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Contact

OPALE MINIATURES
702 rue de la Rivière Neuve
62340 ANDRES

Phone : 06 30 21 90 34

Email : contact@opale-miniatures.com

General conditions of sale

Article 1 : Terminology

The services by the OPALE Miniatures Society are one our web site, that is the on-line sale of products will be this mentioned « OPALE Miniatures services ». Every person wishing to benefit from services of the society and wish will satisfy the present general conditions will be called a « member ». Every society having appointed the OPALE Miniatures to sell on its site a product or a service belonging to her will be called a « supplier »; every order made by a member in the planned conditions will be called « the order ».

Article 2 : Products

The indications appearing on every product sheet, as well as their photography, are the ones who are communicated with the OPALE Miniatures Society by the suppliers. They are giving only as an indicative title. If errors appear there, the responsibility of the OPALE Miniatures Society cannot be committed. This one makes a commitment to make a best efforts to correct as fast as possible the errors or the omissions having been informed about it.

Article 3 : Price lists

Our prices indicated on every products are expressed in euros TTC, except expenses of delivery. Price lists can be modified at any time, according to the supplies and economic conditions, to the prices politics of the various speakers. We charge on the basis of the current price list, at the time of the taking of order; that seen on-line; at the time of the validation of the order.

The prices of articles on the Internet can be more regularly modified, what can appear differences of price lists with the order means of marketing which we have.

Article 4 : Payment

Payment by bank card

The payment can be made by bank cards accepted in France, presenting the initials CB, Visa Card, Eurocard or MasterCard. The bank account of the member will be sold from the expedition of the order. The order will be considered as effective only after confirmation of the agreement of the centres of banking payment. In case of refusal of the bank, the order will automatically be cancelled. The members guarantee that they are completely authorized to use the bank card ant that this card gives access to sufficient funks to cover all the costs resulting from the use of the services of the Opale-miniatures.com.

Only the persons legally be able to sign contracts concerning the properties and the services proposed on the site can command on the site « Opale-miniatures.com ».

The data recorded by the OPALE Miniatures Society are considered as being worth proof of all the deals spent between the OPALE Miniatures Society and her members in particular that in the nature, the content and the day of the order.

The OPALE Miniatures Society will confirm systematically by email to the members their order in the email address which will have been communicated with her. The sale will be concluded only as from the confirmation by the OPALE Miniatures Society of the order. The information given by the members, during the taking of the order commits there : in case of error in the title of their address and phone number, the OPALE Miniatures Society would not know to be responsible of the impossibility in whom she could be to deliver.

The price of products and services is expressed in euros. That indicated in the confirmation of the order is definitive prices expressed inclusive of all taxes and including the VAT for France.

The price includes the price of product and / or the services, the contribution to costs of logistic preparation and expedition. For the deliveries and provisions of services except the French territory, the capacities planned by the general Code of Taxes with regard to the VAT will be applicable.

The OPALE Miniatures Society reserves the right to modify its prices at any time, but products will be charged on the basic of the current price lists at the time of the recording of the order (subject to availability).

Products remain property of the OPALE Miniatures Society up to complete payment of the price. The OPALE Miniatures Society reserves the right to refuse any order of a member with which there would be a dispute.

Payment by check

The payment can be made by check. For it, it's enough to choose the method of payment by check at the end of the process of order and to print the order-form to join it with the check and send to the following address:

OPALE Miniatures
702 rue de la Rivière Neuve
62340 ANDRES FRANCE

In reception of payment by check, the order will be validated, treated and sent. The payment by check will be collected after the expedition. We save ourselves the property of the materials and the stationery up to the complete payment of the price by the member. Our property reserve concerns as well the goods as the prices if there were already resolve (Law n°80.335 of May 12th, 1980).

Article 5 : Availability and various statures of products

Products are sold by the OPALE Miniatures Society while stocks last. She will do everything she can to treat all the orders.

