General terms of online sale

The present conditions of sale are concluded on the one hand by SAS JEMADE with a capital of 30,000 euros whose head office is located at 96 avenue de la République in Paris (75) registered at the register of trade and companies of Paris under the number88177848400017 - contact@maradji.com +33766668708, hereafter called Maradji, and on the other hand, by any natural person or legal entity wishing to proceed to purchase via the website of Maradji, hereafter called the buyer.

Article 1. Object

These conditions of sale are intended to define the contractual relationship between Maradji and the buyer, and the conditions applicable to any purchase made through the merchant site of Maradji, whether the buyer is a professional or simple consumer. The acquisition of a good or service through this site implies an unreserved acceptance by the buyer of these terms and conditions of sale. These conditions of sale will prevail over any other general or special conditions not expressly approved by Maradji. Maradji reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.

Article 2. Characteristics of goods and services offered

The products and services offered are those listed in the catalogue published in the site of Maradji. These products and services are offered within the limits of available stocks. Each product is accompanied by a description drawn up by the supplier; for some of them, the buyer may have access to the supplier's documentation. The photographs in the catalogue are as faithful as possible but cannot ensure a perfect similarity with the product offered, especially with regard to colours.

Article 3. Tariffs

The prices in the catalogue are inclusive of all taxes in euros and take into account the VAT applicable on the day of the order; any change in the rate may be passed on to the price of the products or services. Maradji reserves the right to change its prices at any time, however, it is understood that the price listed in the catalogue on the day of the order will be the only one applicable to the buyer. The prices indicated include the cost of processing orders, but do not include shipping and delivery costs.

Article 4. Geographical area

Maradji delivers its products all over the world. The delivery and returns policy are detailed in the eponymous section. Shipping costs include a contribution to the costs of preparation and packaging as well as postage. The amount of these fees is indicated in the "basket" section and is subject to the buyer's approval before the validation of each order. For shipments outside Europe, all possible customs fees remain the responsibility of the buyer.

Article 5. Orders

The buyer, who wishes to buy a product or a service must obligatorily:

fill in the registration form on which he/she will indicate all the requested information
validate his/her order after having checked it
make the payment in the conditions provided;
confirm his order and his payment.

Confirmation of the order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation to avail oneself of one's own terms and conditions of purchase or other conditions. All the data provided and the recorded confirmation will serve as proof of the transaction. The confirmation will be equivalent to a signature and acceptance of the operations carried out. The seller will communicate by e-mail the confirmation of the registered order.

Article 6. Withdrawal

Buyers, non-professional physical persons, benefit from a thirty day retraction period from the receipt of their order to return the product to the seller for exchange or refund without penalty, except for the possible return costs. When free returns are available, each order can only be returned free of charge. Returned items must be in its original condition, with all their accessories (storage pouches. . . )

You can exchange your item with a similar item or get a refund. An exchange can only be made for the same model (size change only), and therefore cannot give rise to a partial refund if the price of the model has been changed since the initial order. In the event of a refund request for an item contained in a set, the amount credited will be calculated solely by taking into account the initial price of the item(s) kept.

Refunds will be made within 14 days maximum after receipt of the customer's request for withdrawal, to the credit card or Paypal account used at the time of purchase. However, this refund may be deferred until receipt of the returned item (Article L221-24 of the Consumer Code). In case of refund, please make sure that the payment method used for the order is still valid. Otherwise, please send your bank details to contact@maradji.com.

The exercise of the right of retraction is carried out either via the customer account by using the Return module, or by using and returning the form below, to the following address: SAS JEMADE-96 avenue de la République-75011 Paris or contact@maradji.com

For the attention of SAS JEMADE - 96 avenue de la république, 75011 Paris, France - contact@maradji.com

I hereby notify you of my withdrawal from the contract for the following sale:

Order number ……….(web order number) placed on ……….(date of order) and/or received on ……….(date of delivery).

Returned items are as follows:

Article 1: Reference or name ………. Quantity: ……….

Article 2: Reference or name: Quantity:

Article 3: Reference or name:………. Quantity:……….

Name of the Consumer Customer:
Address of the Consumer Customer :

Date:

Signature of the Consumer Customer: (only if this form is notified on paper)

Article 7. Terms of payment

The price is due at the time of the order. Payments will be made by credit card; they will be made through the Hipay secure system which uses SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can read it during transport on the network. The buyer's account will be debited after validation of the order. An invoice showing VAT is available at any time in the buyer's account, or on request.

Article 8. Deliveries

Deliveries are made to the address indicated in the order, which can only be within the agreed geographical area. Deliveries are made by Colissimo, Chronopost, DHL or Mondial Relay, from Monday to Saturday.

Deliveries by Colissimo are without a signature, deliveries by Chronopost or DHL are in exchange for a signature.

