The present terms and conditions of sale apply to all sales concluded between:
- LiquidASS France, a commercial brand affiliated to Powerball Club Ltd., with a capital of 3 000 euros and registered at the Chamber of commerce (Cantal) under the unique SIRET ID number 398 267 724 00043, headquartered at Les Baraquettes, 15590 Velzic (the "Vendor"), referred to as "the site" or "the enterprise" or "store"
- Any individual (the customer, hereby known as the "Client") ordering on the LIQUIDASS.FR online shop (the "Site").
The Vendor and the Client (the "Parties") agree that their relations will be exclusively governed by the terms and conditions for sale as shown on the Site when ordering.
The Client understands and has been fully informed that his agreement to these terms and conditions does not require the handwritten signature of the present document, as far as the Client wishes to order products online as presented within the frame of the shop of the LIQUIDASS.FR website.
The Client may store but not make any modifications to these terms and conditions.
The Client, prior to placing his order, acknowledges that the acquisition of these products as an individual cannot be directly linked to his professional activity, such purchase being reserved exclusively for his personal use. As a customer, the Client therefore benefits from specific consumer protection rights, which may be jeopardized should the products obtained have any connection with his professional activity.
Should the purchase be for professional use, the company name must be provided.
The www.LIQUIDASS.FR website provides the following information:
- All legal information for accurate identification of the company.
- The main features of the goods offered.
- The recommended retail prices in the Euro currency.
- Payment terms.
- Delivery or performance terms.
- The right of withdrawal.
- The conditions for contract cancellation where it is of unspecified duration or a duration exceeding one year.
Article 1 – Purpose and intent
These Conditions of Sale (hereafter the “Conditions”) are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by the Site to the client.
These conditions shall apply without any restriction or reservation to all products offered on the Site (the "products"), regardless of the nature of these products, including all virtual products (such as online downloads, etc.) as well as any and all services.
The Client confirms, prior to placing his order, that he has the full legal status allowing him thereby, to commit to these Conditions.
Any ordering of any product or service implies the client's full acceptance in its entirety of the present Conditions, which he acknowledges having taken note of before confirming purchase.
By accepting the Conditions, the Client confirms he has been fully informed of his rights and obligations, as well as the terms and conditions for the purchase he intends to conclude with the Vendor, and agrees to accept them without reserve.
The products are offered for sale in metropolitan France. However, delivery to other territories is possible, only if the Vendor expressly accepts and the Client accepts the delivery costs related to his purchase. The Client should inquire about the difference in cost for such territories prior to placing an order.
The Vendor may modify the present Conditions at any time. However, such modifications shall only apply, except where expressly agreed otherwise between the Parties, to orders submitted after the date on which the modified Conditions have been published.
Article 2 – Contractual Documentation
The present contract consists of the following presented contractual documents in decreasing hierarchical order: the present general conditions; the order form. If there is a contradiction between the provisions of documents in a different order, the document with the highest rank will prevail.
Article 3 – Date of Application and Duration
The present General Conditions will come into force on the date of submitting the order form. These conditions are concluded for the time necessary for the provision of goods purchased, until the expiry of any guarantee provided by the Vendor.
Article 4 – Site Access
The Client personally guarantees, that he is responsible for, and that he will use all technical means (computing and/or telecommunication) necessary to access the Site.
Any telecommunication costs as well as costs of any other nature resulting from the Client’s access to Internet and to the Site, shall be borne by the Client.
Article 5 – Electronic Signature
The Client’s validation/submission of the order form, is considered an electronic signature that, between the Parties, has the same value as a handwritten signature.
Article 6 – Pre-sale Knowledge
6a) The Products
According to Article L.111-1 of the French Consumer Code, the Client may peruse, prior to placing his order, the main features of the products that he intends to order on the Web Site.
For all the products, and products relating to healthcare in particular, the Client makes his choice with regard to the main features of the products, as well as to his personal characteristics. As such, the Client recognizes and confirms having the sole responsibility to decide which product satisfies his requirements. It is entirely the Client’s responsibility to ask for advice should he feel insufficiently informed.
The offers proposed by the Site are valid only within the limits of available stocks.
The Vendor may modify his product offers at any time, dependent on supply-side constraints.
All product images and graphics, as shown on the Site, are not contract binding. Therefore, any modification without notice of the graphical charter, the presentation or the packaging of a product, which however remains unchanged, could not affect in any way the validity of the sale performed on the Site or engage the responsibility of the Vendor toward the Client.
