GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (the “GTC”) set out the terms and conditions of sale to consumers (the “Customers”) of products sold by ALLMETEORITE.COM SAS on the website
https://www.allmeteorite.com.
These natural science objects, stones, meteorites and minerals, sold on the Site are hereafter referred to as the “Products”.
The Products are sold by ALLMETEORITE.COM SAS (“ALLMETEORITE”), in its name and on its behalf.
The T&Cs, in their latest updated version, are available at any time on the Site. Any order placed by the Customer with ALLMETEORITE requires express acceptance, without restriction or reserve, of the GTC applicable on the date of the order.
The Customer may contact ALLMETEORITE directly using the following contact details:
Mailing adress:
ALLMETEORITE.COM,
27, Rue de France,
69100 Villeurbanne France
E-mail : contact@allmeteorite.com
Phone : +33 6 84 84 40 21
Article 2 – Products
The essential characteristics of the Products, including their unit price, are freely available on the “store” page of the Site.
In some cases, the meteorite may also be classified, have a name or a number.
These indications are those resulting from the report established by an accredited laboratory and submitted to the vote of the Nomenclature Committee of the Meteoritical Society. This information is published in the Meteoritical Bulletin Database.
As these are indications resulting from scientific analysis, ALLMETEORITE only reports information issued by competent bodies and cannot be held responsible for their absolute scientific accuracy.
Article 3 – Orders
3.1 How to place an order
The Customer selects the Product(s) of his choice and the quantity of Products desired and adds them to his virtual basket.
The total amount (with VAT) of the Products added to the basket, excluding shipping costs, is automatically calculated. The basket can be validated or emptied at any time.
Once the basket has been validated, the Customer is invited to enter the information required for ALLMETEORITE to take account of the order, i.e. surname, first name, delivery address, billing address if different, telephone number and e-mail address.
They are then given the opportunity to check the details of their order, the total price to which it relates, including delivery charges, the price inclusive of tax and any other foreseeable charges, and to correct any errors before final validation.
To definitively validate his order, the Customer must accept the GTC, by checking the box provided for this purpose on the order validation page, confirm his choice of Products and proceed to the payment of the order.
The Customer can then choose the payment method used. The Customer will then be redirected to the Paypal platform or the payment platform of ALLMETEORITE’s banking partner in order to make the payment, in accordance with the conditions set out in article 4 of these GTC.
Once payment has been made, the Customer will receive an e-mail confirming that his order has been taken into account and indicating the date on which his order will be delivered.
ALLMETEORITE reserves the right to refuse any order within 24 hours of receipt, in particular if the quantities ordered are abnormally high in relation to the quantities usually ordered by purchasers in their capacity as end-users and depending on the stocks available.
If no reply is received within this period, the order is deemed to be definitively accepted by ALLMETEORITE.
3.2 Modification / cancellation of orders
All orders that have been validated and paid for are irrevocable for the Customer, beyond the withdrawal period that may be available to the Customer in accordance with Article 7 hereof.
However, the Customer may submit to ALLMETEORITE a request for modification or cancellation of the order, in writing, no later than 24 hours after validation and payment of the order. ALLMETEORITE is free to accept or refuse any request for cancellation or modification of the order. Any modification or cancellation is only validly binding on ALLMETEORITE if it has been expressly accepted in writing.
Article 4 – Price and Payment
4.1. Prices
The prices of Products are freely accessible on the Site. ALLMETEORITE reserves the right to modify its prices at any time.
All prices are in US dollars and include VAT.
Delivery costs are not included in the unit price displayed. They are calculated according to the weight of the Products ordered and the place of delivery. They are automatically added to the total amount of the basket.
In case of delivery to a country other than metropolitan France, the Customer will be considered as the importer of the product(s) concerned. For all products dispatched outside the European Union, customs duties or other local taxes or import duties or state taxes which may be payable are exclusively the responsibility of the Customer.
