General conditions of sale

 

Last updated on May 25, 2018.

Our commercial actions are subject to the present conditions which prevail on any condition of purchase, except formal and express exemption of our part.

1. Introduction
2. The product
3. The order
4. The payment
5. The delivery
6. Withdrawal
7. The guarantee
8. Taxes and exports
9. Protection of personal information
10. Our mutual responsibilities

MECAFLY © is property of the PASSION'AILES ® company with a capital of 15 000 €.
Registration 40055126300025 - VAT CEE FR 50400551263.
© Copyright - The internet and paper catalogs remain the property of PASSION'AILES.
All documents have been deposited and are protected by copyright law.
Any reproduction, complete or partial, is strictly forbidden under penalty of legal proceedings.

You can contact us :
by e-mail : sav(@)mecafly.com
by phone: + 983.047.747 from Monday to Saturday from 9:30 am to 1:30 pm (except holidays).
by mail : MECAFLY - 4 Bld du Nord - 31350 Boulogne sur Gesse - France

1. Introduction
We are committed to doing our utmost to satisfy you, in order to build a cordial and lasting relationship of trust.
Thus, our various customer and technical services are at your disposal and are attentive to your remarks.
By placing your order, you acknowledge that you have full legal capacity to commit yourself under these general conditions of sale.

1.1. The information that appears on the store MECAFLY.COM
> The legal notice identifying precisely the company PASSION'AILES,
> The conditions of use of the MECAFLY.COM website,
> The essential characteristics of the goods offered, as well as their price in euros (all taxes included), and the participation to the shipping costs,
> Details on how to exercise your right of withdrawal,
> The principle of confidentiality and security of transactions,
> Protection of personal data and privacy.

1.2. The definition of the general sales conditions
Any order you place on this website will be subject to these general conditions of sale.
The purpose of these rules is to define the sales regime and the rights and obligations arising from it.
The contract of sale of a good purchased on the website consists of the general conditions of sale in force at the time of the order and the order form.

2. The product
2.1. Product availability
Our product offers and prices are valid as long as they are visible on the website, within the limits of available stocks.
For the products not available in our premises at the time of your order, you have the possibility of ordering them from us.
The supply time is provided as an indication but is not contractual. The articles on order are neither taken back nor exchanged.

2.2. The information provided on the products
The photographs, texts, graphics and technical data sheets have been for the most part elaborated by us from the manufacturers' or constructors' documentations. They have no contractual character and do not engage our responsibility in any way whatsoever, in case of typographical or other error.
We reserve the right to change the products and/or prices presented in the catalog without prior notice to the customer and without such a change giving rise to any compensation. In addition, we commit ourselves to apply the prices which will have been indicated to you at the time of your order.

3. The order
3.1. Information to be provided when ordering
You must check the completeness and compliance of the information you provide when ordering, especially regarding the delivery address. We cannot be held responsible for any input errors and the consequences thereof (for example, delays or delivery errors).
In this context, the costs incurred for the reshipment of the order would be at your expense.

3.2. The electronic signature
The "click" of the "validate" button on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

3.3. The execution of the order
We strive to deliver any product ordered in the shortest possible time. The validated order will be confirmed by email at the time of processing the order or otherwise within the order form.

4. The payment
4.1. The different payment methods
> By credit card on the website,
> By Paypal account,
> By cheque,
> By bank transfer.
In case of payment by cheque, it must be issued by a bank domiciled in France.
All orders will be processed upon receipt of payment, credit cards, cheques and transfers implying a delay of receipt. The availability and shipping times start from the date of registration of the payment method.

4.2. Online payment security
By validating the order form, you guarantee that you have the necessary authorizations to use the method of payment that you have chosen. We accept Visa, Carte Bleue and Mastercard.
Your credit card payment information is encrypted thanks to the SSL (Secure Soket Layer) protocol, and is never transmitted unencrypted over the network. The payment is made directly to the bank.

4.3. The principle of full payment
Payment is due in full upon placing the order.
We keep the full property of the products in sale, until the perfect collection of the totality of the sums due (expenses and taxes included). An order will be considered as sold when the totality of the products will have been dispatched and that you will have completely discharged yourselves of the payment of the products and your participation in the shipping costs.

5. The delivery
The order leaves our premises at the time of the effective reception of the payment, whatever the means.
You will be notified by email when the package is shipped. From that moment on, we cannot be held responsible for any damages or delays in delivery.

