General terms and conditions of sale
Article 1 - Object The present conditions govern the sales by the company Wallaby Boomerangs.
Article 2 - Prices The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. In the event of an order to a country other than metropolitan France or Canada, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not come under the jurisdiction of the Wallaby Boomerangs company. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the authorities and competent bodies of your country. We advise you to inquire about these aspects with your local authorities. All orders, whatever their origin, are payable in euros. The Wallaby Boomerangs company reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability. The products remain the property of the Wallaby Boomerangs company until the complete payment of the price. Attention: as soon as you take physical possession of the ordered products, the risks of loss or damage of the products are transferred to you.
Article 3 - Orders You can place order: Detail the chosen modalities, for example: On Internet: www.wallabyboomerangs.com Contractual information is presented in French language and will be the subject of a confirmation at the latest at the time of the validation of your order. The Wallaby Boomerangs company reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Article 4 - Validation of your order Any order appearing on the Internet site www.wallabyboomerangs.com supposes the adhesion to the present General Conditions. Any confirmation of order implies your full and entire adherence to these general conditions of sale, without exception or reserve. All the data provided and the recorded confirmation will be worth proof of the transaction. You declare that you are fully aware of them. The confirmation of order will be worth signature and acceptance of the operations carried out. A summary of the information of your order and of the present General Conditions will be communicated to you via the e-mail address of confirmation of your order.
Article 5 - Payment The fact of validating your order implies for you the obligation to pay the price indicated. The payment of your purchases is made by credit card through the secure system Paypal Europe. The debit of the card is made only at the time of shipment of the order. In case of split deliveries, only the products shipped are debited.
Article 6 - Withdrawal In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty. Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. The return costs are at your expense. In the event of exercise of the right of retraction, the Wallaby Boomerangs company will proceed to the refunding of the paid sums, within 14 days following the notification of your request and via the same means of payment as that used at the time of the order. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL In accordance with the provisions of article L.121-21-8 of the Code of Consumption, the right of withdrawal does not apply to : The supply of services fully executed before the end of the retraction period and whose execution has begun after prior express agreement of the consumer and express renunciation of his right of retraction. The supply of goods or services whose price depends on fluctuations in the financial market which are beyond the trader's control and which are likely to occur during the withdrawal period. The supply of goods made to the consumer's specifications or clearly personalised. The supply of goods which are likely to deteriorate or expire rapidly. The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection. The supply of goods which, having been delivered and by their nature, are inseparably mixed with other articles; The supply of alcoholic beverages whose delivery is deferred for more than 30 days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market which are beyond the trader's control. The supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery. The supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications. Transactions concluded at a public auction. The supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer's prior express agreement and express renunciation of his right of withdrawal.
Article 7- Availability Our products are offered as long as they are visible on the site www.wallabyboomerangs.com and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers. En case of unavailability of product after placing your order, we will inform you by mail. Your order will be automatically cancelled and no bank debit will be made.
Article 8 - Delivery The products are delivered to the delivery address indicated during the ordering process, within the time period indicated on the order validation page. In the event of a delay in shipment, an e-mail will be sent to you to inform you of any possible consequence on the delivery time that has been indicated to you. In accordance with the legal provisions, in the event of late delivery, you benefit from the possibility of cancelling the order under the terms and conditions defined in article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will proceed to reimburse it and the shipping costs under the conditions of article L 138-3 of the Consumer Code. In the event of deliveries by a conveyor, the Wallaby Boomerangs company cannot be held responsible for delay of delivery due exclusively to an unavailability of the customer after several proposals of appointment.
Article 9 - Warranty All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it may be returned, exchanged or refunded. All claims, requests for exchange or refund must be made by email within 30 days of delivery. The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions ...). The shipping costs will be refunded to you on the basis of the invoiced price and the return costs will be refunded to you on presentation of the receipts. The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 10 - Responsibility The proposed products are in conformity with the French legislation in force. The responsibility of the Wallaby Boomerangs company could not be committed in the event of nonrespect of the legislation of the country where the product is delivered. It is up to you to check with the local authorities the possibilities of importation or use of the products or services that you plan to order. In addition, the Wallaby Boomerangs company could not be held responsible for damages resulting from a misuse of the purchased product. Finally, the responsibility of the Wallaby Boomerangs company could not be committed for all the inconveniences or damage inherent to the use of the Internet network, in particular a rupture of service, an external intrusion or the presence of computer viruses.
Article 11 - Applicable law in the event of litigation The language of this contract is the French language. The present conditions of sale are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction.
Article 12 - Intellectual property All the elements of the www.wallabyboomerangs.com site are and remain the intellectual and exclusive property of the Wallaby Boomerangs company. No one is authorized to reproduce, exploit, rebroadcast, or use for any reason whatsoever, even partially, elements of the site that they are software, visual or sound. Any simple link or hypertext link is strictly prohibited without the express written agreement of the Wallaby Boomerangs company.
Article 13 - Personal data The company Wallaby Boomerangs reserves the right to collect nominative information and personal data concerning you. They are necessary for the management of your order, as well as for the improvement of the services and information that we send you. They can also be transmitted to companies that contribute to these relations, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations. In accordance with the law of 6 January 1978, you have the right to access, rectify and oppose any nominative information and personal data concerning you, directly on the website.
Article 14 - Archiving Proof The company Wallaby Boomerangs will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil code. The computerized registers of the Wallaby Boomerangs company will be considered by all the parties concerned as proof of the communications, orders, payments and transactions occurred between the parties.
Wallaby Boomerangs , 4 rue de la République, 83400 Hyères, France.