1 - APPLICATION FIELD
2 - GENERAL INFORMATION AND SECURITY POLICY
3 - RETAIL PRICES AND CURRENCY
4 - COMMERCIAL OFFERS
5 - ORDERS AND TERMS OF PAYMENT
6 - DELIVERY SCHEDULE
7 - LIABILITY AND GUARANTEE
8 - INTELLECTUAL PROPERTY
9 - APPLICABLE LAW
10 - ENTIRE AGREEMENT
11 - CASE OF ABSOLUTE NECESSITY
12 - CANCELLING POLICY
1 - APPLICATION FIELD
The following terms and conditions apply on one hand to DIETE SPORT France company, owner of the OVERSTIM.s brand, and on the other hand to any person who wish to conclude a purchase via the website of DIETE SPORT France, http://www.overstims.com (mentioned hereafter as "the client").
DIETE SPORT France is registered at the RCS Vannes B under the n°323 784 140. The head office of the company is localised at Espace d'activité, Tréhuinec, 56890 Plescop, FRANCE.
Tel: (00 33) 2 97 63 82 61
Fax: (00 33) 2 97 63 82 84
The following terms of sales only apply to consumers who do not intend to practice any type of trade with the OVERSTIM.s products.
To purchase, the client should correspond to the conditions exposed hereafter, that is, have absolute majority and not be under the responsibility of any type of tutor.
When purchasing, the client must take notice of the present terms and conditions. All concluded purchase operation implies that the client accepts all of the terms and conditions mentioned in this document. These same conditions apply to all other versions of conditions of sales.
The present terms and conditions for DIETE SPORT France are applicable up to the December 31st, 2010 and concern all the products mentioned by the electronic catalog of the company.
2 - GENERAL INFORMATION AND SECURITY POLICY
Our data files are not open for rent or sales and all the information you may provide us on your matter will stay exclusively for the internal use of DIETE SPORT France.
In accordance with the law n°78-17 of the 6th January 1978, the client has the right to access and modify information concerning himself. He can also, at any time, ask for the information on his matter to be deleted from the database of DIETE SPORT France by sending his request with all the necessary information (name, address of delivery, his account number) by electronic mail at information@overstims.com.
3 - RETAIL PRICES AND CURRENCY
The retail prices on the website are in pounds or euros and include the French VAT rate at the moment of the purchase, excluding all type errors or a change of VAT rate meanwhile.
The indicated product prices do not include packaging and transport fees.
Those fees are to add for the following countries according to the weight and volume of the order: United Kingdom, Germany, Austria, Denmark, Spain, Finland, Greece, Ireland, Italy, Netherlands, Portugal, Azores, Sweden, Hungary, Poland, Czech Republic.
The products can be subject to a change of prices by DIETE SPORT France at any time.
4 - COMMERCIAL OFFERS
DIETE SPORT France is free of restrictions to propose commercial offers on fixed periods. The possibility to combine a commercial offer with our prices will
always be specified.
5 - ORDERS AND TERMS OF PAYMENT
Site orders will only be registered when the client has clearly identified himself through his personal identity client code (or any specific code to the website http://www.overstims.com ).
The order is payable online through French credit cards or international credit cards (Visa, CB, Mastercard) for foreign banks.
The sale will be considered as definitive only after dispatch of the products to the client and reception of the whole payment by DIETE SPORT France.
Any changes on the order should be transmitted by the client to DIETE SPORT France through mail before payment and dispatch for them to be considered, except in special cases with the approval of the company.
6 - DELIVERY SCHEDULE
The purchased products will be delivered at the indicated address whilst ordering on the website. Unless special cases or stock shortage of one or more products, the purchase will be handled through single dispatch.
All purchases ordered through the website http://www.overstims.com can only be delivered in the following countries and regions: United Kingdom, France, Monaco, Germany, Austria, Denmark, Spain, Finland, Greece, Ireland, Italy, Netherlands, Portugal, Azores, Sweden, Hungary, Poland, Czech Republic .
