General terms and conditions for the website www.maconetlesquoy.com (hereinafter “the Website”)
Section 1: Scope of Application
These General Terms and Conditions of sale (GTC) apply exclusively to the purchases of Goods
contracted between Macon&Lesquoy and its non-professional “Customers” via the Website. These GTC do not apply to professionals buying in the context of their professional activities, to wholesalers, and to retailers. Macon&Lesquoy is able to deliver the “Goods” worldwide. By Goods we mean all the products marketed via the Website.
By “M&L Address”, we mean the postal address of Macon&Lesquoy: 162 Avenue de la Libération - 50400 Granville.
The fact of placing an order implies full and unconditional acceptance of these GTC by the Customer, excluding all other documents such as catalogs, brochures etc. issued by Macon&Lesquoy that have only an indicative value. Therefore, failing express acceptance by Macon&Lesquoy, any condition of a contrary nature opposed by the Customer will not apply to Macon&Lesquoy, regardless of the time when it may have been brought to knowledge. The mere fact that Macon&Lesquoy does not avail itself, at one time or another, of any whatsoever of the provisions thereof, shall not be construed as amounting to a waiver of right to rely upon the same on a future occasion. The Customer can consult these GTC simply, freely, and at any time, by clicking on the link “TERMS AND CONDITIONS” found at the bottom of each page of the Website. Macon&Lesquoy reserves the right to adapt or modify these GTC at any time.
Section 2: Pictures
The essential characteristics of the Goods sold by Macon&Lesquoy are described alongside one or several pictures that may, despite all the precautions of Macon&Lesquoy, show some minor differences with the sold item that might incur from the shooting distance, the processing of the pictures, or the data transmission and display modes on the screen. Macon&Lesquoy shall not be held liable for it
Section 3: Orders
3.1 The customer places an order as permits the Website as detailed here after :
The Customer can start choosing Goods without identifying himself, but we advise the Customer to log in when starting the visit if intending to shop. To do so, click on “My account” in the drop-down menu at the top of the page. If the Customer already has an account, he must enter his email address and click on “CONNECTION”. If the Customer needs to create an account, he must enter his email address and click on “CREATE YOUR ACCOUNT”.
To start shopping: on choosing a Good, the customer must then click on the product sheet to read its description, (size, color, variations, price…)
- Enter the desired quantity in the “QUANTITY” box.
- Click on “ADD TO CART” to order the Good.
- The e Good is automatically added to the cart which the Customer can consult by clicking on the icon in the top-right corner of the screen “.
- Step 1, “SUMMARY”: in the cart, the customer can change quantities, erase some Goods, add a promotional code, and confirm. When the customer is ready to confirm, he must click on “ORDER”.
- Step 2, “REGISTER”: The “REGISTER AUTHENTIFICATION” page opens if the customer hasn’t logged in yet, to ask for the customer’s email and password if he does not have an account, or to have the customer create one if he does not.
- Step 3, “ADDRESS”: the customer must choose a delivery and invoice address. At this stage, the customer can write a “message” to Macon&Lesquoy. For instance, if the customer wishes to: make an urgent request, provide clarification, details, or information about which Goods need to be wrapped, add a personal message that will be handwritten at the workshop… Gift-wrapping requests are done at the next step. To get to the next step, click on “ORDER”.
- Step 4, “DELIVERY”: The customer must choose the shipping option. The delivery time and costs are provided alongside each available option. Nevertheless, the dates provided are only indicative, and M&L cannot be held responsible for possible delays in a delivery carried out by a third-party provider. For further details, see Article 8. If the customer does not have a mailbox and is not much in, if his mail gets stolen, or if he absolutely needs the package to arrive on a precise given date, the customer should avoid the postal services and contact us at firstname.lastname@example.org to choose the best option. At this stage, the customer may choose to have the Goods gift-wrapped, or not. The customer will have to read the “General Terms and Conditions” and approve them (by ticking a box) to proceed to payment of the order. Then click on “ORDER”.
- Step 5, “PAYMENT”: The customer must then choose a payment option: PayPal (with a PayPal account, or with a credit card without a PayPal account) or Credit Card.
