As of June 1, 2010 Governed by article L441-6 of the commercial code and in accordance with article L111-1 of the consumer code
Article 1: APPLICATIONS OF THE CONDITIONS
The online store of the MGAFFAIRES site was set up by the company MGAFFAIRES (SAS). The customer wishing to buy a product on the site assumes that he has read the general conditions of sale below before placing an order. The Buyer is defined below as being any natural or legal person, company, business, association, individuals using the signatory site and accepting these general conditions of sale. The general conditions of sale apply exclusively to all sales concluded by MGAFFAIRES both for its own account and for that of its principals. All other conditions are binding on the Seller only after written confirmation from him. In accordance with Article L-113-3 of the Consumer Code, the prices of all products sold are indicated on the site in euros, all taxes included. The prices of the items ordered are summarized for the buyer when finalizing the order and are given on a contractual basis.
The information given on the MGAFFAIRES site for catalogues, photographs, notes, etc. are an accurate representation of the products sold. If an item is sold in several colors, it is possible that a photograph in only one color will be displayed.
The mere fact of placing an order or accepting an offer from the Seller implies the unreserved acceptance of these general conditions of sale. These general conditions of sale may be modified at any time and without notice by MGAFFAIRES, the modifications then being applicable to all subsequent orders. MGAFFAIRES may be required to modify certain provisions of its general conditions of sale from time to time, so we imperatively advise the Buyer that they be reread before each validation of the order. The Buyer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten or electronic signature of this document, insofar as the Buyer wishes to order the products presented within the framework of the MGAFFAIRES online store. The Buyer is deemed to accept without reservation all the provisions provided for in these general conditions of sale.
Article 2: ORDERS
All the products offered on our site accompanied by an indication of their price are immediately available. Occasional and unpredictable unavailability after ordering may occur. In the event that this situation were to arise, MGAFFAIRES undertakes to inform its customer as soon as possible and to offer it a replacement product (see paragraph 2.2) or to accept a cancellation of the order if its customer so wish.
In the event of an estimate, the offer will remain valid for seven clear days unless otherwise stipulated on it. French is the only language offered for the conclusion of the order. We take the greatest care in putting essential information and characteristics on the products online, thanks in particular to the technical descriptions emanating from our various partner suppliers and the photographs illustrating the products. The information and photographs contained on the site are contractual between the buyer and MGAFFAIRES.
2-1: DESCRIPTION OF PRODUCTS
The essential characteristics of the products are indicated in the product sheet, generally containing a photograph of the product and indicating its particularities. The photographs illustrating, in support of the texts and detailed sheets, the products enter into the contractual field.
Our suppliers may change the technical composition of the products without notice. MGAFFAIRES is at any time entitled to update, improve its technical data sheets or withdraw its products and/or peripheral products from sale.
2-2: AVAILABILITY OF PRODUCTS
In case of unavailability of a product ordered, MGAFFAIRES can provide a product of equivalent quality and price. We undertake to inform you by e-mail within eight clear days and to indicate a waiting period for receipt of this product in the event of availability after placing your order. In the event of partial unavailability of the products, MGAFFAIRES may be required to split the order. Thus the available products can be sent when all the other products are available. In case of unavailability of a product ordered, in particular because of our suppliers, the Buyer will be informed as soon as possible and will have the possibility of canceling his order. The Buyer will then have the choice of requesting reimbursement of the sums paid within 30 days at the latest of their payment, by check, or of waiting for the availability and delivery of the products.
2-3: STEPS TO CONCLUDE THE ORDER
Before finalizing his order on the MGAFFAIRES website, the buyer is informed of the details of his order and its total price (delivery costs included). At this stage you have the opportunity to correct any errors before confirming the order. You will only be able to finalize this one if you accept the general conditions of sale. After choosing the method of payment you will be able to validate your order, you will be directed to a form specifying the information relating to the delivery. Your order will only be definitively registered after information of the various information and final validation. When you register the order, the sale is deemed concluded. The validation of the Buyer under the order constitutes a reliable process of confirmation of the purchase.
MGAFFAIRES reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order.
2-4: CANCELLATION OF THE ORDER
The order placed on our MGAFFAIRES site is automatically canceled if payment is not received within 8 clear days. From the moment the Buyer has validated his order, he is considered to have knowingly accepted and acceptance without restriction or reservation of these general conditions of sale: The prices, volumes and quantities of the products offered at the sale and ordered. The Buyer's order must be confirmed by MGAFFAIRES by sending an e-mail. The sale will not be considered final after the sending of this confirmation email and receipt of the full price. MGAFFAIRES recommends that the Buyer keep this information in a paper or electronic document.
