TERMS AND CONDITIONS (T&C’s)
Madaok-shop.com (hereinafter the “Website”) is published by the company MADOAK with a registered office situated 34 rue Saint-Romain – 69008 Lyon, France, registered with the Lyon Company and Trade register under no. 844585620, with an intra-community VAT no. FR84844585620.
1. GENERAL PROVISIONS
The general terms and conditions of sale ( hereinafter the “T&C’s” ) detailed below apply to any individual consumer ( hereinafter the “Customer”) visiting the website or placing orders for products ( hereinafter the “Products”) on the Website.
Prior to ordering anything (the “Order”) from the website, the Customer is required to read the Terms and Condition of Sale that are available on the website.
These T&C’s are subject to French law applicable regardless of the Customer’s country of residence and the place of conclusion of the contract.
These T&C’s have been drawn up in French for all due intents and purposes. They have been translated into English in order to facilitate the understanding of the document, but they are of no legal value, only the French text shall prevail in the event of a dispute.
Any order signed by the Customer by “double click” constitutes an irrevocable acceptance which can only be challenged within the limits set out in these general terms and conditions of sale. The “double click” associated with the authentication and non-repudiation procedure and the protection of message integrity is an electronic signature. This electronic signature has a value between the parties in the same way as a handwritten signature (Law of March 13, 2020 on electronic signature). Before placing any order, the Customer is required to accept all provisions of T&C’s.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. A confirmation email summarizing the order (products, prices, product availability, quantity, etc…) will be sent to the client by MADOAK. For this purpose, the client formally accepts the use of email to receive confirmation of the content of their order from MADOAK.
MADOAK reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order.
In case of dispute over the payment a previous order, MADOAK reserves the right to refuse or cancel the Customer’s Order.
By accepting the T&C’s, the Customer declares that he/she is of legal age in his/her state or province of residence and has the legal capacity to contract.
Violation of any of the conditions will result in the immediate termination of your Customer account.
2. PRODUCT AVAILABILITY AND DELIVERY
We ship our Products worldwide. We work with several carriers such as Chronopost, Colissimo, Mondial Relay and Relais colis.
Shipping costs are at the expense of the Customer.
The price paid by the client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the client to the carrier
In accordance with MADOAK’s ethical production policy, the shipping date of the Products differs:
- The Products which are in stock will be shipped within 2-4 days;
- The Products which are available for pre-order will be shipped within 1-2 weeks;
Other exclusive deadlines may be announced on a case-by-case basis directly on the relevant Product page on the website.
The standard delivery time is between 3 and 5 days in Metropolitan France and between 5 and 15 days for the rest of the world.
If the production of one or more pre-ordered Product(s) is impossible after the order has been finalised, the Customer will be notified by email. The total value of the Customer’s order shall be recalculated to take into account the missing Products and the Customer shall only be charged for the available items, or partially refunded in the event that the withdrawal has already been made. MADOAK cannot be held responsible for any prejudice suffered by the Client, nor be liable for any damages.
In case of impossibility to deliver the products due to an incorrect delivery address or to the Customer’s failure to collect the Order from the selected collection point, MADOAK shall not be held responsible for the impossibility to deliver the Products, no reshipment shall be made and the Customer shall be reimbursed within a maximum period of 14 days following the date of receipt of the returned Order by MADOAK.
IMPORTANT NOTICE: Please pay attention to the conditions of the package upon reception and, if it is not in perfect conditions, write immediately the defects next to the signature on the reception documents given by the carrier. This is the only way we have to be able to open a formal complaint with the carrier.
In case of damaged packages (already opened, missing products…), the Customer must notify MADOAK, by any means, of all the reservations within 3 days of receipt of the Product.
MADOAK cannot be held responsible for the consequences due to a delay in delivery that are not caused by MADOAK.
3. PRICE AND PAYMENT TERMS
MADOAK reserves the right to change its prices at any time, but the Products will be invoiced on the basis of the prices in effect at the time of registering the order.
Each offer communicated by MADOAK on its website or by any other means is valid under the conditions communicated in the offer. No discount is cumulative.
Full payment must be made at the time the order is placed.
The Customer pays for his/her order by credit card (Visa, Eurocard/Mastercard) and with his Paypal account. The communication by the Customer of his/her credit card number shall be deemed to be an authorisation for MADOAK to debit his/her account up to the total amount of the products ordered.
100% safe purchase is guaranteed. Each payment will be made through a secure data encryption procedure, so that no data or information transmitted by the Customer is disclosed or used by third parties. The Customer may at his discretion save the bank details of his transaction for next purchases. In this case, he will have to save his payment certificate on his own.
