Terms and Conditions for Piercing Experience
Welcome to Piercing Experience
These terms and conditions outline the rules and regulations for the use of Piercing Experience’s Website accessible at https://piercers.com/.
Piercing Experience is located at:30 Rue Noguier , Toulouse
Haute-Garonne – 31400, France
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Piercing Experience’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of France. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Minors or people below 18 years old are not allowed to use this Website.
Intellectual Property Rights
Other than the content you own, under these Terms, Piercing Experience and/or its licensors own all the intellectual property rights and materials contained in this Website. You may view and/or print pages from https://piercers.com/ for your own personal use subject to restrictions set in these terms and conditions.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Piercing Experience may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American
Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Piercing Experience’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Piercing Experience a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Piercing Experience reserves the right to remove any of Your Content from this Website at any time without notice.
This Website is provided “as is,” with all faults, and Piercing Experience express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall Piercing Experience, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Piercing Experience, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Piercing Experience from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Piercing Experience is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The Piercing Experience is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Piercing Experience and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with and subject to, prevailing law of France, and you submit to the non-exclusive jurisdiction of the courts located in France for the resolution of any disputes.
SciCan GmbH Terms and Conditions
1.1. All orders are exclusively carried out at our following Terms of Delivery and Payment. They shall also apply to all future business with our customers. Deviating agreements are only valid if they have been explicitly confirmed by us in writing. Terms of Purchasing to the contrary of the orderer shall not be recognised.
1.2. These terms and conditions shall also apply in case of sales based on a standard commercial clause, including the Incoterms which are valid at the time when the contract is concluded. The application of the standard laws governing the international purchase of movable objects is excluded.
2. Conclusion of contract
2.1. If the customer places an order, which is to be qualified as an offer according to § 145 BGB [German Civil Code] he shall be bound to said order for two weeks. A contract is concluded with the acceptance of this order by us. The acceptance can alternatively be carried out by an explicit order confirmation or by fulfilment.
3. Deliveries and services
3.1. Our offers are without obligation. The delivery dates are subject to the reservation that we are supplied by our respective suppliers ourselves in time and as per contract, also subject to unforeseeable circumstances and impediments, in particular force majeure, state measures, the non-granting of official permits, industrial disputes of all kinds, terrorism and sabotage. Such events extend the delivery date accordingly.
3.2. The right is reserved to make changes to the design and material with the same usability.
3.3. We are entitled to make reasonable partial deliveries and to invoice such partial deliveries.
4.1. Insofar as not otherwise agreed, the prices valid at the time of the order shall apply insofar as the delivery time is within 4 months. If the delivery time is more than 4 months, the prices, which are valid on the day of the delivery according to our price list, shall apply. Our prices are deemed ex warehouse, without transport, without value added tax, customs duties and without special packaging, however including the customary cardboard packaging.
4.2. For domestic business transactions the prices are deemed free German station of destination, without value added tax and without special packaging, however including the customary cardboard packaging. A shipping cost flat rate is charged in case of order values of less than €100.-.
4.3. In case of goods deliveries/orders and repairs on site delivery, assembly and repair, further travelling time, vehicle costs, waiting time, assembly time and the time spent at the location by our technicians and fitters shall be charged.
5.1. Our invoices are, insofar as not otherwise agreed in writing, payable to us within 30 days after the invoice date without any deduction. Cash discount can only be claimed if this was explicitly agreed and in a written form and all due claims have been settled.
5.2. In case of a late payment, interest on default shall be charged at a rate of 2 % above the base lending rate plus value added tax. It is to be estimated higher or lower if we prove a higher or the customer a lower burden.
6. Delay in acceptance and inspection
6.1. If the customer is in default with the acceptance of the service offered to him by us or if he finally rejects the fulfilment we can refuse to fulfil the contract after a reminder and the setting of a reasonable final deadline and request damages, at least in the amount of a flat rate of 25 % of the order amount. The right is explicitly reserved to the alternative charging of the actually suffered damages. The customer reserves the right to prove that we did not suffer any damages or less damages than the flat rate. The customer has, insofar as he is a full merchant, to inspect the goods for completeness and compliance according to the invoice immediately after receipt. If defects are not reported immediately then the goods shall be deemed as properly delivered in full unless it concerns a defect, which was not recognisable during the examination
6.2. Insignificant defects, which do not impair the functional capability of the object of delivery shall not entitle the customer to refuse acceptance.
7. Ban on offsetting
7.1. Offsetting against our claims is principally excluded unless it concerns undisputed claims or claims which have been declared final and binding.
8. Shipment, passing of risk
8.1. The delivery shall have been deemed as carried out if the goods were placed on the customary dispatch route. The shipment is carried out at the risk of the recipient. We are at liberty to decide upon the type of shipment. The customer hereby declares his consent that the goods are sent directly to him by the manufacturer, if applicable. At the special request of the customer, transport insurance can be concluded at his expense.
9. Reservation of title
9.1. We reserve the property to all goods delivered by us until the payment of our total claims from the business relationship. This shall also apply if the price has been paid for certain goods deliveries described by the customer as the reserved property serves as collateral for our balance claim.
9.2. The processing of goods delivered by us, or which are still our property, is always carried out at our order, without any liabilities being established for us from such processing.
9.3. If goods owned by us are mixed, combined or connected with other objects the customer hereby now already assigns his property rights to the new object to us and shall keep the object in safekeeping on our behalf with the commercial care and attention. The customer may only sell the goods, which are our property, in regular business transactions insofar as he is not in default of payment.
