These General Terms and Conditions of Sale determine the rights and obligations of the parties within the scope of sales made on the on-line sale site www.uk.electriccalifornia.com
Electric reserves the right at any time to adapt or to modify these General Terms and Conditions of Sale. In the event of modification, the General Terms and Conditions of Sale in force on the day the order is placed shall be applicable to each order. Any order of a Product offered on the site implies that the Purchaser has agreed to these General Terms and Conditions of Sale.
- Identification of the purchaser and the customer
- Identification of the customer on the site
- Validity of the offer
- Order and control of the data
- Payment security
- Payment methods
- Country of delivery
- Problems with delivery
- Prices and delivery times
- Intellectual property
- Customer Service
- Data protection
- Nominative information
- Web tags
- Miscellaneous stipulations
- Force majeure
- Entire agreement
- Retention and archiving of the transactions
- Applicable law – Courts with jurisdiction
IDENTIFICATION OF THE SELLER AND THE CUSTOMER
The parties agree as follows:
The seller Pilot-Fish SAS or “Electric”, as Electric official European distributor, or www.electriccalifornia.com/eu is identified as the company Pilot-Fish SAS, a company with a capital of EUR 40,000, the registered office of which is at 15, rue Chapelet 64200 Biarritz, France, registered in the Bayonne TCR under number 809 686 009, of which the Intracommunity VAT number is FR 44809686009 and represented by Mr Arnaud Gaillard.
The customer or purchaser on www.electriccalifornia.com must be of age and a private individual customer whose purchases are not made for commercial purposes.
IDENTIFICATION OF THE CUSTOMER ON SITE
The customer who has already made a purchase on the www.electriccalifornia.com site may select a password which, when placing subsequent orders, means he/she does not have to fill in the forms again prior to placing an order.
The customer who is already registered is recognized on the site as a customer of www.electriccalifornia.com. The password registered by the www.electriccalifornia.com customer is strictly confidential and personal. Under no circumstances should it be disclosed or given to anyone else.
In the event that the www.electriccalifornia.com customer loses or forgets his/her password, he/she can click on "password forgotten" on the www.electriccalifornia.com site. Electric will then send him a link to change password to his contract e-mail address. He/she should change this password the next time he/she connects to the site.
So that the customer is easily identified by the simultaneous entry of the e-mail and password, the Customer expressly authorizes www.electriccalifornia.com to deposit on the customer's hard disk a file called a "cookie" the sole aim purpose of which is to facilitate the said identification.
The articles presented on www.electriccalifornia.com are available while stocks last. The descriptions and photos illustrating them are shown as accurately as possible; nevertheless, if errors or omissions occur, www.electriccalifornia.com may not be held liable. The illustrating photographs supporting the text on the products are not contractual.
VALIDITY OF THE OFFER
Any order placed on www.electriccalifornia.com is considered to be an acceptance by the customer of the prices of the products and services proposed for sale as well as these General Terms and Conditions of Sale.
The sale prices are given inclusive of all taxes in pounds sterling, excluding the cost of delivering the order, if the case arises. The French VAT is the one applicable to the amount of the order.
The prices of the products presented on www.electriccalifornia.com may be modified. Electric reserves the right to modify the prices without notice. The prices shown at the time of the purchase are those applicable to this purchase.
ORDER AND CHECK ON THE DATA
Any order validated on www.electriccalifornia.com before 13:30 a.m. (local time UTC+1) from Monday to Friday, shall be prepared and shipped on the same day. Once this time limit has expired, it will be shipped on the following working day. This service period is not guaranteed on public holidays and during certain periods (heavy workload, inventories, etc.).
Electric shall check orders placed on www.electriccalifornia.com. Following these checks, based on various criteria, our Customer Service may contact you to ask for additional supporting information.
An inquiry will be undertaken on any presumed fraud and, if necessary, legal proceedings will be taken. By submitting your order, you accept these terms and conditions.
Electric reserves the right to refuse an order for any reason whatsoever. Electric also reserves the right to cancel any purchase (order already accepted) without being held liable for damages or costs incurred, for the following reasons:
- The product is no longer available
- Your order has been identified by our security systems as unusual or likely to be fraudulent
- We have reasons to believe that you are a minor
- We have reasons to believe that you are a retailer
- We were not able to deliver to the address you provided
6.1 Payment Security:
Payment security on www.electriccalifornia.com is taken very seriously. Bank transactions are made secure by the Stripe payment system (www.stripe.com) and Paypal system (www.paypal.com). All information provided to process the payment is encrypted by means of the SSL protocol. These data can be neither detected, nor intercepted, nor used by third parties. Nor can they be retained by our information systems.
