1. Purpose
The present general terms of sale are intended to define the rights and obligations of shadow distribution and the customer of products presented by Shadow distribution on its website www.shadow-distribution.com (hereafter « the site »).
They apply exclusively between the company Shadow distribution,10, rue de Penthièvre 75008 PARIS-F, Siret: 84380298400016 (hereafter » Shadow Distribution « ) and any physical or legal person visiting or making a purchase via the said Site (hereafter « the Customer »).
on the Site, Shadow Distribution allows the customer to order products online of bodywork (hereinafter ‘ the Product (s) « ) in accordance with these general conditions.
Any order made with Shadow Distribution will therefore result in the customer’s acceptance of these conditions without reservation. These general terms and conditions may be changed at any time and without notice by Shadow Distribution, the applicable conditions being those in force on the date of the order by the customer.
These general terms and conditions of sale are available on a permanent basis at the following address: www.shadow-distribution.com/conditions-generales-de-vente in a computer format allowing them to be printed and/or downloaded, so that what the customer can do to reproduce them or to save them.
2. Products and Compliances
2.1. The products offered for sale are presented on the website of Shadow Distribution and with a description.
2.2. The products offered by Shadow Distribution conform to the standards applicable in France.
Items such as photographs, texts, graphics and all the information and features illustrating and/or accompanying the products are not contractual, which the customer acknowledges.
As a result, Shadow Distribution cannot incur any liability in the event of any error or omission of any of these elements or in the case of modification of the said elements by the suppliers and/or publishers.
3. Obligations of the customer
Part to optimize because may not be sufficiently B2B (legal person)
3.1. The Client declares to be at least 18 years of age and has the legal capacity or a parental authorization allowing him to make an order on the Site.
3.2. The customer undertakes to communicate to Shadow Distribution the actual information and necessary to the realization of the performance subject of these conditions as requested on line and according to his situation, in particular his name, first name, address, phone and valid e-mail. Company designation and Siret in the context of a professional.
The customer is responsible for the consequences arising from false or inaccurate information transmitted or whose resumption would be illicit.
3.3. After the order has been placed, Shadow Distribution will send the Client an e-mail confirming it. He shall inform him of the sending of the product (s).
3.4. The customer can change his data under « My Account ».
4. Order
4.1. Any order will be validated only after acceptance of the payment.
4.2. Shadow Distribution reserves the right to cancel or refuse an order in the event of a dispute with the customer on an earlier order.
4.3. Shadow Distribution can accept orders within the limit of available stocks. It informs the customer of the availability of the product (s) sold on the Site at the time of the confirmation of the order.
If, despite the vigilance of shadow distribution, the product (s) is (are) unavailable, shadow distribution will inform the Client by e-mail as soon as possible. The customer will then be able to cancel his order and be reimbursed, if necessary, the sums already paid.
The definitive or temporary unavailability cannot in any case incur the responsibility of Shadow Distribution, nor can it open any right to compensation or damages in favour of the Client.
5. Price
The prices displayed on the Site are indicated in euros all French taxes included (French VAT and other applicable taxes), excluding shipping costs, participation in the order processing costs and packing costs.
The shipping costs, participation in the order processing and packing costs will be shown in the customer’s basket, before the order is definitively validated.
Prices can be changed at any time, without notice, especially in case of change of tax or economic data. The product (s) are (will be) invoiced on the basis of the tariffs in effect at the time of the registration of the order.
6. Delivery
Shadow Distribution delivers its products in France, in all the countries of the European Union and can on request deliver in any country.
The product (s) is (are) shipped with the delivery slip, to the delivery address indicated by the customer when ordering.
Delivery cannot be made to post boxes.
The delivery times indicated on the site are indicative deadlines, corresponding to the average processing and delivery times. In order for these deadlines to be met, the customer must ensure that they have communicated accurate and complete information concerning the delivery address (such as: Street, building, stair, access codes, names and/or intercom numbers, etc.).
In case of a delivery delay of more than 7 working days, if the product (s) has not been sent, the customer may denounce the order by registered letter with notice of receipt and request the reimbursement of his order.
If the product (s) has been shipped before the cancellation of the order for delivery delay of more than 7 days, Shadow Distribution will reimburse the order and the shipping and return costs, upon receipt of the entire product (s) in its original state and with all labels.
Shadow Distribution is committed to inform the customer of the evolution of the processing of his order.
In case of damaged parcels (already opened, missing products, etc.), the customer agrees to notify the carrier and Shadow Distribution by any means, all reserves within 3 days after receipt of the product (s).
Shadow Distribution will not be held responsible for the consequences due to a delay in routing that is not its doing.
7. Payment
The entire payment must be made when ordering. At no time will the sums paid be considered as a deposit or a deposit. The customer settles his order by credit card (Visa, Mastercard) or by bank transfer in accordance with the provisions of this article.
For any transaction, the customer will indicate the number on the front of his card, the expiration date of his card and the cipher on the back of his card (last three digits).
The customer’s communication of his credit card number is allowed for Shadow Distribution to debit his account to due competition of the amount of his order.
No repayment will be accepted for any reason.
Shadow Distribution retains ownership of the product (s) until the price is fully paid by the customer. The purchases are made in a secure way. The payment solutions adopted by Shadow Distribution are 100% secure. For credit card payments, all information that the Client communicates to Shadow Distribution is strictly protected and ensures compliance and security of each transaction.
