TERMS OF SALE - Europe and World (Outside UE)
PREAMBLE
Offers from the e-shop Svvving are made by company Renaissance. The electronic catalog provides the following information :
Identification of the Company :
RENAISSANCE (below The Company)
Ul. Biwakowa 55
80-299 GDANSK-Osowa
POLAND
N°VAT UE: PL584 227 11 85
E mail : contact(at)svvving.com
• Description of the main characteristics of the proposed products. Mention of the total price of the proposed products in Euros, inclusive of tax for countries of the EU, and exclusive of tax for the other countries. These prices do not include the shipping costs.
• Information regarding the arrangements for payment, delivery or performance.
• Existence of a right of withdrawal.
• The period for which the offer and the price remain valid.
All information displayed on the www.svvving.com (hereinafter referred to as the "Site") is presented in French, English and Polish*. The customer may nonetheless opt for a presentation of the e-shop and the catalog in English. The customer acknowledges, before placing the order, that he has read all the information aforementioned and the General Terms of Sale. The customer also declares that the purchase of said product is not in direct connection with his professional activity, such purchase being reserved for his personal use only. Being a consumer, the customer has specific rights which shall be questioned if the products purchased through the e-shop would be actually purchased for his professional activity. Moreover, the customer declares that he has the legal capacity to enter into this Agreement. * The general conditions of sale in Polish only apply to Poland.
1-PURPOSE
The purpose of these General Terms of Sale is to define the rights and obligations of the parties in the context of on-line selling of products proposed in this e-shop by Renaissance.
2-AREA OF THE OFFER
The geographical area covered by the offer made by the e-shop Svvving of Renaissance is the following :
EUROPE (European Union): AUSTRIA, BELGIUM, BULGARIA, CORSICA, CYPRUS, CZECH, DENMARK, ESTONIA, FINLAND, FRANCE, GERMANY, GREECE, HUNGARY, IRELAND, ITALY, LATVIA, LITHUANIA, LUXEMBURG, MALTE, NETHERLANDS, POLAND, PORTUGAL, ROMANIA, SLOVAKIA, SLOVENIA, SPAIN, SWEDEN, UNITED KINGDOM.
EUROPE (Outside European Union): ALBANIA, ANDORA, BELARUS, BOSNIA, CROATIA, ICELAND, MACEDONIA, MOLDOVA, MONTENEGRO, NORWAY, RUSSIA EUROPE, SERBIA, SWITZERLAND, TURKEY, UKRAINE.
NORTH AMERICA: CANADA, MEXICO, U. S. A.& HAWAII
CENTRAL AMERICA: BELIZE, CUBA, COSTA RICA, DOMINICANA, EL SALVADOR, GUATEMALA, HAITI, HONDURAS, JAMAICA, NICARAGUA, PANAMA, THE BAHAMAS
SOUTH AMERICA: ARGENTINA, BOLIVIA, BRAZIL, CHILE, COLOMBIA, ECUADOR, FRENCH GUIANA, GUYANA, PARAGUAY, PERU, SURINAME, URUGUAY, TRINIDAD & TOBAGO, VENEZUELA
NORTH AFRICA: ALGERIA, EGYPT, LIBYA, MOROCCO, SOUTH AFRICA, TUNISIA
ORIENT: CISJORDAN, IRAQ, IRAN, ISRAEL, JORDAN, KUWAIT, LEBANON, OMAN, QATAR, SYRIA, SAUDI ARABIA, TURKEY, U. A. E.
ASIA: CHINA, HONG KONG, INDIA, JAPAN, SINGAPORE, SOUTH KOREA, SRI LANKA, TAIWAN, THAILAND
OCEANIA: AUSTRALIA, MALAYSIA, NEW CALEDONIA, NEW ZEALAND, PAPUA NEW GUINEA, PHILIPPINES, SOLOMON ISLANDS
3-CONTRACTUAL DOCUMENTS
This Agreement is made up of the following documents, in decreasing hierarchical legal value : These General Terms of Sale, the order form. The photographs of the products on the Site are not contractual. Renaissance shall not be liable in case of errors or alterations resulting from the processing of these photographs.
