Terms of sales
Only the French version of this document authentic.
SECTION 1 - APPLICATION OF TERMS
These conditions govern, exclusively, all contractual relationships between on the one hand, the SàRL Erynn, acting under the trade name "RC-Buggy-World.com" and legal editor, registered under company number 25693581 LU and located 6 rue d'Arlon, 8399 WINDOF, Grand Duchy of Luxembourg, hereinafter referred to as "RCBW" and, secondly, CLIENT and any user, hereinafter referred to as the "CLIENT".
General or specific conditions are unenforceable against the CLIENT RCBW. The conclusion of any contract between the parties automatically implies acceptance of these terms by the CLIENT. Only the specific conditions specified in the contract or agreed in writing between the parties may derogate.
Only the French version is authentic.
During the checkout process on a website (distance selling via the Internet), no sale can not be validated without having confirmed acceptance of these terms of sale. A checkbox and a link is provided to the CLIENT before he could confirm the order by clicking on the "I confirm my order." The Customer shall in no case dodge knowledge of this document.
ARTICLE 2 - ORDER
Any quotation RCBW is made without obligation and has a duration of maximum 30 days from the date of the document, unless expressly agreed otherwise by the parties.
Specification or data contained in the data sheets, brochures, price lists and other documents is provided as information only and do not necessarily RCBW. Product specifications and prices are subject to change at any time without notice.
Only the French version is authentic in the names, descriptions and references to products and more generally the content of the site. RCBW provides the CUSTOMER translations in several languages to facilitate its understanding. His translations are performed by software and automatic devices. These translations can in no way be binding.
Any user who does not hold a number CLIENT must follow a procedure of registration to obtain later, the number of CLIENT. It becomes CLIENT only after the first order with RCBW.
Any written or oral order may be fully or partially confirmed by RCBW writing (letter, fax or email).
RCBW undertakes to fulfill the received orders:
- Within the limits of available stocks of products. A lack of availability of the product, RCBW undertakes to inform the Customer as soon as possible
- In the event that the order is real, not fraudulent and established by an adult
ARTICLE 3 - DELIVERY
Unless otherwise agreed, the goods are considered delivered and received in the warehouse RCBW (ex works or EXW - CCI 2000).
Any problem of management or delivery must be registered with the delivery of the carrier, or, alternatively, reported within 24 hours of sending an email.
RCBW agrees to make deliveries of items ordered as soon as possible. Generally, orders can be accepted within 2 to 4 weeks after signing the order and payment are due. Some items may however be available in shorter or longer periods. Responsibility RCBW may be initiated only if the delay is important and directly and exclusively attributable to gross and willful misconduct on the part of RCBW. The Customer has no right to reject the products or require compensatory damages or dissolution of the contract due to delay in delivery that could be considered unreasonable.
In case the CLIENT be long or refuse to take delivery of the products or support, the CLIENT will be liable for the payment of the price, according to the terms and conditions initially stipulated in the contract, and all costs incurred by the refusal or delay including storage or transport of fresh produce.
RCBW reserves the right to suspend its obligation to deliver or make the products available to the CLIENT, if there is any indication of solvency problems in the Customer or if the Customer does not pay the agreed deadlines, or if CLIENT has not honored its commitments or other controls, or if the CLIENT denigrates RCBW well as the products or more generally if there is any indication of harm RCBW.
RCBW undertakes to treat as soon as possible and with the greatest attention the control CUSTOMER RCBW but shall in no event be liable for any financial or material compensates for any delay in delivery of the carrier in the camp. Estimates of time indicated on the website are for informational purposes and are in no way binding.
ARTICLE 4 - WARRANTY
Unless otherwise agreed in the contract, the products distributed by RCBW are manufactured in compliance with the norms and standards in force in the Grand Duchy of Luxembourg and precise specifications provided in the contract or who is the subject of an agreement subsequent writing by the parties. The costs of any changes required by the CLIENT, including compliance with the rules and laws of the country of the CLIENT shall be borne by it and could result in longer delivery times.
The CLIENT is responsible for verifying the conformity of the product in the country of residence. RCBW can not be held responsible for failure by the CLIENT standards in force in the countries of the CLIENT (sound limitation, use on the public highway products, ...). In case of non compliance found after product delivery, the Customer must assert its rights of withdrawal in time.
RCBW reserves the right to change some characteristics of the products without prior notice or agreement between the Parties, provided that their quality and performance is thereby not reduced.
