The online shop of the site https://www.diag-auto.com has been set up by the company Frades Technologies, which is the operator of this site. Any order in respect of a product appearing in the online shop of the website https://www.diag-auto.com supposes the prior consultation of the present general conditions. Consequently, the consumer acknowledges that he is fully informed that his agreement concerning the content of the present general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the shop Of the website. The consumer has the option of saving or editing the present general conditions, it being specified that both the safeguarding and the edition of this document are his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for a personal use on his part. As a consumer, the customer therefore has specific rights which would be called into question in the event that the products or services acquired within the framework of the website actually relate to his professional activity. The online shop set up by Frades Technologies as part of the website contains the following information:
Legal notice allowing a precise identification of the company Frades Technologies
Presentation of the essential characteristics of the proposed properties
Indication in Euros of the price of the goods and, where applicable, delivery charges
Indication of the terms of payment, delivery, or performance
The existence of a right of withdrawal
The period of validity of the offer or price
The conditions for termination of the contract where the contract is for an indefinite period or for a period of more than one year
All of this information is presented in French. The consumer declares to have the full legal capacity enabling him to commit under these terms and conditions
Article 1: Entirety These general conditions express the full obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions provided for in these general conditions. No general or specific conditions contained in the documents sent or delivered by the consumer may be incorporated herein, provided that these documents are incompatible with these general conditions.
Article 2: Purpose
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by Frades Technologies to the consumer.
Article 3: Contractual documents
This contract is made up of the following contractual documents, presented in descending hierarchical order: these general conditions; purchase order. In the event of any inconsistency between the provisions contained in documents of different rank, the provisions of the above document shall prevail.
Article 4: Entry into force - duration
These general terms and conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company Frades Technologies.
Article 5: Electronic signature
The "double click" of the consumer under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Confirmation of order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the consumer within the order form.
Article 7: Proof of the transaction
The computerized registers stored in the computer systems of Frades Technologies under reasonable conditions of safety shall be regarded as evidence of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8: Product information
8-a: The company Frades Technologies presents on its website the products to be sold with the necessary characteristics which make it possible to respect the "
Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know the essential characteristics of the products he wishes to buy before taking the final order.
8-b: The offers presented by the company Frades Technologies are valid only within the limit of available stocks.
Article 9: Price
Prices are quoted in Euros and are valid only on the date of the sending of the order form by the consumer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices shown are excluding VAT, they do not take into account the T.V.A. applicable on the day of the order. Payment of the full price must be made at the time of the order. At no time, the sums paid can not be considered as a deposit or installments.
Article 10: Method of payment
To adjust its order, the consumer has, at his option, all the payment methods referred to in the order form. The consumer guarantees the company Frades Technologies that it has the necessary authorizations to use the method of payment chosen by him, when validating the order form. The company Frades Technologies reserves the right to suspend any management of order and any delivery in case of refusal of authorization of payment by credit card from the bodies officially accredited or in case of nonpayment. In particular, Frades Technologies reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid in full or in part for a previous order or with which a payment dispute is pending. 'administration. Frades Technologies has put in place an order verification procedure to ensure that nobody uses the bank details of another person without his knowledge. As part of this verification, the client will be asked to fax Frades Technologies a copy of an identity document as well as a proof of address. The order will be validated only after receipt and verification by our services of the documents sent.
Article 11: Availability of products
The order will be executed at the latest within 3 days from the day following the day on which the consumer placed his order. In case of unavailability of the ordered product, especially by our suppliers, the consumer will be informed as soon as possible and will be able to cancel his order. The consumer will then have the choice to ask either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 12: Terms of delivery
The products are delivered to the address indicated by the consumer on the order form and only in metropolitan France. The consumer is obliged to check the condition of the packaging of the goods on delivery and to report the damages due to the carrier on the delivery note and to Frades Technologies within one week. The consumer can, at his request, get an invoice sent to the billing address and not to the delivery address by validating the option provided on the purchase order. As far as the shipping is concerned, we mainly work with Colissimo Suivi. As soon as we proceed with a shipment, you immediately receive an email informing you.
