Preamble

 

Products and services offered are those listed in the catalog published on the website www.diapod.com . These products and services are offered within the limits of available stocks. Each product is accompanied by a description provided by the supplier. The photographs in the catalog are as accurate as possible but can not ensure a perfect similarity with the product, especially with regard to color.  These General Terms of Sale are applicable to sales made via SARL (LLC) LUDIA's Internet site.

Definitions

 

Company: the company SARL LUDIA (LLC) incorporated in NANTES under number 524 108 578 00013 and located 5, rue Le Nôtre, 44000 NANTES – FRANCE. 

Internet Site: the Company’s Internet site www.diapod.com

Client: Any natural persons or legal entities who order one or more of the Company’s Products whether or not in connection with their professional activity.

Product / Products: Any item and service offered for sale on the Company’s Internet Site.

General Terms: all the provisions comprising these general terms of sale which apply to any order placed with the Company.

Opposability of the General Terms

 

The fact of placing an order implies the Client’s full and unconditional acceptance of these General Terms. Any conflicting condition laid down by the Client, unless expressly accepted, shall not be opposable to the Company regardless of the time at which the Company may have been informed of such condition. The fact that the Company does not at any given time enforce any one of these General Terms shall not be construed as waiving the right to subsequently enforce any one of the said terms. The Company reserves the right to adapt or modify the General Terms. In the event of modification, the General Terms applied to any order shall be the General Terms in force on the day on which the order is placed.

 

 

Legal capacity

 

The Client declares that it possesses the capacity to enter into the present contract, the General Terms of which are presented hereafter, that is to say, for natural persons, that he/she is of legal age and not under guardianship or trusteeship.

 

Choice of the Products

 

The Client is alone responsible for the choice of the Product and its appropriateness for the Client’s needs. The Company assumes no responsibility in this respect. It is incumbent upon the Client to ask the Company for any additional information and details concerning the characteristics of the Product or its use. After the Client has obtained information on the Products marketed by the Company and verified that they are compatible with the Client’s other equipment and with the needs that it has determined, the Client records its order under its own responsibility. The Company shall not under any circumstances be held responsible for any direct or indirect damage, of any nature whatsoever, related to the use of or impossibility to use the Product sold. 

 

 

Order – Formation of the contract

 

At the time of the recording of the order placed on the Internet Site, a page entitled «Confirmation » is displayed enabling the Client to verify/change the details of its order and verify the total price. The Client confirms the order by clicking the « Confirm the order » button at the bottom of the page. This gives access to the Internet Site page where the order can be definitively confirmed through payment. After payment, the Client receives confirmation of the recording of its order from the Company (by e‑mail). We advise the Client to keep a copy of this e‑mail as proof of its order.

 

Price, payment and invoicing

 

The prices listed in the catalog are priced in euros taking into account the VAT applicable on the date of the order, any rate change will be reflected in the price of goods or services. LUDIA SARL r to change prices at any time, except that the prices contained in the catalog on the day of the order shall be applicable only to the buyer. The prices include the cost of order processing, transportation and delivery if they occur in the geographical areas set out below.

The online sale of products and services presented below applies for Clients who reside in mainland France. For other countries, extra postage cost may apply.

The Client who wishes to buy a product or service must:

 

• Fill in the form of identification which shows all the data requested.
• Complete the online order form giving all the references to products or services selected.
• Validate the order after reviewing it.
• Make payment as provided.
• Confirm the order and payment. 

• The confirmation of the order implies acceptance of these terms of sale, the recognition of having perfect knowledge and waiver of its own conditions of purchase or other conditions. All data recorded and confirmed are valid proof of the transaction. Confirmation has the value of a signature and is a valid acceptance of transactions. The seller will email confirmation of the order recorded. 

 

The Company reserves the right to change its prices at any time and undertakes to charge the prices in force at the time of the Client’s order. 

Any change in the VAT rate will be passed on to the Product price including VAT. 

Orders placed via the Internet Site are payable by credit card.

 

Carriage charges and delivery times

 

The Products ordered will be delivered to the address given by the Client during the order process, within 20 days following the payment of the order. The delivery time given above is an average time depending on the destination, the method of delivery and the availability of the Product. The Company shall not be liable for the payment of any damages in the event of the above time being exceeded. The Company reserves the right to choose the carrier and guarantees the delivery of the Products. The Company will invoice extra charges to the Client for the carriage outside Mainland France.

 

Delivery times are only indicative and, for mainland France only, if they exceed thirty days from the order, the contract may be terminated and the buyer paid. 

 

Geographical zone of delivery

 

The Company delivers the Products to Mainland France free of charge. Other countries served by the international postal services will be applied additional charges.

 

Warranty - Verification of the Products

 

It is up to the Client to verify the state of the packaging of the Products supplied and to make sure that they conform to the order placed. The Client must report damages of the Products supplied within three(3) working days from the date of the Client’s receipt of the Products to the carrier.

 

All products supplied by the seller have the legal guarantee provided by Article 1641 of the Civil Code. In case of non-compliance of a product sold, it can be returned to the Company who will exchange or refund. All claims, requests for exchange or refund must be made by postal mail at the following address: SARL LUDIA 5, rue Le Nôtre 44000 Nantes - FRANCE within thirty days of delivery. 

