Term of sale
Offers from the e-shop are made by MIDI. The electronic catalogue provides the following information:
Identification of the Company
490 RUE PARADIS
N°SIRET : 878 147 305 000 14
Tel: +33 6 13 67 04 23
E mail: firstname.lastname@example.org
Description of the main characteristics of the proposed products
Mention of the total price of the proposed products in Euros, inclusive of tax for countries of the EU, and exclusive of tax for other countries. These prices do not include shipping costs.
Information regarding the arrangements for payment, delivery or performance.
Existence of a right of withdrawal.
The period for which the offer and the price remain valid.
All information displayed on the www.editions-midi.com is presented in French. The customer may nonetheless opt for a presentation of the e-shop and the catalogue in English.
The customer acknowledges, before placing the order, that he has read all the information aforementioned and the General Terms of Sale.
The customer also declares that the purchase of said product is not in direct connection with his professional activity, such purchase being reserved for his personal use only.
Being a consumer, the customer has specific rights which shall be questioned if the products purchased through the e-shop were actually purchased for his professional activity. Moreover, the customer declares that he has the legal capacity to enter into this Agreement.
1 – PURPOSE
The purpose of these General Terms of Sale is to define the rights and obligations of the parties in the context of on-line selling of products proposed in this e-shop by MIDI.
2 – AREA OF THE OFFER
The geographical area covered by the offer made by the e-shop of MIDI is the following:
- Outside Europe : South Africa, Andorra, Saudi Arabia, Argentina, Australia, Bahamas, Cameroon, Canada, China, South Korea, Ivory Coast, Egypt, United Arab Emirates, U.S.A., Guadeloupe, French Guyana, Hong Kong, Hungary, Indonesia, Island, Israel, Japan, Jordan, Kuwait, Lebanon, Liechtenstein, Morocco, Martinique, Mexico, Norway, New Caledonia, New Zealand, Poland, Czech Republic, Reunion, Russia, Saint Barthélémy, Saint Martin, Senegal, Singapore, Slovakia, Switzerland, Tahiti, Taiwan, Thailand, Turkey, Venezuela
3 – CONTRACTUAL DOCUMENTS
This Agreement is made up of the following documents, in decreasing hierarchical legal value:
- These General Terms of Sale
- The order form
- The photographs of the products on the Site are not contractual. MIDI shall not be liable in case of errors or alterations resulting from the processing of these photographs.
4 – ORDER TAKING
Any order form signed by the customer by an “approval click” shall constitute an irrevocable commitment which can only be challenged in the cases restrictively listed in this Agreement in Section 16 “Right of withdrawal” and Section 11 “Fulfilment of the order”.
5 – CONFIRMATION OF THE ORDER
The contract shall only be effective upon MIDI confirmation of the order.
The customer will receive an acknowledgement of receipt by fax, mail or e-mail to confirm the order including all elements (such as list of ordered products, price, date of delivery, shipping costs…)
MIDI reserves its right not to confirm the order for any reason whatsoever, in particular, for any problem of product procurement or any problem concerning the received order.
6 – TERM OF THE OFFER
The offers proposed on the Site shall be valid as long as the products related thereto are online and while stocks last.
7 – PRICE -INVOCE
Prices are indicated in Euros.
For a delivery inside the EU, the prices include the VAT applicable at the date of the order. Prices are inclusive of VAT. Neither customs duties nor VAT shall be due for a delivery inside the EU. Any variation of the VAT applicable rate may affect the sale price of the products of the catalogue.
In the event of delivery outside the EU, the customer will have to pay customs duties or VAT or any other taxes due to the import of products in the country of delivery. The customer is also solely responsible for the formalities related thereto unless otherwise specified. The customer is solely responsible for checking whether the products ordered can be imported under domestic law in the country of delivery.
The invoice will be issued by MIDI. The customer shall indicate the address to which the invoice is to be sent.
The price is payable upon placement of the order. The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent. The customer shall pay for his order: – by credit card as proposed on the Site. When approving the order form, the customer warrants MIDI that he has all authority needed to use such a method of payment by credit card – by cheque payable to MLDI. Failing receipt of the cheque ten (10) days from the confirmation of the order by MIDI or in case of rejection by the bank, MIDI is entitled to cancel the order.
