The online store "www.pointwc.com". In France, from a legal standpoint, only the legislator recognizes the general terms.
They are regulated by the Ordinance of 1 December 1986 (art. 33 - Law FIR) which mandates, under the contractual transparency, disclosure of price lists and conditions of completion of the sale, subject to fines if not.
This text is supplemented by Law 93122 of 29 January 1993 and 1 July 1996 Act (Act GALLAND). The legislator thus wanted to protect the seller against the risk by facilitating debt collection and recovery of goods sold.
The consumer is fully informed of the fact that his agreement on the content of these conditions does not require a handwritten signature, to the extent that the consumer orders online products.
The consumer states having full legal capacity to enter under these terms of sale .
The consumer has the option of saving or editing these terms, given that both the saving and editing of this document are its sole responsibility, said conditions are likely to be modified by POINTWC.
In this case, applicable terms are those in effect on the site during the validation of the order by the consumer.
The online store set up by POINTWC through its website lists the following information :
These terms of sale constitute the entire rights and obligations of both parties . In this sense , the consumer is deemed to accept without reservation all the provisions of the said conditions . POINTWC for its part undertakes to fullfil its role as dealer under these same conditions.
Article 1 : Terms
1.1 - object and entry into force of the General Terms of Sale:
These terms are intended to define the rights and obligations of the parties as part of the online sale of goods and services provided by POINT WC to the consumer.
1.2 - Validity of electronic signatures:
In accordance with the law of 13 March 2000 on electronic signature, any purchase order signed by the consumer " click" is an irrevocable acceptance which can be challenged only in cases specifically provided in these General Terms of Sale as " cooling-off period " and " out of stock ". The " click" associated with the authentication, nonrepudiation and integrity protection of messages is an electronic signature. This electronic signature is a handwritten signature between the parties .
1.3 - Contract documents:
This contract consists of the following contractual documents: the general terms of sale, purchase order. In case of conflict between the provisions contained in the documents of different ranks, the provisions of general terms and conditions prevail.
1.4 - Length:
On the date the consumer signs the purchase order, these general terms of sale come into force. These general terms are concluded for the time necessary for the provision of goods and services purchased, until the end of their guarantees.
1.5 - Proof of transaction:
The records stored in reasonable safe conditions in pointwc's computer systems, will be considered proof of communications, orders and payments between the parties. The filing of purchase orders and invoices will be made on a reliable and sustainable backup and can be legally produced as evidence.
2.1 - Information:
POINTWC introduces on its website products for sale and their detailed description in compliance with article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know, before ordering, the characteristics of the products they wish to buy.
2.2 - Submission of products:
The POINTWC products selection are only valid within the limits of available stocks. POINTWC reserves the right to change the products selection, their periods of availability and prices, within the constraints imposed by suppliers and / or manufacturers and inform the consumer.
2.3 - Compliance of products submission:
The products are conform to French legislation and standards applicable in France. The photographs, text, graphics, information and characteristics reproduced and illustrating the products are not contractual. Consequently, the responsibility of POINTWC cannot be held for errors or omissions in any of these photographs, text or graphics, information or product specifications, or in case of modification of these characteristics by suppliers say and / or manufacturers.
2.4 - Prices / VAT:
Prices on the website are given in Euros (including VAT ). They are applicable at the time of the order by the consumer and does not include shipping cost, and they are indicated before the final validation of the order. Prices are subject to French VAT and any change to the rate of VAT will be implicitly reflected in the price of the products presented on the POINTWC website, the date stipulated by the implementing decree relating thereto.
2.5 - Availibility:
The periods of availability are listed on the product forms posted on the POINTWC website and for each product in the purchase order. The information on product availability is provided by suppliers and / or manufacturers, POINTWC cannot be held responsible for the unavailability or the delay of the delivery of products or the entitlement to damages for consumers.
2.6 - Mutual obligations:
2.6.a : Consumer: The consumer remains the sole judge of compatibility of products ordered with those already in its possession. POINTWC cannot be held responsible for the total or partial inability to use the products, in particular due to hardware incompatibility, and will not give any compensation or refund.
