Terms of use

TERMS OF SALE

Mecacylshop.com – August 2017

I. GENERAL CONDITIONS OF USE

ARTICLE 1. LEGAL INFORMATION

By virtue of article 6 of Law n ° 2004-575 of June 21, 2004 on confidence in the digital economy, it is specified in this article the identity of the various stakeholders within the framework of its realization and its follow-up. .

The Mecacylshop.com site is published by:
RIMA PERSYN SAS, whose head office is located at the following address: 11 chemin des Arestieux, ZI Auguste III – 33610 Cestas – France, and registered at 390 741 197 RCS Bordeaux.
Telephone: 05.56.68.05.06 – Email address: info@mecacyl.com.

The publication director of the site is: Ms. Marilyn Turpeau.

The Mecacylshop.com site is hosted by:
OVH, whose head office is located 2, rue Kellermann – 59100 Roubaix – France
Telephone number: +33 9 72 10 10 07

ARTICLE 2. PRESENTATION OF THE SITE

The purpose of the Mecacylshop.com site is:
– The presentation of the range of products marketed under the same name.
– Presentation of technologies and contributions of Mécacyl products
– Marketing Mécacyl products to individuals and professionals

SECTION 3. CONTACT

For any questions or requests for information concerning the site, or any report of illicit content or activities, the user can contact the publisher at the following e-mail address: info@mecacyl.com or send a registered letter with acknowledgment of receipt to: RIMA PERSYN SAS – 11 chemin des Arestieux, ZI Auguste III – 33610 Cestas – France

ARTICLE 4. ACCEPTANCE OF TERMS OF USE

Access and use of the site are subject to acceptance and compliance with these General Conditions of Use.

The publisher reserves the right to modify, at any time and without notice, the site and the services as well as these T & Cs, in particular to adapt to the evolutions of the site by the provision of new functionalities or the deletion or modification of existing functionalities.

The user is therefore advised to refer to the latest version of the T & Cs, accessible at any time on the site, before any navigation. In case of disagreement with the T & Cs, no use of the site can be made by the user.

ARTICLE 5. ACCESS AND NAVIGATION

The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 24 days a week. It may nevertheless at any time suspend, limit or interrupt access to the site or to certain pages of this in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.

Connection and navigation on the Mecacylshop.com site constitutes unreserved acceptance of these General Conditions of Use, whatever the technical means of access and the terminals used.

These T & Cs apply, as necessary, to any variation or extension of the site on existing or future social and / or community networks.

ARTICLE 6. SITE MANAGEMENT

For the good management of the site, the publisher can at any time:
– Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, for a specific category of Internet user;
– Delete any information that may disrupt its operation or contravene national or international laws, or the rules of Netiquette;
– Suspend the site in order to make updates.

ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS

7.1 REGISTRATION

Access to certain services, and in particular to all paid services, is subject to the user's registration.

Registration and access to the site's services are reserved exclusively for legally capable individuals, having completed and validated the registration form available online on the Mecacylshop.com site, as well as these General Conditions of Use.

When registering, the user undertakes to provide accurate, sincere and up-to-date information on his person and his marital status. The user must also carry out a regular verification of the data concerning him in order to maintain its accuracy.

The user must therefore provide a valid e-mail address, on which the site will send him a confirmation of his registration to its services. An e-mail address cannot be used more than once to register for the services.

Any communication made by Mecacylshop.com and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary.

Only one registration for the site's services is allowed per natural person.

The user is assigned an identifier allowing him to access a space to which access is reserved for him (hereinafter “Personal Space”), in addition to entering his password.

The username and password can be modified online by the user in their Personal Space. The password is personal and confidential, the user therefore undertakes not to communicate it to third parties.

Mecacylshop.com reserves the right in any case to refuse a request for registration for services in the event of non-compliance by the User with the provisions of these General Conditions of Use.

7.2 UNSUBSCRIBE

The regularly registered user can request to unsubscribe at any time by going to the dedicated page in his personal space. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.

ARTICLE 8. RESPONSIBILITIES

The publisher is only responsible for the content that he himself edited.

The publisher is not responsible:
– In the event of technical or IT problems or failures or compatibility of the site with any hardware or software;
– Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;
– Intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating there;
– Illicit content or activities using his site, without his being duly aware of it within the meaning of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy and Law No. 2004- 801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data.

Furthermore, the site cannot guarantee the accuracy, completeness or timeliness of the information published there.

The user is responsible for:
– The protection of its equipment and data;
– The use he makes of the site or its services;
– If it respects neither the letter nor the spirit of these T&Cs.

