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GENERAL CONDITIONS OF SALE
CONSUMER CUSTOMER
Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Conditions of Sale (“the General Conditions of Sale”) determine the rights and obligations of the parties in the context of the online sale of Products offered by the companyMagnet Innov (“ the society ").
1.2 All Orders placed on the magnet-innov website.com assumes prior and unrestricted acceptance of these General Conditions of Sale, which are subject to American laws. These General Terms and Conditions therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares having read them and accepted them, without restriction or reservation, before placing the Order.
1.3 These General Terms and Conditions apply to any Order placed by an adult natural person acting as a consumer. The Customer therefore certifies that he is a natural person over the age of 18, acting for purposes which do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity. He acknowledges having the full capacity to commit when he places an Order and undertakes to provide truthful information regarding his identity.
1.4 EXCLUSION: Persons acting in a professional capacity, that is to say natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, artisanal activity; liberal or agricultural, including if they act in the name or on behalf of another professional.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The General Terms and Conditions applicable to each Order are those in force on the date of payment or the first payment in the event of multiple payments) of the order. The Company reserves the right to modify them at any time, by publishing a new version on its website. These General Terms and Conditions can be consulted on the Company's website at the following address: www.magnet-innov.com
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1 Order placement process
To purchase one or more Products on the site, the Customer selects each Product and adds it to their basket. Once their selection is complete, they must confirm their basket to place the Order (1st click)
At this stage, the Customer is redirected to a page containing:
A summary of the selected Products, the prices correspondents, terms and delivery costs. It is then up to them to check and possibly correct the contents of their basket.
These General Terms and Conditions. It is up to him to read them carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the T&Cs (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click results in a payment obligation on his part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to pay for his Order.
After having validated their Order and made their payment, the Customer receives, on the email address they provided to create their account, a confirmation message from the Company. This message contains:
The summary of your order (Selected Product, price, terms and delivery costs);
The Order number;
In the event of non-receipt of confirmation of the Order, the Customer is recommended to contact the Company via the contact form on the site.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Case of refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in compliance with the General Terms and Conditions;
Quantities ordered not corresponding to normal use by a consumer Customer;
Non-payment of a previous Order or ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order (supported by a body of evidence concordant).
2.3 Order cancellation
It is advisable to contact us as soon as possible for a cancellation request, however we do not guarantee cancellations under any circumstances. If the order is ever being prepared or shipped, you will have to return it to us at your expense to obtain a refund.
Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
While the Company takes reasonable care to ensure that the Specifications are accurate, such Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Consequently, the Company declines all responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices is specified on the Company’s websites.
3.2 Availability of Products
Product offers are valid while stocks last from our suppliers. This availability of Products is normally indicated on the specific Product page.
However, to the extent that the Company does not reserve stock (except in specific cases of Products indicated for pre-order on the Product sheet), placing a Product in the basket does not allow to absolutely guarantee the availability of the Product as well as its price.
In the event that a Product becomes unavailable after validation of the Customer's Order, the Company will inform the Customer immediately by email. The Order will be automatically canceled and the Company will reimburse the price of the Product initially ordered, as well as any sum paid under the Order.
However, if the Order contains other Products than those that have become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 – PRICE OF THE PRODUCTS
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined based on the prices at which the Product is commonly sold in a panel of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price charged within the panel of brands is modified.
Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the entire price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in several installments, in particular taking into account the amount to be paid and the knowledge it has of the Customer concerned. However, the Company has no obligation to grant such payment terms. In the event of a particular situation, the Customer may make a request by contacting the Company's Customer Service at the following address contact@magnet-innov.com
5.2 Payment methods
To pay for their Order, the Customer can choose between different payment methods:
Payment by bank card:
Only bank cards attached to a banking establishment are accepted located in France or international bank cards (Visa, MasterCard, American Express and Maestro). The Customer guarantees the Company that he has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of 1.000 €.
It is emphasized that in the event of using this payment method, the Paypal General Conditions of Use, which are available on their site, are added to these General Terms and Conditions.
Payment by vouchers and/or promotional codes
Vouchers and/or promotional codes issued by the Company can be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of attempted fraudulent use of vouchers and/or promotional codes, the Company may simply cancel the Order.
Generally speaking, in the event of refusal of payment authorization from officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.
The Company reserves the right to suspend any of the payment methods at any time, particularly in the event that a payment service provider no longer offers the service used or in the case of a dispute with a Customer regarding a previous Order.
The Company reserves the right to set up an Order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge. As part of this verification, the Customer may be asked to send by email or post to the Company a copy of an identity document, proof of address as well as a copy of the bank card used for payment. . Precise information on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the parts sent.
Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT
6.1 Delivery
Before validation of the Order, the Company communicates to the Customer information concerning the different delivery methods as well as their respective prices. Following the Customer's choice of delivery method, the Company communicates an estimate of the delivery time. Exceptionally delivery times may be modified without notice following delays during cases of force majeure (e.g. COVID19), periods of high demand or end of year such as Black Friday or the Christmas holidays.
The Company will make every effort to ensure that the Product(s) are delivered no later than the date scheduled for delivery. In the event of a difficulty, the Company undertakes to communicate quickly with the Customer to inform them and seek an appropriate solution with them.