Except where a mandatory law on consumer rights requires a longer warranty period, RCBW guarantees for a period of twelve (12) months from the provision of products that they are not tainted by hidden defects entirely and exclusively a challenge RCBW, considering however that such defects could have been caused by a particular external cause wear and tear, alteration, abuse, neglect, misuse or non- reasonable transportation or improper installation, improper loading and unloading of abnormal conditions of temperature and humidity, dirt, or any other improper manner, intentional or not, the client or a third party.
From the provision of products CLIENT, it will carefully consider and test products and will raise within 48 hours of their provision, and a precise and detailed manner, in writing, stating the date and number the invoice, all apparent defects and non-compliance. After the deadline, the faults and defects apparent compliance will be considered as finally accepted by the CLIENT. It can not in any case refuse to approve products for minor or trivial reasons.
In case of complaint by the CLIENT, the guaranteed bonds RCBW will be limited, at the option of the latter, the replacement of defective parts or products or refund the product within a reasonable time. In the event that the Customer is a distributor, importer, recurring CUSTOMER these defective parts or products will be delivered together with the delivery of the next order he would have made, unless the parties agree otherwise. In case of exchange, provided that the item is sold, RCBW will deliver a replacement product with equivalent or superior characteristics and at the same or higher price.
The warranty obligation is suspended if the CLIENT does not fully perform its own obligations. This suspension does not involve any extension of the warranty period.
The CLIENT must take cognizance of conditions and the manual of the product. Generally, products must always be used under adult supervision.
ARTICLE 5 - PRICES
When the Customer is an individual (natural person), prices are EXW (ex works - EXW - ICC Incoterms 2000) including packaging, VAT, other taxes, levies, fees and expenses of whatever nature that are not mentioned specifically in the contract. Excluding shipping and handling.
In case of non-payment or late payment of the bill at maturity, all debts towards RCBW becomes payable automatically on the amount due will be increased automatically and without prior notice conventional interest up to 12% per year and a lump sum of 15% with a minimum of € 100. Each reminder (letter, fax or email) will be charged € 7. The debtor is also required to pay all other costs of collection - both judicial and extra-- that the recovery of an unpaid bill will result. The extrajudicial collection costs are fixed in an amount equal to 15% of the total amount due, with a minimum of 120 €. From the second reminder, RCBW may use a collection agency or his counsel and the Customer shall, in addition, bear the additional costs incurred.
ARTICLE 6 - PAYMENT
The Customer has the option to pay for purchases:
- Online ordering via a third party site payment by credit card (Visa, Eurocard, Mastercard) via PayPal ™, HiPay Bancontact, KBC Online, Ready for i-Deal, online ING CB or any other payment system third secure available;
- Via bank transfer (IBAN and / or BIC / SWIFT), with a maximum period of 7 days, the account number indicated on the order confirmation or invoice. Any additional charges are payable by the CLIENT
Unless otherwise expressly agreed in writing the price and is payable in full on the date of validation of the order. We are not required to make the delivery of products ordered by you if the price we have not previously been paid in full. Unless otherwise stated, we do not give any discount.
Whatever the method of payment you choose, payment is considered final and effective until full payment of the amounts on our behalf.
ARTICLE 7 - PROPERTY RESERVE
Ownership of products will be transferred to the CLIENT when the entire price has been paid by him to RCBW, even if the goods have already been delivered to the CLIENT. In any case, the CUSTOMER may not dispose of the product in any way whatsoever, nor install or transform, or sell, or the use or pledge or encumber, or assign to a third party until full payment of all amounts due is not executed.
ARTICLE 8 - RECYCLING FEE
In the event that any recycling fee should be collected under regional conventions of environmental policies, it will be charged to the CLIENT in excess of the agreed price.
ARTICLE 9 - TIME OF REFLECTION / RETURN / EXCHANGE / WARRANTY
This article is only available to an individual who makes a purchase for private purposes and where the destination of the product is exclusively for private use.
In case of sale made outside the company premises, the Customer has a cooling-off period of seven working days from the day after the order to abandon its purchase toll provided to prevent seller exclusively by registered letter. An email or a telephone call is not sufficient.
All returns must be made payable by the CLIENT within 3 business days of sending the recommended, clearly and in writing stating the reasons for the return and indicating clearly the bank account number of the CLIENT (IBAN / BIC / SWIFT ) or PayPal ™ account, or by depositing the package free of charge to our dispatch center or by sending the package to RCBW postage prepaid, to the address indicated on the delivery note or section 1. The refund will be made as soon as possible. Bank charges are the responsibility of the CLIENT.
