Terms and conditions

 

The auto company e Motion Solution represented by Mrs Laurence Linsenmaier (below SELLER) is declared the formalities of Autoentreprenneurs Centre of Enterprises under number 75114953500047. Its mailing address is 185 route du Vignaud Vieux - 24130 Saint Pierre d'Eyraud - France, and e-mail address is contact@emotionsolution.com (below ADDRESS OF SELLER).

Any order under a product appearing in the online store site http://ems-erotik.com (below WEBSITE VENDOR) requires consultation and prior acceptance of these terms and conditions sale. The validation of the order implies full acceptance click hereof. This value click "digital signature"

The buyer declares by accepting the terms and conditions BE MAJOR when ordering.
Object

These terms and conditions aim to define the rights and obligations of parties under the online sale of goods offered by SELLER to the consumer.
Order confirmation

The contractual information will be confirmed via email to the address specified by the consumer in the purchase order.
Proof of the transaction

The records stored in computer systems company SELLER under reasonable conditions of safety are considered proof of communications, orders and payments between the parties.
The filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.
Product Information

Every effort has been made to ensure the accuracy of information presented on SITE SELLER. SELLER or its suppliers are however not responsible for the consequences, incidental, special damages arising from electronic transmission or the accuracy of information transmitted even if SELLER had knowledge of the possibility of such damages. The names and product brands and manufacturers are used only for identification purposes. Pictures, descriptions and prices of products are not contractual.
Delivery Modality

The products are delivered to the address specified by the customer on the order form and only on geographic areas we serve.
All products leave our premises in perfect condition. The customer must notify the carrier (or factor) the slightest trace of impact (Holes, traces crushing etc. ..) on the parcel, and where appropriate to refuse the package. An identical new product will then be returned without charge.
The exchange of any product declared, a posteriori, damaged during transport, without any reservation has been issued on receipt of the package, can not be supported. As in any expedition, it can be delayed or that the product gets lost. In such cases, we contact the carrier to start an investigation.

Every effort is made, as long as necessary, to find this package. If necessary the merchant will be reimbursed by the carrier and deliver a new package identical to its costs. We disclaim any responsibility for the longer delivery times because of carrier, including for loss of products, bad weather or strikes. Delivery times are indicative only, the average time for each item, the time of the order is the period of the article with the longest delivery time. No partial deliveries can be requested following a momentary break from a supplier.

Delivery problems due to carrier:
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken product ...) must imperatively be indicated on the delivery form of "handwritten reserves", accompanied by the signature of the customer.
The consumer must confirm this problem by sending the carrier within two (2) business days following the date of delivery by mail with return receipt stating such claims.
The consumer must send a copy of this letter to the SELLER'S ADDRESS. Without this, we will proceed with no exchange.
Delivery errors

The consumer must make to the SELLER, the day of delivery or later than the first business day after delivery, any claim of error of delivery and / or non-compliance of products in kind or in quality compared to indications on the order form.
Beyond this period, any claim will be rejected.
The formulation of this claim with the SELLER may be made to the SELLER'S ADDRESS.
Any claim not made in the rules defined above and within the time limits could not be taken into account and release SELLER of any responsibility towards the consumer.
In case of error of delivery or exchange any product for exchange or refund must be returned to the SELLER as a whole and in its original packaging in perfect condition to the SELLER'S ADDRESS.
To be accepted, any return will be reported and have the prior consent of the SELLER, which if agreed will ship the package to the correct address.
The shipping costs are the responsibility of the BUYER, except where it would prove that the product does not match the original declaration made by the consumer in the sense to return.
Exchange - Refund

You have 30 days after receipt of your package to make the exchange or refund the items.
Only items in their original packaging and in perfect condition for resale will be accepted, so be sure to pack your items
Delivery costs to our warehouse at your expense, the return of new products at our expense.
Items will be checked at reception and we reserve the right to refuse items not meeting the above criteria (all items with traces of mounting and fitting will be refused).
To expedite the processing of your return, you must first call our service at 09 81 22 10 24 to get a good return.
"The products available to order AND the hygienne products will be returned or exchanged except error from the company e Motion Solution"
Right to retract

The right of withdrawal applies only to natural persons.
Accordance with Articles L. 120-20, the consumer has a period of quatorzes (14) calendar days to return, at its expense, the products do not suit him. This period starts from the date of receipt of the order of the consumer. All returns will be reported in advance at the customer service of the SELLER. The product should be returned to the SELLER'S ADDRESS.
Sensitive products should not have been unsealed so that the consumer can exercise the right of withdrawal.
Only products returned will be together, in their original packaging complete and intact and in perfect condition for resale. Any product that has been damaged or whose original packaging has been damaged, will be refunded or returned or exchanged. This right of withdrawal is without penalty, except for shipping and return. In the event of exercising the right of withdrawal, the consumer has the option of requesting either a refund of amounts paid, or exchange the product. In the case of an exchange, the return will be at the expense of consumers.
In case of exercising the right of withdrawal, the SELLER will make every effort to refund the consumer within thirty days.
Return

For resellers, please contact us for the return policies
In no event SELLER is responsible for the loss or damage of returned packages. Packages against refund will be systematically refused.
Payment

All invoices are payable in cash. Any payment made prior to maturity does not qualify for any discount. In case of late payment to any deadline, for any reason whatsoever, the amounts due will generate interest as of right from the due date, the conventional rate of 1.5% per month, without further formality, until full payment of the amounts due. Furthermore, it is agreed as a penalty clause, if the customer default makes it necessary as regards recovery litigation or court, the customer will have to pay, in addition to the principal, interest, costs and accessories bear a fixed compensation 20% of the principal amount of the tax debt, and as conventional and legal interest and damages.
Use Rights

The use of trademarks / images on the site is strictly prohibited.
Force majeure

Neither party has breached its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event of force majeure. Will be considered a force majeure any fact or circumstance compelling, exterior to the parties, unpredictable, unavoidable, beyond the control of the parties and which can not be prevented by them, despite all the efforts reasonably possible.
The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware.
Both parties will then, within three months, except impossibility due to force majeure, to examine the impact of the event and agree the conditions under which the contract will be continued.
If the force majeure has a duration longer than a period of one month, these terms may be terminated by the injured party.
Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of courts and tribunals French: blocking of means of transport, earthquakes, fires, storms, floods, lightning, stop telecommunication networks or difficulties specific to telecommunication networks to the customers.
No partial validation

If any provision of these terms and conditions are held to be validated or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
No Waiver

The failure of either party not to claim a breach by the other party to any of the obligations set under the present general conditions of sale can not be interpreted in the future as a claim the obligation in question.
Applicable law

These terms and conditions are subject to French law. This is so for the fund rules as to the rules of form.
In case of dispute or claim, the consumer will apply primarily to the SELLER for an amicable solution.
Protection of personal data

All the data you entrust to us are able to process your orders.
Under Law No. 78-17 of January 6, 1978 relating to data, files and freedoms, you have near the SALESMAN a right of correction, consultation, modification and deletion of data you have provided. This right can also be done online.
Disputes

Any order placed via the SITE SALESMAN carries the adhesion of the customer, without any restriction, the terms and conditions of the SELLER. In case of sale to a corporation, any disputes concerning the sale (price, CGV, product ...) will be subject to French law before the Court of Commerce of Castres.
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