General Conditions of Sale (GTC)
www.mahaud.fr ("the Site") is a site intended for individuals, published by Mahoud,whose registered office is at 6 cour Saint-Eloi 75012 Paris, registered in the Trade and Companies Register of Paris under the number879 990 992.
I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the "CGV") detailed below apply to all orders for products and services placed via the site (the "Products") by any person (the "Client").
The Customer must read the T&Cs prior to any order (the "Ordered"), the T&Cs being available on the site.
Mahoudreserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the site www.mahaud.fr at the time of the Order. Consequently, the fact of placing an Order requires full prior and unreserved acceptance of the T&Cs by the Customer.
II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.mahaud.fr is an e-commerce site.
The site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, for the purposes of its maintenance and/or security or in the event of force majeure (as defined below). after).Mahoudcannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the site.
Mahouddoes not guarantee that the Site will be free from anomalies, errors or bugs, nor that the site will operate without failure or interruption. In this regard, he may freely and at his sole discretion determine any period of unavailability of the Site or its content.Mahoudcannot be held responsible for problems with data transmission, connection or unavailability of the network.
Mahoudreserves the right to make the Site evolve, for technical or commercial reasons. When these modifications do not alter the conditions of the provision of services, in a substantial and negative way, the Customer may be informed of the modifications made, but his acceptance is not requested.
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically. However, an error in the update, whatever its origin, does not engage the responsibility ofMahoud. As such,Mahoudcannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
Mahoudtakes the greatest care in the presentation and description of its Products to best satisfy the information of the Customer. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Mahouddoes not guarantee the accuracy or security of information transmitted or obtained through the Site.
It is possible that the Customer receives following an Order a part previously returned by another person.
Order taking on the Site is subject to compliance with the procedure set up byMahoudon the Site comprising successive stages leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order will be sent to the Customer byMahoud. To this end, the Customer formally accepts the use of e-mail for confirmation byMahoudof the content of his Order.
V. REFUSAL TO PROCESS AN ORDER
Mahoudreserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. Despite the best efforts ofMahoudto meet the expectations of its customers, the latter may refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
Mahoudcannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after the sending the confirmation e-mail summarizing the Order.
Mahoudalso reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
VI. PRICES AND TERMS OF PAYMENT
The prices of the products are indicated on the Site in euros, including VAT, but excluding transport costs, customs and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.
Mahoudreserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash when the actual Order is placed.
Payment for purchases is made either via Paypal or via the secure platform of our payment provider STRIPE.
The Customer expressly acknowledges that the communication of his bank card number toMahoudconstitutes authorization to debit his Account up to the price of the Products ordered. If necessary, a notification of cancellation of Order for non-payment is sent to the Customer byMahoudon the email address provided by the Customer when ordering on the site.
The data recorded and stored byMahoudconstitute proof of the Order and of all past sales. The data recorded by Paypal or STRIPE constitutes proof of any financial transaction between the Customer andMahoud.
VII. DELIVERY AND COLLECTION OF ORDER
7.1. Delivery terms
Deliveries are provided by Colissimo services, from Monday to Saturday, depending on the option chosen by the Customer when validating their Order.
Delivery means the transfer to the Customer of the physical possession of the Products (the "Delivery»).
The Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order in the "Deliveries and Returns" section.
WhenMahoudtakes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not byMahoud.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ).
If it is impossible to make the Delivery, due to an incorrect delivery address, a reshipment may be carried out at the Customer's expense.
Mahouddelivers the Orders within a maximum period of seven (7) working days for a Delivery in Metropolitan France and fifteen (15) working days for a Delivery in Europe, this period being counted from the first working day after the validation of the command.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
Mahoudcannot be held responsible for the delay in delivery not being its fault or justified by a case of force majeure (as defined below).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, Mahoud cannot be held responsible for the harmful consequences resulting from a delay in delivery.
7.2. Terms of withdrawal of order at the workshop
The withdrawal service at the workshop, allows the Customer to withdraw his order at the workshop within a period of 7 days, after this period the order will no longer be available. The Customer must present himself with his identity document at 6 cour Saint-Eloi 75012 Paris during Wednesday to Friday from 9 a.m. to 6 p.m.
