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General Terms of Sale
  • PREAMBLE

The patchestore.us Web site is the property of Patch e-store

Patch e-store is the sole owner of patchestore.us and all related rights.

Any reproduction of any information contained on the patchstore.us site, either in full or in part, requires explicit written authorization from Patch e-store. However, you may create hypertext links to the site without asking for permission.

 

  • 1. Definition and acceptance of on-line General Terms of Sale

The General Terms of Sale described here establish the contractual relationship between Patch e-store and the Client. Both parties agree to abide by these General Terms of Sale in their entirety.

These Terms of Sale apply to all contractual arrangements between patchestore.us (the "Site") and its customers and will prevail over any other Terms of Sale mentioned on any other document or pages on the Site, unless prior express and written specific arrangements have been made.

The Client agrees that he or she was aware of these Terms of Sale when placing an order via the Site, as well as particular Terms of Sale presented on the Site, and explicitly agrees to accept them without reserve.

Because the order process takes place on-line, Patch e-store informs you that the content of these Terms of Sale does not require a handwritten signature. By clicking to check the corresponding checkbox on the order form, the Client accepts the Terms of Sale without reserve.

Please note that the sales contract for a product purchased via the Site includes the order form filled in by the Client and validated on-line, as well as the applicable Terms of Sale at the time the order is placed.


 

  • 2. Products - availability

Products: definition and application

The products sold on the patchestore.us Site comply with applicable regulations and standards for cabling systems.

The patchestore.us Site presents the main features and specifications of the proposed products, notably technical and size specifications.

The photographs illustrating products, as well as text and other graphic images, are generally extracted from documentation created by our suppliers and do not in any way represent a contractual obligation of any kind. Patchestore.us shall not be held liable in any way in case of errors contained in the text or images on this Site.

The products sold on the patchestore.us Site are designed for personal or professional use by our Clients.


Availability: The stock display on the site is in real time

Our offers are valid as long as they are displayed on the Site, within the limits of available stock at the time the order is placed.

In case a product is not available in stock, information regarding availability is provided subsequently by our Customer Service department when the on-line order is placed.

Depending on the information provided by our suppliers, the Client then has the option to confirm the order, change the order and choose an equivalent product, or cancel the order and terminate the purchasing process. In the latter case, the Client will be reimbursed for any amount already paid if the Client's bank card has already been debited.

www.patchsee.com


 

  • 3. Order process

Information provided by the Client:

The Client confirms that the information he or she provides on the patchestore.us Site is valid at the time the of registration or when an Order is placed. Patch e-store shall not be held liable in any manner for errors entered by the Client or the consequences of said errors.

The information provided by the Client when placing an order is therefore the Client's entire responsibility, particularly with respect to the precise details regarding his or her company.

In addition, Patch e-store shall not be held liable in any manner whatsoever in case ordered products cannot be delivered due to one or more errors in the Client's shipping address as specified by the Client.

Recording and archiving orders:

The Site's automatic recording systems are considered as valid proof as to the nature, content and date of the Order.

As such, we store archive copies of order forms, invoices
and all other Client correspondence on reliable and permanent media. If necessary, this information may be reproduced as legal evidence in case of dispute.

Validation and acceptance of the Order:

By validating an Order, the Client agrees that he or she possesses the full legal capacity to enter into a contract agreement as described in these Terms of Sale.

Patch e-store confirms acceptance of the Client's Order by sending e-mail to the Client at the electronic address that was provided during the registration process.

The Sale is only final upon receipt by Patch e-store of the entire amount due for the Order.

Additional information required to validate the Order:

In order to provide optimal security for transactions carried out on the Site, in particular with respect to efficiently protecting both parties from any attempted fraud, Patch e-store reserves the right to refuse any Order, or to request copies of relevant documents in case the information entered on the Site by the Client seems fraudulent. By default, the transaction in progress will simply be cancelled in its entirety.

An Order shall be considered as complete when all of the ordered products have been delivered and the entire amount due has been received by Patch e-store, including shipping costs.

