Terms and conditions
These Terms and Conditions are applicable to contracts concluded between:
hereinafter referred to as « Mikael Montier »
Any physical person willing to purchase on line on the site magicapps.co
Hereinafter referred to as the « User»
The general terms and conditions of sale in question state the rights and obligations of the Parties that result from the online selling of products offered by Mikael Montier. The order implies irrevocable adhesion with the general terms of sale. Any order implies compliance without reservations with the general general terms of sale.
These Conditions of sales are likely to undergo changes. The applicable General Terms and Conditions of Sales are those in force on the Site magicapps.co on the date the order is placed. The general terms of sale implies complete adhesion to the exclusion of any other condition, in particular those that apply in store.
Article 1: Prices
Prices are stated in euro, inclusive of all taxes, and excluding expenses of shipping and packaging. Delivery costs are calculated when the order is made.
They take into account the VAT applicable on the date of the order. If the rate of VAT were to be changed, those changes could be passed on to the price of items without the User be informed in advance.
Mikael Montier reserves the right to change its prices at any time, and the User agrees to this. The products will be charged on the basis of the rates in force, at the time of order.
Article 2: Products
The items proposed for sale by Mikael Montier are those that figure on the site magicapps.co on the day of consultation by the buyer, and within the limit of stocks available. Upon receipt of your order, product availability is checked by Mikael Montier.
The essential characteristics of the Products are described and presented with the greatest possible accuracy.
Article 3: Orders
All orders shall constitute acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees listed below.
Article 3.1: Validation of the cart
If the User wishes to make an order, he or she selects the various different Products in which he or she is interested and makes such interest clear by clicking on the “Add to Cart” button.
Once the User has added all wanted items, he clicks on cart icon to validate his order and complete his transaction.
Article 3.2: Creation of a User account
To place an order, the User must identify himself with his email address and his password. For any first order, he will need to create an account.
To create an User acount, the User will be asked to fill the form with the required contact details: name, firstname, email address, shipping address.
Article 3.3: Choice of the mode of delivery and payment method
The User is then invited to choose a delivery method, the prices, terms and conditions of which are set automatically by the website according to the products present in the cart and the desired shipping address.
Article 3.4: Order tracking
The customer receives an e-mail confirmation of his order, then confirmation of his payment.
In case of unavailability of a product, the User will be informed with electronic mail within 3 working days and the order will be refunded.
Upon receipt by User of the confirmation email of the order, he may track its state of progress and delivery by logging on to his User account in the “My Account” space:
In any event, Customer Service may be contacted for any questions relating to the placing of the order and its fulfilment: information on the Product, finalisation and tracking of the order, conditions and terms of exercising the right of withdrawal and after-sales service:
20 bis, rue Louis Philippe
92200 Neuilly-sur-Seine, France
Article 4: Shipping
The times of treatment and preparation vary in general from 2 to 3 days wrought. To that must be added the delivery time that is given below in working days.
Article 4.1: Delivery methods
- Colissimo (delivery time: 72h for France, 5-7 days in the rest of the world)
- DHL Express (delivery time: 24h for France, 2-4 days in the rest of the world)
Article 4.2: Times of treatment and shipping
The delivery time above is indicated for information only and are not contractual. Mikael Montier does not accept liability in the event of late delivery for any reason whatever. Consequently, no compensation of any kind can be claimed from Mikael Montier by the client.
However, in accordance with the provisions of Articles L.216-1 and L.216-2 of the Consumer Code, if the order has not been delivered within the time required or if an injunction from User, submitted via registered mail with return receipt or in writing on a durable medium, to deliver the order within a reasonable additional period remains without effect, User may obtain resolution of the contract by sending a registered letter or written notice on any durable medium.
Article 5: Title retention
The products remain the sole property of Mikael Montier until complete payment of the order to Mikael Montier. However, from the moment the customer receives the order, the risks of the goods delivered are transferred to the customer.
Article 6: Payment
Any order on the site magicapps.co must be paid for by bank card or via Paypal. Paypal is a quick, easy and secure means of transferring funds online.
The customer guarantees to Mikael Montier that he has the necessary authorizations to use the method of payment that he chooses, when validating the order.
Mikael Montier reserves its right to suspend or cancel any order and / or delivery, whatever their nature and level of execution, in the event of payment failure of any sum due by the customer, or any Payment incident. Penalties equal to the statutory interest rate plus five points shall automatically apply to amounts owing at the end of a period of ten days following the date of invoice or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in case of delay of payment of a previous order and this notwithstanding the provisions of the present ones.
Mikael Montier reserves the right to request a copy of the customer’s identity card for any payment by credit card.
Article 7: Withdrawal
As part of their right of withdrawal defined in Article L.221-18 et seq. of the Consumer Code, User has:
- a period of fourteen (14) calendar days from the date of receipt of their order to cancel it for any Product purchased on the Website.
- a period of fourteen (14) calendar days from the date of the notification of their decision to withdraw to return the Product concerned and request its reimbursement, delivery costs included, with the exception of the return costs which will remain the User’s responsibility.