2.6.b : Dealer: In the case of a delay in a product availability, POINTWC will inform the consumer of new effective dates announced by suppliers and / or manufacturers. If the product is unavailable, POINTWC will offer to the consumer the validation of the modified order and the refund of the item (s ) not available.
2.7 - Transfer of ownership:
POINTWC retains full ownership of the goods sold until receipt of the full amount owed by the consumer for his order, including fees and taxes. The transfer of ownership of property purchased by the consumer POINTWC to a third party, will not be supported by POINTWC. Only the original purchaser of the property will be entitled to access clauses of these general terms of sale.
3.1 - Consumer data:
The consumer must verify the compliance of the information regarding the delivery address that provides POINTWC. The latter cannot be held responsible for any data entry errors and the consequences thereof such as a delay and / or delivery error. In this context, all costs incurred for the return of the order will be entirely borne by the consumer.
3.2 - Failure to perform the order:
POINTWC can not be held liable for breach of contract in case of shortage or unavailability, force majeure, disturbance, total or partial strike in particular of postal services and means of transport and / or communications, flood, fire. POINTWC cannot be liable for all damages from the following, business interruption, loss of profit, loss of opportunity, damages or expense that might arise from the purchase of products. In case of unavailability of the ordered product, especially because of the suppliers and / or manufacturers, the consumer will be informed immediately and will be able to cancel the order. The consumer will get a refund of amount received (occurring within 30 days at the latest following the date of cancellation of the order). If unable to exchange POINTWC reserves the right to cancel the consumer's order and to refund the amount collected.
3.3 - Shipping costs:
POINTWC reserves the right to charge the consumer an additional shipping cost. This participation will be required on site and will be clearly stated "www.pointwc.com ".
3.4 - Order confirmation:
The contract information will be confirmed through email. Some orders need to be controlled by POINTWC verification service. The consumer will be informed, in this case, by email regarding additional documents to send to get the final confirmation of his order. POINTWC reserves the right to cancel the order in case of non -receipt of these documents or receipt of documents deemed non-compliant.
3.5 - Order process:
The consumer will be notified by mail of an impending shipment for the order. This order will be executed no later than within 48 hours to 5 days (excluding weekends and holidays) after the date of final certification by POINTWC (means of payment received and control of the order).
3.6 - Mutual Obligations:
3 6.a : Consumer: In the absence of completeness and adequacy of information provided by the consumer at the time of his order, POINTWC cannot be held responsible for any data entry errors and the ensuing consequences, particularly in terms of delay and / or delivery error. In this context, the consumer will have the option of returning the item to the store or ship it at his own expense. In order to validate this order, the consumer should fax or email a legible copy (front and back) of proof of residency to POINTWC. The order will be confirmed after receipt and verification of these elements. Failing to receive these documents within 15 days of confirmation of the order by the consumer, the order shall be deemed automatically canceled.
3.6.b : Dealer: POINTWC the dealer agrees to inform the consumer of any change in his order relating to time, price, features, to allow the latter's decision to modify its order accordingly.
3.7 - warnings / advice:
POINTWC advises the consumer to keep track of the order on paper or on a reliable computer until the final resolution of the order or until the end of the warranty period of products delivered.
4.1 - Method of payment:
To pay for the order, the consumer has the following choice of payment: VIsa, Mastercard.
4.2 - Warnings / advice:
POINTWC advises the consumer to ensure the solvency of its payment before confirming the order on the site.
4.3 - Payment in full:
Payment in full must be made when ordering, unless specific offer shown on the site. At no time, the amounts collected will be considered as a deposit or deposits. POINTWC specifically reserves the right to refuse delivery or to deliver an order from a consumer who has not fully or partially paid a previous order, or with whom a payment dispute remain.
4.4 - Mutual obligations :
4.4.a : Consumer: The consumer guarantees to POINTWC, he has permission to use the method of payment chosen during the validation of the order.
