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These terms and conditions govern the contractual relationship between:
These Terms and Conditions apply to all orders placed by the Purchaser on the website www.emtec-moviecube.com. These terms and conditions constitute the entire obligations between the parties. Any order placed on the website by a Purchaser implies its acceptance, irrevocable and without restriction, of these Terms and Conditions.
These Terms and Conditions become applicable as soon as they are published online. The Seller reserves the right to change the Terms and Conditions at any time. The applicable Terms and Conditions are those in effect on the site at the time of the Purchaser placing the order
By placing an order, the Purchaser declares his or her legal capacity to enter into this contract, not to purchase products in order to sell them on, not to act as a professional or representative of a corporation, and placing an order for normal and reasonable use of the products.
The products offered for sale are those listed on the site www.emtec-moviecube.com on the day of the consultation of the site by the user. The products are offered for sale within the limits of available stocks. The inventory management system does not allow for continuous and immediate updates, it is therefore possible that products appearing as in stock are in fact no longer available, in this case, the Purchaser may then cancel the order as per Article 7.
The products are described and presented with the greatest accuracy possible. However, if errors or omissions were to occur in this presentation, the Seller could not be held liable. The photographs and texts illustrating the products only have indicative value and no contractual value. The characteristics of the products sold on the Website may be changed by the Seller at any time.
Products are ordered online, through the website www.emtec-moviecube.com. Any order implies the full, complete and unrestricted acceptance of these Terms and Conditions. The Purchaser declares having read and accepted these Terms and Conditions irrevocably before placing an order. Validating the order implies express acceptance of the Terms and Conditions. The Purchaser shall choose the delivery address and delivery method, and lastly validate the payment method. Any order implies acceptance of the prices and descriptions of the products. The Seller undertakes to inform the Purchaser of the availability of the product as soon as the order is validated on the Website, within the provisions if Article 7. Should the ordered product be unavailable, the Purchaser shall be informed by email or by phone of the new lead- time and of the possibility to exchange the product or obtain a refund. For any question relative to the tracking of your order, the Purchaser can call the Seller on +33 (0)1 41 32 22 20 (cost of a local call, when calling from a country other than France additional charges may apply).
Orders shall only be taken into account after final acceptance of the payment. Seller reserves the right to refuse an order placed by a Purchaser with which there is an ongoing dispute relating to a previous order, an unauthorised payment or any other dispute related to the payment. The Seller reserves the right to refuse all or part of an order that might be deemed abnormal with regards, inter alia, to the quantity of products usually ordered by the Purchaser.
Adding products to the basket
The Purchaser chooses the products he or she wishes to purchase by clicking on the button "add to cartt" appearing next to each product displayed on the Website. The Purchaser may access his or her basket via the "cart" button at the top right of the product page. The "cart" page summarises all the products selected by the Purchaser, their prices and quantities. On this page, the Purchaser can change the quantity or remove products from the basket. The "cart" page reloads itself automatically to take account of the changes made by the Purchaser. The Purchaser can then confirm the order by clicking on the button "next step".
Creation of a personal account
Once the order is validated, the Purchaser is redirected to an identification page where the Purchaser can: - Either create a personal account by connecting via Facebook, - Or create a personal account by filling in the online form.
The information form invites the Purchaser to indicate his or her title, name, address, phone number, email address and password. This information is mandatory to create a personal account. The Purchaser agrees to provide accurate information and notify the Seller of any changes.
To validate the creation of his or her personal account, the Purchaser must choose a password. The email address and password chosen by the Purchaser allow him or her to access his or her personal account.
The Purchaser can modify information about him or her by connecting to his or her personal account using the username and password. The Purchaser shall not disclose or assign their username or password to a third party. The purchaser is responsible for the use, safe-keeping and non-disclosure of his or her username and password. If the user notices unauthorized use of his or her personal account, he or she undertakes to immediately notify the Seller at the following address email@example.com. The Seller shall not be held liable for fraudulent use of a Purchaser’s personal account.
