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Preamble
DOLPHIN STORE is a shop on line of the Company DOLPHIN COMPUTERS.
Address Internet of shop on line DOLPHIN STORE is www.dolphincomputers.net
DOLPHIN COMPUTERS
5 Square Villaret de Joyeuse
75017 Paris
Phone: + 33 1 53 42 31 90
Fax: + 33 1 44 90 91 51
Limited liability company with the capital of 7 622 Euros
RC: Paris B 411 383 177
Siret: 411 383 177 000 44
VAT: FR 16 411 383 177
Code NAF: 518 G
Any ordering of product being produced on the Web site www.dolphincomputers.net supposes the preliminary consultation of these general conditions.
Consequently, the consumer recognizes perfectly informed being owing to the fact that its agreement concerning the contents of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order on line the products presented within the framework of the shop of the Web site.
The consumer has the right to edit and maintain these terms and conditions, although it must be noted that both the backup edition of this publication is its sole responsibility.
The shop in line installation by the Company DOLPHIN COMPUTERS within the framework of the Web site mentions following information:
• Presentation of the essential characteristics of the goods proposed;
• Indication, in European currency of the price of the goods, like, if necessary, of the expenses of delivery;
• Indication of the execution or delivery, modes of payment;
• The existence of a right of retraction;
• Period of validity of the offer or the price;
• Conditions of cancellation of the contract when this one is at unspecified duration or one duration higher than one year.
The consumer states to have the full legal capacity allowing him to engage under the present general conditions. The consumer states to understand the whole of information, relating to his order like in the description of the article(S) ordered.
Article 1: Entirety of the obligations
The present general conditions express the entirety of the obligations of the parts. In this direction, the consumer is considered to accept without reserve the entirety of the provisions envisaged under these general conditions.
No general or specific condition appearing in the documents sent or given by the consumer will be able to be integrated into present, since these documents would be incompatible with these general conditions.
Article 2: Object
The present general conditions have the aim of defining the rights and obligations of the parts within the framework of the sale in line of goods and services suggested by the company DOLPHIN COMPUTERS to the consumer.
Article 3: Contractual document
This contract is formed by the following contractual documents, presented by decreasing hierarchical order: present general conditions; the purchase order. In the event of contradiction between the provisions contained in the documents of different row, the provisions of the document of higher row will prevail.
Article 4: Validity date - duration
These general conditions come into force on the date of signature of the order. These general conditions are concluded to the extent necessary for the supply of goods and services purchased, until the expiry of the safeguards owed by the company DOLPHIN COMPUTERS.
Article 5: Electronic signature
The “double click” of the consumer under the purchase order constitutes an electronic signature which has, between the parts, the same value as a handwritten signature.
Article 6: Order Confirmation
Contractual information will be subject to confirmation by e-mail no later than at the time of delivery or, failing that, at the address given by the consumer in the purchase order. We reserve the right to cancel your order if this indicates a wrong or elements (price, description, picture, etc.)
Article 7: Proof of the transaction
The computerized registers, preserved in the information processing systems of the Company DOLPHIN COMPUTERS, under reasonable conditions of safety, will be regarded as the evidence of the communications, the orders and the payments occurred between the parts. The filing of the purchase orders and the invoices is carried out on a reliable and durable support being able to be produced as proof.
Article 8: Information on the products
8-a: The Company DOLPHIN COMPUTERS present on its Web site the products to be sold with the characteristics necessary which make it possible to respect the article L 111-1 of the French Code of the consumption, which envisages the possibility for the potential consumer of knowing essential characteristics of the products that it wishes to buy before taking the final order.
8-b: The offers presented by the Company DOLPHIN COMPUTERS are valid only within the limit of stocks available.
Article 9: Prices
Prices are expressed in Euro VAT Included and speak only as of the date of mailing the order form by the consumer. They do not include delivery charges, invoiced, and indicated before the validation of the order.
The prices take account of the VAT applicable to the day of the order and any change of applicable rate VAT will be automatically reflected on the price of the products of the shop on line.
