Terms of Sale

Acceptance of the conditions

The present conditions are concluded between, on one hand, the e-ponk company, has the address 97 street of the devois 34980 st gely of the fesc, under the registration number 488 512 203 00016, below called " e-ponk " and, on the other hand, the persons wishing to make a purchase via the web site of e-ponk ( www.e-ponk.com ) below called" the user ". These conditions concern on an exclusive basis only the not trading physical persons. The parties agree that their relations will be exclusively governed by the present contract, with the exception of any condition beforehand available on the site. If a condition came to be lacking, it would be considered to be governed by the manners current in the sector of the sale at distance for companies which head office is in France. E-ponk makes a commitment to respect all the legislation of the Code of the Consumption relative to the sale at distance. The user acknowledges to be fully informed, when the order is placed, of the specific conditions hereafter stated and declares accepting them without any reservation in respect of this agreement.

Products...

The Products of the Tee-shirts, Stickers, Paintings. The pictures illustrating the products, do not enter into the contractual scope. If some mistakes are inserted, in any case, the responsibility of e-ponk could not be involved. It is the same conclusion with the sizes and dimensions charts available on the site and which have an approximate nature and do not enter into the contractual scope either. If some mistakes are inserted, the responsibility of e-ponk could not be involved in it either. The most majority of the products suggested are available in the limit of the available stocks.

Everything products to propose on the e-ponk site are put deposited (Copyrights)

Order...

The automatic registration systems are considered as being the proof, the nature, the content and the date of the order. E-ponk acknowledges receipt of the customers order at the e-mail address forwarded by the customer. E-ponk reserves the right to cancel any customers order with whom a dispute would have occurred, related to a payment of a previous order. The information given by the customer at the placement of his order involve him : in case of any mistake in the datas given by the receiver, the supplier could not be responsible for the impossibility to deliver the product.

Delivery...

After the acknowledgement of the order, e-ponk agrees to deliver to its transport company, all the references ordered by the buyer within a 72 hours notice. This transport company agrees in a contract with e-ponk to deliver the order to the address of the buyer given by e-ponk..

Moreover, for deliveries outside metropolitan France, the customer agrees to settle all the taxes related to the importation of the products, customs fees, VAT, and any other taxes related to the local legislation of the country receiving the order. All the orders placed to e-ponk are only intent for a personal usage by the customers, the customers or the receivers of the products are no allowed to resale partially or totally the products. E-ponk can not be legally responsible for the settlement of the taxes if not paid by the customer. Possible delays do not allow the buyer to claim for damages.

In case of any visible defect, the buyer is allowed to return the products according to the conditions stated in this document. Circumstances outside the supplier�s control are the followings : war, riots, fire, strikes, accidents and the impossibility of being supplied. The products are transported under the buyer responsibility. Always check your parcel at the arrival. You may claim within 48 hours against the transport company in case of any shortage or damage. For availability reasons, an order can be delivered in different times to the customer. In this case, the customer pays for only one delivery. If the customer asks for 2 destinations, he has to place 2 orders, with corresponding delivery fees.

Retraction...

Consumption Law : Art L 121-16
You have a seven days notice (from the receipt of the products) to make your own opinion of your t-shirt, sticker or printed painting. You can use your right of retraction without any justification or penalty due, except for the transportation costs to return the product. In case of exchange or refunding, you have to return the item(s) without any damage in its (their) original packaging, to the following address :

e-PONK
97, rue du Devois
34980 Saint-Gely-du-Fesc
FRANCE
Fax : +33 (0)04 64 29 54 83
Tel : +33 (0)06 99 36 41 20

e-ponk is responsible for refunding the money paid by the customer, without any charge, except for the transport costs to return the product. The refunding is due within a 13 days notice. .

Guarantee...

The Guarantee of the Tee-shirts, Stickers, Paintings. If the item is returned because of quality damages, e-ponk will be charged for the transport costs. It is kindly recommended to the customer to use a transportation without unnecessary extra costs. The transport costs are due either after the shipment or in advance if requested by the customer. The damages due to a bad usage of the product or to an external cause (such as a non respect of the washing or service recommendations) cannot be considered as indemnified.

Consumption Law�: L 211-1

Price...

The prices of the Tee-shirts, Stickers, Paintings are expressed in euros. The price given on the product sheets does not include the transportation. The price given in the acknowledgement of order is the final price. This price includes the price of the products, handling fees, packaging and storage costs of the products, transportation and delivery costs.

On-line Payment...

The invoiced price to the customer is the price give on the acknowledgment of order sent by e-ponk. The price of the products is cash due date of order. You can make yourself easy : we do not receive your financial datas. PayPal you protected by the best technologies anti-cheats. Buy on-line worldwide in 55 countries and regions of the world, by accepting 6 currencies, Canadian Dollar, Euro, Pound sterling, Dollar USD, Yen, Australian dollar. Besides, e-ponk reserves the right to refuse any order of a customer with whom would exist a dispute.

Disputes...

This sale contract is governed by French Law. E-ponk cannot be considered as responsible for any damage of any kind, either material or bodily ones, that could result from a bad working or a bad usage of the sold products. The case is the same for potential modifications of the products from the suppliers. The e-ponk responsibility is definitely be limited to the amount of the order and cannot be involved for minor mistakes or missing that could occurred despite of all the attentions taken for the products presentation. In case of any issue to apply this contract, the buyer, before any suit, can take the option to settle a difference out of a court especially with the help of : a professional association of the division, a consumers association or any other advice of his own. It is confirmed that this option does not interrupt the short notice of the legal guaranty, neither the notice related to the agreement�s guaranty. It is confirmed that as a general rule and apart from the trial decision, the application of this agreement related to the agreement�s guaranty understands that the buyer follows his financial commitment towards the supplier.

Any claim or dispute shall always be considered as, honor being always presumed for the one who takes the time to explain the situation. In case of any dispute, the buyer will first explain it to e-ponk, in order to find a solution out of the court.

All disputes arising with this agreement shall be finally settled by the Commercial Court of Montpellier, wherever the delivery place is and whatever way of payment is used.

In all the cases e-ponk could not be held for person in charge for nonrespect for the regulations and legislative into force in the country of reception, the responsibility for e-ponk is systematically limited to the value of the product blamed, value on its date of sale and this without possibility of recourse towards the mark or the producing company of the product.

In any assumption, the customer profits from the legal guarantee of ousting and the hidden defects (Art and following of the Civil code). With the condition which the purchaser makes the proof of the hidden defect, the salesman must legally repair of them all the consequences (art and following of the civil code); if the purchaser addresses himself to the courts, it must do it within a short time as from the discovery of the hidden defect (art of the civil code). You can contact the customer service: 6 days out of 7 (of Monday at Saturday included) by email: contact@e-ponk.com (response under 48 hours).

Legal Information...

The information of the personal information collected for purposes of the remote sale is obligatory, this information being essential for the treatment and the routing of the orders, the establishment of the invoices and contracts of guarantee. The defect of information involves nonthe validation of the order. In accordance with Data-processing law the and Freedoms, the personal data processing relating to the customers with fact the object of a declaration near the National Commission of Data processing and Freedoms (CNIL). The customer has (article 34 of the law of January 6, 1978) a right of access, of modification, correction and suppression of the data which relate to it, that it can exert near e-ponk. Moreover, e-ponk is committed not communicating, free or with counterpart, the co-ordinates of its customers to a third.