SELLER IDENTITY
The seller is:
Métal Pointu's © trademark by Bouhnik Bernard the creator.
E-mail: metalpointus@hotmail.fr
All orders on the Site are subject to these general conditions of sale. These are subject to change and update. The conditions applicable to the order of a product by a customer are those in force on the day of the order. These general conditions of sale are subject to French law, unless there are contrary mandatory provisions such as those arising from the Rome Convention on the law applicable to contractual obligations of 19 June 1980.
OBJECT
These general conditions of sale (hereinafter the "General Conditions of Sale") exclusively govern sales made on the metalpointus.fr website (hereinafter the "Site") of products offered by Metal Pointu's © to buyers with the quality of consumers (hereinafter the “Customer (s)) and specify the conditions of order, payment, delivery and management of any returns of products ordered by Customers.
The General Conditions of Sale are made available to Customers on the metalpointus.fr Site where they can be directly consulted.
The General Conditions of Sale are enforceable against the Customer who declares to have read and accepted them by checking the box "I accept the General Conditions of Sale" before the implementation of the online ordering procedure.
Metal Pointu's © reserves the right to modify its General Conditions of Sale at any time. In case of modification of the General Conditions of Sale, the applicable CGV are those in force at the date of the validation of the order. It is therefore up to the Customer to refer to it during each order validation.
The nullity of a contractual clause does not invalidate the General Conditions of Sale.
The temporary or permanent application of one or more clauses of the General Conditions of Sale by Metal Pointu's © cannot be considered as a waiver on its part of the application of this or these clauses or other clauses of the General Conditions of Sale which continue to produce their effects.
III. THE CUSTOMER
The client of the Site must be a consumer, a major natural person and legally capable. The customer must, when placing their first order on the Site, open a customer account and complete an order form specifying certain mandatory fields so that their order for products can be taken into account by Metal Pointu's ©.
The information communicated to Metal Pointu's © within the framework of the opening of its customer account or during each of its orders must be complete, exact and up to date. Metal Pointu's © may, if necessary, ask the customer for confirmation - by any means - of this information and of its identity.
In view of the commercial policy described above, Metal Pointu's © reserves the right not to follow up on orders from subjects which differ from the "Consumer" or orders which do not comply with its commercial policy.
PRODUCTS
On metalpointus.fr only premium products are sold. Producers and resellers are carefully selected for their rigorous quality controls.
Metal Pointu's © does not sell second-hand, defective or substandard products below the standards offered on the market.
The essential characteristics of the products are presented on metalpointus.fr inside each product sheet. The images and colors of the products sold on metalpointus.fr may however not correspond to the actual colors under the effect of the Internet browser and the screen used.
Regarding personalized products, the customer acknowledges that he is content to "personalize" a product created by Metal Pointu's © and that this "personalization" involves no creative effort. All intellectual property rights relating to the personalized product belong exclusively to Metal Pointu's ©.
It is however agreed, as a condition precedent to any sale of personalized product that the customer undertakes, in the event of creation on his part to cede if necessary under the legal guarantees to metalpointus.fr: the model, including the drawings , plans, product specifications possibly created by the Customer on the metalpointus.fr site and all copyrights attached to it.
The assignment includes the assignment of exclusive rights:
a) to manufacture, reproduce, distribute and / or sell the products
b) to manufacture, distribute and / or sell any product derived from the model or drawings,
c) grant any license or sub-license for any of the purposes listed above,
Metal Pointu's © considers that by validating the General Conditions of Sale, the Customer has duly taken cognizance of the conditions for the transfer of rights from "his possible Creations" and accepts them without reservation. If the Customer transmits a personal reason or personalizes the product by adding a text, he assures metalpointus.fr that the text and / or the reason chosen are free from third party rights. In the event of possible violations of copyright, personality or the law, these are the sole responsibility of the Client and the latter alone will assume any legal consequences.
If Metal Pointu's © were prosecuted on this account, the customer undertakes to guarantee Metal Pointu's © from any conviction that may result. The Customer also ensures that he does not infringe any other third party rights by individualizing the product.
PLACE ORDER
Steps
Taking orders on the Site is subject to compliance with the procedure set up by Metal Pointu's ©, embodied by a succession of different screen pages indicating the steps that the customer must imperatively follow to confirm their order.
The customer will have the possibility, before definitively validating his order, to check the detail of it and its total price, and to correct any errors, before confirming it to express his acceptance.
