TERMS AND CONDITIONS
The present general terms of sale are agreed to between, on the one hand, the
HOBBY1 company, registered at the Paris Commercial and Companies Registry under the number B 531 573 152, with a share capital of €70,000.
Hereinafter referred to as the “seller".
And, on the other hand,
The internet users - non-commercial adults - who wish to make a purchase on the 1001modelkits website, viewable at:
Hereinafter referred to as the "user".
The present terms govern the sale of all products and services presented on the 1001modelkits website by the
The parties agree that their relations will be exclusively governed by this agreement, and will exclude any other terms.
Any order duly validated on the 1001modelkits website implies total and unconditional acceptance of these general terms of sale and, possibly, any special or specific conditions relating to one or more products, services or orders.
If a term is deemed to be lacking, it would be governed by the current standard practices used by mail order companies whose headquarters are in France. The 1001modelkits company is committed to following the provisions laid out in the Consumer Code relating to mail order sales.
The present conditions aim to define the terms of sale between the seller and the user, from the order to services, including payment and delivery.
They govern all of the steps involved when an order is placed and ensure of the follow up of this order between the contracting parties.
ORDERING AND AVAILABILITY
An order can be only be recorded on the website if the user has clearly identified him/herself entering his/her username and password, which are strictly personal.
The user declares that he/she is at least 18-years-old and has the legal capacity - or has parental permission - allowing him/her to place an order on the website.
An order implies acceptance of the prices and descriptions of the products available for sale.
The user has read and accepted these Terms and Conditions before placing the order. The validation of your order therefore implies acceptance of these Terms and Conditions.
After an order has been placed, the seller sends an email to the user confirming this order.
The seller informs the user when the products have been sent.
The 1001modelkits company commits to fulfilling orders received through the website only as long as the products are in stock. If a product is out of stock, the seller commits to informing the user of this.
The 1001modelkits company will do its best to ensure that the product availability information displayed on the website is accurate. In the event that a product listed as available on the website is actually out of stock, the 1001modelkits company will inform the customer within 48 hours.
The products exist under 3 different statuses:
- In stock: shipment will be done in 2 business days. The products are physically available in our stock in Normandy (France).
- Available: shipped in between X and X business days after the moment the order is done. The products are not physically available in our stock in Normandy thus we are waiting our supplier to deliver them to us. Time of shipment may vary according to every supplier.
- Not available: These products are currently out of stock and cannot be order in the mean time.
The delivery deadline represents the time until shipment indicated on the product description plus the time required for processing and delivery.
If the seller believes that total delivery time will exceed 30 days, the company may suggest that the user cancel the order pending the restocking of the product.
Any order placed through the website and delivered outside of France and, in general, outside of the EU, may be subject to taxes and customs duties which are imposed when the package reaches its destination. These customs duties and other taxes involved in the delivery of an item are to be paid by the user and are his/her responsibility. The seller is not obliged to check and inform the user of customs duties and applicable taxes. To learn about these taxes, we recommend that users check with their country’s relevant authorities.
METHODS OF PAYMENT
Users have the option to pay for purchases:
- online, during the ordering process, using a credit card:
Visa, MasterCard, American Express, Carte Bleue.
- online, during the ordering process, using PayPal.
- by bank transfer. In this case, the order will only be considered definitive once the transfer has been received.
- by check. In this case, the order will only be considered definitive once the check has been received and processed.
The prices of our products are listed in dollars. All taxes are included, however, processing and shipping fees are not.
The seller reserves the right to modify prices at any time, but the products will be invoiced based on the rates that were in effect at the time the order was submitted.
Prices listed on the site are guaranteed to be valid as long as they are online and within the limits of available stocks.
RIGHT TO CANCEL / RETURN / EXCHANGE
According to the 03/24/2011 European Directive, users have a period of fourteen (14) days to exercise their right to cancel an order and return the item ordered from the seller without having to provide an explanation or pay any penalties except for return shipping costs. The fourteen day period begins on the date that the items are received.
All items can be exchanged or refunded except those which specify otherwise, for example, articles that have been custom-made according to a client’s request. The user must submit the refund request within 14 days after the date that the package has been received or picked up. If the new order costs more, the user must add payment of the remaining balance to the exchange request. Conversely, if the amount of the new order is less than the original amount, the user will receive - upon receipt of the request - a credit-certificate or a voucher in the form of a code (usable on the website) for reimbursement of this difference.
Damaged, opened, incomplete or products in promotion will not be accepted.
The user has fourteen days, starting on the date the request for cancellation was made (by email or by mail, indicating the order’s reference number), to return the package to the seller.
The returned product must be complete and in packaging that allows for transport without risk and in the same condition as it was received in.
The refund or exchange will be effective upon receipt and inspection of the product by the seller.
Return costs are the customer’s responsibility.
