General conditions of sale of products online between professionals

Preamble

These general conditions of sale apply to all sales concluded on the MAGICPRINT LTD website .

The MAGICPRINT LTD website is a service of:

  • MAGICPRINT LTD
  • located at 48 RUE SARRETTE 75685 PARIS CEDEX 14 France
  • website address: www.magic-print.com
  • e-mail address: info@magic-printing.fr
  • telephone: +33 (0) 9 88 66 07 01

The MAGICPRINT LTD website markets the following products: promotional items and textiles, flags, roll up, stands, tablecloths, fabrics, banners, .... .

The customer declares to have read and accepted the general conditions of sale prior to the placing of his order. The validation of the order is worth 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 reserve.

These general conditions of sale prevail over any other document, including any terms and conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.

The seller and the buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to modify his general conditions. They will be applicable as soon as they are posted.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

These general conditions of sale are communicated to any buyer who requests it, in order to allow him to place an order.

The present general conditions of sale are applicable until March 31, 2024 .

Article 2 - Content

These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods and products offered by the seller to the buyer.

These conditions only concern purchases made on this website and delivered exclusively in mainland France and Corsica. For all deliveries in the DOM-TOM or outside France, it is advisable to announce it to obtain a specific estimate.

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 will have to accept, by clicking in the place indicated on the site, these 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 prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below.

In some cases, including default of payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.

In case of unavailability of a product ordered, the buyer will be informed by email.

The cancellation of the order of this product and its possible refund will then be made, the rest of the order remaining firm and final.

For any question relating to the follow-up 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 9am to 4pm ,

- send an e-mail to the following address: info@magic-printing.fr .

Article 4 - Electronic Signature

The online supply of the buyer's bank details and the final validation of the order will be proof of the agreement of the buyer. This will allow the seller to obtain the payment of sums due under the purchase order and this will be worth signing and express acceptance of all transactions.

In the event of fraudulent use of the bank details, the buyer is invited, as soon as the use is confirmed, to contact the seller by calling him at 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

The 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 records kept in the seller's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.

Article 7 - Product Information

The products governed by these terms and conditions are those listed on the website of the seller and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller's liability could not be incurred.

The photographs of the products are not contractual.

Article 8 - Price

Calculation

The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date. Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take account of the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the price of the products of the online shop.

Payment of the full price must be made when ordering. At no time can the amounts paid be considered as a deposit or installments.

If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.

Advance payment

Any order may result in the payment of a deposit, the terms of which will be fixed at the time of sale. Except in cases of force majeure, any cancellation of the order by the buyer from will not be able to give place to the refund of this anticipated down payment.

Discount

The buyer can benefit from special discounts and rebates if necessary, according to the specific conditions specified during the order.

  Article 9 - Method of payment

settlement

This is an order with payment obligation, which means that the placing of the order involves a payment from the buyer. Payment of the order is made only by withdrawal from the buyer's bank account.The buyer must enter his bank details in the place provided and confirm this entry by adding his RIB computer attachment of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization from officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully paid or a previous order or with whom a payment dispute is being administered. . The seller has implemented an order verification procedure to ensure that no one uses the bank details of another person without his knowledge. As part of this verification, the buyer may be asked to fax the seller a copy of an ID and a proof of address. The order will be validated only after receipt and verification by the seller of the parts sent.

The price is payable in full and in one payment upon receipt of the order. The payment date will be mentioned on the invoice sent to the buyer.

Late payment

Any late payment will result in the immediate payment of all amounts due to the seller by the buyer, without prejudice to any other action that the seller would be entitled to bring against the buyer .

 

Article 10 - Availability of products

Except in case of force majeure or during the closing periods clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For any delivery in France (mainland France and Corsica), the deadline is Delivery with our carriers (ups, tnt, fedex, chronopost, dpd) from the day following the day when the buyer has placed his order.

For all deliveries in the DOM-TOM or outside France, it is advisable to announce it to obtain a specific estimate.

In case of delay, the responsibility of the seller can not be engaged, and this, for any reason whatsoever. Therefore, no claim for compensation of any nature whatsoever may be claimed by the buyer.

