GENERAL SITE TERMS OF USE AND SALES CONDITIONS
Mecacyl.com – August 2017
ARTICLE 1. LEGAL INFORMATION
Pursuant to article 6 of French Law 2004-575 of 21 June 2004, regarding Confidence in the Digital Economy, this article indicates the identity of the various participants in its creation and monitoring.
The Mecacyl.com site is published by:
RIMA PERSYN SAS, the registered address of which is located at: 11 chemin des Arestieux, ZI Auguste III - 33610 Cestas - France. It is registered under the number 390 741 197 with the Trade Register of Bordeaux (France).
Telephone: +33 5 56 68 05 06 - Email address: info@mecacyl.com.
The Director of the site publication is: Ms Marilyn Turpeau.
The Mecacyl.com site is hosted by:
OVH, the registered address of which is 2, rue Kellermann - 59100 Roubaix - France
Telephone number: +33 9 72 10 10 07
ARTICLE 2. SITE PRESENTATION
The aim of the Mecacyl.com site is:
- The presentation of the range of products marketed under the same name;
- The presentation of Mécacyl product technologies and contributions;
- The marketing and distribution of Mécacyl products to private individuals and professionals.
ARTICLE 3. CONTACT DETAILS
Users may contact the publisher with any questions or requests for information regarding the site or to report any illegal content or activity at the following email address: info@mecacyl.com or by sending a certified letter, return receipt requested, 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 the acceptance of and respect for these General Terms of Use.
The publisher reserves the right to modify the site and services as well as these General Terms of Use at any time without advance notice, particularly to adapt to site evolutions through the availability of new functionalities or the deletion or modification of existing functionalities.
Users are, therefore, advised to check the latest version of the General Terms of Use, which are accessible at all times at the site, before browsing. Users shall refrain from using the site if they do not agree with the General Terms of Use.
ARTICLE 5. ACCESS AND BROWSING
The publisher implements the technical solutions available to allow 24-hour access seven days a week. Nonetheless, it may at any time suspend, limit or interrupt access to the site or certain pages of it in order to update and/or modify the content or take any other action deemed necessary for the proper operation of the site.
Connecting to and browsing the site Mecacyl.com implies acceptance without reservations of these General Terms of Use, irrespective of the technical means of access or terminal used.
These General Terms of Use apply, as necessary, to any version or extension of the site in social media and/or community networks that currently exist or may exist in the future.
ARTICLE 6. SITE MANAGEMENT
For the proper operation of the site, the publisher may at any time:
- Suspend, interrupt or limit access to all or part of the site, or reserve access to the site or to certain parts of the site to a particular type of browser;
- Delete any information that may disturb the proper functioning or that may violate French or international laws or rules for internet etiquette.
- Suspend the site for updating.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
7.1 REGISTRATION
Access to certain services and particularly all paying services is subject to user registration.
Registration and access to the site services are exclusively reserved to legally capacitated private individuals who have completed and agreed to the registration form available online at the Mecacyl.com site as well as these General Terms of Use.
Upon registration, users promise to provide their exact, sincere and updated personal information and civil status. Users must, furthermore, regularly check their data to ensure it remains accurate.
Users must also provide a valid email address where the site will send confirmation of registration for the services. A single email address may only be used once to register for the services.
As a result, any communication sent from Mecacyl.com or its partners is considered to have been received and read by the user. The latter hereby undertakes to regularly check their messages received at said email address and respond within a reasonable period if necessary.
Each private individual may only register for the site services once.
Users will be assigned a username to access their own private space (hereinafter referred to as “Personal Area”) by also entering their password.
Usernames and passwords may be changed online by the user in their own Personal Area. Passwords are personal and confidential. Thus, each user hereby undertakes not to reveal it to any third party.
In any case, Mecacyl.com reserves the right to deny any request for registration for the services if the User does not respect the provisions of these General Terms of Use.
7.2 DELETING REGISTRATION
Registered users may at any time request the deletion of their registration at the page set up for this purpose in their Personal Area. Any registration deletion will be effective immediately after the user completes the form made available for this purpose.
ARTICLE 8. LIABILITY
The publisher is only liable for the content it publishes.
The publisher is not liable for:
- Technical and/or IT problems or failures or issues relating to site compatibility with any type of resource or software whatsoever;
- Direct or indirect, material or non-material, expected or unexpected damages resulting from the use of or difficulties in using the site or services;
- The intrinsic characteristics of the Internet, especially those relating to a lack of reliability and lack of security in relation to information circulating via the Internet;
- Illegal content or activities using its site without its knowledge as per French Law 2004-575 of 21 June 2004 regarding Confidence in the Digital Economy and French Law 2004-801 of 6 August 2004 on personal data protection.