 

If no claim is made within the above mentioned time limit, the Products supplied  shall be deemed to conform to the order and to have been accepted by the Client. No Product shall be exchanged before having been returned to the Company and accepted by the latter, in good condition, in the same state as dispatched by the Company. In particular, the Product must not have been unsealed.

 

For all use of Diapod in a professional context a technical validation as to be made in order to keep the product warranty. To keep the warranty you must contact us, or leave us the information necessary to call you back, before passing your order.

Cancellation time

 

In accordance with the law, the Client is allowed seven (7) clear days, as from the date of receipt of its order, in which to cancel its order. During that time, the Client may, at its own expense and without any penalties, return any Product or Products that it does not find suitable. The Client may then choose between either returning the Product or Products and being reimbursed for the amount paid, or exchanging the Product or Products ordered. It is understood that the Product or Products returned at the expense of the Client must be in good condition, in the state as supplied by the Company.

 

Failing that, no exchange or reimbursement shall be made, unless the Client has proved that the Product contains a defect as specified by the article “Legal guarantee and after sale service” of these General Terms. Product returns must necessarily be made to the postal address given in the article “Legal guarantee and after sale service”.

 

Legal guarantee and after sale service

 

In accordance with articles 1641 and following of the French Civil Code, the Client shall be covered by the statutory guarantee against concealed defects. Thus, in the event of a manufacturing defect in the Product making it unfit for the use for which it was intended, the Client may apply to the Company’s after sale service by sending a recorded delivery letter with acknowledgment of receipt requested to the Company at the following address: SARL LUDIA, 5 rue Le Nôtre 44000 Nantes – FRANCE.

 

If the Client chooses to return the Product, the cost of the return will be paid by the Company on the basis of the original method of delivery. The Client acknowledges that the Company has duly fulfilled its obligation of information. 

 

Transaction security

 

Payment for purchases on line shall be made by Paypal or credit card via the site of the Crédit du Nord by means of automatic forwarding from the Internet Site to the site of the Crédit du Nord using an SSL (Secure Socket Layer) protocol. In this way, no bank details concerning the Client transit via the Company. So as to optimize the security of the transactions on Internet, a Secure Socket Layer (SSL) on line payment system encrypts the Client’s credit card details.

NB: in the event of the Client using a browser that is not compatible with the SSL system, the transaction will not be possible.

 

The Company, in the process of selling online is only bound by an obligation of means, his liability can not be held liable for damages resulting from the use of the Internet such as data loss, hacking, viruses, break service, or other unintended problems. 

 

 

 

Right of title

 

The Company retains full ownership of the Products sold until full and complete payment of the price, including charges and taxes. The mere presentation of an order to pay shall not constitute payment. The above provisions shall not debar the transfer to the Client of the risks of loss of or damage. Should the Client fail to pay the full price, including charges and taxes, the Company shall be entitled to demand the return of the goods delivered. Any expenses incurred in such returns shall be payable by the Client.

 

Nominative information

 

In accordance with law no. 78 17 of 6 January 1978 regarding data processing and freedom, the information requested from the Client is necessary for the processing of the Client’s order and is solely for the use of the Company. The Client has right of access to the information concerning it. Upon request, this information can be communicated to the Client and, in the event of error or of modification, can be rectified. The Client can also prevent the communication of this information to any third party by making a request to the Company in writing.

Force majeure

 

The Company disclaims all responsibility for any failure to fulfill its contractual obligations in the event of a force majeure or chance event, including, but not limited to, disasters, fires, strikes within or outside the Company, failures or breakdowns within or outside the Company, and in general any event preventing the satisfactory execution of the orders.

 

Entire rights and obligations

 

The General Terms and related headings (order, security, payment, delivery, guarantee, after sale service) constitute the entire rights and obligations of the Company and of the Client concerning the orders of Products on the Internet Site. No general or special term communicated by the Client shall be integrated into the General Terms. If one of the clauses of the General Terms is declared to be illegal, invalid or unenforceable by a court for any reason whatsoever, this clause shall be deemed to be dissociated from the other clauses and shall in no way affect the validity or opposability of the other clauses. 

 

Intellectual property

 

All elements of the site SARL LUDI are and remain the exclusive intellectual property of SARL LUDIA. No-one is allowed to reproduce, use, re-post, or use for any purpose whatsoever, even partially, the elements of the site, software, video or audio. Any single link or hyperlink is strictly prohibited without the express written consent of SARL LUDIA. 

 

 

Archives

 

SARL LUDIA will archive purchase orders and invoices on a reliable and durable true copy in accordance with the provisions of section 1348 of the Civil Code. The registers of ARL LUDIA will be considered by the parties as proof of communications, orders, payments and other transactions between the parties. 

 

Applicable law – Litigation

 

The General Terms shall be governed by French law. In the event of any dispute in connection with the interpretation or performance of any of the provisions of the General Terms and should the Company and the Client fail to come to an amicable agreement, the dispute shall be referred to the French courts.