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TERMS AND CONDITIONS

 

Terms of Sales

Ma-mascotte

Attention – Disclaimer

 

Please read these terms and conditions carefully before using the services offered by the company Nigule SARL .

These general conditions define the conditions and the legal obligations related to the subscription of the services proposed and provided by the company nigule sarl , from the website ” www.ma-mascotte.com “.

Any use and / or use of the services offered by the company implies the unconditional acceptance of these terms and conditions. the sole fact of using these services entails the outright acceptance of these terms and conditions, which the customerexpressly declares and acknowledges. 

The use of the service is exclusively reserved for people able to take out contracts under French law.

 

  1. Legal Notice

 

 

Publisher of the Website

 

The website accessible at www.ma-mascotte.com (hereinafter the ” Website ” or the ”   Site   “) Is published by the company nigule, limited so ciety, with capital of 6,500 euros, registered with the RCS Chartres under number 530 962 745 00036, whose registered office is located 3 Clos Gourdez, 28630 Morancez, including the VAT number is FR31530962745 (Ci -after designated “the Company “).

 

CNIL Declaration   :

 

The Website has been the subject of the following declarations to the CNIL :

–           Declaration NS48 n 2146341 v 0

 

Customer Contact :

 

–           Email : contact @ ma-mascotte.com

–           Phone   : 09 86879787

–           Mail   : 24 rue Michelet 37000 Tours – France

 

Website Host   :

 

Wevox, Jahon, 43300 Langeac. Such   : 0899 492   350.

 

  1. Object – validation – Acceptance

 

The Customer hereby orders and buys from the Company the Products whose characteristics are determined in the Quote validated by him in the conditions detailed herein.

 

It is specified as necessary, that the Customer can save or print these Terms , provided however that they do not modify them.

 

The version of the GTCS available on the Website shall prevail, as the case may be, on any other version of these presents, with the exception of the modifications which would have occurred after its use of the Services and this, in accordance with the common law.

 

These Terms been updated on 14/03/201 8.

 

Subsequent changes to these Terms and Conditions will be binding on the Customer as soon as they are posted online.

 

  1. Definitions

 

In these GTCS , it is agreed that the following expressions or words, whether used in the singular or the plural, shall have the following meaning:

 

BAT  : refers to the certificate issued by the Company to the Client for signature, once the Quotation has been validated by the Client. The signature of the BAT allows the Customer to validate the visual of the Order .

 

Customer : means any natural or legal person who buys a product offered for sale by the Company.

 

Order   : refers to any order of Products by a Customer, made under the conditions of Article 6 .

 

Quotation   : designates the quotation stating all the Products subject of the Order made by the Customer, as well as the price of the Order, whose signature implies acceptance of these Terms.

 

Fupplier: means any natural or legal person who provides to the Company the Products it offers for sale.

 

Products   : Refers to the mascots, plush toys and goodies and other products are offered for sale by the Company.

 

Price   : refers to the total amount of the Order made by the Customer , indicated on the Quote validated by the Customer . The price of each Product is indicated in euros and does not include delivery charges for the Product.

 

Services   : S denotes the services provided by the Company which are to propose the sale of the product s and advise and assist the Client in determining the characteristics of the products, under the conditions of Article 6.

Website or Website   : means the site published by the Company and accessible at www. ma-mascotte .com ; or peluche-sur-mesure.com   ; peluche-publicitaire.com and mascotte-gonflable.com

 

Society   : means the company nigule, a limited liability company, with a capital of 6,500 euros, registered with the RCS de Chartres under the number 530 962 745 00036, whose head office is located at 3, Clos Gourdez, 28630 Morancez, whose VAT number is FR31530962745 ,which provides the Services and publishes the Website.

 

  1. Verification of the adequacy of needs for services

 

The Customer hereby declares that he has previously verified the adequacy of the Services to his needs.

 

He declares and warrants that he has received from the Company all the information and advice that he needs to subscribe to these General Terms and Conditions of Sale and that he therefore waives any dispute on this point.

 

It is therefore the responsibility of the Customer to verify that the Services offered by the Company are adapted to its needs.

 

The Customer further declares that he has the knowledge, skills and resources, including human and technical, required for the use of such Services.

 

  1. Coming into force

 

These GTC are applicable upon the signature of the Quotation by the Customer under the conditions of Article 6 .

 

The Customer is informed that the Terms will be subject to any time an update in terms of Article 18 hereof.