Article 3: PRICE
The prices appearing on the MGAFFAIRES website are indicated in euros ( € ), excluding delivery costs and any technical costs which will be indicated before the validation of the order. The prices appearing on your order after its validation and registration are firm and final. If the prices drop after your order, we will not be able to compensate you for the difference. If prices increase, we undertake to deliver to you at the price set on the day of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. The collection of the entire amount of the order will be made at the time of validation of the order or in the event of payment by check or transfer, upon receipt.
Article 4: DELIVERY
The products are delivered to the address indicated by the Buyer when ordering. He must verify the completeness and conformity of the information he has provided. The products are delivered only to the geographical areas that we serve.
We are committed to delivering to our customers within a maximum of 7 days. We would like to reiterate this commitment to the legislation in force. Our delivery times are generally 24 to 48 hours once the order has been validated. A delay in delivery cannot under any circumstances give rise to any compensation or penalty whatsoever. We invite you to notify us of any delay in delivery so that we can start an investigation with the carrier. Investigation times can vary from one to three weeks, depending on the carrier. If during the investigation period, the package is found, it will be sent immediately to your place of delivery. During this period of investigation, no refund, credit note or return of replacement goods can be made without a request by registered letter with acknowledgment of receipt. By express agreement, a case of force majeure preventing delivery cannot be attributed to MGAFFAIRES. LOCK-OUTS, strikes, total or partial work stoppages at MGAFFAIRES or at its suppliers or service providers, epidemic, war, requisition, fire, flood, interruption or delay are considered as cases of force majeure or exceptional events by law. in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, etc. the Seller is released from all liability upon delivery. The seller will keep the Buyer informed in a timely manner of the cases and events listed above. In all cases, delivery on time can only take place if the Buyer is up to date with his obligations to the Seller, whatever the cause.
Article 5: TRANSPORT
Unless expressly agreed otherwise, MGAFFAIRES freely chooses the carrier. MGAFFAIRES bears the risks associated with transport until delivery, that is to say until the physical delivery of the goods to the recipient. All products leave our premises in perfect condition. As in any expedition, it is possible that the product is damaged during transport. If a product arrives in poor condition, a new identical product will then be sent to you free of charge, upon return of the damaged product to our premises. The shipping costs for the return of the product will be reimbursed to you provided that the buyer makes the return by the carrier La Poste.
The refund of any product declared, a posteriori, damaged during transport cannot be supported.
Although our responsibility for delivery vis-à-vis the buyer is engaged until receipt of the package, we ask our customers to check the condition of the packaging and the goods upon receipt in the presence of the carrier and to indicate, if necessary, in writing on the transport voucher or consignment note, the reservations observed (packaging and/or damaged product, etc.).
In the event of loss or damage, you must issue precise and detailed written reservations on the carrier's travel voucher or consignment note in the presence of the carrier or its employee (Reservations of the style "subject to unpacking control" n 'on no value).
We ask our customers and we strongly recommend them to refuse delivery if the package or the goods are damaged, missing or if the package has been opened or repackaged.
If the scenarios mentioned above were to arise, we invite you to contact us via the contact page of our site as soon as possible so that we can draw the appropriate conclusions.
For any question or difficulty you may encounter, we invite you to contact us via our contact/information page.
Article 6: COMPLAINTS, GUARANTEES, RETURNS
For any complaint, we invite you to contact us by going to the contact/information page of our site. All claims relating to a defect in the goods delivered, an inaccuracy in the quantities or their erroneous references in relation to the accepted offer or the confirmation of the order by the Seller, must be made to the Seller by registered mail with acknowledgment of receipt. within 2 years from receipt of the goods (the carrier's slip dated and signed as proof), without neglecting, if necessary, the procedure detailed in article 5 of these general conditions of sale concerning any damage caused by the carrier.
Any return of goods (excluding the right of withdrawal), requires the prior agreement of MGAFFAIRES which can be obtained via the contact/information page, in the absence of a return agreement, the goods will be returned to you, at your expense, risk and peril. , all transport, storage and handling costs being at your expense. The Buyer has, after obtaining the return agreement, a reasonable period of time to return the defective goods to MGAFFAIRES or directly to the manufacturer of the products concerned. The goods must be returned imperatively with a copy of the invoice. All defective products must be returned in their original packaging, include all of the product and its accessories accompanied by all the documents, warranty card (if applicable), notices, etc. Any incomplete, damaged, damaged product and/or the original packaging will have been damaged, will not be taken back, exchanged or refunded.