4-ORDER TAKING
Any order form electronically signed by the customer by an "OK" and accepted by Renaissance shall constitute an irrevocable commitment which can only be challenged in the cases restrictively listed in this Agreement in Section 16 –"Right of withdrawal" and Section 11 -"Fulfillment of the order".
5-CONFIRMATION OF THE ORDER
The contract shall only be effective upon Renaissance’s confirmation of the order. The customer will receive an acknowledgement of receipt by e-mail to confirm the order including all elements (such as list of ordered products, price, date of delivery, shipping costs,etc...) The customer can print the order form validated, in PDF format. Renaissance reserves its right not to confirm the order for any reason whatsoever, in particular for any problem of products procurement or any problem concerning the received order.
6-TERM OF THE OFFER
The offers proposed on the Site shall be valid as long as the products related thereto are online and while stock last. This does not involve "collectors" and "special productions". The presence of the product at www.svvving.com, does not mean its availability, nor the possible immediate execution of the order.
7- PRICE - BILLING INVOICE
Prices are indicated in Euros The amounts indicated in US dollars or in any other currency are only indicative. The exact amount will be calculated in accordance with the current rate of the US dollar or of the other concerned currency at the time of the payment. The purchaser is guaranteed the price posted on the Site at the time of purchase. The price fixed at the time of purchase is firm and does not include the shipping costs which are extra. Said costs will be indicated in the confirmation of the order. For a delivery inside the European Union, the prices include the VAT applicable at the date of the order. Prices are inclusive of VAT. Any variation of the VAT applicable rate may affects the sale price of the products of the catalog. In the event of delivery outside the EU, the customer will have to pay for customs duties or VAT or any other taxes due to the import of products in the country of delivery. The customer is also solely responsible for the formalities related thereto unless otherwise specified. The customer is solely responsible for checking whether the products ordered can be imported under domestic law in the country of delivery. Detailed export invoice is issued by Renaissance accompanying the parcel sent, and a duplicate is sent to the customer on his email address. In other cases, the customer must specify the address for sending the invoice.
8-PAYMENT
Payment at one time, of the total price is due upon placement of the order. The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent.
The customer shall pay for his order
• By credit card or bank card payment on secure platforms, as proposed on the Site. When approving the order form, the customer warrants Renaissance that he/she has all authority needed to use such a method of payment by credit card.
• By SSL bank transfer payable to Renaissance. Failing receipt of the transfer fifteen (15) days from the confirmation of the order by Renaissance or in case of rejection by the bank, Renaissance is entitled to cancel the order. The bank details will be issued at time of order.
• By bank transfer online secure payment platforms, as proposed on the Site. (Paypal, Moneybookers, Swikey or Platnosci). The Customer warrants to Renaissance that he/she has all authority needed to use the secure payment method when taking orders.
9-NON PAYMENT - RETENTION OF TITLE
Title to the ordered products shall pass to Renaissance upon full and definitive payment pursuant to the Act dated May 12, 1980. Renaissance reserves its right to claim the return of the ordered products in case of non payment. Under those circumstances, and upon Renaissance’s request, the customer shall return any product for which the payment has not occurred, undamaged in its original packaging. The customer shall pay for any costs in connection therewith.
10-TRANSFER OF RISKS
The parcels are insured by Renaissance, to the delivery company. However,risks of loss shall pass to the customer upon delivery of the product to the carrier by Renaissance. Products transportation are at the customer's own risk, even if they are shipped or returned carriage free. All orders are carefully packaged and protected. However, if a package arrives damaged, please notify the delivery company immediately, and note on the receipt transport specific reservations. Despite packaging in perfect condition, the contents of the package may be damaged, so we ask you to check the delivery status and send us the comments within 48 hours. Unfortunately we will not support claims about damaged goods after this time. During the withdrawal period mentioned hereunder in Section 16, the customer, as custodian, shall be liable for the product. If the product is damaged or destroyed during the customer's custody, this latter will bear all the consequences thereof.
