Conditions of Use
General terms of sale
PREAMBLE
The offer of this electronic shop is proposed by the company Magade Interior Design. The shop mentions following information:• Identification of the company: Magade Interior Design
9, rue de l' église
67000
Strasbourg
France
N°SIRET : 387 828 874 00025
Tel : (+33) 03 88 15 90 90
Fax : (+33) 03 88 15 90 91
E mail : info@magadeinteriordesign.com
• Presentation of the essential characteristics of the goods and proposed services. Indication of the total price to pay goods and proposed services in Euros, All Inclusive of tax for the countries of the European Union. For the countries out of the European Union, the prices are indicated Net of tax. The prices indicated do not include/understand the share in the expenses of port.
• Indication of the execution or delivery, modes of payment.
• Existence of a right of retractation.
• Period of validity of the offer and the price. All the contained informations in the site www.magadeinteriordesign.com (Ci after indicated the Site) are in French language. The customer has nevertheless the possibility of choosing another version of presentation of the shop and the catalog in English language, Spanish, German, Italian, Arab, Russian, Chinese. The customer admits having, before the placing of the order, taken knowledge of the whole of above mentioned information and the general terms of sale. The customer, before the ordering of the product, declares that the acquisition of the known as product is without direct relationship with its community activity, their acquisition being reserved for a personal use of his share. As a consumer, the customer thus has specific rights, which would be called into question on the assumption that the products acquired within the framework of electronic shop would have actually a relationship with its community activity. He states moreover to have legal capacity to engage under the present general terms.
1-OBJECT
The present general terms of sale have the aim of defining the rights and obligations of the parts within the framework of a remote sale of goods proposed in the present electronic shop by Magade Interior Design.
2-COVER OF the OFFER
The geographical area of cover of the offer of the shop Magade Interior Design is the following one:
France
Europe
South Africa, Andorra, Saudi Arabia, Australia, the Bahamas, Cameroun, Canada, China, South Korea, Ivory Coast, Egypt, United Arab Emirates, the United States, Guadeloupe, French Guiana, Hong Kong, Hungary, Indonesia, Iceland, Israel, Japan, Jordan, Kuwait, Lebanon, Liechtenstein, Morocco, Martinique, Mexico, Norway, New Caledonia, New Zealand, Poland, Czech Republic, Reunion, Russia, Holy Barthelemy, Holy Martin, Senegal, Singapore, Slovakia, Switzerland, Tahiti, Taiwan, Thailand, Turkey, Venezuela.
3-DOCUMENTS CONTRACTUAL
This contract is formed, by legal decreasing order of authenticity, of the following documents: the present general terms of purchase order
sluice valve
the photographs illustrating the products on the Site do not enter the contractual field. So errors or deteriorations resulting from the treatment of these photographs were introduced there, the responsibility for Magade Interior Design will not be able, to in no case to be committed of this fact.
4-CATCH OF ORDER
Purchase order signed of the click of validation an irrevocable engagement of the customer constitutes who can be called into question only in the cases limitativement envisaged in this Right contract at the articles “of retractation” and “Execution of the order”.
5-CONFIRMATION OF ORDER
The contract signature will intervene only at the time of the confirmation of order by Magade Interior Design. The customer will receive by fax, mail or email an acknowledgment of delivery carrying confirmation of order with all the components of the contract (produced ordered, price, delivery periods, forwarding costs,…)Magade Interior Design reserves the possibility of not confirming an order for some reason that it either, holding in particular or with a problem of procurement of products, or with a problem relating to the received order.
6-DURATION OF the OFFER
The offers contained in this site are valid as long as the products which are referred to it remain in line and until exhaustion of stocks.
PRICE - INVOICE
The prices are expressed in Euros. The amounts expressed in dollars or in other currencies are provided only as an indication. The exact sum will be function of the currency or exchange value of the dollar concerned at the time of the payment. The price guaranteed to the purchaser is that posted on the Site at the time of the purchase. The fixed price at the time of the purchase is firm and final. It does not include/understand the share in the expenses of delivery invoices in supplement and which will be indicated in the confirmation of order.For a delivery within the European Union, the prices take account of the VAT applicable to the day of the order. They are thus indicated VAT included. No other customs duty nor VAT will be to regulate for a delivery inside the European Union. Any change of the applicable rate could be reflected on the selling price of the products of the catalog. For a delivery out of the European Union, the customer will have to discharge the customs duties, VAT or other taxes due at the time of the importation of the products in the country of the place of delivery. The formalities which are referred to it are also the exclusive responsibility of the customer, unless otherwise specified. The customer is only responsible for the checking of the possibilities of importation of the products ordered taking into consideration right of the territory of the country of delivery. An invoice will be established by Magade Interior Design. The customer will have to specify the address of sending of the invoice.