The customer’s order shall be effective only once the payment is done. Before that, the customer can modify or cancel the order. After that click, the customer may contact us for any queries he may have at email@example.com or by phone: +33 (0)9 80 74 11 53.
3.2 The Customer’s order will be summed up in a recap called “MY CART” (that can be consulted anytime), listing the ordered items and indicating the overall total including the delivery charges, according to the chosen delivery method.
3.3 When creating his account, the Customer shall complete all the mandatory fields: title, name, last name, address, access code(s), floor, house number, etc. and provide a telephone number the Customer can be reached at during business hours. As such, the Customer is under the obligation to provide honest and truthful information.
3.4 The Customer will be able to cancel his/her order, including before delivery, under the conditions referred to in Section 10, “Right of withdrawal”.
Section 4: Order Confirmation
4.1. Once the order is completed, the Customer shall receive a first email acknowledging the details of his/her order, a second email confirming his/her payment, and a third email sent by PayPal.
The Goods are offered for sale until stocks are exhausted.
4.2. Macon&Lesquoy reserves the right to not confirm an order for whatever reason, notably due to either a problem with the Goods’ supply, or a problem concerning the received order. In any such case, the Customer shall be kept informed at the earliest opportunity by Macon&Lesquoy, who will propose a replacement or refund.
Section 5: Consumer Price
Prices shall be expressed in Euro including French VAT. The price guaranteed to the Customer is the one published on the Website at the moment when the Good is added to the Cart. This price is firm, final, and non-negotiable. Consumer prices include the VAT applicable the day the order is placed. Prices are therefore entered with VAT included.
The Cart displays the minimum delivery costs. In the “Delivery charges” section of the Website, the Customer can then choose other delivery options, the time and cost of which are clearly notified next to each delivery mode available.
Any change of the applicable VAT rate will be automatically applied to the price of the Goods sold on the Website. For deliveries outside the EU, the Customer shall pay custom duties, and other taxes applying to the Goods imported into the concerned country of delivery (no VAT as already paid on purchase). The Customer is also solely responsible for the customs formalities related thereto, unless otherwise specified, as well as for ensuring the laws of the country of delivery allowing the shipment of the Goods to that country.
The “TOTAL” amount shown at the end of the order summary includes shipping costs and French VAT. Once the order has been processed, an invoice will be available for the customer to download in the “MY ACCOUNT” section, by clicking on “ORDER HISTORY AND DETAILS", then on the box of the requested order row, in the “invoice” column. If no link is provided or in case the customer is having trouble downloading it, Macon&Lesquoy shall provide an invoice by email on simple request at firstname.lastname@example.org.
Section 6: Payment
The accepted means of payment are indicated on the Website at the very beginning of the order process. The payment of the total price is due upon order. No order can be finalized online without a payment. The Customer commits to pay up the ordered Goods’ price as stipulated on the summary of the order. If need be, the Customer shall also pay the customs duties and other due taxes applying to the import of such Goods into the concerned country of delivery, directly to the forwarder or carrier. The Customer pays his/her Order via Paypal or by credit card, as proposed on the Website.
Before proceeding with payment, the Customer indicates his/her unconditional acceptance of these GTC as they are stated at the time the order is completed, which the Customer shall have read beforehand.
The payment of the order constitutes an irrevocable commitment by the Client, which may not be challenged except in the limited cases envisioned in these GTC, in the sections entitled “Right of withdrawal” and “Guarantee”.
Section 7: Payment Security
To ensure the security of your payments, Macon&Lesquoy uses the “PayPal” interface, a standalone-credit-card payment solution. With this system, the online payment, via credit card or via a Paypal account, will be made directly on PayPal’s secured server for Macon&Lesquoy’s account. The Customer shall also read and approve the general terms and conditions of PayPal.
To carry out a payment by CB, VISA or MASTERCARD credit card: via our banking partner SOCIETE GENERALE and the SOGENACTIF platform, representative of the Groupement des Cartes Bancaires CB (“GIE CB”), Macon&Lesquoy subscribe to the secure distance payment system for purchases by “CB” or CB-approved cards.
