Terms of sales
The general terms and conditions detailed below (hereinafter referred to as the “Terms and Conditions”) apply to any user (hereinafter referred to as the “Buyer” or the “Customer”) of the www.mcsapparel.com website. , published by SAS CentralWay, 112 rue Réaumur, 75002 Paris, registered with the Trade and Companies Register of Paris under the number RCS B 394 679 690, SIRET 394 679 690 000 62, hereinafter the “Seller” or the ” Society “.
The Company can be reached by email by clicking on the contact form accessible via the homepage of the website or directly at firstname.lastname@example.org
PREAMBLE The Seller is a publisher of textile products, exclusively for consumers, marketed through its website https://www.mcsapparel.fr (hereinafter referred to as the “Site”). The list and description of the goods and services offered by the Company may be consulted on the aforementioned sites (hereinafter referred to as the “Products”).
Article 1: Object These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
Article 2: General Provisions These General Conditions of Sale (GTC) apply to all sales of Products, made through the Company’s Internet sites which are an integral part of the Contract between the Buyer and the Seller. Any order placed on the Site implies the unreserved acceptance by the Customer of these Terms and Conditions. The Customer also agrees to comply with the Terms and Conditions as soon as he accesses the Site. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These General Terms and Conditions are available on the Company’s website at the following address: www.mcsapparel.fr. The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares that he / she has read all of these General Conditions of Sale and, where applicable, the Special Conditions of Sale relating to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price The prices of the products sold through the Internet sites are indicated in euros all taxes included (VAT + other possible taxes) on the pages of descriptions of the Products and on the order page of the products, and without specific expenses of shipping. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the relevant local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company’s websites are the responsibility of the Customer. If applicable, also the delivery costs.
Article 4: Conclusion of the contract on line The Customer will have to follow a series of steps specific to each Product offered by the Seller to be able to carry out his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if any of its options and indication of the essential data of the Customer (identification, address …); ➢ Acceptance of these General Terms of Sale. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Followed instructions for payment, and payment of products. ➢ Delivery of products. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Customer. For the purpose of successful completion of the order, and in accordance with Article 1366 of the Civil Code, the Customer undertakes to provide its truthful identification. The Seller reserves the right to refuse the order
Article 5: Products and services The essential characteristics of the goods, services and their respective prices are made available to the Buyer on the Site. The Customer certifies that he has consulted in detail the delivery charges as well as the payment, delivery and contract performance conditions. The Seller undertakes to honor the Customer’s order within the limit of the available Products only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the products’ offer and their prices are specified on the Company’s websites. Except under special conditions, the rights granted under the present conditions are only to the physical person signing the order (or the person holding the email address communicated).
Article 6: Retention of title clause The products remain the property of the Company until full payment of the price. The Buyer bears the risk of loss or damage of the Products, upon payment of the full price. However, if the complete payment of the price has not occurred before the receipt of the Products, the Buyer bears the risk of loss or damage, including those subject to retention of title, upon receipt by the Purchaser or any third party who has been designated by the Buyer.
Article 7: Terms of delivery The products are delivered to the delivery address that was indicated during the order and within the time indicated. This time does not take into account the time of preparation of the order. In case of delayed shipment Go to “Contact” ► Describe your problem and we will take care of it. In case of late delivery exceeding 30 days, the Customer has the possibility to resolve the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller proceeds to the refund of the product and expenses “go” under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a contact point by email in the “Contact” section for order tracking if necessary. The Seller reminds that as soon as it is fully paid, and at the latest when the Customer physically takes possession of the Products, the risk of loss or damage to the Products is transferred to him. It is the responsibility of the Customer to notify the carrier of any reservations about the delivered product and to contact the Customer Service of the Seller the same day, it being specified that no claim will be admissible if the delivery order is signed.
Article 8: Availability and presentation Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In case of unavailability of an article for a period of more than 7 working days, you will be immediately informed of the foreseeable delivery times and the order of this article can be canceled on simple request. The Customer may then request a credit for the amount of the item or refund.
Article 9: Payment Payment is due immediately to the order, including for pre-order products. The Customer can pay by credit card or paypal. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The transmitted information is encrypted in the state of the art and can not be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information. The commitment to pay given by card is irrevocable. By giving his bank details at the time of the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal owner of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.
Article 10: Withdrawal period In accordance with Article L. 121-20-12 of the Consumer Code, the consumer has a period of fourteen calendar days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except, where applicable, return charges. The withdrawal period runs from receipt for goods. The right of withdrawal can be exercised by contacting the Company as follows: Go to the section “Contact” ► Print the return slip and paste it on your shipment. We will refund you in full if the items you return are not damaged. The price of the product (s) purchased and the shipping costs will be refunded and the return costs are the responsibility of the Customer. We inform Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal can not be exercised for items purchased on the site mcsapparel.fr. Returns of products are to be made in their original condition and complete (packaging, accessories …) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, Go to “Contact” ►Print the return form of your order ► Send us your product by post in the original packaging. We will then refund you in full. Return shipping costs are entirely the responsibility of the Customer. Refund procedure: The credit card used will be re-registered following the return of the merchandise and verification that the product is in accordance with the return process.
Article 11: Guarantees According to the law, the Seller assumes two guarantees: of conformity and relative to the hidden defects of the products. The Seller reimburses the Buyer or exchanges the products apparently defective or not corresponding to the order made. The request for reimbursement must be made as follows: Go to “Contact” ► Give details of your problem ►Print the return voucher of your order ► Send us your product by post in the original packaging . We will then refund you in full. Return shipping costs are entirely the responsibility of the Customer. The Seller reminds that the consumer: – has a period of 2 years from delivery of the goods to act with the Seller; – may choose between replacement and repair of the goods subject to the conditions provided by the article apparently defective or not corresponding to the order made; – is exempted from proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good; can also assert the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the resolution of the sale or a reduction of the price
For the purposes of informing consumers and in accordance with legal requirements, the provisions of the Civil Code and the Consumer Code are reproduced below: Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the sold which renders it unsuitable for the use for which it is intended, or which diminishes the use so much that the buyer would not have acquired it, or would have given a lower price if he had known . Article 1648 of the Civil Code: The action resulting from latent 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 from the date on which the seller may be discharged from apparent defects or defects of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-4 of the Consumer Code: The property is in conformity with the contract: 1 ° If it is fit for the usual expected use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable property, a discount warranty coverage, any downtime of at least seven days is in addition to the remaining warranty period. This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 12: Intellectual property rights Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No assignment of intellectual property rights is carried out through these GSC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force Majeure The performance of the Seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The Seller will notify the Customer of the occurrence of such an event as soon as possible.
Article 14: Nullity and modification of the contract If one of the stipulations of the present contract was canceled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parts. Any contractual modification is valid only after a written agreement signed by the parties.
Article 15: Protection of personal data In accordance with the applicable law, you have the right to query, access, modify, oppose and rectify the personal data about you, via the e-mail address: contact @ mcsapparel.fr. By adhering to these general conditions of sale, you agree that we collect and use this data for the realization of this contract. We only keep your data as long as necessary to perform our services or as required by law.
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Article 16: Applicable law All the clauses appearing in these general conditions of sale, as well as all the operations of purchase and sale which are referred to there, will be subjected to the French right.