Website : General terms and conditions of sale
ARTICLE 1 – APPLICATION OF THE GENERAL CONDITIONS
The present General Terms and Conditions of Sale (GTCS) apply, in accordance with the provisions of article L 441-6 of the French Commercial Code, without restriction or reserve to all sales and services concluded by the Company MAE («The Seller») with professionals acting within the framework of their commercial, industrial or craft activities («The Customers» or «The Customer»), wishing to acquire the products offered for sale by the Seller («The Products») by immediate purchase or by placing an order. The GTC may be differentiated according to the categories of purchasers of Products or applicants for services. In this case, the prescribed disclosure obligation relates to the general terms and conditions of business applicable to product purchasers or service applicants of the same category. The general terms and conditions of sale constitute the sole basis for commercial negotiation. No special condition may, unless formally accepted in writing by the Seller, prevail over the GTC. When a quotation is drawn up by the Seller or a contract is concluded, it constitutes the special conditions that modify or complete the present GTC and hereinafter referred to individually as the («Document»). Validation of the order and signature of the Document by the Customer shall constitute acceptance without restriction or reservation of these General Conditions of Sale. These GTC are systematically communicated to any Customer prior to the immediate purchase or the placing of an order and will prevail, if necessary, over any other version or any other contradictory document. These GTC may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force at the date of the immediate purchase or the placing of the order. These GTC shall remain in effect until the date of validity of the quote or purchase order. In the case of a fixed-term or open-ended contract, the Document will specify, in the first case, the duration of the contract and, in the second case, the terms of termination.
The fact of placing an order implies the Customer’s full and unreserved acceptance of these general terms and conditions of sale.
The Customer must refer to the description of each Product in order to know its properties and essential characteristics. The choice and purchase of a Product or Service is the sole responsibility of the Customer. Product offers are subject to availability. Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
These General Terms and Conditions of Sale apply to direct sales to Customers to the exclusion of all other conditions or by means of other distribution and marketing channels.
ARTICLE 2 – ORDER TAKING – CANCELLATION – PRICE
Only orders placed in writing by a Customer can be usefully invoked by him.
The management reserves the absolute right not to follow up on an order, or to cancel an order that the company would be technically unable to honor in the rules of art,
with regard to newly received details, without the prospect or the Customer being able to claim any compensation whatsoever. The customer is definitively committed, as soon as an order is issued or a quote or contract is signed. The signature of a «bon à tirer», drawing of the part and the acceptance of a validation part modify and complete the characteristics of the product described on the order form placed. The Customer may not refuse the products delivered by the Seller if they are in conformity with the drawing, the part plan and the validation part.
Only the technical characteristics of the Product contained in the Document, the drawing of the part and the validation part have contractual reference value, to the exclusion of
to the exclusion of data appearing in any other document (catalogs, brochures, website documentation, etc.).
No cancellation, even partial, of an order can intervene without the express agreement of the Seller. The latter reserves the right to claim a cancellation indemnity as well as the payment of any goods already supplied and any work already carried out.
The Products are supplied at the price in effect at the time of validation of the order by the Seller. The prices are in Euros and are ex warehouse
packaging included, V.A.T. and all other taxes (in particular customs) not included, which must be paid in addition. In the event that the Customer imports or exports one or more Products, he shall comply with all applicable export and/or import regulations and obtain all authorizations or taxes required by the legislation of the countries concerned.
Packaging and shipping costs, the amount of which may be modified at any time and without notice, shall be borne by the Customer. Prices may be modified at any time without notice by the Seller, but the Products shall be invoiced to the Customer on the basis of the rates in effect at the time of order registration.
The prices invoiced shall take into account the V.A.T. applicable in France on the date of the order and any change in the applicable rate of V.A.T. shall be automatically reflected in the price of the Products invoiced. The Products remain the property of the Seller until full payment has been received, regardless of the date of delivery of the Products. On the other hand, the transfer of the risks of loss and deterioration of the Seller’s products will be carried out as soon as the Products are handed over to the carrier.
ARTICLE 3 – TRANSPORT
Transport costs are always borne by the Customer, packaging is invoiced and not taken back – unless otherwise expressly agreed in writing. The goods are always transported at the recipient’s risk. The Customer’s attention is drawn to the need to take out any insurance and, if necessary, to make any reservations against the carrier by registered mail within the legal time limits.
