These Conditions are entered into between PWR S.A.S., simplified joint-stock company with a capital of 40 000 €, registered office located in MOMMENHEIM-FRANCE 67670, 2 RUE DE ROME BP 80092, registered with the Corporate and Trade Register of Strasbourg under number TI 494067952, hereinafter referred to as “Road-Store” for the first party, and persons who wish to make a purchase via the Road-Store e-commerce website, for the other party: www.road-store.com hereinafter referred to as the “user”.
The Parties agree that their relationships shall be exclusively governed by this contract, to the exclusion of any other contract previously available on the website. If a condition was defaulting, it would be considered as governed by currently prevailing practices in distance selling for Companies whose registered office is located in France.
The purpose of these Conditions is to define the sales terms between Road-Store and the user, from placing an order to receiving delivery thereof. Said Conditions regulate all stages required for placing an order and ensure follow-up thereof between the contracting Parties.
If one or several stipulations specified herein were deemed as null and void, or declared as such in application of a law, a regulation or pursuant to a final legal decision from a competent court, the effects and scope of the other stipulations would continue.
These General Conditions are enforced as of electronic signature of the order form. These General Conditions are valid for the duration required to provide the goods and services subscribed to, until expiry of corporate warranties. They may be unilaterally and periodically amended by the Company PWR S.A.S. and shall automatically apply to any new orders placed subsequently to such update of these General Sales Conditions.
These General Conditions express the Parties’ entire obligations. Therefore, the user is deemed as having fully accepted the provisions set forth in these General Sales Conditions without reserves.
This online sales contract is made up of the following contractual documents: these General Sales Conditions and the order form. The first shall prevail over the second in the event of any contradiction or conflict in interpretation.
1. CONTRACT FORMATION AND PERFORMANCE
Orders are placed on the Road-Store website: www.road-store.com. Contractual information is presented in French and shall be the subject matter of a confirmation which re-specifies such information upon delivery at the latest. The French language is the only authorised language in the event of dispute; other languages used on the website are available for improved Road-Store website manageability and convenience purposes. The Road-Store website wishes to be considered as a global level e-commerce website.
When you click on the tab “Validate” after the order process, you declare that you accept such order and also these entire General Sales Conditions without restriction or reserves. Data recorded by Road-Store constitutes evidence of transactions performed between Road-Store and the user and only said data shall be prevail in the event of any dispute between Road-Store and the user.
When the user double clicks on the order form, this constitutes an electronic signature which has the same value as a handwritten signature between the Parties.
In all events, providing a bank card number online, and final order validation, shall evidence the entire order in question, in compliance with the provisions set forth by the law dated March 13, 2000 and shall incur valid payability of amounts committed pursuant to computerising the articles indicated on the order form.
Such validation constitutes signature and express acceptance of all operations performed on the website.
Contractual information shall be confirmed by email, upon delivery at the latest, or failing this at the address indicated by the user on the order form.
Computerised records, filed in the Company PWR S.A.S.’ data-processing systems, under reasonable security conditions, shall be considered as proof of communications, orders and payments performed between the Parties. Order form and invoice filing is performed on reliable and long-lasting mediums and corresponds to a reliable and genuine copy thereof, as understood by Article 1348 of the French Civil Code, and may therefore be used as evidence if required.
Road-Store reserves the right to cancel any user’s order with whom a dispute exists relating to the Payment of a previous order.
On its website, Road-Store presents products for sale with the required characteristics for compliance with Article L 111-1 of the French Consumer Code, which provides that the potential consumer is informed of the essential characteristics of the products the latter wishes to purchase, previously to placing his/her final order.
Our product offers are only valid within the limit of available stocks. If a product is not available further to placing your order, we shall inform you by email as soon as possible and you will be entitled to cancel your order The consumer may then decide to request either the refund of amounts paid within 30 days at the latest from payment thereof, or a product exchange.
Prices are specified in euros, including VAT, but excluding packing and transport costs. They include VAT at the applicable rate on the order date.
Any modification in the applicable rate may be passed on to product prices.
Prices are valid as long as they are displayed on the screen. Road-Store reserves the right to modify its prices at any time, but products shall be invoiced on the basis of currently prevailing tariffs when the order is recorded, subject to availability on such date.
Total payment of the price shall be performed when ordering.
Ordered products continue to be owned by Road-Store until full collection of their price by PWR S.A.S.
3. PAYMENT TERMS
To pay his/her order, the user may select any of the payment methods indicated on the order form. The consumer guarantees the Company PWR S.A.S. that the former holds authorisations possibly required to use the selected payment method when validating the order form. The Company PWR S.A.S. reserves the right to suspend any order processing and delivery if authorisation of bank card payment is refused by officially approved organisations or if payment is not forthcoming. In particular, PWR S.A.S. reserves the right to refuse to deliver or fulfil an order placed by a consumer who failed to totally or partially pay a previous order, or with whom a payment dispute is being processed. The Company PWR S.A.S. has set up an order verification procedure intended to ensure that no-one uses another person’s bank details without the former’s knowledge. Our website has a security system intended to protect all data related to payment methods as efficiently as possible.
Road-Store undertakes to deliver ordered articles as soon as possible via reliable logistic means. Products are delivered to the address specified by the user on the order form. The user shall verify the state of the goods’ packaging upon delivery and inform the carrier of any damages on the delivery slip, and shall also inform the Company PWR S.A.S. within one week as of reception of the parcel containing the ordered products.
