Our general terms and conditions of sale
This document constitutes the General Terms and Conditions of Sale (GTC) which exclusively govern the contractual relationship between the customer and the seller.
2) DESIGNATION OF THE PARTIES
In this document:
“the site” refers to the e-commerce site mazershop.fr.
“the customer” means any individual or legal entity who orders a good or service through the e-commerce site mazershop.fr.
“the seller” refers to the company MAZER SHOP SAS, owner of the mazershop.fr website. MAZER SHOP SAS is a S.A.S. with a share capital of 31,000.00 euros whose registered office is located at 9 rue Fondère – 13004 MARSEILLE, registered with the MARSEILLE Trade and Companies Register under number 828 951 087. R.C.S. Marseille
3) APPLICATION OF THE CONDITIONS
The present general terms and conditions of sale (GTC) are applicable to all sales concluded with customers from the site.
The customer agrees that the information requested for the conclusion of the contract or that sent during its execution may be transmitted electronically.
The GTC can be modified at any time and without notice by the seller. The modifications are then applicable to all subsequent orders. The applicable GTC are those in force on the day of the order.
The essential characteristics of the product are those indicated on the site in one of the following tabs “product sheet” or “characteristics” or “to know” or … . The modification of these sheets is the exclusive responsibility of the seller.
The duration of availability on the market of the consumable parts associated with the use of a particular product is communicated when we are informed by the manufacturer. The seller cannot commit to the maintenance and availability of these consumables.
For products not stored in our warehouses, our offers are valid subject to availability at our suppliers. The delivery restrictions provided in the product sheet are given as an indication.
It is the customer’s duty to check with the local authorities of the country of delivery to find out about any restrictions on the import or use of the products or services ordered.
The seller may withdraw from the sale at any time, without notice and without justification, any of the products presented on the site.
Any abnormal or bad faith order, any fraud or attempted fraud, any incident of payment of the price of an order may result in the deletion and/or deactivation of the customer account concerned and/or the refusal of the order.
5) STEPS TO CONCLUDE THE CONTRACT
At the time of the first Internet order, all new customers must create a “Customer Account”. He is assigned a login corresponding to his email and he must provide a password of at least six alphanumeric characters. Each time an order is validated, the customer is directed to a personal user account via a secure connection recalling the content of his order. The order will only be definitively registered after the different information has been filled in and after a final validation. The customer can modify his order at any time before the final validation.
Failing receipt of payment, the order placed on our site is automatically cancelled.
French is the only language proposed for the conclusion of the contract.
Our Company archives the order forms and invoices on its servers, a copy can be delivered to the customer on the exclusive request of the customer against payment of the reproduction costs.
The contract is validly concluded as a result of the so-called “double-click” procedure: possibility to check the details of the order, verify the total price and correct any errors, before the confirmation which acts as acceptance. The acceptance of the order is confirmed by the sending of an automatically generated e-mail to the e-mail address indicated during the creation of the customer account.
The prices on the site are indicated in euros, including VAT, excluding delivery costs.
The amount of the delivery costs is calculated automatically according to each order. It appears on the summary of the order, before the final registration.
For deliveries outside French territory, the provisions of the General Tax Code relating to VAT are applicable. Any order delivered outside of metropolitan France may be subject to possible local taxes, customs duties, dock dues and customs clearance fees upon delivery. Their payment is the responsibility of the customer. The customer is responsible for obtaining information from the competent authorities of the country of delivery. The seller cannot take any commitment to advise on the legislation and on the costs incurred for such a delivery.
Any payment made to the seller cannot be considered as a deposit.
The means of payment accepted are notably indicated on the page “Methods of payment” of the website.
The seller reserves ownership of the products delivered and designated in the order until full payment of their price in principal and interest. Failure to pay the full amount may result in the seller claiming the goods, the return being immediate and the goods delivered at the customer’s expense.
During the period between delivery and transfer of ownership, the risks of loss, theft or destruction, as well as any damage that the customer may cause remain at his expense.
The customer may not, whatever the reason for the complaint, retain all or part of the sums due by him, nor make any compensation. In the event of total or partial late payment of a due date at its term, the seller may immediately suspend deliveries without the need for prior formal notice and without this suspension leading to any form of damages in favour of the customer.
