MARKETING CREATION is a simplified joint stock company with a capital of 100,000 euros, located at 1, Via Aurélia, in Le Tholonet (13100) and registered in the Trade and Companies Register of Aix en Provence under the number 530 796 861. It is represented by Mr. Frédéric MARTZ, President. 

The website is accessible at the following link: www.marketingcreation.com. 

The customer service of Marketing Creation is reachable by mail at the address of the head office of the company; by e-mail at the address 1 via aurélia 13100 Le Tholonet or by telephone at 04.42.26.23.07. 

PRESENTATION

The purpose of the present General Terms and Conditions of Sale and Services (hereinafter referred to as the "GTCS") is to define the conditions under which MARKETING CREATION (hereinafter referred to as "MARKETING CREATION") provides the professional client, identified on the order form and/or the quote (hereinafter referred to as "the Client"), with the products and/or services described on the order form and/or the quote (hereinafter referred to as "the Products and/or the Services"). 

Any order of Products or provision of Services implies, on the part of the Customer, the consultation and the acceptance without reserve of the present GSTS. The GSTS to which reference is also made on the order form exclude, unless expressly agreed by MARKETING CREATION, the application of any clause to the contrary appearing on the Customer's documents, in particular its general conditions of purchase or its order forms. MARKETING CREATION may modify at any time the present GTCS; the GTCS applicable to the Customer will be the GTCS in force on the day of the Customer's order.

On the internet, the Customer will be asked to create a customer account by communicating the information necessary to order products to MARKETING CREATION.

QUOTATIONS - ORDERS

Any order from the Client will be the subject of an order form and/or a quotation specifying the identity of the Client and the Products and Services concerned (hereinafter referred to as the "Order Form"). Unless otherwise specified in the Order Form, all MARKETING CREATION's Order Forms will have a validity period limited to 2 days. In the event of an error on the Purchase Order, no return of Products can be made without the express and prior agreement of MARKETING CREATION. The acceptance of an Order Form commits the Customer in a firm and definitive manner. The Customer's order will only be considered binding on MARKETING CREATION when the order is executed by MARKETING CREATION.

ORDERING PROCESS

Order taking

The Customer shall place an order (hereinafter the "Order") by any means, through the website or directly by contacting MARKETING CREATION's customer service department at the following address: contact@marketingcreation.com / 04 42 26 23 07

When the Order is placed on the MARKETING CREATION website, the Client must follow the following steps 

- Access the Site;

- Select the Products he/she is interested in by specifying the desired quantity

- Request a quote by following the instructions available on the Site

- Open a customer account or log in as a Customer if necessary 

- Verify the elements of the Order, identify and, if necessary, correct any errors

- Accept the Terms and Conditions.


Confirmation of the order (BAT)

After receipt of the Order, MARKETING CREATION will send a quote to the Customer as well as a request for confirmation of the Order Form in the form of a "Ready for Printing" (hereinafter referred to as "ROP"). When communicating the proof, MARKETING CREATION specifies the production and delivery deadlines. 

To express its agreement and confirm the Order, the Customer shall return the signed proof within a maximum of two working days from its receipt. 

The express and unreserved acceptance of the General Terms and Conditions of Sale, the description of the Products selected, their quantities, customization, price and delivery terms shall constitute confirmation of the Order. MARKETING CREATION shall not be held responsible for any error or omission made by the Client during the validation of the proof of order. 

As soon as the proof of delivery is validated, the Customer is obliged to accept the delivery and to pay the amount of the Products which were the subject of the proof of delivery, unless it can be demonstrated that the delivery does not comply with the proof of delivery.

Withdrawal

In principle, validation of the proof of delivery is equivalent to confirmation of the Order without the right of withdrawal. 

However, the Customer who has less than or equal to five (5) employees and who contracts off-premises may, under the conditions of Article L221-3 of the French Consumer Code, have a withdrawal period of fourteen (14) days from the date of receipt of the Product or the conclusion of the Services contract, in accordance with the conditions and the model accessible at the following link Withdrawal form

In case of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) and/or Services purchased and the delivery costs will be reimbursed; the return costs will be borne by the Customer. The Customer will be reimbursed within fourteen (14) days following the receipt of the Customer's request for retraction, provided that the Products are returned to MARKETING CREATION.