In case of unavailability of the product after signing the order and before the end of the expeditions of the concerned sale, the member will be informed by email or by phone. It can possibly be him proposed the delivery of a partial order, otherwise the cancellation of his order. If the flow of the account already intervened at the time of the given information about the unavailability of the product, the repayment of the sums hired by the member is made. He is informed about it by email. The speed with which the bank account of the member is credited depend on the type of bank card used by the member. In the case of an immediate debit card, the current account is credited under 3 in 8 days according to the bank. In the case of a deferred debit card, the credit appears in the same conditions that those of the usual debits on the account card and not of the current account. If this repayment is longer, it is strongly recommended in the member to get in touch with his bank.

Advisable products without stock

A product defined as being orderable without stock can be normally ordered by the member even if it is not available in stock. The OPALE Miniatures Society makes every effort to deliver all the goods as soon as possible. In that case, a rough delivery date displayed with the mention « available from the mm/dd/yy ».

Product to come or in momentary break

A product is defined as being « to come » or which is in momentary break, cannot be ordered. The button shows the text « Prevent me when the product will be available ». In that case, the date of availability displays if it is defined. The member can also click the button « Prevent me when the product will be available » by specifying his email address. When the product is again in stock, the member receives an email containing a link towards the page-product with a reminder of the price and the possible blocked price.

Product on reservation

The mention « On reservation : available from the mm/dd/yy » displays then on the page-product that a link towards an explanatory layer. Products « On reservation » can be ordered by the members. In that case, the description of the button of stake in the basket changes and becomes « To reserve ». If the member confirm his reservation, then his basket is only emptied and filled with the product reserved after a warning message which suggests him validating or not this action : « You can not make at the same time a reservation of this product. Do you wish to continue? Yes/No ». We cannot reserve that a single product at once. The process of order is identical to the standard process on the order hand only the credit card payment is proposed to him. The email of confirmation of reservation is sent to him. The member will be only debited at the time of the sending of the product which it reserved.
The forms of retraction do not apply to products on reservation.

Accessories

« Accessories » are full products which can be separately bought. Products « accessories » are products which adapt themselves on the main products. The promotions made on accessories are valid only if the member buys the main product and its accessory.

Similar products

The « Similar products » are products which look like the principal product, but which have options in more.

Spare parts

The spare parts are full products which can be separately bought. It is products which replace certain parts of the main product.

Packaged offers

The products of type « packaged offer » represent a coherent association of products as for example « Tractor + Drag ». The products of type « packaged offer » are not dissociable and their advantageous price applies only when they are together sold.

Article 6 : Delivery

Expenses of delivery

The amount of the expenses of delivery including expenses of packaging and port are partially chargeable to the member. He is charged as a supplement to the sale price of products. The amount of expenses of delivery is defined in a fixed way according to the destination of the sending and the nature of the product.

Deadlines

The noticed average delivery deadline is of 6 working days for an order all the ordered articles of which are available.
The deadline can be stretched out by a private carrier, as well as in period of the end or year (from October 1st till December 31st). It's about average delivery deadlines corresponding to the deadlines of treatment and delivery, themselves calculated according to the date of reception of the product, date communicated by the supplier.
These deadlines can also vary according to the chosen destination and not include the holidays nor the weekends.
Products will be sent to the delivery address which the members indicate during the process of order.
During the expedition of an order, the OPALE Miniatures Society will join an original invoice including the expenses of delivery and the VAT. In the case of a partial expedition, an order-form recapitulating the effectively present products in the parcel is joined.
The OPALE Miniatures Society delivers parcel in metropolitan France, French overseas Departments and Territories, Corsica and the international stage. In case of absence during the delivery at the address indicated by the member, a calling card is normally disposed in his letters box : it's then possible to remove the parcel to the Post office in 10 days following the storehouse of this notice.
If the parcel is delivered by a carrier, an notice is also left in the letters box of the member. It will be up to him then to contact the carrier to agree on delivery date. As from the exercise of the law of denunciation, the OPALE Miniatures Society makes a proposal of repayment within 10 working days.
In case or partial delivery, the law will concern only the undelivered balance with order and if products are directly delivered by the suppliers, the delivery can be made there several times. Every delivery is considered made by the provisions of the product with the member by the carrier, realized by the system of control used by the carrier, such as the system of follow-up delivery proposed on the web site of the Post office concerning Colissimo followed and by Exapaq concerning here relay an the other carriers for voluminous parcel. In case of partial delivery, all the postal charges are owed.

