TERMS AND CONDITION
TERMS AND CONDITION OF USE
Article 1: object
The present „general conditions of use“ aim at the legal framework of the use of the site LaMixette.com and its services.
This contract is concluded between:
The manager of the website, hereinafter referred to as „the Publisher“,
Any natural or legal person wishing to access the site and its services, hereinafter referred to as „the User“.
The general conditions of use must be accepted by any User, and his access to the site constitutes acceptance of these conditions.
Article 2: Legal notice
LaMixette.com website is edited by Mr Vincent Rubin, working under the name of NØW, a sole proprietorship registered in the Trade and Companies Register of Romans (France) under number 433448248, whose head office is located (Atelier Fer) Rue Ferdinand Fert, ZA Les Laurons, 26110 Nyons (France).
Article 3: Access to services
LaMixette Site User has access to the following services:
• Online sales of products via Paypal
• Localization of points of sale via GoogleMaps
• Contact form
• Newsletter subscription via MailChimp
Any user having access to the internet can access free of charge from anywhere on the site. The costs incurred by the User to access them (internet connection, computer equipment, etc.) are not the responsibility of the Publisher.
The site and its various services may be interrupted or suspended by the Publisher, in particular during a maintenance, without obligation of notice or justification.
Article 4: Liability of the User
The User is responsible for the risks related to the use of the personal data he communicates.
The User assumes full responsibility for the use he makes of the information and content found on the LaMixette.com website.
Any use of the service by the User directly or indirectly resulting in damages must be compensated for the benefit of the site.
Article 5: Responsibility of the Publisher
Any malfunction of the server or the network can not engage the responsibility of the Publisher.
In the same way, the responsibility of the site can not be committed in case of force majeure or the unpredictable and insurmountable fact of a third.
LaMixette.com website is committed to implementing all the necessary means to guarantee the security and confidentiality of the data. However, it does not provide a guarantee of total security.
The Publisher reserves the right to not guarantee the reliability of the sources, even though the information published on the site is deemed reliable.
Article 6: Intellectual Property
The contents of the LaMixette.com website (logos, texts, graphic elements, videos, etc.) are protected by copyright under the Intellectual Property Code.
The User must obtain the permission of the publisher of the site before any reproduction, copy or publication of these various contents.
These can be used by users for private purposes; any commercial use is prohibited.
The User is entirely responsible for any content he uploads and he undertakes not to infringe on a third party.
Article 7: Personal Data
LaMixette.com uses the services of Google Analytics for statistical purposes to improve its commercial service. Google Analytics uses the Cookies system to perform these tasks. The User can inquire and intervene on the management of this technology at this link.
LaMixette.com also uses the services of MailChimp to organize its newsletters and inform the registered User of its new commercial features. The User can inquire and intervene on the management of this technology at this link.
LaMixette.com uses the services of Paypal to carry out the commercial transaction with the User. The User can inquire and intervene on the management of this technology at this link.
The e-mail address of the User may in particular be used by the LaMixette.com site for the communication of various information relating to the commercial transaction with the User.
LaMixette.com guarantees the respect of the private life of the user, in accordance with the French law No. 78-17 of January 6th, 1978 relating to data processing, files and freedoms.
Under Articles 39 and 40 of the French law dated January 6, 1978, the User has a right to access, rectify, delete and oppose his personal data. The User exercises this right (a) by e-mail to vincenrubin[at]gmail[dot]com; (b) by post at NØW (Atelier Fer) Rue Ferdinand Fert, ZA Les Laurons, 26110 Nyons (France).
Article 8: Hypertext links
The domains to which the hypertext links present on the site lead do not engage the responsibility of the Editor of LaMixette.com, which does not have control over these links.
It is possible for a third party to create a link to a page on the LaMixette.com website without the express permission of the publisher.
Article 9: Evolution of the general conditions of use
Article 10: Contract length
The duration of this contract is indefinite. The contract has effect with respect to the User from the beginning of the use of the service.
Article 11: Governing Law and Jurisdiction
This contract is subject to French law. In case of unresolved dispute between the User and the Publisher, the courts of Valence (France) are competent to settle the dispute.
TERMS OF SALES
These terms and conditions of sale are concluded on the one hand by the company NØW whose registered office is located at (Atelier Fer) Rue Ferdinand Fert, ZA Les Laurons, 26110 Nyons (France), registered in the Trade and Companies Register of Romans (France) as a sole proprietorship under the number 433448248 hereinafter called NØW and managing the site LaMixette.com and, on the other hand, by any natural or legal person wishing to make a purchase via the LaMixette.com website hereinafter referred to as „the Buyer“.
Article 1: Object
These terms of sale are intended to define the contractual relationship between NØW and the Buyer and the conditions applicable to any purchase made through the LaMixette.com website. The acquisition of a product through this site implies an unconditional acceptance by the Buyer of these conditions of sale which the Buyer acknowledges having read prior to his order. Before any transaction, the Buyer declares on the one hand that the purchase of products on the site LaMixette.com is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have the full legal capacity , allowing him to engage under these terms and conditions of sale.
