General Terms of Sale
- In these general terms of sale (hereafter referred to as the GTS) the following expressions will be understood as having the meanings attributed to them hereafter:
"The Vendor" or "the Website": MAC CARTON located at 176 avenue Charles de Gaulle 92200 Neuilly sur Seine France.
"The Purchaser": any person purchasing from the website pointing to the address www.maccarton.fr, hereafter referred to as "the Client" and referred to collectively as "the Parties".
- The Surfer hereby declares that he is of legal age or the holder of a parental authorisation and possesses the legal capacity to enter into contractual agreements, enabling him to make a purchase on the Website. The Parties agree that their relationship will be governed exclusively by these GTS. These GTS take precedence over all purchasing conditions contradicting them, in whole or in part. These conditions may be subject to modifications. In such cases, it is hereby understood that the applicable conditions are those in force on the Website at the time the order is placed on the Website.
The invalidation of a contractual clause will not result in the invalidation of the GTS.
The temporary or permanent non-application of one or several clauses of these GTS by the professional vendor may not be interpreted as a renunciation on his part of the other clauses of the GTS, which will continue to produce their effects.
All orders placed or purchases made on the Website imply full and unreserved acceptance of these GTS by the Client.
These GTS apply to all products sold by the Vendor on the Website.
The prices shown on the Website are displayed in euros inclusive of all taxes (VAT and other taxes applicable on the order date in metropolitan France, Corsica, the French overseas departments, member states of the European Union, Monaco, Switzerland, Luxembourg, Andorra, Liechtenstein, United Kingdom, Jersey, Guernesey, Island, Norway and Israël) unless stated otherwise and exclude processing and carriage costs.
All orders are payable in euros, regardless of their origin.
The Vendor reserves the right to modify its prices at any time, but the product will be invoiced based on the price list applicable at the time the order is confirmed, subject to availability.
Order processing, transport and delivery costs may be charged in addition to the stated prices.
The transport price will automatically be calculated and updated according to the transport method for the item and the delivery location selected, and will be shown in the Client's shopping cart.
The Client may place orders directly on the MAC CARTON website.
Only orders placed for delivery to metropolitan France, Corsica, the French overseas departments and member states of the European Union may be processed.
Please contact us for all other destinations.
The contractual information is presented in French and will be subject to confirmation at latest at the time the order is confirmed.
The Vendor reserves the right not to accept a payment and not to confirm an order for any reason, particularly in the case of supply problems or difficulties concerning the order received.
4 - Order confirmation
Any order confirmation entails full and unreserved acceptance of these GTS by the Client, without exception.
All information supplied by the client and the recorded confirmation will be considered as constituting proof of the transaction.
The order confirmation constitutes the signature and acceptance of the transactions performed.
A summary of the order information and of these General Conditions will be supplied to the Client in PDF form via the email address used to confirm his order.
Pursuant to the provisions of the French Consumer Code concerning the conclusion of online contracts, the contract will be considered as concluded when the Client has clicked on the button enabling him to confirm his order after having viewed details of it, including its total price, and after having had the possibility to correct any possible errors.
The Client may pay for his purchases by bank card (Visa, Carte Bleue, Mastercard) or by Paypal.
When the client confirms his order this creates an obligation to pay the stated price.
Payments by bank card will be performed via the 3D Secure system which uses the SSL protocol (Secure Socket Layer) with the result being that the transmitted information is encrypted by software and that no third party may obtain knowledge of it as it transits via the network.
Pursuant to the provisions of article L.221-18 of the French Consumer Code, the Client benefits from a withdrawal period (cooling-off period) of 14 calendar days as from the date on which the products are received to exercise his right of withdrawal without having to provide any grounds for this nor pay any penalties.
Returns must be made in their original and complete condition (packaging, accessories, instructions). Failing this, the Client will be considered liable. Any damage suffered by the product on this occasion may lead to the loss of the right of withdrawal.
The Client is free to choose the means by which his product is shipped and to take out insurance against the loss, theft or destruction of his parcel, or otherwise, as he sees fit. The Vendor will assume none of these costs other than the carriage costs, nor the transport costs and may not be considered liable for the non-reception of a parcel reshipped by the Client. More generally, all costs and risks related to Product returns will be assumed by the Client. The consumer must reship or return the products to the professional or to a person appointed by the latter without excessive delays, and at the latest within 14 days following notification of his decision to withdraw from the sale.
Should he decide to exercise his right of withdrawal, the Vendor will reimburse him for the sums paid within a period of 14 days following the notification of the Client's request, with the exception of return carriage costs, on the condition that the product has arrived safely on our premises.