11-FULFILLMENT OF THE ORDER
Svvving products are made according to customer's prior order. This does not involve "collectors" and "special productions". The presence of the product at www.svvving.com, does not mean its availability, nor the possible immediate execution of the order. The order will be fulfilled faster, within the period indicated on the Site and confirmed by Renaissance at the time of the confirmation of the order. In any case, the order will be fulfilled within 30 days following the confirmation of the order at the latest, subject to the limitations on available stock and unless otherwise agreed such as limited editions or special designs. The completion of this command produces the explicit command of the buyer. If the product ordered is not available or is out components of stock, Renaissance undertakes to inform the customer reasonably and to indicate a replenishment time. The customer may, his/her option, wait for the availability of the Svvving product or obtain a refund.and shall inform Renaissance Svvving by e-mail.
12-DELIVERY
The area of delivery corresponds to the geographical area covered by the offer. Products are delivered to the address indicated by the customer in the order form. Delivery shall be deemed to have been made when the products are delivered to the carrier. The delivery note given by the carrier, dated and signed by the receiver upon delivery will constitute an evidence with regard to transport and delivery. The customer shall check the content, the conformity and the condition of the product(s) on delivery thereof. In the event of delays, damages, total or partial losses, or any problem whatsoever, the customer shall be responsible for exercising all claims against the carrier. Renaissance shall never be held liable for any reason whatsoever. Therefore, Renaissance advises the customer to check the condition of the products upon delivery and before signing the acknowledgement of receipt of the parcel. If the customer notes any damage he shall reject the products and issue precise and dated reservations. These reservations must be confirmed with the delivery company on the receipt of the delivery. A copy shall be sent to Renaissance. These reservations must be confirmed in writing to the carrier. On the delivery note should figured the signature of the deliverer. Deliveries are made Monday through Friday ( no delivery on Saturdays and Sundays). For more details see Shipping & Delivery on our website.
13-FORCE MAJEURE
It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the case law of the courts of the registered office of Renaissance,
- total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legal, customs or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially internet. Should a case of force majeure occurs, the fulfillment of the order will in a first step be suspended. If after a three (3) months period, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
14-COLLECTION OF THE GOODS IN THE EVENT OF THE CUSTOMER’S ABSENCE
If the delivery address specified by the client is incorrect or inaccurate, the online store Svvving and Renaissance are not responsible for failure to bring the goods, delivery delays or failure to execute the command. In the event of the customer's absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address given by the customer. The products shall be collected at the address indicated by the carrier and according to the carrier's instructions. If after the period indicated by the carrier, the customer has not collected the products, the products will be returned to Renaissance, the postage costs remaining payable by the customer. A new shipment will be identified and charged extra. For more details see Shipping & Delivery on our website.
15-CLAIMS
Claims related to the non conformity of the delivered product with the order shall be made in writing directly to Renaissance-Svvving and immediately upon receipt of said product. The customer must keep the packaging and the delivery note. In case of an error, the customers undertakes to return said product within seven (7) days from its receipt provided that the product is returned to Renaissance, without destructive opening the packaging, in its original condition and packaging, together with all the associated documents. Once Renaissance has received the product in due form, it will, at its expenses, send for free the product initially ordered by the customer.
16-RETURN POLICY
1. Money Back Guarantee.
Under the Consumer Protection (Distance Selling) Regulations 2000 & UE Act of 25 October 2011, you have the legal right to return your UE order within fourteen (14) working days of receipt of the goods. This right does not involve "unique pieces" and "special productions" made according to the wishes of the client. In order to process a return we will need you to contact our customer service by email, quoting your order number. Any goods returned must be returned in its original packaging, in the condition in which you received them, shall neither have been used, nor have suffered any damage. You are able to organize the return yourself at your own expense, the goods should be returned to the following address:
Renaissance Ul. Biwakowa 55, 80-299 GDANSK-Osowa / POLAND.
Please dispatch all goods by traceable post, including the reason for exchange or refund. Renaissance will not be responsible for any returned goods that are lost in transit. You will be refunded within thirty (30) days from the order is received in our warehouse. Refunds are generally made by bank transfer the account of how the payment was made, so we may need your bank details.
2. Return of damaged, defective product.
Please remember that if you receive a product damaged in transit and if you saved this damage on the delivery sheet, all return shipping costs will be borne by Renaissance.
