Terms & Conditions
1. INTRODUCTION
This document (and any document referred to below) sets out the terms and conditions for the use of this website (www.duelist-island.com) and the terms and conditions for the purchase of products through it (the "Terms").
Please read these Terms carefully before using this website. By using this website or placing an order on it, you agree to be bound by these Terms. If you do not agree with all of the Terms, please do not use this website.
These Terms are subject to change. It is your responsibility to check them regularly as the Terms applicable at the time of use of this website or the conclusion of the Contract (as described below) will apply. The Purchase Agreement between us (the "Agreement") may
2. USE OF THE WEBSITE
By using this website and placing orders on it, you agree to:
I. Use this website solely for the purpose of making legally valid enquiries or placing orders.
II. Not to place false or fraudulent orders. If we have reason to believe that such an order has been placed, we will be entitled to cancel it and inform the relevant authorities.
III. Provide us with your true and accurate email address, postal address and/or other contact details. You also authorise us to use this data to contact you in connection with your order, if necessary..
3. CONCLUSION OF THE CONTRACT ONLINE
You will have to complete a series of steps specific to each product in order to be able to place the order on the website. It will be taken into account:
- Information on the essential characteristics of the Product;
- The choice of the Product, if necessary of its options and the indication of your essential data identification, address...);
- The acceptance of these General Terms and Conditions of Sale;
- During the purchase of the Product, the verification of the elements of the order and, if necessary, the correction of errors;
- The follow-up of the instructions for payment, and the payment of the products; - The delivery of the products.
4. VALIDATION OF THE CONTRACT.
To place an order, you must follow the online purchase procedure and click on "Authorise payment". You will then receive an email confirming payment of the order, as well as an acknowledgement of receipt of the order confirming it. For delivered products, this delivery will be made to the address you have indicated. In order to complete the order correctly, you agree to provide truthful identification. We reserve the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
5. PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's website. You acknowledge that you have received details of the delivery charges as well as the terms of payment, delivery and performance of the contract. We undertake to honour your order within the limits of available stocks only.
If not, we will inform you. This contractual information is presented in detail. This information is summarised and confirmed when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value.
Except in the case of special conditions, the rights granted hereunder are solely those of the natural person who signs the order (or the person who holds the email address provided). In accordance with the legal provisions concerning conformity and hidden defects, we will refund or exchange defective products or products that do not correspond to the order. Refunds can be requested by contacting us by email.
6. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability. Therefore, in the event of supply difficulties or if products are no longer in stock, we reserve the right to inform you of the possibility of ordering replacement products of the same or higher quality or value. If you do not wish to order these replacement products, we will refund any money paid.
7. TERMS OF DELIVERY
Subject to the provisions of clause 6 above relating to the availability of the Products, and save in exceptional circumstances, we will endeavour to deliver to you the Product(s) shown on the Dispatch Confirmation.
The products will be delivered to the delivery address given at the time of ordering and within the period stated. This period does not take into account the preparation time of the order. If you order several products at the same time, they may have different delivery times and be delivered in different ways.
8. RETENTION OF TITLE CLAUSE
The Products remain the property of the Company until full payment has been received.
Ownership of the Products will only pass to you on receipt of full payment of the sums due, including delivery charges, or on delivery (as defined in clause 7 above) if this occurs at a later date than payment.
9. IMPOSSIBILITY OF DELIVERY
If the order has still not been delivered, for reasons for which we are not responsible, after a period of 30 days from the date your order was available for delivery, we will assume that you wish to terminate the Contract and it will be terminated. As a result of the termination of the Contract, we will refund to you all amounts paid, including delivery charges (except for any additional charges for choosing a delivery method other than the cheapest ordinary delivery method offered by us), as soon as possible and in any event within 14 days of the Contract being deemed to be terminated.
Please note that we will be entitled to charge you for any additional transport costs incurred as a result of the termination of the Contract.
10. PRICE AND PAYMENT OF PRODUCTS
The price of the Products will be as stated on our website at all times, except in the case of obvious error. Errors may occur despite our best efforts to ensure that the prices shown on the website are accurate. If we discover an error in the price of the product(s) you have ordered, we will inform you of the error as soon as possible and offer to either confirm your order at the correct price or cancel the order. If we are unable to contact you, the order will be deemed to be cancelled and we will refund you the full amount paid.
We are not obliged to sell a product at an incorrect lower price (even after we have sent you an Order Confirmation) if the error is obvious and unambiguous and you can reasonably identify it as such.
