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This document describes the terms and conditions of the website Outdoority.com (hereafter referred to as "we"). These apply between the company CEM Partners LLC and any person (hereafter referred to as "you" or "the consumer") visiting or making a purchase on Outdoority.com.
We remind you that on Outdoority.com:
- Goods are sent from our warehouses in 24 to 48 hours
- Our priority is your satisfaction
- Our customer service team can be reached via the contact form available here and will respond to you within 24 hours.
Any visit to or act of purchase on Outdoority.com requires the consultation and unconditional acceptance of these terms and conditions. As a result, the visitor (or consumer, or customer) hereby confirms that they are fully aware that their agreement with the content of these conditions does not require that this document be signed, it is sufficient that the consumer wishes to order online the products presented in the website.
Prior to placing their order, the consumer confirms that the acquisition of these products is not directly related to their professional activity, the purchase is purely for their personal use. As a consumer, you have specific rights, which would be compromised in the event that the goods or services purchased through the website were to be used for professional purposes.
The online store Outdoority.com provides the following information:
- Legal notice enabling the precise identification of the company CEM Partners LLC
- Presentation of the essential characteristics of the goods for sale
- Indication of the prices of said goods and, if applicable, delivery charges
- Indication of the forms of payment accepted along with delivery methods and performance standards.
- The period of validity of the offer or the price
- All of this information is presented in French.
The consumer confirms that they have the full legal capacity to consent to these terms and conditions
Article 1: Totality
These terms represent the full extent of the parties’ obligations. In this sense, the consumer accepts the full provisions of these terms and conditions without reservation. No general or specific condition stated in documents sent to or by the consumer may be incorporated herein if said documents are inconsistent with these terms and conditions.
Article 2: Aim
These terms are intended to define the rights and obligations of the parties in connection with the online sale of goods and services offered by the company CEM Partners LLC to the consumer.
Article 3: Contractual Documents
This contract contains the following contractual documents, presented in descending order: these terms and conditions; the invoice; the product details. In case of conflict between provisions contained in documents of different ranks, the provisions of the higher-level document take precedence.
Article 4: Entry into force - duration
The Terms and Conditions may be subject to change, the applicable conditions are those in effect at the site at the time of placing your order. These conditions are held to be in effect for the length of time required to provide the goods and services purchased, until the expiry of the guarantee period supported by the company CEM Partners LLC.
Article 5: Contract
This document is an agreement between the parties. Thus, the action of ticking the box on the order-validation page indicates acceptance of these Terms and Conditions by the consumer and constitutes an electronic signature which has the same value as a handwritten signature between the parties.
You acknowledge that you have the ability to understand and agree to the terms described here and that you are of legal age and not under guardianship. You acknowledge having read the Terms and Conditions before placing your order. The placing of an order implies that you fully and unreservedly accept the Terms and Conditions.
Article 6: Order Confirmation
Once these Terms and Conditions have been agreed and you have confirmed your order on Outdoority.com you will receive an order confirmation email with 24 hours. If after 24 hours you still have not received a confirmation email, please check your spam folder and then contact us via the contact form available here and at the bottom of each page.
Article 7: Transaction and Payment
The transaction corresponding to the payment of the order must be made in conjunction with the validation of the order. Payment can only be made on Outdoority.com and via the proposed methods which are:
- Carte Bancaire secured by SSL (HTTPS)
Payment by bank card will be made directly on our website. The security of your banking information is our top priority, it is guaranteed by the use of SSL (HTTPS). Your banking details are never kept on our servers; they are encrypted and sent directly to our banking provider who makes the payment.
Payment by check or bank transfer is not accepted.
In case of late payment, we are entitled to charge interest on arrears, this will be calculated based on the statutory rate applicable at the date on which the order should have been paid.
Article 8: Product Information
All products on Outdoority.com are brand new.
On its website Outdoority.com, the company CEM Partners LLC provides details of the products for sale and highlights the essential characteristics of the products to the consumer in order for the consumer to make an informed decision as to whether or not the product meets their requirements prior to placing their order. These descriptions and specifications are provided by manufacturers or their distributors. Product photos and descriptions may not accurately reflect the characteristics of the products despite the care taken with the details. We will in no circumstances be held liable for incorrect data supplied by manufacturers or distributors.
The offers detailed on Outdoority.com apply only while stocks last.
Article 9: Price
The prices shown are only valid on the date on which the order is validated by the consumer. We reserve the right to change prices at any time without notice. They do not include delivery charges, which are billed at cost and indicated prior to the validation of the order. Payment must be made in full when ordering. Payments can not be considered as a deposit under any circumstances. When ordering from a country other than the USA, you are the importer of the products concerned. Customs duties or other local taxes or import or state taxes may be due. These taxes and fees are outside our control. They will be your responsibility both financially and in terms of making the relevant declarations to the authorities and bodies in your country. We are not required to verify or to inform you of customs duties and taxes. We advise you to inform yourself about these issues by contacting your local authorities.
