GENERAL CONDITIONS OF SALE
Last update : Dec 2016, the 12
The TLGS company (below THE SELLER) is registered on the commercial register under the RCS of Chambéry number 510 908 833. Its mailing address is 96 avenue René Cassin - ZA de Bissy - 73290 LA MOTTE SERVOLEX (France) and its e-mail is firstname.lastname@example.org (below THE SELLER ADDRESS).
Any order in conformance with a product appearing within the online shop of the site TLgunShop.com (below THE SELLER WEBSITE) supposes the consultation and the preliminary acceptance of the present general conditions of sale : Note that the Seller is based in France, so that the General Conditions of Sale written in French prevail over the english version in last resort. The click of validation of the order implies a full acceptance of the present. This click is equivalent to a " digital signature ".
The present general conditions have for object to define the rights and duties of the parties within the framework of the on-line sale of the goods proposed by THE SELLER to the consumer.
Order confirmation :
The contractual information is beforehand the object of a personnalized and verified confirmation transmitted by e-mail at the address indicated by the consumer within the order form.
The order becomes effective only after payment by the consumer of a deposit or after payment of the full amount specified by e-mail during the order confirmation.
Transaction proof :
Computerized registers, kept in the computer systems of the THE SELLER company in reasonable conditions of safety, are considered as the proofs of the communications, the orders and payments intervened between the parties.
The filing of order forms and invoices is made on a reliable and long-lasting support which can be produced as proof.
Products information :
All the efforts were made to make sure of the exactness of the information presented on THE SELLER WEBSITE. THE SELLER or his suppliers are not nevertheless responsible for consequences, incidents, special damage resulting from electronic transmissions or from the exactness of the information passed on, even in case THE SELLER had knowledge of the possibility of such damage. Products and manufacturers names and trademarks are only used in a identification purpose. Photos are not contractual, manufacturers regularly developing their range of products.
Duration of validity of the offer and price, errors and omissions :
The prices are valid for day, each order (price, technical characteristics and description) being submitted to explicit confirmation, prior to payment.
The SELLER makes every effort to ensure that all prices and descriptions quoted on the website are correct and accurate. However, The SELLER reserves the right to suspend or cancell the order in case of manifest error in relation to price.
Classified Weapons, Components and Ammunitions :
For the purchase of classified weapons, components or ammunitions, you have to supply any necessary document for the purchase, following the French current law. The SELLER can refuse the purchase if documents are not in accordance.
Classified Weapons, Components and Ammunitions are sold in France only : Every thing else can be sold out of France, but the consumer will have to verify that the products are allowed in his country. THE SELLER declines any responsibility with regard to the legislation of foreign countries in this domain.
Ammo Class B are limited to 1000 units per weapon (during the last 12 rolling months) : Outnombered ammunition purchased by mistake will not be delivered nor reimbursed, but will be subject to a credit note.
Minimum Purchase :
To be valid, any command on the SELLER WEBSITE shall have a minimum purchase of 12.50 Eur ex. VAT, shipping fee excluded.
Any order less than this minimum purchase shall be deemed null and void and will be canceled.
The payment of purchases is made after validation and confirmation of the order :
- Either by cash Card (secured payment) :
. Payment by cash card are processed with a payment request by email and are secured by Paybox.
Note that we do not sell items subjected to regulations abroad,
- Or by bank Transfer or Postal order :
Expenses and taxes are chargeable to the broadcasting customer.
- Or by check payable to "TLGS" (for advances and second-hands only) :
In case of payment by check, this one must be emitted in Euro and directly endorsable in a bank located in Metropolitan France or in Monaco. The bank collection is realized upon receipt of the check.
- Or by Cash, at our office only.
THE SELLER preserves the property of the product until the complete payment of the price by the customer. Any sum paid during the signing of the order has the character of a non recoverable deposit in case of cancellation because of the buyer. The supplied goods will remain the property of the SELLER up to the complete payment, according to the article L. 624-16 of the Code du Commerce (Commercial Law).
Order reservation and payment :
. The reservation of an article which is not immediately available in stock will be subject to payment of a 70 % deposit when ordering (The exact amount of the deposit will be specified in writing when each order is confirmed).
. The reservation of an article which is immediately available may be subject to payment of a 70 % deposit, by mutual agreement, knowing that 90% of the total amount must be resolved within two months following the order in this case.
The balance of the order (30% or 10% depending on the case) will be payable during shipment preparation.