6b) Price and Extra Charges
The retail prices of the products, currently shown in Euros, are the prices shown on the Site when the Client submits his order (the "price").
Unless otherwise specified in the offer, all prices will exclude the cost of shipping.
All charges, taxes or fees resulting from the sale and/or the delivery of the products to the Client (all customs fees or VAT rates specific to the country delivered to) shall be the responsibility of the Client.
The Vendor may modify the prices at any time. However, unless otherwise expressly agreed between the Parties, the modified prices shall apply only to orders placed after the date on which those prices have been published on the Site.
Article 7 - Ordering
Any order implies the acceptance without restriction or reserve of the present General Conditions for Sale by the Client.
Any order that is accepted and registered will result in an email confirmation by the Vendor. It is the Client’s responsibility to provide a working e-mail address that he has access to in order to receive delivery confirmation and package tracking information.
The sale will not be considered final unless the Vendor validates the order and receives payment of the total Price.
Article 8 - Minimum order
No minimum order shall ever be required.
Article 9 - Payment and Cancellation
9a) Terms of Settlement
The settlement of products is made when placing an order. Without this settlement, the order will not be validated.
To pay for an order, the Client may use, at his discretion, any of the payment methods accepted in the order form. The Client guarantees the LiquidASS France company that he fulfils the necessary requirements to use the method of payment he has chosen when validating the order form.
The LiquidASS France company reserves the right to suspend any processing and any delivery in the event of refusal of credit card payment and/or any other payment on behalf of the officially accredited organizations, or in the case of non-payment.
The LiquidASS France company particularly reserves the right to refuse the delivery of an order for a Client not having settled a previous order totally or partially, or with whom a settlement dispute is pending.
The LiquidASS France company has implemented an order verification procedure intended to prevent the fraudulent use of someone’s bank details by unauthorized individuals. As such, the Client may be requested to send a photo ID and proof of address by e-mail or mail to the LiquidASS France company. The order will not be validated unless the requested documents are received and checked by LiquidASS France personnel.
9b) Security of banking details
PayPal, the financial partner of the Vendor, by means of encrypted and secured links, directly collects any confidential banking data provided by the Client for payment purpose, ensuring an optimal security. The Vendor will not be given access to this data.
Article 10 - Delivery & Shipping Costs
The products will be shipped to the shipping address provided by the Client when placing his order.
For products available in stock, the order will be processed within a maximum of two business days from the day following the date when the Client placed and validated the order. A validated order is an order that has been paid for in total.
If the ordered product is not available, the Vendor will inform the Client within one business day so he may cancel the order partially or totally. The Client will then have the option to receive a refund of the amount paid within 3 days maximum of the date of his request, or to substitute the missing product with another product of the same value, or of less value (with refund of the difference), or of a higher value (with settlement of the difference). The refund will use the same payment method that has been chosen by the Vendor. The Client may also choose to receive a refund in the form of a credit note.
In the event of items shipped at different dates due to their availability, the period of delivery shall be extended to the longest deadline. The Vendor, however, reserves the right to split deliveries.
According to the Article L.121-20-3 of the French Consumer Code, if the delivery deadline for a product exceeds seven days and is not due to circumstances out of his control, the Client may cancel the purchase after filing a claim by means of a registered letter with acknowledgement of receipt.
The termination of contract should occur within sixty business days from the delivery deadline.
The contract will be cancelled on the date on which the Vendor receives the registered letter, and only if the delivery has not occurred between the date the letter was sent and the date it was received.
The sale cancellation, according to the provisions of the present clause, the Vendor undertakes to refund the total amount paid to the Client within a maximum of thirty days following the date on which the contract cancellation took effect.
The Vendor shall not be held responsible if the contract is delayed or prevented due to an issue caused by the Client, a third party or a circumstance that is out of the Vendor’s control.
9c) Order Cancellation
The client has the right to cancel any order provided it has not already been dispatched. In the event that dispatch has already been effected, the goods can still be returned (see article 12c). Following a cancellation request, a refund will be enacted however, PayPal will not refund their transaction fee. The refund will be received within a maximum of 24 hours (work days only).
Article 10 - Delivery and Shipping Costs
10a) Receipt without signature: Carrier's proof of delivery
It is the responsibility of the Client to choose the shipping option and recognizes the fact that, a delivery without signature, by its nature, transfers the responsibility for the package(s) from the carrier to the Client once the package(s) has been delivered to the Client or to a third party at the shipping address. Only the carrier’s proof of delivery shall be accepted. Therefore, the Client must directly contact the carrier in the event of a dispute.
