GENERAL TERMS AND CONDITIONS OF SALE
Last modification on 01/12/2022
ARTICLE 1 - CONTENTS AND FIELD OF APPLICATION
These general terms and conditions of sale ("GTCS") apply automatically to all orders placed by any customer, natural or legal person (the "Customer" or "you"), with the company DOLOMEDE EVIKE EUROPE (The "Seller", "DOLOMEDE EVIKE EUROPE" or "we") located at 40 boulevard Henri-Sellier in Suresnes (92150) France (the "Headquarters"), whose registration number is 431 984 533 / VAT: FR49431984533, and to all invoices issued by it.
They apply to the exclusion of all other conditions, and in particular those applicable to sales on Internet or through other distribution and marketing channels.
ARTICLE 2 - PRE-CONTRACTUAL INFORMATION
2.1 Prior to the immediate purchase or the placing of the order and the entering into of the contract, these GTCS are made available to the Customer for information purposes, who acknowledges having read them and understood them.
Prior to placing the order and concluding the contract, the Customer acknowledges accepting the GTCS and all the information listed in Article L. 221-5 of the French Consumer Code. In this respect, they are enforceable towards him in accordance with the terms of Article 1119 of the French Civil Code.
In the event of a breach by the user of the present GTCS, the company DOLOMEDE EVIKE EUROPE reserves the right to suspend the sale without prejudice to all damages that it could claim to the Customer.
2.2 The company DOLOMEDE EVIKE EUROPE reminds that the distribution and the marketing of the replicas are subject to the strict compliance with the applicable legal and statutory provisions, and in particular to those of the French decree n° 99-240 of March 24, 1999 relating to the conditions of marketing of certain objects having the appearance of a firearm which provides in particular that:
• Article 1: The offer, sale, distribution free of charge or provision free of charge of new or second-hand objects having the appearance of a firearm, intended to launch rigid projectiles, when they develop in the mouth a muzzle energy greater than 0.08 joule and less than or equal to 2 joules, are regulated under the conditions defined by this decree.
• Article 2: The sale, the distribution free of charge to minors or the provision to them for a fee or free of charge of the products referred to in Article 1 of this decree are prohibited.
DOLOMEDE EVIKE EUROPE will not be held accountable in the event of resale of a replica to a person not fulfilling the conditions in force in the country of residence.
The acceptance of the present GTCS implies that the Customer took well knowledge of this decree, of the GTCS as well as, if necessary, the regulation of his country of residence or the country of destination of the ordered products.
DOLOMEDE EVIKE EUROPE cannot be held responsible for the persons who do not comply with the regulation in force in their country.
ARTICLE 3 - PRODUCTS AND SERVICES OFFERED
3.1 All products ("Product") or services ("Service") offered by DOLOMEDE EVIKE EUROPE are available online on our website www.evike-europe.com ("Website"). These Products or Services may be available in limited quantities and may only be returned or exchanged in accordance with our return policy.
We do our best to display, describe and present the Products and their essential characteristics as clearly as possible. However, we cannot ensure a perfect similarity with the Products offered (for example: colors of the Products from a screen).
3.2 We reserve the right to limit or stop sales of any of our Products or Services to any person, and in any geographical area or jurisdiction. This right may be exercised on a case-by-case basis.
We also reserve the right to limit the quantities of any type of Products or Services we offer. All Product descriptions and prices are subject to change without notice at our sole discretion.
Any offer for a Service or Product made on this site is void where it is prohibited by law.
ARTICLE 4 - ORDER
4.1 An "order" may be defined as any order for our Products listed in the Seller's price list, and accepted by the Seller, accompanied by the payment of the deposit, if any, specified on the order form.
4.2 Before any order, the Customer commits himself to read the latest version of the applicable GTCS on the Website of DOLOMEDE EVIKE EUROPE at the address www.evike-europe.com. Any order implies the acceptance of the GTCS of DOLOMEDE EVIKE EUROPE in their latest updated version, at the day of the order.