As part of the fight against fraud, the seller may ask the customer to prove his identity, his domicile, and the means of payment used. In this case, the processing of the order is carried out as of the reception of the documents. In the absence of receipt of these documents or in the event of receipt of documents deemed to be non-compliant, the order may be cancelled and the account blocked.
8) DELIVERY TIMES
In the absence of any indication, the seller shall deliver the goods without undue delay and no later than thirty days after the conclusion of the contract. Delivery shall be made to the address indicated by the customer at the time of the order. Delivery means the transfer of physical possession or control of the goods to the consumer. In the event of late delivery, the contract may be terminated in accordance with the provisions of Article L.216-2 of the Consumer Code.
Any risk of loss or damage to the goods is transferred to the customer at the time, or a third party other than the carrier proposed by the seller and designated by the customer, takes physical possession of the goods (Article 216-4 of the Consumer Code).
It is up to the customer to refuse delivery if the package has been damaged, opened or repackaged and failing to enter precise and detailed reservations on the delivery note.
It is good practice to immediately check the contents of a package and to contact the seller immediately if a product is damaged or missing in relation to the list on the delivery note. This usage allows the seller to communicate to the customer the procedure that allows to keep the reserve recourse contractualized with the carrier.
10) CONTACT AND AFTER-SALES SERVICE
Any request can be made by logging on to the site on the “HELP AREA” page, or by telephone on 09.83.09.40.30 or by post at the following address
After Sales Service
9 rue Fondère
13004 Marseille Cedex.
Under the conditions provided for by articles L221-18 and following of the Consumer Code, the customer has a withdrawal period of 14 days from the day the buyer, or a third party other than the carrier and designated by him, takes physical possession of the goods. For orders relating to several goods delivered separately, the withdrawal period starts from the day on which the customer, or a third party other than the carrier and designated by him, takes physical possession of the last good. In order to exercise the right of withdrawal, the customer must notify the seller of his decision to withdraw by means of an unambiguous statement.
It is recommended to send a letter with acknowledgement of receipt.
Upon receipt of this letter, the seller contacts the customer to send him a return procedure containing a “return number”. From receipt of this return number, the customer has a period of 14 days to return the goods to the seller, at his own expense, to the address given to him when he received the return number.
The customer may be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
In the event of withdrawal by the customer, the seller shall reimburse all payments received from the customer relating to the returned product. Reimbursement of delivery costs shall be made in the case of a retraction of all the products transmitted in the delivery and with the exception of the additional costs arising from the fact that the buyer has chosen a delivery method other than the least expensive one proposed by the seller at the time of the order.
The seller shall make the refund within 14 days following the date of delivery.
In the case of a quick refund procedure previously agreed between the seller and the customer, the refund can be made within 14 days of receipt of proof of shipment of the goods. As “proof of dispatch of the goods”, only the dispatch receipt issued by the carrier is accepted.
The refund is made using the same means of payment as that used for the original transaction. For specific payments made by means of a virtual credit card, these will be reimbursed by bank transfer.
The right of withdrawal cannot be exercised in the following cases:
the supply of goods made according to the consumer’s specifications or clearly personalized, such as in particular parts assembled at the request of the purchaser
products which, due to their nature, cannot be shipped or are likely to deteriorate or expire quickly, such as ink cartridges, CD or DVD cases, etc.
Contracts for the supply of audio or video recordings or computer software when they have been unsealed by the consumer. Professionals do not have this right of withdrawal.
Sales concluded in shops
Purchases made by professionals.
When a problem arises with a piece of equipment, the customer can contact the seller’s after-sales service department (see section 9 Contact & After-Sales Service).
12.1. Commercial manufacturer’s warranty :
For products with a specific manufacturer’s warranty (warranty taken over directly by the manufacturer, or on-site warranty, or specific warranty extension), the customer must contact the manufacturer directly, without going through Our Company, which does not provide any commercial warranty for these products. Our Company will refuse any return of goods within this framework and cannot be held responsible for any failure of the manufacturer within the framework of this warranty.
