Article 1: Designation of seller
This website www.gabrielrivaz.com is published by : MAÏKOR SAS with a capital of 4,000 euros, registered with the Paris Trade and Companies Register under the number 842 433 484, whose registered office is 99 avenue du Général Leclerc, 94700 - Maisons-Alfort.
Article 2: General provisions relating to these general terms and conditions of sale (hereafter the GTC)
The present GTC are exclusively applicable to the online sale of MAÏKOR's products on the www.gabrielrivaz.com website (hereinafter the website). The GTC exclusively govern the contracts for the online sale of MAÏKOR company products (hereinafter the "seller") to purchasers having the status of consumers (hereinafter "consumer", "purchaser" or "customer") and constitute, together with the online order, the only contractual documents enforceable against the parties. The GTC are made available to consumers on the seller's website where they can be directly consulted and can also be communicated to the seller upon request by telephone, e-mail or post. The GTC are enforceable against the consumer who acknowledges, by ticking a box provided for this purpose, to have had knowledge and accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser to the GTC in force at the day of the order. The seller reserves the right to modify its GTC at any time. In case of modification of the GTC, the applicable GTC are those in force on the date of the order, a copy of which dated to date can be given to the consumer at his request. The nullity of a contractual clause does not entail the nullity of the GTC unless it is an impulsive and decisive clause that led one of the parties to conclude the sales contract. The temporary or permanent non-application of one or more clauses of the GTC by the seller shall not constitute a renunciation on its part of the other clauses of the GTC which continue to produce their effects.
Article 3- Products
3. 1. characteristics
The products offered for sale presented in the catalogue published on the site are each described.
Products comply with the requirements of the French law in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market.
3. 3. Stock availability
Products are offered and delivered within the limits of available stocks. In the event of unavailability of the product ordered, the seller shall immediately inform the buyer and may offer him a product of equivalent quality and price or, failing this, a purchase voucher for the amount of the order that can be used for any future order. In the event of disagreement by the buyer, the seller shall refund the sums paid as soon as possible. Apart from the reimbursement of the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the non-fulfilment of the contract is personally attributable to him.
Article 4- Prices
4. 1. Selling price
The sales prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products in the electronic catalogue, in euros, all taxes included, including the costs of order preparation and delivery in metropolitan France. The total amount due by the buyer is indicated on the order confirmation page. The selling price of the product is that in force on the day of the order. The selling price of the products includes the shipping costs for metropolitan France. In the event of a price promotion, the seller undertakes to apply the promotional price to any order placed during the period of the advertising made for the promotion. All orders, whatever their origin, are payable in euros.
The seller reserves the right to modify its prices at any time, while guaranteeing the buyer the application of the price in force on the day of the order, subject to available stocks.
4. 3. Costs
The additional costs, transport, delivery or postage, which the customer may have been aware of before the order, are fixed on the order form. Transport and delivery costs (outside metropolitan France) differ according to the customer's delivery address, the weight and volume of the goods ordered, and the service provider chosen by the seller. They are specified in the basket and confirmed when the order is validated.
Article 5- Offer
5. 1. Estate
The online sales offers presented on the site are reserved for consumers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas.
5. 2. Duration
The online sales offers presented on the site are valid, in the absence of any indication of a particular duration, as long as the products appear in the electronic catalogue and within the limit of available stocks.
5. 3. Acceptance
Acceptance of the offer by the buyer is validated, in accordance with the double-click procedure, by the confirmation of the order.
Article 6- Order
6. 1. Steps for concluding the contract
Orders can be placed through the site. To place an order through the site, the customer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the "Order" button and provides the information relating to the delivery and the method of payment. Before clicking on the "Confirm Order" button, the customer has the opportunity to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order. Confirmation of the order implies acceptance of the GTC and forms the contract. An e-mail acknowledging receipt of the order and its payment is sent by the seller within 24 hours following the order.
6. 2. Modification order
Any order modification by the customer after confirmation of his order is subject to acceptance by the professional seller. It must be made in writing, by email to firstname.lastname@example.org before shipment of the products. The seller reserves the right to make changes to the product ordered that are related to technical developments under the conditions set out in Article R. 212-4 of the Consumer Code.