8-PAYMENT
The payment of the totality of the price is due as of the order. The customer commits himself regulating the price stipulated for the product ordered on the Site (price of the products and transport) like regulating or making regulate, if necessary, and this directly with the forwarding agent or conveyer, the customs duties, the VAT or other taxes due at the time of the importation of the products in the country of the place of delivery. The customer regulates his order:- by bank card as proposed on the Site. The customer guarantees to Magade Interior Design that it has the possible authorizations necessary to use the method of payment by chart at the time of the order taking.
- Is by order check of Magade Interior Design.
In the absence of reception of the check in the 10 days of the confirmation of order by Magade Interior Design or in the event of rejection of the check by the bank, Magade Interior Design reserves faculty to cancel the order.- Is by transfer with the order of Magade Interior Design.
In the absence of reception of the check in the 10 days of the confirmation of order by Magade Interior Design or in the event of rejection of the check by the bank, Magade Interior Design reserves faculty to cancel the order. The banking coordinates are delivered to you at the time of the order.
9-DEFECT OF PAYMENT - RESERVE OF PROPERTY
The ordered products remain the property of Magade Interior Design until the final and integral payment of their price in accordance with the terms of the law n°80 335 of May 12th, 1980. Magade Interior Design reserves the right to assert the products ordered in the event of non-payment. On this assumption and on first request for Magade Interior Design, the customer commits himself restoring very produced not paid, all expenses with his load.
10-TRANSFER OF the RISKS
The transfer of the risks to the customer intervenes as of the handing-over of the products by Magade Interior Design with the conveyer. The products travel to the risks and dangers of the customer. He is the same in the event of sending or of return of products carried out Franco of port. During the time of retractation mentioned in article 15 Ci below, the customer is responsible for the thing as a guard. In the event of deterioration or of destruction of the product during the guard of the customer, this last will undergo all the consequences of them.
11-EXECUTION OF the ORDER
The order will be carried out within the times specified on the Site and at the time of the confirmation of order by Magade Interior Design and in any event at the latest in the 30 days following the confirmation of order subject to the availability of the ordered product and except specific agreement between the parts. In the event of stock shortage or of unavailability of the ordered product, Magade Interior Design is committed to inform the customer as soon as possible and specifying a time of availability of it to him. The customer will confirm by e-mail his choice either to await the availability of the product or to be made refund.
12-DELIVERY
The geographical area of delivery corresponds to the geographical area of cover of the offer. The products are delivered to the address indicated by the customer on the purchase order. The delivery famous is carried out as of the handing-over of the product to the conveyer. The delivery form given by the conveyer, dated and signed by the customer during the delivery of the product will constitute a proof transport delivery. With the delivery, the customer will have to check the contents, the conformity and the state products. In the event of delays, damages, losses total or partial, or of some other problem, it is up to the customer to exert any recourse near the conveyer without the responsibility for Magade Interior Design being able to never be blamed. So during the delivery, Magade Interior Design recommends to the customer to proceed to the observation of the condition of the products delivered before signing the acknowledgment of delivery of the parcel. If it notes anomalies, it must refuse the delivery of the products or issue handwritten, precise, and dated reserves. These reserves will have to be confirmed near the conveyer by registered letter with acknowledgment of delivery in the three (3) business days following the delivery of the products. A copy will be addressed to Magade Interior Design.
13-MAJOR FORCE
In way express are regarded as case of major force, in addition to those usually retained by the jurisprudence of the Courses and French courts,
- the all-out strikes or partial, internal or external with the company, blocking of the means of transport or provisioning for some reason that it is, governmental or legal restrictions, breakdowns of computer, blocking of telecommunications including networks and in particular Internet. The supervening of a case of major force will suspend, initially, automatically, the execution of the order. So beyond of a three (3) months period, the parts note the persistence of the case of major force, the order will be automatically cancelled, except contrary agreement of the two parts.
14-WITHDRAWAL OF the PRODUCTS IN THE EVENT OF ABSENCE OF the CUSTOMER
In the event of absence of the recipient during the delivery, the conveyer will deposit a transit advice note to the address of delivery indicated by the customer. The products will have to be withdrawn with the address and according to the methods indicated by the conveyer. In the event of non with drawal within the time limits by the conveyer, the products will be turned over to Magade Interior Design which reserves the right to refund the price of the products of them, the carriage costs remaining with the load of the customer.
15-RÉCLAMATIONS
The complaints for nonconformity of the products delivered with the order will have to be formulated in writing directly near Magade Interior Design and that immediately at the time of the reception. The customer must preserve the packing and the delivery form. In the event of error on the product, the customer commits himself turning over the aforementioned product or the products concerned within 7 day following their reception to Magade Interior Design under the condition that those are returned without opening of their conditioning, in their state and packing of origin with the documents accompanying it. As of reception of the product in due form, Magade Interior Design will return, with its expenses, the product initially ordered.
