Limited liability Company with 10 000 euros capital
Registered office : 2, allée du Béguinage – 59700 Marcq en Baroeul
R.C.S. N° 500 358 155 00017
Tel : 33 (0)320.652.984 / Fax : 33 (0)320.899.282
Article 1 – OBJECT
The object of the this selling terms is first to inform any potential consumer about the terms and methods used by the Seller in order to sell and deliver the ordered items, and secondly to specify the rights and commitments of each parties within the framework of items sold by the seller to the consumer that are applied, without any reservation, to all the sales of items offered on its website by theTrains160 Company.
Therefore, ordering a item offered on the www.trains160.com website by anybody implies full and total acceptance of the present selling terms that the Buyer admits to have full knowledge before his order.
The items are available for sale to the following area: France and E.U. countries, with the exception of French DOM-TOM.
The Buyer declares before his order:
• To have the entire legal ability allowing him to commit himself with respect of the present selling terms.
• That the buy of items on www.trains160.com is without direct connection with his professional activity and is limited to a strictly personal use.
• The Trains160 Company reserves the right to change at any time the present selling terms.
• These selling terms will prevail any other general or specific terms not expressly authorized by the Trains160 Company.
• The acquisition of a good or service through the present website implies a total acceptation from the Buyer, without any reservation, of the present selling terms.
Article 2 – WEBSITE ACCESS
The Buyer personally deals with the computer and communication means in order to have access to the www.trains160.com website.
The Buyer takes care of communication costs when he logs onto the Internet and when he uses the website.
Article 3 – CONTRACT ESTABLISHING AND ORDERS
3.1 – Characteristics of offered goods and services – Availability
In accordance with the L 111-1 article of the French consumption code, the Buyer can, before his order, have the information about the essential characteristics of items that he would like to order on the www.trains160.com website.
The Buyer selects one or several items among the different categories offered on the www.trains160.com website.
The offers showed on the www.trains160.com website are valid only for the available stocks. For the not stored items in its warehouse, the offers showed on the www.trains160.com website are valid on condition that the products are available by its suppliers.
Trains160 reserves the right to change the items assortment according to its supplier constraints in particular.
The item photos, drawings and descriptions offered for sale are for information only and don't commit the Seller to anything.
In the event of an item being changed by a supplier, its graphic representation would not commit the seller responsibility neither the sale validity.
3.2 – Orders
The Buyer who would like to buy an item compulsorily must:
• Fill the order form on which he will indicate his complete name and address or his customer account if he gets one.
• Fill the online order form by indicating all the selected items or services references.
• Validate his order after checking up.
• Pay the total amount in compliance with the expected terms.
• Confirm his order and his payment.
The order confirmation entails acceptance of the present selling terms, the acknowledgement to have been informed about them and the release to pride oneself on one own buying terms or other terms.
The whole given information and the registered confirmation will be considered as a transaction proof. The confirmation will be worth of a firm and achieved transaction.
The Trains160 Company will give confirmation of the registered order by email.
The sale will be considered as definitive after the sending of the order confirmation to the Buyer by Trains160 and the collection by this one of the price in full.
Trains160 advises the Buyer to keep this information on a paper sheet or to store it on his computer.
3.3 – Price list
The selling prices of online items on the www.trains160.com website, indicated in euros, are those in force when an order form is registered by the Buyer.
They do not include the dispatch costs which are invoiced as extra charge to the price of bought items according to the order amount. The dispatch costs will be noticed before the order confirmation to the Buyer.
The price list includes the applicable VAT at the time of the order and any change of the applicable VAT rate will be automatically passed in cost on to the price list of sold items on the Trains160 website.
The items price list can be changed by Trains160 at anytime. The Buyer will be informed of this change before any order, of course, only the valid price list being this one indicated on the catalogue when the order is passed.
Article 4 – Revocation right
According to the L 121-20 article of the French consumption code, the Buyer can return the ordered item for refund at his own cost within 7 days time after the receipt date.
The returned items to Trains160 must absolutely be in a perfect condition for resale, in original condition (package, parts, instructions…), duly sealed, with the invoice corresponding to the purchase.
Furthermore, if the item includes a guarantee form or any other form to complete, this one must be unfilled so that the Buyer can use his revocation right.
Any incomplete, damaged or used item, or an item with a damaged package, will be neither paid back nor exchanged.
The practice of the revocation right will be follow according to the Buyer:
Either a pay back in cash on the credit card used for the initial order or, if it isn't possible, through a bank transfer;
Or through the allocation of a purchase coupon, in the terms mentioned at the article 6 below.