It is the Customer’s responsibility to ensure that the delivery location indicated is accessible by truck and that delivery is possible. If the carrier is confronted with a problem of access or congestion of the place of delivery not provided for in the delivery conditions, the additional costs will be charged to the Customer. The Customer must only accept a parcel if the outer packaging shows no trace of shock. Upon receipt of the order, the Customer is required to check the condition of the packaging, the number and content of the packages, as well as the condition of the products upon delivery. Consequently, any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged packaging, broken products… ) will have to be noted by the Customer in the form of clear, precise and complete handwritten reserves on the delivery/transportation order, and this in the presence of the carrier, the carrier and the Customer will date and sign the reserves issued. In case of refusal to sign the reserves on the part of the carrier, the Customer must also stipulate this in writing on the delivery note. In addition, and in accordance with Article L 133-3 of the French Commercial Code, the Customer must confirm the anomaly by sending a registered letter with acknowledgement of receipt to the carrier within three days of delivery in order to confirm the said claims. Within 48 hours of delivery, the Customer must also confirm these claims by registered mail to the address of the Seller’s Customer Service. The Customer is reminded that failure to follow this procedure scrupulously and to respect the deadlines will result in the irrevocable rejection of any request to open a file on non-conformity, so that no further recourse will be allowed against the Seller. The duration of the acceptance or verification procedure shall not have the effect of increasing the duration or shifting the starting point of the maximum payment period provided for hereinafter.
Moreover, the refusal of the products on delivery by the Customer may be considered as abusive if the Customer cannot justify the reality of the anomalies invoked on his delivery note (Bl) and on his transport note. In the event of abusive refusal of the products, the Seller may claim compensation from the Customer for any inconvenience caused by the refusal of the Products.
ARTICLE 4 – DELIVERY – EXECUTION : TIME LIMIT
Deliveries are made only according to availability and in the order of arrival of orders. The delivery or execution deadlines are indicated in the particular conditions (offer, estimate, order confirmation), as precisely as possible but are subject to the Seller’s supply, manufacturing and transport possibilities. Exceeding the indicative deadlines shall not give rise to damages, withholding or cancellation of orders in progress.
The following are considered as cases of force majeure discharging the Seller from its obligation to deliver: wars, riots, fire, floods and other natural events, strikes and other labor disputes, accidents, the impossibility of being supplied with goods, materials or energy, and in general, any event beyond the Seller’s control or usually recognized by jurisprudence.
In any event, timely delivery shall be possible only if the Customer is current with its obligations to the Seller, regardless of the cause.
The delivery period shall not begin to run until the Customer’s file is deemed to be complete, which implies in particular compliance with the payment of any down payments and the submission of the technical elements necessary for the execution of the order.
ARTICLE 5 – STUDIES – PROTOTYPES – TOOLS – INTELLECTUAL PROPERTY
The studies and prototypes made by the Seller and delivered to the customer remain the property of the Seller. They may not be used or communicated to third parties without written authorization from the Seller.
The price of the tooling does not include the intellectual property on this tooling.
The Customer acknowledges that all data, images, photographs, texts, comments, works, illustrations and pictures reproduced on the Seller’s website and documents or sent to the Customer, including in particular product sheets, print orders, part drawings and technical comparisons made available by the Seller, remain the full and exclusive property of the latter.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute the offence of counterfeiting. They are reserved under the copyright as well as under the intellectual property and this, for the whole world. As such, and in accordance with the provisions of the Intellectual Property Code, only the use for private use for the internal use of the Customer subject to different and even more restrictive provisions of the Intellectual Property Code is authorized.The Customer is therefore prohibited without prior written authorization from the Seller:
(i) to duplicate, copy, print or publish these data, images, photographs and texts and, more generally, to use them for any commercial purpose;
(ii) not to proceed to any extraction of these data, images, photographs and texts;
(iii) to use these data, images, photographs and texts as a basis for the elaboration of catalogs or other marketing tools;
The Customer acknowledges the exclusive rights of the Seller and agrees not to make any use of them.
Furthermore, the Customer undertakes not to do anything that might create any confusion between him and the Seller vis-à-vis third parties and in particular vis-à-vis his own customers and consequently undertakes not to make any reference to the Seller in his communications to third parties and more generally not to do anything that might engage the Seller’s liability vis-à-vis third parties.
In the event that the Customer wishes to withdraw the tooling, the Customer undertakes to pay, by way of compensation, an indemnity for design and development costs. This compensation will be equivalent to the original invoice. Any tooling modification requested by the customer will be subject to a quotation and will only be carried out on firm order.
ARTICLE 6 – COMPLAINTS – RETURNS
Any claim on the quantities delivered must be made within 48 hours from the date of receipt of the goods.
Complaints about the characteristics, the weight of the Products delivered, or their possible non-conformity with the shipping note, must be sent by mail with acknowledgement of receipt to the seller within 48 hours following the delivery as indicated in article 3 above.
In the absence of a complaint within the applicable time limit and in the prescribed form, the Customer shall be deemed to have accepted the Products without reservation, which shall prohibit any recourse.
No goods may be returned without the prior agreement of the Seller. In this case, the goods shall be returned at the Customer’s expense. In the event of return without prior agreement, the Product shall be held at the disposal of the Customer, who may be charged a storage fee without this resulting in the transfer of risks to the Seller.
