General conditions of sale

General Terms and Conditions of Sale

Article 1: Purpose

The online shop of the mm-dev.web01-macmaniack.syaleo.scalizy.net site, was set up by SAS SYALEO, 9 rue de la Gare, 17880 Les Portes en Ré, (792553224 RCS of La Rochelle) which is the operator of this site and owner of the Macmaniack.com brand. The General Terms and Conditions of Sale detailed below (hereinafter "the General Conditions") exclusively govern the contractual relations between soSAV (hereinafter "the Seller" and the Buyer (hereinafter "the Buyer") and are intended to define the rights and obligations of the parties in the context of the online sale of goods and services offered on the online store of the mm-dev.web01-macmaniack.syaleo.scalizy.net website (hereinafter "the Site")

Article 2: Acceptance of the General Terms and Conditions of Sale and digital signature.

The order of products presented on the Site is subject to acceptance by the Buyer, and constitutes acceptance without any reservation, by the latter, of all the provisions provided for in these General Conditions set out below. These General Terms and Conditions of Sale are binding on the Buyer without regard to any particular clauses added by him - unless expressly agreed by the Seller and without regard for advertising documents issued by SYALEO. No general or specific conditions appearing in the documents sent or delivered by the Buyer may be incorporated herein, as long as these documents are incompatible with these General Conditions. The Buyer declares to have full legal capacity allowing him to commit himself under these General Conditions Any order for a product appearing within the Site is only possible after ticking the box "I accept the General Conditions of Sale" followed by a hypertext link to these General Conditions and assumes their prior consultation. Any modification to these General Terms and Conditions is applicable as soon as it is posted on the Site but cannot apply to contracts previously concluded. The Buyer has the option to save or edit these General Conditions, it being specified that both the backup and the edition of this document are his sole responsibility.

Article 3.1: Contractual documents

This contract is formed by the following contractual documents, presented in descending hierarchical order: these General Terms and Conditions; the invoice. In the event of any contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.

Article 3.2: Amendments to contractual documents

Requests for changes to an invoice must be the subject of a request to our customer service by email (info@macmaniack.com). For any modification of post-shipment invoice, the company SYALEO SAS reserves the right to require an invoice of 15 € HT per modified document, this as a fee of file.

Article 4: Entry into force - duration

The present General Terms and Conditions come into force on the date of electronic signature of the order form. These General Terms and Conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the Seller.

Article 5: Electronic signature

The Buyer's "double click" under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The buyer's acceptance is materialized by his electronic signature, concretized by the click of payment of the offer, as well as by the communication of his bank details at the end of the payment of his order. This electronic signature has the value of a handwritten signature between the parties. This dual approach is equivalent for the Buyer to acknowledge that he has taken full knowledge and that he approves all the conditions indicated below and that they do not require the handwritten signature of this document. In addition, the Seller may be required to make updates to the General Conditions. Under these conditions, the Seller invites Buyers to carefully read the General Conditions of Sale below, before proceeding to any effective order of products appearing on the Site. The language proposed for the conclusion of the online contract is French.

Article 6: Order confirmation

The contractual information will be confirmed by e-mail at the latest at the time of delivery or failing that, at the address indicated by the Buyer in the order form.

Article 7: Proof of transaction

The computerized records, kept in the Seller's computer systems under reasonable conditions of security, 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 that can be produced as proof.

Article 8: Product information

8-a: the Seller presents on its website the products for sale with the necessary characteristics that make it possible to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential Buyer to know before the final order is taken the essential characteristics of the products he wishes to buy.

8-b: The offers presented by the Seller are only valid within the limits of available stocks. Product photos are not contractual.

Article 9 : Price

The prices are indicated in euros and are only valid on the date of purchase by the Buyer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The 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 shop. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.

In the event of a manifest error in the price, the seller reserves the right not to honor the contract. The buyer will not be able to demand to pay this derisory price, the normally notified buyer can not seriously claim to have taken the displayed price for the real value of the item. In this case, the sale may be considered null and void by the seller.

