These general conditions of sale (hereinafter “GTC”) apply to all orders for products sent by the Client, a legal person or a professional physical person acting in the context of his main professional activity (hereinafter referred to as “GTC”). Client “) via the website www.madelin-sa.com (hereinafter” Website “) to the company MADELIN SA – a public limited company with a capital of 100 000 euros, registered at the RCS of Angers under the number 402 874 895, whose head office is ZAC du Moulin Marcille 49130 Les Ponts de Cé, taken in the person of Mr Frédéric MADELIN as President (hereinafter the “Seller”).
2. Sales between professionals
The products sold on the site www.madelin-sa.com are exclusively intended for professionals that is to say any natural or legal person, public or private, who acts for purposes within the scope of its commercial, industrial activity, artisanal or liberal and for which the order falls within the scope of its main activity.
The Customer must make use of the products only in the context of his professional activities.
The Seller’s products can therefore only be purchased and used by professionals acting in the course of their professional activities.
3. Activities of the parties and scope of the GSC
The Seller specializes in the design and selling of locksmith, building, safe and automotive tools, including online. These GSC are part of this activity.
The Customer acknowledges and declares that the object of the order addressed to the Seller falls within the scope of his main professional activity.
The GTC does not apply to the Seller’s training organization activity. Training is the subject of separate agreements.
4.Consistent use of products
The products sold by the Seller may only be used as part of the Customer’s main business activity and must be used in accordance with the purpose for which they are intended.
The Seller cannot be held responsible for the consequences (personal injury, material, immaterial …) of a breach of the Customer in this respect.
The Customer shall not use any of the products sold by the Seller for directly or indirectly illegal purposes. As such, in particular (non-exhaustive list), the Customer undertakes not to use the Products of the Vendor for the purposes of violation of Article 226-4 of the Penal Code.
Seller is not responsible for any improper use of the products.
5. Acceptance of the GSC
Validation of an order via the Website implies the acknowledgment and prior acceptance of the GTC. Before confirming his order, the Customer is invited to click on the hypertext link presented to take acknowledgment of the terms of the GTC. The Customer confirms his acceptance of the GTCS, after reading, by ticking the box.
Any comments or writing of any kind sent by the Customer to the Seller simultaneously or after the sending of the order shall only be binding on the Seller if they have been expressly accepted in writing by the Seller. The Seller recommends to the Customer to print and / or register and keep the Terms and Conditions applicable to his order.
6. Modification of the GTC
The terms and conditions are subject to change. The terms and conditions applicable to an order are those in force on the day of the validation of the order.
The prices of the products are indicated on the Website in euros EXCLUDING TAXES. They include the cost of processing the order.
Prices do not include:
- applicable taxes: at the Customer’s expense, according to the rate in effect on the day of the order.
- taxes and customs duties: at the Customer’s expense. These fees and taxes vary depending on the order and the country of delivery. They are not determined by the Seller and are added to the prices paid to the Seller. It is the Customer’s responsibility to inquire about his obligations as such.
- delivery costs: at the Customer’s expense. See indication below.
The price offers are valid only in the double limit of the validity period of the offer concerned and the available stocks.
8. Availability of products
The products presented on the Site are available, unless otherwise specified, as long as they are presented on the Site. In case of unavailability of a product after placing the order, the Customer will be informed and refunded the corresponding price as soon as possible.
9. Order procedure
9.1. Creating a customer account
Before any order and if he does not have one, the Customer must proceed to the creation of a “customer account”. For this, the Customer must click on the tab: “My account”. The Client must then follow the instructions until the finalization of the account creation procedure.
Login credentials are provided by the Seller. The Customer is responsible for maintaining his login credentials (email address and password). This information is confidential and non-transferable. In case of loss of his password, the Customer is invited to click on the tab “Forgotten password? And follow the procedure to completion.
When he has a customer account, the Customer identifies himself from the “My Account” tab or “Log In” before starting his order.
9.2. Product selection
The Customer makes his selection by browsing the pages of the Website. The selections are added to the basket when the Customer clicks on “add this product to the basket”. At any time of the browsing on the Website, the Customer can validate his order by clicking on “confirm my order”.
