Terms and conditions of sale and use
Access to and use of the site "ADAPT-IV.COM" are governed by these Terms and Conditions of Use. Access to and use of this website, and purchases of ADAPT-IV.COM products, presuppose that these Terms and Conditions of Use have been read, understood and accepted.
This website is managed by the Company ADAPT-IV, a simplified joint stock company with share capital of 10,000 euros (hereinafter referred to as "ADAPT-IV S.A.S."), domiciled at 444 rue Paradis, 13008 Marseille and registered with the commercial and companies register under the number 812 132 959 RCS Marseille. Telephone number: 04 82 53 61 43 – Company e-mail address: firstname.lastname@example.org
The publishing director of the Site is the President of the Company ADAPT-IV.
ADAPT-IV S.A.S. may modify or simply update these Terms and Conditions of Use in full or in part. Modifications and updates of these Terms and Conditions of Use will be announced on the ADAPT-IV.COM home page as soon as they are adopted, and will take effect as soon as they are published in this section of the website.
Access to and use of ADAPT-IV.COM, including displaying web pages, communicating with ADAPT-IV S.A.S., the option of downloading information about our products and the purchase of products via the website constitute activities carried out by our customers exclusively for their own personal use, which must therefore be entirely unrelated to any commercial or professional activity.
We remind you that you have sole responsibility for the use of the ADAPT-IV.COM website and its content. Except in the case of deceit or serious misconduct on the part of ADAPT-IV S.A.S., ADAPT-IV S.A.S. can never be held liable for use of the Site, or of any content of the Site produced by customers, that does not comply with the applicable laws and regulations.
In particular, you will be solely liable for communicating information and data that is incorrect, false or relating to third parties without their consent and for any non-compliant use of this data.
The offering and sale of products on our website ("ADAPT-IV.COM") are governed by these Terms and Conditions of Sale.
Products bought at ADAPT-IV.COM are sold directly by the Company ADAPT-IV ("ADAPT-IV S.A.S." or "the Seller"), a simplified joint stock company with share capital of 10,000 euros (hereinafter referred to as "ADAPT-IV S.A.S."), domiciled at 444 rue Paradis, 13008 Marseille and registered with the commercial and companies register under the number 812 132 959 RCS Marseille. Telephone number: 04 82 53 61 43 – Company e-mail address: email@example.com
1. Sales policy
1.1 - ADAPT-IV S.A.S. sells its products using its own services and its own website solely to "end consumers". We use this term to refer to any natural person using ADAPT-IV.COM for purposes unrelated to any business or professional activity they may practise.
1.2 - We use the term "end consumer(s)" to refer to any natural person operating for purposes unrelated to any business or professional activity they may practise. If you are not an end consumer, we ask you not to undertake commercial transactions via ADAPT-IV.COM and to contact us directly by e-mail at firstname.lastname@example.org or by telephone on +33 6 11 55 49 26.
1.3 - Given the commercial policy described above, ADAPT-IV.COM reserves the right to refuse orders from any person who is not an end consumer or orders that do not conform to its commercial policy as defined in these Terms and Conditions.
2. Purchases on the ADAPT-IV.COM site
2.1 - To secure a contract to purchase one or more products via ADAPT-IV.COM, you must complete the order form in electronic form and send it to us electronically according to the instructions provided.
2.2 - The order form includes a summary of the Terms and Conditions of Sale, information about the essential characteristics of each product ordered and the relevant price (including applicable taxes and charges), the methods of payment you can use to buy each product and the delivery terms and deadlines for the products purchased, the dispatch and delivery costs, the conditions for exercising your right to withdraw and the terms and deadlines for returning products purchased.
2.3 - The contract is considered secured when the Company ADAPT-IV receives your order form electronically and the accuracy of the order details has been verified.
2.4 - Before proceeding with a purchase by submitting the order form, we ask you to read these Terms and Conditions of Sale carefully and print out or save a copy for your own personal use.
2.5 - The order form will be archived in our database for the time needed to process and dispatch your order and in accordance with the legal deadlines in force. You can access your order form using the order tracking function.
2.6 - After you transmit your order form, ADAPT-IV S.A.S. will process your order. We remind end consumers that sending an order form obliges them to pay for the products ordered.
2.7 - If the products presented on ADAPT-IV.COM are no longer available or no longer for sale at the point when you last accessed the site or submitted the order form, ADAPT-IV S.A.S. has a duty to inform you promptly on receipt of your order if the products ordered are unavailable. If the products ordered are not available and the price has been paid, ADAPT-IV S.A.S. will do whatever is necessary to refund the sum you have already advanced within no more than thirty (30) days from your payment.