 

  1. Ordering methods of the products

 

6.1.         Contact form

 

Customers wishing to order Products must   :

–           Either contact the Company at the following address or at the following telephone number

–           Fill out the online contact form and fill in the following information   :

 

Required information   :

 

–                  His name, first name

–                  His email address

–                  His telephone number

–                  His professional or particular quality

–                  The subject of his request

 

Optional information   :

 

–                  Message to the Company

–                  Adding files and / or images to clarify your request

 

6.2.         Determination of the characteristics of the Products ordered

 

The Customer is then contacted again by the Company in order to proceed to the determination of the Products subject of the Order.

 

The Customer undertakes to provide the Company with as much information as possible about the characteristics of the Product that it wishes to achieve, in particular   :

–           Fabrics

–           Cut

–           Color

–           visual

–           Etc.

 

This information will enable the Company to hold as much information as possible on the Product to be produced and to offer the Client a detailed Quotation.

 

6.3.         Acceptance of these Terms and validation Quote

 

6.3.1.        Order Summary

 

An e Once the Customer has informed the Company of the characteristics of the products object of the Order, the Company address to the Customer by email a detailed quote.

 

The Quotation includes information   :

–           The unit price excluding taxes of the Product

–           The quantity of products ordered

–           The total amount excluding taxes of the Order

–           The total amount all taxes included of the Order

–           The visual of the products ordered

 

 

6.3.2.        Acceptance of these Terms and Conditions

 

The fai Quote t also explicitly refer to these Conditions of Sale.

 

Once the Client has read the summary of the Quotation , he must, before being able to validate it, accept the present GSC by ticking the box   :

 

   I expressly declare that I have read the General Conditions of Sale of the Company, available on its Website and accessible at https://ma-mascotte.com/conditions-generales-de-vente/   ; and accept them without any reservation.   

 

and affix his signature under this mention.

 

This step is decisive and the Client can not check this box or sign the Quotation without having first read and accepted all clauses of these Terms .

 

Once this box is ticked and the Quotation signed, the Customer declares to accept fully and without reserve the entirety of the present General Conditions of Sale.

 

6.4.         Good to shoot (BAT)

 

Once the Quotation has been validated by the Client, the Company sends him a TAO.

 

The BAT allows the Customer to be aware of the general appearance and in particular the visual aspect of the Ordered Products, before validation for manufacturing.

 

If the BAT accepts the approval of the Customer, he must return to the Company, by email the BAT duly dated and signed by him.

 

The signature of the BAT by the Customer implies acceptance of the terms of the Order. Therefore, the Customer must imperatively ensure the concordance of his graphic simulation before validation of the BAT   : after signature no change will be possible.

 

The launch in manufacture will be able to be done only at reception by the Company of this BAT dated and signed.

 

Le Bon à Tir aims to validate the general appearance of the product to be produced   ; The launch in manufacturing will only be done upon receipt by the Société du BAT dated and signed.

 

Warning – Disclaimer   :

 

The Company can not guarantee the perfect conformity of the colors of the Product as represented in the BAT to that of the delivered Product.

 

These colors appearing on the BAT are indicative and not contractual. The nearest shades will be used during production.

 

The signature of the BAT implies acceptance of the General Terms and Conditions of Sale (GTC) in their entirety.

 

The Customer must ensure the concordance of his graphic simulation before validation of the BAT   : after signature, no change will be possible and the Company can not be held responsible for any discrepancy.

 

Due to unavoidable technical production constraints,   the Company can not guarantee a 100% identical realization between the content of the graphic simulation and the final product.

 

6.5.         Validation and payment

 

Once the customer has validated the BAT, it must make payment of the price of the order of years the terms of Article 7 below.

 

  1. Financial provisions

 

7.1.         Price of Products

 

The prices of the Products are those indicated in the Quote validated by the Customer.

 

The Customer is informed that it be added to p rice Product delivery charges of the Order, also said s in the Quote.

 

The prices are subject to the French VAT and any change in the legal rate of this vat will be reflected in the price of the Products, on the date stipulated by the relevant implementing decree.

 

7.2.         Payment Terms

 

If typographical price, the C trol will be charged for selling conditions corrected. Company Rates apply to all C lients, on the same date.

 

Prices are fixed by the tariff in force at the date of the completion of the C trol. They always agree on the unit amount excluding taxes and payable in euros.

 

The Company reserves the right to change prices at any time. Product prices are calculated net without discount.

 

C ontrols carried by customers are subject to the accounting department of the Company.

 

Unless otherwise agreed, invoices issued by the Company are payable before the shipment of the goods.