4.4.b : Dealer: POINTWC reserves the right to suspend any order or delivery in case of refusal to authorize payment by financial institutions. The consumer is advised that POINTWC can not be held responsible for any embezzlement or fraudulent use of any means of payment.
5.1 - Terms:
An order will be considered closed when the products have been shipped and the consumer has paid in full the products and the shipping costs.
5.2 - Methods:
Products will be delivered to the address specified by the customer on the order form. POINTWC will choose the method of transportation according to weight and / or volume of the product. POINTWC reminds the consumer to ensure giving all relevant information to the delivery of his order.
The consumer has a legal obligation to verify the contractual and physical condition and contents of the parcel delivered, in the presence of the deliveryman. Any anomaly concerning the delivery (damage, missing product compared to slip, damaged package, broken products, etc..) should always be indicated in details on the "handwritten reserves" form, dated, explicit and signed by the consumer. The consumer must report the problem by sending the carrier within two (2) business days following the delivery date, registered mail with return receipt stating such claims. The consumer must send concurrently a copy of this letter (possibly with the "damage report" or "material irregularities" obtained from the carrier) by mail to:
13 rue Riblette
75 020 PARIS
Any claims received after the deadline will be definitively rejected without recourse for the consumer.
5.4 - Mutual obligations:
5.4.a : Consumer: The consumer is responsible to verify the condition of the product at the time of delivery in the presence of the carrier, either by himself or by a person authorized by him to receive the delivery.
5.4.b : Dealer: POINTWC will make all efforts necessary to regularize the situation with the carrier to the extent that the consumer will have completed all the steps required in case of defect upon delivery. POINTWC cannot be held liable for any delays in delivery and in particular due to the carrier's errors or disruptions (total or partial strike of the supply chain and / or postal services and / or transportation or communications).
5.5 - Délais:
In case of late delivery by the shipping company, within eight (8) business days of the shipment date specified in the email "Information About Your Order", POINTWC suggests the consumer to check with their post office if the package is not pending, then if necessary, invites him to report the delay by first contacting the customer service at 01 42 80 26 48 or by sending an email from the home page of our site, under "CONTACT". POINTWC will then contact the shipping company to start an investigation. This investigation may take up to 21 working days from its opening date. If during this period, the product is found, it will be send as soon as possible to the consumer's home.
If however the product is still not found after these 21 days, the parcel will be considered lost. Only at the end of this investigation may POINTWC replace the product by sending a new one at his own expense. If the ordered products were to become unavailable, the consumer may obtain a refund for the products concerned by the declaration of loss confirmed by the carrier. In case of late delivery by other carriers within five to ten business days following the shipping date mentioned in the email "Information About Your Order", the client is asked to report the delay by contacting our Customer Service first by phone or email. POINTWC will investigate with the carrier to obtain the location of the parcel. If the goods are recovered, it will be re-routed in the shortest possible time to the consumer's home. Otherwise and after obtaining the report of loss declared by the carrier, POINTWC will perform the return of such product (s) or in case of permanent unavailability; POINTWC will refund the consumer under the terms of these general terms of sales.
5.6 - Fault / Damage:
As part of a delivery by the shipping company, if the package arrives open and / or damaged (presence of tape) and is accepted on delivery accompanied by "writing reservations", it is essential that the consumer has a "material deffects" form filed by the mailman, the post office or delivery person. This form should be sent to Customer Service POINTWC so that it can investigate and take legal action for compensation, if any. . In case of refusal of the goods upon delivery and with the"writing reservations" forms, the consumer should ask the carrier to send this package to:
POINTWC - Service e-commerce - 13 rue Riblette - 75 020 PARIS
, including a "damage report" and keep a copy of this form, if applicable. If the case of shipment made by other carriers, any open and / or damaged package, must come with “writing reservations”, delivery accepted or not. These “reservations” should be reported on the company's delivery slip by the consumer; who should also inform the carrier and POINTWC by email within two (2) working days after delivery. Some carriers will have to perform an inspection at the home to ascertain the condition of the package delivered before its removal and in the event of its shipping to the SAV of POINTWC, accompanied by a notification of damage.
