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General terms and conditions

Article 1: Scope

 

The general conditions of use apply exclusively to current and future business relationship between the company Smachine SARL("we") and the author of the order ("you"). These general conditions of use is to define the rights and obligations of the buyer in respect of Smachine.fr electronic catalog. In case of a purchase order, the contract falls within the regulation of distance selling and is subject to French law (in particular in Articles L121-16 to L121-20 of the Consumer Code). 

The head of the offer is the company Smachine SARL. For more details, see the Legal Notice

Product offerings and prices displayed on the Smachine web site are valid until they are visible on the site, subject to availability.


Smachine may amend these terms and conditions at any time, subject to modifications appear on the site www.smachine.fr

 

Article 2: Products 

Products can be added or removed from www.smachine.fr catalog without notice. 
The products are conform to French legislation. Responsibility for Smachine can be incurred in case of non compliance with the legislation of the country where the products are delivered. It is the buyer or recipient of the product to check with local authorities the possibility to import or use thereof. 
Smachine can not be held liable for any accidents or damage that may occur in the use of items sold.

The products offered in the catalog www.smachine.fr benefit from the legal guarantee against hidden defects under the 1640-1641 and following of the Civil Code.


Article 3: Order 

We are committed to accept your order in these terms and conditions of sale.

Please note that we will respond to your order while stock is available.


When ordering, we inform you of the availability of the products you wish to acquire. However, if, despite our vigilance, the products are temporarily unavailable (out of stock, reprint, etc.) following your order, we will notify you by email and invite you to cancel or change your order. If the products be permanently unavailable (stocks, etc.) after order we will automatically cancel your order and notify you by email.


By confirming your order, you agree to all these terms and conditions of sale available to you on the site, and acknowledge to have perfect knowledge, giving thus to take advantage of any contradictory document, including your own terms Terms of purchase, the act of purchase involving acceptance of these terms and conditions. This confirmation and all the data we have recorded will constitute proof of our transactions.


Article 4: Prices and invoicing 

In accordance with French law, the prices are indicated before tax (VAT) and all taxes included (TTC) in euros, excluding shipping and processing of your order.

The user should perform these transportation costs, unless subject to special offers by exempting.

We reserve the right to change prices at any time but we are committed to applying the current rates that were displayed at the time of your order subject to availability on that date.

The additional costs to certain countries remain to the customer (outside the European Community).


Article 5: Payment 

The price is payable immediately on the date of the order. You can make your payment by credit card, Paypal or check.

Cards issued by banks outside of France must be international bank cards.

Sensitive information about your credit card is never entered on our site, but those of payment operators (CIC PayPal) that ensure the security of transactions. 
Therefore, at no time we become aware of this information and these are never recorded by Smachine.

However, for security measures, we record in our IP database of all customers who made transactions on our website.

For payments via PayPal, you no need to have a Paypal account  http://www.paypal.com

 

Article 6: Delivery, delivery charges, deadlines

 

Unless otherwise provided, delivery is made to the address you provided when ordering. The risks are your responsibility from the date on which the ordered products leave our premises. Delivery times are provided for information only.

Deliveries are made to countries listed on Smachine.fr. Orders are sent from the premises of Smachine. Shipping fees are the responsibility of the buyer. These fees are calculated based on the value and destination of the shipment.

Shipments should arrive in 2 days on average in France, 5 to 10 days in Europe and 15-31 days in the rest of the world. These delivery times are indicative only and are not contractual. Exceeding these limits can not give rise to any cancellation of the order, any reduction in the price paid by the buyer, and no payment of damages, as Smachine makes immediate contact and the damage is not intentional, or is not the result of gross negligence.


Article 7: Returns 

In accordance with Article L.121-16 of the Consumer Code Amended by LAW 2014-344 of March 17, 2014 - s. 9, the consumer has a period of 14 working days from the date of delivery of his order to return any item does not suit him and request an exchange or refund without penalty, except for expenses return.

After this period of 14 days, the delivered products will be deemed to comply with your order and accepted by you.

 

Article 8: Return Procedure 

Return costs in the event of withdrawal will be your responsibility.

The cost of returning a product declared not to comply with the order, will be supported by Smachine. Simply contact us for a postage sent to you at our expense.

The right of return will  be accepted only for complete products in their original condition with a copy of the purchase invoice. Items returned incomplete, damaged by the customer will not  be refunded or exchanged.

We strive to make you an exchange, credit or refund within a maximum period of 15 days after receipt of the goods by us.

No cons sending refunds will be accepted.

 

Article 9: Reservation 

The delivered goods remain our property until you have fulfilled all your obligations to us and in particular until full payment. This retention of title shall not prevent the transfer of risks that will be your responsibility from the date on which the ordered products leave our premises in accordance with Article 6.


Article 10: Warranty 

The warranty for the products debuted days of purchase. It is recommended to check the integrity of packages and to make reservations to the shipper or refuse the goods when in doubt. In case of damage caused by the carrier's responsibility Smachine can not be held and the guarantee would not be applied.

Our Longboards and Skateboards have a 3-year warranty, against delamination and structural damage. Any other damages resulting or not of a so-called "conventional" use of our product is not covered by our warranty. For inquiries related to the warranty , Please contact us via the "Contact" page or by email to sav@smachine.fr.

All other products sold on www.smachine.fr benefit from the respective warranty of their manufacturers. If a problem with a product from another brand sold on www.smachine.fr, Smachine will be the intermediary between you and the distributor or manufacturer. Given the disparity of brands warranty offers sold on www.smachine.fr, treatment will be done case by case and according to the specific conditions of each brand.

To qualify for the guarantee of the products it is imperative to keep the invoice and / or the numbered card (in the case of Smachine products).

We remind you that you also get the legal warranty against hidden defects under the 1640-1641 and following of the Civil Code.


Article 11: Protection of personal data 

Under the Data Protection Act of 6 January 1978, you have a right to access and rectify information concerning you. Just to exercise this right, send an email to contact@Smachine.fr or write to the address mentioned in the Imprint. Under no circumstances do we communicate confidential information related to your account.

The site database Smachine.fr has been declared to the CNIL.


Article 12: Responsibility 

The items offered are in accordance with French law. Responsibility for Smachine can not be held liable for failure to comply with the legislation of the country where the item is imported and used (censorship, banning of a visual, model ...)

The characteristics of our products may be modified or improved at any time. Text and images contained in the online store and illustrating the items presented do not enter the contractual field.


Article 13: Intellectual Property 

All photos, images, logos, graphics, video, descriptions and texts contained in the online store are protected by international copyright.

For this reason and in accordance with the provisions of the Intellectual Property Code, only private and free showings exclusively within the family circle and restricted to copies or reproductions for private use and not intended for collective use are authorized . A prior authorization default communicated in writing by Smachine, any other use constitutes infringement and is punishable under the Code of Intellectual Property.


Article 14: Applicable law and jurisdiction 

All relations arising because of the connection and / or use of this site is subject to French law. All disputes concerning the business relationship between you and us are subject to the exclusive jurisdiction of French courts.

The competent court in case of dispute will be the Créteil Court.