 

Depending on the nature of the Order, a full payment in advance or a deposit of 30% to 50% may be asked to the customer before the beginning of execution of the c trol.

For any invoice remained partially or completely unpaid at its due date, the unpaid amount will be increased by right, without prior notice of late penalties at a rate equal to 3 times the legal interest rate in force in addition to a fixed compensation of 40 € in compensation for the recovery costs.

 

The sums will be increased by 15% by way of damages and interest.

 

Late payment interest shall be due from the day following the settlement date shown on the invoice, in the event that the sums due are paid after that date.

 

Late payment penalties are due following a first written reminder.

 

7.3.         Means of authorized payment

 

The Customer has the choice of several payment methods listed below   :

–           Bank card

–           PayPal

–           Bank transfer

–           Check

 

It is specified that in the case of an Order made outside France, the bank transfer is the only means of payment authorized.

 

 

7.3.1.     Payment by check

 

If the Customer chooses the method of payment by check , it must be issued by a bank domiciled in Metropolitan France and made payable to “Ma-Mascotte”, when the amount of his order does not exceed 2000 euros . It should be addressed to Ma Mascotte, Orders Department, 24 Rue Michelet, 37000 Tours – France .

 

7.3.2.     Payment by bank transfer

 

If the Customer chooses the method of payment by bank transfer, he agrees, once his Order confirmed, to make a transfer to the bank account of the Company whose contact details are mentioned on the Quotation

 

7.4.    Controls

 

The Company reserves the right to verify the personal data communicated by the Customer and to adopt all the measures deemed necessary for the verification of the fact that the person whose bank account is debited is indeed the one who placed the Order, in order to avoid all fraudulent payments.

 

This verification may take the form of a request for proof of identity and / or domicile and / or bank documents (RIB or canceled check).

 

To participate in efforts against fraudulent orders in the case of an order paid by credit card or check, the Company reserves the right to request pre-shipment trol C, proof of identity and proof of domiciliation at the delivery address.

 

If the Customer refuses to provide these supporting documents, the order may be canceled by the Company without notice, which the Customer declares to accept.

 

7.5.    Deadlines and unclear payment

 

7.5.1.        The Customer guarantees that the Company has the necessary authorizations to use the chosen method of payment and that it gives access to sufficient funds to cover all the costs resulting from the payment of the Order.

 

In case of refusal of payment, the transaction will be automatically canceled and the Customer will be informed of this cancellation by sending an email.

 

The computerized records, stored in the Company’s computer systems, under reasonable security conditions, will be considered as evidence of all transactions and payments between the Parties.

 

7.5.2.        The Customer is informed that he has a maximum period of 30 days from the date of validation of his Order to send his payment to the Company .

 

In the event of failure to pay beyond a period of 30 days from the date of the Order, the Company reserves the right to destroy or   market the Products subject to the Order to another customer. Installments paid may be retained to cover potential losses on resale or as compensation for costs incurred.

 

7.5.3.        The Order will only be processed upon receipt of the payment or its collection.

 

When payment is made by check, the manufacturing and delivery deadlines must therefore be calculated from the date of the cashing of the check.

 

7.5.4.        Regulations by “credited” issued by the Company’s services, use of the entire range of P roducts are indeterminate.

 

  1. Transferring product of the property bind

 

The Client is informed that the Company retains the ownership of the Product until the receipt by the Customer of full payment of the price, in principal and accessories, even in the event of granting of payment terms .

 

Any contrary clause, notably inserted in the general conditions of purchase, is deemed unwritten.

 

Installments paid may be retained to cover any losses on the resale or compensation for costs incurred in the event of processing of the products sold by the Company making the exercise of the rights of the Company materially impossible.

 

In the event of payment default and no news from the customer within 30 days, the Company reserves the right to destroy or market the goods to another customer as compensation.

 

Upon receipt of the Order by the Customer, the ownership and inherent risks of the delivered Products are transferred to the Customer.

 

 

  1. The Delivery

 

9.1.         Delivery Methods  Deadline – Zones – Fees

 

The Company offers the Customer different Delivery Methods , including   :

  • Pickup Relay Delivery
  • Workplace delivery
  • Home delivery by appointment
  • Colissimo Without Signature

 

9.2.         A special Provisionslegaltimeframefordelivery

 

9.1.1          Indicative delivery times

 

The Customer is informed that the Company will proceed to the delivery of the Order only after payment by the Customer, except in the case of deferred payment agreed in exceptional circumstances with the commercial department of the Company.

