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General Sales Conditions General Sales Conditions
ARTICLE 1 : ACCEPTANCE OF GENERAL TERMS AND CONDITIONS
Once a user (the "customer") has filled out the site order form and confirmed the order (the order is confirmed by clicking on the "Confirm Order" button), then this will result in the full and binding acceptance of these General Sales Conditions which will be the only terms applicable to the contract.
ARTICLE 2 : ORDER CONFIRMATION AND CONCLUSION OF CONTRACT
Payment will only be accepted by Bank Credit Card (Carte Bleue, Visa, Mastercard or Eurocard), or SWIFT Bank Transfer. Once the order has been accepted, the Customer will be charged in Euro. For your protection and security, all orders are processed by our secured server. This ensures the confidentiality of you personal data (credit card number and date of expiration). Once the payment has been confirmed in accordance with Article 3 , the order is accepted by NIS. NIS will confirm the acceptance of orders by using, at its option, one of the following methods : e-mail, fax.
ARTICLE 3 : GENERAL OBLIGATIONS OF THE PARTIES
3.1. Obligations of NIS : NIS undertakes, once the order has been accepted, to sell the products set forth on the order (the "products") and to deliver the products ordered by the customer.
3.2. Obligations of the customer : The customer shall clearly indicate the address to which the products are to be delivered during business hours. The Customer undertakes to pay the stated price for the NIS product delivery (price of the products plus transport), as well as to pay directly to the carrier any additional amount that might arise due to custom duties, value added tax or other taxes due upon import into the country where the products are delivered.
ARTICLE 4 : SPECIFIC PROVISIONS
4.1. Price, invoice : The total price (the "price") shown by NIS on the order is definitive. The price includes : the price of the products, handling costs, packaging, transport. All the prices are VAT excluded. No custom duties or value added taxes shall be due for deliveries in the European Union. For the other countries the definitive price of the products ordered might arise due to custom duties, value added tax or other taxes due upon import into the country where the products are delivered.
These additional custom duties, value added tax or other taxes are not included in the invoice and will have to be paid by the customer to his local cutoms.
4.2. Transport - Delivery - Delivery Schedule : Once your order and payment has been received, the products are delivered within 7 days, depending of your country. All the products are sent from France. All orders are delivered as registered parcels.
4.3. Transfer of Risk : The transfer of risk of the products takes place when the carrier of NIS gives the parcel to the customer.
4.4. Qualification upon Receipt - Limited Rights to Reimbursement/Replacement : The only claim admissible is in case the products delivered do not conform with the quantity ordered or if the packaging containing the products is seriously damaged. The claim must be written on bill of sending when the carrier delivers . A copy must be sent to NIS (e-mail or fax) not later than twenty four (24) hours after the claim has been made. If the above procedures are respected, and the claim is proved to be valid due to damaged packaging or damaged products , NIS reserves the right to either reimburse the customer the price or replace the products. For repayment or exchange, the return carriage will be at the NIS expense.
ARTICLE 5: INVALIDITY - FORCE MAJEURE - APPLICABLE LAW - COMPETENT COURTS
If any of the clauses of these General Sales Conditions are, for any reason, declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause. Neither NIS nor the customer will be held liable for any failure to perform their obligations as a result of a force major beyond their control, including but not limited to the following: war, riot, insurrection, problems relating to export and import, strikes, lock-out, shortage of Products, fire, earthquakes, storms or floods. These General Sales Conditions are governed exclusively by French Law. All litigation or disputes between the parties shall be brought only under the competent court in Marseille-France.