General terms and conditions of the E-Commerce site for the sale of goods online: www.mallewtrousseau.com
Last updated on 1 December 2016
Www.mallewtrousseau.com is a service of Mw. T SAS
Head office: 5 rue de bagnolest 75020 Paris
RCS Paris 539 196 451
Tel.. : 01 47 00 71 98
It is previously specified that these conditions exclusively govern sales by www.mallewtroussau.com (the "Site")
The present conditions are directed to a consumer, the exclusion of any professional, who has full legal capacity to contract. These conditions apply to all the orders you will spend on the Site.
We do everything we can to satisfy you. On the Site we present all the essential characteristics of the goods. We will be attentive to the comments you will send us (click here to go to the ' Contact Us ' section)
Mw is not the manufacturer of all the goods presented on this site. In this particular case, the goods are explicitly identified and the characteristics presented are derived from the information given by the manufacturers.
These general terms and conditions are presented in the French language.
- The different steps to follow for the conclusion of the online contract
The general terms of sale and the order confirmation constitute the sales contract between the consumer and Mw relating to the sale of the product.
Mw reserves the right to adapt or modify the general Conditions of sale at any time and without notice, adaptations or modifications being applicable to any orders subsequent to these modifications or changes.
On the Internet: www.mallewtrousseau.com (the "Site")
You make your selection by browsing the pages of the Site. Your selections are added to your shopping cart when you click on '' Add this product to the cart ''. At any time of your browsing on the Site, you can change your mind, change the quantities and cancel one or more products of your order or validate your order by clicking on '' Validate My order ''.
Mw T will not be liable for errors of seizure by the consumer, nor for any consequences in terms of delay or error of delivery. In these assumptions, the costs generated by a possible redispatch will be borne by the consumer.
In accordance with the provisions of article 1369-5 of the Civil Code, the consumer will have the possibility to check the details of his order and its total price and, if necessary, to correct it or amend it before definitively confirming its order to express its acceptance.
Mw reserves the right to refuse any order for legitimate reason, especially in the event of a payment problem, foreseeable difficulty in the delivery, abnormal order or past bad faith. Mw also reserves the right to request by e-mail and/or by telephone identification documents, in which case the consumer will be able to cancel his order.
1.2 Validation of the contract
When you click on ' Validate my command ', a confirmation message appears. It summarizes all the products and options selected.
In this order form, you must check all the information transmitted, including all the items useful for delivery (delivery address, digicode, telephones, etc.).
If you do not modify the form, then you must read these conditions. If you accept them, you must check the box "I have read the general terms and conditions of sale and I accept them without reservation".
To continue your order, you must click on ' Pay my order '.
After payment on our secure server (see '' Payment ''), an acknowledgement is displayed. It confirms the registration of your order and informs you that an electronic confirmation message will be forwarded to you as soon as possible.
The order will be considered definitive only from the sending by Mw to the consumer of the confirmation email and the sale of the product (s) will be found only after the payment of the corresponding price by the consumer.
1.3 Technical means of identification and correction of errors
You have at all times the ability to identify and correct your mistakes when entering your data. When you see an error after the conclusion of the contract, you must contact us (click here to go to the ' Contact Us ' section)
- The terms of archiving and access to the contract
We will carry out an archiving of contracts, purchase orders and invoices on a reliable and durable support.
- Legal and contractual guarantees
- Legal guarantees
The legal guarantee of conformity referred to in articles L. 217-4 to L. 217-13 of the consumer code and that relating to the defects of the thing sold, referred to in articles 1641 to 1648 and 2232 of the Civil code, shall apply in accordance with the law.
In the event of a legal guarantee of conformity, the consumer:
-Benefits from a period of two years from the issuance of the Good to act,
-May choose between repair or replacement of the property, subject to the cost conditions laid down in article L. 217-9 of the Consumer Code,
-Is exempted from reporting evidence of the existence of the failure to comply with the property during the 24 months following the issuance of the property, except for second-hand goods for which this period is 6 months.
The legal guarantee of conformity shall apply irrespective of the commercial guarantee. In the event that the consumer decides to implement the guarantee against the hidden defects of the thing sold as provided for in article 1641 of the Civil Code, he may choose between the resolution of the sale or a reduction of the selling price in accordance with article 16 44 of the said code. The foregoing items are available in Appendix 1 hereto.
We will also reimburse you all the costs of return on simple presentation of the vouchers.
We recommend that you check the apparent condition of the product in the presence of the deliveryman.
If the condition of the package proves to be deteriorated and/or the product is damaged at the opening of the package, you must issue a reservation in writing in the presence of the deliveryman.
We will ask you to return the product in the received state with all the elements.
