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1 – Who are we?
Route de Rodez - 12800 Sauveterre de Rouergue
Tel. : 00 33 (0)5 65 47 06 64
SIRET Number: 415 154 525 000 18
Intracommunity VAT Number : FR 77415 154 252
EPA Code : 1512 Z

2 – Object
The present general conditions of sale are intended to, in one part, inform all potential customers about the conditions and manners in which MAX-CAPDEBARTHES.COM proceeds with the sale and delivery of products ordered. To further define the rights and obligations of the persons involved in the selling and buying of products by MAX-CAPDEBARTHES.COM to the consumer.
These General Conditions of Sale are applicable, without limitation or restriction, to all sales and products available on the “MAX-CAPDEBARTHES.COM” internet site.
If a condition is found to be lacking, it would be governed by the procedures in force in the mail order sector. All other conditions engage the seller only after written confirmation on their part.
If any provisions of these Terms are held to be invalidated or declared such under any law, following a final decision of a competent court, other provisions shall remain in force to their full extent.
Consequently, the act of placing any order for any MAX-CAPDEBARTHES.COM products on the internet site implies the Customer’s full and entire acceptance of the present general conditions of sale, which the Customer admits to acknowledging before confirming their purchase.
The products are available for sale worldwide.

Before placing an order, the Customer declares that:
- the purchase of products on MAX-CAPDEBARTHES.COM has no direct link to their professional activity and is strictly limited for personal use only;
-  have the full legal capacity to commit to the present general conditions of sale.

MAX-CAPDEBARTHES.COM reserves the right to modify the present general conditions of sale at any time and without prior notice. These modifications will then be applicable to all posterior orders.
The Customer personally guarantees the establishment of the technological means and the telecommunication, enabling access to the MAX-CAPDEBARTHES.COM site. The Customer retains the cost of telecommunications when accessing the internet and using the site.

3 – Provisions that are applicable to passed orders and concluded contacts
By completing the order form appearing on the site MAX-CAPDEBATHES.COM, and validating the order, the Customer fully acknowledges the application of the present General Conditions.

Order confirmations and the conclusion of contracts
The MAX-CAPDEBARTHES.COM website continuously contains commercial offers of sale of products, including those not legally considered as permanent offers. As will be explained in the section below, the contract will only be deemed finalised upon confirmation of the order by MAX-CAPDEBARTHES.COM.
After the validation of payment (that means the date of receipt of the payment in the company’s bank account, either by cheque, credit transfer or postal order, and as soon as the Customer’s account has been debited for card payments), the order is deemed accepted by MAX-CAPDEBARTHES.COM.
MAX-CAPDEBARTHES.COM will thus confirm the acceptance of the order, by any of these possible means: email, telephone, fax or post. This order confirmation, or order refusal, will be notified to the Customer no later than 24 hours after the receipt of the purchase order.

Right to recall and cancel an order
In accordance with article L.121-16 of the French Consumer Code, the Customer has a withdrawal period of 7 working days as from the delivery of the order, which will then be refunded if all products are returned in their original packing material and original purchase condition.
Before returning the goods, one must ask for a return authorisation number by email, otherwise MAX-CAPDEBARTHES.COM may likely refuse the customer’s parcel.

The right of withdrawal will result in the purchaser’s choice of :
- either a cash repayment, by crediting the bank card used at the time of the initial order, or, in case of impossibility, by cheque;
- or a voucher under the conditions set out below (cf. §2.3)

Products damaged or dirtied by the Customer will not be accepted for return. Products sent back in this condition shall be kept available for the Customer at MAX-CAPDEBARTHES.COM and the Customer is obliged to pay for them.
In the event of non-standard returns (incomplete or with the original packaging damaged), MAX-CAPDEBARTHES.COM reserves the right to refuse future orders made by the Customer.
The Customer bears the cost and risk of returning products.  Returns marked with “postage due” or charged cash on delivery will be refused. We advise you to send the product by post to the address that appears in the first paragraph of the General Conditions of Sale.

Beyond the legal time limit, the Customer cannot cancel their order, unless the amount indicated in the order confirmation issued by MAX-CAPDEBARTHES.COM, exceeds more than 5% of the price indicated on MAX-CAPDEBARTHES.COM for the product, its transport and its delivery. In that event, the order’s cancellation must be faxed to MAX-CAPDEBARTHES.COM, four hours after the customer’s receipt of the order confirmation.
No order cancellation will be accepted without the agreement of MAX-CAPDEBARTHES.COM.