Furthermore, the site cannot guarantee the accuracy, completeness and updated nature of any information disseminated.
Users are liable for:
- Protecting their resources and data;
- How they use the site or services;
- Not respecting the literal terms or spirit of these General Terms of Use.
ARTICLE 9. HYPERTEXT LINKS
The site may contain hypertext links pointing towards other Internet sites over which Mecacyl.com has no control. Despite prior and regular checks by the publisher, the latter hereby waives any liability concerning any content that may be found at those sites.
The publisher hereby authorises the use of hypertext links to any page or document on its site as long as said links are not created for commercial or advertising purposes.
Moreover, the site publisher must be previously informed before inserting any hypertext link.
Excluded from this authorisation are sites that disseminate illegal, violent, controversial, pornographic, xenophobic or any material that may offend the general public.
Finally, Mecacyl.com hereby reserves the right to have any hypertext link towards its site deleted at any time if the site believes it does not comply with its publication policy.
ARTICLE 10. DATA COLLECTION
The site has been registered with the French National Data Protection Commission (CNIL) under the number “currently being registered”.
Moreover, the site is compliant with the provisions of French Law 78-17 of 6 January 1978, as modified on 31 January 2017. In virtue of the provisions of said law, users particularly have the rights of opposition (articles 32 and 38), access (articles 38 and 39) and rectification (article 40) as concerns their personal data.
In order to enforce said rights, users must contact the publisher by email at the following address: info@mecacyl.com or send a certified letter to the publisher’s registered address indicating their full name, address and email address(es).
By using the Site, the Customer consents to the use by the Seller of their personal data communicated upon registering at the Site or which are collected via the use of the Site by the Customer such as: purchases made, information on the site pages most visited, connection data (access providers, IP address, browser version) in order to provide the services or products ordered and/or better know the Customer, as allowed by applicable laws, particularly for the purpose of suggesting more adapted offers and services.
Formula fields marked with an asterisk must be completed as well as all information relating to orders. This information is needed in order for the Seller to be able to process the Customer’s orders and provide the different products or services proposed.
For Customer order processing needs, their data may be transferred to the Seller’s providers or partners. The Seller will communicate the personal data thus collected to any internal service and to its providers who contribute to product order filling and service provisions. The Seller may also communicate the personal data to its bank card payment fraud prevention organisation (see the article on order confirmation by the Seller in these General Sales Conditions as regards this matter) or any other administrative or court authority requesting it.
ARTICLE 11. COOKIES
Where applicable, the site uses cookies that allow it to process traffic statistics and information, ease browsing and improve the services for user comfort. Users may reject these cookies by changing their browser settings.
ARTICLE 12. INTELLECTUAL PROPERTY
The site structure as well as the texts, graphics, images, photographs, sound, videos and applications comprising it are the property of the publisher and protected as such by intellectual property laws in effect.
Any partial or full representation, reproduction, adaptation or exploitation of the content, trademarks and services offered by the site by any means without prior express, written authorisation from the publisher is strictly prohibited and may constitute a violation of the provisions of articles L. 335-2 and following of the French Intellectual Property Code. The only exceptions are any elements expressly designated as copyright-free on the site.
Access to the site does not imply any type of right and, in general, does not grant any intellectual property rights to any site element. All site elements are the exclusive property of the publisher.
Users are prohibited from entering data on the site that would modify or may modify the content or appearance.
ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms of Use are governed by French law. Any disputes that cannot be settled amicably shall be heard by the French courts pursuant to the jurisdiction rules in effect.
The Mecacyl.com site hopes you have a wonderful time browsing!
INTRODUCTION
The site is published by the seller, RIMA PERSYN SAS, the registered address of which is located at: 11 chemin des Arestieux, ZI Auguste III - 33610 Cestas - France. It is registered under the number 390 741 197 with the Trade Register of Bordeaux (France).
Seller’s individual EU ID number: FR 40 390 741 197
The following provisions are aimed at defining the general sales conditions at the Mecacyl.com site.
These general sales conditions (hereinafter referred to as “GSC”) define the seller’s and its customer’s contractual rights and obligations in any distance selling transaction or electronic sale of goods and products.
The GSC exclusively govern the relationship between the seller and the customer.
The GSC express all of the parties’ obligations. The customer is understood as accepting them without reserve; otherwise, their order will not be approved.
If there are any questions regarding any particular sales condition, current practices in the distance selling sector by companies with a registered address in France and the French Consumer Affairs Code shall apply.
