The present sales conditions are concluded on one hand by the company PASCAL MORABITO 16 Place Vendôme 75001 Paris Here-on called “PASCAL MORABITO” and in addition, by any moral or natural person wishing to proceed to a purchase via the website www.pascalmorabito.com called here-on “the client”.
Article 1: Object
The present conditions of sale aim at defining the contractual relations between PASCAL MORABITO and the client and the conditions applicable to any purchase carried out by the means of the website PASCAL MORABITO, whether the client is professional or consumer.
The acquisition of a good or a service through this site implies a general acceptance by the client of these sales conditions.
These conditions of sale will prevail on all other general or specific terms not expressly approved by PASCAL MORABITO.
PASCAL MORABITO reserves himself the right to modify his conditions of sale at any moment. In this case, the applicable conditions will be those in use at the date of the purchase by the client.
Article 2 : Characterizations of the goods and proposed services
The products and services offered are those which appear in the catalogue published in the official website of PASCAL MORABITO.
These products and services are offered within the limit of available stocks.
Each product is accompanied by a description established by PASCAL MORABITO, in some cases, visible only on the website www.pascalmorabito.com.
The photographs from the catalogues of PASCAL MORABITO are the most faithful possible but cannot ensure a perfect similarity with the product offered, in particular with regard to the colours.
Article 3: Tariffs
The prices displayed in the catalogues are prices including all taxes in euro taking account of the VAT applicable to the day of the command. Any changes in the rate could be reflected on the price of the products or the services.
PASCAL MORABITO reserves himself the right to modify his prices at any moment; however being understood that the price appearing in the catalogues the day of the command will be the only applicable one to the client.
The prices indicated do not include any transport and delivery costs in so far as they take place in the geographical areas envisaged hereafter.
Article 4: Geographical surface
The sale online and the delivery of the products presented in the website www.pascalmorabito.com are opened to clients in the whole world without restrictions of geographical areas.
Article 5: Orders
The client, who wishes to buy a product must obligatorily:
- Fill the card with identification on which he/she will indicate all the coordinates requested;
- Select the desired articles;
- Validate he/she’s orders after having checked it;
- Carry out the payment under the conditions envisaged;
- Confirm he/she’s order and its payment.
The confirmation of order involves acceptance of these sales conditions, the recognition to have perfect knowledge of it and the renunciation to prevail himself/herself of its own conditions of purchase or other conditions.
The whole of the data and the recorded confirmation will be proof of the transaction. The confirmation will be worth signature and acceptance of the operation carried out.
The salesman will communicate by e-mail the confirmation of order.
Article 6: Retractions
The clients, nonprofessional natural people, profit from a time of seven days retraction as from the delivery of their order to make return of the product to the salesman for exchange or refunding without penalty, except for the expenses of return.
Article 7: Deliveries
Deliveries are made with the address indicated in the purchase order which can only be in the agreed geographical area.
The delivery times of a product are given only as an indication; if those exceed thirty days as from the order, the sale contract could be cancelled and the client refunded.
PASCAL MORABITO ships in Colissimo, Colissimo international or parcel recommended with tracking number.
Article 8: Guarantee
All the products provided by the salesman profit from the legal guarantee envisaged by articles 1641 to 1649 of the Civil code.
In the event of nonconformity of a product sold, it could be turned over to PASCAL MORABITO who will take it back, exchange it or will refund it.
Any complaints, requests for exchanges or refunding must be carried out by e-mail to the following address : email@example.com within seven day of the delivery.
Article 9: Responsibility
The salesman, in the process of online sales, is held only by one obligation of means; his/her responsibility could not be committed for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, closure of the service, or other involuntary problems.
Article 10: Data of personal matter
In accordance with the relative law about data processing, the files and freedoms of January 6th, 1978, information of personal matter relating to the purchasers could be the subject of an automated processing.
PASCAL MORABITO reserves the right to collect information about the clients by using cookies, and, if it wishes it, to transmit to business partners collected information.
The clients can be opposed to the disclosure of their coordinates by announcing it to PASCAL MORABITO. In the same way, the users have the right of access and apply for the correction of the data with regard to them, in accordance with the law of January 6th, 1978.
Article 11: Filing & Proof
PASCAL MORABITO will file the goods of commands and the invoices on a reliable and durable support constituting a copy faithful in accordance with the provisions of article 1348 of the Civil code.
The computerized registers of PASCAL MORABITO will be regarded by the parts as proof of the communications, orders, payments and transactions that occurred between the parts.
At the request of the client, he will be addressed an invoice on paper emphasizing the VAT.
Article 12: Solutions to litigations
The present general terms of sale are subjected to the French law. In the event of difficulty occurring at the time of the order or of the delivery of the PASCAL MORABITO articles, the customer will have the possibility, before any legal action, to seek a friendly solution.
Any litigation likely to result from the interpretation or the execution of these general terms of sale and its continuations will be subjected to the exclusive competence of the French courts.
Article 13: Modes of payment
The account of the purchaser will be output with the order.
The payments will be carried out either by credit card, PayPal, transfer, cheque; they will be carried out by the means of the protected system who uses SSL protocol (Secure Socket Layer) so that transmitted information is encrypted by a software and that no third can take note during transport of it on the network.
Article 14: Intellectual property
All the elements on the website of PASCAL MORABITO are and remain the intellectual and exclusive property of PASCAL MORABITO.
Nobody is authorized to reproduce, exploit, repeat, or use for whatever reason, even partially, elements of the website. Which include software, visual, textual or sound.
Any simple link or hypertext is strictly forbidden without a purposely written agreement by PASCAL MORABITO.
Article 15: Complaints – information
For any information, complaint or relative question about the online sales conditions instated by PASCAL MORABITO or with the articles themselves, the customers will have to address themselves to the online service by e-mail using firstname.lastname@example.org and by pointing out their order number if necessary.