TERMS AND CONDITIONS
PRESENTATION
Max Capdebarthes belongs to SARL MC CUIR with a capital of €7622.45, whose head office is located at 19 route de la Garcie 12800 Sauveterre de Rouergue and registered in the trade and companies register of Rodez (12000) under the number SIRET 415154 525 000 18, intra-community VAT number FR77415154525 and APE code: 1512 Z.
OBJECT
The purpose of these general conditions of sale is, on the one hand, to inform any potential user of the site of the terms and conditions under which MAX-CAPDEBARTHES.FR proceeds with the sale and delivery of the products ordered.
They also define the rights and obligations of the parties in the context of the sale of products remotely by MAX-CAPDEBARTHES.FR to the customer.
Any person who orders a product offered for sale on the MAX-CAPDEBARTHES.FR site implies full and complete acceptance of the general conditions of sale which the customer acknowledges having read prior to his order.
PRODUCTS
The items offered for sale by Max Capdebarthes are those that appear on the MAX-CAPDEBARTHES.FR site on the day of the consultation by the customer.
The products are presented according to a detailed sheet (name, description, price) designed with the maximum of information and details to allow the most faithful description of the product.
We attach great importance to ensuring that the photos reflect the products as accurately as possible. However, the characteristics in terms of dimensions and colors may vary given the craftsmanship of our creations.
ORDER
The fact that the customer confirms the order on the MAX-CAPDEBARTHES.FR website implies full and complete acceptance of these General Conditions, which alone apply.
The site allows you to place your online orders on a selection of products offered by Max Capdebarthes.
Any order placed by the customer implies acceptance of the prices and description of the products available for sale as well as the associated costs.
After validation of the payment, that is to say upon receipt of payment by credit card, by bank transfer, the order is deemed accepted by MAX-CAPDEBARTHES.FR.
MAX CAPDEBARTHES orders are confirmed by e-mail.
At certain times (especially during the Christmas period), the processing time may be longer due to the greater number of orders.
PRICE
The prices of the products are indicated on the site in Euros including VAT.
For countries outside the European Union, customs fees and other taxes are not included and must be paid by the customer directly to the carrier.
Max Capdebarthes reserves the right to change prices at any time without justification.
However, the prices will be invoiced on the basis of the rates in force when the payment of the order is recorded, subject to availability.
Transport costs are not included in the sale price displayed, they are indicated before the validation of final payment.
PAYMENT
Payment currency:
All orders placed on MAX-CAPDEBARTHES.FR are payable in euros.
The customer has 3 different payment methods to make purchases on our site.
BANK CARD
We accept CB/VISA/MASTERCARD cards for online payment via the secure Courtois Bank system: Clic&Pay.
The order will be processed once the online payment has been validated.
BANK TRANSFER
The order will be processed upon receipt of the transfer and after validation by the bank.
PAYMENT IN 3 INSTALLMENTS WITHOUT FEES
We offer you payment in 3 installments free of charge from 100€ of purchase with our partner ALMA.
If you pay for your order in installments, you accept Alma's general customer conditions as well as Alma's special conditions for Max Capdebarthes customers.
· Max Capdebarthes offers its Customers the Alma credit service for the settlement of their purchases and the execution of payment. This is conditional on the Customer's acceptance of the T&Cs or the credit agreement offered by Alma."
· "Any refusal to grant credit by Alma for an order may result in the cancellation of this order."
· "Any termination of the T&Cs that bind the Customer and Max Capdebarthes entails the termination of the T&Cs or the credit agreement between Alma and the Customer.
Service provider: Alma SAS, with capital of €236,426.33, whose registered office is 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, registered in the Nanterre Trade and Companies Register under number 839 100 575.
Countries Accepted: Countries accepted for the Customer: France, Spain, Belgium, Germany and Italy.
Alma website complaint page: https://support.getalma.eu/
OBJECT
"Payment in installments" is a payment facility granted by the Seller to the Customer allowing the payment of the order to be spread over several installments (3 installments according to the Seller's choice). This payment facility does not fall within the scope of consumer credit regulations (see art. L311-3 of the Consumer Code).
The Service Provider provides technical support to the Seller and the Customer for the implementation and management of this payment facility.
TERMS
Access to the payment facility is reserved for individuals (adult natural persons) and professionals (legal persons) residing in an Accepted Country.
These people must hold a bank card such as Visa, Mastercard, American Express or Bank Cards issued in an Accepted Country, or a bank account held by a bank domiciled in an Accepted Country. In the event of payment by card, it must be valid for at least one month after the last due date of the payment facility. Cards with systematic authorization, credit, prepaid, virtual or in a country not belonging to the list of Accepted Countries are not accepted.