Verification of the order
Metal Pointu's © will also be entitled to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order as well as any order not in accordance with these general conditions of sale.
In these cases, Metal Pointu's © will inform the customer by telephone or by email. If the customer fails to proceed with Metal Pointu's © to correct elements that are incorrect or contrary to these general conditions of sale, Metal Pointu's © reserves the right not to process the order
3. Procedure
Start by making your selection by browsing the site or by using our advanced search mode if you know what you are looking for.
Click on the images to access the pages held, then to the product pages to view the details of each product. Add the items to your basket after selecting the size and quantity by clicking on "Add to basket".
Then check the nature of the items added to your basket.
To delete an article, click on "Delete" and to change the number of articles, modify the quantity and click on "Refresh".
You can then finalize your order or choose to continue shopping.
To conclude the purchase contract for one or more products on metalpointus.fr, you must complete the order form offered by the site by following the relative instructions.
The order form contains a summary of the General Conditions of Sale, but also information on the essential characteristics of each of the products ordered and the price which refers to them (including applicable taxes), the means of payment you may use to purchase each product and the terms of delivery of the products purchased, shipping and delivery costs, the conditions for the exercise of your right of return, and finally, the terms and deadlines for returning the products purchased.
The contract is concluded when Metal Pointu's © receives, by electronic means, your order form and once the accuracy of the data relating to the order has been verified.
Before proceeding to the purchase of the products by the transmission of the order form, you will be asked to read carefully the General Conditions of Sale.
The order form will be archived in our database for the time necessary to dispatch orders and according to legal deadlines. You can access your order form by consulting the "My account / My orders" section.
Before transmitting the order form, you will also be asked to detect and correct any data entry errors.
The language available to conclude the contract with Metal Pointu's © is French.
Once the contract is concluded, Metal Pointu's © will take charge of your order.
In the event that the products presented on metalpointus.fr are no longer available or on sale at the time of your last access to the site or when the order form is sent, Metal Pointu's © must communicate to you promptly, and in all cases, before thirty working days from the day following your order, the possible unavailability of the products ordered. In the event of transfer of the order form and payment of the price, Metal Pointu's © will do whatever is necessary to reimburse the amount you have advanced.
With the telematic transmission of the order form, you accept the General Conditions of Sale and you agree to observe, in relations with Metal Pointu's ©, these conditions. If you disagree with certain terms indicated in the General Conditions of Sale, we invite you not to transfer your order form for the purchase of products on metalpointus.fr and to contact us via the contact form.
Modification or cancellation of order
Orders are not subject to change due to the immediate execution of these and for technical reasons.
In the event of a malfunction of the site that affected orders or transactions, or a stock shortage concerning the products ordered, Metal Pointu's © will have the possibility of canceling online orders placed by customers. He informed the customer by email or phone to indicate the reason for the cancellation of orders placed.
1.PRICES AND PAYMENT TERMS
The prices displayed on the site are indicated in Euros for all areas.
For all countries with a delivery address in France and in countries belonging to the European Union, products will be invoiced in Euros. The prices displayed on the E-shop are inclusive of all taxes (VAT), excluding delivery costs. The prices invoiced to the customer are those in force on the date of the order.
For customers residing outside the territory of the European Union and in the French overseas departments and territories, it is specified that the prices displayed on the Site will be invoiced all customs taxes included. These prices must be understood as "delivered duty paid" (or DDP "Delivery Duty Paid"). Metal Pointu's © will pay the freight forwarder when the product is imported, the total amount of customs duties and formalities, import taxes applicable in the country where delivery is requested.
The payment of these costs which may be necessary for the entry of the products ordered into the delivery territory is the responsibility of Metal Pointu's ©.
Payment is made by bank card.
For payments by bank card, the customer must hold the bank card used. He has access to a dedicated space provided, which provides security and the recording of the payment order.
The customer is informed that, in order to fight against internet fraud, a check will be carried out with the competent banking establishments and organizations, questioned via the system of the company 3D Secure.
Since 2001, Visa and MasterCard have implemented a program to secure transactions on the Internet: 3D-Secure.
The purpose of this program is to combat fraud by asking Internet users who wish to make a payment on the Internet to identify themselves when paying by bank card on the online store.
During the transaction, the bank card holder can be directed to a page of his bank and enters a data which the latter can verify.
