Macaple.com website shop online has been implemented by the company ADBOX in France. The website is operated by ADBOX. When ordering a product which is on the website the consumer is supposed having read the terms and sales conditions.

 

In consequences the consumer recognizes being perfectly aware that the terms and conditions do not need the handwritten signature insofar as the consumer wishes to place an order on line for products displayed on our website. The consumer may save or publish the present general conditions being assumed that as well the safeguard as the edition of this document relate to his own responsibility.

 

The present terms and sales conditions describe the whole obligations of the parties. Therefore the consumer has to accept without any reserve the whole provisions shown in the terms and sales conditions. Not any general or specific condition indicated in the documents sent or remitted by the consumer can be added to the present ones since these documents would be considered as incompatible with these general terms and conditions.

 

The present terms and conditions define the duties and obligations of the parties in the framework of the on-line sale of goods and services proposed by Macaple to the consumer. The present terms and conditions effect at the date of the signature of the purchase order. The present terms and conditions are concluded for the period necessary to supply the goods and services purchased until the end of the warranties due by Macaple.

 

The “double click” of the consumer under the purchase order constitutes an electronic signature which has the same value as an handwritten signature.

 

Product description

 

The description of the products proposed for sale are showed in the “Catalogue” heading. The pictures do not enter the contractual field. Macaple’ responsibility cannot be commited if there are errors. Macaple show products to be for sale on its website with the necessary characteristics to meet the Article L111-1 of the Code of Consumption which allows the possibility for the future consumer to know the main characteristics of the product he would like to purchase before placing his order.

Offers displayed by Macaple are valid only within the limit of stocks available.

 

Prices

 

Our prices must be understood net, without taxes. Our prices may varied according to the economical or conform conditions without any preliminary notice. The invoiced price will be the one valid at the date of shipment. Prices are in Euro and valid only until the date of dispatch of the order by the consumer. They do not take into account transport cost –which appear separately  before validation of the order. The whole payment must be done with the order. The sums of money will never be considered at any time as deposit or installements.

 

 

Delivery

 

The goods are delivered in the packaging unit determined by Macaple which is the carton. No division of this packaging unit is possible for hygienic reasons. In case of ordered quantity not in conformity, the closest ordered quantity (plus or minus) will be delivered without our being accountable for it.

 

Delay in France is about 3 to 7 days. For the other countries of the EEC it will take 8 to 15 days.

 

Leadtimes are given for information only. No orders or requests for damages because of the delay in delivering will be taken into consideration. These leadtimes are suspended in all cases beyond Macaple control such as total or partial strikes, lockout, fire, machine breakdown, flooding, total or partial disasters, etc….

During the delivery, the goods are under the consumer’s responsibility. The transport risk is borne by the recipient who will have to control the number and good state of the boxes. According to the article 105 of the Trade Code, the consumer will have to notify to the carrier ( if it is necessary his remarks ) at the reception of the goods and  3 days from receipt of the goods to notify his claim by registered letter to the carrier.

 

By mail

 

All products of small or medium sizes can be dispatched by Postal“Colissimo suivi”. On our website the consumer can find a table with his country and the corresponding prices per weight.

 

Guarantee

 

All our products are guarantee against every defect of manufacturing and in this case can be exchanged free. In case of claim about the quality of our items, our responsibility is limited to the replacement of products found defective by our Production Department.

 

Claims

 

The consumer will have to send his claim to Macaple SAS within 3 days if any mistake in delivery, bad quality and/or non conformed to the indications stipulated on the purchase order. Beyond this delay the claim will be rejected.

 

This claim may be done in priority by registered letters or connecting on our website, heading “Follow your order” where after having enter your customer number you will be able to ask us your question through the menu “to contact us” and mention our purchase order number. Any claim not done according the here under defined rules and within the requestedelays will not be taken into account and will release Macaple of any responsibility with respect to the consumer.

 

At receipt of the complain, MACAPLE will give a number of exchange for the product (s) concerned and will communicate this number by e-mail, fax or phone to the consumer. The exchange of the product (s) will happen only after having given this number to the consumer.

 

In case of error in delivery or exchange, every product exchanged or to be reimbursed will have to be returned to Macaple in its original packaging, by registered colissimo to :

 

MACAPLE SAS

BP 70815

45308 PITHIVIERS CEDEX

FRANCE

 

To be accepted, any return will have to be informed to MACAPLE Sales Department.