ARTICLE 7 – WARRANTY
The Seller does not grant any guarantee of non-stick and longevity of the product, the application of which has been agreed upon with the Customer, and after conclusive testing, in the presence of a new product. Likewise, the Seller does not guarantee the product and the non-stick coating :
if the defective material or design originates from the Customer,
if the defect results from an intervention or misuse by the Customer or a third party,
if the problem results from negligence or malice, or from a lack of storage, conservation and cleaning by the Customer,
if the defect is due to force majeure,
The seller reserves the right to verify the origin of the anomaly alleged by the Customer. The Customer undertakes to keep at the disposal of the Vendor, or the representative or agent appointed by him, the offending product, for a period of thirty (30) days from the date of receipt of the complaint by the Vendor’s management. For supplies not manufactured by Seller, the warranty is limited to that which Seller has with its own suppliers. The Seller shall not be liable to the Customer for loss of profit, personal injury or damage to property other than the object of the contract.
If the Customer is a professional of the same specialty as the Seller, the Customer expressly waives the application of the legal warranty for hidden defects as specified in Article 1641 et seq. of the Civil Code. Furthermore, no claim relating to a lack of conformity of the Products sold will be accepted, in the absence of a claim within the aforementioned time limits or if, during the aforementioned time limit, the Products have been used even though an apparent defect appeared at the time of receipt. Any warranty is excluded in case of misuse, modification or non-conforming use of the Product, negligence or lack of maintenance, as well as in case of normal wear and tear of the Product, accident or force majeure repair of damage resulting from an external cause to the Product (e.g., accident, shock, lightning, current fluctuation, oxidation, presence of sand…). In any case, the warranty is exclusively limited to the pure and simple replacement of the Product that the seller will have recognized as non-conforming or to the refund of the Products.
The Vendor shall not be liable for any compensation for immaterial damages such as loss of production, operating loss, loss of opportunity, loss of data, financial or commercial loss or other damages that would be the direct or indirect consequence of the damages suffered as a result of the use or failure of the goods delivered.
ARTICLE 8 – PAYMENT CONDITIONS – PLACE
The products and services are payable as follows:
full payment of the tooling costs when the order is placed,
deposit of 30% of the products and services at the time of order,
balance of products and services within 30 days of the invoice date, for each delivery.
These conditions can only be modified by written agreement of both parties.
Minor reservations mentioned on the receipt of goods do not authorize the Customer to withhold any sum whatsoever, pending full compliance. The deposit initially paid will be deducted from the amount due for the last delivery.
No discount will be granted even in case of payment at the time of order.
ARTICLE 9 – LATE OR NON-PAYMENT – PENALTIES
In the event of late payment, the Vendor may suspend all orders in progress, without prejudice to any other course of action.
Any delay in payment may, in the absence of regularization within 8 days of a formal notice sent by registered letter with acknowledgement of receipt, lead to the application of a late payment penalty at a minimum rate of three (3) times the legal interest rate in force on the due date.
Late payment penalties are payable without the need for a reminder. Any Customer in default of payment shall be liable to the Vendor for a fixed indemnity for amicable and/or judicial collection costs equal to 20% of the sums outstanding as from the date of the aforementioned formal notice, the minimum amount of which shall not be less than 40 Euros. When the collection costs incurred are higher than the amount of this fixed compensation, the Seller may request additional compensation, upon justification. However, the Seller shall not be entitled to claim the benefit of these indemnities when the opening of a safeguard, recovery or judicial liquidation procedure prohibits the payment of the debt when due.
payment of the debt owed to it.
In the event of non-payment, 8 days after formal notice has remained unfruitful, the sale shall be terminated by operation of law, if the Vendor sees fit, and the Vendor shall be entitled to demand the return of the Products at the Customer’s expense, without prejudice to any other damages. The termination shall apply not only to the order in question that has not been paid by the debtor in good standing, but also to all previous unpaid orders, whether delivered or not, and whether or not payment is due. In the event of payment by bill of exchange, failure to return the bill of exchange within the stipulated period shall be considered as a refusal to accept it, which shall be deemed to be a default in payment.
When payment is made in instalments, the non-payment of a single instalment will result in the immediate payment of the entire debt, without formal notice.
In all of the foregoing cases, any sums due for other deliveries, or for any other reason, shall become immediately payable if the Seller does not opt to cancel the corresponding orders.
Under no circumstances may payments be suspended or offset in any way without the prior written consent of Seller.
Any partial payment shall be applied first to the non-preferential part of the debt, then to the amounts that are due the earliest.
Payment shall be deemed to have been made when Seller has full ownership of the funds against the sale. This is the moment when the Seller’s bank account is definitively credited, or when the cash payment is made.
ARTICLE 10 – RETENTION OF TITLE
The transfer of ownership of the products is suspended until full payment of the price of the products by the Customer, in principal and accessories, even in the event of the granting of payment deadlines. Any clause to the contrary, in particular inserted in the general terms and conditions of purchase, shall be deemed unwritten and unenforceable against the Seller, which the Customer expressly accepts and acknowledges. By express agreement, the Seller may enforce its rights under this retention of title clause with respect to any of its claims on all Products in the Customer’s possession, which shall be presumed by agreement to be unpaid, and the Seller may take back or claim them as compensation for all its unpaid invoices, without prejudice to its right to terminate orders in progress.