This security is materialized by the presence of the logos "Verified by VISA" or "MasterCard SecureCode".
This service is not subject to any pricing.
In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), the debit of the sums due by the customer proves to be impossible, the order will not be recorded by Metal Pointu's ©.
VII. DELIVERY
The customer is solely responsible for a delivery failure due to a lack of information when placing the order.
The customer takes the following delivery method So Colissimo:
So Colissimo (Home, Post Office, or merchant)
It is the responsibility of the Customer to ensure the external appearance of the packaging and to note on the delivery slip any damage visible on the packaging.
1.Delivery delay
The delivery times are as follows
COLISSIMO
France: 2 to 3 working days depending on your region
Europe: 3 to 4 working days
United States: 3 to 4 working days
Canada, China and Japan: 4 to 5 working days
Rest of the world: 4 to 5 working days
Metal Pointu's © undertakes to dispatch all orders placed before noon within three days (only on working days).
However, during busy periods like Christmas, Metal Pointu's reserves the right to extend the shipping time to 5 days.
It is specified that any change of delivery address made by the Customer after the registration of the order may result in an extension of the delivery time.
Metal Pointu's © and the carriers being separate and independent entities, Metal Pointu's © cannot be held responsible for any delay in delivery attributable to Colissimo
2.Late delivery
In case of exceeding the delivery deadline which had been indicated to the Customer which would not be attributable to the Customer, to an unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure, the Customer may request the resolution of the sale by registered letter with acknowledgment of receipt or in writing on another durable medium. For this, he must order Metal Pointu's © by registered letter with acknowledgment of receipt to deliver the Product (s) within a reasonable additional time. If Metal Pointu's © has not complied within this period, it may send a registered letter with acknowledgment of receipt of resolution.
The contract will be considered terminated on receipt by Metal Pointu's © of the letter or written notice informing it of this resolution, unless Metal Pointu's © has been executed in the meantime.
If the delivery time constitutes for the Customer an essential condition of the contract, the contract will be considered as canceled upon receipt by Metal Pointu's © of the letter or written informing him of this resolution.
In the event of resolution for late delivery of the product (s), Metal Pointu's © agrees to reimburse the Customer for all the sums paid, at the latest within 14 days of the date on which the Customer has withdrawn from the contract.
VIII. RIGHT OF WITHDRAWAL AND TERMS OF RETURN
The customer has a right of withdrawal which he can exercise, without having to justify reasons, within fourteen (14) clear days from the receipt of the products ordered.
When the period of fourteen (14) days expires on a Saturday, a Sunday or a public or non-working day, it is extended until the next working day.
To simplify the exercise of the right of withdrawal, Metal Pointu's © asks customers to notify them by any means. On this occasion, the customer can specify whether he wishes a refund or in special cases a credit.
The customer will also have the option of contacting customer service by e-mail: metalpointus@hotmail.fr.
The products must be returned in perfect condition, complete (accessories, instructions, warranty ...) accompanied by the invoice and a word of explanation recalling the customer's contact details and their desire to receive a refund or credit, to the address, which we will send you by email.
Shipping costs related to the return of products remain the responsibility of the customer unless the product received does not comply or has a manufacturing defect.
Any customs fees related to the return of product from a foreign country are also the responsibility of the customer.
Metal Pointu's © strongly advises its customers to return products by Colissimo or Lettre Max. The customer also has the option of choosing the carrier of his choice. However, the return costs and the associated risks are the responsibility of the customer. It is consequently recommended to him to spare the proof of this return, which supposes that the products are returned with tracking of parcel, or by any other means giving certain date.
The right of withdrawal - in addition to respecting the deadlines and methods described in the previous points - is considered to be correctly applied in the event that the following conditions are fully respected:
1.We invite you to notify us by email or telephone of your return request.
2.The product must not have been worn, worn, altered, washed, or damaged.
3.If a label is attached to the jewel, it must not be removed otherwise the refund cannot be made.
4.Returned products must be sent to Metal Pointu's © in one shipment. Metal Pointu's © reserves, in fact, the right not to accept items from the same order, returned and shipped at different times.
5.The product must be returned in its original packaging and if you want to return a kit, you must return all the elements that compose it.
