Article 1 - Scope
These General Terms and Conditions of Sale (called "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Clients or the Client"), wishing to purchase the products offered for sale ("The Products") by the Seller on the site www.malys-equipements.com.
The Products offered for sale on the site are as follows:
Sale of furniture, equipment and accessories directly or indirectly related to hairdressing, beauty and well-being activities but also medical or paramedical.
The main features of the Products, including specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.malys-equipements.com, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are valid within the limits of available stock, as specified at the time of placing the order.
These T&Cs are accessible at any time on the website www.malys-equipements.com The Client
declares having read these GTC and accepted them by ticking
the box provided for this purpose before the implementation of the online order procedure on the site www.malys-equipements.comUnless proven otherwise, the data recorded in the Seller's computer system constitutes the proof of all transactions concluded with the Client.
The Seller's contact details are as follows :
MALYS EQUIPMENTS
Share capital of 10,000 euros
Registered with the RCS of Albi, under the number 948 667449
Intra-community VAT number: FR49948667449
APE code: 4775Z
Address: 3 Avenue de la Martelle 81150 Terssac
Email address : contact@malys-equipements.com
Telephone: 05 32 62 96 60
The Products presented on the site www.malys-equipements.com are offered for sale throughout Europe.
For all products shipped outside the European Union, the price will be calculated excluding taxes automatically on the invoice.
Customs duties, local taxes, import duties or state taxes may be applicable.
They will be charged to and are the sole responsibility of the Customer.
Article 2 - Price
The Products are supplied at the current rates listed on the website www.malys-equipements.com, when recording the order by the Seller.
Prices are expressed in Euros, excl. VAT and incl. VAT.
The prices take into account any discounts that may be granted by the Seller on the site www.malys-equipements.com.
These prices are fixed and not subject to revision during their validity period, but the Seller reserves the right, outside the validity period, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery fees, which are charged additionally, under the conditions stated on the website and calculated prior to placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
Article 3 - Orders
It is up to the Client to select on the site www.malys-equipements.com the Products he wishes to order, according to the following terms:
• The Customer chooses a Product that they put in their basket, a Product that they can remove or modify before confirming their order and accepting these General Terms and Conditions of Sale.
• He will then be asked to create his online account by entering his e-mail address, name and password or to log in to his customer account if it already exists.
· He will then enter his full billing, delivery and contact details which he may choose to modify, correct or delete at any time (except for any order already confirmed and being processed), in accordance with the applicable General Data Protection Regulation (GDPR).
• After validating the previously requested information, the Client will be able one last time to check and correct the content of their order as well as the provided contact details if necessary.
• They will then choose the delivery method applicable to their order and destination. The delivery-related charges will therefore be automatically updated and applied to the total amount of the current order.
• The Customer will then have the different payment solutions offered by the site www.malys-equipements.com and will select the one of their choice.
Product offers are valid as long as they are visible on the site, within the limits of available stock.
The sale will only be considered valid after full payment of the price. It is the Client's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the site www.malys-equipements.com constitutes the formation of a contract concluded at a distance between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
In certain cases, notably non-payment, incorrect address or other issues on the buyer's account, the Seller reserves the right to block the Client's order until the issue is resolved.
The Customer
will be able to follow the progress of their order thanks to the notifications they will receive
by e-mail.
Article 3 Bis - Client area / account
To place an order, the Customer is invited to create an account (personal space).
To do so, they must register by filling out the form that will be offered to them at the time of their order and commit to providing truthful and accurate information regarding their civil status and contact details.
The Customer is responsible for updating the information provided. It is specified that they can modify it by logging into their account.
To access their personal space and order histories, the Client must log in using their username and password, which are strictly personal. As such, the Client is forbidden from any disclosure. Otherwise, they alone will be responsible for any use made thereof.
The Customer may also request to unsubscribe by going to the dedicated page on their personal area or by sending an email to contact@malys-equipements.com. This will be effective within a reasonable time frame.
In case of non-compliance with the General Conditions of Sale and/or use, the site www.malys-equipements.com will have the possibility to suspend or even close a client's account after a formal notice sent by electronic means has remained without effect.
Any account deletion, whatever the reason, leads to the pure and simple deletion of all the Client's personal information.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the Seller's liability.
Creating an account implies acceptance of these General Terms of Sale.
Article 4 - Payment terms
The order is paid by secure payment, according to the following terms:
• Payment by credit card
• Payment by bank transfer to the Seller's bank account (whose details are communicated to the Client when placing the order).
• Payment by Paypal
• Payment by Administrative Order
The price is payable in cash by the Customer, in full on the day of placing the order.
However, the Client may, when this option is indicated on the site www.malys-equipements.com, pay according to the following terms and schedule:
For the choice of instalment payment, the site www.malys-equipements.com has the possibility to call on third-party financing or insurance organisations. You will then be asked to provide supporting documents (this list of documents will be presented to you by e-mail after receiving your order). Once the supporting documents have been duly completed and returned by e-mail or by postal mail, the site www.malys-equipements.com reserves the right to accept or decline payment by instalments.
