General Terms and Conditions of Sale
1 - Preamble
1. The following General Terms and Conditions of Sale (hereinafter referred to as “Ts&Cs” or “Terms and Conditions”) apply to all business relationships between SAS ASBA and the Customer based on the current applicable version. The Customer may be defined as being either a Professional or Consumer. For the purposes of these Ts&Cs, a Consumer is considered as any individual person who acts for purposes that are outside his/her business, industrial, craft, or liberal activity. For the purposes of these Ts&Cs, a Professional is considered as an individual person or legal entity, whether public or private, who acts, including through another person acting in his/her name or on his/her behalf, for purposes relating to his/her business, industrial, craft, or liberal activity.
2. The presentation of products in the online store only constitutes a non-contractual electronic catalog. By clicking on the “Buy” button, the Customer agrees to order the merchandise contained in the electronic shopping cart. Confirmation of the order is immediately sent to the Customer when the order is shipped. The sales contract shall only be considered as final following our separate order confirmation. The contract text is stored electronically. Order details and a copy of the General Terms and Conditions of Sale are sent to the Customer by e-mail. The Customer may look up all previous orders by logging in to his/her account on the SAS ASBA site https://www.asbadrums.com.
3. Only the French language version of the contract shall be considered as legally binding for the purposes of executing the contract.
4. By ordering products via the online store, the Customer proceeds through the following technical steps:
• Click on the “Payment” field in the displayed shopping cart.
• Redirection to the order summary page, on which the various purchasing steps take place.
• Step 1: Selection of the “Billing address” and “Delivery address” (if the Customer does not already have an account and is not logged in; otherwise the Billing address and Delivery address are already filled in).
• Entry of the “Billing address”.
• If the Billing address and Delivery address are different, the Customer may click on a checkbox to “Enter a different address for delivery”.
• Step 2: In the following section, “All the items in your order” are displayed in a table, and it is still possible to change the contents of the shopping cart.
• Step 3: Selection of the “Payment method” (by clicking on an icon representing the desired payment method).
• Step 4: Possibility to click and select “other options” (different delivery address, delivery date, comment or note concerning delivery).
• Confirmation of the order by clicking on the “Buy” button.
The Customer accesses each of these steps in the order process via standard features in his/her web browser.
2 - Legal Right of Withdrawal
1. Right of Withdrawal
If the Customer is a Consumer, he/she has the legal right to withdraw from this contract within a period of fourteen days (14) without having to provide a reason. The period of fourteen (14) days concerning the Right of Withdrawal starts on the day upon which the Customer, or a third-party designated by the transport operator, has received the last piece of merchandise. To exercise this Right of Withdrawal, the Customer must inform SAS ASBA by means of irrefutable notification (postal mail: SAS ASBA, 31 rue de Cuire - 69004 Lyon, France; or by e-mail: 1927@Asbadrums.com) of his/her decision to withdraw from the purchase contract. The Customer may use the standard withdrawal form below for this purpose but is not required to do so. The withdrawal period is considered as having been respected if the Customer sends his/her notification of withdrawal before the end of the fourteen (14) day period.
The Customer is reminded that he/she can only exercise his/her Right of Withdrawal with ASBA. The Customer is invited to complete the withdrawal form and send it to ASBA to exercise his/her Right of Withdrawal:
Attention: “ASBA, 31 rue de Cuire, Bâtiment G, 69004 Lyon, France - Telephone: +33 (0)478398030 - E-mail: firstname.lastname@example.org". “I am sending you this form to notify you of my withdrawal from the sales contract regarding the item(s) listed below:
Ordered on (*):
Received on (*):
Consumer signature (when using this form to send notification in paper format):
* Strike out the unnecessary text
2. Consequences of withdrawal
If the Customer withdraws from this contract, ASBA agrees to provide reimbursement rapidly, no later than fourteen (14) days from the day on which ASBA receives notification of the Customer’s desire to withdraw from the contract, for all payments received from the Customer, including shipping costs (except in cases where those costs were incurred following the Customer’s request for a delivery method other than the least expensive standard delivery offered by ASBA). Reimbursement will be made via the same payment method that was used by the Customer for the original transaction, unless explicitly agreed otherwise by both parties. Fees shall not, under any circumstances, be invoiced to the Customer in the context of reimbursement. ASBA may postpone reimbursement until we are in possession of the returned merchandise or until the Customer provides proof that the merchandise was returned, whichever date comes first. In all cases, the Customer is obliged to return or remit the merchandise to us within no more than fourteen (14) days following his/her intention to withdraw from the contract. This period is considered as having been respected when the Customer sends the merchandise before the end of said fourteen (14) day period. ASBA shall cover the cost of return shipping.
