Legal Notice
Cambox, the first helmet camera for motorsports, is a product manufactured and sold by CAMBOX AMERICA INC
CAMBOX AMERICA INC
Office address :
2301 Blake St
Suite 100
DENVER
CO 80205
USA
Between CAMBOX AMERICA INC, 2301 Blake St, Suite 100, DENVER, CO 80205 registered under number EIN 83-2469022, represented by Mr. Jean-Marc Piednoir, as manager, duly authorized for these purposes. You can email the company by completing the contact form that can be found on the homepage. Hereafter, the “Seller” or the “Company”.
On one hand, the natural or legal person purchasing a product or service from the company, designated hereafter as “Buyer” or “Customer”
On the other hand, they had access to and agreed to the following: PREAMBLE
The Seller manufactures helmet cameras exclusively for consumers and sells them through its websites (http://www.camboxmeca.com, https://store.camboxmeca.com). The list and descriptions of the goods and services offered by the Company can be viewed on the aforementioned sites.
Article 1: Purpose These Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2: Terms and Conditions These Terms and Conditions of Sale apply to all sales of Products made through the Company's websites, which are an integral part of the Contract between Buyer and Seller. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable Terms and Conditions are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These Terms and Conditions are available on the Company's website at the following address: https://store.camboxmeca.com.The Company also ensures that their acceptance is clear and unqualified by setting up a checkbox and a validation click. The Customer declares they are aware of all these Terms and Conditions of Sale, and if necessary the Special Conditions of Sale related to a product or a service, and accepts them without restriction or reserve. The Customer acknowledges that they have received the advice and information necessary to ensure that the offer matches their needs. The Client declares that they are in a position to contract legally under the laws of France or validly represent the natural or legal person for which they make a purchase. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices of the products sold through the websites are indicated in USD, excluding taxes, and accurately outlined on the Product description pages. Prices do not include shipping fees. For all products shipped outside the European Union and / or French overseas departments, the price is automatically calculated without taxes on the invoice. Customs fees, other local taxes, import fees or state taxes may be due in certain cases. These fees and amounts are not the Seller’s responsibility. They will be paid by the Buyer and are their responsibility (declarations, payment to relevant authorities, etc.). The Seller invites the Buyer to contact the appropriate local authorities for more information. The Company reserves the right to modify its prices at any time for the future. Telecommunication fees necessary to access the Company’s websites are the Customer’s responsibility. The same is true for deliver fees, where applicable.
The Company reserves the right to change or suspend a promotional offer at any time. A discount code is only valid for a single person and cannot be combined with other discount coupons. The Company reserves the right to change or suspend a discount code at any time.
Article 3: Concluding the Online Contract The Customer must follow a series of specific steps for each Product offered by the Seller in order to make their order. However, the steps described below are the same for all products:
➢ Review information about the Product’s essential characteristics.
➢ Select Product and options, where applicable, and provide necessary Customer data (name, address, etc.).
➢ Accept these Terms and Conditions of Sale.
➢ Verify the order and, if necessary, correct any errors.
➢ Follow the payment instructions, and pay for products.
➢ Products are delivered.
Customer will receive email confirmation of their order payment, as well as confirmation that order was received. They will also receive a PDF copy of these Terms and Conditions of Sale. Products will be delivered to the address indicated by the Customer. In order to properly fulfill the order, and in compliance with article 1316-1 of the Civil Code, the Customer commits to providing verified identification items. Seller reserves the right to refuse order for example, for any abnormal request made in bad faith or for any legitimate reason.
Article 4: Products and Services The essential characteristics of the goods and services and their respective prices are made available to the Customer on the Company’s websites. The Customer acknowledges they have received details of the shipping fees, as well as payment, shipping, and contract execution methods. Seller undertakes to honor the Customer’s order within the limit of available Product stock only. Failing this, the Seller informs the Customer that they are out of stock. This detailed contractual information is presented in English. In compliance with French law, a summer of them will be presented and must be confirmed when the order is validated. The parties agree that the illustrations or photos of products offered for sale have no contractual value. The duration of the validity of the Product offer and their prices is specified on the Company's websites as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Except as otherwise provided, the rights granted hereunder are granted only to the natural person who signed the order (or the person to whom the email address belongs). In accordance with the legal provisions concerning compliance and latent defects, the Seller refunds or exchanges products that are defective or that do not match the order. Before product is shipped, refunds can be requested by email: hello@camboxmeca.com. After package is received, Customer ships package at their own expense using signature-required service, which is a valid proof of receipt.
Article 5: Retention of Title Clause Products remain the property of the Company until price is paid in full.
