General Conditions of Sale
Article 1. Definitions
The terms used below have the following meanings in these General Conditions:
• "CUSTOMER": means the SELLER's co-contractor, who guarantees that he or she has the status of consumer as defined by French law and case law. As such, it is expressly provided that this CUSTOMER acts outside of any usual or commercial activity.
• “DELIVERY”: means the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.
• “PRODUCTS”: means all products available on the SITE.
• “TERRITORY”: means Metropolitan FRANCE (excluding DOM/TOM).
Article 2. Purpose
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.
Article 3. Acceptance of the general conditions
The CUSTOMER undertakes to read these General Conditions carefully and accept them, before proceeding to payment for an order for PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order.
The CLIENT is invited to read carefully, download, print the General Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. Purchase of products on the site
To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to provide proof of the agreement of their legal representatives.
The CUSTOMER will be asked to provide information that can identify them by completing the form available on the SITE. The symbol (*) indicates mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of their order on the SITE. DELIVERIES can, if necessary, be tracked using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by email at makdamia@outlook.fr to obtain information on the status of their order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate, and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility, and the information provided.
Article 5. Orders
Article 5.1 Characteristics of the products
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions).
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and the standards applicable in France.
Article 5.2. Order procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's home page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchasing options
The CUSTOMER must select the PRODUCT(S) of their choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's shopping cart. The latter can then add as many PRODUCTS as they wish to their cart.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the cart and check that the contents of their order are correct. If the CUSTOMER has not yet done so, they will then be asked to identify themselves or register.
Once the CUSTOMER has validated the contents of the basket and has identified himself/herself/registered, an automatically completed online form will be displayed to him/her, summarizing the price, applicable taxes and, where applicable, delivery costs.
The CUSTOMER is invited to check the contents of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the payment method and the price) before validating its contents.
The CUSTOMER can then proceed to payment for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS.
For PRODUCTS for which options are available, these specific references appear when the correct options have been selected.
Orders placed must include all information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the order acknowledgment is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
The SELLER does not send any order confirmation by post or fax.
5.2.4. Billing
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the (*) sign will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any possible access code to the DELIVERY address.
The CUSTOMER must then specify the chosen payment method.
Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Date of order
The order date is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.
5.4. Prices
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
Prices include, in particular, value added tax (VAT) at the rate in effect on the order date. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except in the event of a serious error. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.
5.5. Availability of PRODUCTS
The unavailability of a PRODUCT is generally indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed by the SELLER of the restocking of a PRODUCT.
In any event, if unavailability was not indicated at the time of ordering, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
The SELLER may, at the request of the CUSTOMER:
Either offer to ship all PRODUCTS at the same time as soon as the out-of-stock PRODUCTS become available again,
Either proceed with a partial shipment of the PRODUCTS available initially, then the shipment of the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs which may be incurred,
Either offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS no later than thirty (30) days from payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided in the section “Terms of exercising the right of withdrawal”, available in Appendix 1 of these terms and conditions and accessible directly via your customer account.
Article 7. Payment
7.1. Payment methods
The CUSTOMER can pay for their PRODUCTS online on the SITE using the methods offered by the SELLER.
The CUSTOMER guarantees to the SELLER that he holds all the authorizations required to use the chosen payment method.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE.
It is hereby specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment Date
In the event of a single payment by credit card, the CUSTOMER's account will be debited as soon as the PRODUCTS order is placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Terms and Conditions.
7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.
In the event that, for whatever reason, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information in order to ensure monitoring of transactions and to produce a copy of the contract at the request of the CUSTOMER.
In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until their full payment by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may cause.
Article 10. Delivery
The terms of DELIVERY of the PRODUCTS are provided for in the “delivery policy” referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hyperlink.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – terms and conditions for exercising the right of withdrawal.
Article 12. Guarantees
12.1. Guarantee of conformity
Article L.211-4 of the Consumer Code: "The seller is required to deliver goods that conform to 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, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility."
Article L.211-5 of the Consumer Code: To comply with the contract, the goods must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present 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.
The SELLER is required to deliver a compliant PRODUCT, i.e. suitable for the expected use of a similar good and corresponding to the description given on the SITE. This conformity also assumes that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels.