The payment of the totality of the price must be carried out during the ordering. No moment, the versed sums could be regarded as down payments or instalments.
Article 10: Mode of Payment
To pay his order, the consumer has all the modes of payment mentioned in the order form.
The consumer guarantees the Company DOLPHIN COMPUTERS that he has the authorizations necessary to use the mode of payment chosen by him, during the validation of the purchase order
The Company DOLPHIN COMPUTERS reserves the right to suspend any management of order and any delivery in the event of refusal of authorization of payment per bank card on behalf of the officially accredited organizations or in the event of non payment.
The Company DOLPHIN COMPUTERS reserves in particular the right to refuse to carry out a delivery or to deliver an order emanating with a consumer who would not have paied completely or partially a preceding order or with which a litigation of payment would be in the course of administration.
The Company DOLPHIN COMPUTERS has settled up a procedure of checking of the orders intended to ensure that no person uses the banking co-ordinates of another person without her knowledge. Within the framework of this checking, it could be requested to the customer to address by fax to company DOLPHIN COMPUTERS a copy of an identity paper as well as a proof of residence. The order will be validated only after reception and checking by our services of the parts sent.
The Information in connection with your order is subject of an automated processing of data for which the person in charge is FIA-NET S.A. This processing automated of data has as a finality to define a high level of analysis of a transaction and to fight against the fraud with the bank card.
FIA-NET S.A and the company DOLPHIN COMPUTERS (commercial Web site www.dolphincomputers.net) on which your place your purchase order, are the recipients of the data in connection with your order. The non transmission of the data in connection with your order prevents the realization and your transaction analyzes.
The supervening of unpaid with a fraudulent use of a bank card will involve the inscription of the co-ordinates in connection with your order associated with this unpaid within an incidental file with payment implemented by FIA-NET S.A. an irregular declaration or an anomaly could also be the subject of a specific treatment.
In accordance with the data-processing law and freedoms of January 6, 1978 you lay out, constantly, of a right of access, of correction, and opposition to the whole of your personal data, requesting by mail and by justifying your identity, to FIA-NET - Data processing department and Freedoms, 22 rue Drouot, 75009 PARIS, France.
Article 11: Availability of the products
The order will be carried out at the latest within 30 days as from the day following that where the consumer placed his order. In the event of unavailability of the ordered product, in particular because of our suppliers, the consumer will be as soon as possible informed and will have the possibility for it of cancelling his order.
The consumer will have then the choice to ask either for the refunding of the sums paid in the 30 days at the latest of their payment, by e-mail with ventes@dolphincomputers.net, or the exchange of the product.
Article 12: Methods of delivery
If your parcel is damaged with the delivery, refuse it. Do not sign the delivery order. This will avoid you paying expenses of return.
The products are delivered to the address indicated by the consumer on the purchase order
The delivery periods are of 72h in ordinary period (for a delivery in France), but they can reach 4 to 10 days in promotional period or for delivery out of France.
The consumer is held to check the state of the packing of the goods to the delivery and to announce the damage due to the conveyor on the delivery order, like at company DOLPHIN COMPUTERS, within one week.
With regard to dispatching and expeditions, we work primarily with COLIPOSTE (subsidiary of the French post office).
Article 13: Problems of delivery because of the conveyor
Any anomaly concerning the delivery (damages, produced missing compared to the delivery order, damaged parcel, broken products…) will have to be imperatively indicated on the delivery order in the form of “handwritten reserves”, accompanied by the signature of the customer. The consumer will have in parallel to confirm this anomaly by addressing to the conveyor in the two (2) following working days the delivery date a mail recommended with acknowledgement of delivery exposing the aforementioned complaints
The consumer will have to transmit copy of this mail by fax or simple mail to: DOLPHIN COMPUTERS, Customer service, 5 Square Villaret de Joyeuse, 75017 PARIS - France
(Fax: + 33 1 44 90 91 51).
Article 14: Error of delivery
14-a: The consumer will have to formulate to company DOLPHIN COMPUTERS the very same day of the delivery or at the latest the first business day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Any complaint formulated beyond this time limit, will be rejected.
