These General Terms and Conditions of Sale (hereinafter the "GTC") are offered by the Company LDPLX GROUP, with a capital of €1000 , company registered with the RCS of Paris under the number Paris B 949 638 936, whose registered office is located at 10 RUE DE LA PAIX 75002 PARIS (ci -after "LDPLX GROUP Company").
Then we will designate:
- “Site”: the site https://madnesscuff.com and all of its pages.
- “Products”: all the products (hardware) that can be purchased or subscribed to on the Site.
- “Seller”: LDPLX GROUP Company, a legal person, offering its Products on the Site.
- “Customer”: the Internet user, individual or professional, making a purchase of Product(s) on the Site.
- “Consumer ”, in accordance with the definition of the preliminary article of the Consumer Code: “ any natural person who acts for purposes that do not fall within the framework of his commercial, industrial, artisanal or liberal activity”.
The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the T&Cs and accepts them in full and without reservation.
Article 1 - Application of the GCS and purpose of the Site
The Seller reserves the right to modify the GCS at any time by publishing a new version of them on the Site. The T&Cs applicable to the Customer are those in force on the day of their order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the charter of data from this Site.
This Site offers the online sale of Interior decoration object.
The Site is open and free to all Customers. The acquisition of a Product supposes the acceptance, by the Customer, of the entirety of these GCS, who acknowledges by the same fact to have read them fully. This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the sentence of acceptance of these GCS, having for example the mention "I accept the general conditions of sale". Ticking this box will be deemed to have the same value as a handwritten signature from the Customer.
Acceptance of these T&Cs presupposes on the part of Customers that they have the necessary legal capacity for this. If the Customer is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.
The Customer acknowledges the evidentiary value of the Vendor's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Article 2 - Creating a customer account
The creation of a “customer account” is an essential prerequisite for any Customer order on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.
The Customer registered on the Site has the possibility of accessing it by logging in using their identifiers (e-mail address defined when registering and password) or possibly by using systems such as third-party connection buttons of social networks. The Customer is fully responsible for protecting the password he has chosen. It is encouraged to use complex passwords. If the password is forgotten, the Customer has the option of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the Customer is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Seller could not be engaged, this information having no probative value but only a character informative. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they are only informative in nature intended to ensure effective management of his orders or contributions by the Customer.
Each Customer is free to close his account on the Site. For this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GCS (in particular, and without this example having any exhaustive character, when the Customer has knowingly provided erroneous information, when their registration and the creation of their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the Customer who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility for the Seller to take legal action against the Customer, when the facts have justified it.
Article 3 - Order subscription method and description of the purchase process
The Products offered are those listed in the catalog published on the Site. These Products are offered within the limits of available stocks. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalog reflect a faithful image of the Products offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products.
We will define below as "Basket" the intangible object grouping together all the Products selected by the Customer of the Site for a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Basket", the content of which may be modified at any time.
As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose . He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GCS and click on the validation button. The Customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he will have to fill in a certain number of personal data concerning him, necessary for the smooth running of the order.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, and this, until the validation thereof.
Once the Customer has completed the form, he will then be invited to make his payment using the payment methods listed in the section of these T&Cs relating to payments. After a few moments, the Customer will be sent an e-mail confirming the order, reminding him of the content of the order and the price thereof.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 4 - Price and terms of payment
Unless otherwise stated, the prices listed in the catalog are prices in Euros including all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.
The LDPLX GROUP Company reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force on the price of the Products offered on the Site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can pay by credit card, paypal.Credit card payments are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment provider receiving payment from the Client.The availability of the Products is indicated on the Site, in the description of each Product.
The LDPLX GROUP Company will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 5 - Deliveries
The delivery costs will be indicated to the Customer before any payment. The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world.
In the event of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be in the material impossibility of providing him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.
The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer's request to exercise the right of refusal.
If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the return package to ask him what to do with his order. If the Customer has mistakenly refused the package, he may request it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product allows withdrawal, according to the article L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.
Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer when ordering or, in the absence of date or deadline indication when ordering, greater than thirty (30) days from from the conclusion of the contract may lead to the resolution of the sale on the initiative of the Consumer Customer, at his written request by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery, he does not is not executed. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 6 - Right of withdrawal and withdrawal form
In accordance with article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order, to withdraw. He will be required to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days of receipt by The Company LDPLX GROUP of the refund request.
The Product must be returned in perfect condition and unopened. If necessary, it must be accompanied by all its accessories. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to be sent to The Company LDPLX GROUP. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if the latter, due to its nature, cannot normally be returned by post.
If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.
It is recommended that the Customer make the return using a solution allowing the tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the latter.
The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller should use another method of payment, and insofar as the refund does not does not incur any costs for the Client.
The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such demonstration has not took place previously.
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
In accordance with article L221-5 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
Article 7 - Product Warranty
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
Legal guarantee of conformity
According to articles L.217-4 and following of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the Product. However, when the defect appeared within 24 months following this date (or within 6 months if the order was placed before March 18, 2016 or the Product is sold second-hand), it is presumed to fulfill this condition. But, in accordance with article L.217-7 of the French Consumer Code, "the Seller may challenge this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity".
On the other hand, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect indeed existed at the time of taking possession of the Product.
In accordance with article L217-9 of the Consumer Code: “ in the event of a lack of conformity, the buyer chooses between repairing and replacing the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.
Legal guarantee against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to such an extent that the buyer would not have not bought the Product or would not have bought it at such a price if he had known about the defect).
Complaints, requests for exchange or refund for a non-compliant Product must be made by post or by email to the addresses indicated in the legal notices of the site.
In the event of non-compliance of a Product delivered, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the shipping costs for returning the Product) are then borne by the Seller.
Article 8 - Customer Service
The customer service of this Site is accessible by e-mail at the following address: email@example.com or by post at the address indicated in the legal notices.
Article 9 - Liability
The Seller The Company LDPLX GROUP can not be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will not incur any liability for any consequential damages as a result of the present, operating loss, loss of profit, damages or costs, which may arise.
The choice and purchase of a Product are placed under the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract concluded to acquire the Product allows withdrawal, according to article L 221 -18 and following of the Consumer Code.
The Client expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any event, The LDPLX GROUP Company cannot be held liable under any circumstances:
- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use;
- malfunction, unavailability of access, misuse, misconfiguration of the Customer's computer, or the use of a browser little used by the Customer;
- the content of advertisements and other links or external sources accessible by Customers from the Site.
The photographs and visuals of the Products presented on the Site have no contractual nature, the Seller cannot therefore be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are incorrect or incomplete.
Article 10 - Intellectual property rights
All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Customer who is guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute any damage to him, without reserve of possible subsequent legal proceedings against him, the initiative of the Seller or his representative.
The trademarks and logos contained on the Site may be registered by The LDPLX GROUP Company, or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, broadcasts and reruns incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 11 - Independence of clauses
If any provision of the T&Cs is found to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.
These T&Cs supersede all prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable or sub-licensable by the Customer himself.
A printed version of the T&Cs and of all notices given in electronic form may be requested in legal or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these GCS must be written in the French language.