General conditions of sale

Article 1: Full

These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept fully all the provisions of these terms and conditions. No general or specific condition in the documents sent or submitted by the buyer can not integrate herein, since these documents would be incompatible with these terms and conditions.

Article 2: Purpose

This contract for the sale of products on the Internet is concluded between the company EMPC SAS and a professional final buyer, as part of a distance selling system for professional use. The purpose of these general conditions is to define the rights and obligations of the parties as part of the online sale of goods and services offered by the company EMPC SAS to buyers.

ARTICLE 3: CONTRACTUAL DOCUMENTS

This Agreement is formed by the following contract documents, presented in decreasing hierarchical order:

1. These general conditions.
2. Legal notices.
3. The order form.

In case of contradiction between the provisions contained in different ranking documents, the provisions of the higher rank document will prevail.

Article 4: Entry into force - Duration

These general conditions come into force on the date of signature of the order form.

These General Conditions are concluded for the duration necessary for the provision of the goods and services subscribed until the safeguards due by the company EMPC SAS.

Article 5: Electronic signature

The "double click" of the purchaser under the order form constitutes an electronic signature which has, between the parts, the same value as a handwritten signature.

Article 6: Order confirmation

The contract information will be confirmed by e-mail at the latest at the time of delivery or failing that, at the address indicated by the buyer within the purchase order. We reserve the right to cancel your order, if it includes one or more elements.

Article 7: Proof of the transaction

Computerized registers, kept in the Company's IT systems of EMPC SAS under reasonable security requirements, will be considered the evidence 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 evidence.

Article 8: Product Information

8-a : EMPC SAS Company presents on its website the products for sale with the necessary features that allow to respect Article L 111-1 of the French Consumer Code, which provides for the possibility for the potential buyer to know before final ordering the essential characteristics of the products he wishes to buy.

8-b : The offers presented by the company EMPC SAS are valid only within the limits of available stocks.

Article 9: Price

The prices are indicated in euros and are only valid at the date of sending the purchase order by the buyer.

They do not take into account delivery charges, invoiced in addition, and indicated before the order validation.

Prices take into account the T.V.A. applicable to the day of the order and any change in the applicable rate T.V.A. will be automatically passed on to the price of products from the online store.

The payment of the entire price must be made during the order. At no time are the amounts paid can not be considered as deposit or down payments.

Article 10: Payment method

To pay for its order, the buyer has the payment method by credit card Visa-Eurocard-MasterCard and according to his country of the possibility of paying by check or by bank transfer.

The Buyer guarantees the company EMPC SAS that it has the permissions possibly necessary to use the chosen payment method when validating the order form.

The company EMPC SAS reserves the right to suspend any order management and any delivery in the event of a credit card authorization refusal by officially accredited bodies or in the event of non-payment.

The EMPC SAS company reserves the right to refuse to make a delivery or honor an order from a buyer who has not settled completely or partially a previous order or with which a payment dispute would be in the process.

The company EMPC SAS has set up an order verification procedure designed to ensure that no person uses the bank details of another person without his knowledge.

Article 11: Availability of products

The order will be executed immediately from the business day following the one where the buyer passed his order.

In case of unavailability of the product ordered, including by our suppliers, the buyer will be notified as soon as possible and will have the possibility to cancel his order.

The buyer will then have the choice to request either the reimbursement of the sums paid within 30 days at the latest of their payment or the exchange of the product. The request will be done by an e-mail addressed to info@marcopolo-acupuncture.com.

Article 12: Delivery arrangements

The products are delivered to the address indicated by the buyer on the order form.

Shipping times are 24-48 hours in regular (working days). Transport times are 1 to 2 days but can range from 4 to 10 days depending on the destination and promotional period depending on the number of orders.

The buyer may, upon request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for that purpose on the purchase order.

As far as shipping is concerned, we mainly work with GLS.

The buyer is required to check the condition of the packaging of the goods on delivery and to report damage due to the carrier on the delivery note and then by registered letter with acknowledgement of receipt addressed to the carrier within a maximum of 3 days. Failing to comply with these procedures the buyer loses any remedy against the carrier and the company EMPC SAS.

To facilitate the resolution of the dispute, the buyer will inform EMPC SAS and send copies of the reservations and registered mail sent to the carrier.

Article 13: Problems of delivery by the carrier

Damages during transport: You must only accept a package if there is no impact on the outer packaging. We advise you to open the package and check the condition of the goods before signing the carrier delivery note. If this is not possible, please indicate on the voucher "subject to verification of the goods due to poor condition of the package (describe damage)".

At the same time, the buyer will have to confirm this anomaly by sending the carrier within two (2) working days of the delivery date a registered mail with acknowledgement of receipt setting out the claims.

ATTENTION: If your package was obviously damaged upon delivery, make specific reservations on the carrier's voucher. Confirm these reservations within 2 days by sending a registered letter with acknowledgement of receipt to the carrier and then send a copy of this letter to EMPC - Marco Polo Acupuncture. The buyer must then send a copy of this mail by fax or by simple mail to:

Article 14: Delivery Errors

14-a : The buyer will have to make to the company EMPC SAS on the same day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-compliance of the products in kind or in quality with the indications given on the order form. Any claim made beyond this time limit will be rejected.

