General terms and conditions
Preface
Property of the site : the site is the property of mcusta-knives.eu in its entirety, as well as all related rights. Any reproduction, in whole or in part, is prohibited without the express prior permission of mcusta-knives.eu.
1. Acceptance of general terms and conditions
The customer acknowledges having read, prior to placing an order, the general terms and conditions stated on this screen and expressly declares to accept them without reservation. These general terms and conditions rule the contractual relationship between mcusta-knives.eu and its customer. They will prevail over any other conditions appearing in any other document, except prior exemption,express and written by mcusta-knives.eu.
These general terms and conditions may be modified at any time by mcusta-knives.eu, without advance notice. The applicable conditions will be those in effect on the site at the time of the validation of the order.
2. Order
Automatic registration systems are considered proof of the nature and content of the order. mcusta-knives.eu confirms the acceptance of the order to the customer at the e-mail address communicated by the customer. The sale will be concluded as of the validation by mcusta-knives.eu of the payment of the order, that is to say the date of validation of the payment for orders paid online by credit card, or the date of the payment receipt by bank transfer or check. In any case, mcusta-knives.eu reserves the right to refuse or cancel any order from a customer with whom there is a dispute regarding the payment of a previous order.
3. Price and payment
The
price is expressed in Euros including all taxes and VAT.
The price
indicated on the product sheets does not include transport.
The
price indicated in the order confirmation is the final price,
including all taxes and VAT for France and EEC countries
This
price includes the price of the products, handling, packaging and
conservation of the products, transport, insurance and commissioning
fees.
The price is payable outright, on the day of the order
confirmation.
The payment is made :
-by credit card
Payments made cannot be considered as a deposit. Any delay in payment shall automatically lead to the payment of interest on arrears corresponding to one and a half times the legal interest rate.
4. Retention of property clause
By express agreement, and in accordance with the provisions of the law of May 12, 1980, the products ordered remain the property of mcusta-knives.eu until full payment of their price by the customer.
In case of non-fulfillment of these obligations by the customer, whatever the cause, mcusta-knives.eu will be entitled to demand the immediate return of the products at the expense, risk and peril of the customer.
5. Availability and dispatches
Delivery from metropolitan France by Colissimo tracking:
-To metropolitan France 48h (2 working days)
-Outside metropolitan France 4 to 8 days. All deadlines announced on the site mcusta-knives.eu are in working days (excluding Saturdays, Sundays and holidays).
Each product sheet indicates :
-Either the presence in stock of the product concerned : the indication "in stock" corresponds to the state of stock at mcusta-knives.eu at the time of order.
-Or the mention "out of stock" : the product is momentarily unavailable from our suppliers.
Orders are handled, prepared and dispatched, that is to say handed over to our carrier, within 24/72 hours from :
-The
receipt of the product by mcusta-knives.eu, in the case of available
products,
-The validation of the payment by the customer when it
is made by credit card online or the receipt of payments made by bank
transfer, in the case of products in stock at the time of this
validation or receipt,
-The receipt of products by
mcusta-knives.eu, when they actually become available from the
supplier, in the case of pre-order products.
In
general, orders are handled after the validation of the payment when
they are paid online by credit card or upon receipt by
mcusta-knives.eu of the payment when the customer has chosen a
payment by bank transfer or check. The indications "in stock"
and the delays of availability are likely to vary between the date of
the order and, depending on the case, the date of validation of the
payment by credit card or the date of reception of the bank transfer
or the check. Availability times are also subject to change onthe
initiative of the supplier and/or manufacturer.
In such cases, the
delays of availability will be those in effect at the time of the
validation of the payment by credit card or at the time of the
reception of the bank transfer.
In
case of unavailability of products at our suppliers:
-permanent
unavailability : mcusta-knives.eu commit to offer the customer
replacement items or to reimburse the missing items, without delay
and no later than 30 days in accordance with the provisions of
Article L121-20-3 of the Consumer Code.
-temporary unavailability : mcusta-knives.eu informs the customer when the product will be available again. The customer has then the possibility to maintain his order with these new deadlines or to cancel it. In this latter case, mcusta-knives.eu commit to reimburse the missing items without delay and no later than 30 days in accordance with the provisions of Article L121-20-3 of the Consumer Code. Shipments to French Overseas Departments and Territories are subject to acceptance of the package in the hold.
