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General terms and conditions of sale

 

Preamble/ Identity of the seller/ Access to professional and commercial rules (if applicable)

 

The preamble recalls the purpose of the general terms and conditions of sale. It also makes it possible to recall, if necessary, that certain products for sale on the site are subject to special conditions of sale. The preamble also provides information on the professional and commercial rules to which the seller intends to comply, if applicable.

 

These conditions include the following information:

 

The means of reproduction and archiving of these conditions
The legal mentions of the Ma Fontaine website
The general terms and conditions of use of the Ma Fontaine website
The essential characteristics of the proposed goods
The different steps to follow for the conclusion of the online contract
Technical means of identifying and correcting errors made during data entry
The proposed languages
The terms and conditions for archiving and access to the contract
The means of consulting the professional and commercial rules to which the seller intends to comply
Legal and contractual guarantees
Delivery times, costs and terms of delivery
Monitoring of delivery and costs of remote communication techniques


The price
Payment methods and security methods
Details on how to exercise the right of withdrawal,


The duration of the contract and the validity of the price.

 

Last updated on July 19, 2018
To consult the old versions, click here

 

Mafontaine.com is a service of Aqua Pyrénées International
Head Office: 48 Bd Rector Jean Sarailh, 64000 - PAU
RCS : RCS PAU 489 889 428 000 32 
Tel: +33 (0)5 59 59 92 17 17 17
Fax: +33 (0)5 59 40 40 18 55
E-mail: contact@mafontaine.com

 

 

It is specified in advance that these conditions exclusively govern sales, by credit card, cheque or bank transfer on the Internet of mafontaine.com.

 

If applicable (If there is a''physical'' shop) 


These conditions apply to all sales made from this site, to the exclusion of all other conditions, in particular those in force for in-store sales.

These conditions are intended for a consumer who has full legal capacity. These conditions apply to all orders you place on this site.

We do our best to satisfy you. On this site, we present you all the essential characteristics of the goods. We will be attentive to the comments you send us (click here to access the heading ''contact us'')

 

The characteristics presented (photos, descriptions, etc.) are based on information provided by the manufacturers. It is possible that the photos are not contractual.

These general conditions are presented in French.


We operate as a seller and are not subject to any particular professional rules.


1 The different steps to follow for the conclusion of the online contract

1.1 Ordering
On the Internet: https://www.mafontaine.com

You make your selection by browsing the pages of our site. Your selections are added to your shopping cart when you click on''add this product to the shopping cart''. At any time during your navigation on our site, you can validate your order by clicking on''validate my order''.

You can also order:

By telephone on 05 59 59 92 17 17 17 from metropolitan France.
Monday to Thursday from 8:30 am to 1 pm and from 2 pm to 6 pm and Fridays from 8:30 am to 1 pm


1.2 Contract Validation
When you click on''confirm my order'', a confirmation message appears. It summarizes all the products and options selected.
You must check in this order form all the information transmitted, and in particular all the elements useful for delivery (delivery address, digicode, telephones...)
If you do not have to modify the form, you must read these terms and conditions. If you accept them, you must tick the box "I have read the general terms and conditions of sale and I accept them without reservation".
To continue your order, you must click on''pay for my order''.
After payment on our secure server ( see''payment''), an acknowledgement of receipt is displayed. He confirms the registration of your order and informs you that an electronic confirmation message will be sent to you as soon as possible.

Ma Fontaine reserves the right to refuse an order for the same product from a certain quantity (5 pieces). If you have any questions, do not hesitate to contact our sales department, which will be able to help you.

 

1.3 Technical means of identifying and correcting errors
You have the option at any time to identify and correct any errors you may have made when entering your data. If you notice an error after the conclusion of the contract, you must contact us (click here to access the heading''contact us'')

 

2. The terms and conditions for archiving and access to the contract
We will archive contracts, purchase orders and invoices on a reliable and durable medium.
You have the right to communicate these documents for orders of 120 € or more.