Your order will therefore be considered confirmed only once your file has been validated and accepted by the site www.malys-equipements.com.
In case of refusal, the Customer will have the possibility to cancel their order or to keep it by choosing another payment method.
In case of late payment and payment of the amounts due by the Client, late penalties calculated at the legal rate applicable to the total price including tax of the acquisition price stated on the said invoice, will be automatically and fully acquired by the Seller, without any formality or prior notice.
Late payment will result in the immediate enforceability of all amounts due by the Customer, without prejudice to any other action the Seller may be entitled to take against the Customer.
Furthermore, the Seller reserves the right, in the event of non-compliance with the payment terms, to suspend or cancel the delivery of ongoing orders placed by the Customer.
The payment data is exchanged in encrypted mode thanks to the protocol defined by the authorised payment service provider involved in the banking transactions carried out on the site www.malys-equipements.com.
Payments made by the Customer will only be considered final after actual collection by the Seller of the amounts due.
The Seller will not be obliged to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
Article 5 - Deliveries
The availability of the Product is shown on the website www.malys-equipements.com. The date or the indicated period corresponds to the restocking and/or manufacturing time necessary for the Product. This is the time within which the site www.malys-equipements.com undertakes to ship the Product to the Customer.
To this deadline then applies the delivery time of the Product to the Customer. This deadline therefore depends on the delivery method chosen by the Customer at the time of placing their order.
The total delivery time calculated by the site www.malys-equipements.com commits to respecting therefore represents the sum of the availability time of the Product plus the delivery time to the Client.
In the absence of indication or agreement regarding the delivery date, the site www.malys-equipements.com delivers the goods no later than thirty days after the Customer's order is placed.
If the Product has not been delivered within the agreed timeframe or for any other reason than force majeure or the Customer's fault, the sale may be rescinded at the Customer's written request under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.
An exception to this obligation applies if the site www.malys-equipements.com and the Customer have agreed on a date of availability and/or delivery together.
Deliveries are made by an independent carrier, to the address provided by the Client when placing the order and to which the carrier can easily access. The Seller is fully responsible for the proper execution of the contract, despite having used a service provider, in accordance with article L 221.-15 of the Consumer Code.
An exception to this responsibility is possible in the event of proven fault of the Client himself, of unforeseeable and insurmountable cause by a third party to the contract or force majeure.
When the Client has arranged for a carrier of their own choice, delivery is deemed to have been made upon handing over the Products ordered by the Seller to the carrier who accepted them without reservation. The Client therefore acknowledges that it is the carrier's responsibility to carry out the delivery and has no recourse for warranty against the Seller in case of failure to deliver the transported goods.
In case of a specific request from the Client regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the associated costs will be subject to a specific additional billing, based on a quote previously accepted in writing by the Client.
Delivery non-compliant
If, at the time of delivery
of the goods, it appears to the Client that they are not in accordance with the order
form or that they were damaged during transport, the Client has the possibility to refuse the goods or to make reservations on the
carrier's delivery note.
Article 6 - Transfer of ownership
The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.
Article 7 - Right of withdrawal
According to the terms of article L 221-18 of the Consumer Code :
“The consumer has a fourteen-day period to exercise their right of withdrawal from a contract concluded at a distance, following a telephone solicitation or off-premises sale, without having to justify their decision or bear any costs other than those provided for in articles L 221-23 to L 221-25.”
The fourteen-day withdrawal period starts from the day after the date of receipt of the Product. The consumer may also exercise their right of withdrawal from the day the contract is concluded.
If this deadline expires on a Saturday, a Sunday or a public/bank holiday, it will be extended until the next working day.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the deadline runs from the receipt of the last good or lot or the last part.
For contracts providing for the regular delivery of goods during a defined period, the period begins upon receipt of the first good.
The right to withdraw can be exercised online, using the attached withdrawal form and also available on the website or any other statement, clear and unambiguous, expressing the will to withdraw, in particular by mail sent to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.
The return of the Product must be made in its original and complete condition (packaging, accessories, manual…) thus allowing its resale as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted back.
The return costs remain borne by the Customer.
The refund will be made within fourteen days from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
Article 8 - Seller's responsibilities, guarantees
The Products supplied by the Seller benefit from:
• Legal guarantee of conformity, for defective, damaged or broken Products or those not matching the order.
• Legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use.
• Commercial warranty applicable by the supplier and/or manufacturer of the Product. Its existence and duration are specified in the description of the Product before the order is placed by the Customer.
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The Seller is required to deliver goods that comply with the contract and is liable for any defects in conformity existing at the time of delivery. The Seller is also liable for defects in conformity resulting from packaging, assembly instructions or installation where this has been entrusted to the Seller by the contract or carried out under their responsibility."
Article L217-5 of the Consumer Code
"The goods comply with the contract:
- If it is suitable for the use normally expected of a similar good and, if applicable:
- If it matches the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- If it presents the qualities that a buyer can legitimately expect with regard to the public statements made by the seller, by the producer or by their representative, notably in advertising or labelling;
- Or if it presents the characteristics mutually agreed upon by the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
Article
L217-12 of the Consumer Code
"The action resulting from the lack of conformity expires after two years from the delivery of the good."