In accordance with the provisions of article L.221-28 of the French Consumer Code, if the Client wishes the execution of the Services to begin before the end of the withdrawal period, MARKETING CREATION will record on the Order Form the Client's request and his express waiver of his right of withdrawal.

Date of the order

The date of the order is the date of validation of the order by the Customer in case of online payment by credit card or the date of receipt of the check or transfer.

THE PRODUCTS

The Products marketed by MARKETING CREATION are decorative objects intended for professionals. They can be customized. 

The majority of the Products marketed by MARKETING CREATION can be consulted by the Clients on the website www.marketingcreation.com or the documentation sent to the Client on request. MARKETING CREATION undertakes to do its best to ensure that the photographic representation of the Products on the Site is as accurate as possible. It is nevertheless possible that, despite the best efforts of MARKETING CREATION, the Customer's perception of one (or more) Product(s) does not correspond completely. In this case, the difference in perception between the photographs presented on the Site and the Products received by the Customer cannot in any way engage the responsibility of MARKETING CREATION.

The Customer acknowledges having received all the necessary information prior to the conclusion of the present contract. The Customer acknowledges that, as a professional, he/she is solely responsible for choosing the Products and/or Services.

All intellectual property rights relating to the Products and their technical documentation remain the exclusive property of MARKETING CREATION. The Customer agrees not to register a title of ownership, in any form whatsoever, in France or abroad on the Products.

Availability of the Products

MARKETING CREATION is entitled to update the Products or to withdraw them from sale at any time.

All Products are deemed to be available at the time of the Order. Nevertheless, as stock variations can be significant in a short period of time, the Client will receive confirmation of the availability of the Products ordered by e-mail as soon as possible.

SERVICES

Special orders (the "Services") relating to specific requests from Customers are made on request and presented to Customers in the context of commercial presentations according to specifications or through the quote sent to the Customer.

In this context, the Client may ask MARKETING CREATION to call upon members of its staff working at STUDIO WELCOME, whose rates are available to the Client on request at the following address: contact@marketingcreation.com 

FINANCIAL CONDITIONS

Prices of the Products

The Products and Services are supplied at MARKETING CREATION's prices in force on the day the order is placed, as specified on the Order Form. These prices are firm and cannot be revised during the validity period of the Order Form. The prices appearing in MARKETING CREATION's catalogs are only indicative and can be revised at any time by MARKETING CREATION. 

The terms of payment will be specified on the order form. The prices are expressed in euros excluding taxes.

Provided that the delivery of all the products ordered is made to a single delivery point in Metropolitan France (excluding Corsica), the price of the Products is included free of charge, i.e. MARKETING CREATION takes charge of the transport costs.

Terms of payment

The payment of the price of the Sales Order by the Client is to be made by check, credit card or by bank transfer to MARKETING CREATION's bank account, the details of which appear on the invoice. 

Unless otherwise stated on the quote, the payment of the Order must be made upon receipt of the invoice by the Customer.

Any delay or failure to pay shall automatically lead to the application of a late payment penalty equal to the legal interest rate plus 5 points and a fixed penalty of forty (40) euros corresponding to the collection costs. 

For special orders and Services, the Customer shall pay a deposit of 50% of the total amount of the Order including VAT on the date of acceptance of the Order.

In the event of late or non-payment, MARKETING CREATION shall not be obliged to accept new Orders if the Client fails to settle its debt to MARKETING CREATION. MARKETING CREATION also reserves the right to immediately suspend any current delivery, as well as to refuse any Order without any formality being required. 

PRODUCT DELIVERY

Delivery charges

For all orders delivered outside of metropolitan France, the payment of local taxes and customs duties that may be applicable is the sole responsibility of the Customer. MARKETING CREATION shall not be held responsible in the event of non-payment by the Customer of any sums of money thus due.

Delivery Time

The Order is prepared and the delivery times communicated to the Client in the Order form only start to run as of the receipt by MARKETING CREATION of the proof of delivery completed by the Client. 