All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided in articles 1641 (and those that follow) of the Civil Code. Regarding the purchased items, the user benefits from a guarantee enabling him/her to return the defective items that were delivered in accordance with articles L 211-4 (and those that follow) of the Consumer Code.
Article L211-4 of the Consumer Code
The seller is required to deliver goods that conform to the contract and the company is liable for defects of conformity that exist upon delivery. The seller is also responsible for defects of conformity resulting from the packaging, instructions for assembly or installation when the seller’s responsibility was specified by the contract or was carried out under its responsibility.
Article L211-5 of the Consumer Code
To comply with the contract, the product must:
1: Be suitable for the purpose usually associated with such a product and, where applicable:
- match the description provided by the seller;
- feature the qualities that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or his representative, particularly in terms of advertising or labeling;
2: Or feature characteristics defined by the parties by mutual agreement or which are suitable for a specific purpose which the buyer informed the seller of and which the seller accepted.
Article 1641 of the Civil Code
The seller is required to uphold the guarantee in the event of hidden defects of the sold item which render it unfit for the purpose for which it was intended, or which so diminish its use that the buyer would not have acquired it, or would have paid a lower price for it if the defects were known.
Article 1648 (1st sec.) of the Civil Code
Proceedings resulting from latent defects must be initiated by the user within two years after the date the defect was discovered.
Article 1245 of the Civil Code
« The deficiency of any product will be the responsibility of the manufacturer, whether or not a contract has been conducted between the manufacturer and the victim. » Regarding our Customer Service, two solutions can be applied:
- Contact us so we can contact the manufacturer ourselves ; he will give us the required guidance. What often occurs is that we must send back the product to the manufacturer so he can check it and if needed repair it or exchange it with a new one.
- Contact the manufacturer yourself so he can give you the required guidance.
SIGNATURE AND PROOF
Any user of the website that does not have a customer account must follow the registration procedure to open an account. The username and password are confidential data that the client will not share with third parties. In the event that unauthorized use of the account is suspected, the customer must promptly report this use to the seller.
In all cases, the online entry of the credit card number and the final validation of the order shall constitute proof of the completeness of the said order in accordance with the provisions of the law passed on March 13, 2000, and this will represent the payability of the sums committed by the entry of the articles on the order form.
Such validation represents a signature and express acceptance of all transactions made through the site. Nevertheless, in the event of fraudulent credit card use, the customer is asked to contact the seller’s customer service – upon observation of such use – by phone at (857) 334 1799.
For each step of the ordering process, and for the steps following the establishment of a contract, the 1001modelkits company has an obligation to follow through with certain procedures.
The seller therefore undertakes to describe, with as much accuracy as possible, the products sold on the www.1001modelkits.fr website. However, the seller's liability cannot be incurred if a breach of contract occurs due to the unforeseeable and unavoidable action by a third-party or due to a case of force majeure as defined by the French courts. Similarly, the seller's liability cannot be incurred for any inconvenience or damage arising from the use of the internet, including an internet service failure, an external intrusion or the presence of computer viruses.
The seller reserves the right to collect data. Personal data provided by users or collected through the use of the site (using cookies or active x) is designed to ensure the successful completion of deliveries, improve the quality of service and better meet customer expectations. The user agrees to let the seller use this data, notably to provide him/her with information relating to services and promotional offers that may be of interest.
If a user does not wish to receive these offers, he/she can indicate this preference at any time, either directly on the website in his/her account, or by email at firstname.lastname@example.org, by including his/her full name, email and, if possible, his/her client reference number.
In accordance with the Data Protection Act of January 6, 1978, the customer has a right to access and correct personal data concerning him/her, upon simple written request to the seller’s customer service department.
Customer data is confidentially kept by the Seller for a 2-year period starting on the date of the last visit on the website.
The user is informed that this automated processing of information, including the management of emails, has been declared to the CNIL under the number 1510831 on June 6, 2011.
The seller uses all means available to ensure the confidentiality and security of data transmitted over the web. As such, the website uses a secure payment system which uses SSL (Secure Socket Layer).
All elements of the 1001modelkits.com website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
In the event that any provision of this contract is deemed null and void by a change in legislation, regulations or a court decision, this does not in any way affect the validity and the enforcement of the present terms of sale.
The present terms are applicable as long as the services offered by the 1001modelkits company remain online.
The digital records stored in the 1001modelkits company and its partners’ computer systems – which are held in reasonably secure conditions – will be considered proof of communications, orders and payments between the parties.
STORAGE AND ARCHIVING OF TRANSACTIONS
The archiving of purchase orders and invoices is made on reliable and durable media so as to represent a faithful and durable copy in accordance with article 1348 of the Civil Code.
LAW AND JURISDICTION
The present terms are subject to French law. The court having jurisdiction in a dispute will be the defendant’s place of residence or, at the plaintiff’s request, the location where the product was effectively delivered.