Any order received by the Seller is considered firm and final. It involves adhesion and full acceptance of these GTCS and obligation to pay for the Products ordered.
4.3 Any order, to be valid, must be established on the Seller's order forms. The orders are made on the site www.evike-europe.com.
DOLOMEDE EVIKE EUROPE retains the right, as of receipt of the Customer’s order, to accept it, to reject it or to make reservations. An acknowledgement of receipt does not constitute an acceptance of order by DOLOMEDE EVIKE EUROPE. The Customer accepts to receive his invoices electronically.
ARTICLE 5 - DELIVERY AND TERMINATION OF THE CONTRACT
5.1 The Customer must provide a delivery address in the geographical areas deliverable by DOLOMEDE EVIKE EUROPE.
The delivery is made only to the address indicated by the Customer during the completion of his order. The Customer is required to update and / or check regularly his details on the site of DOLOMEDE EVIKE EUROPE, if they are not accurate at the time of the order no claim can be made for failure to receive.
5.2 In case of delivery error (error of addressee or Products delivered not matching the order), DOLOMEDE EVIKE EUROPE will pay the costs of return and forwarding.
5.3 In the event of out-of-stock of an article, DOLOMEDE EVIKE EUROPE reserves the right to split the order if it includes several articles. In this case, the additional shipping costs shall be borne by DOLOMEDE EVIKE EUROPE.
5.4 Each customer orders in knowledge of the rules specific to his country. If shipments are stuck or returned to sender, DOLOMEDE EVIKE EUROPEcannot be held responsible. In case of request for refund or new shipment, the shipping costs remain the responsibility of the Customer.
5.5 In case of failure by DOLOMEDE EVIKE EUROPE to its obligation of delivery at the date indicated at the time of the conclusion of the sale or at the expiration of the 30 days deadline after the conclusion of the contract for France metropolitan code and 60 days for the rest of the world, the Customer can cancel the contract, under the conditions of the articles L. 216-2, L. 216-3 and L. 216-4 of the French Consumer Code, by registered letter with request for notice of reception or by a writing on another durable medium, if, after having enjoined, according to the same modalities, the professional to carry out the delivery or to supply the service within a reasonable additional time, the latter did not execute within this period.
The contract is considered to be terminated upon receipt by DOLOMEDE EVIKE EUROPE of the letter or writing informing of such termination, unless DOLOMEDE EVIKE EUROPE has executed in the meantime.
5.6 In case of missing or damaged goods during transport, the Customer will have to formulate all precise and motivated reserves on the title of transport at reception of the aforementioned goods, by indicating the missing and/or damaged references.
These reservations must also be confirmed in writing within three (3) working days following delivery, by registered letter with acknowledgement of receipt addressed to the carrier.
The Customer undertakes to communicate simultaneously to DOLOMEDE EVIKE EUROPE the copy of the aforementioned letter of reserves by registered letter with acknowledgement of receipt addressed to the Headquarters of DOLOMEDE EVIKE EUROPE. Any return of material must be the subject of a preliminary agreement of DOLOMEDE EVIKE EUROPE. By signing the delivery note without expressing any reservations, the Customer accepts the goods and waives any claim against DOLOMEDE EVIKE EUROPE.
For information purposes, in case of doubt, the Customer has the right to verify the contents of the package containing the goods in the presence of the carrier, before signing the delivery order. The carrier is not able to object to this.
5.7 In case of orders to some countries and in particular those located outside the European zone (for example: French overseas territories, United Kingdom...), customs duties or other local taxes (local VAT, customs tax, import duties, etc.) may be due. These duties are the exclusive responsibility of the Customer and are the sole responsibility of the Customer in terms of declaration and payment to the relevant authorities.
Shipping costs are charged with a flat rate depending on the shipping method chosen and are determined by zones grouping one or more countries.
DOLOMEDE EVIKE EUROPE reserves the right to modify the price of these fees at any time and without notice.
