GENERAL TERMS AND CONDITIONS
Preamble:
The present General Terms and Conditions define the rights and obligations of the parties involved in the selling of products by the Seller, namely the company P.P.S as the operator of the Partycycle shop, and the Buyer. The Buyer accepts all of the provisions defined in the present General Terms and Conditions without any limitation or exception. No general or specific condition figuring in documents that are sent or transferred by the Buyer can be included into the present General Terms and Conditions if those documents are incompatible with the present General Terms and Conditions.
This means that any person or company ordering a product offered by P.P.S thereby accepts the present General Terms and Conditions fully and witout restrictions and that the Buyer declares having read and understood the present General Terms and Conditions before placing his/her order.
The company P.P.S. reservers its right to modify the present General Terms and Conditions at any time.

Article 1: Identity of the company.

P.P.S   Head office 10 rue des landes 27150 Hébécourt   
TEL 09 79 19 36 50
French Siret: 494 084 726 00012 RCS Evreux.

Article 2: Prices.
The product prices are indicated in Euros and are those valid at the time of the placement of the order by the Buyer. The product prices don't include shipping and handling. Shipping and handling will be charged in addition to the price of the products ordered. The amount of shipping and handling costs charged lies in the sole decision of P.P.S.
The prices include the sales taxes (VAT) as of the order date. All changes of sales taxes VAT will automatically be integrated in the prices of the products sold by P.P.S.
The product prices can be modified by P.P.S at any time. The Buyer will be informed about such modifications before placing his/her order.

Article 3: Product characteristics.
According to article L 11-1 of the French Code de la Consommation, the Buyer can inform himself/herself about the essential caracteristics of the product(s) that he/she wishes to order. The fotographs, charts and descriptions of the offered products are not binding and without any obligation for the Seller. If a product is modified by a vendor, the Seller is neither responsible for the graphical representation nor for the essential characteristics of this product.

Article 4: Product choice.
After having informed himself/herself about the products distributed by P.P.S and about their characteristics, it is in the sole responsability of the Buyer to choose the ordered product(s). Also, as only the Buyer knows the materials, configurations etc. he/she uses, only he/she can judge if the products he/she ordered are comptible with the ones used by him/her. If the Buyer feels he/she is not competent for this choice, it is in his/her responsability to get a consultancy.

Article 5: Product order.
Each product order implies that the Buyer accepts the present General Terms and Conditions without any restriction and exception. The "double click" that creates the order is an electronic signature that has the same implications for the parties as a handwritten signature. When the Byer saves his/her order he/she is considered to have read, understood and accepted the present General Terms and Conditions without restriction as well as the prices, volumes and quantities of the products offered fo sale and ordered by him/her.

Article 6: Payment.
The payed amounts can under no circumstances be considered to be prepayments or advance payements, except after individual decision of P.P.S. In order to pay for his/her order, the Buyer can use the payment methods mentioned in the advert. The Buyer garantuees to P.P.S that he/she has all the rights needed to use the payement method that he/she chose at the time and after the validation of the order. P.P.S is reserving its right to suspend the treatment of orders and deliveries if the payment by credit card has been refused by the officially authorized organisations or in case of any default of payment. An order can only be treated if it has been fully payed. P.P.S reserves its right to cancel or suspend orders in case of an ongoing lawsuit with the Buyer. In the context of fight against fraud on the Internet, your order data can be transferred to third parties for verification. According to the French law 80.335 of 12th May 1980 the merchandise stays in our property until the price has been fully payed, whereas the risk is transferred at the time of shipping. Any costs of delayed payement are on account of the Buyer.

Article 7: Proof of transaction.
The digital registers that are archived within the IT-systems of the company P.P.S under reasonable security conditions are considered as a proof of communication, orders and payements between the parties. The orders and invoices are archived on a trustworthy and sustainable media and can be provided as proof.

Article 8: Product availability.
The offers of P.P.S are valid as long as the ordered products are physically in stock and not only in the IT-system. If an ordered product is not available immediately, P.P.S reserves its right to contact the Buyer in order to find the best solution for the two parties.

Article 9: Delivery methods.
The products are delivered to the adress indicated by the Byer on the order. P.P.S choses the shipment and handling method according to the different offers of the French post.
The Byer has to check the packing of the merchandise when being delivered, and he/she has to report any damages to the shipper on the delivery sheet as well as to P.P.S within a week at the latest. The Buyer also has to confirm the damages by adressing a registered letter with advice of receipt containing those reclamations to the shipper within two (2) workdays after the delivery date. The consumer has to send a copy of this letter to P.P.S by simple letter.

Article 10: Delivery time.
The average delivery time from stock of P.P.S is between 24 hours and 48 hours. These times are non-binding. The Buyer cannot cancel the order because of a longer delivery time or claim compensation or withold his payment. If, however, the ordered product cannot be found within 30 days of searching, P.P.S will re-send the products ordered by the Buyer, if they are still available, or grant the Buyer a refund.

