General terms and conditions of sale
The present terms and conditions of sale are concluded between :
On the one hand,
ASBA, SAS with a capital of 53,980 euros, whose registered office is located at 31 rue de cuire, 69004 LYON, registered with the Lyon Trade and Companies Register under number 832 784 896.
Hereinafter referred to as "ASBA".
And on the other hand,
Any individual or legal entity wishing to make a purchase on the www.asbadrums.com website.
Hereinafter referred to as "the Client" or "the Buyer".
Article 1 - Purpose
The present General Terms and Conditions of Sale are intended to define the contractual relationship between ASBA and the Purchaser, as well as the conditions applicable to any purchase made through the commercial site of www.asbadrums.com, whether the Purchaser is a professional or a consumer.
The acquisition of a good or service through this site implies unreserved acceptance by the Purchaser of these Terms and Conditions of Sale. These conditions of sale apply to the exclusion of all other conditions, in particular those in force in our company. They shall prevail over any other general or special conditions not expressly approved by ASBA.
ASBA reserves the right to modify its conditions of sale at any time.
In this case, the applicable conditions will be those in force on the date of order by the Buyer.
Article 2 - Characteristics of the goods offered
In accordance with article L 111-1 of the French Consumer Code, the Customer may, prior to placing an order, be informed of the characteristics of the products he wishes to order. The main characteristics of the products and in particular the specifications, illustrations and indications of the dimensions or capacity of the products are presented on the Site www.asbadrums.com. The Customer must refer to the description of each product in order to know the essential properties and particularities of each product. For any question or clarification regarding the characteristics of the products, the Customer may also contact the Seller's customer service department. The products sold by the www.asbadrums.com website are identified by one or more photos, a descriptive text and a price including VAT in euros. The photographs appearing on the site are intended to be as faithful as possible to the products sold, but the colours and details reproduced may vary from one medium to another, depending in particular on the quality of the medium and the browser used, the display resolution and the technical constraints linked to each material. Should you require further information about the products, please contact our customer service department.
Article 3 - Product prices
The prices of our products delivered in Metropolitan France and in Europe are indicated in Euros, including all taxes but excluding the cost of processing and shipping. The prices of our products delivered in the French overseas departments and territories and outside the Euro zone are indicated in Euros, excluding taxes, and excluding participation in processing and shipping costs. The payment of the applicable VAT, as well as customs duties is made by the Client to the local tax and customs authorities. ASBA reserves the right to modify its prices at any time, it being understood, however, that the price displayed on the day of the order will be the only one applicable to the Purchaser.
Article 4 - Availability
Product offers and prices are valid as long as they are visible on the asbadrums.com website, within the limits of available stocks.
Orders are processed upon receipt of payment and according to product availability. In the event of unavailability of a product after the order has been placed, ASBA will inform the Purchaser by e-mail or SMS indicating the date of availability of the product.
In the event of definitive unavailability of the product, the order will be cancelled and the Purchaser will be informed by e-mail.
In application of the provisions of article L.216-2 of the Consumer Code, in the event of unavailability of the product or service, the Purchaser then has the option of being reimbursed for the product or service ordered within 14 days of his/her request.
Article 5- Order
The Buyer, who wishes to purchase a product or service must obligatorily :
- Fill in the identification form on which he will indicate all the contact details requested, as well as all information necessary for delivery. The password that allows access to his Customer account is strictly personal. During each visit, when he accesses his personal data during his session, or when he places an order, the Customer will have been identified beforehand by his identifier and password, it being specified that this one is not used to make payment;
- fill in the online order form giving all the references of the products or services chosen;
- Validate the order after having checked it;
- make payment in accordance with the terms and conditions set out in the order form.
The Customer shall refrain from disclosing his login details and password to a third party or from transferring them.
Confirmation of the order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation to avail oneself of one's own terms and conditions of purchase or other conditions. All the data provided and the recorded confirmation will serve as proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out.
The Seller reserves the right not to proceed with the order, in particular in the event of information from the banking organisation in charge by the Seller of the management of the payment of the order indicating the impossibility of implementing the method of payment chosen for the payment of the order. And more generally in the case of legitimate reason as provided for in Article L 121-11 of the Consumer Code. In the event that the Customer is unable to execute the order placed, the Seller will send an informative e-mail to the Customer.
