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THE M’ITIK® GUIDE
Terms & conditions
Introduction
M’iTiK website is the property of SAS CEMPP, so are all the rights relating to it. Any full or part copy has to be authorized by the owners.
. Sales terms’purpose is to frame the sales between M’iTiK and customers.
SAS CEMP
9 traverse Bellevue
30133 Les Angles
Registered to RCS 382 355 659 00022
Agreement of general terms and conditions
The customer acknowledges having acquainted Sales terms before ordering, and accept them without any reservation.
These general terms & conditions govern the contractual relationship between M’iTiK and its customer, both parts accepting them without any reservation.
Orders
Automatic registration systems are considered as worth proof of the nature, content and date of the order.
Customer’s order acceptation will be confirmed byM’iTiK at the email address provided by the customer, the sale will then be considered concluded.
M’iTiKreserves the right to cancel the order of a customer with whom there is a payment litigation on a previous order, or any command having an abnormal characteristic such as outrageous quantities.
The information stated and seizure during the order made on M’iTiK’s website by the buyer make him/her responsible if a mistake occurs on the caption of his address. In this case, the seller will not be held responsible for the impossibility to deliver the order.
M’iTiK commits to honor its orders within the limit of the available stock.In case of a lack of availability, M’iTiK will inform the customer in the shortest delay and will mention him/her of the supply time; the order might then be delivered in several times without any additional fee for the customer.
On customer’s request, the order might be canceled up to the value of the missing products with a refund by check within 21 to 30 days.
Products
Pictures illustrating products are owned by SAS CEMPP and cannot be used by a third party.
Those pictures are for information only and have no contractual nature.
Most products offered by M’iTiK are available from stock.
All M’iTiK’s specials offers are available “within the limit of available stock”.
Products offered are in accordance with the French legislation and the standards applicable in France and in the European Union.
All products offer on M’iTiK come from the manufacturer or from its distributor.
M’iTiK undertakes not to sell counterfeit product.
The customer agrees to send back at the expense of M’iTiK, any product that M’iTiK could ask to return within 48 hours from the reception of an email alert. (Withdrawal of the product by the manufacturer, health authority,etc…).
The product will then be exchanged by another one or an equivalent or a refund by check within 21 to 30 days.
If the customer does not follow the procedure, M’iTiK declines all responsibilities for any damage that could happen, and the customer would not be able to seek any remedies and damages or indemnities.
Product’s ownership transfer applies once the full payment transaction is complete.
Price
Prices are in euro.
The price indicated on the “product sheet” does not include transport’s fees.
The price on the order’s confirmation is the final price, including all taxes and VAT for France and CEE’s countries. It includes products’ price, handling fees, packing and product’s conservation’s fees, transport’s fees and commissioning.
Payment
The price charged to the customer is the price mentioned on the order’s confirmation given by M’iTiK.
Payment by bank transfer
PayPal Payment
The product’s price is payable in his integrity the day of the order.
Payment is made by credit card wearing the initial CB.
Online payment will be insured by the CREDIT AGRICOLE bank server in a safe environment.
Your card’s number heads toward the bank servers, your payment takes place directly in the bank in a safe environment without passing by a shop’s server, so your card’s number is only known by our banking partner.
The order validated by the customer will only be considered effective once the bank payment centers will have given their consent. If the payment centers refuse the transaction, the order will automatically be canceled and the customer will be informed by email. SAS CEMPP also reserves the right to refuse any order coming from a customer with whom the company already had any litigation.
We do not keep any data relative to our customer’s credit card after a payment.
Guarantee (uncharged service)
If the ordered product is damaged or flawed when it’s delivered, the customer has 7 days to send back the merchandise in its original packaging without any deterioration on the product or on the packaging, for an exchange or a refund.
Returned product must be untouched, unworn and sent back with its catalogue or accessories it was delivered with.
Return shipping fees has to be covered by customer and return products have to be sent to the following address:
SAS CEMPP
9, traverse Bellevue
30133 Les Angles
If the delivered product doesn’t correspond to the one ordered, return has to be done only by Colissimo France. Return shipping fees will be refunded to the customer based on Colissimo’s price list. A copy of the proof of shipping with price and tracking number will be expected from customer.
