Who is the
market place Magickart for:
particular and professional
- Which products to sell:
you can sell new or used products
- Commission:
5% for the individual
10% for the professional
- how to sell:
activate your account: register as a seller
after validation of your sales account by our team, you can start selling
setting:
our team can supervise you for setting the seller module
CGV Market Place
General Conditions of Use Sellers
PREAMBLE
Updated on: 30/12/2015
The Calmette Karting, Magic Kart sets up, on www.magickart.eu (hereinafter the "Site"), a Marketplace allowing major sellers (hereinafter "Sellers" or "You"), after registration , to return, through him, in relation with particular buyers (hereinafter "Buyers"), also registered on the Site, for the purpose of selling new and used items (hereinafter the "Products") at firm prices (hereinafter the "Service"). Sellers can be professionals or individuals.
Among the used products, can be sold so-called reconditioned products to nine. These are, for example, exhibition products or customer returns that have been taken out of their original packaging and handled. Reconditioned products are in a like new condition. They have been tested and reconditioned in the workshop and benefit from the warranty defined by the Seller. They are delivered with all their accessories in a new neutral packaging or in the original packaging in new condition.
To use the Service, the Seller agrees to abide by these Terms and Conditions of Use Seller (hereinafter the "Seller's Terms") without restriction or qualification. This acceptance is materialized by a validation click when registering on the Service.
Sales made through the Service between Buyers and Sellers are governed by the General Terms and Conditions of Sale (hereinafter the "GTC"), which must also be accepted by the Seller on each purchase; they complete the present Seller Terms and Conditions.
Calmette Karting, invites you to read the GTC.
The Calmette Karting, Magic kart reserves the right to modify these Terms. Any changes will take effect immediately for Online Products upon notification to Seller. They will not apply for transactions in progress at the time of their entry into force.
1. Object
The purpose of these Seller T & Cs is to define the conditions under which La Calmette Karting makes available to the Sellers, as part of the Service, technological tools enabling them to put the Products on sale.
2. Description of the service
The Service consists of a set of tools allowing the Sellers to get in touch with Buyers, to offer Products for sale, to reference and describe these Products, to accept orders placed by Buyers , to collect the price of the Products purchased and to manage the after-sales service for the Products sold.
Transactions made via the Service for the purposes of the sale of the Products are concluded directly between the Buyer and the Seller. The Calmette Karting is in no way reseller of the Products offered by the Sellers through the Service.
In addition, in case of non compliance with these Seller Terms and Conditions, La Calmette Karting reserves the right to temporarily or definitively interrupt access to the Service to the Seller concerned by suspending or terminating these terms and conditions under Article 7.
3. Access to the service
In addition to the acceptance of these Seller Terms and Conditions, access to the Service is subject to the opening of an account La Calmette Karting, Magickart. You must provide the data for your identification and your contact information. When opening this account, You agree to provide only accurate information, then to inform La Calmette Karting without delay of any change affecting them.
For this purpose, La Calmette Karting provides you with the following link
To use the Service, you must use the username and password created when opening your account. You agree to keep them secret and not to disclose them to any third party. Indeed, You will be solely responsible for access to the Service with your username and password, unless there is evidence of fraudulent use that is not attributable to You.
In case of loss, misappropriation or fraudulent use of your username and / or password, You agree to immediately notify the sales department from the following link
Professional sellers will be able to benefit, on payment of a subscription of 39,99 € HT, of additional services allowing them to optimize the sales of the Products such as: the transfer of the offers by file, to be eligible for a presence on the article sheet according to objective criteria.
Regarding Private Sellers, access to the Service is reserved for Sellers resident in mainland France.
4. Obligations relating to transactions made through the service
4.1. General Obligations
The Seller must identify himself to the Purchasers as acting or not as a professional. He expressly undertakes to identify himself as acting as a Professional Seller when he makes sales of Products through the Service on a regular basis and for profit.
For Sellers declared as unprofessional, a threshold is established beyond which the Seller will be considered by La Calmette Karting as exercising this activity in a professional capacity and will have the obligation to identify itself as a Professional Seller. Otherwise, La Calmette Karting reserves the right to suspend access to the Service under the conditions set out in Article 7 below.
The threshold is set at a turnover of € 2,000 per month for three consecutive months
The Seller who acts as a professional agrees to comply with the applicable law in the exercise of a commercial activity (including registration, accounting, social and tax obligations).
The Seller who acts as a professional also agrees to comply with the laws and regulations that are incumbent upon him as a professional, particularly with regard to the Products he sells on the Site (such as for example: declaration to the Administration tax for TV sellers).
In addition, the Seller expressly forbids himself to promote directly or indirectly, in any form whatsoever (including the insertion of hypertext links, any message in the description of the Products, any printed in the packages sent to the Buyer, or by the use of the URL of his website in his identifier or on the seller's page, or by the use of a cardboard packaging) his products or services, as well as those of any other person.