2.8 - By submitting the order form electronically, you accept these Terms and Conditions of Sale unconditionally and agree to respect them. If you disagree with any of the terms of these Terms and Conditions of Sale, we ask you not to submit your order form for the purchase of products from ADAPT-IV.COM.
2.9 - After you submit your order, the Seller will send you an acknowledgement of receipt of your order by e-mail, containing a summary of the information in the order form (Terms and Conditions of Sale, information about the essential characteristics of the product, a detailed indication of the price, the methods of payment, the existence of your right to withdraw and the delivery deadlines and costs).
2.10 - We remind you that the item you are about to purchase is destined for the country from which you are placing the order. If you decide to convey it to a different country, you are solely responsible and you are obliged to respect the legislation and restrictions in force on exports from the country where you make the purchase and on imports to the destination country. ADAPT-IV S.A.S. cannot accept any liability in this area.
3. Product guarantee and prices
3.1 - The essential characteristics of the products are presented in the product sheets on ADAPT-IV.COM. However, the images and colours of the products for sale at ADAPT-IV.COM may not correspond to the actual colours due to the web browser and screen used.
3.2 - Product prices may be subject to updates. We ask you to check the final sale price before submitting your order form.
3.3 - All products come with an identification label fixed with a seal. We ask you not to remove them.
3.4 - If you exercise your right to withdraw from a purchase, ADAPT-IV S.A.S. may choose not to accept returned products that no longer have their labels or whose essential or qualitative characteristics have been altered or that have been damaged.
4.1 - To pay the prices of the products as well as the dispatch and delivery costs, you can follow the procedures described on your order form.
4.2 - If you pay by credit/debit card, financial information such as the credit/debit card number and expiry date will be transferred using an encrypted protocol to the bank that provides remote electronic payment services, and no third party can ever access it. Moreover, these details will never be used by ADAPT-IV S.A.S. except to complete the procedures associated with your purchase or issue refunds if products are returned in accordance with the right of withdrawal or if it becomes necessary to inform or warn the competent authorities in the event of fraud occurring at ADAPT-IV.COM. As indicated on the Order Form, the purchase price of the products and the dispatch and delivery costs will be debited from your Account when the purchased items are dispatched.
5. Content warning
5.1 - ADAPT-IV S.A.S. has taken full precautions to prevent any content describing or representing scenes or situations of physical or psychological violence or that are likely in view of the sensibilities of ADAPT-IV.COM users to be considered as offending personal convictions, human rights or human dignity from being published on the website, regardless of its form or mode of expression. In cases where such content would be considered illicit or illegal in certain countries, we ask users in those countries not to access our website and, if you choose nonetheless to access it, we inform you that any use you decide to make of the services provided by ADAPT-IV.COM will be your personal and exclusive responsibility.
5.2 - ADAPT-IV S.A.S. cannot guarantee to its users that the website will function continuously, without interruption and without errors or faults due to the Internet connection. If you have any problems in using our website, contact customer services by e-mail at email@example.com. An ADAPT-IV S.A.S. employee will be available to provide assistance and help you restore the functions of your Internet access as far as possible.
6. Right of withdrawal
6.1 - You have the right to terminate the contract executed with ADAPT-IV S.A.S. without penalty and without specifying a reason within fourteen (14) days from receipt of the products purchased from ADAPT-IV.COM. The Right of Withdrawal section contains the terms by which products can be exchanged.
6.2 - To exercise your right of withdrawal, we ask you to follow the return procedure described in the Right of Withdrawal section. You must return the ADAPT-IV S.A.S. products by post or via a courier service of your choice within fourteen (14) days from the date when you exercised your right of withdrawal.
6.3 - The only direct costs payable by you are the costs of returning the products purchased. You will have sole responsibility for transporting the products, including in cases of loss of or damage to the products.
6.4 - The product must not have been worn, deteriorated, modified, washed or damaged; the refund label must still be attached to the product with the seal; the product must be returned intact and unused in its original packaging; products must be sent to ADAPT-IV S.A.S. in a single consignment. ADAPT-IV S.A.S. reserves the right not to accept items from a single order if they are returned and dispatched at different times; returned products must be given to the selected carrier within fourteen (14) days from the date when you exercised your right of withdrawal.
