General terms and conditions :
GENERAL CONDITIONS OF MTHOR Solutions APPLICABLE FROM 1st MAY 2021
ARTICLE 1-scope of application
These general conditions of sale apply, without restriction or reservation to all sales concluded by MTHOR Solutions ("the seller") to consumers and non-professional buyers ("customers or customer"), wishing to acquire the products offered for sale by the seller ("the products") on the website https://mthor.club/ . They specify, in particular, the conditions of ordering, payment, delivery and management of any returns of the products ordered by the customers. The products offered for sale on the website https://mthor.club/ are the following: shoes clothing and high-tech.
The main characteristics of the products, in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the website https://mthor.club/ .
The customer is obliged to take notice of it before placing an order.
The choice and purchase of a product is the sole responsibility of the customer.
The photographs and graphics presented on the website https://mthor.club/ are not contractual and cannot incur the responsibility of the seller.
The customer is obliged to refer to the description of each product in order to know the properties and the essential characteristics.
Product offerings are within the limits of available stocks, as specified when placing the order.
The seller's contact details are as follows:
MTHOR Solutions, a SASU Company with a capital of 1,000 euros, whose registered office is 535 Route Des Lucioles, Les aqueducs B3, 06560 Sophia-Antipolis Valbonne, registered in the register of Commerce and companies of Grasse under n ° 898 838 180.
These general terms and conditions of sale apply to the exclusion of any other conditions, including those applicable for in-store sales or through other distribution and marketing channels.
These terms and conditions of sale are available at any time on the website https://mthor.club/ and shall, where appropriate, prevail over any other version or other contradictory document.
The customer declares to have read the present general conditions of sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as General conditions of use of the website https://mthor.club/ .
These general conditions of sale may be subject to subsequent modifications, the version applicable to the purchase of the customer is that in force on the website on the date of placing the order.
Unless proven otherwise, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.
In accordance with the data protection act of 6 January 1978, the client has, at any time, a right of access, rectification, and opposition to all of his personal information by writing, by letter and justifying his identity, to MTHOR Solutions, simplified company, with a capital of 1,000 euros, whose registered office is 535 Route Des Lucioles, Les aqueducs B3, 06560 Sophia-Antipolis Valbonne, registered in the register of Commerce and companies of Grasse under n °898 838 180.
The validation of the order by the customer is the acceptance without restriction or reservation of the present general conditions of sale.
The customer acknowledges having the capacity required to contract and acquire the products offered on the website https://mthor.club/ .
These general terms and conditions of sale shall remain in force until December 31, 2018.
The modifications of these general terms and conditions of sale are enforceable against the users of the website https://mthor.club/ on-line and may not apply to transactions previously entered into.
It is the customer's responsibility to select on the https://mthor.club/ website the products he wishes to order, in the following ways:
The customer accesses the products he wants to order, adds them to his shopping cart, chooses the method of delivery then the method of payment and is redirected to a secure payment page where he regulates his order and confirms it. He then returns to a page of the site https://mthor.club/ confirming the validation of his order, and he receives a confirmation e-mail summarizing his order.
The contractual information is presented in French and is subject to confirmation at the latest at the time of the validation of the order by the customer.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will be considered definitive only after the customer has been sent the confirmation of the acceptance of the order by the seller by e-mail and after receipt by him of the entire price.
For orders placed exclusively on the Internet, the registration of an order on the provider's website is made when the customer accepts these general conditions of sale by ticking the box provided for this purpose and validates his order. The customer has the possibility to check the details of his order, his total price and to correct any errors before confirming his acceptance (article 1127-2 civil code). This validation implies acceptance of all these general terms and conditions of sale and constitute proof of the sales contract.
It is therefore the customer's responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the website https://mthor.club/ 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 an earlier order.
The customer will be able to follow the evolution of his order on the website https://mthor.club/ .
The seller is not intended to sell the products on the website https://mthor.club/ to professionals, but only to consumers or non-professionals, for their personal needs.