The seller undertakes to implement all means so as to optimally meet its obligations by providing a quality service vis-à-vis buyers.
In particular, he undertakes to answer the emails of the Customer Service and the Commercial Service of La Calmette karting as well as the emails of the Purchasers within 2 working days of their receipt.
The Seller shall refrain, without this list being restrictive, to use visuals or trade names, pseudonyms or to make remarks or other messages that would be offensive, contrary to public order or good morals, which infringe the rights of persons or the intellectual property rights of third parties, the laws and regulations, and the La Calmette karting brand image, Magickart. Otherwise, La Calmette Karting reserves the right to temporarily or definitively interrupt access to the Service to the Seller concerned, by suspending or terminating these terms and conditions under Article 7.
4.2. Obligations relating to offers of Products on the Site
eller agrees and warrants that it will only sell Products that it owns or has rights to sell. It guarantees that they do not in any way contravene the laws, regulations in force and standards applicable, mandatory or not (especially concerning the marketing of games, toys) and that they do not infringe the rights of third parties. The Seller is prohibited in this respect in particular from selling any Product consisting of infringing works within the meaning of the Code intellectual property or any Product whose marketing is regulated by virtue of legislative, regulatory or contractual provisions (in particular because of the existence a selective distribution network). The Seller is solely responsible for the sale of the Products he offers on the Service.
On the description associated with the offers of Products offered on the Site, the Seller undertakes to act in good faith. It is solely responsible for the accuracy of the information contained therein and undertakes that it will not mislead potential Buyers, as to the characteristics of the Product, the associated warranties, as to its condition or price. Concerning more particularly the Used Products, the Seller will have to make a precise description of the state of the Product. The Seller communicates to the Purchasers all information allowing them to know the essential characteristics of the Product (if applicable, composition of the Product, accessories included, origin, legal warranties, the terms of their implementation, or any other contractual conditions etc.) ).
The Seller further undertakes that the illustrations / visuals provided in the description associated with the offers of Products that he offers (photography, drawing, etc.) are in accordance with the Products thus illustrated and respect the rights of third parties and that they do not undermine public order or morality. It guarantees La Calmette Karting that it has the rights, in particular of intellectual property, relating to these illustrations, which allow him to use them in order to present the Products.
The Seller must also specify in the description associated with the offers the country of shipment of the Products.
4.3. Product Price Bonds
The selling price of the Products is freely defined by the Seller, in compliance with the laws and regulations in force.
This price must be mentioned on the Site all taxes and fees included (including VAT, packaging costs, eco-tax, delivery costs, etc.).
4.4. Obligations relating to the sale of Products
The sales contracts of the Products offered by the Seller on the Site are concluded between the Seller and the Buyer. The Seller undertakes to offer only available Products on the Site and to immediately delete from the Site any offer relating to Products that are no longer available. The Seller is solely responsible in the event of unavailability of the Product of which he alone has the mastery.
The Seller is informed by email, through his interface seller in his account by La Calmette Karting, Magickart when a product he posted online was the subject of an order by a Buyer.
The Seller must then confirm the order concerned within 2 working days of receipt of the information referred to in the preceding paragraph.
Also, the Seller undertakes to consult regularly, and at least once a working day, his emails received at the address provided to La Calmette Karting when opening his account and, subsequently, in case of change. affecting this information, in order to be able to confirm the Products ordered by the Buyers.
The confirmation of the order by the Seller implies for the Seller, the firm commitment to ship the Product (s) within the period referred to in paragraph 4.5 (v) below Failing response from the Seller within the deadline to which reference is made to the previous paragraph, the sales contract will be automatically canceled and the Seller's account "on vacation".
In case of absence or unavailability of more than 2 working days, the Seller must temporarily suspend the posting of its Products for sale and notify the Service by email.
The Seller agrees to honor at least 95% of orders for Products offered for sale on the Site since the opening of his account. Otherwise, La Calmette Karting and for sellers who have made at least 5 sales, reserves the right to temporarily or definitively interrupt access to the Service to the Seller concerned, by suspending or terminating the present terms and conditions under Article 7.
4.5. Obligations relating to the delivery of Products
(i) The description associated with each Product presented on the Site will indicate the delivery methods proposed for the delivery of this Product.
The following terms of delivery may be offered, under the conditions defined below, to the Buyer:
• normal delivery
• follow-up delivery
• delivery against signature
Individual Sellers may also offer the withdrawal of the Product from their home.
The Seller has the obligation to respect the delivery method set in the product description.
The Seller may refuse to deliver the Product ordered in normal mode regardless of the price of the Product. In this case, it must expressly include this reservation in the description associated with said Product. Failing this, the criteria for choosing the delivery methods recalled in the preceding paragraphs will be applied.
Professional sellers will nevertheless be free to set their price schedule for delivery.
(iii) The Seller must send the buyer a delivery note for the purchased Product. The Professional Seller must attach to the delivery of the Product an invoice or any other document allowing the Buyer, if necessary, to exercise his guarantee.
