The online shop shop.madface.net is an online shop of the company MADFACE.
Any order taken for a product appearing in the online shop shop.madface.net requires prior consultation of these general terms and conditions of sale. Consequently, the customer acknowledges that he/she is fully informed of the fact that his/her agreement regarding the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the online shop on the website. The customer has the right to save or edit these general terms and conditions of sale, it being specified that both the saving and editing of this document are the sole responsibility of the customer. The online shop shop.madface.net is set up by MADFACE. All the information presented there is in French. The customer declares that he/she has full legal capacity to commit to these general terms and conditions of sale. MADFACE reserves the right to adapt or modify these general terms and conditions of sale at any time. In case of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order.
Our scarves are shipped by our partner Amazon. Therefore, any order of scarves must be made separately from all other items (caps...). To this end, any order for scarves with other types of items will be cancelled.
Article 1 : Completeness
These general terms and conditions of sale express all the obligations of the parties. In this sense, the customer is deemed to accept without reservation all the provisions of these general terms and conditions of sale. No other general conditions contained in the documents sent or delivered by the customer may be incorporated herein, as long as these documents are incompatible with these general terms and conditions of sale.
Article 2 : Purpose
The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by MADFACE to the customer.
Article 3 : Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order : these general conditions of sale; the order form. In the event of any inconsistency between the provisions contained in the documents of different rank, the provisions of the document of higher rank shall prevail.
Article 4 : Entry into force and duration
These general terms and conditions of sale come into force on the date of signature of the order form. These general conditions of sale are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by the company MADFACE.
Article 5 : Electronic signature
The "double-click" of the customer under the purchase order constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.
Article 6 : Registration of orders
6-1 : Order validation
The date of validation of the order corresponds to the date of the order in the case of payment by credit card online, the date of receipt of the cheque in the case of payment by cheque, the date of receipt of the transfer in the case of transfer, the receipt of the mandate in the case of payment by mandate.
6-2 : Order confirmation
The contractual information will be confirmed by e-mail within 24 hours and at the latest at the time of delivery or, failing that, at the address indicated by the customer on the order form.
Article 7 : Proof of the transaction
The computerized records, kept in MADFACE's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 : Product information
8-1 : MADFACE presents on its website the products to be sold with the necessary characteristics to comply with Article L 111-1 of the Consumer Code, which provides for the potential customer to know the essential characteristics of the products he wishes to buy before placing a final order.
8-2 : the offers presented by MADFACE are only valid within the limits of available stocks.
Article 9 : Prices
Prices are indicated in euros, and are only valid on the date the order form is sent by the customer. They do not take into account delivery costs, invoiced in addition, and indicated before the validation of the order. The prices displayed are in all taxes included and take into account VAT. The VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the final price of the order placed on the online shop. Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as a deposit or instalments.
Article 10 : Method of payment
To pay for his order, the customer has 7 days, at his choice on all payment methods referred to in the order form. The customer guarantees MADFACE that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. MADFACE reserves the right to suspend or cancel any order or delivery, whatever their nature and level of execution, in the event of refusal of authorization of payment by credit card by officially accredited organizations or in the event of non-payment of any amount due by the buyer, or in the event of a payment incident. In particular, MADFACE reserves the right to refuse to make a delivery or to honour an order from a customer who has not fully or partially settled a previous order or with whom a payment dispute is being administered.
MADFACE has implemented an order verification procedure to ensure that no one uses another person's bank details without their knowledge. As part of this verification and in case of doubt as to the authenticity of the Customer's identity, the Customer may be asked to send MADFACE a copy of an identity document and a proof of address by electronic means. The order will only be validated after receipt and verification by MADFACE of the documents sent by the customer. In case of doubt about the authenticity of the Customer's identity, MADFACE reserves the right to cancel the order.
Article 11 : Availability of products
The order will be executed at the latest within 3 days from the day following the day on which the customer has paid for his order. In the event of unavailability of the ordered product, in particular due to our suppliers, the customer will be informed as soon as possible and will have the possibility to cancel his order. The customer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or the exchange of the product. But in any case, MADFACE will endeavour to ship all orders within 48 hours, excluding public holidays.
Article 12 : Terms of delivery
No order will be shipped until full payment has been made for the said order. The products are delivered to the address indicated by the customer on the order form. The customer is required to check the condition of the packaging of the goods upon delivery and to report any damage due to the carrier on the delivery note, as well as to the company MADFACE, within one week. The customer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form. Shipments are mainly made by Colissimo with tracking, and by Colissimo International with tracking for the European Community and DOM-TOM.
As soon as we send a shipment, you will immediately receive an email informing you.
