GENERAL CONDITIONS OF SALE
Last updated on: February 12, 2021
The present General Conditions of Sale (hereafter "GCS") apply to the sale of the products of the site https://madeinfrance.shop/fr/ and define the rights and obligations of the salesman and the customer within the framework of the on-line sale.
The continuation of the navigation on our site (https://madeinfrance.shop/fr/) is worth acceptance without reserve of the provisions and conditions of sale which follow. The buyer acknowledges having accepted the GCS before placing an order. The fact of placing an order implies full, immediate and unreserved acceptance by the buyer of the GCS in force at the time of placing the order.
The current version of these GCS is the only one opposable:
- During the entire duration of use of the site and until a new version replaces it;
- For any order of the products of the site https://madeinfrance.shop/fr/
The GCS prevail over any other document issued by Made in France or any other general conditions of purchase.
Made in France reserves the right to deviate from certain clauses of the present terms and conditions or to establish special terms and conditions of sale depending on the buyer. These derogations will give rise to the establishment of particular conditions of sale, subject to an express, written and prior agreement between the seller and the buyer.
Made in France reserves the right to modify the present conditions at any time and undertakes to inform its customers of any modification, by e-mail, mail or by notification on the Site. If the customer does not express any reservation on the modifications within a period of thirty (30) days, they are deemed to be accepted by the Customer.
In these Terms and Conditions, the following terms shall have the following meanings :
- "Customer": means, according to the provisions of the introductory article of the Consumer Code, any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, placing an order on the Site;
- "Conditions": refers to the present general conditions of sale;
- "Products": refers to the products of the sellers offered for sale on the Site;
- "Services": refers to all the services, functionalities and computer applications accessible on the Site and provided by the Company to Customers;
- "Site": means the website www.madeinfrance.shop/eng or any other website operated by the Company and made available as part of the Services;
- "Company": means the Company Made in France, a simplified joint stock company with a share capital of €1,000, registered with the Nanterre Trade and Companies Registry under the number 839 049 921, whose registered office is located at 1 rue des Bateliers, 92110 Clichy;
- "Seller": means, according to the terms and conditions of Article 1 hereof, the professionals offering their products for sale via the Site.
Under the terms hereof, the Company or the Customer may be designated individually as the "Party" and collectively as the "Parties".
1. THE SELLERS
Made in France has set up on its website http://madeinfrance.shop a "MarketPlace" (marketplace) allowing professional partners (hereinafter referred to as "The Seller") who have been selected by our Company, to offer to the customers of our site products made in France and featuring French know-how.
Our MarketPlace acts as an intermediary by allowing our resellers to offer their products for sale on our site. Made in France acts as an intermediary between the seller and the customer in order to conclude sales contracts. Made in France is not a party to these sales contracts.
Each seller makes its sales of products through our MarketPlace and takes responsibility for carrying out a commercial activity in accordance with the applicable legislation. Our sellers are specially selected by Made in France. The remuneration received by Made in France is established as follows:
- Our sellers may have concluded a monthly subscription on our Market Place allowing the promotion and publication of their products. The price of this subscription is set at 99 € HT monthly. For each sale, Made in France will receive a commission equivalent to 8% of the total selling price.
- If our sellers have not concluded a paying monthly subscription via our Market Place, Made in France will receive a commission equivalent to 15% of the total selling price on each orde
2. THE CUSTOMER
Under the terms hereof, the "customer" designates, according to the provisions of the introductory article of the Consumer Code, any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, placing an order on the Site. Any professional customer or legal entity wishing to place an order for products from our vendors is invited to place an order on the site http://pro.madeinfrance.shop and to refer to the general terms and conditions of sale applicable to professionals.
3. THE PRODUCTS OFFERED FOR SALE
The products offered for sale are those listed on our website http://madeinfrance.shop. Each product has a product sheet, indicating the price, stocks, the product reference and brand, the description and essential characteristics of the product as well as the notices left by previous buyers.
The list of products indicated on the site may change according to the stocks of our resellers.
The photographs accompanying the products are provided for information purposes only and have no contractual value.
4. PLACE AN ORDER
In order to place an order, the customer is invited to follow the following steps:
a. Create a shopping cart
The Customer must add the products he wishes to purchase to his basket. The prices displayed in his basket are indicated in euros € all taxes included.
b. Creation of a customer account
It is preferable for a user to create a customer account before placing an order. This feature allows our customer service department to better track deliveries.
During the creation of his customer account, the Customer will be assigned login credentials (identifier and password chosen by the latter). These identifiers are strictly confidential and shall not be disclosed to third parties. The protection of these identifiers is the Customer's responsibility and the responsibility of the Seller or Made in France may not be sought in the event of theft of these identifiers by a third party or usurpation of a customer's identity.
