General conditions of distance selling
- Preliminary article
- Article 1 - Scope
- Article 2 - Purpose
- Article 4 - Availability
- Article 5 - Product prices
- Article 6 - Delivery
- Article 7 - Order
- Article 8 - Security of payments
- Article 9 - Cancellation period
- Article 10 - Signature and proof
- Article 11 - Identification
- Article 12 - Liability
- Article 13 - Personal data
- Article 14 - Choice of domicile
- Article 15 - Intellectual property and competition
- Article 16 - Entire contract
- Article 17 - Tolerance or renunciation
- Article 18 - Partial invalidity
- Article 19 - Dispute
These general conditions of sale are concluded between:
DMD2, known under the MACADAM BASKET brand, a liability company with capital of € 10,000.00 registered in the RENNES trade and companies register under the references 505 001 016, and whose registered office is located at 7 rue du Maréchal Joffre, 35000 RENNES, hereinafter referred to as "macadambasket", on the one hand;
and on the other hand, Internet users who wish to make a purchase on the macadambasket.com website visible at the address https://www.macadambasket.com here in after referred to as "the customer"Top of page
Anxious to always better meet the expectations of its customers, DMD2 wanted to set up, alongside the business it operates at RENNES, 7 rue du Maréchal Joffre, a distance selling network by electronic means (Internet ) of its products.
The list of items offered in the context of distance selling can be viewed on the macadambasket website.
The use of the distance selling process described in these general conditions of sale is reserved for non-commercial individuals who are aged 18 and over and who have the legal capacity to contract on the macadambasket website and to comply with these general conditions of sale or who hold parental authorization allowing them to place an order on the macadambasket website.
These non-commercial individuals are domiciled in mainland France (including Corsica) and in the overseas departments.
The date of posting of these general conditions of sale is the date of entry into force.
Article 1 - Scope
These general conditions of sale are applicable to all sales of products concluded via the merchant site accessible from the French version of the macadambasket website for delivery in mainland France (including Corsica) and in the overseas departments. .
The parties agree that the relations will be exclusively governed by these general conditions of sale, to the exclusion of any other condition.
The customer declares to have read these general conditions of sale before placing his order. The validation of his order therefore implies acceptance without restriction or reservation of these general conditions of sale and possibly special conditions or specific to one or more products or orders.
These general conditions of sale apply while they appear on the macadambasket website.
In the event that, after the date of their removal from the macadambasket website, these general conditions of sale would nevertheless remain accessible to the public via other websites or by any other means, they would however no longer be enforceable against DMD2 .
Article 2 - Subject
These general conditions of sale aim to define the reciprocal obligations of the parties as well as the different stages of the ordering process.
Article 3 - Product information
Macadambasket is a website which aims to offer for sale articles of clothing, shoes, materials and accessories related to sport and sporting practice.
DMD2 makes every effort to describe and present the items sold on the macadambasket website with the greatest accuracy. However, certain characteristics of the products may be slightly modified, in particular to improve their quality.
Moreover, if errors or omissions may have occurred in this presentation, DMD2 cannot be held liable.
In addition, the photos of the products displayed on the macadambasket website are not contractual. Under no circumstances can DMD2 be held liable on the basis of said photos.
Article 4 - Availability
Products visible on the macadambasket website are available while stocks last.
Consequently, DMD2 does not guarantee in any way that the products will be maintained for sale for a given period.
Any customer complaint regarding the order or delivery of an unavailable item will be considered unfounded.
If ordering multiple products, if one of the products turns out to be unavailable, the entire order will not be processed and shipped until all of the products in that order are available.
DMD2 will then inform the customer of this additional delay. The latter may choose to receive in priority the items available from his order. The customer will then be invoiced only for the shipping costs announced at the time of the order.
However, if this product turns out to be permanently unavailable, DMD2 will inform the customer of this unavailability. The customer will then have the choice:
- or to cancel their entire order, their account will not be debited
- or to receive the ordered products available, his account will then be debited for the amount of the products shipped as well as the shipping costs associated with the shipment of these products.
In the event of unavailability of one or more products, undertakes to reimburse the customer for the amount of the unavailable product (s).
Article 5 - Product prices
The prices displayed on the macadambasket website are indicated in euros and all charges included, applicable in mainland France, including Corsica. VAT is applied at the rate in effect at the time of the order. Any rate change would be applied immediately to the current order.
When placing an order for delivery in the French overseas departments, the macadambasket website will display the price of the products in euros excluding tax. In this specific case, the customer will proceed to the payment of his total amount of orders excluding VAT. Taxes and fees or various charges on the importation of goods are the responsibility of the recipient upon receipt of his package. The amounts of these taxes depend on local regulations in force.
Product prices are exclusive of shipping costs, which are extra.
These will be brought to the attention of the customer on the summary screen before final validation of the macadambasket order.
Article 6 - Delivery
The products can only be delivered in mainland France (including Corsica) and in the French overseas departments.
They will be delivered to the delivery address that the customer has provided on the order form.
For reasons of package tracking, DMD2 reserves the right to refuse to deliver orders from individuals to collective addresses such as barracks, army premises, hospitals, holiday clubs (etc.), this list being non-exhaustive. .
Delivery is made within 2 to 15 days of receipt by the customer of the order confirmation email sent by DMD2. These deadlines are purely indicative and cannot be guaranteed by DMD2.
Regarding the receipt of packages, DMD2 strongly recommends that customers check the apparent condition of the products upon delivery.
In the event of an anomaly (damaged packaging, missing, damaged or broken products), the customer must make all the necessary reservations on the delivery receipt and he will have 48 hours to report it to DMD2.
The procedure as well as the contact details of DMD2 are indicated in article 9 of these general conditions of sale.
