GENERAL TERMS OF SALE
Of the MIM & TECH website hosted on the MARCK & BALSAN online shop
Version in effectas of 1 March 2022
Article 1 – Preliminary provision
1.1 These general terms of sale (hereinafter the “GTS”) apply in their entirety and constitute the conditions of all offers and sales of standard products (hereinafter the “Standard Products”) or personalized products (hereinafter the “Personalized Products”), indifferently referred to together as the “Products”, by the company MIM & TECH (hereinafter the “Seller”) to any consumer customer, residing within the European Union and Switzerland (hereinafter the “Customer”), on the www.boutique.marcketbalsan.fr online store (hereinafter the “Site”).
1.2 The Customer can consult the GTS at any time on the Site by clicking on the tab “General terms of sale” at the bottom of the Site’s homepage. The applicable GTS are those in effect at the time of the Customer’s order on the Site.
1.3 The Products are intended only for personal use, no order may be placed for resale or transformation of the Products without the prior written consent of the Seller.
Article 2 – Product orders
2.1 Selection of Products
The Customer must select the Product of her/his choice by clicking on the Product in question and, if necessary, the desired quantity, then by clicking on “Add to basket”. Each time a Product is added, an updated total amount for the selected Products is presented to the Customer. The latter can add new Products by clicking on “Continue my purchases” or proceed with the order by clicking on “Order”.
2.2 Review of the Basket
At any time, the Customer can consult the items in her/his basket by clicking on the icon representing a basket. The basket summary enables the Customer to add quantities of Products or to delete the selected Products.
2.3 Validation of the order
After having checked the order details (essential characteristics of the Products, price, quantity and references of the Products), the Customer is asked to click on “Order”.
In order to place an order for Products, the Customer is asked:
- To order as a guest if s/he does not have a customer account, and does not wish to create one. To do so, the Customer must indicate her/his e-mail address, first name and last name;
- To create a customer account if s/he so desires, and if s/he does not already have one. To do this, in addition to the information relating to her/his e-mail address, first name and last name, the Customer must also indicate a password and optionally, her/his date of birth;
- If s/he already has a Customer account, to identify her/himself by entering his/her e-mail address and password, and then to click on “Continue”.
Depending on the Customer’s chosen option and after filling in the requested fields, the Customer must click on the box “Message regarding the privacy of customer data” as well as on the box “I accept the general terms and the privacy policy”. As an option, the Customer may also tick the boxes “Receive offers from our partners” and “Receive our newsletter”.
2.4 Choice of delivery and payment methods
Once correctly identified, the Customer must provide the information relating to the billing address, the delivery address if different, the delivery method and the chosen payment method.
2.5 Validation of the order
In order to record her/his order of Products, the Customer must:
- Check the summary of the selected Products (quantities, references and prices);
- Accept these GTS by ticking the box “I have read the general terms of sale and I accept them unreservedly” after having accessed and read them via the provided hypertext link.
The Customer must then click on “Order with payment obligation” before proceeding to the order payment.
Once payment is made, the order is firm and final.
2.6 Order confirmation
Once the Product order has been confirmed and the payment validated in keeping with the provisions indicated below, an acknowledgement of receipt of the Customer’s order will be displayed for printing or download.
A copy of the order acknowledgement is automatically sent to the Customer by e-mail to the e-mail address provided by the Customer. It includes the following information: order number, indication of ordered products and quantities, delivery method, amount paid, delivery address, billing address.
Article 3 - Financial terms
3.1 Prices of the Products
The prices of the Products are displayed in euros on the Site and include VAT. The Seller may change its prices at any time on the Site, while specifying that the Products will be invoiced at the price displayed on the Site at the time of the order.
3.2 Payment provisions
Payment for the Customer’s order can be made by credit card (VPAY, VISA ELECTRON, VISA, MASTERCARD, MAESTRO, E-BASKETE BLEUE or CB).
To pay for the order, the Customer must enter her/his bank details via the payment module of the Seller’s partner, Banque Populaire, the payment pages of which use the TLS protocol and are PCI-DSS certified, and then click on “Validate”.