General terms of refund
Subject to the provisions of §2.2 below, all refunds chargeable to MAX-CAPDEBARTHES.COM will be made in the form of a voucher or store credit to the value of its original website price.

In all cases, MAX-CAPDEBARTHES.COM will communicate this store credit by email, including the following information:
- its duration
- whether the Customer has the ability to demand a refund
- the amount

Unless told the contrary, during this period of validity, the Customer will be able to make a simple inquiry via email or fax as to whether their voucher can be properly refunded.
This refund will take place by crediting the bank card used at the time of the initial order, or, in case of impossibility, by cheque. For all other accepted means, as expressed by MAX-CAPDEBARTHES.COM, costs will incur on the behalf of the Customer.
In case of partial use of the voucher, the remaining amount will be available for the customer to use under the same terms as the original. A voucher will be considered used even if only partially used, and in the case of a refund claim.
Consequently, using this voucher means that the Customer pledges to neither contest nor oppose the transaction in question through their bank and not to do so for up to a year after using the voucher.
The Customer acknowledges that failure to do so will make them liable for repayment of the unlawfully obtained funds, without prejudice to any damages or interest, which may be claimed by MAX-CAPDEBARTHES.COM.

Changing orders
All changes to orders, and all additional or derogatory conditions of the object and methods of sale, are valid only insofar as they appear in the offer or the conformation made by MAX-CAPDEBARTHES.COM.
Any clauses or specific purchasing conditions issued by the Customer in writing which are in conflict with the present conditions, will be considered as null and void and will not be accepted by MAX-CAPDEBARTHES.COM.

Price
The price list on MAX-CAPDEBARTHES.COM does not represent a final sale price. At any time, it might be changed with no prior notice.
The products are charged at the rate agreed by the order confirmation, subject to the limitations of the general economic conditions (value added tax (VAT) and while stocks last and to possible errors.

All prices are net and in euros. Excluding packing costs, transportation costs and travel insurance, this is all indicated before the Customer’s order is validated.
The Customer may request to have the invoice sent to the billing address and not the delivery address, when ticking the appropriate option on the order form.

Payment
Payment transactions must be made by bank card, or by cheque or money order or finally by a bank transfer, the latter of which needs to be granted by MAX-CAPDEBARTHES.COM upon written demand on the behalf of the Customer according to specific conditions. The full amount of the order will be completed by MAX-CAPDEBARTHES.COM once the order has been validated or, if in the case of payment by cheque; bank transfer or postal order, receipt of payment has been received.
At no moment shall the sums paid be considered as deposits or instalments.
MAX-CAPDEBARTHES.COM accepts all means of national bank cards, VISA and MASTERCARD.
MAX-CAPDEBARTHES.COM accepts French cheques or postal bank orders.
If there is a difference between the name and address between the Customer and the cheque’s holder, MAX-CAPDEBARTHES.COM reserves the right to accept the payment once the Customer has established proof of identity and proof of residence.
MAX-CAPDEBARTHES.COM reserves the right to request a cheque from the Customer, in a discreet manner, if the amount involved is considerable, in order to approve the sale.
For bank transfers and postal orders, MAX-CAPDEBARTHES.COM will not assume the charge incurred.

If payments in instalments have been received at the behest of MAX-CAPDEBARTHES.COM have been defaulted, the entire amount due will be payable immediately, regardless of the conditions and due date agreed upon previously.
Products remain the property of MAX-CAPDEBARTHES.COM until the entire sum due at the time of ordering has been made.

In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, MAX-CAPDEBARTHES.COM reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress.
The Customer acknowledges to fully accepting the costs of proceedings or any other necessary expenses incurred by making payments.

In the fight against fraud on the internet, information pertaining to your order might be communicated to third parties for verification.

4- The general obligations of parties
The failure of a party to pursue any breach of any of the provisions of the present general conditions of sale hereof, shall not be construed as a waiver either of such provisions or of the future renunciation of the provisions in question.

Obligations of MAX-CAPDEBARTHES.COM
MAX-CAPDEBARTHES.COM undertakes, once the order has been accepted, to sell and to deliver products ordered by the Customer to the address provided.

MAX-CAPDEBARTHES.COM commits to readying the products ordered for transportation no later than 72 working hours after the order has been accepted, unless other arrangements have been stipulated in the order confirmation.
In the event of unavailability of the ordered product, the Customer will be informed as soon as possible.