These rights and sums are not the responsibility of ALLMETEORITE. These customs duties or taxes, whatever they may be, are the sole responsibility of the Customer, both in terms of declarations and payments to the competent authorities and bodies in your country. It is advised to the Customer to inform himself with his administration of any tax or customs duty which could be claimed to him.
4.2. Terms of payment
Payments must be made in cash, when ordering. No order will be taken into account in the absence of payment.
The customer has the possibility to choose between different payment methods:
(i) Payment by credit cards (Carte Bleue, Visa, EuroCard MasterCard);
(ii) Payment by Paypal. To benefit from this method of payment, the Customer must have an account with the PayPal company. In case of payment by PayPal, the general terms of use of PayPal apply.
(iii) Payment by Google Pay. To use this payment method, the Customer must have an account with Google. In case of payment by Google Pay, the terms and conditions of Google Pay apply.
4.3. Payment security
Payments by credit card are made using the secure payment site of ALLMETEORITE.COM which integrates the SSL security standard. Confidential data is transmitted in encrypted form to ALLMETEORITE.COM. In any case, the amount of the transaction will be automatically debited 5 days at the latest after the order is placed by the customer.
As part of the fight against fraud, we use the 3D Secure payment on orders placed by CB, VISA and MASTER CARD.
3D Secure (also known as Verified by VISA) is a payment system by authentication to strengthen the security of your online purchases. At the time of payment, the customer’s bank verifies the identity of the cardholder before validating the transaction.
After entering the details of his credit card, VISA or MASTERCARD, the Customer will be transferred to the website of his bank where he will be asked to identify himself.
This procedure is specific to the Customer’s bank, for example, the Customer may be asked to enter his date of birth, to enter a code received by SMS, to answer a personal question,… etc.
After the confirmation of this step, the payment of the Customer is finalized and he receives the order confirmation email.
4.4 Fight against credit card fraud
As part of the fight against fraud, ALLMETEORITE implements 3D Secure payment on transactions.
In order to ensure the security of payments, ALLMETEORITE will be free to check the personal data provided by the Customer and to adopt any measures deemed necessary (request for supporting documents or cancellation of the order) to ensure that the person whose bank account is debited is indeed the person who placed the order and to avoid any fraudulent use of bank card numbers.
The Customer guarantees ALLMETEORITE that he/she has the necessary authorisations to use the method of payment he/she has chosen when registering his/her order form.
ALLMETEORITE reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the https://www.allmeteorite.com website.
In addition, the personal data that the Customer is asked to provide when creating his or her customer account and that [insert company name] collects may be used by ALLMETEORITE in the context of the fight against Internet and payment fraud.
In the event of a payment incident or suspected payment fraud, the information relating to the order (surname, first name, order number, computer IP address, etc.) may be recorded in a payment incident file, after authorisation by the CNIL. The customer will be informed beforehand by e-mail of this recording.
4.5 Invoices
Invoices are drawn up by ALLMETEORITE, in its own name and on its own behalf, and are sent to the Customer by e-mail after receipt of payment.
Pursuant to Article L.213-1 of the Consumer Code, where an order is for an amount equal to or greater than 120 euros, ALLMETEORITE retains the written record of the contract concluded between itself and the Customer by electronic means for a period of 10 years from the date of delivery. The Customer will then have access to this document at any time, on request.
Article 5 – Delivery of the Products
5.1 Terms of Delivery
The Products ordered will be delivered to the address indicated by the Customer at the time of ordering. Delivery will be made by La Poste or by one of the carriers proposed on the ALLMETEORITE website.
If the Customer is absent at the time of delivery, a delivery notice will be left in his letterbox inviting him to collect his parcel from the post office or the carrier.
The delivery will be considered as completed from the date of the first presentation of the goods at the delivery address indicated by the customer when ordering. The handing-over of the goods will be carried out against signature by the receiving customer of a delivery order.