The seller reserves the right to modify the GSC at any time. The modifications will be applicable as soon as they are published online.
ARTICLE 1. ONLINE CATALOGUE OR SHOP
The seller uses the site to provide customers with an online catalogue or shop accurately presenting the products sold without the photographs being considered contractually binding.
The products are described and presented as accurately as possible. Nonetheless, the seller will not be liable for any errors or omissions in the presentation thereof.
The products are offered within the limit of available stocks.
The prices and applicable sales taxes are indicated in the online catalogue or shop.
ARTICLE 2. PRICES
The seller reserves the right to modify its prices at any time by publishing them online.
Only the rates in effect indicated upon ordering shall apply, subject to the availability of the products on said date.
The prices are indicated in euros (not including taxes and including taxes) and do not include any delivery costs which are invoiced separately. Delivery costs are indicated before the client must confirm the order.
The prices indicated include taxes applicable on the day of the order and any change in these tax rates will be automatically charged with the prices of the products in the online catalogue or shop. If one or more taxes or duties, particularly environmental-related ones, are created or modified upwards or downwards, such change may be reflected in an adjustment of the sale price of the products.
The total sum of orders (including all taxes) and delivery fees are indicated before final purchase order acceptance.
Full payment of the price must be made upon ordering.
ARTICLE 3. ONLINE ORDERING
The customer may complete a purchase order online via an electronic form. By completing the electronic form, the customer agrees to the price and description of the products.
The customer must accept these general sales conditions by clicking in the area indicated so the order may be processed.
The customer must provide a valid email address and delivery address and hereby acknowledges that any exchange with the seller may be via such addresses.
The customer must also choose the delivery method and accept the payment method.
The seller reserves the right to block a customer’s order due to a payment failure, erroneous address or any other problem attributable to the customer until the problem is resolved.
ARTICLE 4. ORDER CONFIRMATION AND PAYMENT
Orders involve payment obligations which means customers must make payments in order for orders to be processed.
4.1 PAYMENT
The customer makes payment upon final confirmation of the order by entering their bank card number.
Customers guarantee to the seller that they have the necessary authorisation to use such payment method and acknowledge that the information provided for this purpose is proof of their consent to the sale as well as the payability of the sums due for the order.
In the event of a dispute or the fraudulent use of a bank card without having physically used the bank card (use of the bank card number), anyone may dispute the purchase within 70 days of the transaction date by sending a claim in one of the following ways, so the seller takes responsibility for the costs of the sale and returns the disputed sum:
- By phone Monday to Friday 9 a.m. to 5 p.m.: +33 5 56 68 05 06
- By email: info@mecacyl.com
Any dispute not filed pursuant to the rules defined above and within the deadline indicated will not be considered and will release the seller of any liability.
The seller has implemented an order verification procedure and payment methods aimed at reasonably preventing any fraudulent use of a payment method including requesting identification details from customers.
If payment by bank card is denied by an accredited organisation or in the event of non-payment, the seller reserves the right to suspend or cancel the order and delivery thereof.
The seller also reserves the right to reject an order from a buyer who has not fully or partially paid a preceding order or with whom a payment dispute is currently being resolved.
4.2 CONFIRMATION
As soon as a purchase and payment by a customer is approved, the seller issues the customer confirmation of the receipt of the purchase order and a copy of the contract for printing at the email address indicated by the customer.
The seller must issue an invoice to the customer upon delivery.
The customer may request that the invoice be sent to an address that is different from the delivery address by notifying customer service before delivery (see the contact details below.
If a product is not available, the seller will inform the customer by email as quickly as possible to cancel the order for such product and reimburse the corresponding price. The rest of the order will remain firm and definitive.
Customers may always enforce their right to withdraw within 14 days after the information regarding the non-availability of the product has been sent.
For any questions relating to order tracking, customers may contact customer service through the following channels:
- By phone Monday to Friday 9 a.m. to 5 p.m.: +33 5 56 68 05 06
- By email: info@mecacyl.com
- By post to the following address: Mécacyl - 11, chemin des Arestieux - ZI Auguste III - 33610 Cestas - France
ARTICLE 5. ELECTRONIC SIGNATURES
Pursuant to the provisions of French Law 2000-230 of 13 March 2000, the online provision of a buyer’s bank card number and final order acceptance constitute proof of the customer’s agreement, the payability of the sums due for the purchase order, signature and express acceptance of all transactions completed.
