General terms and conditions of sale
Article 1: Purpose
The online shop of the site www.macmaniack.com, was set up by SOSAV SAS, 3 rue des campanules, 77185 Lognes, (534 702 592 RCS de Meaux) which is the operator of this site and is the owner of the Macmaniack.com brand. The General Terms and Conditions of Sale detailed below (hereinafter "the General Terms and Conditions") exclusively govern the contractual relationship between SOSAV (hereinafter "the Seller" and the buyer (hereinafter "the Buyer") and are intended to define the rights and obligations of the parties in connection with the online sale of goods and services offered on the online shop on the website www.macmaniack.com (hereinafter "the Site")
Article 2: Acceptance of the General Terms and Conditions of Sale and digital signature.
The order of products presented on the Site is subject to acceptance by the Purchaser, and constitutes acceptance without any reservation, by the latter, of all the provisions of these General Conditions set out below. These General Terms and Conditions are binding on the Buyer without regard to any special clauses added by him - unless expressly agreed by the Seller and without regard to any advertising material issued by SOSAV. No general or specific conditions contained in the documents sent or delivered by the Purchaser may be incorporated herein, as long as such documents are incompatible with these General Conditions. The Purchaser declares that he/she has full legal capacity to commit to these General Terms and Conditions. Any order placed for a product appearing on the Site is only possible after checking the box "I accept the General Terms and Conditions of Sale" followed by a hypertext link to these General Terms and Conditions and assumes their prior consultation. Any modification to these General Terms and Conditions is applicable as soon as it is put online on the Site but cannot apply to contracts concluded previously. The Purchaser has the right to save or edit these General Terms and Conditions, it being specified that both the saving and editing of this document are his sole responsibility.
Article 3.1: Contractual Documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these General Conditions; the invoice. In the event of any inconsistency between the provisions contained in the documents of different rank, the provisions of the document of higher rank shall prevail.
Article 3.2: Amendments to contractual documents
Requests for changes to an invoice must be made to our customer service department by email (email@example.com). For any modification of the post shipment invoice, SOSAV SAS reserves the right to require an invoicing of 15€ HT per modified document, this as a handling fee.
Article 4: Entry into force - duration
These General Terms and Conditions come into force on the date of electronic signature of the order form. These General Conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by the Seller.
Article 5: Electronic signature
The "double click" of the Purchaser under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The Buyer's acceptance is materialized by his electronic signature, materialized by the click of payment of the offer, as well as by the communication of his bank details at the end of the payment of his order. This electronic signature is equivalent to a handwritten signature between the parties. This dual approach is equivalent to the Purchaser acknowledging that he has fully understood and approves all the conditions indicated below and that they do not require the handwritten signature of this document. In addition, the Seller may need to update the General Terms and Conditions. In these conditions, the Seller invites the Buyers to read carefully the General Terms and Conditions of Sale below, before proceeding with any actual order of products appearing on the Site. The language proposed for the conclusion of the online contract is French.
Article 6: Confirmation of order
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the Purchaser on the order form.
Article 7: Proof of the transaction
The computerized records, kept in the Seller's computer systems under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8: Product information
8-a : the Seller presents on his website the products for sale with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential Buyer to know before the final order is placed the essential characteristics of the products he wishes to buy.
8-b : The offers submitted by the Seller are only valid within the limits of available stocks.
Article 9: Prices
The prices are indicated in euros and are only valid on the date of purchase by the Purchaser. They do not take into account delivery costs, invoiced in addition, and indicated before the validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as a deposit or instalments.
In the event of a manifest error in the price, the seller reserves the right not to honour the contract. The buyer may not demand to pay this derisory price, the normally notified buyer may not seriously claim to have taken the posted price for the actual value of the item. In this case, the sale may be considered null and void by the seller.
Article 10: Method of payment
To pay for his order, the Purchaser has, at his choice, all the payment methods offered at the time of ordering. The Buyer guarantees to the Seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order. The Seller reserves the right to suspend any order processing and delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. In particular, the Seller reserves the right to refuse to make a delivery or to honour an order from a Buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered.
Article 11: Availability of products
The order will be executed at the latest within 3 days from the day after the order. In the event of unavailability of the ordered product, in particular due to our suppliers, the Purchaser will have the possibility to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 12: Terms of delivery
The products are delivered to the address indicated by the Purchaser during the order. The Buyer is required to check the condition of the packaging of the goods on delivery and to notify the Seller of any damage due to the carrier by registered letter with acknowledgement of receipt, within one week. The Purchaser may, at his request, obtain the sending of an invoice to the invoicing address and not to the delivery address by validating the option provided for this purpose during the ordering process.
Article 13: Delivery problems caused by the carrier
Any anomaly concerning the delivery (missing product compared to the delivery note, damaged package, broken products due to improper handling of the package) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the Purchaser's signature. The Purchaser must report and process the dispute with the transport company or post office within the legal time limits following the delivery date. The Purchaser must send a copy of the documents sent to the carrier by simple mail to :
3 rue des campanules,
We decline any responsibility for any extension of delivery times, particularly in the event of loss, deterioration of the products or strike by the carrier.
Article 14: Delivery problem due to the Seller
For any anomaly concerning the contents of the package (product missing or not in conformity with the indications appearing on the order form) and for which it is demonstrated by the Buyer that only the Seller can be questioned.