16-RIGHT OF RETRACTATION
The customer lays out, within 7 seven business day as from the delivery of his order, of a right to repossess, with his expenses, for exchange or refunding, of the products which are not appropriate to him in accordance with the article L 121-16 of the Code of consumption. If this deadline expires one Saturday, one Sunday or a bank holiday or been unemployed, it is extended until the first next business day. The turned over product will owe the being in its state and packing of origin. It must not be used, nor to have undergone so tiny deterioration either it and to be in a state of perfect cleanliness. This right of retractation is exerted without penalties. Within a 30 days maximum delay as from the reception of the product, the customer will see himself refunding versed sums. For this purpose, it will communicate to Magade Interior Design its banking coordinates
17-GUARANTEE
In order to avoid any nuisance the products are checked by Magade Interior Design before their forwarding. However, the customer profits from a contractual guarantee against all the defects which the product delivered throughout one 3 month could have starting from the delivery subject to a use normal and in conformity with the recommendations stated in the documents related to the products and joined directions for use. In any event, the market products profit from the legal guarantee against the latent defects envisaged by articles 1641 and following of the Civil code. Lastly,
certain products profit from a wide guarantee. In these cases, the methods and warranty period are specified in the chart of guarantee delivered with the product. This one does not cover the damage, breakages or dysfunctions due to non the respect of the precautions for use. For the implementation of the guarantee, the customer turns over the product to Magade Interior Design to his expenses by uniting the original of the invoice there. The product will be exchanged for a product identical and addressed to the customer at the expenses of Magade Interior Design, except in the event of stock shortage or disappearance of the product of the range suggested by Magade Interior Design. On this last assumption, Magade Interior Design will carry out the refunding of the price of the product to the customer.
18-INFORMATIONS PERSONAL
The automated treatment of information, including the management of the addresses email of the users of the site was the one declaration object with the CNIL recorded under number 681470. It is made in the respect of the provisions of the law n°78-17 of January 6th, 1978.The personal information requested from the customer is essential for the treatment and the routing of the orders, the establishment of the invoices and possible contracts of guarantee. For this purpose, this information could be communicated to the contractual partners of Magade Interior Design. The customer can be opposed to such a communication and in accordance with Data-processing law the “and freedoms” (law of January 6th, 1978), it has of a right of access, modification, correction and suppression of the data which relate to it while being addressed to
Magade Interior Design
9, rue de l' église67000
Strasbourg
France
N°SIRET : 387 828 874 00025
Tel : (+33) 03 88 15 90 90
Fax : (+33) 03 88 15 90 91
E mail: info@magadeinteriordesign.com.
For reasons of limitation of fraud, Magade Interior Design can be caused to require documents in proof of you (of identity, of residence…). We thank you for your comprehension.
19-ELECTRONIC SIGNATURE
The “click of validation” constitutes an electronic signature. This electronic signature has between the parts the same value as a handwritten signature.
20-PROOF
The computerized registers, preserved in the computing systems of Magade Interior Design under reasonable conditions of safety will be regarded as the evidence of communication, the orders and the payments occurred between the parts. The filing of the goods of order and the invoices is carried out on a reliable and durable support being able to be produced as proof.
21-INTELLECTUAL PROPERTY
Magade Interior Design is titular intellectual property laws on the site and of the right to diffuse the elements being reproduced on the catalog of the electronic shop and in particular the photographs for which it obtained the authorizations necessary of the people concerned. Consequently, the partial or total reproduction, on some support that it is, of the elements composing the site and the catalog, their use as their provision of third are formally prohibited.
22-ENTIRETY OF THE CONTRACT
The present general terms of sale express the entirety of the obligations of the parts. No other general term or particular communicated by the customer will be able to be integrated or derogate from the present general terms.
23-NON RENUNCIATION
The fact for Magade Interior Design of not prevailing itself of a failure by the customer with any of his obligations could not be interpreted like a renunciation of the obligation concerned and to prevail itself of this failure later on.
24-NULLITY
If one or more stipulations of these general terms is held for not validates or declared such pursuant to a law, of a payment or following a definite decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
25-DISAGREEMENT
This contract is subjected to French law, as well for the rules of substance as for the rules of form
IN THE EVENT OF LITIGATION AND IN THE ABSENCE OF FRIENDLY AGREEMENT BETWEEN the PARTS, COMPETENCE express EAST allotted TO the COURTS WITHIN the COMPETENCE OF the HEAD OFFICE DE Magade Interior Design, NOTWITHSTANDING CALL IN GUARANTEE OR PLURALITY OF DEFENDANTS, SAME FOR the EMERGENCY PROCEDURES OR the PROCEDURES ACADEMIES IN SUMMARY PROCEDURE OR BY REQUEST.