If the Customer wishes to modify his identifiers or if he suspects fraudulent use of them, he must contact Made in France customer service without delay by sending an email to the following address: email@example.com.
c. Terms of delivery
The Customer must then indicate his identity and delivery details. The Customer must inform the seller without delay of any change in his data that could have an impact on the delivery of his order or on the invoicing of the latter. The seller cannot be held liable in the event of an incomplete or erroneous delivery address on the part of the Customer, who undertakes to bear the costs of return and re-delivery to the correct address. For more information on delivery terms, the customer is invited to refer to article 8 hereof. The customer must choose the various delivery methods. Made in France draws the customer's attention to the fact that it does not manage stocks of products. Delivery is entirely made by the sellers of our Market Place. The delivery times and terms of delivery therefore depend on our sellers. Any dispute relating to delivery is the responsibility of the Seller.
d. Payment of the price and discounts
The Customer must then pay the price of the order, by credit card, solely via the Stripe system (www.stripe.com), acting as a payment service provider responsible for the protection of the Customers' banking data. Payment in installments is not possible via our MarketPlace.
Our sellers can apply discounts and promotions on their products. The final price displayed is the price after deduction of any discounts and promotions. Discounts and promotions are not cumulative and are applicable only once per household.
Before proceeding with payment, the customer must accept these GTC by ticking the box provided for this purpose. This validation implies the acceptance of all the present GTC. Any order by the customer implies acceptance of the prices and descriptions of the products purchased. Following payment, the customer will receive an email summarizing his order. The seller will be informed immediately of an order of one or more of its products via our Market Place. In case of error or unavailability of stocks, the seller will have forty-eight hours (48h) to confirm the availability of products. The customer will be notified by email.
The sales contract is concluded between the Seller and the Customer upon payment of the order and the Seller makes a firm commitment to deliver the products. The invoice will reach the Customer immediately on his mailbox. In case of partial availability of the products of the order, the Customer will have the choice either :
- To confirm the maintenance of his order for the available items;
- To replace the missing products by similar products offered by the seller;
- To ask for the complete cancellation of the order, thus leading to the resolution of the sales contract.
In the event of total unavailability of the products in the order, the seller must inform the customer. The contract of sale will be automatically resolved
5. CONTROL OF COMMANDS
a. Refusal of order
The seller reserves the right to refuse any order whose quantity is deemed abnormal to be considered as a sale to a private individual or for any other circumstance demonstrating that the customer is a professional.
Made in France also reserves the right to suspend any order management in case of refusal to authorize payment from officially accredited organizations or in case of non-payment. The seller also reserves the right to refuse any delivery and any order coming from a customer who has not fully or partially paid a previous order or with whom a payment dispute is being processed.
In case of refusal to process an order and if the Customer has already paid the amount of the order, the Customer will be informed of the refusal by e-mail and Made in France will proceed to the reimbursement of the sums paid by the Customer within thirty (30) days from the date of the order.
b. Fraud prevention
Made in France reserves the right to carry out checks on orders placed by customers in order to meet its obligations in terms of fraud prevention and money laundering. Made in France may ask the customer to provide any document that would attest to the reality of the customer's identity and domicile. Within the framework of a control carried out by Made in France, no order will be processed without receipt of the documents requested by Made in France from the Customer.
In the absence of a response from the customer or the supply of the requested documents by the customer, Made in France reserves the right to cancel the order. It will then proceed to reimburse the sums paid by the Customer within thirty (30) days from the notification of refusal to process the order.
6. PRICE AND TERMS OF PAYMENT
The prices displayed on our site are indicated in euros € all taxes included and are those in force at the time of confirmation of the order by the customer.
The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order by the Customer.
The final price indicated at the time of payment of the price also includes delivery costs.
The Seller reserves the right to make special promotions and discounts on its products. The temporary promotions are indicated on the http://madeinfrance.shop website and on the sheet of the products concerned, including the dates of application of the reduction. Discounts and promotions are not cumulative and are applicable only once per household.
c. Terms and conditions of payment
Any placing of an order implies a payment on behalf of the Customer. The price is payable only by credit card, via Stripe (www.stripe.com). The Customer will be redirected to the security interface of the payment organization concerned to proceed with the payment. These banking institutions are solely responsible for the processing of personal data entered by the Customer and for the protection of the bank details provided by the Customer.
The credit card is debited only after acceptance of the order by the seller. Payment for products ordered from a seller is made to Made in France.