The Customer is only held liable with respect to any degradation of the merchandise resulting from handling other than that necessary to ensure the nature and proper operation of the merchandise.
3. Exclusion from the Right of Withdrawal
The Right of Withdrawal does not apply in the case of delivery by ASBA of merchandise that is not pre-manufactured or that which is specifically manufactured according to Consumer specifications, or explicitly in a manner as to meet the Consumer’s individual needs.
3 - Delivery
1. When the Customer is a Professional, delivery is systematically at the Customer’s own risk. This also applies to partial shipments. If the Customer is a Consumer, then the risk of accidental loss and accidental deterioration of the merchandise sold, including in the case of mail-order purchases, is not transferred to the Customer until the merchandise is delivered. The transfer of risk takes place even if the Customer delays in accepting the merchandise. The merchandise is delivered to the Delivery address indicated by the Customer.
2. Prices indicated include VAT, plus any packaging and shipping costs.
3. For delivery to countries outside France, any additional taxes or Customs fees may be invoiced to the Customer.
4. If the Customer is a Professional, the merchandise must be inspected immediately upon reception by the Customer or his/her representative in order to ascertain any damage that may have occurred during transport. Upon reception, the Professional Customer must report any visible damage or any damage to packaging and have it confirmed in writing by the transport company.
4 - Legal Compliance & Warranty
1. If the Customer is a Consumer
The Customer benefits from a period of two (2) years from the date of delivery to take action. He/she may choose to have the merchandise repaired or replaced, subject to the cost conditions stipulated in Article L. 211-9 of the French Consumer Code. The Customer must provide proof that a defect in product conformity exists within a period of 24 months following delivery, except for second-hand products.
• The legal warranty of conformity is applicable independently of any other granted commercial warranty. The Consumer may decide to exercise the warranty against hidden defects in the product sold as defined by Article 1641 of the French Civil Code. In that case, he/she may choose between canceling the sale or obtaining a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
• Please check the SAS ASBA web site for any other commercial warranties.
2. If the Customer is a Professional
• A minor defect does not entitle the Customer to return the merchandise.
• SAS ASBA reserves the right to choose the method for executing the repair or compensation.
• The limitation period does not start again if the replacement delivery is carried out within the framework of legal liability covering defects.
• The above limitation of liability clauses and time limits are not applicable to damage and reimbursement obligations that may be claimed in accordance with the legal provisions relating to product defects as defined in paragraph 7.
3. If the merchandise is delivered with obvious shipping damage
Consumer Customers are requested to declare obvious shipping damage to the distributor and to inform SAS ASBA. It does not affect the Consumer’s legal or contractual rights regarding claims if the Consumer Customer does not follow-up on this request.
5 - Manufacturer warranty
In addition to the legal warranty, ASBA grants a 3-year warranty according to the following conditions:
1. ASBA warranties against all defects occurring within a period of three years, provided that said defects can be demonstrably attributed to a material or manufacturing defect. The warranty entitlement belongs to the Consumer Customer and cannot be transferred.
2. The following are excluded from warranty coverage:
• Products that are subject to wear due to normal use or any other type of natural wear.