 

Warning – Disclaimer

 

The Customer is informed that the delivery times indicated by the Company for information and informative and in any case depend on   :

 

–           the availability of the Products ordered and their delivery to the Company by its Suppliers,

–           the availability of carriers who deliver the Products.

 

9.1.2          Exclusion of the Company’s liability

 

The Company is of right relieved of any e liability for delay in the delivery of products due to the following reasons   :

 

–           Technical hazards

–           Failure of suppliers,

–           Sold out,

–           Failure of the carrier,

–           Inaccuracy or lack of information to be provided by the Customer,

–           Absence of payment or incomplete payment by the Customer,

–           Delays related to customs formalities.

–           In general, any case of major force defined in Article 17 of these GTCS .

 

9.3.    Delivery completed

 

Each delivery is deemed made upon the provision by the carrier to the Customer of the ordered Products, made available materialized by the control system used by the carrier.

 

It is the Customer’s responsibility to check the shipments on arrival and make any reservations and claims that appear justified .

 

For example, if the package is damaged, torn, open , etc., the Customer must refuse the package and contact the services of the Company to inform them.

 

If the provider responsible for the delivery of the package is the Post Office, the Customer must request a declaration of spoliation at the time of refusal .

 

Any delivery that has not been subject to reservations by registered letter with acknowledgment of receipt within 3 days of receipt from the carrier, and copy of which will be sent simultaneously to the Company, will be considered as accepted by the Customer.

 

9.4.    Delivery tolerance

 

For any realization, the quantities can vary of +/- 10% deliverable and billable accordingly.

 

  1. Absence of withdrawal order

 

To the extent that the Products subject of the Order are goods made at the request of the Customer and made to measure , no right of withdrawal is granted to the Customer subsequent to the validation of the Order.

 

Therefore, by accepting these Terms and Conditions, the Customer expressly acknowledges having been informed of this lack of right of withdrawal, and accept it expressly, firmly and definitively.

 

  1. Proof of the transaction

 

Unless proved otherwise, the data recorded by the Company during the Order constitutes the proof of all transactions made by the Company and the Clients.

 

All communications, orders and payments made between the customer and the Company can be proven through computerized records, stored in the Company’s computer systems under reasonable security conditions.

 

Purchase orders and invoices will be archived on a reliable and durable support considered, in particular, as a means of proof.

 

  1. Compliance and guarantees

 

12.1       Compliance with legal provisions on sales law

 

The Company guarantees that the Products comply with French law, that they conform to the intended use, as defined and under the conditions of Articles L. 217-4 to L. 217-12 of the Code de la Consumption reproduced in Annex 1 .

 

The Company warrants that the Products do not have defects or hidden defects rendering them unsafe or unsuitable for their normal use, as defined and in the conditions of Articles 1641 to 1648 of the Civil Code reproduced in Appendix 1 .

 

The Company undertakes to comply with all legal provisions relating to the law of sale and in particular the provisions of the Consumer Code and the Civil Code, the main applicable articles of which are reproduced in Appendix 1 .

 

12.2       Terms of return of Products

 

In case of non-conformity of the Product , the Customer will be able to return the Product to the Company for repair, replacement or refund of this Product.

 

Any return of goods requires obtaining a return number issued by the Company to the Customer, which must be very legibly written on the package containing the returned Product.

 

The Product must be returned by post by the Customer to the following address   : 3 Impasse 58 Rue George Sand, 37000 TOURS

The Customer is informed and agrees that the return of the Products is at the expense and risk of the Customer.

 

Products returned by carrier without physical protection or poorly protected will not benefit from this warranty. It is therefore the responsibility of the Customer to protect and insure the Products returned during their transport.

 

It is also the responsibility of the Customer to keep the packaging and accessories supplied with the Product as well as any labels affixed to the Product or its packaging, which are necessary for the identification of the Product, its date and conditions of purchase.

 

The Company will refund, repair or replace the Product as soon as possible. However, when the repair or replacement of the Product requires the return of the Product to the Supplier, the Company shall in no way be held liable for any delays in the delivery of the repaired or replaced Product.

 

All claims, exchange requests, duly justified in the event of implementation of the two aforementioned guarantees, must be made by e-mail or by post.

No return of goods can be made by the customer without the express written agreement of the Company obtained by fax or email.

No customer is allowed to physically bring merchandise back ; the return must be made by a national carrier .

It is specified that the claim made by the purchaser under the terms and conditions described in this article does not suspend the payment by the customer of the merchants i concerned.