In this context, the SELLER may be liable for defects of conformity existing at the time of delivery and for defects of conformity resulting from the packaging, assembly instructions or installation when this has been placed in its charge or has been carried out under its responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the Consumer Code)
In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at their discretion. However, if the cost of the CUSTOMER's choice is clearly disproportionate to the other possible option, taking into account the value of the PRODUCT or the extent of the defect, the SELLER may provide a refund, without following the option chosen by the CUSTOMER.
In the event that a replacement or repair is not possible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address:
Makdamia 17 rue Xavier Bichat 77340 Pontault-Combault.
Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity of the PRODUCT during the six (6) months following delivery of the goods.
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the PRODUCTS.
12.2. Guarantee against hidden defects
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold which render it unfit for the use for which it is intended, or which reduce this use so much that the CUSTOMER would not have acquired it, or would have paid a lower price for it, if he had been aware of them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price, if the PRODUCT is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: Makdamia 17 rue Xavier Bichat 77340 Pontault-Combault. The action resulting from latent defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
Article 13. Liability
The SELLER shall not be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering their order.
The SELLER shall not be held liable, or considered to have failed to comply with these terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third-party websites are provided for informational purposes only and no guarantee is provided regarding their content.
Article 14. Personal data
The SELLER collects personal data about its Customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send them commercial prospecting mailings, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER does not transfer the names and contact details of its CUSTOMERS to various business partners.
In accordance with the law of May 25, 2018 relating to the GDPR, the CUSTOMER has the right to access, rectify, oppose (for legitimate reasons) and delete their personal data. They can exercise this right by sending an email to the address: makdamia@outlook.fr or by sending a letter to: Makdamia 17 rue Xavier Bichat 77340 Pontault-Combault.
For more information, refer to the “Privacy Policy” section of these T&Cs.
Article 15. Complaints
The SELLER provides the CUSTOMER with a “Customer Telephone Service” at the following number: 0650195552 (non-premium rate number).
Any written complaint from the CLIENT must be sent to the following address: Makdamia 17 rue Xavier Bichat 77340 Pontault-Combault.
Article 16. Intellectual Property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hyperlink to the SITE must request the SELLER's authorization in writing.
This authorization from the SELLER will not be granted definitively under any circumstances. This link must be removed at the SELLER's request. Hypertext links to the SITE that use techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the General Conditions
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a change or decision shall in no way authorize CUSTOMERS to disregard these General Conditions.
Any conditions not expressly addressed herein will be governed in accordance with the custom of the retail sector, for companies whose head office is located in France.
Article 18. Modification of the General Conditions
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Conditions as well as the relations between the CUSTOMER and the SELLER are governed by French law.
In the event of a dispute, only the French courts will have jurisdiction.
However, prior to any recourse to an arbitral or state court, negotiation in a spirit of loyalty and good faith will be preferred with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including relating to its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent jurisdiction designated below.
Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other and for the dispute that is the subject of the negotiation. As an exception, the parties are authorized to refer the matter to the summary court or to request the issuance of an order upon request. Any action before the summary court or the implementation of a procedure upon request shall not entail any waiver by the parties of the amicable settlement clause, unless expressly requested otherwise.
APPENDIX 1
Given the fragility and sensitivity of our products, no returns are possible, an amicable solution will be found.
APPENDIX 2
DELIVERY POLICY
Delivery area
The PRODUCTS offered can only be delivered within the TERRITORY.
It is not possible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER will have indicated during the ordering process.
Shipping time
The lead times for preparing an order and then issuing the invoice, before shipping the PRODUCTS in stock, are mentioned on the SITE. These lead times do not include weekends or public holidays.
An electronic message will be automatically sent to the CUSTOMER at the time of dispatch of the PRODUCTS, provided that the electronic address appearing in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and methods for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
DELIVERY Terms
The package will be delivered to the CUSTOMER against signature and upon presentation of proof of identity.
In case of absence, a calling card will be left for the CUSTOMER, to allow them to collect their parcel from their post office.
DELIVERY Problems
The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must formally notify the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, the CUSTOMER may terminate the contract.
The SELLER will reimburse, without undue delay from receipt of the termination letter, the CUSTOMER the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted upon delivery.
March 2, 2022