These general terms and conditions of sale apply between Alain MICQUIAUX, hereinafter referred to as “the Company”, and any natural person making a purchase through the Website www.alain-micquiaux.fr, hereinafter referred to as ” Buyer “.
The present conditions are intended to define the terms and conditions of distance selling between the Company and the Buyer, from order to payment and delivery. They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties.
To place an order on the Site www.alain-micquiaux.fr published by the Company Alain MICQUIAUX implies without reserve the acceptance of the provisions to the present conditions. The Buyer declares to be at least 18 years old and have legal capacity or hold a parental authorization enabling him to place an order on the Site.
ARTICLE 1 : COMPLIANCE AND AVAILABILITY OF PRODUCTS
The products offered for sale by the Company are those appearing on the Site as of the date of the visit of the Site by the Purchaser. The products are offered for sale within the limit of stocks available or made to order. In the event of an error on the availability of an ordered product or impossibility to manufacture it, the Company informs the Buyer by e-mail as soon as possible. The Buyer will have the possibility to have the product replaced by another one of a quality and an equivalent price, or to cancel the order.
The products offered for sale are described and presented with the greatest possible accuracy. In case of error or omission in this presentation, the Company’s liability can not be incurred. The photographs and the texts illustrating the products have only indicative value and do not enter the contractual field.
ARTICLE 2 : PRICE
The prices displayed on the Site are indicated in euros and all taxes included (VAT included). These are net prices, excluding postage and handling costs.
ARTICLE 3 : PAYMENT
– For an order placed on the site www.alain-micquiaux.fr:
The payment of the order is made by bank transfer or by secure payment by credit card via PayPal.
The bank transfer must be issued in euros. The Buyer must send it to the account domiciled at CCM Vannes REPUBLIQUE in the name of Alain MICQUIAUX and whose contact details are as follows :
IBAN FR76 1558 9569 8902 9298 7264 022 BIC CMBRFR2BXXX
The order will only be processed upon receipt of payment.
– For a service by Alain Micquiaux:
Payment by bank transfer or check upon receipt of the invoice. No discount will be granted in the event of early payment.
10% of late penalties are due in the event of late payment. Any customer paying a late invoice must pay a lump sum indemnity for collection costs, the amount of which is set at 40 Euros.
ARTICLE 4 : ORDER
All orders shall constitute an express and irrevocable acceptance by Buyer of the prices and descriptions of the products available for sale and of these conditions.
After validation of the order, the Company sends to the Buyer an e-mail of confirmation to the e-mail indicated during the order.
ARTICLE 5 : DELIVERY, DEADLINES AND RATES
The ordered products are sent to the delivery address indicated by the Purchaser when the order is placed. All deliveries are dispatched by La Poste COLISSIMO. The parcels travel insured and are delivered to the addressee against signature.
Participation in the logistics and shipping costs includes VAT. All deliveries are announced by email.
The maximum delivery period is ninety days from receipt of payment. The delivery time from the shipment of the package varies according to the delivery area:
Pour une livraison en France métropolitaine : 48 heures
For delivery in EEC zone: from 3 to 10 working days
(Example: destination Vienna in Austria: 4 days)
For delivery outside the EEC: 10 to 12 working days
In case of delay in delivery of more than seven days, if this is not due to a case of force majeure, the Purchaser has the possibility to cancel his order. The order will be refunded within thirty days.
ARTICLE 6 : AVAILABILITY
In the event of unavailability of the ordered product or the impossibility of manufacturing it within the stated time, the Company informs the Buyer by sending an e-mail to the e-mail indicated in the order. The Buyer then has the option of either delivering a product of quality and equivalent price, within the limit of available stocks and possibilities of manufacture, or to be refunded the price of the order within thirty days following the payment of the order. The delivery costs of the new product are borne by the Company.
ARTICLE 7 : RIGHT TO RETRACT
For all our products made to order, the right of withdrawal can not apply, in accordance with the provisions of article L 121-20-2 of the Consumer Code which stipulates that the right of withdrawal can not be exercised for contracts for the supply of goods made at the request of the consumer or clearly personalized.
ARTICLE 8 : RETURN
From the date of receipt of his order, the Buyer has a period of ten days to return a product. After this period, the products delivered will be deemed to be in conformity and accepted by the customer, and the Company reserves the right to refuse the exchange, the credit or the refund.
The returned item must be in its original packaging and accompanied by the purchase invoice.
ARTICLE 9 : WARRANTIES AND LIABILITY
The Company is liable for any defects in the conformity of the product. It also responds to defects in conformity resulting from packaging.
In case of delivery of a non-conforming product or in case of delivery of a product revealing a hidden defect, the Company undertakes either to reimburse the Purchaser for the price of the product or to exchange the product for another identical or for a product of quality and of equivalent price according to the available stocks and the possibilities of manufacture.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the property. The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect.
These provisions are not exclusive of the right of retraction defined in Article 8 hereof.
Warranty does not include products modified, repaired, integrated or added by the Buyer or any other person not authorized by the supplier of the product or service. The warranty will not play for apparent defects. The warranty will not cover products or services damaged during transport or misuse.
The liability of the Company can not be withheld in case of breach of contractual obligations as a result of a fortuitous event or a case of force majeure, as defined by the case law.
ARTICLE 10 : PERSONAL DATA
The Company undertakes to respect the confidentiality of the personal data communicated by the Buyer on the Site and to treat them in compliance with the Data Protection Act of 6 January 1978.
In accordance with the Data Protection Act of 6 January 1978, the Buyer may exercise his right of access to the file, his right to object and his right to rectify or delete information concerning him by sending his request by e-mail at the address contact(at)alain-micquiaux.fr or by post at the following address Alain Micquiaux 2 rue Jean Lagarde 56100 Lorient, France. Déclarant CNIL N°1720296v0
ARTICLE 11 : INTELLECTUAL PROPERTY
All elements of the Site are protected by copyright, trademarks or patents. They are the exclusive property of Alain Micquiaux.
ARTICLE 12 : APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms & Conditions of Sale are executed and interpreted in accordance with French law. The language of this contract is French. In the event of a dispute, the Buyer undertakes to contact the Company in priority to try to resolve amicably any dispute that may arise between the parties.
In the absence of conciliation, the Commercial Court of Lorient (56, France) shall have sole jurisdiction.
ARTICLE 13 : MODIFICATIONS OF THE GENERAL TERMES & CONDITIONS OF SALE
The Company reserves the right to adapt or modify at any time the present general conditions of sale. In case of modification, the general conditions of sale in force on the day of the order will be applied to each order.
Updated on February 12, 2020