General terms and conditions of sale (GTC)
1 - GENERALITIES
The general conditions of sale described below detail the terms between us the company Maquette Creation and the buyer of its products, called the Buyer. The fact of ordering on the site, by mail or on show implies the acceptance without reserve of the conditions of sale and renounces any application of its possible General Conditions of Purchase.
2 - PRODUCTS & CONDITIONS OF USE
The items sold are designed for adults or minors over 14 years. The use by minors without the supervision of an adult, or outside the prescriptions accompanying these articles, could not be imputed to us. The essential characteristics are presented on the websites, catalogues or advertisements.
The photos, drawings and descriptions are not contractual, the articles being able to evolve to improve their qualities.
3 - PRICES
The prices of the articles are in Euros and are net. The VAT applied is that in force at the time of purchase. No discount can be applied for a possible sale outside the EEC.
Postage and / or packaging costs will be calculated according to the number of items, the volume and the carrier. You will be informed of these, and your order will be confirmed after your acceptance.
The prices, although they can be modified according to economic and / or legislative imperatives, are those in force on the day of the order.
4 - AVAILABILITY
The availability of items is clearly indicated on the site. The articles in stock are identified by a green mention. It is generally possible to order items that are not in stock (new products not yet available or temporary out of stock). In this case they are identified by a red mention with the associated delay for the restocking. If the article is out of stock, it is identified by an "Out of stock" and cannot be ordered.
5 - ORDER
All orders are subject to the General Terms and Conditions of Sale. The order is made on the site, but can also be made by mail at the headquarters of the company or during an exhibition. In the case of ordering on the site, you must register online and fill in the fields. However, we reserve the right to refuse any order from a Buyer with whom we would have a present or past dispute.
6 - METHODS OF PAYMENT
You can make your payments :
- either by French cheque made out in Euros.
- or by card via Paypal (with or without Paypal account).
- or by bank transfer IBAN/BIC
You must pay the totality of your purchases with the order.
It can happen that you have a problem with a payment by check during a show, an exhibition or at the head office of the company, and that this one is insolvent at the time of its presentation to your bank. Please inform us before we start the late payment penalty procedure 7 days after the invoice is issued, i.e. the known Refi rate plus 7 points.
No discount will be granted for early payment.
In the event of late payment and payment of the sums due by the Purchaser beyond the deadline set, and after the date of payment appearing on the invoice sent to the Purchaser, late payment penalties calculated at the rate of 1% of the amount inclusive of tax of the purchase price appearing on the invoice shall be automatically and automatically due to the Supplier without any formality or prior notice, without prejudice to any other action that the Supplier may have the right to take against the Purchaser in this respect.
In addition, a fixed compensation for collection costs, in the amount of FORTY (40) Euros shall be due, automatically and without prior notice, in the event of late payment. The Supplier reserves the right to ask the Purchaser for additional compensation if the collection costs actually incurred exceed this amount, upon presentation of supporting documents.
7 - DELIVERY
Delivery shall be made to the address indicated by the Purchaser on the order form within the time indicated on the quotation or 30 days for an order on the site. The goods travel at the Buyer's risk. We can propose an additional insurance, according to the carrier, at the expense of the Buyer. Upon receipt of the package, the Buyer must check the condition of the package and if necessary, make a note on the carrier's slip of any packaging damage noted, or even exercise any recourse against the carrier.
8 - DELIVERY TIME
We ship by carrier as soon as the order is finalized, according to the defined terms of transport. Once the package is handed over to the carrier, we are no longer responsible for the delivery time taken by the carrier. The Buyer is on the other hand informed of the sending of the parcel.
9 - COMPLAINTS
The Buyer has 7 days to check the conformity of the delivered goods with the order. Notify us within this period in case of non-conformity, and we will see with you the solutions to bring. No goods should be returned to us without our prior written or email agreement. In the case of return of goods with our agreement, they must be complete in the original packaging: all goods used, damaged, incomplete or degraded will not be returned or refunded.
10 - RIGHT OF WITHDRAWAL
You also have a period of 7 clear days from delivery to return the goods and exercise your right of withdrawal. You must return the goods in their original packaging.
You will only be responsible for the return shipping costs (article L121-20 of the Consumer Code).
We will reimburse you according to the amount of the order within 30 days.
However, this right does not apply when supplying goods made to the specifications of the consumer or clearly personalized or which, because of their nature, can not be reshipped or are likely to deteriorate or expire quickly (Article L121-20-2 of the Consumer Code)
11 - RESERVATION OF OWNERSHIP AND LIABILITY
We expressly reserve ownership of the goods delivered until full payment of their price in principal and interest. The goods will remain the property of the company until full payment of their price, but the Buyer will become responsible for them as soon as they are physically handed over, the transfer of possession entailing that of the risks. The Buyer therefore becomes responsible for any loss, theft, destruction or deterioration of the goods. The non-payment, if no agreement is established between Us and the Buyer, implies imperatively the immediate restitution of the goods to the expenses, risks and dangers of the Buyer.
In the event of late payment and payment of the sums due by the Purchaser beyond the deadline set, and after the date of payment appearing on the invoice sent to the Purchaser, late payment penalties calculated at the rate of 1% of the amount inclusive of tax of the purchase price appearing on the invoice shall be automatically and automatically due to the Supplier without any formality or prior notice, without prejudice to any other action that the Supplier may be entitled to take against the Purchaser in this respect.
In addition, a fixed compensation for collection costs, in the amount of FORTY (40) Euros shall be due, automatically and without prior notice, in the event of late payment. The Supplier reserves the right to ask the Purchaser for additional compensation if the collection costs actually incurred exceed this amount, upon presentation of the supporting documents.
12 - CASES OF FORCE MAJEURE
We cannot be held responsible in particular in the event of fire, floods, natural disasters, interruption in the supply of energy, raw materials or spare parts, as well as total or partial strikes of any kind hindering the smooth running of the company, such as transport strikes and transport services. The occurrence of a case of force majeure has the effect of suspending the execution of the contractual obligations of the company vis-à-vis its Buyers.
13 - WARRANTY
Unless otherwise stated, the legal guarantee of one year does not apply to items sold by Maquette Création. The return of goods by colissimo is at the customer's expense within 7 days as indicated in paragraph 9. In the event of a real defect noted by us during the retraction period, the article will be exchanged for another (new or reconditioned) and the shipping will be at the expense of Maquette Création. If the exchange is impossible, the article will be refunded. If no real defect is found by us, the article will be sent back at the expense of the Buyer. If the defect is real but obviously results from an abnormal handling, we reserve the right to invoice all or part of the exchange, after acceptance by the Buyer of an estimate if necessary. Beyond the withdrawal period, an estimate will be offered to the Buyer for repair or exchange. In all cases, no return will be accepted without prior written agreement.
14 - JURISDICTION
For all disputes relating to sales made by the company Maquette Création and the application or interpretation of these General Conditions of Sale, only the Commercial Court of Vannes in Morbihan, France, will have jurisdiction and only the French language will be applicable.
The goods and information are in accordance with French legislation, so the responsibility of the company Maquette Création could not be engaged in case of non-compliance with the legislation or regulations of a foreign country. It is the responsibility of a Buyer residing outside of the metropolitan borders to check the regulations, standards or local legislation, before placing the order.