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DomainE Mas BauX

Terms and conditions of sale

Article 1: Applications of Conditions

The Seller is defined below as MAS BAUX, whose head office is located at Voie des Côteaux 66140 Canet-en-Roussillon. The Buyer is defined below as any individual or legal entity, company, firm, association, private individual using the MAS BAUX website and accepting the present general terms and conditions of sale. The general conditions of sale apply exclusively to all sales concluded by MAS BAUX. All other conditions are only binding for the Seller after written confirmation by him. The information given on the MAS BAUX website for catalogs, photographs, price lists, notes, etc. is given for information purposes only and may, as such, be modified by the Seller without prior notice. The mere fact of placing an order or accepting an offer from the Seller implies the unconditional acceptance of these Terms and Conditions of Sale. The present general Terms and Conditions of Sale may be modified at any time and without notice by MAS BAUX, the modifications being then applicable to all subsequent orders.

MAS BAUX may modify from time to time certain provisions of its  Terms and Conditions of Sale, so we strongly advise the Purchaser to read them again before each order validation. The Purchaser acknowledges that he/she is fully informed of the fact that his/her agreement concerning the content of the present Terms and Conditions of Sale does not require a handwritten or electronic signature of this document, insofar as the Purchaser wishes to order the products presented within the framework of the MAS BAUX online store. The Buyer is deemed to accept without reservation the entirety of the provisions set forth in these Terms and Conditions of Sale. The Terms and Conditions of Sale are made available to the Buyers on the Seller’s website where they can be directly consulted and can also be communicated to him upon request by telephone, e-mail or post. Terms and Conditions of Sale are opposable to the Buyer who acknowledges, by ticking a box provided for this purpose, to have had knowledge of them and to have accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the purchaser to the Terms and Conditions of Sale in force at the day of the order whose conservation and reproduction are ensured by the professional salesman in accordance with article 1369-4 of the Civil code.

Article 2: Orders

Offers are valid while stocks last. In the case of a quotation, the offer will remain valid for seven clear days unless otherwise stipulated on the quotation. French is the only language proposed for the conclusion of the order. We take the greatest care in putting essential information and characteristics on the products on line, in particular thanks to the technical descriptions and photographs illustrating the products. The information and photographs contained on the website are not contractual.

2-1: Products description

The essential characteristics of the products are indicated in the product sheet, usually containing a photograph of the product and indicating its particularities. Photographs illustrating, in support of the text, the products do not fall within the contractual field. If errors have been introduced, MAS BAUX cannot be held responsible in any way. The detailed product sheet is the only contractual source. MAS BAUX is at any time entitled to update or improve its technical data sheets or to withdraw its products from sale. The products are in conformity with the prescriptions in force relating to the safety and health of persons, to the fairness of commercial transactions and to the protection of consumers at the time they are placed on the market.

2-2: Products availability

In case of unavailability of an ordered product, MAS BAUX can provide a product of equivalent quality and price. Our offers are valid subject to availability. We undertake to inform you by e-mail within eight clear days and to indicate a waiting period for receipt of this product in case of availability after placing your order. In case of partial unavailability of the products, MAS BAUX may have to split the order. Thus the available products can be sent when all the other products are available. In case of unavailability of an ordered product, the Purchaser will be informed as soon as possible and will have the possibility to cancel the order. The Purchaser will then have the choice to ask for a refund of the sums paid within 30 days at the latest of their payment, by check, or to wait for the availability and delivery of the products.

2-3: Steps to Compete the Order

At the time of the first order on MAS BAUX’s online store, any new Purchaser will have to create a “customer account”. An identifier or “login” and a password will be requested. During each order validation, you will be directed to your account via a secured connection recalling the content of your order. Your order will only be definitively registered after the various information and final validation. To place an order, the Buyer, after having filled his virtual shopping cart with the selected products and the desired quantities, then clicks on the “Order” button and provides information on delivery and payment method. Before clicking on the “Confirm Order” button, the Purchaser has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order. When you register the order by selecting a method of payment, the sale is deemed to be concluded. The Buyer’s validation of the order constitutes an electronic signature which has the value, between the parties, of a handwritten signature. Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technology and relating to the electronic signature, Article 1316-1 of the Civil Code, relating to the electronic signature. Confirmation of the order implies acceptance of the Terms and Conditions of Sale and forms the contract. An e-mail acknowledging receipt of the order and its payment is sent by the seller as soon as possible. MAS BAUX reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute regarding the payment of a previous order, for any legitimate reason, or if the quantities of products ordered are abnormally high for buyers having the status of particular consumers. Any modification of an order by the Buyer after confirmation of his order is subject to acceptance by the Seller.

