TERMS AND CONDITIONS
ARTICLE I : FIELD OF APPLICATION
These general terms and conditions are intended to fulfil the obligation falling to the provider to carry out preliminary information to the customer in accordance with the European directive relating to the protection of the customers as regards remote contracts. This contract is a remote contract which uses exclusively Internet network until the contract signature including the contract signature itself. The general terms and conditions hereafter applicable to all are produced sold by Company XTIM and its subsidiaries. For any order placed on Internet site of XTIM limited liability Company, the customer commits itself to have read and accepted the general terms and conditions.
ARTICLE II : PRICE
The prices mentioned on our catalogue are including all taxes in EURO (1EURO = 6.55957 FF). The settlement of all the rights and taxes for the customers outside European Union is the exclusive charge of the purchaser, in this case the price will be invoiced net of tax by reducing the VAT of listed price. The prices given are excluding expenses of processing and delivery. XTIM can modify its prices anytime. The products will be invoiced with the price and VAT rate applicable at the time when order is passed for the French and European Union purchasers.
ARTICLE III : PURCHASE ORDERS
XTIM reserves the right to cancel the order of a customer for who would be a dispute about a previous order. The information recorded by XTIM during the ordering constitutes the proof of the transaction between XTIM and its customers. Any order form validated by the customer at the end of the order is an irrevocable acceptance of the aforesaid order, nevertheless, this validation corresponds to a double confirmation of the customer. The products are offered within the limit of the inventories available. Contractual information will be send by email latest at the time of the delivery. In the event of immediate non-availability of the product, XTIM will warn its customer, by e-mail or mail, of the theoretical date of delivery. For all additional details you can ask to join the online store service by calling the number +33 4 84 18 52 36 (Not overcharged number).
ARTICLE IV : DELIVERY
The products are delivered to the address mentioned by the customer during the ordering. The delivery costs are chosen by the customer and are included in the total amount to pay. The customer must check the conformity of the goods and his general state when receiving these goods. If packing appears deteriorated during delivery, the customer issues reserves on the bill of transport. Any fault requiring a settlement or the intervention of XTIM, must be announced by registered letter to XTIM, 77 Rue de Lyon, 13015 Marseille, France, within 48 hours after the delivery or by email to [email protected].
ARTICLE V : PAYMENT
The payment of the totality of the order (product, processing, delivery…) will have to be settled before the forwarding of the goods. Clause of property reserve: the products remain the property of XTIM until its complete payment. Secured payment: the payment made by credit card is secured by a Secure Socket Layer (SSL) system. No banking information is kept in our website.
ARTICLE VI : CONFIDENTIALITY
While placing an order on our website, the customer authorises us to collect information about him that will be used only on a purely internal basis (processing of order, transport, marketing). The processing of your personal information is done in the respect of the relative law to data processing, the files and freedoms of January 6th, 1978. Thus, you have an access and edit right to your personal information. You just need to contact us (mentioning your name, first name, addresses and email): By mail to: XTIM, 77 Rue de Lyon, 13015 Marseille, France, or by phone to +33 4 84 18 52 36.
ARTICLE VII : RIGHT OF RETRACTATION
Except for the games and software downloaded on the XTIM.com site which neither are taken back nor exchanged, as per the EU Distance Selling Directive, you are entitled to return ordered goods within 14 days of receipt if you change your mind. The returned goods must be unopened and unused and in the same condition as when dispatched by us. Any return will have to be notified first to XTIM by email using the following address: [email protected] Only will be accepted and refunded the complete returned products, in their packing of origin intact and with the proof of purchase. Any product deteriorated or damaged will not be refunded or exchanged. In accordance with the provisions of the L-121-18 item of the code of consumption, the assumption of responsibility of settlement relates exclusively to the product price and will not be prone to any penalty clause, the Customer will have nevertheless to support the expenses of preparation.
ARTICLE VIII : GUARANTEE – RETURN OF GOODS
The items provided by XTIM are new and are guaranteed against any defect. If it happened that an item is defective or not in conformity, we commit ourselves to exchange it or to repair it, provided it is returned to us, using standard mail, in its original packing, along with the corresponding invoice within 14 days of receipt. All carriage costs remain at your expenses Address: XTIM, 22 Bd Bourre,13008 Marseille, France
ARTICLE IX : MAJOR FORCE
XTIM will not be responsible for the non-fulfilment of its obligations if this nonfulfilment results from a fact independent of its will and escaping its order. Will be regarded as fortuitous occurence or major force done everything 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.
ARTICLE X : RESPONSABILITY
The offered products answer EU law (the EEC) into force. XTIM declines any responsibility if the delivered item does not respect the legislation of the country of delivery (standards, prohibition specific…). We do not guarantee the conformity of our products outside the EEC, the USA, Japan and Korea. The customer need to check and get informed on this subject before ordering. No refund can be required if finally the received product didn’t match with the standards of the country of delivery. If any delivery problem occurred (fees, customs clearance default …) XTIM can’t be held responsible, and cost of destruction or return will be paid by the customer.
ARTICLE XI : ATTRIBUTION OF JURIDICTION
In the event of exception of some nature that it is, it is expressly made attribution of jurisdiction at the Bankruptcy court of Marseilles, whatever the rights and obligation of the parts, which are governed exclusively by the French laws.
ARTICLE XII : INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on the site www.mybionicbird.com are reserved worldwide, according to the copyright and the intellectual property. As a consequence and according to the capacities of the Intellectual property Code, private use is only authorised, under reserve of different capacities even more restrictive of the Intellectual Property Code. Any other use constitutes forgery and will be sanctioned in conformance with the Intellectual Property, except written prior authorisation of the company XTIM. Any total or partial reproduction of the XTIM’s electronic catalog or the Web site is strictly forbidden and will follow up legal proceedings.