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The general conditions of sale (hereinafter the "General Conditions") to any purchase of a natural person (hereinafter the "CLIENT") from MCD SARL in the commercial and companies register of Marseille under the number 832 421 861, having its registered office at 132 avenue du Prado 13008 Marseille, France Tel: 09 50 96 7000- Email: email@example.com (hereinafter the "SELLER").
IMPORTANT: Any order placed on the site or the customer necessarily implies the unconditional acceptance of the CLIENT of these terms and conditions of sale.
Article 1. DEFINITIONS
The following working conditions, in these General Conditions, the following meaning:
« CLIENT » :
Designated the contractual partner of the SELLER, who has the quality of a consumer as defined by French law and jurisprudence. This title, it is said that this CLIENT acts outside any usual or commercial activity.
« DELIVERY » :
Designate the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated during the order.
« PRODUITS » :
Designate all products available on the site.
« TERRITOIRE » :
Refers to Metropolitan FRANCE (excluding DOM / TOM).
The General Conditions govern the sale by the SELLER to his CLIENTS of the PRODUCTS. The CLIENT is specified and acknowledged that the SITE is intended for consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions.
ACCEPTANCES OF THE GENERAL CONDITIONS
The CUSTOMER agrees to read these General Conditions carefully and accept them, before proceeding to the payment of an order of PRODUCTS passed on the SITE. These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy. The SELLER advises the CUSTOMER to read the General Conditions with each new order, the last version of the said Conditions applying to any new order of PRODUCTS. By clicking on the first button to place the order and then on the second to confirm the said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
CHARACTERISTIC OF THE PRODUCTS
The seller undertakes to present the essential characteristics of the products at the express request of the customer and the mandatory information that the CUSTOMER must receive under the applicable law (in these Terms and Conditions). The customer undertakes to read this information carefully before placing an order. Unless otherwise expressly stated, all the products sold by the seller are new and comply with the European legislation in force and the standards applicable in France.
DATE OF THE ORDER
The date of the order is the date on which the SELLER acknowledges receipt of the deposit indicated on the invoice. The indicated deadlines do not begin to run until this date.
For all PRODUCTS, the prices displayed in euros are inclusive of all taxes Prices include in particular the value added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. Vendor prices of the SELLER are subject to change. As a result, the prices quoted may change. They can also be modified in case of offers or special sales.
DELAY OR REFUSAL OF PAYMENT
If the bank refuses to debit a card or other means of payment, the customer must contact the seller to pay the order by any other means of payment. In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the flow of money due by the customers' would not be possible, the order will be canceled and the sale automatically terminated.
Proof and archiving
Any contract concluded with the customer corresponding to an order of an amount exceeding 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code. The SELLER agrees to archive this information in order to monitor the transactions and produce a copy of the contract at the customer's request. In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
Transfer and ownership
The SELLER remains the owner of the delivered products until their complete payment by the customer. The above provisions do not prevent the transfer to the customer, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the products subject to the reservation. ownership, as well as the risk of damage they may cause.ç
GUARANTEE OF COMPLIANCE
Article L.211-4 of the Consumer Code: "The seller is obliged to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. " Article L.211-5 of the Consumer Code: To be in conformity with the contract, the property must:
1 Be fit for the usual use of a similar good and, where appropriate: Correspond to the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model.
Present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling. 2 Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted. The SELLER is required to deliver a compliant PRODUCT that is to say fit for the expected use of a similar good and corresponding to the description given. This compliance also assumes that the PRODUCT has the qualities that a buyer can legitimately expect given the public statements made by the SELLER, including in advertising and labeling. In this context, the SELLER is liable to respond to existing defects of conformity during the delivery and the lack of conformity resulting from the packaging, the assembly instructions or the installation when it was put in his charge or was carried out under his responsibility. The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the Consumer Code) In case of lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is manifestly disproportionate compared to the other possible option, given the value of the PRODUCT or the size of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer.
The responsibility of the SELLER shall in no case be engaged in case of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, including the seizure of his order. The SELLER can not be held responsible for, or considered as having failed in the present, for any delay or non-performance, when the cause of the delay or the non-performance is linked to a case of force majeure as it is defined by the jurisprudence French courts and tribunals. It is also specified that the SELLER does not control the websites that are directly or indirectly related. Consequently, it excludes any liability for the information published therein. Links to third party websites are provided for informational purposes only and no warranty is provided as to their content.
The SELLER collects on the SITE personal data concerning his Customers, including cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser. The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze the orders and, if the CUSTOMER has chosen this option, send him commercial prospecting letters, newsletters, offers promotional and / or special sales information, unless the CLIENT no longer wishes to receive such communications from the SELLER. The CLIENT's data are kept confidential by the SELLER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer to his business partners the names and contact details of his CLIENTS, provided that they have given their prior consent when registering on the SITE. The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER. The SELLER may also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners. In accordance with the law n ° 78-17 of January 6th, 1978 relative to the data processing with the files and the freedoms, the CUSTOMER benefits from a right of access, rectification, opposition (for legitimate motives) and suppression of his personal data. He can exercise this right by sending an e-mail to the following address: firstname.lastname@example.org or by sending a letter to 42 QUAI DE JEMMAPES 75010 PARIS. It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
The SELLER makes available to the CLIENT a "Customer Telephone Service" at the following number: 09 50 96 7000 Any complaint written by the CLIENT must be sent to the following address: 132 avenue du Prado 13008 Marseille.
Validity of the general conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions can not affect the validity of these General Conditions. Such modification or decision does not authorize the CUSTOMERS to disregard the present General Conditions. Any conditions not expressly dealt with herein shall be governed by the use of the retail trade sector, for companies whose head office is in France.
MODIFICATION OF THE GENERAL CONDITIONS
These Terms and Conditions apply to all purchases made. The General Terms and Conditions are accurately dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order. Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Jurisdiction and applicable law
These Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by French law. In case of dispute, only the French courts will be competent. However, prior to any recourse to the arbitration judge or state, will be privileged bargaining in a spirit of loyalty and good faith in order to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity. The party wishing to implement the negotiation process will have to inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict.If after a period of fifteen (15) days, the parties could not reach to be agreed, the dispute shall be submitted to the competent court designated below. Throughout the entire negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict that is the subject of the negotiation. Exceptionally, the parties are entitled to appeal to the court of summary proceedings or to request the issuance of an order on request. A possible action before the court of interim relief or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable settlement clause, unless otherwise expressly agreed.
DELIVERY & SHIPPING
During the ordering process, the seller informs the customer of the possible delivery times and formulas for the products purchased. Shipping costs are calculated based on the delivery method. The amount of these costs will be due by the customer in addition to the price of the purchased products. The details of delivery times and charges are detailed on the SITE.
TERMS OF DELIVERY
The parcel will be given to the client against signature and on presentation of an identity document. In case of absence, a notice will be left to the customer, to allow him to pick up his package in his post office
The customer is informed of the delivery date when he chooses the carrier, at the end of the ordering process online, before confirming the order. It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the customer must give notice to the seller to deliver within a reasonable time and in case of non-delivery within this period, he may terminate the contract. The seller will refund, without undue delay upon receipt of the cancellation letter, the customer the total amount paid for the products, including taxes and delivery charges, using the same method of payment used by the customer to purchase products. The seller is responsible until the delivery of the PRODUCT to the customer. It is reminded that the customer has a period of three (3) days to notify the carrier of any damage or partial loss found during delivery.
CONDITIONS GENERALES DE VENTES