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GENERAL CONDITIONS OF SALES

Version 1.2 of May 3, 2016


Article 1: preamble

1.1 - the catalogue

The present product catalog on the website "boutique.semageek.com" was implemented by SAS SEMAGEEK who is the operator.

Any order validated by the customer on the "boutique.semageek.com" site implies acceptance of the present general conditions of sales (GTS). 

1.2 - validation of the order and the General conditions of sales

These general terms of sale requires no handwritten signature and are accepted by the way order, the customer acknowledges having read the present General Conditions of sales.

1.3 - modification of the General conditions of sale

The terms and conditions (GTC) are likely to be modified by SAS SEMAGEEK. In this case, the conditions applicable to the client will be those in force on the site during the validation of the order by the customer. 

1.4 - contractual information

The following information is available on the online product catalog: 

  • Instructions of products
  • Details of the characteristics of the products
  • Indication of the price in euro of the products and participation in the shipping cost.
  • Details of the terms of payment, delivery
  • Detail of the right of withdrawal 
  •  

1.5 - reciprocity of obligations

These terms and Condition of sales used to define rights and obligations both for the customer and the seller. It goes without saying that the client accepts all of these, and the seller agrees to respect. 


Article 2: General information

2.1 - object

The General Conditions of sale (t & c) are intended to define the rights and obligations of the customer and the seller as part of the online sale of products offered by SAS SEMAGEEK customer. 

2.2 - contract documents

The contract between the customer and the seller in a purchase is composed of the present general conditions of sales and purchase order. The terms and conditions will prevail over the purchase order in the event of dispute between the two. 

2.3 - validity

These terms of sale (GTS) are valid from the date of signature of the purchase order by the customer until the end of warranty of each of the products ordered. 

2.4 - validity of the electronic signature

"According to the law of 13 March 2000 on electronic signature, the order form signed by the customer by"double click"constitutes irrevocable acceptance may in no case be questioned except in right of withdrawal" and "out of stock" defined in these general conditions.

The electronic signature by function "double-tap" when ordering a value of handwritten signature between the parties. 

2.5 - proof of transaction

Storage of the purchase orders and invoices will be made and can serve as legal evidence, these documents will show as proof of transaction between the two parties.

This storage will be performed in conditions of reasonable safety. 


Article 3: products

3.1 - information

Pursuant to section L111-1 of the Code of consumption, the essential features of the various products are clearly announced, to give the opportunity to the client to know the potential of each product before its order. 

3.2 - price / VAT

The prices are in Euros TTC, with application of VAT (Art. 293 B of the CGI): they are therefore identical for buyers of the ECE and for buyers outside the EEC.

Participation in shipping costs will be indicated in addition before the final validation of the order. 

3.3 - availability

Information on the times of availability is indicated on each product page.

This information that can be transmitted according to deadlines of the suppliers and carriers, no final unavailability or eventual postponement of the dates of availability cannot engage the responsibility of SAS SEMAGEEK or right to damages and interest for the customer. 

3.4 - validity of the product offerings

The presented products offers are valid only within the limit of stocks available.

The times of availability, price, or the assortment of products may change without notice based on the constraints related to the suppliers and carriers, the customer will be informed of these changes. 

3.5 - conformity of the product catalog

The products sales are in conformity with the French legislation in force and the various standards applicable in France.

Consider the fact that the photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented on the catalogs may not be contractual.

No liability of the seller shall be held with respect to the contractualite of visuals, photos, graphics, texts and descriptions of products in the event of discrepancy or omission of details. 

3.6 - mutual obligations

 

3.6.a: the customer

In the case of an impossibility total or partial use the products by the customer, for any reason including in for the sake of compatibility of equipment, no compensation, reimbursement will be made, the seller's liability shall not be questioned.

Devices sold with professional features are planned to be sold to individuals. No claims will be accepted in the case of use in professional use. 

3.6.b: the dealer

In case of unavailability of a product, the seller will inform the customer of a new availability date according to that announced by the suppliers and carriers.

If downtime becomes extended, the seller will provide to the customer an equivalent product or may cancel the order of the product and will refund as appropriate. 

3.7 - software information

The seller advises the customer to carry out backups of its personal data before any installation of software products provides with products or sold on the Internet site. The seller cannot be held responsible for any loss of data, or damaged files from the client. 