 

12.3       Case of absence of claim on Products

 

Defects and deteriorations caused by improper handling, by an external accident (incorrect assembly, faulty maintenance, bad storage, improper transportation) or by a modification or use of the abnormal product, not provided for or specified by the Company , do not may incur the liability ofthe Company or its guarantee.

The responsibility of the Company can not in any case be blamed for facts during transport, destruction, damage, loss or theft, even if it has chosen the carrier.

Under the guarantee, the only obligation incumbent upon the Company will be the free replacement of the recognized defective goods by the services of the Company . Defects and damage caused by natural wear, vandalism, accident, natural or terrorist disaster, by a modification of the product not foreseen or specified by the Company are excluded from the warranty. Are also excluded from the warranty, all products not adapted or not in accordance with the intended use for the type of articles that the Company sells.

Provisions specific to the nature of the Products

The necessities of e series production are such that production losses are inevitable between the visual of the BAT and the final appearance of the product delivered.

The handmade character of the products marketed authorizes and justifies a technical deviation of design and manufacture.

So,   the Company will not be held responsible for technical and / or commercial deviations in terms of design and manufacturing compared to the realization   : a graphic creation / BAT (Good to Shoot) and / or a sample (still called mock-up or prototype) and / or a series production.

The data from the graphic / BAT / prototype / samples are for information only and are not contractual in nature.

The Customer will not be able to make any claim concerning   differences in achievement between:

  • graphic design (or BAT) and physical realization (prototype),
  • manufacture of a prototype and mass production,
  • the different pieces of mass production between themselves,

And especially on   :

–           technical and / or commercial differences in terms of quality, size, design, equipment and materials,

–           differences in color, size,

–           details of apparent finishes on finished products that are integral and inherent to manufacturing techniques (exposed threads, exposed seams, traces of glues …)

 

  1. Exclusion and limitation of liability of the company

 

13.1       Supplier Responsibility

 

The Customer declares that he has been informed that the Company does not manufacture the Products sold. The Company is acting in the context of these Terms and Conditions in only quality of seller of the Products.

 

Therefore, in application of the law n ° 98-389 of May 19th, 1998 relating to the responsibility for the defective products, none of the damages which could possibly be caused to a Customer or one of his goods because of the Product will not be able engage the responsibility of the Company.Only e f anufacturer the responsibility of the Product may, in such circumstances, be held by the Client.

 

On the other hand, since the Company has no control or control over the stock of its Suppliers, it can not in any way be held liable in the event of the unavailability of a Product as a result of a stock-out.

 

However, the Company undertakes, in the event that it is unable to provide the Customer with the ordered Product, to inform the Customer without delay and to offer it either to deliver a Product of Nature and with equivalent functionalities. or to provide a have an identical value of P rice unavailable Product paid by Customer.

 

13.2       Risks related to transportation

 

The risks are transferred to the Customer’s responsibility from the moment of taking physical possession of the Products. The Customer is informed that the Company uses a carrier for the routing of the Products, which is in charge of the risk related to the transport.

 

However, the regulations in force require that the Company be the sole interlocutor of the Customer.

 

That is why, in the event of non-compliance, loss or damage of the Product (s) due to transport, the Customer undertakes to contact as soon as possible the Company so that the latter can do quickly the necessary with the carrier .

 

The Customer must therefore, upon receipt of the Products, check their status and compliance with the contract.

 

Without prejudice to the provisions to be taken vis-à-vis the carrier, in case of apparent defects or missing products, any claim, whatever its nature, relating to the delivered products, will be accepted by the Company only if it is made in writing within 3 days following the delivery of the products. It is up to the customer to provide all the justifications as to the reality of the defects or missing ones. In this case, the customer may request the replacement of non-compliant items and / or the supplement to fill in the missing items without the customer being able to claim any compensation or cancellation of the order.

Attention Customer declares to have been informed that the products sold and manufactured by the Company can be compressed during transport, depending on the carrier, to facilitate the tr has nsport and delivery of goods; under no circumstances will the Company be held responsible for the consequences of this compression on the products marketed.

  1. Intellectual property

 

14.1.     Intellectual Property on Products

 

14.1.1                Customer represents that the photographs and in general all the visual elements that it addresses to the Company at the time of the Order, and on the basis of which the Products will be manufactured, are free of right and / or does not violate the intellectual property rights of third.

 

On the other hand, does ny C trol carrying or including the reproduction of a logo or other material protected by copyright or industrial property implies that the Customer is authorized to request reproduction .

