TERMS AND CONDITIONS
Terms and conditions
 
Terms and conditions (valid as from 01/12/08)
 
 1. DEFINITIONS
 
The term "Customer(s)"
means one or several Internet user(s) surfing on the Site to purchase on-line Product(s) for personal use.
 
"General Sales Conditions & Terms"
refers to those General Sales Conditions for the Products on the website.
 
"ERPRO"
refers to ERPRO, a limited liability company with a capital of 200 000 Euro, registered in the Trade Register in Pontoise under number 412 234 726 00039, with its registered office located at 14 rue Charles Cros, 95320 St Leu La Forêt.
and "In&D"
refers to the brand In&D, a property of ERPRO under which the products are marketed.
 
"Parties"
means alternately or collectively ERPRO andor the Customer(s).
 
"Products"
refers to the products proposed on sale on the Website under the provisions of article 3 below.
 
"Website"
refers to the ERPRO’s e-commerce website accessible via the Internet at the following address: http://www.in-and-d.com offering the Products on sale.
 
2. PURPOSE AND SCOPE OF THE GENERAL SALES CONDITIONS
These general sales conditions aim to define the regulations governing on-line sales of ERPRO products and transactions made on the above website which apply to EPRO products only.
 
exclusively for the relations that are made on the Internet network and only on the website, the modalities of on-line sale of Products by ERPRO to the Customers, as well as the rights and obligations of the Parts arising from the on-line sale of the Products offered on the website.
 
They determine all the necessary steps to place an order and ensure the follow up of the order between the Parties.
 
By ordering a Product on the website, the Customer acknowledges he/she has read and understood the General Sales Conditions and he/she has accepted them without limitation. This acceptance does not require the customer’s handwritten signature.
 
Consulting the website is also governed by terms for the use of the website which the customer accepts unreservedly.
The Customer may save or print these general sales conditions which he/she may not modify in any way.
 
ERPRO reserves the right to update the General sales conditions at any time.
 
The General sales conditions apply to any on-line sale performed on the website, excluding any other document, in particular the sales conditions applicable to in-store-sales or to other distribution and marketing networks.
 
3. PRODUCTS
 
3.1 Product description
The products offered for sale by ERPRO are the products which are shown on the website, on the day of the website consultation by the Customer as long as stock lasts. ERPRO reserves the right to withdraw products from sale at any time.
 
ERPRO presents the products on the website with great care in order to meet the requirements of article L.111-1 of the French consumer code. Nevertheless, photos or computer-generated pictures which illustrate the products are for information purposes only and are therefore not contractual pictures.
 
Indeed, although all efforts are made to make sure the colour of the products whose photos are shown on the website are faithful to the colour of the original products, some variations may occur; in particular because of the technical limitations of the reproduction of colour by means of computer. Consequently, ERPRO is not liable for errors or for inaccuracy in photos or graphic representations of the products shown on the website.
 
3.2 Product availability
The products are offered as long as stock lasts. ERPRO does not guarantee the availability of the products presented on the website. If one of the Products is not available, the Customer will be informed as soon as possible by e-mail or by phone via the Customer Service (Tel. +33 1 34 14 13 64) of the partial delivery or cancellation of order.
 
 
4. PRICE
 
The prices of the products are firm. They are in Euro. The valid price is the one given on the website, with the exception of typographic mistakes.
 
These prices take into account the VAT applicable on the day of order but do not include the delivery cost which will be invoiced on top of the price. The Customer is informed of the delivery cost when validating his/her order.
 
The amount of the delivery cost is calculated in a fixed way as described in article 8 below.
 
The price invoiced to the Customer is the price indicated on the order confirmation sent by e-mail by ERPRO.
 
ERPRO reserves the right to modify prices at any time, without requiring any other formality than the modification on the website. The Customer must accept this. However, the modification will not have any effect on the orders accepted before the modification has become effective, subject to the availability of the products ordered.

 
5. RESERVATION OF OWNERSHIP
 
The products ordered remain ERPRO’s property until the price has been fully paid.
On the other hand, at the date of delivery, the risks (in particular loss, theft or damage) concerning the delivered products are borne by the Customer.
 
6. ORDERING PROCEDURE
6.1 Website navigation
The Customer can make himself/herself acquainted with the various Products proposed on sale by ERPRO / In&D on the website. The Customer may navigate freely on the various pages of the website, without placing an order.
6.2 Order registration
It is clearly specified that the products are intended for the Customer’s personal use, without any direct relation to his/her professional activity. As such, the Customer should particularly pay attention to the fact that it is strictly forbidden to order more than five (5) Products of the same reference per order.
If the Customer wishes to place an order, he/she will choose the various Products which he/she is interested in and click the "PAY ON-LINE" button.
6.3 The delivery address must be in the EU
Customers cannot order Products for a delivery outside the European Union. Any request for delivery mentioning another country not in the EU will be refused. 
6.4 Definitive validation of the order
The Customer has to tick the compartment which is in front of the message " I declare to have acquainted and agree completely without reserve the general sales conditions " for validation before being able to choose the method of payment proposed on the same page.
6.5 Confirmation of an order
The sale will be considered as definitive only after the sending to the Customer of the ERPRO’s confirmation order by e-mail
7. PAYMENT
 
Except for unavailability of the server, the Customer will be able to pay his order after definitive validation of this one to the website by Bank card (Credit card, Visa, Mastercard, Eurocard, American Express and others cards approved by the GIE of bank cards) issued on an account domiciled in Metropolitan France (including Corsica). The Customer will enter his card, the expiry date of the card, the name of the carrier of the card and the security code (the last three or four numbers written on the back of his bank card)
 
Payments by cheque are not accepted.
 
