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General and legal terms

Preamble

 

aobo-shop.com is an online sales channel of the limited liability company Zapata World Trade.

The content of the website aobo-shop.com is the ownership of Zapata World Trade as well as all relating rights. You may not reproduce, modify, copy or distribute or use for external commercial purposes any of the materials or content on the website without the previous and express authorization of Zapata world trade.

 

Article 1 - Object

 

The terms of business presented herein apply to the following signatories:

On the one hand, the company Zapata world trade, located in La Plaine St Denis (93210), 124 avenue du Président Wilson, France, and registered at « Registre du Commerce et des Sociétés de Bobigny » under the number SIRET 484 435 441, CODE APE 514 S, VAT intracommunautary FR52484435441, hereinafter referred to as «aobo-shop.com» or « saler ».

And on the other hand, the juristic or individual person who wishes to make a purchase on the online shop aobo-shop.com, hereinafter referred to as « customer » or « purchaser ».

 

The following terms of business shall apply to all current and future contractual relationship between aobo-shop.com and the customer, as well as any other applicable conditions that are to be observed by the purchaser, whether a professional or private consumer, when buying on aobo-shop.com. Prior to the acquisition of a product presented on the website the customer must accept these terms of business unconditionally. Exception to these terms of business, and in particular terms of business laid down by the client, shall only apply if they have been expressly agreed and confirmed in writting by aobo-shop.com.

 

aobo-shop.com reserves the right to modify its terms of business at any time without prior notice. In this case, the applicable terms of business are those on force on the day the order was placed.

 

Article 2 - Description of merchandise and provision of services

 

The products offered are those published in the website aobo-shop.com. All the necesary efforts were done to ensure the accuracy of the informations presented on aobo-shop.com. The saler as well as its providers cannot be held responsible for consequences, damages, incidents resulting from electronic transmissions or the inaccuracy of informations, even though they had known such damages could occur.

 

The photographs of the products are as faithful as possible, however aobo-shop.com does not warrant that colours, product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

All photographs, descriptions and price lists of the products are given only as guideline and are not binding for the saler.

 

The supply of goods from aobo-shop.com is subject to availability and it is not always possible for us to inform you at the time you place your order whether the goods you want are still available for purchase. In the case of this happening the customer will be contacted by e-mail.

 

Article 3 -Precautions for use of some products and accessories

 

Some of the products or their accessories contain small parts that can be ingested and bring on attacks of  breathlessness, that is why they are not aimed at children under 36 months. It is also advised not to leave those products or accessories within the reach of children without surveillance.

 

Moreover,  we remind you that the ingestion of magnet or any metal object can cause severe digestive lesions. If you notice that your child has swallowed a magnet, we strongly recommand you to consult a doctor immediatly.

 

In all cases, a note will be mentioned on the description of the product or accessory that requires a special attention.

 

Article 4 - Order

 

An order placed on aobo-shop.com is registered and validated when the purchaser clicks on the means of payment of his choice on the page « Pay my order ».

 

Any placement of an order implies the purchaser's unreserved acceptance of these terms of business, recognition of complete comprehension and a disclaimer with regard to his own conditions of purchase and correspondance, unless expressly agreed by aobo-shop.com.

 

The collected datas in their entirety and the stored confirmation consist of a proof of the business transaction. The confirmation is worth a signature and implies the agreement to the business transaction made.

 

aobo-shop.com informs the customer about the reception of the order by e-mail.

 

aobo-shop.com is not responsible for the consequences resulting from events that are against its will, in particular with regard to force majeure involving an unforseable delay or any disruption of the ordering process.

 

aobo-shop.com reserves the right to refuse or cancel an order for any reason, notably in the case of missing information for the delivery, insolvency of the purchaser, or any existing litigation relating to a previous order.

 

The mentions given by the purchaser when entering the informations necessary to order on aobo-shop.com imply the sole commitment of the latter. aobo-shop.com is not responsible for the inaccuracy of the information given by the client (address for delivery, etc) and the possible delivery delays that those errors can lead to.