Patch e-store reserves the right to not process an order or to not honor a delivery if the Client has not paid the entire amount due from a previous order, or if a dispute of any kind (in particular with respect to non-payment) is in progress. As such, Patch e-store retains the entire ownership of sold products until payment in full is received for the Order, including shipping costs and applicable taxes.

Specific conditions for orders by mail and fax:

If the Client represents a company, he or she may print a Quotation via the patchestore.us Site, corresponding to the selected products and quantities. The Client may send the Order via e-mail, postal mail or by fax to Patch e-store, accompanied by a copy of the company's business license or registration certificate. The Client's Order must include the following items:
- Ordered quantities and product references
- Unit and total prices in US$ (excluding tax)
- Quantity discount amount (if applicable) as well as any discount from special promotional codes (if applicable) in US$ (excluding tax)
- Shipping charges in US$ (excluding tax)
- Total in US$ (excluding tax)
- Number of business license or registration certificate
- SIRET number for French companies; or business registration or license number
- Intercommunity VAT number for companies within the European Community
- Payment method: net 30 days after the date of invoice by bank transfer
- Shipping and billing addresses
- Full name and phone number of Client contact for the Order

Upon receipt of the Order by e-mail, fax or postal mail, Patch e-store will process the Order on the condition that it is validated and accepted.

The Client benefits from the same Order tracking privileges for mail and fax Orders as for Orders placed directly on-line via the Patchestore Site.

 

  • 4. Product delivery - verification - reception - tracking disputes

Delivery:

After confirming the Order, Patch e-store will send all of the items ordered by the Client as quickly as possible, generally within a period of 24 hours for products that are in stock when the Order and payment are received.

If the Order cannot be shipped within 24 hours due to lack of supply or any other reason, the Client is informed of the additional time required by e-mail or by telephone, and is given the option to confirm the order, change the order for similar products, or cancel the Order.

Sales outside the European Union:

In addition, for deliveries outside the European Union, the client agrees to pay all taxes and/or duties related importing products, including customs fees, value-added tax, and all other taxes required by the applicable laws in the country in which the Order is received.
There is no custom taxes for USA and Canada.

Patch e-store shall not be held legally liable in any manner if the Client does not pay required taxes and/or duties.

Delivery process:

The carrier chosen by Patch e-store or by its suppliers shall deliver the Order to the address provided by the Client at the time the Order is placed. A package tracking number is provided to the Client. Orders are delivered during regular work hours directly by the carrier to the Client, upon signature, which serves as proof of delivery of the Order to the expected recipient. In case of absence, the carrier must contact the Client at the phone number provided for the Order. The Client is not entitled to compensation of any kind, notably penalty or interest charges, in case of late delivery.


Regulations related to the transportation of goods:

Goods always travel at the risk and danger of the recipient. As such, the Client must always verify the condition of packages and the products contained therein upon reception of the Order, in the presence of the carrier.

Order reception upon delivery:

> In case of visible damage, follow these instructions carefully

In case of visible damage to a delivery (damage, missing product with respect to packing slip, damaged or broken package, etc.), the Client must immediately inform the carrier in writing on the bill of lading. Only this written notification, which must be transmitted along with an explanation by mail both to Patch e-store and to the carrier within three (3) days, shall serve as grounds to contest the delivery of ordered products with the carrier in question.

> In case of incorrect recipient or non-compliance, follow these instructions carefully

In case of an error related to the recipient or non-compliance of the delivery with respect to the Order, the Client must contact the Patch e-store Customer Service department by e-mail.

The Client must keep the contents of the package "as-is", in the same condition as when it was received.

The Client must precisely describe the reason for his or her request.

In addition, the Client benefits from the right to return products under the conditions described in Article 5 of this Terms of Sale document.

> In case of split delivery:

For reasons of product availability, an Order may be delivered to the Client in multiple shipments. In this case, the Client is not entitled to any compensation of any kind.

If the Client explicitly prefers to receive 2 distinct deliveries, he or she must place 2 separate orders, including related shipping charges.

