Terms of Sales
Last updated on 10/10/2023
ARTICLE 1 – SCOPE OF APPLICATION
These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the seller to non-professional buyers (“The customer), wishing to acquire the products offered for sale (“The products”) by the seller on the maxforme.fr website. The products offered for sale on the site are as follows:
- clothing and fashion accessories.
The main characteristics of the products and in particular the specifications, illustrations and indications of sizes or colors of the products are presented on the site, which the customer is required to read before ordering.
The choice and purchase of a product are the sole responsibility of the customer.
Product offers are within the limits of available stocks, as specified when placing the order.
These General Terms and Conditions are accessible at any time on the maxforme.fr website and will take precedence over any other document.
The customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the maxforme.fr site.
Unless proven otherwise, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.
The seller's contact details are as follows:
Email: maxformeshop@gmail.com
The products presented on the site are offered for sale for the following territories:
- France
- Europe
In the event of an order to another country, the customer is the importer of the product(s) concerned.
For all products shipped outside the European Union and Overseas Territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the customer.
ARTICLE 2 - PRICE
The products are supplied at the current prices appearing on the site, when the order is registered by the seller.
Prices are expressed in Euros and only incl. VAT, the micro-enterprise Cotons de Romane being exempt from VAT.
The prices take into account any reductions that may be granted by the seller on the maxforme.fr site.
These prices are firm and cannot be revised during their period of validity but the seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the site and calculated before placing the order.
The payment requested from the customer corresponds to the total amount of the purchase, including these costs.
An invoice is created and sent to the customer by email when the order is placed.
ARTICLE 3 – ORDERS
It is up to the customer to select the products he wishes to order on the site, according to the following methods:
- Product offers are valid as long as they are visible on the site, while stocks last.
- The sale will only be considered valid after full payment of the price. It is the customer's responsibility to verify the accuracy of the order and to immediately report any errors.
- Any order placed on the site constitutes the formation of a contract concluded remotely between the customer and the seller.
- The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
- The customer will be able to follow the progress of their order on the site.
ARTICLE 3 BIS – CUSTOMER AREA – ACCOUNT
In order to place an order, the customer is invited to create an account (personal space).
To do this, he must register by completing the form which will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his email address.
The customer is responsible for updating the information provided. He is informed that he can modify them by logging into his account.
To access their personal space and order history, the customer must identify themselves using their username and password which will be communicated to them after registration and which are strictly personal. As such, the client refrains from any disclosure. Otherwise, he will remain solely responsible for the use made of it.
The customer may also request unsubscription by sending an e-mail to: maxformeshop@gmail.com . This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the maxforme.fr site will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remaining without effect.
Any deletion of an account, whatever the reason, results in the pure and simple deletion of all personal information of the customer.
Any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the seller's liability.
Creating an account entails acceptance of these general conditions of sale.
ARTICLE 4 – PAYMENT TERMS
The price is paid by secure payment method, according to the following terms:
- payment by credit card
- payment by Paypal
The price is payable in cash by the customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site.
Payments made by the customer will only be considered final after actual collection by the seller of the sums due.
The seller will not be required to deliver the products ordered by the customer if the customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 – DELIVERIES
The products ordered by the customer will be delivered in mainland France and throughout the world.
Deliveries take place within a maximum time of:
- 10 days to Europe
- 20 days for the rest of the world.
Delivery consists of the transfer to the customer of physical possession.
Except in special cases or unavailability of one or more products, these will be delivered in one go.
The seller undertakes to make his best efforts to deliver the products ordered by the customer within the deadlines specified above.
If the products ordered have not been delivered within 1 month after the indicative delivery date, for any reason other than force majeure or the customer's act, the sale may be canceled at the customer's written request within conditions provided for in articles L216-2, L216-3 and L241-4 of the Consumer Code. The sums paid by the customer will then be returned to him at the latest within 14 days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are ensured by an independent carrier, to the address mentioned by the customer when ordering and to which the carrier can easily access.
When the customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the products ordered by the seller or carrier who accepted them without reservation. The customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the seller in the event of failure to deliver the goods transported.
In the event of a specific request from the customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.
