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Terms of sale

It is specified that the present conditions govern the sale by Philibert Eurl, games, figurines and books on their website www.philibertnet.com. These conditions apply to the exclusion of all other conditions.

ARTICLE 1 - PRICE

  1. The prices of our products are indicated in euros all taxes included, excluding the cost of shipping and handling (see Time and Cost). As for the price of the book, it is established in strict compliance Lang 81-766 of 10 August 1981.
  2. For orders to countries other than France, you are the importer of the goods concerned. For all products shipped outside the European Union and to the overseas territories, the price will be calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or taxes of state are likely to be due. These rights are not within the purview of Philibert Eurl. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and agencies in your country. We advise you to learn about these terms with your local authorities.
  3. All orders, regardless of their origin, are payable in euros.
  4. The products will be charged based on the rates in effect at the time of order entry.
  5. The products remain the property of Philibert Eurl until full payment.

ARTICLE 2 - ORDER

Internet: www.philibertnet.com.
You can also order by calling 03 88 32 65 35:. Monday 14 am to 19 pm, Tuesday through Friday from 10 am to 12 pm and 13 pm from 15 to 19 pm and Saturday from 10 am to 19 pm

Contractual information is presented in French and will be confirmed with all the contractual information at or before the time of delivery. Philibert Eurl reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.

ARTICLE 3 - VALIDATION

You acknowledge having read and accepted these Terms and Conditions before placing your order. The checkout process is acceptance of these Terms and Conditions.

Unless proved otherwise, the data recorded by Philibertnet constitute proof of all transactions made by Philibert Eurl and its customers.

ARTICLE 4 - AVAILABILITY

Our product offerings and prices are valid for as long as they are visible on the site, subject to availability. In this framework, information on the availability of products are provided at the time of your order. Information on the site is provided on an indicative basis (simultaneous orders or stock error). For products not stocked in our warehouses, our offers are subject to availability from our suppliers. This information comes directly from our suppliers, errors or changes may exceptionally exist).

In the event of the unavailability of a product after placing your order, we will notify you by mail or by mail upon receipt of the information received from suppliers. Your order will be cancelled and you will be refunded if your account has been debited.

Beyond a three-month period, the balances paid by credit card that are not yet fulfilled will be cancelled because of an expiration of direct debit authorization on the card used to order.

ARTICLE 5 - SHIPPING

The products are delivered to the shipping address that you specified during the ordering process. The games are sent by colissimo (48h delay) or Chronopost pick-up points (24h delay). We will send by email the parcel number that you can follow on the delivery service website.

If you buy more products at the same time and one of them is out of stock (not stated on our website), Philibert Eurl, however, reserves the right to split shipments. The participation fee for shipping and handling will be charged for one shipment. Only the shipped items will be cashed

In case of delayed shipment, an email will be sent. In this case, you have the possibility to cancel your order as long as the product is not sent.

ARTICLE 6 - PAYMENT

The payment for your purchases is made by credit card or Paypal.

The credit card payment (excluding 3D-Secure payment) is made during the processing and shipping of the order. The 3D-Secure system is used for credit card payments for the first two orders placed on our website since the 16th of May 2017.

ARTICLE 7 - MONEY BACK GUARANTEE

You have 14 days from the receipt of your parcel to return the product if it does not suit you.

Return costs will be at your charge.

Returns have to be sent to:

Philibert Eurl

6 rue de l'Ardèche

67100 Strasbourg FRANCE

Returns must be in their original packaging, complete (accessories, manuals ...) and in good condition, and accompanied by a copy of the invoice. Thank you to inform us by email or telephone.

Items returned incomplete, damaged or soiled by the customer will not be refunded.

SECTION 8 - PRODUCT COMPLIANCE

We are committing to exchange the products apparently defective, damaged or that do not correspond to your order. In this case, we thank you for agreeing to make a detailed statement in writing or by email. In case of missing parts, we will make the request to the publisher and send you the missing pieces. In case of defective products or components, please return them so that we can send the replacement parts to you. Please contact Philibert to find out how.

The shipping costs will be reimbursed based on the smallest rate available at the time of the order. In any case, you benefit from the provisions of the legal guarantee in particular those relating to warranty against hidden defects.

The provisions of this section do not prevent you from benefiting from the right of withdrawal (satisfied or refunded) provided for in article 7.

ARTICLE 9 - REFUND

Refunds of products in the cases referred to in Articles 7 and 8 will be made within 30 days or less after receipt of the products by us. The reimbursement of the shipping costs of the initial order will be based on the cheapest mode of transport offered by Philibert at the time of the order.

Refund will be made at Philibert Eurl's discretion by crediting your bank account or by bank cheque addressed to the name of the customer who placed the order and to the billing address. No cash on delivery will be accepted, for any reason whatsoever.

ARTICLE 10 – DEMATERIALISED GOODS


Specific terms of sale for dematerialised goods

The latest version of Adobe Acrobat Reader is required to read the PDF contents. This software is free of use and you can download it here.
These terms and conditions as well as the technical constraints are presumed known and accepted during the order. Under no circumstances a complaint or an indemnity request can be claimed on the basis of a misreading or a refusal of the terms and conditions nor the technical constraints.

Technical measures for protection

We draw the buyer’s attention to the fact that the files are, with some exceptions, protected from copies by technical measures or Digital Rights Management systems and are watermarked (last and first name, email adress, order number).
The digital files offered by Philibert EURL are only intended for personal usage, the copy, showing or public usage are forbidden and expose the author to legal proceedings intended by the intellectual property code.