5.1. Delays in delivery
In the event of a delay in delivery by the Post Office or another transporter within eight working days following the date of dispatch indicated in the "dispatch notice" e-mail, we suggest that you check with your post office (in the case of this mode of dispatch) to see if the parcel is not pending, and then, if necessary, we invite you to report this delay by contacting us.
We will then contact the Post Office or the transporter so that an investigation can be opened.
This investigation may last several weeks from the date of opening. If during this period, the product is found, it will be forwarded as soon as possible to your address (return at our expense). If on the other hand the product is still not located at the end of these 21 working days, we will consider the package as lost.
At the end of the investigation for loss, we will send you a replacement product (return at our expense). If the product(s) ordered are no longer available, you will be reimbursed for the products concerned by the confirmed declaration of loss by the Post Office or the transporter.
It is reminded that no refund or return of the product can be made before the closure of the investigation.

5.2. An anomaly upon receipt of the goods
We invite you to check (or have the agent check) the apparent condition of the products upon delivery.
In the presence of an apparent anomaly (damage, damaged package, broken products, etc. ...) we invite you to report it within 3 days by phone or by mail.
In the event of any problem upon receipt, it is essential that you keep the items in the condition in which they were delivered to you (including accessories, instructions, packaging and overpackaging).
If the package arrives open and/or damaged, you can either accept or refuse it.
If you or your representative decides to accept the goods, you must be careful to write "handwritten reserves" by having the letter carrier or the deliveryman sign next to it and to fill in a "statement of anomaly" as stipulated by the regulations of the Post Office. This form must be sent to us so that we can open an investigation.
If you or your representative prefer to refuse the goods, in addition to the "handwritten reservations" to be issued, you must request that the package be returned to us, accompanied by a "spoliation report" (report 170). This form must be sent to us so that we can open an investigation.
At the end of the investigation, we will send you a replacement product (at our expense). If the product(s) ordered are no longer available, you will be able to obtain a refund for the products concerned.
It is reminded that no refund or return of the product can be made before the closure of the investigation.

6. Withdrawal
6.1. The right of retraction
In accordance with articles L121-18, L121-19, L121-20, L121-20-2 of the Code of Consumption, we grant you a 7-day period of retraction to return, at your expense, the products that do not suit you. This period runs from the receipt of the product. Once this period has expired, you no longer have this right of withdrawal (except if the Integral Guarantee has been subscribed to).
To ensure the proper management of returns, we invite you to report your return to our customer service beforehand.
In the event of the exercise of the right of withdrawal, you can ask either for the refund of the sums collected with the exception of the expenses of delivery, or an exchange of an amount equivalent to the sums paid. This right of withdrawal is exercised without penalty. You must ensure that the order for which you are withdrawing is returned complete (accessories, instructions, packaging and overpackaging included). The product(s) must be returned in their perfect original condition.
Otherwise, the right of withdrawal does not apply.

6.2. The refund of an order
In case of request for refund of an order, in whole or in part, we will keep a part of the commission fee in case the order has been paid by CB or Paypal. The amount is lower than the commission charged by the payment systems and is broken down as follows; 1% for payments by credit card, 2.5% for payments by Paypal.

7. The guarantee
7.1. The product warranty
Unless otherwise stated, manufacturers' warranties are generally for one year. In order to benefit from the guarantee of the products, you are asked to keep the purchase invoice. We draw your attention to the need to return the warranty coupon which some manufacturers require. In case of breakdown during the initial warranty period, an exchange or a credit note will be offered. You are responsible for the costs and risks of returning the defective product. You must ensure that the product is returned complete (accessories, instructions, packaging and overpackaging included).
In the case of engine parts, the warranty is usually not applied by the manufacturers due to the fact that the spare part has not been assembled by the manufacturer.
We strive to reduce the downtime of products, when they can be repaired, which are on average 2 to 6 weeks and likely to be attributable to the constraints of manufacturers. (e.g. transport delays, spare parts replenishment...)

7.2. Warranty exclusions
We draw your attention to the fact that the conventional guarantee is excluded in the following cases:
material with an expiration date, abnormal or non-conforming use with regard to its own specifications, negligence in storage/maintenance, normal wear and tear, inappropriate transformation and all causes external to the product such as a shock, oxidation...
In this case, the product can be returned to you as is, or repaired on acceptance and prior payment of an estimate established by us or by the manufacturer.
It is reminded that the company PASSION'AILES could not be held responsible in case of refusal of the manufacturer to apply its guarantee for the legitimate reasons, exposed above.

8. Taxes and exports
8.1. Taxes on price calculation
The products are displayed with the French VAT in force and are therefore invoiced inclusive of all taxes (TTC).