9.3. Verification of the order
When the Customer clicks on “confirm my order”, a confirmation message appears. It summarizes all the products and options selected. The Customer must check in this order form all the information transmitted, including all items useful for delivery (delivery address, digital code access, telephones …).
9.4. Acceptance of the personal data policy and the GSC
If the Customer does not need to modify the form, he is then invited to read:
- the policy relating to personal data. If he accepts it, he must check the box “I have taken knowledge of the policy on personal data and I accept it”. If he does not wish to accept it, the Customer will not be able to validate his order.
- After acceptance of the personal data policy, the Customer is invited to read these GTCS. If he accepts them, he must check the box “I have read the general conditions of sale and I accept them”. If he does not wish to accept the GSC, the Customer will not be able to validate his order.
To continue the order, the Customer must then click on “pay my order”. After payment on the secure server (see “payment procedure” below), an acknowledgment is displayed. He confirms the registration of the order and informs the Customer that an electronic confirmation message will be sent to him as soon as possible.
The order cannot be processed and delivered without full payment.
10. Payment procedure
Accepted methods of payment are:
- Credit cards issued by banks domiciled in France: CB, Visa, MasterCard, American Express
- international bank cards if the issuing bank is not domiciled in France
In case of payment by credit card: the amount of the order is debited upon validation of the acceptance of payment via the secure payment service. The Seller reserves the right to refuse or cancel a payment (and consequently an order) if the Customer’s bank does not offer the “3D Secure” service. In this hypothesis after validation of the order, the Seller sends the Customer, by e-mail, a request for additional information to verify the information provided by the Customer. Failing response for a period of 3 calendar days, the payment will be refused and the order will be cancelled.
For a credit card payment, the Customer is directed to the secure payment platform of the Website. Payment is made on Banque Populaire Atlantique’s secure banking servers. Consequently, no banking information concerning the Client passes through the Website. Payment by credit card is secure.
The order is recorded and validated upon acceptance of the payment by the bank.
In case of payment by PayPal: In case of payment via PayPal, the Customer must select “PayPal” as a payment method then click “Continue”. At this stage, two possibilities are available to the Customer:
- The Customer already has a PayPal account: he logs in with his credentials to confirm the payment.
- The Customer does not have a PayPal account: he can still pay by credit card on the PayPal page or choose to create a PayPal account.
If, for any reason, the order must, in whole or in part, be refunded by the Seller, the refund will be made via the Customer’s PayPal account.
11. Deadlines, fees and delivery terms
11.1. Place of delivery
The Products sold on the Website are available in the following territories: Worldwide, subject to customs restrictions and embargoes.
The products are delivered to the address indicated on the order form. The Seller is not responsible for any difficulties that may arise from an error / omission of the Customer concerning the indication of the delivery address.
11.2. Terms of delivery and risk transfer
Products travel at the risk of the Customer, even in the case of free shipping. Depending on the quantity of products ordered, the Seller reserves the right to divide the delivery into several items (partial deliveries).
11.3. Indicative shipping and delivery times
The indicative shipping times are 48h (subject to availability). The indicative date of delivery is recalled in the order confirmation. The delivery date is indicative. Any delay may not, except gross fault of the Seller, open right to cancel the corresponding order.
In case of delay in delivery and when possible, the Seller informs the Customer by email as soon as possible and announces a new indicative date of delivery.
11.4. Shipping cost
The delivery costs are calculated according to the weight of the order and the place of delivery. The prices are indicated after finalization of the basket and before validation of the order. The Customer is invited to check the amount of shipping costs before confirming his order.
11.5. Tracking the order / delivery
To know the progress of the processing of his order and delivery, the Customer can contact Seller by phone from Monday to Thursday from 8h to 13h and from 14h to 18h, and Friday from 8h to 12h and from 14h to 17h (French hours, excluding public holidays) on +33 2 41 33 19 20 (price of a local call from France) or via the “contact us” section of the Website. The Customer must indicate the references of his order for any information. The references are mentioned in the order confirmation.
