General conditions of online sales
These general conditions apply to the sale of all TEKMI brand products, hereinafter referred to as the 'Goods' sold on the site http://www.tekmi.fr, hereinafter the referred to as the 'Site'.
The fact of ordering Goods on the Site entails the automatic application of all the conditions described below which we ask you to read carefully.
The Site belongs to the company MAGIC STOCK, Société par Actions Simplifiée (simplified share company) with a paid-up capital of 300,000 euros, having its registered office at Valrose, 22900 BORGO, France. Registered with the register of trade and companies of BASTIA, under the number 333 913 598 Represented by Mr. Philippe Dominici as Chairman, duly authorized for the purposes of the present.
Address: MAGIC STOCK, Valrose, 20290 BORGO, FRANCE Telephone: 08 25 10 00 82 Hereinafter referred to as the 'Seller'
The activity of the Seller is the sale of luggage.
The Parties agree that their relations shall be governed exclusively by the present contract, excluding any condition previously available on the Seller's website.
The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on the Site. The terms and conditions of Sale are those effective on the date the order is confirmed.
The Parties agree that the photographs of the Goods for sale on the http://www.tekmi.fr site have no contractual value.
Article 1: - Definitions
For the purposes of the interpretation and execution of the present contract the following terms and expressions, where they begin with a capital letter, have the following meanings:
'Article': the goods which were the subject of the Order;
'Goods': any product offered for sale on the website;
'Order': request for Goods or Services by the Customer to the Seller;
'General Conditions of Sale': the general conditions of sale which are the subject of the present contract;
'Contract': the present document, including its preamble and annexes together with any amendment, substitution, extension or renewal applied thereto pursuant to the agreement of the Parties;
'Delivery Period': period between the date of the Confirmation of the Order and the date of the Delivery of the Order to the Customer.
'Delivery Costs': the expenses incurred by the Seller to deliver the Order to the Delivery address indicated by the Customer.
'Delivery': shipment of the Article to the Customer;
'Means of Delivery': designates any standard or express means of delivery available on the Site at the time of the Order.
'Price': the unit value of the Goods or Service; this value is understood to include all taxes and is exclusive of the Delivery Costs;
'Total Price': the total amount of the accumulated Prices for the Goods and Services which are the object of the Order; this amount is understood as being inclusive of all taxes;
'All-inclusive price': the Total Price to which is added the Delivery Costs; this amount is understood as being inclusive of all taxes;
'Service': any service offered for sale on the Site.
'Site': Online Sales site http://www.tekmi.fr used by the Seller to market their Goods/Services.
'Territory': has the meaning set out in Article 3.
'Confirmation of the Order': has the meaning set out in Article 5;
'Online Sales': the marketing of Goods and Services by the Seller via the Site;
The references of the Articles are the references of the articles of the present Contract, unless they are otherwise set out.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other gender.
Article 2. – Purpose
The purpose of this Contract is to define the rights and obligations of the Parties in the context of the Online Sale of Goods and Services offered for sale by the Seller to the Customer.
Article 3. – Scope
The present General Conditions of Sale are reserved for consumers only, in the sense that is given to the term by French law and jurisprudence, acting exclusively for their own account.
Pursuant to articles L. 111-1 and L. 111-3 of the Code de la consommation (French Consumer Law), the essential features and prices of the Goods and Services sold electronically are available on the Site.
In addition, the Customer shall receive the information provided for in articles L. 121-8 and L. 121-19 of the Code de la consommation (French Consumer Law), prior and subsequent to the conclusion of the sale and notably via the present General Conditions of Sale.
These General Conditions of Sale are applicable to all sales of Goods and Services by the Seller which are carried out via the Site.
The Customer declares having read the present General Conditions of Sale before the Confirmation of the Order within the meaning of Article 5. The Confirmation of the Order therefore means an acceptance without either restriction or reserve of these General Conditions of Sale.
These General Conditions of Sale are applicable to Orders accepted for delivery in metropolitan France including Corsica and Monaco.
Article 4. - Effective date and Duration
The present Contract is effective on the date of the Confirmation of the Order such as defined in Article 5.
The Contract is concluded for the duration necessary for the provision of the Goods and Services, until the extinction of the guarantees and obligations due by the Seller.
