The General Terms of
Sale hereinafter aim at defining the execution terms and conditions of the sales agreement between the Company MADECO (ôthe Vendorö) and ôthe Customerö.
The complete identity of the Vendor is available in the legal notice from the website homepage.
They notably define the modalities of purchase, payment, delivery and the set-up instructions for the products sold (particularly blinds), hereinafter referred as ôthe Productö and shall apply without reserve to all on-line transactions.
The Product is sold via the Internet website www.madeco.fr (ôthe Websiteö).
It can be accessed by private individuals in France , Belgium and Luxembourg .
All orders from other countries shall demand a preliminary estimate bound to specific approval.
The Customer needs have the entire legal capacity to place an order in his own name on the Website.
CLAUSE 1. - PRODUCT DESCRIPTION
1 .1. The Vendor created all the models available on the website.
The Blind type Product fits every type of standard window (hereinafter called ôthe Productö).
This Product comes in different sizes and names and is available in various colours.
1.2. The Vendor is the owner of all copyrights bound to the presented models.
The Product took benefit from a high end manufacture and every model is conform to European regulations.
Every Product is checked before postage in compliance with our quality control process.
Nevertheless, the Vendor shall not be held liable for any unusual use or a use which would not comply with the ProductÆs original purpose or a use which would harm the Product, especially an inappropriate use of the Product or a use which would not comply with the use or maintenance instructions.
1.3. The Vendor sells quick-assembly Products for indoor and/or outdoor use, according to the models.
1.4. All the essential features of the Product can be easily consulted on the Website.
The photographs and colours proposed on the Website shall not be considered by the Customer as having any binding effect.
Nevertheless, the Vendor shall bring all essential care to propose the closest possible reproduction of the Product.
CLAUSE 2. - ORDER
The order of the Product available on the Website is made in several steps:
1. The Customer selects the Products on the Website or in the catalogue
2. The Customer can select the model (size, standards, colours) by incorporating it in My selection.
3. He can then incorporate the Product(s) to order in his Customer account (the basket).
4. He places the order and checks the selected Product(s), quantities, price lists, colours, shipping fees, and finally the all taxes included price in euros.
5. He checks also the delivery address and the billing address, if different.
6. He then arranges the payment of the order.
By order validation, the Vendor e-mails the Customer an order summary with details dealing with the Product, its features and all taxes included price.
Remember that the final price is set in euros all taxes included, and includes the Product, its standard accessories and shipping and handling fees.
2.3. In case of a temporary or definitive unavailability of the Product, be it total or partial, the Customer shall be given notice via e-mail under 48 worked hours (Monday to Friday) as a response to his order or estimate. In any case, a Product can be declared available in the confirmation e-mail and be unavailable in the minutes following because of the particularity of online ordering.
In this case, the Customer shall receive in the 48 worked hours a proposal for a similar Product or the cancellation of the order.
The cancellation of the order leads to the refund of the Customer by cheque in case of a payment by cheque.
CLAUSE 3. - TERMS OF PAIEMENT
By the validation of its order, the Customer shall have the choice to pay
* by bank draft or postal cheque written to MADECO and addressed to MADECO NET, service comptabilite, 7 rue Nationale, BP 59, 59710 Pont-a-Marcq.
In this case, the order shall not be dispatched less than five (5) worked days after the cheque cashing date.
* by credit card, payment secured by a SSL (secure socket layer) module..
CLAUSE 4. - DISPATCH
4.1. The Vendor shall deliver the CustomerÆs order upon completion and within thirty (30) days upon order receipt, subject to full payment of the agreed price (the starting point of this period shall be the date of payment by credit card or the cheque receipt date).
The Product is send in one time, when the order is full.
4.2. In case the Product should be unavailable after the order is placed, the Vendor would propose a similar Product to the Customer, as mentioned in clause 2.3.
In case of a partial unavailability, or in case of a cancellation of the order, only unavailable Products shall be refunded.
In that case, the Vendor shall refund all relevant cashed payment within a maximum thirty (30) day period from the cashing date.
4.3. The Product shall be delivered by carrier, at the VendorÆs choice, and according to the volumes to be dispatched.
The Customer shall provide the Vendor with all necessary information relative to his address, including, when relevant, the digital lock code affording access to the building, as well as a valid phone number.
4.4. At the time of home delivery, the Customer shall be compelled to check that the delivery is conform to the order with the delivery man.
As far as the carrier delivery is concerned, if a calling card is edited and the Product is collected at the Carrier office, the Customer shall take the same checkouts before signing the remittance slip.
In case the Product should not be conform, the Customer is due to refuse it and fulfil a bad order report from the carrier is bound to provide.
As for carrier delivery, the refusal shall be accompanied by the reservation explaining the reasons for not accepting the parcel(s).
Anyway, the Customer shall notify the Vendor via e-mail within 24 worked hours at contactnet@madeco.fr with customer reference, order number and a precise description of the observed defect or anomaly.
If the delivery is not conform or if the Product is delivered in bad condition, the Vendor shall proceed to the refund of paid amounts not withstanding any resort against the carrier.
If the Product is returned to the Vendor without a reason, no refund shall be granted. The Vendor shall then keep the Product for fifteen (15) days for the Customer, who shall have the opportunity to ask for it to be dispatched again, after paying the new shipping and handling fees.
