Article 1: Preamble
These terms and conditions of sale are entered into, on the one hand, by the company Market 786 SAS, whose registered office is located at 24 rue Germain Planque 93600 Aulnay-Sous-Bois, hereinafter referred to as "the seller", and, on the other hand, by any natural or legal person wishing to make a purchase via the seller's website, hereinafter referred to as "the buyer".
Article 2: Purpose
These terms and conditions of sale define the contractual relationship between the seller and the buyer, as well as the conditions applicable to any purchase made through the seller's website, whether the buyer is a professional or a consumer. Purchasing a good or service through this website implies the buyer's unreserved acceptance of these terms and conditions of sale. These terms and conditions of sale shall prevail over any other general or specific terms and conditions not expressly agreed to by the seller.
The seller reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable terms and conditions will be those in effect on the date the order is placed by the buyer.
Article 3: Characteristics of the goods and services offered
The products and services offered are those listed in the catalog published on the seller's website. Each product is accompanied by a description provided by the supplier. The photographs in the catalog are as accurate as possible but cannot guarantee a perfect match with the product offered, particularly with regard to colors. These products and services are offered subject to availability. If, despite the seller's best efforts, all or part of the items are unavailable, the seller will inform the buyer by email as soon as possible and offer the option of waiting or canceling the order for the unavailable items free of charge. The available items will be delivered as usual.
Article 4: Prices
The prices of products and services displayed on the website are shown in euros, inclusive of all taxes (VAT and other applicable taxes). The seller reserves the right to change prices at any time. However, the prices applicable to the order are those in effect at the time of order confirmation. The prices shown do not include order processing, shipping, and delivery charges, provided that delivery takes place within the geographical areas specified below.
Article 5: Geographical Zones
Online sales for home delivery of products featured on the seller's website are reserved for buyers residing in the Île-de-France region. There is no geographical restriction for "drive" sales (on-site collection of products after ordering), provided the customer is able to pick up the ordered products at the store address.
Article 6: Orders
The buyer, wishing to purchase a product or service, must: – complete the identification form, providing all the requested contact information, or provide their customer number if they have one; – complete the online order form, providing all the references for the chosen products or services; – validate their order after reviewing it; – make payment according to the stipulated terms; – confirm their order and payment. Order confirmation implies acceptance of these terms and conditions of sale, acknowledgment of having read and understood them fully, and waiver of any right to invoke their own terms of purchase or any other conditions. All data provided and the recorded confirmation will serve as proof of the transaction. Confirmation will constitute a signature and acceptance of the transactions carried out.
After confirmation by the buyer, the seller will send an email confirming the order. The seller will check product availability and send an order confirmation if the reserved product(s) are available. If all or part of the product(s) are unavailable, the order will be canceled. In the latter case, the buyer will only pay for the available products, which will be confirmed by email.
Article 7: Right of withdrawal
In accordance with the law, the consumer has the right to notify the seller that they are cancelling their purchase, without penalty and without giving a reason, within 14 days of the conclusion of the service contract. This right of cancellation does not apply to professional buyers. Within this period, the consumer must notify their intention to cancel by email and return the delivered product, at their own expense and risk, to the administrative headquarters of Market 786: 24 rue Germain Planque, 93600 Aulnay-Sous-Bois, France. Products must be returned in their original packaging, undamaged, with all accessories, the user manual, and the original invoice/delivery note. Returned products must not have been opened, unsealed, or used in any way. Incomplete, damaged, or soiled goods will not be accepted. Within 14 days of accepting the return of the goods, the seller undertakes to refund any payment made, excluding shipping costs. Unless otherwise agreed, the consumer may not exercise the right of withdrawal for contracts: 1° for the supply of services whose performance has begun with the consumer's agreement before the end of the withdrawal period; 2° for the supply of goods made to the consumer's specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly; 3° for the supply of audio or video recordings or computer software unsealed by the consumer; 4° for the supply of newspapers, periodicals or magazines; 5° for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; 6° the supply of goods which, after delivery, are, by their nature, inseparably mixed with other articles; 7° the supply of alcoholic beverages the delivery of which is deferred beyond thirty days and the value of which agreed upon at the conclusion of the contract depends on fluctuations in the market which are beyond the control of the professional.
Article 8: Payment Terms
Payment is made by credit card, Visa or Mastercard. The ordered items remain our exclusive property until full payment of the order by the buyer.
Article 9: Deliveries
Deliveries are made to the address indicated on the order form, which must be within the agreed geographical area. The goods are transported at the seller's risk until delivery to the address specified by the buyer. From that point onward, the buyer assumes all risks. Delivery times are provided for informational purposes only; if they exceed thirty days from the date of the order, the sales contract may be cancelled and the buyer refunded.
Article 10: Warranty
With regard to consumers, the seller guarantees the products it sells and the services it provides in accordance with Articles L. 217-4 et seq. of the French Consumer Code. If a product sold is found to be non-compliant within two months of delivery, the consumer must notify the seller as soon as possible, providing a detailed description by registered letter or email. This guarantee covers only non-conformities existing at the time of delivery. Defects or damage resulting from misuse, such as water damage, oxidation, drops or impacts, negligence, and normal wear and tear, are not covered by the guarantee. Similarly, repairs carried out by technicians not authorized by the supplier will void the guarantee. The invoice or delivery note serves as proof of warranty and must be kept by the consumer and presented in its original form. If the product is used for non-private purposes, the manufacturer's/supplier's limited warranty conditions apply.
Article 11: Responsibility
In the online sales process, the seller is only bound by an obligation of means; they cannot be held liable for any damage resulting from the use of the internet, such as data loss, intrusion, viruses, service interruptions, or other unintentional problems. Furthermore, the data presented on the website is provided in good faith. Links to manufacturers' and/or partners' websites are provided for informational purposes only. The seller cannot be held responsible for the information contained on these websites.
Article 12: Intellectual Property
All elements of the seller's website are and remain the exclusive intellectual property of the seller. No one is authorized to reproduce, exploit, redistribute, or use in any way whatsoever, even partially, any elements of the website, whether software, visual, or audio. Any simple or hypertext link is strictly prohibited without the seller's express prior written consent.
Article 13: Personal Data
All personal data necessary for processing an order is stored by the seller or its partners and may be transmitted to companies with which the seller – or its suppliers – collaborates, when such communication is necessary for order processing. The user also authorizes the seller to use this data to compile statistics in order to improve its website, goods, and services. This information may also be used to disseminate information about the seller's business activities to its customers through any means of communication. Finally, the seller retains personal data to facilitate future orders. Furthermore, the seller undertakes not to disclose the information it holds to any other company or business. The data held by the seller can be accessed and corrected at any time upon request.
Article 14: Evidence
The parties accept, within the framework of their relations, electronic means of proof (for example: email, computer backups, etc.).
Article 15: Dispute Resolution
These online sales terms and conditions are governed by French law. In the event of a dispute, the courts of the seller's registered office shall have jurisdiction, unless otherwise required by mandatory public policy provisions.
Market 786
contact@market786.fr