• Product defects due to failure to comply with recommendations for use, use for a purpose other than that intended, abnormal environmental conditions, inappropriate operating conditions, overloading, or lack of maintenance or care.
• Product defects caused by the use of accessories or additional or spare parts that are not original parts.
• Products that have been modified or enhanced.
• Minor differences that do not have any incidence on the product’s nature, value, or fitness for use.
3. The correction of a defect recognized by ASBA for warranty coverage takes place in such a manner that we either repair the defective product at no charge, or, at our discretion, replace it with a product free of defects (or if necessary, by a more recent model). The replaced product(s) or parts become the property of ASBA.
4. All warranty claims must be submitted during the warranty period. As such, the product in question must be returned to SAS ASBA with a copy of the invoice and a request for a free return form.
5. Any claims other than the right to compensation for defects mentioned in these warranty conditions are not covered by this warranty.
6. The provision of warranty services does not entail an extension of the warranty period or a renewal of the warranty.
7. The Customer's warranty claims in accordance with § 4 and statutory provisions are not limited by these warranty conditions.
6 - Liabilities
SAS ASBA shall be liable to its Customer for damages or reimbursement of expenses for any breach of contractual, semi-contractual, legal, or tortious obligations as follows:
1. Pursuant to legal requirements, SAS ASBA remains fully liable:
• In case of criminal intent or gross negligence.
• In the event of willful or negligent injury to life, body, or health.
• Within the scope of a warranty obligation, unless otherwise stipulated.
• Within the scope of mandatory product liability.
2. In the event of a breach by SAS ASBA of a substantive contractual obligation, its liability shall be limited to the damage that may be foreseen at the time the contract was concluded, unless unlimited liability is applicable in accordance with the provisions of § 6.1. Substantive contractual obligations are obligations that the contract imposes on SAS ASBA in order to achieve the objective of the contract, and the fulfillment of which is essential for the proper performance of the contract, and the fulfillment of which the Customer is entitled to expect.
3. All liability concerning SAS ASBA is excluded, except as stipulated above.
4. The above limitation of liability also applies to liability that SAS ASBA incurs for its contractors or its representative(s).
7 - Prices
For individual customers (Consumers), our product prices are indicated in euros (€) including all taxes (VAT), excluding shipping and handling fees.
For orders to countries or regions other than mainland France, the Consumer shall be considered as the importer of the product or products in question. For all products shipped outside the European Union and French overseas departments and territories, prices will be calculated automatically excluding tax on the invoice. Customs duties or other local taxes, import duties, or state taxes may be due. These duties and amounts are not the responsibility of SAS ASBA. Said duties shall be paid by the Consumer and are entirely the Consumer’s responsibility, in terms of both declarations and payments to the appropriate authorities and/or agencies in his/her country. SAS ASBA recommends that Consumers check with their local authorities about these aspects.
8 - Payment schedule and terms
1. Orders being paid for by prepayment are only shipped after payment is received. For payments by credit card, the debit is processed when the invoice is issued and the merchandise is sent. The total amount is secured on the Customer's credit card when the Customer confirms his/her order online.
2. If the Customer is late in paying the purchase price, a surcharge at a rate 5% above the prevailing base interest rate shall be charged. If SAS ASBA is able to prove additional loss incurred by the delay, SAS ASBA is entitled to assert a claim to recover said loss.
Payment terms with 3 installments at no additional cost
Payment with 3 installments is reserved exclusively for individual Consumers making purchases via the SAS ASBA website. Those Consumers must have a billing address located in metropolitan France, with purchases ranging from 300 euros to 10,000 euros paid exclusively with approved Visa, MasterCard, or American Express payment cards.
This service is provided after validation of your shopping cart via regular credit card payment, at no charge, without requiring any additional documents, specific formalities, or approval period.
Payment with installments shall only be accepted if all of the following conditions are met (on the day of the order):
- Your account must contain provisions to cover the amount due on the first payment date.
- The expiration date of the credit card must be later than the date of the last monthly payment, that is, at least 61 days after the order date.