3.8 - transfer of ownership

Products purchased on the website are the integral property of the vendor until total receipt of the products by the customer including the regulation of costs related (port, tax, eco participation fees, etc...).

In the case of transfer of ownership to a third party, the liability of the seller, SAS Semageek, cannot be committed any. Only the original purchaser benefits from these general terms of sales. 

3.9 - field of use of the products

Any use of the products in the following areas are strictly prohibited:

  • Aeraunautique
  • Aerospace
  • Automobile and vehicle
  • Medical and Paramedical
  • Nuclear

 


Article 4: order

4.1 - confirmation of the order

An order confirmation will be made by electronic mail. If some commands require documentary evidence, that this must be provides to the audit service order to validity the full command.

In case of non receipt of these documents supporting, or considered to be non-compliant, the seller may proceed with cancellation of said order. 

4.2 - data relating to the customer

If an order is paid by cheque or cash, it will be processed at physical reception of the payment method. delivery times will also take effect from that date there.

The customer undertakes to check the accuracy and compliance of the documents relating to the delivery address provided to the seller. The seller can not be held responsible in case of a wrong shipping address provided by the customer, in this case here, the seller can not be held responsible for delays in delivery or forwarding.

The forwarding costs will be charged to the buyer in the case previously. 

4.3 - command

The customer will be notified by e-mail when sending its order forecast.

The command can be run at the latest within a period of 30 days after the validation of the order by SAS SEMAGEEK (payment received and effective, and checking the order) 

4.4 - breach of the order

A command can not run and the seller not be held responsible in case of 

  • out of stock or unavailability of the product, force majeure, disruption, of total or partial strike especially in the postal services and means of transport and/or communications, flood, fire. SAS SEMAGEEK No liable for all damage indirect as a result of the present, loss of exploitation, loss of profit, loss of chance, damage or fees, that may arise as a result of the purchase of the products.
  • If an ordered product is unavailable, the client will be informed as soon as possible and will have the ability to modify or cancel the order. In the case of a cancellation of the order, the customer has the possibility to request a refund of the amounts received (this refund will be made within 30 days at the latest from the date of cancellation of the order). It may also request an exchange of product equivalent price and features in agreement with the seller.
  • If an Exchange is not possible, the seller may cancel the customer's order and will refund the sums collected.
  •  

4.5 - mutual obligations 

4.5(a): customer 

The customer undertakes to check the accuracy and compliance of the documents relating to the delivery address provided to the seller. The seller can not be held responsible in case of a wrong shipping address provided by the customer, in this case here, the seller can not be held responsible for delays in delivery or forwarding.

The forwarding costs will be charged to the buyer in the case previously.

If a command requires a check, the customer agrees to provide a photocopy of proof of identity and a copy of a proof of address. The command will be so validated at reception of these documents. If these items are not sent within 15 days after the validation of the order, the seller may cancel the order. 

4.5(b): reseller

The seller undertakes to provide to the customer any modification of its order in the following areas: time, price, features, and leave the opportunity to the client to modify his order in any thing. 

4.6 - participation in shipping costs

Participation in the shipping cost will be asked for any order made on the site. Its amount will be clearly indicated during the validation of the order. 

4.7 - tips

The seller advises the buyer kept track of all orders on paper or computer until the actual shopping receipt, and also the purpose of product warranty period. 


Article 5: payment

5.1 - validation

Payment by cheque requires three working days after receipt to be valid, their collection is done soon after confirmation of the order.

The payment by credit card and paypal are payable directly after confirmation of the order. 

5.2 - payment method

In order to pay for an order, the customer has several ways of payment: cheque, bank transfer, credit card or Paypal.

Any cheques must be issued from a French Bank. Shipping times are recalculated 3 days after receipts of the cheque. 

5.3 - full payment

All orders must be paid in full. The seller reserves the right to cancel any order paid partially. No complaint shall be accepted for a partial payment. 

5.4 - mutual obligations 

5.4.a: customer

The customer has the obligation to have the necessary permissions to use the means of payment of his choice. It must also ensure to be solvent.

The customer must be in possession of the means of payment used. 