VIII. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
8.1. Deadline and procedures for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Mahoud, without having to justify its decision.
The exercise of the right of withdrawal can be made by email to email@example.com
8.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.
Beyond this period of fourteen (14) days, the sale is firm and definitive. The Product must be returned in its original packaging, in its original condition.
The return of the Products is the responsibility of the Customer and is at his risk.
8.3. Reimbursement of Products returned under the right of withdrawal
Reimbursement of the Order by Mahoud takes place no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, reimbursement takes place provided that Mahoud was able to recover the Products subject to the return.
Mahoud makes the refund only in the form of a credit note up to the price of the Order.
In the absence of compliance by the Customer with these T&Cs, Mahoud will not be able to refund the Products concerned. In all cases, the return costs are the responsibility of Mahoud if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
As part of a withdrawal order at the workshop, the same terms and conditions apply. If the customer expresses her desire for a refund of her order without having picked it up at the workshop, the refund made by Mahoud will be in the form of having.
IX. WARRANTIES - LIMITATION OF LIABILITY
9.1 Limitation of liability
The responsibility of Mahoud with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. Mahoud will not be liable for the following losses, regardless of their origin:
- Loss of revenue or sales
- operating loss
- Loss of profits or contracts
- Loss of planned savings
- data loss
- Loss of work or management time
- Image damage
- Loss of chance, and in particular of ordering a Product,
- Moral prejudice.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law.
Mahoud makes no warranty regarding any harm that may be caused by the transmission of any computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper functioning of it, including any transmission resulting from a download of any content made by the Customer, of the software used by the latter to download the content, of the Site or of the server which provides access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving harmful.
The Customer acknowledges assuming all risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
Mahoud is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which such products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, Mahoud guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
9. 2 Legal warranties
All products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Customer to return free of charge the Products delivered defective or non-compliant. The traces of wear that the Products may bear are linked to the very essence of upcycling, the latter cannot be considered as defective or non-compliant Products.
Legal guarantee of conformity
Article L217-4 of the Consumer Code:“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L211-5 of the Consumer Code:“To be in conformity with the contract, the good must:
1) Be fit for the use usually expected of a similar item and, where applicable:
correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Article L211-12 of the Consumer Code:“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Warranty against hidden defects
Article 1641 of the Civil Code:"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »
Article 1648 of the Civil Code:“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity. »
As part of the legal guarantee against hidden defects,Mahoud, at the Customer's option, undertakes, after evaluation of the defect:
- Either to reimburse the full price of the returned Product,
- Either to reimburse part of the price of the product if the Customer decides to keep the Product.
Disclaimer of Warranties
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover Products damaged during transport after Delivery or due to improper use.
9.3 Methods of implementation of guarantees
As part of the legal guarantee of conformity, the Customer:
(i) has a period of two (2) years from the delivery of the goods to act;
(ii) can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
(iii) is exempted from providing proof of the existence of the lack of conformity of the goods during the two years.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. 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.
For any request concerning the legal guarantees, the Customer must then contact Mahoudto firstname.lastname@example.org
These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
9.4 Consequences of the implementation of legal guarantees
As part of the legal guarantee of conformity,Mahoudundertakes at the Customer's choice:
- either to replace the Product with a similar product depending on available stocks,
- or to reimburse the price of the Product if the replacement of a Product proves impossible.
As part of the legal guarantee against hidden defects,Mahoud, according to the choice of the Customer, undertakes, after evaluation of the defect:
- either to reimburse the full price of the returned Product, or to reimburse part of the price of the Product if the Customer decides to keep the Product.
9.5 Force Majeure
In the event of the occurrence of an event of force majeure preventing the execution of these GCS,Mahoudinforms the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Mahoudor the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
X. RETENTION OF OWNERSHIP
Mahoudretains full ownership of the Products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.
XI. PARTIAL DISABILITY
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
No tolerance, inaction or inertia of Mahoud cannot be interpreted as a waiver of its rights under the terms of the GCS.