Air transport, shipping and/or delivery of the Product(s) will be fully covered by the Customer (“Delivery Costs”). These delivery costs are included in the final price invoiced to the Customer when placing the Order. However, any customs fees are not included in the price invoiced to the Customer by the Company.
Depending on the terms chosen by the Customer, delivery will be made either to the address mentioned by the Customer, or where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the responsibility of the Customer to carefully check the information provided for delivery because he remains solely responsible in the event of non-delivery due to incomplete or incorrect information.
6.2 Customs clearance
When purchasing, the Customer purchases the product tax-free and becomes the importer of the purchased product in his capacity as recipient of the Product.
He is therefore particularly responsible for the import and customs clearance processes of the product with local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than €150).
The Customer is solely responsible for the process of declaring customs duties during customs clearance of the Product. These customs duties, which are not invoiced to the Customer by the Company, do not fall within the jurisdiction of the Company. The latter cannot therefore be held responsible for the reimbursement of these rights.
6.3 Receipt
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
If an anomaly is noted, the Customer must contact the Company's Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any complaint filed after the deadline cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period starts from receipt of the last Product.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer.
7.2 Exclusions
The right of withdrawal cannot be exercised for the following contracts:
Provision of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
The supply of goods made to the consumer's specifications or clearly personalized;
The supply of goods likely to deteriorate or expire quickly;
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Supply of goods which, after having been delivered and by their nature, are mixed inseparably with other items;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional ;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
Provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
Concluded at a public auction;
7.3 Conditions for exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration expressing its intention to withdraw within the 14-day period mentioned above.
Standard model of withdrawal form:
I, the undersigned ______, hereby notify you of my withdrawal from the contract relating to the sale of the Product below:
Name of the Product:
Date of order and receipt:
Order number:
Tracking number of the withdrawal request:
Customer name:
Customer address:
Customer signature : (only in the event of notification of this form on paper
Date:
This form must be sent to the address: contact@magnet-innov.com
The Customer has a period of 14 days from the sending of the notification of his withdrawal to return the Product to the Company in its original packaging, the return costs being at the expense of exclusive responsibility of the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow a resale by the Company. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not provide any reimbursement and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of return of the Product under the conditions provided for by law and these General Terms and Conditions, the Company will reimburse all sums paid by the Customer, delivery costs included, within 14 days of notification withdrawal, unless the Product is returned afterwards. In this case, the Company will only reimburse after receipt and verification of the condition of the returned Product.
This reimbursement will be made using the same means of payment as that used by the Customer to pay for the Order, unless expressly agreed by the Customer for another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 – GUARANTEES
Certain Products on sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not directly gone.
The existence of this type of guarantee is mentioned, where applicable, on the specific Product page.
If the Customer wishes to use this guarantee, he should notify the Company by contacting Customer Service and himself consult the terms of application of the guarantee, which are generally included in the Product box. In case of missing information, the warranty will be 1 year from the order date.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, the data controller, collects a certain number of mandatory personal data (including, in particular, name , first name, delivery address, etc. which are mentioned by an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, producing statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
The Customer's failure to communicate this information would result in it being impossible to process their Order.
This data is intended for internal use by the Company but may be transmitted to companies which contribute to the execution of the service, including in particular those which ensure deliveries of Products or ensure payment processing.
Concerning this personal data, the Customer has several rights:
Right of access to personal data concerning him;
Right of rectification and deletion if the personal data is inaccurate, incomplete, equivocal , outdated or if the collection, use, communication and storage of certain data is prohibited;
Right to limit the processing of data, provided that this request is duly justified and does not prevent compliance, by the Company of its regulatory and legal obligations;
Right to object to the processing of data (in particular in the event of processing for commercial prospecting)
Right to formulate post-mortem directives concerning conservation, erasure and the communication of your personal data
Right to withdraw consent to carrying out certain processing operations (processing carried out before withdrawal of consent remains lawful)
Right to lodge a complaint with the CNIL.
To exercise his rights, the Customer can send a request to the Company, at contact@magnet-innov.com
The request must mention the Customer's email address, their first and last names, postal address and must be accompanied by a copy of their double-sided identity document.
A response will be sent to him within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the site do not result in any transfer of intellectual property on the Products sold.
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these General Terms and Conditions.
Article 11 - FORCE MAJEURE
The Company cannot be held responsible for non-performance of its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The Company will notify the customer of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary set out herein, the Company cannot under any circumstances be held responsible in the event of loss or damage due to use inappropriate use of the Product(s) by the Customer, including in particular a modification or alteration of the Product(s) not authorized by the Company.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the General Terms and Conditions, or otherwise general to the applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or closed will not be able to subsequently order or create a new account on the Site, without the prior authorization of the Company.
Article 14 - NULLITY AND MODIFICATION OF THE CGV
If any of the stipulations of these CGV is void, it will be deemed unwritten, but will not result in the nullity of the whole contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these General Terms and Conditions, whatever the frequency and duration, cannot constitute a modification. of the General Terms and Conditions, nor generate any rights for the Customer.
Article 15 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These General Terms and Conditions are subject toAmerican laws
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect possible complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.
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