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978 pursuant to Article 35 of Law 78-23 of January 10, 1978 relating to the fight against abusive clauses on the protection and information of consumers of products and services the provisions hereof cannot deprive the Buyer of the legal guarantee which obliges the Seller to guarantee him against the consequences of latent defects of the thing sold. The Buyer is expressly informed that MGAFFAIRES is not the producer of the products presented within the framework of its site, within the meaning of Law L98-389 of May 19, 1998 and relating to liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the manufacturer of the latter may be sought by the Buyer. The goods that we market as a reseller follow the manufacturer's warranty system that we undertake to respect after the latter's agreement. The fact of a complaint in no way releases the Buyer from his obligations to pay the invoice within the agreed deadlines. Reimbursement or any credits are established upon receipt of the goods for which the dispute has been duly noted and accepted by MGAFFAIRES. The costs incurred for the return of goods under warranty are the responsibility of our brand. No simple return (out of warranty) postage due will be accepted.
It should be noted that the contractual guarantees do not cover:
- abnormal or non-compliant use of the products. This is a use different from that specified in the instructions for use of the products;
- defects and their consequences related to use not conforming to the use for which the product is intended;
- defects and their consequences related to any external cause
Les produits proposés par MGAFFAIRES are subject to the application of the legal guarantees of conformity (articles L.217-4 to L.217-14 of the Consumer Code) and of hidden defects (articles 1641 to 1649 of the Civil Code).
For its implementation, the Buyer must contact MGAFFAIRES by email at email@example.com or by registered mail with acknowledgment of receipt at the address: Mas de Planeyssard, 38190 Laval.
It is recalled that within the framework of the legal guarantee of conformity, the consumer:
- benefits from a period of two years from the delivery of the goods to act vis-à-vis its seller;
- can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the consumer code;
- is exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good (this period is six months for second-hand products
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover your property. It is recalled that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Article 7: FACULTY OF WITHDRAWAL, RESERVED FOR INDIVIDUALS
Under the conditions provided for in Article L.221-18 and in the context of distance selling, the Buyer has a withdrawal period of fourteen clear days, without having to justify his decision or bear other costs than those provided for in Articles L.221-23 to L.221-25.
The period mentioned runs from the transmission by the consumer of his wish to withdraw and may be deferred until receipt of the goods without having to justify any reason.
This period is from the acceptance of the offer for the provision of services.
When the fourteen-day period expires on a Saturday, Sunday or a holiday or non-working day, it is extended until the next working day.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of lots or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece.
The Buyer must return the goods in their original condition and packaging (tags attached, packaging not damaged, notices present).
It should be noted that the right of withdrawal can in no case be exercised for the goods mentioned in article L221-28 of the consumer code, in particular:
- §3° Supply of goods made to the consumer's specifications or clearly personalized;
- §4° Supply of goods likely to deteriorate or expire rapidly;
- §5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- §6° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
- Safety type items meeting the PPE standard, in particular climbing, canyoning and via ferrata equipment (ropes, quickdraws, lanyards, harnesses, carabiners, helmets, belay devices, descenders, ascenders, chockers, pulleys, straps …);
- Les produits électroniques et les produits composés de batterie(s): ces produits contiennent des élements qui sont susceptibles de se tétériorer et de se périmer rapidement, voir §4 de l'article L221-28 du code de la consommation
These include technological equipment (GPS, heart rate monitor watches, cameras) and all the products offered in the "heating equipment" category of the store.;
- Clothing of the underwear type (clothing in contact with the skin): gloves, mittens, caps, balaclavas, socks, tights, swimsuits, ...
The return of the goods is carried out at the expense, risk and peril of the Buyer.
This right of withdrawal is exercised without penalty, with the exception of return costs, as indicated above.
In accordance with article L221-24, when the right of withdrawal is exercised, MGAFFAIRES reimburses the buyer for all sums paid, including delivery costs, within a period of fourteen days at the latest from the date to which he is informed of the consumer's decision to withdraw.
The refund is made by the same means of payment as that used by the buyer when ordering the subject of the withdrawal.
In the case of the use of certain types of bank card (e-Carte Bleue, Maestro, Paylib) where reimbursement is technically impossible, another means of payment will be used in agreement with the consumer.
No right of withdrawal can give right to any compensation or penalty whatsoever. The right of withdrawal is exclusively reserved for individuals, it can in no way apply to a professional or to a holder of a SIREN Number, in accordance with the law in force.