4. PRODUCT RETURNS AND REFUNDS
1. Product return
The customer can exercise his right to return one or more Products within 30 calendar days following delivery. The Customer must send a statement that formally and unambiguously expresses his/her wish to return the product(s) and details the reasons for the return, by email at the following address: firstname.lastname@example.org. MADOAK will reply to the Customer as soon as possible. Then the Customer will have further 30 calendar days to return the goods to MADOAK by Registered Mail. The cost of return is borne by the customer.
The Product will be refunded or exchanged only if it is returned in its original packaging, clean, unworn and undamaged. If the Product(s) is (or are) not returned within the time limits or in the conditions specified above, the return will not be considered valid.
In the case of a refund, MADOAK will recredit the amount of the returned Product(s) to the Customer’s bank account within 14 days after receiving the returned Product. Repayment will be made through the same payment means used to pay the Order.
2. Defective product return
If the Product is defective, the Customer may return it at MADOAK’s expense and receive a new one within the limits of available stocks. In case of unavailability of a Product ordered, the Customer will be informed as soon as possible. The customer will then have the option to be reimbursed the amount of the order within 14 days of his/her payment of the order or to exchange the product.
No additional compensation or other commercial gesture shall be claimed by the Customer. The Customer is required to systematically inform MADOAK of the reasons for the return of the defective Product(s) (for example: damaged or missing product, package arrived open), within 30 calendar days after receiving the package. The Customer shall only benefit once from free returns, regardless of the number of Products involved. For any additional request, the shipping costs will be fully charged to the Customer.
5. PRODUCTS GUARANTEES
MADOAK is only required to deliver Products which comply with the contractual provisions. Products are considered as compliant if the following conditions are fulfilled :
- They shall conform to the description and have the features mentioned on the Website;
- They shall be in compliance with the uses which may reasonably be expected of them;
- They shall comply with the quality and resistance standards which may reasonably be expected of similar products.
MADOAK shall not be held liable for any bodily and/or material and/or immaterial damage that may result from the use of Products present on the Site. MADOAK is not the manufacturer of the products. All the the products are distributed under the sole responsibility of their manufacturers and used under the sole responsibility of the Customer.
Similarly, MADOAK shall not be liable in the event of a conflict between the Customer and a partner site or brand.
MADOAK has only an obligation of means for all stages of access to the Website, from the order process to the dispatch of the parcel or subsequent services. MADOAK cannot be held responsible for any event qualified as force majeure in accordance with the law and jurisprudence.
7. FORCE MAJEURE
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt.
Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
8. CUSTOMER SERVICE
For any information or question, the Customer can contact MADOAK through the contact form or at email@example.com.
9. PERSONAL DATA AND COOKIES
All your information collected on the MADOAK website is only used in the context of your effective business relationship with MADOAK. This information is never shared with third parties nor resold. Only MADOAK staff have access to this information which may also be used for commercial or marketing operations or as a basis for studies and analyses.
MADOAK does not store any bank details. Transactions are processed entirely by PayPal or Stripe.
Customer passwords are stored “encrypted” and cannot be decrypted. They are therefore secure.
The information and data collected by MADOAK at the time when the Customer places an order are necessary for order management and commercial relations. MADOAK saves Customer data for up to three years.
In accordance with the applicable law in force, the Customer has the right to oppose, access and rectify personal data concerning him/her. The Customer may demand that any information about him/her that is inaccurate, incomplete or outdated or whose collection, use or communication is prohibited be modified, completed, clarified or deleted.
To assert this right, the Customer simply needs to send his request by email to firstname.lastname@example.org or via the contact form “CONTACT”.
10. INTELLECTUAL PROPERTY
The content of the Website (technical documents, drawings, photographs, etc.) remains the full and entire property of MADOAK, the sole owner of the intellectual property rights on this content.
Customers shall not make any use of this content; any full or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
No tolerance, inaction or inertia on the part of MADOAK shall be construed as a waiver of its rights under the T&C’s.
12. MEDIATION – APPLICABLE LAW – COMPETENT JURISDICTION
The sale of the Products is subject to French law.
If you wish to make a complaint to MADOAK please contact our customer service by email at email@example.com or by using the contact form.
In accordance with the provisions of the Consumer Code concerning “the mediation process for consumer disputes”, the Customer has the right to use the mediation service offered by MADOAK. The mediator thus proposed is MEDICYS.
This mediation department can be reached:
- through its website: www.medicys.fr;
– or by mail: MEDICYS – Centre de médiation et règlement amiable des huissiers de justice – 73 boulevard de Clichy, 75009 Paris, FRANCE.
Any consumer dispute that cannot be settled successfully may be referred to the mediation service.