Standard terms and conditions of sale
1. Purpose
Our sales are governed by these Standard Terms and Conditions of Sale, which take priority over any purchase terms and conditions, unless we otherwise expressly agree in writing. These Terms and Conditions apply to sales by Boreal Concept of the e-tuner appliance and its accessories.
2. Orders
2.1 Ordering procedure: orders may be addressed directly to Boreal Concept’s sales department by mail, internet, or telephone. Goods are shipped to the address stated by the customer when the order is issued, which may differ from the invoice address.
2.2 Order confirmation: each order is confirmed by the dispatch to the customer of a pro forma invoice or an order stating the amounts ordered, the total amount payable with a reference to these standard terms and conditions of sale.
The sale shall not be completed until full and final payment and receipt of the whole amount of the price.
No goods shall be shipped before the full amount due by the customer has been paid. Payment by the customer signifies his acceptance of the Standard Terms and Conditions of Sale, which he shall have perused on the website or on the reverse side of the Purchase Order.
3. Price
3.1 Sale price: goods are supplied at the prices shown on the website and in the marketing documents. These prices are stated net of taxes (“HT”), delivery ex-warehouse, on the one hand for customers residing within the European Union (outside France) who have an Intracommunity VAT registration number, and on the other hand for customers residing outside the European Union. Prices are stated inclusive of taxes (“TTC”), delivery ex-warehouse, for customers residing within the metropolitan territory of France.
3.2 Taxes: in the event that one or more taxes or contributions, including environmental taxes and contributions, are levied or amended, the impact thereof may be reflected in the sale price of our products.
3.3 Freight and packaging costs: freight and packaging costs are invoiced in addition and are based on the order’s weight and destination. The price of shipment is stated on an agreed and final basis, and is set by Boreal Concept.
4. Terms of payment
4.1 Deadlines: the order must be paid on receipt of the Purchase Order or the pro forma invoice.
4.2 Payment methods: orders may be paid exclusively in euros, by cheque drawn out to Boreal Concept (posted to 51 rue de Chabrol – 75010 – Paris - France), by bank transfer (bank account details given on the Purchase Order or the pro forma invoice), or by credit or debit card: since Boreal Concept’s website does not have a protected mode of payment by bank card, the data must by communicated by telephone to Boreal Concept’s sales department, which undertakes to keep such information confidential.
5. Delivery
5.1 Deadlines: delivery times are stated for information purposes only, and may vary depending on available stock.
5.2 Procedures: no order shall be shipped prior to full payment. The means of shipment will be the Colissimo Suivi service of La Poste (French postal service provider): La Poste is therefore solely responsible for delivery periods, both within France and abroad.
5.3 Risks: in the event that a package is lost or delayed, Boreal Concept undertakes to promptly carry out all necessary steps. Any claim concerning the product on receipt thereof by the customer (damaged product inside the package, visible manufacturing defect), must be made within 7 working days as of receipt of the package, by telephone, e-mail or ordinary letter. The shipment advice shall constitute sole evidence of the date of receipt, and no claim shall be entertained as of expiry of the said period.
6. Retention of title and transfer of risk
Boreal Concept shall retain ownership of the goods sold until effective payment of the full amount of the sale price. This provision shall not preclude transfer to the customer of the risks of loss or deterioration of the goods sold ex warehouse, as well as any damage or loss that may be caused by the said goods.
7. Cooling-off period
In accordance with applicable statutory provisions, the customer is entitled to a period of 7 days as of the date of delivery of the products during which those may be returned to the Seller for exchange or reimbursement provided that the products are returned in their original packaging and in perfect condition within 7 days of delivery. The customer shall solely bear all costs of return. For reasons of hygiene, accessories which cannot be resold due to the type of use thereof (earphones for example) shall not be reimbursed.
8. Warranty
Each package shipped is accompanied by a numbered invoice bearing the date of shipment. This invoice serves as proof of purchase and as warranty for each article shipped: it includes the serial numbers corresponding to the articles under warranty (however protective covers and earphones are excluded from the scope of this warranty).
In addition to the warranty for latent defects, the product warranty shall apply in the event that, within a maximum period of 1 year as of purchase, a malfunction or cosmetic defect arises under normal conditions of use or maintenance duly recognised by the after-sales service of Boreal Concept.
All warranties are excluded in the event of improper use, lack of due care or maintenance failure by the customer, nor shall warranties apply to normal wear and tear on the product or in cases of force majeure.
No warranty shall apply to conspicuous defects.
Costs of return carriage and reshipment shall not be borne by Boreal Concept unless the warranty claim is accepted.
9. Intellectual property
The e-tuner appliance is protected under French law by the provisions of the Intellectual Property Code (Code de la Propriété Intellectuelle) and in particular by those sections governing patents.
Customers may not use the appliance and/or documents referring thereto in any manner liable to prejudice or infringe the patent or intellectual property rights of Boreal Concept.
10. Data protection and privacy
In accordance with the French data protection and civil liberties statute (Loi Informatique et Libertés) of 6 January 1978, any customer of Boreal Concept has the right to view and rectify any data concerning him/her and recorded and kept by Boreal Concept.
Requests in that respect may be made by email or by letter sent to:
Boreal Concept, 51 Rue de Chabrol, 75010 Paris, France
11. Disputes
The standard terms and conditions of sale set forth hereinabove shall be governed by French law. Any disagreement shall be solely referred to the courts within the area of jurisdiction of the Paris Cour d’Appel (France) (Court of Appeal).
The earphone’s trademark and model shown above could be susceptible to change.
Boreal Concept
51 rue de Chabrol75010 Paris
France
Phone: + 33 (0)1 42 46 25 67
E-mail: contact@e-tuner.fr