General conditions of sale
Last update: 02/09/2014
The present conditions of sale are concluded between:
First, scalup.com web site
Hereinafter referred to as 'scalup.com' or 'scalup'.
And secondly, any person or entity wishing to make a purchase on the website scalup.com.
Hereinafter 'the customer' or 'buyer '.
Article 1 - Purpose
The present conditions of sale aim at defining the contractual relations between scalup.com and the buyer,as well as the conditions applicable to all purchases made through the website of scalup.com, that the purchaser is a professional or consumer.
The acquisition of a good or service through this site implies acceptance by the buyer of these terms and conditions.These sales conditions shall apply excluding all other conditions.
They will prevail on all other General or specific, not expressly approved by scalup.com.
scalup.com reserves the right to modify its conditions of sale at any time. In this case, the conditions will be those in effect on the date of order by the purchaser.
Article 2 - Characteristics of the goods offered
The products offered are those which appear in the catalogue published on the scalup.com site.
These products are offered within the limit of stocks available.
Article 3 - Prices
The prices of our products delivered in United States are in Dollars, all taxes and processing fees and shipping charges are included.
Payment of VAT and customs duties is done by the customer from local tax and customs authorities.
scalup.com reserves the right to modify its prices at any time, being understood, however, that the price posted on the day of the order will be only applicable to the purchaser.
Any change in the VAT rate could be reflected in the price of products or services.
Article 4 - Availability
The offers of products and prices are valid as long as they are visible on the site of GuitarScaler.com, within the limit of stocks available.
Orders are processed upon receipt of payment and subject to availability of products.In the event of unavailability of product after placing the order, scalup.com will inform the buyer by e-mail, SMS or by mail indicating the date of availability of the product.In case of permanent unavailability of the product,the order will be cancelled and the purchaser will be immediately refunded if his bank account has been debited.
Article 5 – Order
Internet only: www.scalup.com
The buyer who wishes to buy a product must:
- Fill in the form of identification which show all the data requested, and all information necessary for delivery (including door access building codes).
- Fill out the order form online giving all references to products or services selected.
- Validate the order after reviewing it;
- Make the payment under the conditions laid down.
The confirmation of the order entails acceptance of the present conditions of sale, the recognition of having perfect knowledge and waiver of its own conditions of purchase or other conditions.
All of the data supplied and recorded confirmation will be worth proof of the transaction.
The confirmation will be worth signature and acceptance of the operations performed.
scalup.com will communicate by e-mail confirmation of registered order.
scalup.com cannot be questioned and held responsible for the consequences of events beyond its control including cases of force majeure, that would tend to delay or prevent the placing of the order online.
The customer's order can be cancelled by scalup.com, for any reason whatsoever,especially in case of lack of information necessary to delivery.The customer will be informed by scalup.com.
Article 6 - Terms of payment
Purchases made on the site Internet of GuitarScaler.com shall be paid to the command, at the option of the buyer:
- Through PayPal by following the instructions set forth in the secure transaction.
PayPal is a company that offers secure Internet payment service allowing a user to send payments via Internet with an e-mail address,without having to reveal credit card details for each transaction.
- By bank transfer:
Account Name: Mr. ERIC FLORIN
Domicile: BNP PARIBAS 69005 LYON POINT OF THE DAY
International Identification Number (IBAN): FR76 3000 4014 2000 000 636342 28
International bank identification (BIC): EPS FR PP TAS
The cost of transfers is the responsibility of the buyer.
Article 7 - Delivery
The customer undertakes to transmit all information necessary for delivery when ordering, in order to guarantee the good end. The customer agrees, for himself or for the recipient of the order, to take delivery of the goods to the address indicated in the order.
During delivery, the customer or the recipient of the products, must be able, if it is asked, to prove his identity.
7.2 Delay shipping and delivery
The shipping time is exclusive of travel time and days. In case of payment by cheque or bank transfer, the order will be processed only on receipt of payment. Accordingly, the time limits in this case are those on the day of receipt of payment and can therefore be changed from those mentioned on the day of placing the order.
Additional time is generally expected for shipments. The period of delivery shall not have for consequence the payment of damages for the benefit of the client or service providers.
In case of delay of shipment, an email will be sent to the customer.
Article 8 – Withdrawal and right of return
Pursuant to Article L. 121-20 of the Consumer Code, buyers, non-professional individuals, have a cooling off period of seven days after the delivery of their order to return the product to the seller for exchange or refund without penalty.
All items can be Exchanged or refunded within the legal time limit.
The date of dispatch shall be authentic to appreciate this time. The expenses of return are borne by the customer. No sending in against-refunding will be accepted regardless of the reason.
The customer must fill out the contact form from the scalup.com site to reflect its application.
The return of products must be in perfect condition. Items returned incomplete, damaged, damaged, used or soiled will not be taken, and will be returned at the expense of the customer.
Refunds of products will be made, within a period not exceeding 30 days after the receipt of the products by us. Reimbursement will be made at the discretion of scalup.com by crediting the customer's bank account or by check sent to the name and billing address of the customer.
Article 9 - Legal guarantee compliance and warranty against defects and hidden defects
The legal guarantee of conformity is defined by Articles L 211-4, L 211-5, L 211-7, L 211-8, L 211-11 and L 211-12 of the Consumer Code.
The warranty against defects and hidden defects is defined by articles 1641 to 1649 of the Civil Code.
Actions based on the legal guarantee of conformity and warranty against defects and latent defects within two years from delivery of the goods sold.
In case of non-compliance or latent defects, return costs are the responsibility of the seller.
Article 10 - Liability
The seller, in the process of selling online is only bound by an obligation; the seller cannot be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, break service, or other unintended problems.GuitarScaler.com cannot be held liable for breach of contract for due to the occurrence of an event of force majeure, in particular in case of total or partial strike of postal services, Transport, and disasters caused by floods or fires.With respect to products purchased to meet the professional needs, scalup.com will not be liable for all damages because of this, business interruption, loss of profits, damage or expense that might arise.
The choice and the purchase of a product are placed under the sole responsibility of the customer. The total or partial inability to use the products cannot give rise to any compensation, refund or questioning the responsibility of scalup.com, except in the case of a proven latent defect, nonconformity, defect or exercise of the right of withdrawal.
Article 11 – Intellectual property
All elements of the site scalup.com are and remain the exclusive intellectual property of scalup.com.
Nobody is allowed to reproduce, use, distribute, or use for any purpose whatsoever, even partially, the elements of the site are video or audio.
Any use of a simple link or by hypertext is strictly forbidden without the express written consent of scalup.com.
Article 12 - Respect for privacy
Under the law on data processing, files and freedoms of January 6, 1978, information containing names of buyers may be subject to automated processing.The information provided by the customer is for the exclusive use of GuitarScaler.com.
scalup.com undertakes not to transmit to any third party the personal information provided by users on its site.
These are confidential.
In addition, users have a right to access and rectify data concerning them, in accordance with the law of January 6, 1978.
Article 13 - Archiving – Proof
scalup.com archive purchase orders and invoices on a reliable and durable as a true copy in accordance with the provisions of Article 1348 of the Civil Code.
The computerized registers of scalup.com will be considered by the parties as proof of communications, orders, payments and transactions occurred between the parties.
Article 14 - Settlement of disputes
The present conditions of sale online are subject to U.S. law.