Terms and Conditions of Sales

Preamble

The purpose of these general terms and conditions of sale (hereinafter "General Terms and Conditions of Sale") is to set out the parties’ rights and obligations in the framework of the online sale of products distributed by "ASENT" (hereinafter, the "Products") via the websites WWW.AVENUEDESJEUX.COM; WWW.RUE-DES-MAQUETTES.COM; WWW.SCALE-MODEL-BOULEVARD.COM; WWW.RUE-DES-PUZZLES.COM and WWW.RUEDELAFETE.COM (hereinafter the "Websites"). published by ASENT, a simplified joint stock company with a share capital of €50,000, whose registered office is located at 63 les Raillères, 44330 VALLET (France) registered with the Trade & Companies Register of Nantes under no.841 880 768, intra-community VAT no. FR63 841 880 768, hereinafter referred to as the "Seller". Publication Director: ASENT.

If you decide to use the Websites, you agree that ASENT may collect and use information about you, including personal and financial information, as set out in this Privacy Policy.
ASENT publishes the Websites www.avenuedesjeux.com; www.rue-des-maquettes.com, www.scale-model-boulevard.com, www.rue-des-puzzles.com and www.ruedelafete.com which includes the processing and storage of all data collected on or through the Websites. ASENT has established a Privacy Policy to inform its users of its practices regarding the collection, use and disclosure of information obtained from the Websites.

The Sites are hosted with OVH. Pursuant to French Act no. 2004-275 for Confidence in the Digital Economy (LEN), you will find our host’s contact details below:
OVH
140, Quai du Sartel
59100 Roubaix
Trade and Companies Register Roubaix 424 761 419 00011

The Websites have been declared to the Commission nationale de l'informatique et des libertés (French Data Protection Authority or CNIL) under number 11192313.

The General Conditions of Sale are drawn up as well as all the contractual information on the Sites in the French language.

Placing an order for Products on the Sites implies the Customer's acceptance, without restriction or reservation, of all the provisions of the General Conditions of Sale appearing on the Sites at the time of the order. No general or specific condition appearing in the documents sent by the Customer may be incorporated herein without the express and written consent of the Seller and will be considered void.

The purchase of Products on the Websites is reserved exclusively for consumers acting for purposes that do not fall within the scope of their commercial activity (hereinafter the "Customer").

Article 1 : Application of conditions

The GTC are made available to consumers on the Seller's Sites where they can be viewed directly.
The GTC are enforceable against the Customer, who acknowledges, by checking a box provided for this purpose, to be aware of them and the have accepted before placing an order.
The nullity of a contractual clause does not entail the nullity of the GTC.
The temporary or permanent application of one or more clauses of the GTC by the Seller cannot constitute a waiver on its part to the other clauses of the GTC which continue to produce their effects.

The Customer is defined below as the consumer placing the order and thereby accepting these General Conditions of Sale. The General Conditions of Sale apply exclusively to all sales concluded by the Seller. The mere fact of placing an order or accepting an offer from the Seller implies unreserved acceptance of these General Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1369-4. of the Civil Code. These general conditions may be modified at any time and without notice by the Seller, the modifications then being applicable to all subsequent orders.

Article 2 : Orders

To place an order, the Customer after having filled his virtual basket by indicating the selected Products and the desired quantities, clicks on the button "Place my order" / "Continue my order" and provides the information relating to the method of payment as well than the delivery method.

In the event of a basket composed after 10 p.m., it will be stored for two hours. After this period, it will be automatically deleted, and the Customer will have to refill their virtual basket to place an order.

Before clicking on the button "I validate my basket", the Customer has the possibility of checking the details of his order and its total price and of returning to the preceding pages to correct any errors and possibly modify his order.

The confirmation of the order implies acceptance of the GTC and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the Seller as soon as possible.

In the context of orders made on the Internet Sites, orders are effective from the date of receipt of payment for checks, bank transfers, gift vouchers, cash orders and administrative orders and from the debit date of the Customer's account for bank cards or Paypal payments.