Order and delivery

Starting from your payment’s validation, the order is confirmed and cannot be cancelled nor refunded.
After validation of your order, you will get an email notification of order confirmation to the adress associated with your customer account. This email contains a link to a web page where you will be able to download the digital files that you ordered. The sending of this e-mail is considered as acknowledgement of receipt of your order.Access to the purchased files is only available to you for your personal use and remains valid indefinitely from the time you place your order.
You will be able to find all the files of dematerialized products purchased in the "My downloadable products" section of your account on the Philibert Eurl website.
Once you receive the download links for the ordered digital files, you will no longer have any possibility to cancel your order and the price of your purchase will be debited automatically, even if you decide later on to waive the download of the said files.
As soon as the download links are sent, orders for digital files are deemed firm and definitive and cannot give rise to any exchange or refund.
The withdrawal period of fourteen days opened by article L. 121-20-20 of the Consumer Code cannot apply, as long as the order has been executed by sending download links, which is equivalent to a final delivery of the product.
In the event of difficulties, especially if you do not receive download links, or if you have a reading problem on the email address associated with your customer account, you can contact Philibert Eurl via the customer service address: [email protected]

Liability

Philibert Eurl cannot be held responsible for the limitations related to the Internet network and in particular for its technical performance and response times when consulting, querying or transferring data. In addition, it is your responsibility to take all appropriate measures to protect your own data and software from contamination by computer viruses.
In some countries, the laws in force prohibit or restrict free access to certain works; you agree to verify that, in accordance with the law of the place of order, there are no such prohibitions or restrictions regarding the digital files ordered.
Philibert Eurl cannot be held responsible for any malfunction that may occur when downloading the ordered digital files and which would not be their fault.

ARTICLE 11 - CUSTOMER SERVICE

For any information or questions, our customer advisers are at your disposal:

ARTICLE 12 - INTELLECTUAL PROPERTY

All texts, comments, works, illustrations and images reproduced on the philibertnet.com sites are reserved under copyright law, as well as intellectual property rights, and this for the whole world. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the philibertnet.com website is strictly prohibited.

The digital files ordered, their content, as well as all the elements reproduced on the download site of digitised products under this service (in particular texts, comments, illustrations and iconographic documents) are protected by the Intellectual Property Code in France and by foreign legislation governing copyright and related rights, trademark law, design law, patent law.
For this reason, the works of the mind that are presented and offered for downloading and reading are only intended for strictly personal, private and free use. Any reproduction, adaptation or representation in any form and by any means, including but not limited to resale, exchange, rental or transfer to a third party, is strictly prohibited.
The files of the digital products offered on Philibert Eurl's website are protected by technical protection measures or Digital Rights Management systems, i. e. protection systems allowing to control their use and in particular their copy. Their aim is to offer the client maximum flexibility in the use of downloaded recordings while protecting the rights of authors, performers and publishers of works. The customer undertakes not to circumvent or interfere with the technique for the control of use of digital files downloaded and any device pursuing the same objective.
These technical protection measures are governed by LAW No. 2006-961 of 1. August 2006 on copyright and related rights in the information society. Any attempt to circumvent these measures is subject to penalties provided for in the same Act. More generally, any use outside the framework defined in these general terms and conditions would be equatable with an act of counterfeiting, which exposes the customer to legal, civil or criminal proceedings under the laws and regulations in force.

ARTICLE 13 - LIABILITY

The products offered comply with current French legislation. Philibert Eurl cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered (for example in the event of a ban on a title...). It is your responsibility to check with local authorities about the possibilities of importing or using the products or services you plan to order.

The photos are provided for illustrative purposes. We invite you to refer to the description of each product to know its precise characteristics; in case of a doubt or if you wish additional information, do not hesitate to contact us (+33(0)3.88.88.32.65.35).

Philibert Eurl is only responsible for the content of the pages it publishes through its website philibertnet.com.

In the event of a manifest error between the characteristics of the product and its representation and/or the conditions of sale, Philibert Eurl cannot be held liable.

ARTICLE 14 - APPLICABLE LAW - DISPUTES

This contract is subject to French law.

The language of this contract is the French language.

In the event of a dispute, the French courts shall have sole jurisdiction.

ARTICLE 15 - PERSONAL INFORMATION

The information and data regarding yourself are necessary for the management of your order and our commercial relations. In accordance with the Data Protection Act of the 6th of January 1978, you have the right to access and rectify any personal data concerning yourself. All you have to do is write to us online or by mail at:

Philibert Eurl
12 rue de la Grange
67000 Strasbourg

Please provide us with your family name, first name, E-mail, address and if possible your customer reference.

CNIL Declaration n°1531391

 

APPENDIX

Article L211-4 of the Consumer Code

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.

NB: Order 2005-136 2005-02-17 Article 5: The provisions of the present order shall apply to contracts concluded subsequent to its entry into force.

Article L211-5 of the Consumer Code

To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:

     - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

     - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

NB: Order 2005-136 2005-02-17 Article 5: The provisions of the present order shall apply to contracts concluded subsequent to its entry into force.

Article L211-12 of the Consumer Code

Action resulting from lack of conformity lapses two years after delivery of the product.

NB: Order 2005-136 2005-02-17 Article 5: The provisions of the present order shall apply to contracts concluded subsequent to its entry into force.

Article 1641 Civil Code

The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.

Article 1648 Civil Code section 1

An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.


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