TERMS OF SALES
Any confirmation of an order entered on the website http://www.AvenueMac.fr materializes your acceptance of all of these general conditions of sale. Also, you are strongly recommended to read it before any order confirmation. At the same time, each time you place an order, you will be reminded of the essential conditions of your order and you will be asked to confirm them.
By ordering on the site http://www.AvenueMac.fr , you acknowledge having the full capacity to commit yourself under these terms and declare that the acquisition of these products is intended for private use.
The general conditions of sale are valid for the duration necessary for the supply of the subscribed goods, until the expiration of their guarantees.
2. OFFER AND AVAILABILITY OF PRODUCTS
2.1 Product offers and their prices are subject to change at any time and are valid as long as they are visible on the site, while stocks last.
2.3 If all the products comply with French law and regulations, it is up to you to assess their compatibility conditions with their use, installation and with the complementary products already in your possession. This assessment is essential before any order insofar as, apart from the rules relating to the withdrawal period, no product will be exchanged or reimbursed for personal convenience.
2.4 To ensure the availability of our products with regard to all of our customers, we reserve the right to refuse to honor all or part of an abnormal appreciated order having regard to the quantities of products usually ordered by a consumer . Likewise, we reserve the right to refuse any order from a customer with whom there is or has existed a dispute over payment of a previous order.
3. THE ORDER
In order to purchase one or more products presented on http://www.AvenueMac.fr , we invite you to fill your basket by selecting the products of your choice. When finalizing an order, we offer delivery to your home or collection point.
3.1 To place an order, you are invited to follow the different ordering steps scrolling through the site, namely:
- product selection by placing it in the basket by clicking on the "Add to basket" tab
- the terms of delivery by specifying your contact details and the choice of delivery
- payment terms
- and the finalization of the order by the mention "validate the payment" after which the "confirmation" section summarizes the order thus made.
We particularly draw your attention to the method of acceptance of the order placed on the website http://www.AvenueMac.fr . The checkbox "I accept the general conditions of sale", validating the order is equivalent to "electronic signature" and is equivalent to a handwritten signature. This "click" constitutes your irrevocable and unreserved acceptance of the order.
3.2 You will receive by e-mail all information relating to your order. You can also follow the processing of your order in your member area. We recommend that you save it on digital media, in particular for warranty purposes.
3.3 In the event of unavailability of the ordered product (s), you will be informed and if necessary you will be offered either a partial delivery, a product with equivalent characteristic or a complete cancellation of the order. If you do not wish to wait for this provision or in the event of definitive unavailability of the product or products ordered, the order will be canceled and the sums already paid will be re-credited within 30 days on the initial payment method or refunded by check or bank transfer.
4. ONLINE PAYMENT
To allow you to make your payment securely, we use the SSL (Secure Socket Layer) encryption process which encrypts all your personal data at the time of entry. To be sure that at the time of the transaction a secure connection is activated, we recommend that you check the http: // of the address of our site becomes https: //, the "s" meaning security.
5. TERMS OF DELIVERY
5.1 THE DIFFERENT MODES OF READING
Depending on the type and weight of the products, we may offer one or more of the following delivery methods:
- delivery by letter followed,
- delivery to collection points,
- home delivery,
- express home delivery.
For your information, the cost of the delivery service depends on the nature and weight of the product.
As soon as your order is confirmed and the products ordered are being dispatched, you will receive an e-mail entitled "Shipping of your order by our carrier", specifying the delivery terms. It should be taken into account that the delivery of packages to carriers is only made on working days.
5.1.1 DELIVERY IN FOLLOWED LETTER (LA POSTE)
Only for small goods. Bubble envelopes returned to mailbox. Delivery is usually made within 48 working hours for delivery in mainland France
5.1.2 DELIVERY OR PICK-UP
If you chose this delivery method when ordering, your product will be available from the Mondial Relay collection point closest to your address among more than 6000 local shops (dry cleaning, press, florist, etc.) available in mainland France. and Belgium.