14-a : The Buyer must make his complaint to the Seller at the following address MACMANIACK.com, 3 rue des campanules, 77185 Lognes by registered letter with acknowledgement of receipt on the same day of delivery or at the latest three (3) working days following delivery.
14-b: The complaint will consist either in the cancellation of the order and the refund of the sums already paid. - or by exchanging products that do not comply with the order. In all cases, the refund or exchange will only be made on the condition that the product(s) to be exchanged or refunded are returned to the Seller in their entirety, without any damage, in their original packaging complete and intact, in perfect condition for resale, by Colissimo Recommended, to the following address: MACMANIACK.com, 3 rue des campanules, 77185 Lognes. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. The Seller reserves the right to examine the returned product(s) and consequently to postpone the date of refund or exchange.
14-c : Any claim 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 towards the Buyer.
14-d : The shipping costs are at the expense of the company SOSAV, except in the event that it turns out that the product returned does not correspond to the original declaration made by the Purchaser in the return form.
Article 15: Product Warranty
SOSAV guarantees all items on hidden defects on the date of purchase for a period of 1 year from the same date. If, during the warranty period, the product is found to be defective (on the date of purchase) due to a defect in material or workmanship, SOSAV will repair or replace (at SOSAV's discretion) the product or its defective parts free of charge, subject to the conditions below. SOSAV reserves the right to replace defective parts or products with new or revised parts or products in the workshop. All replaced parts and products will become the property of SOSAV.
1. This warranty applies only if the defective product is presented during the warranty period, accompanied by the invoice. SOSAV reserves the right to refuse the free application of the guarantee if these documents are not presented or if they are incomplete or illegible.
2. To avoid any damage or loss/erasure of data stored on media or mobile phones, you must have made a copy or backed them up before handing over your device to the dealer under warranty.
3. This coverage does not cover transportation costs or risks associated with the storage and recovery of your product.
4. This warranty does not cover any of the following:
(a) Periodic maintenance and repairs or replacements of parts due to normal wear and tear.
b) Damage or defects resulting from use, operation or handling of the product not in accordance with normal personal or private use
c) Damage or modifications caused by misuse, installation or use of the product not in accordance with its intended purpose, virus infections or use of the product with incorrectly installed or inappropriate software, use of the product with accessories, devices and other inappropriate products, repairs carried out or attempted by persons other than SOSAV repairers or by persons other than SOSAV repairers without SOSAV's permission, negligence, accidents, fires, liquids, chemicals, other substances, floods, vibrations, excessive heat, overvoltages, excessive or inadequate power supply, radiation, electrostatic discharges, including lightning, other forces and external effects.5. This warranty only covers the hardware components of the product. It does not cover software for which an end-user license agreement or separate warranty statements or exclusions are provided or applied.
Article 16: Liability for damage caused by products
The Buyer is expressly informed that the Seller is not the producer or manufacturer of the products presented on the website, within the meaning of Law No. 98-389 of 19 May 1998 and the Seller declines any liability for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the manufacturer of the product may be held liable by the Purchaser, on the basis of the information on the packaging.
Article 17: Right of withdrawal
The Purchaser has a period of 30 working days to return, at his own expense, products that do not suit him. This period runs from the day of delivery of the Purchaser's order. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
Any return must be notified in advance by registered letter or email (firstname.lastname@example.org). The product must be returned by Colissimo Expert to the following address:
3 rue des campanules
The products must not have been unsealed, so that the Purchaser can benefit from the right of withdrawal. Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged or opened, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, with the exception of return shipping costs. In the event that the right of withdrawal is exercised, the Purchaser has the option of requesting either a refund of the sums paid or an exchange of the product. In the event of exercise of the right of withdrawal within a period of less than 14 days, the Purchaser will be reimbursed by crediting his bank account or by creating a credit note. In case of exercise of the right of retraction within a period of more than 14 days, the Purchaser may only be reimbursed by creating a credit note, sent by email, and valid for 6 months on the macmaniack.com shop
In the case of an exchange, the reshipment will be at the Buyer's expense.
In case of exercise of the right of withdrawal, the Seller will make every effort to refund the Buyer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product requires a technical verification (products that must be tested in advance). The Purchaser will then be refunded by crediting his bank account (secure transaction) in case of payment by credit card, or by cheque in other cases.
Article 18: Rights of Use
The right to use SOSAV's software, as well as those distributed by it, is granted to the Purchaser on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the Purchaser has a reproduction right exclusively for the establishment of a backup copy, when this is necessary to preserve the use of the software. In any case, the author of the software retains a right of ownership of his work, which the Purchaser undertakes to respect.
Article 19: Force Majeure
Neither party shall have failed to fulfil its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it became aware of them. The two parties will then get together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts for more than three months, these General Terms and Conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stopping of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 20: Partial non-validation
If one or more provisions of these General Terms and Conditions are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 21: No waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these General Terms and Conditions shall not be interpreted in the future as a waiver of the obligation in question.
Article 22: Title
In the event of any difficulty of interpretation between any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 23: Applicable law
These General Terms and Conditions are subject to French law. This is the case for both substantive and formal rules. In the event of a dispute or claim, the Purchaser shall first contact SOSAV to obtain an amicable solution. In a second stage and in the event of an appeal, the Purchaser may file a claim with a competent court.
Article 24: Information Technology and Liberties