Access to the payment facility service is subject to the decision of Alma, which may refuse access to the Customer, in particular in the event of suspicion of fraud or risk of non-payment.
The Service Provider may request more information from the Client, in order to authorize his access to the payment facility. This request may concern the Customer's identity document or a request for access to the Customer's bank account.
The Customer undertakes that the Service Provider may debit the sums due from his bank account on the dates provided for in the special conditions.
The Customer agrees that the claim that the Seller will have against him may be assigned to a third party.
EFFECTIVE
The Customer materializes his request for access to the payment facility by clicking on the button "Pay in several installments" ("Pay in 3 installments") on the Service Provider's interface. If necessary, the Customer may be asked to affix his signature.
The Seller materializes his agreement for this payment facility by the message "Payment accepted" or "Accepted" on the Service Provider's interface. The Customer's order is then validated and the payment facility takes effect immediately.
NON-PAYMENT - ONLINE PAYMENT - SECURITY AND CONFIDENTIALITY
The products remain the property of MAX-CAPDEBARTHES.FR until full payment of the sums due upon confirmation of the order by MAX-CAPDEBARTHES.FR.
MAX-CAPDEBARTHES.FR reserves the right to suspend or cancel any order and/or delivery, whatever their nature and their level of execution, in the event of non-payment of any sum which would be due by the customer, or in the event of a payment incident.
As part of the fight against Internet fraud, information relating to your order may be transmitted to any third party for verification.
Max Capdebarthes reserves the right to ask the customer for proof of address and/or identity. Otherwise, Max Capdebarthes would be obliged to cancel the order to guarantee the security of the transactions.
SHIPMENTS AND DELIVERIES
Delivery time :
For products in stock: we undertake to ship your order within 5 working days from your order date. We usually ship orders within 3 business days.
You are informed by e-mail as soon as the order is dispatched with the tracking number of the package corresponding to your shipment.
For products out of stock, you have the option of ordering the product and the manufacturing time is one month from the validation of the order and payment. We send you an email upon receipt of the order and at the time of shipment.
DELIVERY :
We use two service providers for the delivery of packages.
Max Capdebarthes reserves the right to use the services of a carrier other than those named below.
COLISSIMO in France and rest of the world
You can choose delivery to a Colissimo collection point of your choice or home delivery with signature.
It takes an average of 48 to 72 hours. These deadlines are given as an indication.
DPD in France and Europe
2 choices are available to you:
Delivery in DPD Relais
You can select up to 5 pick-up points in relation to your location, 95% of the pick-up points are less than 10 minutes from your home, place of work, etc., with a wide opening hours and systematically open on Saturdays.
(Data from DPD).
Delivery in DPD Predict
Interactive delivery by appointment via SMS and email 24-48h. You are delivered over a 3-hour slot (8 a.m.-11 a.m.; 11 a.m.-2 p.m.; 2 p.m.-5 p.m.). If you are not at home, you can choose an à la carte delivery method via dpd.fr, for example: next door, workplace, vacation spot, DPD agency, and optional pick-up point.
(Data from DPD).
Contact details and place of delivery:
Please be sure to check the contact details you provide when ordering and in particular the delivery address.
Max Capdebarthes cannot be held responsible for any errors when entering the address and the related consequences (delays or delivery errors).
SHIPPING FEES
Shipping costs are free in mainland France from purchases of €200 on the MAX-CAPDEBARTHES.FR website.
Below €200 of purchases, each order is subject to shipping costs for any delivery to metropolitan France.
Delivery costs outside metropolitan France are payable when ordering.
The amount of the delivery costs varies according to the carrier and the delivery option chosen as well as the destination, for example Metropolitan France, Europe, etc.
This amount is indicated to the customer when placing the order.
DELIVERY DELAY RELATED TO THE CARRIER
Max Capdebarthes cannot be held responsible for delays in delivery linked to carriers or in the event of force majeure.
In the event of the occurrence of an event of force majeure as defined in article 1218 of the Civil Code and by the case law rendered by the French courts, the performance of the services of Max Capdebarthes and the Client will be suspended in whole or in part.
Force majeure means any external, unforeseeable and irresistible event preventing Max Capdebarthes from performing its contractual obligations.
DELIVERY DELAY LINKED TO MAX CAPDEBARTHES
Max Capdebarthes will keep the customer informed of any shipping delays of which he becomes aware.
In case of delay, if the product has not yet been sent, the customer can cancel his order.
On delivery, we advise you to check the condition of the packaging and the goods and to report the damage to the carrier within 48 hours, as well as to Max Capdebarthes customer service. If this procedure is not respected, Max Capdebarthes disclaims all responsibility for any exchanges or refunds of products.