Damaged parcel

If the parcel is in poor condition, it is advised that the member opens the parcel in the presence of the deliverer, to notice possibly the breakage. It's advisable to verify (or to make verify by the representative who receives) the visible state of products in the delivery.
In the presence of a visible abnormality (average, parcel of product missing with regard to the delivery slip, the damaged parcel, products broke, …) the member can that is to turn away the order or to accept it.
If he accepts :
- Delivery carriers: it's necessary to notify on the delivery note, precisely, the abnormality is similar and to indicate it to the OPALE Miniatures Society by phone within 3 working days.
- Delivery Posts : it's necessary to indicate to the OPALE Miniatures Society by phone, the abnormality is similar, in reception, the member has to get closer to his Post Office with its received parcel (within 48 hours) to record a « report of despoliation » that it sends to the OPALE Miniatures Society. It is recommended to keep a copy of this report.

It's imperative to follow these instructions so that the OPALE Miniatures Society can forward you damaged or missing articles, in defect, no complaint can be taken into account.

Lost parcel

- Sending Colissimo followed

The member is informed about the departure by the sending of an email recapitulating the sent products and informing him about the number of follow-up. If the parcel was not delivered for the average deadline of 5 working days or turned out misled, he will have to show himself also at on the site of the OPALE Miniatures Society section after-sales service.
The after-sales service of the OPALE Miniatures Society will open then an inquiry with the services of the Post Office. The member will receive then an email indicating him that an investigation is opened. If the parcel is found, it's then sent to the member : the procedure of reception takes then its normal class (storehouse of the parcel or the calling card). If the parcel is declared lost (the definitive answer is often formulated for the maximal deadlines of 3 weeks), the OPALE Miniatures Society informs the member and makes the repayment of the parcel (Product and postal charges)

- Sending by a carrier

The member is informed about the departure by the sending of an email recapitulating sent products (the number of follow-up is then the one of the order : VP). The delivery intervenes then for an average deadline of 3 working days. In case of absence, a calling card is deposited in his letters box : the address and phone number of the carrier are then communicated with the member which then has to agree on a meeting by calling up the number indicated on this notice. Without answer of this one, the parcel returned to the OPALE Miniatures Society and a repayment is then made.

Article 7 : Retraction

Any member has a law of return of 7 days as from delivery date according to the provisions of the article of the Code of the Consumption in case of nonconformity of products sold to their descriptive index card or because of the erroneous character of the information contained in this one.

In case of retraction, the member will not have to omit to indicate (number of order, name, first name, address, ….). This return will be made at the following address specified by our after-sales service by email or phone. The member exercises his right of retraction according to the article of the Code of the Consumption for the deadline of 7 days as from the reception of products. This law is applied by the dismissal of product to the OPALE Miniatures Society. Only postal charges will stay chargeable to the member. The repayment with the bank of the member will be made for the deadline of 30 days as from the reception of the goods by the OPALE Miniatures Society, further to the exercise of the law of retraction.

The law of retraction is also applied from the order and before the delivery. In that case, a repayment with the bank of the customer is made for the deadline of 30 days as from the exercise of the law of retraction.

Further to this request, the speed with which the bank account of the member is credited, depends on his type of bank card : in the case of an immediate debit card, the current account is credited under 3 in 8 days according to the bank ; in the case of a deferred debit card, the credit appears in the same conditions as those of the usual debits on the amount card and not on the current account.

In this repayment is longer, it is recommended in the member to get in touch with his bank.

If the law of retraction is exercised between the date of departure of products and that of their delivery, the expenses of return will stay chargeable to the member. This law of retraction can never play : if the delivered products manifestly made the object of an long-lasting usage (beyond a few minutes). Products must necessarily have returned correctly protected, in their original packing, in a perfect state of resale (all the parts must be correctly fixed, not damaged or made dirty by the member, accompanied with the possible accessories, the notes of use and documentation at the address knew indicated, accompanied with the original of the invoice of sale the member of which will keep a copy.