This responsibility may be transferred for a signed-for delivery. For this purpose, the Client must use a shipping option with insurance, when placing his order.
10b) A Valid Shipping Address
The Client is responsible for the shipping address provided. He needs to provide a maximum of information in order to effect correct delivery of the package. In the event that the delivery could not be carried out due to an incorrect or incomplete address, the Client will be liable for all delivery fees in respect of a further delivery. These costs will be paid with PayPal, credit card, check or bank transfer before the package is shipped.
10c) Taxes and Customs
Deliveries outside the European Union are not subject to VAT. However, they can be subject to local taxes and customs fees applicable to the country of delivery. The amount of custom costs, taxes, fees or charges in connection with goods importation, depends on the applicable regulations in each country and shall be borne by the Client at receipt. Therefore, it is the Client’s responsibility to consult with the local authorities involved regarding the needed information, and observe the specific procedures related to the importation of goods within the territory of the country of delivery.
Article 11 – Product Availability
Any order will remain subject to the physical availability of the products ordered, to which the Client hereby declares his agreement.
The Vendor will inform the Client should any product ordered be unavailable.
According to the provisions of the Article L. 121-20-3 of the French Consumer Code, should the Client not wish to wait until the product ordered becomes available, the Vendor may in this case supply a product of equivalent quality and price to the Client. The return costs related to such a substitute product will remain the responsibility of the Vendor, as long as the Client exercises his right of withdrawal provided for in the Article 15 below.
Should the Vendor fail to make use of this option, the Client will be refunded for the amount paid no later than thirty (30) days and will not be eligible for any additional compensation of any type.
Article 12 - Receipt of Order
When the product(s) is(are) delivered, the Client will carefully and immediately check that the products comply with the order, check their general condition (damaged or defective products) and note any damage observed due to the carrier on the delivery note (with delivery against signature), as well as to the Vendor.
Any return of goods may take place only within fourteen days of receipt of the goods; the Client should then proceed as follows within this period of 14 days:
1) Return the non-complying product(s) by recorded signed-for delivery, to LiquidASS France - Les Baraquettes - 15590 VELZIC.
2) Report non-compliant items for the product(s) and send back the invoice of the returned product(s) or, in case of gift delivered without invoice, the delivery note of the said product(s).
The lack of retraction within the mentioned period confirms the definite compliance of the products delivered to those designated in the order.
If non-compliance is established, the Client will be offered a new consignment of compliant goods. If no compliant goods are available, the Client will receive a refund of the total amount of his order, including any shipping cost incurred.
If non-compliance is established, LiquidASS France will refund the return fees for the non-complying product(s).
12a) Delivery Anomalies due to Carrier
Any anomaly that occurred during the shipping (damage, missing product based on the packing slip, damaged packaging, broken products…) must be indicated on the delivery note as either “refused for motive” or "accepted with reserve due to motive”, along with the signature of the Client. The Client should simultaneously confirm this anomaly by addressing a registered letter with acknowledgment of receipt to the carrier within two business days of receipt, detailing the mentioned claims. The Client must send a copy of this letter to LiquidASS France - Les Baraquettes - 15590 VELZIC by email or regular mail.
12b) Incorrect Delivery
- The consumer must register with the Vendor, on the day of delivery or no later than the first business day following delivery, any claim of error of delivery and / or non-compliant goods in kind or in quality compared to entries on the order form. Any claim received after this deadline will be rejected.
- The registration of this claim with the Vendor should be made: - by priority mail to the email address indicated on the delivery order. To ensure the proper processing of the request, the Client needs to quote the reference (invoice number).
- Any claim that does not comply with the rules mentioned above or that is made after the expiry of any deadline will not be considered as valid and LiquidASS France will have the right to reject all liabilities in respect of the Client.
- In the event of wrong delivery or exchange, any product to be replaced or refunded must be returned to the LiquidASS France company in its original packaging, complete with all accessories and instruction manual, by recorded delivery, to LiquidASS France - Les Baraquettes - 15590 VELZIC. Any return request should be made first to the Customer Service department in order to be considered.
12c) Conditions for Return
i. The product should be returned within 14 days of receipt.
ii. The product must not show any signs of use.
iii. Open packaging, not damaged, containing all the delivered products.
iv. A restocking fee of 15% of the final purchase value will be levied.
v. Return fees shall be borne by the client unless the delivered product was defective or not the item originally ordered.