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Conditions of Use |
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To read attentively
By connecting you onto the site www.malligator.com, you confirm your acceptance of these general conditions and agree to the terms on in their entirety. These general conditions are in addition completely applicable to any order placed at Malligator. Any order thus will be exclusively governed by these general conditions.
A - COPYRIGHT, REPRODUCTION, USE, BOND.
The site www.malligator.com (mentioned below "the Site") was conceived by Malligator, owner and titular of the rights related. It is prohibited to copy, to download whole or part of the Site or its contents, except with preliminary authorization, written on behalf of Malligator. Malligator however authorizes the creation of bond links toward the Site.
B - PROVISIONS APPLICABLE TO ORDER PASSES AND CONCLUDED CONTRACTS:
ARTICLE 1 : ACCEPTANCE OF THE GENERAL CONDITIONS.
The fact for a user of filling the purchase order being reproduced on the Site and of confirming the order, (by clicking on the button "Confirmation of order" generated for this purpose), the user is adherent to these General Conditions, which will be applicable therefore.
ARTICLE 2 : CONFIRMATION OF ORDER AND CONTRACT SIGNATURE.
Only the confirmation of order by Malligator, after validation of the payment and in accordance with article 3 of these General Conditions, is worth acceptance of the order by Malligator. Malligator will then confirm the acceptance of the order to the customer (indicated "the Customer below") by electronic mail. Acceptance or if necessary, the refusal of acceptance of an order will be thus indicated to the user in the following 72 hours according to the reception of the purchase order. A cancellation of the latter, by the customer, is thus not possible, albeit exceptional cases.
ARTICLE 3 : OBLIGATION OF THE PARTS.
3.1 - Malligator's Obligations.
Malligator engages itself, in the event of acceptance of an order, and after payment of the price, to deliver order to its Customer.
3.2 - Obligations of the Customer.
The Customer commits himself indicating to Malligator an address to which the delivery can be carried out during the business hours. The Customer commits himself to the price stipulated for the delivery service of Malligator (price of the product and transport) and this directly with the forwarding agent or the conveyor, the customs duties, the VAT or other taxes due at the time of the imports of the products in the country of the place of delivery. The Customer does no re-sell the ordered products on Malligator. Any order placed by a Customer is for his personal use or the personal use of the person in the name of whom the delivery must be carried out.
ARTICLE 4 : SPECIFIC PROVISIONS:
4.1 - Customs duties, Taxes.
4.1.1 - For the recipients resident of the European Union.
The total price indicated in the confirmation of order by Malligator is the final price. It includes the price of the products, the packing, handling charges, of transport, as well as the taxes for export out of France. The price is indicated including all taxes, which means that Malligator collects on behalf of the French State, the VAT. Consequently the recipient does not have any step or payment of tax to be payed upon receipt of order.
4.1.2 - For the recipients not members of the European Union.
The total price indicated in the confirmation of order by Malligator is the final price. It includes the price of the products, the handling charges, of transport, as well as the whole of the taxes for export out of the European Union. Customs duties and various taxes being regulated by the conveyor; the Customer or the person agreeing to take delivery of the goods commits themselves immediately refunding such costs.
4.2 - The Price, the Payment.
The price is expressed in Euros according to the daily conversion rate, the amounts expressed in other currencies are indicated only as a converted guide line. The payment of the products is done by bank card. The flow on the bank card of the customer will be carried out in Euro during the acceptance of the order by Malligator.
4.3 - Transport - Delivery - Delivery periods.
The products are delivered to the address of delivery indicated in the order within 2 to 9 working days as from the confirmation of order. The time of delivery provided by Malligator to the Customer varies according to the destination.
4.4 - Transfer of risks.
The transfer of risks on the products takes place as of the handing-over of the products by Malligator to the conveyor. Thus, the products travel to the risks of the Customer.
4.5 - Restrictive Cases of refunding/replacement.
No return of products will be accepted unless the Costumer has proven that the damages are due to the fact that the package and the products are strongly damaged, Malligator will, by free will, refund the customer the paid price or will carry out a new delivery of the same product. If the delivery is not in conformity quantitatively with the order, Malligator will refund only the difference in price between the ordered products and those delivered, of course only if the delivered products are prices lower than those ordered and paid.
4.6 - Responsibilities - Limitation for responsibility.
Malligator is not made responsible of delivery in respect of the legislative or lawful provisions in the country of delivery, Malligator being only responsible for the observance of the French regulation relating to the products. It thus rests upon the Customer to check beforehand and under his only responsibility, that the importation, the consumption of these products is in conformity with the laws of the place of delivery. In any event, the responsibility for Malligator is limited to the price of the order.
ARTICLE 5 - INVALIDITY - CAUSE BEYOND CONTROL - APPLICABLE DUTY - COURTS OF COMPETENT JURISDICTION
If one of these General Conditions were to be declared inapplicable or invalid for an unspecified reason, this disability or inapplicability will not affect the application or the validation of the other provisions of the General Conditions. Neither Malligator, nor the Customer being is held responsible for any execution which would originate in a case of absolute necessity, escaping its control, including in particular without that either restrictive, the cases of legislative modification, war, riot, insurrection, interruption of transport, problem of import or export, strike, lockout, shortage, fire, flood, storm, earthquake. The present General Conditions are controlled exclusively by the French law. The courts of Paris will be only qualified for any litigation or disagreement with regard to them.
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