 

Article 5 - Pricing

 

All the prices of the products are displayed in Euros VAT included.

 

In the case of products delivered to UE non-member countries and overseas, note that the payment of the applicable VAT and custom duty are taken in charge by the client to domestic Tax Authorities and Customs according to regulations in force in the country of destination.

 

In all cases prices do not include forwarding charges.

 

All prices on aobo-shop.com can be displayed in multiple currencies for reference only. The payment will be done exclusively in Euros.

 

aobo-shop.com reserves the right to change its prices at any time. However, the price to pay remains the same as the one indicated on the day of the order. Any change of the VAT can affect the price of the product and provision of services.

 

Article 6 - Terms of payment

 

The payment of the product ordered from the website aobo-shop.com can be done according to the customer's preference by:

 

- Credit card, CB, Visa and MasterCard

Payments by credit card are processed via the security system so that all the information for your order and your payment are encrypted and no third party has access to it.

 

- Bank transfer

The bank transfer fees are to be paid by the purchaser.

 

- Paypal

 

Article 7 - Shipping and delivery

  

a) Preparation and dispatching

  

When the items are available, orders are processed and handed in to the shipping company within 48 hours, starting from the reception and validation of the payment by aobo-shop.com. Availability at the time the payment and the order are validated can differ from product availibity displayed on the website the moment the order was placed. It is especially the case for defered means of payment such as bank transfer.

 

In case a product is no longer available :

 

-         definitively sold out : aobo-shop.com commits itself to offer a product with similar characteristics or to refund the missing item within 30 days in accordance with the French consumer code (article L121-20-3).

-         temporary sold out : aobo-shop.com will inform the purchaser about restocking deadline. The client can choose to maintain the order or to cancel it. In that case aobo-shop.com will offer to refund the missing item within 30 days in accordance with the French consumer code (article L121-20-3).

 

In case of predictable extension of the forwarding time period, aobo-shop.com commits itself to inform the purchaser as soon as possible and by all means so that the latter can choose to maintain or cancel partially or entirely the order place. The extension of the delivery deadline can in no way result in compensation for claimed damage.

 

The customer must provide all the necessary information required at the time of ordering so that the order can be carried out without difficulty. This includes to provide a telephone number under which he can be reached by the forwarding agent during the day. As an identity check can be required for delivery, the purchaser should be able to identify himself .

 

b) Delivery costs and mode of shipment

 

Shipping charges depend on the place of delivery. The total amount paid as packing and forwarding charges is displayed in the purchaser's cart during the ordering process, depending on the volume and/or the weight and/or the total amount of the products ordered as well as the country of delivery. A summary is displayed before the purchaser confirms the order.

 

 

Shipment options are the following:

 

To Metropolitan France

 

- « Colissimo suivi »: delivered within 48 hours after the packaged is handed in to the shipping company (time period given for reference only).

 

- Chronopost or UPS : special express delivery options may be available. Feel free to contact us at contact@aobo-shop.com before placing your order for an estimate.

 

To EU, Switzerland and Norway:

 

- International parcel with tracking: delivered within 4 to 6 business days after the package is handed in to the shipping company (time period given for reference only).

 

- Chronopost or UPS : special express delivery options may be available. Feel free to contact us at contact@aobo-shop.com before placing your order for an estimate.

 

 

Shipment to non-EU member countries and DOM TOM:

 

Shipment to countries outside the EU and to Overseas Department are carried out by the French Post Office (Colissimo International, Colissimo for Overseas Departement, or express delivery option upon request). The purchaser commits itself to pay any import tax, custom duty, VAT or others in accordance to the law in force in the country of delivery. In that case, we provide an invoice that does not include taxes. aobo-shop.com is not liable for non-payment of those taxes. All items are meant for private use only, customers are prohibited from selling on the products ordered.

 

For availability concerns, an order can be dispatched in several shipments.