The safety of SOGENACTIF is based on the use of the SSL (Secure Socket Layer) coding system. This technology, which uses an encryption key, is the most used protocol in the world (more than 80% of online merchants trust SSL for their online transactions).
It is compatible with almost all browsers.
Its role essentially consists in:
- The sealing of the information about the transaction between our Website and our Customer, without the Customer having to upload or activate any additional software;
- The encrypted transport of our Customer’s card number to the payment server;
- The secure storage of the transaction and payment data on the SOGENACTIF payment server;
- A systematic authorization request with immediate blocking of the transaction if it emanates of a nonexistent card, or a card that has been reported lost or stolen by the carrier to his/her bank.
Moreover, like any bank the Société Générale is submitted to the PCI-DSS (“Payment Card Industry – Data Security System”) program.
This program lays down standard rules aimed at ensuring the security of transaction data on the Internet, for all the actors of the electronic trade. It aims at reinforcing data security online, notably to prevent the theft of files holding card numbers.
Lastly, through this subscription, Macon&Lesquoy signs up to the 3D-secure program, a security mechanism strengthening the identification of credit card recipients in France for online payment (example: the Customer receives a text message with a code he/she uses to finalize his/her purchase). This device ensures the online Customer his payment card isn’t used without his/her knowledge and ensures the merchant’s bank it won’t suffer an outstanding debt for contestation of the card holder, provided he/she was authenticated by his/her bank at the time of the purchase.
Section 8: Shipping
8.1 The Goods are shipped to the address the Customer provided on the “Address” order form (step 3). In a payment transaction by PayPal, the Customer will make sure the address used for his/her PayPal account is the same as the desired delivery address.
8.2 The order shall be executed within five (5) business days of the order’s confirmation by Macon&Lesquoy, subject to the availability of the ordered Goods, and unless otherwise agreed by both parties. The delivery times are provided as an indication and cannot engage the liability of Macon&Lesquoy. However, the Customer expressly recognizes that the delivery period can be extended by twenty (20) days for deliveries outside metropolitan France. In the event of a stock-out or unavailability of the ordered Good, Macon&Lesquoy will inform the Customer as early as possible and provide him/her with a precise availability period. The Customer shall confirm by email if he/she chooses to either wait for the Good to be available, or ask for a refund, to the exclusion of all damages.
A delay in delivery cannot bring about any type of deduction, penalty, compensation or restitution.
8.3 If the Goods are not delivered thirty (30) days after the order, for any other reason than a cause beyond the reasonable control of the contractor (force majeure), the sale can be cancelled at the request of one or both Parties, notified by registered letter with acknowledgment of reception, to the exclusion of all other damages. Are considered as force-majeure cases releasing Macon&Lesquoy from its obligation to deliver : war, riots, fire, strikes, accidents, the regulations and requirements of public authority, or any other unavoidable or unpredictable event or circumstance beyond the control of Macon&Lesquoy. In all the cases listed above, Macon&Lesquoy shall keep the Customer informed in good time. Macon&Lesquoy will refund the total amount paid by the Customer no later than fourteen (14) days after the date on which the agreement was terminated.
8.4 In any case, a timely delivery can only happen if the Customer is up to date of his obligations to Macon&Lesquoy, for whatever reason.
8.5. Upon delivery, the Customer shall check the content of the package, the conformity and the condition of the delivered Goods. Should a problem occur, the Customer will comply to the claims procedure referred to in articles 9 and 10 of these GTC.
Section 9: Right of Withdrawal
The Customer conserves the right to return the Goods within fourteen (14) business days after the order was delivered, to inform Macon&Lesquoy of his/her wish to exercise his/her right of withdrawal. The Customer is informed that he/she is responsible for the return of the Good(s), at his/her own expense, either for exchange or refunding, pursuant to Article L 212-21-3 of the French Consumer Code. If this period expires on a Saturday, Sunday, on a holiday or other non working day, it shall be extended to the first working day thereafter.
If the Customer purchased several Goods in a single order but with separate deliveries, the withdrawal period starts on the day when the Customer took physical possession of the last Good.
