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Global terms and sales conditions (GTCS)

Conditions Générales de Vente (CGV)

Company Access-Ability BP019, 80490 Hallencourt, France, EURL with a €5,000 social capital, registered in the Registry of Commerce under number FR 80 525 206 264, SIRET 525 206 264 00018 – APE 4669B, represented by Mr Samuel DUMEIGE as a Manager, duly empowered for the purposes hereof. The company can be contacted by email or by clicking on the contact form accessible via the contact page of the website.

The general terms and conditions of sale are valid on products sold on https://www.access-ability.eu/en/products-for-wheelchair-accessible-vehicles/. Last updated on 18/10/2016.

Article 1: purpose

These general conditions of sale determine the rights and obligations of the parties in connection with the online sale of products offered by the seller.

Article 2: General conditions

These general conditions of sale (GCS) apply to all sales of products, made through the website of the company which are part of the contract between buyer and seller. The Seller reserves the possibility to modify the present, at any time by the publication of a new version on its website. The applicable GTCS are those prevailing on the date of payment (or the first payment in case of multiple payments) of the order. The company also ensures that their acceptance is clear and unqualified by setting up a check box and a click of validation. The customer declares to have read all of these general terms and conditions of sale, and, where applicable, special conditions of sale related to a product and accept them without restriction or reservation. The customer acknowledges that he has benefited from the advice and information necessary to ensure the adequacy of the offer to his needs. The client declares to be able to contract legally under French laws or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.

Article 3: Price

The prices of the products sold through the website are indicated in euros excluding taxes and shipping costs and precisely determined on the pages of product descriptions. They are also indicated in euros all taxes included (VAT, specific shipping costs + other taxes) on the product ordering page.

The company reserves the possibility to change its prices at any time for the future. The telecommunication costs required to access the company’s websites are borne by the customer.

For all products shipped outside the European Union and/or DOM-TOM, you are the importer of the product or products concerned. Customs duties or other local taxes or import duties or state taxes may be payable. The price is automatically calculated out of this type of tax on the invoice. These rights and sums are not the responsibility of the company Access-Ability.eu. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of your country. We advise you to inquire about these aspects with your local authorities. All orders irrespective of their origin are payable in euros.

The company Access-Abilit reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability.

Attention: as soon as you take physical possession of the products ordered, the risks of loss or damage of the products are transferred to you.

Article 4: Products

The essential characteristics of the goods and their respective prices are made available to the purchaser on the company’s website. The customer attests to 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 order of the customer within the limit of the stocks of products available only. If not, the seller informs the customer. This contractual information is presented in detail and in French language. According to French law, they are the subject of a summary and confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. Unless otherwise specified, the rights granted hereunder are solely to the natural person who signed the order (or the person holding the email address communicated). In accordance with the legal provisions on compliance and hidden defects, the seller reimburses or exchanges the defective products or does not correspond to the order. The refund can be requested in the following way: email/postal route (information on our website, contact page). Returns are to be carried out in their original condition and complete (packaging, accessories, instructions) so that they can be re-marketed in the new condition. Reimbursement will be made by bank transfer from the reception of the SWIFT and IBAN codes. The shipping costs will be refunded on the basis of the invoiced price and the return costs will be refunded upon presentation of the receipts.

Article 5: Ordering

You can place an order:

The contractual information is presented in the French language and will be confirmed at the latest at the time of the validation of your order.

The company Access-Ability.eu reserves the right not to register a payment, and not to confirm an order for any reason, especially in case of problems of supply, or in case of difficulty concerning the order Received.

Article 6: Validating your order

Any order appearing on the website https://www.access-ability.eu/en/products-for-wheelchair-accessible-vehicles/ assumes adherence to these terms and conditions. Any confirmation of order entails your full adherence to these general terms and conditions of sale, without exception or reservation.

All the data provided and the recorded confirmation will be proof of the transaction. You declare you have perfect knowledge.

The order confirmation will be the signature and acceptance of the transactions carried out.

A summary of the information of your order and these general conditions will be communicated in PDF format via the email address confirming your order.

Article 7: Payment

The fact of validating your order implies for you the obligation to pay the price indicated. The payment of your purchases is done by credit card thanks to the secure system of PayPal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Payment is due immediately to the order. Once the payment is initiated by the customer, the transaction is immediately debited after checking the information. In accordance with article L. 132-2 of the monetary and financial code, the payment commitment given by card is irrevocable. By communicating its bank information at the time of sale, the customer authorizes the seller to debit his card of the amount relative to the price indicated. The customer confirms that he is the legal holder of the card to be charged and that he is legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately resolved as of right and the order cancelled.

Article 8: Availability

Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In case of unavailability of an item for a period exceeding 10 working days, you will be immediately notified of the foreseeable delivery times and the order of this item may be cancelled upon request. The customer will then be able to request a credit for the amount of the item or reimbursement.

Article 9: Retention of title clause

The products remain the property of the company until the full payment of the price.