The customer is required to check the condition of the delivered products. He has a period of 14 days from delivery to make complaints by e-mail, accompanied by all relevant supporting documents (photos in particular). After this period and failing to have complied with these formalities, the products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the seller.
The seller will reimburse or replace as soon as possible and at its expense, the products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the customer, under the conditions provided for in these General Terms and Conditions.
The transfer of the risks of loss and deterioration relating thereto will only be carried out when the customer takes physical possession of the products. The products therefore travel at the seller's risk except when the customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 – TRANSFER OF PROPERTY
The transfer of ownership of the products from the seller to the customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good. »
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the seller using the postal or email address indicated in article 1 of the General Terms and Conditions.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be returned.
Return costs remaining the responsibility of the customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt, by the seller, of the products returned by the customer under the conditions provided for in this article.
ARTICLE 8 – RESPONSIBILITY OF THE SELLER – GUARANTEES
The products supplied by the seller benefit from:
- the legal guarantee of conformity, for defective, damaged or damaged products or products that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.
Provision relating to legal guarantees:
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable;
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer, or by his representative, in particular in advertising or labeling
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Article 1641 of the Civil Code
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code
"When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »
In order to assert his rights, the customer must inform the seller, by e-mail, of the non-conformity of the products or the existence of hidden defects as soon as they are discovered.
The seller will reimburse, replace or repair products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of products deemed non-compliant or defective will be made as soon as possible and at the latest within 7 days following the seller's discovery of the lack of conformity or hidden defect. This reimbursement will be made by bank transfer.
The seller cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the customer to verify,
- in the event of misuse, negligence or lack of maintenance on the part of the customer, such as in the event of normal wear and tear of the product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and cannot engage the seller's liability.
The seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective products.
ARTICLE 9 – PERSONAL DATA
The customer is informed that the collection of his personal data is necessary for the sale of the products and their issue/delivery, entrusted to the seller. These personal data are collected solely for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the site are as follows:
- Account opening
When creating the customer account: first and last names, postal address, telephone number and email address.
- Payment
As part of the payment for products offered on the site, it records financial data relating to the customer's bank account or credit card.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the seller and its employees.
9.3 Data controller
The data controller is the seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The seller will keep the data thus collected for a period of 5 years, covering the limitation period for applicable contractual civil liability.
9.6 Security and confidentiality
The seller 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 seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of customer and user rights
In accordance with the regulations applicable to personal data, customers and users of the site have the following rights:
- They can update or delete data that concerns them
- They can delete their account
- They can exercise their right of access to know the personal data concerning them
- If the personal data held by the seller is inaccurate, they may request the information to be updated
- They may request the deletion of their personal data, in accordance with applicable data protection laws
- Finally, they can object to the processing of their data by the seller.
These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by e-mail to: maxformeshop@gmail.com .
The data controller must provide a response within a maximum of one month.
In the event of refusal to grant the customer's request, the latter must provide reasons.
The customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.
The customer may be asked to check a box under which he agrees to receive informative and advertising emails from the seller. He will always have the possibility to withdraw his agreement at any time by contacting the seller by e-mail.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the maxforme.fr site is the property of the seller and these partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
ARTICLE 11 – APPLICABLE LAW – LANGUAGE
These General Terms and Conditions and the operations resulting from them are governed and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 12 – DISPUTES
For any complaints, please contact customer service by e-mail at: maxformeshop@gmail.com .
The customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In this case, the designated mediator can be contacted at the following address:
- https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&Ing=FR
All disputes relating to purchase and sale transactions concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.
ANNEX 1
Withdrawal form
Date : .../.../…...
This form must be completed and returned only if the customer wishes to withdraw from the order placed on maxforme.fr unless exclusions or limits to the exercise of the right of withdrawal follow the applicable General Conditions of Sale.
To the attention of :
Max for me
Email: maxformeshop@gmail.com
I hereby notify the withdrawal of the contract relating to the property below:
- Order from (indicate date): .../.../……
- Order number: ………………………
- Client name : ………………………………….
- Customer address: ………………………………..
Signature of the customer (only if this form is notified on paper)
