Terms of Sales
AZUR MAC is registered in the Nice Trade and Companies Register under number RCS 751 480 559. Its postal address is 4 rue Alexis Mossa 06000 NICE and its e-mail address is email@example.com .
Any order for a product appearing in the online store of the site www.azurmac.com requires consultation and prior acceptance of these general conditions of sale. The click to validate the order implies full acceptance of these. This click has the value of "digital signature"
The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods offered by THE SELLER to the consumer.
The contractual information will be confirmed by e-mail to the address indicated by the consumer in the order form.
Proof of the transaction
The computerized registers, kept in the computer systems of the company LE VENDEUR under reasonable security conditions are 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 medium which can be produced as proof.
Every effort has been made to ensure the accuracy of the information presented on THE SELLER SITE. The names and brands of products and manufacturers are used for identification purposes only. The photos bearing the AZURMAC logo are contractual.
The prices displayed on our site are firm and final.
Method of delivery
The products are delivered to the address indicated by the consumer on the order form and only to the geographical areas that we serve.
All products leave our premises in perfect condition.
Article L.121-19-4 of the Consumer Code states:
The professional is legally responsible towards the consumer for the proper performance of the obligations resulting from the contract concluded at a distance, whether these obligations are performed by the professional who entered into this contract or by other service providers, without prejudice to their right of recourse against them.
However, he can exempt himself from all or part of his liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
Consequently, the customer must notify the carrier (or the postman) of the slightest trace of shock (holes, traces of crushing, etc.) on the package, and if necessary to refuse the package. A new identical product will then be returned to you free of charge.
The exchange of any product declared, a posteriori, damaged during transport, without any reservation having been made upon receipt of the package, cannot be taken care of, or warranty claim.
As in any expedition, it is possible to suffer a delay or that the product gets lost. In such a case, we contact the carrier to start an investigation.
All efforts are made, as long as necessary, to find this package. If applicable, the merchant will be reimbursed by the carrier and deliver a new identical package at his expense.
We decline any responsibility as for the extension of the delivery times because of the conveyor, in particular in the event of loss of the products, bad weather or strike. In this case, the consumer has the option of withdrawing from the sales contract.
In accordance with article L.138-2 of the Consumer Code:
In the event that the professional fails to fulfill his obligation to deliver the goods or provide the service on the date or at the expiration of the period provided for in the first paragraph of Article L. 138-1 or, failing that, no later than thirty days after the conclusion of the contract, the consumer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, under the same terms, the professional to carry out delivery or to provide the service within a reasonable additional period of time, the latter has not been performed within this period.
The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this resolution,
Nevertheless, the consumer can immediately terminate the contract when the trader refuses to deliver the good or to provide the service or when he does not fulfill his obligation to deliver the good or to provide the service on the date or at the expiration of the period provided for in the first paragraph of the same article L. 138-1 and that this date or this period constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the consumer before the conclusion of the contract.
The delivery time of the order is the longest time indicated on the article and included in the order confirmation, so if you order an article with a 24-hour deadline and an article B with a 3-day deadline, the shipping time for your order will be 3 days, to this time must be added the transport time, 24 hours for chronopost and 48 hours for colissimo.
For deliveries delivered against signature, it is the signature of the carrier's delivery slip that is authentic.
For deliveries deliveries delivered without signature, the information contained in the information system of the Post is valid.
The consumer must formulate to the SELLER, no later than the tenth 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 appearing on the purchase order.
Beyond this period, any complaint will be rejected.
The formulation of this complaint with the SELLER may be made to the SELLER'S ADDRESS.
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release THE SELLER from any responsibility towards the consumer.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the SELLER as a whole and in its original packaging in impeccable condition to the SELLER'S ADDRESS.
To be accepted, any return must be reported and have the prior agreement of the SELLER, who in case of agreement will reship the package to the correct address.
The shipping costs are the responsibility of the PURCHASER, except in the event that it turns out that the product does not correspond to the original declaration made by the consumer in the correct return direction.
The consumer has the guarantee relating to defects in the item sold (articles 1641 to 1648 of the civil code) and the legal guarantee of conformity (articles L.211-4 to L.211-14 of the consumer code).
The cases of exclusion of warranty are: non-compliance with the assembly instructions, unsuitable use, incorrect assembly. For any warranty claim, the part must be sent to us with a covering letter explaining the origin of the problem as well as a photocopy of the invoice. For warranty claims concerning pistons, the cylinder must be included in the shipment without fail.
Right to retract
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
For greater convenience, we authorize you to return or exchange products within 30 days of receipt.
Exercise of the right of withdrawal:
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or email) by post to the address AZUR.MAC 4 rue Alexis Mossa 06000 NICE, France. By phone at 0950 914 245 or by e-mail at firstname.lastname@example.org.
Only products returned as a whole, in perfect condition for resale, will be taken back. Any product that has been damaged, or no longer bearing the manufacturer's labels, will not be refunded, returned or exchanged. This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of the sums paid, or the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer.
In the event of exercise of the right of withdrawal, the SELLER will make every effort to reimburse the consumer within fourteen days.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
You will have to bear the direct costs of returning the goods
Consequences of the right of withdrawal
You must return or return the goods to AZUR.MAC 4 rue Alexis Mossa 06000 NICE, France, without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from this contract to us. . This period is deemed to have been met if you return the goods before the expiry of the fourteen day period.
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the cheaper method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.
We will process the refund using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any event, this reimbursement will not incur costs for you.
We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever is the earliest.
Your responsibility is only engaged with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good.
Exception to the right of withdrawal
The exercise of the right of withdrawal is excluded for the following contracts:
- contracts for 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.
For resellers, please contact us for the terms of return.
In no case THE SELLER is responsible for the loss or deterioration of returned packages. Cash on delivery packages will be systematically refused.
All our invoices are payable upon validation of the order. Any payment made before the due date does not give the right to any discount.
In the event of late payment at any due date, for any reason whatsoever, the sums due will automatically generate interest from the due date, at the conventional rate of 1.5% per month, without further formality, until full payment of the sums due. In addition, it is agreed as a penalty clause, that if the default of the customer makes it necessary to resort to litigation or judicial recovery, the customer will have to pay, in addition to the principal, interest, costs and accessories at his expense, a fixed compensation. at 20% of the principal amount including tax of the debt.
Rights of use
The use of trademarks on the site is strictly prohibited.
Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event of force majeure. Any irresistible fact or circumstance, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered a case of force majeure.
The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware.
The two parties will then get together, within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
If the force majeure event lasts longer than one month, these general conditions may be terminated by the injured party.
No partial validation
If one or more stipulations of these general conditions are held to be not validated or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to under these general conditions of sale cannot be interpreted for the future as a claim. to the obligation in question.
These general conditions are subject to French law. This is the case for the substantive rules as for the formal rules.
In the event of a dispute or complaint, the consumer will first contact the SELLER to obtain an amicable solution.
Protection of personal data
All the data that you entrust to us are in order to be able to process your orders.
Under Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms, you have with the SELLER a right to rectify, consult, modify and delete data that you provide to us. have communicated. This right can also be exercised online.
Any order placed through the SELLER SITE implies the customer's acceptance, without any restriction, of the SELLER's general conditions of sale.
The consumer can seize at his choice, in addition to one of the jurisdictions territorially competent under the code of civil procedure, the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.
08/26/2020 - Version1