Payment of the order
Once the personal account created and validated, the Purchaser is redirected to a page summarising his or her billing and delivery address(es). The Purchaser is then invited to choose the delivery mode according to the country of shipping. After validation, the Purchaser is redirected to a page summarising the order. This page indicates the billing address, the delivery address, the content of the basket and delivery charges. The Purchaser is invited to tick the box “I have read the return policy and the Terms and Conditions and accept them without reservations”. At this stage the Purchaser can still modify his or her basket by clicking on the button “Cart”. The Purchaser is then invited to pay for the order via the button “Pay by card”. The Purchaser is invited to read and tick the box “I have read the return policy and the Terms and Conditions and accept them without reservations”. The Purchaser is then redirected to the secured payment page or to the PayPal page. The Purchaser is invited to enter the type of bank card, the card number, the CVV number (last 3 digits of the number at the back of the card), the expiry date, and to confirm the payment. The Purchaser confirms to the Seller that he or she is the card holder. The provision of this information constitutes acceptance for the debit of the bank account up to the amount of the products ordered under the provisions of the Act of March 13 2000. Before the final validation of the order, the Purchaser may decide to cancel the order and return to the Website. After confirmation of the payment by the Purchaser, the data is transmitted to a secured payments organization that validates the data or not. If the payment is accepted, the bank addresses an email to the Purchaser with the payment receipt. The Seller also addresses an email to the Purchaser confirming the order and summarising the details of the basket (ordered products and prices), the cost of delivery, web order number, delivery address and billing address. All data related to the order is retained by the Seller with the exception of bank information.
The Seller may change the prices at any time. However, the products shall be charged at the price listed on the Website at the time of confirmation of the order, subject to availability on that date and subject to the price displayed on the Website not being ridiculously low and obviously wrong.
Prices are indicated in euros and inclusive of taxes (French VAT and other taxes), excluding shipping costs which are charged separately and indicated before the validation of the order. Prices are inclusive of French VAT at the rate applicable at the date of the order and any change in the VAT rate shall be reflected in the price of products. The full price must be paid in full when ordering. At no time, payments can be considered as deposits. The Seller retains ownership of the products until full payment of the order by the Purchaser.
If the purchased product is shipped outside the European Union, the Purchaser may be subject to duties and taxes on imports. Customs duties, or other local taxes, or import duties, or state taxes may be payable. These duties and amounts are to be borne by the Purchaser who is responsible both in terms of declaration and payment to the authorities and relevant bodies in the Purchaser’s country. We advise you to seek information about these issues from local authorities.
The product can be purchased with: - Bank card: Debit card, e-bank card, Visa, Mastercard. The bank account of the Purchaser shall be debited after validation of the order via the payment platform SOGENACTIF (SIPS/Atos).
In order to ensure the safety of payments, DEXXON uses the secured payment service SOGENACTIF (SIPS/Atos). Bank data is encrypted (SSL security standard).
- PayPal : Selecting PayPal, the Purchaser is automatically redirected to the PayPal page.
The Seller reserves the right to suspend any order and delivery in case of unauthorised payment or if a payment dispute is ongoing.
Except in cases of force majeure, delivery lead times are set for guidance only and provided the products are available. Shipping lead times run from the date of recording of the order indicated on the order confirmation email. In case of unavailability of the ordered product, the Purchaser will be informed immediately and will be able to cancel the order. The Purchaser will have the option to ask for the reimbursement of the sums paid within 14 calendar days of the payment.
Delivery is only made after confirmation of payment by the bank of the Seller. All our deliveries are handled by our service provider Chronopost. DEXXON cannot be held liable for any late delivery regardless of the reason. The products are delivered to the address specified by the Purchaser when placing the order on the Website, the Purchaser shall ensure this address is accurate. Any package returned to the Seller due to an incorrect or incomplete delivery address may be reposted at the expense of the Purchaser.