The seller's products remain its full and entire property until full payment of the price by the customer. The payment will be immediate minus the Made in France commission.
a. Shipping of the order
Delivery is only made after full receipt of payment. The seller shall deliver the products within the time limits indicated at the time of placing the order. Delivery is made at the seller's risk.
The customer will be notified by email of the dispatch of his order, indicating, where appropriate and depending on the delivery method chosen, the tools for tracking its delivery.
b. Delivery times
For all orders placed in France, delivery times depend on the delivery method chosen (for example: point relais, colissimo, DHL...). Their delivery times are indicated on their respective websites.
For all orders placed outside France, delivery times depend on the delivery method chosen (for example: colissimo, DHL...). Their delivery times are indicated on their respective websites.
Delivery times may be extended:
- Due to the epidemic of Covid-19, impacting the deliveries;
- In summer periods ;
- During public holidays;
- In case of force majeure.
In case of delay due to an event of force majeure or to any other event mentioned above extending the delivery, the responsibility of Made in France and of the seller cannot be sought and no claim for compensation, of any nature whatsoever, can be claimed by the Customer.
c. Receipt of the order
Orders are delivered to the address indicated by the customer at the time the order is placed. Any order returned to the seller due to an error in the delivery address will be reshipped at the customer's expense.
Upon receipt of his order, the Customer must check the conformity of the products received with the carrier. In the event of a damaged or deteriorated package, or a missing product, the Customer must specify this on the carrier's delivery slip on the day the order is received.
If the package has been torn or opened, the customer must check the condition of the products. If they have been damaged, the customer must refuse the package and note a reservation on the delivery slip indicating any anomaly concerning the delivery.
This verification is considered to be carried out by the Customer once the Customer, or a third party authorized by him for this purpose, has signed the delivery slip.
In the event of a lack of conformity or hidden defect noted by the Customer at the time of the delivery of his order, the latter must contact the seller's customer service as soon as possible, indicating his order and invoice number, his identity and the description of the non-conformity.
The transfer to the customer of the risks of loss and deterioration of the products will be carried out as soon as the products are delivered and received.
In case of loss of package, the Customer - who would not have received his package - must contact the seller's customer service. The Customer will be kept informed of the further processing of his order.
8. LEGAL GUARANTEE OF CONFORMITY
a. Applicable texts
In accordance with the provisions of articles L.217-4 and following of the Consumer Code, the Customer benefits from the legal guarantee of conformity. The articles are reproduced below:
"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to it by the contract or was carried out under its responsibility."
"Defects of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked."
"In the event of a lack of conformity, the purchaser chooses between repair or replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the method not chosen by the buyer."
"If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed in application of article L.217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the purchaser, given the nature of the goods and the use that he is seeking.
However, the sale may not be rescinded if the lack of conformity is minor."
"The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods."
The Customer has a period of two (2) years from the delivery of the goods to act as a guarantee of non-conformity. The Customer may choose between repair or replacement of the goods, unless the Seller is unable to do so, or, failing this, the return of the price, which shall take place within a maximum of thirty (30) days following the date of confirmation of the defect.
The price will be refunded to the credit of the customer's credit card or by check sent to the customer.
All products offered by the sellers are in accordance with the French legislation in force applicable. The seller does not provide its customers with any additional guarantee other than the legal guarantees of conformity and latent defect (detailed in Article 9 hereof).
The Customer is invited to notify the seller of any damaged package, missing or damaged products or products that do not conform to the order within 24 hours of receipt of the order. Any claim made beyond this period will not be accepted.
The complaint can be made to the email address of the seller indicated on the invoice.
In the event of an exchange desired by the Customer, the Customer is invited to contact the seller directly in order to proceed with the exchange. The Customer will have to pay the difference in case of a price difference. The exchange will only be possible under the following conditions:
- Product in its original packaging;
- Product not deteriorated;
- Product not used and not worn;
- Purchase invoice attached (or copy in case of partial return);
- Delivery note.
10. RIGHT OF WITHDRAWAL
In accordance with Article L.221-18 of the French Consumer Code, the individual Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal, for any reason whatsoever, in order to obtain a refund for the Products purchased.
The withdrawal period is not applicable for certain contracts, mentioned in article L.221-28 of the Consumer Code. This right does not apply for the :
"contract for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the consumer and express renunciation of his right of withdrawal
contract for the supply of goods or services whose price depends on fluctuations in the financial market
contract for the supply of goods made to your specifications and clearly personalized
contract for the supply of goods that are likely to deteriorate or expire rapidly
contract for goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection
contract for the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles
a contract for the supply of alcoholic beverages whose delivery is deferred for more than 30 days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the trader
contract for maintenance or repair work to be carried out urgently in the consumer's home and expressly requested by him, within the limit of the spare parts and work strictly necessary to meet the emergency
a contract for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery
contract for the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications
contract concluded at a public auction
a contract for the provision of accommodation services, other than residential accommodation, goods transportation services, car rentals, meals or recreational activities to be provided on a specific date or for a specific period of time
contract for the supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer's prior express agreement and express renunciation of his right of withdrawal".