SAS CEMPP won’t be responsible, in any case, for the non-compliance of laws and regulations hold in the reception’s country. SAS CEMPP responsibility is strictly limited to the product value questioned, at the selling date, without any possibilities to resort to the brand or the company factoring the product.
The customer will always benefit from legal guarantee of eviction and latent defect (Art. 1625 and following of Civil Code). Legally, on condition that the buyer proves the hidden flaw, the seller has to repair all the consequences (Art. 1641 and following of Civil Code). If the buyer goes to tribunals, it has to be done in the “shortest time” from the hidden flaw discovery (Art. 1648 of Civil Code). You can contact the customer service by emailing at the following address: commercial@mitik.fr. You will receive an answer in 2 business days at the latest.
Delivery
The execution of the order and the shipment will startafter reception of payment.Products will be delivered to theaddress mentioned during the order process, in the time limit mentioned on the validation order page. Deliveries will be done by La Poste through COLISSIMO, delivery service with tracking option (with or without signature or delivery in a picking point). Delivery times are indicative, if it lasts longer than 30 days from the order day date, the sell contract can be canceled and the buyer will be pay back.
Tracking order (untaxed service)
At any moment, the customer can follow its order onwww.mitik.fr or by sending an email to commercial@mitik.fr.
Withdrawal (untaxed service)
The customer has 7 day-time limits from the items’ reception to make his/her opinion. If the customer wants to exchange the merchandise or be refunded, he must send back the order in its original product packaging without any damage on the product nor the packaging.
The returned product must be untouched, unworn and sent back with its documentation or accessories it was delivered with.
Return shipping fees has to be covered by customer and return products have to be sent to the following address:
SAS CEMPP
9 traverse Bellevue
30133 Les Angles
In case of use of your statutory right of withdrawal, SAS CEMPP must refund the customer in total without any charges.
Merchandise must be returned in total and as new as it was sent, shipping fees covered by the customer. We shall reimburse to you all payments receivedwithout undue delay and, in any event, no later than 30 days from the day on which we received the product concerned about your decision to exercise your right of withdrawal.
If the customer wants to exchange products, new products will be shipped to customer’s charge, as soon as CEMPP will receive the ones which didn’t suit.
Litigation
This contract is subjected to the French law, the SAS CEMPP can’t be considered as responsible for the damage of all nature, neither material nor immaterial or corporal, which could result from a malfunction or a wrong use of commercialized products. It’s the same for the eventual changes of products from manufacturers. The responsibility of SAS CEMPP will be, in any case, limited to the amount of the order and won’t beblamed for simple mistakes or omissionswhich could remain despite all precautions taken in the product presentation. In case of difficulties in the accordance of this contract, the buyer has the opportunity, before any lawsuit, to look for an amicable settlement, especially with the help of a professional association from the department, consumer association or any other advice institution from his/her choice. As reminder, the search for an amicable settlement don’tinterrupt the “short period” of the legal guarantee, neither the contractual guarantee period. As reminder, as a general rule and on condition of courthouses judgment, the respect of measures of this contract related to the contractual guarantee implies that the buyer honors his/her financial engagement to the seller.
Claim and dispute will always be received with a careful kindness, the goodwill will be always presumed to the one who expose his/her situation. In case of litigation, the customer will always speak to the company in priority to obtain an amicable agreement.
Awarding of jurisdiction
By express convention, between SAS CEMPP and the customer who agrees without reservation or with no legal recourse as soon as he addresses, validates and pays his/her order to SAS CEMPP: business act of sell is established and realized to the headquarters of SAS CEMPP – 9 traverse Bellevue 30133 Les Angles, France, the customer’s address is only the place of delivery and cannot be considered, in any event, as the place of business transaction.
It results from previous text that only French law, with the exception of any other lawis practical to the business activity of SAS CEMPP.
In case of disagreement concerning this terms & conditions or any acts or situations which results from them, and in the absence of amicable agreement, when the joint contracting has any storekeeper quality, the plaintiff can choose in a contractual way between the jurisdiction of Aix en Provence, France or the jurisdiction of the place where the product was delivered.
Responsibility
Hyperlinks to the website are authorized without any request.
Potential hyperlinks on M’iTiK website and bringing the users toward other internet websites do not engage M’iTiK responsibility on the content of this other websites.
M’iTiK can’t be accused of any direct or indirect damages due to the podcast by a third party of a virus through our website and likely to infect our IT or the IT configuration of your computer.