The payment is made via the secure server of our partners, PayPal S.A.R.L or ReceiveandPay of FIA-NET S.A, operators of secured payments. This implies that no banking information concerning the Customer passes in transit through the website. The payment by bank card is also perfectly secured.
 
The information related to the payment by bank card are clearly indicated on the website, being clarified that if the Customer wishes to obtain an additional help, he can contact the Customer Relation Service to 00 33 1 34 14 13 64 from Monday till Friday from 10 am till 6 pm.

ERPRO reserves the right to refuse any order or any delivery in case of overtaking of ceilings indicated to the article 6.2 of the T&C’s, dispute existing with the Customer, of total no payment of a previous order by the Customer, of refusal of payment authorization by bank card from the banking bodies
 
The Customer guarantees ERPRO that he has authorizations at his disposal possibly necessary to use the method of payment chosen at the time of the validation of the order. In case of refusal by the bank, the order will automatically be cancelled and the Customer warned by the sending of an E-mail or via the Service Customer Relations.
 
As part of the fight against the fraud on Internet, the information relative to the orders are controlled by the partner of payment indicated by ERPRO: FIA-NET, operator of secure payments. This company is responsible for the automated storage and the treatment of the information relative to each order including the bank cards’ information in a secure environment.
 
Besides, the information in the order is verified by automated data processing and the company in charge is FIA-NET S.A. This automated data processing aims to define a level of analysis of a transaction and to fight against bank card fraud.
FIA-NET S.A. and the organization from which the Customer purchases an item are the addressees of the data order. Details of the order are not disclosed in transmission to prevent the  disclosure and the analysis of the order.
The emergence of an outstanding payment in the motive for a fraudulent use of a bank card will involve the inscription of the personal information associated with the order and with this outstanding payment within an incidental file of payment operated by FIA-NET S.A. An irregular declaration will also be able to be the object of a specific treatment.
In accordance with the French Freedom of Information and Technology law (“Informatique et Liberté”) of January 6th, 1978 the Customer has, at any time, a right of access, rectification, and opposition to data of personal nature by writing, by letter and justifying your identity, to FIA-NET – Service Informatiques et Libertés - Traitements n°773061 et n°1080905 - 22 rue Drouot, 75009 PARIS.

ERPRO invites the Customer to print the summary of his order. The data of the orders will be registered and kept in the computer systems of the company Arobases, 29 rue Ampere - CHASSIEU, host of the website www.in-and-d.com
 
The registers of information of these companies will be considered as establishing the proof of all the deals which are intervened between the Parts on the website. The filing of the data orders is made on a reliable and long-lasting support which can be produced as a proof.
 8. DELIVERY TERMS
Products are delivered by Chronopost within a maximum of 30 days in continental France (Corsica included), as from the date of validation of the order. The delivery cost is based on Chronopost’s current price list.
No delivery will be made when the delivery address given is:
- a hotel or residential home
- a poste restante
- a post office box
- a non-permanent address or place of residence (such as mobile homes, caravans, campsites, or similar) or, in a general sense, any place where an individual address cannot be clearly allocated to a physical or legal person.
 
In accordance with article 105 of the commercial law, the Customer should check the good condition of the Products when delivered. Any fault in the delivered items (parcel damaged, items missing vs ERPRO/ In&D’s invoice, etc.) should be reported on the delivery receipt presented by the carrier. The Customer must confirm his reservations by sending the carrier a registered letter with acknowledgement of receipt within 3 days. The Customer must also inform the after-sales department by sending an e-mail to service contact@in-and-d.com to allow ERPRO to settle the matter with the carrier.
 
The enquiry with the carrier may last up to 21 days. If during this period, the product is found, it will be sent back to the address provided in the order form.
If the ordered Product is not found within 21 days, ERPRO will ship the missing products initially ordered by the Customer at ERPRO’s own expense.
 
After a period of 7 days from the date of delivery, the Products will be considered as corresponding to the order and free from any visible defects and no complaint will therefore be accepted by ERPRO.
If the delivered Product does not match the order, the Customer may return it to ERPRO at the following address:
Customer returns service - 14 rue Charles Cros - 95320 St Leu la forêt - FRANCE, in its original condition, together with the order and the duly completed return note. ERPRO will not otherwise exchange or refund the returned defective Product.
Should the return of the defective Product be justified, ERPRO will, to the Customer’s own choice, or for lack of the Customer’s choice, to ERPRO’s discretion, either refund the defective Product or replace it if the Product is still available.
 