Seller may also require, in the event of non-payment of an invoice when due, the termination of the sale after sending a simple formal notice. Likewise, the Seller may unilaterally, after sending a formal notice, draw up or have drawn up an inventory of its Products in the possession of the Customer, who undertakes, from now on, to allow free access to its warehouses, stores or others for this purpose, ensuring that the identification of the company’s products is always possible.
In the event of the opening of a collective procedure of the Customer, the orders in progress will be automatically cancelled subject to the specific provisions of public order relating to the contract in progress envisaged with the articles of the Book VI dealing with the difficulties of the companies of the Commercial code. In the event of the opening of a procedure referred to in Book VI of the Commercial Code, the Seller reserves the right to claim the goods in stock from any administrator and/or judicial representative. The Customer undertakes to participate actively in the establishment of an inventory of the goods in its stock and of which the Seller claims ownership. Failing this, the Seller shall have the right to have the inventory established by a bailiff, at the expense of the Customer.
In the event of damage to the goods sold and not fully paid for, the insurance indemnity shall be subrogated to the destroyed goods up to the amount still due. If the resale is authorized, the initial Customer undertakes to inform his own purchaser of the retention of title clause weighing on the good and of the right that the Seller reserves to claim the sale price in his hands. The Customer shall refrain from reselling, processing or incorporating the delivered Products as of the date of the judgment declaring the suspension of payments, subject to the provisions to the contrary set forth in the preceding paragraph. The Seller may prohibit the Customer from reselling, processing or incorporating the goods in the event of late payment.
In the event of non-payment and unless the Seller prefers to request full performance of the sale, it reserves the right to terminate the sale after formal notice and to claim the goods.
In the event of non-payment and unless the Seller prefers to request full performance of the sale, he reserves the right to terminate the sale after formal notice and to reclaim the goods delivered, the costs of return remaining at the expense of the Customer and the payments made being acquired by him as a penalty clause.
The delivery of a title creating an obligation to pay, draft or other, does not constitute a payment in the sense of the present article. Until complete payment of the price, the customer will not be able to give the products in pledge, nor to exchange them, nor to transfer them in property as guarantee. In the event of partial payment, this will be charged first to the
penalties, interest and the least long-standing claims.
This retention of title clause shall not prevent the risk in the Products from passing to the Customer as soon as they leave the Seller’s storage area. As of that date, the Customer shall be constituted as the custodian and guardian of the said goods.
The Customer thus assumes responsibility for any damage that these goods may suffer or cause, for any reason whatsoever, including during transport. It is the Customer’s responsibility to take all necessary measures and to insure the goods accordingly.
ARTICLE 11 – DATA PROCESSING AND FREEDOM
The information communicated is essential for the processing and delivery of orders, as well as the establishment of invoices, their absence leads to the cancellation of your order. The Customer authorizes the Vendor to collect, process, use and communicate to its contractual partners involved in the execution of the orders the information concerning him.
In accordance with the law n°078-17 of January 6, 1978 » Data processing and Freedoms «, the collection and the treatment of the personal data are the subject of a
declaration to the Commission Nationale de l’Informatique et des Libertés (CNIL). The Customer may at any time make a request to the Vendor’s Customer Service Department to oppose such communication, or to exercise his or her rights of modification, access and rectification with regard to the information concerning him or her that appears in the Vendor’s files.
Within the framework of the contractual relationship, the Customer accepts the sending by e-mail of information within the framework of specific and punctual promotional operations organized by the Vendor or within the framework of the contractual relationship. The Customer may request to no longer receive these e-mails at any time by clicking on the link provided for this purpose and inserted in the footer of each e-mail sent to him or by contacting the Seller’s Customer Service Department.
The Customer may express his request by mail or e-mail to the following address
MAE
Limited liability company with a capital of 81,864 Euros
Zone Industrielle BOIS DE PLANTE,
8 rue Amelia Earhat
37770 La Ville-aux-dames – France
RCS Tours 394 887 798
Tel : +33 (0)2 47 67 90 32 – Fax : +33 (0)2 47 67 90 31
ARTICLE 12 – COMPETENT COURTS
The present GTC are subject to French law. The language of this contract is French. This is the case for the rules of substance as well as for the rules of form.
In order to find a solution to any dispute that may arise in the execution of the present General Terms and Conditions of Sale or in the context of the Special Terms and Conditions of Sale, the contracting parties agree to meet within 15 days of receipt of a registered letter with acknowledgement of receipt, notified by one of the two parties. If at the end of this meeting, the parties are unable to agree on a compromise or a solution or if this meeting cannot take place within this period, the dispute will be submitted to the jurisdiction designated below.
All disputes to which the present General Terms and Conditions of Sale or within the framework of the Special Terms and Conditions of Sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, will be submitted to the competent courts of the Tribunal de Commerce de PARIS, even in the event of summary proceedings, appeal under guarantee, cross-appeal, plurality of defendants, and without the jurisdictional clauses that may exist on the Customer’s documents being able to prevent the application of the present clause.
CGV ONLINE STORE
Company
Company name with a capital of 81 864 €.
