1. Definitions and application
The General Terms of Sales are exclusively applicable to all present and future commercial transactions between UpToTen / 9th Floor- Georges Guibert Street, ASTOR COURT - PORT LOUIS, MAURITIUS and the originator of the order (you).
Any terms you may formulate which are not in accordance with our General Terms of Sales shall be ignored unless they are the object of our prior express written agreement.
We reserve the right to modify the General Terms of Sales in any way and at any time and undertake to display the modifications on the site.
2. Our products
As we make every effort to present quality items on our site the characteristics of our products can be modified and improved at any time. All photographs and written descriptions are therefore not contractually binding.
It is implicitly understood that the sale of our products does not imply any transfer of intellectual or industrial ownership, copyright or trademark of any or all of our products, trademarks or software. In the particular case of the purchase of a CD-ROM (on a physical support and/or by downloading), only one user licence will be granted for one single user CD player.
All reproduction and/or public use of any of our products, trademarks or software without our express prior written permission and/or as set out in French law will be subject to legal proceedings.
All unauthorised use and copying or imitation will be punished according to French law.
3. Your order
We undertake to accept your order according to the General Terms of Sales specified herein.
Please note that we can only fill orders within the limits of our available stocks or those of our suppliers.
At the time of ordering you will be informed of the availability of the items you wish to purchase. However, if, in spite of our vigilance, one or several items proves to be unavailable after reception of your order you will be informed by e-mail and invited to change or cancel your order.
By confirming your order, you accept all of the General Terms of Sales herein, available for consultation on the site, and acknowledge that you have read and understood them and thus relinquish all right to apply any contradictory document or your own terms of sales. The act of purchase implies acceptance of these General Terms of Sales. This confirmation along with the information recorded during the purchasing process will be held as proof of the transaction.
If you wish to cancel an order please contact our customer service via e-mail
steve@uptoten.com or write to us at UpToTen / 9th Floor- Georges Guibert Street, ASTOR COURT - PORT LOUIS, MAURITIUS
4. Pricing
4.1
The prices, indicated in French Francs and Euros, will be considered as being inclusive of tax but excluding handling and shipping costs which shall be billed separately. We reserve the right to change prices at any time but you will nevertheless be charged the price shown at the time of ordering.
In the case of an error in the price indicated at the time of ordering and the actual price in effect, owing to a typing error, a printing error or an error in calculation on the site, the actual price will prevail. You can, however, cancel your order if you consider that the actual price is too high compared with the erroneous price indicated at the time of ordering.
4.2
All books are sold in accordance with the French "Lang law" (loi Lang 81-766 du 10 août 1981) concerning the pricing of books. Under the terms of this law, price discounts cannot exceed 5 % of the original price set by the publisher. If, in spite of our vigilance, the price of the book is increased by the publisher, we undertake to inform you of the increase before shipping the book and we will automatically apply the 5 % discount to the new price.
4.3
We reserve the right, in accordance with standard commercial procedures concerning several different countries, to apply different pricing systems depending on the eventual destination of the items. This provision is an essential aspect of our General Terms of Sales. If you do not agree with the above do not transact with us.
5. How to order
If you wish to purchase our products you can place an order via internet at:
steve@uptoten.com
6. Payment and safe shopping guarantee
Orders will be taken within the limits of available stock and will be processed on reception of payment.
We propose one mean of payment:
I - By credit card.
The following types of credit card are accepted:
- All cards bearing the logos VISA or MASTERCARD are accepted in France, and cards bearing the logos DINERS CLUB or DISCOVER or AMERICAN EXPRESS are accepted in United States.
For your security, UpToTen / Astor Court, Port Louis - Mauritius have signed an agreement with the Checkout, an internationally renowned bank offering a high security data encryption system. If you wish to obtain more information on this matter please click on the Checkout Bank link on our site.
On payment, you will enter your bank details directly at our payment centre (the Checkout Bank).
For your security and ours, all bank details are carefully protected:
1/ As the final phase of the transaction takes place directly between you and the payment centre, we never see your bank details.
2/ All bank details are encrypted before transmission and are thus totally unreadable.
To avoid paying commission on currency exchange it is of the utmost importance that you pay for your purchases with the currency of your current account. If your current account is not in the currency you choose, we decline all responsibility for any additional charges levied by your bank. Furthermore, we shall not be held responsible for any supplementary charges that your bank may demand as a result of a transaction with us.
7. Shipping and delivery
Unless otherwise specified, the delivery address will be that given at the time of ordering. All risks will be at your expense from the date at which the ordered goods leave our premises. Delivery deadlines are given as an indication only and shall not be considered as binding.
Your order will be processed in France by a professional handling service and, unless otherwise specified, will be sent from France by the French Postal Service.
8. Ownership and risk
The goods delivered remain our property until you have fulfilled all of your obligations concerning the transaction and until the entire sum demanded has been paid including any additional charges incurred. This ownership clause in no way affects the transfer of risks to the buyer on the date at which the goods leave our premises.
9. Returns policy - Damaged and/or defective items.
9.1
As stated in article L.121-16 of the consumer code (Code de la consommation) and Directive
n° 97-7 of May 20 1997 concerning consumer protection for distance purchasing, you have a legal period of 7 days counting from the date of delivery within which you are free to return the goods and thereby cancel the sale. The goods must be returned complete and in perfect condition within the allotted period, and you must pay all transport expenses.
9.2
ONLY GOODS THAT ARE RETURNED COMPLETE, IN PERFECT CONDITION AND IN THE ORIGINAL PACKAGING IN WHICH YOU RECEIVED THEM (CD, BOOKS - STILL IN THEIR UNOPENED CELLOPHANE WRAPPER UNLESS DAMAGED AND/OR DEFECTIVE) SHALL BE REFUNDED OR EXCHANGED.