Any offer to sell is subject to available stocks.

The Seller reserves the right to refuse any order for legitimate reasons and, more particularly if the quantities of Products ordered are abnormally high for buyers having the status of consumer.

Article 3 : Offer

The Products offered for sale presented in the catalog published on the Sites are the subject of a description mentioning their essential characteristics in accordance with Article L111-1 of the Consumer Code.

The photographs illustrating the Products are contractual. However, in exceptional cases, these visuals are given for illustrative purposes. We invite you to refer to the description of each product where all the characteristics of the products are precisely described.

The online sales offers presented on the Sites are valid, in the absence of specific duration indication, as long as the Products appear in the electronic catalog and within the limits of available stocks.

Promotional offers are not cumulative.
Promotional offers with discount codes are exclusively reserved for our private customers for delivery in France and Europe.
Are not affected by promotions, discounts, discounts and sales and free delivery of 5.5% VAT products and books.

Article 4 : Product prices

All prices are net in euros including all taxes.

The costs of packaging, transport and freight insurance are not included.

The delivery costs are invoiced in addition, they appear on the summary of the Customer's order before validation of the latter by the Customer.
The total amount due by the Customer is indicated on the confirmation page of the order.
The sale price of the Product is that in force on the day of the order.

The Seller reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.

Article 5 : Delivery - Transport

Whatever the mode of delivery, the risks and dangers of transport (loss, damage or theft) are the responsibility of the Seller. However, we invite our Customers to check the goods on arrival and to exercise, if necessary, their recourse against the carrier as soon as possible by registered letter with acknowledgment of receipt and formulate their complaint in writing, photos. in support, via its customer area within 7 days after the date of receipt of the order. If a return of the Product (s) is requested, the Seller will provide the Customer with a prepaid return slip. The Customer has, after obtaining the return form by the Seller, a period of 7 days to send the defective goods.
In the event of a delay or delivery incident, the Customer must formulate his complaint in writing via the contact form within 30 days after the date of shipment of his order. The risks and dangers of transport are the responsibility of the Seller, the ASENT company is therefore the only company entitled to lodge a complaint with the carrier as the sender of the order. The search times with the carrier for parcels destined for France can be up to 30 days and for international shipments the investigation times can go up to 90 days. Once the result of the investigation is known, the seller will return the order subject to the availability of the items or refund the order.

In all cases, delivery is made either by direct delivery to the Customer, or by notice of availability.
In the event that a Relay Point is unavailable, your package will be delivered to another Relay Point . You will be notified by SMS or Email by the carrier.
Packages are delivered within a maximum of 30 working days.
The Seller is authorized to make partial deliveries. In all cases, delivery on time can only take place if the Customer is up to date with his obligations towards the Seller, whatever the cause.

Article 5.1 : Processing of undeliverable parcel returns

In the case of a parcel return for the following reasons: not collected at the post office or at the relay point, refused for a reason other than damage to the parcel, recipient not living at the address indicated and delivery address incomplete or incorrect, we will not reship it. Upon receipt of your package, we will credit your digital wallet with the amount due for the returned items within 30 days, without the delivery fees. This credit note, valid for 6 months, will be deducted from your next order. However, if you prefer a refund, we invite you to send us a request via the contact form.

For orders placed as part of quotes or for professionals, no product returns will be accepted outside the context of a lack of conformity or a consumer recall. The products will be returned to you upon receipt of the return to our warehouse.

Shipping of products not in stock

Some items are offered for sale with a dispatch date of more than 24 hours. The words ‘Dispatched within XX days of your order’ are specified on the product sheet for the items concerned. These items are currently in stock and will be dispatched within the time indicated on the product sheet. An order containing items available immediately and at least one item not available immediately will be dispatched in a single shipment within the longest period indicated on these products.

