Acceptance of the general conditions of sale

CONDITIONS GÉNÉRALES DE VENTE POUR LES PARTICULIERS

GENERAL CONDITIONS OF SALE FOR the PRIVATE INDIVIDUALS of the company Mirabelle Jeux®

Registered office: La Gueule d'enfer 42560 MAROLS France
Such/Fax 04 77 76 72 95 - E-mail: contact@mirabellejeux.com - Mirabelle Jeux® limited liability company - Capital of 100€:
Management: Florence PAGAT VERGNE RCS Montbrison: 495.333.015 (2007 B 141) RM Montbrison: 495.333.015 RM 42
TVA: FR 88.495.333 015

Preamble

The present general conditions of sales have the aim of defining the rights and obligations of the parts within the framework of the mail order trading or by electronic way of goods or services suggested by Mirabelle Jeux®.
It is specified beforehand that the present conditions exclusively govern the sales carried out by Mirabelle jeux® of the products offered on its www.mirabellejeux.com site being used as electronic catalogue to the only particular customers. The products are sold new. These conditions apply other than all other conditions. Any contrary condition with present will be incontestable in Mirabelle jeux®. These general conditions of sale being able to be the subject of modifications, the applicable conditions are those in force on the site at the date of validation of the order by the consumer.

Article 1 - Validation

You state to have taken knowledge and accepted the present general conditions of sale before the making of your order. The validation of your order is worth thus acceptance of these General Conditions of Sale.

Article 2 - Applicable duty

This contract is subjected to the French law. The language of this contract is the French language.

Article 3 - Products:

Jeux® mirabelle plum present on its Internet site products to be sold as their detailed descriptions allowing to respect the L111-1 article of the code of consumption envisaging the possibility for the potential consumer of knowing before the final order taking the essential characteristics of the products which it wishes to buy.
The photographs, texts, graphics, information and characteristics reproduced and illustrating the products are not contractual. Consequently, the responsibility for Jeux® Mirabelle plum cannot be committed in the event of error or of omissions in one of these photographs, texts or graphics, information or characteristic of the products. The representation of the products cannot urge the responsibility for Jeux® Mirabelle plum nor to affect the validity of the sale. We reserve ourselves the right to modify the technical specifications constantly and in this case we let us inform the customer during the ordering of it.

has) Price - VAT - Taxes:
The prices posted on the site are indicated in Euros all inclusive of tax (French VAT and other applicable taxes), except share in the expenses of port. The prices are subjected to the French VAT and any change of the statutory rate of this VAT will be implicitly reflected on the price of the products presented on the site of Jeux® Mirabelle plum. The posted prices do not integrate the share in the expenses of port, invoicees in supplement, and indicated before the confirmation of order. Mirabelle Jeux® can modify its tariffs constantly. It is the present price at the time of the final validation of the order which will be taken into account for the payment of the invoice. For any order placed on the site and delivered apart from the Metropolitan France, the customer is considered to be the importer of the products concerned. The customs duties or other taxes local or right of importation or taxes of state are likely to be exigible. These rights and sums will be the responsibility of the customer and will concern their whole responsibility as well in terms for declaration as for payment at the proper authorities for the country concerned, loads for the customer to get information about his aspects near the authorities concerned. Mirabelle plum jeux® is not held to check and inform the customer of the customs duties and taxes applicable.

b) Availability:
The orders are transmitted to the seat of Jeux® Mirabelle plum by mail or electronic way. The delivery is carried out within the limit of stocks available. The availability of the products is indicated on the site and only the products in stock can be ordered. In the case of a carryforward of availability of a product Mirabelle Jeux® will inform the consumer by email. The delivery periods are mentioned as an indication and to in no case we cannot guarantee these deadlines to you. They are taken into account starting from the final validation of your order. The products are delivered to the address of delivery which you indicated in the form of order. Mirabelle Jeux® cannot be held responsible for a delay caused by various events (strike) which would prevent the routing of the products within the times indicated above. In the event of delay in the delivery, whatever the reasons, Mirabelle Jeux® will not proceed to any compensation. If one or more products of your order are not present in our stocks, it is necessary to envisage a delivery period integrating the restockage products in rupture. The weekends, public holidays and days of closing are to be added to the delivery periods.