5.7 - Warnings / advice:
Only damage and deffects mentioned in the said reservations made by the consumer will be considered in resolving the dispute by the carrier. POINTWC reminds that in case of delivery problems, the consumer must keep all information received in the state (over-packaging and packaging included) until complete resolution of his case. Any breach of the rules defined above may result in the refusal to support the dispute by the carrier.
6.1 - Procedures:
Any claim of error of delivery and / or non-conformity of goods in kind or in quality compared to the entries on the purchase order must be made to POINTWC within two working days following the date of receipt. Any claim beyond this time will be rejected without recourse for the consumer.
6.2 - Delivery errors:
In case of a delivery error, the consumer is required to keep the package (s) in the state received and inform POINTWC Customer Service: - by phone 01 42 56 35 25, 11:00 am to 7:00 pm, Monday to Friday, excluding holidays or by email from the home page of our website under "Contact".
6.3 - Non compliance:
If the consumer considers the products to be non compliant, the consumer must notify POINTWC Customer Service: - by phone 01 42 80 26 48, 11:00 to 19:00 Monday to Friday, excluding holidays or by email: from the home page of our website under "Contact". The consumer must specifically describe the grounds for justifying non-compliance.
6.4 - Mutual obligations:
6.4.a : Consumer: Failure by the consumer to timely give said notice shall constitute a waiver by the consumer of all claims with respect to said PRODUCTS.
6.4.b : Dealer: POINTWC will make every effort to take care of the problem faced by the consumer as soon as possible. In these cases and to the extent that the error stems from its services, POINTWC will support the return of the product (s) by the shipping method of choice.
6.5 - Warnings / advice:
The consumer is informed that some documents related to the packages may be obtained and must remain in its possession with all items received (including packaging) until complete resolution of his claim.
7.1 - Terms:
The consumer has a cooling-off period of 7 calendar days from the date of placing the order of the product.
8.1 - Warnings / Advice:
All returns must be reported beforehand to the POINTWC Customer Service. Failing to do so by the process cited above, any claim for non-compliance or defect of the delivered products will be accepted.
8.2 - Refund terms:
To the extent that the consumer would not have made use of the prepaid label that will be addressed, POINTWC reserves the right to refund or not the shipping costs incurred by the consumer. All refund requests must be made by the consumer with proof of shipping cost and within the cost of an item via priority airmail with insurance, if necessary. Applications may be accepted only if the responsibility of POINTWC is challenged and if the returned product matches the original declaration made by the consumer and confirmed by Customer Service.
8.3 - Terms:
Only the returns in the original packaging, with parts, accessories and various documents, will be supported by POINTWC.
9.1 - Stipulations:
POINTWC signals to the consumer that most suppliers require to keep the original packaging in order to be covered under the warranty. In the case of a defective product during the warranty period, the consumer is asked to contact the customer service that will indicate the procedure to follow to return the product. No returns will be accepted without prior agreement evidenced by the issuance of a number and a return agreement. This agreement is valid for a return period of 8 working days. With the return agreement, the defective product must be returned to POINTWC in its original packaging, complete (accessories, warranty card, manuals, etc..) and accompanied by a copy of the invoice or packing slip and detailed reasons of return. The product shall be protected by an outer packaging with mention of the return number provided by POINTWC, the printed return form must be enclosed in the package.
9.2 - General Terms:
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive consumers of the legal guarantee which forces the seller to guarantee against all consequences of defects of the thing sold. This clause is applicable only in the context of comprehensive rules of the order. The duration of treatment is based on the provider Customer Service, POINTWC cannot be held responsible. In the case of a non-repairable and non-replaceable, POINTWC is committed to providing a product to use and price equivalent.
9.3 - Warranty Terms:
The terms and duration of the manufacturer's warranty are those listed on the products and on the site at time of order and possibly on the warranty card attached to the product (s). Some warranties are in favor of on-site or direct manufacturer repairs, POINTWC recommends that consumers carefully check the type of warranty that its product is equipped with an invites him to inquire with Customer Service and / or the manufacturer, before requesting a return agreement.