The prices displayed on our website exclude delivery charges, which will be added to the total amount payable.
Prices are subject to change at any time. However, no changes will be made to orders for which a Dispatch Confirmation has already been sent, except as described above.
Once you have selected all the products you wish to purchase, they will be added to your basket. We will then process your order and you will be asked to make payment. To do this, you must follow the different steps of the purchase process, indicating or verifying the information required at each step.
Payment is due immediately upon ordering, including for pre-ordered products. You can pay by credit card. The secure online payment by credit card is made by our payment service provider. The information transmitted is encrypted and cannot be read during transport on the network. Once the payment has been made, the transaction is immediately debited after verification of the information.
In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating your banking information at the time of the sale, you authorise us to debit your card for the amount relating to the price indicated. You thereby confirm that you are the legal holder of the card to be debited and that you are legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by operation of law and the order cancelled.
11. WITHDRAWAL PERIOD
The consumer has a period of fourteen clear days in which he can exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods. This period shall run from the date of receipt for goods or acceptance of the offer for services. The right of withdrawal can be exercised by contacting the Company by email.
In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remain at your expense. Products must be returned in their original condition and complete (packaging, accessories, etc.) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
12. GUARANTEES
We assume two guarantees: that of conformity and that relating to hidden defects in the products. We will refund or exchange products that appear to be defective or do not correspond to the order placed. The refund request must be made by contacting us by email. We remind you that the consumer :
- has a period of 2 years from the delivery of the goods to act with the Seller;
- may choose between replacement or repair of the goods subject to the conditions set out in the above
- mentioned provisions. apparently defective or not corresponding ;
- is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods;
- may also invoke the guarantee against hidden defects of the thing sold and, in this case, he may choose between rescission of the sale or a reduction in the sale price.
13. COMPLAINTS
If you have any complaints, you may contact the company by email.
14. INTELLECTUAL PROPERTY RIGHTS
The domain names, products, images, drawings, texts, engravings or more generally any information subject to intellectual property rights are and remain our exclusive property. No transfer of intellectual property rights is made through these General Terms and Conditions of Sale. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly forbidden.
15. LIABILITY AND DISCLAIMERS
We shall not be liable under these Conditions in the event that the non-performance of our obligations is attributable to the act of a third party, to your fault or to an event of force majeure.
Notwithstanding the foregoing, our liability shall not be excluded or limited in the following cases:
I. death or personal injury caused by our negligence
II. fraud or deceit; or
III. in any case where it would be illegal or contrary to law to exclude, limit or attempt to exclude or limit our liability.
Due to the open nature of this website and the possibility that errors may occur in the storage and transmission of digital information, we do not guarantee the accuracy or security of information transmitted or obtained through this website, unless expressly stated otherwise.
All materials, descriptions and information relating to the products on this website are provided "as is" without warranty of any kind, either express or implied, except as provided by law. In this sense, if you are a party to the Contract as a consumer, we are obliged to deliver products to you in conformity with the contractual provisions and we are liable to you in the event of any lack of conformity found at the time of delivery. Products shall be deemed to be in conformity with the Contract if they: (i) conform to the description we have given and have the characteristics we have set out on this website; (ii) are fit for the purpose for which products of this kind are generally designed; (iii) meet the quality and performance criteria which are generally accepted for products of the same kind and which may reasonably be expected.
16. FORCE MAJEURE
We shall not be liable for any failure or delay in the performance of our contractual obligations caused by events beyond our reasonable control (hereinafter "Force Majeure").
It is understood, on the one hand, that our contractual obligations will be suspended for as long as the case of Force Majeure lasts and, on the other hand, that our deadlines for fulfilling these obligations will be extended for a period equivalent to that of the case of Force Majeure. We shall make every effort to put an end to the Force Majeure
17. NULLITY AND MODIFICATION OF THE CONTRACT
If any of the provisions of this contract should be null and void, this shall not entail the nullity of the other provisions, which shall remain in force between the parties. Any modification of the contract is only valid after a written and signed agreement of the parties.
18. OUR RIGHT TO CHANGE THESE TERMS
We have the right to revise and amend these Terms at any time. You are subject to the terms and conditions in force at the time you use this website or place an order, unless we are required by law or competent authority to change these terms, conditions or privacy policy retrospectively. In this case, any changes will also apply to orders you have previously placed.
19. APPLICABLE LAW
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law.