Terms and conditions of sale

The webshop Eureka is controlled and operated by Eureka SARL. The current terms of sale apply to every purchase from the eureka-orleans.fr website which every customer is supposed to read carefully. As a consequence, the customer acknoledges that he is perfectly aware of the fact that accepting these terms and conditions does not require any signature of the current terms of sale. The customer is able to save or to edit the current terms. If so, he is liable for the saving and the editing of this document. Prior to his order, the customer acknoledges that his purchase has nothing to do with his professional occupation and that it is reserved for personal use only. In case the items or services purchased from the eureka-orleans.fr website are directly linked with his occupation, customer’s specific rights would not apply anymore. The information mentionned in French and in English on Eureka SARL’s webshop includes:

  1. Legal information about Eureka SARL
  2. The descriptions of the items available
  3. The prices of the items in euros and, if needed, the shipping costs
  4. Payment, delivery and execution terms
  5. Return policies
  6. Period of validity of the promotions and the prices
  7. The customer states that he has the full legal capacity to accept the current general terms.

Article 1 : Generality
Parties’ duties are all mentionned in this document. Therefore, the customer accepts the current general terms. No general or specific conditions mentionned in the documents supplied by the customer can be added to these terms if the latters are incompatible with these general terms.

Article 2 : Purpose
The current general terms intend to define the rights and the duties of the parties conerning the sale of the goods available on Eureka's webshop.

Article 3 : Contractual documentation
The current contract contains the following contractual documents, mentionned in descending order : the current general conditions, the order form. In case there is a contradiction between these different documents, only the one of the higher rank will apply.

Entry into force - duration
These conditions come into effect when the order for mis signed. These conditions apply for the duration necessary for the provision of goods purchased, until the expiry of the guarantees owed by the company Eureka.

Article 5 : Electronic signature
« Double clicking » on the oder form’s title is the equivalent for a writing signature.

Article 6 : Order confirmation
The computerised registers are safely kept in Eureka SARL’s data base and will be considered as proofs of the communications, the orders and the payments between the differents parties. The order forms and the invoices are stored on a safe and reliable (support) which can be used as proof

Article 7 : Transaction proof
The computerized databases stored in Eureka's computer system in reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable support which can be considered as a proof.

Article 8 : Information about the items
8-a : The essential information are attached to the products sold on the webshop by Eureka SARL in accordance to the Article L 111-1 of the Consumer Code which states that the potential customer has the right to be acquainted with the essential specifications of the items he wants to purchase before placing an order.
8-b : The items presented by Eureka SARL are valid within the limit of available stocks only.

Article 9 : Prices
The prices are indicated in euros and are only valid when the customer sends the order form. These do not include the costs for shipping which are separately charged and indicated before the confirmation of the order. The prices include the V.A.T. the day the order is placed. Each variation of the V.A.T. will have a consequence on the prices available on the webshop. The entire price must be paid when the order is placed. At no time, payment can be considered as deposits.

Article 10 : Mode of payment
The customer can choose between several payment modes indicated on the order form. The customer guarantee that he is allowed to use the mode of payment previously chosen at the moment of the validation of the order. Eureka SARL has the right to cancel any order or delivery in case of a payment by credit card refused by the officialy accredited bodies or in case of non-payment. Eureka SARL has introduced a procedure for control check so that nobody can use the bank details of someone else. As part of this measure, the customer will be asked to provide an identity card and a proof of residency. The order will be confirmed after the receipt and verification of the sent documents by our service.

Article 11 : Products availibility
The order will be executed no later than within 3 days from which the consumer placed his order. In case of unavailability of the ordered product, especially because of our suppliers, the consumer will be informed at the earliest and will be able to cancel the order. The consumer will then have the option of requesting either a refund of amounts paid within 15 days after their payment, or exchange the product.

Article 12 : Delivery terms

Packages are generally dispatched within 2 days after receipt of payment and are shipped via Colissimo with tracking and drop-off without signature. If you prefer delivery by Colissimo Extra with required signature, an additional cost will be applied, so please contact us before choosing this method. Whichever shipment choice you make, we will provide you with a link to track your package online.

Shipping fees include handling and packing fees as well as postage costs. Handling fees are fixed, whereas transport fees vary according to total weight of the shipment. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. Your package will be dispatched at your own risk, but special care is taken to protect fragile objects.

Boxes are amply sized and your items are well-protected.



Article 13 : Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, missing product, damaged package, broken items…) has to be indicated on the delivery note along with the customer’s signature. At the same time, the customer has to confirm the anomaly by sending to the carrier a registered letter with acknoledgement of receipt explaining the anomaly. The customer will have to send by fax or by mail a copy of the letter to : Eureka Service Clients Internet, Galerie du châtelet 45000 Orléans, France


Article 14 : Delivery mistakes
14-a : The consumer must make a claim about a delivery mistake or the non-conformity of the goods the day or the business day after the delivery to Eureka. Any claim made after this time will be rejected.

