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General terms of sale

Article 1: General terms and conditions of sale

Technology of magnetic field of the sleep in the North magnetic pole and a well-being : web site wwwnight-pole.com, www.night-pole.fr et wwwnight-pole.in 
The present general terms of sale apply to any order used on the web site wwwnight-pole.com, www.night-pole.fr and wwwnight-pole.in
The applicable General terms of sale are the ones current in the day of the validation of the order.
 The present general terms of sale are at the arrangement of every buyer on the aforementioned commercial site so that he can place order in full knowledge of the facts ; this involves its whole membership and without reserve in said conditions as soon as a order is used between him and the company STUDIO ADAM. The present order form has, consequently, a firm and definitive character. Any payment made by the customer is considered as a deposit.

Article 2: price

All our prices are indicated in euro except contribution to costs of treatment and shipping.
Any order, whatever is its origin, is payable in euro.
Our offers of products and prices are valid as long as they are visible on the website.
STUDIO ADAM reserve the right to modify its prices at any time but products will be charged on the basis of the current price lists at the time of the orders, subject to availability.
Products remain the property of STUDIO ADAM up to their complete payment.
Furthermore, for the deliveries outside metropolitan France, the customer makes a commitment to settle all the taxes due to the import of products customs duties, value-added tax and all other taxes were owed by virtue of the laws of the country of reception of the order.
STUDIO ADAM, actually,denies any legal responsibility if the payment of taxes was not made by the customer.

Article 3: order, validation of the orders and electronic signature (law of March 13th, 2000 on the electronic signature)

All the contractual information is drafted in English and French language.
Any order of the goods appearing on the commercial site will be honored.
STUDIO ADAM reserves the right to cancel or to refuse any order of a customer with whom there would be a dispute concerning the payment of a previous order.
Any order form signed by the consumer by 'double click' constitutes an irrevocable acceptance which can be questioned only in the limits planned in the present general terms of sale.
 The "double click" associated with the procedure of authentification and not rejection and with the protection of the integrity of messages constitutes an electronic signature. This electronic signature has value between the parties in the same way as the handwritten signature.

Article 4: particular Conditions of sale of the devices of a fonction of which concerns pulsed magnetic fields.

Every buyer NIGHT POLE certifies to be major, not to be carrier of an electromedical implanted device (pacemaker, neurotransmitter, insulin pump, defibrillator etc.), not to be encircled and recognizes to buy this device a function of which concerns magnetic fields pulsed in full knowledge of the facts for an exclusively personal use.
 STUDIO ADAM cannot be responsible of the consequences of the use NIGHT POLE, the devices one function is pulsed magnetic fields, which he markets, which the use is made by the buyer or by the third party known for the buyer.

Article 5: validation

Every buyer declares to have acquainted and accepted general terms of sale before placing his order.
The validation of any order is thus worth acceptance of all these conditions.
Unless proved otherwise, the data registered by STUDIO ADAM establish the proof of all the transactions crossed between the customer and him.

Article 6: availability

Our offers of products and our prices are valid as long as they are present and visible on the site and while stocks last.
For the products which are not stored by our care, our offers are valid subject to availability at our suppliers : in case of unavailability or of wait of delivery, the customer is informed by email of delivery deadlines. The possible delays do not give the right to the buyer to demand damages. Are considered as case of absolute necessity unloading the seller of its obligation to deliver : the war, the riot, the fire, the strikes, the accidents and the impossibility to be supplied.

Article 7: Delivery

 Products are delivered to the delivery address which the buyer made represent at the time of his procedure of order.
After confirmation and payment of the order, STUDIO ADAM makes a commitment to send the order for the reasonable deadline by the services of the company of express delivery of TNT parcel with a number of follow-up ; what allows to have a reality followed by the shipping.
The TNT company makes a commitment to deliver the order to the address of the buyer, send beforehand supplied by him in STUDIO ADAM.
At the time of the care of the parcel by TNT, the responsibility of the follow-up returns completely to TNT.
For France, the indicative deadline of delivery announced by TNT is J+1 to J+4.
For FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES and Regions with a measure of autonomy, STUDIO ADAM can evebly chose to send devices by the service Colissimo International de la Poste; the indicative deadline of delivery announced by post is J+4 to J+8 according to the destination.
The possible delays of delivery do not give the right to the buyer to demand damages.
Are considered as case of absolute necessity unloading the seller of its obligation to deliver : the war, the riot, the fire, the strikes, the accidents and the impossibility to be supplied.
For reasons of availability, a order can be delivered several times to the customer there ; the customer settles while a single delivery. If the customer wishes two places of delivery, he crosses 2 orders with the bound expenses of deliveries.
Any order not sent in 30 days following the order is cancelled unless otherwise stipulated and announced in the offer of sale.

Article 8: payment

Any payment of purchase of the goods made on the site of www.night-pole.com, www.night-pole.fr et www.night-pole.in is made :
By Paypal

By bank card according to a system secured  by The bank Société Générale FRANCE

By bank transfer on the account :
The company Studio Adam contacted their bank details to the customer wishing to pay in this way.
 