Article 5. - Order of Goods and Services and Steps for the Conclusion of Online Sales
In order to place the Order, the Customer must follow the following steps:
1. Enter the address of the Site;
2. Follow the instructions given on the Site and, in particular, the instructions given for the opening of a customer account;
3. Complete the order form. In the event of a period of prolonged inactivity during the connection, it is possible that the selection of Goods and Services chosen by the Client before this period of inactivity may no longer be assured. The Customer will then be invited to begin their selection of Goods and Services again, from the beginning;
4. Verify the elements of the Order and, where appropriate, identify and correct any errors;
5. Confirm the Order, the Total Price and the All-inclusive Price (the 'Confirmation of the Order');
Any order signed by the consumer by means of the click which confirms the order, constitutes irrevocable acceptance which may only be called into question within the limits provided for in the present general conditions of sale.
The click which confirms the order is linked to the procedure of authentication and non-repudiation and to the protection of the entirety of the messages shall constitute an electronic signature. This electronic signature has the same value between the Parties as a handwritten signature.
The Confirmation of the Order means an acceptance without restriction and without reserve of the present General Conditions of Sale, the recognition of having full knowledge of the same and the renunciation that any other conditions may be invoked.
6. Follow the instructions of the online payment server in order to pay the All-inclusive Price.
The Customer then receives, electronically and without delay, a confirmation that the payment for the Order has been accepted.
The Customer also receives by electronic means and without delay a receipt which has the value of a confirmation of the Order (the 'Confirmation of the Order').
In accordance with article L.121-19 of the Code de la consommation (French consumer law), this confirmation contains the following information:
- The name of the seller of the product or the service provider, the telephone number enabling an actual contact with the same, their address or, in the case of a legal person, their registered office and, if different, the address of the establishment responsible for the offer;
- Where appropriate, the costs of delivery;
- The arrangements for payment, delivery or performance;
- The existence of a right of withdrawal as well as the relevant conditions and the modalities for exercising this
- The main features of the goods
- The period during which the parts essential for the use of the goods will be available on the market
- The price of the goods
- The address of the supplier's establishment where the consumer can present any complaint;
- Information concerning the after sales service and commercial guarantees
The Customer receives electronic confirmation of the shipment of the Order.
Delivery will take place at the delivery address indicated by the Customer when placing the Order.
During the various steps for placing the Order as set out above, the Customer undertakes to respect the terms of the present Contract in application of article 1316-1 of the French Civil Code.
The Seller undertakes to honour the Order only within the limit of stocks of the Goods available. Should the Goods be unavailable, the Seller undertakes to inform the Customer who shall have the possibility of cancelling their order and of obtaining a full refund of the sums paid within 30 days their payment at the latest.
However, in accordance with article L. 122-1 of the Code de la consommation (French consumer law) the Seller reserves the right to refuse the Order if it is abnormal, made in bad faith or for any other legitimate reason, and in particular, if there should be a dispute with the Customer concerning the payment of a previous order.
Article 6. - Price of Goods and Services and Conditions of Validity
The price of the Goods sold on the Site is indicated respectively by article and reference.
At the moment of the Confirmation of the Order, the price to be paid is the All-inclusive Price in euros. It does not include delivery costs, charged as an extra and shown before the confirmation of the order.
Telecommunication costs for access to the Site remain the exclusive responsibility of the Client.
The period of validity of the offers and Prices is determined by the updating of the Site.
The Seller reserves the right to modify their prices at any time.
Article 7. - Terms of Payment
The payment of the All-inclusive Price by the Client is made by one of the following means of payment:
- Bank card
The payment is made by a bank card bearing the CB logo.
- Cartes Bleues, Visa, Eurocard, Mastercard
- payment by PayPal
- the Aurore, Cofinoga, and 4 Etoiles bank cards (select Paypal as payment method).
The transaction is immediately debited from the Customer's bank card after verification of the information concerning this latter, on reception of the debit authorisation received from the company which issued the bank card used by the Customer.
In accordance with article L. 132-2 of the Code monétaire et financier (French monetary and financial law), an undertaking to pay given by means of a bank card is irrevocable. By providing the information relating to the bank card, the Customer authorizes the Seller to debit their bank card for the amount corresponding to the All-inclusive Price.
To this end, the Customer confirms that they are the holder of the bank card to be debited and that the name on the credit card is indeed theirs. The Customer communicates the sixteen digits and the expiration date of their bank card and if applicable, the security code.
Should the debit of the All-inclusive Price be impossible, the Online Sale shall immediately be annulled as of right and the Order shall be cancelled.