8 – PAYMENT
The price is payable upon placement of the order.
The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent.
The customer shall pay for his order
By credit card or Paybal as proposed on the Site.
When approving the order form, the customer warrants MIDI that he has all authority needed to use such a method of payment by credit card.
9 – NON-PAYMENT _ RENTENTION OF TITLE
Title to the ordered products shall pass to MIDI upon full and definitive payment pursuant to the Act dated May 12, 1980. MIDI reserves its right to claim the return of the ordered products in case of non-payment.
Under those circumstances, and upon MIDI request, the customer shall return any product for which the payment has not occurred. The customer shall pay for any costs in connection therewith.
10 – TRANSFER OF RISKS
Risks of loss shall pass to the customer upon delivery of the product to the carrier by MIDI. Products transportation is at the customer’s own risk, even if they are shipped or returned carriage free.
During the withdrawal period mentioned hereunder in Section 16, the customer, as custodian, shall be liable for the product. If the product is damaged or destroyed during the customer’s custody, this latter will bear all the consequences thereof.
11 – FULFILMENT OF THE ORDER
The order will be fulfilled within the period indicated on the Site and confirmed by MIDI at the time of the confirmation of the order. In any case, the order will be fulfilled within 30 days following the confirmation of the order at the latest, subject to the limit of available stock and unless otherwise agreed.
If the product ordered is not available or is out of stock, MIDI undertakes to inform the customer as soon as possible and to indicate a replenishment time.
The customer may, at its option, wait for the availability of the product or obtain a refund and shall inform MIDI by e-mail.
12 – DELIVERY
The area of delivery corresponds to the geographical area covered by the offer.
Products are delivered to the address indicated by the customer in the order form.
Delivery shall be deemed to have been made when the products are delivered to the carrier.
The delivery note given by the carrier, dated and signed by the customer upon delivery will constitute evidence with regard to transport and delivery.
The customer shall check the content, the conformity and the condition of the product(s) on delivery thereof.
In the event of delays, damages, total or partial losses, or any problem whatsoever, the customer shall be responsible for exercising all claims against the carrier. MIDI shall never be held liable for any reason whatsoever.
Therefore, MIDI advises the customer to check the condition of the products upon delivery and before signing the acknowledgement of receipt of the parcel.
If the customer notes any damage, he shall reject the products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the products. A copy should be sent to MIDI.
If you have not received your parcel, the carrier might require a copy of your ID and a signed statement.
13 – FORCE MAJEURE
It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the case law in France:
Total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially internet.
Should a case of force majeure occur, the fulfilment of the order will in a first step be suspended.
If after a three (3) month period, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
14 – COLLECTION OF THE GOODSIN THE EVENT OF THE CUSTOMER’S ABSENCE
In the event of the customer’s absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address given by the customer. The products shall be collected at the address indicated by the carrier and according to the carrier’s instructions.
If after the period indicated by the carrier, the customer has not collected the products, the products will be returned to MIDI which reserves its right to refund the customer the price of the products, the postage costs remaining payable by the customer.
15 – CLAIMS
Claims related to the non-conformity of the delivered product(s) with the order shall be made in writing directly to MIDI and immediately upon receipt of said product(s). The customer must keep the packaging and the delivery note.
In case of an error, the customers undertake to return said product within seven (7) days from its receipt provided that the product is returned to MIDI, without opening the packaging, in its original condition and packaging, together with all the associated documents.
Once MIDI has received the product in due form, it will, at its expenses, send the product initially ordered by the customer.
16 – RETURN POLICY
16.1 – 14 Day Money Back Guarantee
Under the Consumer Protection (Distance Selling) Regulations 2000, you have the legal right to return your order within fourteen (14) working days of receipt of the goods.
In order to process a return, we will need you to contact our customer service by phone or email, quoting your order number. Any goods returned must be returned in its original packaging, in the condition in which you received them, shall neither have been used, nor have suffered any damage.
The goods should be returned to the following address:
- 490 RUE PARADIS
- 13008 MARSEILLE
You can organize the return yourself at your own expense to the address above. Please dispatch all goods by traceable post, including the reason for exchange or refund. MIDI will not be responsible for any returned goods lost in transit.