14-b: The formulation of this complaint near company DOLPHIN COMPUTERS could be made in the form of: email with ventes@dolphincomputers.net, fax (to the 01 44 90 91 51), phone call (Customer service DOLPHIN COMPUTERS: 01 53 42 31 94).
14-c: Any complaint not carried out in the rules defined above and the time limits could not be taken into account and will release company DOLPHIN COMPUTERS of any responsibility with respect to the consumer.
14-d: At reception of the complaint, the company DOLPHIN COMPUTERS will allot a ticket to the product concerned in order to be exchanged. This ticket will be communicated by e-mail, fax or telephone to the consumer. The exchange of a product can take place only after attribution with the consumer of a ticket according to the step presented above.
14-e: In the event of error of delivery or exchange, very produced exchanged or refunded will have to be turned over to company DOLPHIN COMPUTERS as a whole and in its packing of origin, to the following address: DOLPHIN COMPUTERS, Customer service, 5 Square Villaret de Joyeuse, 75017 Paris France. To be accepted, any return will have to be announced as a preliminary to the Customer service of company DOLPHIN COMPUTERS. The expenses of sending are the responsibility of company DOLPHIN COMPUTERS, except if it was proven that the taken again product does not correspond to the declaration of origin made by the consumer in the good of return.
Article 15: Guarantee of the products
In accordance with article 4 of the decree n°78-464 of March 24, 1978, the provisions of present cannot deprive the consumer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the hidden defects of the thing sold.
The consumer is expressly informed that company DOLPHIN COMPUTERS is not the manufacturer of the products presented within the framework of the Web site, within the meaning of the law n°98-389 of May 19, 1998 and relating to the product liability defective.
Consequently, in the event of damage caused with a person or a good by a defect of the product, only the responsibility for the manufacturer of this one could be sought by the consumer, on the basis of information being reproduced on of the aforesaid packing produces.
The conditions and the warranty period of the manufacturer are indicated on the Products cards. Taking into account the frequency of renewal of the components of the technical products, DOLPHIN COMPUTERS will be able, on request, to inform the consumer of the availability of the spare parts of the offered products and the methods to possibly get them.
In the particular case of the processors, the thermal paste must be put only on the body of the CPU (thus the small metal plate in the middle of the processor). The fact of putting paste on all the top of the processor causes a short circuit and will cancel the guarantee.
Article 16: Right of retractation
The consumer has a 20 days deadline calendar in order to send back at his expenses, the products he does not recognize as conform to his order. This runs as from the day of reception of the order. If this deadline expires one Saturday, one Sunday or a public holiday, it is extended until the first next business day.
It is imperative to declare the request for return in the 7 calendar days.
A reduction in price can be brought in the event of degradation of the product on behalf of the customer.
Any return will have to be announced as a preliminary, to the Customer service of company DOLPHIN COMPUTERS by e-mail (ventes@dolphincomputers.net). A ticket will then be allotted to the product, and will have to be visible on the parcel. The product will have to be turned over by any conveyor provided with a follow-up of the sending at an address which will be communicated at the time of the request for return.
The products such as software, discs, CD, sets of consoles, films DVD, must not be opened, so that the consumer can profit from the right of retractation.
The products of integration such as mother cards, hard disks, graphics boards, ventilators, random access memory… remain subjected to the legal time of 7 days retractation.
Only will be taken again the products returned as a whole, in their packing of origin complete and intact, and in a perfect state of resale. Every product which will have been damaged, or whose packing of origin will have been deteriorated, neither will be refunded nor exchanged.
This right of retractation is exerted without penalty, except for the expenses of return. On the assumption of the exercise of the right of retractation, the consumer has the choice to ask either the refunding of the paid sums, or the exchange of the product. In the case of an exchange, the re-shipment will be paid by the consumer.
In the event of exercise of the right of retractation, DOLPHIN COMPUTERS will make all the efforts to refund the consumer within 15 days. However, taking into account the technical character of the market products, this time could be extended to 30 days, in particular when the product needs a technical checking (cf produced having to be tested as a preliminary).
