ARTICLE 1 - APPLICATION OF THE GENERAL CONDITIONS OF SALE, OPPOSABILITY OF THE GENERAL CONDITIONS, MODIFICATIONS
AZAR MODELS manufactures and / or distributes its Z scale model trains.
AZAR MODELS also offers tailor-made services such as customization, maintenance and updating of these products.
These general conditions of sale (GTC) apply exclusively to any purchase made on the website www.azar-models.com or during direct sales from AZAR MODELS SARL, hereinafter referred to as its brand. AZAR MODELS, by an Internet user / natural person or an association, hereinafter referred to as the Customer.
Professionals must contact AZAR MODELS directly in order to benefit from separate contractual conditions.
Consequently, the fact of placing an order implies the Customer's full and unreserved acceptance of these T & Cs, to the exclusion of all other commercial documents such as catalogs, prospectuses, etc. issued by AZAR MODELS and which are only indicative. Any contrary condition opposed by the Customer will, therefore, in the absence of express acceptance, be unenforceable against AZAR MODELS, regardless of when it may have been brought to its attention.
The fact that AZAR MODELS does not take advantage at a given time of any of these general conditions cannot be interpreted as a waiver of the right to avail itself subsequently of any of said conditions.
AZAR MODELS reserves the right to modify these general conditions at any time.
ARTICLE 2. ACCEPTANCE OF GENERAL CONDITIONS
The Customer agrees to carefully read these general conditions and accept them. Any order placed on the site necessarily implies the customer's unreserved acceptance of these general conditions of sale.
These general conditions are referenced at the bottom of each page of the site by means of a link and must be consulted before placing the order.
ARTICLE 3. OPENING OF AN ACCOUNT - PURCHASE OF PRODUCTS ON THE SITE
The customer must be at least 18 years old to be able to purchase a product and have legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The customer will be asked to provide information allowing him to be identified by completing the form available on the site and allowing his order to be processed by AZAR MODELS. The customer can check the status of his order on the site. Delivery tracking can be done using the online tracking tools of certain carriers (LAPOSTE -COLISSIMO tracking number). The customer can also contact AZAR MODELS at any time, preferably by email firstname.lastname@example.org or by phone, in order to obtain information on the status of his order.
ARTICLE 4. ORDER
Orders are placed directly on the site www.azar-models.com. However, you can order by contacting us directly by phone during office hours or during trade fairs / exhibitions.
To place an order on the website, choose your item and add it to the shopping cart. Do the same for all the products you want to buy. To finalize your order, click on your basket located at the top right of the site and you will see all of your items appear. You can change the quantity or remove unwanted products. By clicking on "Finalize my order", you continue the ordering process in order to validate your details by creating your customer account or by connecting to your account if you are already a customer.
After this identification step, you choose the delivery method and read these T & Cs by checking the box "I have read the general conditions of sale and I adhere to them without reservation" accessible by clicking on the link provided.
Finally, you can confirm your order by choosing your payment method and making the payment.
As soon as your payment has been confirmed, an email is automatically sent to you with the summary of the order. Your package will be shipped to you in careful packaging and within a reasonable timeframe, generally within 1 to 2 working days.
AZAR MODELS reserves the right to refuse to honor an order in the event that the customer has not fully or partially paid a previous order, or in the event that a payment dispute remains.
ARTICLE 5. PRICE
The prices of the articles are displayed in euros all taxes included (TTC). Prices do not include shipping costs.
For customers outside France, prices are displayed with the country's VAT for the EU or excluding tax for customers outside the EU. To display the duty-free rates, foreign customers must have created their customer account with their address in the corresponding country.
The applicable price is that indicated on the site on the date on which the order is placed by the customer.
