|Terms and Conditions|
Terms & conditions - Mantagua
ARTICLE 1 - DEFINITIONS
"BREIZELEC" : designates the company BREIZELEC, SAS with a capital of 300,000 euros, RCS QUIMPER RC 79 B139 - ZA de Penn ar Roz - 29150 CHATEAULIN - FRANCE, Tel. : +33 221 580 555, Fax: +33 298 863 408, email : firstname.lastname@example.org, editor of the site www.mantagua.fr.
"Mantagua.fr" : designates the website located at the address "https://www.mantagua.fr" and published by BREIZELEC, on which the BREIZELEC Products are marketed under the MANTAGUA brand.
"Customer" : means any natural or legal person wishing to acquire all or part of the Products marketed by BREIZELEC.
"Products" : designates the products marketed by BREIZELEC under the MANTAGUA brand and likely to be the subject of an order by the Customers.
ARTICLE 2 - PURPOSE
These general conditions of sale govern all orders, sales and deliveries of Products, regardless of the type of order, in particular by Internet, by telephone or by any other means. Any order implies full and unreserved acceptance of these general conditions of sale by the Customer. The Customer undertakes to read these general conditions before placing an order.
The Customer has the possibility of placing his order on the Internet (www.mantagua.fr), by telephone, by post, by fax or by electronic mail. Any order placed in the name or on behalf of the Customer is deemed to be made by himself or a person duly authorized for this purpose. In case of online payment, the order will be considered effective when the bank payment centers concerned have given their agreement. In the event of refusal by said centers, the order will be automatically canceled and the Customer notified by email, it being specified that he will not be able to claim any compensation of any kind. The customer will have the possibility with an additional cost to also receive the product by mail in accordance with the stipulations of article 8 of these general conditions of sale. BREIZELEC reserves the right to refuse or cancel any order from a Customer with whom there is a dispute over payment of a previous order, without the latter being able to claim any compensation.
ARTICLE 4 - PRICE
The prices of the Products are indicated in euros all taxes included, excluding participation in processing and shipping costs. All orders regardless of their origin or place of delivery are payable in euros. The current prices can be consulted in particular on www.mantagua.fr and in the MANTAGUA catalogs.
Delivery costs are borne by the Customer.
The total price of the order to be paid by the Customer (hereinafter "the Price") includes the price of the Products ordered, any taxes and delivery costs.
BREIZELEC reserves the right to modify the prices of the Products at any time. The Products ordered will be invoiced on the basis of the prices in force at the time of reception by BREIZELEC of the Customer's order.
The data recorded by BREIZELEC on the occasion of orders, sales and deliveries constitute proof of all the transactions made between BREIZELEC and the Customers. BREIZELEC reserves the right to market the Products through third-party distributors.
The Customer receives his invoice at the same time as the Products ordered. No duplicate invoice will be issued later.
ARTICLE 6 - PAYMENT
The Price is payable in cash, net and without discount, and payable from the reception by BREIZELEC of the placing of the Customer's order. The Products remain the property of BREIZELEC until full payment of the Price and will only be delivered to the Customer after effective and total receipt of the Price by BREIZELEC. Payment of the Price is made according to the payment method chosen when ordering: check, transfer, bank card or cash on delivery.
Payment by check
In case of payment by bank or postal check, it must be issued by a bank domiciled in mainland France or Monaco. The cashing of the check is made upon receipt of the check. The check must be made payable to BREIZELEC and sent to BREIZELEC : ZA de Penn ar Roz - 29150 CHATEAULIN - FRANCE
The transfer must be sent to :
BANQUE POPULAIRE GRAND OUEST, 50 rue du Président Sadate - 29000 QUIMPER
IBAN : FR76 1380 7006 4444 0216 0337 815
CODE SWIFT (BIC) : CCBPFRPPNAN
Payment by credit card The bank card used must be a Visa, MasterCard or other Carte Bleue bearing the initials CB. The card is debited immediately. Any delay in payment within the above-mentioned periods will automatically entail the application of a penalty corresponding to three times the rate of legal interest in force on that date, without a reminder being necessary, from the first late payment day.
In the event of unavailability of all or part of the Products ordered persisting beyond a period of sixty (60) days from payment of the sums paid by the Customer, reimbursement will be made by check no later than fifteen (15) days following the expiration of this period. The Customer accepts that in the event of unavailability of all or part of the Products ordered, he may not claim any refund before the expiration of the period of sixty (60) days following payment. No compensation will be due by BREIZELEC, for any reason whatsoever, in the event of unavailability, the only possibility being that of reimbursement of the price actually paid.