> In case of late delivery:

In case of late delivery, you may contact our Customer Service department by e-mail. Have your order confirmation and invoice on-hand when you place the call.

> In case of force majeure:

The following events are considered as cases of force majeure, releasing the Seller from its obligation to deliver the Order: war, riots, fire, strikes, accidents and the impossibility to obtain supply of raw materials.

 

  • 5. Right to retract

The Client has the right to retract the Order within a period of seven (7) days following reception of the Order by the Client. This 7-day period begins the day after the product or products were received. After this period, you no longer benefit from the right to retract the Order.

You must obtain prior approval from our Customer Service department if you choose to retract an order you have received.

In case you choose to exercise your right of retraction, you may either request the reimbursement of paid expenses, excluding shipping charges, or an exchange representing an amount equivalent to that already paid, accompanied by additional payment to cover any difference in price if necessary.

This right of retraction may be exercised without penalty. Nonetheless, return shipping costs are at the Client's expense. You must ensure that the Order that you are retracting is returned to Patch e-store in its entirety, respecting the terms described below in this Article.

The bank transfer fees are charged to the customer.

Please note that reimbursement will be made by check or by crediting the Client's bank account, depending on the original payment method, within fifteen (15) days following reception of returned products, and after quantitative and qualitative confirmation of the original condition of said products upon reception.

In case the Client exercises his or her right to retraction, Patch e-store will, after verification of the returned products, reimburse the amount paid by the Client (minus shipping charges, as described in Article 6 below) within a maximum period of 15 days by wire transfer or by crediting the Client's credit card.

Terms of exchange or reimbursement, including in case of retraction:

If the Client requests an exchange or reimbursement, a return authorization number must be provided by Patch e-store. The return procedure is described on the return authorization. Please be aware that selected documents related to your package(s) may be required. You should therefore keep all items received with your delivery, include packaging, until your claim is completely resolved. When returning products, we recommend that you send them in their original packaging, in their entirety. The complete package(s) being returned must contain intact products in brand new condition.

Please note that shipping charges for products accepted for return by Patch e-store are entirely paid by the client, except in the case of an error or non-compliance duly acknowledge by the Patch e-store Customer Service department.

If the Client pays for shipping, he or she must declare the product value as it is written on the purchase invoice, and ensure that said product(s) is/are properly insured for return with respect to the amount indicated on the invoice.

 

  • 6. Product pricing

Product pricing:

Prices on the patchstore.us Site are provide in USD ($) and cents. The prices shown on product information sheets do not include tax or shipping.

The price shown as the total during the ordering process, as well as during confirmation, is the firm final price, including the product price and the shipping charge, but not including applicable taxes.

Similarly, if one or more taxes or levies, notably for environmental purposes, should be created or modified, increased or decreased, this change may be reflected in the product sale price.

Prices indicated on the site are guaranteed for the duration of their presence on-line, and within the limits of available stock.

Shipping charge:

Patch e-store charges a flat rate for shipping, regardless of the order amount. This rate is $10.00 USD per order (excluding tax).


 

  • 7. Payment terms

The price invoiced to the Client is that which is shown on the Order confirmation sent by Patch e-store.

Payment is due in full as of the Order date.

Payment method

The Client may pay for Orders by:
* Credit card/bank card
* Wire transfer

Privacy gaurantee for credit card payment in secure environment:

Patch e-store certifies that on-line credit card payments are handled in an environment that is secured by our financial partner, CIC Crédit Mutuel. Credit card information is encrypted using the SSL protocol, which provides strong data encryption and under no circumstances transmits data clearly over the network.

For all payments made using credit cards with the "VISA" or "AMERICAN EXPRESS" logo via our secure payment environment, the debit request will be issued to your bank by our banking solution.

Orders that are validated by the Client are only considered as final when the bank payment centers involved with the transaction have given their approval. If said payment centers reject the transaction, the Order is automatically cancelled and the Client is notified by electronic mail.

Payment by check:

The payments by check are not allowed.