The dispatch will be allocated by post or a transport company by DIETE SPORT France according to the weight and volume of the order.
Average delivery delay for United Kingdom, France, Monaco, Germany, Austria, Denmark, Spain, Finland, Greece, Ireland, Italy, Netherlands, Portugal, Azores, Sweden, Hungary, Poland, Czech Republic through a follow-up Colissimo Europe varies between 3 to 5 working days on reception of the order and payment.
DIETE SPORT France commits itself to do its best to dispatch the purchase in the delivery time mentioned above. In case the delivery schedule is not followed, no refund, damages or cancelling will be considered. However, if the purchase has not been dispatched in a period of 30 days following the order, for no apparent case of absolute necessity, the sale can be cancelled by mail on the client's demand or by DIETE SPORT France.
The dispatch is considered effective as from the moment the products are transmitted by DIETE SPORT France to the transport company.
The client is responsible of the inspection of the delivered products and the state of the products on reception. The products are dispatched to the clients' risk. As from the delivery date, the client has 7 days to lodge a complaint by mail to DIETE SPORT France for any type of defect on the products delivered. After this period, the products are considered to be of good quality and free from any apparent defect.
Delivery outside metropolitan France, Corsica and Monaco: the client commits himself to pay taxes and rights eventually owed to the country of reception (customs rights...).
7 - LIABILITY AND GUARANTEE
DIETE SPORT France has only an obligation of means for all the stages of site access, ordering, delivery and else. DIETE SPORT France does not take the responsibility for any problem accruing while using the Web.
DIETE SPORT France takes special care in the handling of the client's order. However, if one of the products is considered to be inappropriate for use by the client, he can contact our commercial team by postal mail, by fax: (33) 2 97 63 82 84 or by email commercial@overstims.com in a period of 7 days following reception of the purchased products.
Limited guarantee clause
DIETE SPORT France only guarantees the replacement of the products subject to hidden defects and does not take responsibility for the eventual consequences of these defects.
The pictures and illustrations on the website have no contractual value and do not commit DIETE SPORT France to take any kind of
liability.
The client is totally responsible of the choice of products on purchase, their storage and utilisation.
The approval of the commercial service is an essential precondition for the exchange or refund of goods in the best delay.
8 - INTELLECTUAL PROPERTY
Any person or company wishing to include on their website an Internet link with pages of the site http://www.overstims.com should previously obtain the approval of DIETE SPORT France. These links do not imply any contractual limits between DIETE SPORT and the concerned site.
However, any link on the website http://www.overstims.com using a framing technique or an in-line linking is totally prohibited.
9 - APPLICABLE LAW
The present terms and condition applying to all sales transactions follow the French Law.
10 - ENTIRE AGREEMENT
If for any reason one of the terms above is considered inapplicable, the other terms mentioned in the document would still be applicable. The inapplicable terms will be replaced by the closest term.
11 - CASE OF ABSOLUTE NECESSITY
Cases of absolute necessity such as strikes, transport interruptions, fire, storms, floods, ... can disrupt the contractual obligations of DIETE SPORT France.
12 - CANCELLING POLICY
The client has a period of 7 days as from dispatch to return at his own charge to DIETE SPORT France the products for replacement or refund.
In case the cancelling policy is applied, the client can either chose the refund of his purchase (the return fees still at his charge) or chose to exchange the products, the postal fees for the new dispatch still at his charge.
All requests of exchange or refund have to be made through postal mail during a period of 7 days following dispatch. The concerned products should be returned to DIETE SPORT France, Espace Tréhuinec, F- 56890 Plescop, FRANCE, without having been used and in the original packaging in perfect condition. A copy of the purchase invoice should be joint to the parcel. Any return with an option "postal fee paid by addressee" or "sent with refund" will not be accepted. Products which have been opened, used, damaged or dirtied will never be open for refund or exchange.
In case of abusive return, DIETE SPORT France can chose not to accept any future sales to the client.