 

If you encounter any problem with the delivery of your parcel, you can contact aobo-shop.com by using the contact form on the website or by calling the customer service. 

 

c) Terms of shipment

 

Whatever the delivery place, the parcel will be handed over directly to the addressee or the person authorized by the addressee. If nobody appears on the moment of the delivery, a calling card will be left by the postman or delivery agent with the instructions for the customer to recover the parcel. In the case the addressee is absent, any additionnal costs are payable by the client.

 

d) Business risks

 

All items purchased from aobo-shop.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass on to the carrier upon our dispatching of the parcel. The delivery slip will be used as a proof. Forwarding time periods are given for reference only and are not binding for the saler.

 

e) Non-claimed orders

 

Orders that are not claimed , within  15 days after the shipment for Metropolitan France and within 21 days for other places of delivery, will be considered as delivered and accepted. After this deadline, complaints or refund claims for non delivery will no longer be admissible.

 

f) Undelivered parcel

 

In case a parcel is not delivered by the service provider, an investigation will be carried out. During the time of the investigation, neither refund nor new shipment of the product will be done.

 

Following the receipt of the confirmation of the package loss from the service provider, depending on the type of goods, product availability and according to the will of the customer, we offer the reconsignement of the product originally ordered or a similar item. In case the customer does not wish the product he originally ordered or a similar product to be sent back to him again, a credit note will be credited to his customer account within the following 48 hours. This credit note is valid for one year from its date of issue. If the customer wishes a refund, the amount of the price of the product will be reimbursed within 15 days following the return date of the undelivered parcel.

 

If it is not possible to deliver a package because of the customer (lack of information concerning the consignee, customer not appearing on the date of the delivery, etc) the customer will not be refunded the cost of postage and packaging. Additional expenses, if any, due to the return of the parcel will be charged to the purchaser.

           

g) Transport damage

 

At the time of delivery, parcels should be thoroughly inspected the moment they arrive. Visible damages (e.g., dented, torn, crushed, etc.) should be brought to the delivery agent's attention and noted on the bill of lading. The Customer shall ask for the signature of the delivery agent as well and keep a copy of the document.

 

In case the product is damaged the customer must refuse to accept the parcel and write his damage claim on the delivery receipt. The expression « received pending inspection » contains no description and has no legal value. It is imperative to describe the exact condition of the packaging or the product and the damages in details (e.g. sound of broken material, parcel opened, packaging damaged, ripped open, perforated product scratched on the lower right corner, perforated on the left side, parcel refused as opened and damaged during delivery).

 

The customer must confirm his claim with the forwarding agent via certified mail at the latest within 48 hours after delivery of the products and send a copy of the letter within 8 days with the information given in the delivery receipt to: Zapata World Trade, 124 avenue du Président Wilson, 93210 La Plaine St Denis, France.

 

Please, note that it is considered the inspection of the condition of the product has been done once the delivery receipt/bill of lading is signed. Therefore, in case of neglecting the hereinabove stipulation, no damage claim will be accepted (Article of law 130-3 of the French Code of Commerce).

 

With his signature on the delivery receipt without any claim and the acceptance of the product, the customer recognizes the irreproachable receipt of the goods, after what no complaint with regard to the condition of the product will be accepted.

 

In case the customer does not wish the product he originally ordered or its substitute to be returned to him once again, a credit note will be credited to his customer account within the next 48 hours following its return to aobo-shop.com. This credit note is valid for one year starting from its date of issue. If the customer wishes a refund, the amount of the price of the product will be reimbursed within 15 days following the date of reception of the parcel by aobo-shop.com.

 

Article 9 - Cancellation and right of return

 

According to Article L121-16 of the French Consumer Code Law, the private individual consumer is given a cancellation deadline of fourteen days to return his goods to the seller going into effect from the moment the order was delivered so that a replacement or refund can be executed without penalty.

 

All articles which lie within the legal deadline are subject to replacement or refund. The date of posting is decisive for the recognition of the deadline. Reconsignment costs are charged to the customer.