By bank check in the order of STUDIO ADAM; this one must be drawed by a bank taken up residence in France (included French Overseas Departments and Territories) or in Monaco.
The stake in collection of the check is effective in its reception and its validity starts or not the sending of the ordered goods.
Any check in the order of STUDIO ADAM will be sent to STUDIO ADAM - 39 avenue du Château -  77680 ROISSY EN BRIE - FRANCE.

Article 9: guaranteed

In every case, STUDIO ADAM cannot be responsible for disregard of the current regulatory and legislative measures in the country of reception ; The responsibility of STUDIO ADAM is systematically limited to the value of the questioned product, the value in its date of sale and it without possibilities of appeal to the brand or the producing company of the product.
The device NIGHT POLE is guaranteed, parts and workforce, for a duration of 2 years as from delivery date.
This guarantee applies to the smooth running and to the replacement of defective parts, with the exception of the damage generated by a use non-in compliance with the note which accompanies the goods.
In any event, the customer benefits from the legal guarantee of eviction and from the latent defects (Art 1625 and following ones of the Civil code).
On condition that the buyer gives evidence of the hidden defect, the seller legally has to repair all the consequences (art 1641 and following ones of the civil code) ; if the buyer addresses the courts, he has to make it for the « brief deadline » as from the discovery of the hidden defect (art 1648 of the civil code).
You can contact customer services from Monday to Saturday included in N ° of following telephone: 33+(0)160281132 or by e-mail to nightinpole@orange.fr (answer within 24 hours working days).

Article 10: complaints

The goods always travel at the risks and the dangers of the addressee.
It is expressly asked to the buyer to verify the goods from reception of the parcel : any reserve can be taken into account only if it is made at the time of this delivery and if the buyer mentioned on the delivery slip said reserves which he wishes to make (non-compliance of the goods with regard to that ordered, damage noticed by transport, missing, manufacturing defect etc.).

Article 11: right of retraction

By virtue of articles L121-16 and following ones of the Code of the Consumption, the customer has a deadline of seven working days as from the date of reception of his order to return any article, not suiting him, to his original packing, in good condition, appropriate for his recommercialisation, accompanied with all the possible accessories, the notes of use and documentations and to ask for the exchange or for the repayment without penalty, with the exception of the expenses of return which stay in the responsibility of the customer.
Here is the address of the return of the goods:
NIGHT POLE - STUDIO ADAM - 39 avenue du Château -  77680 ROISSY EN BRIE - FRANCE.
However, only products returned in perfect condition to their original packing for the deadline of seven working days as from the date of their reception and colissimo recommended with signature can be paid off.

Article 12: disputes

The present contract is subjected to the French law.
STUDIO ADAM cannot be in charge of the damage of all kinds, so material as immaterial or physical, who could result from a malfunction or from a misuse of the marketed products. It's the same for the possible modifications of products resulting from manufacturers. The responsibility of STUDIO ADAM will be limited, in any case, to the amount of the order and would not know how to be questioned for simple errors or omissions which would have been able to remain in spite of all the precautions taken in the display of products.
 In case of difficulties in the application of the present contract, the buyer has the possibility, before any legal action, of looking for an amicable solution in particular by means of a professional association of the branch, the association of consumers or quite other advice of his choice. It is called back that the research for the amicable solution does not interrupt the « brief deadline » of the legal guarantee, nor the contractual duration of the guarantee.
It is called back that as a general rule and subject to the appreciation of the Courts, the respect for the measures of the present contract relative to the contractual guarantee supposes that the buyer honors his financial commitments to the seller.
The complaints or the contestings will always be received with attentive benevolence, the good faith being always presumed at the one who makes the effort to expose his situations.
In case of dispute, the customer will address by priority the company to obtain an amicable solution.
In defect, the Commercial court of Paris is only competent, whatever the place of delivery and the method of payment accepted.

Article 13: intellectual property

All the texts, the comments, the works, the illustrations, the images and the photos reproduced on the site of NIGHT POLE are reserved in conformance with the copyright as well as with the intellectual property and for the whole world. As such and according to the measures of the Code of the Intellectual Property, only the use for a private use is authorized subject to different measures even more restrictive.
Any total or partial reproduction of the site www nightpole.com, www.night-pole.fr et wwwnight-pole.in is forbidden.
 
Article 14: responsibility

Photos are communicated as a rough guide; we invite you to refer to the description of every product to know the precise characteristics; in case of doubt, do not hesitate to contact us !
In case of obvious error between the characteristics of the product and its real representation, STUDIO ADAM would not know how to see its involved responsibility.
STUDIO ADAM disclaim all liability as for the use of the NIGHT POLE.
In case of hypertext links pointing,sticking towards other sites fromwww night-pole.com, www.night-pole.fr et wwwnight-pole.in, these last one will not have responsible for the contents of the information contained on these sites after activation of the links.

Article 15: name specific information

STUDIO ADAM makes a commitment not to reveal to third parties the confidential information which you communicate him ; they will be used only for the processing of your orders and that to strengthen and personalize the communication and the offer of products reserved for the customers of NIGHT POLE.
According to data protection acts of January 6th, 1978, " you have a right of access, modification, rectification and deletion of the data which concern you (art 34 of the law « Computing and Liberties » of January 6th, 1978). For that purpose, you just have to make to us the on-line request or by mail by indicating to us your name, first name, address and so possible your customer reference.
Verify, please, your address before validating your order !