In accordance with article L.221-5, the consumer will find below a standard withdrawal form.
Please complete and return this form by registered mail with acknowledgment of receipt:
To send to:
Mas de Planeyssard
I, the undersigned:
First name :
Email address :
Hereby notifies you of your right of withdrawal for order No.:
Products concerned by the order:
Signature of the consumer:
Article 8: RETENTION OF OWNERSHIP
Pursuant to Law No. 80-335 of May 12, 1980 relating to the effects of retention of title clauses in sales contracts, the goods that will be delivered and invoiced to the Buyer will remain the property of MGAFFAIRES until full payment has been made. of their price. Failure to pay may result in the claim of the goods by MGAFFAIRES, the restitution being immediate and the goods delivered at the Buyer's expense, risk and peril. During the period from delivery to transfer of ownership, the risk of loss, theft or destruction, as well as any damage that the Buyer may cause remain at his expense. The Buyer undertakes, in the event of a receivership procedure affecting his company, to actively participate in the establishment of an inventory of the goods in his stocks and of which the Seller claims ownership. Failing this, the Seller will have the option of having the inventory recorded by a bailiff at the Buyer's expense. The seller may prohibit the Buyer from reselling, processing or incorporating the goods in the event of late payment. If the goods are sold in the meantime, it is up to the Buyer to transfer the debt to us and if settlements on these debts are made, they must be sent to us with receipts. To guarantee payments not yet made and in particular the balance of the account of the Buyer in the writings of the seller, it is expressly stipulated that the right relating to the goods delivered but unpaid will refer to the identical goods from the Seller in stock at the 'Buyer, without the need to allocate payments to a specific sale or delivery.
Article 9: CANCELLATION CLAUSE
In the event of non-compliance with one of the Buyer's obligations by the latter, the sale may be automatically terminated and the goods returned to the Seller if it sees fit, without prejudice to any damages that the Seller may enforce against the Buyer, within 48 hours after the formal notice has remained without effect. In this case, the Seller is authorized to claim from the Buyer a lump sum compensation of 10% of the amount of the sale.
Article 10: PAYMENT
Any payment paid to MGAFFAIRES cannot be considered as a deposit or a deposit.
10.1: PAYMENT METHODS
Payments must be made in such a way that the Seller can dispose of the sums on the due date appearing on the invoice. Payment is made, unless otherwise stipulated on the MGAFFAIRES website or granted to companies after study of their file, when ordering:
- By bank card (secure E-transactions system of Crédit Agricole)
- By check (issued by a bank domiciled in mainland France). The check must be sent to the order of MGAFFAIRES SAS, to the following head office address:
Mas de Planeyssard
It must be accompanied by a copy of the email acknowledging receipt of your order. The check must be in the name of the person who placed the order. Failing this, he must mention the order number and the customer number on the back of the check. It will be cashed upon receipt. Your order will be processed from the date of receipt.
- By bank transfer, to the details given to you. The costs are borne by the Buyer. MGAFFAIRES reserves the right to ask you for a cashier's check in the event that the sums involved are significant. In the event that the Seller accepts payment by draft, the Buyer must return it accepted and domiciled within eight clear days. The costs are the responsibility of the Buyer, in the absence of return of the accepted draft within the period mentioned, the payment will become immediately due.
10.2: LATE PAYMENT (for professionals)
Any payment after the fixed payment date may give rise to the invoicing of penalties. The amount of these penalties will be equivalent to the legal interest rate applied by the European Central Bank (ECB) to its most recent refinancing operation plus 10 points. For 2010, the legal interest rate being set at 0.65% (*), the calculation is as follows: 0.65% + 10 u003d 10.65%. Penalties are payable without any reminder being necessary. They run automatically from the day following the date of payment shown on the invoice or, failing that, the thirty-first day following the date of receipt of the goods or the performance of the service. The legal interest rate will also be used with an increase of 5 points (i.e. 5.65% in 2010) for interest owed by a person condemned by a court decision and which has not been executed within a period of two months. The Buyer may never, on the grounds of a complaint made by him, withhold all or part of the sums owed by him, nor operate compensation. When the Buyer is in arrears with total or partial payment of a due date, the Seller may, for this sole reason and without the need for prior formal notice, immediately suspend deliveries, without the The Buyer cannot claim damages from the Seller. In the event of litigation, the seller is entitled to claim reimbursement from the Buyer for costs of any kind related to the prosecution. (*) Decree No. 2010-127 of February 10, 2010 fixing the legal interest rate for the year 2010
10.3: SUPPORTING DOCUMENTS
For reasons of fraud limitations, MGAFFAIRES reserves the right to accept an order to ask you to justify your identity and place of residence, and the means of payment used. In this case, your order will be processed upon receipt of these documents. We reserve the right to cancel your order in the absence of receipt of these supporting documents or receipt of supporting documents deemed non-compliant.