In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

Article 11 - Delivery terms

The delivery is made only after confirmation of payment by the bank of the seller.

It is provided within the time specified in Article 10, from the receipt by the seller of the order form.

Any delay over   may result in the resolution of the sale. Down payments or payment made on the order will then be returned to the buyer. The payment made to the order will then be returned to the buyer.

In case of non-compliance with the terms of payment listed above, the seller may suspend or cancel the sale.

The products are delivered to the address specified by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer. The buyer can, 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 driver will leave a notice in the mailbox, which will remove the package at the place and for 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 refuse the package and note a reserve on the delivery note (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...).

This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm by registered mail these reservations to the carrier no later than two working days after receipt of the item (s) and send a copy of this letter by fax or simple 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 of delivery. Any complaint formulated outside this period can not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions ...).

Article 12 - Delivery Errors

The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and / or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this time will be rejected.

The claim can be made, at the choice of the buyer:

- by contacting the seller at the following telephone number: ;

- using the following email address: .

Any claim not made in the rules defined above and within the time limits can not be taken into account and release the seller from any liability vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and will communicate by e-mail to the buyer. The exchange of a product can take place only after the allocation of the exchange number.

In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommandé, at the following address: 48 RUE SARRETTE , 75685 PARIS CEDEX 14 .

Return shipping costs are the responsibility of the seller.

Article 13 - Product Warranty

The seller warrants the buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in design or supply of said services to the exclusion of any negligence or fault of the buyer.

In any event, in the event that the seller's liability is withheld, the seller's guarantee is limited to the amount paid by the buyer for the purchase of the goods.

Article 14 - Right of withdrawal

As the buyer is a professional purchasing within the scope and for the needs of his profession, it is not necessary to apply the right of withdrawal provided by the Consumer Code.

Article 15 - Force majeure

Any circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, shall be considered as grounds for exoneration of the obligations of the parties and shall lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.

Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and can not be prevented by the latter, despite all efforts reasonably possible. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.

Article 16 - Partial non-validation

If one or more clauses of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other clauses will keep all their force and their reach.

Article 17 - Non-Waiver

The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these terms and conditions can not be construed 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 that may arise from the interpretation or execution of the Contract.

If they do not succeed, 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's account, his name, first name, email address; Phone Number; address; ;

Connection: when the user logs on to the website, the user registers, in particular, his last name, first name, login, usage, location and payment data.

Profile:   the use of the services provided on the website can provide a profile, which may include an address and a phone number.

Payment: as part of the payment of the products and services offered on the website, it records financial data relating to the bank account or the credit card of the user.

Communication: When the website is used to communicate with other members, the data concerning the user's communications is temporarily stored.

Cookies: Cookies are used, as part of the use of the site. The user has the option to disable cookies from his browser settings.

Use of personal data

The personal data collected from the users aim at providing the services of the website, improving them and maintaining a secure environment. Specifically, the uses are:

- 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 the data transmitted by the user;

- offer the user the opportunity to communicate with other users of the website;

- implementation of a user assistance;

- customization of services by displaying advertisements based on the user's browsing history, according to his preferences;

- prevention and detection of fraud, malware (malicious softwares or malware) and security incident management;

- management of any disputes with users;

- sending commercial and advertising information, according to the preferences of the user. 

Sharing 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 contracted;

- when the user publishes, in the free comment areas of the website, information accessible to the public;

- 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 the data of the user, in the context of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the regulations applicable to the protection of personal data. staff ;

- if required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures;

- if the website is involved in a merger, acquisition, asset transfer or bankruptcy proceeding, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed before the personal data are transferred to a third party. 

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against unauthorized tampering, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the website can not 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 claim at the following address info@magic-printing.fr :

- They can update or delete the data that concerns 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 . It should be noted that information shared with other users, such as forum posts, may remain visible to the public on the website, even after the deletion of their account;

- 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, prior to the implementation of this right, the website may request proof of the identity of the user to verify its accuracy;

- if the personal data held by the website are inaccurate, they may request the update of the information, 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 clause relating to the protection of personal data at any time. If a modification is made to this clause for the protection of personal data, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the redrafting of the personal data protection clause, he / she has the option to delete his / her account.