Article 10: Payment method

To pay for his order, the Buyer has, at his choice, all the payment methods offered at the time of the order. The Buyer guarantees the Seller that he has the necessary authorizations to use the payment method chosen by him, during the validation of the order. The Seller reserves the right to suspend any order management and delivery in case of refusal of authorization of payment by credit card by officially accredited organizations or in case 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 paid in whole or in part for a previous order or with whom a payment dispute is being administered.

Article 11: Product availability

The order will be executed at the latest within 3 days from the day after the order. In case of unavailability of the ordered product, in particular due to our suppliers, the Buyer will have the possibility 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 12: Terms of delivery

The products are delivered to the address indicated by the Buyer during the order. The Buyer is obliged to check the condition of the packaging of the goods on delivery and to report to the Seller the damage due to the carrier by registered mail with acknowledgment of receipt, within one week. 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 during the ordering process.

Article 13: Delivery problems due to the carrier

Any anomaly concerning the delivery (missing product compared to the delivery note, damaged package, broken products following a bad treatment of the package) must be imperatively indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the Buyer. The Buyer must report and deal with the dispute with the transport company or the post office within the legal deadlines following the date of delivery. The Buyer must send a copy of the documents sent to the carrier by simple mail to:

MACMANIACK.com

9 rue de la Gare

17880 Les Portes en Ré

We decline all responsibility for the extension of delivery times, in particular in the event of loss, deterioration of products or strike by the carrier.

Article 14: Delivery problem due to the Seller

For any anomaly concerning the contents of the package (missing product or not in accordance with the indications on the order form) and for which it is demonstrated by the Buyer that only the Seller can be called into question.

14-a: The Buyer must make his complaint to the Seller at the following address MACMANIACK.com, 9 rue de la Gare, 17880 Les Portes en Ré by registered letter with acknowledgment of receipt on the same day of delivery or no later than three (3) working days following delivery. Any anomaly must be reported in advance by registered letter or by email (contact@macmaniack.com) accompanied by a photo front / back of the article concerned, in order to cover the buyer against any possible damage caused by the carrier when returning the product.

14-b: The claim will consist either in the cancellation of the order and the refund of the sums already paid. - or in exchange for products that do not comply with the order. In any case, the refund or exchange will not be made on the sole condition that the product(s) to be exchanged or refunded are returned to the Seller in their entirety, without any deterioration, in their complete and intact original packaging, in perfect condition for resale, in Colissimo Recommended, at the following address: MACMANIACK.com, 9 rue de la Gare, 17880 Les Portes en Ré. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. The Seller reserves the right to examine the returned product(s) and consequently to postpone the date of refund or exchange.

14-c: Any claim not made in the rules defined above and within the time limits can not be taken into account and will release the Seller from any responsibility towards the Buyer.

14-d: Shipping costs are the responsibility of the company SYALEO, except in the event that it turns out that the product returned does not correspond to the declaration of origin made by the Buyer in the return form.

Article 15: Product Warranty

SYALEO warranty 2 years (two years) all items on hidden defects on the date of purchase for a period of 2 years from the same date. If, during the warranty period, the product is found to be defective (on the date of purchase) due to a defect in material or workmanship SYALEO will repair or replace (at the discretion SYALEO) of the product or its defective parts free of charge, subject to the conditions below. SYALEO reserves the right to replace defective parts or products with new or serviced parts or products in the workshop. All replaced parts and products will become the property of SYALEO.

1. This warranty applies only if the defective product is presented during the warranty period, accompanied by the invoice and a front/back photo (contact@macmaniack.com) in order to cover any damage caused by the carrier when returning the product. SYALEO reserve the right to refuse the free application of the warranty if these documents are not presented or if they are incomplete or illegible.

2. To prevent any deterioration or loss/erasure of data stored on media or in mobile phones, you must have made a copy or backed it up prior to handing over your device to the reseller under warranty.

3. This warranty does not cover transportation costs or risks associated with the drop-off and pick-up journeys of your product.

4. This warranty does not cover any of the following:

a) Periodic maintenance and repairs or replacements of parts as a result of normal wear and tear.

b) Deterioration or defects resulting from use, operation or handling of the product not in accordance with normal personal or private use

c) Deterioration or modifications caused by misuse, installation or use of the product not in accordance with its intended purpose, virus infections or use of the product with incorrectly installed or inappropriate software, use of the product with accessories, peripherals and other inappropriate products, repairs carried out or attempted by persons other than SYALEO or other persons without the permission of SYALEO, negligence, accidents, fires, liquids, chemicals, other substances, floods, vibrations, excessive heat, overvoltages, excessive or inadequate power supply, radiation, electrostatic discharge, including lightning, other forces and externalities.5. This warranty covers only the hardware components of the product. It does not cover software for which an end user license agreement or separate warranty statements or exclusions are provided or applicable.

Article 16: Liability for damage caused by products

The Buyer is expressly informed that the Seller is not the producer or manufacturer of the products presented as part of the website, within the meaning of Law No. 98-389 of 19 May 1998 and the Seller declines all responsibility for defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the manufacturer thereof may be sought by the Buyer, on the basis of the information on the packaging.

Article 17: Right of withdrawal

The Buyer has a period of 30 working days to return, at his own expense, the products that do not suit him. This period runs from the day of delivery of the Buyer's order. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended until the first following working day.

Any return must be reported in advance by registered letter or by email (contact@macmaniack.com) accompanied by a photo front / back of the item concerned, in order to cover the buyer against any possible damage caused by the carrier when returning the product. The product must be returned by Colissimo to the following address:

MACMANIACK.com / SAS SYALEO

Service Return

9 rue de la Gare

17880 Les Portes en Ré

The products must not have been unsealed, so that the Buyer can benefit from the right of withdrawal. Only products returned in their entirety, in their complete and intact original packaging, and in perfect condition for resale, will be taken back. Any product that has been damaged, or whose original packaging has been damaged or opened, will not be refunded or exchanged.

This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of the exercise of the right of withdrawal, the Buyer has the choice to request either the refund of the sums paid, or the exchange of the product. In case of exercise of the right of withdrawal within a period of less than 14 days, the Buyer will be reimbursed at choice by crediting his bank account or via the creation of a credit. In case of exercise of the right of withdrawal within a period of more than 14 days, the Buyer can only be refunded by the creation of a credit, sent by email, and a validity of 6 months on the shop macmaniack.com

In the case of an exchange, the reshipment will be at the expense of the Buyer.

In case of exercise of the right of withdrawal, the Seller will make every effort to reimburse the Buyer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs a technical verification (products must be tested beforehand). The Buyer will then be reimbursed by crediting his bank account (secure transaction) in case of payment by credit card, or by check in other cases.

Article 18: Rights of use

The right to use the software of the company SYALEO, as well as those distributed by it, is granted to the Buyer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the Buyer has a reproduction right exclusively for the establishment of a backup copy, when it is necessary to preserve the use of the software. In any case, the author of the software retains a property right over his work, which the Buyer undertakes to respect.

Article 19: Force majeure

No one of the two parties has failed in its contractual obligations, insofar as their performance will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which can not be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances will notify the other party within ten working days of becoming aware of them. The two parties will then come together, within one month, unless impossible due to the case of force majeure, 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 has a duration of more than three months, these General Terms and Conditions may be terminated by the injured party. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the 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.

Article 20: Partial non-validation

If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

Article 21: No waiver

The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these General Terms and Conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 22 : Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 23: Applicable law

The present General Conditions are subject to French law. This is the case for both substantive and formal rules. In the event of a dispute or complaint, the Buyer will first contact the company SYALEO to obtain an amicable solution. In a second step and in case of appeal, the Buyer may file a claim with a competent court.

Article 24 : Informatique et Libertés

The information requested from the Buyer is necessary for the processing of his order and may be communicated to the contractual partners of the company SYALEO involved in the execution of this order. The Buyer may write to the company SYALEO whose contact details are within the privacy policy appearing in the context of the website, to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the Files of the Seller, under the conditions laid down by the law of 6 January 1978.