5.4.b: reseller

The seller may cancel any orders in case of dispute on the means of payment and in case of refusal to pay on the part of the banks.

The seller will not be held responsible for any use of a fraudulent payment method or a third party despite verification systems set up on the site.

The seller cannot be held responsible in case of problem of payment used by a third party (Paypal), particularly in the case of identity theft. 

5.5 - tips

The seller strongly advises the buyer to ensure the solvency of the payment method used before the validation of the order.  


Article 6: delivery

6.1 - General information

An order is considered to be resulted when all of the product has been shipped and that payment of his full, products, fresh item and shipping has been paid. 

6.2 - terms and conditions

The order will be delivered to the address indicated by the customer on the order form.

The seller to choose the mode of transport suitable depending on the volume and the weight of the products.

The vendor advises the customer to ensuring to have provided all the information necessary for the delivery by the carrier at the time of his purchase order. 

6.3 - reservations

Upon receipt of the parcel, the customer has the obligation to verify the physical state, as well as the contents of the package in the presence of the deliveryman.

Any anomaly should be indicated clearly on the transportation of handwritten way slip indicating precisely the reason for the anomaly (in detail) and must be dated and signed by the customer.

The customer must report this anomaly by registered letter to the carrier, within two working days of receipt of the order by indicating the reason for his complaint.

Customer will also transmit a copy of this mail to the seller in the shortest delays accompanied as appropriate by a "finding of spoliation" or of the "statement of anomaly" obtained from the carrier.

Any complaints received after the deadline will be definitively rejected without recourse for the customer. 

6.4 - mutual obligations 

6.4.b: customer

Upon receipt of the parcel, the customer has the obligation to verify the physical state, as well as the contents of the package in the presence of the deliveryman.Absence of the customer, a person entitled to take delivery can do this, if it is mandated by the client. 

6.4.a: reseller

The seller will to regularize the situation with the carrier in the event of delivery anomalies, and once all steps performed by the customer.

The seller cannot be held responsible for any delay in delivery. 

6.5 - delivery times 

Particular case of the post office

In the case of a delay in delivery of the mail, within eight working days after the date of shipment indicated by the seller by e-mail, it is suggested to go check at your post office if package is not in the process of delivery. Please indicate the Customer Service of the seller, either by phone or by mail, this delay in delivery.(cf. art. 12 - 12.9)

The seller will then ask the post office to carry out an investigation that can last up to 21 days. After this time the post Office considers the parcel as lost. Only at the end of this period, the seller may make a new shipment of the product. If by chance the product are unavailable, the seller will be a refund of the products.

If the investigation concluded a delivery by post, the seller will not be responsible and the package will be considered as delivered. 

In case of delayed delivery by other carriers

In the case of a delay in delivery, within five working days after the date of shipment indicated by the seller by e-mail, please indicate to the Customer Service of the seller, either by phone or by mail, this delay in delivery. (cf. art. 12 - 12.9)

The seller will then ask the carrier to carry out an investigation. If the parcel is deemed to be lost by the carrier, the seller may make a new shipment of the product. If by chance the product are unavailable, the seller will be a refund of the products.

If the investigation concluded in a delivery, the seller will not be responsible and the package will be considered as delivered.

6.6 - anomaly / plunder 

As part of a delivery by the post office,

If the parcel is delivered open or damaged, it is requested from the customer to establish "handwritten reserves" on the delivery note and to establish a "problem statement" by the factor or the post office upon which it depends.

This form should be forwarded to the seller so that one can investigate and initiate proceedings for compensation if necessary.

If the customer refuses the goods at the delivery, the customer will have asked the carrier return to SAS SEMAGEEKparcel, accompanied by a "finding of spoliation" (report 170) and keep a copy. 

As part of a delivery made by other carriers,

If the parcel is delivered open or damaged, it is requested from the customer to establish "handwritten reserves" on the delivery note. He must also write a mail to the carrier under 2 working days after reception.

A copy of this mail will be sent to the seller so that one can investigate and initiate proceedings for compensation if necessary. 

6.7 - tips

Be careful, only anomalies mentioned in the "handwritten reserves" are taken into account in the resolution of litigation by the carrier.

It is recommended the customer to keep in his possession all elements to a contentious delivery (products, packaging, etc.) until full resolution of his case.