8. Returns and refunds of products-right of withdrawal
Within thirty (30) days from the receipt of its order, the customer may ask Shadow Distribution for the return of the product (s).
In order to do this, the customer will contact the Shadow Distribution after-sales service. The provisions will then be indicated to him.
The return is at the risk of the Client. The product (s) must be returned in its original packaging (s), in their original State of origin, nine, accompanied by the return voucher, to the address transmitted during the exchange with the after-sales service.
The returned product (s) will (will) be subject to a receipt within a maximum period of fifteen (15) days from its (their) reception by Shadow Distribution.
In the absence of respect by the customer of these conditions, in particular the conditions of return or exchange, Shadow Distribution will not be able to carry out the issuance of the assets on the product (s) concerned.
9. Warranty and Liability
Shadow Distribution has, for all stages of access to the site, the process of ordering the shipment of the parcel or subsequent services, only a means obligation. The responsibility of Shadow Distribution shall not be liable for any inconvenience or damage inherent in the use of the Internet, including a breach of service, an external intrusion or the presence of computer viruses, or any fact Qualified as force majeure, in accordance with the law and the jurisprudence.
Shadow Distribution undertakes to use the confidential information of the customers only as part of the operation of its Site.
Nominative data collected will be subject to computer treatment to ensure a smooth order flow. The client recognizes having knowledge of it.
As such, the information concerning him may be communicated to the technical service providers of Shadow Distribution.
In addition, Shadow Distribution will be able to apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracing the number of visitors on Some pages.
In accordance with the law of January 6, 1978 amended by the Law of August 6, 2004, the customer has a right of access and rectification of the personal data concerning him appearing in the files of Shadow Distribution. Any request must be sent by e-mail to contact@shadow-distribution.com or by mail to the following address: 10, rue de Penthièvre 75008 PARIS-F.
10.Intellectual property
In no case the Client is allowed to download or modify all or some part of the Site, especially its content (listed products, descriptions, images, videos…).
This Site or any part of this Site can not be copied, sold or exploited for commercials reasons without a written authorization of Shadow Distribution.
In general, all copyrights, trademarks and other distinctive signs and rights of ownership or intellectual property appearing on the Site will remain the full and complete ownership of Shadow Distribution.
The Client must henceforth respect the intellectual property rights and will not e allowed to use any brand displayed on the Site and on the products, or register a trademark that will be damaging to the rights owner, unless specified otherwise.
The same applies to any other intellectual property right.
11.Force majeure
In event of force majeure, the concerned party must inform the other party in a fifteen (15) days delay starting on the day of the event, by registered letter with an acknowledgement of receipt.
Are considered as force majeure events, other than those usually described by jurisprudence of French courts and tribunals: partial or total strikes, lock-out, riots, boycott and other actions with industrial or commercial litigation characteristic, civil disturbances, insurrection, war, bad weather, epidemic, transportation or supplying blockage of any kind, earthquake, fire, storm, flooding, water damage, governmental or legal restrictions, legal changes in commercial uses, computer breakdown, telecommunication blockage including hertziens and wire networks, and any other case independent from the parties will preventing the normal execution of the relation.
All the obligations of the parties will be suspended during the force majeure event, without indemnity.
If the force majeure event lasts more than three (3) months, the contract can be canceled without indemnity for one of the party.
12.General provisions
12.1 Partial non validity of a clause
If any of the stipulations of these general conditions of sale is declared void or unenforceable by a competent court, it shall be declared unwritten and shall not entail the nullity of the other stipulations.
12.2 Update
The present general conditions of sale may be changed at any time and without notice by Shadow Distribution, the applicable conditions being those in force on the date of the order by the customer.
These general terms and conditions of sale are available on a permanent basis at the following address: www.shadow-distribution.com/conditions-generales-de-vente in a computer format allowing them to be printed and/or downloaded, so that what the customer can do to reproduce them or to save them.
12.3 Applicable law-competent court
The present general conditions of sale are subject to the French law with regard to the substantive rules as the rules of form. Any dispute must be the subject of a prior attempt to settle amicably.
In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding plurality of defendants or appeal as collateral.
12.4 Reproduction of applicable texts (Ordinance 2005-136 of 17 February 2005, consumer code, Civil Code)
- Art. L. 211-4. of the consumer Code
The seller is required to deliver a contract-compliant property and responds to defects in conformity that exist at the time of issuance. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility.
- Art. L. 211-5. of the consumer Code
To comply with the contract, the property must:
1 ° be specific to the usual use expected of a similar property and, if applicable:
-correspond to the description given by the seller and possess the qualities which he presented to the customer in the form of sample or model;
-to present the qualities that a customer can legitimately expect in respect of public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° or to present the characteristics defined by mutual agreement by the parties or to be specific to any special use sought by the customer, brought to the knowledge of the seller and which the latter has accepted.
- Art. L. 211-12. of the consumer Code
The action resulting from the failure to comply is prescribed by two years from the issuance of the property.
- Art. 1641 of the civil Code
The seller is liable for the concealed defects of the thing sold which make it unfit for the use to which it is intended, or which so diminish this use, that the customer would not have acquired it, or would have given only a lesser price , if he had known them.
- Art. 1648 paragraph 1 of the civil Code
The action resulting from the redhibitory defects must be brought by the purchaser within two years after the discovery of the defect.