GENERAL TERMS AND CONDITIONS OF SALE
MARKETING CREATION is a simplified joint stock company with a capital of 100,000 euros, located at 29 Allée Saint Jean, ZAC de la Barque, Arteparc Bâtiment C, in Fuveau (13710) and registered in the Aix en Provence Trade and Companies Register under the number 530 796 861. It is represented by Mr. Frédéric MARTZ, President
The website is accessible at the following link www.https://marketingcreation.com/en/
Marketing Creation's customer service can be reached by mail at the company's head office address; by e-mail at email@example.com or by telephone at 04.42.26.23.07
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 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 the present GTCS at any time; 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 have to create a customer account by communicating the information necessary to order products to MARKETING CREATION.
QUOTES - 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.
The Customer shall place an order (hereinafter the "Order") by any means, via the website or directly by contacting MARKETING CREATION's customer service at the following address: firstname.lastname@example.org / 04 42 26 23 07
When the Order is placed on the MARKETING CREATION website, the Customer must follow the following steps
- Access to the Site ;
- Select the Products you are interested in and specify the quantity you wish to order
- Request a quote by following the instructions available on the Site
- Open a customer account or log in as a Customer if applicable
- Verify the elements of the Order, identify and, if necessary, correct the 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 "RIP"). When sending 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 of delivery within a maximum of two working days of its receipt
The express and unreserved acceptance of the GTCS, the description of the Products chosen, their quantities, customization, price and delivery conditions, constitutes 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 of the validation of the proof of delivery, the Customer is therefore 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 shown that the delivery does not comply with the proof of delivery.
In principle, the validation of the proof of delivery is equivalent to confirmation of the Order without the right of withdrawal
However, the Customer whose number of employees is less than or equal to five (5) and who contracts off-premises may 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 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 Service(s) purchased and the shipping costs will be reimbursed; the return shipping costs will remain the responsibility of the Customer. The Customer will be reimbursed within fourteen (14) days following 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 Consumer Code, if the Customer wishes the execution of the Services to begin before the end of the withdrawal period, MARKETING CREATION will record on the Order Form his request and his express waiver of his right of withdrawal.
Date of 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 commercialized 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 Customers on the websitewww.https://marketingcreation.com/en/ or the documentation sent to the Customer at his 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 shall refrain from registering a title of ownership, in any form whatsoever, in France or abroad on the Products.
Availability of Products
MARKETING CREATION is entitled at any time to update the Products or to withdraw them from sale.
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 Customer shall receive confirmation of the availability of the Products ordered by e-mail as soon as possible.
Special orders (the "Services") arising from specific requests from Customers are made on demand 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 on members of its staff working at STUDIO WELCOME, whose rates are available to the Client on request at the following address: email@example.com
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 proof. 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 will pay the transport costs.
Terms of payment
Payment of the Order price by the Client shall be made by cheque, credit card or by bank transfer to the MARKETING CREATION bank account, the details of which appear on the invoice
Unless otherwise specified in the quotation, payment for the Order shall be made upon receipt of the invoice by the Customer.
Any delay or failure to pay automatically leads to the application of a late payment penalty equal to the legal interest rate increased by 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 any new Orders if the Customer's debt to MARKETING CREATION has not been settled. MARKETING CREATION also reserves the right to immediately suspend any and all pending deliveries, as well as to refuse any and all Orders without any formality being required
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 liable in the event of non-payment by the Customer of any sums of money thus due.
The Order shall be prepared and the delivery deadlines communicated to the Client in the Order form shall only begin to run once MARKETING CREATION has received 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 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.
The transport is made to the address indicated on the BAT. Deliveries are made throughout the European Economic Area. In the case where the conditions of transport would require exceptional means (for example island delivery) a contribution to the expenses will be invoiced to the Customer).
It is the Customer's responsibility to facilitate access for unloading the ordered Products. A clear area for unloading the product is imperative as close as possible to the place of deposit.
If the configuration of the place of delivery does not allow the carrier to make a safe delivery 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 TAO. Any additional costs will be charged to the Customer.
The Customer must, at the time of the order, give his exact delivery address (which may be different from the billing address), mentioning all the details necessary for the success of the delivery, as well as a telephone number where he can be reached at the time of delivery.
Any omission or error affecting the delivery address, the accessibility of the location, the telephone number provided by the Customer or any other problem attributable to the Customer and resulting in 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 risk 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 shipping costs and will take care of the shipping process, according to the "Free Shipping" 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 the 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 Customer
RESERVATION OF OWNERSHIP
MARKETING CREATION retains the ownership of the delivered Products until the effective collection of all sums due by the Customer for any reason whatsoever. However, the Customer, as the custodian of the Products, assumes the responsibility and the risks. As soon as a payment incident occurs, MARKETING CREATION may, as of right, demand the return of the delivered Product at the expense and risk of the defaulting Customer, and this without formal notice. The sale will be automatically cancelled and the deposits already paid will remain the property of MARKETING CREATION in exchange for the use of the Products by the Client, without this clause being considered as a penalty clause. In the event that the Products are resold, the original Client will be deemed to have made this sale on behalf of MARKETING CREATION, as an agent, selling the Products and collecting the amount of the sale price in the name and on behalf of MARKETING CREATION.
