General Terms & Conditions
These General Conditions of Sale (hereinafter the "GTC") are offered by the ECOMTIME Company SAS, with a capital of 1000 €, company registered at RCS de Toulouse under the number 832198337, whose head office is located at 82 Route Bayonne, 31300 Toulouse (hereinafter " SAS ECOMTIME Company ").
We will then designate:
- "Site" : the site https://madnesscuff.com and all of its pages.
- « Products » : all the products (materials) that it is possible to buy or to which it is possible to subscribe on the Site.
- "Seller » : SAS ECOMTIME Company , legal person, offering its Products on the Site.
- "Customer » : the Internet user, individual or professional, making a purchase of Product (s) on the Site.
- "Consumer », as defined in the preliminary article of the Consumer Code: " any natural person who acts for purposes which are not part of his commercial, industrial, craft or liberal activity ».
Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these GTCs carefully, print them and / or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the Terms and Conditions and accepts them in full and without reservation.
Article 1 - Application of the GTC and object of the Site
The Seller reserves the right to modify at any time the GTC by publishing a new version of the latter on the Site. The GTC applicable to the Customer are those in force on the day of his order on the Site.
The legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.
This Site offers online sales of Interior decoration object.
The Site is freely accessible to all Customers. The acquisition of a Product supposes the acceptance, by the Customer, of the entirety of these CGV, which acknowledges by the same fact having taken full knowledge of it. This acceptance could consist, for example, for the Customer, of checking the box corresponding to the sentence of acceptance of these GTC, having for example the mention " I accept the general sales conditions ". Checking this box will be deemed to have the same value as a handwritten signature on the part of the Client.
Acceptance of these Terms and Conditions assumes that Clients have the necessary legal capacity for this. If the Client is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative.
The Customer acknowledges the evidential value of the Vendor's automatic registration systems and, except for him to provide evidence to the contrary, waives any challenge in the event of a dispute.
Article 2 - Creation of a customer account
The creation of a "customer account" is a prerequisite for any order from the Customer on this Site. To this end, the Customer will be invited to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer undertakes to provide exact information. The Customer is responsible for updating his data. He must therefore immediately notify the Seller in the event of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.
The Customer registered with the Site has the possibility of accessing it by logging in with his identifiers (e-mail address defined during his registration and password) or possibly by using systems such as third-party connection buttons for social networks. . The Customer is fully responsible for protecting the password they have chosen. He is encouraged to use complex passwords. If the password is forgotten, the Customer has the possibility of generating a new one. This password guarantees the confidentiality of the information contained in its "my account" section and the Customer therefore refrains from transmitting it or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to consult all of his orders placed on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Seller could not be engaged, this information having no probative value but only a character informative. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they are only for information intended to ensure efficient management of his orders or contributions by the Customer.
Each Customer is free to close their account on the Site. For this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GTCS (in particular and without this example being of any exhaustive nature, when the Customer has knowingly provided incorrect information, when registering and the creation of their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the Customer who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility for the Seller to take legal action against the Customer, when the facts have justified it.
Article 3 - Subscription of orders and description of the purchasing process
The Products offered are those which appear in the catalog published on the Site. These Products are offered while stocks last. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalog reflect a faithful image of the Products offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.
We will define below as "Basket" the intangible object grouping all the Products selected by the Client of the Site for a purchase having clicked on these elements. In order to proceed with his order, the Customer chooses the Product (s) he wishes to order by adding them to his "Basket", the content of which can be modified at any time.
As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to confirm his order, of accessing his basket by clicking on the button provided for this purpose. It will then be redirected to a summary page on which the number and characteristics of the Products ordered will be communicated, as well as their unit price.
If he wishes to validate his order, the Customer must check the box relating to the ratification of these CGV and click on the validation button. The Customer will then be redirected to a page in which he must complete the order form fields. In the latter case, he will have to enter a certain number of personal data concerning him, necessary for the orderly progress.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until the validation thereof.
Once the Customer has completed the form, he will then be invited to make his payment with the means of payment listed in the section of these General Terms and Conditions relating to payments. After a few moments the Customer will be sent an email confirming the order, reminding him of the content of the order and the price thereof.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 - Prices and payment terms
Unless otherwise stated, the prices listed in the catalog are prices understood in Euros all taxes included (tax included), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.
The SAS ECOMTIME Company reserves the right at any time to modify its prices and to pass on, if applicable, any change in the rate of VAT in force on the price of the Products offered on the Site. However, the price listed in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can pay by bank card, paypalCredit card payments are made using secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or the payment service provider receiving payment from the Client. The availability of Products is indicated on the Site, in the description of each Product.
The SAS ECOMTIME Company archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 5 - Delivery
The delivery costs will be indicated to the Customer before any payment. The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world.
In the event of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Customer declares himself the importer of the Product and agrees that in such case the Seller may be physically unable to provide him with accurate information on the total amount of customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the order process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Customer Consumer.