Article 5.2 : Orders over 30kgs

Orders over 30 kg are subject to special pricing, for all destinations.
Details of costs are displayed when ordering, once the delivery address has been entered.
To know an estimated amount of return costs in the case of a parcel over 30kgs, refer to article 7 - Right of withdrawal.

Article 5.3 : Orders over size and / or over 90kgs

Orders oversized and / or weighing more than 90kg, can be collected on site or failing that, are sent by special carrier.
Sending by special carrier, delivery costs fluctuate in depending on the place of delivery.

These will be known once the pricing of the special carrier is known.

The order will remain blocked and will only be validated after acceptance by the Customer of the total price, including special transport pricing.

Article 5.4 : Free delivery special offer

During certain commercial operations limited in time, shipping costs may be offered.
This free delivery is only valid under certain conditions, specified on the Sites at the time of the operation.
None free delivery will not be retroactive.
Free delivery is not possible for orders over 30kgs and / or oversized.

Under article L121-20-3 paragraph 5, the Seller will not be held responsible if the non-performance or poor performance of the contract is attributable either to the Customer or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.

Article 5.5 : International delivery

For deliveries outside the European Union, the Customer does not have to pay French VAT because we do not apply customs taxes to the purchase. Taxes will therefore be payable on delivery. In the event of a return of the order for non-payment of customs fees, the order will be reimbursed (excluding shipping costs) within 14 days of receipt of the return.
For international shipments: your delivery costs will be automatically calculated in step 2 of your basket "Address and delivery" according to the weight of your ordered. Shipping costs are provided for information only. After preparing your order and calculating the final amount of shipping costs, we may need to contact you again in order to pay additional shipping costs. The order will remain blocked and will not be validated until you have accepted your share of the total price.
The customs clearance of parcels destined for Brazil has been carried out in Miami since the end of 2014. In this respect, additional taxes may also be requested.
In case of refusal of the delivery for a reason other than the deterioration (refusal to pay customs fees, withdrawal ...), the return will be invoiced to you. As such, the shipping costs paid during your order will not be reimbursed to you.

Article 6 : Right of withdrawal

Under the conditions provided for by article L121-20 of the Consumer Code and in the context of distance selling, the Customer has a withdrawal period of 14 clear days from receipt of his order.

Prior to his right of withdrawal, the Customer will notify customer service on the contact form specifying its name, email address, order number, order date and the reference of the item (s) concerned. The Seller will send the Customer a return number to be written on the package, as well as the address to which to return the Product (s). The Customer has 14 days following the communication of his decision to withdraw to return the Products concerned.

The item must be returned in its original, undamaged packaging, complete with instructions and accessories.

The return of goods is carried out at the expense, risk and peril of the Customer. It is up to him to keep proof of the return of the Products and to insure the Product according to its value.
Items returned incomplete or damaged cannot be returned or exchanged.
We would like to inform you that in the event of a refusal of the order on delivery for a reason other than deterioration or in the context of a withdrawal, the return costs are payable by the Customer. Postage due or COD shipments will be refused.

In accordance with article L121-21-8 of the Consumer Code, the reimbursement does not apply in particular to personalized Products or Products unsealed by the Customer and cannot be returned for reasons of hygiene or health protection.
Here is an estimated return costs for parcels over 30kgs, in mainland France:

Via colissimo: 50 euros
Via special carrier: 99 euros minimum depending on the shipping department
Upon receipt of the package and subject to the above conditions being met, our customer service will proceed the reimbursement of the Product (s) concerned the recovery of the Product (s) or until the Customer has provided proof of shipment of the Product (s), under 14 days. We will process the refund using the same payment method you used for the initial transaction.

ASENT will reimburse using the same means of payment as the one you used for the initial transaction, except as specified in the section Payment - Methods of payment.

For orders placed as part of quotes or for professionals, no product returns will be accepted outside the context of a lack of conformity or a consumer recall.

Article 7 : Guarantee and after-sales service

It is the Customer's responsibility to check the number and condition of the Products upon receipt. The Seller is

the legal guarantee of conformity in accordance with articles L217-4 and following of the Consumer Code and the legal guarantee against hidden defects in accordance with articles 1641 and following of the Civil Code.