Without these conditions, a refusal of the dispute by the carrier support may be. 


Article 7: Reception

7.1 - terms and conditions

The customer has two working days following the receipt of the order to make a claim to the seller in case of error of delivery or non conformity of the products compared to the purchase order. Beyond this period, no claim will be taken into account and the customer will not be able to wear appeal. 

7.2 - delivery errors

In the case of a delivery error, the customer is required to keep the package in the State and contact Customer Service. 

7.3 - conforming products

If the products are non-compliant compared to delivery, the customer may make a claim under the terms to the Customer Service explicitly specifying the reasons for non-compliance. 

7.4 - mutual obligations 

· 7.4.a: the client

Any claim must be made according to the rules above, and with a time period to take into account. Otherwise the liability of the seller will be clear. 

· 7.4.b: dealer

The seller will do the necessary to settle disputes as quickly as possible. In the case of an error on the seller, it will support the return of products by the mode of transport of their choice. 

7.5 - tips

It is recommended the customer to keep in his possession all elements to a contentious delivery (products, packaging, etc.) until full resolution of his case. 


Article 8: Right of withdrawal

8.1 - General information

According to the law, you have a period of 15 calendar days to return, at your expense, the products are not suitable to you. This period shall start on the date of receipt of the goods. 

8.2 - terms and conditions

All returns must be completed in accordance with Customer Service.

A return number will be then awarded to the product that must be returned to the Customer Service.

In all cases, return remains to the load and the risk of the customer.

If this return is justified, the customer will be able to get a refund excluding shipping costs, or may request the sending of an equivalent product, postage remaining the responsibility of the customer.

The return of product must be performed in its original packaging with all items at the reception, otherwise, it will be applied a discount by the seller during the refund,  

8.3 - mutual obligations 

· 8.3.a: the client

Any product returned as part of a withdrawal must be returned to the Customer Service in a new condition and clean for resale. It must have the packaging complete and associated records. otherwise, it will be applied a discount by the seller during the refund,

· 8.3.b: dealer

In case of right of valid withdrawal of the customer, the seller has 15 days to refund the customer after receipt of the goods. This period may be extended to 30 days in the event of technical audit by Customer Service.

The customer will be reimbursed by the means of payment chosen by the seller (cheque, paypal). 

8.4 - tips

In case of return, it is recommended the customer to perform a sending recommended with insurance in the amount of the goods.

Any right of withdrawal after 15 days will be refused by the seller, the delivered goods will be regarded as conforming to the order and accepted by the customer.

You should be good to pack your return parcel and provide all the elements necessary for a resale as new. 


Article 9: Returns

9.1 - General information

Before returning a product, a prior agreement must be established with Customer Service and must meet the conditions defined by the service after sale (SAV).

Without this agreement, any product returned will be refused and returned to the responsibility of the sender. 

9.2 - terms and conditions

Upon receipt of the claim, a return number will be then awarded to the product that must be returned to the Customer Service. This number is valid for eight days.

In the case of a proven compliant delivery, Customer Service will transmit a label prepaid to the customer either by mail or electronically. 

The product sets in the claim shall be returned in its original packaging and in perfect condition.

The return number must be visible on the packaging to facilitate her treatment by the customer service.

A good return, provides Customer Service will also be transmitted inside the package. 

9.3 - tips

Before returning a product, a prior agreement shall be established with Customer Service

If the procedures listed above are not met, no claim shall be claim.

The return parcel must be packed properly. 

9.4 - conditions for reimbursement of the expenses of return

If the client has not used the prepaid label that was addressed to him by the Customer Service, the seller may not pay the transport costs incurred by the customer unless otherwise agreed with the Customer Service.

The return costs will be reimbursed just if the liability of the seller is being challenged, when the failure of the product and if it matches well with the statement made by the customer to the Customer Service. 


Article 10: Product warranty

10.1 - terms and conditions

The seller tells the client that most of suppliers requires to keep the packaging of origins in order to be covered by the warranty.

The seller will refuse any return of product covered by the manufacturer's warranty.