Delivery times are given as an indication only: exceeding them cannot lead to the cancellation of the order, nor to compensation or damages. MARKETING CREATION reserves the right to suspend the delivery of the Products without payment of any compensation if the Customer does not respect the agreed payment terms. MARKETING CREATION cannot be held responsible in case of delay or suspension of the delivery attributable to the Customer or in case of force majeure.

Places of delivery

The delivery is made to the address indicated on the proof of delivery. Deliveries are made throughout the European Economic Area. In the event that the transport conditions require exceptional means (e.g. island delivery), a contribution to the costs will be invoiced to the Customer.)

It is the Customer's responsibility to facilitate access for unloading the ordered Products. A clear unloading area for the product is imperative as close as possible to the place of delivery.

If the configuration of the delivery location does not allow the carrier to deliver the Products safely with its usual means of transport, the carrier may decide to use last mile logistics to finalize the delivery or will agree with the Customer on a new delivery point as close as possible to the delivery address indicated on the proof of delivery. Any additional costs will be charged to the Customer.

When ordering, the Customer must provide the exact delivery address (which may be different from the billing address), giving all the details necessary for successful delivery, as well as a telephone number where the Customer can be reached at the time of delivery.

Any omission or error affecting the delivery address, the accessibility conditions of the place, the telephone number provided by the Customer or any other problem attributable to the Customer and leading to the need to make a new delivery may be subject to additional billing for a new delivery at the expense of the Customer.

Transport, transfer of risks and transfer of ownership

The transfer of risks takes place when the carrier delivers the Products to the Customer. MARKETING CREATION will pay for the transport costs and will take care of the delivery, according to the carriage paid mode. 

If the Customer wishes to take care of the transport by entrusting the delivery to a carrier of his choice, he shall bear the cost of transport and the risks attached to the transport operation without being able to engage the responsibility of MARKETING CREATION in case of problems encountered during the delivery. 

The transfer of ownership takes place after full payment of the Products by the Client. 

Responsibilities 

The Parties agree that in the event that MARKETING CREATION acknowledges responsibility towards the Customer, the former will have the choice of either replacing the defective Product or reimbursing the Customer for the cost of the Product, after ascertaining the existence of a damage or a manufacturing defect. 

If MARKETING CREATION chooses to refund the price of the defective Product, it will deduct this price from the Customer's next invoice. In the absence of a next invoice, MARKETING CREATION will be obliged to reimburse the Customer after a period of one (1) month. 

In any case, MARKETING CREATION's liability is contractually limited to the value of the Products ordered, whatever the cause of its liability and the amount of the prejudice suffered by the Client.

MARKETING CREATION excludes all liability for indirect damages suffered by the Customer due to the use or non-use of the Products delivered by MARKETING CREATION, such as but not limited to loss of customers, loss of income, loss of turnover, loss of image.

PRESCRIPTION 

All actions to which the Order, the Delivery and the Conformity of the Products may give rise, as a principal or accessory, shall be barred within one (1) year from the conclusion and performance of the Order.

FORCE MAJEURE

Article 1218 of the Civil Code and case law define force majeure. 

In addition, force majeure includes, but is not limited to, strike, employer's closure, civil strife, natural disaster, accident, breakdown, fire, flood, difficulties in the supply of raw materials, epidemics giving rise to sanitary restrictions related to the activity of companies and transportation issues, confinement, governmental or administrative restrictions that do not allow normal activity. 

MARKETING CREATION undertakes to make its best efforts to find a solution to the contingencies resulting from this clause. 

If, for reasons of force majeure, MARKETING CREATION is unable to proceed with deliveries of orders already accepted, it will not be considered responsible to the Customer for damages or losses of any kind resulting from this impossibility.

INDIVISIBILITY 

The present GTC constitute the entire agreement between MARKETING CREATION and the Customer concerning the sale of the Products. They are completed by the proof of delivery which includes the characteristics of the products, the quantities, the prices, the delivery conditions and the Customer's confirmation. 

The current GTC can be consulted at any time on the Website.

If any provision of these GTC is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain in effect. 

The Customer agrees that these GTC and all agreements incorporated herein may be automatically assigned or transferred by MARKETING CREATION at its sole discretion. The section headings are for reference purposes only and do not define, limit, construe or describe the scope or coverage of their section.

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