General terms and Conditions
These general conditions of sale apply to any purchase made by a user/natural person (Hereinafter the "customer") on the website msrp.fr (hereinafter the "SITE") to MSRP FRANCE , Sole proprietorship, headquartered at 4 Rue Calixte Camelle (FRANCE) Email CONTACT@MSRP.FR .
Any order placed on the SITE msrp.fr Necessarily implies the customer's unreserved acceptance of these general terms and conditions of sale.
Article 1. Definitions
The following terms are used in these general terms and conditions to mean:
- CLIENT : means the vendor's partner, which guarantees the quality of the consumer as defined by French law and jurisprudence. As such, it is expressly provided that this customer acts outside of any normal or commercial activity.
- Delivery : means the first presentation of the products ordered by the customer at the delivery address indicated during the order.
- Products : Designates all the products available on the SITE.
- Territory : Means Metropolitan FRANCE (outside DOM/TOM).
Article 2. Object
The present general Conditions govern the sale by the seller to his customers of the products.
The customer is clearly informed and acknowledges that the SITE is intended for consumers.
Article 3. Acceptance of the general conditions
The customer agrees to read these Terms and conditions carefully and accept them, before proceeding to the payment of a product order placed on the SITE.
These general terms and conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before ordering. The customer is invited to read carefully, download, print the general Conditions and to keep a copy.
The seller advises the customer to read the general terms and conditions for each new order, the Latest version of the said Conditions applying to any new product order.
By clicking on the first button to place the order and then on the second to confirm the order, the customer acknowledges having read, understood and accepted the general Conditions without limitation or condition.
Article 4. Purchase of products on the site
To be able to buy a product, the customer must be at least 18 years of age and have legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The customer will be asked to provide information to identify it by completing the form available on the SITE. The sign (*) indicates the required fields that must be filled in order for the customer to be processed by the seller. The customer can check on the SITE the status of his order. The follow-up of deliveries may, if necessary, be carried out using the online tracking tools of some carriers. The customer can also contact the sales department of the seller at any time by e-mail, at the address CONTACT@MSRP.FR, in order to obtain information about the status of its order.
The information that the customer provides to the seller during an order must be complete, accurate and up-to-date. The Seller reserves the right to ask the customer to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
Article 5. Commands
Article 5.1 Characteristic of products
The seller undertakes to present the essential characteristics of the products (on the information sheets available on the SITE) and the obligatory information which the customer must receive under the applicable law (in these Conditions General).
The customer agrees to read this information carefully before ordering on the SITE.
Unless expressly stated otherwise on the SITE, all products sold by the seller are new and conform to the applicable European legislation and to the standards in force in France.
Article 5.2. Order procedure
Product orders are directly placed on the SITE. To make an order, the customer must follow the steps described below (please note, however, that depending on the customer's start page, the steps may differ slightly).
5.2.1. Selection of products and options for purchase
The customer will have to select the product (s) of his choice by clicking on the product (s) concerned and choosing the desired characteristics and quantities. Once the product is selected, the product is placed in the customer's basket. The latter can then add to his basket as many products as he wants.
Once the products are selected and placed in their basket, the customer must click on the basket and verify that the contents of his order are correct. If the customer has not yet done so, he will be asked to identify himself or to register.
Once the customer has validated the contents of the basket and has identified/registered, will be shown to his attention an online form completed automatically and summarizing the price, the applicable taxes and, if applicable, the delivery costs.
The customer is invited to check the contents of his order (including the quantity, characteristics and references of the ordered products, the billing address, the means of payment and the price) before validating the contents.
The customer can then proceed to the payment of the products by following the instructions on the SITE and provide all the information necessary for the billing and the delivery of the products. The orders placed must include all the information necessary for the correct processing of the order.
The customer must also select the chosen delivery mode.
5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the customer's order. A copy of the acknowledgement of the order is automatically sent to the customer by e-mail, provided that the email address communicated through the registration form is correct. .
The seller does not send any order confirmation by post or fax.
During the order procedure, the customer must enter the information necessary for the invoice (the sign (*) will indicate the required fields to be filled in order for the customer's order to be processed by the seller).
In particular, the customer must clearly indicate all the information concerning the delivery, in particular the exact address of delivery, as well as any access code to the delivery address.
The customer will then have to specify the means of payment chosen.
Neither the purchase order that the customer establishes online, nor the acknowledgement of the order that the seller sends to the customer by e-mail is an invoice.
5.3. Date of order
The date of the order is the date on which the seller acknowledges the order's receipt online. The deadlines indicated on the SITE start to run only from that date.
For all products, the customer will find on the SITE prices displayed in euros all taxes included, as well as the applicable shipping costs (depending on the weight of the parcel, excluding packing and gifts, the delivery address and the carrier or mode of Transport selected).
Prices include in particular the value added tax (VAT) at the rate in force on the order date. Any change to the applicable rate may affect the price of the products from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the product sold.
The prices of the vendor's suppliers are likely to be changed. As a result, the prices shown on the SITE may change. They can also be changed in the case of special offers or sales.
The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date the order is passed by the customer.