RIGHT TO RETRACT
According to ARTICLE L221-18 of the Consumer Code, the consumer has a period of 14 days to exercise his right of withdrawal from a contract concluded at a distance, following telephone or off-premises canvassing, without having to justify its decision or to bear any costs other than those provided for in Articles L.221-23 to L.221-25.
The period mentioned in the first paragraph runs from the day:
1-From the conclusion of the contract.
2-Of receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract. In the case of an order relating to several goods delivered separately or in the case of an order of a good composed of batches or multiple parts whose delivery is staggered over a defined period, the period runs from from the 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 the receipt of the first good.
In the event of exercise of the right of withdrawal, the Customer will have the choice to request either the refund of his order, or the exchange of the product.
TERMS
The Product must be returned in its original packaging, in perfect condition (new, undamaged, undamaged, unused, unsoiled or washed by the Customer) accompanied by a copy of the order form or the invoice as well as the withdrawal form (Annex art.L221-18 of the consumer code)
Model withdrawal form:
For the attention of Atelier Max Capdebarthes, 19 route de la Garcie 12800 Sauveterre de Rouergue.
“I hereby notify you of my withdrawal from the contract relating to the sale of (item name + color + price)
Order received on...
Customer name and address
Client's signature.
The exercise of the right of withdrawal will give rise to the Customer's choice:
Refund or Voucher.
Reimbursement: Reimbursement is made by the same means of payment used by the customer on the Max-Capdebarthes.fr website.
The customer will be reimbursed for all costs incurred: delivery costs included if the order is less than €200 of purchases.
Voucher: A voucher for the value of the initial amount committed will be created specifically for the customer for a limited time.
No refund clause
The item(s) of the order returned by the customer must be shipped in their original packaging. Products returned without protection or poorly protected will be refused.
This right of return can only be accepted for products in their original condition and complete (packaging, accessories, instructions). Items returned damaged, scratched, stained, damaged, soiled or incomplete by the customer are neither taken back nor exchanged.
Please note: items personalized at the request of the Customer (example: marking of initials) do not fall within the scope of this law and do not benefit from the right of withdrawal. These products can not be returned or exchanged.
GUARANTEES
Commercial Guarantees
Max-Capdebarthes guarantees that all the necessary care has been taken to guarantee the conformity of the product with regard to its description which appears on the site on the date of the order.
Atelier Max Capdebarthes attaches great importance to the quality and finish of its products, however it may happen that defects are not visible during the finish.
Only products of the Max Capdebarthes brand are repaired.
Max Capdebarthes undertakes to repair any product found to be defective for a period of 24 months.
We bear the following repair costs:
-Prick defect
-Failure of the closure and the zip
- Fault in fasteners, riveting, jewelry.
These defects are borne by Max Capdebarthes as well as the cost of returning the repaired product.
Shipping costs are the responsibility of the customer.
Beyond this 24-month period, we provide repairs. However, any costs will be borne by the Customer. Please contact the Atelier to study the request. atelier@max-capdebarthes.fr
Are excluded from the guarantee
normal wear and tear from regular use, frictional wear,exposure to extreme temperatures, damage resulting from a cause external to the product (accident, shock, immersion, etc.), Exposure to unsuitable products or solvents damage caused by improper maintenance, misuse or negligence, abnormal or non-compliant use of the products, damage due to the intervention of a repairer other than Atelier Max Capdebarthes.
Legal Guarantees
According to article L.217-3 of the Consumer Code, the customer benefits from the legal guarantees relating to the lack of conformity of the product.
The legal guarantee of conformity is governed by articles L.217-3 and following of the consumer code:
article L.217-7 provides: "The defects of conformity which appear within 24 months from the delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the property or the defect invoked.(...)
Article L.211-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or carried out under his responsibility. “Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Buyer, brought to the attention of the seller and which the latter has accepted. »
Article L.211-12 of the Consumer Code: “the Action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
The legal guarantee against hidden defects is provided for by articles 1641 to 1649 of the civil code:
This guarantee covers the defects of the thing sold which were not visible at the time of the sale and which make it unsuitable for the use for which it is intended, or which diminish this use so much that the buyer would not have bought it. , or at a lower price, if he had known about them. It must be implemented within two years from the discovery of the defect.
Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Buyer does not would not have acquired, or would have given only a lesser price, if he had known them. »
Article 1648 first paragraph of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. »
Annex to article D.211-2 of the consumer code:
"The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer does not is required to establish only the existence of the lack of conformity and not the date of its appearance.
"When the contract of sale of the property provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of appearance of the latter.