c) Times of forwarding:
Mirabelle Jeux® is committed addressing under 8 days the articles available in stock. It must be added to this time of forwarding the time of routing which depends on the time imposed by the conveyor. Weekends, public holidays, and days of closing are to be added to the delivery periods. Any possible going beyond of the agreed times will be able to give place neither to cancellation of the order, nor with an unspecified compensation. In any event, the agreed times will be extended in the event of cause beyond control such as in particular the stop total or partial of the personnel of the salesman or that of the one of its suppliers or conveyors for strike, fire, flood, accident of manufacture (nonrestrictive list). The deliveries are carried out by postal parcels or the conveyor of our choice. The products travel to the risks and dangers of the recipient. The consumer has the legal obligation and contractual to check the physical state and the contents of the parcel to the delivery in the presence of the deliveryman. Any anomaly concerning the delivery (damages, produced missing compared to the delivery order, parcels damaged, broken products, etc…) will have imperatively to be indicated on the delivery form of the conveyor in the form of dated detailed handwritten reserves, explicit and accompanied by the signature of the customer. The consumer will have to point out this anomaly by letter registered with request for notice of receipt near the conveyor in the two wrought days according to the delivery date.

D) Share in the expenses of port:
For forwardings in METROPOLITAN FRANCE and Corsica, a fixed price of Delivery from section of weight is applied to knowing:

in lower part of 10 kilos, 4,90€ any inclusive of tax
from 10 to 15 kilos, 12,00€ any inclusive of tax

The orders exceeding 15 kilos are the subject of a free addressed estimate.

These fixed prices are valid for a deliverable order in only once at the same address of delivery. Expenses relating to specific sendings (express, Chronopost, colissimo, recommended…) are always invoicees in addition. For the sendings abroad and in the DOM-TOM, the costs carriage are raised of a fixed price different according to the destination from the order. To know the amount exact it is enough to choose the country of destination in the basket and the expenses of delivery will appear on the purchase order before its validation.

E) Conformity:
The offered products are in conformity with the French legislation into force, the salesman declines any responsibility in the event of nonrespect for the legislation for the country or the products are delivered. It is up to the customer to be informed near the local authorities concerned of the possible limitations of importation or use of the products which he plans to order. To in no case, our responsibility could not be committed because of a use nonin conformity with these standards.

F) Legal guarantee of conformity:
Mirabelle plum jeux® must deliver a product in conformity with the contract and answers of the defects of conformity existing during the delivery. Mirabelle Jeux® engages with your choice, to refund you or to exchange you the apparently defective products or not corresponding to your order. The products must be turned over to us the state in which received them to you with the whole of the elements (additional, packing, note…).

In any event, you profit from the legal guarantees of conformity of the good to the contract and the hidden defects and this in accordance with specified legal provisions Ci below:

L211-4 Article Codes consumption

The salesman is held to deliver a good in conformity with the contract and answers of the defects of conformity existing during the delivery. He also answers of the defects of conformity resulting from packing, the instructions of assembly or the installation when this one was put at its load by the contract or was carried out under its responsibility.
Foot-note: Schedule 2005-136 2005-02-17 art 5: The provisions of this ordinance apply to the contracts concluded subsequently to its entry into force.

L211-5 Article Codes consumption

To be in conformity with the contract, the good must:
1° - To be specific to the usually awaited use of a similar good and, if necessary:

* to correspond to the description given by the salesman and to have qualities that this one presented at the purchaser in the form of sample or of model
* to have qualities until a purchaser can legitimately wait have regard to the public statements made by the salesman, the producer or his representative, in particular in publicity or labelling

2° - Or to show the characteristics defined by mutual agreement by the parts or to be specific to any special use sought by the purchaser, made available of the salesman and that this last accepted.
Foot-note: Schedule 2005-136 2005-02-17 art 5: The provisions of this ordinance apply to the contracts concluded subsequently to its entry into force.

L211-12 Article Codes consumption

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Foot-note: Schedule 2005-136 2005-02-17 art 5: The provisions of this ordinance apply to the contracts concluded subsequently to its entry into force.

Article 1641 Civil code

The salesman is held of the guarantee at a rate of the hidden defects of the sold thing which make it unsuitable with use for which one intends it, or which decrease so much this use, which the purchaser would not have acquired it, or would have given only one less price of them, if he had known them.

Article 1648 subparagraph 1st Civil code

The proceedings resulting from the redhibitory defects must be brought by the purchaser within two year as from the discovery of vice.
The provisions of this article do not prevent you from profiting from the right of retractation envisaged to article 8.

Article 4 - Order

has) Capacity to order:
The consumer states to have the full legal capacity allowing him to engage under the present general conditions of sale.

b) Modification of the order:
Taking into account the principle of the final validation of the order and the possibility given to the consumer to modify constantly before the final validation of the basket, no modification of definitively validated order could be accepted by Mirabelle Jeux®.

c) Validity of the order:
Since the law of March 13, 2000, purchase order signed of the consumer by “double click” constitutes an irrevocable acceptance which cannot be called into question only in the cases envisaged under the present general conditions of sale like the right of retractation.