The Seller shall use all reasonable means to ensure the confidentiality and security of the data transmitted via the Site http://www.tekmi.fr. Indeed, CM-CIC-PAIEMENT enables you to pay via the Crédit Mutuel Bank server in a secure environment.
Your bank card number is therefore directed to the servers of the bank; your payment is made directly to the bank in a secure environment without passing via the shop's server, a guarantee that is all the more important since your numbers are known only to our banking partner Crédit Mutuel.
Article 8. - Delivery of the Order
8.1. Means of Delivery
The Customer selects one of the Means of Delivery offered on the Site whilst placing the Order.
8.2. Delivery address
The Customer necessarily selects a Delivery address located on the Territory; otherwise the Order shall be refused. The Customer alone is responsible in the event of a Delivery problem due to a missing element or an error whilst placing the Order.
8.3. Amount of the Delivery Costs
The amount of the Delivery Costs depends on the amount of the Order and the means of delivery selected by the Customer. In all circumstances, the amount of the Delivery Costs is indicated to the Customer before the Confirmation of the Order.
8.4. Delivery Period
The Delivery Periods may be consulted on the Site and can vary according to the availability of the Goods which are the subject of the Order.
Mandatory indication of the maximum date.
Unless otherwise stated on the Site prior to purchase, the agreed maximum delivery time is 30 days.
The Delivery Period is given in working days and corresponds to the average time for the preparation and delivery of the Order in the Territory.
The Delivery Period shall run from the date of the Confirmation of the Order by the Seller.
8.5. Delayed Delivery
In the event that the Delivery is delayed the Order is not cancelled.
The Seller shall inform the Customer by email that the Delivery shall be delayed. The Customer may then decide to cancel the Order and will send by registered letter with acknowledgement of receipt to MAGIC STOCK, Valrose, 20290 BORGO (or: by email to the following address or: ) notice to cancel the Order.
In the event that the Order has not yet been dispatched when the Seller receives the Customer's notice to cancel the order, the Delivery shall be blocked and the Customer shall be refunded the sums which may have been debited within a period of fifteen days following reception of the notice to cancel the Order.
In the event that the Order has already been dispatched when the Seller receives the notice to cancel the order by the Customer, the Customer may still cancel the Order by refusing the parcel. The Seller will then proceed to reimburse the sums debited and the return costs paid by the Customer within a period of fifteen days following reception of the returned refused parcel, complete and in its original condition.
In both instances, the client must be refunded the sums they have paid within thirty days at the latest. Beyond this term, these sums shall bear interest at the legal rate in accordance with article L. 121-20-3 of the Code de la Consommation (French consumer law).
In the event of delay, the seller cannot be held liable for any reason whatsoever. Therefore, no claim for any indemnity whatsoever may be made by the customer.
8.6. Delivery tracking
The Client can track the status of the processing of the Order in the area provided for this purpose on the Site.
8.7. Verification of the Order on arrival
The Customer is required to check the condition of the packaging as well as that of the Articles on Delivery.
It is the Customer's responsibility to express their reservations and to complain as they may consider necessary, or to refuse the parcel, when the parcel is very obviously damaged on Delivery. The said reservations and complaint must be sent to the transporter by registered letter with acknowledgement of receipt within three working days, excluding bank holidays, which follow the Delivery of the Goods. The Customer must equally send a copy of this letter to the Seller. Failure to claim within the above time limit excludes any action against the transporter in accordance with article L. 133-3 of the Code de Commerce (French commercial law).
The Customer must ensure that the Goods which have been delivered correspond to the Order. Should the Goods not be conform either in kind or in quality with the specifications mentioned on the Delivery note, the Customer must inform the Seller's Customer Support Service by email and return the Goods to the address indicated in Article 8.
Article 9. - Right of Withdrawal
The Customer has a right of withdrawal which may be exercised within a period of seven calendar days following the date of receipt or collection of the Order.
Should this period expire on a Saturday, a Sunday or a bank holiday, it is extended until the first following working day.
The Customer who wishes to exercise their right of withdrawal should return the Articles accompanied by the withdrawal slip within the above-mentioned period, in their original packaging, complete, new, accompanied by any accessories, instruction manuals and documentation, to the following address: MAGIC STOCK, Valrose, 20290 BORGO, France.