The Customer may refuse a package at the time of delivery if it finds an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...); Any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reserves, accompanied by the signature of the Customer. In order to exercise his right of refusal, the Customer must open the damaged or defective parcel (s) in the presence of the carrier and return the damaged goods to him. Failure to comply with these requirements, the Customer can not exercise his right of refusal, and the Seller will not be required to access the request for exercise of the Customer's right of refusal.
If the Customer's parcel is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the parcel in return to ask him to follow up on his order. If the Customer has wrongly refused the parcel he may ask for the return by paying in advance the payment of postal charges for the new shipment. Postal fees must be paid even for orders whose shipping costs were offered when ordering.
In case of error of delivery or exchange (if the right of withdrawal is applicable, ie if the Customer is a Consumer and the contract to acquire the Product allows retraction, according to Article L. 221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling of the Customer can not be attributed to the Seller.
Any delay in delivery in relation to the date or time indicated to the Consumer Customer when ordering or, in the absence of indication of date or deadline when ordering, more than thirty (30) days from the date of delivery. conclusion of the contract may result in the resolution of the sale on the initiative of the Consumer Client, upon written request from him by registered letter with acknowledgment of receipt, if after enjoining the Seller to make the delivery he has not executed . The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was denounced, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 6 - Right of withdrawal and withdrawal form
In accordance with article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product from his order, to retract. He will be required to return any Product that does not suit him and request an exchange or refund without penalty, except for return costs, within fourteen days of receipt by The SAS ECOMTIME Company of the refund request.
The Product must be returned in perfect condition and not unpacked. If necessary, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to The SAS ECOMTIME Company. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if it, due to its nature, cannot normally be returned by post.
If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.
The Customer is recommended to carry out the return by a solution allowing tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the latter.
The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller uses another payment method, and insofar as the refund does not result in costs for the Client.
The Seller also reserves the right to postpone the reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has dispatched the Product, if such a demonstration has not previously taken place. .
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product (s), the responsibility of the Customer may be engaged.
In accordance with article L221-5 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
Article 7 - Product Guarantee
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
Legal guarantee of conformity
According to articles L.217-4 et seq. Of the Consumer Code, the Seller is required to deliver goods which comply with the contract concluded with the Consumer Client and to respond to any lack of conformity existing during the delivery of the Product. The conformity guarantee may be exercised if a defect should exist on the day of taking possession of the Product. However, when the defect has appeared within 24 months of this date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to fulfill this condition. But, in accordance with article L.217-7 of the Consumer Code, " the Seller may combat this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity ».
However, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
In accordance with article L.217-9 of the Consumer Code: " in the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the choice of the buyer if this choice involves a manifestly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer ».
Legal warranty against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the warranty for hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have bought the Produced or would not have bought it at such a price if he had known the defect).
Complaints, requests for exchange or reimbursement for a non-conforming Product must be made by post or email to the addresses indicated in the legal notices of the site.
In case of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete product, out of stock, etc.) the Customer will be reimbursed by check or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) are then borne by the Seller.
Article 8 - Customer Service
The customer service of this Site is accessible by email at the following address: firstname.lastname@example.org or by post to the address indicated in the legal notice.
Article 9 - responsabilité
Seller The SAS ECOMTIME Company cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. With regard to the Products purchased, the Seller will not be liable for any indirect damage as a result of this, loss of business, loss of profit, damage or costs, which may arise.
The choice and purchase of a Product are the sole responsibility of the Customer. The total or partial impossibility of using the Products in particular due to incompatibility of the material cannot give rise to any compensation, reimbursement or questioning of the responsibility of the Seller, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal if applicable, that is to say if the Customer is not a Consumer Customer and the contract entered into to acquire the Product allows withdrawal, according to article L 221 -18 et seq. Of the Consumer Code.
The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, The SAS ECOMTIME Company cannot in any case be held responsible:
- any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
- a malfunction, unavailability of access, improper use, improper configuration of the Customer's computer, or the use of a browser little used by the Customer;
- the content of advertisements and other external links or sources accessible by Customers from the Site.
The photographs and visuals of the Products presented on the Site have no contractual nature, the responsibility of the Seller cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if the latter are incorrect or incomplete.
Article 10 - Intellectual property rights
All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being limiting, is strictly prohibited and akin to counterfeiting.
Any Client who is guilty of counterfeiting would be likely to have their account deleted without notice or compensation and without this deletion being able to constitute damage, without reservation of any subsequent legal proceedings against them, on the initiative of the Seller or his agent.
The brands and logos contained on the Site may be registered by The SAS ECOMTIME Company, or possibly by one of its partners. Anyone performing their representations, reproductions, nestings, diffusions and reruns incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 11 - Independence of clauses
If a provision of the GTC is deemed illegal, void or for any other unenforceable reason, then this provision will be deemed severable from the GTC and will not affect the validity and applicability of the remaining provisions.
These CGV replace all previous or contemporary written or oral agreements. The T & Cs are not transferable, transferable or sublicensable by the Customer himself.
A printed version of the GTC and all notices given in electronic form may be requested in legal or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTCS must be written in the French language.