For deliveries in France and Belgium: The Purchaser has the choice between a delivery to a pick-up & go (point relais) and a home delivery via Chronopost (classic or express depending on the choice of the Purchaser). When the order is placed, the Seller indicates the date at which the purchased product shall be available at the parcel pick-up & go or delivered at home. The delivery lead-times, provided the products ordered are in stock and without force majeure, are the following: - France: Next day delivery before 1pm for any order placed and confirmed before 1pm. Someone will have to be at home to sign for the delivery. - Pick-up & go (France & Belgium only): Next day delivery before 1pm for any order placed and confirmed before 1pm in one of the 7000 pick-up & go outlets of your choice.
For deliveries in Spain, Italy, Germany or Switzerland: The Purchaser has the choice between a classic or express home delivery via Chronopost. When the order is placed, the Seller indicates the date at which the purchased product shall be delivered at home. Except in cases of force majeure, and when products are in stock, indicative delivery lead times shall be as follow: - Classic: Fast delivery to 27 European countries (from 2 to 6 business days). For example, delivery to Berlin, Brussels or London in 3 days for any order placed and confirmed before 1pm. - Express: Delivery between 1 to 3 business days for any order placed and confirmed before 1pm.
The Purchaser can track his or her parcel from the Chronopost website: (http://www.chronopost.com) by entering the 13 digits tracking number. This number is communicated to the Purchaser in the dispatch confirmation email and is also available in the personal account page on our Website.
The client is informed of the date of delivery, regardless if it is a home delivery or a delivery to a pick-up & go outlet by SMS or email sent by Chronopost. For home deliveries, the Purchaser must be at home on the day of the delivery to sign the delivery note. If the Purchaser is absent, the delivery person shall leave a note in the letter box. This note can then be used to pick up the parcel at the location and during the period stated on the note. It is the responsibility of the Purchaser to pick up the parcel within the stated period. Should the pick-up period expire, the parcel shall be returned to the Seller. The Seller shall then contact the Purchaser.
In case of delivery to a pick-up & go outlet, only the Purchaser can collect the parcel(s). Proof of ID will be required before releasing the parcel.
In case of delayed shipment, the Seller shall contact the Purchaser and he will propose possible changes to the delivery date. In case of delayed delivery, the Purchaser is invited to contact the Seller by phone on the non-premium rate number given in the order confirmation, or by email at the following address: firstname.lastname@example.org. As required by law, in the event of late delivery, the Purchaser can then contact the seller by phone on the non-premium rate number given in the order confirmation, or by mail at the following address: email@example.com to report the delay. The Seller will then indicate to the Purchaser the procedure to follow.
If at the time of delivery, the original packaging is damaged, torn or opened, the Purchaser must refuse the delivery of the parcel and indicate why on the delivery note (parcel refused because it is opened or damaged). The Purchaser must then contact the Seller by phone on the non-premium rate number given in the order confirmation, or by mail at the following address firstname.lastname@example.org to inform the seller of the situation. The Seller will then indicate to the Purchaser the procedure to follow for an exchange or a refund.
If the Purchaser decides to keep an opened or damaged parcel, no claim or reimbursement request may be made to the Seller.
The Purchaser benefits from the legal warrantee. The Seller agrees to refund or exchange defective products or products that do not match the order of the Purchaser. For inquiries please email us at email@example.com, or contact us via the Twitter account of our after-sales service (@MovieCube_Help) stating your order number, to know the details of the procedure.
The product shall be returned to the following address, DEXXON Groupe - 79 avenue Louis Roche - 92230 Gennevilliers - FRANCE, with all provided accessories, packaging and manual. The cost of return and any additional charges are the responsability of the Purchaser. A proof of purchase in the form of an invoice, as well as the delivery note must also be sent. The EMTEC serial number on the product should be intact and readable for the warranty to be applicable.
The status of each returned product (failure upon unpacking or other product failure) will be valid only after full diagnosis from our technical department.