6.5 - If the right of withdrawal is exercised under the above terms and provisions, ADAPT-IV S.A.S. will do everything necessary to provide a refund within no more than fourteen (14) days from the date when the right is exercised.
6-6 - If the item(s) are not returned in accordance with the conditions above, you will not be able to claim either a refund of the sums already paid to ADAPT-IV S.A.S. or an ADAPT-IV S.A.S. credit. You may however ask to have the items returned to you at your expense in the condition in which you returned them to ADAPT-IV S.A.S. If you do not wish us to return the products, ADAPT-IV S.A.S. will be entitled to retain both the products and the sums already paid for them.
6-7 - After products are returned, ADAPT-IV S.A.S. checks that the withdrawal and return conditions specified have been respected. If these checks are in accordance with the above rules, ADAPT-IV S.A.S. will send by e-mail a confirmation that the products returned have been accepted.
6.8 - If there is no correspondence between the recipient of the products indicated on the order form and the person who paid the sums due for the purchase, and if the withdrawal right is exercised, ADAPT-IV S.A.S. will refund the sum corresponding to the return of the product to the person who made the payment.
7. Intellectual property rights
7.1 - The content of ADAPT-IV.COM, including, for example, works, images, photographs, dialogue, music, sounds and videos, documents, drawings, figures, logos and other materials regardless of their form published on ADAPT-IV.COM, including the menus, web pages, graphics, colours, screens, instruments, characters and website design, diagrams, configurations, methods, procedures, functions and software that are part of ADAPT-IV.COM, are protected by copyright and any other intellectual property rights held by ADAPT-IV.COM and other holders of these rights. The partial or total reproduction of ADAPT-IV.COM and its content is subject to the express prior written agreement of ADAPT-IV S.A.S.
7.2 - ADAPT-IV S.A.S. has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent, total or partial reproduction of ADAPT-IV.COM and its content, regardless of the method or form. With regard to the use of ADAPT-IV.COM, you are only authorised to display the website and its content.
7.3 - In addition, you are authorised to carry out any other act of temporary reproduction that has no inherent economic importance and is considered to be transitory or incidental and is strictly necessary in order to view ADAPT-IV.COM and its content. You are also authorised to carry out any browsing operations on the website that are executed exclusively for the purposes of the legitimate use of ADAPT-IV.COM and its content.
7.4 - On the other hand, you are not authorised to make total or partial reproductions of ADAPT-IV.COM and its content, regardless of the medium. Any act of reproduction must be authorised in advance by ADAPT-IV S.A.S. or, where applicable, the authors of works contained on the website. ADAPT-IV S.A.S. is the sole owner of the "ADAPT-IV" logos and trademark and any other distinctive sign containing the word "ADAPT-IV", including the domain name "ADAPT-IV.COM".
8. Personal data
8.1 - Personal data collected from users of this website or resulting from their browsing of the site is collected and processed by ADAPT-IV S.A.S. This information is intended solely for ADAPT-IV S.A.S.
8.2 - Users of this Site are informed that their data is collected lawfully and in good faith for legitimate predetermined purposes and will not be processed subsequently in any way that is incompatible with these purposes. The data will be conserved for a period not exceeding the time needed for the purposes for which it is collected and processed.
8.3 - The person responsible for processing the data within ADAPT-IV S.A.S. undertakes to take all relevant steps to preserve the security of the data, and in particular to avoid any deformation or damage and to prevent unauthorised third parties from gaining access.
8.4 - Users of this website are informed that they have the right to oppose, access, correct and delete data held about them. To exercise this right, users can contact ADAPT-IV S.A.S. at the following address: firstname.lastname@example.org.
8.5 - In accordance with the French data protection law no. 78-17 of 6 January 1978 ("Data Protection Law"), the Site has been declared to the National Data Protection Commission ("CNIL") under the number 1968330.
8.6 - In accordance with articles 38 et seq. of the Data Protection Law, all visitors have the right to access, modify, correct and remove data held about them. All visitors may exercise this right by writing to the registered office of the Company ADAPT-IV S.A.S.
9. Applicable law and competent courts
9.1 - The contract established between ADAPT-IV S.A.S and the customer or user is governed by French law.
9.2 - Any dispute will be referred to the Marseille commercial court, unless such a conventional attribution of jurisdiction is not enforceable on the customer or user acting as a non-professional consumer. In this case, the provisions of the French consumer code will apply.
Updated in June 2016