ARTICLE 6. PROOF OF THE TRANSACTION
Communications, orders and payments between the customer and seller may be proven by means of the computerised records saved in the seller’s computer systems under reasonable conditions of security. Purchase orders and invoices are filed in a reliable and sustainable medium particularly considered means of proof.
ARTICLE 7. PAYMENT METHOD
All payment methods made available to customers are listed on the seller’s site. Customers guarantee to the seller they have the necessary authorisation to use the payment method they choose upon ordering.
ARTICLE 8. DELIVERY
Delivery is only made following confirmation of payment by the seller’s financial institution.
Products are delivered to the address indicated by the customer on the online purchase order form. Customers must ensure said address is accurate.
Any package returned to the seller due to an erroneous or incomplete delivery address will be re-shipped at the customer’s expense.
Except for situations of force majeure, orders shall be delivered within the following periods, depending on the method chosen by the customer:
- Standard delivery: 3 to 5 days
- Carrier: 1 to 5 days
8.1 DELIVERY PERIODS AND CLAIMS
In the event of a delivery delay, the seller will inform the customer who may withdraw from the contract and request reimbursement within 14 days of such withdrawal.
The cost of the product and delivery or re-shipment, as applicable, will then be fully reimbursed.
Any requests to withdraw from the contract must be made via one of the following channels:
- By phone Monday to Friday 9 a.m. to 5 p.m.: +33 5 56 68 05 06
- By email: info@mecacyl.com
- By post to the following address: Mécacyl - 11, chemin des Arestieux - ZI Auguste III - 33610 Cestas - France
Any request for withdrawal not filed pursuant to the rules defined above and within the deadline indicated will not be considered and will release the seller of any liability.
8.2 ORDER VERIFICATION
If the original packaging is damaged, torn or open upon delivery, the customer must verify the conditions of the products. If they are damaged, the buyer must refuse the package and indicate their reservations on the delivery note.
The customer must handwrite any anomaly concerning the delivery on the delivery note.
Products are considered to have been verified as soon as the customer or a person authorised by the customer signs the delivery note.
Where applicable, the customer must inform the seller of any reservations via one of the following channels:
- By phone Monday to Friday 9 a.m. to 5 p.m.: +33 5 56 68 05 06
- By email: info@mecacyl.com
- By post to the following address: Mécacyl - 11, chemin des Arestieux - ZI Auguste III - 33610 Cestas - France
Any reservation not reported pursuant to the rules defined above and within the deadline indicated will not be considered and will release the seller of any liability.
Upon receipt of a claim, the seller will assign an exchange number for the product(s) concerned and will notify the customer by email.
8.3 DELIVERY ERRORS
In the event of a delivery error and/or product non-conformity in relation to the instructions on the purchase order, the customer shall file a claim with the seller on the same day of delivery or no later than the first business day following delivery.
Claims may be filed via any of the following channels:
- By phone Monday to Friday 9 a.m. to 5 p.m.: +33 5 56 68 05 06
- By email: info@mecacyl.com
- By post to the following address: Mécacyl - 11, chemin des Arestieux - ZI Auguste III - 33610 Cestas - France
Any claim not filed pursuant to the rules defined above and within the deadline indicated will not be considered and will release the seller of any liability.
8.4 RETURNING ORDERS
Products must be returned to the seller in the complete form and in the original packaging in order to be exchanged or reimbursed, via any of the following ways:
A product returned by mail within 7 days following delivery with a copy of the order attached (order number - customer name - delivery address). Any container that is opened may not be returned, exchanged or reimbursed.
Any claim or return not made pursuant to the rules defined above and within the deadline indicated will not be considered and will release the seller of any liability.
Products must be returned to the seller in the complete form and in the original packaging in order to be exchanged or reimbursed. The fees for returns are paid by the seller.
ARTICLE 9. PRODUCT WARRANTIES
The seller guarantees the products are compliant with the contract.
Customers may file a claim with respect to the legal warranty of compliance pursuant to the provisions of articles L. 211-4 of the French Consumer Affairs Code or with respect to the warranty concerning hidden defects provided for in articles 1641 and following of the French Civil Code.
Customers are hereby informed that the seller is not the producer of all of the products presented as determined by French Law 98-389 of 19 May 1998 concerning liability for defective products.
9.1 COMPLIANCE WARRANTY
Customers have 2 years as of the delivery of a product to enforce the legal compliance warranty.
Under such warranty, customers may choose between the repair or replacement of a product pursuant to the conditions established in article L. 211-9 of the French Consumer Affairs Code.
Customers have no obligation to provide proof of the existence of a conformity defect within 6 months of the product delivery date (24 months as of 18 March 2016, except for second-hand goods).