ARTICLE 6 - WITHDRAWAL PERIOD
In accordance with the law, consumers in the European Union have a period of 14 calendar days to exercise their right of withdrawal by contacting the after-sales service to inform them of their desire to withdraw from all or part of their order.
This 14-day period runs from the date of receipt of the Product(s) by the Client. If this period expires on a Saturday, Sunday or holiday, it is extended to the first business day.
Once this period expires, the Client no longer has this right of withdrawal.
Thereafter, the Customer has 14 days following the communication of his decision to withdraw to return, at his own expense, the Products that do not suit him.
In order to exercise your right of withdrawal and to proceed to the return of the unwanted Product(s), please follow the steps below:
- Contact the Customer Service of www.evike-europe.com via the "contact us" button available at the bottom of each page, or at the following email address: firstname.lastname@example.org ;
- The Customer Service will give you your Return Authorization Number, as well as the return instructions;
- Once the withdrawal request has been made to our Customer Service within the legal deadline, you must return your Product(s) within a maximum of fourteen (14) calendar days. To do so:
·As soon as you receive the documents, print your return form and the prepaid label if you have opted for this return method;
· Prepare your package by repackaging the items in their original packaging or in the absence of suitable packaging, insert the return form in it, and affix the return slip to the package (the slip must not be affixed to the product under any circumstances).
·Finally, deposit your package at the Post Office or at a collection point, depending on the option chosen, so that it can be sent to the address indicated by the Customer Service.
The returned Product(s) must be intact and complete, in their original packaging or a suitable packaging, and must not have been used.
Unless otherwise stipulated by law, the cost of returning the Product(s) when exercising the right of withdrawal shall be borne by the Customer. The Client is therefore informed that all costs and risks related to the return of the Product(s) to the Seller shall be borne by the Client.
The exercise of the right of withdrawal gives rise to a refund of the sums paid within fourteen (14) days from receipt of the package. This period may be extended to the day of receipt of your package if you are unable to provide us with proof of shipment of your products.
The terms of refund are as follows:
- In case of total cancellation of your order, you will be refunded the full amount of the sums deducted;
- In case of partial cancellation of your order, you will be refunded the amount corresponding to the Product(s) cancelled on the day of purchase.
ARTICLE 7 - PRICES
7.1 All prices displayed on the Website are expressed in legal currency and are inclusive of all taxes.
7.2 The prices are firm and final. The prices of the Products sold are those displayed on the Website on the day of the order.
ARTICLE 8 - PAYMENT
8.1 The payment of the goods and the shipping costs related to the preparation and the expedition of the order is made at the time of the order. No goods are shipped before the full payment of the order.
8.2 The payment of the order can be made via 2 different methods of payment:
1. Credit card via the secure platform PayPlug or Alma (in case of delayed payement).
ARTICLE 9 - GUARANTEES
9.1 In accordance with articles 1641 and following of the French Civil Code, DOLOMEDE EVIKE EUROPE warrants that the Products will be free from any hidden defect. This guarantee is exclusive of any other guarantee, in particular any guarantee of result as to the satisfaction of the client's specific needs.
9.2 DOLOMEDE EVIKE EUROPE warranties the conformity of the goods objects of the contract, allowing the Customer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects of the thing sold within the meaning of Articles 1641 et seq. of the French Civil Code.
Any action resulting from a breach of conformity is barred after a period of two (2) years from the delivery of the good.
9.3 Electric, gas and with manual reloading replicas weapons bought on the Website of DOLOMEDE EVIKE EUROPE are covered by a mechanical and electronic guarantee of 12 months within the framework of a reasonable use and of no aesthetic and mechanical modification, according to the technical prescriptions of the manufacturer.
This guarantee is the subject of a written contract, a copy of which is given to the Customer and specifying the object of the guarantee, the methods of its implementation, its price, its duration, its territorial extent.
It does not cover defects caused by improper or wrongful use or resulting from a cause unrelated to the inherent qualities of the Products.
