These Terms and Conditions of Sale apply to the sale of products by Densfocus. In addition, each time you use any present or future Densfocus service, you shall also be subject to the general terms and conditions and the specific terms and conditions applicable to such service. Such General Terms and Conditions shall prevail over these Terms and Conditions of Sale in the event of any inconsistency between the two. Please read these terms and conditions carefully before placing your order with Densfocus. By placing your order with Densfocus, you agree to be bound by these terms and conditions.
1. OUR CONTRACT
When you place your order, we will send you an email confirming receipt of your order. We will also inform you about the delivery of your products. You agree to receive invoices for your purchases electronically. Electronic invoices will be provided in PDF format in the My Account section of the website. For each delivery, we will inform you of the possibility of obtaining an electronic invoice, in the shipping confirmation email. For more information about the e-invoice and how to receive a paper invoice, please contact us.
2. RIGHT OF WITHDRAWAL
Please note that because all Densfocus artworks are "made to your specifications or clearly personalized" (ref exceptions right of withdrawal). THEREFORE THEY ARE FINAL SALES.
3. PRICES AND AVAILABILITY
All prices are inclusive of legally applicable taxes (VAT), currently 21%. We include on the website information on the availability of the products we sell, detailed on the information page of each product. It is not possible for us to provide more precise information about the availability of a product beyond what we show on the product information page or elsewhere on the website. When we process your order, we will inform you as soon as possible by email if any of the products included in your order are not available. In such a case, we will not charge you for that product. Please note that, unless otherwise stated on the website, estimated delivery times are approximate. They are not guaranteed delivery times and therefore cannot be taken for granted. Most of our products are delivered within approximately 12 to 15 working days, unless expressly indicated in the product description.
Despite our best efforts to avoid this, it is possible that there may be incorrect prices in our catalogue. We will verify the price at the time we process your order. If we have made a mistake and the correct price of the product is higher than the price shown in our shop, we may contact you prior to dispatch of the order so that you can confirm whether you wish to purchase the product at the correct price, or cancel your order. If the correct price of the product is lower than the price shown in our shop, we will charge you the lower price and proceed with the shipment of the product.
4. PRODUCT INFORMATION AND FEATURES
Unless expressly stated otherwise, Densfocus is not the manufacturer of the products sold in our shop. While we make every effort to ensure that the information on our website is correct, sometimes product packaging and materials may contain additional or different information than what appears in our shop. Components may also change. We recommend that you do not stop to read only the information available on our website but also carefully read the labelling, warnings and instructions accompanying the product before use. The products shown in our shop can be ordered in different versions or colours.
Please note that sometimes variations in colours or features may vary in the physical product due to different colour interpretations of the monitors and computer screens from which you access the shop.
5. CUSTOMS INFORMATION
When you order products from Densfocus for delivery to a country outside the European Union, you may be liable to pay import duties and taxes, which will be charged to you when the package arrives at its destination. Any additional charges due to customs clearance will be borne by you. Densfocus has no control over such amounts. Customs policies vary significantly from country to country so please check with the relevant customs office for further information. Please also remember that when you formally place an order with Densfocus, you are considered by law to be the importer and must comply with all applicable laws and regulations in the country in which you receive the product. Your privacy is a matter of great importance to us. We want our international customers to be aware that international shipments are subject to inspection and opening by customs authorities.
6. OUR LIABILITY
Neither Densfocus nor its group companies shall be liable for (I) any losses which are not attributable to any breach by you, (II) business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or (III) any indirect or consequential losses which were not reasonably foreseeable by both parties at the time the contract for the sale of the products was made between the parties.
Nothing in these terms and conditions limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or wilful misconduct.
Furthermore, Densfocus shall not be liable for any delay or failure to perform its obligations under these terms and conditions if such delay or failure is attributable to circumstances beyond our reasonable control. This provision does not affect your right to receive the product within a reasonable time. If the delay occurs prior to shipment of the product, Densfocus will not charge you for the product until the product is shipped to you and you may cancel the order at any time prior to such shipment.
The terms and conditions of the warranty that Densfocus offers on its products vary depending on whether you are a "consumer" or another person "acting for purposes which fall within the scope of his professional activity" in accordance with the provisions of Directive 1999/44/EC of the European Parliament and of the Council.
If you purchase the product in your capacity as a "consumer", you are entitled to the guarantee of conformity provided for in the legislation according to which the delivered good must be in conformity with the contract, and to which the seller is legally bound (Legal Guarantee).
In addition, you may be entitled to any other guarantee (the Commercial Guarantee) that may be granted by the manufacturer or a third party. The name of the entity granting the Commercial Warranty and the terms and conditions of the Commercial Warranty are generally stated in the documentation included in the product packaging, which we invite you to read and keep in your possession.
Densfocus shall not be liable for the fulfilment of the obligations under the Commercial Warranty provided by third parties.
7. APPLICABLE LAW
These terms and conditions shall be governed by and construed in accordance with the laws of Spain, expressly excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Spain.
8. MODIFICATION OF THE CONDITIONS OF SALE
We reserve the right to make changes to our website, our policies and our terms and conditions, including these Conditions of Sale, at any time. You will be bound by the terms and conditions, policies and Conditions of Sale in effect at the time you place your order, unless, by law or by requirement of public authorities, a change to such terms and conditions, policies or these Conditions of Sale must be made (in which case, such changes may apply to any orders you have previously placed). If any of these conditions shall be declared invalid, void or for any reason unenforceable, such condition shall be deemed severed and such declaration shall not affect the validity and enforceability of the remaining conditions.
9. WAIVER
In the event of a breach by you of these Conditions of Sale, and notwithstanding that Densfocus may not exercise any rights available to it at such time, Densfocus may exercise such rights and remedies on any other occasion on which you may be in breach of these Conditions of Sale.
10. MINORS
We do not sell products to minors. Minors under the age of 18 may only use Densfocus under the supervision of a parent or guardian.
11. OUR DETAILS
Our contact details are as follows:
Domain name: www.densfocus.com
Trade name: densfocus
Company name: Denis Charretier
Registered office : Le Clos Meunier / 42140 - Chazelles sur Lyon
Téléphone : +33.(0)6.18.56.00.51
e-mail: info@densfocus.com