6. Delivery
The delivery of the orders is carried out by providers independent of the company mcusta-knives.eu and within the deadlines announced by these providers. The delays announced by these providers are usually 48-72h for packages under 30kg and more than 72h for packages over 30kg.
To report to mcusta-knives.eu any trouble related to the delivery, the customer has a free online order tracking system, accessible via the order details.
mcusta-knives.eu commit to ensure that orders are delivered within the 30 days of validation of payment by credit card online or of receipt of payment by bank transfer. The carrier commit for its part, by contract with mcusta-knives.eu, to deliver the order to the buyer's address provided by mcusta-knives.eu.
In addition, for deliveries outside metropolitan France, the customer commits to pay all taxes due on the import of products, customs duties, value added tax, and any other taxes due under the laws of the receiving country of the order. All the orders placed at mcusta-knives.eu are intended for the personal use of the customers, the customers or the recipients of the products are prohibited any partial or total resale of the products. mcusta-knives.eu could not be held responsible for the non-payment of the taxes to the payment of which the customer is held responsible.
In Metropolitan France, the delivery will be carried out by La Poste by colissimo tracking or TNT. In the EEC countries, deliveries are made by La Poste in Colissimo tracking Europe or by Chronopost or TNT. Deliveries outside the EEC are made by the international postal services or Chronopost or TNT. For reasons of availability, an order may be delivered in several times.
Whatever the place of delivery, the delivery is made within the time slot agreed with the customer by direct delivery of the product to the advertised recipient, or in case of absence, to another person authorised for this purpose by the customer.. In the absence of any recipient, a delivery notice is left at the delivery address. The possible expenses of new presentations are chargeable to the customer. The customer is required to check the condition of the products upon receiptIn case of damage, the customer must precisely mention his reservations on the delivery slip, and reiterate them to the carrier by certified letter with return receipt requested within three (3) days following the delivery in accordance with the provisions of Article L.133-3 of the French Commercial Code. He must also inform mcusta-knives.eu by certified letter with return receipt requested of any damage due to transport within eight (8) days following the receipt. No complaint will be accepted in case of non-compliance with these formalities.
mcusta-knives.eu
will, in any case, be released from its obligation to deliver in case
of:
- occurrence
of a case of force majeure such as war, riot, fire, strikes,
accidents and the impossibility to be supplied,
-
non-implementation
by the customer of any of its obligations (payment of the price,
exactness of information provided by the customer such as the
delivery address ...)
7. Garantee
All the technical articles benefit, near the manufacturer, of a contractual guarantee of one year minimum. Some are guaranteed for 2 years or more (see in the description of each item). Guarantee extensions are valid only in Metropolitan France and Corsica.
Any return must be preceded by the prior agreement of mcusta-knives.eu and the assignment of a return number and the confirmation of the return address.
For lack of prior agreement, of assignment of a return number or in case of sending to any other address confirmed by mcusta-knives.eu, the goods will be returned to the customer postage due. Returned products must be accompanied by their original packaging.
In any assumption, the customer benefits from the legal guarantee of the hidden defects (Art.1626 and following of the Civil code). On the condition that the buyer proves the hidden defect, the seller must legally repair all the consequences (art.1641 and following of the Civil code).
Are excluded from any guarantee:
Use and maintenance that is not in accordance with the operating instructions supplied with the product, as well as faulty use or maintenance.
2. Deterioration due to incorrect handling, connection (whether made with the original accessories or with other accessories substituted by the customer), abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes.
3. Spare parts or accessories whose replacement is the result of normal wear and tear or routine maintenance operations: bulbs, batteries, washers, etc...
4. Transport fees and modification of the device, in case of recall by the manufacturer for serial defect.
5. Deterioration due to an external event (lightning, water damage, etc..).
6. Interventions carried out on the device by any person not authorized by the After-Sales Service as well as dysfunctions and damage resulting from such an intervention.
Garantee of conformity
All products supplied by the seller benefit from the legal guarantee of conformity provided by articles L.217-4 et seq. of the Consumer Code and the legal guarantee provided by articles 1641 et seq. of the Civil Code.