Delivery times depend on the option chosen by the customer at the time of validation of his order; if they exceed thirty days from the order, the contract of sale may be terminated and the buyer reimbursed. In order to meet the deadlines, the customer must ensure that the information provided is correct. Maradji delivers within 12 working days for a delivery in metropolitan France, and 20 working days for international deliveries. These times may be increased in the case of a pre-order.

Return or exchange policy: Returned items must be in new condition, accompanied by all accessories (storage pouches, etc. ).

You have 30 days after receipt of the package to return your items if you do not like them or if the size does not suit you. You will be able to exchange your item with a similar item or get a refund. An exchange can only be made for the same model (size change only), and therefore cannot give rise to a partial refund if the price of the model has been changed since the initial order. In the event of a request for a partial refund of an order that has benefited from a step-by-step reduction in the overall basket, the amount credited will be calculated solely by taking into account the percentage of reduction obtained by the item(s) retained.
In the event of a request for a refund of an item contained in a box, the amount credited will be calculated solely by taking into account the initial price of the item(s) kept. Write to us at contact@maradji.com to find out how to proceed. Refunds will be made within 14 days maximum after receipt of the customer's request for withdrawal, to the credit card or Paypal account used at the time of purchase. However, this refund may be deferred until receipt of the returned item (Article L221-24 of the Consumer Code). In case of refund, please make sure that the payment method used for the order is still valid. Otherwise, please send your bank details to contact@maradji. com.

Article 9. Guarantee

All products supplied by the seller benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In the event of nonconformity of a product sold, it may be returned to the seller who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made within thirty days of delivery. All our articles pass a quality test. You still have 1 year after receipt of the package to write to us if there is a manufacturing defect. The guarantee does not take into account the damage caused by clumsiness or abuse by the customer.

Limitation of liabilities

The liability of SAS JEMADE with regard to any product purchased on the site is strictly limited to the purchase price of the latter. SAS JEMADE will in no case be responsible for the following losses, regardless of their origin:

loss of benefits or sales
loss of revenue
loss of profits or contracts
loss of expected savings
loss of data
loss of work time or management
damage to the image
loss of chance, and in particular ordering a product moral prejudice.

The documents, descriptions and information relating to the products appearing on the site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law.

SAS JEMADE does not provide any guarantee concerning any damage that could be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise deteriorate a computer's functionality or to hinder its proper functioning, including any transmission resulting from a download of any content made by the Client, the software used by the Client to download the content, the site or the server that provides access to it. In this regard, the customer acknowledges that it is its liability to install appropriate anti-virus and security software on its computer hardware and other devices to protect them from any bugs, viruses or other such programming routines that may be harmful.

The customer acknowledges that he assumes all risks associated with any content downloaded or otherwise obtained through the use of the site and agrees that he is solely responsible for any damage to his computer system or loss of data resulting from the download of such content. SAS JEMADE is only obliged to deliver products that comply with the contractual provisions. Products are considered to be in conformity with the contractual provisions if the following conditions are met:

(i) they must conform to the description and possess the characteristics set out on the Site

(ii) they must be suitable for the purposes for which products of this kind are generally designed

(iii) they must meet the criteria of quality and resistance which are generally accepted for products of the same kind and which may reasonably be expected.

In addition, SAS JEMADE guarantees the consumers of the defects of conformity and hidden defects for the Products on sale on the Site under the following conditions:

Legal guarantees

All the products on sale on the Site benefit from the legal guarantee of conformity (as defined in the articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in the articles 1641 and following of the Civil Code), allowing the Customer to send back without expenses the products delivered defective or not in conformity.

Legal guarantee of conformity

Article L217-4 of the French Consumer Code: "The seller is required to deliver a good that conforms to the contract and is responsible for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been entrusted to him by the contractor has been carried out under his responsibility".

Article L211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:

Be fit for the use usually expected of a similar good and, where appropriate: correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer in the form of a sample or model; have the qualities which a buyer may legitimately expect in the light of public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter".

Article L211-7 of the French Consumer Code: "Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery unless there is evidence to the contrary. For goods sold second-hand, the period mentioned in the first paragraph of this Article shall be reduced to six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked".

Article L211-9 of the Consumer Code:« In the event of a lack of conformity, the buyer 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 which is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then bound to proceed, unless it is impossible, according to the method not chosen by the buyer. »

The same faculty is open to him: If the solution requested, proposed or agreed in the application of article L. 211-9 cannot be implemented within one month following the buyer's complaint; Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the good and the use he is seeking. However, the sale may not be rescinded if the lack of conformity is minor. "

Article L211-11 of the Consumer Code: "The application of the provisions of articles L. 211-9 and L. 211-10 is free of charge for the buyer. These same provisions do not preclude the awarding of damages. "

Article L211-12 of the French Consumer Code: "The action resulting from the lack of conformity is time-barred after two years from the date of delivery of the goods ».

Legal guarantee of conformity

Article L211-5 of the Consumer Code:

"To be in conformity with the contract, the good must:

1. Be fit for the use usually expected of a similar good and, where appropriate: correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling ;

2. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter".