Please note that the booking of a product takes effect a the receipt of the payment (deposit or full payment) : if the buyer chooses to pay by check or transfer (for example to book a second-hand weapon available in stock or other products available in stock), the buyer takes the risk of missing the product purchased during the time that the seller receives the payment.
Any order older than one year of age, as the buyer was unable to obtain the regulatory approvals, is automatically canceled without cost or any compensation : in this case, the buyer will be refunded of the deposit.
Second-hand weapons :
For any deposit of a second-hand weapon in order to sell it on TLGUNSHOP.COM and associated networks, THE SELLER (TLGS Gunsmith) will apply at least the following rate in his profit :
- 15 % of the amount of the sold second-hand weapon if the depositor buys in counter party a new weapon at THE SELLER.
- 30 % of the amount of the sold second-hand weapon if the depositor does not buy in counter party a new weapon at THE SELLER.
Law Enforcement weapons :
Sometimes, a special Law Enforcement ("Force de l'Ordre") discount is applied on certain models of weapons specified on TLGUNSHOP.COM web site : This Special Discount is applicable only if the buyer - holder of a professional ID card - completes his order with additional articles of a minimal value of 200 Eur ttc (ammunitions, accessories, supplies...).
Modality of delivery :
Products are delivered to the address indicated by the consumer on the order form and only to the geographical zones which we serve.
The only valid delivery address is the one specified on the order form ("Delivery Address", or "Address" if identical). No other delivery address will be accepted, except if the SELLER has confirmed this alternative address expressly, prior to the delivery. Delivery in a "Pick up and go" location is not accepted.
Any products leave our premises or our partners premises in perfect condition. The customer has to indicate to the carrier (or to the mailman) the slightest small track of shock (Holes, tracks of destruction etc.) on the parcel, and if necessary to refuse the parcel. A new identical product will then be sent to him free of charge.
There will be no exchange if the damaged parcel has not been declared upon receipt.
As in any shipping, it is possible to undergo a delay or it may happen that the product gets lost. In such a case, we contract the carrier to start an investigation. All the efforts are made, as long as necessary, to find this parcel. If necessary the storekeeper will be paid off by the carrier and will deliver a new identical parcel, at his expense.
During the shipping, the customer receives the copy of the tracking number of his parcel, so that he can track his parcel in real time using internet : if the customer notices any anomaly, he has to inform as soon as possible the SELLER who will get in touch with the carrier to accelerate the resolution of this possible anomaly.
Final shipping costs are validated when finalizing the order (payment request).
Delivery problem due to the carrier :
Any abnormality concerning the delivery (average, missing product with regard to the delivery slip, damaged parcel,damaged product) must be necessarily indicated on the delivery slip in the form of " handwritten reservation ", accompanied with the customer signature.
The consumer will have to confirm at the same time this abnormality by sending to the carrier in (3) three working days according to delivery date a recommended mail with acknowledgement of receipt exposing the aforementioned complaints.
The consumer will have to send a copy of this mail at THE SELLER ADDRESS. Without this report, there will be no exchange.
Delivery errors :
The consumer will have to formulate with the SELLER, that very day of the delivery or at the latest the first working day following the delivery, any complaint of error, of delivery and / or nonconformity of products with regard to the indications appearing on the order form. Passed this deadline, any complaint will be rejected.
The formulation of this complaint with the SELLER can be made to THE SELLER ADDRESS.
Any complaint, not made in rules defined above and within the time limits allowed, cannot be taken into account and will free THE SELLER of any responsibility towards the consumer.
In case of delivery error due to an invalid or incomplete address specified on the delivery order, the customer will be charged.
No other delivery address will be accepted, except if the SELLER agrees expressivly, prior to the delivery.
In case of delivery error or exchange, every product to be exchanged or to be paid off must be returned to the SELLER in its original packing in impeccable condition at the SELLER ADDRESS.
To be accepted, any return must be reported and must have the preliminary agreement of the SELLER, which in case of agreement will forward the parcel at the good address.
The shipping costs are chargeable to the SELLER, except in case it would turn out that the product does not correspond to the original report made by the consumer in the right direction of return.
The present measures cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of the sold matter latent defects.
The consumer is expressly informed that the SELLER is not the manufacturer of products presented in the SELLER WEBSITE and that the SELLER gets free of any responsibility because of the defective products.
Consequently, in case of damage caused to a person or a property, by a product flaw, only the responsibility of the manufacturer of this one can be looked for by the consumer, on the basis of the information appearing on the packaging of the aforementioned product.
The duration guarantee is one year (1 year) long. All the products modified or repaired by the customer or by quite other entity than the providers chosen by the SELLER. are excluded from this guarantee
The guarantee can be prolonged according to the modalities planned in store and on the website in the Workshop section.