The seller reserves the right to refuse orders of the same product in large quantities.
The Products are supplied at the prices in force appearing on the website https://mthor.club/ , at the time the order is recorded by the Vendor. The prices are expressed in Euros, excluding VAT and all taxes.
The prices take into account any reductions that would be granted by the seller on the website https://mthor.club/ .
These prices are firm and non-revisable during their period of validity, as indicated on the website https://mthor.club/ , the seller keeps the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are charged in addition, under the conditions indicated on the website https://mthor.club/ and calculated before the placing of the order.
The payment requested to the customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the seller and given to the customer during the delivery of ordered products.
ARTICLE 4 - Payment terms
The price is payable cash, in full on the day the customer places the order, by a secured payment, according to the following terms:
-by credit cards: Visa, MasterCard, other credit cards ;
- by PayPal.
Payment data is exchanged in encrypted by PayZen and PayPal payment providers
In the case of a late payment and the payment of money owed by the customer beyond the deadlines set out above, and after the payment date appearing on the invoice sent to him/her, late penalties calculated at the monthly rate of 30% of the amount TTC of the acquisition price on this invoice will be acquired automatically and rightfully to the seller, without formality or prior formal notice.
The payment delay will result in the immediate chargeability of all the money owed by the customer, without prejudice to any other action that the seller could rightfully make against the client.
Payments made by the customer shall be considered definitive only after the actual collection of money owed by the seller.
In addition, the seller keeps the right, in the event of non-compliance with the payment terms listed above, to suspend or cancel the delivery of the current orders made by the customer.
No additional costs, higher than the costs incurred by the seller for the use of a means of payment, may be invoiced to the customer.
ARTICLE 5 – deliveries
The products ordered by the customer will be delivered in France within 14 working days from the dispatch of the order to the address indicated by the customer when ordering on the website https://mthor.club/ .
The delivery consists in the transfer to the customer of the physical possession or control of the product.
Except in particular cases or unavailability of one or more products, the products ordered will be delivered at one time.
The seller undertakes to make best efforts to deliver the products ordered by the customer within the specified deadlines. However, these deadlines are communicated as an indication. However, if the products ordered have not been delivered within 28 days after the indicative date of delivery, for any other cause than a major force case or the fact of the customer, the sale may be resolved at the written request of the customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the consumer code. The sums paid by the client will then be returned to him at the latest within fourteen days after the date of termination of the contract, excluding any compensation or deduction.
In some cases, deliveries are carried out by an independent carrier, at the address mentioned by the customer during the order and to which the carrier can easily access.
When the customer has entrusted himself with the use of a transporter which he chooses himself, the delivery shall be deemed to have been made upon the delivery of the products ordered by the seller to the transporter when he has handed over the products sold to the transporter which accepted without reservations. The customer therefore acknowledges that it is the transporter's responsibility to carry out the delivery and does not have any recourse in warranty against the seller in the event of failure to deliver the goods transported.
Deliveries made outside the European Union or not will be made by different delivery services and will NOT be subject to taxes and customs duties.
In case of special request from the customer concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the seller, the costs linked thereto will be the subject of a specific additional billing, on quotation previously accepted in writing by the client.
The customer must check the condition of the delivered products. It has a period of 14 days from delivery to make claims in writing (postal mail, e-mail, fax) "any reservations or claims for non-compliance or apparent defect of the delivered products (e.g. parcels damaged already opened...), with all supporting documents (photos in particular). After this period and failing to comply with these formalities, the products will be deemed to be compliant and free from any apparent defect and no claims can be validly accepted by the seller.
The seller will reimburse or replace as soon as possible and at its own expense, the delivered products whose defects in conformity or the apparent or hidden defects have been duly proved by the customer, under the conditions laid down in articles L 217-4 and following of the consumer code and those provided for in these general conditions of sale (see guarantees, in particular).