ARTICLE 6. AVAILABILITY OF PRODUCTS
AZAR MODELS undertakes to honor orders received provided the products are available. In principle, if the product can be put in the basket, it is because it is available. The availability of each product is indicated on the relevant product page. Customers can also be informed of the restocking of a product by AZAR MODELS directly on the product page by clicking “notify me when product is available.” In any case, if the unavailability has not been indicated at When ordering, AZAR MODELS undertakes to inform the customer without delay if the product is unavailable.
If the customer decides to cancel the order for unavailable products, he will obtain a refund of all sums paid for these products, without delay and at the latest within 15 days of payment.
ARTICLE 7. PAYMENT
After confirmation of the delivery method, the Customer finalizes his order using the means of payment offered on our site: Credit card, Paypal, Check, Bank transfer and payment by telephone.
CREDIT CARD: You can pay for your products online by credit card: Visa, MasterCard, or other credit cards. The card number is entered on a secure page hosted by our bank and is therefore not known to AZAR MODELS. The information is encrypted using SSL technology. We use the MONETICO secure payment from CIC. When paying, you record the bank card number and expiration date, as well as the cryptogram (3-digit number on the back of the bank card) which are immediately encrypted before being sent to the bank. Payment is made immediately and an order confirmation email is sent to you.
BY PAYPAL: If you have a Paypal account, you can choose the Paypal payment method. You will be redirected to a secure PayPal payment page to pay for your order in a few clicks. Once payment has been accepted, a confirmation email with the summary of your order is sent to you.
BY TRANSFER: You can pay by bank transfer. Our bank details will be communicated to you at the end of the ordering process with the summary of your order. We wait to receive your payment before delivering the order. You have 14 days to send us your bank transfer. After this period we cannot guarantee the availability of the products ordered.
AZAR MODELS will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the site. If the bank refuses to debit a card or other means of payment, the customer must contact AZAR MODELS in order to pay for the order by any other valid means of payment. In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the customer proves impossible, the order will be automatically canceled.
ARTICLE 8. COSTS AND DELIVERY METHOD, RETURN OF THE PACKAGE
Delivery times are given as an indication when choosing the delivery method.
As the delivery of orders is ensured by our carrier service providers (Colissimo, etc.), AZAR MODELS cannot guarantee their delivery times. Consequently, the customer cannot hold AZAR MODELS responsible for any delay or delay greater than that announced.
The up-to-date delivery conditions are available on the DELIVERY page of the AZAR MODELS website.
In the event of a return of a parcel due to an incomplete address or an address entry error by the customer during the ordering process, AZAR MODELS may ask the customer to pay the redelivery costs for the new shipment.
ARTICLE 9. RIGHT OF WITHDRAWAL (EU CUSTOMER)
In the context of distance selling you have a legal right of withdrawal (Article L.221-18 of the Consumer Code). You have fourteen (14) days from receipt of the order to notify us of your decision to return your order or one of the products in your order. You then have at most fourteen (14) days to return the good to us, without undue delay. Upon receipt of the good and after checking its condition, if it is validated, we undertake to reimburse you for the total amount of the good without undue delay and at the latest within fourteen (14) days of receipt.
Products personalized or made to order for the customer are not eligible for the right of withdrawal.
To exercise your right of withdrawal, you can send AZAR MODELS within 14 days of receipt of the order the product to be returned accompanied by a letter specifying your contact details, the date, the order number, the date of receipt of the order. order and the list of returned products.
The returned product must be unused and in its original packaging intact, including all the accessories delivered. It must be packaged and protected to guarantee maximum protection during return delivery. Attach the copy of the purchase invoice. Any product damaged during the return or used by the customer cannot be refunded.
Return delivery costs as well as any customs costs (packages outside the EU) are the responsibility of the customer and will not be reimbursed.
ARTICLE 10. GUARANTEES / DEFECTS AND RETURNS
Upon receipt of the order by the customer, he has 3 days to notify us of any missing parts or any product defects.
In the event of a damaged package, the customer must take the necessary steps to lodge a complaint with the carrier, mentioning his remarks on the delivery documents and at the latest within 2 days of delivery.