ARTICLE 9. HYPERTEXT LINKS

The site may contain hypertext links pointing to other websites over which Mecacylshop.com does not exercise control. Despite the prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that can be found on these sites.

The publisher authorizes the establishment of hypertext links to any page or document on its site, provided that the establishment of these links is not carried out for commercial or advertising purposes.

In addition, the prior information of the site editor is necessary before setting up any hypertext link.

Excluded from this authorization are sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or which may affect the sensitivity of the greatest number.

Finally, Mecacylshop.com reserves the right to remove at any time a hyperlink pointing to its site, if the site considers it not to be in compliance with its editorial policy.

ARTICLE 10. DATA COLLECTION

The site is declared to the Commission Nationale Informatique et Libertés (CNIL) under the number “in progress”

In addition, the site complies with the provisions of Law 78-17 of January 6, 1978 as amended. 31th January 2017. By virtue of the provisions of the aforementioned law, the user benefits, in particular, from a right of opposition (articles 32 and 38), access (articles 38 and 39) and rectification (article 40) of data concerning him .

To make use of one of the aforementioned rights, the user must contact the publisher by contacting them by email at the following address: info@mecacyl.com, or by registered mail addressed to the publisher's head office, specifying their name, first name(s), address and email address(es).

By using the Site, the Customer consents to the use by the Seller of personal data concerning him and which he communicated when registering on the Site or which are collected via the use of the Site by the Customer, such as: purchases made, information on the most visited pages of the site, connection data (access providers, IP address, browser version type) in order to be able to provide the services or products ordered and/or, subject to compliance with applicable legal provisions, to know the Customer better in order to offer them more suitable offers and services.

The fields appearing in the forms which are marked with an asterisk must be completed as well as the information relating to the orders. This information is necessary for the Seller to process the Customer's orders and provide the various products or services offered.

For the purposes of processing the Customer's orders, his data may be transmitted to the Seller's service providers or partners. The Seller will communicate the personal data thus collected to any internal department and its service providers who contribute to the supply of orders for products or services provided. The Seller may also communicate personal data to its bank card payment fraud prevention organization (see on this point what is specified in the article confirmation of the order by the Seller of these General Conditions of Sale) or any other administrative or judicial authority which requests it.

SECTION 11. COOKIES

The site may use "cookie" techniques to process statistics and information on traffic, to facilitate navigation and to improve the service for the comfort of the user, who may oppose the recording of these "cookies" by configuring their navigation software.

ARTICLE 12. INTELLECTUAL PROPERTY

The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under intellectual property.

Any representation, reproduction, adaptation or partial or total use of the content, trademarks and services offered by the site, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be liable to to constitute an infringement within the meaning of articles L. 335-2 and following of the Code of the intellectual property. And this, with the exception of elements expressly designated as free of rights on the site.

Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to an element of the site, which remains the exclusive property of the publisher.

The user is prohibited from entering data on the site which would modify or which would be likely to modify its content or appearance.

ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.

The Mecacylshop.com site wishes you an excellent navigation!

II. TERMS OF SALES

PREAMBLE

The site is published by the seller, RIMA PERSYN SAS, whose head office is located at the following address: 11 chemin des Arestieux, ZI Auguste III – 33610 Cestas – France, and registered at 390 741 197 RCS Bordeaux.

Individual intra-community identification number of the seller: FR 40 390 741 197

The following provisions are intended to define the general conditions of sale on the Mecacylshop.com site.

These general terms and conditions of sale (hereinafter "GTC") define the contractual rights and obligations of the seller and its customer in the context of a distance and electronic sale of goods and products.

The GTC exclusively govern the relationship between the seller and the customer.

The GTC express all the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.

In case of doubt about one of the conditions of sale, the practices in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply.

The seller reserves the right to modify the GTC from time to time. The changes will be applicable as soon as they are posted online.

ARTICLE 1. CATALOG OR ONLINE STORE

Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having a contractual value.

The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held liable for this fact.

The products are offered within the limits of available stocks.

The prices and taxes relating to the sale of the products are specified in the catalog or the online store.

ARTICLE 2. PRICE

The seller reserves the right to modify its prices at any time by posting them online.

Only the current prices indicated at the time of the order will apply, subject to availability of the products on that date.

The prices are indicated in euros (excluding taxes and all taxes included) and do not take into account the delivery costs, which are invoiced in addition. The delivery costs are indicated before validation of the order by the customer.

The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or in the online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.

The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.

Payment of the full price must be made when ordering.

ARTICLE 3. ONLINE ORDER

The customer has the possibility to complete an order form online, by means of an electronic form. By completing the electronic form, the customer accepts the price and description of the products.

The customer will have to accept by clicking on the place indicated, the present general conditions of sale, so that his order is validated.

