ARTICLE 1 - Field of application
The present General Conditions of Sale apply, without restriction or reserve, to all sales concluded by Aaron Patterson Web Designer Limited ("the Vendor") with consumers and non-professional buyers ("the Customers or the Client"), wishing to acquire the products offered for sale by the Vendor ("the Products") on theapollostore.com website.
They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.
These General Terms and Conditions of Sale may be supplemented by special terms and conditions, stated on the website, before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on theapollostore.com website and will prevail, if necessary, over any other version or any other contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website at the date of placing the order.
ARTICLE 2 - Products offered for sale
The Products offered for sale on the website theapollostore.com are the following
- Scientist Objects
- Science Decor
- Wall decoration
- Lighting
- Art of the Table
- Children's space
- Gift Idea
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on theapollostore.com website
The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the science-decor.com website are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in American language and is confirmed at the latest at the time of validation of the order by the Customer.
ARTICLE 3 - Duration of validity of the offer of Products
The offers of Products are within the limits of available stocks, such as specified at the time of the placing of the order.
ARTICLE 4 - Vendor's contact details
The Vendor's contact information is as follows
Aaron Patterson
(571-264-3445)
4278 Catlett Road
theapollostore.com
In accordance with the Data Protection Act of January 6, 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing, by mail and proving his identity, to the address of the Seller, mentioned above.
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms of Sale.
The Customer acknowledges having the required capacity to contract and acquire the Products offered on theapollostore.com website.
ARTICLE 5 - Orders
5-1 . Placing an order
It is the Customer's responsibility to select on the science-decor.com website the Products he/she wishes to order, according to the following modalities :
The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance. It is the Customer's responsibility to verify the accuracy of the order and to report or correct any errors immediately.
The registration of an order on theapollostore.com website is completed when the Customer accepts the present General Terms and Conditions of Sale by checking the box provided for this purpose and validates his order. This validation implies the acceptance of the entirety of the present General Sales Conditions as well as the general conditions of use of theapollostore.com website.
The sale is final only after the Seller has sent the Customer confirmation of the acceptance of the order by e-mail, which must be sent without delay, and after the Seller has collected the full price and the full deposit due.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on theapollostore.com website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
The Customer may follow the progress of his order on the science-decor.com website under the heading "Order tracking".
The Seller does not intend to sell the Products on the science-decor.com website to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders of the same Product in large quantities and comprising more than 10.
5-2 . Modification of the order
Any modifications to the order by the Customer shall be taken into account by the Seller only within the limits of its possibilities and provided that they are notified by e-mail to the following address: [email protected] to the Seller at least 2 days before the date scheduled for shipment of the order.
In the event that these modifications cannot be accepted by the Vendor, any sums paid by the Customer at the time of placing the order shall be refunded to the Customer within a maximum period of 15 days from the notification of the impossibility of accepting the modifications requested by the Customer (unless the Customer prefers to benefit from a credit note or an exchange).
5-3 . Cancellation of the order
Orders may be cancelled by the Customer, except in the event of the exercise of the right of withdrawal or in the event of force majeure, at least 2 days before the date scheduled for the supply of the Products ordered, at no cost to the Customer.
In the event of cancellation of the order by the Customer after its acceptance by the Vendor less than 3 days before the date scheduled for the supply of the Products ordered, for any reason whatsoever except the exercise of the right of withdrawal or force majeure, the deposit paid at the time of the order, as defined in the article "Terms of payment" of these General Terms of Sale, shall be automatically acquired by the Vendor and shall not give rise to any reimbursement.
ARTICLE 6 - Prices
The Products are supplied at the prices in force appearing on the science-decor.com website, at the time of the registration of the order by the Seller. The prices are expressed in Euros, including VAT.
The prices take into account any discounts granted by the Seller on the science-decor.com website.
These prices are firm and non revisable during their period of validity, as indicated on the science-decor.com website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They include the costs of processing, shipping, transportation and delivery.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
ARTICLE 7 - Terms of payment
The price is payable in cash, in full on the day the order is placed by the Customer the order is shipped by the Seller the delivery of the Products ordered, by secure payment, according to the following methods:
- By credit cards: Bank card, Visa, MasterCard, American Express, Maestro
- Paypal
- By phone: Apple Pay, Google Pay, Shop Pay
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
ARTICLE 8 - Delivery
The Products ordered by the Customer will be delivered in United States and abroad within 8 to 18 days after the order has been shipped - the shipping time indicated on the Product sheet plus the processing and delivery time - to the address indicated by the Customer when ordering on the science-decor.com website.