The consumer will then be refunded by Re-credit of his bank account (protected transaction) in the event of payment by bank card.
Article 17: Rights of use
The right of use of the software of company DOLPHIN COMPUTERS, like those distributed by it, is granted to the consumer on a purely nonexclusive, personal and non transmissible basis, in accordance with the Code of the Intellectual Property.
However, in accordance with the L122-6-1 article of this Code, the consumer exclusively has a reproduction right for the establishment of a backup copy, when this one is necessary to preserve the use of the software.
In any event, the author of the software preserves a right of ownership on his work, that the consumer commits himself respecting.
Article 18: Force majeure
None of the two parts will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by a fortuitous occurrence or a cause beyond control.
Will be regarded as fortuitous occurrence or done everything cases of absolute necessity or circumstances irresistible, external with the parts, unforeseeable, inevitable, independent of the will of the parts and which could not be prevented by these last, despite everything the reasonably possible efforts.
The part touched by such circumstances will warn of it the other in the ten working days according to the date on which it will have been informed of it.
The two parts will approach then, within one month, except impossibility due to the case of absolute necessity, to examine the incidence of the event and to be appropriate of the conditions under which the execution of the contract will be continued. If the case of absolute necessity A one duration higher than three months, the present general conditions could be cancelled by the injured part.
In way express, are regarded as case of absolute necessity or fortuitous occurrences, in addition to those usually retained by the decisions of the courts and the French courts:
• The blocking of the provisioning or means of transport,
• Earthquakes, fires, storms, floods, the lightning;
• The stop of the telecommunications networks or difficulties specific to the external telecommunications networks to the customers.
Article 19: Partial non Validation
If one or more stipulations of these general conditions are held for non valid or are declared such pursuant to a law, of a payment or following a final decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
Article 20: Non renunciation
The fact for one of the parts of not prevailing itself of a failure by the other part with any of the obligations aimed under the present general conditions could not be interpreted for the future as a renunciation of the obligation in question.
Article 21: Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22: Applicable law
The present general conditions are subjected to the French law. It is thus for the rules of funds as for the rules of form.
In the event of litigation or of complaint, the consumer will apply in priority to company DOLPHIN COMPUTERS to obtain a friendly solution.
Any litigation relating to the contract will be competence of the courts of Paris.
Article 23: Data processing and Freedom
Information which is requested from the consumer is necessary to the treatment of its order and could be communicated to the contractual partners of company DOLPHIN COMPUTERS intervening within the framework of the execution of this order.
The consumer can write at company DOLPHIN COMPUTERS, to be opposed to such a communication, or to exert his rights of access, of correction with regard to information relating to it and appearing in the files of company DOLPHIN COMPUTERS, under the conditions envisaged by the law of January 6, 1978.
“Participation in the operation “evaluated site - site premium
Your purchase on www.dolphincomputers.net makes it possible to you to take part in the operation “evaluated site - site premium” organized by FIA-NET S.A.
Through two questionnaires of satisfaction whose object is to measure the quality of service which was brought to you throughout your act of purchase, you will be able to announce your personal experiment to us and to make it divide at the community of the Net surfers on site FIA-NET.
These questionnaires are likely to have been sent by FIA-NET or www.dolphincomputers.net by email or via the appearance of “pop-up” in accordance with your purchase.
The information collected within these two questionnaires is the subject of an automated processing of data for which the person in charge is FIA-NET S.A.
Answers partial or an absence of response to one or the two questionnaires of satisfaction are without incidence on the course of your order and its treatment.
FIA-NET S.A. and www.dolphincomputers.net are the recipients of the personal data collected within these questionnaires of satisfaction.
The non personal data will be exploited by FIA-NET in accordance with the regulation in force and in particular with that referring to the personal data protection.
In accordance with the Data-processing law and Freedoms of January 6, 1978 you lay out, constantly, of a right of access, of correction, and opposition to the whole of your personal data while writing, by mail and by justifying your identity, to FIA-NET - Data processing department and Freedoms - Treatment N° 896150 - 22 street Drouot, 75009 PARIS France. ”
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