- Contractual guarantees
The products purchased on the Site may qualify for a contractual guarantee. Different contractual guarantees are available on the product page. To subscribe to these warranties, you must add them to your basket.
If there is a problem, you can contact us to find out the steps to follow (click here to go to the ' Contact Us ' section)
You must keep your purchase invoice in order to be able to benefit from your contractual guarantee.
This warranty does not cover abnormal and non-compliant uses of the products, as indicated in the product sheets.
For products distributed and not manufactured by MW and covered by the manufacturer's warranty, we advise you to make contact directly with the manufacturer's after-sales service.
For products manufactured by MW, the contractual warranty on products applies for 1 year. It should be noted that this contractual guarantee applies irrespective of the legal guarantee of conformity or the guarantee of hidden defects. The contractual guarantee is complementary to the legal guarantees.
- Deadlines, fees and delivery arrangements
4.1 Terms of delivery
We will deliver the products to you at the address indicated in the order form.
A delivery shall be considered as soon as the consumer physically takes possession of the product at the place of delivery agreed with the consumer when the order is made and, if applicable, with the carrier. The taking of possession of the product is validated by the control and traceability system used by the carrier.
In case of absence of the recipient during delivery, the carrier will deposit a notice of passage at the delivery address indicated by the consumer. The products will then have to be recovered or withdrawn at the address and in the manner indicated by the carrier.
In the absence of withdrawal within the time limits fixed by the carrier, the products will be returned to Mw. T, which reserves the right to reimburse the price to the consumer, the cost of the port remaining at the expense of the consumer.
The transfer of risks occurs at the time of delivery, when the consumer physically takes possession of the goods at the delivery address indicated by the consumer, or with the carrier.
4.2 Delivery Time
We will deliver you no later than the date indicated in the confirmation message of your order.
In case of delay in delivery, we will notify you by email as soon as possible and we will offer you a new date.
In any event, the maximum delivery time shall be thirty (30) working days from the order of the product, except in particular specified to the consumer before the order is made.
In case of unavailability of the product ordered, we will inform you as soon as possible.
In the event of a delay in delivery, the consumer may denounce the sale provided that the delay in delivery is not attributable to the consumer, in particular in case of unavailability to receive his delivery.
4.3 Delivery costs
The shipping costs are offered from 150 TTC of purchase in metropolitan France. Below this amount, the applicable fees will be brought to your attention before you validate your order.
4.4 Follow-up of the delivery
You can contact us by phone for any questions related to your delivery (click here to go to the ' Contact Us ' section)
- The price
The prices of our products are indicated in euros all taxes included (French VAT and other applicable taxes). They include the cost of processing your order. For reminder, the shipping costs are offered from 150 of purchase in metropolitan France.
If you request a delivery outside the French territory, your order
may be subject to any taxes and customs duties when it arrives at destination.
The payment of these fees and taxes is your responsibility and we invite you to enquire with the competent authorities in your country. You should also check the possibilities of importing or using the products that you order us in the country of destination.
- The terms of payment and the means of securing
We encase your payment at the time of the conclusion of the online contract. Upon delivery of your order for shipping, an e-mail message informs you that your order is being shipped.
- Means of payment
The payment method to pay for your purchases on www.mallewtrousseau.com is done by credit cards: Visa, MasterCard, Cofinoga, Franfinance.
Payment is done on our partner's secure banking server.
This implies that no banking information about you is transiting through our site.
Payment by credit card is therefore perfectly secure; Your order will be registered and validated as soon as the payment is accepted by the bank.
Payments through our website are the subject of a security system. We have adopted the secure Soket Layer (SSL) protocol to encrypt credit card coordinates. To protect against possible intrusion, we do not store credit card numbers on our computer servers. Bank card numbers are processed by our bank which returns an authorization number.
- Satisfied or reimbursed: procedures for exercising the right of withdrawal
In accordance with the legal provisions, within 14 days after the receipt of your product, you may exercise your right of withdrawal. You do not have to justify reasons or pay a penalty. On the other hand you will have to tell us by email to the following address email@example.com your unequivocal will to retract you. You must return the product no later than 14 days after you send your withdrawal. With the exception of the return costs, which remain at your expense, we will reimburse you all the sums paid (except return costs) within 14 days after your withdrawal. In accordance with the legal provisions, we will be able to defer the refund until the day of recovery of the product or until you have provided proof of shipment of the goods. On our proposal you will also be able to opt for another method of reimbursement.
The refund of your purchase will be made after the verification of the product which must be returned in full condition and in its own original package. Any product returned incomplete, damaged, washed, damaged, deteriorated, dirtied, even partially will not be reimbursed or exchanged.
In accordance with the legal provisions, the right of withdrawal cannot be exercised for custom-made products, according to the specific specifications of the consumer.