When
he acts as a legal guarantee of conformity, the consumer :
Benefits
from a period of 2 years as from the delivery of the property 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 exempted from providing proof of the existence of the
lack of conformity of the goods during the 6 months following the
delivery of the goods. This period is extended to 24 months from
March 18, 2016, except for second-hand goods.
The legal guarantee
of conformity implement independently of any commercial guarantee
that may have been granted.
The consumer can decide to implement
the guarantee against hidden defects of the thing sold according to
the Article 1641 of the Civil Code and in this hypothesis, he can
choose between the cancellation of the sale or a reduction of the
selling price in accordance with Article 1644 of the Civil Code.
8. Responsability restriction
In
accordance with the laws in force, mcusta-knives.eu is not
responsible for the non-execution or the bad execution of the
contract which would be down either to the consumer, or to the
insurmountable and unforeseeable fact of a third party to the
contract, or to a case of absolute necessity.
9. Retraction
INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF RETRACTION
Retraction right
You have the right to retract from this contract without giving reasons within a fortnight.
The retraction period expires a fortnight after the day that either you, or a third party other than the carrier designated by you, takes physical possession of the goods.
To
exert the right of retraction, you must notify us at the following
address:
mcusta-knives.eu
SARL CAPAM
146 rue Victor
Hugo
54800 JARNY, FRANCE
info@mcusta-knives.eu
your decision
to retract from this agreement by means of an unambiguous statement
(e.g. letter sent by post, fax or e-mail). You may use the sample
retraction form, but you are not required to.
In order to comply with the retraction period, it is enough to send your communication regarding the exert of the right of retraction before the expiration of the retraction period.
Retraction effects
If you retract from this agreement, we will refund to you all payments received from you, including delivery charges (except for any additional charges arising from your choice, if need be, a method of delivery other than the cheaper standard method of delivery offered by us) without undue delay and, in any event, no later than a fortnight from the day on which we are informed of your decision to retract from this agreement. We will proceed to the refund using the same payment method you used for the original transaction, unless you expressly agree to a different method, in which case there will be no charge to you.
We may postpone the refund until we have received the goods or until you have provided proof of shipment of the goods.
You must return the goods without excessive delay and, in any event, no later than a fortnight after you have notified us of your decision to retract from this contract. This deadline is considered to have been respected if you return the goods before the expiry of the fortnight.
The direct fees for the return of the goods will be at your expense
You are responsible only for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and good working of the goods.
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EXAMPLE OF RETRACTION FORM
(Please complete and return this form only if you wish to retract from the contract.)
For
the attention of :
mcusta-knives.eu
SARL
CAPAM
146 rue Victor Hugo
54800 JARNY,
FRANCE
info@mcusta-knives.eu
I hereby notify you of my retraction of the contract concerning the sale of the good below:
Ordered on :
Received on :
Customer’s name :
Customer’s adress :
Date :
Customer’s signature :
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10. Legal information
The
nominative information relating to the customer is essential for the
processing and routing of orders, the establishment of bills and
guarantee contracts. A lack of information may result in the
non-validation of the order. In accordance with the law "Informatique
et Libertés", the processing of nominative information relating
to customers has been declared to the National Information science
and Liberties Commission (CNIL).
The customer has (article 34 of
the law of January 6, 1978) a right of access, modification,
correction and deletion of his data, which he can exert with
mcusta-knives.eu. Moreover, mcusta-knives.eu commits to not
communicate, freely or with counterpart, the details of its customers
to a third party.
11. Commitment to data protection
In accordance with the provisions of Law No. 98-536 of 1 July 1998, transposed into the Intellectual Property Code of Directive 96/9/CE of 11 March 1996 concerning the legal protection of databases, mcusta-knives.eu is the producer and owner of all or part of the databases on this siteBy accessing this site, the customer acknowledges that the data composing it is legally protected, and, in accordance with the provisions of the aforementioned law of July 1, 1998, refrains especially from extracting, reusing, storing, reproducing, representing or preserving, directly or indirectly, on any type of format, by any means and in any form whatsoever, fully or partly, qualitatively or quantitatively substantial, of the content of the databases appearing on the site to which he accesses.
12. Practical Right
This contract is subject to French law.