After-Sale Service, complaint and return of parcel :
Any claim must be made by writing in order to find a solution to the problem : if the costumer decides to return a product, he must asks a return number. Then, a return number is sent to the customer by email, who will display it prominently on the packaging parcel returned to the SELLER.
Every parcel returned to the SELLER and received without RMA number visible on the packaging will be refused, and the shipping costs for this package will be at the customer's expense.
Furthermore, any additional intervention requested by the client, requiring only "settings" of the weapon (France only) (or other ordered products such as reloading machines or other) will be charged (labor cost), postage return remaining at the customer's expense.
Legislation abroad :
Proposed goods are in accordance with the legislation in force in France. THE SELLER company responsibility could not be engaged in case of disregard of the country’s legislation, where goods are delivered. It is thus up to you to verify with the local authorities, the possibilities of import or use of articles which you intend to order. All the particular taxes in certain countries (customs duty, VAT, and the other taxes) is chargeable to the customer. No return and no payment of the customs duties will be accepted.
Right of withdrawal :
The right of withdrawal applies only to the physical persons.
According to articles L. 120-20 and L. 121-21, the consumer has a deadline of Fourteen ( 14 ) calendar days to return, at his expenses, products not suiting him. This deadline runs from the day of the reception of the consumer’s order. Any return can be beforehand reported to the SELLER’s customer service. The product has to be returned to the SELLER ADDRESS.
The sensitive products (such as DVD, CD, Software) and bound to the personal hygiene (ear defenders...) must not have been unsealed, so that the consumer can benefit from the right of withdrawal.
Important : Modified and custom Products can not benefit from the right of withdrawal.
Will only be taken back products dismissed in their set, in their complete and intact original packing, and in perfect state of resale. Every good being used, damaged, or which original packaging being damaged, will be neither paid off, nor taken back, nor exchanged.
This right of withdrawal is applied without penalty, with the exception of the expenses of return, at the expense of the consumer.
In the hypothesis of the exercise of the right of withdrawal, the consumer has the choice to ask either for the refund of the paid sums, or for the exchange of the product. In the case of an exchange, the forwarding will be made at the expense of the consumer.
In case of exercise of the right of withdrawal, the SELLER will make all the efforts to pay off the consumer within Fourteen days (after receipt of the parcel).
Rights of use :
The use of the present trademarks on the website is strictly forbidden.
Irresistible force :
None of the parties will have failed in its contractual duties, as far as their execution will be delayed, hindered or prevented by a coincidence of an irresistible force. Will be considered as a case of absolute necessity any irresistible fact or circumstance, outside the parties, unpredictable, inevitable, independent from the will of the parties and which cannot be prevented by these last ones, in spite of all the efforts reasonably possible.
The party hit by such circumstances will inform the other one about it in ten (10) working days according to the date of knowledge.
Both parties will come in contact, with in three (3) months, except impossibility due to the case of absolute necessity,to examine the incidence of the event and agree on conditions in which the execution of the contract will be pursued.
If the case of irresistible force has a duration superior to one (1) month, the present general conditions can be cancelled by the injured party.
In a explicit manner, are considered as cases of irresistible force or coincidences, besides those who are usually held by french courts and legal precedents : the blocking of the means of transportation, the earthquake, the fires, the storms, the flood, the lightning, the difficulties or break of the telecommunication networks and external telecommunication networks to the customers.
Partial non validation :
If one or some condition of the present general conditions are held for not being valid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other conditions will keep all their strength and their range.
Non renunciation :
The fact for one of the parties not to take advantage of a negligence by the other party in some of the obligations aimed within the framework of the present general conditions of sales could not be interpreted for the future as a demand in the obligation in cause.
Applicable law :
The present general conditions are subjected to the French law. It's like that for the rules in form and substance.
In case of dispute or complaint, theconsumer will enquire first and foremost at the SELLER to obtain a friendly solution.
Privacy policiy :
All the data you entrust to us arenecessary to handle your orders.
By virtue of the law no 78-17 of January 6th, 1978 relative to the computing, files and liberties, you have with the SELLER of a right of rectification, consultation, modification and deletion of the data you communicated us. This right can be also exercised on-line.
The collected data are strictly confidential.
Any order spent through the SELLER WEBSITE takes the support of the customer, and it without any limitation, on the general conditions of sale of the SELLER.
In case of sale for one person moral, anytrade dispute (prices, CGV, products) will be subjected to the french law infront of the Commercial court of the SELLER head office.