signature of the client. In addition to that the customer will have to confirm this problem to the carrier within 2 working days following the delivery date in a registered letter with acknowledgment of receipt in which he will report the aforesaid complaint. The customer will send us a copy of this mail by fax or regular mail.
Clause 13 : delivery mistake
The customer will have to contact the Asterion company on the day of the delivery or at the latest the next working day, any complaint about a shipping mistake and/or conformity of the product in nature or in number in relation to the the indications on the ordering form. Any complaint made after this time period might be denied. In case of a mistake of delivery or exchange, any product to be exchanges must be returned to Asterion company in its entirety and in its original packaging with a registered letter. So as to be granted So as to be accepted, any return must be beforehand reported to the Asterion company. The shipping costs will be paid by the Asterion company except when it is the consequence of a customer mistake (size, color...) in which case the cost will fall on the customer.
Clause 14 : product warranty
In accordance to the Clause 4 of the decree # n78-464 dating March 24th 1978, the dispositions of the present clauses cannot deprive the customer fro the legal warranty which binds the professional seller to warranty him or her against all the consequences of the hidden defect of the sold item. The customer is clearly made aware that Asterion Company is not the producer of the products displayed on this website, to the extent of the law n98-389 dating from May 19th 1998 regarding the responsibility resulting from defective products. AS a consequence, in case of a damage made to an individual or a good resulting from a defective product, only the producer's responsibility can be sought by the customer, on the basis of the information given on the product packaging. The condition and the duration of the producer's warranty are listed on the presentation sheets.
Clause 15 : period of withdrawal
the customer has 7 working days to return, at his-her cost, the products which do not suit him or her. This time period starts from the day the order is delivered to the customer. If this period ends on a Saturday, a Sunday, a Bank holiday, national holiday or a day off, it is deferred to the next working day. Any return must be mentioned to Asterion company beforehand. Any return must be returned to Asterion company with collismo recommandé (registered parcel). Only the products sent back integrally, in their original packaging, intact and in a flawless condition for resale will be accepted. Any product which has been damaged or which packaging has been damaged will neither be exchanged nor refunded. This entitlement to withdrawal is to be performed with no penalty, except for the shipping fees. In case of a withdrawal being performed, in such a case, the customer can chose between a refund of the paid amount or an exchange. In the case of an exchange, the shipping of the exchanged product will come at the expense of the customer. In case of a withdrawal, Asterion company will refund the customer within a 15-day period. The customer will be then refunded via a bank check.
Clause16 : force majeure
None of the two parties will have failed in their legal obligations yet their execution is delayed, hindered, made impossible by a fortitiuos case or a case of force majeure. Will be considered a fortuitous case or a case of force majeure any case or circumstances beyond the parties' control , external to both parties, unforeseeable, unpredictable, not planned by any party and which cannot be avoided by the latter, in spite of any reasonable efforts. The party affected by such conditions will notify the other one within 10 working days following the date upon which he or she was made aware of these circumstances. The two parties will get in touch within a month, if not prevented by the case of force majeure, to assess the impact of the event and agree on the conditions under which the contract can be enforced. If the case of force majeure lasts for more than 3 months, the general conditions and terms of sale can be terminated by the prejudiced party. In short, the following events can be considered as case of force majeure our fortuitous case, other than those usually agreed upon by case laws in French courts : a blockade of means of transport or carriers, earthquakes, fires, storms, flooding, lightning strikes, power cut of telecommunication networks beyond the client's responsibility.
Clause 17 : partial non validation
If one or more stipulations of the present general conditions and terms of sale are hold to be null and void or stated as such in accordance to a law, a reulation or owing to a non disputable court order of a court of competent jurisdiction, the other stipulation will maintain all their strength and their scope.
Clause 18 : non abdication
If one of the parties does not cite a breach bu the other party to any of the obligations as per the present general conditions and terms of sale could not be interpreted in the future as a renunciation to the obligation in consideration.
clause 19 : heading
In case of a difficulty to comprehend and understand any of the heading above the clauses and any of the clauses, the headings will be declared as non existing.
Clause 20 : enforceable law
The present general conditions and terms of sale are subjected to the French law. The same goes for the substantive conditions and the formal conditions. In case of a litigation or a complaint, hte customer will get in touch in priority with the asterion company to come to an amicable agreement.