Each product sheet indicates which product(s) benefit(s) from exemptions from the right of withdrawal. The customer must exercise this right directly with the seller, according to the terms and conditions indicated in the seller's own general conditions of sale.
Returns are to be made exclusively to the seller concerned under the following conditions:
- Product in its original packaging;
- Product not deteriorated;
- Product not used and not worn;
- Purchase invoice attached (or copy in case of partial return);
- Delivery note.
No return and/or exchange and/or refund can be made directly to Made In France. The return costs will be paid by the customer. Any risk related to the return of the products is the responsibility of the customer. The products must be returned - by the carrier of the customer's choice - to the address of the seller's headquarters, indicated on the invoice.
The customer will be reimbursed for the sums paid - after deduction of the reimbursement of return transport costs - by transfer to his bank card or by cheque, within fourteen (14) days from receipt of his request to exercise his right of retraction.
11. APPLICABLE LAW AND DISPUTE RESOLUTION
In case of dispute, the customer is invited to contact the seller, solely responsible for sales concluded between him and customers via our MarketPlace. Made in France can therefore not be held responsible for the non-performance of all or part of the obligations of the customer or the seller, both having to settle their disputes between them.
The Made in France customer service department may, at its discretion, intervene as a mediator, without prejudice to the full responsibility borne by the seller on its products.
The customer also has the possibility to request a conventional mediation procedure or any other alternative method of dispute resolution if the dispute could not be settled amicably with the seller.
The European Commission has set up an online dispute resolution platform, allowing the independent settlement of online disputes between consumers and professionals in the European Union by extrajudicial means. This commission is accessible at the following address: https://webgate.ec.europa.eu/odr/.
Failing this, any dispute will be subject to the exclusive jurisdiction of the courts of the Versailles Court of Appeal, subject to a specific allocation of jurisdiction arising from a particular law or regulation.
12. FORCE MAJEURE
13. INTELLECTUAL PROPERTY
The sale of products to customers on the www.madeinfrance.shop website does not imply any transfer of copyright and ownership rights on the products, which remain the full and entire property of the sellers.
No user or customer may take any action that is incompatible with the respect of intellectual property law or that is contrary to any other French and international law relating to intellectual property law.
14. MISCELLANEOUS CLAUSES
Severability: If one or more provisions of these GTC are held to be invalid or declared null and void pursuant to a law or regulation or as a result of a court decision that has authorized res judicata, this does not affect the other provisions of the GTC.
Non-waiver: The fact that the Seller or the Customer has not taken advantage of a breach by the other party of any of the obligations referred to in these G.G.V. shall not be interpreted in the future as a waiver of the obligation in question.
Partial nullity: In the event of a contradiction between any provision of the G.C.V. and any present or future legislative text, law, order, regulation, court order or collective agreement, the latter shall prevail, provided that the provision herein so affected shall be limited only to the extent necessary and that no other provision shall be affected.
Language of Terms: These Terms and the transactions arising herefrom shall be governed by French law. They are written in the French language. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
15. REFERENCING OF OFFERS
To be referenced on the Made in France MarketPlace, in addition to the quality of a professional seller with its head office in France, the seller must have contracted with Made in France at the end of a validation process concerning its quality as a seller and the quality of the products offered.
The seller must offer exclusively "Made in France" products of which he is the creator and manufacturer. No reseller listing is accepted on our MarketPlace, except with the express, written and prior authorization of the creator or manufacturer authorizing the resale on his behalf.
The products offered for sale on our MarketPlace must comply with the following conditions:
- All products are new and are not stolen goods;
- They do not contravene the regulations in force;
- They are neither discriminatory nor inciting to violence, racial, religious or ethnic hatred;
- They do not present a danger to health, safety and the environment and do not offend public decency.
Sellers are free to set their own terms and conditions of sale and delivery.
16. PRODUCT EVALUATION
Made in France offers on its website the possibility for customers to rate products and sellers and to post a review. Sellers cannot oppose the publication of an opinion but can request an investigation in case of a negative opinion or an evaluation on non-corroborating elements.
Made in France reserves the right to remove any notice that is unjustified, incites hatred or violence towards the seller and contravenes these GTC or the general conditions of use of our MarketPlace.
17. PERSONAL DATA
The Company's obligations relating to the protection of the Client's personal data are described in the appendix "Protection of Personal Data".