9.4 In addition, batteries or other parts subject to wear and tear sold are covered by a 14-day warranty against any manufacturing defect.
Malfunctions or damage caused by improper use of the battery or other parts are excluded from the warranty.
The warranty is personal and applies only to natural persons. Legal entities cannot benefit from it. Finally, the warranty cannot be transferred to a third party.
Any operation carried out on a returned Product, which would not have been reported and/or approved by a technician of DOLOMEDE EVIKE EUROPE could lead to a refusal of repair.
ARTICLE 10 - LEGAL GUARANTEE OF CONFORMITY
The Customer benefits from the legal guarantee of conformity. Within the framework of the implementation of this one, it is recalled that:
• the Customer has a period of 2 years from the delivery of the goods to act;
• the Customer may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
• the Customer is exempted from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.
ARTICLE 11 - FORCE MAJEURE
Neither party shall be held liable for its delay or failure to perform any of its obligations under these GTCS if such delay or failure is the direct or indirect effect of a force majeure event ("Force Majeure") as defined in Article 1218 of the French Civil Code.
In addition, the parties expressly agree that the following events shall constitute Force Majeure:
• occurrence of a natural disaster
• earthquake, storm, fire, flood etc.
• armed conflict, war, conflict, attacks
• labor dispute, total or partial strike at DOLOMEDE EVIKE EUROPE or the Customer
• labor dispute, total or partial strike at the subcontractors, service providers, carriers, post office, public services, etc.
• imperative injunction of the public authorities (prohibition to import, embargo)
• operating accidents, machinery breakdown, explosion
• any pandemic recognized by the World Health Organization or any state of health emergency declared by the state authorities of a territory in which the Parties and/or their subcontractors operate.
The party invoking Force Majeure shall take all reasonable measures to limit the negative consequences of the Force Majeure event for the other party.
In the event of a temporary impediment, the performance of the obligations rendered impossible by the Force Majeure event shall be suspended for the duration of such Force Majeure event. If the Force Majeure event lasts more than sixty (60) days, either party may terminate the contract by giving the other party thirty (30) days' written notice.
In the event of a permanent impediment, the contract will be automatically terminated and the parties will be released from their obligations.
ARTICLE 12 - PROMOTIONS AND LOYALTY PROGRAM
12.1 DOLOMEDE EVIKE EUROPE offers occasional promotions on its Products.
In addition, DOLOMEDE EVIKE EUROPE provides a loyalty program that allows members to enjoy a percentage discount on all Products sold by DOLOMEDE EVIKE EUROPE, according to a scale. Explication of the point scale by clicking here.
12.2 DOLOMEDE EVIKE EUROPE reserves the right to modify this scale at any time and without notice.
ARTICLE 13 - INTELLECTUAL PROPERTY
13.1 All the trademarks/licenses and logos as well as all the components constituting the Website (software, programs, programming and navigation tools, databases, operating systems, documentation, updates and new versions that may be introduced, systems, source codes, structures, infrastructures, graphic elements, editorial content, texts, images, visuals, photographs and all other elements and services that compose it, etc. ) are the property of the company DOLOMEDE EVIKE EUROPE and are protected by all intellectual property rights and / or common law in force.
13.2 Customers undertake not to make any use of these elements that may infringe industrial or intellectual property rights of DOLOMEDE EVIKE EUROPE and undertake not to disclose them to any third party.
ARTICLE 14 - PROTECTION OF PERSONAL DATA
The Customer personal data are processed only by DOLOMEDE EVIKE EUROPE, data controller.
The Customer’s personal data are necessary for the management of your order and our commercial relations.
14.1 Collection of the personal data
The personal data which are collected on this Website are the following:
When the Customer's account is created, his name, first name, e-mail address and date of birth are recorded.
When the Customer connects to www.evike-europe.com, the Customer's name, first name, connection data, usage data and location data are recorded.
The payment of the Products offered on the Website invites the Customer to fill in a profile with an address and a telephone number.