You are informed of the availability at Point Relais by sending an email and an SMS. From the arrival of your package, the merchant then keeps it at your disposal for 14 days. The address of your collection point as well as its opening hours are specified during your order as well as on the delivery confirmation that you receive by email.
The transfer of custody (and risks) of the product takes place when you sign the delivery slip and the product is returned to you at the collection counter.
5.1.3. HOME DELIVERY
In case of home delivery, delivery will be provided by the carrier Colissimo. The delivery is done by hand or in your mailbox. In case of absence and if the size of the package does not allow delivery to the mailbox, the package will be made available at the post office to which you are attached.
5.1.4. EXPRESS HOME DELIVERY
In the case of express home delivery, delivery will be provided by our transporter Chronopost. Delivery is by hand against signature. In case of absence and if the size of the package does not allow delivery to the mailbox, the package will be made available at the nearest proximity point and to which you are attached. You are notified by email or SMS of the place where your order will be placed. In the absence of withdrawal of your package within 7 days, the package will be returned.
5.2 If you do not collect the product at the end of these periods due to absence or failure to deliver, we will reserve the right to recover it. After a telephone or e-mail contact with you, we will agree together:
- either cancel the order and AvenueMac will then reimburse the product by credit to your bank account within 30 days, minus the transport costs remaining your responsibility,
- or to re-send the product to the delivery address with the new shipping costs at your expense.
5.3 We draw your attention to the fact that it is your responsibility to assess the feasibility of delivery. In other words, the place of delivery must be easy to access, the name must correspond to that indicated on your mailbox and / or doorbell. If applicable, you will be held solely responsible for any default in delivery due to a lack of information when ordering.
5.4 COMMON PROVISIONS
5.4.1 Upon delivery to a collection point, you will be required to present an identity document (national identity card, passport, driving license, residence permit). This verification is intended to ensure that the person picking up the ordered product is indeed the one who ordered it or is the recipient of it. During home delivery, the person occupying the premises and welcoming the delivery person will be presumed to be authorized to receive the order.
5.4.2 When making the ordered products available (home delivery or collection point), you are invited to check the conformity of the products ordered by unpacking them before the delivery driver leaves or when you leave the collection point . The conformity of the order means the presence of the products (and its accessories, their adequacy compared to the order and their apparent condition. If necessary, you are also invited to make any reservations which appear justified, or even to refuse the package if it is likely to have been opened or if it shows signs of deterioration These reservations must be notified on the delivery slip and this before any signature because this implies acceptance of the goods delivered and presumes of the conformity of the delivery with the order. These reserves allow, if necessary, to preserve the recourse against the carrier. In such a case, you are also invited to confirm these reservations by e-mail within 24 working hours following the reception of the products ordered, and this at the following address: firstname.lastname@example.org During this notification of non-compliance to AvenueMac , you will be invited to specify your requests: delivery date with regard to the order (especially in the absence of an ordered product), - refund or exchange. However, we reserve the right not to proceed according to your choice in the event of impossibility, in particular if the product is no longer in stock. In this case, depending on your choice, we will reimburse you or make an exchange for a product with similar characteristics. In all cases the shipping costs will be at our expense.
5.4.3 We remind you that apart from your right of withdrawal (for home deliveries or pick-up), no product is taken back for personal convenience, also being understood for non-compatibility of the product.
5.4.4 AvenueMac cannot be held responsible for the consequences due to a delay in delivery inherent in a case of force majeure. The maximum shipping time is 30 days. In the event of a delivery delay of more than 7 days, the order will not be canceled automatically. AvenueMac will notify you by phone call or email. You can thus decide to cancel the order. In the event that the order has not been dispatched upon receipt of your cancellation notice, delivery will then be blocked and you will be reimbursed for the amounts debited within the following 30 days. In the event that the order has been dispatched, you will always have the option of canceling the order by refusing the package. In this case, AvenueMac will reimburse the products and return costs within 30 days of receiving the return of the refused package in its original condition.
In the event that you decide to maintain your order despite the delay in delivery, AvenueMac will in no case reimburse the shipping costs.