Article 5 – Methods of payment
The payments will be made by bank card; they will be achieved on line via the Secure Socket Layer (SSL) technology, the safe system of payment managed by Cyberplus from the French Banque Populaire du Nord. The payment processing is sent to the bank server, and at no time Trains160 can handle the bank card number of the Buyer. So, the exchanges are totally private. The order confirmed by the customer will only be considered as real when the centres of bank payment will give their agreement. In case of refusal from these centres, the order will be automatically cancelled and the customer will be informed by email. Furthermore, Trains160 can cancel any order of a customer which it is in dispute with. At no time, the paid sums could be considered as deposits.
The collection of the total sum corresponding to the order will be made by Trains160 when it will validate the order.
All orders must be paid in euros. The Buyer assures Trains160 that he is fully authorized to use his bank card and that this one is linked to an account which is provided enough to cover all the costs resulting from the use of the Trains160 services. Only the people legally capable to take out a contract concerning goods and services offered on the website can order on www.trains160.com .
Trains160 reserves the right to suspend or cancel any order and/or delivery, what their kind and level of achievement can be, if the Buyer owes money or in case of payment failure.
Trains160 reserves the right to ask for a copy of the Buyer's identity card for any payment by bank card.
Within the framework of the fight of Internet fraud, information relative to your order could be passed to a third party for check.
The Buyer's account will be only debited when the items or services will be dispatched and for a sum corresponding to the shipped or downloaded items and services.
At the Buyer's request, Trains160 will send a paper invoice with V.A.T.
We can export the items worldwide; you will be informed about the shipping cost before validation of your order.
Article 6 – GENERAL TERMS OF REFUND
Except specific disposals before-mentioned at Article 4, any refund under responsibility of Trains160 will be made as buy coupon expendable on our website.
In any case, Trains160 will inform by email, when this buy coupon is allocated, about:
- its term of validity,
- the possibility or not for the Buyer to ask for refund,
- its sum.
If there is no contrary mention on the buy coupon, the customer can, with a mere call to the customer service (Tel: 33. (0)320.652.984 or by email) during its period of validity, ask for converting this buy coupon in refund.
This refund will be made in priority by crediting the bank card used for the initial order or, in case of impossibility, by a transfer onto the customer bank account.
In case of part use of the buy coupon, the balance will stay available for the customer in the same conditions as the original credit.
A buy coupon will be considered as used even in case of part use or in case of refund.
By using this buy coupon, the consumer commits himself not to formulate to his bank or somebody else a contestation or a stop payment concerning the transaction related to the refund, and not to do it during one year after the use of the buy coupon.
The consumer admits to be conscious that any sinning to this commitment would expose him to the retrocession of the unduly received sum, without prejudice of damages that could be demanded by Trains160.
Article 7 – SELECTION OF ITEMS
The Buyer, being cognizant of items sold by Trains160 and their attributes, has selected the item(s) of his order under his own responsibility and functions of his demands such as he has beforehand determined them before his order.
Article 8 – DELIVERIES
8.1 – General rules
The item will be delivered at the address mentioned on the order form by the Buyer in metropolitan France, Corsica and E.U. countries.
In case of partial availability of the ordered items, Trains160 may be forced to split the orders. Therefore the available items will be sent in a first time, the remainder will be sent when the other items will be available.
8.2 – Features of the Colissimo process of the French Post
The Buyer receives his order at home by the postman and signs a receipt form.
In case of absence, the Buyer or the recipient of the ordered item receives a passing form from the postman. Then, he can take the ordered items off at the nearest Post office during a 15 days time.
The Buyer has to check the packaging state of the goods and the content at delivery in the presence of the postman or the deliverer.
If the Buyer has some doubt, whatever its nature, about the state or the content of the parcel, he has to:
- Apply the Colissimo process (notably to indicate the damages and to formulate any claim and reservation), refuse the goods and instantly formulate an anomaly report to the postman.
- Inform Trains160 about these incidents.
8.3 – Delivery times in metropolitan France, Corsica and E.U. countries
The average delivery time outgoing from Trains160 storehouse are the following:
- Metropolitan France and Corsica : 48 hours,
- U.E. countries: 4 workdays.
This delivery time is indicative.
Any possible prolongation cannot lead to damages, deduction or cancel of the order by the Buyer.
Anyway and in accordance to the article L 121.20.3 clauses of the French consumption code, the ordered items will be delivered in a maximum delivery time of 30 days as from the next day following the order check-in by the Buyer, subject to the payment of the total price.
Lack of delivery after that this delivery time has expired, the Buyer will have the possibility to cancel his order. The sums paid by the Buyer will be then refunded without delay, with the exception of any other reparation.
In case of delivery delay in respect to the initially decided date, the Buyer must inform Trains160 in writing (letter, fax or email) in order to improve its service quality that may be offered to him and to allow Trains160 to proceed to an inquiry with the carrier.
An inquiry with the carrier can last up till 21 workdays. If during this period, the parcel is found back, it will be instantly dispatched again to the delivered address as mentioned on the order form.
