Preamble
The present general conditions of sale apply to all sales concluded on the MASK GENERATION website under the name Le Mask Français.
All references to the name MASK GENERATION in these general conditions are equivalent to Le Mask Français.
The website www.maskgeneration.com is a service of :
- Mask Generation France
- Headoffice located 2 bis Alfred NOBEL, 77420 Champs-sur-Marne,
- site URL: www.maskgeneration.com or www.lemaskfrançais.com
- e-mail: contact@maskgeneration.com
- Telephone: 01 64 68 95 49
The MASK GENERATION website sells the following products: Anti-pollution masks.
The customer declares to have read and accepted the general conditions of sale before placing his order. The validation of the order is thus worth acceptance of the general conditions of sale.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.
They are accessible on the MASK GENERATION website and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that the present general conditions exclusively govern their relationship. The present general conditions may be modified at any time and without notice by MASK GENERATION FRANCE, the applicable conditions being those in force at the date of the order by the Customer.
Article 2 - Content
The present general conditions are intended to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer, from the website MASK GENERATION.
The present conditions concern only purchases made on the MASK GENERATION website and delivered exclusively in metropolitan France or Corsica. For any delivery in the DOM-TOM or abroad, it is advisable to send a message to the following e-mail address: contact@maskgeneration.com.
These purchases concern products offered for sale exclusively through the MASK GENERATION website.
Article 3 - The order
The buyer has the possibility to place his order online, from the online catalog and by means of the form contained therein, for any product, within the limits of available stocks.
For the order to be validated, the buyer must accept, by clicking in the indicated place, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final:
- after the sending to the buyer of the confirmation of acceptance of the order by the seller by e-mail;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question related to the follow-up of an order, the buyer must send an email to the seller at the following email address: contact@maskgeneration.com.
Article 4 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will be proof of the buyer's agreement:
- Payability of the sums due under the purchase order,
- signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following e-mail address: contact@maskgeneration.com.
Article 5 - Order confirmation
The seller provides the buyer with a copy of the contract by e-mail.
Article 6 - Proof of the transaction
The computerized registers, kept in the computer systems of the seller under reasonable conditions of sécurité́, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.
Article 7 - Product information
The products governed by these terms and conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.
The photographs, texts, graphics as well as the information and characteristics illustrating the products are not contractual, which the customer acknowledges.
MASK GENERATION reserves the right to limit the quantities of products offered and to interrupt any purchase at any time. All descriptions or prices of the Products may be modified at any time and without notice, at the sole discretion of MASK GENERATION.
MASK GENERATION does not guarantee that the quality of the Products, services, information or other material purchased or obtained by the Customer will meet his expectations, or that any error in the service will be corrected.
MASK GENERATION's products are excluded from the scope of application of the regulation (EU)2016/425 D and are considered decorative handicraft products which are intended for private use to protect against weather conditions which are not extreme.
Article 8 - Prices
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date. Prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, whether upwards or downwards, this change may be passed on to the selling price of the products.
Article 9 - Method of payment
This is an order with an obligation of payment, which means that the placing of the order implies a payment by the buyer.
To settle his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the authorizations possibly necessary to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
The payment of the price is carried out in totality at the day of the order, according to the following methods: by payment card, by PayPal, by transfer.
Article 10 - Availability of products - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated on the site. This time is only indicative and corresponds to the average processing and delivery times in metropolitan France. The shipping times run from the date of registration of the order indicated on the order confirmation email.
At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries to French overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
If the agreed delivery date or delivery period is not met, the Buyer shall, before terminating the contract, instruct the Seller to perform the contract within a reasonable additional period of time.
Should the Buyer fail to do so after the expiry of this additional period, the Buyer shall be free to withdraw from the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt.
The contract will be considered as resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
In this case, when the contract is resolved, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The purchaser will then have the choice to request either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 11 - Terms of delivery
Delivery means the transfer of physical possession or control of the goods to the consumer. The products ordered are delivered according to the methods and time specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be picked up at the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notice of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions ...).
Delivery times are given as an indication and without guarantee. The seller guarantees neither the means nor the time in which the transport is carried out. The seller may make deliveries in a global or partial way. Exceeding delivery times cannot give rise to damages, withholding, or cancellation of orders in progress. However, if two months after the indicative delivery date, the product has not been delivered for any reason other than a case of force majeure, the sale may then be cancelled at the request of either party, 15 days after a registered letter with acknowledgement of receipt sent to the other party.
Article 12 - Delivery errors
The buyer must make to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The claim may be made at the following address: contact@maskgeneration.com.
Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the buyer. Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommandé, at the following address: MASK GENERATION France, 36 rue Vladimir Jankelevitch, 77184 Emerainville, France.
The costs of return are at the expense of the seller.
Article 13 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased will be refunded and the delivery costs will be reimbursed.
The return costs are at the expense of the buyer.
The exchange (subject to availability) or refund will be made within 2 weeks, and at the latest, within 1 month from receipt by the seller of the products returned by the buyer under the conditions provided above.
The products travel at the risks and dangers of the addressee, to whom it is up to note the reserves characterized on the delivery receipt for any apparent damage to the packaging. It is also incumbent on the recipient to confirm his or her reservations by registered letter within a maximum of 48 hours. Complaints about apparent defects or about the non-conformity of the product delivered to the product ordered or dispatch note must be made in writing within 8 days of the arrival of the product. It is up to the buyer to justify the reality of the defects or anomalies observed.
Any product return must be the subject of a formal agreement between the seller and the buyer.
The series collections or customizable series being particular goods, luxury and intimate, which are produced in limited quantities will only give rise to reimbursement on a case-by-case basis, after justification for a serious reason, subject to the acceptance of MASK GENERATION. Items that have benefited from a promotional code are not refundable.
Removable filters being hygiene goods, they are neither taken back, nor exchanged, nor refunded.
Article 14 - Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts :
- of supply of goods made according to the specifications of the consumer or clearly personalized;
- supply of goods likely to deteriorate or expire quickly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Article 15 - Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exoneration of the parties' obligations and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: war, mobilization, riots, strikes and accidents, breakage of machinery, impossibility to be supplied, blockage or interruption of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers and/or any event beyond the control of the seller preventing or significantly reducing the manufacture or shipment of products.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
Article 16 - Intellectual property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offence.
Article 17 - Information Technology and Liberties
The nominative data provided by the buyer is necessary to process his order and to draw up invoices.
They may be communicated to the partners of the seller in charge of the execution, processing, management and payment of orders.
The processing of information communicated through the MASK GENERATION website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the modalities defined on the MASK GENERATION website.
Article 18 - Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.
Article 19 - Language of the contract
The present general conditions of sale are written in French language. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 20 - Mediation
Any litigation will have to be the subject of a preliminary attempt at amicable settlement. The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with the existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
Article 21 - Applicable law
The present general conditions are subject to the application of French law. The competent court is the tribunal d'instance for disputes whose amount is less than or equal to € 10,000 or the tribunal de grande instance for disputes whose amount is greater than € 10,000.
The same applies to the rules of substance as to the rules of form. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution.