General Conditions of Sale of products online between professionals
Preamble
These general conditions of sale apply to all sales made on the website MAGICPRINT LTD.
The MAGICPRINT LTD is a service of:
- the society MAGICPRINT LTD
- located 126, Rue d'Alésia – 75014 Paris – France
- website address: www.magic-print.com
- e-mail address : info@magic-print.fr
- telephone : +33 (0)9 88 66 07 01
The MAGICPRINT LTD markets the following products: advertising objects and textiles, flags, roll ups, stands, tablecloths, fabrics, banners, etc..
The customer declares to have read and accepted the general conditions of sale prior to placing his order. Validation of the order therefore constitutes acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and, in this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services provided by the seller to professional buyers.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to fail, it would be considered to be governed by the usages in force in the distance selling sector of which the companies are based in France.
These general conditions of sale are communicated to any buyer who requests them, in order to enable them to place an order.
These general conditions of sale are applicable until March 31, 2024.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer.
These conditions only apply to purchases made on this website and delivered exclusively to mainland France and Corsica. For any delivery to the French overseas departments and territories or outside France, please report this to obtain a specific quote.
Article 3 - The order
The buyer places his order online, from the online catalog and using the form on the site.
For the order to be validated, the buyer must accept, by clicking on the place indicated on the site, the present general conditions. Its acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below.
The buyer will have to choose the address and the delivery method. Payment is made by direct debit.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
In case of unavailability of an ordered product, the buyer will be informed by email.
The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and final.
For any questions regarding the tracking of an order, the buyer can:
- call the following number: +33 (0)9 88 66 07 01 (cost of a local call), on the following days and times: Monday to Friday from 9 a.m. to 16 p.m.,
– send an email to the following address: info@magic-printing.fr.
Article 4 - Electronic signature
The online provision of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement. This will allow the seller to obtain the payment of the amounts due under the purchase order and will constitute signature and express acceptance of all operations carried out.
In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is noted, to contact the seller by calling the following number: +33 (0)9 88 66 07 01, or by sending him an e-mail to the following address: info@magic-printing.fr.
Article 5 – Confirmation of the order
Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the buyer on the order form.
Article 6 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 7 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 8 - Price
Calculation
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not take into account delivery costs, invoiced in addition, and indicated before validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
Payment of the full price must be made when ordering. At no time may the amounts paid be considered as deposits or down payments.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the sale price of the products.
Advance payment
Any order may give rise to the payment of a deposit, the terms of which will be set at the time of sale. Except in cases of force majeure, any cancellation of the order by the buyer from will not give rise to the reimbursement of this planned deposit.
Discount
The buyer may benefit from special discounts and rebates where applicable, according to the special conditions specified when ordering.
Article 9 - Method of payment
Rules
This is an order with payment obligation, which means that placing the order implies payment by the buyer. Payment for the order is made only by direct debit from the buyer's bank account. The buyer must enter their bank details in the space provided and confirm this entry by adding their computer bank details as an attachment to the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered. The seller has set up an order verification procedure intended to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will then only be validated after receipt and verification by the seller of the documents sent.
The price is payable in full and in a single payment upon receipt of the order. The payment date will be mentioned on the invoice sent to the buyer.
Late payment
Any delay in payment will result in the immediate payment of all sums owed to the seller by the buyer, without prejudice to any other action that the seller would be entitled to take, in this respect, against the buyer.
Article 10 - Product availability
Except in cases of force majeure or during closing periods clearly announced on the home page of the site, shipping times will be, within the limit of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For all deliveries in France (mainland France and Corsica), the delivery time is Delivery with our carriers (ups, tnt, fedex, chronopost, dpd) from the day following the day on which the buyer placed his order.
For any delivery to the French overseas departments and territories or outside France, please report this to obtain a specific quote.
In the event of a delay, the seller shall not be held liable for any reason whatsoever. Consequently, no claim for compensation of any nature whatsoever may be made by the buyer.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 11 - Terms of delivery
Delivery is made only after confirmation of payment by the seller's bank.
It is provided within the time period specified in Article 10, from receipt by the seller of the purchase order.
Any delay greater than may result in the sale being terminated. Any deposits paid or payment made when ordering will then be returned to the buyer. Payment made when ordering will then be returned to the buyer.
In the event of non-compliance with the payment conditions set out above, the seller may suspend or cancel the sale.
The products are delivered to the address indicated by the purchaser on the order form, the purchaser must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected from the location and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 working days following delivery. Any claim made outside this period will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 12 - Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or in quality compared to the details on the order form. Any complaint formulated after this deadline will be rejected.
The claim may be made, at the buyer's choice:
– by contacting the seller at the following telephone number: ;
– using the following email address: .
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: 48 RUE SARRETTE , 75685 PARIS CEDEX 14.
Return costs are the responsibility of the seller.
Article 13 - Product warranty
The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, arising from a design or supply defect of said services, excluding any negligence or fault of the buyer.
In any event, in the event that the seller's liability is retained, the seller's guarantee would be limited to the amount excluding tax paid by the buyer for the purchase of the goods.
Article 14 - Right of withdrawal
The buyer being a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.
ARTICLE 15 – FORCE MAJEURE
Any circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 16 - Partial non-validation
If one or more clauses of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other clauses will retain their full force and scope.
Article 17 - Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 18 - Applicable Law
These general conditions are subject to the application of French law.
The parties undertake to seek an amicable solution to any dispute which may arise from the interpretation or execution of the Contract.
If they fail to do so, the parties will submit the dispute to the Commercial Court.
Article 19- Collection of personal data
Data collected:
The personal data collected on this site are as follows:
Account opening: when creating the user account, his/her last name, first name, email address; phone number; mailing address; ;
Login: When the user connects to the website, the latter records, in particular, their surname, first name, connection data, usage data, location data and payment data.
Profile: the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number.
Payment: as part of the payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card.
Communication: When the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage.
Cookies : cookies are used as part of the use of the site. The user has the option of deactivating cookies from their browser settings.
Use of personal data
The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending of commercial and advertising information, according to user preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes publicly accessible information in the free comment areas of the website;
- when the user authorizes the website of a third party to access his data;
- when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations. staff ;
- if required by law, the website may transmit data to respond to complaints made against the website and comply with administrative and legal procedures;
- if the website is involved in a merger, acquisition, transfer of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise at the following address: info@magic-printing.fr :
– they can update or delete data concerning them by logging into their account and configuring the settings of this account;
– they can delete their account, by writing to the following email address info@magic-printing.fr. Please note that information shared with other users, such as forum posts, may remain publicly visible on the website even after their account is deleted;
– they can exercise their right of access, to know the personal data concerning them, by writing to the following email address: info@magic-printing.fr. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy;
– if the personal data held by the website is inaccurate, they can request that the information be updated, by writing to the following email address: info@magic-printing.fr ;
– users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: info@magic-printing.fr.
Evolution of this clause
The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he or she has the option of deleting the new version.rhyme his account.