- Authentication of your identity by confirming the transaction and entering the confirmation code sent by your bank to the telephone number that you provided to the bank.
1st payment Payment date on the day of order confirmation, 40% of the total amount (including tax).
2nd payment: Payment date 30 days after the order date, 30% of the total amount (including tax).
3rd payment: Payment date 60 days after the order date, 30% of the total amount (including tax).
For a purchase of 400 € in 3 installments without fees
Your payment schedule is as follows:
- 1st payment on the day of order confirmation = 160 €
- 2nd payment 30 days after first payment = 120 €
- 3rd payment 60 days after first payment = 120 €
Effective Annual Interest Rate: 0%
Administrative fees: 0 €
Concluding the contract
After validating your shopping cart on our website, select the credit card option “Payment in 3 installments free of charge”. You will be redirected to a secure page showing a detailed summary of your order, the amount of each installment, and their due dates.
The maximum time period between the first and last payments must not exceed a total duration of 3 months.
The payment method is confirmed by the “double-click procedure”, that is, confirming that you have read and accept our General Terms and Conditions of Sale, payment, and delivery by clicking on the checkbox “I have read and accept the General Terms and Conditions of Sale”.
You agree that the “double-click” action associated with acknowledgment of having read and accepted the Terms and Conditions constitutes your consent to enter into a contractual agreement and is considered as irrevocable and unreserved acceptance of these Terms and Conditions.
By confirming the payment request in 3 installments free of charge, you request the immediate execution of this contract.
If you fail to make any of the required payments, ASBA may demand immediate reimbursement of the outstanding balance.
SAS ASBA may appoint any company of its choice to manage calls regarding monthly installments and/or their collection.
Withdrawal of acceptance
In compliance with article L.121-20-12 of the French Consumer Code, you can cancel your commitment after having accepted this contract by sending a simple e-mail or registered letter with receipt acknowledgment (using the withdrawal form “Payment in 3 installments free of charge”) within 14 full days from the date of your order.
In the event of withdrawal, the sale for which you requested payment in 3 installments free of charge is canceled, unless ASBA offers you another means of payment.
If the sale is terminated, SAS ASBA shall refund the full amount you may have paid with respect to the 3 installments free of charge within 30 days after the merchandise(s) in question is returned.
Under no circumstances is your exercise of the Right of Withdrawal recorded in a file.
In the event of partial withdrawal of your order, the amount of your installments will be adjusted to reflect the new amount financed, unless you specify otherwise.
In compliance with Article L.311-3 of the French Consumer Code, the offer of “Payment in 3 installments free of charge” is not subject to the provisions of Articles L.311-1 and following of the French Consumer Code, notably because the repayment period does not exceed three months and the received fees under this contract are negligible.
Withdrawal form “Payment in 3 installments free of charge”
The form will only be accepted if it is sent to us by e-mail or postal mail before expiration of the deadlines mentioned in the article “Withdrawal of acceptance” above.
I, the undersigned...............................................residing in ...........................................(postal code + city), hereby declare that I withdraw from the offer to pay the amount of ......................euros in three (3) installments, accepted on................................... ASBA invoice number........................
9 - Mediation procedure
In the event of a dispute, the consumer is entitled to opt for a conventional mediation procedure or any other appropriate means of dispute resolution.
10 - Applicable law, competent jurisdiction
1. If the Customer is a Consumer, any legal relationship between the contracting parties shall be governed by French law, excluding United Nations international trade law. The competent jurisdiction for any dispute related to this contract shall be exclusively that of the Customer’s principal place of residence.
2. If the Customer is a Professional, any legal relationship between the contracting parties shall be governed by French law, excluding United Nations international trade law. The competent jurisdiction for any dispute related to this contract shall be exclusively that of the Customer’s principal residence or the main office of SAS ASBA.
11 - Final provision
If any of the provisions of this contract cannot be performed for any reason whatsoever, the validity of the remaining provisions shall not be affected.