5.5. Availability of products
The unavailability of a product is in principle indicated on the page of the product concerned. Customers can also be informed of the replenishment of a product by the seller.
In any event, if the unavailability has not been indicated at the time of the order, the seller agrees to inform the customer without delay if the product is unavailable.
The seller may, at the request of the customer:
Either propose to ship all the products at the same time as soon as the products out of stock will be again available,
Either proceed to a partial shipment of the products available at first and then to the shipment of the remainder of the order when the other products are available, subject to clear information regarding the costs of transport Additional information that may be
If the customer decides to cancel his order for unavailable products, he will obtain the refund of all the sums paid for the products not available at the latest within thirty (30) days of the payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided for in the ' retraction policy ', a policy available in Schedule 1 Present and accessible at the bottom of each page of the SITE via a hyperlink.
Article 7. Payment
7.1. Means of payment
The customer can pay his products online on the SITE according to the means offered by the seller.
The customer guarantees to the seller that he has all the necessary authorizations to use the chosen means of payment.
The seller will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is in this capacity specified that all the information relating to the payment provided on the SITE msrp.fr are forwarded to the Bank of the SITE msrp.fr and are not processed on the SITE.
7.2. Date of payment
In case of single payment by credit card, the customer's account will be debited as soon as the order of products passed on the SITE msrp.fr
In the case of partial delivery, the total amount will be debited from the customer's account as soon as the first parcel is shipped. If the customer decides to cancel his order for unavailable products, the refund will be made in accordance with the last paragraph of article 5.5 of these general Conditions.
7.3. Delay or denial of payment
If the bank refuses to debit a card or other means of payment, the customer must contact the seller's customer Service in order to pay the order by any other valid means of payment.
In the event that, for some reason, opposition, refusal or otherwise, The transfer of the cash flow owed by the customer is prove impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and archiving
Any contract concluded with the customer corresponding to an order of an amount greater than 120 euros TTC will be archived by the seller for a period of ten (10) years in accordance with article L. 134-2 of the consumer code.
The seller agrees to archive this information in order to keep track of the transactions and to produce a copy of the contract at the request of the customer.
In case of litigation, the seller will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The seller remains the owner of the products delivered up to their complete payment by the customer.
The above provisions shall not preclude the transfer to the customer, at the time of receipt by him or by a third party designated by him other than the carrier, of the risks of loss or damage to the products subject to the reservation of title, as well as of Risk of injury they may cause.
Article 10. Delivery
The terms of delivery of the products are provided for in the "delivery policy" referred to in Annex 2 Present and accessible at the bottom of each page of the SITE via a hyperlink.
Article 11. Packaging
The products will be packaged according to the current transport standards in order to guarantee maximum protection for the products during delivery. Customers undertake to comply with the same standards when returning products under the conditions set out in annex 1 ' retraction policy '.
Article 12. Guarantees
12.1. Compliance Guarantee
Article L. 211-4 of the consumer Code : The seller is required to deliver a contract-compliant property and responds to defects in conformity that exist at the time of issuance.
Article L. 211-5 of the consumer Code : To comply with the contract, the property must:
1 ° be specific to the usual use expected of a similar property and, if applicable:
-correspond to the description given by the seller;
-to present the qualities that a purchaser can legitimately expect in respect of public declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2 ° or present the characteristics defined by common agreement by the parties or be specific to any special use sought by the purchaser, brought to the knowledge of the seller and which he has accepted.
The seller is required to deliver a compliant product that is specific to the expected use of a similar property and corresponding to the description given on the SITE msrp.fr. This conformity also implies that the product presents the qualities that a purchaser can legitimately expect in respect of the public declarations made by the seller, including in advertisements and on labelling
12.2. Guarantee of hidden defects
The seller is bound by the guarantee because of the hidden defects of the product sold which make it unfit for the use to which it is intended, or diminishing this use so much that the customer would not have acquired it, or would have given only a lesser price if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the customer who can prove the existence of a hidden defect to choose between the reimbursement of the price of the product if it is returned and the reimbursement of part of its price, if the product is not returned.
Article 13. Responsibility
In no event shall the seller's liability be incurred in the event of a breach or improper performance of the contractual obligations attributable to the customer, particularly when the order is entered.
The seller may not be held liable, or considered to have failed herein, for any delay or breach, where the cause of the delay or failure is related to a case of force majeure as defined by the jurisprudence of the courts and French courts.
It is also specified that the seller does not control websites that are directly or indirectly linked to the site. Consequently, it excludes any liability for information published therein. Links to third party websites are provided only as an indication and no warranty is provided as to their content.
Article 14. Policy
The seller collects on the SITE msrp.fr Personal data about its customers, including through cookies. Customers can disable cookies by following the instructions provided by their browser.
The data collected by the seller is used to process the orders placed on the SITE msrp.fr, manage the customer's account, analyze the orders and, if the customer has chosen this option, send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the customer Wish to receive such communications from the seller.
The customer's data are kept confidential by the seller in accordance with his declaration made with the CNIL, for the purposes of the contract, its execution and in compliance with the law.
Customers can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided below this every offer received by e-mail.
