TERMS AND CONDITIONS
These general conditions of sale define the rights and obligations of the parties in connection with the sale by the company Marketing Creation (hereinafter referred to as "The Seller") to any individual with the necessary legal capacity or any legal entity duly represented (hereinafter referred to as "The Customer") of the products mentioned in the article below entitled "The Products" (hereinafter referred to as "The Products") and presented on the website accessible at www.marketingcreation.fr (hereinafter referred to as "The Site"). By ticking the box reserved for this purpose at the time of validation of his order on the site, the Customer acknowledges having read these general terms and conditions of sale and declares that he accepts them without reservation. The Seller reserves the right to modify at any time and without notice these terms and conditions of sale.
The Products comply with the French legislation in force and the standards applicable in France and within the European Union.
The Products are presented on the Site using a "technical data sheet" indicating their essential characteristics and one or more photographs. This information is that communicated to the Seller by its suppliers.
The Seller 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 Seller's best efforts, the Customer's perception of one (or more) Product(s) may not completely correspond. In this case, the difference in perception between the photographs presented on the Site and the Products received by the Customer may in no way engage the Vendor's liability. The Seller is at any time entitled to update the Products or to withdraw them from sale.
All quotes given over the phone, are estimates with estimated prices considered as contractual.
Our prices are exclusive of tax (VAT 20%). They are given as an indication, they may be affected by currency fluctuations, changes in the cost of raw materials and current taxation. Slight differences in colours, sizes or increased manufacturing delays are tolerated by customary practice and can under no circumstances give rise to a claim.
The personalization of our products can be done according to different processes: screen printing, pad printing, transfer, hot foil stamping, laser engraving or embroidery. Starting from different bases, we cannot obtain the same shade and gloss as the Pantone "C" references. In view of European regulations on heavy metals and solvents, colour pigmentation is changing, which can lead to some differences in colour shades depending on the printing process (especially on coloured backgrounds). Claims for manufacturing defects are not admissible.
Payment of the price
The price invoiced to the Customer is the price indicated on the order confirmation sent by the Seller by e-mail, payable in cash on the day of the order, in particular by the following different means of payment:
- Credit cards: BLUE card, VISA, EUROCARD, MASTERCARD ;
- Bank transfer (the data necessary for the transfer are provided on the Site after the validation of the order by the Customer).
For an order by e-mail or telephone, payment by credit card is also available. Payment by other means must be received by the Seller within a maximum of 7 clear days following confirmation of the Customer's order by the Seller. At the end of this period, the order is, unless the Seller agrees, cancelled by right. The Seller reserves the right to refuse to make a delivery or to honour an order, to suspend or close the account of a Customer with whom a dispute, in particular a payment dispute, is in progress or for whom there is a suspicion of fraud.
After agreement of the BAT, the delivery time varies according to the selected product. A possible delay in delivery can in no case give rise to damages, cancellation of order or refusal of goods.
In the event of damage, loss or delay, it is up to the recipient to make the usual reservations with the carrier to preserve his rights within the legal time limits.
RIGHT OF WITHDRAWAL
The Customer having the status of consumer has, under the conditions provided for in Article L121-20 of the Consumer Code and in the context of distance selling, a withdrawal period of 7 clear days from the delivery of his order. The exercise of this right is carried out by sending the Seller within this period of time a registered letter with a request for acknowledgement of receipt.
If the Product has not yet been shipped, no charge will be made to the Customer. Otherwise, the costs associated with the return of the Product(s) shall be borne by the Customer, who must return the Product(s) concerned in perfect condition and in their original packaging, together with the delivery note allowing its identification, at the same time as sending the registered letter with a request for acknowledgement of receipt notifying the Seller of the exercise of his right of withdrawal.
Within a maximum period of 30 clear days from receipt by the Seller of the Product(s) thus returned, the Customer shall be reimbursed for the sums paid either in the form of a credit to its account by bank card or by cheque if the payment was made by cheque or bank transfer. No refund can be made for a Product that has been transformed, damaged, used even briefly, ironed, washed or soiled.
Data confidentiality :
The personal data that must be provided when registering and placing orders are essential for the processing and delivery of said orders and the preparation of the corresponding invoices. Failure to provide any mandatory personal data shall result in the impossibility to order the Products.
In accordance with the law n° 78-17 of 6 January 1978 called "Informatique et Libertés", the processing of the Client's personal data has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) under the number 1503860. In application of article 34 of the aforementioned law, the Customer has a right of access, modification, correction and deletion of personal data concerning him/her, this right to be exercised with the Vendor.
The Seller undertakes not to communicate the Customer's personal data to any third party, whether free of charge or in return for payment, with the exception of any subcontractors that the Seller may use for the purposes of processing and routing orders.
When registering or placing orders, the Seller may offer the Customer to receive commercial information from him by e-mail. The Customer may at any time request partial or total unsubscription to these mailings and in particular to the newsletter published by the Seller.
The domain names " www.marketingcreation.fr " as well as all the elements and contents appearing on the Site are the property of the Vendor and are protected, for the whole world, by copyright and intellectual property rights.
Their reproduction, even partial, is strictly forbidden. In particular, any total or partial reproduction of the Seller's catalogue is strictly forbidden, except with the prior and express authorisation of the Seller.
Under the same conditions, their use is limited to strictly private use.
Any reproduction or any other use constitutes an infringement and is punishable as such under the Intellectual Property Code, unless prior and express authorization of the Seller.
The present general conditions of sale are subject to French law. In the event of a dispute, the Customer shall first contact the Seller to obtain an amicable solution. Failing this, the French courts shall have sole jurisdiction.