5.2 Delivery time
The delivery time is indicated by ALLMETEORITE in the order confirmation e-mail sent to the Customer.
ALLMETEORITE will do everything in its power to meet delivery deadlines, except in the event of force majeure as defined in article 8.
This delivery time is indicative and ALLMETEORITE may not therefore be held liable for any delay in delivery.
However, in the event of a delay in delivery of more than 7 days in relation to the time limits mentioned, the customer is entitled to request cancellation of the sale by registered letter with acknowledgement of receipt or by a written document on another durable medium if, after having enjoined ALLMETEORITE, in the same way, to make delivery within a reasonable additional period, the latter has not done so within this period.
The sale is deemed to have been terminated on receipt by ALLMETEORITE of the letter or writing informing it of such termination, unless ALLMETEORITE has performed in the meantime. In the event of termination of the sale, ALLMETEORITE will reimburse the Customer for the amount of the order, including the delivery charges advanced. This reimbursement constitutes the only compensation for the loss that the Customer would have suffered as a result of the delay and the termination of the sale.
5.3 Transfer of risks
The transfer of risk of loss or deterioration of the Products occurs upon delivery of the order to the place indicated by the Customer. The date shown on the delivery note or the acknowledgement of receipt is proof of the delivery date.
5.4. Receipt and reservations
The Customer is required to check the apparent condition and quantity of the Products delivered.
In the event of any anomaly or error concerning the delivery (such as damage, missing product in relation to the delivery slip, damaged parcel, broken product, etc.) and/or in the event of non-conformity of the products in kind or in quality in relation to the information given on the delivery slip, the customer must inform ALLMETEORITE under the following conditions:
- the same day: on the delivery note in the form of “handwritten reservations”, accompanied by the customer’s signature, the note having to be given to the carrier at the time of delivery;
- or at the latest on the first working day following delivery to ALLMETEORITE, by e-mail;
- the customer must at the same time confirm this anomaly by sending the carrier, within two (2) working days following the date of delivery, a registered letter with acknowledgement of receipt setting out the said claims.
The customer must send a copy of this letter by fax, letter or e-mail to ALLMETEORITE. The carrier’s contact details will appear on the delivery note.
In the event of a delivery error or exchange, any product to be exchanged must be returned to the carrier in its entirety and in its original packaging.
The product will automatically be exchanged or refunded.
In the absence of a complaint or reservations made in accordance with the above procedure, the order will be deemed to be in conformity in terms of quantity and ALLMETEORITE will be released from any responsibility towards the customer.
If, at the end of this procedure, it appears that the Carrier is not responsible for the loss or damage, except in cases of force majeure or due to the fault of the recipient, ALLMETEORITE may, after assessing the merits of the claims, replace or reimburse the Products at its discretion.
ALLMETEORITE will bear the cost of the exchange, except in the event that the returned Product does not correspond to the original declaration made by the client in the return slip.
Article 6 – Liability – Guarantees
6.1. Legal guarantees of conformity and hidden defects
The conformity of the Product to the GTC is guaranteed under the conditions of Article L. 217-4 and following of the Consumer Code and hidden defects of the thing sold under the conditions provided in Articles 1641 and following of the Civil Code.
No other express or tacit guarantee is granted by ALLMETEORITE.
In particular, ALLMETEORITE cannot guarantee that the Products meet the Customer’s specific expectations.
6.2 Limitation of Liability
The Customer is solely responsible for the choice of Products purchased.
The products offered comply with current French legislation. ALLMETEORITE declines all responsibility in the event of non-compliance with the legislative or regulatory provisions in force in the country of delivery.
ALLMETEORITE undertakes to transcribe accurately, for each Product, the information provided by the accredited Laboratory it has used. ALLMETEORITE is not responsible for any errors in the characteristics, name or classification of the Products as reported by the Laboratory and published by the Meteoritical Bulletin Database. ALLMETEORITE merely reports this information and assumes no responsibility for its scientific accuracy.