Head office : ZI Bois de Plante – 8 bis rue Amelia Earhart 37700 La Ville-aux-Dames – France.
SIREN NUMBER : 394 887 798
APE : 2229B
VAT NUMBER : FR
Name of the website : www.mae-innovation.com
Director of the publication : Philippe de Vogüé
APPLICATION OF THE GENERAL CONDITIONS
The present General Terms and Conditions of Sale (GTCS) apply, in accordance with the provisions of article L 441-6 of the French Commercial Code, without restriction or reserve to all sales and services concluded by the Company MAE («The Seller») with professionals acting within the framework of their commercial, industrial or artisanal activities («The Customers or the Customer»), wishing to acquire the products offered for sale by the Seller («The Products») by immediate purchase or by means of placing an order. The GTC may be differentiated according to the categories of purchasers of Products or applicants for services. In this case, the prescribed disclosure obligation relates to the general terms and conditions of sale applicable to the purchasers of products or applicants for services of the same category. The general terms and conditions of sale constitute the sole basis for commercial negotiation. No special condition may, unless formally accepted in writing by the Seller, prevail over the GTC. When a quotation is drawn up by the Seller or a contract is concluded, it constitutes the special conditions that modify or complete the present GTC and hereinafter referred to individually as the («Document»). Validation of the order and signature of the Document by the Customer shall constitute acceptance without restriction or reservation of these General Conditions of Sale. These GTC are systematically communicated to any Customer prior to the immediate purchase or the placing of an order and will prevail, if necessary, over any other version or any other contradictory document. These GTC may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force at the date of the immediate purchase or the placing of the order. These GTC shall remain in effect until the date of validity of the quote or purchase order. In the case of a fixed-term or open-ended contract, the Document will specify, in the first case, the duration of the contract and, in the second case, the terms of termination.
The fact of placing an order implies the Customer’s full and unreserved acceptance of these general terms of sale.
The Customer must refer to the description of each Product in order to know its properties and essential characteristics. The choice and purchase of a Product or Service is the sole responsibility of the Customer. Product offers are subject to availability. Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
These General Terms and Conditions of Sale apply to direct sales to Customers to the exclusion of all other conditions or by means of other distribution and marketing channels.
ARTICLE 1 – HOSTING
Woocommerce
2nd Floor, 1-2 Victoria Buildings
Haddington Road
Dublin 4, D04 XN32, Ireland
VAT : 3347697KH
Any total or partial representation of this site by any process whatsoever, without the express permission of the operator of the website is prohibited and would constitute an infringement punishable by articles L 335-2 and following of the Code of Intellectual Property.
The trademarks of the operator of the website and its partners, as well as the logos appearing on the website are registered trademarks (semi-figurative or not).
Users visiting the website may not set up a hyperlink to these sites without the express prior authorization of the website operator.
ARTICLE 2 – ACCESS AND USE
Access to the Site is free. The costs of access and use of the telecommunication network are at your expense, according to the terms and conditions set by your access provider and your telecom operator.
Entreprise strives to keep the Site accessible 24 hours a day, 7 days a week. However, access to all or part of the Site may be interrupted, in particular for maintenance reasons.
Entreprise is not responsible for these possible interruptions and the consequences that may result for you.
The personal information that you provide to Maé Innovation through the forms on the Site is necessary for their processing.
It will be analyzed and transmitted to the various departments concerned for processing. Unless you object, Maé Innovation may process this information for commercial purposes.
You have at any time the right to access, modify, rectify and delete data collected on the Site, under the conditions provided for by the French law n°78-17 of January 6, 1978 relating to information technology, files and freedom.
To exercise this right, please write to the Site manager at the following address Maé Innovation – info@mae-innovation.com
ARTICLE 3 – HYPERTEXT LINKS
The creation of hypertext links to the site https://shop.mae-innovation.com is subject to the express prior agreement of the Director of the publication. The hypertext links established towards other sites from https://shop.mae-innovation.com do not constitute an approval of this site or of the information it contains and cannot, therefore, in any case, engage the responsibility of Maé Innovation. It is reminded that delays, omissions or inaccuracies may occur due to the electronic transmission system.
ARTICLE 4 – ORDER TAKING – CANCELLATION – PRICE
Only orders placed in writing by a Customer can be usefully invoked by him.
The management reserves the absolute right not to follow up on an order, or to cancel an order that the company would be technically unable to honor in the rules of the art, with regard to newly received details, without the prospect or the Customer being able to claim any compensation whatsoever. The customer is definitively committed, as soon as an order is issued or a quote or contract is signed. The signature of a «bon à tirer», drawing of the part and the acceptance of a validation part modify and complete the characteristics of the product described on the order form placed. The Customer cannot refuse the products delivered by the Seller if they are in conformity with the drawing, the part plan and the validation part. Only the technical characteristics of the Product contained in the Document, drawing, part plan and validation part have value of contractual reference, with the exclusion of the data appearing in any other document (catalogs, leaflets, documentation of the Internet site, etc.)