Obligation of the Customer
In case of non-fulfilment by the customer of their payment obligations, whatever the cause, the immediate return of goods delivered at the Customer’s risk and cost shall be demanded.
The Customer commits to informing MAX-CAPDEBARTHES.COM of shipment details during working hours.
The Customer commits to paying the price stipulated and agreed upon for MAX-CAPDEBARTHES.COM’s services.
The Customer also commits to paying customs duties and any other taxes linked to the import of products in the place of delivery.
The Customer agrees to have knowledge of local laws and regulations in the place of delivery and of the act of importing and detaining products that are sold by MAX-CAPDEBARTHES.COM (outside of metropolitan France).

5 – Guarantees and limitations

Guarantees
MAX-CAPDEBARTHES.COM guarantees all the necessary care has been undertaken to conform to the product descriptions that appear on the website on the day of purchase.
MAX-CAPDEBARTHES.COM guarantees against hidden defects on all manufactured products. This guarantee does not include any transportation charges, which are the responsibility of the Customer.

Limitations
The guarantee of MAX-CAPDEBARTHES.COM is limited to the repair or replacement of something with equal value for products found to be defective by MAX-CAPDEBARTHES.COM, by taking into account the correct use of the product.

Subject to the provisions of the local laws and regulations, the responsibility of MAX-CAPDEBARTHES.COM is strictly limited to the obligations defined in the present conditions, or taking into account specific cases.
In the event that the Customer returns products that were not initially produced by MAX-CAPDEBARTHES.COM, the company can in no way be held responsible for damage of a material or non-material type that may occur during the repair, even if the offer of a repair had been accepted by the Customer.

All risks linked to the return of a product will be at the charge of the Customer.
MAX-CAPDEBARTHES.COM will not assure the Customer’s specific expectation of the product.
In any case, for whatever reason for the accountability of MAX-CAPDEBARTHES.COM, it is limited to the price paid for the order.
The products offered are in compliance with present French legislation.
MAX-CAPDEBARTHES.COM is not responsible in the case of non-respect of the legislation of the country where products are delivered. It is the responsibility of the customer to verify with the local authorities concerning the importation or use of the products which the customer intends to order.
The images, graphics and product descriptions of sale offers are not contractual agreements. They are only an indication and are by no means contractual.

It is expressly agreed that in the case of Force Majeure, or in the event of a lock-out, strike, total or partial stopping of work at MAX-CAPDEBARTHES.COM or at their suppliers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measurements preventing, restricting, delaying or prohibiting the manufacture or the importation of the goods, MAX-CAPDEBARTHES.COM is released from all responsibilities to the delivery. MAX-CAPDEBARTHES.COM will keep the customer informed, in a timely manner, of the cases and the events outlined above.
MAX-CAPDEBARTHES.COM is not responsible for any inconvenience or damages inherent to the use of the Internet network, namely service interruption, outside intrusion, IT virus or any event due to force majeure, in accordance with case law.

MAX-CAPDEBARTHES.COM additionally reserves the possibility to neither record a payment nor confirm an order for whatever reason, if relating in particular to a problem with available stock or the product’s supply, a problem with the order received or a foreseeable problem concerning the delivery.

6 – Complaints
On receiving the products, the Customer must immediately check their state and their conformity with the order.

If the parcel is damaged :
In the event that products do not match the order criteria (faulty or substandard), the Customer must lodge a complaint within seven days of signing for the delivery, in writing and sent by post.

Returned products : limitations
All risks linked to the return of a product will be at the charge of the Customer.
Without a written complaint within those seven days, MAX-CAPDEBARTHES.COM shall not be liable and will not proceed to permit exchanges or refunds.

7 – The protection of intellectual property rights
The company name, photos, text or logos present on the MAX-CAPDEBARTHES.COM website remains the company’s exclusive intellectual property and of their respective owners.
All partial or complete imitation of the MAX-CAPDEBARTHES.COM website is forbidden (unless for personal use).
However, MAX-CAPDEBARTHES.COM authorises the creation of hyperlinks to its internet site.

8 – Jurisdiction
The present contract is subjected to French law. The language of the present contract is English.
All complaints concerning MAX-CAPDEBARTHES.COM products or to their methods of payment, will be submitted to the exclusive jurisdiction of the courts in Rodez (12) if no amicable settlement has been reached.
In all cases, the final validation of the online credit card payment and the order will constitute as proof of purchase in accordance with the French law of March 13, 2000 and the Customer will be required to pay the sums incurred for the order. This validation signifies the acceptance of all the site’s operations.