He says, "Come in, Malindo,Avenue de l'Agau, 34970 Lattes., registered on the Montpellier Register of Trade and Companies under SIRET 818 608 895 00012, as manager, duly authorized for the purposes of these. The company can be joined by email by clicking on the contact form accessible via the website home page.
Hereafter the “Seller” or the “Society”.
On the one hand, and the natural or legal person purchasing the goods or services of the company, hereinafter, “the Buyer,” or “the Customer”
On the other hand, He was exposed and agreed as follows:
The Vendeur is a publisher of products and services exclusively for consumers, marketed through its websites (https://www.malindo-tea.fr,http://www.malindo-tea.com and https://www.malindo.fr).
The list and description of the goods and services proposed by the Corporation can be found on the above-mentioned sites.
Article 1 : Purpose
These General Sales Conditions determine the rights and obligations of the parties in connection with the online sale of Produits proposed by the Seller.
Article 2: General provisions
These General Sales Conditions (GSC) apply to all sales of Products, made through the Company’s websites that are integral to the Contract between the Buyer and the Seller. The Vendor reserves the option of modifying these documents at any time by publishing a new version on its website. The applicable VGCs are then those in effect on the date of payment (or first payment in the event of multiple payments) of the order. These CGVs can be found on the Company's website at the following address: Malindo,Avenue de l'Agau, 34970 Lattes. The Corporation also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares that he has been aware of all of these General Terms of Sale, and, where appropriate, of the Special Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the supply is adequate to his needs. The Customer declares that he is able to contract legally under French laws or validly represent the natural or legal person for whom he undertakes. Unless otherwise proven, the information recorded by the Company constitutes proof of all transactions. Prices of products sold through websites are indicated in Euros all taxes included (VAT + other taxes if any) on the Products descriptive pages andon the order page of the products, and without specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated without taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are the responsibility of the buyer (declarations, payment to the competent authorities, etc.). The Vendor therefore invites the buyer to inquire about these aspects with the relevant local authorities.The Company reserves the possibility of changing its prices at any time for the future. The telecommunications fees required to access the Corporation’s websites are borne by the Customer. Where applicable, the delivery costs.
Article 3: Conclusion of the online contract
The Customer will have to follow a series of steps specific to each Product offered by the Seller in order to be able to complete its order. However, the following steps are systematic:
- Information on the essential characteristics of the product;
- Choice of the Product, if any of its options and indication of the Customer's essential data (identification, address...);
- Acceptance of these General Conditions of Sale.
- Verification of command elements and, if applicable, correction of errors.
- Follow-up to the instructions for payment, and payment of the products.
- Product delivery.
The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. It will receive a .pdf copy of these Terms of Sale. For the products delivered, this delivery will be at the address indicated by the Customer. For the purpose of the order, and in accordance with section 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements. The Seller reserves the possibility of refusing the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer shall attest to having received a detailed delivery fee and the terms of payment, delivery and performance of the contract. The Vendor undertakes to honour the Customer’s order within the limits of the stocks of Products available only. If not, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of the product offer and its prices are specified on the Company’s websites, as well as the minimum duration of the contracts proposed where they relate to a continuous or periodic supply of products or services. Except as otherwise provided, the rights granted under these provisions are only granted to the natural person signatory to the order (or the person holding the email address communicated).In accordance with the legal provisions on compliance and hidden defects, the seller refunds or exchanges the defective products or not corresponding to the order. The refund may be requested as follows: contact the Vendor by email specifying the reasons for the default, attach a photo if possible of the default in question, return of the defective product to the Vendor's charge, replacement or refund if the defect is found by the Vender, out of default caused by the return transport.
Article 5: Reservation of Property clause
The products remain the property of the Company until the price is paid.
Ownership of the property remains to the seller until the customer has paid the entire selling price.
Article 6: Delivery Terms
The products are delivered to the delivery address which was indicated during the order and the time limit indicated. This time limit does not take into account the time limit for preparing the order. In the event of a delay in delivery, the Customer has the option to resolve the contract under the conditions and conditions set out in Article L 138-2 of the Consumer Code.The Seller then proceeds to repay the product and to “go” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller makes available a telephone contact point (cost of local communication from a fixed post) indicated in the order confirmation email to ensure follow-up of the order. The Vendor recalls that at the time the Customer physically hangs possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the product delivered.
Article 7: Availability and presentation
Orders will be processed within our available stocks or subject to the available stocks at our suppliers. If an item is not available for a period of more than 7 working days, you will be immediately notified of the foreseeable delivery time and the order for that item may be cancelled upon request. The Customer may then claim a claim for the amount of the item or its rebate.
Payment is immediately payable on order, including for pre-order products. The Customer may make the payment card or bank cheque, bank transfer and Paypal payment. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).Secure online payment by bank card is made by our payment provider. The information transmitted shall be encrypted in the rules of art and shall not be read during transport on the network: it uses the SSL protocol (Secure Socket Layer). Once the payment is launched by the Customer, the transaction is immediately debited after checking the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating its banking information during the sale, the Customer authorizes the Seller to debit his card with the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error or the impossibility of debiting the card, the Sale is immediately resolved by right and the order cancelled.
Article 9: Time limit for withdrawal
In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen free days to exercise his right of withdrawal without having to justify reasons or pay penalties, except, where appropriate, for return expenses.” “The period referred to in the previous paragraph shall be effective from receipt of the goods or acceptance of the offer for service delivery.” The right of withdrawal may be exercised by contacting the Company by email or telephone. We inform the Customers that in accordance with Article L. 121-20-2 of the Consumer Code. In the event of the exercise of the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be refunded, the return costs remain to the Customer’s expense. Returns of products must be made in their original and complete state of origin (package, accessories, package leaflet...) so that they can be re-marketed in the new state; they must, if possible, be accompanied by a copy of the purchase document. In accordance with the legal provisions, you will find the standard form of withdrawal to address us at Malindo, Avenue de l’Agau, 34970 Lattes. Indicate your first name, address, date of purchase, order number, specify the product you want to return, indicate the type of refund (switch, CB, cheque) or receipt of a valid asset on the site.
In accordance with the law, the Vendor assumes two guarantees: compliance and relating to hidden vices of the products. The Seller shall reimburse the buyer or exchange the goods apparently defective or not corresponding to the order made. The claim for reimbursement shall be made as follows: contact the Vendor by email or telephone, indicating your first names, address, date of purchase, order number, defective product, type of refund (switch, CB, cheque) or receipt of a valid asset on the site.
The Seller recalls that the consumer:
- has a period of 2 years from the issuance of the property to act with the Seller
- that he may choose between the replacement and repair of the property subject to the conditions laid down in art. apparently defective or not matching
- that proof of the failure to comply with the property is exempted for the six months following the issuance of the property.
- that, except used goods, this period will be increased to 24 months from 18 March 2016
- that the consumer may also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, may choose between the resolution of the sale or a reduction in the selling price (dispositions of Article 1644 of the Civil Code).
Where applicable, the Buyer may submit any claim by contacting the company by contacting the following contact details:Malindo,Avenue de l'Agau, 34970 Lattes.
Indicate your first name, address, date of purchase, order number, specify the claim.
Article 12: Intellectual Property Rights
Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the sole property of the seller. No transfer of intellectual property rights is carried out through these CGVs. Any total or partial reproduction, modification or use of such property for any reason is strictly prohibited.
Article 13: Force majeure
The performance of the seller’s obligations at the end of these proceedings shall be suspended in the event of a fortuitous event or force majeure which would prevent the execution of the obligations. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: nullity and amendment of contract
If one of the provisions of this contract were cancelled, that nullity would not result in the nullity of the other stipulations that will remain in force between the parties. Any contractual amendment shall be valid only after a written and signed agreement of the parties.
Article 15: Protection of personal data
In accordance with the Computer and Freedoms Act of January 6, 1978, you have the rights of interrogation, access, modification, opposition and correction on personal data concerning you. By adhering to these general terms of sale, you agree that we collect and use these data for the purpose of this contract. By entering your email address on one of our network’s websites, you will receive emails containing information and promotional offers regarding products edited by the Company and its partners. You can unsubscribe at any time. You can simply click on the link at the end of our emails or contact the processing officer (the Company) by letter RAR. We are monitoring the attendance on all of our sites. For this we use tools such as Google Analytics.
Article 16 Applicable law
All clauses contained in these general terms of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.