Terms of sales
1 – APPLICATION and OPPOSABILITY of the general terms of sale (TOS)
These terms of sale (TOS) are intended to determine the contractual conditions of execution by Golf Stars SAS of the order issued by the customer. Ordering on the Internet of Golf Stars SAS site or from us by any means imply membership full and unqualified client these terms and conditions. No special condition not entitled, except written Golf Stars SAS, and formal acceptance the terms. Any contrary condition opposed by the customer will be, if not acceptance Express, inopposable to Golf Stars SAS, regardless of when she will be able to be brought to his attention. Given the fact that GOLF STARS SAS must not prevail at any time any of these terms and conditions shall not be interpreted as a waiver to later rely on one any of the said conditions.
2 – presentation
GOLF STARS SAS publishes and operates the website www.golfstars.fr which offers customers to order online on the Internet for communication tools to improve the visibility of clients on the Golf Stars media. These terms and conditions relate to all users, physical or moral, shopping people or not. The user of the site says understand Internet and its limits and including its features functional and technical performance, risks of interruption, the response time for consult, interrogate or transfer information, risk, whatever they may be, inherent to any connection on the network. The parties agree that their relations will be exclusively governed by this contract, excluding any condition previously available on the site. The General Conditions of sale have been updated on 01 September 2015.
3 – DEFINITIONS
User means any user who navigates, takes knowledge, reserve, order and/or buy a product or service offered on the site. Customer means any professional, individual or his duly authorized representative (which he must justify to Golf Stars) placing an order on the site. Product means any product offered on the site. Means any provision of services offered on the site. Site means the infrastructure (including any modification or update) operated and developed by GOLF STARS SAS according to computer formats used on the Internet including data of different types, and including the texts, sounds, images, fixed or animated, videos, databases, to be consulted by the user for its products and services. Internet addresses are: www.golfstars.com (and any other Internet address chosen by Golf Stars SAS, as well as any other alternative site determined by Golf Stars SAS). Internet refers to different networks of servers located in various locations around the world, linked together through networks of communication, and communicating using a specific protocol known as TCP/IP.
4 – liability
GOLF STARS SAS has an obligation of means for all stages of access to the site, ordering as well as for all the steps after the conclusion of the contract. GOLF STARS SAS agrees to most accurately describe the products and services sold on its site. The responsibility of GOLF STARS SAS may not be engaged where the failure to perform be due or is unpredictable and insurmountable to a third party to the contract or a case of force major. Are considered as force majeure unloading GOLF STARS SAS from its obligation to execution of orders: war, riot, fire, strikes, accidents, natural disasters, water damage, interruption of telecommunications or electricity network. Access to the sites of GOLF STARS SAS may be interrupted for reasons of maintenance and update or for any other reason, including technical without that it may incur liability. Similarly, the responsibility of GOLF STARS SAS cannot be held responsible for any inconvenience or damage inherent to the use of the Internet, including a break of service, an external intrusion or the presence of computer viruses.
5 – command
The users have the possibility to place his order at GOLF STARS SAS order online on the website. Any order is acceptance of the price and the description of the products and services available for sale…
5.1 refusal of order
GOLF STARS SAS reserves the right to refuse an order if the customer does not respect the ordering procedures. Non respect of control procedures on site by the customer releases GOLF STARS SAS from liability (regulation, technical constraints, bundling of orders, naming files etc.). An order refused by GOLF STARS SAS opens right to any compensation to the Client.