Cookies are used in the context of the use of the Website. The Customer has the possibility to deactivate the cookies from the settings of his browser.
14.2 Use of personal data
The personal data collected from Customers is used to provide and improve the platform's services and to maintain a secure environment. More specifically, the uses are as follows:
• access and use of the Website by the Customer;
• management of the operation and optimization of the Website;
• verification, identification and authentication of data transmitted by the Customer;
• offering the Customer the possibility to communicate with other users of the Website;
• implementation of Customer assistance;
• personalization of services by displaying advertisements based on the Customer's browsing history, according to his/her preferences;
• prevention and detection of fraud, malicious software and management of security incidents
• management of possible disputes with customers;
• sending commercial and advertising information, according to the preferences of the Customers.
14.3 Conservation periods of personal data
The data will be kept for a period of:
• 3 years from the last activity of the Customer on the Website or 6 years after the last order unless otherwise provided by law;
• 13 months concerning the statistics of audience measurement and the data of frequentation of the Website;
• 10 years concerning the Customer's past invoices.
14.4 Security and confidentiality
The Website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.
14.5 Implementation of users' rights
In accordance with the GDPR, Customers have the following rights:
• update or delete their data by logging into their account and configuring the settings of this account;
• delete their account by writing to the following email address: email@example.com. It should be noted that information shared with other users, such as posts on forums or blogs, may remain publicly visible on the platform, even after deleting their account;
• exercise their right of access, to know the personal data about them, by writing to the following e-mail address: firstname.lastname@example.org. In this case, before implementing this right, DOLOMEDE EVIKE EUROPE may request proof of the user's identity in order to verify its accuracy;
• if the personal data held are inaccurate, request the update of the information, writing to the following email address: email@example.com;
• users may request the removal of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: firstname.lastname@example.org.
You can also write to us by mail for any request to exercise your rights on this treatment:
DOLOMEDE EVIKE EUROPE
40 boulevard Henri-Sellier
If you wish to obtain more information on the treatment of your personal data, you are invited to refer to the tab "Personal Data" of the Website.
14.6 Evolution of the present clause:
DOLOMEDE EVIKE EUROPE reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this privacy statement, DOLOMEDE EVIKE EUROPEundertakes to publish the new version on its website.
DOLOMEDE EVIKE EUROPE will also inform the users of the modification by e-mail, at least 15 days before the effective date. If the Customer does not agree with the terms of the new wording of the clause of protection of personal data, he has the possibility of removing his account.
ARTICLE 15 - E-CARDS
15.1 DOLOMEDE EVIKE EUROPE offers, on its Website, the possibility to benefit from an e-Gift Card.
The e-Gift Card is sold only on the Website under the conditions described in the GTCS. These GTCS apply from the moment of purchase of the e-Gift Card and are valid until the balance of the e-Gift Card is exhausted or the expiry date of the e-Gift Card is reached.
The GTCS are deemed to have been accepted at the time of purchase of the e-Gift Card.
15.2 The e-Gift Card is valid for twelve (12) months from the date of purchase on the Website.
Once the validity period has expired, the e-Gift Card can no longer be used. The remaining balance on the e-Gift Card will be lost. The e-Gift Card cannot be renewed or exchanged.
15.3 The e-Gift Card can only be used by a natural person of legal age.
It can be used as a means of payment during its validity period, only to pay for an order placed on the Website and within the limit of its credit.
For a single order, only one (1) e-Gift Card can be used.
If the balance on the e-Gift Card is not sufficient to cover the amount of the order, the beneficiary (“Beneficiary”) can complete the order by another payment method (credit card or Paypal).
The balance of the e-Gift Card can be known by logging into the customer account on the Website of DOLOMEDE EVIKE EUROPE.
