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General terms and conditions of sale

Preamble

The present Preamble is an integral part of the General Sales Conditions.

Article 1. Parties to the present act

Between the undersigned :
1° The company MY MAILLOTS LTD with a capital of $3000, registered in the Hong Kong Trade and Companies Register under the number 42274465, whose head office is located at 822 Lai Chi Kok Rd, Lai Chi Kok 0000 Hong Kong – Hong Kong. Hereinafter referred to as the “Seller”, on the one hand, and 2° Any natural person wishing to make a purchase on the Seller’s website. Hereinafter referred to as the “Buyer”,
On the other hand, it has been exposed and agreed as follows:

Article 2. Purpose

The Buyer and the Seller agree that their relationship as well as the access and use of the site www.mymaillotsformations.com (hereinafter “the Site”) will be governed exclusively by :

  • These General Terms and Conditions of Sale, to the exclusion of all other terms and conditions, and that they shall prevail, if necessary, over any other version or any other document
  • Privacy Policy
  • Cookie Policy
  • Legal Notice
  • Applicable laws and/or regulations.

The acquisition of a Formation on the Seller’s site implies the knowledge and acceptance without reserve by the Buyer of the present General Terms and Conditions of Sale in force on the day of the order, the conservation and reproduction of which are ensured by the Seller. Each Buyer undertakes to respect the purpose of the Site and not to use it in such a way as to divert it from its purpose of selling Formations online. The Seller reserves the right to modify its General Conditions of Sale at any time.

In case of modification, the applicable General Terms and Conditions of Sale are those in force at the date of the order by the Buyer, a dated copy of which can be given to him at his request. The fact that the Seller does not claim the application of any clause of the General Terms and Conditions of Sale or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by the Seller of its rights arising from the said clause. These Terms and Conditions of Sale were updated on June 10, 2021. This edition cancels and replaces the previous versions.

Article 3. Definitions

3-1. Seller:

The company MY MAILLOTS LTD with a capital of $3000, registered in the Trade and Companies Register of Hong Kong under the number 42274465, whose head office is located 822 Lai Chi Kok Rd, Lai Chi Kok 0000 Hong Kong – Hong Kong.

3-2. Buyer:

Refers to any natural person wishing to make a purchase on the Site.

3-3. Formation:

Refers to any online formation offered on the Site.

3-4. Delivery:

Refers to the transfer to Buyer of physical possession or control of the Formation.

3-5. Site:

Refers to the infrastructure developed by the Seller according to the computer formats usable on the Internet including data of various natures, and in particular texts, sounds, still or animated images, videos, databases, intended to be consulted by the Buyer to learn about its products and services and, if applicable, to make a purchase thereof. The Site is accessible at the following address: https://www.mymaillotsformations.com .

3-6. Internet:

Refers to different networks of servers located in various places around the world, linked together using communication networks, and communicating using a specific protocol known as TCP/IP.

Article 4. Prices

The prices of the Formations offered for sale on the Site are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.

Likewise, if one or more taxes or contributions are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Formations on the Site.

The Seller reserves the right to modify at any time the prices of the Formations offered for sale on the Site. The Formation will be invoiced by the Seller to the Buyer on the basis of the price list in force at the time of the validation of the order and subject to the availability of the Formation.

The Seller undertakes to regularly check that all prices indicated on the Site are correct, but cannot guarantee the absolute absence of errors. If an error in the price of an item should occur, Seller will give Buyer the opportunity to reconfirm the purchase of the Formation at the correct price or to cancel the order. In the event that Seller is unable to contact Buyer, the order will be considered cancelled.

Article 5. Order

The Buyer may browse the Site and order Formations offered for sale on the Site, subject to their availability. At the time of an order, the contractual information is presented by the Seller in English language and is the subject of a conformation by the Purchaser at the latest at the time of the validation of the order. The Buyer who wishes to purchase a Formation by placing an order must then fill in an identification form on which he/she must indicate the following information.