If the Customer accepts the parcel and signs the receiving slip, the delivery and the Product shall be deemed conform to the order and in good condition.
4.5. In case the delivery should not take place within the above mentioned thirty (30) day period, the Customer shall have the opportunity to ask for the refund of the owed amount by sending a certified letter with acknowledgement of receipt.
The Vendor shall then proceed to refund of the already paid owed amount plus the cost of the certified letter at the lowest insurance rate, within the month following the date of payment by the Customer of such amount.
CLAUSE 5. - CANCELLATION
The Customer shall have seven (7) clear days from the reception date of the Product to exercise his right to cancel.
In such a case, he shall be bound to return the Product(s) in its (their) original packaging(s) to the Vendor at his own expenses.
This right shall not apply for any impaired or soiled Product. In such a case, the Vendor shall then keep the Product for fifteen (15) days for the Customer, who shall have the opportunity to ask for it to be dispatched again, after paying the new shipping and handling fees (8,50 euros).
CLAUSE 6. - PROPERTY
The Vendor reserves the entire property for the Products sold until full payment of the price, principal and accessory, including taxes and fees.
CLAUSE 7. - PROOF AND SIGNATURE
7.1. The order validation and the acceptance of these general terms of sale shall commit the Customer and prove his acceptance of the buying act, in compliance with the provisions of articles 1316 et seq from French Civil code.
7.2. The proof of order and the CustomerÆs electronic signature shall be stocked on the VendorÆs Website hostÆs server, the dates and hours of which shall have probative force.
7.3. The Vendor reserves the right to lay down cookie-type files for service customizing purposes.
A cookie is a small text file placed on your hard disk drive by a website server.
It cannot infect your computer and can only be read by the VendorÆs server.
CLAUSE 8. - LIABILITY
8.1. The Customer is liable for the assembly, installation or maintenance, and he commits himself to scrupulously respect the strict instructions given by the Vendor in the assembly and maintenance instructions that come with the Product.
The Vendor shall not be held liable for any consequence arising from the lack of respect of the assembly or checking instructions, whatever their severity.
8.2. The Customer commits himself to provide the Vendor with sincere data, dealing notably with his identity, name and address, the delivery address and his e-mail address.
Remember that identity usurpation will result in civil liability.
8.3. The Vendor shall not be held liable for the difficulties relative to the Internet, especially for the impossibility to connect to the Website or in case of a noticeable drop of bandwidth.
He shall not be held liable either for any contractual non-performance caused by a third party, and notably the unavailability of electrical energy, or by any case of force majeure set forth in the jurisprudence from the Court of cassation.
In particular, the Seller's liability can be incurred in case of hacking all or part of the Website and the damage that piracy could result in respect of the Customer or in respect of one third.
8.4. It is agreed that the Vendor shall not be held liable for any minor defect that could appear on the Product, not because of a bad manufacture, but of the specific character or nature of the material used to make the Products (e.g.: wood).
The Customer thus accepts not to hold the Vendor liable for, but not limited to, the delivery of a Product of slightly different colours or with a slightly different aspect as compared with the Website visual.
CLAUSE 9. - PERSONAL DATA
9.1. The personal data gathered on the Website have been declared to the French Data Protection Authority and recorded under nr 1280276.
9.2 Under articles 38, 39, 40 and 43 of the French law of January 6th 1978, modified by the law of August 6th 2004, the Customer is granted the right to access, modify, edit or delete his personal data by sending us an e-mail at contactnet@madeco.fr, including his full name and address as well as his customer reference, and explaining precisely the purpose of his request.
Any unclear or ambiguous request shall not be considered.
9.3. Any Customer placing an order shall automatically subscribe to the newsletter which will be sent to the e-mail address provided by the Customer. The latter can, at any time, unregister according to the terms mentioned in every newsletter.
CLAUSE 10. - LEGAL VENUE
10.1 Transfer
This agreement shall not be totally or partially transferred, whether it be against payment or free of charge, without prior and express consent from the Vendor.
10.2 Entirety and Contradiction
Both this agreement between the Vendor and the Customer and the confirmation e-mail express all the obligations of the parties.
No document, be it technical, promotional or commercial, provided in hard or electronic copy, can entail obligations under this agreement.
10.3 Tolerance or Waiver
It is formally agreed between the Customer and the Vendor that any tolerance or waiver from one or the other party, in the application of all or part of the planned commitments to this agreement, whatever their frequency and length, shall not modify this agreement nor produce any right.
More precisely, no delay, inaction, abstention or omission from the Vendor while exercising any of his duties under this agreement shall harm these rights, nor shall they be considered as entailing any waiver of his right.
10.4 Partial Non Validity
If one particular provision in this agreement is considered or deemed non valid as the result of a definitive decision by a competent jurisdiction, the other provisions will nonetheless retain their enforceability and impact.
10.5 Dispute Settlement
In the case any dispute should arise between the Parties because of the execution or interpretation of this agreement, the Parties agree, before they enter any legal action, to search for an amicable agreement through conciliation along with a formal notice.
Failing this, the dispute shall be settled legally, pursuant to French law.
For any professional, the competent jurisdiction shall be the Tribunal de Commerce of Lille.
The Customer is informed that these provisions can be modified by the Vendor at any time, according to the evolution of the laws or the ProductÆs characteristics.