It is recalled that despite all the attention paid to the manufacture of products by AZAR MODELS and the advanced technologies used, the assembly and decorations are carried out in an artisanal way in our workshops. Therefore any irregularity or defect in appearance, color or fit must be considered as proof of our craftsmanship carried out in our workshops in France.
The customer benefits from the legal warranty period of 2 years from the date of delivery and for normal use of the products (compliance with the instructions, intensity, frequency and reasonable conditions of use).
In any event, AZAR MODELS can only be held liable up to the limit of the value of the product on its date of purchase.
This warranty does not cover wear parts or consumables. Any modification, even partial, of the structure and electronic elements of a product or of any of these elements will void the warranty.
No replacement or repair of product will take place without it being analyzed by AZAR MODELS and provided that this intervention is accepted by AZAR MODELS. The customer undertakes to provide AZAR MODELS in good faith with all the additional elements necessary for this analysis.
In the event of an after-sales service return, the cost of transport for all products as well as all equipment that should be returned to us, whether under warranty or not or for any other reason, will be at the customer's expense and charge. The products will travel at their own risk.
In the event of a defect in a product sold by AZAR MODELS, or part of it, AZAR MODELS cannot under any circumstances be held liable for any damage or loss whatsoever, direct or indirect, which may result therefrom. In all cases, AZAR MODELS 'intervention will be limited to repair or replacement of the defective part. In the event that a part claimed to be defective is not, the costs incurred by the tests thereof, such as labor, the necessary equipment as well as the cost of transport will be invoiced to the Customer.
ARTICLE 11. RESPONSIBILITY
AZAR MODELS cannot under any circumstances be held liable in the event of non-performance or improper performance of contractual obligations attributable to the customer, in particular when entering his order.
AZAR MODELS cannot be held responsible, or considered to have failed in the present conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by case law. French courts and tribunals.
ARTICLE 12. INTELLECTUAL PROPERTY
All visual and sound elements of the site, including the underlying technology used, are protected by copyright, trademark and / or patent law, under intellectual property rights.
Any total or partial reproduction of the azar-models.com site is strictly prohibited without the written consent of the company.
ARTICLE 13. CONFIDENTIALITY AND PERSONAL DATA
AZAR MODELS collects personal data about its customers on the site.
The data collected is used exclusively to process orders placed on the site and if the customer has chosen this option, send him commercial prospecting letters, newsletters, promotional offers and / or information on special sales. Customers can unsubscribe at any time by clicking on the link provided for this purpose at the bottom of each offer received by email. The customer's data are kept confidentially by the seller in accordance with his declaration made to the CNIL under the number (in progress), for the purposes of the contract, its execution and in compliance with the law.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the customer has the right to access, rectify, oppose (for legitimate reasons) and delete of his personal data. He can exercise this right by sending an email to the address: email@example.com or by sending a letter to the address AZAR MODELS 2 rue robert Schuman 44400 REZE.
AZAR MODELS is the sole owner of the information collected on our site. Your personal information will not be transmitted, sold, given to another company, apart from the company that takes care of the delivery of your purchases.
We take measures to protect the security of your personal information. We use encryption of your sensitive information transmitted online.
ARTICLE 14. JURISDICTION IN CASE OF DISPUTE AND APPLICABLE LAW
This contract is subject to French law. AZAR MODELS cannot be held liable for any damage of any kind, whether material, immaterial or bodily, which could result from a malfunction or from the improper use of the products sold. It is the same for the possible modifications of the products resulting from the manufacturers. The responsibility of AZAR MODELS will, in any case, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of this contract, the customer has the possibility, before any legal action, to seek an amicable solution in particular with the help of: a professional association of the branch, an association of consumers or any other advice of his choice. It is recalled that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honors his financial commitments to the seller.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to explain their situations. In the event of a dispute, the customer will first contact AZAR MODELS to obtain an amicable solution.
Otherwise, the Nantes Commercial Court in France has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.