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are communicated as an indication. If the ordered Products were not delivered within 30 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2 L 216-3 L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or withholding.
In case of non-conformity of the delivered Product, the Seller - undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Responsibility of the Seller - Guarantee".
The Seller assumes the risks of transport and is obliged to reimburse the Customer in case of damage caused during transport.
Deliveries are made by an independent carrier to the address given by the Customer at the time of the order and to which the carrier has easy access.
ARTICLE 9 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be made at the time the Customer takes physical possession of the Products. The Products are therefore transported at the risk of the Seller.
ARTICLE 10 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days as from the reception of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or to pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (14 days at the most following the communication of the decision of withdrawal) following the notification to the Vendor of the Customer's decision of withdrawal.
Returns are not yet accepted in their original condition and complete (packaging, accessories, instructions...) allowing them to be remarketed as new, accompanied by the purchase invoice.
The right of withdrawal may be exercised online, using the withdrawal form available on the science-decor.com website, in which case an acknowledgement of receipt on a durable medium shall be immediately communicated to the Customer by the Seller, or any other unambiguous statement expressing the will to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased will be reimbursed.
The refund will be made within fourteen days (at the most 14 days) from the notification to the Seller of the decision of withdrawal.
ARTICLE 11 - Seller's responsibility - Guarantee
The Products sold on the science-decor.com website comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
- the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
under the conditions and according to the modalities mentioned in the box below and defined in appendix to the present General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that under the legal guarantee of conformity, the Customer has a period of two years from delivery of the goods to act against the Seller; - may choose between repair or replacement of the Product ordered, subject to the conditions of cost provided by Article L 217-9 of the Consumer Code; is exempted from proving the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.
The legal warranty of conformity applies independently of the commercial warranty that may cover the Product. The Customer may decide to implement the warranty against hidden defects in the Product in accordance with Article 1641 of the Civil Code; in this case, he/she may choose either the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.Indeed, Article L.217-3 of the Consumer Code provides:
"The seller delivers a good that conforms to the contract as well as to the criteria set forth in Article L.
217-5. He is responsible for the defects of conformity existing at the time of the delivery of the good within the meaning of article
L. 216-1, which appear within two years as from this one."
The Seller will reimburse or replace the Products or parts under guarantee judged not in conformity or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Seller's finding of the non-conformity or hidden defect.
The refund will be made by crediting the Customer's bank account.
The responsibility of the Seller shall not be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 12 - Protection of personal data
Pursuant to Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular.
This data may be communicated to any of the Seller's partners responsible for the execution, processing, management and payment of orders.
The processing of the information communicated through the science-decor.com website meets the legal requirements in terms of personal data protection, the information system used ensuring an optimal protection of these data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right can be exercised under the conditions and according to the methods defined on theapollostore.com website.
ARTICLE 13 - Intellectual property
The content of the science-decor.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting, parasitism and unfair competition.
ARTICLE 14 - Unforeseeability
The present G.S.C. expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code for all operations involving the sale of Products by the Seller to the Customer. The Seller and the Customer hereby waive the right to avail themselves of the provisions of Article 1195 of the Civil Code and of the unforeseeable circumstances provided for therein, and undertake to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution proves to be excessively onerous, and to bear all the economic and financial consequences thereof.
ARTICLE 15 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 16 - Applicable law - Language
The present general terms of sale and the operations which result from them are governed by French law.
They are written in American language. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 17 - Litigation
All the disputes to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which would not have been able to be solved between the salesman and the customer will be subjected to the courts of competent jurisdiction under the conditions of common law.
The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. cons. art. L 612-1) or with the existing sectorial mediation authorities or with any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
ARTICLE 18 - Pre-contractual information - Customer acceptance
The fact that a natural person (or legal entity) orders on the science-decor.com website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
APPENDIX 1 - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the good must :
- Be fit for the purpose ordinarily expected of similar property and, if applicable :
correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model
have the qualities that a buyer can legitimately expect, taking into account the public statements made by the seller, the producer or his representative, in particular in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
APPENDIX 2 - Withdrawal Form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on science-decor.com except exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of The Apollo Store by email: [email protected]
- Order of "Date
- Order number : ...........................................................
- Customer's name: ...........................................................................
- Customer's address : .......................................................................
Customer's signature (only in case of notification of this form on paper)