CLARY SYDNEY LLC CONDITIONS OF SALE
These conditions are concluded between, on one hand, CLARY Sydney 6111Nw 17 th St Sunrise Florida 33313 - United States - hereinafter "CLARY SYDNEY" and, secondly, those wishing to make a purchase through the websites of CLARY SYDNEY hereinafter referred to as "user"".
The parties agree that these conditions of sale available at time of purchase exclusively govern their relationship. If a condition is found to be unsatisfactory, it would be governed by the procedures in force in the area of companies selling by deliveries which have headquarters in France. CLARY SYDNEY promises to comply with all provisions of the Consumer Code related to sales by deliveries only.
These conditions define the terms of sale between CLARY SYDNEY and the user from ordering to support and all services after sales, such as payment and delivery. These conditions relate exclusively to non-commercial individuals.
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The user can place an order online and the order can be registered on the website only if the user has clearly identified himself by the entry of his client code (or specific id of CLARY SYDNEY website or FC-ID and his password all of which are strictly personal). Any user of the website who does not hold a client code or ID must follow the procedure of registration to obtain a customer code. This code is personal. Any loss or forgetfulness should be promptly reported to the services of CLARY SYDNEY by contacting CLARY SYDNEY Customer Service at 001 305 809 0490 or via email at [email protected]
Any order implies acceptance of the prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees listed below. The user can change his/her shopping cart before the final validation, that final step formalizing the contract of sale between CLARY SYDNEY and user. In case of a lack of specific product availability, CLARY SYDNEY undertakes to inform the user. In some cases, including non-payment, incorrect address or other problems on the user's account, CLARY SYDNEY keeps the right to block the user's order until the problem is resolved. For questions regarding the status of your order, please call from Monday to Friday and between 9am to 5pm (GA) or contact us by email at [email protected] An email will be sent to the address stated in the customer profile for each step of the order. The presence of products on the site is guaranteed for a period of one week.
The shipment of packages will be sent to all serviceable countries and the user must refer to the delivery part of the services area in the shopping cart to learn more about the shipping companies, their terms and costs of shipping.
The shown delivery time is calculated according to the concerning medium delay of expedition for the shown product. Our responsibility cannot dices during to be hired, however our service customers are your whole disposition for any information concerning your order.
The user has the option to pay for the purchases online by credit card, PayPal account, or cash: (Carte Bleu, E-card, Visa, Mastercard, American Express, major credit cards or PayPal).
The user account will be debited when ordering items. If sold out or not available, on customer request it will be refunded to the value of the items not available for repayment to the account of the credit card that was used for payment and payment will be taken as the amount of the items actually sent. We can maintain the payments on hold for a later delivery and immediately upon receipt for missing products.
Prices are quoted in selectable currencies and include all taxes in USA if applicable. These prices may exclude processing fees, shipping and handling (ie: a special packaging may be required). They take into account the taxes applicable at the date of the order. Any change in the applicable rate will be reflected on product prices. However the price cannot be changed once the customer's order had been validated. Similarly, if one or more taxes or contributions, including environmental, has to be created or modified, up or down, this change will be reflected in the price of sale items on the site of CLARY SYDNEY and sales documents. The prices listed on the site are guaranteed for a period of 24 hours.
RIGHT OF RESCISSION / RETURN / EXCHANGE
All items can be exchanged or refunded except for those specifically stated otherwise, ie: items that have been customized at customer's request.
All product returns will be done after informing the company CLARY SYDNEY within seven (7) days from the date of receipt or withdrawal of the package and after acknowledgment from CLARY SYDNEY. The customer agrees to return the package in its original condition of packaging. The product must be in its original state and in original condition. Products related to intimate parties and having been worn with no protection and with obvious signs of use will be returned to the buyer at his cost and cannot be returned.
The exchange request by the customer must be sent within 7 days from the date of receipt or withdrawal of the package. If the new order is in excess, the user will join to the items to be exchanged the remainder of the payment or should have paid that remainder in advance. On the contrary, if the amount of the exchange is lower than the initial amount, the user will soon receive a credit as an electronic code (usable on all websites owned by CLARY SYDNEY) as a refund of the difference.
The exchange request must be accompanied by a payment equivalent to $5 (5 dollars) to cover the fees and expenses of shipping and handling.
All items are subject to a legal guarantee of conformity and a guarantee against hidden defects permitting the buyer to return the defective items delivered. Except in cases of statutory warranty, all operations between CLARY SYDNEY and users, not challenged within 30 days are considered as full waiver of any kind of claim.