  • Email address
  • First and last name
  • Postal address
  • Telephone number
  • Payment information

All data collected during the order process are processed in accordance with Article 15. The Buyer in possession of a Customer Account (see Article 14) and wishing to purchase a Formation by placing an order is exempt from filling in the identification form (except for payment information) and can therefore place an order more quickly.

Article 6. Validity and validation

Any order of formations on the Site by the Buyer implies the full and complete adhesion of the Buyer and the Seller to the present General Conditions of Sale, without exception or reserve. A summary of the order of formations is communicated by the Seller to the Buyer on the e-mail address indicated on the identification form of the Buyer during the order. The summary of the order of Formations includes the following information:

  • a summary of the Formations ordered,
  • the price
  • the date and time of the order
  • the payment method chosen by the Buyer
  • the withdrawal period from which the Buyer benefits as well as the form allowing him to exercise it.

Buyer shall promptly verify the contents of the summary and immediately notify Seller of any errors or omissions. The confirmation of the order shall constitute a signature and acceptance of the transaction by the Buyer and the Seller.

However, in case of fraudulent use of his credit card, the Buyer is invited, as soon as he notices this use, to contact the Seller’s customer service as soon as possible. It is expressly agreed that, except in the case of an obvious error on the part of the Vendor, the data stored in the Vendor’s computer systems, under reasonable security conditions, have evidential value with respect to the orders placed by the Purchaser. Data on computer or electronic media shall constitute valid evidence and as such shall be admissible under the same conditions and with the same evidentiary force as any document that would be established, received or kept in writing.

Article 7. Payment

The validation of the order of Formations implies for the Buyer the obligation to pay the price indicated on the confirmation of order. The Buyer must pay for his purchases online at the time of the order by credit card (Carte Bleue, e-carte bleue, Visa, Eurocard, Mastercard). The payment of the purchases of Formations on the Site can also be made by Paypal, a highly secure web payment infrastructure certified PCI level 1.

Article 9. Transfer of ownership

The Formations remain the entire property of the Seller until full payment of the price by the Buyer.

Article 10. Resolution

The order of Formations can be solved by the Purchaser in case :

  • Formation not conform to the declared characteristics of the formation
  • Price increase which is not justified by a technical modification of the product imposed by the public authorities.

The order of Formations can be cancelled by the Purchaser in case of :

  • Delivery beyond the deadline set in the purchase order or, in the absence of such a deadline, within 2 days of the conclusion of the contract, after the Seller has been enjoined, in the same manner and without result, to make the Delivery within a reasonable additional period

The order for Formations may be terminated by Seller in the event of:

  • Buyer’s refusal to accept delivery;
  • Non-payment of the price at the time of the validation of the order.

Article 12. Withdrawal

The Buyer benefits from a fourteen (14) day retraction period.

To exercise his right of withdrawal, the Buyer must inform the Seller by email info@mymaillotsformations.com or by our cancellation form. Its use by the Buyer is not mandatory.

Refunds will be made using the same payment method used by Buyer in the original transaction, unless Buyer expressly agrees to use another payment method and provided that the refund does not incur any costs to Buyer.

Article 13. Guarantees

All Formations offered for order by the Seller on the Site benefit from the legal guarantee of conformity and the guarantee against hidden defects. All claims, requests for exchange or refund must be made by email within 30 days of delivery. The provisions of this article do not prevent the Buyer from benefiting from the right of withdrawal provided for in Article 12.

Article 14. Customer account

The Buyer, if he wishes it, can create a customer account allowing him to reach many advantages: to order more quickly, to record various addresses, to follow his orders… To create a customer account, the Buyer must provide the following information:

  • First and last name
  • E-mail address
  • Check the “Create an account” box

All data collected during the creation of the customer account are processed in accordance with Article 15. The Buyer who has a customer account is obliged to log in to place an order for Formations on the Site. Furthermore, in accordance with Article 15 and the Seller’s Privacy Policy, a customer account is automatically created for any Buyer placing an order for Formations who does not yet have a customer account. This customer account will then be indispensable for all future orders of Formations. If the account becomes inaccessible to its holder, the latter may notify the Seller’s services by contacting the customer service.