On the contrary, if the ordered item isn’t found back at the end of this 21 days inquiry time, Trains160 will proceed, at its own cost, to a new dispatch of the items ordered by the Buyer.
If the item won't be then available, the clause mentioned below at article 9 will be applied. In case of an item exchange, the delivery costs will be in charge of the consumer.
8.4 – Quality or conformity issue
If the delivered item doesn’t correspond to the order (flawed or not conform), the Buyer must formulate his claim within 7 days after signature of the delivery form.
The claims must be sent by registered letter to the following address: Trains160 - 2, allée du Béguinage - 59700 Marcq en Baroeul – France, and must include :
- the Buyer’s information,
- the item index,
- the claim motives.
The return of the item must be done within 7 workdays as from the allocation of a return number by the Trains160 customer service.
Otherwise, Trains160 won’t proceed to any exchange or refund of the ordered items.
Any product to exchange or to refund must be returned to Trains160 in its initial state and packaging and comprise the whole product and its accessories.
The sending costs are in charge of Trains160, except when the returned or exchanged item doesn’t correspond to the original statement mentioned by the Buyer on the return coupon. The refund of these return costs will be restricted to the price corresponding to a Colissimo dispatch. It will be converted to a buy coupon to be used on the Trains160 website within 3 months after its allocation.
The Buyer is responsible for any risk in link with the return of the item.
If the before-mentioned process and times are not respected, the Buyer won’t have the possibility to formulate any claim about unconformity or visible defect of the delivered items, for the items will be then considered as conform and free from any visible defect.
Article 9 – AVAILABILITY OF ITEMS
In case of unavailability of an ordered item, Trains160 will inform the Buyer as soon as possible.
In accordance to the L121.20.3 clauses of the French consumption code, Trains160 will have the possibility in that case to provide an item with equivalent quality and price. The dispatch costs will be then in charge of Trains160.
If Trains160 doesn’t use this option, the Buyer will be refunded without delay and at a later time within 30 days after his payment.
Article 10 – GUARANTEE
All the items provided by the Seller benefit from the legal guarantee mentioned at the article 1641 and following of the French civil code.
In case of unconformity of a sold item, the Buyer will have the possibility to return it to the Seller who will take it back, exchange it or refund it.
All the claims and requests for exchange or refund must be done by registered letter to the following address : Trains160 – 2, allée du Béguinage – 59700 Marcq en Baroeul – France, within 30 days after delivery.
Article 11 – PROPERTY RESERVE
Trains160 keeps the full and entire property of sold items up till the full payment of price including costs and taxes.
Article 12 – RESPONSIBILITY
The items offered by Trains160 conform to the French laws in effect. The responsibility of Trains160 won't be engaged if the items don’t respect the laws in effect in the delivery country.
Trains160 cannot be blamed for the not fulfilment of the contract in case of stock break or unavailability of an item, imperative reason, disturbance or total or partial strike of notably postal services and means of transportation and/or communications.
Trains160 cannot be blamed for any direct damage which may occur because of the buy.
Trains160 cannot be blamed for any lost of data and files. The Buyer has to make all the necessary backup copies.
The partial or total impossibility to use the items cannot engage the responsibility of Trains160 nor implicate any compensation or refund.
The www.trains160.com website contains also information coming from third persons, and links to other websites. Tains160 cannot be blamed in any case for damaged caused by the use of, access to or incapability to use this third information, nor for the content of other websites.
Article 13 – PARTIAL UNVALIDITY
If one or several clauses of the present general selling terms are considered as not valid or declared as such through application of a law, a rule or as result of a definitive decision from a competent jurisdiction, the other clauses will keep all their strength and reach.
Article 14 – INTELLECTUAL PROPERTY
All the contents of the www.trains160.com website are and remain the intellectual and exclusive property of Trains160.
Nobody is allowed to duplicate, make use of, broadcast or use, whatever the reason is, even partially, contents of the website what they are software, visual or acoustic.
Any single link or hypertext link without a special written agreement of Trains160 is strictly forbidden.
Article 15 – PRIVATE DATA
In accordance to the French law relative to computer, files and freedom from January 6th 1978, data processing can be applied to nominative information concerning buyers.
Trains160 reserves the right to collect information about buyers including by using cookies, and, if it would like so, to communicate the collected data to trade partners.
The Buyers can oppose the divulgation of their private information by notifying Trains160.
In the same way, users have an access and correction right, in accordance to the January 6th 1978 law.
Article 16 – FILING- PROOF
In accordance to clauses of the 1348 article of the French civil code, Trains160 will file order forms and invoices on a reliable and permanent medium that makes a true copy.
The computerized registers of Trains160 will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 17 – SETTLEMENT OF DISPUTATIONS
The present selling terms obey to the French law.
The language for the present contract is English.
In case of disputation, only the LILLE court of law will be competent, without regards to multiplicity of respondents or appeal in guarantee.