The seller must deliver goods in conformity with the contract and be liable for defects of conformity which exist at the issue. It also includes defects of conformity resulting from the packaging, instructions for assembly or installation as explained by the contract or has been done under the seller's responsibility.
To comply with the contract, the item must:
1)Fit the normal use expected from that item and, if applicable:
- Match the description given by the seller and possess the qualities that had been presented to the buyer as a sample or model;
- Have the qualities that a buyer can reasonably expect given the public statements made by the seller, the
producer or his representative, particularly in advertising or labeling;
2) Or have the characteristics defined by mutual agreement by the parties or fit any particular purpose
which the buyer made known to the seller and the latter accepted.
The seller must guarantee that no latent defects of the item sold which would make it unfit for the use for
which it was intended or which so diminish the use that the buyer would not have acquired or would have given a lesser price if he had known. The action resulting from latent defects must be claimed by the purchaser within two years after the discovery of the defect.
SIGNATURE AND PROOF
In all cases, providing the credit card number online and the final confirmation of the order shall constitute proof of the completeness of said order in accordance with the provisions and will be worth the sums payable for the items appearing in the order.
This confirmation constitutes signature and express acceptance of all operations at the site. However, in cases of fraudulent use of his/her credit card, the customer is required, upon the finding of such use, to contact CLARY SYDNEY customer Service by calling 001 305 809 0490 during operation time.
CLARY SYDNEY has, for all stages of taking an order and subsequent steps to the conclusion of the contract, an obligation to the result.
So CLARY SYDNEY undertakes to describe with great accuracy the products sold on the website of CLARY SYDNEY. However, the responsibility of CLARY SYDNEY could not be involved in the case if the breach of its obligations would be due to unpredictable and insurmountable third party or in case of Force Majeure as defined by the French jurisprudence. Similarly, the responsibility of CLARY SYDNEY will not be liable for any inconvenience or damage arising from the use of the Internet, including a break of service, external intrusion or presence of computer viruses.
* Changes can be made directly by email sent to [email protected] and stating with "I am no longer interested with the offers and no longer wish to receive any".
* Either unsubscribe from our newsletter information with the automatic tool proposed for this purpose with each newsletter or by mail by checking the box on the order form or writing to CLARY SYDNEY - Customer Service - 6111Nw 17 th St Sunrise Florida 33313 - United States providing your name, email address and customer reference if possible.
CLARY SYDNEY implements all means to ensure the confidentiality and security of data transmitted over the Internet. As such, the website uses a secure method of payment belonging to our banking institutions. CLARY SYDNEY has no knowledge of any of your credit card numbers, which are only known by the banks in any transaction with our websites.
As part of quality monitoring and training of our customer service, some calls may be recorded.
All elements of the CLARY SYDNEY website, being visual or audio, including the underlying technology, are protected by copyright, trademark or patent. Thus, NO information or documents of CLARY SYDNEY site can be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any manner whatsoever, except under the following condition: you can download a copy of a document to a computer for your personal use and only for noncommercial purposes, provided that you do not change the information and that you keep intact all copyright and other proprietary notices. The modification of these documents or their use for another purpose constitutes an infringement of the intellectual property of CLARY SYDNEY.
The trademarks, logos and designs appearing on this site are the exclusive property of CLARY SYDNEY and represent CLARY SYDNEY brands over the Internet. Their disclosure should in no way be construed as granting any license or right to use any of the brands and distinguishing elements protected by copyright, trademark or patent. Any unauthorised use is an infringement of copyright, trademark or patent and constitutes an act of counterfeiting.
All text and images found on CLARY SYDNEY websites may be registered or copyrighted with official institutions. Any use without prior agreement with the CLARY SYDNEY company may lead to prosecution.
In the event that any provision of this contract is null and void by a change in legislation, regulation or court decision, this does not in any way affect the validity and compliance with these sale terms and conditions.
These conditions apply throughout the duration of online services offered by the CLARY SYDNEY Company.
PROOF STORAGE AND FILING OF TRANSACTIONS
The records, kept in CLARY SYDNEY computer systems company and its partners in conditions of reasonable safety, will be considered as proof of communication, orders and payments between the parties. The filing of purchase orders and invoices is made in a reliable and sustainable way to match an exact copy.
Faithful to its charter, CLARY SYDNEY is committed to distributing brands from known companies, models and photographs of products are provided (excluding special agreements) by brands that hold the rights of the images, brands and models registered and copyrighted with appropriate agencies and institutions.
Terms of Sale in effect as of July 18, 2009 Top of Form
CLARY Sydney 6111Nw 17 th St Sunrise Florida 33313 Florida 33313
Copyright © 2010 CLARY SYDNEY LLC All Rights Reserved.