The Customer warrants to the Seller that s/he is fully authorised to use the chosen payment method. By providing her/his credit card number, the Customer authorises the Seller’s bank to debit the total order amount. Payment information is not processed or stored on the Site. Payments by credit card are debited at the time of the order.
Article 4 – Delivery on products
4.1 Product delivery provisions
The ordered Products will be delivered to the Customer’s residence (hereinafter the “Delivery”). No orders are prepared on Saturday and Sunday.
Delivery is made from Monday to Saturday by COLISSIMO or CHRONOPOST, within Metropolitan France, Corsica, DOM TOM, Switzerland and in the countries of the European Union. Unless otherwise indicated on the Site and subject to Product availability, the Products are delivered a minimum of five (5) working days after order confirmation.
The Delivery charges will be determined according to the weight of the Products ordered by the Customer and will be at the exclusive expense of the latter.
In case of absence at the time of Delivery, at the indicated address, a delivery notification is deposited in the mailbox: the parcel can then be picked up at the post office within 15 days following this notification. The parcel will be returned to MIM & TECH if the above time limit is exceeded.
The customer service will then contact the Customer for a possible reshipment at the Customer’s request and expense. If no response is received from the Customer within 30 days, the Seller will cancel the order and proceed with its reimbursement, minus the Delivery charges. In case of delivery by CHRONOPOST, the return shipping costs will also be deducted from the order refund.
4.2 Late Delivery
The Delivery times for the Products are given only for information.
Should the Seller fail to deliver the Products within the legal period of thirty (30) days from the order date, and except in cases in which the non-delivery is due to a force majeure event, the Customer may cancel the order by registered letter with acknowledgement of receipt or by a written document on another lasting medium, if, after having asked the Seller to deliver the Products within a reasonable additional period, the Seller has not done so within the said period.
The order will be deemed cancelled upon the Seller’s receipt of the letter or written document informing it of this cancellation, unless the Seller has completed the Delivery in the interim.
When the order is cancelled, the Seller is obliged to provide the Customer with reimbursement of all sums paid, at the latest within fourteen (14) days following the order cancellation date. Surcharges will be applied in case of late refunds, equal to:
- 10% if the refund is made within 30 days after this interval;
- 20% up to 60 days;
- 50% beyond that.
Article 5 – Right of withdrawal
Upon receipt of the order, the Customer may exercise her/his right of withdrawal and return the Product that does not suit her/him.
5.1 Purchases of Personalized Products
In accordance with article L. 221-28 of the Consumer Code, the Customer’s right of withdrawal does not apply to the purchase of Personalized Products.
5.2 Purchases of Standard Products
The Customer has a period of fourteen (14) clear days from the delivery date of the Products in which to withdraw, by providing the Seller with the withdrawal form below or a withdrawal letter (including the information listed in the withdrawal form below):
- by postal mail sent to: MIM & TECH, MIM&TECH, 74 rue Villebois-Mareuil 92230 Gennevilliers
- or by e-mail to: contactclient@mim-tech.fr
If this withdrawal period ends on a Saturday, Sunday or holiday, it will be extended until the next business day.
Once the Customer has informed the Seller of her/his desire to withdraw, s/he has fourteen (14) days to return the Products to the Seller by sending them by post, in their entirety and original packaging, to the following address: MIM & TECH at MARCK & BALSAN, Rue de la vie aux vaches, 71530 Fragnes-la Loyère.
The Customer is responsible for the return shipping costs of the Product(s) in question.
The Seller reserves the right to refuse the exercise of a Customer’s right of withdrawal if the latter has returned one or more Products whose value would be depreciated due to poor storage conditions or handling other than those necessary to establish the nature and characteristics of the Products.
With regard to orders for aerosols, the Seller reserves the right to refuse products returned by the Customer that show traces of use by the latter.
Upon receipt of the returned Product(s) and after checking the condition thereof, the Seller will proceed to refund the full price paid for the returned Product(s) and delivery expenses. The refund will be made by the method of payment chosen by the Customer when placing the order on the Site.
