Between the Company Fundicion Pajarito SL, with Share Capital of 3000 €, Cif - B67394593, as manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the site. Hereinafter the "Seller" or the "Company".
On the one hand, And the natural or legal person purchasing the company's products or services, Hereinafter, “the Purchaser”, or “the Customer” On the other hand, It has been stated and agreed what follows :
Preamble
The Seller is the publisher of Rybacki-iron products and services exclusively for consumers, marketed through its websites (https://rybacki-iron.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Article 1: Purpose and general provisions
These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
These General Conditions of Sale (GTC) apply to all sales of Products, made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T & Cs are available on the Company's website at the following address:https://rybacki-iron.com. The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Conditions of Sale, and, where applicable, the Special Conditions of Sale related to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Price
The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 3: Conclusion of the contract online
The Customer must follow a series of steps specific to each Product offered by the Seller to be able to place his order. However, the steps described below are systematic:➢Information on the essential characteristics of the Product;➢Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address…);➢Acceptance of these General Conditions of Sale.➢Verification of the elements of the order and, if necessary, correction of errors.➢Follow-up of instructions for payment, and payment of products.➢Product delivery. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a link to these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide his true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limit of stocks of available Products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the Product offer as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless there are specific conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address). In accordance with the legal provisions in terms of conformity and hidden defects, the Seller reimburses or exchanges defective products or products that do not correspond to the order. Refund or exchange can be requested as follows:
By email to:Remb-echan@rybacki-iron.com
Or by post to Fundicion Pajarito SL, exchange refund service, Coll Del Portell, 77 2 A - 08024 Barcelona - Spain.
Model:
For the intention of (add here the professional's name, address, fax number and email address) (*).
I hereby notify you of my refund / exchange request for the service below:
Order dated (*) / received on (*)
Reason (*)
Name of consumer (*)
Consumer address (*)
Consumer's signature (if paper format)
Date (*)
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Terms of delivery
The products are delivered to the delivery address which was indicated during the order and according to the time indicated. This time does not take into account the time taken to prepare the order. When the Customer orders several products at the same time, they may have different delivery times. In the event of late delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the "outbound" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered. Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event that an item is unavailable for a period exceeding 30 working days, you will be immediately notified of the foreseeable delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its refund.
Article 7: payment
Payment is due immediately upon ordering, including for pre-ordered products. The Seller only accepts the means of payment offered to the Customer during the ordering process. If the Customer chooses to pay using a payment card (e.g. bank card or credit card), the account linked to the payment card used will be debited after the payment card data has been entered by the Customer on during the online payment process, at the time of placing an order; the bank account will never be debited before the Customer has clicked on the “Confirm order with obligation to pay” button. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the inability to debit the card, the Sale is automatically terminated and the order canceled.
Article 8: withdrawal period
In accordance with article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of , where applicable, return costs ”. "The period mentioned in the previous paragraph runs from receipt for the goods or from the acceptance of the offer for the provision of services". We inform Customers that in accordance with article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for non-prefabricated products, made on the basis of a choice or a personal decision of the consumer or which are clearly personalized as well as for products that cannot be put back on sale due to deterioration during use. If the right of withdrawal is exercised within the aforementioned period, only the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remain the responsibility of the Customer. Product returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be re-marketed in new condition; if possible, they should be accompanied by a copy of the proof of purchase. In accordance with legal provisions, the right of withdrawal can be exercised by contacting the Company as follows:
By mail to: retractation@rybacki-iron.com
Or by post to Fundicion Pajarito SL, withdrawal service, Coll Del Portell, 77 2 A - 08024 Barcelona - Spain.
Model:
For the intention of (add here the professional's name, address, fax number and email address) (*).
I hereby notify you of my withdrawal request for the service below: Order dated (*) / received (*)
Reason (optional if the GTC are respected)
Name of consumer (*)
Consumer address (*)
Consumer's signature (if paper format)
Date (*)
Article 9: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order made. The refund request must be made as follows:
By email to:Garantie@rybacki-iron.com
Or by post to Fundicion Pajarito SL, warranty service, Coll Del Portell, 77 2 A - 08024 Barcelona - Spain.
Model:
For the intention of (add here the professional's name, address, fax number and email address) (*).
I hereby notify you of my warranty claim for the service below: Order dated (*) / received on (*)
Reason (*)
Name of consumer (*)
Consumer address (*)
Consumer's signature (if paper format)
Date (*)
The Seller recalls that the consumer: - has a period of 2 years from the delivery of the good to act with the Seller for the replacement of the good subject to the conditions provided for by the article apparently defective or not corresponding - only he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. - that, except second-hand goods, this period will be extended to 24 months from March 18, 2016 - that the consumer can also assert the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).
Article 10: Complaints
If necessary, the Buyer can submit any complaint by contacting the company using the following contact details:
By email to: reclamation@rybacki-iron.com
Or by post to Fundicion Pajarito SL, warranty service, Coll Del Portell, 77 2 A - 08024 Barcelona - Spain.
Article 11: Intellectual property rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 12: Force majeure
The performance of the seller's obligations under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 13: nullity and modification of the contract
If one of the stipulations of this contract were canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 14: Protection of personal data
In accordance with the Data Protection Act of January 6, 1978, you have the rights to question, access, modify, oppose and rectify your personal data. For the deletion of your data, contact us via the contact form. By adhering to these general conditions of sale, you agree that we collect and use this data for the performance of this contract.
We will only process or use your data insofar as it is necessary to contact you, ensure the processing of your requests, create and manage your user profile, ensure the execution of our services, carry out statistical studies, comply with our legal obligations.
Access to your personal data is strictly limited to our employees and, where applicable, to our subcontractors. The subcontractors in question are subject to an obligation of confidentiality and may only use your data in accordance with our contractual provisions and applicable law. Apart from the cases set out above, we undertake not to sell, rent, transfer or give access to third parties to your data without your prior consent, unless we are forced to do so for a legitimate reason (obligation legal, fight against fraud or abuse, exercise of the rights of defense, etc.)
Article 15: Limitation of liability clause
A clause limiting the Seller's liability is stipulated for the performance of the service at 99 euros.
Article 16: applicable law
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law.