As part of the legal guarantee of conformity, the Customer:

- has a period of two years from the delivery of the Product to act with regard to the Seller;

- can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. If the repair or the replacement of the good is impossible, a return against refunding or a partial refund can be proposed;

- is exempt from providing proof of the existence of the lack of conformity of the Product during the six months following delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies regardless of any commercial guarantee granted by the manufacturer or the Seller. It is recalled that the Customer can decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Article L217-4 (consumer code): The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L217-5 (consumer code):
The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable :
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that '' a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if he presents the characteristics defined by common agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 (consumer code): Action resulting from lack of conformity lapses two years after delivery of the goods.

Article 1641 (civil code): The seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which so reduce this use that the buyer would not have acquired, or would have given a lower price, if he had known them.

Article 1648 (civil code): The action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.

The Customer must make his complaint in writing to customer service using the form available on the contact form . It is necessary on this occasion that he gives his precise coordinates and provides the designation and / or reference of the elements concerned, the problem observed (breakdown, missing part ...) with, if possible, photos and the corresponding order number the correct follow-up of the Customer's request.
As part of the return of a defective Product under warranty, we bear the cost of returning the Product.
The Customer has after obtaining the return number by the Seller for a period of 7 days to return the defective goods.
During the return, the Customer will include the words "After Sales Service" as well as the return number communicated to him by the Seller directly on the package and he will also provide a copy of the invoice or order number. Without communication of the invoice or order number, the request cannot be taken into consideration.

Article 8 : Responsibility

The Products offered comply with current French legislation. The Seller cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered (for example in the event of a ban on a title or a product). It is your responsibility to check with the local authorities the possibilities of importing or using the Products that you plan to order. The photographs illustrating the Products are contractual. However, in exceptional cases, these visuals are given for illustrative purposes. We invite you to refer to the description of each product where all the characteristics of the products are precisely described. We invite you to refer to the description of each product where all the characteristics of the products are precisely described.

The Seller's liability cannot be engaged in the event that the non-performance of its obligations is attributable either to the act of a third party to the contract or to a case of force majeure as defined by French case law. Similarly, the Seller cannot be held liable for all the inconveniences or damage inherent in the use of the Internet network, in particular an interruption or break in service, an external intrusion or the presence of computer viruses.

Article 9 : Tax refund and export

The prices displayed on the Sites are inclusive of all taxes (TTC).

For deliveries outside the European Union, the Customer does not have to pay French VAT because we do not apply customs taxes to the purchase. Taxes will therefore be payable on delivery.

Article 10 : Payment - method of payment

Article 10.1 : Credit card payment

The total amount owed by the Customer is indicated before the final validation of the order on the Sites as well as in the confirmation email sent by the Seller.
The price is payable in full after confirmation of the order.

Payment for purchases is made using a payment card.

We accept payments by credit card such as Mastercard and Visa.
The minimum payment by credit card is € 1.
To proceed with the payment, the Customer must provide certain information relating to the credit card including the name of the card holder, the number of the bank card, its expiry date and its cryptogram number. Payment for the order is made using the CIC secure payment solution.
Payment will be considered validated after confirmation of the payment agreement made by the issuing body. In case of refusal by the bank, the order will be automatically canceled and the Seller will therefore be released from all obligations and liability towards the Customer.
The Seller also reserves the right to refuse any order from a Customer who does not have not fully or partially settled a previous order or with which a dispute is in progress.

Article 10.2 : Payment by Bank transfer

We accept payments by bank transfer, the details of the account to be credited are sent by email after the order has been confirmed. The processing of the order starts upon receipt of the transfer. If this has not been received within ten days, the order is canceled. The bank transfer to pay for your order will be made to our BNP Paribas account.