17-WARRANTY
In order to avoid any trouble, "Svvving" products are verified by Renaissance before their shipment. However, the customer shall be entitled, for all defective products, to a three (3) months contractual warranty as from the date delivery subject to compliance with the recommendations set forth in the user documentation and the directions for use enclosed with the products. In any case the statutory warranty against hidden defects provided for under the French Civil Code (Section 1641 and seq.) shall be enforceable. Said warranty does not cover damages or dysfunctions due to non compliance with directions for use of the product. To implement the warranty, the customer shall return the product at its expenses to Renaissance, with the original invoice. Renaissance undertakes to return an identical product at its expenses, except in case of stock out or a withdrawal of the concerned product from the range proposed by Renaissance. In this latter case, Renaissance will offer a product at least equivalent or will refund the customer.
18-CIVIL LIABILITY
The installation of the swing is the responsibility of the buyer. All information on conditions of use, installation instructions and safety are provided with the product and are available either on the website Svvving, for download in PDF format. The swing "Svvving" must be installed on solid and compact surface carriers :as reinforced concrete, solid wood beams or steel beams. For security reasons, and if in doubt, consult a contractor specializing in building. The producer company Renaissance, disclaims any liability due to improper installation and misuse of the material provided. The producer company can not be, under any circumstances, liable for the improper use of equipment causing property damage and/or injury.
19–PERSONAL INFORMATIONS
All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. We do not pass on your details to any third party unless you give us permission to do so. The personal information requested from and related to the customer is essential to process and ship his order, to issue invoices and to draft warranty agreements, as the case may be. This information may be provided to the suppliers of Renaissance. The customer may object to such disclosure pursuant to Act dated January 6, 1978, and exercise its right of access, correction and deletion of the information related to him by writing to, or calling : Renaissance Ul. Biwakowa 55, 80-299 GDANSK-Osowa / POLAND. For reasons of limitation for fraud, Renaissance may have to ask for proof (of identity, home…). Thank you for your understanding.
20-ELECTRONIC SIGNATURE
The clicking "I agree > OK" by customer, constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature. Computer-based registers, recorded in the computer system of Renaissance in reasonable conditions of security shall be deemed to be the evidence of the communications, orders and payments that have occurred between the parties. Order forms and invoices are stored on a reliable and permanent medium so as to constitute a mean of evidence.
22-INTELLECTUAL PROPERTY
Renaissance owns the intellectual property right upon the Trademark and Site "Svvving" and the right to display the elements of the catalog, in particular the photographs for which it has obtained the necessary authorizations from the concerned persons. Consequently, total or partial reproduction of the elements contained in the Site or the catalog on any medium whatsoever, the use of such elements and the fact to make them available to third parties are strictly prohibited.
23- ENTIRE AGREEMENT
These General Terms of Sale represent all obligations of the parties. No other general or special term and conditions communicated by the customer shall neither be included in, nor depart from these General Terms.
24-NON RENUNCIATION
Any one or more failure by Renaissance to enforce any provision of this Agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.
25-SEVERABILITY
Should one or several clauses of these General Terms be considered as being non valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent court, the remaining clauses will remain valid.
26- RESERVES
All prices are subject to change without notice from Renaissance Svvving. Svvving.com Online Store reserves the right to modify these terms and conditions of sale. Changes in these terms are valid from the date of publication on the site www.svvving.com, 25 December 2017. Orders placed before the date of the new arrangements will be subject to the rules in force at the date of order. The user of the site and purchaser of products Svvving may at any time consult the general conditions of sale on www.svvving.com, terms of delivery and payment terms.
27-LITIGATION
THE PARTIES AGREE THAT, IN THE EVENT OF A DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT FOLLOWING OR IN APPLICATION OF THIS AGREEMENT, AND IF NO AMICABLE SETTLEMENTS WERE REACHED, THE COMPETENT JURISDICTION WILL BE THE COURTS OF THE REGISTERED OFFICE OF RENAISSANCE, NOTWITHSTANDING THE CASE OF PLURALITY OF DEFENDANTS, OR EMERGENCY PROCEDURE.