Metal Pointu's © will return to you, in addition to the sums collected for the purchase of the products, the shipping costs for the delivery of the products purchased, only if the return of the products is due to a reason attributable to Metal Pointu's ©, for example if the products do not have the essential characteristics promised, have manufacturing defects or if there are errors in the delivery of these. In the latter case, you can inform us by email or by telephone.
In the event that the terms and conditions for exercising the right of renunciation have not been respected, as above, you will not be entitled to reimbursement of the sums already paid to Metal Pointu's ©. However, you will be able to obtain your products, at your expense, in the condition in which they were returned to Metal Pointu's ©. Otherwise, Metal Pointu's © may retain the products, in addition to the sums already paid for their acquisition.
These reimbursements will be made within 14 days after receipt of the products by us.
1.REIMBURSEMENT TERMS AND CONDITIONS
If the right of withdrawal is exercised in accordance with the terms and conditions indicated above, Metal Pointu's © will do the necessary to reimburse any sums already collected for the purchase of products within fourteen (14) days after receipt and verification of the 'condition of products.
In the event that there is no correspondence between the recipient of the products indicated in the order form and the one who made the payment of the sums due for the purchase, the reimbursement of the sum, in the event of exercise of the right to waiver, will be carried out by Metal Pointu's ©, in any case, towards the one who made the payment.
The reimbursement will be made on the same medium as that used when purchasing the products, by bank card
LEGAL GUARANTEES
Independently of any commercial guarantee that could be granted by Metal Pointu's © to the Customer, all the products supplied by Metal Pointu's © benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-13 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1648 of the Civil Code.
Under these guarantees, Metal Pointu's © undertakes, at the Customer's choice, to reimburse or exchange defective or non-corresponding products.
Articles L. 211-4, L. 211-5, L.211-7, L. 211-12 and L.212-13 of the Consumer Code relating to the legal guarantee of conformity:
Article L211-4 of the Consumer Code:
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing when they are delivered.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. "
Article L211-5 of the Consumer Code:
"To comply with the contract, the product must:
1 ° Be suitable for the use normally expected of a similar item and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted ”.
Article L211-7 of the Consumer Code:
“Any lack of conformity which appears within six months of the delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise.
The seller may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. "
Article L211-12 of the Consumer Code:
“The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Article L211-13 of the Consumer Code:
"The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is for him recognized by law ”.
Articles 1641 and 1648, paragraph 1 of the Civil Code relating to the legal guarantee of hidden defects:
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lesser price if he had known them. "
Article 1648, paragraph 1 of the Civil Code:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "
To benefit from the guarantee, the Customer must contact Metal Pointu's © Customer Service by following the following steps:
1.Bring the order number and the reference of the article concerned (this information is indicated on your purchase invoice);
2.Send the support request to Metal Pointu's © Customer Service by email at the following address: metalpointus@hotmail.fr
In order to ensure rapid and quality processing of the warranty request, the Customer will specify his contact details, his order number and the reference of the article concerned and will detail as much as possible the problem encountered and, as far as possible, will join to the mail a photograph of the defect of the product.
1.INTELLECTUAL PROPERTY
The Customer acknowledges that the Metal Pointu's © brand products and the distinctive signs (image, photographs, packaging, product names, etc.) are the exclusive property of Bernard Bouhnik, creator of the founder of the Métal Pointu's © brand.
The Customer shall refrain from any act of reproduction or use of the product models, packaging, distinctive marks or signs, inventions, techniques or know-how used by Bouhnik Bernard for the Metal Pointu's © brand, as well as any act tending to the appropriation of these elements, whether or not they are the subject of protection by Bouhnik Bernard for the Metal Pointu's © trademark by a patent, trademark, registered design and model or by copyright.
XII. COMPUTERS AND FREEDOMS
The Customer is informed that the data he provides on the Website are subject to various automated processing of personal data.
In application of law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, it is recalled that the personal data which is collected from the Customer is necessary for the processing of his order. They can also be used for prospecting purposes. The purposes of each processing are described with regard to the processing concerned.
This data is intended for internal use by Metal Pointu's ©. This personal data can also be transmitted to third parties, Metal Pointu's © partners, unless the Customer has opposed it when collecting data concerning him.
The Customer's personal data is kept for the period strictly necessary for the fulfillment of the purposes for each of the treatments envisaged by Metal Pointu's ©.
The Customer has a right of access, modification and opposition to the processing of data concerning him by contacting customer service by email at metalpointus@hotmail.fr