 

The Company reserves the right to ask the Customer for any proof of this reproduction authorization.

 

In the event of non-compliance with the present article 14.1 by the Customer, the Company will not be able in any case to see its civil or penal responsibility engaged.

The Customer expressly and irrevocably undertakes to guarantee the Company against any disturbance, claim or eviction whatsoever that could be formed by a third party for any reason whatsoever, on the occasion of the manufacture of the Product and relating to the visual and graphic aspect. of the product.

14.1.2                In the event that the Customer is the creator of the Visual of the Product, the Customer expressly cedes to the Company the right of reproduction of said visual for the purposes of the realization of the Product.

 

14.1.3                T he Company reserves the right to include in its catalog on its S ite I nternet or sales brochures provided by the s visual Cl ient at the Command and the products ordered. The Customer declares to have been informed and to expressly authorize it.

 

14.2.     Intellectual property on the Website

 

14.2.1. The Company is the exclusive owner of intellectual property rights on the Website and in particular all texts, comments, works, illustrations, videos and images, whether visual or audio, reproduced on the Website and its contents. databases of which she is the producer.

 

All these intellectual creations are protected under copyright, trademark, patent law, sui generis database law and image rights for the entire world.

 

These creations are the full and entire property of the Company.

 

14.2.2. However, the Company grants users a license to reproduce and display the contents of the Website, but only and strictly for their personal use in the context of viewing the Website and the use of the Services.

 

This license, however, excludes the right of u SERS modify, copy, translate, distribute, publish, transmit, distribute, produce, display, or assign the rights of any content appearing on the Website and through it.

 

As such and in accordance with the provisions of the Code of Intellectual Property, only the use for private use subject to different or even more restrictive provisions of this code, is allowed.

 

Any other use is constitutive of counterfeit and sanctioned under the Intellectual Property without prior authorization of the Company.

 

As a reminder, the fact of affixing a hypertext link to the Website, using the technique known as ” framing    ”   or deep-linking is strictly forbidden.

 

Any form of total or partial copy, aspiration and reproduction of the database produced and operated by the Company on the Website is strictly prohibited without its prior written consent.

 

14.2.3. The Website may contain hypertext links and / or hyperlinks to sites published and hosted from third-party servers, and particularly concerning advertising banners, whose governance is not provided by the Company and over which no control can be exercised.

 

As such, the Company disclaims any liability for the legal consequences of accessing these sites from the Website.

 

The use of hypertext links and / or hyperlinks pointing to the Website is authorized by the Company in the strict context of the promotion of the Website and the Services of the Company but on the condition that the integrity of the Website is preserved and no risk of confusion between the Website and sites published by third parties is found.

 

In this perspective, the Company strictly prohibits any u ser to use techniques called “framing”, “inline linking” and “deep-linking” on unauthorized slavish reproduction content of the Website and its integration on web pages edited by third parties.

 

14.2.4. Similarly, the Company can not be technically able to prevent any website from containing hypertext links and / or hyperlinks, referring to the website that it publishes.

 

As such, the Company disclaims all liability for the legal consequences of accessing its Website via other websites over which it has no control or effect.

 

The use of hypertext links and / or hyperlinks pointing to the Website is authorized by the Company in the strict context of the promotion of the Website and the Services of the Company but on the condition that the integrity of the Website is preserved and no risk of confusion between the Website and sites published by third parties is found.

 

In this perspective, the Company strictly prohibits any u ser to use techniques called “framing”, “inline linking” and “deep-linking” on unauthorized slavish reproduction content of the Website and its integration on web pages edited by third parties.

 

  1. Computing and freedom – personal data

 

15.1. General provisions

 

In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, the files and the freedoms, the collection and the treatment of the nominative information collected by the Company was the object of a declaration with the Commission National Computer Science and Freedoms under the number 1931758.

 

The connection or data relating to the navigation of the Client on the Site are collected automatically, and relate only to the origin of connections, IP address, browser type and pages available on the website Internet . Under no circumstances does the Company collect the email address without notice from its owner.

 

15.2.     Rights of access, modification, opposition and deletion

 

In all cases, the Customer has the right to access, modify, oppose and delete personal data concerning him by writing to the following address:

 

To exercise this right, the Customer may, at his option, send an e-mail to the Company’s customer service department at the email address contact @ ma- mascotte.com or send a letter to the Personal Data Service at 24 rue Michelet 3700 Tours – France.