Article 10.3 : Payment by Paypal

The service is accessible for any purchase without a minimum amount.
The validation of the order by Paypal is worth mandate to pay the price including all taxes of the order. By choosing Paypal as the method of payment, you authorize the Seller to debit your account at any time for the payment of your order.
In the event that the buyer wishes to ship an order to a delivery address other than the one recorded in his Paypal account, the seller reserves the right to request supporting documents (relating to identity and domicile) or not to honor the order concerned.

Article 11 : Personal information collected and Privacy Policy

By using the Internet sites www.avenuedesjeux.com, www.rue-des-maquettes.com, www.scale-model-boulevard.com, www.rue-des-puzzles.com and www.ruedelafete.com you agree to the collection, use and disclosure of your information as described in the Privacy Policy available on our Sites.
This Privacy Policy Confidentiality reflects the professional practices in force within ASENT on the date of the last update. It can be modified at any time without prior warning.
In the event of modification or update, the revised Privacy Policy will be posted on the Internet sites www.avenuedesjeux.com, www.rue-des-maquettes.com, www.scale-model-boulevard.com, www.rue-des-puzzles.com and www.ruedelafete.com with mention of the last update date.

The nominative information on the Customer is collected by ASENT within the framework of
and for the purposes of processing, paying and sending his order as well as for the
needs of commercial relations with the Customer. This information can also be used by service providers appointed by ASENT in order to optimize the technical or logistical functions or to fight against misuse of the Site.

In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, known as the "Informatique et Libertés" law, ASENT guarantees the User a right of opposition, of access and rectification of personal data concerning him. The User has the possibility to exercise this right:
- on his customer account
- by using the contact form
- by calling our customer service at +33 (0) 2 85 52 94 38 (phone call to France)
- or by post to ASENT, 9 rue de Bretagne, 44190 BOUSSAY, FRANCE.

You can ask ASENT to correct, update, or delete the information you have provided to the Seller, and which you have authorized to keep in the customer database, by contacting our Customer Service via the contact form.

If applicable, you must ensure that you provide ASENT with updates or changes to information concerning you, including in particular that relating to your postal and / or electronic address in order to enable us to send your information. orders to the correct address and contact you about it if necessary. The Seller may also keep, for archival purposes, copies of communications with users of the Websites and any response to questions or comments sent to users by our Customer Service.

Article 12 : Intellectual property

The content of the Site is protected by legislation relating to intellectual property for the whole world and for the duration of the protection of these rights. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. Any reproduction, representation, modification or total or partial adaptation of the Site and / or all or part of the elements found on the Site or which are incorporated therein is strictly prohibited.

The company names, brands and distinctive signs reproduced on the Site are protected by copyright. Any reproduction or representation of any of the aforementioned signs is strictly prohibited and engages the user's criminal and civil liability.

Article 13 : Applicable law - Attribution and jurisdiction clause

This contract and the GTC governing it are subject to French law.

For any complaint related to a purchase made on the Site, please contact customer service via the contact form or by mail at the following address ASENT, 9 rue de Bretagne, 44190 BOUSSAY, France.

In accordance with the provisions of the Consumer Code, you can make free use of the mediation service for consumer disputes offered by the Site : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. Any consumer dispute must be submitted in writing to Customer Service beforehand before any request for mediation. Referral to the mediator must be made within one year of the Customer's written complaint to the Seller.

Any unresolved dispute following the procedure described above relating to the order form and these GTCS, will be subject to the jurisdiction of the defendant's court or that of the actual delivery of the Product in accordance with the legal rules of jurisdiction.

Article 14 : Promotional offers

Each commercial transaction will be subject to specific conditions. These will be communicated on the dedicated pages.

The conditions of permanent and special offers are accessible by clicking here.

Red point article :
The price of this article is calculated as accurately as possible.
It is therefore in fact affected by a limited number of promotional offers.

Blue point article :
Within the framework of the respect of the Lang law 81-766 of August 10, 1981, this product cannot benefit from the free delivery, nor from additional discount.

Update on : 24/06/2019