In case of return of all or part of the order paid in whole or in part with the e-Gift Card, the refund will be made on the e-Gift Card which will be automatically re-credited with the amount of the returned item, within the limit of the amount initially paid by this same means of payment. It is important that the Beneficiary keeps the e-Gift Card and its unique code (the dematerialized e-Gift Card received by e-mail containing the validity code) during the withdrawal period. In the event that the validity period of the e-Gift Card has expired at the time of the refund, the refund will be made in the form of a voucher valid on the Products sold and shipped by DOLOMEDE EVIKE EUROPE.
The e-Gift Card can neither be exchanged nor resold, and cannot give rise to any monetary consideration.
In case of difficulty in using or malfunctioning of the e-Gift Card, the recipient should contact the Customer Service of DOLOMEDE EVIKE EUROPE.
15.4 The Beneficiary is responsible for the e-Gift Card that he/she purchases. Lost or stolen e-Gift Cards may nevertheless be subject to a stop payment request, provided that the e-Gift Card is still valid. Amounts already used prior to the stop payment request will not be refunded.
ARTICLE 16 - THIRD PARTY LINKS
Some of the content, Products and Services available (for example: forum or blog) through our Website may include material from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for the content, websites, products, services, or other items accessible on these third-party sites.
We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content, or any other transaction conducted in connection with such third-party websites.
ARTICLE 17 - TRANSFER OF RISKS
The transfer of ownership and the risks of loss and deterioration relating thereto, is only realized at the moment the carrier takes charge of the purchased Product.
ARTICLE 18 - LANGUAGE OF THE CONTRACT
The present GTCS are written in French and English. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 19 - MEDIATION
19.1 In case of disagreement / dispute concerning a Service or a Product related to DOLOMEDE EVIKE EUROPE, the Customer can address a motivated complaint to our Customer Service by e-mail to the address email@example.com or to the following postal address:
DOLOMEDE EVIKE EUROPE
2 Rue Mickaël Faraday, 41260 La Chaussée-Saint-Victor
19.2 The Customer may have access to a conventional mediation, in particular with the Commission for Consumer Mediation or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
You can contact the Consumer Mediator free of charge, who will try to bring the parties together in order to find an amicable solution:
14 Rue Saint-Jean, 75017 Paris
01 89 47 00 14
To resolve a dispute following a purchase made on www.evike-europe.com, you can also resort to the European Union mediation platform accessible at the following address: http://www.ec.europa.eu/odr
ARTICLE 20 - COMPETENT JURISDICTION
Any dispute to which the purchase and sale operations concluded in application of the present GTCS could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved amicably between the Seller and the Customer, is subject to French law.
In the absence of amicable resolution, the dispute shall fall under the exclusive jurisdiction of the judicial court. In all cases, the Customer may also bring the matter before the court of his place of residence.
ARTICLE 21 - MODIFICATION TO THE GTCS
DOLOMEDE EVIKE EUROPE reserves the right to modify the GTCS at any time. In such a case, the Client will be informed of the new version of the GTCS at the time of his next order and will be able to consult them at any time from the Website. The Client is informed that any order placed on the Website after the entry into force of the new version of the GTCS will imply full and complete acceptance of the latter. The Client who does not wish that the contractual relations with DOLOMEDE EVIKE EUROPE are governed by the new version of the GTCS applicable to any new order, will have to stop ordering on the Website.
ARTICLE 22 - DEACTIVATION OF THE CLIENT ACCOUNT
The non-respect by the Client of the obligations agreed under the terms of the present GTCS, any incident of payment of the price of an order, actions contrary to the interests of DOLOMEDE EVIKE EUROPE, the delivery of false information at the time of the creation of the account, can lead to the suspension of the access to the Website, even the cancellation of its account according to the degree of gravity of the actions in question, without it being able to be claimed of the damages or compensations whatever they are to the company DOLOMEDE EVIKE EUROPE.
DOLOMEDE EVIKE EUROPE reserves the right to refuse any order from a Client with whom there would be such a dispute, even if he uses a new account.
For any specific question, the customer service is accessible by e-mail at firstname.lastname@example.org.