ARTICLE 1 – FIELDS OF APPLICATION

 

These General Conditions of Sale (known as “ CGV ”) apply, without restriction or reservation to the all sales concluded by the Seller to non-professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) ) by the Seller on the site www.malys-equipements.com . The Products offered for sale on the site are as follows:

·  & ;nbsp;      Sale of furniture, equipment and accessories directly or indirectly linked to hairdressing, aesthetics and well-being activities be but also medical or paramedical.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.malys-equipements.com which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when placing the order.

These General Terms and Conditions are accessible at any time on the site www.malys-equipements.com and will take precedence over any other document.

The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the procedure of online ordering from the site www.malys-equipements.com .

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

MALYS, SARL

Share capital of 10,000 euros

Registered with the Albi RCS, under number 490 422 573

Intracommunity VAT number: FR55490422573

APE code: 4775Z

Address: 3 Avenue de la Martelle 81150 Terssac

Email address: contact@malys-equipements.com

Phone: 05 32 62 96 60

 

Products presented on the site www.malys-equipements.com sont proposés à la vente dans toute l'Europe. 

For all products shipped outside the European Union, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.

ITEM 2 – PRICE

 

The Products are provided at the current prices appearing on the site www.malys-equipements.com , when the order is registered by the Seller.

Prices are expressed in Euros, excluding tax (excluding taxes) and including tax (all taxes included).

The prices take into account any reductions that may be granted by the Seller on the site www.malys-equipements.com .

These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify them. price at any time.

Prices do not include processing, shipping, transport and delivery costs, which are charged additionally, under the conditions indicated on the site and calculated before placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the customer upon delivery of the Products ordered.

ARTICLE 3 – ORDERS

 

It is up to the Customer to select on the site www.malys-equipements.com the Products he wishes to order, according to the following terms:

·  & ;nbsp;      The Customer chooses a Product which he places in his basket, Product which he can delete or modify before to validate your order and accept these General Conditions of Sale.

·  & ;nbsp;      They will then be asked to create their online account by entering their email address, name and password password or to connect to your customer account if it already exists.

·  & ;nbsp;      He will then enter his complete billing, delivery and contact details which he can choose to modify, to correct or delete at any time (apart from any order already confirmed and in progress), in accordance with the General Data Protection Regulation (GDPR) in force.

·  & ;nbsp;      After validation of the information previously requested, the Customer will be able to check one last time and correct if necessary the content of his order as well as the contact details provided.

·  & ;nbsp;      He will then choose the delivery method applicable to his order and its destination. The costs resulting from delivery will therefore be automatically updated and applied to the total amount of the current order.

·  & ;nbsp;      The Customer will then have the different payment solutions offered by the site www.malys-equipements.com and select the one of your choice.

 

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the site www.malys-equipements.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

In certain cases, including non-payment, incorrect address or other problem on the buyer's account, the Seller reserves the right to block the Customer's order until the problem is resolved.

The Customer will be able to follow the progress of their order thanks to the notifications they will receive by e-mail.

ARTICLE 3 BIS – CUSTOMER AREA – ACCOUNT

 

In order to place an order, the Customer is invited to create an account (personal space).

To do this, he must register by completing the form which will be offered to him at the time of his order and undertakes to provide information sincere and accurate regarding their marital status and contact details.

The Customer is responsible for updating the information provided. He is informed that he can modify them by logging into his account.

To access their personal space and order history, the Customer must identify themselves using their user name and his password, which are strictly personal. As such, the Client refrains from any disclosure. Otherwise, he will remain solely responsible for the use made of it.

The Customer may also request unsubscription by going to the dedicated page in their personal space or by sending an e-mail to contact@malys-equipements.com . This will be effective within a reasonable time.

In the event of non-compliance with the General Conditions of Sale and/or use, the site www.malys-equipements.com will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remaining without effect.

Any account deletion, whatever the reason, results in the pure and simple deletion of all the Customer's personal information.

Any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance , does not engage the responsibility of the Seller.

Creating the account entails acceptance of these General Conditions of Sale.

ARTICLE 4 – PAYMENT TERMS

 

The order is paid by secure payment method, according to the following terms:

·  & ;nbsp;      Payment by credit card

·  & ;nbsp;      Payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer during the payment of the order).

·  & ;nbsp;      Payment by Paypal

·  & ;nbsp;      Payment by Administrative Mandate

·  & ;nbsp;      Payment by check

The price is payable in cash by the Customer, in full on the day the order is placed.

However, the Customer may, when this possibility is indicated on the site www.malys-equipements.com , pay according to the following conditions and schedule:

·  & ;nbsp;      Payment 3 times by check (from 300€ purchase), first check for immediate cashing, second check cashed 30 days later and third check cashed 60 days later.