5.2 the order validity
Any user of the site will follow a registration process to obtain its order number. This number is personal. Any loss or forgetfulness must be denounced to GOLF STARS SAS services at short notice. In all cases, the online provision of credit card number and the final confirmation of the order shall be evidence of the whole of the aforementioned order in accordance with the provisions of the Act of March 13, 2000 and will liability for the amounts entered by the command. This validation is signature and express acceptance of all the operations performed on the site. However, in the event of fraudulent use of his credit card, the customer is invited, upon the finding of this use, contact GOLF STARS SAS customer service by calling the following phone number: 01 60 12 00 00 (cost of a local call). The computerized registers, preserved in the computer systems GOLF STARS SAS under reasonable conditions of safety, will be considered as proof of communications, orders and the payments occurred between the parts. It is expressly agreed that, except manifest error on the part of GOLF STARS SAS, data stored in the information system of GOLF STARS SAS have probative value as to orders placed by the user. The data on computer or electronic media constitute valid evidence and as such, are admissible under the same conditions and with the same probative value as any document which would be established, received or retained in writing. The archiving of order forms and invoices is carried out on a reliable and sustainable way support to meet a loyal and durable copy, in accordance with article 1348 of the civil Code.
6 – quote
Delivery of a quote does not GOLF STARS SAS to run this one. Any quote studied in the absence of the final documents is considered to be approximate. Once the request for quote has been performed, the processing time of the estimate is approximately 48 h. Unless express otherwise, quotations are valid for three months from their date of issue. Thereafter, prices may be revised.
7 – supply of the files by the customer
The customer provides files needed for integration into the Golf Stars (website, webappli, and paper guide) supports. The customer is entirely responsible for all content and the accuracy of its files. Files, online the right to shoot or the right to draw on paper engages the responsibility of the customer on the content of the document. GOLF STARS SAS only agrees to return the color of the computer file provided by the customer, such as the production line presents them. Colors visible on the screen of the customer are not binding and will in no case those returned on printed documents (it is same for the prints made by yourself on an inkjet or laser printer). GOLF STARS SAS has the right to carry out the archiving of files received. Such archiving is not systematic. The seller declines any responsibility in case of damage or loss for any reason whatsoever.
8 – TERMS of payment
Prices are in Euros (€). They are shown HT (VAT = 5, 5%). The price of the goods will be charged based on the rate in effect on the day of acceptance of the order. The amount of the invoices and quotes is to increase the amount of taxes on turnover. Customers eligible for the reduced VAT rate must provide all necessary justifications. Any change in the applicable VAT rate will be reflected on the prices of products and services. Prices cannot be changed once the order for the customer. Similarly, if one or more taxes or contributions, in particular to be created or modified, increase or decrease, this change will be reflected in the price of sale of the articles on the site and sales documents. The prices of the items ordered on the site and the date of the order in question are authentic. Prices are calculated on the basis of the provision by the Client of computer files of professional quality. The author’s corrections will be charged extra. All changes made to the texts or photos, or available on tests established, are considered « author’s corrections » and are the responsibility of the customer.
The payment will be made: either by credit card or by bank transfer, or by check. If deferred settlement or term, is a payment in the sense of this article, not the delivery of a check involving an obligation to pay but their settlement at the agreed payment deadline. The goods are payable to society GOLF STARS SAS (RCS).
8.3 enforcement of late payments – penalties
In case of delay of payment, GOLF STARS SAS may suspend all pending orders, without prejudice to any other course of action. Any amount not paid on the due date on the invoice results in the application of penalties of an amount equal to two times the legal interest rate. These penalties are payable by right on request of GOLF STARS SAS without prior notice. Any Bill recovered by way justice will be increased as a penalty clause not reducible in the sense of article 1229 of the civil Code, for a fixed flat-rate compensation to 10% of its amount. In any case, payments can be suspended or be the subject of a compensation without the written prior agreement of GOLF STARS SAS. Any partial payment will be charged firstly on the sums due is the oldest.
9 – delivery
Unless otherwise agreed, delivery is deemed to be made on our premises. If the delivery is delayed for a reason independent of our will, it will be deemed to be made on the agreed date. The goods travel at the expense and risk of the buyer, it belongs in the event of damage, loss or missing, to make all reservations or to exercise all recourse to the responsible carriers. GOLF STARS SAS declines all responsibility on goods that same sent franco always travel at the risk of the buyer.