Furthermore, purchases made on www.electriccalifornia.com comply with the 3D-Secure standard. 3D-Secure is a protocol developed by the Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) international issuers to increase the security of on-line payments. This protocol depends on an additional control when a purchase is made on line: in addition to the bank details, the purchaser is asked to enter an item of personal information enabling his bank to identify him and to validate the operation.
For information: Stripe and Paypal are technical service providers and do not deal with disputes relating to orders. They must be settled directly with www.electriccalifornia.com and/or your banking establishment.
6.2 Payment methods:
The payment methods accepted on www.electriccalifornia.com are Visa, MasterCard, Amex, Apple Pay & PayPal.
7.1 Country of Delivery
Any order validated on www.electriccalifornia.com before 11:30 a.m. (local time UTC+1) from Monday to Friday, shall be prepared and shipped on the same day. Once this time limit has expired, it will be shipped on the following working day. This service period is not guaranteed on public holidays and during certain periods (heavy workload, inventories, etc.).
To this preparation time should be added the delivery times set out in the section Prices and delivery times.
www.electriccalifornia.com delivers to France, Germany, Spain (excluding Canary Islands and Baleares), Belgium, Great Britain, Italy, Luxembourg, Netherlands, Switzerland, Austria, Denmark, Finland, Greece, Portugal, Ireland, Sweden, Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Czech Republic.
Independently from on the service the customer selects (standard or express) and the country of delivery, Electric will use the following carrier: So Colissimo, Chronopost & DHL.
7.2 Delivery Problems
By means of the contact form under the heading ‘Questions’ on the site, the customer must notify the carrier and Electric of all reservations about the product accepted (e.g. parcel damaged, already open, etc.) within three days following receipt thereof.
The customer may then take advantage of the repayment terms provided for this purpose.
7.3 Prices and Delivery Times
EUROPE ZONE 1 & 2
DHL ECONOMY STANDARD (3-5 WORKING DAYS) - FREE
Zone 1 & 2 : Germany, Spain (excl. Canarias et Baléares), Belgium, Great Britain, Italy, Luxembourg, Netherlands, Austria, Denmark, Finland, Greece, Portugal, Ireland, Sweden
EUROPE ZONE 3
DHL ECONOMY STANDARD (3-7 WORKING DAYS) - 10€
Zone 3 : Bulgaria, Estonia, Hungary, Latvia, Lituania, Poland, Romania, Slovakia, Slovénia, Czech Republic, Croatia
METROPOLITAN FRANCE, MONACO AND CORSE
STANDARD SO COLISSIMO (2-3 WORKING DAYS) - FREE
DHL EXPRESS (1-2 WORKING DAYS) - 10.00€
STANDARD SO COLISSIMO (3-6 WORKING DAYS) - 5€
These delivery times are understood as excluding preparation times. Any order validated before 13:30 a.m. (local time UT+1) from Monday to Friday, shall be prepared and shipped on the same day. Once this time limit has expired, it will be shipped on the following working day. This service period is not guaranteed on public holidays and during certain periods (heavy workload, inventories, etc.).
Regardless of where the articles are delivered, www.electriccalifornia.com undertakes to reimburse the customers for articles he wishes to return, under the terms and conditions set forth below.
During the 30 days following receipt, under certain conditions www.electriccalifornia.com will reimburse an article which the customer does not find entirely satisfactory and in the currency used for payment.
The period within which the customer may request the reimbursement or take advantage of his right of withdrawal is 30 days as from the date of receipt of the article or articles.
The return costs are at the customer's expense. Below is the process:
- The customer contacts the Customer Service by e-mail (email@example.com) or by telephone at 207 660 0136 (no additional charge) to state his wish to return one or more articles. (Order number and item references will be required)
- The Customer Service will then send the customer an e-mail confirming the return, stating:
- The return reference (@RMA Number) which the customer should indicate legibly on the return parcel, otherwise the return would not be processed.
- The return adress: FMS-EA (Retours Web Electric) 28, Rue De Frais Centre Européen de Frais 64200 Mouguerre – FRANCE.
The return reference should be legibly indicated on return parcel; otherwise the return would not be processed.
Electric will refuse to accept any damaged, spoiled, dirty, incomplete object for which the customer made no comments or reservations on delivery, under the terms and conditions stipulated in Clause 7.2.