To reduce transport costs to a minimum, all products are shipped by a direct delivery service and offers you the possibility of recovering the products ordered at a La Poste office for Colissimo tracking, close to the delivery address in case of absence of the initial delivery place when the delivery person is presented. If you are absent on the day of delivery, the delivery person will leave a delivery notice in your mailbox, which will allow you to pick up your package during business hours, within 15 days. It is possible, as in any shipment, that there may be a delay in delivery or that the product may get lost. In the event of a delay in delivery compared to the date we indicated in the shipping email, we ask you to inform us of this delay by sending us an email. We will contact La Poste to start an investigation. An investigation at the Post Office may take up to 21 days from the date of commencement of the investigation. If during this period, the product is found, it will be immediately redirected to the delivery address indicated during the order. If, on the other hand, the product is not found at the end of the 21-day investigation period, La Poste considers the package lost. Only then can we send you a replacement product, at our expense. If the ordered product(s) were no longer available at that time, we would refund you the amount of the products affected by the carrier's loss. If the product(s) were still available, but had changed the selling price on the site, we would apply the new selling prices, either by refunding you by cheque for the difference, or by requesting an additional cheque for this price difference. We decline any responsibility for any extension of delivery times due to the carrier, particularly in the event of loss of products or strike.
Exceeding the shipping time may not give rise to any cancellation of the order, any reduction in the price paid by the buyer, and any payment of damages, provided that the customer is delivered within 30 working days following the confirmation of his order.
Article 13 : Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken product) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature. The customer must at the same time confirm this anomaly by sending the carrier within two working days following the delivery date a registered letter with acknowledgement of receipt setting out the said claims. The customer must send a copy of this letter by simple mail to : MADFACE, Quartier Poirier - 97227 Sainte-Anne.
Article 14 : Errors of delivery - Defective products
14-a : the customer must submit to MADFACE on the same day of delivery or at the latest on the first working day following delivery, any claim of error in delivery or non-conformity of the products in kind or in quality with the indications appearing on the order form. Any claim made after this deadline will be rejected.
14-b : the formulation of this complaint to the company MADFACE can be made by connecting you on our site in the section "Follow your order", where after having entered your customer number, you can ask us your question by specifying the reference of the order.
14-c : any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release MADFACE from any liability towards the customer.
14-d : Upon receipt of the complaint, MADFACE will assign an exchange number for the product(s) concerned and communicate it to the customer by e-mail, fax or telephone. The exchange of a product can only take place after the customer has been assigned an exchange number according to the procedure described above.
14-e : in the event of a delivery or exchange error, any product to be exchanged or refunded must be returned within 30 days to MADFACE as a whole and in its original packaging, by registered Colissimo to : MADFACE, Quartier Poirier - 97227 Sainte-Anne.
To be accepted, any return must be reported in advance to MADFACE's Customer Service Department. Shipping costs advanced by the customer will not be refunded in the event of a delivery error.
14-f : in the event of non-delivery due to an incorrect address entered by the customer when placing the order, the cost of returning the goods will be borne by the customer.
Article 15 : Product Warranty
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions of these general terms and conditions of sale may not deprive the customer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the item sold.
Article 16 : Return or exchange of goods
MADFACE may accept, on a commercial basis and at its sole discretion, the return of item(s) not suitable for the customer and proceed to a refund in the form of a credit note, with the exception of the actual postage/packaging costs, after deduction of any contribution you may have made to these costs. Any return must be accepted in advance by MADFACE's Customer Service : by connecting to our site in the "Track your order" section where, after entering your customer number, you can obtain your order number. The return must be made by Colissimo followed by : MADFACE, Quartier Poirier - 97227 Sainte-Anne. The return of the goods is made at the expense, risk and peril of the buyer. Only products returned in their entirety, in their original packaging complete and intact, and in perfect condition for resale, may be returned. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. In the event of an exchange, the re-shipment will be at the customer's expense. In the event of a refund, MADFACE will make every effort to refund in the form of a customer credit note within a maximum of 30 days. The customer will then receive a credit note.
For obvious reasons of hygiene, no exchange or refund will be made by MADFACE for items such as caps, swimwear and other underwear.
Article 17 : Retention of Title Clause
The products remain the property of MADFACE until the order has been fully collected by MADFACE. However, from the time of delivery, the risks of the goods delivered are transferred to the customer.
Article 18 : Absolute necessity
Neither party shall have failed to fulfil its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days of the date on which it became aware of them. The two parties will then get together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts more than three months, these general terms and conditions of sale may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals : the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 19 : Partial non-validation
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 20 : No waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions of sale cannot be interpreted in the future as a waiver of the obligation in question.
Article 21 : Title
In the event of any difficulty of interpretation between any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 : Applicable law
These general conditions are subject to French law. This is the case for both substantive and formal rules. In the event of a dispute or claim, the customer will first contact MADFACE to obtain an amicable solution. In a second step and in case of appeal, the customer may file a complaint with the Commercial Court of Fort-de-France (97200).
Article 23 : Information Technology and Liberties
INTELLECTUAL PROPERTY RIGHTS
The contents such as in particular, and without this enumeration being exhaustive, texts, information, documentation, sound documents, photographs, drawings, plans, trademarks, software packages, software, data, databases, graphic, visual, avatar, and more generally any element appearing on the site are protected by intellectual property law, without the express authorization of the company MADFACE®.