Article 11: WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (EEE)
For equipment excluded from the scope of Decree No. 2005-829 of July 20, 2005 relating to the composition of electrical and electronic equipment and the disposal of waste from this equipment and in accordance with Article L541-2 Code of the environment, it is up to the holder of the waste to ensure its elimination or to have it ensured. For the equipment concerned by the said decree, and in accordance with article 18 of decree 2005-829, the organization and financing of the removal and treatment of EEE waste, the subject of this sales contract, are transferred to the Buyer. who accept them. The Buyer ensures the collection of the equipment, its treatment and its recovery in accordance with article 21 of the said decree. The aforementioned obligations must be transmitted by successive purchasers to the end user of the EEE. Failure by the Buyer to comply with the obligations thus put in place for him may result in the application of the criminal penalties provided for by article 25 of decree 2005-829 against him.
Article 12: INTELLECTUAL PROPERTY
All the elements of the MGAFFAIRES site, whether visual or sound, the texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents. They are the exclusive property of MGAFFAIRES. Any copy, adaptation, translation, representation or modification of all or part of the site is strictly prohibited without the prior written consent of MGAFFAIRES. Any reproduction, even partial, of the elements of the MGAFFAIRES site without our written consent is prohibited, in accordance with law n ° 57-298 of March 11, 1957 on literary and artistic property and modified by LAW n ° 2009- 669 of June 12, 2009 - art. 21 of the Intellectual Property Code. Except in the cases provided for by article L122-5 of the said code and would constitute an infringement punishable by the Penal Code.
Article 13: COMPUTERS, FREEDOMS AND PROTECTION OF PERSONAL DATA
The information requested by MGAFFAIRES is necessary for the management of the Buyer's order (processing and delivery of orders, establishment of invoices) and may be communicated to the contractual partner suppliers of MGAFFAIRES involved in the execution of this order. Through us, without this being voluntary, you may receive commercial offers from other partner companies. If you do not wish to receive them, simply contact us on our contact page, to oppose such communication, or to exercise your rights with regard to the information concerning you and appearing in the files of MGAFFAIRES. Pursuant to Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, consolidated version of May 14, 2009, you have opposition rights (article 26), access rights (articles 34 to 38) and rights of rectification (article 36) of data concerning you. Thus, you can demand that information concerning you be rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or storage is prohibited. If you wish to exercise this right, simply write to us on our contact page.
MGAFFAIRES undertakes to respect the privacy of the customer.
MGAFFAIRES ensures the confidentiality and security of the data transmitted by the buyer in accordance with the requirements of the general regulation n ° 2016/679 for the protection of data ("RGPD") of April 27, 2016.
The Buyer may at any time have:
- the right to access all of their personal data being processed;
- the right to request rectification;
- the right to request its erasure;
- the right to request its limitation;
- the right to object at any time to the processing of their personal data for prospecting purposes and/or for statistical purposes;
- the right to define directives relating to the storage, erasure and communication of his personal data after his death;
- the right to lodge a complaint with the National Commission for Computing and Liberties
Article 14: COMPUTER PROBLEMS
The buyer knows the characteristics of the Internet computer network and in particular the possibility of connection interruption, server failures, electrical or other problems (the list is not exhaustive). MGAFFAIRES cannot be held responsible for the consequences of such events and will be released from any obligation towards the Buyer. No complaint can give right to any indemnity or penalty whatsoever.
Article 15: PARTIAL NON-VALIDATION
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, decree, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 16: APPLICABLE LAW
These general conditions of sale are subject to French law. The application of the Vienna Convention on the international sale of goods is expressly excluded. The registers and computerized files of MGAFFAIRES will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless there is proof to the contrary. All differences relating to the formation, execution and termination of contractual obligations between the parties that cannot give rise to an amicable settlement will be submitted to the French courts. The fact that MGAFFAIRES does not avail itself at a given time of one of the clauses of these general conditions of sale, cannot be considered as a denunciation to avail itself later of these same clauses.
In the event of litigation between MGAFFAIRES and the consumer, both parties may resort to mediation to facilitate the amicable resolution of the dispute.