Article 6 - Terms of payment
- By credit card from the CB, VISA, MASTERCARD.
Credit card payments are made through the Banque Populaire's secure system which uses the SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can read it during transport on the network. The order will be considered effective after confirmation of the agreement of the bank payment centres. The Purchaser guarantees that he is fully entitled to use the bank card for the payment of his order and that this means of payment gives access to sufficient funds to cover all the costs related to the order of products or services on the www.asbadrums.com website.
- By Paypal :
PayPal is a company that offers a payment service on the Internet, allowing an Internet user to send payments via the Internet with an e-mail address, without having to communicate his or her bank card details for each transaction.
Article 7 - Delivery
Our shipments are made by Colissimo Suivi or private carriers and - La Poste's mail service (Lettre Verte) The products are deposited directly in the Customer's mailbox.
You can at any time ask us for your shipping number in order to follow the delivery of your parcel by email.
For all orders to the French overseas departments and territories, please contact us to find out the amount of the shipping costs corresponding to a possible order.
Modes of transport
The products will be delivered to the address you have indicated on the order form. Depending on the weight and/or volume of the various products ordered, ASBA will choose the most suitable carrier for your goods. ASBA reserves the right to charge a contribution to the shipping costs: below a certain order threshold. The contribution to the shipping and packaging costs is indicated before the validation of the order.
On receipt of your parcel, please check the condition of the goods transported (as well as the packaging) in the presence of the deliveryman and systematically apply precise reservations on the receipt: bumps, dents, scratches on the product concerned and refuse the entire order.
Without these reserves describing the damage precisely, we will not be able to make a claim to the carrier.
If the deliveryman or the person at the counter refuses this verification before signature, you are entitled to :
- To refuse the parcel.
- To indicate on the receipt that you have been refused the opportunity to check the contents of the package.
Article 8- Right of withdrawal
The Customer has a right of retraction in accordance with the provisions of article L221-18 and following of the Consumer Code allowing him to cancel the order without having to justify his reasons or pay a penalty. The Customer has a period of fourteen days to exercise his right of withdrawal without having to justify his decision. To exercise his right of withdrawal, the Customer shall inform the seller of his decision to withdraw by sending him, before the expiry of the fourteen-day period mentioned below, a letter or any other statement, free of ambiguity, expressing his wish to withdraw. The Customer shall return or restitute the goods to the Seller, The Seller shall return or restitute the goods to the Customer at the latest within fourteen days following the communication of its decision to withdraw unless The Seller offers to recover the goods himself. The products that are the subject of the return must be addressed to the
Article 9 - Guarantees
The legal guarantee of conformity is defined by articles L 217-4 to L 217-14 of the Consumer Code.
The guarantee against defects and hidden defects is defined by articles 1641 to 1649 of the Civil Code.
Actions based on the legal guarantee of conformity and the guarantee against defects and hidden defects are subject to a two-year statute of limitations from the date of delivery of the goods sold.
In the event of a lack of conformity or hidden defects, the costs of returning the goods shall be borne by the seller.
Article 10 - Respect for privacy
In accordance with the law relating to data processing, data files and liberties of 6 January 1978, information of a personal nature relating to buyers may be subject to automated processing.
The information transmitted by the Customer is for the exclusive use of ASBADRUMS.COM.
ASBADRUMS.COM undertakes not to pass on to third parties the personal information that Internet users provide on its site.
This information is confidential.
Moreover, users have the right to access and rectify data concerning them, in accordance with the law of 6 January 1978.
Article 11 - Protection of your personal data
ASBA respects the privacy of its customers, prospects and visitors to its website, mobile site and mobile applications. All processing of personal data carried out within the framework of the accessible services complies with the applicable local regulations on the protection of personal data and in particular the provisions of the "Data Protection Act" of 6 January 1978 as amended and the General Regulation on Data Protection (EU Regulation 2016/679) or "RGPD".
Article 12 - Exceptions to these general terms and conditions of sale in the context of a purchase of a custom-made item
- In accordance with article L.221-18 of the Consumer Code, the right of withdrawal cannot be exercised when the goods have been made to the consumer's specifications.
- The delivery period for the order is 45 days for custom-made items.