Otherwise, no complaint can be brought by the customer to DMD2.
If in doubt, the customer is advised to open the package in the presence of the person responsible for delivery to ensure that there is no damage to the product.
Otherwise, no complaint can be brought by the customer to DMD2.
Article 7 - Order
The order is done in several stages which are as follows.
- choice of products,
- connection to the existing user account or creation of a user account
- validation of the order,
- transit to the bank server,
- payment only by accepted credit card (credit card, visa, mastercard, american express),
- acknowledgment of receipt (confirmation email).
Article 8 - Security of payments
In order to ensure the security of payments, the macadambasket website uses the secure payment services of CYBERPLUS BANQUE POPULAIRE. These services integrate the FSL (Secure Sockaet Layer) security standard.
Confidential data (the 16-digit bank card number as well as the expiration date) are directly transmitted encrypted to the SIPS server without passing through the physical media of the DMD2 server.
When the bank details are validated, the secure electronic payment manager sends an authorization request to the bank card network.
The electronic payment manager issues an electronic certificate.
Article 9 - Withdrawal period
All items visible on the macadambasket website are subject to exchange or refund, with the exception of products already worn and without their original packaging.
The period during which the customer can request an exchange or exercise his right of withdrawal is 14 days from the date of receipt of the item (s).
The request must be sent exclusively by e-mail to the following address: firstname.lastname@example.org.
Shipping and return costs are the responsibility of the customer.
The return must be made by registered or colissimo with tracking.
In the event of a dispute, DMD2 will require the customer to provide proof of deposit at the postal service. In case of loss of package, no refund could be made without this proof of deposit. Upon receipt of the package, DMD2 will judge the perfect condition of the returned merchandise.
No return will be accepted if the returned product (s) have been visibly used or damaged by the customer and this use or damage renders the product unfit for sale.
If the return is refused by DMD2, the product (s) will then be returned to the customer at DMD2's expense without the customer being able to demand any compensation or right to reimbursement, with the exception of the subsequent exercise of his rights. with guarantee on the goods sold.
If the return is accepted, DMD2 will credit the customer's bank account within 30 days.
If an item has a manufacturing defect, or if a size or model error due to a preparation error on our part, DMD2 will send a pre-paid Colissimo return slip indicating the address to which must be returned the items and the authorization number.
Article 10 - Signature and proof
For any payment by credit card on the macadambasket website, the electronic certificate issued by the electronic payment manager will be proof of the amount and the date of the transaction, in accordance with the provisions of articles 1316 and following of the Civil Code as well as the means electronic archiving set up by DMD2.
In this regard, the date and time of the server will prevail between the parties.
The validation of the order is worth signature and express acceptance of all the operations carried out on the site.
Article 11 - Identification
In order to facilitate customer identification, the customer expressly authorizes DMD2 to place a so-called "cookie" file on the customer's hard drive, the sole purpose of which is to facilitate said identification.
The customer who refuses to deposit such a file on his hard drive must proceed with each order to complete the order validation forms.
Article 12 - Liability
For all stages of access to the site, consultation, filling out forms, placing an order, delivering items or any other service, DMD2 has only an obligation of means.
Consequently, DMD2 cannot be held liable for any inconvenience or damage inherent in the use of the Internet network and totally outside the diligence and precautions taken by DMD2.
In particular, any disruption in the provision of the service, or any external intrusion or presence of computer virus, can not engage the responsibility of DMD2.
Likewise, any fact qualified as force majeure within the meaning of case law totally exonerates DMD2 from any liability.
Article 13 - Personal data
DMD2, for the purposes of the service, reserves the right to collect personal data relating to users of the site, in particular by means of cookies referred to in article 11.
In accordance with law n ° 78-17 of January 6, 1978, any user or client of the site may at any time oppose the commercial use of said data and also benefits from a right of access, rectification and deletion of data concerning him.
All requests relating to this article should be sent by email to the following address: email@example.com.
Article 14 - Choice of domicile
DMD2 declares to elect domicile at the address indicated at the top hereof.
Article 15 - Intellectual property and competition
All elements of the macadambasket website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of DMD2.
The user who has a personal website and who wishes to use a simple link directly to the home page of the macadambasket website for personal use on a site must first seek authorization from DMD2.
In this case, it cannot be an implicit affiliation agreement.
On the other hand, any hypertext link referring to the macadambasket website and notably using the technique of framing, deep linking, in-line linking or any other deep link technique is in any case formally prohibited.
In all cases, any link, even tacitly authorized, must be removed at the request of DMD2.
Article 16 - Entire contract
These general conditions of sale, concluded between DMD2 and the customer, express all the obligations of the parties.
No indication, no document can give rise to the obligations hereunder, if they are not the subject of an amendment signed by both parties.
No correspondence prior to the signing of this contract may give rise to obligations under said contract.
However, if a condition were to fail, it would be considered to be governed by the practices in force in the sales sector.
Article 17 - Tolerance or renunciation
It is formally agreed between DMD2 and the customer that any tolerance or waiver of one of the parties in the application of all or part of the commitments provided for in these general conditions of sale, whatever the frequency may have been and the duration, can not constitute modification of this agreement, nor generate any right.
More specifically, any delay or inaction, abstention or omission on the part of customers in exercising any of their rights under this Agreement shall not infringe said right, nor shall be considered to imply its part a waiver of this right.
Article 18 - Partial invalidity
If a particular stipulation of these general conditions of sale is held to be invalid or declared as such by a decision having the force of res judicata of a competent court, the other stipulations will retain all their force and scope.
Article 19 - Dispute
The language of these general conditions of sale is French.
Each party may initiate any useful procedure, express jurisdiction being attributed to the courts of the city of RENNES.