Article 10: Withdrawal period

In accordance with the provisions of article L. 121-21 of the consumer code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of retraction without having to justify reasons or to pay penalty. “The time limit referred to in the preceding paragraph shall run from receipt for the goods”. The right of withdrawal can be exercised by contacting the company by email/postal route (information on our website, contact page).

Returns are to be carried out in their original condition and complete (packaging, accessories, instructions) so that they can be re-marketed in the new condition. In this context, your responsibility is committed. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal or to incur additional costs. Once the withdrawal period has passed, the return, if accepted, will generate a management fee of 25 euros minimum, which will be deducted from the amount already paid by the customer.

In case of exercise of the right of withdrawal, the company access-ability will reimburse the sums paid, by bank transfer within 14 days after the notification of your request under condition of receipt of the SWIFT and IBAN codes.

Only the price of the product (or products purchased) and the shipping costs will be refunded, the return costs remain the responsibility of the customer.

Article 11: Delivery

The products are delivered to the delivery address indicated during the ordering process.

The delivery time of an order depends on your country. Access-Ability.eu ships your order in 72 hours maximum from the receipt of your payment, then add to that the delivery time of the post office:

  • 48 hours in metropolitan France
  • 4 to 10 working days abroad

In case of delayed shipping, an email will be sent to inform you of a possible consequence on the delivery time indicated to you.

In accordance with the legal provisions, in case of delayed delivery, you benefit from the possibility of cancelling the order under the conditions and modalities defined in article L 138-2 of the consumer code. If in the meantime you receive the product we will proceed to its reimbursement and to the shipping costs under the conditions of article L 138-3 of the consumer code.

In case of delivery by a carrier, the company Access-Ability.eu cannot be held responsible for delay of delivery due exclusively to the unavailability of the customer after several proposals of appointments.

The seller recalls that at the time when the customer is physically holding the products, the risks of loss or damage to the products are transferred to Him. It is the customer’s responsibility to notify the carrier of any reservations about the delivered product.

Article 12: Guarantee

All our products benefit from the legal guarantee of conformity and the guarantee of latent defects, provided for in articles 1641 and following of the civil code. In case of a product sold, it may be returned, exchanged or refunded.

All claims, requests for Exchange or reimbursement must be made by email/postal route (information on our website, contact page) within 30 days of delivery.

The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, notice…). The shipping costs will be refunded on the basis of the invoiced price and the return costs will be refunded upon presentation of the receipts.

The provisions of this article do not prevent you from benefiting from the right of withdrawal provided for in article 10.

Article 13: Liability

The products proposed conform to the French legislation in force. The responsibility of the company Access-Ability.eu cannot be incurred in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to verify with the local authorities the possibilities of importing or using the products or services you intend to order.

Furthermore, the company Access-Ability.eu cannot be held responsible for damages resulting from misuse of the product purchased.

Finally, the responsibility of the company Access-Ability.eu cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a breakdown of service, an external intrusion or the presence of viruses Computer.

Article 14: Applicable law in case of conflict

The language of this contract is the French language. These terms of sale are subject to French law. In the event of a dispute, the French courts will be the only competent.

Article 15: Intellectual property

All the elements of the website https://www.access-ability.eu/en/products-for-wheelchair-accessible-vehicles/ are and remain the intellectual and exclusive property of the company Access-Ability. No one is allowed to reproduce, exploit, rebroadcast, or use in any way whatsoever, even partially, elements of the site that they are software, Visual or sound.

Article 16: Personal data

Access Ability records only the information collected on our form and is the only recipient of this data. They are necessary for the management of your order, as well as for the improvement of the services and information that we send to you.

They may also be transmitted to companies that contribute to these relationships, such as those responsible for executing the services and orders for their management, execution, processing and payment.

This information and data are also kept for security purposes in order to comply with legal and regulatory obligations.

The information collected benefits from the protection of the law “information technology and freedoms” n ° 78-17 of 06 January 1978 as amended according to the law of 25 may 2018 (RGPD).  They will be kept on paper for a period of up to 18 months and will be destroyed. You have a right of access, rectification, and opposition to the personal data concerning you which are necessary to the processing of your application and to the management of our business relations. To exercise these rights, simply write to us with your name, surname, mailing address and e-mail to give you satisfaction as soon as possible.

Access-ability, 6 rue du bout de la Ville, Hocquincourt, 80490, France.

We may send you newsletters, offers or business information if you have given your consent. If you do not wish to receive this information, simply write to us at contact@access-ability.eu or click on the unsubscribe link in the footer of any email you receive on our behalf.

Access ability uses Sendinblue as a marketing automation platform to promote its products. Your information will therefore be subject to transfer to SendingBlue for processing in accordance with their privacy policy and terms.

Article 17: Evidence archiving

The company Access-Ability.eu will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the civil code.

The computerized registers of the company Access-Ability.eu will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

Article 18: Claims

If applicable, the purchaser may submit any claim by contacting the company by email/post (information on our website, contact page).

Article 19: Force majeure

The fulfilment of the obligations of the seller at the end of the present is suspended in the event of a fortuitous case or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

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