GENERAL TERMS AND CONDITIONS OF SALE
- SABRE PARIS SAS
- Share capital of 1,050,000 euros.
- Head office at 21 avenue de l'Europe, 78400 Chatou
- Telephone 01 30 09 50 00 Fax: 01 30 09 50 01
- VAT ID: FR 31 390 649 044
- Registered in the Business and Companies' Register, Versailles 2001B01148
1. SALES POLICY
- SABRE sells articles directly on the "Online Shop" and carries out its own electronic trading activity exclusively for the end users who are the consumer customers.
- By "consumer" SABRE means any able individual who has reached legal age, is not under guardianship or supervision measures and is not purchasing for the purposes of any enterprise or business activity.
- In the light of the above sales policy, SABRE reserves the right to refuse orders from any user who does not match the given definition of a consumer or any orders that do not conform to its sales policy.
- These General Terms and Conditions of Sale exclusively govern the product offer, the acceptance of orders for the purchase of products and the payment, delivery and possible returns of the articles ordered by the customer from SABRE in its "Online Shop".
- In choosing to buy SABRE articles from the "Online Shop" the customer expressly and irrevocably accepts the terms of SABRE’s General Terms and Conditions of Sale.
- These General Terms and Conditions of Sale will prevail over any other general or special terms and conditions not expressly approved by SABRE.
- SABRE reserves the right to modify its General Terms and Conditions of Sale. The applicable terms and conditions will be those in force on the date of the order by the customer.
2. CHARACTERISTICS OF THE ARTICLES PROPOSED
- The articles proposed are those shown in the SABRE "Online Shop".
- These articles are proposed within the limits of available stocks
- The article photographs and descriptions are as faithful as possible, we cannot vouch for their total likeliness with the article proposed, particularly with regard to the colours. SABRE may not in any circumstances be held liable for any disparities or errors, particularly technical or typographical, that may appear, nor may the customer have any right to make a claim against such disparities or errors.
3. HOW TO PLACE AN ORDER
- The language available for concluding the contract is French.
- To conclude a contract for the purchase of one or more articles from the "Online Shop", the customer must:
- (a) fill in the electronic identification form, giving all the requested contact details.
- (b) fill in the electronic order form. The order form contains information concerning the key characteristics of each of the articles ordered and the relevant price (including any applicable tax and duty), the means of payment that the customer may use to buy each article and the arrangements for delivering the article(s).
- © confirm the order, having first checked it and corrected any errors.
- (d) choose the method used to pay for the order and, where relevant, make the payment under the conditions set out in article 7.
- (e) confirm the order and its payment.
- To conclude a contract for the purchase of one or more articles from the "Online Shop", the customer must:
- All the information provided and the recorded confirmation will act as proof of the transaction. Confirmation is equivalent to a signature and acceptance of the operations carried out.
4. REGISTERING THE ORDER
- The order will not be finally registered until the order summary screen has been confirmed. Following this final confirmation, the order is considered to be irrevocable and may only be altered under the conditions set out below.
- The order form will be archived in the SABRE database for the time required to ship the order and comply with legal deadlines. The customer may access his order form on request.
5. ORDER CONFIRMATION
- Once the contract has been concluded in accordance with the described order procedure, SABRE will send the customer an email receipt for his order summarising the information contained in the registered order form.
- SABRE recommends that the customer should keep and/or print this receipt as it is proof of the order.
- However, this email confirms only that SABRE has registered the customer’s order and not that the ordered article(s) is/are available.
- If the article(s) ordered from the "Online Shop" is/are no longer available or on sale at the time when the customer sends in the order form, SABRE will inform the customer, as soon as possible and in all cases within thirty (30) working days of the day following which the customer sent in the order form to SABRE, as to whether the article(s) ordered is/are available.
6. SALE PRICE
- The sale price of the articles is expressed in euros, including VAT but excluding delivery charges. The customer must pay the cost of any delivery charges set out in article 10 below, unless SABRE has agreed otherwise in writing.
- The price of the articles may change at any time. The sale price used for the purchase of each article is the price shown in the "Online Shop" at the moment at which the order was registered, except in the event of a typographical error.
- Any change in the VAT (Value Added Tax) rate will be reflected immediately in the sale price of the articles.
- Any order placed in the SABRE E-shop may be subject to taxes and customs duties in the country to which the articles are delivered. The customer must pay these extra delivery costs and will remain liable for them. Please refer to the customs website for your country for further information.
7. PAYMENT METHODS AND INVOICING
- All purchases made in the "Online Shop" are payable with the order.
- To pay the sale price of the article(s) ordered, the customer may use one of the payment methods shown in the order form.
- SABRE accepts the following payment methods for the purchases made in the "Online Shop": credit cards and cheques (please note that orders will not be shipped until the cheque has been cashed).
- Card payment: The customer must state in the fields provided on the order form the number of his credit card, its expiry date and the last three numbers printed on the back of the credit card. The entry of this information is secured by CIC.
- Cheque payment: The cheque must be made payable to SABRE, for the exact amount shown in the customer’s order signed and dated by him. The customer must write the order number on the back of the cheque and send it to the following address: SABRE "Boutique en Ligne" 21 Avenue de l'Europe 78400 CHATOU
- (a) SABRE will never use this information for any purpose other than completing the procedures relating to the customer’s purchase, processing refunds following any article returns or informing the competent authorities of any fraudulent activity on the "Online Shop".
- (b) SABRE reserves the right to suspend the order and delivery process if payment authorisation is refused.
- SABRE reserves the right to refuse to make a delivery or honour an order placed by a customer who has not totally or partially paid for a previous order or with whom the company is currently involved in a dispute over payment.