 

3. Legal and contractual guarantees

 

3.1 Legal guarantees
In accordance with the legal provisions in force relating to the conformity of the goods with the contract, in terms of hidden defects (available in Appendix 1 at the end of these general conditions), we will refund, repair or exchange any product that is apparently defective, damaged or damaged or does not correspond to your order.
We will also reimburse you for all return costs upon presentation of supporting documents.


3.2 Contractual guarantees
Products purchased on mafontaine.com may be covered by a manufacturer's warranty (usually 1 year).
In case of a problem or breakdown, you can contact us to find out what to do (click here to access the''contact us'' section) or contact the manufacturer's after-sales service.
You must keep your purchase invoice in order to benefit from your warranty.

 

3.3 Liability
We do our best to satisfy you. We are responsible for the proper execution of these general conditions Nevertheless, our liability cannot be engaged due to a fortuitous event, a case of force majeure, an unforeseeable and insurmountable event of a third party to the contract or due to the non-compliance of the product with foreign legislation in the event of delivery in a country other than France.

 

4. Delivery times, costs and terms of delivery

 

4.1 Delivery terms and conditions
We will deliver the products to the address indicated in the order form.

 

4.2 Delivery time
We will deliver to you no later than the date indicated in the order confirmation message.

In case of delay in delivery, we will inform you by e-mail as soon as possible and we will propose a new date.

In the event of unavailability of the ordered product, we will inform you as soon as possible. We will offer you a product of an equivalent quality or price.

 

4.3 Delivery costs
Delivery costs are 9.90€ for small accessories and products, 19.90€ for watercoolers.
Free shipping for orders over 400€.

 

4.4 Monitoring of delivery
You can contact us by phone for any question related to your delivery (click here to access the heading''contact us'')

 

5. The price
The prices of our products are indicated in euros all taxes included (French VAT and other applicable taxes). They include in particular the costs of processing your order.
If you request delivery outside French territory, your order may be subject to possible taxes and customs duties when it arrives at its destination.
The payment of these duties and taxes is your responsibility and we invite you to contact the competent authorities in your country. You must also check the possibilities of importing or using the products you order from us in the country of destination.

 

6. Payment methods and security methods

We only collect your payment at the time of shipment. You can therefore freely cancel your order as long as it is not given to our carrier for shipment. As soon as your order is delivered for shipment, an e-mail message informs you that we will collect you.

 

6.1 Means of payment
You have several payment methods to pay for your purchases on mafontaine.com
- Either by credit card: Visa, Mastercard, Carte bleue

Payment is made on the secure bank servers of our PayZen partners. This means that no banking information about you is transmitted via our site.

Payment by credit card is therefore perfectly secure; your order will be recorded and validated as soon as the payment is accepted by the bank you have chosen.

- Either by PayPal:
With PayPal your financial information is never communicated to mafontaine.com. Indeed, PayPal encrypts and protects your card number. Pay online by simply entering your email address and password.

- By bank/postal cheque made payable to AQUA PYRENEES INTERNATIONAL and sent to the company's head office as indicated at the top of these general terms and conditions.

If payment by cheque, we will only ship your order as soon as we receive payment.


6.2 Security
Payments via our website are subject to d´un security system. We have adopted the SSL (Secure Soket Layer) protocol to encrypt credit card details. To protect you against possible intrusion, we do not store credit card numbers on our computer servers. Credit card numbers are processed by Banque Courtois, which returns us a number d´autorisation.

 

7. Satisfied or refunded: modalities for exercising the right of withdrawal
In accordance with legal provisions, within 14 days of receipt of your product, you can exercise your right of withdrawal. You do not have to justify any reasons or pay any penalty. With the exception of the return costs, which remain at your expense, we will refund all sums paid within 30 days of your withdrawal at the latest. On our proposal, you can also opt for another method of reimbursement.
For any return, the product must be in its original condition, including packaging and all components.