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the products of the seller, to the benefit of the customer, will be realised only after complete payment of the price by the latter, irrespective of the date of delivery of said products.
Regardless of the date of the transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto will only be realized at the time when the customer will take physical possession of the products. The products therefore travel at the risk and peril of the seller.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the customer has a period of fourteen days from the receipt of the product to exercise his right of withdrawal from the seller, without having to justify reasons or to pay a penalty, at the end of Exchange or reimbursement, provided that the products are returned in their original packaging and in perfect condition within 21 days after notification to the seller of the customer's decision to withdraw.
During sales and/or discount periods, only refunds are accepted (not exchanges). Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not returned.
The right of withdrawal can be exercised online, using the withdrawal form available on the website https://mthor.club/ , in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the customer by the seller, or any other statement, without ambiguity, expressing the willingness to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product (or products purchased) and the delivery costs are reimbursed; the cost of the return remaining at the expense of the customer.
The Exchange (subject to availability) or reimbursement will be made within 14 days of receipt by the seller of the products returned by the customer under the conditions laid down in this article.
ARTICLE 8-seller's liability-warranty
The products sold on the website https://mthor.club/ comply with the regulations in force in France and have performances compatible with non-professional uses.
The products provided by the seller are entitled to the right and without any additional payment, irrespective of the right of withdrawal, in accordance with the legal provisions,
-the legal guarantee of conformity, for products apparently defective, damaged or damaged or not corresponding to the order,
-the legal guarantee against latent defects arising from a defect in material, design or workmanship affecting the products delivered and making them unfit for use, under the conditions and in the manner specified in the box below and defined in the annex to these general conditions of sale (guarantee of conformity/guarantee of latent defects).
It is recalled that as part of the legal guarantee of conformity, the customer
-has a period of two years from the issuance of the property to act against the seller;
-may choose between repair or replacement of the ordered product, subject to the cost conditions provided for in article L 217-9 of the consumer code ;
-is exempt from reporting proof of the existence of the product's failure to comply within six months after the product is issued. This period is increased to 24 months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies irrespective of the commercial guarantee which may cover the product.
The customer may decide to implement the warranty against hidden defects product in accordance with article 1641 of the civil code ; in this case, it may choose between the resolution of the sale or a reduction of the selling price in accordance with 1644 civil code.
In order to assert its rights, the customer must inform the seller, in writing, of the non-conformity of the products within a maximum period of 7 days from the delivery of the products or the existence of the defects hidden within the deadlines mentioned above and return or report in store defective products in the State in which they were received with all the elements (accessories, packaging, notice...).
Seller will reimburse, replace or repair any products or parts under warranty deemed to be non-compliant or defective.
The shipping costs will be refunded on the basis of the invoiced price and the return costs will be refunded upon presentation of the receipts.
Refunds of products deemed to be non-conforming or defective shall be made as soon as possible and at the latest in the Number days following the seller's finding of lack of conformity or latent defect.
The reimbursement will be made by credit to the bank account of the client or by bank cheque sent to the customer.
The seller's liability shall not be incurred in the following cases:
-failure to comply with the legislation of the country in which the products are delivered, which it is for the customer to verify,
-in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the customer, as in case of normal wear of the product, accident or force majeure.
The seller's warranty is, in any event, limited to the replacement or reimbursement of products that do not conform or are affected by a defect.
ARTICLE 9-information technology and freedoms
Pursuant to the Law 78-17 of 6 January 1978, it is recalled that the personal data requested by the client are necessary for the processing of its order and for the preparation of invoices, in particular.
This data may be communicated to prospective partners of the seller responsible for the execution, processing, management and payment of orders.
The processing of information provided through the website https://mthor.club/ has been the subject of a declaration to the CNIL.
The customer shall, in accordance with the national and European regulations in force, have a right of permanent access, modification, rectification and opposition with regard to the information concerning him.
This right may be exercised in accordance with the terms and conditions set out on the website https://mthor.club/ .