6. 3. Validation of the order
The seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers with the status of consumers.
Article 7- Contract
The contract of sale is formed at the moment the customer sends the confirmation of his order.
Article 8- Payment
The price is normally payable in full after confirmation of the order. Payment shall be made immediately upon ordering by credit card.
8.2 Payment security
The site is equipped with an online payment security system allowing the client to encrypt the transmission of his bank data, according to the SSL (Secure Socket Layer) protocol managed by OGONE.
8. 3. Method of payment
Payment can be made by: Credit card (CB / VISA / MASTERCARD): payment is made directly on the site. It is protected by the security system provided in Article 8.2.
8.4 Retention of title clause
The seller remains the owner of the products sold until full payment of the price and the buyer undertakes, as long as ownership is not transferred to him, to take all precautions necessary for the proper conservation of the products.
Article 9- Delivery
Delivery means the transfer of physical possession or control products to the customer.
9.2 Delivery time
Delivery times are specified on each product sheet and are calculated in working days (Monday to Friday, excluding public holidays). However, the seller reserves the right to split deliveries. In the event of unavailability of a product for more than 15 days after the deadline specified in the order, the seller may accept the customer's request for cancellation or modification of the order. To do so, the customer must contact the sales department at email@example.com. The average delivery time noted is 3/4 working days. The products are shipped in less than 24 hours from our warehouse located in Ile-de-France.
9. 3. Delivery delay
The seller cannot be held responsible if the delay in delivery is due to a case of force majeure.
9.4 Place of delivery
The products are delivered to the address indicated by the customer on the order form.
9.5 Terms of delivery
Delivery is made to the address of the customer's choice. When the delivery address mentioned on the order form is incorrect, and if the product has to be reshipped to a new address, the cost of reshipment will be charged and must be paid by the customer before reshipment.
9.6 Unavailability of products
In the event of unavailability of the products on delivery, the seller may offer, under the conditions provided for in Article 3-3 of the GTCS, a product equivalent in quality and price.
9.7 Failure to deliver
The total failure to deliver shall automatically result in the cancellation of the contract of sale.
Article 10- Guarantees
10.1 In the event of lack of conformity
MAÏKOR undertakes to deliver products in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery of the products, in accordance with articles L 217-4 et seq. of the French Consumer Code. The customer may then choose the replacement of the goods, subject to the cost conditions provided by article L. 217-9 of the Consumer Code. In case of impossibility or manifestly disproportionate cost, the seller is not obliged to proceed according to the method chosen by the consumer.
Claims made under the legal guarantees (articles 10.1 and 10.2) must be addressed to the after-sales service by email (firstname.lastname@example.org) or by mail (MAÏKOR, 99 Avenue du général Leclerc, 94700- Maisons-Alfort).
WARNING: No returns will be accepted without first filling out the after-sales service form located in the customer area. This will allow the customer to obtain an RMA (Return Material Authorized) number. Any package arriving without a return number will be refused. Returns are to be made to: MAÏKOR, 99 Avenue du Général Leclerc, 94700 - Maisons-Alfort. Within the framework of these legal guarantees, the costs of returning products and sending exchanged products are the responsibility of MAÏKOR. These costs will be reimbursed or borne by the seller if the seller notes the lack of conformity affecting the product. A copy of the sales invoice must be presented for any claim.
Article 11- Liability
11. 1. Disclaimer of liability
The responsibility of the seller cannot be engaged in case of non-performance or poor performance of the contract due either to the buyer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
Article 12 - Resolutive clause
The resolution of the order in the cases provided in these GTCS will be pronounced by simple registered letter with acknowledgement of receipt or by electronic letter and will be acquired by right without judicial formality.