The customer must give a valid e-mail address and delivery address and recognizes by these general conditions of sale that any exchange with the seller may take place using this address.

The customer must also choose the delivery method and validate the payment method.

The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account until the problem is resolved.

ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER

It is an order with obligation of payment, which means that the placing of the order implies a payment of the customer.

4.1 PAYMENT

The customer makes the payment at the time of the final validation of the order by specifying his credit card number.

The customer guarantees the seller that he has the necessary authorizations to use this method of payment and recognizes that the information given for this purpose constitutes proof of his consent to the sale as well as to the exigibility of the sums due under the order.

In the event of a dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person can contest within 70 days from the date of the transaction by sending a claim according to the following terms, so that the seller bears the costs of the sale and returns the disputed amount:

– By telephone Monday to Friday from 9 a.m. to 17 p.m.: +33 (0)5 56.68.05.06
– By email: info@mecacyl.com

Any dispute not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from all liability.

The seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data.

In the event of refusal of authorization of payment by bank card from accredited bodies or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.

The seller also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

4.2 CONFIRMATION

Upon receipt of the validation of the purchase and payment by the customer, the seller transmits to the latter, on the email address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.

The seller is required to send an invoice to the customer upon delivery.

The customer can request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.

In the event of unavailability of a product, the seller will keep the customer informed by e-mail as soon as possible in order to cancel the order for this product and refund the related price, the rest of the order remaining firm and final.

The customer can always exercise his right of withdrawal within 14 days from the moment the information concerning the unavailability of the product was sent to him.

For any question relating to the follow-up of an order, the customer can contact customer service at the following coordinates:

– By telephone Monday to Friday from 9 a.m. to 17 p.m.: +33 (0)5 56.68.05.06
– By email: info@mecacyl.com
– By mail to the following address: Mecacyl – 11, chemin des Arestieux – ZI Auguste III – 33610 Cestas – France

ARTICLE 5. ELECTRONIC SIGNATURE

In accordance with the provisions of Law n ° 2000-230 of March 13, 2000, the online supply of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, of the due date. sums due under the purchase order, signature and express acceptance of all operations carried out.

ARTICLE 6. PROOF OF THE TRANSACTION

Communications, orders and payments between the customer and the seller can be proven through computerized registers, kept in the vendor's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

ARTICLE 7. METHOD OF PAYMENT

All the payment methods available to the customer are listed on the seller's website. The customer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when placing the order.

ARTICLE 8. DELIVERY

Delivery is made only after confirmation of payment by the seller's bank.

The products are delivered to the address indicated by the customer on the online form serving as an order form, the customer having to ensure its accuracy.

Any package returned to the seller due to an incorrect or incomplete delivery address, as well as a package not collected at a relay point, will be reshipped at the customer's expense.

Except in cases of force majeure, delivery takes place, according to the method chosen by the customer, within the following deadlines:

– Home delivery during a time slot: 2 to 3 days
– Delivery to Pickup relay: 2 to 3 days

8.1 DELAY IN DELIVERY AND DENUNCIATION

In the event of late delivery, the seller will inform the customer, who may cancel the contract and ask to be reimbursed within 14 days of this cancellation.

The total refund of the product and delivery costs, or reshipment costs if applicable, is then made.

This termination of the contract must be sent in the following manner:

Any denunciation not made in accordance with the rules defined above and within the deadlines cannot be taken into account and will release the seller from any liability towards the customer.

8.2 VERIFICATION OF THE ORDER

If at the time of delivery, the original packaging is damaged, torn or opened, the customer must then check the condition of the products. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip.

The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.

The verification of the products is considered to have been carried out once the customer, or a person authorized by him, has signed the delivery note.

The customer must, where applicable, inform the seller of his reservations as follows:

Any reservation not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the customer.

Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the customer by e-mail.

8.3 DELIVERY ERROR

In the event of a delivery error and / or non-compliance of the products with the indications appearing on the order form, the customer makes his complaint to the seller on the same day of delivery or at the latest on the first following working day. the delivery.

If the error comes from the customer himself, and he wishes an exchange of products, or a refund, the costs of returning the package as well as the new product will be at the customer's expense.

The complaint can be made according to the following methods:

Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability vis-à-vis the customer.

8.4 ORDER RETURN

The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, as follows:

Product returned by mail within 7 days of delivery accompanied by a copy of the order (Order number – Customer name – Delivery address). Any opened bottle cannot be returned, exchanged or refunded.

Any complaint or return not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability vis-à-vis the customer.

Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. Return costs are the responsibility of the customer.

ARTICLE 9. PRODUCT GUARANTEES

The seller guarantees the conformity of the products to the contract.