Deliveries are not made according to availability and in the order of arrival of the orders. Our times are given for information only. Because of the constraints related to amalgam, Golf Stars SAS reserves the right to deliver in several times without any challenge is possible. Indicative delays exceeding cannot lead or to damages, deduction or cancellation of orders. However, after notice by the buyer having to deliver the command that is not followed by execution within 15 days, the sale may be resolved at the request of one or other of the parties. The purchaser may obtain return of the deposit possibly paid excluding any other compensation or damages with interest. Force majeure we will be relieved of our obligation to deliver. Are considered as cases of force majeure unloading GOLF STARS SAS of its liability for delay: stop driving force, war, riot, fire, flood, strikes, accidents, impossibility for herself to be supplied. In any event, the delivery can intervene only if the buyer is up-to-date of its obligations to the seller, in whatever the cause.
Verification of the quantities must be made by the customer at the time of receipt of the goods in its premises. In case of missing or deterioration of the goods on arrival, it is up to the customer to: -Sign up on the receipt of the carrier reserves specifying exactly the number of missing or damaged products, or the subject of the complaint. -Confirm his reservations to the carrier by extrajudicial Act or by registered letter with notice of receipt, within 3 days following delivery with copy to GOLF STARS SAS indicating the references of the delivery. Without prejudice to the arrangements to be overlooked for the carrier, complaints on apparent defects or nonconformity of the product delivered to the ordered product or the packing list, must be made within 3 days of the arrival of goods. Complaints must be made by registered letter with acknowledgement of receipt. Failing complaint within the time limit and the prescribed forms, the customer will be deemed agreeing without reservation the goods. Any disputes with carriers cannot justify no regulation of the goods invoiced. In case of defect or nonconformity of the delivered products, duly noted by the seller, the buyer can get the reprint of products, excluding any compensation or damages with interest. If the client finds a printing problem, he may request within a period of eight days max, reprinting of documents by registered letter with acknowledgment of receipt if you return the goods with the consent of GOLF STARS SAS or defective documents available to the carrier of GOLF STARS SAS if we take the decision to recover the goods by us. This right may be exercised only if all the copies of that product are returned in their packaging along with a copy of the invoice and or of the delivery. The return of our carrier costs will remain at our expense only in case of manufacturing defect recognized by GOLF STARS SAS. If GOLF STARS SAS finds the goods complies, the customer must pay the expenses of return and shipping expenses required to send the documents within a period of 20 days max. After this period, the goods will be automatically destroyed without that the customer cannot claim a refund. Without a prior written agreement of GOLF STARS SAS, any return of goods will be refused. Any merchandise returned without the agreement of GOLF STARS SAS will be automatically refused. The failure of a part of the molded goods can motivate the total rejection. GOLF STARS SAS responsibility could not be committed in the event of gross negligence on its part and will be limited to amount of defective copies actually carried out by it. In all cases, the customer must prove that the defect is attributable to GOLF STARS SAS. No replacement of the defective copies may be asked to GOLF STARS SAS if the number of defective copies delivered to the customer does not exceed 0.50% of the actually delivered quantity. Don’t give the right to claim defects considered tolerances of the trade related to the technical constraints of the amalgam. Thus, a slight difference in color is not considered as a defect.
9.4 delivery tolerances
Because of the vagaries of manufacturing, GOLF STARS SAS is not required to put at the disposal of the customer the exact quantities ordered. Tolerances of delivery the customer is required to accept are more or less 10%, according to the draw. Within these limits, GOLF STARS SAS charges the quantities actually delivered. The customer accepts that there are variations in hue throughout a draw. Customer so admit flaws minor, invisible to the user not notified such as chips, slight variations of color, intensity or cutting across the draw.
10 – withdrawal / cancellation of order
Technical file and administrative costs are fully charged to the customer. The minimum amount of these fees, depending on the status of the order is €25 HT-09 19, 2013.