9.4. The customer already assigns with the conclusion of the purchase contract or contract for work and services between him and us the claims against his buyer, to which he is entitled from the sale or any other invoice reason, to us with all secondary rights as a precautionary measure in the full amount, thus not only in the pro rata goods value.
9.5. The customer remains entitled to collect the claim as long as he is not in default of payment towards us.
9.6. If the value of the object, which serves as collateral for us, exceeds our total claim by more than 20 %, we are obliged to re-assignment at the request of the customer.
10. Planning, assembly, repair
10.1. Our liabilities from the order do not include the drawing up of plans concerning the practice equipment, the location and the connections of devices to the supply network. In particular our scope of services does not include building and installation work, associated with the practice equipment, such as the laying and connection of the water supply and discharge lines, the ventilation and electricity services as well as the monitoring and instruction of this work. We shall issue a separate invoice for such planning work, which goes beyond the order, insofar as a corresponding additional order has been placed.
11.1. We guarantee that the contractual product or the contractual service is not faulty at the time when the risk is passed and features all warranted and/or agreed properties. Only the buyer is entitled to warranty claims and these are non-transferrable. The warranty period shall begin with the day upon which the risk is passed or the day upon which the object is delivered and is twelve months.
11.2. Warranty claims are excluded if recognisable defects are not reported immediately, however by no later than 1 week after the delivery, in writing. Hidden defects are to be reported immediately, by no later than within one week after they are discovered, in writing.
11.3. Excluded from the warranty are defects and/or damages, which are a result of wear and customary tear due to the operation, in particular of parts such as sealing systems, gasket rings, rubber parts, connection elements, hoses, fuses, illuminants and similar parts.
11.4. In addition, warranty claims are excluded in case of improper use, operating errors, cleaning which is not carried out or faulty cleaning (contrary to the instructions), connection to unsuitable power sources, operation with the false kind of current, force majeure such as fire, stroke of lightning, damp, defects on the part of the customer etc., if interventions are carried out to the object of order without coordination, in particular repairs or products of third parties are used or installed or the occurred faults have been caused by the improper interventions, false or faulty programmes, software and/or processing data unless the customer proves that these circumstances were not the cause for the reported defects.
11.5. The warranty shall further cease to apply if the serial no., type designation or similar codes are removed or are made illegible, stipulated service and maintenance intervals were not adhered to and the defect is a result hereof.
11.6. In case of justified warranty claims we have, at our choice, the right to repair or make a substitute delivery. If the fault cannot be remedied or further attempts at subsequent improvement are deemed unreasonable for the customer he can request reversal of the purchase contract or reduction of the remuneration.
11.7. Irrespective thereof we hereby assign possible further guarantee and warranty promises of the manufacturers to the customer in full without personally assuming responsibility for these.
11.8. In case of used devices all warranty is excluded. This shall not apply to re-conditioned, quality-assured products, which are deemed equivalent to the newly produced objects. Warranty claims can be asserted for these within 6 months after the delivery. This shall however only apply if it has explicitly been agreed in writing that re-conditioned, quality-assured products are the object of contract.
11.9. Claims beyond the afore-mentioned regulation, also with regard to follow-up damages to defects, are excluded for all legal grounds insofar as the claim is not due to wilful intent or gross negligence or damages are asserted owing to culpable injury to life, the body or the health. If we deliver a new object or subsequently improve the delivered object owing to a request for the remedy of defects without the faulty condition of the object having been clearly determined this shall not be deemed an acknowledgement of the faulty condition of the object of contract.
12. Returns of objects
12.1. The return of delivered objects is only possible carriage paid with our written consent within 7 days after receipt. Only goods in as new (unused) condition with the original packaging can be credited. We reserve the right to charge a reasonable processing fee. The delivery note number, invoice number and date must be stated by the orderer.
12.2. Taking back of used devices The customer takes over the obligation to properly dispose of the delivered electrical or electronics device after termination of the use at his own costs according to the statutory regulations, in particular those of the ElktroG [Electrical Appliance Law]. The customer thus indemnifies SciCan GmbH from its obligations according to §10 Par.2 ElektroG (return obligation of the manufacturer) and thus associated claims of third parties. The customer has to oblige commercial third parties, to which he forwards the delivered electrical or electronics device, as per contract that the device shall be properly disposed of after the termination of the use at his own costs according to the statutory regulations, in particular those of the ElektroG and for the event of the renewed forwarding that a corresponding further obligation is imposed. If the customer fails to oblige third parties to which he forwards the delivered device, as per contract to assume the disposal obligation and to pass on the obligation then the customer undertakes to take the delivered device back after the termination of use at his costs and to properly dispose thereof according to the statutory regulations, in particular those of the ElektroG.
13.1.The customer declares that he agrees that the data produced through the business relationship are collected, processed and stored within the framework of the regulations of the Federal Data Protection Act.
13.2.German law shall apply exclusively to the legal relationship of the parties, insofar as permitted by law.
14 Place of performance and place of jurisdiction
14.1.The place of performance for both parties is Leutkirch. The exclusive place of jurisdiction for all current or future claims from the business relationship with full merchants including bills of exchange and cheque claims is Leutkirch. We can however all file an action at the registered seat of the orderer or any other court of jurisdiction.
14.2.The same place of jurisdiction applies if the customer does not have any general place of jurisdiction in the domestic country after conclusion of the contract, relocates his place of residence or customary place of abode from the domestic country or his place of residence or customary place of abode is not known at the time when the action is filed.
Re.3.0 / 17.07.2013