The Customer undertakes, upon receipt, to check the quantity and quality of products before taking delivery.
All visible defects (including errors of reference and missing products) must be mentioned on the transport receipt and be confirmed to the carrier by registered letter with request for a receipt within five working days after the receipt of receipt. the reception. The signed receipt must imperatively be returned to the carrier at the time of delivery.
In the event of apparent defect, the Customer sends the Seller a complaint by registered letter with acknowledgment of receipt within FIVE working days from receipt of the order.
After this period, no claim other than that covered by the legal warranty will no longer be admissible.
13. Legal warranty
The Seller undertakes to deliver the products in accordance with their technical specifications (as described on the Website) and the applicable legal rules.
The products sold on the Website benefit from the legal guarantee of hidden defects under the conditions and limits of articles 1641 and following of the Civil Code. The costs of sending the product concerned to the Seller are the responsibility of the Customer.
14. After Sales Service
Some products have, in addition to the legal warranty, an after-sales service of 10 years (subject to availability of parts). A mention “Service” and the conditions of the service are described in the descriptive card of the products concerned.
If the repair or replacement corresponds to the implementation of the legal warranty, the service is performed at the expense of the Seller.
For any repair service outside the legal warranty and when the product bears the mention “Service”, the Customer benefits, within the limits of the duration of the service, a service after sale of repair under the following conditions:
- The Customer sends the product to the Seller at his own expense for diagnosis and estimate
- If the Product is repairable, a preliminary estimate is communicated to the Customer.
- After acceptance of the quote, the service is performed within the time mentioned in the quote and the Product is returned to the Customer. Return costs are included in the price of the service.
- In case of refusal of the quote, the Product is returned to the Customer at the expense of the latter and disassembled (if it is necessary to disassemble the product to diagnose the defect and establish the quote).
15. Archiving and access to the contract
Orders over 120 euros (excluding VAT) are archived by the Seller in a secure manner and for a period of THREE years. To access his archived orders, the Customer may send a request to the Seller: MADELIN SA ZAC Moulin Marcille 49130 Les Ponts de Cé – France.
16. Obligation of means
Unless otherwise stated or public policy rule, the Seller’s obligations towards the Customer are obligations of means.
The Seller reserves the right to subcontract all or part of the execution of orders, which the Customer accepts. Subcontracting is, where appropriate, carried out at the risk and expense of the Seller.
For any request or complaint, the Customer can contact the customer service of the Seller: +33 2 41 33 19 20 from Monday to Thursday from 8h to 13h and from 14h to 18h, Friday from 8h to 12h and from 14h to 17h, French hours and non-public holidays (price of a local call in France).
19. No right of withdrawal
Internet sales between professionals do not benefit from the legal right of withdrawal.
20. Personal data
The rules applicable to personal data are the subject of a separate act, subject to the knowledge and acceptance of the Customer before any order.
If a part of the GTC was to be void as a result in particular of a court decision become final or the entry into force of legal or regulatory provision; the provisions concerned shall be deemed unwritten without affecting the validity and the binding force of the other provisions.
22. Force majeure
The Parties are not responsible for the non-execution or delay of execution resulting from force majeure within the meaning of Article 1218 of the Civil Code. In the event of an event of force majeure, the Party whose contractual obligations are affected shall inform the other Party as soon as possible in the light of the situation. The affected contractual obligations are suspended for the duration of the event of force majeure. Other obligations of the Parties shall be maintained to the extent practicable.
23. Litigation / applicable law
Any dispute between the Customer and the Seller regarding the validity, performance, non-performance, termination, of any order and / or the GSC will be within the jurisdiction of the courts of the jurisdiction of the Tribunal de Grande Instance of Angers ( France) including in case of multiple defendants and emergency procedure.
The court will apply French law (rules of jurisdiction and substantive rules) to the exclusion of rules of conflict of laws, directives and conventions likely to lead to the application of another regulation.
These Terms and Conditions are subject to French law to the exclusion of conflict of laws rules, directives and agreements that may lead to the application of another regulation.
Posted on July 06, 2018.