 

8. The duration of the contract and the validity of the price.
Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of products on sale on mafontaine.com.
The products remain the sole property of Aqua Pyrénées International until Aqua Pyrénées International has received the full price.
Our price offers are only valid within the double limit of the validity period of the offer concerned and the available stocks.
Our offers of goods and prices are valid if they appear online on the site on the day of the order

 

9. Applicable legislation/ Competent jurisdiction
These conditions are subject to French law.
In the event of a dispute on the substance or form, the French courts shall have sole jurisdiction

 

10. Contact us/ after-sales service
If you wish to contact us, our customer service is at your disposal:
For information on our offers or to place an order: By phone on 05 59 92 17 17 17 from mainland France. Monday to Thursday from 8:30 am to 1 pm and from 2 pm to 6 pm and Fridays from 8:30 am to 1 pm

To follow the execution of an order, to exercise your right of withdrawal or to invoke the guarantee: we provide you with a telephone number indicated in your order confirmation e-mail.

Form: Customer Service

You will be able to track the progress of your order online via your customer account.


11. Personal information

We collect your personal information for the management of your orders and the follow-up of our commercial relations. They may be forwarded to our partners exclusively for the execution of your orders, in accordance with these general conditions
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, delete, rectify and oppose any personal data concerning you. All you have to do is write to us online at Customer Service or by post at Aqua Pyrénées International; 48 Bd Rector Jean Sarailh, 64000 - PAU, indicating your full name, e-mail address, address and if possible your customer reference.

 

Article 13 - Applicable law and mediation


These GTC are governed by and subject to French law.

Unless otherwise provided by public policy, any disputes that may arise in connection with the execution of these General Terms and Conditions may, before any legal action is taken, be submitted to the Site Publisher for assessment with a view to amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for initiating legal proceedings. Unless otherwise provided by public policy, any legal action relating to the execution of these GTC shall be subject to the jurisdiction of the courts of the jurisdiction of the place where the defendant is domiciled.

 

Mediation of consumption

According to article L.612-1 of the Consumer Code, it is recalled that "every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the trader shall guarantee to the consumer the effective use of a consumer mediation mechanism.

In this respect, YAC'HUS RETURN TO NATURAL offers its Consumer Customers, in the event of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:

Mediator of the Medici approved mediation centre Médicys
contact@medicys.fr
http://www.medicys.fr/index.php/consommateurs/
It is recalled that mediation is not mandatory but only proposed in order to resolve disputes by avoiding recourse to justice.

 

 

Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity

 

Article L211-4 
The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.

 

Article L211-5
To be in conformity with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular 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 attention of the seller and accepted by the latter.

 

Article L211-6 
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.

 

Article L211-7
Lack of conformity which becomes apparent within six months of delivery of the goods shall be 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 alleged lack of conformity.

 

Article L211-8
The buyer is entitled to demand that the goods comply with the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted it. The same shall apply where the defect has its origin in the materials supplied by him.

 

Article L211-9
In the event of lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

 

Article L211-10-10
If repair and replacement of the property is not possible, the buyer may return the property and have the price returned or keep the property and have part of the price returned.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for the latter given the nature of the property and the use it seeks.
However, the sale may not be cancelled if the lack of conformity is minor.

 

Article L211-11-11
The provisions of Articles L. 211-9 and L. 211-10 shall be applied at no cost to the buyer.
These same provisions do not prevent the award of damages.

 

Article L211-12-12
The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods.

 

Article L211-13 
The provisions of this section do not deprive the buyer of the right to bring an action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognised by law.

 

Article L211-14 
The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.

 

Appendix 2: Provisions of the Civil Code concerning the guarantee against hidden defects

 

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

 

Article 1642
The seller is not liable for any apparent defects that the buyer may have convinced himself of.

 

Article 1643
He is liable for hidden defects, even if he did not know them, unless, in this case, he has stipulated that he will not be bound by any guarantee.

 

Article 1644
In the case of Articles 1641 and 1643, the buyer has the option of returning the thing and having the price returned to him, or of keeping the thing and having part of the price returned to him, as it will be arbitrated by experts.

 

Article 1645
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 towards the buyer.

 

Article 1646
If the seller is 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
If the thing that had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in the two previous articles.
But the loss that occurs as a result of a fortuitous event will be for the buyer's account.

 

Article 1648
The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of any apparent defects or lack of conformity.

 

Article 1649
It does not take place in sales made by judicial authority. 

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