ALLMETEORITE shall not be held liable for any deterioration of the Products resulting from improper use, use for professional purposes, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure.
In any event, whatever the reason for the liability of ALLMETEORITE, its liability is limited to the lower of the two following amounts: (i) the amount of the direct loss suffered by the Customer, or (ii) the price of the order.
Article 7 – Right of withdrawal
7.1 Right of withdrawal
The Customer has the right to withdraw from his order without giving any reason within a period of (14) fourteen days from the day after he has taken physical possession of the Products ordered.
To exercise the right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous written statement (e.g. letter sent by post, fax or e-mail) addressed to ALLMETEORITE. The Customer may also use the model withdrawal form attached hereto, but this is not obligatory.
In order for the withdrawal period to be respected, the Customer must send his communication concerning the exercise of the right of withdrawal to ALLMETEORITE before the expiry of the withdrawal period. ALLMETEORITE acknowledges receipt of the Customer’s request for withdrawal.
The Customer shall return the Products concerned by the withdrawal to ALLMETEORITE or to a person designated by the latter within fourteen (14) days following communication of his decision to withdraw. This time limit is deemed to have been observed if the Products are returned before the expiry of the fourteen-day period.
The costs of returning the Products are to be borne by the Customer.
In accordance with Article L. 221-23 of the French Consumer Code, the Customer is hereby informed that he/she shall only be held liable for any loss of value of the Products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning.
7.2 Effects of withdrawal
ALLMETEORITE reimburses the Customer, to the bank account used to pay for the order, the full amount of the order, including the delivery charges initially paid, no later than fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw.
However, should ALLMETEORITE not have received the Products subject to withdrawal within this period, ALLMETEORITE may defer reimbursement until it has received the Products or until the Customer has provided proof of dispatch of the Products, whichever is the earlier.
In any event, this refund will not incur any costs for the Customer.
Article 8 – Force majeure
In the event of the occurrence of a case of force majeure within the meaning of Article 1218 of the Civil Code, i.e. beyond the control of ALLMETEORITE, which could not reasonably have been foreseen at the time of the conclusion of the GTCs and the effects of which cannot be avoided by appropriate measures, and which makes it impossible to fulfil the order, ALLMETEORITE shall inform the Customer by any means within 24 hours of the occurrence of the event.
Performance of the Contract is suspended.
If the event persists for more than 15 days from the date of its occurrence, the order is cancelled and ALLMETEORITE will refund the sums paid by the Customer for the order in question.
Article 9 – Resolution of disputes
The GTC are governed by French law.
In the event of a dispute, the Customer shall submit any request to the ALLMETEORITE customer service department, which can be contacted by telephone on +33 6 84 84 40 21 or by e-mail at contact@allmeteorite.com.
In the absence of satisfaction within 21 days of this request, the Customer may refer the matter to the Consumer Ombudsman whose contact details are as follows
MEDIATION – VIVONS MIEUX ENSEMBLE
www.mediation-vivons-mieux-ensemble.fr
465 avenue de la Libération 54 000 NANCY
mediation@vivons-mieux-ensemble.fr
to seek an amicable solution with the Seller.
In the absence of an amicable solution, any dispute concerning the application of the GTC, in particular their interpretation and execution, will be brought before the Commercial Court of Lyon.
Article 10 – Other
10.1 The fact that ALLMETEORITE does not avail itself at a given time of any of the clauses of the GTC may not be interpreted as a waiver of the right to avail itself of such clause at a later date. Similarly, the invalidity of any of the clauses of these conditions will not affect the validity of the other clauses.
10.2 If one or more provisions of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
Appendix: Withdrawal form for a distance purchase (on the Internet, by mail order, teleshopping or telephone)
To the attention of:
ALLMETEORITE.COM SAS
27, Rue de France – 69100 Villeurbanne
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notifying this form on paper):
Date:
(*) Delete as appropriate.