ARTICLE 10-intellectual property
The content of the website https://mthor.club/ is the property of the seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute a crime of counterfeiting.
In addition, the seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the customer) for the provision of the services to the customer. The customer shall therefore prohibit any reproduction or exploitation of such studies, drawings, models and prototypes, etc., without the express, written and prior authorisation of the seller which may condition it to a financial counterparty.
These general conditions of sale expressly exclude the statutory scheme of the imprediction provided for in article 1195 civil code for all sales of seller's products to the customer. The seller and the customer therefore waive the provisions of article 1195 civil code and the regime of the forecast that is foreseen therein, committing itself to fulfil its obligations even if the contractual balance is disturbed by circumstances which were unpredictable at the conclusion of the sale, even if their execution would prove excessively costly and to bear all the economic and financial consequences.
ARTICLE 12-enforced execution in kind
In the event of failure by either party to fulfil its obligations, the party who is the victim of the failure shall have the right to require the enforced execution in kind of the obligations arising hereunder. In accordance with the provisions of article 1221 civil code, the creditor of the obligation may continue this enforced execution after a mere formal notice, addressed to the debtor of the obligation by the formal notice remained unsuccessful, unless it proves impossible or if there is a disproportion between its cost to the debtor and its interest in the creditor.
By express derogation from the provisions of article 1222 civil code, in the event of the failure of either party to fulfil its obligations, the party that is the victim of the failure shall not, in itself, enforce the obligation by a third party at the expense of the defaulting party. The creditor of the obligation may, however, request in court that the defaulting party advance the sums necessary for such execution.
The party who is the victim of the failure may, in the event of non-fulfilment of any of the obligations incumbent on the other party, request the resolution of the contract in accordance with the terms set out in the article "contract resolution".
ARTICLE 13-exception of breach
It is recalled that pursuant to article 1219 civil code, each party may refuse to fulfil its obligation, even though it is due, if the other party fails to perform its duty and if such breach is sufficiently serious, that is, which may call into question the continuation of the contract or fundamentally upsetting its economic equilibrium. The suspension of execution shall take effect immediately upon receipt by the defaulting party of the notification of failure addressed to that effect by the party who is the victim of the failure indicating the intention to apply the exception of non-performance until the defaulting party has remedied the failure found, served by registered letter with a request for a notice of receipt or on any other durable written support to provide proof of the consignment.
This exception for breach may also be used as a preventive measure, in accordance with the provisions of article 1220 civil code, if it is clear that one of the parties will not execute the obligations incumbent upon it and that the consequences of such non-performance are sufficiently serious for the party who is the victim of the failure.
This faculty is used at the risk and peril of the party taking the initiative.
The suspension of execution shall take effect immediately upon receipt by the alleged defaulting party of the notification of the intention to apply the preventive failure exception until the alleged party failing to perform the obligation for which a failure to come is manifest, served by registered letter with a request for a notice of receipt or on any other durable written medium providing proof of the consignment.
However, if the impediment was definitive or lasted beyond 30 days from the finding of the impediment by registered letter, the present would be purely and simply resolved in accordance with the terms set out in the article resolution for the failure of a party to fulfil its obligations.
ARTICLE 14-force majeure
The parties may not be held liable if the non-execution or delay in the performance of any of their obligations, as described herein, arises from a case of force majeure within the meaning of article 1218 civil code.
The party observing the event shall without delay inform the other party of its inability to perform its performance and justify it to the latter. The suspension of obligations shall in no case be a cause of liability for non-fulfilment of the obligation in question, nor induce the payment of damages or penalties for delay.
The fulfilment of the obligation is suspended for the duration of force majeure if it is temporary. Therefore, upon the disappearance of the cause of the suspension of their reciprocal obligations, the Parties shall endeavour to resume the normal performance of their contractual obligations as soon as possible. To this end, the prevented party will notify the other of the resumption of its obligation by registered letter with request for a notice of receipt or any extrajudicial Act. If the impediment is definitive, these will be purely and simply resolved in accordance with the terms set out in the article "resolution for force majeure".