9.3
Please indicate the reason for the returned goods to help us in our efforts to provide the best possible service.
All returned products and documents are to be sent to the following address:
UpToTen / 9th Floor- Georges Guibert Street,
ASTOR COURT - PORT LOUIS, MAURITIUS
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9. 4
Refunds will be handled within 30 days from the date at which the returned object is received at our premises.
However, we will not be responsible for incidents arising from chance events, circumstances beyond our control or from problems arising directly from normal wear and tear or from negligence or abnormal usage. These provisions do not limit or cancel your legal rights concerning hidden or latent defects (article 1641 of the French Code Civil) or product safety (article 13861 of the French Code Civil).
It is your responsibility to carefully examine the condition of the packaging at the time of delivery and, in the event of visible damage, to rapidly inform our customer service by e-mail at
steve@uptoten.com. We will then be able to change or refund the damaged goods if we consider that there are reasonable grounds to do so.
10. Customer service
As UpToTen / Astor Court, Port Louis - Mauritius make every effort to provide the best possible service, we have set up a customer service at the following e-mail address:
steve@uptoten.com.
Our support staff are available from Monday to Friday from 6 AM to 6 PM Central European time, excluding bank holidays. All enquiries are answered within business days.
For all questions concerning product descriptions, ordering procedures, payment and safe shopping, contact us on
steve@uptoten.com, type in your details and a member of our customer service team will contact you as soon as possible.
For all other questions concerning new products, product licences etc., please contact us by e-mail at the following address:
steve@uptoten.com, or by post at this address :
UpToTen / 9th Floor- Georges Guibert Street,
ASTOR COURT - PORT LOUIS, MAURITIUS
For all after-sales service questions and order tracking please contact our customer service by e-mail at the following address:
steve@uptoten.com
11. Access to personal information
The personal information that you give to UpToTen / Astor Court, Port Louis - Mauritius is destined for use by our services or by our partner sites. If you do not wish that this information be used by UpToTen / Astor Court, Port Louis - Mauritius or by our partner sites to inform you of special offers or new products and services please let us know by writing to:
UpToTen / 9th Floor- Georges Guibert Street,
ASTOR COURT - PORT LOUIS, MAURITIUS
Furthermore, as stated in article 27 of the French data privacy law (loi Informatique et Liberté du 6 janvier 1978 - article 27), you have the right to access and modify any personal information concerning you. Please contact us at the above address.
12. Liability
In the unlikely event of one of our products being flawed by hidden or latent defects we reserve the right to either rectify the defect or replace the defective product with another. If we do not wish to rectify the defect or replace the defective goods or if we are unable to, for whatever reason, you can return the goods and will be refunded. (please read point 9 concerning returned goods).
We decline all responsibility for the contents of the goods ordered or for their eventual usage. All products are in line with current French and European legislation. It is your responsibility to ensure that the products you order are in line with the laws of your country of residence. UpToTen / Astor Court, Port Louis - Mauritius will not be held responsible for any infringements of laws in the countries in which the goods are delivered.
Furthermore, UpToTen / Astor Court, Port Louis - Mauritius will not be held responsible for the contents of sites whose links are present on our sites.
UpToTen / Astor Court, Port Louis - Mauritius will not be held responsible for unfulfilled contractual obligations due to unforeseen occurrences or for circumstances beyond our control including, but not limited to, catastrophes, strikes, fires, floods, equipment malfunctions, transport problems, communication difficulties or misconduct on the part of the customer.
Neither will UpToTen / Astor Court, Port Louis - Mauritius will be held responsible for delays caused by the non-availability of products or in the case of an error in the presentation of items on our site (all texts, photographs and illustrations of products being non-contractual).
13. Privacy policy
We undertake to protect all personal information that we are given. All personal information that you give us is treated with the strictest confidentiality in accordance with our Privacy Policy which you can read at the following address:
http://www.uptoten.com/parents.phtml?SectionVar=legal&TabVar=2&LanguageDir=en&
When you fill out our product order form we will only ask you for the information that we need to handle your order and provide the best possible service. We may, at a future date, decide to share this information with our suppliers and partners (according to the terms of our privacy policy) as and when required for the needs of your customer orders. If you are opposed to this please send a blank e-mail without a message to the following address: steve@uptoten.com. If you do not wish to receive information about new products or special offers please send us an e-mail specifying this to: steve@uptoten.com. Remember to send an e-mail from each of the e-mail addresses that you gave us.
You have the right to access and modify any personal information concerning you, in accordance with article 27 of the French data privacy law (loi Informatique et Liberté du 6 janvier 1978 - article 27). To do this you can access your account on our site by simply entering your e-mail address and your password. For all other questions concerning the protection of your personal information please contact us at: steve@uptoten.com.
By agreeing to our General Terms of Sales, you acknowledge having read our privacy policy and agree to our collecting and using your personal information.
14. Jurisdiction
The act of placing an order implies, without exception, your full agreement to our General Terms of Sales. The above General Terms of Sales will be considered as binding between the two parties. In the eventuality of a disagreement about the interpretation of a part or all of the General Terms of Sales, it is agreed that independent arbitrators will be engaged to resolve the dispute.
The arbitrators shall be appointed, impartially and at the outset of the dispute, from a competent organisation such as the International Commercial and Industrial Arbitration Association (ARICI).
All complaints arising from a transaction between you and UpToTen / Astor Court, Port Louis - Mauritius must be made within 30 days in order to be taken into consideration.
