The sales terms are concluded on the one hand by the company F. H. Diebold EI whose head office is located in Lingolsheim, registered under number 752468215 in the business directory, hereinafter referred to as the seller and managing the site gondwanafossils.com and, on the other hand, by any natural or legal person wishing to make a purchase via the website gondwanafossils.com, hereinafter referred to as the buyer.
Article 1. Object
The sales terms, hereinafter referred to as the terms, aim to define the contractual relations between the seller and the buyer and the conditions applicable to any purchase made through the website gondwanafossils.com. The acquisition of a product through this site implies unreserved acceptance by the buyer of the terms, of which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares that he has full legal capacity, allowing him to commit to these general conditions of sale.
The seller retains the possibility of modifying the terms at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
Article 2. Products
The products offered are those listed on the seller’s website, gondwanafossils.com, while stocks last. The seller reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description including its main technical characteristics (measurements, weight, possible restorations). The photographs are as faithful as possible but do not commit the seller in any way. The sale of the products presented on gondwanafossils.com is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.
Article 3. Prices
The prices appearing on the website are prices in Euros (€ / EUR) excluding taxes. No VAT is due or recoverable (VAT not applicable, art. 293b of the General Tax Code). The seller reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased depending on the total amount of the order.
Article 4. Order and payment terms
Before any order, the buyer must create an account on the gondwanafossils.com website. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile), must identify himself using this information. The buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier.
The seller offers the buyer to order and pay for their products in several stages, with three payment options:
– Payment by bank transfer: the buyer chooses the payment method: “Bank transfer”. In order to finalize his payment and trigger the processing of his order, the buyer must contact his bank in order to make the transfer corresponding to the amount of his order to the seller’s bank account, the details of which are communicated to the buyer. Any costs incurred are the responsibility of the buyer.
– Secure payment by Paypal or credit card (via Paypal): the buyer chooses the payment method: “Paypal”. The buyer is redirected to the secure Paypal interface in order to securely enter their Paypal account or personal credit card details. If payment is accepted, the order is recorded and the contract is definitively formed. Payment by Paypal account or credit card is irrevocable.
– Secure payment by credit card (via Stripe): the buyer chooses the payment method: “Credit/Debit Cards”. The buyer securely enters their personal credit card details. If payment is accepted, the order is recorded and the contract is definitively formed. Payment by credit card is irrevocable.
In the unusual event of fraudulent use of the bank card, the buyer may demand the cancellation of the card payment, the sums paid will then be recredited or returned. The liability of the bank card holder is not incurred if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of their card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the card holder must contest, in writing, the debit with their bank, within 70 days following the transaction, or even 120 days. if the contract binding him to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum period of one month after receipt of the written dispute filed by the holder. No costs for returning the sums may be charged to the holder.
Finally, the last step asks the buyer to check all the information, read and accept the terms by checking the corresponding box, then invites him to validate his order by clicking on the “Confirm order” button. This last click forms the definitive conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of their order.
Confirmation of an order entails acceptance of the terms, acknowledgment of having perfect knowledge of them and waiver of the right to rely on one’s own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an email address and has provided it on their order form, the seller will send them confirmation of the registration of their order by email.
The seller will process the order and ship the products as soon as possible after receipt of the transfer corresponding to the order, subject to provisions.
If the buyer wishes to contact the seller, he can do so either by return e-mail or through the contact form on the website.
Article 5. Reservation of ownership
The seller retains full ownership of the products sold until full payment of the price, in principal, costs included.
Article 6. Withdrawal
Under article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from delivery of the order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except return costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form. Orders are shipped by Colissimo (French Post) or by DHL, delivery services with tracking, delivery with signature. Delivery times are given for information purposes only; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. The seller will provide the buyer with the tracking number of their package by email. The buyer is delivered to his address by the carrier. In the absence of the buyer, he will receive a delivery notice, which will allow him to collect the order from the nearest post office, during a period indicated by the postal services. The risks associated with transport are the responsibility of the buyer from the moment the items leave the seller’s premises. The buyer is required to check, in the presence of the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8. Guarantee
All products supplied by the seller benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code. In the event of non-compliance of a product sold, it may be returned to the seller who will take it back, exchange it or reimburse it. All complaints, requests for exchange or refund must be made by post or by e-mail, within thirty days after delivery.
Article 9. Liability
The seller, in the distance selling process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other unintentional problems.
Article 10. Intellectual property
All elements of the gondwanafossils.com site are and remain the intellectual and exclusive property of the seller. No one is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site, whether in the form of photos or text.
Article 11. Personal data
The seller undertakes to preserve the confidentiality of the information provided by the buyer that he may be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address:
F.H. Diebold
Poste restante
54 rue du Maréchal Foch
67380 LINGOLSHEIM
FRANCE
Article 12. Dispute resolution
These distance selling conditions are subject to French law. For all disputes, the competent court will be that of Strasbourg.