The customer may make a request under the legal guarantee of conformity, in accordance with the provisions of Articles L. 211-4 of the Consumer Code, or under the guarantee against defects in Articles 1641 et seq. Of the Civil Code.

The customer is informed that the seller is not the producer of all the products presented within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.

9.1 GUARANTEE OF CONFORMITY

The customer has a period of 2 years from delivery of the product to implement the legal guarantee of conformity.

As such, he can choose between repairing or replacing the goods, under the conditions provided for in Article L. 211-9 of the Consumer Code.

The customer is not required to provide proof of the existence of a lack of conformity within 6 months (24 months from March 18, 2016, except for second-hand goods) following the date of issue of the product.

9.2 GUARANTEE AGAINST DEFECTS

The customer, if he implements the warranty against defects provided for in articles 1641 et seq. of the Civil Code, may choose between canceling the sale or reducing the price, in accordance with article 1644 of the Civil Code.

ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REFUNDS

In case of unavailability of an ordered product, the customer will be informed by email.

The customer will have the possibility of canceling his order and will thus have the choice between the reimbursement of the sums paid by him within 30 days at the latest of their payment, or the exchange of the product.

ARTICLE 11. RIGHT OF WITHDRAWAL

The customer can exercise his right of withdrawal and return of the product within 14 working days following delivery.

The customer will assert his right of withdrawal by contacting customer service:
– By telephone Monday to Friday from 9 a.m. to 17 p.m.: +33 (0)5 56.68.05.06
– By email: info@mecacyl.com
– By mail to the following address: Mecacyl – 11, chemin des Arestieux – ZI Auguste III – 33610 Cestas – France

After having communicated his decision to withdraw, the customer then has 14 days to return or return the goods.

Please complete and return this form only if you wish to withdraw from the contract. You can send us a scanned version by email to the address info@mecacyl.com or by mail to the postal address: Mecacyl – 11, chemin des Arestieux – ZI Auguste III – 33610 Cestas – France

Customer's first and last name: ______________________

Order number : ______________________

Order date : ______________________

Delivery date : ______________________

To the attention of Mécacyl Customer Service

I hereby notify you of my desire to withdraw from the contract relating to the sale of the goods or for the provision of the following service:

• ________________________________________________

(Clearly specify the product designation as indicated on your invoice)

Done at __________, on __________

Client's signature

-------

Any withdrawal or return not made in accordance with the rules defined above and within the deadlines cannot be taken into account and will release the seller from any liability towards the customer.

The customer may request an exchange or refund of the returned product, without penalty, the return costs being covered by the seller.

The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in sales condition.

Certain products, due to their intrinsic quality, cannot be subject to the right of withdrawal and cannot be refunded, in particular but not exclusively, the products covered by article L. 121-21-8 of the Consumer Code to know :

– Any tailor-made product
– Any product which cannot by its nature be reshipped
– Any perishable product
– Any video product
– Any press product
- Etc.

The seller must reimburse the customer for all amounts paid, including delivery costs, within 14 days of recovery of the goods or transmission of proof of shipment of these goods.

ARTICLE 12. DATA PROTECTION

The seller will keep in its computer systems and under reasonable security conditions proof of the transaction including the order form and the invoice.

The seller guarantees his customer the protection of the latter's personal data.

The seller has made a declaration to this effect to the CNIL under the number “ current record "

The customer has the right to access, modify and delete the information collected, in particular by contacting customer service for this purpose in the following manner:

– By email: info@mecacyl.com
– By mail: Mecacyl – 11, chemin des Arestieux – ZI Auguste III – 33610 Cestas.

ARTICLE 13. FORCE MAJEURE

The parties will be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the Civil Code, would prevent their execution. The obligations of the parties will be suspended.

The party invoking such a circumstance, must notify the other party immediately, of its occurrence and its disappearance.

All irresistible and unforeseeable, inevitable facts or circumstances which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law, and in particular the blocking of means of transport, are considered to be cases of force majeure. or supplies, earthquakes, fires, storms, floods, lightning, and shutdown of telecommunication networks.

If the force majeure event lasts longer than three months, these general conditions may be terminated by the injured party.

ARTICLE 14. PARTIAL NULLITY

If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain their full force and scope.

ARTICLE 15. APPLICABLE LAW AND COMPETENT JURISDICTION

The seller is established in France in a stable and sustainable manner in order to effectively carry out his activity, whatever, in the case of a legal person, the location of his head office.

Also, these GTCS are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.

In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution.

In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of the seat. seller's social security.

TERMS OF SALE

I. GENERAL CONDITIONS OF USE

Deliveries by:

Secure payment