 

For the choice of a payment by payment, the site www.malys-equipements.com has the possibility of using third-party financing or insurance organizations. You will then be asked to provide supporting documents (this list of documents will be presented to you by email after receipt of your order). Once the supporting documents have been duly completed and returned by e-mail or postal mail, the site www.malys-equipements.com reserves the right to accept or decline payment in due course.

Your order will therefore be deemed confirmed once your file has been validated and accepted by the site www.malys-equipements.com .

In the event of refusal, the Customer will have the option of canceling their order or maintaining it by choosing another means of payment.< /span>

 

In the event of late payment and payment of sums due by the Customer, late payment penalties calculated at the legal rate applicable to the amount including tax of the price of acquisition appearing on said invoice, will be acquired automatically and by right from the Seller, without any formality or prior notice.

Delay in payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Seller may take. entitled to bring proceedings, in this capacity, against the Client.

Furthermore, the Seller reserves the right, in the event of non-compliance with the payment terms agreed in the contract, to suspend or cancel delivery of current orders placed by the Customer.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site span> www.malys-equipements.com .

 

In the event of payment by bank check, it must be issued by a bank domiciled in mainland France.

The check is cashed upon receipt.

Payments made by the Customer will only be considered final after effective receipt by the Seller of the sums due.

The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.

ARTICLE 5 – DELIVERIES

 

Product availability is indicated on the site www.malys-equipements.com . The date or deadline indicated corresponds to the restocking and/or manufacturing time of the necessary Product. This is the time frame within which the site www.malys-equipements.com undertakes to ship the Product to the Customer.

The delivery time of the Product to the Customer then applies to this deadline. This deadline therefore depends on the delivery method chosen by the Customer when placing their order.

The total delivery time calculated as the site www.malys-equipements.com undertakes to respect therefore represents the sum of the availability time of the Product plus the delivery time to the Customer.

In the absence of indication or agreement as to the delivery date, the site www.malys-equipements.com delivers the goods no later than thirty days after placing the Customer's order.

If the Product has not been delivered within the scheduled time or for any reason other than force majeure or the act of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

An exception to this obligation is applied if the site www.malys-equipements.com and the Customer have agreed an availability and/or delivery date together.

 

Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access. The Seller is automatically responsible for the proper execution of the contract, despite having used a service provider, in accordance with article L 221.-15 of the Consumer Code.

An exception to this liability is possible in the event of proven fault of the Client himself, of unforeseeable and insurmountable cause of a third party to the contract or force majeure.

When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made as soon as delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore recognizes that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the costs related will be subject to additional specific invoicing, based on a quote previously accepted in writing by the Customer.

 

Non-compliant delivery

If, at the time of delivery of the goods, it appears to the Customer that they do not comply with the order order or that it was damaged during transport, the Customer has the possibility of refusing the goods or of expressing reservations on the carrier's delivery note.

ARTICLE 6 – TRANSFER OF PROPERTY

 

The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.

 

 

ARTICLE 7 – RIGHT OF WITHDRAWAL

 

According to the terms of article L 221-18 of the Consumer Code “ The consumer has a period of fourteen days to exercise your right to withdraw from a contract concluded remotely, following cold calling or outside the establishment, without having to give reasons for your decision or incur costs other than those provided for in articles L 221-23 to L 221-25.

The fourteen-day period for exercising the right of withdrawal takes effect from the day after the date of receipt of the Product. The consumer can also exercise his right of withdrawal from the day of conclusion of the contract.

If this deadline expires on a Saturday, Sunday or public holiday, it will be extended until the next business day.

In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple pieces whose delivery is staggered over a defined period, the period starts from receipt of the last good or batch or the last piece.

For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good. 

 

The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the General Terms and Conditions.

The return of the Product must be made in its original and complete condition (packaging, accessories, instructions, etc.), thus allowing its re-marketing to in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products are not returned.

Return costs remaining the responsibility of the Customer.

The refund will be made within fourteen days from receipt, by the Seller, of the Products returned by the Customer under the conditions provided for to this article.

ARTICLE 8 – SELLER’S RESPONSIBILITIES – GUARANTEES

 

The Products supplied by the Seller benefit:

·  & ;nbsp;      The legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order .

·  & ;nbsp;      The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.

·  & ;nbsp;      The commercial warranty applicable by the supplier and/or manufacturer of the Product. Its existence and duration are specified in the description of the Product before the Customer places the order.

 

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

« The Seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. span>

Article L217-5 of the Consumer Code

« The property complies with the contract :

1.       If it is suitable for the use usually expected of a similar good and, where applicable& nbsp;:

- If it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of sample or model ;

- If it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, particularly in advertising or labeling;

2.       Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any use special sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Article L217-12 of the Consumer Code

« The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.  »

Article 1641 of the Civil Code

« The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended for, or which diminish this use so much that the buyer would not have acquired it, or would have only given a lower price for it, if he had known about them. »

Article 1648 paragraph 1^er of the Civil Code

« The action resulting from the redhibitory defects must be brought by the purchaser within two years from the discovery of vice.”