Article 6 – Legal guarantees applicable to the products
Upon delivery, it is the Customer’s responsibility to immediately verify the condition and packaging of the Products. If the Products do not match the order, the Customer will send a complaint to the Seller by e-mail to the address contactclient@mim-tech.fr within 48 hours of the Delivery in order to obtain the replacement of the non-conforming or missing Product or possibly the cancellation of the order and the refund of the Products.
The Seller is responsible for conformity defects of the Products included in the order, under the conditions of the article L. 217-4 et seq. of the Consumer Code and for hidden defects of the item sold under the conditions indicated in articles 1641 et seq. of the Civil Code.
When acting under a legal guarantee of conformity, the consumer:
- has a time limit of two years after receipt of the item in which to act;
- can choose between the repair or replacement of the item, subject to the cost conditions indicated in article L. 217-9 of the Consumer Code;
- is not required to prove the existence of the item’s conformity fault for a period of 24 months after delivery of the item.
The Customer can decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code. In this case, the consumer can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Article 7 – Liability
The Products are compliant with the applicable French legislation. The Seller cannot be held liable if the Customer does not respect the normal conditions of conservation or use of the Products.
Article 8 – Intellectual proprety
The Site, the name “Boutique Marck & Balsan”, the descriptions of the Products, the texts, the images and, more generally, all content published on the Site are protected by intellectual property law and are the exclusive property of the Seller.
Consequently, no one is authorised, in any way, to reproduce, represent, distribute, modify, concede all or part of the elements of the Site, without the express and prior agreement of the holders of the rights. The total or partial reproduction, imitation or representation of the Seller’s intellectual property rights, and, notably the total or partial reproduction of the visuals of the advertisements presented on the Site, may constitute an infringement sanctioned by the provisions of the Intellectual Property Code and/or intentional tort that may result in the civil liability of the violators of the aforementioned rights.
Article 9 – Personal data
The Seller collects personal data about the Customer when the latter browses the Site or orders Products on the Site.
These data will be used in accordance with the terms of the Seller’s Privacy Policy [hyperlink to be inserted], which the Seller asks the Customer to review.
Article 10 – Applicable law and jurisdiction
The GTS are governed by French law.
In case of a dispute, the Customer may, at no charge, resort to a mediation procedure. To this end, the
Customer may contact the following mediator:
CM2C
14 rue Saint Jean
75017 Paris
01 89 47 00 14
Before resorting to this mediation procedure, the Customer must first send her/his complaint to the Seller by registered letter with acknowledgement of receipt. If a satisfactory response is not received within one month, the Customer may then refer the matter to the mediator in accordance with the procedures indicated by the latter on its website.
This mediation is optional, confidential and free of charge, with the exception of any legal or expert fees that may be charged to the Customer.
The dispute cannot be examined by the mediator when:
- the Customer cannot prove having first attempted to resolve the dispute directly with the Seller by means of a written complaint;
- the request is demonstrably unfounded or abusive;
- the dispute has been previously examined or is currently being examined by another mediator or a court;
- the Customer submits the request to the mediator more than one year after the written complaint sent to the Seller;
- the dispute does not fall within the mediator’s area of authority.
In addition, the Customer may resolve disputes using the European Online Dispute Resolution (ODR) platform established by regulation n° 543/2013 and accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
As relevant, the European Commission will transfer the Customer’s complaint to the competent mediator.
Finally, the Customer may choose to bring an action before the competent courts of the jurisdiction of the Seller’s registered office or before the competent courts of the jurisdiction where s/he resided at the time of the conclusion of the contract or of the occurrence of the harmful event.
WITHDRAWAL FORM
For the attention of MIM & TECH, 10 rue du Ballon d’Alsace – ZI de la Doller – 68520 BURNHAUPT-LE-HAUT
I/we hereby notify you of my/our withdrawal from the contract relative to the sale of the item indicated below:
- Ordered on: __________ / received on ____________
- Order reference:
Name(s) of the consumer(s): ________________________
Address of the consumer(s): _____________________
Signature of the consumer(s) (only if this form is submitted by postal mail)
Date: