Terms and Conditions
TERMS OF SALES
These conditions of sale are concluded on the one hand by the company Malakio SAS with a share capital of € 1,000, whose registered office is located in Dirinon, registered with the Brest Trade and Companies Register under number 888 944 311 hereinafter referred to as "Malakio" and managing the malakio.com site and, on the other hand, by any natural or legal person wishing to make a purchase via the malakio.com website, hereinafter referred to as "the buyer".
Article 1: object
These conditions of sale define the sales of Malakio S.A.S. through the malakio.com website. The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, which he acknowledges having read before placing his order. The buyer declares on the one hand that the purchase of products on the malakio.com site is not directly related to his professional activity and is limited to strictly personal use.
The company Malakio S.A.S. retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in effect on the date of the order by the buyer.
Article 2. Products
The products are offered on the malakio.com site of the company Malakio S.A.S. within the limits of available stocks. Malakio S.A.S. reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description showing its main technical characteristics. The photographs are as faithful as possible, have no contractual value and do not engage the responsibility of the Seller. The seller cannot rigorously guarantee the differences in appearance of the collections, especially with regard to natural products (shells), but he is bound by an obligation of means to produce an appearance as close as possible to the published photos. Certain variations in color or raw finish are not defects but signs of authenticity.
Article 3. Prices
The prices of the products are indicated in euros (€) all taxes included (TTC) (VAT and other taxes applicable on the day of the order). Malakio S.A.S. reserves the right to modify its prices at any time, it being understood, however, that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order.
Article 4. Order and payment terms
The company Malakio S.A.S. offers the buyer to order and pay for its products in several stages, with payment being made by credit card under the secure Shopify system or through the Paypal payment system. The buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references ...), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The next step is to check all the information, read and accept these general conditions of sale by checking the corresponding box, then invites them to validate their order by clicking on the "Confirm my order" button. Finally, the buyer makes his personal credit card payment. If payment is accepted, the order is registered and the contract definitively formed. Payment by credit card is irrevocable. In the event of fraudulent use thereof, the buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a bank card is not engaged if the disputed payment has been proven to be made fraudulently, remotely, without physical use of his card.
Confirmation of an order implies acceptance of these conditions of sale, recognition of having full knowledge of them. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an email address and if he has entered it on his order form, the company Malakio S.A.S. will send him confirmation of the registration of his order by email.
The seller reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, in the event of a supply problem, or of difficulty concerning the order received.
If the buyer wishes to contact Malakio S.A.S., he can do so either by post to the following address: Malakio S.A.S., 10 rue Saint Dominique 29460 Dirinon; or by email to the following address: email@example.com
Article 5. Withdrawal
Under article L121-20 of the Consumer Code, the buyer has a period of thirty days (30 days) from the delivery of their order to exercise his right of withdrawal and thus return the product. to the seller for exchange or refund without penalty, with the exception of return costs. Returns are to be made in their original condition, and without damage to the product in which case your right of withdrawal could not be engaged. The refund or exchange will be made within 14 days of receipt of the products by us. The refund will be made to the means of payment used when ordering
Article 6. Transfer of ownership - Transfer of risk
The transfer of ownership occurs when the purchaser takes possession of the goods, subject, however, that the goods have been paid in full. The transfer of risk occurs when the goods are handed over to the buyer in the store, or at the buyer's home in the event of delivery.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographic area. Delivery times are only indicative; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. Malakio S.A.S. may provide the buyer with the tracking number of their package by e-mail. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of the company Malakio SAS In the event of damage during transport, any protest must be made to the carrier within three days from delivery.
In the event of delivery outside mainland France, you become the importer of the products. Customs duties or import duties or state taxes may be applied. These rights and amounts are not the responsibility of the seller.
They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in the country of delivery. Check with your local authorities.
Article 8. Guarantee
All the products supplied by the company Malakio S.A.S. benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned to Malakio S.A.S. which will take it back, exchange it or reimburse it. All complaints, requests for exchange or refund must be made by email to the following address: firstname.lastname@example.org, within thirty days of delivery.
Article 9. Retention of title
The company Malakio S.A.S. retains full and entire ownership of the products sold until full collection of the price, in principal, costs and taxes included.
Article 10. Liability
Malakio S.A.S., in the distance selling process, is only bound by an obligation of means. It cannot be held liable for damage resulting from improper use of the product or from use of the Internet, such as loss of data, intrusion, virus, interruption of service, or other unintentional problems.
Article 11. Intellectual property
All the elements of the malakio.com site are and remain the intellectual and exclusive property of the company Malakio SAS No one is authorized to reproduce, exploit or use for any purpose whatsoever, even partially, elements of the site that they either in the form of a photo, logo, visual or text.
Article 12. Personal data
Malakio S.A.S. undertakes to preserve the confidentiality of the information provided by the purchaser, which he would have to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him. He can make a request at any time by e-mail to the following address: email@example.com
Article 13. Settlement of disputes
These distance selling conditions are subject to French law. For all disputes or litigation, jurisdiction lies with the French courts.