12.2 Commercial Warranty Standard Warranty :
The products are guaranteed by the manufacturer and failing that by the seller for a period of 12 months from the date of delivery – except for special conditions expressly stated. In all cases, items with a unit value of less than 50 € ex VAT are only guaranteed for a period of 6 months from the date of delivery. Software, video games, books, consumables, cartridges and data storage media (CD, DVD…) are not guaranteed by the seller. Batteries, monitors (LCD, OLED, …), laptop screens are guaranteed within the limits of the manufacturer’s warranty.
12.3 Exclusions :
Are not covered by warranties:
– Damage of external origin;
– Damage resulting from improper use of the products;
– Damage resulting from modification or transformation of the products;
– Damage resulting from the intervention of a repairer not approved by the seller or the manufacturer.
12.4. 12.4. Limitation :
The Seller’s commercial warranty is limited, at the Seller’s free choice, to repair, replacement (by identical or superior equipment), credit or reimbursement in value of the products recognised as defective by the Seller, taking into account the use that has been made of them. The seller only undertakes to ensure the replacement of defective parts and the repair of damage to the goods it has supplied to the customer. The after-sales service can only operate within the framework of the seller’s guarantee or the legal guarantee.
The seller cannot under any circumstances be held responsible for the loss or alteration of data or programs present on equipment or media (hard disk, ssd, memory card, etc…) that are returned for technical intervention, whether the products are under warranty or not.
The seller can in no way be held responsible for material and immaterial damages that would occur during the troubleshooting in the event that products that were not supplied by the seller are returned.
Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee that was granted to him during the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that has yet to run. This period shall run from the date of the buyer’s request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.
12.5. Legal guarantees
The manufacturer’s or seller’s commercial guarantee does not prevent the benefit of the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 of the French Code of Civil Procedure
and that relating to the defects of the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
12.6 Legal guarantee of conformity (consumer code) :
Article L217-4: The seller delivers a good that conforms to the contract and is liable for defects in conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5: The good is in conformity with the contract:
1°If it is fit for the use usually expected of a similar good and, where appropriate:
if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model
if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217-12: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
12.7. Legal warranty for hidden defects on the products sold:
Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them.
Article 1644: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and receiving the price, or keeping the thing and receiving part of the price.
Article 1648, paragraph 1: Action resulting from redhibitory defects shall be brought by the buyer within a period of two years from the discovery of the defect.
13) DATA PROCESSING AND FREEDOMS
The seller collects information about the customer during the creation of his Customer Account. This information is used in particular to carry out operations relating to customer management, prospecting, preparation of commercial statistics, management of requests for access, rectification and opposition rights, management of unpaid invoices and disputes, management of promotional operations, management of notices.
This data may be used to send information and promotional offers from the seller. The customer can refuse this information by unsubscribing at any time by unchecking the option My Account / Manage my Newsletter subscriptions page.
In accordance with the provisions of the French Data Protection Act of 6 January 1978 (amended by the Act of 6 August 2004 on the protection of individuals with regard to the processing of personal data), the customer has the right to access, rectify or oppose the personal data collected about him/her. These rights may be exercised by writing to MAZER SHOP SAS, 9 rue Fondère 13004 Marseille.
14) WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)
The seller shall take back free of charge, or have taken back free of charge on his behalf, used electrical and electronic equipment which the consumer disposes of, within the limit of the quantity and type of equipment sold.
To this end, the customer shall contact the seller’s customer service department.
We inform you
the obligation not to dispose of WEEE with household waste
that there are collection systems in place that make available
the potential effects of hazardous substances in EEE on the environment and human health.
The customer is informed of the unit costs incurred for the disposal of historical WEEE thanks to the eco-contribution.
15) FINAL STIPULATIONS
The seller shall archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. French law is applicable without precluding the application of imperative legislative rights granted to consumers or of a more protective imperative law by the foreign judge seized by a consumer of the corresponding country. If one of the clauses or provisions of these GTC should be annulled or declared illegal by a final court decision, this nullity or illegality shall in no way affect the other clauses and provisions, which shall continue to apply.
The fact that the seller does not avail itself at a given time of one of the clauses of the present contract shall not constitute a waiver of the right to avail itself of these same clauses at a later date.