After diagnosis, DEXXON shall replace or repair the defective product. The decision taken by DEXXON is final. Products without a confirmed failure status will be returned at the Purchaser's expense.
Not being able to use the service because of poor DTTV coverage, low ADSL bandwidth, or bad Wi-Fi reception is not considered to be a failure. DEXXON shall in no way be held liable for access conditions to services related to the internet, links to Services and any malfunction relative to the supply of links and Services. Speeds are given as a guide only with the mention "up to", they cannot under any circumstances give rise to a claim. These are theoretical maximum speeds. Depending on the method of calculating the GB and the type of formatting (low and high) there is always a gap between the value of gross memory displayed on the packaging and the formatted capacity. This difference in value shall not give rise to a claim.
The following are also warrantee exclusions:
The replaced or repaired product shall be shipped at EMTEC's expense, directly or indirectly, and the remaining warranty conditions shall continue from the original purchase date stated on the invoice. The Purchaser is expressly informed that the Seller is not the manufacturer of the products within the meaning of Act No. 98-389 of 19 May 1998 concerning liability for defective products.
Legal compliance warranty:
Article L211-4 of the French Consumer Code “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”
Article L211-5 of the French Consumer Code “To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the Purchaser in the form of a sample or model; - have the features that a Purchaser might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;” 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the Purchaser which was made known to the seller and which the latter agreed to.”
Article L211-12 of the French Consumer Code «L'action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien.»
Legal warranty against latent defects
Article 1641 of the French Civil Code “Action resulting from lack of conformity lapses two years after delivery of the product.”
Article 1648 of the French Civil Code “The action resulting from redhibitory vices must be brought by the Purchaser within a period of two years following the discovery of the vice"
In accordance with legal provisions, the Purchaser shall have 14 days from receipt of the order, to exercise his right of cancellation. After this period, the products will be deemed compliant and accepted by the user and DEXXON reserves the right to refuse an exchange or refund.
In case of cancellation, the Purchaser is invited to contact the Seller by email on firstname.lastname@example.org, or by phone on the non-premium rate number provided during the order confirmation, or via the Twitter account of our after-sales service (@MovieCube_Help) stating your order number, to know the details of the procedure.
The product shall be returned to the following address, DEXXON Groupe - 79 avenue Louis Roche - 92230 Gennevilliers - FRANCE, in its original packaging and with all parts, accessories and manuals, in perfect resale condition. Any product that has been damaged, or with damaged original packaging, shall not be refunded or exchanged. The product must be sent alongside the invoice, the delivery note and the cancellation form (template provided below) or any unambiguous statement expressing willingness to cancel. Only the price of the product purchased and shipping costs shall be reimbursed. The cost of return for cancellation and any additional charges (custom duties for example) are the responsibility of the Purchaser.
After receipt and verification of the returned product, it shall be refunded directly to the bank or PayPal account used for the payment as soon as possible and no later than within 30 days of the cancellation.
Cancellation form template: DEXXON Groupe - 79 avenue Louis Roche - 92230 Gennevilliers - FRANCE.I hereby inform you of my decision to cancel the purchase contract of the following item: Ordered on... and received on...Invoice number Purchaser’s name Purchaser’s Address Purchaser’s Signature Date
If one or more provisions of these Terms and Conditions are declared invalid by a final decision of a competent court, it shall not affect the validity and enforceability of these Terms and Conditions. The remaining provisions shall remain in full force and effect.
The fact for either party not to claim a breach by the other party of any of the obligations contained in these Terms and Conditions shall not be construed in the future as a waiver of the requirement in question.
These Terms and Conditions are governed by French law, excluding the provisions of the Vienna Convention. The language of the Terms and Conditions is French. In case of dispute concerning the validity, interpretation, execution of the Terms and Conditions the parties shall, before any court proceedings, try to find an amicable solution. Otherwise, the Court of Nanterre (92) is the only competent court.