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PREAMBLE

The General Terms and Conditions of Sale set out herein are applicable to legal operations in connection with products commercialised by Créations MX Factory to its clients on its virtual boutique.

DEFINITIONS :

  • Internet shop : shall designate ‘s Internet site on which the Products are presented and sold to clients.
  • Ordering : shall designate the sales contract concluded between and the client of ‘s Internet Boutique.
  • Product details : shall designate all existing information pertaining to a product furnished by at the time said product is marketed on the Internet Boutique.
  • Products : shall designate all goods and services sold by Créations MX Factory on its Internet Boutique.
  • Service : désigne la vente de Produits par Créations MX Factory aux clients de sa Boutique internet.
  • Transaction : means all the operations, secure processing, authorisations and agreements involved in paying for Products ordered by bank card.

ARTICLE 1 - PURPOSE

The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which Créations MX Factory offers and sells its Products to its customers. These general terms and conditions of sale shall prevail over any other terms and conditions appearing in any other document, unless a prior, express and written waiver has been granted.

ARTICLE 2 - ACCEPTANCE OF CONDITIONS

The Customer acknowledges having read and understood these General Terms and Conditions of Sale at the time the Sales Order was placed, and expressly declares having accepted them unreservedly. These General Terms and Conditions of Sale govern the contractual relationship between Créations MX Factory and its customer, and are accepted unreservedly by both parties.

ARTICLE 3 - PRODUCTS

The majority of the products offered by Créations MX Factory to its customers are immediately available. However, all the products marketed by Créations MX Factory may or may not be sold online.

ARTICLE 4 - ORDERING

The automatic registration systems are considered as proof of the nature, content and date of the Sales Order. Créations MX Factory will confirm the acceptance of the Sales Order by sending a confirmation message to the e-mail address indicated by the client. The sale will only be concluded once the said order confirmation has been sent.

Créations MX Factory reserves the right to refuse or cancel any Sales Order placed by a client, notably in the event of the client's insolvency or in the event of non-payment of the Sales Order in question or a previous delivery, or in the event of a dispute relative to the payment of a previous Sales Order.

ARTICLE 5 - DELIVERY

Once the Sales Order has been confirmed, and subject to full payment of the Product(s) ordered by the client, will ship the Product(s), under responsibility, to the client or recipients address within workdays. All Products set out in the Sales Order transmitted to are strictly reserved for personal use by the client or the recipient explicitly mentioned under the recipient address information.

If necessary, the customer undertakes to pay upon receipt, all taxes, rights, levies and other current or future charges due on the delivery of said Products themselves; it being understood that Créations MX Factory shall in no way be held responsible for making said payments. Customers or recipients of the Products shall refrain from any partial or total resale of the Products.

Delivery will be made by La Poste Suivi or colissimo at our convenience. Our delivery rates are available by clicking in the left-hand column of our site.

In the event of a delay in delivery of more than seven (7) days, the Customer may, if he so wishes, and except in cases of force majeure, terminate the sales contract by registered letter with acknowledgement of receipt. However, this right must be exercised within sixty (60) working days of the delivery date initially stipulated in the contract.

On receipt of the Products ordered, the customer or recipient must check that the goods delivered are in good working order and must familiarise themselves with the conditions of use set out in the instructions provided. Should one or more of the Products ordered be missing or damaged, the customer or recipient must make any necessary reservations with the carrier at the time of delivery.

In the event of visible defects, the Customer shall be entitled to return the Product(s) in accordance with the conditions stipulated in the instruction manual. For reasons of availability of the Products ordered, an Order may be subject to several successive deliveries to the customer. Should the client require delivery of the Products ordered to two different addresses, it will be necessary for the client to place 2 separate Sales Orders.

ARTICLE 6 - RETRACTION

The customer has 7 days from receipt of the Products ordered to return said Products to Créations MX Factory for exchange or reimbursement. In this case, the customer must return the new Products, intact, accompanied by any accessories, user manuals and documentation to the following address:

Créations MX Factory
40 Grande Rue – 54170 Barisey-la-Côte

If the right of withdrawal is exercised, Créations MX Factory undertakes to reimburse the sums paid by the customer, free of charge, with the exception of the cost of returning the goods. The refund is due within a maximum of 14 days.

ARTICLE 7 - PRICES

The price is expressed in euros. The price indicated on the Product Sheets does not include shipping costs. The price indicated in the Order Confirmation is the final price, inclusive of all taxes and including VAT. This price includes the price of the Products, the costs of handling, packaging and storing the Products, and the costs of transport and commissioning.

ARTICLE 8 - PAYMENT

The price invoiced to the Client is the price indicated on the Sales Order confirmation sent by Créations MX Factory. The price of the Products is payable in cash using one of the methods of payment available on the Site on the date the Sales Order is placed. The Sales Order validated by the client shall only be considered effective once the secure bank payment centre has given its agreement to the transaction and, where applicable, once the insurer has accepted responsibility for the risk.

ARTICLE 9 - APPLICABLE LAW

These general terms and conditions of sale are governed by French law.

ARTICLE 10 - LIABILITY

Créations MX Factory shall not be held liable for any damages of any kind, whether material, immaterial or bodily, which may result from improper functioning or improper use of the Products marketed. Créations MX Factory's liability shall in any event be limited to the amount of the order. In the event of difficulties in the application of this contract, the customer and Créations MX Factory reserve the right, before any legal action, to seek an amicable solution. Failing this, for professional customers, the Tribunal de Commerce de shall have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.

ARTICLE 11 - GUARANTEE

In all cases, Créations MX Factory may not be held liable for failure to comply with the regulatory and legislative provisions in force in the country of receipt. The liability of Créations MX Factory shall be systematically limited to the value of the Products held liable at the date of sale, with no possibility for filing claims against the brand name or Product manufacturer. The customer may contact customer service by telephone or by e-mail at the following address contact@creationsmxfactory.fr.

Answer: 48 hours.

ARTICLE 12 - LEGAL INFORMATION

The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and delivery of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the Order not being validated.

In accordance with the French Data Protection Act (Loi Informatique et Libertés), the processing of personal data relating to customers has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL).

The customer has (Article 34 of the law of 6 January 1978) a right of access, modification, rectification and deletion of the data concerning him/her, which he/she may exercise by contacting Créations MX Factory. Furthermore, Créations MX Factory undertakes not to communicate, whether free of charge or in return for payment, its customers' contact details to a third party.

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