Products purchased on our site have the warranty specified on the item card or in the instructions enclosed with the appliance, or downloadable on the manufacturer's website.
The various manufacturers guarantees are generally of one year, parts and labor, except in the case of end of series, unsold products, opportunity or product demonstration including the warranty period is limited to 3 months. However, depending on the brand of the product, some take only support the spare part.
It is therefore necessary to get in contact with the manufacturer, who will be the most able to ensure that the defect in the product and inform you of the possible terms of repairs.

In the case of a defective product during the warranty period, the customer is invited to get in touch with customer service who will indicate how to return the product.

Before returning a product, a prior agreement must be established with Customer Service and must meet the conditions defined by the service after sale (SAV).This agreement is valid eight working days.

Without this agreement, any product returned will be refused and returned to the responsibility of the sender.

If right of return, the defective product must be returned in its original packaging and complete. 

10.2 - General information

In accordance with article 4 of Decree n ° 78-464 of 24 March 1978, the provisions of this agreement cannot deprive the client of the legal warranty which requires the professional seller to guarantee against all the consequences of the thing sold hidden defects. This clause is applicable as part of a comprehensive settlement of the order.

SAV treatment can last on average between four and eight weeks. 

10.3 - conditions

The conditions and duration of warranty manufacturer/Publisher are those indicated on the product when ordering sheets

Some warranties with manufacturer direct repairs or interventions on site, it is advisable to inquire with Customer Service and/or the manufacturer, before a right request a return. 

10.4 - mutual obligations 

· 10.4.b: customer

All expenses and risks related to the return of the product under warranty are charged to the customer.

The customer is responsible to return with product of the parts necessary for the application of the guarantee. 

· 10.4.a: reseller

The seller guarantees the customer of any hidden defects that may affect the goods at the time of delivery. 

10.5 - out of warranty

Past the warranty period, no product will be taken back or exchanged. 

10.6 - tips

The customer is informed that the seller is not the producer of the products put on sale on the website in accordance with the law n ° 98-389 of 19 May 1998 and relating to the liability for defective products.

As a result, the seller's liability cannot be engaged in the case of damage to a person or a property because of a product defect.

Any failure of a product produced by a bad condition of use or handling of the customer will void the manufacturer's warranty, of this fact, a repair can be made only on request, to the responsibility of the customer. 


Article 11: Residents outside metropolitan France

11.1 - General information 

No delivery will be made outside metropolitan France apart from the list of the countries or States:

  • Germany
  • Belgium
  • Spain
  • Italy
  • Luxembourg
  • Netherlands
  • United Kingdom
  • Switzerland
  • Guadeloupe
  • Martinique
  • Mayotte
  • Morocco
  • New Caledonia
  • Meeting
  • Saint-Barthélemy
  • Saint-Martin
  • St. Pierre and Miquelon
  • Wallis and Futuna
  • French Guiana
  • French Polynesia
  • French Southern Lands

 


Article 12: Legal notice & and legal Clauses

12.1 - force majeure

Neither of the parties will be failed in its contractual obligations, to the extent where their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. 

12.2 - links

Hypertext links may redirect you to sites other than "boutique.semageek.com". The seller releases all responsibility with respect to such sites and their content. 

12.3 - usage rights

This site is subject to the intellectual property rights, no partial same copy is allowed. 

12.4 - computing and liberties

In accordance with the French law "Computing and freedoms" n ° 78-17 of 6 January 1978, the customer has a right of access and of correction to the data concerning and may exercise this right by sending a mail to the following address: SEMAGEEK SAS-6 aisle of the Drac - Chantegrive - 13140 MIRAMAS 

12.5 - applicable law

This site is subject to French legislation, before any appeal you should be contacted customer service for out-of-court settlement. 

12.6 - information about the services of SAS SEMAGEEK

The "boutique.semageek.com" site is operated SAS SEMAGEEK

SIREN 789 532 421 RCS London

EPA: 4791B-

SAS with a capital of €3000

VAT NUMBER: FR59789532421 


Article 13: Contact

SEMAGEEK SAS - 6 aisle of the Drac - Chantegrive - 13140 MIRAMAS

Phone: 09.54.72.33.18 / 06.81.26.21.19

Fax: 09.59.72.33.18

Email: boutique@semageek.com  


Article 14: host

ONLINE SAS - BP 438 - 75366 Paris CEDEX 08

Tel: 0 184 130 000


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