Once our logistics department has accepted and processed the return, the reimbursement will be made via the initial means of payment (Credit Card or PayPal).
An exchange is not offered on www.electriccalifornia.com, once your article is returned, we will invite you to place another order on line.
All the elements on the www.electriccalifornia.com site, whether they are visual or sound, including the underlying technology, are protected by copyright, trademark or patent rights and the right to an image. They are the exclusive property of www.electriccalifornia.com.
Any hypertext link redirecting to the www.electriccalifornia.com site and in particular using the framing, deep-linking, in-line linking techniques or any other deep link technique is in any case formally forbidden.
In all cases, any link, even if tacitly authorized, should be removed on a simple request by www.electriccalifornia.com. In general, any total or partial reproduction of the www.electriccalifornia.com site is strictly forbidden.
To be able to use the elements or information contained on the site, you must obtain the consent of Electric beforehand.
The Electric Customer Service Electric may be accessed:
- By e-mail: EUcustomerService@ElectricCalifornia.com
- By Phone : +335 476 493 28
You may also find an answer to your questions in our FAQ section.
All our products are covered by the legal guarantee system, as long as the use thereof is normal and that the instructions for maintenance are followed.
Article L211-4 of the French Consumer Code. The seller is bound to deliver an object conforming to the contract and responding to any lack of conformity existing on delivery. It responds also to any lack of conformity in the packaging, instructions for assembly or installation when it is responsible therefor in accordance with the contract or has been carried out under its responsibility.
Article L211-5 of the French Consumer Code. To conform to the contract, the article must:
- Be suitable for the use normally expected of a similar article and, in the event:
- Correspond to the description given by the seller and have the qualities that it has presented to the purchaser in the form of a sample or a model;
- Present the qualities that a purchaser may legitimately expect having regard to the public statements made by the seller, the producer or his representative, particularly in its advertising or labeling;
- Or present the characteristics determined by mutual agreement of the parties or be suitable for any special use sought by the purchaser, brought to the seller's attention and that the latter accepted.
Article L211-12 of the French Consumer Code. The action resulting from the lack of conformity is limited to two years as from delivery of the article.
Article 1641 of the French Civil Code. The seller is bound by the guarantee for latent defects in the article sold which make it unsuitable for its intended use, that the purchaser would not have bought, or would only have paid a lesser price, if he had been aware of them.
Article 1648 sub-paragraph 1 of the French Civil Code. The purchase must take the action due to latent defects within a two year period as from the discovery of the defect.
13.1 Nominative Information
Information of a personal nature is processed by Electric for the purposes of management, customer relations and canvassing. To enable you to receive offers from our partners, you may be asked to provide them with this information. Pursuant to the French Data Protection Act of 6 January 1978, updated by the Act of 6 August 2004, the Customer has a right of access, rectification and opposition to the data concerning him. On this basis, the www.electriccalifornia.com site is registered with the CNIL (French data protection agency) under number: 1680906.
13.3 Web Tags
Certain Web pages on the Site may contain Web tags which enable the number of visitors to the site to be counted and/or to provide Electric with a certain number of indicators. These Web tags may be used with some of our partners, particularly to measure and improve the Site's effectiveness.
In any case, the information obtained through these tags is strictly anonymous and simply enables statistics to be collected on how frequently certain pages on the Site are visited, so that our Customers on our Site are better served.
14.1 Force Majeure
Electric shall not be held liable for the total or partial failure to fulfill its obligations under this contract, if the non-fulfillment is brought about by an event constituting force majeure, particularly in the case of disruption of or a total or partial strike by the postal services and means of transport and/or communication, flooding or fire. The Parties agree to consult each other within the shortest possible time to determine ways of processing the order during the force majeure event. After an interruption of (one) 1 month due to a force majeure event, the Parties shall be released from their mutual obligations.
14.2 Entire Agreement
These General Terms and Conditions of Sale and the recapitulation of the order sent to the customer make up a contractual whole summarizing all the agreements made by the parties.
14.3 Retention and Archiving of the Transactions
Invoices are archived on a reliable and long-lasting medium so that it is a true and long-lasting copy thereof.
14.4 Applicable Law – Courts with Jurisdiction
These General Terms and Conditions of Sale and the contractual relations between Electric and the customer are subject to French law. In the case of a dispute, exclusive jurisdiction is assigned to the relevant French courts. Nevertheless, Electric undertakes to seek an amicable solution before taking any court action.