Payment by bank transfer:

If payment is made by inter-bank wire transfer, the Client should order the wire transfer using his or her regular procedure. Patch e-store’s bank coordinates will be sent via e-mail along with the Order confirmation. The Order is considered as final upon receipt of the entire amount due in our account.

 

  • 8. Disputes

This contract is subject to French and European law. Patch e-store cannot be held liable for damages of any kind, either material, intangible or corporal, resulting from the malfunctioning or misuse of products sold on this site.

Patch e-store liability shall be limited in any case to the amount of the order, and we will not be held liable for simple errors or omissions which could subsist despite all the precautions taken in presenting the products.

In case of difficulty in the application of the present contract, the Client has the option, before taking any legal action, to seek an amicable solution, notably with the assistance of: a professional association in the field, a consumer association or any other counsel of his or her choice. You are reminded that seeking an amiable solution does not interrupt the "short period" of the legal warranty, nor the duration of the contractual guarantee.

You are reminded that, as a general rule and pending the assessment of the Courts, respect for the dispositions of the present contract relative to the contractual guarantee assumes that the Client honors his or her financial obligations towards the Patch e-store.

Claims or disputes will always be received with attentive benevolence on our part, good faith always being presumed in the person who extends the effort to present his or her situation.

In the case of a dispute, the Client will first contact Patch e-store to obtain an amiable solution. As a last resort, both parties explicitly agree that the commercial Court of Couzon-au-Mont-d'Or (Lyon), France, shall be the only competent legal authority to handle the matter.

 



 

  • 9. Warranty

Products purchased on our Site are covered by the manufacturer guarantee.

The manufacturer however does not guarantee products against failure or damage caused by negligence, deterioration or inappropriate use of said products.

Patch e-store guarantees that all selected products are manufactured with full respect for applicable legislation and standards in effect at the time of manufacturing.

In any case, Patch e-store cannot be held liable for regulations and laws in effect in the country of delivery. Patch e-store liability is exclusively limited to the value of the products in question, at their value on the date of sale.

The Client shall benefit from the legal guarantee for latent defects of the products sold. Provided that the Client proves the presence of a latent defect, Patch e-store is legally obliged to repair all consequences of said defect. If the Client takes the issue before a court of law, he or she must do so within a "short period" following discovery of the latent defect. After the legal retraction period, the Client benefits from the manufacturer guarantee provided for the product(s) in question.

The Client must be able to show proof of purchase, such as the original invoice, in order to benefit from the product guarantee.

Please note that for any product to be taken back by Patch e-store under guarantee, products must be returned according to the terms described above in Article 5. Shipping charges and risk related to returning defective product(s) are the Client's responsibility.

 

  • 10. Legal

Patch e-store's responsibility is suspended in the case of unforeseen incidents or force majeure that are unavoidable, unpredictable and totally beyond the control of either party.

The personal information that you provide as a Client on this Site is required for us to process and deliver your on-line order, as well as to generate invoices and other financial documents. The Order may be cancelled in the absence of accurate and complete information.

In compliance with the terms of the French Data Protection Act ("Informatique et Libertés") no. 78-17 of January 6, 1978, on Data Processing, Data Files and Individual Liberties, you have the right to access, change, delete or oppose any stored personal information about you. If you would like to exercise this right, please contact Patch e-store Customer Service by sending e-mail.

Patch e-store does not share Client information with third parties of any kind.

Any information you provide during your visits to the patchestore.us site is strictly confidential. Your personal information is never shared, sold or rented to any third-parties under any circumstances.

This information is only collect for the purposes of:
- Carrying out your purchase, from order to delivery
- Better meeting your expectations and providing better service to you

Patch e-store has registered this information with the CNIL (French National Commission for Information Technology and Freedom), in accordance with the French Data Protection Act ("Informatique et Libertés") law of January 6, 1978. You have the right to access and/or modify this information by writing to:

Patch e-store
Immeuble "Le Central Parc"
119 Bd Stalingrad
69100 Villeurbanne, France

or by clicking directly on "My account" on this Site
or by clicking : Contact