Article
1641 of the Civil Code
"The seller is liable under warranty for hidden defects in the sold item that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have paid a lesser price, if they had known about them."
Article
1648 paragraph 1st of the Civil Code
"The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect."
Article L217-16 of the Consumer Code
"When the buyer requests the seller, during the course of the commercial warranty granted to them at the time of acquiring or repairing a movable property, a repair covered by the warranty, any immobilisation period of at least seven days shall be added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or from the provision for repair of the item concerned, if this provision is later than the request for intervention."
In order to assert their rights, the Customer must inform the Seller, in writing (email or letter), of the non-compliance of the Products or the existence of hidden defects from the time they are discovered.
The Seller will refund, replace or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded based on the charged rate and return costs will be refunded upon presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be carried out as soon as the Seller can offer. For the repair or replacement of the Product, the timeframe will take into account the shipping, manufacturing and delivery time required from the Product's manufacturer.
The commercial warranty offered by Malys Equipements covers only the replacement of defective parts, excluding labour and the travel of a technician on site. Customers are responsible for labour and travel costs associated with any repairs carried out under the commercial warranty.
This warranty applies only to products defective due to material or manufacturing faults and does not cover damage caused by misuse, improper maintenance, or unauthorized modifications made to the products.
Malys Equipements reserves the right to evaluate each warranty claim on a case-by-case basis and to determine the appropriate solution, including the replacement or repair of defective products.
It also excludes any common wear parts such as: coverings, casters or adjustable feet, hydraulic mechanisms, removable accessories, control panels such as remote controls, switches or control pedals.
Wear parts are excluded from the warranty coverage, except in the case of obvious manufacturing defects.
The Seller's liability cannot be engaged in the following cases:
• Non-compliance with the legislation of the country to which the products are delivered, which the Client is responsible for verifying
• In case of misuse, use for professional purposes, negligence or lack of maintenance by the Client, such as normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any case, limited to the replacement or refund of Products that are non-compliant or affected by a defect.
Article 9 - Personal data
The Customer
is informed that the collection of their personal data is necessary
for the sale of the Products by the Seller as well as for their transmission to third parties
for the purpose of delivering the Products. This personal data is
collected solely for the performance of the sales contract.
9.1 Collection of personal data
The personal data collected on the site www.malys-equipements.com are the following:
Account
opening
When creating the Client / User account:
Last names, first names, postal address, phone number and email address.
Payment
As part of the payment for Products offered on the site www.malys-equipements.com, this records financial data relating to the Client / User's bank account or credit card.
9.2
Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The co-contractor(s) category(ies) is (are):
• The carriers
• The payment institution providers
• Manufacturers and suppliers of the Product(s)
9.3
Data Controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4
Limitation of processing
Unless the Client expressly agrees, their personal data is not used for advertising or marketing purposes.
9.5
Data retention period
The Seller will keep the data thus collected for a minimum period of 5 years, covering the limitation period of the applicable contractual civil liability.
9.6
Security and privacy
The Seller implements organisational, technical, software and physical measures regarding digital security to protect personal data against alterations, destructions and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7
Implementation of Customer and User Rights
In accordance with the regulations applicable to personal data, the Clients and users of the site www.malys-equipements.com have the following rights:
• They can update or delete the data concerning them in the following way:
By logging into our website www.malys-equipements.com in the section « My account », « Your details », « Edit your personal data »
• They can delete their account by writing to the email address contact@malys-equipements.com
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data Controller"
• If the personal data held by the Seller is inaccurate, they may request the update of the information by writing to the address indicated in Article 9.3 « Data Controller »
• They may request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in article 9.3 "Data Controller"
• They can also request the data portability held by the Seller to another provider
• Finally, they can object to the processing of their data by the Seller
These rights, as long as they do not oppose the purpose of the processing, may be exercised by sending a request by letter or e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum period of one month.
In the event of a refusal to grant the Client's request, it must be justified.
The Client is informed that in case of refusal, they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or take legal action.
The Customer may be invited to tick a box under which they agree to receive informational and advertising emails from the Seller (contact details above) or by following the unsubscribe link.
Article 10 - Intellectual Property
The content of the site www.malys-equipements.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.
Article 11 - Applicable law, language
These T&Cs and the transactions arising from them are governed by and subject to French law.
These GTC are written in French. In the event they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
Article 12 - Disputes
For any claim, please contact the customer service at the postal address or e-mail of the Seller indicated in ARTICLE 1 of these T&Cs.
The Client is informed that they
can in any case resort to conventional mediation, through existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.
In
this case, the appointed mediator is :
Sas Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
Tel. 04 82 53 93 06
E-mail : contact@sasmediationsolution-conso.fr
The Client is also informed that they can also use the Online Dispute Resolution platform (ODR :
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
All disputes relating to purchase and sale transactions concluded in accordance with these T&Cs and which have not been settled amicably between the seller or through mediation, shall be submitted to the competent courts under the conditions of common law.