2-4: Cancellation of the order

Order placed on our website www.mas-baux.com is automatically cancelled if payment is not received within 8 days. From the moment the Buyer has validated his order, he is considered to have accepted with full knowledge of the facts and adherence without restriction or reservation to these Terms and Conditions of Sale. Prices, volumes and quantities of products offered for sale and ordered. The Purchaser’s order must be confirmed by MAS BAUX by sending an e-mail. The sale will only be considered final after the sending of this confirmation e-mail and the collection of the full price. MAS BAUX recommends the Purchaser to keep this information.

Article 3: Price

Prices appearing on the MAS BAUX website are indicated in euros (€), excluding delivery costs. The prices appearing on your order after its validation and registration are firm and final. If the prices decrease after your order, we will not be able to compensate you for the difference. If the prices increase, we undertake to deliver at the price set on the day of the order. The prices are expressed inclusive of tax and but carriage is not included. The payment of the totality of the price must be carried out at the time of the order. At no time can the sums paid be considered as a deposit or advance payment. The cashing of the total amount of the order will be carried out at the time of the validation of the order or in the event of payment by check at the time of its reception.
In case of sale to a particular buyer located on French territory, the sale prices, in accordance with Article L. 113-13 of the Consumer Code, are indicated, for each of the products listed in the electronic catalog, in euros, all taxes included, excluding delivery and shipping costs mentioned before validation of the order and charged in addition. The total amount due by the consumer is indicated on the order confirmation page. The selling price of the product is that in force on the day of the order. In the event of a price promotion, the professional seller undertakes to apply the promotional price to any order placed during the promotional period.
The price is payable in full after confirmation of the order.
With the exception of sums paid which are reimbursed in the event of unavailability of the product ordered under the conditions provided for in Article 6-4 of the Terms and Conditions of Sale, any sum paid in advance on the price shall generate interest at the legal rate at the end of a period of three months from the payment until the delivery of the product or, failing this, on the return of the sum paid with the order.

Article 4: Transport and Delivery Times

4-1: Terms and Delivery Times

The order is transported by a carrier from the point of departure (MAS BAUX) to its point of arrival at the customer’s premises.
Delivery times are dependent on our service providers and vary according to the time of year, traffic… As a general rule, delivery times vary between 3 and 8 working days.

Under no circumstances can a delay in delivery be the subject of a refusal of the goods or a claim for compensation from the customer.

4-2: Products Conformity

If the product does not conform to the order, the consumer must address a complaint to the professional salesman in order to obtain the replacement of the product or possibly the resolution of the sale.
In case of damage (breakage or missing), the recipient of the order must make all reservations with the carrier and report them to us by phone or by email contact@mas-baux.com.
The goods accepted without reservation by the Buyer at the time of delivery and/or in the absence of a letter addressed to the carrier within three clear days, are deemed to have arrived in good condition and in their entirety. MAS BAUX will not be able to take charge of any claim and its responsibility will not be engaged. For any question or difficulty you may encounter, we invite you to contact us by phone or by email contact@mas-baux.com.

Article 5: Claims, Warranties, Returns

All claims relating to a defect in the goods delivered, to an inaccuracy in the quantities or in their references in relation to the accepted offer or to the confirmation of the order by MAS BAUX, must be made by telephone or by e-mail: contact@mas-baux.com within 48 hours from the reception of the goods. Any return of goods requires the prior agreement of MAS BAUX.