Article 13-Right of withdrawal
13.1. Conditions, time limit and terms of exercise
In accordance with articles L221-18 et seq. of the French Consumer Code, the customer has a right of retraction which must be exercised within 14 clear days from receipt or withdrawal of products in order to return them to the seller for exchange or reimbursement. The return costs will be at the exclusive charge of the customer. The customer must exercise his right of retraction: - Either by duly filling out the retraction form in the appendix to these GTC and sending it by mail to MAÏKOR, 99 Avenue du Général Leclerc, 94700 - Maisons-Alfort. -or by filling out the withdrawal form online on the site. In this case, an acknowledgement of receipt of withdrawal will be sent to you as soon as possible. ATTENTION: No return will be accepted without first filling out the after-sales service form on the customer area. This will allow the customer to obtain a return number RMA (Return Material Authorized). Any package arriving without a return number will be refused. The purchase invoice must be attached to the return package. The products must be returned after receipt and confirmation of the claim by the after-sales service it is recalled that the customer's responsibility, in case of withdrawal after use of the goods, is committed to the depreciation of the goods resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of the goods. According to the European Commission, such manipulations are those which a consumer may carry out in a shop for the goods offered for sale there. The products must be returned new and complete, so that they can be remarketed. All products returned incomplete, damaged, deteriorated, soiled will not be refunded. We advise you to return the products correctly packed and in their original packaging to obtain a full refund.
13. 2. Effects
In the event of the customer's withdrawal, the seller shall refund all payments received from the customer, including the original delivery costs (except for any additional costs arising from the fact that the customer has chosen, where applicable, a delivery method other than the cheaper standard delivery method proposed by the seller) without undue delay and, in any event, no later than fourteen days from the day on which the seller is informed of the customer's decision to withdraw. The refund will be made using the same means of payment as that used by the customer for the initial transaction. In the event of withdrawal by the customer, the latter shall return or return the goods, at his expense, to MAIKOR, 99 Avenue du Général Leclerc, 94700 - Maisons-Alfort without undue delay and, in any event, no later than fourteen days after the customer has communicated to the addressee indicated on the withdrawal form his decision to withdraw from the possible contract. This time limit is deemed to have been respected if the customer returns the goods of the order before the fourteen-day period expires. In case of withdrawal by the customer, the customer shall bear the direct costs of returning the goods. In the event of a return of the products by the customer who has exercised his right of withdrawal in accordance with this article, the customer assumes the risks of transport (loss, damage, ...) The seller may defer reimbursement until receipt of the goods or goods subject to the order, or until the customer has provided proof of shipment of the goods, the date chosen being that of the first of these facts.
13. 3. Model withdrawal form
The model withdrawal form can be found at the end of the GTC.
Article 14- Intellectual property
The elements reproduced on this site www.gabrielrivaz.com, which are the exclusive property of the publisher, are protected by copyright, trademark and patent law. Any reproduction and any distribution of these elements, without prior written authorization of the publisher, exposes the offenders to legal proceedings.
Article 15- Processing of personal data (CNIL Declaration n°1919589 v 0)
The purpose of the computerised processing of the personal data collected is to process the customer's order, to draw up the invoice and to identify the customer. In accordance with the Data Protection Act, you have the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data concerning you, the person responsible for processing being MAIKOR, 99 Avenue du Général Leclerc, 94700 - Maisons-Alfort. If you do not wish your personal data to be reused for commercial purposes, please inform the department responsible for processing. The collection of nominative data, their use for the processing of orders and the creation of customer files and their distribution to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned. The processing of nominative data, which is kept by the publisher for the sole purpose of proper administration of orders and commercial relations, is the subject of a declaration to the Commission Nationale Informatique et Libertés. The customer has at any time the right to access, modify, rectify and delete personal data concerning him/her.
Article 16- Mediation
16. 1. prior claim
In the event of a dispute, the customer must first contact the company's Customer Service by e-mail (email@example.com) or by post at MAIKOR, 99 Avenue du Général Leclerc, 94700 - Maisons-Alfort.
16. 2. Request for mediation
In the event of failure of the claim request to the Customer Service or in the absence of a response from this service within three months, the customer may submit the dispute relating to the order form or these GTCs between the customer and the seller to the MEDYCIS mediation service, by e-mail: www.medicys.fr, or by post: MEDICYS- Centre de médiation et règlement amiable des huissiers de justice- 73, Boulevard de Clichy, 75009 - Paris. To submit his request for mediation, the consumer has a complaint form available on the mediator's website. The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
Article 17- Competent court
In the absence of an amicable agreement, the competent court will be that of the place of residence of the defendant (article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the thing.
Article 18- Applicable law
This contract and the GTC governing it are subject to French law.