You will be refunded within (30) days from the order is received in our warehouse. Refunds are generally made by bank transfer so we may need your bank details.
Please note that any order returned to our London address will not be accepted.
16.2 – Return of damaged / faulty products
We remind you that if you receive a product damaged in transit and if you have recorded this damage on the delivery sheet – all return charges will be at MIDI expense. If you receive a faulty product, return charges will be borne by MIDI as well.
17 – WARRANTY
In order to avoid any trouble, products are verified by MIDI before their shipment. However, the customer shall be entitled, for all defective products, to a three (3) months contractual warranty as from the date of delivery, subject to compliance with the recommendations set forth in the user documentation and the directions for use enclosed with the products.
In any case the statutory warranty against hidden defects provided for under the French Civil Code (Section 1641 et seq.) shall be enforceable.
The customer is entitled to an extended warranty for certain products. In that case, conditions and term of the warranty are defined in the warranty certificate delivered with the product. The said warranty does not cover damages or dysfunctions due to non-compliance with directions for use of the product.
To implement the warranty, the customer shall return the product at their expenses to MIDI, with the original invoice.
MIDI undertakes to return an identical product at its expenses, except in case of stock out or a withdrawal of the concerned product from the range proposed by MIDI. In this latter case, MIDI will refund the customer.
18 – PERSONAL INFORMATION
The confidentiality of your personal information is very important to us because, in order to have full confidence in us, we must be transparent regarding our use of your data.
We comply with the French Data Protection Act of 6 January 1978 as amended and the direct application of the General Data Protection Regulation of the European Union, which came into force on 24 May 2018 and has been applicable since 25 May 2018.
18.1 – Details of the Processing Manager
The Processing Manager of this website is MIDI SAS, located at 490 rue paradis, 32 rue Marseille , 13008 Marseille, France, listed with the Register of Companies of Marseille under the number 424.474. 609, and whose chairman is Mr Jérémie du Chaffaut.
18.2 – Contacting the Personal Data Protection Service
You may access and edit your personal data at any time in the “My Account” section of the MIDI website.
For any specific request concerning your personal data, you can contact us at your convenience by:
- Email : email@example.com
- Letter to the following address:
- 490 rue paradis
- F-13008 MARSEILLE
Don’t forget to attach some proof of identity to your requests to exercise your statutory rights (access, correction, oversight, etc.)
18.3 – Personal data collected legitimately or legally within the context of the service offered by MIDI
The “service offered” by MIDI consists of a commercial website (“e-commerce”) dedicated to the sale of its furniture and objects.
As soon as you open a customer account at MIDI, we will legitimately collect the following mandatory information for the purpose of delivering the service offered
- Title (Mr, Mrs)
- Last name
- First name
- Post code
- Phone number (only for tracking deliveries)
- Your email (to identify you and track orders and deliveries)
- The password you have chosen to access the service
We will store this data until you decide to close your customer account.
However, should you wish to delete your account once you have placed an order with MIDI, we are still required to keep your information for a period that can vary from 2 to 10 years depending on the amount of the invoice or the associated guarantees (Articles L-213-1, L-218-2 of the French Consumer Code and L-110-4 of the French Commercial Code).
18.4 – Personal data collected with your consent
In accordance with applicable law, we would like to remind you, in advance, that you can withdraw your consent at a time.
18.4.1 – Newsletters
Within the context of MIDI newsletters, we obtain your free, informed, unambiguous and specific consent to store your email address.
This email is stored for the sole purpose of sending MIDI newsletters.
You can, at any time, unsubscribe from the MIDI newsletters using the relevant link at the bottom of the newsletter, or in your customer account if applicable.
18.4.2 – Contact form
Within the context of MIDI, we obtain your free, informed, unambiguous and specific consent to store your email address.
This email is stored for the sole purpose of contacting you.
The retention period of this email will depend on the needs of the relationship.
Once there is no more need to maintain relations, we are committed to removing it from our contact form databases.
19 – ELECTRIC SIGNATURE
The “approval click” constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature.
20 – EVIDENCE
Computer-based registers, recorded in the computer system of MIDI in reasonable conditions of security shall be deemed to be evidence of communications, orders and payments that have occurred between the parties. Order forms and invoices are stored on a reliable and permanent medium so as to constitute a mean of evidence.