Article 11: Delivery mistake by P.P.S.
If a delivered good is not in accordance to the order (defective or not in accordance), the Buyer has to formulate his/her reclamation within 7 days from the reception date. The reclamation has to contain the order number and the reason of the reclamation and has to be sent to P.P.S preferrably by e-mail to info@partycycle.com or by simple letter. Any return of products has to be authorized beforehand by P.P.S. If the Buyer does not respect the above mentioned rules or if he/she does not return the product(s) within the stipulated delay, his/her reclamation cannot be accepted and P.P.S is free of any guarantee. Products for exchange or refund have to be returned to P.P.S in their original packing and have to include the whole product as well as all accessories.
The return costs are on account of P.P.S, except if the returned or exchanged product does not correspond to the original declaration given by the Buyer on the return sheet. These return costs are limited to the price of a French Colissimo parcel. The return costs will be payed as coupon valid in the Partycycle shop of P.P.S within 3 months from issuing.
All risks of returning the product are on account of the Buyer.

Article 12: Delivery mistake by the Buyer.
If the Buyer chose a product by mistake, he/she has to formulate a message within 7 days from the reception of the delivery. This message can be transferred preferrably by e-mail to info@partycycle.com or by letter and has to include the product number and the mistake. Any return of products has to be authorized beforehand by P.P.S. If the Buyer does not respect the above mentioned rules or if he/she does not send the message within the stipulated delay, his/her message cannot be accepted and P.P.S is free of any guarantee. Products for exchange or refund have to be returned to P.P.S in their original packing and have to include the whole product as well ass all accessories. If the delivery mistake is due to the Buyer, this cannot not imply any financial disadvantage for P.P.S, and P.P.S reserves itself the right to charge the client the costs of his/her mistake.
The costs of conditioning, shipping and handling and returning are on account of the Buyer.
All risks of returning the product are on account of the Buyer.

Article 13: Retraction right.
According to article L 121-16 of the French Code de la Consommation, the Buyer has the right to retract and return at his expense the product he/she ordered within seven days from the reception date.
The products must imperatively be returned to P.P.S in a perfect condition for reselling, in their original condition (packaging, accessories, notice etc.), sealed in due form and accompanied by the invoice for this order.
Also, if the product was accompanied by a guarantee sheet or any other document to be completed, this document has to be non-completed if the Buyer wishes to retract.
Any incomplete, used or damaged product and any product with damaged original package can neither be refunded nor exchanged.
If the Buyer uses his right of retraction, he/she can choose between: a cash refund payable within 30 days or a voucher.

Article 14: Product guarantee.
The products are guaranteed for one year by the producer. The garantuee contract is concluded between the client and the producer by the act of buying as proved by the invoice. The consumer is explicitly informed according to the French law n°98-389 of 19th May 1998 about the guarantee of defective products that P.P.S is not the producer of the products offered in its shop Partycycle. As a consequence, in case of damages of persons or goods as a result of a defective product, only the producer of this product according to the information on the packaging of the product can be held responsible by the consumer.
All new products sold by the shop Partycycle are legally guaranteed for one (1) year by the producer. The customer also benefits from the guarantee for hidden damage (Art. 1641 et seq. of the Code Civil).
Every product returned according to the above mentioned guarantee has to be authorized beforehand by P.P.S. In order to get this authorization, the Buyer can contact P.P.S via e-mail to info@partycycle or by letter.
No product return will be accepted without P.P.S having authorized it beforehand. The shipping and handling costs for the shipping and handling of the merchandise are always on account of the client. The costs of returning the merchandise after a service intervention between P.P.S and the client are charged at their real costs and not at a flatrate.
The guarantee does not cover damages caused by poor installation or usage, modifications or repairing done by a third party or by the recipient of the sold products, damages caused externally and wear of continuously used parts.
The guarantees never cover the exchange of expendable goods, usage that is abnormal and not in conformity with the products, the damages mentioned in the data sheets of the article and defaults caused by an intervention of the Buyer or any other technical staff that has not been authorized by P.P.S. as well as its consequences.

15. Liability.
The products offered by P.P.S are in conformity to the valid French legislation.
P.P.S cannot be held responsible for not executing the contract in case the product is not in stock or not available, force majeure, revolution or total or partial strike namely of the post services or transport and communication services.
P.P.S cannot be held responsible for any indirect damages that could arise as a consquence of buying the products.
If the products are completely or partially unusable because of incompatible materials, P.P.S cannot be held responsible and no compensation will be paid.
The shop Partycycle also contains information from third parties and links to other Websites. P.P.S cannot in any case be held responsible for damages caused by the usage of this information, for the impossibility of usage of this information of third parties and for the content of those other Websites.

16. Partial non-validity.
If one or more stipulations of the present General Terms and Conditions are held invalid or are declared invalid as an application of a law, a prescription oder a final competent court decision, all other stipulations stay fully valid.

17. Non-renouncement.
If one of the parties does not claim its rights arising from any obligation stipulated in the present General Terms and Conditions from the other party, this cannot be interpreted in the future als a renouncement to that obligation.

18. Applicable law.
The applicable law for the products sold by the company P.P.S is the French law.

19. Jurisdiction.
In case of legal action, only the courts of Evreux and Rouen are competent. The costs of the legal action are automatically on account of the client.

20. Protection of data privacy.
The data collected by P.P.S with every order placed by the Buyer are needed for the treatment of the order by P.P.S and its commercial partners. According to the Franche Law Informatique et Libertés n°78-17 of 6th January 1978, the Buyer has the right to access, rectify, contradict and delete his/her data held by P.P.S.

Article 21:
The French version of the present General Terms and Conditions has priority over the English version.