General terms and conditions for the online shop www.leschinoiseries.com, run by "Les Chinoiseries Miniatures"
Owner: Noosferic s.l. Salamanca 59, Izd. 03727 Xaló-Alacant, Spain, hereafter known as "Les Chinoiseries Miniatures"
1. Area of validity
All deliveries and services provided by "Les Chinoiseries Miniatures" are exclusively carried out based on the following General Terms & Conditions. All arrangements differing from these conditions, especially with regards to the General Terms & Conditions of the contractual partner, are valid only with a written confirmation from "Les Chinoiseries Miniatures" .
2. Offer
All offers on the "Les Chinoiseries Miniatures" website are subject to confirmation and non-binding, unless a binding confirmation is expressly given. Minor deviations from the details shall be deemed to have been approved and do not affect the contract as long as such deviations are acceptable to the contractual partner. We do not accept responsibility for differences in colour and structure in terms of the screen display as they can vary depending on technical conditions.
3. Conclusion of the Contract
The contract between "Les Chinoiseries Miniatures" and the contractual partner takes effect once the order has been accepted by "Les Chinoiseries Miniatures" through written or emailed order confirmation, or alternatively with delivery. An offer from the contractual partner can be accepted within three weeks after receipt by "Les Chinoiseries Miniatures" . "Les Chinoiseries Miniatures" reserves the right to refuse an order, if, for instance, the ordered product is not available or the ordering process cannot be completed for any other reason. In these cases, "Les Chinoiseries Miniatures" will immediately inform the contractual partner by email. We cannot take responsibility for the receipt of the email message by the contractual partner.
4. Right of Withdrawal
You can withdraw your contract declaration in written form (e. g. letter, email) without stating any reasons, or by returning the goods, within 60 days. This “cooling off period” begins on the date you receive the goods. In order to adhere to this deadline, it is sufficient to send the declaration of withdrawal or return the goods in time. The withdrawal declaration has to be addressed to the above mentioned address or emailed. Unfortunately, return postage charges from abroad cannot be reimbursed.
5. Availability Caveat
Should “Wallpaper from the 70s” after conclusion of the contract realise that the ordered goods are not available any longer or cannot be delivered for legal reasons, “Wallpaper from the 70s” can either offer goods equal in quality and price, or withdraw from the contract. “Wallpaper from the 70s” will refund payments already made immediately after withdrawing the contract.
6. Delivery
Unless otherwise stated, delivery is made to the delivery address given by the contractual partner. The risk passes over to the contractual partner as soon as the delivery leaves the "Les Chinoiseries Miniatures" premises; this is also true for partial deliveries. Information about the delivery date is not binding apart from exceptional cases when the delivery date was confirmed in written form, including the note “binding delivery date”. An agreed delivery period is considered as adhered to if the goods are sent by the deadline or if the contractual partner has been notified of readiness for dispatch by the deadline. In the case that goods are not available, "Les Chinoiseries Miniatures" will notify the contractual partner of the expected delivery date by email. We cannot take responsibility for the receipt of the message by the contractual partner.
7. Prices
Unless otherwise stated, "Les Chinoiseries Miniatures" shall be bound to the prices given in their offers. All prices are final prices and are quoted excluding P&P charges.
8. Payment
Payment for goods is processed in line with the contractual partner’s choice: by payment in advance (bank transfer) (only available for Spain and Europe) or by PayPal ( whit credit card or PayPal account). For more information see paypal.com.
The contractual partner can execute the right of retention only with regards to counterclaims based on the same contractual relationship. Within the terms of the continual business relationship, each order is considered to be a separate contractual relationship. Offsetting against claims from "Les Chinoiseries Miniatures" is only acceptable for undisputed or legally established claims.
9. Reservation of Property Rights
The delivered goods remain the property of "Les Chinoiseries Miniatures" up until full settlement of all obligations by the contractual partner.
10. Packing and Dispatch
Our Shop provides a feature that automatically calculates the shipping costs whilst you browse our website. Simply add your favourite items to the shopping basket to see the shipping cost in the shopping cart summary (even if you didn’t register). P&P charges are determined by the amount of the items (the weight of the package) and the addressee’s country of residence.
11. Right of Return
provides the customer with full right of return for 60 days after receipt of the goods. This right is effective independent of claims in connection with returning faulty products. Goods can be returned without stating reasons. The goods need to be posted within the return period. The goods have to be packed appropriately and carefully. Only undamaged items in their original packaging can be returned. However, if a product was tailor-made to your specification, these rights to return do not apply, unless the product is faulty. Once the returned goods have been checked, prepayments are refunded. If the original packaging is tampered with, the customer is obliged to purchase the goods and they cannot be returned. Unfortunately, return delivery charges from abroad cannot be refunded. Please contact us by email to info@leschinoiseries.com if you want to return your goods.
Returning Address
Les Chinoiseries Miniatures
Noosferic s.l.
Salamanca, 59 Izd.
03727 Xaló - Alacant
Spain
12. Incorrect Delivery
If a delivery contains wrong or defective items, "Les Chinoiseries Miniatures" will assume responsibility for the costs of returning the goods. Postage for the return consignment will be transferred to the bank account of the contractual partner.
13. Warranty
The contractual partner has to inform "Les Chinoiseries Miniatures" immediately (but no later than two weeks after delivery) of any obvious faults or damages caused by transport. If the contractual partner fails to inform "Les Chinoiseries Miniatures" of any faults in due time, any warranty is voided.
If "Les Chinoiseries Miniatures" acknowledge that the purchased goods are faulty, the company may, at their own discretion, compensate the customer by replacing items or by refunding the purchase price. Faults of parts of the delivery cannot justify complaints about the whole delivery, provided that the remaining elements of the delivery are usable. The warranty does not cover faults that arise as a result of outside influences or incorrect handling . Visible faults are excluded from complaints if the customer has already started using the goods. Common or slight variations in quality, finish and colours are not considered or accepted as faults.
14. Liability
"Les Chinoiseries Miniatures" will only accept liability for damages that do not constitute material defects, especially damages caused to the delivery item, or damages that cause other financial loss, in case of intentional damage or gross negligence. For cases when the "Les Chinoiseries Miniatures" does not accept liability, this extends to the personal liability of employees, representatives or vicarious agents. Obligatory legal limitations of liability remain unaffected by aforementioned regulations.
16. Applicable Law and Jurisdiction
With regards to all legal relationships resulting from of this contractual relationship (current as well as future relationships after conclusion of the current contract), the contractual partners agree to adhere to spanish law . The court of jurisdiction is Spain.
17. Copyright
Copyright is held by “Les Chinoiseries Miniatures". The shop website is copyright-protected. Copying of all or any part of the site is subject to permission from "Les Chinoiseries Miniatures".
18. Severability clause
If any of the individual clauses of these General Terms & Conditions are not legally effective in their entirety or in part, or should they lose their legal validity at any point in the future, the validity of the General Terms & Conditions remains intact. The invalid clauses are replaced by the statutory regulations. The same applies to any unforeseeable gaps in the General Terms & Conditions.