General terms and conditions for josephmalinge.com – September 2020
The terms and conditions apply between the Company Chaussure Cuir Michigan with a share capital of 80000 euros headquartered at 12 rue de l’Industrie, La Tourlandry, 49120 Chemillé-en-Anjou, registered at Angers Commerce and Business Register (RCS) under B 334 961 018 « Chaussure cuir Michigan » and owner of Jospeh Malinge, and any entity proceeding to a commercial transaction on www.josephmalinge.com, hereinafter « the buyer ».
Article 1. Scope
The terms and conditions define the contractual rights between Chaussures Cuir Michigan and the buyer, and the applicable conditions on any commercial transaction carried out through the website josephmalinge.com. By purchasing a product on the website josephmalinge.com, the buyer accepts without reservations the terms and conditions and its acknowledgement prior to the purchase. The company Chaussure Cuir Michigan reserves the right to modify the terms and conditions, such as to adapt to new legislation or to enhance its website. Thus, the terms and conditions are applicable on the date of purchase.
Article 2. Products
The products available for purchases are on the website josephmalinge.com owned by the company Chaussures Cuir Michigan, within the limits of available stock. The company Chaussure Cuir Michigan reserves the right to modify the list of products. Product sheets are available on the website josephmalinge.com for each product. The seller ” Chaussure Cuir Michigan ” is not liable for the pictures of the products. Products can be purchased on josephmalinge.com from any entity residing in a country authorising the import of the product.
Article 3. Prices
The prices appearing on the internet catalogue are in Euros (€) include taxes (VAT applicable on the date of purchase). Changes in VAT may affect the prices of the product. The company Chaussure Cuir Michigan reserves the rights to modify prices at any time. The the catalogue price on the day of purchase will be the one applicable on the buyer. The prices on the catalogue do not include delivery fees, which are added in addition to the price of the purchase and may vary. In Metropolitan France, delivery fees are free for any purchase of 400 euros (tax included) and over. For any purchase below 400 euros (tax included), a delivery fee of xxxx euros (tax included) will be at the buyer’s expense.
Article 4. Orders and terms of payment
An account must be created on josephmalinge.com before any order is completed. Logging into the account will be required for a buyer to order or access the account on the website. The company Chaussure Cuir Michigan offers the buyer three payment options to complete an order:
The buyer will select the products and add it to “your shopping bag”, modify the order if necessary (quantity, model), verify the delivery address or add a new one. Delivery fees and details will then be shared with the buyer. Subsequently, the buyer will choose “check payment” as the payment option. An order summary with all the available information will be shown to the buyer which then has to tick the “accept the terms and conditions”. A second click “confirm the order” will finalize the order. This click represents the final form of the contract. After finalising the order, the buyer will receive a purchase order. In order to finalize the payment and start the order processing, the buyer must print the purchase order accompanied by a check addressed to Chaussure Cuir Michigan to: Chaussure Cuir Michgan, 12 rue de l’Industrie, La Tourlandry, 49120 Chemillé-en-Anjou, FRANCE. No cash payments will be accepted. Upon reception of the check, the buyer will receive an email to notify of the order processing. The company Chaussure Cuir Michigan will dispatch the product at the earliest, 2 days following check-cashing for the order, on the limits of available stocks.
Secure payments by card (via a secure system Stripe):
The buyer will select the products and add it to “your shopping bag”, modify the order if necessary (quantity, model), verify the delivery address or add a new one. Delivery fees and details will then be shared with the buyer. Subsequently, the buyer will choose “card payment” as the payment option. An order summary with all the available information will be shown to the buyer which then has to tick the “accept the terms and conditions”. A second click “confirm the order” will finalize the order. Subsequently, the buyer has to provide its card details through a secure platform. Upon validation of the payment, the order is processed and the contract becomes definitive. In case of fraudulent use, the buyer can request a payment refund. The card owner is not liable for contested payments if it is a fraudulent activity, performed remotely and without a physical access to the card. To be refunded from a fraudulent payment and related fees, the card owner must send a written request to its bank within 70 days after the operations, in some cases this can be 120 days. The amount will be refunded by the bank within a month after reception of the request. No fees should be applied to the card owner.
An order confirmation results in the acceptance of the present terms and conditions, its acknowledgement and a resignation of your own terms and conditions. All the information provided and the purchase order act as proof of transaction. The company Chaussure Cuir Michigan will confirm the order through the email address provided by the buyer.
The buyer can contact Chaussure Cuir Michigan by post to the following address: Chaussure Cuir Michigan, 12 Rue de l’Industrie, La Tourlandry, 49120 Chemillé-en-Anjou, FRANCE; or through the contact form available on the website; or by phone at: +33241654477.