Article 6: Delivery Methods Products are shipped to the delivery address entered when product is ordered and the selected timeframe. This timeframe does not include the time to prepare an order. If shipping is delayed, Client receives an automatic email informing them of the delay. If shipping is delayed, Customer has the opportunity to rescind the contract in the conditions and manner specified in Article L 138-2 of the Consumer Code. The Seller then proceeds to refund the product and the outbound shipping costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline telephone) indicated in the order confirmation email to facilitate order follow-up. The Seller reminds Customer that at the moment they take physical possession of the products, the risks of product loss or damage are transferred to them. It is the customer's responsibility to notify the carrier of any issues with the product delivered.
Article 7: Availability and Presentation Orders will be processed within the limit of our available stocks or subject to stock available from our suppliers. In cases where an item is unavailable for more than 7 working days, you will be immediately notified of the projected delivery times and your order can be canceled upon request. The Client may then request a credit or refund for the item’s amount.
Managing Item Availability
Article 8: Payment Payment is due immediately when placing order, including pre-ordered products. Client can make payment by credit card, PayPal or bank check. Cards issued by banks outside France must be international credit cards (MasterCard or Visa). Secure online credit card payment is handled by our payment vendor. Information transmitted is encrypted per best practices and cannot be read during network transmission. Once payment has been sent by Customer, the transaction is immediately charged after information verification. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By submitting their bank information at the time of sale, the Customer authorizes the Seller to charge their card in the amount of the indicated price. The Customer confirms they are the legal owner of the card to be charged and that they have the legal right to use it. In cases of error, or when card cannot be charged, the Sale and order are immediately cancelled.
Article 9: Deadline for Withdrawal In accordance with Article L. 121-20 of the Consumer Code, “the consumer shall have fourteen full days to exercise their right of withdrawal without having to provide justification or pay penalties, excepting, if applicable, the costs of return." “The period mentioned in the preceding paragraph begins upon receipt of goods or acceptance of service offer.” The right of withdrawal can be exercised by contacting the Company in the following way: by e-mail to hello@camboxmeca.com. We inform Customers that in accordance with article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised because product is not understood or because product is incompatible with a device or use. If aforementioned right of withdrawal is exercised, on the price of the product(s) purchased and the outgoing shipping fees will be reimbursed. The return fees are the Customer’s responsibility. Products returned must be in their original and complete condition (packaging, accessories, instruction booklet, etc.) so that they can be resold as new. They should be accompanied, if possible, with a copy of the receipt.
Article 10: Guarantees In accordance with the lay, the Seller provides two guarantees: product conformity and hidden defects. The Seller will refund the purchaser or exchange products that appear defective or that do not match the order made. Refund request must be made in the following manner: by telephone to confirm the analysis, then email confirmation. Seller highlights that the consumer: – has 2 years starting from the time the good is delivered to contact the Seller.
– can choose between replacing or repairing the good according to best practices for apparently defective or not matching items.
– is exempt from providing evidence of conformity defects of the good during the six months following its delivery. – except in the case of used goods, this timeline is extended to 24 months beginning on 18 March 2016
– may also assert against the hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and, in this case, they may choose between cancelling the sale or paying a reduced price (provisions of Article 1644 of the Civil Code).
Article 11: Claims If applicable, Purchaser can present any claim by contacting the Company using the following methods: Phone at +33(0)240719005 or email to hello@camboxmeca.com.
Article 12: Intellectual Property Rights The brands, website names, products, programs, images, videos, text or, more generally, an information subject to intellectual property rights are and remain the sole property of seller. No assignment of intellectual property rights is conducted through these Terms and Conditions. Full or partial reproduction, modification or use of these goods for any reason is strictly prohibited.
Article 13: Force Majeure The seller’s performance obligations in these terms is suspended in the event of a fortuitous or force majeure event that would prevent them from being executed. The seller will notify the customer as soon as possible if such an event occurs.
Article 14: Contract Annulment and Modification If one of this contract’s stipulations are annulled, this cancellation would not invalidate the other stipulations which remain in force between the parties. Any contractual modification is not valid without written and signed agreement between the parties.
Article 15: Personal Information Protection In accordance with the Data Protection Act of 6 January 1978, you have the right to request, access, modify, oppose and rectify personal data concerning you. By adhering to these Terms and Conditions of Sale, you consent to our collecting and using this data to carry out this contract. By entering your email address on any of the sites in our network, you will receive emails containing promotional information and offers for products marketed by the Company and its partners. You can unsubscribe at any time. All you need to do is click on the link at the bottom of our emails or contact the entity in charge (the Company) by registered letter. We monitor traffic on all our sites. To do so, we use tools such as Google Analytics.
Article 16 Clause Limiting Responsibility Seller’s responsibility for carrying out the service is limited to 500 Euros.
Article 17: Applicable Law All clauses included in these Terms and Conditions of Sale, as well as all of the buying and selling transactions referred to herein, are governed by French law.