14-b: The formulation of this claim with the Eureka can be made: - primarily by phone at 02.38.53.23.62 Tuesday to Saturday from 10h to 19h. - By logging on to our website under the heading "follow your order" where, after entering your customer number, you can ask your question through the menu contact us specifying the reference of the order.

14-c: Any claim not made in the rules defined above and within the time limits could not be taken into account and release the company Eureka any liability to the consumer.
14-d: On receipt of the complaint, the company Eureka assign a number of exchange of the product concerned and communicate by e-mail, fax or telephone to consumers. The exchange of a product can take place only after the allocation to the consumer an exchange number that the approach outlined above.
14-e: In case of error of delivery or exchange any product for exchange or refund must be returned to Eureka as a whole and in its original packaging, in Colissimo at the following address :


Eureka
Service retour Internet,
Galerie du châtelet 45000 Orléans, France

To be accepted, all returns must be reported prior to Customer Service Eureka.
Shipping fees are the responsibility of the company Eureka, except in cases where it would prove that the product does not match the original declaration made by the consumer in the back.

Article 15: Product Warranty
CIn accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the seller to guarantee against all consequences of latent defects of the thing sold . The consumer is expressly informed that Eureka is not the manufacturer of the products shown in the website within the meaning of the law n ° 98-389 of 19 May 1998 concerning liability for defective products. Accordingly, in case of damage to a person or property by a defective product, only the producer responsibility thereof may be sought by the consumer, based on the information provided on the packaging of the product. Conditions and manufacturer warranty period are shown on the relevant products. Given the frequency of renewal of components of technical products, Eureka may, upon request, inform the consumer of the availability of spare parts for products offered and how to possibly get.

Article 16: Right of withdrawal
The consumer has a period of 10 days to return, at its expense, the products which don't meet his expectations. This period starts from the date of delivery of the customer's order. If this period expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day. All returns must be reported prior to the Customer Service Eureka: - primarily by phone at 02.38.53.23.62 Tuesday to Saturday from 10h to 19h - by logging on to our website under the heading "follow your order "where, after entering your customer number, you can get your order number. The product must be returned by Colissimo Recommended by Eureka, Galerie du Châtelet 45000 Orleans, France.
Les produits sous films plastique, ne devront pas avoir été défilmés, afin que le consommateur puisse bénéficier du droit de rétractation.
Electronic products such as chess games, remote controls, helicopters etc ... remain subject to the statutory cancellation period of 7 days.
We will only accept products returned in their entirety, in their original packaging complete and intact and in perfect condition for resale. Any product that has been damaged or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is without penalty, except for return shipping costs. Assuming the exercise of the right of withdrawal, the consumer has the option of requesting either a refund of monies paid, or exchange the product. In the case of an exchange, the re-shipment will be at the expense of consumers.
In case of exercise of the right of withdrawal, the Eureka will make its best to reimburse the consumer within 15 days. However, given the technical nature of products sold, this period may be extended to 30 days, especially when the product needs a technical audit (see products to be tested in advance).
The customer will then be refunded by crediting his bank account (secure transaction) if paid by credit card or check in other cases.

Article 17 : Act of God
Neither party has breached its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Be considered fortuitous event or force majeure any compelling facts or circumstances, outside parties, unpredictable, unpreventable, independent of the will of the parties and can not be prevented by them, despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware. Both parties will then, within a month, unless unable due to force majeure, to examine the impact of the event and agree the conditions under which the contract will be continued. If the force majeure lasts longer than three months, these terms may be terminated by the aggrieved party. Explicitly, are considered as acts of God or unforeseeable circumstances beyond those usually retained by the jurisprudence of courts and tribunals French: blockage of means of transportation or supplies, earthquakes, fires, storms, floods, lightning; stop telecommunication networks or network-specific external telecommunications clients difficulties.

Article 18 : Partial invalidity
If one or more provisions of these general conditions are considered to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.

Article 19: No Waiver
The fact that one party does not claim a breach by the other party of any of the obligations contained in these Terms shall be construed in the future as a waiver of the requirement in question.

Article 20 : Title
In case of difficulty in interpretation of any of the titles at the head of the clauses or any of the clauses, these title will be declared unexistent.

Article 21 : Applicable Law
These terms and conditions are submitted to the French law. This is the case for both fund rules and formal rules. In case of dispute or complaint, the customer will contact Eureka SARL at first in order to reach an amicable settlement.


Article 22 Data Protection
The information requested from the consumer is required to process the order and will not be provided to contractors of the company involved in the Eureka framework of the execution of this command. The consumer can write to the Eureka company whose coordinates are within the terms and conditions contained within the website, to oppose such disclosure or to exercise their rights of access, rectification to respect of information concerning and contained in the files of the Eureka, as provided by the law of January 6, 1978.