The Customer can notify the exercise of his/her right of return via email at the address email@example.com, or by registered letter with acknowledgment of reception
The Customer may use the following text :
Request from [enter your name, postal address, fax number or email address]:
I/we (*) notify hereby my/our (*) withdrawal from the agreement pertaining to the sale of the Good (*) / service delivery (*) described below:
Ordered (date*) / received (date*) :
Customers name :
Customers address :
Bank details for reimbursement :
Customers’ signature (only for a notification on paper) :
Macon&Lesquoy will acknowledge receipt of the Customer’s request.
After having notified his/her wish to exercise his/her right of withdrawal to Macon&Lesquoy, the Customer has fourteen (14) days to send the Good back to the address of Macon&Lesquoy in its original condition and packaging.
It shall not have been used or have suffered any kind of deterioration and be perfectly clean. This right of withdrawal can be exercised without the Customer incurring any additional costs, except for return postage fees. The Customer shall be reimbursed of the paid sums within fourteen (14) days after the reception of the Goods at the address of Macon&Lesquoy.
During clearance sales and private sales, products are not returned, exchanged, or refunded. We ask you to recover the click & collects within 15 days maximum. We do not do gift packages. Thank you for your understanding.
Section 10: Guarantee
10.1 Macon&Lesquoy shall not accept liability for apparent defects, which can be identified through a normal inspection of the item and affect its quality, if the Customer fails to report them in accordance with the conditions set out hereafter.
The Customer remains liable for the possible impairment of the Goods resulting from manipulation of the Goods other than that necessary to their use.
10.2. Legal warranty of conformity:
The legal warranty of conformity covers any lack of conformity of the Good and its packaging under the following conditions:
- The Good is unfit for the normal or intended use expected for such an item,
- The Good doesn’t comply with the description given by the seller,
- The Good doesn’t fulfill the qualities announced by the seller or agreed with the Customer.
To benefit from the legal warranty of conformity, le defect of the Good must exist upon the day of purchase. The Customer is dispensed to provide proof of the lack of conformity within 24 months after the Good was delivered. Shall the defect appear more than 24 months after purchase, the Customer will not benefit from the warranty of conformity, except if he can prove the defect existed on the day the Good was purchased.
Upon a lack of conformity, the Customer is entitled to ask for the Goods to be repaired or replaced.
However, Macon&Lesquoy reserves the right to not proceed according to the Customer’s choice if his/her request involves a manifestly disproportionate cost compared to the other option, taking into account the value of the Good or the significance of the defect. The Customer will then have to comply to Macon&Lesquoy’s request, in the absence of absolute impossibility.
If the Good cannot be repaired or replaced, the Customer is entitled to return the Good and get a refund of its price, or to keep the Good and receive a partial refund. The sale will not be cancelled if the lack of conformity is minor.
The Customer shall have two (2) years to return the Good to Macon&Lesquoy with (i) a letter explaining the problem and giving the date on which the lack of conformity was discovered, (ii) the delivery sheet, and (iii) the invoice.
10.3 Pursuant to Section 1641 of the French Code of Civil Law, Macon&Lesquoy legally guarantees against hidden defects.
To benefit from the guarantee of hidden defects, the defect of the Good must meet the 3 following conditions:
- Be hidden, that is non evident at the time of the purchase,
- Render the Good unfit for its intended use, or greatly diminishing its use,
- Have existed at the time of the purchase.
It falls to the Customer to provide evidence that the Good was already defective at the time of the purchase.
The Customer shall have two (2) years to return the Good to Macon&Lesquoy with (i) a letter explaining the problem and giving the date the hidden defect was discovered, (ii) evidence of the existence of a hidden defect, (iii) the delivery sheet, and (iv) the invoice.
If Macon&Lesquoy judges one of these two guarantees should be implemented, it will refund the price of the Good shown on the invoice, in a timeframe allowing it to carry out an expertise of the Good beforehand.
Section 11: Personal Data
11.1. The data the Customer is asked to provide is needed for the processing and conveyance of the orders and the invoice preparation. For this purpose, this personal data may be communicated to the contractual partners of Macon&Lesquoy, like the payment service provider or the delivery service.