 

In accordance with the regulations in force, all applications must be signed and accompanied by a photocopy of an identity card bearing the signature of the applicant and specify the address to which the reply must be sent. A response will then be sent to the Customer within two (2) months of receipt of the request.

 

15.3. Use and transmission of personal data of the Customer

 

In order to ensure the processing, the follow-up and the linking of the Clients with the Company , the latter must necessarily process the Customer’s personal data . The processed data are transmitted to the Company, and if necessary to the partners concerned, according to the following modalities and for the following purposes   :

 

–                       Order management

The collection of personal data collected for the purposes of order management by the Customer is mandatory. In their absence, the Services will not be properly provided. These data may be transmitted to the technical service providers of the Company, for the sole purpose of the proper execution of the Services, or the establishment of statistics.

 

–                       Payment Management

 

The Company is obliged to collect certain personal information from u Client to be able to charge it the p rices of products and f spokes delivery.

 

The Customer has the right to access, modify, rectify and delete personal information collected by the Company concerning him.

 

15.4. Cookies

 

15.4.1 During the consultation of the Site, information relating to the Customer’s browsing on the Site, may be recorded in files ” cookies ” installed on the computer or mobile terminal of the Customer , including for the purpose of retargeting marketing, subject to the choices he will have made when the cookie banner appears on the Site and may be modified at any time.

 

At the entrance of the Customer on the Site, an information message will be posted to warn him of the use of cookies   : ”   By continuing to browse this site, you agree that cookies are used to improve your user experience   “.

 

This message is accompanied by a cross-shaped button to hide the message and a link ” Learn more and manage settings ” referring to an internal page of the Site.

 

15.4.2 Use of cookies by the Company

 

Cookies are alphanumeric identifiers which are transferred to the Customer’s hard disk via the Internet browser, in order to allow the system to recognize the Client’s browser and to offer the appropriate services.

 

Cookies are used by the Company to memorize the Customer’s preferences , optimize and improve the use of the Site by the Customer by providing content that is more specifically tailored to his needs.

 

“Cookies” are used to:

–                  Identify the Customer when connecting to the Site ;

–                  Determine the Client’s Internet browser settings , such as the type of browser used and the plug-ins installed on it ;

–                  Remember, if applicable, the shopping cart and the Customer’s purchase options ;

–                  Know the products sought and purchased on the Site by the Customer in order to propose appropriate suggestions.

 

No personal data is collected as part of this activity, only statistical data are collected and analyzed s for improving the Website.

 

Only the issuer of a cookie may read or modify information contained therein.

 

Some cookies are installed until the closure of the Client’s browser , others are kept for longer. Cookies are kept for a maximum of 12 ( twelve ) months.

 

15.4.3 Cookie Management by the Customer

 

The Help section (or equivalent section) of the toolbar of most browsers indicates how to refuse new “cookies” or get a message that signaling reception, or how to disable all “cookies”.

 

The cookies that the Company issues are used for the purposes described below, subject to the Customer’s choices , which result from the parameters of his browser software used during his visit to the Site and his agreement by clicking on the ” ok ” button. Of the banner regarding cookies.

 

Several possibilities are offered to the Customer to manage cookies. Any setting of the Customer on the use of cookies may change his browsing the Internet and its conditions of access to certain services requiring the use of cookies.

The Customer may make the choice at any time to express and modify his wishes regarding cookies, by the means described below. The Customer may configure his browser software so that cookies are stored in his terminal or, conversely, they are rejected, either systematically or according to their issuer. The Customer can also configure his browser so that the acceptance or rejection of cookies are offered to him punctually, before a cookie is likely to be registered in his terminal.

 

15.4.4 Behavior cookies

 

The Company does not currently collect or process personal information known as ” behavior ” of the Customer , as defined by Ordinance No. 2011-1012 of 24 August 2011 on electronic communications.

 

Any implementation of cookie of behavior on the Site by the Company will be the object of a prior express authorization of the Customer .

 

  1. Correspondence – proof

 

Unless otherwise specified in these T & Cs , the correspondence exchanged between the parties is provided by e-mail. Pursuant to Articles 1365 et seq. Of the Civil Code and, where applicable, Article L.110-3 of the French Commercial Code, the parties declare that the information delivered by e-mail is valid between the parties as long as no written document adversely authenticated and signed, calling into question this computerized information, is produced. Items such as the time of receipt or issue, as well as the quality of the data received will prevail by priority as shown on the Company’s information systems or as authenticated by the computerized procedures of the Company.

the Company, unless the Client and / or the Company provide proof in writing and to the contrary .