Cannot be taken back parcel for whom no joined element allows to identify the sender (number of order, name, first name, address,…). Cannot be taken back products such as books, DVD and products of type « recherchable » and « on reservation ».

If there is a possibility of repairing the product, the cost of repair and the parts will come in deduction of the amount of the product to pay off. The repayment will be made by check in the name of the member, which placed order and at the billing address, or if the member wishes it, credit note in his favour can be established with a duration of one year. The expenses of return are chargeable to the member. Expenses and risks bound on the return to the product are chargeable to the member a sender.

The return of products will give rise to a repayment equal to the cost price of one or several bought products. The repayment never includes the possible expenses of delivery. From the treatment of return, the OPALE Miniatures Society sends a first email to the member informing him about the reception of the parcel. The regularization of the repayment intervenes then approximately 7 days later. In every case, an email notifies the repayment of products. The repayment is exclusively made in euros by transfer at maximal height of the sum effectively paid by the member to accelerate the treatment of the repayments.

Article 8 : Guarantee

All our products are guaranteed during 1 month against any manufacturing defect and against any dysfunction in normal conditions of use. The guarantee does not cover the replacement of consumables (battery, bulb, …). It's imperative for the member to keep the invoice, a copy of this one will be asked him in case of possible return.

All the articles are subjected to a legal guarantee of Conformity (L211-15 of the Code of the Consumption) and a guarantee against any latent defects (Articles 1641 and the followings of the Civil Code) allowing him to send back defective articles.

Safe in case of legal guarantee, any operation occurring between the OPALE Miniatures Society and the users, not disputed in 6 months, cannot give rise to a complaint.

For the technical products, this guarantee covers the replacement of parts, protected from parts, workforce, transport of parts, replacement or repayment of the device (in case of the impossibility or repair recognized by the salesman or the manufacturer or, if the repair turned out too expensive, replacement by the same model or the similar model. It's to note that this guarantee excludes the replacement of the parts, the wear of which is normal (battery, bulb, …) or owed to an abnormal use of the device (professional usage, or starting of a community).

It also excludes the breakdowns bound to a bord connection of the device or to a non-compliance with the note of use, to a shock, a defect of use or maintenance or in causes outside the material (lightning, damage of waters).

Article L 211-5 of the Code of the Consumption :

The salesman in anxious to deliver the good in compliance with the contract and answers defects or conformity existing during the delivery. He also answers defects of conformity resulting from the packaging, the assembling instructions or the installation when this one was put at his expense by the contract or was realized under his responsibility.

Article L211-5 of the Code of the Consumption :

To be in compliance with the contract, the good owes :
To be appropriate for the use usually expected from the similar good and, if necessary :
To correspond to the description given the salesman and possess the qualities which this one presented to the buyer in the form of sample or of model.
To present the qualities of which a buyer can legally wait in consideration of the public declarations made by the salesman, by the producer or his representative, in particular in the advertising or the label.
Either present the characteristics defined unanimously by the parties or be appropriate for any special use looked for the buyer, carried in the knowledge of the salesman ant that this last one accepted.

Article L211-12 of the Code of the Consumption :

The action resulting from the defect of conformity lapses by two years from the delivery of the good.

Articles 1641 of the Civil Code :

The salesman is held by the guarantee at the rate of the defects hidden from the sold thing which make it unfit for the use, for which we intend it, or which so decrease this use, that the buyer would not have acquired it or would not have given only a lesser price, if he had known them.

Article 1648 Paragraph 1st of the Civil Code :

The action resulting from crippling defects must be instituted by the buyer within two years as from the discovery of the defect.

Article 9 : Intellectual property

All the texts, the comments, the works, the illustrations and the pictures, that they are visual or sound, reproduced on the site OPALE-Miniatures.com, are protected in conformance with the copyright, right of the marks, right of certificates and right of picture, and it for the whole world.

They are the full and whole property of the OPALE Miniatures Society. As such and according to the capacities of the Code of the Intellectual Property, only the use for the custom deprived subject to different capacities even more restrictive of the Code of the Intellectual Property, is authorized.

