General sales conditions

General conditions of sale mabro france

This contract is an electronic distance selling contract which aims to define the rights and obligations of the parties in connection with the sale of products offered by mabro france. In this sense, it complies with the French regulations in force, namely:
- French law 2004-575 law for confidence in the digital economy.
- French law 2008-3 of January 3, 2008 for the development of competition for the benefit of consumers.
- Recommandation n°07-02 of the "Commission des clauses abusives", relating to Internet sales contracts.
It is also in line with OECD recommendations in the area of ‚Äč‚Äčelectronic commerce.

Article 1 - Scope
These general conditions of sale apply to all orders placed on or with the website www.mabro-toys.com.
The mabro France website offers customers the sale of games and toys.
Any order placed on the site www.mabro-toys.com, assumes the knowledge of these Terms.
mabro France reserves the right to modify these Terms and Conditions at any time. In this case, only the GTC in force when ordering will then be applicable.
In full hereof, the Customer will be understood as the one with whom the purchase-sale relationship is established and which will be invoiced under the order.

Article 2 - Preices
All prices of products offered for sale on the website www.mabro-toys.com are expressed in euros all taxes included excluding shipping costs. The shipping costs are available on the following link: https://www.mabro-toys.com/shop/shipment?language=en
The prices of the products may be modified at any time by the company mabro france, but agrees to apply the rates in effect when placing the confirmed order.
The products remain the property of mabro France until full and complete collection of the price.

Article 3 - Validation of the order
The products offered by mabro france on the website www.mabro-toys.com are presented on the sites in French, German and English. Any national of the European Community and the countries respecting the directive 95/46 / CE can not assert his linguistic ignorance as clause of cancellation of the contract.
To place an order on the site www.mabro-toys.com, the customer follows the various ordering steps; choice of items, implementation in the basket, customer identification (account creation or existing account), choice of delivery method, choice of payment method and confirmation of the order by the customer via a click on "confirmation" which is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the customer.
At each step. The customer has the opportunity to modify the items, the address and delivery method, the method of payment.
A confirmation of order gathering all the information (article, address of delivery ....) Relative to the order will be sent to the customer by E-mail.

The information provided by the customer during the placing of the order, delivery address, articles ordered engage the latter.
Mabro's liability is not in any way implicated in the event that an error in the placing of the order prevents or delays the delivery of the goods.

mabro france reserves the right to refuse any order from a customer with whom there is or would have been a dispute over the payment of a previous order.
The customer declares to have full legal capacity to engage under these terms and conditions of sale.

Article 4 - Fight against fraud
When you place an order on the site www.mabro-toys.com, you can pay your purchases by bank transfer, credit card via paypal (planned in the near future), by paypal account.
At no time do you reveal to mabro France your bank details or your credit card number.
In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise the legal representatives of it to rescind (cancel) the sale under Article 1305 du Code Civil.

Article 5 - Availability and prices
The products and prices are valid as long as an article is visible on the site, within the limits of available stocks.
In case of unavailability of a product after validation of the order, the customer will be informed of the time of availability of the desired product (s).
If the customer does not wish to wait or in case of final unavailability of the product, the customer will be refunded the total amount paid within 14 days of the cancellation of the order in accordance with Article L. 216-3 of the code of consumption.
In the event of temporary or permanent unavailability of one of the products, the company will inform internet users by sending an email to a valid email address provided by the customer. The company will then propose the replacement of the product ordered by an equivalent product (quality and price), or a credit note, or exercise your "right of cancellation" (cancellation of your order).
The illustrations presented on the site are the reflection of the products on sale on this one, except in the limiting cases inherent to the technical characteristics of the Internet (resolution and colors of the screen of the surfer ....).
Due to the specificity of the internet network, the company does not guarantee on its website the availability of all products in real time.

Article 6 - Payment on the day of placing the order
Payment is made the same day of the placing of order.
Currently, (January 2019), the payment methods accepted are bank transfers.
Mabro France has a bank account in France and Germany.
The customer can choose one of the two accounts to pay for his order. The bank details of mabro France will be communicated during the confirmation of the order, IBAN and BIC.
The attention of the Customer is drawn to the fact that a bank transfer is not automatic even if the sums are debited from the customer's account by his bank, it is necessary to wait 2 to 3 days for the sum to be paid to the bank account. mabro and that the silk order is considered paid.

Article 7 - Delivery
The shipping costs are indicated in the table " Shiping methods " available at the following address:https://www.mabro-toys.com/shop/shipment?language=en
The indicated deadlines are in working days and correspond to an average of preparation and routing of an order in Metropolitan France.