Article 10: Validation of payment
The consumer confirms to the company CEM Partners LLC that they have the required permission to use the method of payment chosen by them. The company CEM Partners LLC reserves the right to suspend any order or delivery in the case of a refusal to authorize payment on the part of the officially accredited organizations or in the event of non-payment. The company CEM Partners LLC reserves the right to refuse to make a delivery or to honour an order from a customer who has not fully paid a previous order or with whom a payment dispute is currently in progress. The company CEM Partners LLC has established a process of control checks to ensure that no one is using the bank details of another person without their knowledge. As part of this audit, a client may be asked to send a copy of an identity document in an email to the company CEM Partners LLC. The order will only be confirmed after we have received and verified the aforementioned documents. After processing these documents are immediately destroyed.
Article 11: Availability of products
All our products are in stock and are shipped from the USA. Despite our best efforts, it may come about that our product is temporarily unavailable despite being shown our site, particularly when another client makes an order simultaneously. Should the ordered product be unavailable, the consumer will be informed immediately and will be able either to wait for it to come back into stock or to cancel the order. The consumer will then have the choice of either requesting a refund the sum paid or choosing a different product.
Article 12: Delivery
The products are delivered to the address specified by the customer when ordering. Our shipments are mainly carried out by USPS. You will receive an email telling you when the shipment is due to arrive. Delivery times depend on the carrier and may vary. Low-value orders can be shipped in a plain envelope.
If you are absent on the day of delivery, the post office allows your postman to leave a failed-delivery notice in your letterbox, allowing you to collect your parcel at your post office during business hours, within 15 days. It may be, as in any shipment, that there is a delay in delivery or that the product gets lost. In case of a delay in delivery, as compared generally-recognized delivery times (between 5 and 10 working days), we ask that you notify us of the delay through the contact form available here. An investigation by the Post Office can take up to 21 days from the start date of the investigation. If during this period, the product is found, it will immediately re-routed to your home (which occurs in most cases). But if the product is not found at the end of the 21 days of investigation, the Post Office considers the package as lost. It is only then that we can send you a replacement at our expense. If the ordered products are not available at that time, we shall refund the cost of the products affected by the carrier’s loss. We accept no liability for longer delivery times caused by the carrier, especially in case of loss of products or strike action.
Article 13: Delivery problems caused by the carrier and delivery errors
Any issues with the delivery (damage, missing product listed on the delivery order, damaged package, broken product ...) must be indicated on the delivery form under the section "réserves manuscrites" (handwritten comments), accompanied by the signature of the customer. The consumer must also confirm this problem by sending a tracked letter to the carrier within two (2) business days following the date of delivery setting out their claim. The consumer must send a copy of this letter by email to Outdoority.com via the contact form available here.
In the case of any claim relating delivery error and/or good being not as described or in different quantity to that stated on the Outdoority.com invoice available in your account, the consumer must contact us on the day of delivery or at latest on the first business day after delivery. Any claim made after this time will be rejected. The formulation of this claim will be made via the contact form available here stating the order reference. Any claim not made in accordance with the rules defined above and within the time limits will not be considered and the company CEM Partners LLC will be relieved of any liability to the consumer.
Article 14: After-Sale Returns
All product returns to the company CEM Partners LLC must be preceded by an RMA request via the contact form available here. The company will assign an RMA number for the product(s) in question and will communicate it by e-mail to the consumer along with the return address, which is different from the address of the head office. The exchange of a product can take place only after the customer has been provided with an RMA number.
Once a return number has been assigned to you can send any product to be exchanged or refunded to us by recorded delivery to the return address that will have been provided by email, which is different from the registered address. To be accepted, all returns must have been previously reported to the Customer Service team, at Outdoority.com via the procedure described above. The return shipment costs are borne by the consumer.
The processing time of returns can vary from 5-30 days depending on the product (time given as an guideline only).
Article 15: Product Warranty
The consumer is expressly informed that the company CEM Partners LLC is not the manufacturer of the products presented on the website. Therefore, in case of damage to a person or property by a defective product, only the manufacturer may be held liable by the consumer on the basis of the information on the product’s packaging or transmitted by the company. The conditions and duration of the manufacturer’s warranty, where relevant, are stated in the product information. In the case of warranty returns, we kindly request you to contact us BEFORE returning the product via the procedure described in Article 14 of these terms and conditions.