8.2. Tax exemption for non-EU nationals
If you live outside the European Union, the products are invoiced without VAT.
At the time of shipment, a customs declaration is added to the packing slip. When you receive the goods, you will have to pay the local taxes in force in the destination country.
We invite you to take note of and check beforehand the indispensable conditions to benefit from the French VAT exemption, www.douane.gouv.fr

8.3. VAT for intra-Community nationals
If you are an individual or an entity not subject to VAT, you will have to pay the prices indicated including all taxes, participation in shipping costs if necessary.
If you are an entity subject to VAT (in particular a non-French company located in a State of the European Union), after verification of the intra-community VAT number, an invoice without tax will be sent to you with the order.

8.4. The use of a product for a use outside France
You must take into account the fact that, within the framework of the delocalization of an order or a product towards another country than France, you remain the importer (or the intra-community purchaser) of the products concerned.
Any customs duties, local taxes, import duties, or state taxes that may be required are your responsibility.
You must inquire with the local authorities of your residence about the conditions of entry of the products ordered and you must make any corresponding declaration and/or payment to the competent bodies of the country concerned.
In addition, you must check with the local authorities about the possibility of importing or using the products or services you plan to send. You must also make sure that the technical specifications of the manufacturer comply with the legislation of the country concerned. If you do not respect the legislation of the country where you will have introduced the products, we will not be held responsible for it.

9. Protection of personal information
9.1. Person in charge of the treatment
PASSION'AILES company is responsible for the processing of personal information collected and processed. We are committed to protecting the privacy of the persons using our website and the confidentiality of the information provided.

9.2 Information collected
We need to collect certain information to access the services we offer. When you place an order, please enter information in your account (name, address, city, age, email address, etc.).
Other information is collected automatically (device or computer location, browser type and version, operating system, URLs, products viewed, transporter delivery information (package tracking number), etc).
Like many websites, this information is collected through the use of cookies.

9.3. Use of this information
The collection of this information is used solely to provide the services we offer on our website. Order processing, product delivery, payment processing, communication in connection with your orders.
This information is neither disclosed nor shared with third parties, except those necessary for the processing of orders; payment services (Banque Crédit Mutuel CIC, Paypal) as well as the transporters of packages.

9.4. Duration of data retention
Your personal data are stored to allow access to certain services (order history, delivery notes, invoices...). They can be modified or deleted on request. Some data must nevertheless be kept in order to comply with accounting and tax obligations, e.g. invoices which must be archived for a period of 10 years.

9.5. Cookies
We install various cookies on your device when you visit our website. These cookies make it possible to establish statistics (sections visited, connection time, registration or account access records, contents of the basket, order history, etc.). Depending on the browser used, it is possible to modify the management of these cookies.

10. Our mutual responsibilities
10.1. The registration
You are required to register on the website in order to use the online services.
You agree to include accurate information and to keep it up to date in case of changes.
All of this information is subject to the French Data Protection Act.

10.2. The login and the password
During registration, you are asked to define a login and a password. These two elements constitute the link to your personal data on the website. You commit yourself to contact us for any anomaly noticed, loss of password or abusive use of a third party so that the password is removed. PASSION'AILES cannot be held responsible for any damage occurred during the non-application of the present paragraph. You commit yourself to be part of the company holding the client account or for the individuals, to be holder of the account.

10.3. The law on data processing, files and liberties
In accordance with the French law "Informatique et libertés" n° 78-17 of January 6, 1978, you have the right to access and rectify data concerning you and you can exercise this right by contacting us.
Our files are processed and stored in accordance with the directives of the CNIL in conditions aimed at ensuring the security of information and with the concern to respect the privacy of the client.

10.4. Waste electrical and electronic equipment
The decree n°2005-829 of July 20, 2005 came to specify the duties of collection, treatment and elimination of electrical and electronic equipment.
Some electrical and electronic products have potential effects on the environment and human health due to the presence of hazardous substances. The decree therefore prohibits everyone from disposing of them with unsorted waste.
It obliges you to use the selective collection systems available to you in order to allow recycling and/or disposal.
We are at your disposal to take back or have taken back your used items in the case of the purchase of a new similar item.

10.5. Hyperlinks and the Internet
We could not be held responsible for the contents of the websites towards which we have created links. In the same way, we could not be responsible for possible dysfunctions of the Internet network having involved failures in the management of the website, the orders and more generally of any problem related to the telecommunications networks, the servers, the access providers and/or the data-processing equipment.

10.6. Cases of force majeure
All facts or circumstances that are irresistible, unforeseeable and beyond the control of the parties are considered as fortuitous events or force majeure. In such circumstances, it is preferable to discuss the impact of the event and agree on the conditions under which the contract will be carried out.

10.7 Disputes
Any dispute will be in the absence of amicable agreement of the exclusive competence of the commercial court of Toulouse (France).

 

 

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Any reproduction, even partial is formally forbidden.