Mabro France can not be held responsible for the consequences due to late delivery to the carrier.
In case of delay of shipment, the order will not be canceled, the customer will be informed by email and may decide to cancel his order.
In the case where the order has not yet been shipped upon receipt of cancellation of the customer, the order will be canceled and the customer will be refunded the sums paid within 14 days of receipt of the notice of cancellation in accordance with Article L. 216-3 of the Consumer Code.
In the case where the order has been shipped, the customer can then refuse the package. In this case, mabro France will proceed to the refund of the products as well as the expenses of return in the 14 days following the reception of the complete refused package and in its state of origin. (unopened package)

In case of absence during the delivery of a package, a notice will be left to the attention of the customer.
The customer then has 14 days to pick up the parcel at the place indicated on the notice of passage (post office).
After this period, the parcel will be returned to the sender, mabro france.
After contact with the customer, either by telephone or by email, the order will be in agreement with the parties, or canceled and mabro France will proceed to the refund of the product within 14 days from the cancellation by the Customer, is redirected to the delivery address with the shipping costs borne by the customer.
If the customer does not respond within 10 days of sending the email, the order will be automatically canceled.

Article 8 - Conformity
The customer must check the conformity of the goods delivered before signing the delivery documents. In the event of a discrepancy, the customer will indicate his reservations directly on the delivery document, followed by his signature.
In the event of a serious anomaly (torn, open, missing or damaged packaging, etc.), the customer will refuse the package and specify on the delivery document the reasons for its refusal. This verification is considered to be performed when the customer, or any person authorized to receive the parcel on his behalf, has signed the delivery document.
The customer must inform mabro France of these reserves at the following address: mabro France, 10, Rue des Poiriers - F-88110 RAON ON PLAIN within 3 working days of receipt of the goods.
If the customer has not had the opportunity to check the condition of the package, he has a period of 10 days after receipt to indicate his reserves
Any complaint made outside these deadlines can not be accepted.

mabro France agrees to refund or exchange products that do not comply with the order. The customer will send in writing (mail to info [@] mabro-toys.com or registered mail with acknowledgment of receipt to mabro France, 10, Rue des Poiriers - F88110 RAON ON PLAIN) within 15 days of delivery. The customer will present the reasons of the name conformity of the products ordered thus his choice between the refund or the exchange. Any claim made outside this period can not be accepted.
In case of request for exchange by the customer, the procedure established in article 9 below must be duly respected, mabro France will communicate the procedure to follow.
In all the cases referred to in the present article 8, the return of the products will be able to be accepted only for the complete products, in their state of origin (packing of origin, note, accessories ...). In these cases, the return costs will be reimbursed by mabro france.

Article 9 - Right to retract
In accordance with Articles L.221-18 and following of the Consumer Code, the customer has a period of 14 days from the conclusion of the contract or the receipt of his article to exercise his right of withdrawal without having to justify his decision or to bear other costs, except for return costs which are at his expense.
The period runs from the receipt of the last item delivered.
To exercise his right of withdrawal, the customer informs mabro france of his decision to retract by sending by mail "the declaration of withdrawal", clearly indicating his desire to retract before the expiry of the period of 14 days.
The customer can send a mail by post:
mabro france
Mr. Brosch
10 Rue des Poiriers
F-88110 Raon on Plain France
The customer can send an email to:
info [@] mabro-toys.com
Mabro France acknowledges receipt, without delay, of the withdrawal of the customer by e-mail.
Without "the declaration of retraction" mabro France considers the invalid retraction invalid.
The customer has 14 working days from the communication of his decision to retract to return his item to mabro france, the cost of return being borne by the customer.
The customer must return his item to the address listed above.
The customer will be reimbursed for all amounts paid, including delivery charges, no later than 14 days from the date on which mabro France is informed of the customer's decision to retract.
If the customer has chosen a more expensive delivery method than the standard delivery method, only the standard delivery amount will be refunded.
The refund may be deferred until recovery of the goods or until the customer has provided proof of shipment of the goods.
The refund will be made by bank transfer to the customer's account.
In accordance with Article L.221-23 of the French Consumer Code, mabro France may be held liable for any depreciation of the product resulting from handling other than that necessary to establish its nature, characteristics and proper functioning. . To establish the nature, the characteristics and the proper functioning of the product bind it must only handle it and inspect it in a way that would also be allowed in store. The customer must handle and inspect the article, during the withdrawal period, with all necessary precautions.
In accordance with Article L. 221-27 of the Consumer Code, the exercise of the right of withdrawal of a main contract automatically terminates any accessory contract unless the accessory contract has been executed before the end of the withdrawal period.

Article 10 - Security
In the case of a payment by credit card, he must transmit his credit card number, depending on the type of card, the expiry date thereof and the cryptogram number (3-digit number on the back of the card). Bank card).
Mabro France guarantees that the payment is secured by encryption S.S.L. (Secure Socket Layer) so as to protect as effectively as possible all the data related to the means of payment. The company guarantees that the means and services of cryptology used to secure transactions have been the subject of an authorization or a declaration in application of the legislation in force.
In the case of payment by card, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Client and the issuer of the card and between the company and its banking institutions apply, in accordance with the Article 132-4 of the Monetary and Financial Code.
If the only method of payment is a payment by credit card, the final validation of the order occurs as soon as full payment (except special provisions) of this one.