During this suspension, the parties agree that the costs incurred by the situation will be borne by the prevented party.
ARTICLE 15-contract resolution
1 -Resolution for imprediction
The resolution for the impossibility of executing an excessively onerous obligation may not, notwithstanding the resolution for failure of a party to its obligations set out below, intervene until 21 days after the sending of an implementation remains declaring the intention to apply this clause notified by registered letter with the request for a notice of receipt or any extrajudicial Act.
2 -resolution for failure of a party to fulfil its obligations
In the event of non-compliance by either party with the following obligations:
The non-payment at maturity of the services ordered by the customer
The non-delivery at maturity of the services ordered by the customer
referred to in the articles of this contract, it may be resolved at the option of the injured party.
It is expressly understood that this resolution for the failure of a party to fulfil its obligations will take place as of right, the formal notice resulting solely from the non-fulfilment of the obligation, without summons or execution of formalities.
The services exchanged between the parties since the conclusion of the contract and until its termination having found their usefulness as and when the reciprocal execution of it, they will not give rise to restitution for the period prior to the the last performance that did not receive its consideration.
In any event, the injured party may apply to the Court for damages.
ARTICLE 16 - Applicable law - Language
These general conditions of sale and the transactions arising therefrom are governed by and subject to French law.
These general terms and conditions of sale are written in the French language. If they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 17 – litigation
All disputes to which the purchase and sale transactions concluded pursuant to these general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their aftermath and which could not have been resolved between the seller and the client will be submitted to the competent courts under the conditions of ordinary law.
The client is informed that he may in any event resort to conventional mediation, in particular with the consumer Mediation Commission (C. consom. Art. L 612-1) or from existing sectoral mediation bodies, and whose references appear on the website https://mthor.club/ alternative dispute resolution (e.g. conciliation) in the event of a dispute.
ARTICLE 18- Pre-contractual information - Acceptance of the Customer
The fact for a natural person (or legal entity), to order on the website https://mthor.club/ takes full and complete acceptance of these general conditions of sale and obligation to the payment of the products ordered, this which is expressly acknowledged by the client, who waives, in particular, to avail himself of any contradictory documents, which would be unenforceable against the seller.
-PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the consumer code
The seller is obliged to deliver a good in accordance with the contract and complies with the defects of conformity existing during the issuance. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it has been put to its charge by the contract or has been carried out under its responsibility.
Article L217-5 of the consumer code
In order to comply with the contract, the property must:
-Be specific to the usual expected use of a similar property and, if applicable:
-correspond to the description given by the seller and possess the qualities which he has presented to the purchaser in the form of sample or model
-present the qualities that a purchaser can legitimately expect in relation to the public statements made by the seller, the producer or his representative, in particular in the advertising or labelling
-Or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the purchaser, brought to the knowledge 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 by two years from the issuance of the property.
Article L217-16 of the consumer code
Where the purchaser requests the seller, during the course of the commercial guarantee 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 In addition to the remaining warranty period. This period runs from the request for intervention of the purchaser or the provision for repair of the property in question, if this provision is after the request for intervention.
Article 1641 of the civil code
The seller is bound by the guarantee for the hidden defects of the sold thing which make it unfit for the intended use, or which diminish so much this use, that the purchaser would not have acquired it, or would have given only a lesser price, if he had Known.
Article 1648 (1) of the civil code
The action resulting from the defects must be brought by the purchaser within two years from the discovery of the defect.
This form must be completed and returned only if the customer wishes to withdraw from the order placed on https://mthor.club/ except exclusions or limits to the exercise of the right of withdrawal according to the applicable general conditions of sale.
For the attention of
"Seller's number and street"
"Seller's postal code"
"City of the seller"
I hereby notify the withdrawal of the contract relating to the ordering of the following services:
- "Date" control
Signature of the customer (only in case of notification of this form on paper):