The fact of affixing an hypertext link to the site OPALE Miniatures.com, by using the technique said about the framing or about the deep linking is strictly forbidden.

Article 10 : Responsibility, Disputes and applicable law

Photos and reproduced texts and illustrating the presented products are not contractual. Accordingly, the responsibility of the OPALE Miniatures Society would not know how to be hired in case of error in one of these photos or one of the texts. The OPALE Miniatures Society cannot be held responsible of the damage of all kinds, so material as immaterial or physical who could result from a malfunction or from a misuse of the marketed products. It's the same for the possible modifications of products resulting from suppliers. The responsibility of the OPALE Miniatures Society will be in any case, strictly limited to the amount of the order. She cannot be questioned for simple errors or omissions which would have remained in spite of all the precautions taken in the presentation of products. The OPALE Miniatures Society will be held responsible with a member or a third, of no indirect damage, no loss of operation profit or turnover, arisen in any way, even if this damage or this loss or this damage was predictable by the OPALE Miniatures Society if its eventually had been paid for its attention.

Without limiting the previous paragraphs, the responsibility of the OPALE Miniatures Society at the end of the present general conditions of sale and use cannot exceed a sum equal to the paid or payable sums during the deal at the origin of said responsibility, whatever is the cause or the shape or the concerned action. The OPALE Miniatures Society would not know how to be held for responsible or the non-fulfilment of the contract conclude in case of shortage of stack or unavailability of the product, the major shape, the disturbance or the all out of partial strike in particular postal services and means of transportation and/or communications, flood, fire. In case of dispute, the member will address by priority by the OPALE Miniatures Society to obtain an amicable solution.

In defect, the Courts will be only competent, whatever are the places of delivery and the accepted payment conditions. The present general conditions of sale and the use in French language will be executed and interpreted according to the French law. Any dispute which could exist on the occasion of its validity, of its interpretation or of its execution will be subjected to a Court for which is expressly made exclusive attribution of competence.

Article 11 : Name specific information

The OPALE Miniatures Society makes a commitment not to reveal in thirds of the information communicated by members on the site. There are confidential. They will be used by her international services only for the treatment of your order and that to strengthen and personalize the communication in particular by letters/email of information as well as within the framework of the personalization of the site according to the preferences noticed by the users. The OPALE Miniatures Society does not sell, does not market and does not rent in thirds the information concerning her members. The OPALE Miniatures Society can decide to make it in the future with suppliers and persons receiving benefits and it for the direct or related needs of the execution of the sale contracts which she concludes with her members. The faculty is let to them oppose to it by sending an email (in the hypothesis where the members use various email address to place their orders, they have to send to the OPALE Miniatures Society an email from each of the email addresses which they communicated). In case of transfer or of use by thirds of data with personal character, the OPALE Miniatures Society recorded with the CNIL, makes beforehand a commitment to inform her members to allow them to exercise their law of opposition.

The present article cannot prevent the transfer nor the transfer of activities in a third.

Consequently, according to data protection acts of January 6th 1978, the member can exercise his access law in the file and his law of rectification or deletion by the information concerning him by sending his request (by indicating address, email, name, first name, mailing address) by going on the site in the section « Contact » by specifying « I wish to cancel my amount Opale or by letter at the following address :

OPALE Miniatures
702 rue de la Rivière Neuve
62340 ANDRES
FRANCE

Article 12 : Modifications of the general conditions of sale

The OPALE Miniatures Society reserves the right to modify at any time, the present general conditions of sale and use, by putting on-line the new version on its site. The modifications will be effective 30 days having been on-line publishing and the sending of an email to the members having asked for it.

During the deadline of 30 days, the members who would not wish that the contractual relations are governed by the new version of the general conditions of sale and the use will have to notify their refusal of these modifications to which case this contract gives the law to use the services of opale-miniatures.com, will come to an end in the term of the period of 30 days.

In the hypothesis where the one some of the terms of the general conditions of sale and the use would be considered as illegal or non-opposable by a decision of justice, the other capacities will be in force.