Article 11 - Intellectual property
All texts, comments, works, illustrations, images and photographs, trademarks and databases reproduced and integrated on the site www.mabro-toys.com are protected, for the whole world, under the title of intellectual property and law copyright.
As such and in accordance with the provisions of the Code of Intellectual Property, only the use for private use is permitted. Any total or partial reproduction of the site www.mabro-toys.com.com is strictly prohibited.

Article 12 - Warranty and after sales service
Legal guarantees
mabro France is to respect the warranty developed in the French laws of articles L.217-4 and following of the code of consumption and articles 1641 of the civil code.
When you assert your rights of legal guarantee of conformity, you benefit from a delay of two years from the delivery of the property to act, you choose between the repair or the replacement of the product, subject to the conditions of cost envisaged by Article L. 217-9 of the Consumer Code, you are exempted from reporting evidence of the lack of conformity of the property during the 6 months following the issue of the product.
You can decide to implement the warranty against hidden defects of the product sold by appealing to 1641 of the civil code. In this case, you can choose between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the civil code.

Article 13 - Waste treatment
mabro France informs the customer that the products sold on the site www.mabro-toys.com do not present any risk to health.
The customer can throw in the garbage bin or in the sorting bins of his municipality the products arrived at the end of their life.
Wooden toys are oiled and can be composted or recycled.
Recyclable cardboard packaging can also be composted or recycled.
mabro France joins CITEO, a French organization for sorting and recycling and reducing the environmental impact of packaging and paper.
The membership number of mabro France is 527721.

Article 14 - Customer service
For any question, information or complaint about products and services (question about the follow-up of the order ..) mabro France makes available to its customers
- video and explanatory notes on the operation and assembly of toys (ball circuit, spinning tops, etc.)
- a follow-up of the deliveries on line via the parcel number (if available) delivered by mail, directly on the site of the provider (the post office, colissimo, DHL or other ...)
- a telephone service where the customer can leave a message at any time
- an email address where the customer can ask a question
- a postal address, at the headquarters of mabro in the Vosges where the customer can address his question (mabro France, 10, Rue des Poiriers - F-88110 RAON ON PLAIN France)

Article 15 - Disputes
These GTC and the online sales contract are subject to French law.
In case of dispute or claim, the customer must contact the service cleints mabro france to find an amicable solution. For any contact, refer to Article 14 above.
The European Commission has set up a dispute resolution platform to collect potential consumer complaints following an online purchase for subsequent transmission to the relevant national ombudsmen. Access to the platform.
In the absence of amicable agreement between the parties, the dispute will be submitted to the French courts.

Article 16 - Information
mabro France, 10, rue des Poiriers - F-88110 RAON SUR PLAINE, is responsible for the processing of your data for the purpose of managing requests and customer relations and after-sales service. This treatment is based on the contract linking mabro France to the customer.
On the basis of its legitimate interest, mabro France may also use this data for the purpose of statistical analysis and improvement of its customer knowledge.
These data will be kept for a period of three years from the end of the business relationship.
You can exercise all the rights you have under the law called " Data privacy " by writing to mabro france - 10, Rue des Poiriers - F 88110 RAON SUR PLAINE or by mail to info [at] mabro-toys.com
For more information on your personal data, see the " Legal notice".
The customer can oppose cookies by disabling this function, for this refer to the tab " Legal notice".

The occurrence of an unpaid due to the fraudulent use of a credit card will result in the registration of contact details in connection with the customer order associated with this unpaid, within a payment incident file implemented by mabro France. An irregular declaration or an anomaly may also be the subject of a specific treatment. mabro france reserves the right to use this information to refuse an order that would present a risk level too high.
In accordance with Articles L.223-1 of the French Consumer Code, if the customer no longer wishes to be contacted by telephone, he may at any time enter his telephone number on the list of opposition to canvassing via the website www.bloctel.gouv.fr.

Article 17 - Confirmation of the order
To order, the customer follows the different stages of order scrolling on the site https://www.mabro-toys.com. The establishment of the desired items in the basket, the identification of the customer (new account or existing account), the terms and conditions of delivery and payment and the finalization of the order by its confirmation.
The link will receive an order confirmation email to the address he has indicated in his account.
This order confirmation email is sent automatically via the website https://www.mabro-toys.com and represents a summary of the products ordered, the delivery and billing address, the method of payment chosen (bank details IBAN and BIC) will be mentioned in the order confirmation email.
Warning: it is advisable to check if the confirmation email is in spam or spam. Similarly, if the customer has accidentally entered an invalid email address, the customer will not receive confirmation email.

Article 18 - Payment
The order is payable in full on the day of the order, unless otherwise agreed with the customer.
In case of deferred payment, the total amount of the order must be paid no later than the date indicated on the invoice.

Update of the conditions of sale and delivery: 16-01-2019