THE POST OFFICE
To minimize transport costs, all products of low or medium size are shipped by a post office Colissimo Monitoring. In addition to being economical, this service delivers in 48 hours throughout France and offers you the possibility of recovering products ordered from your post office near the delivery address in case of absence of the initial place of delivery when Of the presentation of the factor. Concretely, if you are absent on the day of delivery, your postman will leave you a notice in your mailbox, which will allow you to withdraw your parcel at your post office during business hours, within 15 days. Colissimo Suivi is a very reliable service. However, as in any shipment, there may be a delay in delivery or the product may be lost. In case of delay of delivery compared to the date that we indicated in the mail of dispatch, we ask you to inform us of this delay by calling us by telephone or by sending us an e-mail. We will then contact the Post Office to start an investigation. A Post inquiry may take up to 21 days from the start of the investigation. If during this period, the product is found, it will be redirected immediately to your home (the majority of cases). If the product is not found at the end of the 21-day investigation period, Swiss Post considers the package to be lost. Only then can we send you a replacement product at our expense. If the ordered product (s) were no longer available
But had changed the selling price on the site, we would apply the new selling prices, either by refunding you by check of the difference, or by requesting an additional check concerning this price difference. We decline all responsibility for the extension of delivery times due to the carrier, in particular in case of product loss or strike.
Article 13: Problems of delivery by the carrier
Any anomaly concerning delivery (damage, missing product in relation to the delivery note, damaged package, broken products ...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the customer. The consumer must also confirm this anomaly by sending to the carrier within two (2) working days of the delivery date a registered letter with acknowledgment of receipt setting out the said claims. The consumer must send a copy of this letter by fax or by simple mail to:
27 Avenue Maréchal Leclerc, 33127 Martignas-sur-Jalle
Article 14: Errors of delivery
14-a: The consumer must formulate with the company Frades Technologies the same day of the delivery or at the latest the first working day of the delivery, any complaint of error of delivery and / or non-conformity of products in kind Or quality in relation to the indications on the order form. Any claims made after this deadline will be rejected.
14-b: The formulation of this complaint with the company Frades Technologies can be made: - priority by telephone on 06 61 10 10 04 from Tuesday to Saturday from 9 am to 12 am. - by logging onto our site in the section "follow your order" where, after entering your customer number, you will be able to ask us your question through the menu to contact us specifying well the reference of the order.
14-c: Any complaint not made in the rules defined above and in the time allowed will not be taken into account and will release the company Frades Technologies from any responsibility towards the consumer.
14-d: Upon receipt of the complaint, Frades Technologies will assign an exchange number of the product (s) concerned and communicate it by e-mail, fax or telephone to the consumer. The exchange of a product can take place only after the attribution to the consumer of an exchange number according to the approach presented above.
14-e: In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the company Frades Technologies as a whole and in its original packaging, in Colissimo Recommandé, to the address next :
27 Avenue Maréchal Leclerc, 33127 Martignas-sur-Jalle
To be accepted, any return must be notified in advance to the Customer Service of Frades Technologies.
The cost of shipping is the responsibility of Frades Technologies, except in the event that it proves that the product taken back does not correspond to the declaration of origin made by the consumer in the return voucher.
Article 15: Product Warranty
Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof shall not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of the hidden defects of the thing sold. The consumer is expressly informed that the company XXXXXXX is not the producer of the products presented within the framework of the website, within the meaning of the law n ° 98-389 of May 19, 1998 relating to the responsibility for the defective products. Consequently, in the event of damage to a person or property caused by a defect in the product, only the producer's responsibility can be sought by the consumer on the basis of the information on the packaging of the product. The terms and duration of the producer guarantee are indicated on the data sheets. Due to the frequent renewal of the components of the technical products, Frades Technologies may, on request, inform the consumer of the availability of the spare parts of the products offered and how they may be procured.