9. RIGHT OF RETRACTION
 
9.1 According to the provisions of the article L.121-20 of the French Consumer Code, the Customer has a period of seven (7) clear days to return, at his own expenses, the Product(s) he ordered if that (those) do not give him(her) satisfaction, and to cancel his (her) order. This period takes effect from the delivery date of the order.
 
The Product(s) will have to be returned with its(their) original packaging not opened, the delivery order and the invoice at the following address: Customer returns service - 14 rue Charles Cros - 95320 St Leu La Forêt. The parcel returned must be necessarily accompanied with the delivery order duly completed, in particular with the number of return given by phone from the Customer Service Relation at the 00 33 1 34 14 13 64 from Monday to Friday from 10 am till 6 pm.
 
The expenses of return are supported by the Customer. ERPRO does not accept parcels carriage forward.
Every risk bounded on the return of product(s) are supported by the Customer.
If the above-mentioned conditions are fulfilled, ERPRO will pay back the Customer, of all the sums engaged by him during the purchase of one or several concerned products, including expenses of return of the products, within thirty (30) days following the date to which the right of retraction of the customer has been used according the article L.121-20-1 of the French consumer code.
 
9.2 The expenses of sending are supported by the Customer, except when the decision of return is the consequence of an error from ERPRO. In that case, ERPRO will send to the Customer a label "coupon for the return transport of the parcel ".
 
ERPRO will then exchange or repay the defective Product(s).
 
To the reception of the Product(s) presumed not corresponding, ERPRO will realize most quickly an examination of the Product(s). If the not corresponding character of the Product(s) is confirmed by ERPRO, the Customer will be repaid of sums corresponding to the price(s) of the Product(s) bought by him, within thirty (30) days following the date to which the right of retraction of the Customer has been used according to the article L.121-20-1 of the french consumer code.
 
 
10. LIMITATIONS OF RESPONSIBILITY
 
ERPRO is lied entirely wtih an obligation of means. The Customer remains only judge of the character appropriate and adapted to his needs and to his consumption of articles which he orders.
 
The responsability of ERPRO could not be involved for a use of the Products not corresponding to their destination.
 
ERPRO cannot be considered as responsible of the loss, of the change or the fraudulent access to personal datas of the Customer, of the accidental transmission, of virus or the other harmful elements, resulting from the access to Internet or transmissions by e-mail.
 
ERPRO does not guarantee that the website is available in a continuous way, without any temporary interruption, without any suspension or without any error.
 
Without limiting the reach of the others provisions of the Terms and Conditions, the responsibility of ERPRO will be involved only in case of proved fault being exclusively attributable to its. In any case, it will be limited to the only direct damages.
 
ERPRO reserves the right to suspend the exploitation of the website.
 
 
11. PERSONAL INFORMATIONS
 
The piece of personal informations collected as part of the home shopping is compulsory. These informations are necessary for the treatment, the delivery of the order(s), as well as for the settlement of invoices. The defect of piece of information implies the automatic refusal of the order. These informations and datas are also kept in purpose of security, in order to respect the legal and statutory obligations and to allow ERPRO to improve and personalize the suggested services and the informations sent to the customer.
 
These informations are strictly confidential.
 
According to the law n°78-17 of January 6th, 1978 relative to computing, to the files and to the liberties, the treatment of the personal informations collected on the website has been declared with the National Commission of Computing and of the Liberties. The Customer has a right of access, modification, rectification and deletion of the data concerning him(her). To exercise this right, the Customer will have to send a letter to the following address : ERPRO/In&D – Service Relation Clientèle – 14 rue Charles Cros – 95320 St Leu La Forêt.
According to choices expressed by the Customer during the creation or the consultation of his (her) account, this last one will have several options, in particular those allowing him (her) to receive newsletters or offers from In&D. If the Customer did not wish it any more, he can make at any time the request to ERPRO / IN&D.

12. FORCE MAJEURE
 
ERPRO cannot be considered as responsible of the total or partial no execution of its obligations, if this no execution is due to the coincidence or to the emergence of a constituent element of force majeure such as the flood, the fire, the storm, the lack of raw materials, the strike of transport, the partial or total strike, lockout...
 
These events constitute a cause of suspension andor extinction of the obligations of ERPRO to the Customer, without compensation for the benefit of the Customer.
 
 
13. WHOLE OF THE CONTRACT
 
The Terms and Conditions, the general conditions of use and the summary passed on to the Customer form a contractual set and constitute the completeness of the contractual relations intervened between the Parts.
 
14. APPLICABLE LAW - DISPUTES
 
These Terms and Condtions and the contractual relations between ERPRO/In&D and the Customer are governed by the French law.
Any contesting born from the application or from the interpretation of the Terms and Conditions fall within the exclusive competence of the courts of Pontoise.
 
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