GENERAL CONDITIONS OF SALE OF SROKACOMPANY.COM
These General Conditions of Sale (hereinafter: the Conditions) apply to all offers, orders and contracts of srokacompany.com to the exclusion of any other general terms and conditions. These Conditions can also be consulted on our website: http://www.srokacompany.com In these general conditions, srokacompany.com will be referred to as “Sroka Shop”.
1.2 The acceptance of an offer or placing of an order is construed as meaning that you accept the applicability of these Conditions.
1.3 Variations from these Conditions are only possible if made in writing, in which case the other stipulations remain in full force.
1.4 All rights and entitlements in favour of Sroka Shop, as stipulated in these Conditions and in any further contracts, are likewise stipulated in favor of intermediaries engaged by Sroka Shop.
2.1 All offers of Sroka Shop are subject to contract and Sroka Shop expressly reserves the right to change the prices, especially when that is necessary pursuant to statutory or other regulations. See also article 3.6.
2.2 A contract is only concluded after your order is accepted by srokashop.com. Sroka Shop is entitled to reject orders with good reason or to attach special conditions to the delivery, unless explicitly stipulated otherwise. If an order is not accepted, Sroka Shop shall inform you of this within ten (10) working days of receipt of the order.
3. Prices and payments
3.1 The prices quoted for the products and services offered for sale will be quoted in Euros, inclusive of VAT and exclusive of handling charges, postage and any taxes or other levies, unless stated otherwise or otherwise agreed in writing.
3.2 Payment can be made in any of the manners specified during the ordering process. If payment is made by credit card the order will dealt with immediately after payment.
4.1 The Delivery will be effected by a carrier appointed by Sroka Shop. Sroka Shop will endeavor to supply the goods within 3-4 working days of the order, unless specified otherwise by Sroka Shop.
4.2 If the delivery address is outside France an international surcharge will be applied. The international surcharge will reflect the size and weight of the consignment. Final delivery costs will be confirmed on in our detailed order confirmation. All our goods will be sent from France and all prices will be calculated from this country.
4.3 Transfer is effected at the time that you (or someone on your behalf) take receipt of the product.
4.4 All claims for damaged goods, missing items and or incorrect items must be made to us in writing within 24 hours of receiving the consignment. All claims for non delivery of an order must be made to us within 3 days of the quoted due delivery date.
5. Retention of title
5.1 Ownership of delivered products is transferred when you take receipt of the product.
6. Intellectual and industrial property rights
6.1 All intellectual and industrial property rights which are vested in the products supplied by Sroka Shop shall be accepted by you in full and unconditionally.
6.2 Sroka Shop does not guarantee that the products supplied to you will not infringe any intellectual and/or industrial property rights of third parties (including unwritten rights).
7. Complaints and liability
7.1 You have an obligation to inspect the supplied products immediately after delivery. You should report any defects found to Sroka Shop in writing within seven (7) days of discovery stating the reason for your complaint.
7.2 If it is established that the products do not conform to the contract, then, on return of the products concerned, Sroka Shop may choose to replace them with new products or to refund the purchase price plus the postage you paid to send back the products.
7.3 If you do not wish to purchase a product for any other reason, you have the right to return the product to Sroka Shop and cancel the contract within seven (7) working days of delivery. Returned goods will only be accepted in this case if the product packaging is undamaged. The payment received by Sroka Shop will be returned to you within (30) days of the cancellation at the latest. The direct cost of returning the goods will be for your account.
8.1 Sroka Shop is not liable for misunderstandings, data corruptions, delays or the failure of orders and messages to come through properly as a result of use of the Internet or any other means of communication in the communications between you and Sroka Shop, or between Sroka Shop and third parties in so far as they concern the relationship between you and Sroka Shop, unless and in so far as an intentional act or gross negligence on the part of Sroka Shop may be involved.
9. Force majeure
9.1 Without prejudicing any other rights belonging to Sroka Shop, in the event of force majeure Sroka Shop has the right at its own discretion to postpone the fulfillment of your order, or to cancel the contract without judicial intervention, by informing you of this in writing, without Sroka Shop being held liable for any compensation, unless, in the given circumstances, this would be unacceptable by standards of reasonableness and fairness.
9.2 Force majeure is understood to mean any shortcoming which cannot be ascribed to Sroka Shop, because it is not Sroka Shop’s fault and because Sroka Shop is not accountable for it by law, legal act or according to generally accepted standards.
10.1 If you advise Sroka Shop in writing of an address, Sroka Shop is entitled to send all orders to that address, unless you advise Sroka Shop in writing of another address to which the orders should be sent.
10.2 If Sroka Shop permits variations from these Conditions, whether or not these are tacit variations, and whether for a short or longer period of time, this does not affect its right nevertheless to demand immediate and strict compliance with these Conditions. You can never have any right enforced on the grounds of the fact that Sroka Shop has applied these Conditions flexibly in the past.
10.3 If one or more of the stipulations of these Conditions or of any other contract with Sroka Shop should be in conflict with any applicable legal regulation, the stipulation in question will cease to apply and it will be replaced by a new, similar, legally permissible stipulation to be determined by Sroka Shop.
10.4 Sroka Shop is entitled to make use of third parties to fulfill your order(s).
11. Applicable law and competent court
11.1 All rights, obligations, offers, orders and contracts to which these Conditions apply, and also these Conditions themselves, are exclusively governed by French law.
11.2 Disputes between parties will only be submitted to the competent court for these matters in France.
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