1. DEFINITIONS :
The owner of the web-site the Stringway Shop as such identified on your confirmation of your order and/or on your invoice.
Purchases : Products and/or the Services bought from the Stringway Shop exclusively made via Internet and paid for through PayPal for clients with their own PayPal account, or, for residents of the E.E.C. without a PayPal account, payments can be made through PayPal by Visa or by Mastercard.
Buyer : physical or moral person who buys Products and/or Services from the Stringway Shop .
Conditions : the General Conditions of Sales and Services of The Stringway Shop the Buyer expressly accepts the present Conditions.
IPR : "rights of intellectual property", notably including, patents, the brands, the drawings and models, any application of these rights of property, the copyright, the know-how, the trade names and other protected rights of intellectual property whatever is the country.
Service offer : services proposed by the Stringway Shop such as described in any current document published by John Elliot and on his Internet site.
Stringway products : Stringway brand products made and/or assembled and guaranteed by Stringway, which are marketed by the Stringway Shop.
Prices : total price of Products and/or Services owed by the Buyer to the Stringway Shop.
Products : as described in any document published on its Internet site the Stringway Shop or in any confirmation of order to the Buyer from StringwayShop.
Deliveries : all orders up to 7kgs gross weight (strings, accessories, tools, etc.) will be delivered exclusively by the Post (Colissimo International or Registered). Stringing Machines and heavier consignments can be sent by the Post or any other transporter chosen by Stringway Shop.
2. RIGHTS of the BUYER : These Conditions do not modify the imperative legislative rights granted to the Consumers.
3. ORDERS and PAYMENTS :
3.1 The order is accepted as of the edition of the invoice and the payment of the total amount due by the Buyer.
3.2 All sums due under these conditions shall be paid before dispatch of the material ordered.
4. PRICES and DELIVERIES :
4.1 Delivery Costs : For all orders the costs of delivery to an address in the EEC (Europe) are calculated on the basis of the total net weight for each order, this amount includes a participation towards the costs of handling, packaging and shipping to the Buyer :
F.O.C : Only for Strings in "test-packs" - for Stringing Services - Training Programs
When consulting your "caddy" before finalizing the order, select "Free of Charge" (Gratuit) if you have ordered only string sets, or Service products.
4.2 Deliveries : You can choose to delivery to your home or to another address. We do not deliver to PO boxes, hotels or camp-sites. The following delivery services are determined by the category of the product ordered :
4.3 The above mentioned costs of shipping are not applicable will be adjusted according to the real cost of shipping for each order. Any additional shipping costs will be advised by e-mail and are to be accepted by the client, prior to the confirmation of the order by the Stringway Shop. The client can refuse to accept the additional shipping costs, in this case the order will be cancelled and refunded without charges.
5. PROPERTY and RISKS : The property of purchased Products is transferred to the Buyer after complete payment of the Invoice.
6. FORCE MAJEURE :
6.1 We have the right to delay or cancel delivery if we are prevented from or hindered in or delayed processing or other treatment or delivering by usual methods through any circumstance beyond our control, including but not limited to strikes or other industrial strife (whether at our works or at our suppliers, carriers or docks) accidents, war, fire, reductions in or unavailability of power at our works or those of our suppliers, breakdown of manufacturing or other equipment or unavailability of material or other equipment from our usual suppliers.
6.2 It shall be the duty of the Buyer to be ready to accept delivery and to make available to us or our carrier all reasonable help and assistance required in unloading the Material (any delay and/or extra costs incurred by the Buyer's failure, being charged to them).
7. RISK AND OWNERSHIP : The risk in the Material shall pass to the Buyer at the point of delivery.
8. GUARANTEE for Stringway Stringing Machines :
8.1 The Stringway Stringing Machines are unconditionally guaranteed for 10 years, as of the date of delivery, against any manufacturing defects.
8.2 The Stringway Machines are repaired according to the guarantee of their manufacturer. The Buyer agrees to address to the said manufacturer for the exercise of the guarantee of their Products.
9. LIABILITY :
9.1 The Material will be in accordance with the requirements agreed to be supplied to the Buyer.
9.2 Unless there has been a written agreement to the contrary we make no warranty as to the fitness of the Material for any other purpose than that which it is sold.
10. CONFLICT OF CONDITIONS :
In the event of there being any conflict in these Conditions and any conditions emanating from the Buyer then these Conditions shall have precedence over those of the Buyer. Furthermore the Buyer's conditions are not binding or accepted in any way by us unless otherwise specifically accepted in writing. No variation of these terms may be given by any of our employees unless confirmed in writing by the management and no collateral or supplemental contract may be made or construed unless confirmed in writing on our official stationery.
11. APPLICABLE LAW and JURISDICTION :
11.1 All disputes arising out of or in connection with this Contract shall be determined and governed by law and shall be enforceable in the Courts of whichever country we decide as determined by French Law. Only the French language is contractually used.
11.2 These conditions are subjected to the Laws of France and, if the Buyer is a merchant in the exclusive competence of the competent Courts of Paris, France. If a clause of these Conditions is declared inapplicable by a court, the rest applies. The Agreement of Vienna on contract of international sale of goods is not applicable to these Conditions.