GUARANTEES AND RESPONSIBILITIES
It is the Customer's responsibility to verify the conformity of the Products and to inform MARKETING CREATION in case of a defect within five (5) days of receipt. Once this period has elapsed, no claim will be admissible against MARKETING CREATION and the Products can no longer be returned or exchanged
MARKETING CREATION's warranties apply to normal use of the Products and do not apply to deterioration or destruction caused by assembly errors, misuse, defective use or overloading.
After delivery, MARKETING CREATION's guarantee does not apply to Products that are stored or kept in conditions that are not suitable to preserve them from any damage to their integrity or substance such as bad weather, animal attacks, deterioration due to insects or contamination.
Request for referral
In case of lack of conformity and if it is necessary to send back the defective Products, the Customer must request the return of the Products to MARKETING CREATION by sending an email to firstname.lastname@example.org
If this request for return is accepted, MARKETING CREATION will take care of collecting the goods or have them collected from the place of delivery.
The Products will be reimbursed when the existence of defects stated by the Customer, which are the cause of the return, have been noted and confirmed by MARKETING CREATION
MARKETING CREATION will not accept any Product sent by the Customer without prior approval. A fortiori, no reimbursement will be made without following the return procedure stated above
In addition, when the Customer has wished to arrange for delivery collect, the cost of transporting the goods shall be borne by the purchaser, who shall pay for them, and no request for return shall be granted.
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, and this after the existence of damage or a manufacturing defect has been established
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 event, the liability of MARKETING CREATION shall be contractually limited to the value of the Products ordered, whatever the cause of liability and the amount of damages suffered by the Client.
MARKETING CREATION thus 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 clientele, loss of income, loss of turnover, loss of image.
All actions to which the Order, the Delivery and the Conformity of the Products may give rise, whether as a principal or as an accessory, shall be barred within one (1) year of the conclusion and performance of the Order.
Article 1218 of the Civil Code and the jurisprudence define force majeure
In addition, it includes, but is not limited to, strike, employer closure, civil strife, natural disaster, accident, breakdown, fire, flood, raw material supply difficulties, epidemics giving rise to health restrictions related to business activity and transportation issues, confinement, government or administrative restrictions that do not allow for 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 the delivery of orders already accepted, it will not be considered responsible to the Customer for damages or losses of any kind resulting from this impossibility.
These 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 confirmation of the Customer
The current GTC can be consulted at any time on the Website.
If any provision of these T&Cs is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect
Customer agrees that these T&Cs and all agreements incorporated herein may be automatically assigned or transferred by MARKETING CREATION in its sole discretion. The section headings are for reference only and do not define, limit, construe or describe the scope or coverage of their section.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights pertaining to the Products marketed by MARKETING CREATION belong to it in their entirety, including those pertaining to special orders
MARKETING CREATION retains full industrial, literary and artistic ownership of the Products and/or software sold, of the projects, studies and drawings, which may not be communicated to unauthorized third parties or used for any other application without the express prior authorization of MARKETING CREATION.
Indeed, the Client gives MARKETING CREATION a right to use its brand free of charge within the framework of affixing a logo to the advertising object
NON-SOLICITATION OF PERSONNEL
The Client is expressly forbidden to solicit for employment or to directly or indirectly hire any member of MARKETING CREATION's staff. In case of violation of the present prohibition, the Client will be obliged to pay immediately to MARKETING CREATION, as a penalty clause, a fixed indemnity of an amount equal to twelve (12) of the last monthly gross salary of the person solicited or hired, increased by all the costs of recruitment of a replacement.
SETTLEMENT OF DISPUTES AND APPLICABLE LAW
The applicable law
French law, including the Vienna Convention of April 11, 1980 and the Hague Convention of June 15, 1955, is applicable to these GTC in accordance with the rules of French and European private international law
Amicable Dispute Resolution
Any dispute or controversy that may arise regarding the validity, interpretation, performance, non-performance or termination of the GTC shall, prior to any legal action, be submitted to mediation before a mediator of the Parties' choice. The Parties expressly acknowledge the mandatory nature of the recourse to mediation in the event of disputes or disagreements that may arise as to the validity, interpretation, performance, non-performance or termination of the Contract.
In the event of a dispute or disagreement between the Parties, the most diligent Party shall inform the other Party directly or indirectly, by a simple written document, of the identity of the mediator or mediation body that it proposes. The other Party shall give its consent or propose another mediator or mediation body within fifteen (15) clear days from the receipt of the mediation proposal letter.
If the parties fail to agree on the person of the mediator within fifteen (15) days of the first proposal, the mediator shall be appointed by the President of the competent Commercial Court of Aix-en-Provence, ruling in summary proceedings and referred to at the initiative of the most diligent Party.
The duration of the mediation shall not exceed three (3) months, renewable once by mutual agreement.
If the Parties fail to reach an amicable settlement of their dispute within the above period and its possible renewal, they may refer the matter to the competent court designated below.
The Parties hereby designate the Tribunal de Commerce d'Aix en Provence as the competent court for any dispute between the Customer and MARKETING CREATION relating to the present General Terms and Conditions of Sale, the order, delivery, payment and conformity of the Products, including in the case of summary proceedings.