No cancellation, even partial, of an order can intervene without the express agreement of the Seller. The latter reserves the right to claim a cancellation indemnity as well as the payment of any goods already supplied and any work already carried out.
The Products are supplied at the price in effect at the time of validation of the order by the Seller. The prices are in Euros and are ex-warehouse including packaging, excluding VAT and all other taxes (especially customs taxes) which must be paid in addition. In the event that the Customer imports or exports one or more Products, he shall comply with all the rules in force applicable to the export and/or import and obtain all the authorizations or taxes made necessary by the legislation of the countries concerned, the Seller declining all responsibility in the event of non-compliance with these different legislations which are specific to him.
Packaging and shipping costs, the amount of which may be modified at any time and without notice, shall be borne by the Customer. Prices may be modified at any time without notice by the Seller, but the Products shall be invoiced to the Customer on the basis of the rates in force at the time of order registration.
The prices invoiced shall take into account the V.A.T. applicable in France on the date of the order and any change in the applicable rate of V.A.T. shall be automatically reflected in the price of the Products invoiced. The Products remain the property of the Seller until full payment has been received, regardless of the date of delivery of the Products. On the other hand, the transfer of the risks of loss and deterioration of the products of the Salesman will be carried out as of handing-over to the conveyor of the aforementioned Products.
ARTICLE 5 – INTELLECTUAL PROPERTY
Maé Innovation and its partners, if any, are the exclusive owners of all intellectual property rights of the elements of the Site and its structure.
Maé Innovation grants you the right to reproduce all or part of the content of the Site for storage for the purpose of representation on a single screen and reproduction, in one copy, for backup by paper printing. This right is granted for non-collective use. Thus, any redistribution or commercialization of all or part of the content of the Site is prohibited.
You are prohibited from reproducing, copying, translating, transferring or exploiting translating and/or using all or part of the information, texts, photos, images, videos and data present on this Site for commercial use.
Similarly, it is forbidden to reproduce in any form whatsoever the trademarks and logos present on the Site.
ARTICLE 6- RESERVATION OF OWNERSHIP
The transfer of ownership of the products is suspended until full payment of the price of the products by the Customer, in principal and accessories, even in the event of the granting of payment deadlines. Any clause to the contrary, in particular inserted in the general conditions of purchase, shall be deemed unwritten and shall not be binding on the Seller, which the Customer expressly accepts and acknowledges. By express agreement, the Seller may enforce its rights under this retention of title clause with respect to any of its claims on all Products in the Customer’s possession, which shall be presumed by agreement to be unpaid, and the Seller may take back or claim them as compensation for all its unpaid invoices, without prejudice to its right to terminate orders in progress.
Seller may also require, in the event of non-payment of an invoice when due, the termination of the sale after sending a simple formal notice. Likewise, the Seller may unilaterally, after sending a formal notice, draw up or have drawn up an inventory of its Products in the possession of the Customer, who undertakes, from now on, to allow free access to its warehouses, stores or others for this purpose, ensuring that the identification of the company’s products is always possible.
In the event of the opening of a collective procedure of the Customer, the orders in progress will be automatically cancelled subject to the specific provisions of public order relating to the contract in progress envisaged with the articles of the Book VI dealing with the difficulties of the companies of the Commercial code. In the event of the opening of a procedure referred to in Book VI of the Commercial Code, the Seller reserves the right to claim the goods in stock from any administrator and/or judicial representative. The Customer undertakes to participate actively in the establishment of an inventory of the goods in its stock and of which the Seller claims ownership. Failing this, the Seller shall have the right to have the inventory established by a bailiff, at the expense of the Customer.
In the event of damage to the goods sold and not fully paid for, the insurance indemnity shall be subrogated to the destroyed goods up to the amount still due. If the resale is authorized, the initial Customer undertakes to inform his own purchaser of the retention of title clause weighing on the good and of the right that the Seller reserves to claim the sale price in his hands. The Customer shall refrain from reselling, processing or incorporating the delivered Products as of the date of the judgment declaring the suspension of payments, subject to the provisions to the contrary set forth in the preceding paragraph. The Seller may prohibit the Customer from reselling, processing or incorporating the goods in the event of late payment.
In the event of non-payment and unless the Seller prefers to request full performance of the sale, it reserves the right to terminate the sale after formal notice and to reclaim the goods delivered, with the costs of return being borne by the Customer and the payments made being retained by the Seller as a penalty clause.
The delivery of a title creating an obligation to pay, draft or other, does not constitute a payment in the sense of the present article. Until complete payment of the price, the customer will not be able to give the products in pledge, nor to exchange them, nor to transfer them in property as guarantee. In the event of partial payment, the latter shall first be applied to late payment penalties, interest and the least long-standing claims.
This retention of title clause shall not prevent the risk in the Products from passing to the Customer as soon as they leave the Seller’s storage area. As of that date, the Customer shall be constituted as the custodian and guardian of the said goods.
The Customer thus assumes responsibility for any damage that these goods may suffer or cause, for any reason whatsoever, including during transport. It is the Customer’s responsibility to take all necessary measures and to insure the goods accordingly.