Article 15. Personal data

In accordance with the law relating to data processing, files and freedoms of January 6, 1978, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Buyer’s nominative information may be subject to automated processing by the Seller. The processing of certain personal data of the Buyer is mandatory to order Formations, but also to create a customer account and subscribe to the newsletter. For more information on the processing of the Buyer’s personal data, the Buyer is invited to consult the Seller’s Privacy Policy, which is an integral part of the present General Terms of Sale.

Article 16. Cookies

When browsing the Site, the Buyer is led to consent to the use of cookies by the Seller. For more information on cookies, the Buyer is invited to consult the Cookie Policy which is an integral part of these General Terms and Conditions of Sale.

Article 17. Intellectual property

All elements of the Site, whether visual or audio, including software, all intellectual property rights such as trademarks, service marks, trademarks and copyrights are and remain the exclusive property of the Seller. Unless otherwise stated, the intellectual property rights in the documents contained on the Site and each of the elements created for this Site are the exclusive property of the Seller, who does not grant any license or any other right than that of consulting the Site and ordering Formations. Reproduction of any page or content of this Site by Buyer or any third party is subject to prior written permission from Seller. The reproduction of any documents published on the Site is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited by the Seller. It is forbidden to use the brands, images or any other element on which the Seller would hold intellectual property rights. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code (except as provided by law), sell, assign, sublicense or otherwise transfer any rights in the Site. It is also forbidden to modify the Site or to use modified versions of the Site and in particular (without this enumeration being restrictive) in order to obtain unauthorized access to the Site and to access the Site by any means other than through the interface which is provided to the Buyer by the Seller for this purpose. The Site and any software necessarily used in connection therewith may contain confidential information protected by applicable intellectual property or other laws. The Buyer who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Seller’s site, must request prior written authorization from the Seller, who reserves the right to refuse it without specific motivation. In any case, any unauthorized link must be removed upon simple request from the Seller.

Article 18. Responsibility

The Formations comply with the French legislation in force. The responsibility of the Seller cannot be engaged in case of non compliance with the legislation of a third country where the Formation is delivered. It is up to the Buyer to check with the local authorities the possibilities of import or use of the pre-ordered or ordered products. The Seller shall not be held responsible for any damage resulting from the misuse of the Formation by the Buyer or by any third party.

The Seller shall not be held responsible for any inconvenience or damage inherent to the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses. The same applies to potential hypertext links present on the Site. Finally, the responsibility of the Seller could not be engaged in the case where the non-fulfilment of its obligations would be attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by the French jurisprudence, or to the fact of the Buyer.

Article 19. Force majeure

In the event of the occurrence of an event of force majeure or an act of God, due to the other party or a third party or to external causes such as social conflicts, intervention of civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or of the electrical network, without this list being limitative, the responsibility of the Buyer or the Seller cannot be sought if the execution of the contract is delayed or prevented.

Article 20. Filing and proof

The Seller shall archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1360 of the Civil Code. The computerized registers of the Seller will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.

Article 21. Dispute

In the event of a dispute, the Buyer must first contact the Seller’s customer service department by e-mail via our contact form or by post (MY MAILLOTS LTD – 822 Lai Chi Kok Rd, Lai Chi Kok 0000 Hong Kong – Hong Kong). The Buyer and the Seller remain free to accept or refuse the recourse to the settlement of a dispute by mediation as well as to accept or refuse the solution proposed by the mediator. In the absence of an amicable agreement, the competent court to resolve the dispute is that of the place of residence of the defendant or that of the place of actual delivery of the Formation. The present General Terms and Conditions of Sale are therefore subject to Hong Kong law.

Article 22. Duration

The present conditions apply throughout the duration of the online availability of the Formations offered for sale by the Seller.

Article 23. Domicile

The parties elect domicile at the addresses indicated on the order form for the Buyer and at the address appearing on the site for the Seller.

Article 24. Nullity

If any of the clauses of these General Terms and Conditions of Sale were to become null and void in accordance with a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without entailing the nullity of the entire General Terms and Conditions of Sale or altering the validity of its other provisions.