The banking data is not stored by Macon&Lesquoy.
Macon&Lesquoy registers its customer file to the CNIL, pursuant to the “Data Processing and Freedom” Law (French Law of January 6th, 1978). The Customer has the right to access, modify, rectify and delete any data concerning him/her, by clicking on the link to “GDPR Personal Data”
The Customers’ personal data is kept for a period of 5 years.
Macon&Lesquoy uses the following kinds of cookies:
- The session cookies: data recorded to ensure effective operation of the service and to facilitate navigation;
- Audience measurement cookies: cookies enabling the collection of aggregated statistics with analytical tools like Google Analytics;
The Customer may disable the cookies:
- in the “tools” section of the Internet Explorer browser menu, then click on the “browse in private” function;
- in the Mozilla Firefox menu: select “Options”, then “Privacy”; in the “History” section, for the “Conservation rules” option, select “Use custom parameters for your history” and uncheck the “Accept cookies” box.
If the Costumer doesn’t disable them, by continuing his/her visit on the Macon&Lesquoy Website he/she accepts the installation of cookies during his browsing.
The cookies and associated data shall be kept for a maximum period of 13 months.
Section 12: Contractual Documents
The “approval click” of the order on the “Pay with credit card or via PayPal” button constitutes an electronic signature constituting formal conclusion of the sales. This electronic signature has the same value between the Parties as a handwritten signature. By checking the box indicating his/her approval of the general terms and conditions of sale, the Customer is deemed to have accepted the present GTC without reservation.
The present GTC being available only in French and English, the customer declares that he/she understands one of these two languages and all the provisions included in these GTC.
It is recommended to print them and keep a copy.
Section 13: Proof
The computerized record stored in Macon&Lesquoy’s computer systems in reasonable security conditions will be considered as proof of communication for the order and payment between both Parties.
The filing of purchase orders and invoices is made on a reliable and durable backup media and can be produced as evidence.
Section 14: Intellectual Property
Macon&Lesquoy holds the intellectual property rights required for the Website as well as the right to disseminate the elements listed on the online shop’s catalogue, including the photographs for which Macon&Lesquoy has received all necessary consent from the concerned individuals, or which were made by Macon&Lesquoy. Therefore, any total or partial reproduction of the Website and its content is strictly forbidden.
Any reproduction or use of the Website and its content shall constitute a breach of the law, regulation or requirements concerning intellectual and industrial property.
The Goods themselves, being original designs, are also protected by the national and international provisions about copyright.
Macon&Lesquoy reserves the right to take legal action against any person who shall adversely affect these rights or fail to comply with these GTC.
Section 15: Warning
Macon&Lesquoy shall carry out the Website’s operation and maintenance, in order to allow an optimal use within the conditions set out in these GTC. The Customer acknowledges having been informed about:
- the defects in the reliability of the Internet, particularly in terms of security of the data processing,
- his/her obligation to protect his/her devices or computer network with a regularly updated anti-virus software,
- the fact that performance is not guaranteed in term of the volume or speed of data transmission,
- the fact that continuity of access to the service is not guaranteed.
Service can occasionally be suspended because of maintenance interventions required to ensure the proper functioning of the Website.
Macon&Lesquoy shall not be held responsible for any kind of malfunction that could affect the Website because of maintenance or technical problems, as well as for problems with the Website’s availability or in the event of server breakdowns.
Article 16: Links
The Website contains hypertext links to partner websites. Should the Customer visit those websites, Macon&Lesquoy is not liable for the access quality, contents and use of those websites, as well as for any damages that might result from such issues.
Article 17: Entire Agreement
The General Terms and Conditions described herein express the full obligations of the Parties. No general or specific condition communicated by the Customer may be incorporated to or depart from these GTC.
Section 18: Disputes
Pursuant to Section L.133-4 of the French Consumer Code, the Customer is informed of the possibility for him/her to undertake a free-of-charge conventional mediation procedure or any other alternative dispute resolution process.
By contacting :
Médicys, 73 Boulevard de Clichy, 75009 Paris
01 49 70 15 93
The Customer may also consult the European claims settlement platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
General Terms and conditions updated 22/08/2019