ARTICLE 7 – CONDITION OF PAYMENT
The amount of the articles is payable in cash the day of the placing of the order. All payments will be made exclusively online, at the time of the order, through the means of payment accepted by the seller.
Only payments by Visa, MasterCard and American Express via our secure partner STRIPE are accepted.
In case of refusal of payment during the validation, both by the third party or the banking institution, the order will be cancelled and the products not reserved.
The payment partner will be granted to not validate the payment in case the blue card would be fraudulent or in any other link with one or more payment disputes.
Payment is deemed to be made as soon as the Seller has full ownership of the funds, against the sale. This is the moment when the Seller’s bank account is definitively credited, or when the cash payment is made.
ARTICLE 8 – TRANSPORT
Transport costs are always borne by the Customer, packaging invoiced and not taken back – unless otherwise expressly agreed in writing. The goods are always transported at the risk of the consignee. The Customer’s attention is drawn to the need to take out any insurance and, if necessary, to make any reservations against the carrier by registered mail within the legal time limits.
It is the Customer’s responsibility to ensure that the delivery location indicated is accessible by truck and that delivery is possible. If the carrier is confronted with a problem of access or congestion of the place of delivery not provided for in the delivery conditions, the additional costs will be charged to the Customer. The Customer must only accept a parcel if the outer packaging shows no trace of shock. Upon receipt of the order, the Customer is required to check the condition of the packaging, the number and content of the packages, as well as the condition of the products upon delivery. Consequently, any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged packaging, broken products… ) will have to be noted by the Customer in the form of clear, precise and complete handwritten reserves on the delivery/transportation order, and this in the presence of the carrier, the carrier and the Customer will date and sign the reserves issued. In case of refusal to sign the reserves on the part of the carrier, the Customer must also stipulate this in writing on the delivery note. In addition, and in accordance with Article L 133-3 of the French Commercial Code, the Customer must confirm the anomaly by sending a registered letter with acknowledgement of receipt to the carrier within three days of delivery in order to confirm the said claims. Within 48 hours of delivery, the Customer must also confirm these claims by registered mail to the address of the Seller’s Customer Service. The Customer is reminded that failure to follow this procedure scrupulously and to respect the deadlines will result in the irrevocable rejection of any request to open a file on non-conformity, so that no further recourse will be allowed against the Seller. The duration of the acceptance or verification procedure shall not have the effect of increasing the duration or shifting the starting point of the maximum payment period provided for hereinafter.
Moreover, the refusal of the products on delivery by the Customer may be considered as abusive if the Customer cannot justify the reality of the anomalies invoked on his delivery note (Bl) and on his transport note. In the event of abusive refusal of the products, the Seller may claim compensation from the Customer for any inconvenience caused by the refusal of the Products.
ARTICLE 9 – DELIVERY – EXECUTION: DEADLINE
Deliveries are made only according to availability and in the order of arrival of orders. The delivery or execution deadlines are indicated in the special conditions (offer, estimate, order confirmation), as precisely as possible but are dependent on the Seller’s supply, manufacturing and transport possibilities. Exceeding the indicative deadlines shall not give rise to damages, withholding or cancellation of orders in progress.
The following are considered as cases of force majeure discharging the Seller from its obligation to deliver: wars, riots, fire, floods and other natural events, strikes and other labor disputes, accidents, the impossibility of being supplied with goods, materials or energy, and in general, any event beyond the Seller’s control or usually recognized by jurisprudence.
In any event, timely delivery shall be possible only if the Customer is current with its obligations to the Seller, regardless of the cause.
The delivery period shall not begin to run until the Customer’s file is deemed to be complete, which implies in particular compliance with the payment of any down payments and the submission of the technical elements necessary for the execution of the order.
ARTICLE 10 – COMPLAINTS – RETURN
Any claim on the quantities delivered must be made within 48 hours from the date of receipt of the goods.
Complaints about the characteristics, the weight of the Products delivered, or their possible non-conformity with the shipping note, must be sent by mail with acknowledgement of receipt to the seller within 48 hours following the delivery as indicated in article 3 above.
In the absence of a complaint within the applicable time limit and in the prescribed form, the Customer shall be deemed to have accepted the Products without reservation, which shall prohibit any recourse.
No goods may be returned without the prior agreement of the Seller. In this case, the goods shall be returned at the Customer’s expense. In the event of return without prior agreement, the Product shall be held at the disposal of the Customer, who may be charged a storage fee without this resulting in the transfer of risks to the Seller.
ARTICLE 11 – WARRANTY
The Seller does not grant any guarantee of non-stick and longevity of the Product, the application of which has been agreed upon with the Customer, and after conclusive testing, in the presence of a new product. Likewise, the Seller does not guarantee the product and the non-stick coating :
– if the defective material or design originates from the Customer.
– if the defect results from an intervention or misuse by the Customer or a third party.
-if the problem is the result of negligence or malice, or of a lack of storage, conservation and cleaning by the Customer.
– if the defect is due to force majeure.