"The legal guarantee of conformity entails the obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the good. The legal guarantee of conformity gives the consumer the right to repair or replacement of the good in a period of thirty days following his request, free of charge and without major inconvenience for him. If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
"If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good. The consumer can obtain a reduction in the price of purchase by keeping the goods or terminating the contract by being reimbursed in full against return of the goods, if: the professional refuses to repair or replace the goods; The repair or replacement of the goods takes place after a period of thirty days; The repair or the replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or he bears the cost of installing the repaired or replacement good;
;The non-conformity of the good persists despite the seller's attempt to bring it into conformity remains unsuccessful. The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies that the reduction of the price or the resolution of the contract is immediate. The consumer is then not obliged to request the repair or the replacement of the good beforehand.
"The consumer is not entitled to rescind the sale if the lack of conformity is minor."
"Any period of immobilization of the property with a view to its repair or replacement suspends the guarantee which remained to run until the delivery of the restored property."The rights mentioned above result from the application of articles L .217-1 to L.217-32 of the consumer code."
"The seller who in bad faith obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average annual turnover. . Article L.241-5 of the Consumer Code."
"The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or a full refund against return of the property."
AMICABLE RESOLUTION OF COMPLAINTS AND CONSUMER MEDIATION
In the event of a dispute, we would like the Customer to first contact Max Capdebarthes to agree on an amicable solution together.
From 2016, consumers in all countries of the European Union must benefit from faster, less expensive and more accessible means of redress than legal proceedings to settle their dispute related to an online purchase online.
European Directive (minimum harmonisation): Dir 2013/11 of 21 May 2013 relating to the out-of-court settlement of consumer disputes (directive relating to ADR)
Regulation no. 524/2013 of May 21, 2013 relating to the online settlement of consumer disputes.
Transposition into French law:
Ordinance no. 2015-1033 of August 20, 2015 relating to the out-of-court settlement of consumer disputes.
Decree no. 2015-1382 of October 30, 2015 relating to the mediation of consumer disputes.
Decree no. 2015-1607 of December 7, 2015 relating to the conditions for appointing company mediators.
Consumer mediation
According to article L.612-1 of the Consumer Code, Max Capdebarthes must guarantee the customer effective recourse to a consumer mediation system.
"Every consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a mediation mechanism of the consumption. The professional can set up his own consumer mediation system or offer the consumer the use of any other consumer mediator meeting the requirements of this title.
The contact details of the consumer mediator to whom the professional depends must be communicated to consumers under the conditions provided for by article L.616-1 of the consumer code specified by article R.616-1 of the said code.
Recourse to mediation is a voluntary process initiated by the consumer.
According to Articles L.616-1 and R.616-1 of the Consumer Code, the contact details of the competent consumer mediator must be entered.
https://www.economie.gouv.fr/mediation-conso
Article L.616-1 of the same code provides: "Any professional communicates to the consumer, according to the procedures set by decree in the Council of State, the contact details of the competent mediator or mediators to whom he reports. The Consumer Code; the professional is also required to provide this same information to the consumer, as soon as a dispute could not be settled within the framework of a prior complaint directly lodged with its services. Thus article R.616-1 of the consumer code provides "In application of article L.616-1, the professional communicates to the consumer the contact details of the consumer mediator(s) to which he reports, by entering this information in a visible and legible manner on its website, on these general conditions of sale or service, on these order forms or, in the absence of such media, by any other appropriate means. It also mentions the address of the site internet of the mediator(s).
Online Dispute Resolution Platform
In accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, "Professionals established in the Union, participating in online sales or service contracts, who take the commitment or are required to use one or more ADR entities to resolve disputes with consumers inform consumers of the existence of the ODR platform and the possibility of using it to resolve their disputes. They provide an electronic link to the ODR platform on their website and, if the offer is made by email, in that email. This information is also provided, where applicable, in the general conditions applicable to online sales and service contracts. ".
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
Attribution of jurisdiction
This agreement is subject to French law. The language of this contract is French. Any dispute relating to the products of MAX-CAPDEBARTHES.FR or their settlement in the event of impossibility of amicable settlement; according to article R.631-3 of the consumer code provides that the consumer can seize at his choice, in addition to one of the jurisdictions territorially competent under the code of civil procedure, the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.
In all cases, the online provision of the credit card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the law of March 13, 2000 and will be worth payment of the sums committed by the seizure of the articles appearing on the purchase order. This validation is worth signing and express acceptance of all the operations carried out on the MAX-CAPDEBARTHES.FR site.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
The denominations, commercial names, photos, texts or marks present in the site of MAX-CAPDEBARTHES.FR remain the exclusive property of MAX-CAPDEBARTHES.FR and their respective owners.
Any partial or total reproduction of the MAX-CAPDEBARTHES.FR site (photographs, texts), without the express prior consent of MAX-CAPDEBARTHES.FR is prohibited (except for family use).
MAX-CAPDEBARTHES.FR however authorizes the creation of hypertext links to its website.