 

In case of deliveries which would be defected or in non-confirmity, Macaple responsibility will be contractually limited to the replacement for whole or part of the say delivery without any allowance being given for whatever is the cause. Our raw materials and colouring used in the manufacture of our products are in conformity with the French legislation presently in force on the packing which can be in contact with food.

 

Revocation right

 

The consumer has 8 working days to return the products which do not satisfy him at his expenses. This delay starts as from the date of the delivery of the consumer order. Should the delay expires a Saturday, a Sunday or a day off, it will be extend to the following first working day. Every return will have to be notified to MACAPLE Sales Department, by in priority, registered letter or in connecting you on Macaple website, heading “follow your order”where after having entered your customer number, you will be able to obtain your number purchase order. The product will have to be returned by registered colissimo to :

 

MACAPLE SAS

BP 70815

45305 PITHIVIERS CEDEX

FRANCE

 

Only the products returned as a whole in their original packing and in good condition and in perfect condition for re-sale. Every damaged product or whose the original packing would have been deteriorated will not be either reimbursed or exchanged.

 

This right revocation exercise without penalties except for the expenses of return. On the assumption of the right revocation exercise, the consumer has the choice to ask for either redunfing of paid sums or the exchange of the product. In the case of an exchange, the re-forwarding will be done at the consumer expenses.

 

In the event of his right revocation exercise, MACAPLE will do its best to reimburse the consumer within a 30 day period. However according to the technical character of the market products, this delay may be extended to 60 days in particular if the product needs a technical checking.

 

Then the consumer will be reimbursed by crediting his bank account (secured transaction) in case of payment by credit card.

 

 

Site access

 

The right of using Macaple software, like those distributed by it, is granted to the consumer on a purely non-exclusive, personal and non transmissible basis in accordance with the Intellectual Property Code. However, in accordance with the L122-6-1 Article of this Code, the consumer has a reproduction right only in the frame of a backup copy when it is necessary to preserve the use of the software. In any event, the author of the software preserves a right of his ownership work that the consumer commits himself to respect.

 

Beyond our control 

 

None of both parties will have failed in its contractual obligations insofar as their execution is delayes, blocked or prevented by a fortuitous occurrence of force majeure. Will be considered as fortuitous or force majeure every event or circumstance compeling, external to parties, unforeseeable, inevitable, beyond Parties control and which can not be stopped by the Parties despite all the reasonable possible efforts. The party affected by such circumstances will inform the other Party within10 working days according to the date it has been aware of. Both parties will then contact each other within one month time, except impossibility due to the force majeure, to check the consequences of the event and agree how the execution of the contract will be continued. Should the force majeure last more than 3 months, the present conditions could be cancelled by the injured Party. In express way, are considered as force majeure or fortuitous occurrences, except those usually accepted by the Jurisprudence of the Courts and French Court : blocking of the transport means, earthquakes, fires, storms, floods, lightning, stop of telecommunication networks or difficulties specific to the external customer telecommunication networks.

 

No partial validation

 

If one or several stipulations of the present terms and conditions are considered as non valid or said by implementation of a law, a rule or further to a definitive decision from the concerned jurisdiction, the other stipulations will keep their terms and impact.

 

Non renunciation

 

The fact for one of the Parties not to prevail to a lapse from the other Party to any of the obligations mentioned in the present Terms and conditions could not be considered in the future as a renunciation to the involved obligation.

 

Title

 

In case of difficulty to misinterpret any title appearing in front of the clauses or any clause, the titles will be declared as non-existent.

 

 

Applicable law

 

The orders are subjected to French law. The proposed products are in accordance with French rules. If necessary, it is to the foreign customer to check with the local authorities the possibilities to use the product that he plans to order. MACAPLE will not be responsible in case of non-respect of the foreign country rules where the product is delivered.

In case of dispute, the consumer consents the exclusive French jurisdiction.

 

According to the law 78(17 of January 6^th, 1978, the customer has the right of access and correction at any time.  In order to exercise this right, it is sufficient to contact the Customer Service of the Company.

 

Data confidentiality

 

The personal data provided by the customer will not be spread to third party ; there are, unless formal opposition from the customer, entered in Macaple customer files.