 

  1. Force majeure

 

17.1. Any event outside the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and suspends in this respect the obligations of the parties, as for example without this list being restrictive : a social movement or a technical breakdown ( edf, erdf , telecommunications operators, Internet access or hosting providers, registrars, etc.), a power supply shutdown (such as electricity), a network failure of electronic communication on which the Company depends and / or networks that would replace it.

 

17.2. The Company can not be held responsible, or considered as having failed in its obligations provided for in these GSC , for any non-performance related to a case of force majeure as defined by the law and French jurisprudence, provided that it notifies the other party on the one hand, and that it does its best to minimize the damage and to fulfill its obligations as soon as possible after cessation of the case of force majeure on the other hand.

 

  1. Update of the cgv

 

These T & Cs may be modified at any time on the initiative of the Company. Any modification of these Terms and the documents referred to therein will be applicable after this modification.

 

  1. Entirety

 

The provisions of these Terms and Conditions express the entire agreement between the Customer and the Company. They prevail over any proposal, exchange of letters before and after the conclusion of the present, as well as on any other provision appearing in the documents exchanged between the parts and relating to the object of the GSC , except amendment duly signed by the representatives of the two parts.

 

  1. Nullity

 

If one or more provisions of these GTC are held to be invalid or declared as such pursuant to a law, regulation or following a decision that has become final from a competent jurisdiction, the other provisions of these T & Cs will keep all their strength and reach.

 

If applicable, the Company undertakes to immediately delete and replace the clause with a legally valid clause.

 

  1. Title

 

In case of difficulty of interpretation between the title of any article and any of the clauses, the titles will be deemed unwritten.

 

  1. Jurisdiction – applicable law

 

Any difficulty arose from the interpretation and / or implementation of these will be submitted , failing amicable resolution to the discretion of courts French are competent e s   ; the only applicable laws being French laws.

 

***

 

These Terms and Conditions of Sale have been approved by Me Sacha NAPARSTEK, Lawyer at the Paris Bar.

Annex 1 : Legal provisions applicable to the law of sale 

 

  • Provisions of code consumption

 

Article L217-4 of the Consumer Code 

 

   The seller delivers a good in accordance with the contract and answers for the lack of conformity existing during the delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.   

 

Article L217-5 of the Consumer Code

 

   The property is in accordance with the contract:

 

1 ° If it is fit for the customary 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, in particular 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 L217-6 of the Consumer Code

 

   The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.   

 

Article L217-7 of the Consumer Code 

 

   The defects of conformity which appear within twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise.

 

For second-hand goods, this period is fixed at six months.

 

The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.   

 

Article L217-8 of the Consumer Code 

 

   The buyer is entitled to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not have been unaware of when he contracted. This applies even when the fault to its origin in materials that he himself provided.   

 

Article L217-9 of the Consumer Code 

 

   In case of lack of conformity, the buyer chooses between repair and replacement of the goods.

 

However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate compared to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.   

 

Article L217-10 of the Consumer Code 

 

   If the repair and replacement of the property are impossible, the buyer can return the property and get the price back or keep the property and get a part of the price.  
 

The same faculty is open to him:  

 

  1. If the requested solution, proposed or agreed pursuant to e product can be implemented within a month after the claim of the buyer; 

 

2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks.  

 

The resolution of the sale can not however be pronounced if the lack of conformity is minor.   

 

Article L217-11 of the Consumer Code 

 

   The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the buyer. These same provisions do not prevent the award of damages.        

 

Article L217-12 of the Consumer Code

 

   The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.   

 

  1. Provisions of Civil Code

 

Article 1641 of the Civil Code

 

   The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them.   

 

Article 1642 of the Civil Code

 

   The seller is not held visible defects and the buyer was able to convince himself.   

 

Article 1643 of the Civil Code

 

   He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.   

 

Article 1644 of the Civil Code

 

   In the case of Articles 1641    and   1643 , the buyer has the choice to return the thing and to get the price back, or to keep the thing and to get back part of the price.   

 

Article 1645 of the Civil Code 

 

   If the seller knew the defects of the thing, he is held, in addition to the return of the price he has received, all damages and interest to the buyer.   

 

Article 1646 of the Civil Code 

 

   If the seller was ignorant of the defects of the thing, he will be held only to the restitution of the price, and to refund to the purchaser the expenses occasioned by the sale.   

 

Article 1647 of the Civil Code 

 

   If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in the two previous Articles. But the accidental loss will be on behalf of the buyer.   

 

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.