D) Right of retractation:
Pursuant to the L121-16 article of the code of consumption, the consumer has the right of retractation 7 days starting from the delivery of the order to turn over the articles in seen of an exchange or a refunding. The expenses of return remain with the load of the customer. There is not any obligation of information by the customer of the reason for the return. The products must be turned over in perfect state and in the nonopen packing of origin.

E) Exactitude of the data concerning the consumer
The consumer must check as a preliminary his validation of order the exactitude of the information relating to it in particular the exhaustiveness and the exactitude of the information relating to the delivery. Mirabelle Jeux® cannot be held responsible for the errors of seizure and the consequences which while rising a such delay or an error from delivery. In the event of return of the goods, all the expenses engaged for the reforwarding of the order will be entirely the responsibility of the consumer.

Article 5 - Mode of payment

The payment is carried out cash with the order and without discount in its entirety by bank check or postal joint with the order and envoy with the registered office of Jeux® Mirabelle plum or by protected payment PAYPAL (Bank card or account Pay Pal)). The payment will include the possible carriage costs, packing and services.
Any sum not paid at the limit will involve:

the calculation and the payment of penalties equal to once and half the legal rate of interest into force to the date of payment, pursuant to the provisions of Law 92.1442 of December 31, 1992 without a recall being necessary.
Immediate current liability of all the invoices not yet fallen.
The suspension or cancellation with the choice of the salesman of any pending order.
Any invoice recovered by the contentious service will be raised of an allowance fixed contractually at 15% of the sums due with a minimum of 46,00 €, and this without setting in preliminary residence and injuries of the legal interests and depend in the event of action at law.

) payment has by cheque:
The payment by cheque is payable in advance. This mode of payment is valid only for accounts - bank checks in drawn euros on a bank domiciled in Metropolitan France. The wording is to be drawn up with the order of Jeux® Mirabelle plum.
Any order paid by cheque will be treated only with reception of the means of payment. The times of availability and forwarding are then to recompute starting from the date of registration of this mode of payment.

b) Payment by Internet
The flow of the payment is carried out after the validation of the order.

c) partial Payment
The entirety of the payment must be carried out with the order. No moment, the boxed sums could be regarded as down payments or installments. Mirabelle Jeux® reserves in particular the right to refuse to carry out a delivery or to deliver an order emanating with a consumer who would not have regulated completely or partially a preceding order or with which a litigation of payment would remain.

Article 6 - Reserve property

In accordance with Law 80.335 of May 2, 1980, Mirabelle jeux® preserves the whole property of the material delivered to effective and integral cashing of the invoiced price. Until this date, the delivered material is regarded as consigned and the purchaser supports the risk of the damage that this material could undergo or cause for some cause that is. Notwithstanding any contrary clause, in the event of nonrespect by the purchaser of one of the expiries of payment, Jeux® Mirabelle plum, without damage of its other rights, will be able to obtain by letter registered with request for notice of receipt, the restitution of the material to the expenses of the purchaser until execution by this last of the totality of its engagements.

Article 7 - Complaints

Complaints, others that the damages of transport, indicated above must be addressed to the registered office of Jeux® Mirabelle plum. They must be formulated within 15 maximum day following the date of forwarding. The absence of reserve within this time is equivalent to a total agreement of the customer on the conformity of the delivery compared to its order. The return of the goods can intervene only after our written agreement. The postage and packing is the responsibility of the shipper, except in the event of delivery nonin conformity of our share. The goods must be returned in their state of origin, in their packing of origin, be accompanied by the accessories and documents, nonopen, consumable sealed small pockets not unpacked and not used.

Article 8 - Litigation

In the event of dispute, of litigation with professionals and/or tradesmen, the courts of Montbrison (France) will be qualified. In the event of litigation, the French courts will be only qualified.

Article 9 - Data processing and freedom

In accordance with the Data-processing Law and freedom of January 6, 1978, you have a constant right of access of consultation, correction and suppression to information concerning you.

Article 10 - Protection - intellectual Property

Any reproduction even partial of this site is illicit (art L 124.4 of the code of the intellectual property, Loi 92.597 of July 1, 1992) and would constitute against way sanctioned by articles 425 and following penal code. All the plays are protected under the royalties. MIRABELLE JEUX®, CARRÉ 2000®, EURÉTOILES®, ASTRODYSSÉE®, ASTROBILLE®, INTERCEPT®, LE QUILLOU®, TROIS SIX NEUF®, CHEMINUM® are marks and models deposited.

Website created by Florence and Pierre PAGAT VERGNE