- SABRE reserves the right to prosecute any person who uses or attempts to use fraudulent means of payment.
8. DELIVERY ARRANGEMENTS
- The articles are delivered to the address entered by the customer on the order form, which must be within the geographical delivery zone.
- Geographical delivery zone
(a) The articles sold by SABRE in the "Online Shop" are delivered within Metropolitan France.
- The articles are delivered by the Carrier UPS.
- If the Customer is absent when the articles are delivered, a delivery notification will be placed in his letter box informing him that the delivery service called and asking him to contact UPS.
- The delivery is considered to have been completed on the date of the first presentation of the ordered article(s) in its/their parcel at the delivery address entered by the customer in the order form.
- The ordered article(s) will handed over in exchange for the customer’s signature on the delivery note.
- The customer is bound to check that the packaging is in good condition and that the articles delivered conform to the order before signing the delivery note. Any defect or non-compliance concerning the delivery such as, for example, damage, a missing or damaged article, must be recorded on the delivery note and accompanied by the customer’s signature.
- The customer must confirm the detected defect or non-compliance by sending the carrier a letter of complaint by recorded delivery, copied to SABRE, giving details of the defect or non-compliance observed within seven (7) working days of the date on which the articles were delivered to the customer.
- Carrier address: UPS 460 Rue du Valibout 78370 PLAISIR.
- SABRE address: 21 avenue de l'Europe 78400 CHATOU.
- If the customer does not make a complaint within the above-mentioned deadline, the delivered articles will be considered to be compliant, undamaged and accepted. No damaged or non-compliant article may be exchanged unless it has first been returned and received by SABRE, on good condition, as delivered by the carrier and in its original packaging.
9. DELIVERY TIMES
- Except in cases of Force Majeure as defined in article 14, delivery times will be within the limits of available stocks, as set out below. Normal delivery time; 5 to 7 working days.
- If SABRE is unable to deliver within the times shown, the customer will be offered a refund or a substitute article of equivalent value.
- SABRE may not be held liable for any late delivery for any reason whatsoever, and the customer may not claim any form of compensation whatsoever from SABRE.
10. DELIVERY CHARGES
- The customer must pay the delivery charges unless agreed otherwise in writing by SABRE
11. RIGHT OF WITHDRAWAL
- The customer has a seven-day right of withdrawal following the delivery of the order placed in the "Online Shop"; this period is extended if the seventh day is a Saturday or a Sunday.
- During this period, the customer may return the article(s) that do not suit him free of charge and with no other penalties.
- SABRE will only accept such a return if:
(a) The customer has contacted SABRE before returning one or more articles, by calling 01 30 09 50 00.
(b) The returned article(s) must not have been used, modified, washed or damaged.
(c) The returned article(s) is/are still in its/their original packaging.
(d) The returned article(s) is/are sent in one or more shipments.
- If the Customer exercises his right of withdrawal in accordance with the above conditions, SABRE will refund any sums already received as payment for the purchase of the article(s), net of the delivery charges for the ordered articles.
- The sums already received will be refunded as soon as possible and, in all cases, within thirty (30) working days of the date on which SABRE was informed by the customer of his wish to exercise his right of withdrawal, regardless of the payment method used.
- If the customer has not complied with the conditions for exercising his right of withdrawal as described above, he may have the article(s) sent back to him by SABRE, at his own expense and in the condition in which they were returned to SABRE.
12. CUSTOMER SERVICE
- To request information or make a complaint, the customer may contact SABRE on 01 30 09 50 00 or by e-mail at firstname.lastname@example.org
13. RETENTION OF TITLE AND TRANSFER OF RISKS
- Sabre expressly retains title over the article(s) delivered until the price has been paid in full (principal and interest).
- The simple handover of payment orders does not constitute a payment.
- If the customer fails to meet his payment obligations, for any reason whatsoever, SABRE will have the right to demand the immediate return of the delivered articles at the customer’s expense.
- The above provisions do not prevent the risk of loss or deterioration being transferred to the customer. The customer is liable for the risk of loss or deterioration from the moment at which the products leave SABRE’s premises.
14. FORCE MAJEURE
- SABRE may not be held liable for any violation of its contractual obligations in the event of a case of force majeure or an Act of God such as disaster, fire, internal or external strike, internal or external failures or breakdowns and, in general terms, any unforeseeable, irresistible external event that prevents the company from processing the orders correctly.
15. USE OF THE WEBSITE
- All the components of the SABRE website are and remain SABRE’s exclusive intellectual property.
- No one is authorised to reproduce, exploit, broadcast or use the software, visual or sound components of the website, even partially, for any purpose whatsoever.
- All simple or hypertext links are strictly prohibited without SABRE’s express written consent.
- In the online sales process, SABRE is bound only by a best-efforts obligation; it may not be held liable for any damage resulting from the use of the Internet, such as data loss, intrusion, virus, service breakdown or other unintentional problems.
- In accordance with the law relating to computers, files and individual liberty of 6 January 1978, information of a personal nature relating to customers may be processed automatically.
- Customers may object to the disclosure of their contact details by writing to SABRE.
- Customers have the right to access and correct any information concerning them, in accordance with the law of 6 January 1978.
- SABRE will archive order forms and invoices on a reliable, durable medium constituting a faithful copy, in accordance with the provisions of article 1348 of the Civil Code.
- SABRE’s computerised registers will be considered by the parties to be proof of the communication, orders, payments and transactions that have taken place between them.
18. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
- These online terms and conditions of sale are subject to French law.
- In the event of a dispute, the matter will be referred to the competent French courts, even in cases of multiple defendants or the introduction of third parties.