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Terms and Conditions

These conditions of sale are concluded between
- on the one hand Xavier TOPAKIAN - Rua Prof. A. Salazar 37 - 3 dir - 4420-536 Valbom GDM (Portugal) hereinafter referred to as TOXA "
- and on the other hand any natural or legal person wishing to make a purchase via the TOXA website, hereinafter referred to as "the buyer

OBJECT
The present conditions of sale aim at defining the contractual relations between TOXA and the purchaser and the conditions applicable to any purchase made through the commercial site of TOXA, that the buyer is professional or consumer. The acquisition of a good or a service through the present site implies an acceptance without reserve by the purchaser of these conditions of sale.
These conditions of sale shall prevail over any other general or special conditions not expressly approved by TOXA. TOXA reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.

PROPOSED GOODS & SERVICES
The products and services offered are those listed in the catalog published on the TOXA website. These products and services are offered within the limits of available stocks in the case of limited series.

COPYRIGHT
It is expressly agreed that the purchase of a file downloaded from the TOXA website is for the sole use of the buyer, the latter formally prohibiting
- any loan, gift or sale to a third party, either from this file or from a printout on any medium,
- any minor modification of this file (like cropping, deleting the signature ...)
Any exception to these copyrights must be the subject of a prior written agreement of TOXA.

RIGHTS MANAGED
In the case of purchase of rights managed, the buyer undertakes to scrupulously respect the use he has mentioned, as well as the geographical area and the duration of these rights.

PRICES
The prices listed in the catalog are prices inclusive of VAT, taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the products or services. TOXA reserves the right to modify its prices at any time, provided however that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. Prices shown include [or do not include] order processing, shipping and delivery charges as long as they occur in the geographic areas set out below.

GEOGRAPHICAL AREA
The online sale of manufactured products presented in the site is reserved for buyers who reside in France, the Dom-Tom or Monaco and for deliveries required in these geographical areas. Other destinations will be subject to specific pricing for delivery charges. Products for download are available to buyers from all countries

ORDERS
The buyer who wants to buy a product or a service must:
- fill in the identification form on which he will indicate all the requested details,
- fill out the online order form giving the references of the products or services chosen,
- validate your order after checking it,
- make the payment in the prescribed conditions,
- confirm your order and payment.
The confirmation of the order implies acceptance of these conditions of sale, the recognition of having perfect knowledge and understanding, and the waiver of its own conditions of purchase or other conditions. All data provided and the recorded confirmation will be worth proof of the transaction. Confirmation will be worth signing and acceptance of transactions. The seller will communicate by e-mail confirmation of the recorded order

Buyers, non-professional individuals, benefit from a withdrawal period of seven days from the delivery of their order to return the product to the seller for exchange or refund without penalty, with the exception of return costs. This right of withdrawal does not apply to digital products including downloaded photographic files.

PAYMENT TERMS
The price is due when ordering.
Payments will be made by credit card or PayPal system; they will be made through the secure system that uses SSL (Secure Socket Layer) so that the information transmitted is encrypted by software and no third party can read it during transport on the network.
The buyer's account may be debited when ordering or shipping the products or services available, the amount of products or services sent or downloaded. At the request of the buyer, he will be sent a paper invoice showing VAT or its absence

DELIVERIES
Deliveries are made to the address indicated in the order form which can only be in the agreed geographical area. The risks are the responsibility of the buyer from the moment the products left the premises of TOXA, even if the port is included.
In case of damage during transport, the reasoned protest must be made to the carrier within three days of delivery. Delivery times are only indicative; if they exceed thirty days from the order, the contract of sale may be terminated and the buyer refunded.

GUARANTEE
All the products supplied by TOXA benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In case of non-compliance of a product sold, it may be returned to TOXA who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post which will then be communicated by TOXA, within thirty days of delivery

RESPONSIBILITY
TOXA, in the process of selling online, is held only by an obligation of means; it can not be held responsible for damage resulting from the use of the Internet network such as data loss, intrusion, virus, service interruption, or other involuntary problems.

INTELLECTUAL PROPERTY
All elements of the TOXA website are and remain the exclusive intellectual property of TOXA.
Nobody is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site that are software, visual or sound. Any single link or hypertext is strictly prohibited without the express written consent of TOXA

DATA WITH PERSONAL CHARACTER
In accordance with the law relating to computers, files and freedoms of January 6, 1978, the information of a personal nature relating to buyers may be subject to automated processing. TOXA reserves the right to collect information about the purchasers including by using cookies, and, if it wishes, to transmit to the commercial partners the collected information.
Buyers may object to disclosure of their details by notifying TOXA. Similarly, users have a right to access and rectify data concerning them, in accordance with the law of January 6, 1978. The automated processing of information, including the management of email addresses of users of the site must be declared to the CNIL

ARCHIVING - PROOF
TOXA will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. TOXA's computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

DISPUTE
The present conditions of sale on line are subjected to the Portuguese law. In case of dispute, jurisdiction is assigned to the competent courts of Porto, notwithstanding plurality of defendants or warranty claim

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