However, incomplete or damaged items can not be returned and will not be refunded. Items must be returned in their original packaging, undamaged and was perfect. RCBW must be able, without charge, to put these items on sale. The warranty seals may in no case be torn. In case of return to technical incompatibility or error control RCBW reserves the right corresponding to 10% of the purchase value of the product to cover the logistical costs. Shipping costs are not refunded under any circumstances when the error is in the camp of the CLIENT. In case of excessive returns, RCBW reserves the right to refuse an order later.
ARTICLE 10 - LIABILITY
In cases where liability incurred for any reason whatsoever, will be held as RCBW direct and foreseeable damages suffered by the CLIENT and exclusively caused by its willful misconduct and gross, excluding any other damages, in particular the lack gain or loss of profits, loss of goodwill, loss of anticipated savings, increased costs and general expenses or other consequential or indirect loss. The amount of damages that could be liable RCBW may not exceed 20% of the contract value and shall not exceed in any case the amount covered by the insurance company RCBW.
However, this section does not limit the liability imposed on any product manufacturer by the law applicable to the contract.
Upon delivery, the Customer receives the access codes to the hardware and software (factory code or subsequently established by RCBW). The CLIENT is therefore responsible. RCBW can not be held responsible for the loss, forgetfulness and piracy of these access codes. The CLIENT must therefore ensure the mastery of the sustainability of these codes.
RCBW has an obligation limited to the contents of the order placed with the CLIENT means. In no event RCBW has a responsibility or an obligation of result.
When ordering via e-commerce sites, RCBW has, for all stages of access to the site, the ordering process, delivery or subsequent services, an obligation of means. Responsibility RCBW not be liable for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion or presence of computer viruses, or any event of force majeure, in accordance with jurisprudence.
ARTICLE 11 - REFERENCE CUSTOMERS
Unless written agreement RCBW is authorized to refer to reference the name of the CLIENT on any media whatsoever (brochure, web, stand site, post, etc..), As well as general and public information on the services provided by RCBW for the CLIENT.
All personal data is intended for internal use and promotional RCBW.
The CLIENT has the right at any time to access and rectify the data and the right of opposition or cancellation by writing to the address in section 1 of these terms.
Additional information regarding the protection of privacy in the computerized treatment can be obtained from the Public Registry (SPDC - Luxembourg).
ARTICLE 13 - CONFIDENTIALITY
The CLIENT shall keep strictly confidential and may not disclose to any third party or use any information related to business, manufacturing, technical, process, experimental work, trade secrets or other confidential matter that has been passed or shown by RCBW or found in the product (s) (s), except to the extent required for the proper execution of the contract. This obligation will survive any cancellation, resolution / termination or invalidity of the contract and will apply for an unlimited period in time.
Signed a confidentiality agreement (usually called Non-Disclosure Agreement) can come in opposition to this article and this agreement will therefore focus on the respective commitments.
ARTICLE 14 - INTELLECTUAL PROPERTY
RCBW is and remains solely and exclusively owns all intellectual rights on products, services, software developed by him and marks and logos associated with products and services.
All elements of the site RCBW, whether visual or audio, including the underlying technology, are protected by copyright of their respective manufacturers and are the exclusive property of the latter.
The CLIENT who has a website for personal or professional who wishes to place, for personal or professional use, on its website a direct link to the homepage of RCBW, must request prior authorization to RCBW. It will not be in this case an implicit affiliation agreement. However, any hypertext link to the Site and using the technique of framing or inline linking is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed at the request of RCBW.
Company names, trademarks and distinctive signs appearing on sites RCBW are protected by European laws. Any use, reproduction, distribution or representation of all or part of any of the above signs without express written permission of the relevant holder is prohibited.
Baja ®, HPI Racing ™ are trademarks of Hobby Products International Inc.
ARTICLE 15 - ENTIRE
In the event that any provision of this contract is null and void by a change in legislation, regulation or court decision, this does not in any way affect the validity and enforceability of these terms and conditions sale.
ARTICLE 16 - MISCELLANEOUS
Items sold by RCBW conform to the description and presentation given in the catalog or on the website. Despite all our efforts, errors may have crept in this catalog. In no event RCBW may be incurred as a result.
Unless contractual or legal provision, all operations between the CLIENT and RCBW not appealed within eight days of delivery, can not give rise to claim.
ARTICLE 17 - APPLICABLE LAW AND JURISDICTION
These conditions are subject to Luxembourg law.
In case of dispute, the Luxembourg law alone application and the courts of the judicial district of Luxembourg have jurisdiction.
However, in the event that the CUSTOMER is a consumer (non-professional), the procedure can be adapted according to the applicable mandatory laws in the contract protecting the rights of consumers emitting countries.
Doc.vers. 2.0a 07/06/2013