ARTICLE I - SCOPE
These Terms and Conditions apply, without restriction or reservation to all sales concluded by MYQUINTUS with non-professional buyers, wishing to acquire the products offered for sale by the Seller on its website www.myquintus.com , namely: myQuintus brand luminous bed legs and derived accessories.
These conditions apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.
These Conditions of Sale are accessible at any time on this website and prevail, if any, over any other version or any other contradictory document. Unless proved otherwise, the data recorded by MYQUINTUS constitute proof of all transactions.
The coordinates of the Seller are:
7, rue Lothaire
The products on the website are offered for sale for the following territories: Metropolitan France, Corsica and overseas territories.
Product offers are within the limits of available stock. The information on product availability is provided at the time of placing the order.
Changes to these Sales Terms are binding on site users after they are posted online and can not apply to transactions concluded before.
The validation of the order by the buyer is acceptance of these Sales Terms.
ARTICLE 2 - ORDERS
The Customer selects the products on the site he wants to order by visiting the purchase page of the site www.myquintus.com. The sale will be considered final after the sending by the Seller (by e-mail), of the confirmation of acceptance of the order to the Buyer.
ARTICLE 3 - PRICES
The products are supplied at current rates listed on the site, during the recording of the order by the Seller. Prices are in Euros, including VAT.
These prices are firm and not subject to revision during their period of validity, as stated on the Seller's site. They include processing fees, shipping fees, transportation and delivery fees. For the DOM-TOM territories and Corsica, an additional charge will be made to the Buyer for the difference in transport costs.
ARTICLE 4 – PAYMENT CONDITIONS
Prior to confirmation of his order, the price will be proposed and submitted for validation to the Buyer along with a corresponding purchase summary. The price is payable in full on the day of placing the order by the Buyer. Accepted payment cards are:
Payment is made through STRIPE payment security Online payment service. Encrypted transaction data will not be retained by the Seller.
Seller reserves the right, in case of non compliance with payment conditions contained above, to suspend or cancel delivery of current orders placed by the Buyer.
ARTICLE 5 - DELIVERY
The products purchased by the Purchaser will be delivered in France (and in the territories of Corsica and DOM-TOM) within a maximum of five days to the address specified by the Buyer when ordering on the website. Except in special cases or unavailability of one or more products, the products ordered will be delivered together at the same time.
The Seller agrees to use its best efforts to deliver the products ordered by the Purchaser within the time specified above. However, these deadlines are provided for information purposes and any delays will not lead to any damage and interest payments, not lead to withholding or cancellation of the order by the Buyer. However, if the goods ordered have not been delivered within seven days after the stated delivery date for any reason other than force majeure, the sale may be canceled at the written request of the Buyer or the Seller . The sums paid by the Buyer will be refunded without delay, and will exclude any compensation or retention payments.
Delivery is deemed to be made as soon as the ordered products have been handed over to the carrier who accepted them without reservation. The Buyer therefore recognizes that it is then up to the carrier to make the delivery and that the Buyer can make no warranty claims against the Seller in case of failure of the carrier to deliver the cargo.
In case of special requests from the Purchaser (that have been duly accepted in writing by the Seller) relating to packaging or transportation conditions of the ordered products, any related costs will be the object of a specific, additional billing process, in accordance with a price estimate that will have been already accepted, in writing, by the Purchaser.
The Buyer is responsible for verifying the state of the delivered products. Any claims for product defects or non compliance of the delivered goods, along with all related supporting documents, must be sent by post or by e-mail to email@example.com within 14 days of the delivery receipt date. After this time and/or failing to comply with these formalities, the products will be deemed compliant and free from defect and no claim will be accepted by the Seller. The Seller will replace as soon as possible and at its expense, any products delivered with defects or non-conformities that have been duly proved by the Buyer.
ARTICLE 6 – TRANSFER OF OWNERSHIP – TRANSFER OF RISK
The transfer of ownership of the Seller's goods along with the transfer of risk of loss and damage thereto, will be made upon acceptance of the order by the Seller, embodying the parties' agreement on the article, the price and the date of payment and delivery. The products are thus transported at the risk and peril of the Buyer who may, in case of damage, make any claims concerning them with the carrier, within teh existing legal and regulatory conditions.
ARTICLE 7 – RIGHT TO RETRACT
Pursuant to the provisions of Article L 121-20 of the Consumer Code, the Buyer benefits from a withdrawal period of 14 working days from the delivery of products to return them to the Seller for exchange or refund, provided that the products are returned in their original packaging and in perfect condition within 14 days of delivery. Damaged, soiled or incomplete items will not be taken back.
Return costs will be borne solely by the Purchaser.
The exchange (subject to availability) or refund will be made within 7 days from the receipt by the Seller of the articles returned by the Buyer.
ARTICLE 8 – SELLER’S LIABILITY - WARRANTY
In accordance with legal provisions, products supplied by the Seller benefit from a :
Legal guarantee of conformity,
Legal warranty against latent defects resulting from a defect in material, design or manufacture affecting the delivered products and making them unfit for use,
Manufacturer warranty, depending on brand and product concerned.
All warranties are excluded in case of misuse, neglect or lack of maintenance on the part of the Buyer, as in the case of normal wear and tear of the property, accident or force majeure. The guarantee of the Seller is limited to replacement or reimbursement of non-conforming products or defective products.
In order to assert his rights, the Buyer shall, at the risk of forfeiture of any action relating thereto, notify the Seller in writing of the existence of defects within a maximum of 15 days of their discovery.
The Seller will replace or repair the product or part found to be defective under warranty. The products sold on the website comply with the regulations in force in France. The Seller's liability shall not be incurred in case of non compliance with the legislation of the country where the products are delivered, it is the Buyer’s responsibility to verify such legislation.
Photographs and illustrations accompanying the products on the website have no contractual value and do not engage the Seller's liability.
The Buyer is solely responsible for the choice of products, their conservation and utilization.
In the case of a force majeure that is usually recognized by French jurisprudence, the Seller will not be held responsible for any failures to deliver or delays in delivery.
ARTICLE 9 – COMPUTER DATA AND FREEDOMS
In the exercise of his trade, the Seller implements files with personal data within the meaning of the amended law n ° 78-17 of January 6, 1978 relating to data, files and liberties. These files are regularly reported to the « Commission Nationale de l’Informatique et des Libertés ».
In accordance with prevailing law, the Buyer has a rights of access, opposition, processing and rectification. These rights may be exercised online via the contact email address listed on the website or by writing to:
myQuintus, 7 rue Lothaire, 67200 STRASBOURG.
ARTICLE 10 – INTELLECTUAL PROPERTY
myQuintus is a registered trademark and technical systems of the myQuintus product range are patented. Using the myQuintus brand, technical solutions, and the www.myquintus.com website content is expressly prohibited without the consent of MYQUINTUS and holders of related intellectual property rights.
ARTICLE 11 – APPLICABLE LAWS
MYQUINTUS is subject to French law and only French courts are competent to hear disputes arising from their application. In the event that the Buyer is a professional, acting within the scope of its activity, only the Strasbourg Commercial Court would have jurisdiction, despite multiple defendants and / or warranty.