9.2 HIDDEN DEFECTS
Customers enforcing the warranty relating to hidden defects provided for in articles 1641 and following of the French Civil Code may choose between the cancellation of the sale or a reduction in the price, pursuant to article 1644 of the French Civil Code.
ARTICLE 10. PRODUCT UNAVAILABILITY AND REIMBURSEMENT
If a product ordered is not available, the customer will be informed by email.
The customer may cancel the order and choose either reimbursement of the sums paid within no more than 30 days of payment or a product exchange.
ARTICLE 11. RIGHT TO CANCEL
Customers may enforce their right to cancel and return the product within 14 business days following delivery.
The customer must enforce this right to cancellation by contacting customer service:
- By phone Monday to Friday 9 a.m. to 5 p.m.: +33 5 56 68 05 06
- By email: info@mecacyl.com
- By post to the following address: Mécacyl - 11, chemin des Arestieux - ZI Auguste III - 33610 Cestas - France
After communicating a decision to cancel, customers have 14 days to re-ship or return the goods.
Please complete and send this form only if you wish to cancel the contract. You may send us a scanned version by email to the address info@mecacyl.com or by post. Mécacyl – 11, chemin des Arestieux - ZI Auguste III – 33610 Cestas - France
Customer’s Surname and Given Name(s): ______________________
Order no.: ______________________
Order date: ______________________
Delivery date: ______________________
Attention Mécacyl Customer Service
I am hereby notifying you of my desire to withdraw from the contract concerning the sale of the good or the provision of the service indicated below:
• ________________________________________________
• ________________________________________________
• ________________________________________________
(Clearly indicate the product name as shown on your invoice)
Issued in __________, on __________
Customer’s signature
-------------------
Any cancellation or return not made pursuant to the rules defined above and within the deadline indicated will not be considered and will release the seller of any liability.
The customer may request an exchange or reimbursement for the product returned without penalty and the return fees shall be paid by the seller.
Only complete, intact products in the original conditions, particularly with complete, intact packaging in the original selling conditions, will be accepted for return or exchange.
Due to their intrinsic quality, some products may not be subject to cancellation and may not be reimbursed - particularly but not exclusively the products listed in article L. 121-21-8 of the French Consumer Affairs Code; namely:
- Any custom-made product
- Any product which may not be re-shipped due to the nature thereof
- Any perishable product
- Any video product
- Any press product
- Etc.
The seller must reimburse the customer for the full sums paid including delivery fees within 14 days of recovery of the goods or receipt of the proof of delivery of said goods.
ARTICLE 12. DATA PROTECTION
The seller saves proof of all transactions including purchase orders and invoices in its computer systems under reasonable conditions of security.
The seller hereby guarantees customers it will protect the latter’s personal details.
For this purpose, the seller has filed a declaration with the CNIL (French National Data Protection Commission) under the number “currently being registered”.
Customers have rights of access, modification and deletion in relation to the information collected and may enforce them by contacting customer service via one of the following channels:
- By email: info@mecacyl.com
- By post: Mécacyl - 11, chemin des Arestieux - ZI Auguste III - 33610 Cestas. France
ARTICLE 13. FORCE MAJEURE
The parties shall be released of their obligations in the event of a situation or circumstance considered force majeure, as defined by article 1218 of the French Civil Code, preventing fulfilment. The parties’ obligations will then be suspended.
The party invoking such a circumstance or situation must notify the other party immediately of the rise and end of such circumstance or situation.
Any irresistible and unexpected and inevitable even or circumstance which may not be prevented by the parties despite all reasonably possible efforts defined as such by French jurisprudence, particularly transport and supply blockades, earthquakes, fires, storms, flooding, lightning and telecommunication network failures, shall be considered cases of force majeure.
If a situation of force majeure lasts more than three months, the harmed party may withdraw from these general conditions.
ARTICLE 14. SEVERABILITY
If one or more of the stipulations in these general sales conditions are declared null and void by application of the law, a regulation or final decision by the French courts, all other stipulations herein shall remain fully effective and enforceable.
ARTICLE 15. APPLICABLE LAW AND COMPETENT JURISDICTION
As a legal entity, the seller permanently and regularly conducts its business in France irrespective of its registered address.
Thus, these GSC are subject to the application of French law except for the provisions of the Vienna Convention.
In the event of a dispute or claim, customers shall first contact the seller to resolve the situation amicably.
In lack of an amicable agreement, customers considered consumers as per their contract may initiate proceedings in the jurisdiction of their choice and customers considered professionals may initiate proceedings before the court with jurisdiction corresponding to the seller’s registered address.
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