Article L217-16 of the Consumer Code

« When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of acquisition or the repair of movable property, a summer handover covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention. »

In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery.

The Seller will reimburse, replace or have repaired Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible by the Seller. For the repair or replacement of the Product, the time will take into account the routing, manufacturing and delivery time required from the manufacturer of the Product.

The commercial guarantee offered by Malys Equipments only covers the replacement of defective parts, excluding the workforce and the movement of a technician  on site.Customers are responsible for labor and travel costs associated with any repair carried out as part of the commercial guarantee.This warranty applies only to defective products due to defects in materials or manufacturing and does not cover damage caused by improper use, inappropriate maintenance or unauthorized modifications made to the products.Malys Equipments reserves the right to assess each warranty complaint on a case -by -case basis and to determine the appropriate solution, including the replacement or repair of defective products.It also excludes any common wear parts like: Coatings, adjustable casters or feet, hydraulic mechanisms, removable accessories, control panels such as remote controls, switch or control pedals.

Wear parts Are excluded from the warranty coverage, except in the event of manifest manufacturing defect.

The Seller cannot be held liable in the following cases:

·  & ;nbsp;      Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check

·  & ;nbsp;      In case of misuse, use for professional purposes, negligence or lack of maintenance of the on the part of the Customer, as a case of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.< /span>

ARTICLE 9 – PERSONAL DATA

 

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purposes of delivering the Products. These personal data are collected solely for the execution of the sales contract.

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9.1 Collection of personal data

Personal data collected on the site www.malys-equipements.com are as follows:

Account opening

When creating the Client / User account:

Surnames, first names, postal address, telephone number and email address.

Payment

As part of payment for the Products offered on the site www.malys-equipements.com , this records financial data relating to the bank account or credit card of the Customer / User.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the service sale and delivery of the Products.

The category(ies) of co-contractor(s) is(are):

·  & ;nbsp;      Transport providers

·  & ;nbsp;      Payment institution providers

·  & ;nbsp;      Manufacturers and suppliers of the Product(s)

9.3 Data controller

The data processing manager is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Customer expressly agrees, their personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a minimum period of 5 years, covering the limitation period for applicable contractual civil liability.

9.6 Security and privacy

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration , destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of Customer and user rights

In application of the regulations applicable to personal data, Customers and users of the site www.malys-equipements.com have the following rights:

·  & ;nbsp;      They can update or delete the data that concerns them in the following way: span>

 

By connecting to our website www.malys-equipements.com in the section " My account ", " Your details ", "& nbsp;Edit your personal data»

 

·  & ;nbsp;      They can delete their account by writing to the email address contact@malys-equipements.com

·  & ;nbsp;      They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “ Data controller ”

·  & ;nbsp;      If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “ Data controller ”

·  & ;nbsp;      They may request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in article 9.3 “ Data controller ”

·  & ;nbsp;      They may also request the portability of data held by the Seller to another service provider

·  & ;nbsp;      Finally, they can object to the processing of their data by the Seller

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum of one month.

In the event of refusal to grant the Customer's request, the latter must provide reasons.

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.

The Customer may be asked to check a box under which he agrees to receive informative and advertising emails from from the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 – INTELLECTUAL PROPERTY

 

Site content www.malys-equipements.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

ARTICLE 11 – APPLICABLE LAW - LANGUAGE

 

These General Conditions of Sale and the operations resulting therefrom are governed and subject to French law.

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

ARTICLE 12 – DISPUTES

 

For any complaints, please contact customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these General Terms and Conditions .

The Client is informed that he can in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is:

Sas Médiation Solution

222 chemin de la bergerie

01800 Saint Jean de Niost

Tel. 04 82 53 93 06

E-mail: contact@sasmediationsolution-conso.fr

The Customer is also informed that he can also use the Online Dispute Resolution platform (RLL : https://ec.europa.eu/consumers/odr/main/?event=main.home2.show )

All disputes to which the purchase and sale operations concluded in application of these General Terms and Conditions and which would not have been subject to an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

ANNEX I

Withdrawal form

 

 

 

Date:

 

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.malys-equipements.com except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

 

 

For the attention of SARL MALYS

3 AVENUE DE LA MARTELLE

81150 TERSSAC (FR)

 

 

I hereby notify the withdrawal of the contract relating to the property below:

-          Order from (indicate date): …………………………… …………………………………..

 

-          Order number: …………………………………… …………………………………..

 

-          Client Name: ……………………………………… …………………………………………………

 

-          Customer Address: ……………………………………… ……………………………………

 

 

 

Signature of the Client (only in case of notification of this form on paper)