Article 16: Right of withdrawal
The consumer has a period of 10 working days to return, at his own expense, products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day. All returns must be notified in advance to the Customer Service of Frades Technologies: - by priority by phone at 0661101004 from Tuesday to Saturday from 9 am to 12 pm, - by logging onto our site in the "follow your order"
You can get your order number. The product must be returned in Colissimo Recommended to Frades Technologies, 27 Avenue Maréchal Leclerc, 33127 Martignas-sur-Jalle. Products such as Discs, CDs, Cells, must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
Electronic products such as turntables, headphones, mixers, etc. Remain subject to the statutory withdrawal period of 7 days.
Only the returned products will be taken in their entirety, in their original packaging complete and intact, and in perfect condition of resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, except for the costs of return. In the event of the exercise of the right of withdrawal, the consumer has the choice of asking either the reimbursement of the sums paid or the exchange of the product. In the case of an exchange, the redirection will be at the expense of the consumer.
If the right of withdrawal is exercised, Frades Technologies will make every effort to reimburse the consumer within 15 days. However, due to the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs a technical verification (cf products to be tested beforehand).
The consumer will then be reimbursed by re-crediting his bank account (secure transaction) in case of payment by credit card, or by check in other cases.
Article 17: Rights of Use
The right to use the software of Frades Technologies, as well as those distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has a right of reproduction exclusively for the making of a back-up copy, where this is necessary to preserve the use of the software. In any case, the author of the software retains a right of ownership over his work, which the consumer undertakes to respect.
Article 18: Force majeure
Neither party shall have failed to fulfill its contractual obligations to the extent that their performance is delayed, hindered or prevented by unforeseeable circumstances or force majeure. Any event or irresistible circumstance, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which can not be prevented by the parties, despite all reasonably possible efforts, shall be regarded as a fortuitous event or force majeure. The party affected by such circumstances shall notify the other party within ten working days of the date on which it becomes aware of it. The two parties shall, within a period of one month, close together, unless it is impossible due to force majeure, to examine the impact of the event and to agree on the conditions under which the performance of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party. Expressly, force majeure or unforeseeable circumstances, in addition to those usually adopted by the jurisprudence of the French courts and tribunals, shall be regarded as blocking means of transport or supplies, earthquakes, fires, storms, floods, lightning; The shutdown of the telecommunication networks or difficulties specific to the telecommunication networks external to the customers.
Article 19: Partial non validation
If any provision of these Terms and Conditions is held to be invalid or declared to be invalid or unenforceable by law, regulation or as a result of a final decision of a court of competent jurisdiction, And their scope.
Article 20: No waiver
The fact that one party does not avail itself of a failure by the other party to any of the obligations referred to in these general conditions can not be interpreted in the future as a waiver of the obligation in question.
Article 21: Title
In case of difficulty of interpretation between any of the titles at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable Law
These general conditions are subject to French law. It is the same for the rules of fund as for the rules of form. In case of dispute or complaint, the consumer will address in priority to the companyFrades Technologies to obtain an amicable solution. In a second step and in case of recourse, the consumer can file a complaint with, through its dedicated dialog.
Article 23: Informatics and Freedoms
The information that is requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company Frades Technologies intervening in the execution of this order. The consumer can write to the company Frades Technologies whose contact details are within the confidentiality charter appearing in the framework of the website, to oppose such communication, or to exercise its rights of access, rectification to the In respect of information concerning him and contained in the files of Frades Technologies, under the conditions provided for by the law of 6 January 1978.
In accordance with the obligations of the Data Protection Act of 20 June 2018, we provide you with access to your personal data from the management of your customer account. This information is protected and not disclosed to third parties. Available in the RGPD - Personal Data section, you can at any time choose to delete the data collected on our website or simply request a consultation in different formats, you can also and simply send us a direct request through our contact page.
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