The consumer proceeds with the return of the products. We recommend that you keep a proof of the reference to facilitate the procedures in case of problems occurring during transport.
- The duration of the contract and the validity of the price
Prices reflect the T.V.A. Applicable on the day of the order and any change in the applicable rate T.V.A. will be automatically reflected on the price of the products for sale on www.mallewtrousseau.com.
The products remain the entire property of MW. T SAS up to the full cashing of the price per MW. T SAS.
Our price offers are only valid in the double limit of the validity of the offer concerned and the available stocks.
Our offers of goods and prices are valid if they appear online on the day of the order.
Upon receipt of the order, Mw T is entitled to refuse it in the event that the prices displayed online or from the order are, in particular due to an error or technical malfunction, computer glitch, derisory at the actual price of sale of the product.
Mw reserves the right to modify prices at any time and without notice but the price applicable to a consumer order will remain as indicated in the summary of its shopping cart when the order is validated. The prices displayed online or out of the order are guaranteed, except that they prove to be, in particular due to an error or technical malfunction, computer glitch, derisory at the actual price of sale of the product.
- Applicable law/competent jurisdiction
The present conditions are subject to the French law.
In case of a dispute on the merits or on the form, the French courts will be only competent.
- Contact Us/After-sales service
If you wish to contact us, our customer service is at your disposal:
For information on our offers or to place an order: firstname.lastname@example.org
- Intellectual Property
All the elements published within the website, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software and other underlying technology are protected by the Provisions of the intellectual property Code and belong to Mw.
The Mw mark, as well as all the figurative marks or not, and more generally all other marks, illustrations, images and Logotypes appearing on the articles, their accessories or their packagings, whether deposited or not, are and Will remain the exclusive property of Mw, with the exception of the rights held on the visuals of the products, brands and logos of the suppliers of the products presented on the site.
Any total or partial reproduction, modification or use of these marks, illustrations, images and logotypes, for any reason and on any medium whatsoever, without the express and prior agreement of Mw. T is strictly prohibited.
Apart from any solicitation on its part, Mw T prohibits any affixing of a hypertext link to the Site. A consumer wishing to place on his personal website a link referring to the homepage of the site, must require beforehand the express permission of Mw.
- Personal information
We collect your personal information for the management of your orders and the follow-up of our business relations. They may be forwarded to our partners exclusively for the execution of your orders, in accordance with these general conditions
In accordance with the computer law and freedoms of 6 January 1978, you have the right to access, delete, rectify and oppose the personal data concerning you. All you have to do is write to us on line with customer Service or by mail Mw. T SAS 212 rue Saint Maur 75010 Paris by giving us your name, first name, email address, address and if possible your customer reference.
The products presented on the Site conform to the French legislation in force and to the standards applicable in France.
MW is committed exclusively to complying with the legal provisions applicable in France. No country-specific regulations for the delivery and/or consultation of the site may be opposed to Mw.
The consumer is solely responsible for complying with the regulations applicable in his country of residence or in the country of destination of the products. It is up to it to inform the local authorities concerned of any restrictions on the import, export or use of the products which it intends to order on the website.
The service provided by MW is limited to the supply of the products under the conditions described in the general conditions of sale. In no event shall the responsibility of Mw T be sought under the advice, recommendations and conditions of use of the products supplied by the manufacturers on the site or on their operating instructions.
The responsibility of Mw T is limited to the direct and foreseeable damage that may result from the use by the consumer of the site and the products. MW does not incur liability for damages resulting from the consumer's fault in respect of the use of the products or not in conformity with which is indicated in their instructions for use.
The responsibility of Mw T cannot be incurred if the non-performance or performance of its own obligations is attributable to the consumer, to the unforeseeable and insurmountable fact of a foreign third party to the delivery of the goods, or to a case of force majeure Unpredictable, irresistible and outside.
In general, Mw T cannot under any circumstances incur liability for indirect or unforeseeable damages arising in connection with the use of the Site and the ordering of products.
The responsibility of Mw T will in no case be sought because of (i) content available on other websites or internet sources accessible by means of hypertext links inserted on the Site (and in particular because of advertisements, products, services or any other information), or (ii) damages of any kind that may be suffered by the consumer on the occasion of a visit to these sites.
The use of the Site implies the knowledge and acceptance by the consumer of the characteristics and limitations of the Internet and related technologies, the lack of protection of certain data against possible diversions or Piracy and risks of contamination by potential viruses circulating on the network.