9.4 - Mutual obligations:
9.4.a : Consumer: All costs and risks associated with returning the defective product shall be borne by the consumer. However the consumer has the possibility of returning the defective product in a POINTWC store. The consumer must return the product along with a copy of the invoice or packing slip that may be required as part of a repair under warranty. The consumer has the option to contact Customer Service to agree on how to return the defective product.
9.4.b : Dealer: POINTWC guarantees the consumer, in respect of latent defects affecting the products delivered as part of a replacement of defective products or parts making them fit for use, or reimbursement, without being regarded by consumers as responsible for any harmful consequences that these latent defects could have resulted. Given the frequent turnover of the components of products, POINTWC may, upon request, inform the consumer of the availability of spare parts of products concerned or possibly how to obtain them. The transfer to the manufacturer and the return of the repaired product to the consumer will be supported by POINTWC.
9.5 - Out of warranty :
Any product on which the warranty period has expired will not be supported by POINTWC.
9.6 - Warnings / advice:
The consumer is expressly informed that POINTWC is not the manufacturer of the products featured on the website, within the Law No. 98-389 of 19 May 1998 regarding liability for defective products. Accordingly, in case of damage to a person or property by a defective product, only the liability of the manufacturer of the product may be sought by the consumer, on the basis of the information on the packaging of the product. Any product whose failure would result from negligence, abuse or misuse (disrespect of the instructions for installation and operation of product tampering, etc..), irreversibly invalidate the warranty. In this case, the product can be returned to consumers in the state, or repaired prior to acceptance and payment of an estimate established by the manufacturer.
10.1 - Force majeure:
Neither party has breached its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered fortuitous event or force majeure any facts or circumstances irresistible, external parties, unpredictable, unavoidable, independent of the will of the parties and which can not be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances shall notify the other within ten (10) working days from the date it becomes aware. Both parties will then, within a month, except impossibility due to force majeure, review the impact of the event and agree to the conditions under which the contract will be continued. If the force majeure lasts for more than three months, these terms may be terminated by the aggrieved party. Are regarded as force majeure or unforeseeable circumstances beyond those normally used by the decisions of the Courts and Tribunals French: blocked means of transportation or supplies, earthquakes, fires, storms, floods, lightning, telecommunications networks failure or specific difficulties to the external telecommunications networks to customers.
10.2 - Links:
Hypertext links to other sites than "www.pointwc.com ". POINTWC disclaims any liability in case the content of these sites would contravene the laws and regulations.
10.3 - Data protection:
In accordance with French law "Informatique et Libertés" n ° 78-17 of 6 January 1978, the consumer has a right to access and rectify data concerning him and may exercise this right by sending an email to Next: POINTWC - 13 Riblette STREET - 75020 PARIS.
10.4 - Partial non-validation:
The fact that one of the parties does not take issue with a failure on the part of the other party to comply with one of the obligations mentioned in the present standard terms and conditions and conditions may not be interpreted as a waiver of the obligation in question in the future.
10.5 - No waiver:
The failure of either party not to claim a breach by the other party to any of the obligations contained in these Terms shall be construed in the future as a waiver of the requirement cause.
10.6 - Title:
In case of difficulty in interpreting one of the titles at the head of clauses, and one of the clauses, the titles will be declared nonexistent.
10.7 - Governing law:
These general conditions are subject to French law. This applies to substantive laws as to form. In case of dispute or claim, the consumer should first contact POINTWC to find an amicable solution. In case of judicial action, only the Court of PARIS will be competent.
11.1 - General Terms:
When the order is intended to a country outside mainland France, the customer is the de facto importer of the products concerned. For all products shipped outside the European Union and Dom-Tom, customs duties or other local taxes or import duties or state taxes may be payable. These rights are not the responsibility of www.poinwc.com, they are the sole responsibility of the consumer, in terms of returns and payments to the authorities / agencies of his country. It is advisable to inquire about these issues with local authorities.