6. WITHDRAWAL TERMS
6.1 In accordance with the provisions of the Consumer Code, as a consumer customer, you have a period of 14 working days from the day of delivery of your order or of its free withdrawal from the store, to return any item not not suiting you, in its original packaging, complete with all accessories in good condition, suitable for re-marketing, accompanied by the purchase invoice and requesting reimbursement without any costs, except for costs return which are your responsibility.
Products returned incomplete, without being accompanied by the purchase invoice, damaged or soiled will be refused or will be the subject of a recovery accompanied by a discount.
Likewise, returns are not accepted for computers, touch pads, smartphones when the operating software has been activated.
6.2 When you have ordered a product followed by a delivery (at home or at a collection point) and you wish to exercise your right of withdrawal, we advise you to photograph the product, before shipment, so in the event of a dispute with the carrier that you will have chosen, to demonstrate your good faith on the condition of the product returned.
Your refund on the payment method used when placing your order within a maximum period of 14 days from the date on which our customer service is informed of your decision to withdraw. In accordance with article L 221-24 of the consumer code, we can defer the reimbursement until recovery of the products (in the state and conditions defined above) or until you have provided us with a proof of the shipment of these goods, the date chosen being that of the first of these facts.
In accordance with article L 221-23 of the consumer code, your responsibility can be engaged in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of these goods. In this case, we reserve the right to make a discount on the refund of your product.
7. GENERAL GUARANTEE CONDITIONS
7.1 LEGAL WARRANTY
Article L217-4 of the Consumer Code:
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility [...] ”.
Article L217-5 of the Consumer Code:
"The goods comply with the contract:
1 ° If it is suitable for the use normally expected of similar goods and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
Article L217-12 of the Consumer Code:
"The action resulting from the lack of conformity lapses two years after delivery of the goods".
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lesser price, if he had known them ”.
Article 1648 paragraph 1 of the Civil Code:
"The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect".
LEGAL GUARANTEE OF CONFORMITY
When acting as a legal guarantee of conformity, the consumer:
- Has a period of two years from the delivery of the goods to act;
- Can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L 217-9 of the Consumer Code;
- Is exempt from reporting proof of the existence of the lack of conformity of the goods for six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may be granted.
Reminder: The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and in this case, he can choose between the resolution of the sale or a reduction in the price of sale in accordance with article 1644 of the Civil Code.
7.2 The AvenueMac commercial warranty
This warranty applies free of charge for a period of 2 years to any new electrical appliance (except accessories, consumables and refurbished products) purchased by a consumer and used for domestic use in the territory of mainland France, affected by a defect detrimental to its proper functioning and originating from an internal phenomenon.
7.2.1 Exclusion of the commercial guarantee, the following are not covered:
- DEVICES FOR WHICH THE PURCHASE INVOICE CANNOT BE PRESENTED DURING EACH INTERVENTION OR FOR WHICH THIS DOCUMENT IS RATURE AND / OR ILLEGABLE;
- DEVICES WHOSE SERIAL NUMBER AND / OR REFERENCES HAVE BEEN REMOVED, MODIFIED OR ILLEGAL;
- ACCESSORIES AND PERIPHERALS, AS WELL AS CONSUMABLES AND WEAR PARTS DEFINED AS IN THE MANUFACTURER'S MAINTENANCE BOOKLET, SUCH AS: CABLES, CONNECTIONS, BATTERIES, BATTERIES, ADDITIONAL CARDS, BAGS, CASES
- DAMAGE CAUSED BY AN EXTERNAL CAUSE OF THE APPLIANCE (IN PARTICULAR BREAKAGE, SHOCK, FALL, SCRATCHES, etc.).
- OF USE HARMFUL TO THE GOOD STORAGE OF THE DEVICE (OXIDATION, CORROSION), OF USE OR OF INSTALLATION OR OF CONNECTION NOT CONFORMING TO THE REQUIREMENTS OF THE MANUFACTURER OR OF NEGLIGENCES OR OF THE USE OF PERIPHERALS, SOFTWARE OR UNSUITABLE CONSUMABLES
- AESTHETIC DAMAGE.