Article 6 : Faculty of Retractation, Reserved to Individuals

Under the conditions provided by Articles L121-20 and following, modified by Law n°2005-841 of 26 July 2005 – art. 3 JORF 27 July 2005 of the Consumer Code and in the context of distance selling, and the law of 17 March 2014 known as the Hamon Law, the non-professional Buyer has a withdrawal period of fourteen clear days. The time mentioned runs from the reception of the goods or the acceptance of the offer for the services. If the fourteen-day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the first following working day. The request for withdrawal must be made in writing within the said fourteen-day period, by letter or by e-mail: contact@mas-baux.com. It shall be accompanied by the products subject to its withdrawal, in their original condition and packaging. The return of goods is at the expense and risk of the Buyer. However, it should be noticed that the right of withdrawal may not be exercised under any circumstances for the products defined in the context of the application of Article L121-20-2 modified by Order No. 2005-648 of 6 June 2005 – art. 1 JORF 7 June 2005 in force on 1 December 2005 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of the cost of returns, as indicated above. In the event of exercising the right of withdrawal, the Purchaser has the choice to request either the refund of the sums paid or the exchange of products. In the case of an exchange, the reshipment will be at the expense of the Purchaser. In case of exercise of the right of retraction, MAS BAUX will reimburse the Purchaser within 14 days from receipt of the products subject to retraction, subject to their condition and packaging, by check or bank transfer. No right of retraction can give right to any indemnity or penalty whatsoever. The faculty of retraction is exclusively reserved for private individuals, it could not apply in any case to a professional or to a holder of a SIREN Number, in accordance with the law in force.

Article 7: Reservation of Property

In application of the Law n° 80-335 of May 12, 1980 relating to the effects of retention of title clauses in sales contracts, the goods which will be delivered and invoiced to the Buyer will remain the property of MAS BAUX until full payment of their price. Failure to pay may result in the goods being reclaimed by MAS BAUX, the return being immediate and the goods delivered at the Buyer’s expense, risk and peril. During the time between delivery to transfer of ownership, the risks of loss, theft or destruction, as well as any damage that may be caused by the Buyer shall remain with him. The Buyer undertakes, in the event of receivership proceedings affecting its business, to participate actively in drawing up an inventory of the goods in its inventory and of which the Seller claims ownership. Failing this, the Seller shall be entitled to have the inventory recorded by a bailiff at the Buyer’s expense. The Seller may prohibit the Buyer from reselling, processing or incorporating the goods in the event of late payment. If the goods are sold in the meantime, the Buyer shall be entitled to assign the claim to us, and if payments are made for such claims, they shall be transferred to us upon receipt. In order to secure outstanding payments and in particular the balance of the Buyer’s account in the Seller’s records, it is expressly stipulated that the claim relating to goods delivered but not paid for shall refer to identical goods from the Seller in stock at the Buyer’s premises, without the need to set off payments against a particular sale or delivery.

Article 8: Payment

Payments must be made in such a way that the Seller can dispose of the sums on the due date indicated on the invoice.
Payment shall be made unless otherwise specified on the www.mas-baux.com website.
The entry of banking information is done via a secure server to ensure the security and confidentiality of information provided during the banking transaction.
By Check (issued by a bank domiciled in metropolitan France). The check must be sent to the order of MAS BAUX, at the following address: Voie des Côteaux 66140 Canet-en-Roussillon. It must be accompanied by a copy of the e-mail acknowledging receipt of your order. It will be cashed upon receipt. The processing of your order will be carried out from the date of receipt. If within 15 working days after the date of validation of the order we have not received the check, the order will be cancelled.

Article 9: IT and Liberties

Information requested from the Buyer is necessary to process his order. You may receive commercial offers from MAS BAUX, which undertakes not to communicate this information to any other company. If you do not wish to receive them, you only have to contact us at our address contact@mas-baux.com to oppose such communication, or to exercise your rights with regard to the information concerning you and appearing in the files of MAS BAUX. In application of Law n°78-17 of January 6, 1978 relating to data processing, files and liberties, Consolidated version as of May 14, 2009, you have the right to oppose (article 26), access (articles 34 to 38) and rectification (article 36) of data concerning you. Thus, you may demand that any information concerning you that is inaccurate, incomplete, ambiguous, out of date or whose collection or use, communication or conservation is prohibited be rectified, completed, clarified, updated or deleted. If you wish to make use of this right, simply write to us at contact@mas-baux.com.

Article 10: MEDIATION AND DISPUTE RESOLUTION

The buyer may have recourse to conventional mediation, in particular with the Mediation Commission for Consumer or with existing sectoral mediation bodies or to any alternative method of dispute resolution (e.g. conciliation) in the event of a dispute.
In accordance with Article 14 of Regulation (EU) No: 524/2013, the European Commission has set up an Online Dispute Resolution platform facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is available at the following link: https://webgate.ec.europa.eu/odr/