The seller reserves the right to verify the origin of the anomaly alleged by the Customer. The Customer undertakes to keep at the disposal of the Seller, or its appointed representative or agent, the offending product for a period of thirty (30) days from the date of receipt of the complaint by the Seller’s management. For supplies not manufactured by Seller, the warranty is limited to that which Seller has with its own suppliers. The Seller shall not be liable to the customer for loss of profit, personal injury or damage to property other than the subject matter of the contract.
If the Customer is a professional of the same specialty as the Seller, the Customer expressly waives the application of the legal warranty for hidden defects as specified in Article 1641 et seq. of the Civil Code. Furthermore, no claim relating to a lack of conformity of the Products sold will be accepted, in the absence of a claim within the aforementioned time limits or if, during the aforementioned time limit, the Products have been used even though an apparent defect appeared at the time of receipt. Any warranty is excluded in case of misuse, modification or non-conforming use of the Product, negligence or lack of maintenance, as well as in case of normal wear and tear of the Product, accident or force majeure repair of damage resulting from an external cause to the Product (e.g., accident, shock, lightning, current fluctuation, oxidation, presence of sand…). In any case, the warranty is exclusively limited to the pure and simple replacement of the Product that the seller will have recognized as non-conforming or to the refund of the Products.
The Seller shall also not be liable for any compensation for immaterial damages such as loss of production, operating loss, loss of opportunity, loss of data, financial or commercial loss or others which would be the direct or indirect consequence of damages suffered as a result of the use or failure of the goods delivered ….
ARTICLE 12 – LIMITATION OF LIABILITY
Maé Innovation makes every effort to keep the Site up to date. However, Maé Innovation does not guarantee the accuracy or completeness of the information presented on the Site by Maé Innovation, a partner or any user, whatever it may be.
The information contained therein is strictly informative and does not imply any legal commitment on the part of Maé Innovation, which reserves the right to modify its characteristics.
Thus, the provision of this information cannot be considered in any way as specific advice or as an aid to decision-making in order to carry out a transaction or to make an investment decision.
You expressly acknowledge that you must exercise discretion in the use of the information and carry out any verification that you consider useful, under your responsibility, in particular by contacting any advisor or expert in the fields concerned.
With the exception of direct damage resulting from a deliberate or serious fault on the part of Maé Innovation, the latter cannot in any case be held responsible for any direct or indirect damage, serious or not, which may result from the use of the Site or associated with it, in particular and without limitation, for any loss of profit, interruption of activities, loss of software or data.
Furthermore, it is reminded that the secrecy of correspondence is not guaranteed on the Internet and that it is up to each user to take all appropriate measures to protect his own data and/or software from contamination by any viruses circulating on the Internet.
ARTICLE 13 – DATA PROCESSING AND FREEDOM
The information communicated is essential for the processing and delivery of orders, as well as the establishment of invoices, their absence leads to the cancellation of your order. The Customer authorizes the Vendor to collect, process, use and communicate to its contractual partners involved in the execution of the orders the information concerning him.
In accordance with the law n°078-17 of January 6, 1978 » Data processing and Liberties «, the collection and the treatment of the personal data are the subject of a declaration near the National Commission of Data processing and Liberties (CNIL). The Customer may at any time make a request to the Vendor’s Customer Service Department to oppose such communication, or to exercise his or her rights of modification, access and rectification with regard to the information concerning him or her that appears in the Vendor’s files.
Within the framework of the contractual relationship, the Customer accepts the sending by e-mail of information within the framework of specific and punctual promotional operations organized by the Vendor or within the framework of the contractual relationship. The Customer may request to no longer receive these e-mails at any time by clicking on the link provided for this purpose and inserted in the footer of each e-mail sent to him or by contacting the Seller’s Customer Service Department.
The Customer may express his request by mail or e-mail to the following address
MAE INNOVATION
Limited liability company with a capital of 81,864 Euros
ZI Bois de Plante – 8 bis rue Amelia Earhart 37700 La Ville-aux-Dames – France.
RCS Tours 394 887 798
Tel : +33 (0)2 47 67 90 32 – Fax : +33 (0)2 47 67 90 31
ARTICLE 14 – APPLICABLE LAW
The present GTC are subject to French law. The language of this contract is French. This is the case for the rules of substance as well as for the rules of form.
In order to find a solution to any dispute that may arise in the execution of the present General Terms and Conditions of Sale or within the framework of the Particular Terms and Conditions of Sale, the contracting parties agree to meet within 15 days from the receipt of a registered letter with acknowledgement of receipt, notified by one of the two parties. If at the end of this meeting, the parties are unable to agree on a compromise or a solution or if this meeting cannot take place within this period, the dispute will be submitted to the jurisdiction designated below.
All disputes to which the present General Terms and Conditions of Sale or within the framework of the Special Terms and Conditions of Sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, will be submitted to the competent courts of the Commercial Court of PARIS, even in the event of summary proceedings, appeal for guarantee, cross-appeal, multiple defendants, and without the jurisdiction clauses that may exist on the Customer’s documents being able to prevent the application of the present clause.