ARTICLE 8 - DELIVERY
The Products ordered are delivered to the delivery address indicated by the Customer during the ordering process. Delivery times are given for information only and correspond to the usual average processing, dispatch and delivery times for Products destined for mainland France. For deliveries outside mainland France, an estimate will be established. The delivery times indicated run from the effective and total receipt of the Price by BREIZELEC. BREIZELEC cannot in any case be held responsible for a delay in delivery and the consequences of such delay, whatever the cause, in particular in the event of force majeure such as a strike by the postal services or other carriers . It is the Customer's responsibility to take all necessary measures to take into account possible delivery delays or delays.
In accordance with legal provisions, the Customer can only benefit from a right of withdrawal of seven (7) days if they strictly fulfill the following cumulative conditions :
- the Customer must be a consumer (natural person contracting for the needs of his private life) and not a professional; by consumer, we mean a natural person who orders a Product for the needs of his private or personal life, it being specified that are not considered as consumers, in particular, a legal person or a person who orders a Product to meet professional needs.
- the Product must not be unsealed or opened by the Customer, its packaging must be intact. If these conditions are met, the Customer may obtain reimbursement of the price paid for the Product only, excluding delivery costs and other costs which remain payable by him, provided that the und unsealed Product is returned at his expense. its original packaging and intact to BREIZELEC within seven (7) days of delivery. Products returned damaged, deteriorated, soiled or damaged will not be returned, refunded or exchanged. If the Customer is professional, he will in no case benefit from a right of withdrawal.
BREIZELEC undertakes to repair, replace or exchange any defective Product or one that does not correspond to the Product ordered, provided that the Customer has returned at its expense and recommended it with acknowledgment of receipt the defective or non-conforming Product within fifteen (15) days from the date of delivery to : BREIZELEC - ZA de Penn ar Roz - 29150 CHATEAULIN - FRANCE
As far as possible, the Products so returned must be unsealed, intact and in their original packaging. In case of unavailability of the replacement or exchange Product, BREIZELEC will reimburse the price paid by the Customer, it being specified that only the price excluding taxes and fees of the Product will be refunded, the delivery costs and any taxes remaining at the responsibility of the Client.
The guarantee provided for in this article does not apply in the event of normal wear and tear of the Product, deterioration or accident caused by the Customer, in particular resulting from a lack of maintenance or precautions for use, such as breakage, breakage , humidity, inadequate temperature, oxidation, liquid infiltration. Failing to comply with the conditions of this article, the Customer is considered to have waived any claim, indemnity, replacement or refund in the event of non-compliance or defect and no claim will be accepted.
For any information or question, BREIZELEC customer service is available to Customers from Monday to Friday during normal office opening hours (8 am-12pm and 1:30 pm-5pm) : Tel. : +33 221 580 555, Fax : +33 298 863 408.
ARTICLE 12 - INTELLECTUAL PROPERTY
MANTAGUA Products are designed, developed and manufactured by BREIZELEC and are therefore the property of BREIZELEC. The design, shapes and designs of the products are the property of BREIZELEC. The mantagua.fr website is the property of BREIZELEC in its entirety, as well as all of the rights relating thereto. Any reproduction, in whole or in part, is systematically subject to the express authorization of BREIZELEC.
ARTICLE 13 - LIABILITY
BREIZELEC does not guarantee that the Products supplied are suitable for meeting the Customer's needs. It is up to the Customer to carefully and precisely assess their needs, to assess their suitability for the Products ordered, to ensure that they have the specific competence for the use of the Products. The Customer is solely responsible for the use he makes of the Products and in no case shall the responsibility of BREIZELC be sought in any capacity whatsoever for or due to the consequences of this use. The Customer agrees to use the Products purchased in accordance with the laws and regulations in force. In all cases, the damages which could be charged to BREIZELEC in the event of the liability being brought into play may not exceed the price actually paid by the Customer for the purchase of the Product concerned.
The Customer expressly authorizes BREIZELEC to regularly inform him about the goods and services marketed by BREIZELEC, and to use the personal information communicated by the Customer during orders, for the purpose of presenting BREIZELEC commercial offers, goods and services. The Customer expressly authorizes BREIZELEC to communicate this information to partners in the context of commercial operations. In accordance with law n ° 78-17 of January 6, 1978, the Customer has a right of access, rectification and opposition to personal information concerning him. This right can be exercised in writing with BREIZELEC - ZA de Penn ar Roz - 29150 CHATEAULIN - FRANCE
ARTICLE 15 - APPLICABLE LAW AND DISPUTES
THESE GENERAL CONDITIONS ARE SUBJECT TO FRENCH LAW. IN CASE OF LITIGATION, EXPRESS JURISDICTION IS ATTRIBUTED TO THE QUIMPER COMMERCIAL COURT.