11.2 - Bill of sale for export:
11.2.a : Consumers residing outside the European Union and DOM, and wishing to receive a tax refund, may request a bill of sale for export to our Customer Service, telephone 01 42 56 35 25, address: POINTWC - 13 Riblette STREET - 75020 PARIS or by email: from the home page of our website under "PERSONAL SHOPPER". Price calculated and shown on the invoice will be inclusive of all taxes (VAT). Non taxed goods are those purchased by consumers for their personal needs and the total amount of purchases must be equal or more than 175 euros (VAT) excluding shipping costs and / or service offers and / or promotional offers. Consumers are also advised to read and check the prerequisites first, to qualify for French VAT exemption.
11.2.b : If the consumer meets all custom requirements, he must request the sales export slip from our company, by phone or email. The consumer must provide certain documents before POINTWC issues the tax refund form: legible copy both sides of an ID (passport, residence permit, consular card, etc..), sworn statement (handwritten and identical to the model which will be communicated by our Customer Service) and accompanied, where appropriate, by a proof of residence abroad. After removal of the pink slip signed by custom services within 3 months of purchase, the consumer may obtain from POINTWC restitution by any bank means of the VAT on the product (s) concerned. The delay before shipment of such refund will be between four (4) and six (6) weeks after receiving the pink slip signed by customs.
11.2.c : POINTWC reserves the right to refuse any tax refund that would not meet the requirements in these terms and conditions of sale as well as those required by customs. Service offers and / or promotions that may be proposed by POINTWC and shipping costs will not receive any tax refund.
11.2.d : Warnings / advice:
POINTWC reminds consumers that the billing address specified in the order must be in a state or a non-member countries of the European Union, to obtain a bill of sale for export.
11.3 - VAT:
11.3.a : All residents of the European Union will be charged the amount of the French VAT at validation of their order.
11.3.b : If the consumer is an individual or an entity not subject to VAT, it must pay the prices include all taxes (VAT) on the website POINTWC (shipping costs included, if applicable). - If the consumer is an entity subject to VAT (including non-French companies of the European Union), he must contact POINTWC and send a copy of his order on the letterhead of his company and mention the number of VAT. Upon receipt of this letter and after checking the VAT number, invoice excluding taxes (VAT) will be sent to the registrant and a refund check in the amount of VAT charged for the products.
11.3.c : POINTWC reserves the right to refuse any tax refund that would not meet the requirements in these terms and conditions of sale as well as those required by customs.
11.3.d : warnings / advice:
POINTWC reminds consumers that it is imperative to have a valid VAT registration number to obtain, if necessary, an invoice without VAT and the refund of the French VAT of the ordered products. The consumer must mention when ordering, a billing address located in a state or country being part of the European Union.
11.4 - Special cases:
In the case of the relocation of an order or a product to a country other than France, POINTWC reminds consumers that they remain the importer of the products ordered. Customs duties, other local taxes, import duties or state taxes may be payable will not be the responsibility of POINTWC. It is for the consumer to check with local authorities the possibilities of importation or use of products or services they are planning to ship, to ensure that the technical and operational specifications of the manufacturer respect the law of the country.
11.5 - Mutual obligations:
11.5.a Consumer: It is the responsibility of the consumer to check with local authorities and to do the necessary custom, declaration and payment to the authorities and bodies of the country concerned.
11.5.b Dealer: POINTWC cannot be held responsible for non-compliance with the legislation of the country where products will be shipped by the consumer.
11.6 - Shipping costs:
POINTWC reserves the right to charge shipping costs to the consumers residing outside metropolitan France.
11.7 - Warnings / advice:
POINTWC reminds consumers, who wishes to obtain a bill of sale for export, that it is imperative that the billing address is located in a country or a third State to the European Union and benefiting from a tax refund. POINTWC reminds consumers subject to VAT, that it is imperative that the billing address is located in country of the European Union.
Headquarters: POINTWC / SAGETA SARL with a capitalof 10 000 € 26 AVENUE DES CHAMPS ELYSEES 75 008 PARIS RCS PARIS n° 488 304 189 TVA FR 52 488 304 189 Téléphone : + 33 1 42 56 35 25