Article 16: Right of withdrawal
The consumer has a period of 7 days to return, at their expense, any products which are unsuited to their needs. This period begins upon the date of delivery of the consumer's order. If the deadline falls on a Saturday, Sunday or public holiday, it is extended to the next business day. All returns must be agreed in advance by the Customer Service team at Outdoority.com using the procedure described in Article 14 of these terms and conditions. After the acceptance of the return is confirmed, you will have three business days to send the package to the address provided.
Products must be returned in their original packaging WITHOUT having been opened, unsealed or used so that the consumer can exercise the right of withdrawal. We can only accept products returned in their entirety, with their original packaging complete and intact and in perfect condition for resale. Any product that has been damaged or with original packaging which has been damaged will not be refunded or exchanged.
This right of withdrawal is without penalty, except for the cost of return. Should the customer exercise their right of withdrawal, they have the option of requesting either a refund of the sum paid, or of exchange the product. In the case of an exchange, the re-shipment will be at the expense of the consumer.
Upon the exercise of the right of withdrawal, the company CEM Partners LLC will make every effort to reimburse the consumer as soon as possible.
Note that regardless of the method of payment used, refund will be made via Paypal, the secure payment method. If need be, it is your responsibility to create a free PayPal account at www.paypal.com.
Article 17: Limitation of Liability
We accept no liability in the event that the delivered product does not comply with the laws of the country of delivery other than in the United States. We can not be held liable for breach of contract in case of lack of stock or product unavailability, force majeure, disruption or partial or total strike action, particularly by the postal services and the transport and/or communications services. We will not be held liable for any direct or indirect damages that may arise from the purchase of products. We can not be held responsible for the total or partial inability to use the products, mainly due to hardware incompatibility, nor do we accept any requests compensation or reimbursement.
Hypertext links can redirect users to other sites. We are not responsible if the content of these sites violate the laws and regulations in force.
To the extent permitted by law, we provide www.site and its contents on an "as is" basis. We make no representation or warranty of any kind, either express or implied, regarding the website, its operation or its contents. None of the information provided is contractually binding; this includes statements concerning the availability and conformity of products on the site. In addition we can neither declare, nor warrant that the information accessible via the site is accurate, complete or up-to-date.
Under no circumstances can we be held liable by individuals or professionals for loss of benefits, loss of business, loss of data or loss of profit or for any other form of indirect damage which was not foreseeable at the time of the use of the site or of the contract of sale between us and you.
We can in no way be held responsible for the use made of the objects for sale on this site and the consequences resulting therefrom. The consumer is solely responsible for the item and its application. It is up to the user to ensure that their actions comply with the laws in force in their country and do not affect either others or to themselves.
Article 18: Force Majeure
Neither party will be held to be in breach of their contractual obligations, if the execution thereof is delayed, hindered or prevented by a fortuitous event or force majeure. The definition of fortuitous event or force majeure includes any irresistible facts or circumstances, which are outside the control of the parties and are unpredictable, unpreventable and/or independent of the will of the parties and can not be prevented by them, despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of them. Both parties will then examine the impact of the event and agree the conditions under which the contract will be continued. This will be done within 15 days, unless prevented by force majeure. If the event of force majeure lasts longer than three months, these terms may be terminated by the aggrieved party. The following examples can be considered as force majeure or acts of God: the blocking of means of transportation or supplies, strikes, earthquakes, fires, storms, floods, lightning, telecommunications outages or difficulties specific to external telecommunication networks (list is not exhaustive).
Article 19: Partial invalidation
If one or more provisions of these terms are held to be invalid or declared as such under any law or regulation or following the final decision of a competent court, all other provisions shall remain in full force and scope.
Article 20: Non renunciation
The failure of either party to claim a breach by the other party of any of the obligations contained in these Terms shall in no way be construed in the future as a waiver of the requirement in question.
Article 21: Applicable law
This contract is subject to the law in force in the State of Florida (USA).
The language of this contract is the French language.
In case of dispute, the courts of Florida (USA) will be competent.
The information requested from the consumer is required to process the order and will be provided to contractors working to complete the request. Consumers can write to the company CEM Partners LLC whose details are below to exercise their rights of access and rectification with respect to information about them.
Your customer password is kept encrypted in our database and we can not access it. If you lose this password you can use the tool to create a new password. This is available online.
CEM Partners LLC and its website Outdoority.com be reached via the contact form available here or by mail to the address below:
CEM Partners LLC
2150 Coral Way
MIAMI, FL, 33145
NB: This address is not the return address for packages!
For returns, we kindly ask you to follow the procedure described in Article 14 of these Terms and Conditions.