- THE MATERIAL AND INTANGIBLE DAMAGE CONSEQUENTIAL TO THE FAILURE OF THE DEVICE (DISORDER OF ENJOYMENT, LOSS OF CONTENT OF DEVICES, SUCH HARD DISCS, COMPUTERS, ETC…).
- FAILURES RESULTING FROM THE USE, MAINTENANCE, SERVICING AND / OR CLEANING OF THE INSURED DEVICE (OR ONE OR MORE OF ITS CONSTITUENT ELEMENTS) NOT CONFORM TO THE INSTRUCTIONS OF THE INSTRUCTIONS FOR USE AND 'MAINTENANCE OF THE MANUFACTURER;
- FAILURES RESULTING FROM A MODIFICATION NOT AUTHORIZED BY THE MANUFACTURER OF THE INSURED DEVICE, ORIGINAL CHARACTERISTICS OF THE INSURED DEVICE OR OF A PROGRAM;
- BREAKDOWNS RESULTING FROM AN UNAUTHORIZED CHANGE OF PROGRAM, PARAMETER OF DATA;
- FAULTS THAT RESULT FROM A MALFUNCTION OF SOFTWARE, UPDATES OR OPERATING SYSTEMS;
- EXPENSES (PARTS, WORKFORCE, TRAVEL AND TRANSPORT) AND CONSEQUENCES OF REPAIRS MADE TO THE INSURED DEVICE AND NOT PERFORMED BY A TECHNICAL STATION MANDATED BY AVENUEMAC;
- FAILURES RESULTING FROM AN ELECTRICAL INSTALLATION TO WHICH THE INSURED DEVICE IS CONNECTED DOES NOT RESPECT THE NF C 15-100 STANDARD;
- INDIRECT INJURY, FINANCIAL OR NOT, SUFFERED BY THE BENEFICIARY DURING OR FOLLOWING A LOSS;
- THE DIRECT OR INDIRECT CONSEQUENCES OF THE DESTRUCTION OR LOSS OF DATABASES, FILES, OR SOFTWARE, DURING OR FOLLOWING A LOSS.
- RECOVERY AND REINSTALLATION OF DATABASES, FILES, OR SOFTWARE, FOLLOWING A LOSS.
- PROBLEMS CAUSED BY VIRUSES INTRODUCED INTO THE APPARATUS;
- FAILURES RESULTING FROM AN INTENTIONAL OR DOLOSIVE FAULT;
The customer must make his personal business of the regular backup of the data contained on his hard disk or in the internal memory of his device, and this before any deposit of this one to the after-sales service. AvenueMac cannot be held responsible for the loss or destruction of stored data or for damage to software resulting in particular from a restoration or a breakdown.
The above provisions may in no case reduce or delete: the legal warranty referred to below, and the manufacturer's contractual warranty, if it exists.
7.2.2 Validity of the commercial guarantee
The application of the commercial warranty is subject to the presentation of the purchase invoice and the communication of the serial number of the device. All repairs must be carried out by an after-sales service approved by AvenueMac, under penalty of nullity of the guarantee. In accordance with article L217-16 of the Consumer Code, when the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.
7.2.3 Possible disputes
In case of difficulties in the application of this contract, the buyer has the possibility, before any legal action to seek an amicable solution with AvenueMac
It is recalled that the search for an amicable solution does not interrupt the short periods of the legal warranty or the duration of the commercial warranty. It is recalled that as a general rule and subject to the discretion of the courts, compliance with the provisions of this contract relating to the commercial guarantee presupposes: that the buyer honors his financial commitments to the seller, that the buyer uses the 'device in the normal way (*), and that, for operations requiring high technicality (*), no third party not approved by the seller or the manufacturer intervenes for repair on the device (except in cases of force majeure or prolonged default of the seller).
(*) See product use and maintenance manual.
7.3 WARRANTY EXTENSIONS
The provisions of the above articles apply to paid warranty extensions.
8. CUSTOMER SERVICE
For any question, information or complaint, our customer service is at your disposal:
- by email for any question relating to:
> tracking your order,
> a withdrawal or non-conformity of the product after its purchase,
> the implementation of guarantees in the event of a breakdown,