Any abnormality relating to delivery (damage, missing product as compared to the delivery slip, damaged parcel, broken products…) shall be imperatively specified on said delivery slip as “handwritten reserves”, and signed by the customer. The user shall also confirm said abnormality by sending the carrier a registered letter with acknowledgement of receipt specifying the claim, within 2 business days as of the delivery date. The user shall transmit a copy of said letter by fax or letter to PWR S.A.S.
The consumer shall inform the Company PWR S.A.S. of any claim relating to a mistake in goods delivered and/or non-conformity thereof, or as regards the specifications indicated on the order form, on the date of delivery or first subsequent business day at the latest. Any claims filed beyond the aforementioned deadline shall not be accepted.
You may file your claim with the Company PWR S.A.S. by connecting to our website under the heading “follow your order” or, after entering your customer number, you can ask us your question using the “contact us” menu, being careful to specify your order number.
Any claims which are not filed in compliance with the aforementioned rules and deadlines shall not be taken into account and shall free the Company PWR S.A.S. from any liability as regards the user.
On reception of the claim, the Company PWR S.A.S. will allocate an exchange number for the one or several products concerned and shall send this to the user by email, fax or telephone. A product exchange may only be performed subsequently to allocation of an exchange number to the user, according to the steps specified above.
In the event of a delivery mistake or exchange, any product to be exchanged or refunded shall be returned to the Company PWR S.A.S. by registered parcel, in full and in its original packaging.
To be accepted, the Customer Department of the Company PWR S.A.S. shall be previously informed of any returns.
Carriage costs shall be paid by the user.
All articles may be exchanged or refunded unless otherwise specified.
If a refund is requested for an article supplied free of charge or at a promotional price due to a special offer to the user, then only part of its commercial value will be refunded and not the total value.
All articles are covered by a contractual warranty, without prejudice to the legal warranty specified by Articles 1641 and subsequent of the French Civil Code.
The user is also expressly informed that the Company PWR S.A.S. does not manufacture the products presented on the website, as understood by law n° 98-389 dated May 19, 1998, relating to liability pursuant to defective products. Accordingly, in the event of damages caused to a person or property due to a product defect, only the liability of the product manufacturer may be committed by the consumer, on the basis of information indicated on said product’s packaging. The conditions and term of manufacturers’ warranties are specified on product data-cards. In view of the frequent renewal of technical product components, PWR S.A.S. may, on request, inform the consumer of the availability of spare parts for the proposed product and the terms for possibly obtaining these.
6. RIGHT OF WITHDRAWAL
At the user’s expense, the latter has 10 business days in which to return any products which are not suitable. This deadline starts on the day the user’s order is delivered. If said deadline expires on a Saturday, a Sunday, a public holiday or non-worked day, it is extended until the next business day. The Customer Department of the Company PWR S.A.S. shall be previously informed of such return, by connecting to the website under the heading “follow your order” where, once you have entered your customer number, you can obtain your order number. The registered parcel shall then be returned to PWR S.A.S.
Products such as Records, CDs, Cells shall not have been unsealed for the user to be able to exercise the right of withdrawal.
Electronic products such as players, headphones, mixing consoles etc… are submitted to the legal withdrawal deadline of 7 days.
Only complete products returned in their full and intact original packaging and in perfect sale condition shall be accepted as returns. Any product which has been damaged, or whose original packaging has been damaged, shall be neither refunded nor exchanged.
No penalty is required for said right of withdrawal, except for return costs. If the user exercises this right of withdrawal, the latter may choose either the refund of amounts paid or a product exchange. For exchanges, re-dispatch costs shall be paid by the user.
If the right of withdrawal is exercised, PWR S.A.S. will do its best to refund the consumer within 15 days. However, in view of the technical nature of the products sold, said deadline may be extended to 30 days, in particular if the product requires a technical verification as the latter must be previously tested by our departments.
The user would then be refunded, in particular via crediting the latter’s bank account.
For all website access stages, order process, delivery or subsequent services, PWR S.A.S. only undertakes a best-endeavours obligation. PWR S.A.S.’ liability may not be committed for all drawbacks or damages inherent to using the Internet network, in particular a service interruption, an external intrusion or the presence of data-processing viruses, or for any other occurrence considered as a force majeure event, in compliance with case law. Therefore, neither party shall have defaulted its contractual obligations insofar as the performance thereof is delayed, hindered or prevented by a fortuitous occurrence or a force majeure event. A fortuitous occurrence or force majeure event is any fact or irresistible circumstance, external to the parties, unforeseeable, unavoidable, beyond the parties’ control, which the latter could not prevent, in spite of all possible and reasonable efforts. The party affected by such circumstances shall inform the other party thereof within ten business days following the date on which the former became aware of such event. The two parties shall then contact each other within one month, except if this is impossible due to the force majeure event, in order to examine the impact of the event and agree to the conditions whereby contract performance may be continued. If the force majeure event lasts over three months, these General Conditions may be terminated by the damaged party. The following events are expressly considered as force majeure events or fortuitous occurrences, in addition to those normally accepted as such by French case law and courts: blocked transport or supply means, earthquakes, fire, storms, flooding, lightning; stoppage of telecommunication networks or specific telecommunication network difficulties which are external to customers.
8. APPLICABLE LAW AND POWER OF JURISDICTION
These Conditions are governed by French law. In the event of a dispute and if no amicable agreement can be reached, power of jurisdiction is attributed to the courts of Strasbourg - France, notwithstanding the existence of several defendants and/or exercise of warranty, even for urgent proceedings or precautionary measures in interim court proceedings or pursuant to urgent application.