Article 5. Ownership
The company Chaussure Cuir remains the owner of the property until full payment has been received, charges and taxes included.
Article 6. Retraction
In compliance with article L121-20 of the Consumption Code, the buyer has 14 days following the reception of the product to exercise a right of retractation, and thus return the product to the seller for an exchange or a refund without any fees.
Restrictions to this right: in accordance with article L121-21-8, this right cannot be invoked for personalised or customized products.
Article 7. Delivery
The delivery will be made to the address on the purchasing order which has to be in the agreed geographical zone. Deliveries are performed by DHL or Chronopost if selected during the purchase, tracked delivery and signed delivery. Delivery times are indicative, if exceeding 30 days after the purchase (for products in stock), the contract may be voided and the buyer will be refunded. The company Chaussure Cuir Michigan will provide via email the parcel tracking number. The buyer receives the delivery either at his address or Pickup location. In the event, the parcel cannot be delivered, the buyer will be able to reschedule another time window or have the parcel delivered to a Pickup location. The buyer becomes liable for any risks regarding the delivery from the moment the parcel leaves the vicinity of Chaussure Cuir Michigan. The buyer has the duty to check the parcel with the carrier at the time of delivery. In case of damages on and inside the parcel which have occurred during the transport, complaints have to be made to the carrier within 3 days of delivery.
Production deadlines: Delivery times may take longer depending on the quantity of products ordered. We try to process orders as quickly as possible. We are committed to ship your orders between 3 to 8 weeks depending on our production lines and reducing this to 3 weeks when possible.
Article 8. Guarantee
All the products sold by Chaussure Cuir Michigan have a legal guarantee in accordance with article 1641 and subsequent from the Penal Code. In the event a sold product is non-compliant, it can be returned to the company Chaussure Cuir Michigan which will exchange or refund it. For any complaints, exchange or refund queries please contact us by post to: Chaussure Cuir Michigan 12 rue de l’Industrie, La Tourlandry, 49120 Chemillé-en-Anjou, FRANCE, within 30 days of delivery or through the contact form available on the website. The company Joseph Malinge will answer any queries and complaints, and ought to inform customers on the next steps.
Article 9. Responsibility and unforeseen events
The company Chaussure Cuir Michigan, as an online shop, has a duty of best effort. The company is not liable for damages resulting from an internet usage such as loss of data, intrusion, virus, service disruption or other involuntary damages.
We decline any responsibility for a breach of our obligations if this is a consequence of a breach of your own obligations such as payment failure, delivery issues, and such despite the terms and conditions. We are not liable for failure or delay in the fulfillment of our obligations despite the terms and conditions if the events are unforeseen: strike, lock-out, terrorist attack (or threat), war (declared or not) or threat or war preparation, fire, explosion, storm, flood, earthquake, landslide, pandemic or any other natural hazard or the impossibility to use public and private transport. We will inform you as soon as possible if such a situation arises, our obligations will be suspended during the period covered by the event. We will do our best to overcome such event, and/or find alternative arrangement to fulfil our obligations despite the situation.
Article 10. Intellectual property
The company Chaussure Cuir Michigan holds the full and exclusive intellectual property of any element on the website josephmalinge.com. Any reproduction, exploitation of use, even partial of any elements of the website including images, logo, visuals, texts and products is unauthorised.
Article 11. Personal data
The company Chaussure Cuir Michigan is fully committed to protecting the confidentiality of the data given by the buyer through using our services. Any personal information falls under the legislation 78-17 of January 1978. This provides the right of the user to access, modify or delete any information in its regard. The user can make a postal request to: Chaussures Cuir Michigan, 12 rue de l’Industrie, La Tourlandry, 49120 Chemillé-en-Anjou, FRANCE.
Article 12. Litigation
Recourse to consumer service: In the event of a disagreement / dispute concerning a service or a product linked to the company Joseph Malinge, the consumer customer can send a reasoned complaint to our customer service:
– By post or e-mail: see our contact page.
Recourse to the mediator: As of January 1, 2016, if after having exhausted the remedies with our consumer service, a misunderstanding or disagreement persists between us and subject to the conditions of admissibility provided for by the Consumer Code, you can contact the Consumer Mediator free of charge, to whom we report, who will try to bring the Parties together with a view to an amicable solution:
51 rue de Miromesnil – 75008 Paris
Phone: +33 (0) 1 44 71 71 71
The present terms and conditions for online sales is subject to French law. Any litigation or dispute, will go through the relevant Court of Justice in the geographical area of the buyer.