To facilitate product returns and the processing of his request, the Client must contact the Vendor by email via the following link: www.maccarton.fr, using the "contact us" page.
You will find attached a template for the withdrawal form at the bottom of the document. You may use the withdrawal form template, although this is not obligatory.
The Vendor's products are proposed for as long as they are displayed on the Website, subject to available stock.
If it is found that product is not available after the Client has placed his order, the latter will be informed of this by email. The order will be automatically cancelled and the bank account will not be debited.
Delivery is considered as taking place at the time the consumer takes physical possession of or control of the merchandise.
A) Delivery dates/lead times
The delivery dates/lead times and the delivery costs for the order are shown in the shopping basket before the final confirmation of the transaction.
The delivery lead time begins the moment the order is processed by the Vendor's logistical department. All orders for a product in stock confirmed by the Vendor before 11 AM are processed and shipped within 72 hours.
In the event of late shipment, an email will be sent to the Client to inform him of any possible consequences concerning the delivery dates and lead times indicated to him.
The delivery lead times shown on the Website begin as from the date on which the products ordered by the Client leave the warehouse. The Client will be informed when his product has been shipped.
The delivery lead times provide the Client with an indication of the estimated delivery lead time in working days. If the maximum stated deadline is exceeded by (7) seven days, for any reason other than force majeure circumstances, the sale may be cancelled following a written request to this effect by the Client in accordance with the conditions mentioned in articles L 216-2 L216-3 and L241-4 of the French Consumer Code.
The sums paid by the Client will then be returned to him at the latest within the 14 days following the cancellation date of the contract, to the exclusion of any compensation or holdbacks.
In the case of delivery by a haulier, the Vendor may not be considered as liable for late or overdue delivery which is due exclusively to the non-availability of the Client after several appointments have been proposed.
B) Delivery methods
The products are only deliverable in metropolitan France, Corsica, the French overseas departments, member states of the European Union, Monaco, Switzerland, Luxembourg, Andorra, Liechtenstein, United Kingdom, Jersey, Guernesey, Island, Norway and Israël to the delivery address entered by the Client during the audit process. In the event of modifications to the delivery location, the Vendor reserves the possibility to invoice a surcharge.
For all other destinations, the Purchaser must contact the Vendor.
The hauliers are not required to deliver upstairs and will drop off the parcel in front of the Client's building or house. The Client is recommended to take into consideration the fact that the items may sometimes be heavy and to plan on having helpers available on the delivery date.
At the time of delivery, the Client is advised to check that the product has not been damaged during transportation. If the Client notes any anomaly or visible damage, the Client may either accept or refuse the product. In both cases, the Client may report any anomaly or damage on the haulier's delivery notes or by means of a registered letter sent to the haulier within three working days from the delivery date.
The Products proposed for sale comply with the applicable regulations in France and offer performance levels compatible with non-professional usage.
Pursuant to the applicable legal provisions, the products supplied by the Vendor are automatically covered by the following, at no extra cost,
- The legal guarantee of conformity, for Products which are visibly defective, spoiled or damaged, or which do not correspond to the order or the immediate purchase,
- The legal guarantee against hidden defects due to material, design or production faults affecting the delivered products, making them unfit for use in accordance with the conditions and details shown in the panel below.
The Parties are reminded that regarding the legal guarantee of conformity, the Client:
- Has a period of two years following the delivery date of the item to take action against the Vendor;
- May choose between the repair or replacement of the ordered Product, subject to the cost-related conditions mentioned in L 217-9 of the French Consumer Code;
- Is not required to provide proof of the existence of the conformity defect concerning the Product during the 24 months following the delivery of the Product, except for second-hand goods, for which the deadline is set at six months (art. 217-7 of the French consumer code)
The legal guarantee of conformity applies separately from any commercial warranty possibly applicable to the product.
The Client may decide to invoke the warranty against hidden defects pursuant to article 1641 of the French civil code; in this case he may choose between the cancellation of the sale or a price reduction, pursuant to article 1644 of the French civil code.
In order to avail himself of his rights, the Client must inform the Vendor in writing of the non-compliance of the products within the above-mentioned deadlines and return the defective Products or take them back to the store in the condition in which they were received along with all accompanying items (accessories, packaging, instructions, etc.).
The Vendor will either issue a refund for the Products or items covered by the warranty and considered as substandard or defective, or else replace them or have them repaired. Regarding delivery, a refund will be issued for the carriage costs based on the invoiced price and the return carriage costs will be refunded upon presentation of receipts.
