Terms of sale
GENERAL SALES CONDITIONS MALAKIO
The present conditions of sale are concluded on the one hand by the company Malakio S.A.S. with a share capital of €1000, whose registered office is located in Dirinon, registered in the Brest Trade and Companies Register under the number 888 944 311, hereinafter referred to as "Malakio" and managing the malakio.com website, and, on the other hand, by any individual or legal entity wishing to make a purchase via the malakio.com website, hereinafter referred to as "the buyer".
Article 1. Object
.The present conditions of sale define the sales of Malakio S.A.S. through the website malakio.com. The acquisition of a product through the present site implies an acceptance without reserve by the purchaser of the present conditions of sale of which he recognizes to have taken knowledge before his order. The buyer declares on the one hand that the purchase of products on the malakio.com website is not directly related to his professional activity and is limited to strictly personal use.
Malakio S.A.S. reserves the right to modify these terms and conditions of sale at any time in order to comply with any new regulations or to improve the use of its site. Thus, the applicable conditions will be those in force at the date of the order by the purchaser.
Article 2. Products
The products are offered on the malakio.com website of the company Malakio S.A.S. within the limits of available stocks. Malakio S.A.S. reserves the right to modify the product range at any time. Each product is presented on the Internet site in the form of a description taking again its principal 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 aspect of the collections, in particular with regard to natural products (shellfish), but he is bound by an obligation of means to produce an aspect as close as possible to the published photographs. Some variations in tint or rough finish are not defects but signs of authenticity.
Article 3. Rates
.The prices of the products are indicated in euros (€) including all taxes (VAT and other taxes applicable on the day of the order). The company Malakio S.A.S. reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the purchaser. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased according to the total amount of the order.
Article 4. Order and payment methods
.The company Malakio S.A.S. proposes to the purchaser to order and pay for its products in several stages, with the payment being carried out by bank card under the secure system of Shopify or by the Paypal payment system. The buyer selects the products he wishes to order from the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. The next step is to check all the information, read and accept these general terms and conditions of sale by ticking the corresponding box, then invites the buyer to confirm his order by clicking on the "Confirm my order" button. Finally, the buyer makes his personal credit card payment. If the payment is accepted, the order is registered and the contract is definitively formed. Payment by credit card is irrevocable. In case of fraudulent use of the card, the buyer may demand the cancellation of the card payment, the sums paid will then be credited or refunded. 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.
The confirmation of an order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them. All the data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an e-mail address and if he has provided it on his order form, Malakio S.A.S. will send him by e-mail the confirmation of the registration of his order.
The seller reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, in case of supply problems, or difficulties concerning the order received.
If the buyer wishes to contact Malakio S.A.S., he can do so either by mail at the following address: Malakio S.A.S., 10 rue Saint Dominique 29460 Dirinon; or by e-mail at the following address: malakio@outlook.fr
Article 5. Retraction
.Pursuant to 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 their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the cost of return. Returns must 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 at the time of the order
.Article 6. Transfer of Ownership - Transfer of Risk
.The transfer of ownership takes place when the purchaser takes possession of the goods, provided that the goods have been paid for in full. The transfer of risk takes place when the goods are handed over to the buyer in the store, or at the buyer's residence in case of delivery.
Article 7. Delivery
.Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Delivery times are given only as an indication; if they exceed thirty days from the order, the contract of sale may be terminated and the buyer reimbursed. The company Malakio S.A.S. will be able to provide by e-mail to the purchaser the tracking number of his parcel. The risks related to transport are the responsibility of the purchaser from the moment the articles leave the premises of the company Malakio S.A.S. In the event of damage during transport, any protest must be made to the carrier within three days as from the delivery.
In case of delivery outside metropolitan France, you become the importer of the products. Customs duties or import duties or state taxes may be applied. These duties and amounts are not the responsibility of the seller.
They will be at your expense and under your full responsibility, both in terms of declarations and payments to the authorities and competent bodies in the country of delivery. Ask your local authorities for more information. p>
Article 8. Warranty
.All products supplied by Malakio S.A.S. are covered by the legal guarantee provided for in articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned to Malakio S.A.S., which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by e-mail to the following address: malakio@outlook.fr, within thirty days after delivery.
Article 9. Retention of title
.The company Malakio S.A.S. retains full and complete ownership of the products sold until full payment of the price, including all costs and taxes.
Article 10. Responsibility
.Article 11. Intellectual property
.Article 12. Personal data
.The company Malakio S.A.S. is committed to preserving the confidentiality of the information provided by the purchaser, which he would be brought to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He may request this at any time by e-mail to the following address: malakio@outlook.fr
Article 13. Dispute resolution
.The present conditions of distance selling are subject to French law. For all disputes or litigation, the jurisdiction is reserved to the French courts.