After the expiry of the aforesaid periods, Products may only be reimbursed pursuant to the legal guarantee of conformity and/or against hidden defects in accordance with Articles L.217-4 et seq. of the Consumer Code and Articles 1641 et seq. of the Civil Code.
To cancel their order pursuant to their right of withdrawal, User must notify their intention to withdraw by sending Customer Services the withdrawal form template below or any other statement devoid of ambiguity containing information relating to the sale (i.e., order number, order date, date the Product was received, Product reference, Product colour and size, consumer’s name and address) by post for the attention of:
20 bis, rue Louis Philippe
92200 Neuilly-sur-Seine, France
or by email to the following address:
They must be sent in their original packaging with a copy of the return procedure that will have been sent by Customer Services. This procedure will include the order and return numbers; User will be requested to indicate the reason for return.
The order and return numbers must also appear on the outer packaging of the parcel.
The returned item must be in good condition and should not have been worn. Any Products returned incomplete, deteriorated, damaged or dirty will not be taken back.
Product exchanges are not possible.
Upon receipt by Mikael Montier of the Product returned by User, reimbursement of the Product returned will be provided, shipping costs included, by crediting the bank account linked to the payment card used for the purchase within fourteen (14) calendar days following the date of notification of User’s decision to withdraw.
Article 8: Guarantees
User may submit a claim under the legal guarantee of conformity set out in Articles L.217-4 et seq. of the Consumer Code or under the guarantee against hidden defects of the Product sold as described in Articles 1641 et seq. of the Civil Code.
Article 8.1: Legal guarantee of conformity
If the product ordered by the Customer presents a lack of conformity that exists at the time of delivery, Mikael Montier undertakes to replace the product, subject to available stock. If replacement is not possible, Mikael Montier will reimburse the price after the product is returned by the User.
Article L.217-4 of the Consumer Code
The seller delivers an item that conforms to the contract and is responsible for faults in conformity that exist at the time of delivery.
The seller is also responsible for faults in conformity arising from packaging, assembly instructions or installation when the contract assigns it responsibility for the latter or when it was carried out under its responsibility.
Article L.217-5 of the Consumer Code
The item conforms to the contract:
- If it is fit for the use normally expected of a similar item and, where applicable:
– if it matches the description given by the seller and has the qualities that the seller represented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling;
- Or, if it has the characteristics defined by mutual consent between the parties or is fit for any special use sought by the buyer, as communicated to and agreed to by the seller.
Article L.217-12 of the Consumer Code
« Any action arising from a lack of conformity must be taken within two years after delivery of the item ».
Article 8.2: Guarantee against hidden defects
The User may decide to invoke the warranty for hidden defects in the product sold according to Article 1641 of the French Civil Code.
In this case, the User may decide to cancel the sale (return of product and full refund) or accept a reduction in price (partial refund of the product) in accordance with Article 1644 of the French Civil Code.
No product may be exchanged or refunded without the agreement of Mikael Montier and before having been sent back in its packaging by the User to customer services.
Customer services agree to exchange the product(s) concerned, or to refund the cost to the User as quickly as possible.
Article 9: Responsability
Mikael Montier will be responsible for the proper performance of his obligations under the contract of these Terms and Conditions.
Mikael Montier only has an obligation of means at all steps, from access to the website to the ordering process, the delivery process and the after-sales service. Mikael Montier shall not be held responsible for any inconveniences or damages due to using the Internet, such as a breach in service, outside intrusion or the presence of a computer virus or for any event deemed to fall under force majeure, as recognised by law.
Moreover, Mikael Montier shall not be held responsible for breach of contract in case of insufficient inventory, unavailable product, force majeure, partial or total strikes or disturbances, particularly of postal and shipping or communication services, flooding, fires.
Article 10: Full
In the event of one of the clauses of the present contract being null and void, either due to a change in legislation, or a change in the rules or by decision of justice, this would have no effect whatsoever on the validity of the present general sales Terms and Conditions.
Article 11: Applicable law – disputes
These General Terms and Conditions of Sale are governed by French law.
In the event a dispute arises, User and Mikael Montier undertake to seek an amicable solution before any legal action. All Customer claims must be submitted to Mikael Montier by email to the following address: firstname.lastname@example.org. Such claim must be grounded and contain any and all elements necessary for its processing, including identity (first and last name), contact information (mailing address, email address), as well as the order reference number, etc.).
If there is an unresolved out-of-court complaint, for any purchase made on the Website, User have the right to consult a consumer ombudsman, in accordance with Articles L.612-1 to L.612-5 of the Consumer Code.
Mikael Montier being a member of the French E-Commerce, User may send a request to the European online system for the resolution of disputes between consumers and e-commerce businesses: https://ec.europa.eu/consumers/odr
Article 12: Additional informations
Questions, comments, complaints and requests regarding this Terms and Conditions should be addressed to us by mail or e-mail as follows:
20 bis, rue Louis Philippe
92200 Neuilly-sur-Seine, France