Reimbursements for Products considered non-compliant or defective will be made as soon as possible and at the latest within "Number" days after the conformity issue or hidden defect has been confirmed by the Vendor.
The refund will be issued by crediting the Client's bank account or by sending a bank cheque to the Client.
The Vendor may not be considered liable in the following cases:
- A failure to comply with the legislation of the country to which the products are delivered, which it is the Client's responsibility to check,
- Incorrect use, usage for professional purposes, negligence or lack of maintenance on the part of the Client, or normal wear and tear affecting the Product, accidents or force majeure circumstances.
In all circumstances, the Vendor's warranty is limited to the replacement or reimbursement of the non-compliant Products or those affected by a defect.
10 - Applicable law –Language
It is expressly accepted between the parties that these General Terms of Sale and the operations arising from them are governed by and subject to French law.
These General Terms of Sale are drafted in French.
In the event that they are translated into one or several foreign languages: only the French text will be considered as applicable in the event of litigation
11 – Dispute resolution
All disputes arising from the purchasing and sales operations concluded in application of these general terms of sale concerning either their validity, interpretation, performance, termination or consequences and which could not or cannot be resolved amicably between the vendor and the client will be submitted to the courts with jurisdiction for the matter in accordance with common law.
The Client is informed that in all cases he may opt for voluntary mediation, including via the Commission de la médiation de la consommation (consumer code, art. L 612-1) or via existing sector-specific mediation bodies, or using any alternative dispute resolution method (conciliation for example) in the event of dispute arising. Furthermore, the European Commission operates and online dispute resolution platform.
12 - Intellectual property rights
All aspects of the Website are and will remain the exclusive intellectual property of the Vendor. No person or organisation is authorised to reproduce, exploit, rebroadcast, recirculate, or use in any form, even partially, any aspects of the website whether software-related, visual or sound-based. Any simple or hypertext link is strictly prohibited without the Vendor's express written consent.
The Vendor is the holder of all intellectual property rights covering the products sold to the Client under the "Mac Carton" brand.
14 - Personal data
The end purpose of the computerised processing of the personal data gathered is order management and the improvement of the services and information sent by the Vendor to the Clients.
The requested information is mandatory. Should you fail to reply, your order will not be processed.
Pursuant to the Informatique et Libertés law, (French data protection act) you have a right to access, rectify and (subject to the applicable legal provisions in this field) to delete the data concerning you, with the data controller being P. Groscot.
If you have accepted this beforehand, you may receive emails or text messages from maccarton.fr for marketing purposes, from which you may unsubscribe (for the emails) by clicking on the unsubscribe link shown at the bottom of each email and (for the text messages) by clicking on STOP in each text message received.
15 - Archiving – Proof
The Vendor will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy pursuant to the provisions of article 1379 of the French Civil Code.
The Vendor's computerised registers will be considered by all parties concerned as constituting proof of the communications, orders, payments and transactions occurring between the parties.
15 –Pre-contractual information
The Client acknowledges that prior to the immediate purchase or to the placing of his order and the conclusion of the contract, he has received communication in a clear and understandable manner of these GTS and of all the information listed in article L.221-5 of the French Consumer Code, including the following information:
- The essential characteristics of the Product,
- The price of the Products and related costs (delivery for example),
- In the absence of the immediate implementation of the contract, the date or deadline by which the Vendor agrees to deliver the Product,
- Information concerning the Vendor's identity, its postal, telephone and electronic contact details and its activities if these are not immediately clear from the context,
- Information concerning the legal and contractual guarantees and warranties and the means of invoking these,
- The digital content's functions and, where applicable, its interoperability,
- The possibility to opt for voluntary mediation in the event of a dispute.
The fact that a natural (or artificial) person makes an immediate purchase or orders a product implies full and unreserved acceptance of the GTS and the obligation to pay for the ordered products, which is expressly acknowledged by the Client, who, in particular, agrees not to avail himself of any contradictory document, which will be considered inapplicable to the Vendor.
Appendix 2 article R. 211-1
WITHDRAWAL FORM TEMPLATE
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of ___________________
I/we (*) hereby notify you (*) via this form of my/our (*) withdrawal from the contract concerning the sale of the item (*)/ for the provision of services (*) as mentioned below:
Ordered on (*)/ received on(*):
Name of the consumer(s): ___________________
Address of the consumer(s): ___________________
Signature of the consumer(s) (only if this form is submitted in paper form): ___________________