 

The reconsignment of products must be executed using the original packaging and in perfect condition including any accessories and required document and slips. Articles that are returned incomplete, spoiled, damaged, or soiled will not be accepted and will be returned at the expense of the customer.

 

The Customer is in charge of return shipping costs. In the event of unfair or abusive returns, aobo-shop.com reserves the right to refuse any future order.

 

The refunding of the sale price of the goods takes place within 15 days from the reception of the returned goods by aobo-shop .com. The refund is credited to the customer's bank account (or via Paypal). Delivery per COD (cash on delivery) is not permitted.

 

Article 10 - Warranty

 

Non-compliant products, products with latent defect or defective products can be replaced. Before returning the product, the purchaser shall send a written damage claim to aobo-shop.com within 15 days starting from the date of delivery and wait for the saler's instructions concerning the return. Complaints done after the deadline will not be accepted.

 

Article 11 - Liability

 

During the purchasing procedure on the internet, the seller is not liable for any resulting damage caused by the use of the internet such as loss of data, intrusion, virus, power failure or other unintentional problems.

 

aobo-shop.com is not to be held responsible for the non-fulfilment of an agreed contract. This also applies to force majeure after the fact, especially in case of a total or partial strike of the postal or forwarding services and natural catastrophes caused by floods and fire. In respect to a product purchased by a professional customer, aobo-shop.com cannot be held liable in case of unexpected consequential damage due to an ongoing business interruption, loss of profits, damage or consequential costs.

 

 

Except where prohibited by law, in no event will aobo-shop.com be liable to the customer for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if aobo-shop.com has been advised of the possibility of such damages. aobo-shop.com will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss even if the loss was reasonably foreseeable to both the seller and the purchaser when the purchaser commenced using the website or when the contract for the sale of goods was formed.

 

The choice and purchase of a product or service are the sole responsibility of the customer. There will be no compensation for total or partial product incompatibility. aobo-shop.com cannot be made liable, except in the case of  defectiveness.

 

Article 12 - Intellectual property

 

All contents published on the website aobo-shop.com are the full ownership of the limited liability company Zapata world trade.

 

Except as expressly provided in these terms of business, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without aobo-shop.com's express prior written consent. Any reproduction or representation, whether partial or in full, constitutes an infringement and could result in a legal action.

 

Article 13 - Respect for the privacy of personal data

 

Your personal information and data are necessary to fill and follow your order.

This information and data are securely conserved in order to respect the legal and regulatory obligations and to be able to improve and personalize the services that we propose to you and the information that we send to you. Under the French law of the 6th January 1978 relating to computing and personal freedom, you are entitled to access, to rectify or to delete any information referring to you.

 

The sole right to make use of the relayed information of the customer is reserved by aobo-shop.com. aobo-shop.com commits itself not to pass on any personal data to a third party.

 

Article 14 - Proof of archival storage

 

aobo-shop.com stores the order forms and invoice receipts by means of a secure and permanent system that contains an accurate copy of the original according to Article 1348 of the French Civil Code. The information registered by aobo-shop.com is a proof of the communication, ordering, payment and business transactions between the customer and the saler.

 

Article 15 - Partial non-validity

 

In the case one or more stipulations of the terms of business here present are regarded as invalid or declared as such by the enforcement of a law, a regulation, or following the application of a court's decision, all the remaining stipulations will keep their impact.

 

Article 16 - Dispute resolution

 

The terms of business presented herein comply with the French administration of justice.

 

In the case of a litigation or claim, prior to any appeal, the customer should first contact the saler to come to an amicable agreement.

 

You agree that in the event of a litigation, only French law shall be applicable. The court of  the place of residence of the defendant, or according to the choice of the plaintif the place of delivery of the product,  holds the authority to decide, regardless of the number of plaintiffs and defendants, the introduction of third parties or the appeal of warranty.

This website is complies with the French law and in no case does aobo-shop.com guarantee that it complies with the domestic applicable law in the case you access the website from another country.

 

 


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