11 – personal data
In accordance with the law of 6 January 1978 modified, the user has a right of access, opposition and rectification of the data concerning him, either directly on the Internet or by mail by writing to the seller, to the following address: GOLF STARS SAS (FRANCE)
12 – intellectual property
12.1 files provided by the customer
Any order relating to the reproduction of a drawing, model, brand or other with the protection of the intellectual property Code implies on the part of the customer the affirmation of the existence of a right of reproduction for profit. In case an order would give rise to an action for infringement, it is formally stipulated that the client must bear alone the eventual load of civil convictions and all costs incurred by GOLF STARS SAS.
12.2 the creations of GOLF STARS SAS
Any order involving a creative activity on the part of GOLF STARS SAS within the meaning of the Code of intellectual property remains the full ownership of the company GOLF STARS SAS. Unless expressly agreed otherwise, copyrights arising from the creations of the company GOLF STARS SAS, and including the right of reproduction, remain acquired by it. This transfer of copyright agreement must be in writing. Such an assignment cannot result from a written contract, and cannot in any circumstances be inferred from the fact that the ownership of the material was transferred to the customer, or specific compensation benefits or command. Except special agreement of exclusivity, artistic creation by GOLF STARS SAS can be used again by it. These rules also apply to the preparatory work.
12.3 the site
All elements of the site GOLF STARS SAS, whether Visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of GOLF STARS SAS. The user who has a Web site on a personal basis and who wishes to place a simple link directly to the sites of Golf Stars SAS, for personal use, on its site must get the written authorization from GOLF STARS SAS. In all cases, any unauthorized link, must be removed upon request GOLF STARS SAS.
13 – DURÉE
Les présentes conditions s’appliquent pendant toute la durée de mise en ligne des services offerts par le Vendeur.
14 – DISPOSITIONS GÉNÉRALES
14.1 Intégralité du contrat
Les parties reconnaissent que le présent contrat constitue l’intégralité de l’accord conclu entre elles et se substitue à toute offre, disposition ou accord antérieurs, écrits ou verbaux.
Si l’une quelconque des stipulations du présent contrat s’avérait nulle au regard d’une règle de droit en vigueur ou d’une décision judiciaire devenue définitive, elle serait alors réputée non écrite, sans pour autant entraîner la nullité du contrat ni altérer la validité de ses autres dispositions.
Le fait que l’une ou l’autre des parties ne revendique pas l’application d’une clause quelconque du contrat ou acquiesce à son inexécution, que ce soit de manière permanente ou temporaire, ne pourra être interprété comme une renonciation par cette partie aux droits qui découlent pour elle de ladite clause.
Les parties élisent domicile aux adresses indiquées sur le bon de commande pour l’Utilisateur et à l’adresse figurant sur le site pour le Vendeur.
15 – RÉSERVE DE PROPRIÉTÉ
Le vendeur se réserve la propriété des marchandises jusqu’au paiement intégral de leur prix en principal et accessoires. A défaut de paiement du prix à l’échéance convenue, la société GOLF STARS SAS pourra revendiquer les marchandises et la vente sera résolue de plein droit si bon lui semble. Ne constitue pas paiement au sens de cette clause la remise d’un titre créant une obligation de payer. Ces dispositions ne font pas obstacle au transfert à l’acheteur, dès la livraison, des risques de perte et de détérioration des biens vendus ainsi que des dommages qu’ils pourraient occasionner. Les marchandises restant la propriété du vendeur jusqu’au paiement intégral de leur prix, l’acheteur s’interdit d’en disposer pour les revendre ou les transformer.
16 – CONTESTATIONS
La loi française est seule applicable. Sera seul compétent en cas de litige de toute nature ou de contestation relative à la formation ou l’exécution des commandes, le Tribunal du lieu de l’exécution de la prestation de services, et quels que soient les modalités de paiement, sans que les clauses attributives de juridiction pouvant exister sur les documents des acheteurs puissent mettre obstacle à l’application de la présente clause. Les présentes conditions générales de ventes font l’objet d’un dépôt à l’INPI, toute reproduction même partielle est interdite. Mise à jour le 01/09/2015.