MwT is itself dependent on the quality of the Internet network it does not guarantee the continuity of the Site and does not ensure the correction of the defects found on the Internet network. As a result, MwT cannot be considered responsible for any unavailability of the Site or any difficulty connecting or interrupting the connection (dysfunction of the servers, the telephone line or any other connection (technical) When using the site or, more generally, any disturbances of the Internet network, affecting the use of the site. In this context, MwT is not responsible for sending the forms to an erroneous or incomplete address, any computer errors or defects found on the Site.
Subject to the contrary provisions, the Site shall be accessible in any place, provided that minimum technical conditions are met, in particular in terms of access to the Internet, mobile telephony, and technical compatibility Of the material used by the consumer. Given the global nature of the Internet network, the consumer agrees to comply with all public policy rules relating to the behaviour of Internet users and applicable in the country from which it uses the Site.
Annex 1: Provisions of the consumer Code concerning the legal guarantee of conformity
The seller delivers a property conforming to the contract and satisfies the defects of conformity existing at the time of issue.
It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it has been charged by the contract or has been carried out under its responsibility.
The property is in accordance with the contract:
1 ° If it is specific to the usual expected use of a similar property and, where applicable:
-If it corresponds to the description given by the seller and possesses the qualities which it has presented to the purchaser in the form of a sample or model;
-If it presents the qualities which a purchaser may legitimately expect in respect of public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2 ° or if it presents the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the purchaser, brought to the knowledge of the seller and which the latter has accepted.
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Defects in conformity which appear within twenty-four months from the issuance of the property are presumed to exist at the time of issue, unless evidence to the contrary.
For second-hand goods, this period is set at six months.
The seller can fight this presumption if it is not compatible with the nature of the property or the defect of conformity invoked.
The purchaser is entitled to demand the conformity of the property to the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not ignore when he contracted. The same is the case when the defect originated in the materials it provided.
In the event of a defect in conformity, the purchaser chooses between the repair and the replacement of the property.
However, the seller may not proceed according to the buyer's choice if that choice results in a clearly disproportionate cost in relation to the other modality, given the value of the property or the magnitude of the defect. It is then required to proceed, unless impossibility, according to the modality not chosen by the purchaser.
If repair and replacement of the property are impossible, the buyer can return the property and get the prize back or keep the property and get a part of the prize.
The same faculty is open to him:
1 ° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month after the buyer's claim;
2 ° or if this solution cannot be without a major disadvantage for the latter in view of the nature of the property and the use it seeks.
The resolution of the sale cannot be pronounced however if the defect of conformity is minor.
The application of the provisions of articles L. 217-9 and L. 217-10 is carried out at no charge to the purchaser.
These same provisions do not preclude the allocation of damages.
The action resulting from the failure to comply is prescribed by two years from the date of issue of the property.
The provisions of this section shall not deprive the purchaser of the right to exercise the action resulting from the redhibitory defects as provided for in articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature which is recognized by law.
The recourse action may be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.
Annex 2: Provisions of the civil Code concerning the guarantee against hidden defects
The seller is bound by the warranty due to the hidden defects of the thing sold which make it unfit for the use to which it is intended, such use that the purchaser would not have acquired, or would have given a lesser price, if he had Known.
The seller is not liable for the apparent defects and the buyer has been able to convince himself.
The seller of a building to be constructed shall not be discharged, either before the receipt of the work, or before the expiration of a period of one month after the acquisition of possession by the purchaser, of the defects of construction or of the defect of conformity then apparent.
There will be no contract resolution or lower price if the seller is obliged to repair.
He is held to have hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.
In the case of articles 1641 and 1643, the purchaser has the choice to make the thing and to be returned the prize, or to keep the thing and to be paid a part of the prize, as it will be refereed by experts.
If the seller knew of the defects in the matter, he shall, in addition to the refund of the price he has received, be liable for all damages to the purchaser.
If the seller was unaware of the defects in the matter, he will only be required to return the prize, and to reimburse the purchaser for the costs incurred by the sale.
The seller of a building to be constructed shall, as from the receipt of the work, be required to fulfil the obligations of architects, contractors and other persons related to the owner of the work by a contract of lease of work themselves in accordance with Sections 1792, 1792-1, 1792-2 and 1792-3 of this code.
These guarantees benefit the successive owners of the building.
There will be no resolving of the sale or a decrease in the price if the seller is obligated to repair the damage defined in sections 1792, 1792-1 and 1792-2 of this code and to assume the warranty provided for in section 1792-3.
If the thing that had defects perished as a result of its poor quality, the loss is for the seller, which will be held against the purchaser to the return of the prize and the other damages explained in the two preceding articles.
But the loss arriving by chance case will be on behalf of the buyer.
The action resulting from the redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in article 1642-1, the action shall be commenced, just as a result of foreclosure, within one year after the date on which the seller may be discharged from defects or deficiencies of apparent conformity.
It does not take place in sales made by the Justice authority.