Article L211-7 of the French Consumer Code: "Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery unless proven otherwise. For goods sold second-hand, the period mentioned in the first paragraph of this Article shall be reduced to six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked".

Article L211-9 of the Consumer Code: "In the event of a lack of conformity, the buyer 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 which is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then bound to proceed, unless it is impossible, according to the method not chosen by the buyer. "

Article L211-10 of the Consumer Code: "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: If the solution requested, proposed or agreed upon in application of article L.211-9 cannot be implemented within one month following the buyer's complaint; Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the good and the use he is seeking. However, the sale may not be rescinded if the lack of conformity is minor. «

Article L211-12 of the French Consumer Code: "The action resulting from the lack of conformity is time-barred after two years from the date of delivery of the goods". Warranty against hidden defects

Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price if he had known about them".

Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice to return the thing and get the price back, or to keep the thing and get part of the price back. «

Article 1645 of the Civil Code: "If the seller was aware of the defects of the thing, he is liable, in addition to the restitution of the price he received, for all damages to the buyer".

Article 1646 of the Civil Code: "If the seller was unaware of the defects of the thing, he will only be required to return the price and reimburse the buyer for the costs incurred by the sale".

Article 1647 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".

Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within 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 foreclosure, within one year from the date on which the seller can be discharged from the apparent defects or lack of conformity".

Within the framework of the legal guarantee of hidden defects, SAS JEMADE, at the choice of the Customer, commits, after evaluation of the defect:

Either to reimburse the totality of the price of the returned Product,
Or to reimburse a part of the price of the product if the Customer decides to keep the product.

Exclusion of warranties

Excluded from warranty are products modified, repaired, integrated or added by the Customer. The warranty will not apply to apparent defects. The warranty will not cover Products damaged during transport after Delivery or due to misuse.

Terms and conditions of implementation of the guarantees:

Under the legal guarantee of conformity, the customer:

(i) has a period of two years from delivery of the goods to act;

(ii) may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;

(iii) is exempt from having to provide proof of the existence of the lack of conformity of the goods during the two years.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

For any request concerning the legal guarantees, the Customer must then contact Customer Service on contact@maradji. com or by telephone on +33781347071.

These provisions are not exclusive of the right of withdrawal defined in Article 9 above.

Consequences of the implementation of legal guarantees :

Within the framework of the legal guarantee of conformity, SAS JEMADE, commits itself, at the choice of the Customer: either to replace the Product by an identical product according to the available stocks or to refund the price of the Product if the replacement of a Product was impossible. Within the framework of the legal guarantee of hidden defects, SAS JEMADE, according to the choice of the Client, undertakes, after evaluation of the defect: either to reimburse the totality of the price of the returned Product or to reimburse part of the price of the Product if the Client decides to keep the Product.

Force Majeure: In the event of the occurrence of an event of force majeure preventing the execution of these GCS, SAS JEMADE informs the client within fifteen days from the occurrence of this event, by email or by registered letter with acknowledgement of receipt.

Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, the act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.

All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the event of force majeure lasts more than three months, the transaction concerned can be cancelled at the request of SAS JEMADE or of the client without any indemnity on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.

Article 10. Responsability

The seller, in the process of selling online, is only bound by an obligation of means; its liability cannot be held liable for any damage resulting from the use of the Internet network such as data loss, intrusion, viruses, disruption of service, or other unintended problems.

Article 11. Intellectual property

All elements of the Maradji website are and remain the exclusive intellectual property of Maradji. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site, whether material, software, visual or audio

Article 12. Personal data

In accordance with the law relating to data processing, data files and liberties of January 6th, 1978, information of a nominative nature relating to the purchasers may be the subject of automated processing. Maradji reserves the right to collect information on buyers including the use of cookies, and, if desired, to transmit to business partners the information collected. Buyers may object to the disclosure of their contact information by notifying Maradji. Similarly, users have the right to access and rectify data concerning them, in accordance with the law of 6 January 1978. The customer has the possibility to subscribe to an opposition list to telephone canvassing. The automated processing of information, including the management of the e-mail addresses of the site's users was the subject of a declaration to the CNIL on November, 10th 2015, registered under the number 1903848V0.

Article 13. Archiving - Proof

Maradji archivera les factures sur un support fiable et durable constituant une copie fidèle conformément aux dispositions de l’article 1348 du Code civil. Les registres informatisés de Maradji seront considérés par les parties comme preuve des communications, commandes, paiements et transactions intervenus entre les parties.

Article 14. Litigation resolution

These online sales conditions are subject to French law. In the event of a dispute, jurisdiction is attributed to the competent courts notwithstanding plurality of defendants or appeal in warranty. In case of a complaint not resolved amicably by the customer service, the customer can contact free of charge the Medycis mediation service to which Maradji is a member. He or she may contact the company by e-mail at https://app.medicys.fr/ or by post: MEDICYS -73 boulevard de Clichy-75009 Paris.