In accordance with article L.121-20-1 of the Code de la consommation (French consumer law), when the right of withdrawal is exercised, the professional must refund to the consumer all sums paid, as soon as possible and no later than thirty days from the date on which this right has been exercised. Beyond this, the sums due shall, ipso jure, bear interest at the legal rate in force. This refund may be made by any means of payment. Following a proposal from the professional, the consumer having exercised their right of withdrawal may however choose another means of refund.
The return costs are however borne by the customer, in accordance with article L.121-20 of the Code de la consommation (French consumer law).
Article 10. – Complaints
The Customer must send any complaint to the Customer Support Service of the Seller by post or by email and include the reference number and the date of the Order.
Only claims relating to the Online Sale of Goods shall be considered.
Article 11. – Warranty
The Seller is subject to the conditions of the legal guarantees as provided for in the articles L. 211-4, L. 211-5 et L. 211-12 of the French Code de la consommation (French consumer law) and articles 1641 et 1648 of the French Civil Code:
Article L. 211-4: "The seller must deliver goods which conform to the contract and is liable for any defects of conformity existing at the time of delivery. They shall also be liable for any lack of conformity resulting from the packaging, installation or assembly instructions when this is their responsibility under the contract or has been carried out under their responsibility."
Article L. 211-5: "To comply with the contract, the goods must: 1° Be appropriate for the use normally expected of similar goods and, where appropriate:
- fit the description given by the seller and possess the qualities presented to the buyer as a sample or model;
- present the qualities a buyer may legitimately expect in view of the public statements made by the seller, the producer or their representative, particularly in advertising or in labelling;
2° Or present the characteristics defined by mutual agreement by the parties or be specific to any special purpose sought by the purchaser, brought to the attention of the seller and that the latter has accepted."
Article L. 211-12: "the action resulting from the lack of conformity is prescribed two years from the delivery of the goods".
Article 1641: "The seller is bound by the guarantee for any latent defects concerning that which has been sold which render it unfit for the use for which it was intended or which so impair that use, that the buyer would not have acquired it, or would have paid a lower price, had they known.
Article 1648: "the action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of preclusion, within one year following the date on which the seller may be exonerated of responsibility for apparent defects of conformity".
Should any product not comply with the description given in its presentation on the site, it shall be replaced or refunded depending on availability.
The refund or the delivery of the new product shall take place within a period of 30 days from the receipt of the non-compliant products.
The return costs shall be borne by the Seller
Article 12. - Intellectual property rights
The Seller's brand "TEKMI", as well as all brands figurative or otherwise and more generally all other brands, illustrations, images and logotypes appearing on the Goods, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of any brands, illustrations, images, logos and elements for any reason and on any medium whatsoever, without the Seller's express prior consent is strictly prohibited. This is also true for any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. This is also true for any other copyrights including for any drawing, model and patent which are the property of the Seller.
The information requested from the Customer is necessary for the processing of the Order.
In the event that the Customer consents to disclose individual personal information, they shall have a personal right of access, withdrawal and correction of such data in accordance with conditions set out in the French data processing, files and liberties law No. 78-17 of 6 January 1978. The Customer must send any written request to the following address: email@example.com.
When creating their account on the Site, the Customer shall have the opportunity to choose whether to receive offers from the Seller and their partners.
Article 14. - Force Majeure
The performance by the Seller of its obligations under the terms of this Contract shall be suspended in the event of unforeseeable circumstances or of Force Majeure which may impair or delay its execution.
Are considered as Force Majeure releasing the seller from their obligation to deliver: war, riots, fire, accidents and the impossibility of being supplied.
The Seller shall notify the Customer of the occurrence of such unforeseeable circumstances or of Force Majeure within 30 days from the date of occurrence of the event. When the suspension of the execution of the obligations of the Seller continues for a period longer than 30 days, the Customer may cancel the current Order and the Seller will then refund the Order under the conditions referred to in Article 7.
Article 15. - Nullity of any Clause of the contract
If any one of the provisions of the present Contract should be cancelled, this nullity shall not result in the nullity of the other provisions of the contract which shall remain in force between the Parties.
Article 16. - Non-waiver clause
The fact that one of the Parties did not make any claim following a breach of any of the obligations of the present Contract by the other Party, shall not be interpreted for any future occasion as a waiver of the obligation concerned.
Article 17. - Applicable Law
The present Contract is subject to French law.
These present General Terms and Conditions of Sale are a translation of our French Conditions générales de vente en ligne which may be consulted here (lien vers la page en français) and are provided for information only. In the event of any dispute it is the French Conditions générales de vente en ligne which shall be considered legally binding.