The company NØW retains the possibility of modifying at any time these conditions of sale, in order to respect any new regulation or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the Buyer.
Article 2: Products
The products offered are those listed on the website LaMixette.com, within the limits of available stocks. NØW reserves the right to modify the product assortment at any time. Each product is presented on the website as a description of its main technical characteristics. The photographs are as faithful as possible but do not engage the Seller. The sale of the products presented on the LaMixette.com website is intended for all resident buyers in countries that fully authorize the entry into their territory of these products.
Article 3: Prices
The prices listed on the product sheets of the Internet catalog and are prices in Euros (€). NØW reserves the right to change prices at any time, provided however that the price listed in the catalog on the day of the order will be the only applicable to the Buyer. The prices quoted do not include the delivery costs, invoiced in addition to the price of the products bought according to the total amount of the order.
Article 4: Order and payment methods secured by Paypal or bank card via the PAYPAL system
The Buyer selects the products he wishes to order in the „Shopping Cart“, modifies if necessary (quantities, references…), checks the delivery address or informs a new one. Then, the shipping costs are calculated and submitted to the Buyer, as well as the name of the carrier. Then, the Buyer is invited to „Payment by Paypal“. The next step offers him to check all the information, read and accept the present general conditions of sale by ticking the corresponding box, then invite him to validate his order by clicking on the „Order“ button. Finally, the Buyer is redirected to the secure Paypal interface in order to securely inform his Paypal account credentials or personal bank card. If payment is accepted, the order is registered and the contract definitively formed. Payment by Paypal account or by credit card is irrevocable. In case of fraudulent use of this one, the Buyer may demand the cancellation of the payment by card, the sums paid will then be credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven fraudulently done, remotely, without physical use of his card. In order to obtain a refund of the fraudulent debit and any bank charges that the transaction may have incurred, the cardholder must challenge, in writing, the withdrawal from his bank, within 70 days of the transaction, or 120 days if the contract linking it to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum of one month after receipt of the written dispute formed by the holder. No expenses of restitution of the sums can not be charged to the holder.
The confirmation of an order implies acceptance of these conditions of sale, the acknowledgment of having perfect knowledge and the waiver of its own terms of purchase. All data provided and the recorded confirmation will be worth proof of the transaction.
If the Buyer has an e-mail address and if he has entered it on his order form, the company NØW will communicate to him by e-mail the confirmation of the registration of his order.
If the Buyer wishes to contact the company NØW, it can do so either by mail to the following address: NØW (Iron Workshop) Ferdinand Fert Street, ZA Les Laurons, 26110 Nyons (France); either by email at the following address: vincenrubin[at]gmail[dot]com, or by phone at +336 8214 0758.
Article 5: Retention of title
NØW Company retains full ownership of the products sold until full payment of the price, including principal, fees and taxes.
Article 6: Retraction
Under Article L121-20 of the Consumer Code, the Purchaser has a period of fourteen working days from the delivery of their order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the cost of return.
Article 7: Delivery
Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are made by La Poste Courrier Suivi (delivery service with tracking), delivery without signature. Delivery times are only indicative; if they exceed thirty days from the order, the contract of sale may be terminated and the Buyer refunded. The company NØW will be able to provide by e-mail to the Buyer the tracking number of his parcel. The Buyer is delivered to his home by his postman. The transport risks are the responsibility of the purchaser from the moment the articles leave the premises of the company NØW. The Buyer is obliged to verify in the presence of the La Poste employee or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
Article 8: Warranty
: All the products supplied by the NØW company benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of nonconformity of a sold product, it can be returned to the company NØW who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address: NØW (Atelier Fer) Rue Ferdinand Fert, ZA Les Laurons, 26110 Nyons (France), within thirty days after delivery.
Article 9: Responsibility
The company NØW, in the process of distance selling, is held only by an obligation of means. It can not be held responsible for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break of the service, or other involuntary problems.
Article 10: Intellectual property
All the elements of the LaMixette.com site are and remain the exclusive intellectual property of Mr. Vincent Rubin, who individually practices under the name NØW. Nobody is allowed to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11: Personal data
NØW undertakes to use the information provided by the Buyer only in connection with the commercial transaction of his order and not to transmit it to a third party outside this framework. All information concerning him is subject to the provisions of the French law No. 78-17 of 6 January 1978. As such, the user has a right to access, modify and delete information about him. He may make the request at any time by mail to the following address: NØW (Atelier Fer) rue Ferdinand Fert, ZA Les Laurons, 26110 Nyons (France).
Article 12: Litigation
These conditions of distance selling are subject to French law. For any litigation or litigation, the competent Courts will be those of Romans-sur-Isère for any civil or commercial litigation and Valence (France) regarding intellectual property and the rate of jurisdiction over civil litigation.
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