In accordance with Law n ° 78-17 of January 6, 1978 relating to data processing and liberties, the CLIENT enjoys a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. It may exercise this right by sending an e-mail to the address: CONTACT@MSRP.FR Either by sending a mail to MSRP 4 Rue Calixte Camelle 33600 PESSAC
It is specified that the CLIENT must be able to justify his identity, either by scanning a piece of identification or by sending the seller a photocopy of his identity document.
Article 15. Claims
The seller makes available to the customer a " Customer Service "By Email address CONTACT@MSRP.FR
Article 16. Intellectual Property
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These items are the exclusive property of the seller. Anyone who publishes a website and wants to create a direct hyperlink to the site must request the seller's permission in writing.
This authorization of the seller will not be granted definitively. This link should be deleted at the seller's request. Hypertext links to the SITE that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly forbidden.
Article 17. Validity of the general Conditions
Any amendment of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these general conditions, shall not affect the validity of these general conditions. Such an amendment or decision does not in any way allow customers to disregard these general Conditions.
Any conditions not expressly addressed herein will be governed in accordance with the use of the trade sector to individuals, for companies with registered offices in France.
Article 18. Changes to the general Conditions
These general terms and conditions apply to all purchases made online on the website msrp.fr, as long as the SITE is available online.
The general terms and conditions are accurately dated and may be modified and updated by the seller at any time. The general Conditions applicable are those in effect at the time of the order.
Changes to the general terms and conditions will not apply to products already purchased.
Article 19. Jurisdiction and applicable law
The present general Conditions and the relations between the customer and the seller are governed by French law.
In the event of a dispute, only the French courts will be competent.
However, prior to any recourse to the arbitral or state judge, the negotiation shall be privileged in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict in relation to this contract, including its validity.
The party wishing to implement the negotiation process shall inform the other Party by registered letter with acknowledgement of receipt indicating the elements of the conflict. If, at the end of a period of fifteen (15) days, the parties fail to agree, the dispute shall be submitted to the competent court referred to below.
During the whole process of negotiation and until its outcome, the parties prohibit themselves from exercising any legal action against each other and for the dispute which is the subject of the negotiation. By exception, the parties are allowed to seize the jurisdiction of the interlocutors or to request an order on request. A possible action before the jurisdiction of the interlocutory proceedings or the implementation of a procedure on request does not entail any renunciation of the amicable settlement clause on the part of the parties, except as expressly stated otherwise.
Policy of withdrawal
Principle of withdrawal
The customer has as a principle the right to return or to return the product to the seller.
The withdrawal period expires fourteen (14) calendar days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the product.
Open products will be excluded from the right of withdrawal
Notification of the right of withdrawal
In order to exercise its right of withdrawal, the customer must notify his decision to withdraw from this contract by means of an unambiguous declaration by mail to the following address: CONTACT@MSRP.FR
In order for the withdrawal period to be respected, the customer must forward his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of retraction
In case of withdrawal from the customer, the seller undertakes to reimburse all the sums paid, including the delivery costs without undue delay and, in any event, no later than fourteen (14) days from the day on which the seller is informed of V Olonté of the CLIENT to retract.
The seller will reimburse using the same means of payment as the customer has used for the original transaction, unless the customer expressly agrees to a different means, in any event, such reimbursement will not cause Cost to the customer.
The seller may defer reimbursement until receipt of the property or until the customer has provided proof of shipment of the property, whichever date is the first of those facts.
The customer shall, without undue delay and, in any event, not later than fourteen (14) days after communication of his decision to withdraw from this contract, return the property to MSRP 4 Rue Calixte Camelle 33600 PESSAC
This period is deemed to be respected if the customer returns the property before the expiration of the fourteen-day period.
The customer will be responsible for the direct costs of returning the property.
State of the Returned property
The product must be returned according to the seller's instructions Not have been opened
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following assumptions:
- Product that has been opened and used.
- Supply of goods made according to customer's specifications or clearly personalized
- Supply of goods that may deteriorate or expire quickly
- Provision of audio or video recordings or sealed software that have been unsealed after delivery
- Journal, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering or leisure-related services if the offer provides for a specific date or period of performance
- Supply of goods which by their nature are mixed in an inseparable way with other articles
- Supplies of sealed goods which cannot be returned for reasons of health or hygiene protection and which have been unsealed by the customer after delivery
- The supply of alcoholic beverages the price of which has been agreed upon when the contract of sale is concluded, the delivery of which can only be carried out after 30 days and the actual value of which depends on market fluctuation beyond the control of the seller
- Provision of non-materialized digital content if the execution began with the express prior agreement of the consumer, which also acknowledged that it would lose its right of withdrawal
- Contracts concluded at a public auction
The products offered can be delivered anywhere for an additional delivery fee.
The products are shipped to the delivery address that the customer will have indicated during the process of control.
The deadlines for preparing an order and then making the invoice, before shipment of the products in stock are mentioned on the SITE. These deadlines are not weekends or public holidays.
An e-mail message will be automatically sent to the customer at the time of shipment of the products, provided that the email address on the registration form is correct.
Time and delivery costs
During the order process, the seller tells the customer about the possible shipping times and formulas for the products purchased.