14-b This claim may be formulated in the form of: info@marcopolo-acupuncture.com, telephone call (Customer Service Marco Polo Acupuncture: 05 63 477 477).

14-C : Any claim not made in the rules defined above and within the extent possible can not be taken into account and will clear the company EMPC SAS any responsibility for the buyer.

14-of : upon receipt of the claim, the company EMPC SAS will assign an exchange number of the product (s) concerned and will communicate it by e-mail or by telephone to the buyer. The exchange of a product can only take place after allocation to the buyer of an exchange number according to the approach presented above.

14-I : In the event of an error of delivery or exchange, any product to be exchanged or repayed must be returned to the company EMPC SAS as a whole and in its original packaging, in Colissimo followed, at the following address: Marco Polo Acupuncture, Return Service, F -81605 Gaillac. To be accepted, any return will have to be reported beforehand from the Customer Service of EMPC SAS.

Article 15: Product Guarantee

In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions of these may deprive the buyer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of the hidden vices of the thing sold.

The buyer is expressly informed that the EMPC SAS company is not the producer of the products presented at the website, within the meaning of the law n ° 98-389 of 19 May 1998 and relating to the responsibility because of the defective products.

As a result, in the event of damage to a person or property by a defect in the product, only the liability of the producer of the product may be sought by the buyer, on the basis of the information on the package of the said product.

The producer conditions and duration of warranty are shown on the product sheets. Given the frequency of renewal of technical products, EMPC SAS may, on request, inform the buyer of the availability of the spare parts of the proposed products and the modalities to obtain them possibly.

Article 16: Right of withdrawal

This right only concerns products that are not for professional use. Thus acupuncture needles, moxa, suction cups, electronic materials, etc. are deemed to be acquired for professional use and open no rights to withdrawal. Bookstore books, software or other digital media can not be returned.

The buyer has a period of 10 calendar days to return, at its expense, the products do not suit him. This period runs from the day of receipt of the order. If this delay expires on a Saturday, a Sunday or a holiday or personum, it is extended until the next working day.

It is imperative to declare the request for return within 7 calendar days.

Attention, a discount can be made in case of product degradation from the customer.

All feedback must be reported beforehand from the Customer Service of the company EMPC SAS by e-mail (info@marcopolo-acupuncture.com). A return number will then be assigned to the product, and should be visible on the package. The product must be returned by Colissimo followed or any other carrier with a follow-up to an address to an address that will be communicated during the return request.

The products should not have been desceased, so that the buyer can benefit from the right of withdrawal.

Only the returned products will be included in their entire and intact packaging, and in perfect resale state. Any product that has been damaged, or whose original packaging will have been damaged, will not be resumed or exchanged.

This right of withdrawal is exercised without penalty, with the exception of shipping and return expenses. In the event of the exercise of the right of withdrawal, the buyer has the choice to request either the allocation of a non-refundable non-refundable having one year or the exchange of the product. In the case of an exchange, the re-shipment will be at the expense of the buyer.

Article 17: force majeure

None of the two sides will have failed in its contractual obligations, since their execution will be delayed, hampered or prevented by a fortuitous case or force majeure.

Considered as a fortuitous case or force majeure all facts or irresistible circumstances, external to the parties, unpredictable, unavoidable, independent of the will of the parties and which can not be prevented by them, despite all reasonably possible efforts.

The part affected by such circumstances shall notify the other within ten working days of the date on which it would have known.

The two parties will then move closer, within one month, unless impossible due to the case of force majeure, to examine the incidence of the event and agree on the conditions under which the execution of the contract will be continued.

If the case of force majeure has a duration greater than three months, these general conditions may be terminated by the injured party.

Expressly, are considered as case of force majeure or fortuitous cases, in addition to those usually adopted by the case law of French courses and courts: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; The cessation of telecommunication networks or difficulties with external telecommunication networks to customers.

Article 18: Partial nullity

If one or more stipulations of these Terms and Conditions are required for invalid or declared such pursuant to a law, settlement or a final decision of a competent court, the other stipulations will keep all their strength and scope.

ARTICLE 19: NO WAS WISHMENT

The fact for one of the parties not to avail himself of a breach by the other Party in any of the obligations referred to in these general conditions can not be interpreted for the future as a waiver of the obligation in question.

ARTICLE 20: APPLICABLE LAW

These general conditions are subject to French law. This is so for the rules of funds as for the rules of form.

In the event of a dispute or claim, the buyer will first go to the company EMPC SAS to obtain an amicable solution.

Any litigation of the contract will be the jurisdiction of Albi.

Article 21: Informatics and Freedoms

The information requested from the buyer shall be necessary for the processing of his order and may be communicated to the contractual partners of the company EMPC SAS involved in the execution of this order.

Law No. 78-17 of 6 January 1978 relating to computer science, files and freedoms

This site is the subject of a declaration at the CNIL. Regarding Law 78-17 of January 6, 1978, you have a right of access and rectification to personal data concerning you. The user is informed that this automated processing of information, including the management of user e-mail addresses, has been declared to the CNIL.

The General Data Protection Regulations (RGDP) applies to the protection of your data collected on this site.