(iv) The Seller undertakes to take all necessary care to enclose the Products ordered in order to prevent the Products from being damaged during transport. The Product travels at the expense and risk of the Seller.
(v) The Calmette Karting shall send to the Seller, at the latest within 24 hours following the order of the Buyer, the information relating to the Buyer allowing him to deliver the Product (s) ordered (s).
(vi) The Seller agrees to ship any Product ordered within 2 working days from the confirmation of the Product order.
4.6. Obligations relating to disputes over Products
In general, the Seller undertakes to implement, in good faith, all necessary means to fulfill its obligations by delivering a quality service to Buyers.
At any time, the Buyer has the opportunity to contact the Seller, to address any request, claim for Products ordered using the messaging tool made available within the Service, including to assert its guarantees when they are in class.
In addition to the messaging tool, it is made available a dedicated button allowing any Buyer to report in his account, within 28 days from the date of debit of his account for purchases made from from an individual Seller and within 90 days for purchases made from a Professional Seller, any claim relating to the Products ordered, (eg product not received, etc.).
Beyond these deadlines, the Buyer retains the possibility to contact the Seller, to make any request for the Products ordered using the messaging tool made available within the framework of the Service.
In the event of a complaint from a Buyer concerning a Product, including when the Seller is informed of the said complaint by means of the information tool made available to him in the Service and / or by sending an email of La Calmette Karting, the Seller is personally responsible for the resolution of the dispute with the Buyer. Disputes are settled directly between the Buyer and the Seller, if necessary using the messaging tool made available to them on the Service. The Seller shall make best efforts to resolve the dispute with the Buyer amicably.
However, in the event that the Seller has not resolved the dispute with the Buyer within 8 working days from receipt of the claim, La Calmette Karting reserves the right, after having previously informed the Seller, to refund the Product to the Buyer. This same amount will then be deducted from the amounts to be paid by La Calmette Karting to the Seller for the Products sold by the Seller via the Service.
If the dispute of the Buyer proves to be justified, the Seller will either return the ordered Product or refund.
In case of exercise of the right of withdrawal by the Buyer, La Calmette Karting, as a trusted third party, will refund the amounts paid (including delivery costs) at the latest within 14 days from the date on which the right was exercised by the Buyer. The refund will be made by the same means of payment used by the Buyer (by credit card or PAYPAL). This amount will then be deducted from the amounts owed by La Calmette Karting to the Seller in respect of sales of the Products. Nevertheless, in the event that the Seller's account is debtor of more than 150 €, the refund of the Product returned by the Buyer will then be made directly by the Seller to the Buyer.
Calmette Karting reserves the right, for Sellers who have made at least 5 sales, to suspend or terminate these terms and conditions under Article 7 in the event that the Seller reaches a claim rate greater than 5 % of his orders since opening his account.
5. Financial provisions
For each order of Products received by a Buyer, La Calmette Karting will receive from the Seller a commission equal to a percentage of the corresponding amount, including shipping and VAT. This commission is calculated as follows according to the categories of products defined below:
Grid Order Price Range Commission Rate New Product Price Range Commission Rate Used Product by Price Range Commission Rate New Refurbished Product by Price Range
Individual 5%
Professional 10%
For sales made by Sellers, La Calmette Karting will apply to the latter a management fee of 0.49 € TTC for products from 0.01 € to 5 € and 0.99 € TTC for products of 5.01 € 15 € TTC and € 1.49 TTC for the products from € 15 to € 49 TTC and € 4.50 TTC above € 49.01 TTC.
For professional sellers who have subscribed 39.99 € HT, they will not be subject to management fees above but La Calmette Karting will apply a commission can not be less than 0.70 € HT.
The Calmette Karting will reimburse the Seller the total amount of the price of the order in question, minus the commission and management fees for Private Sellers, after confirmation by the Buyer of the receipt of the Product (s) purchased. The payment will be made by transfer to the bank account whose details were provided by the Seller in "My account" after said confirmation, and this, the 5, the 15, or the 25th of the month.
Example 1: a Product is received on June 23, the transfer will be made on June 25 following.
Example 2: a Product is received on January 12, the transfer will be made on January 15 following.
For the private sellers, the payment will be made after confirmation by the Buyer of the reception of the Product (s) bought according to their choice:
• automatically every 10 days by transfer to their bank account within 2 working days
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In the absence of confirmation of the receipt of the product by the Purchaser and in the absence of any dispute of the Buyer brought to the knowledge of the Seller within the time allowed to the Buyer to do so, the Product will be deemed to have been received and the transfer will be made to the benefit of the Seller 21 days after the date of the debit of the bank account of the Buyer.
Calmette Karting reserves the right to suspend the payment of sums due to the Seller in case of failure by the Seller to its obligations.
6. Evaluation of the sellers
The Calmette Karting provides Purchasers with means to evaluate the performance of the Sellers after confirmation of the receipt of the ordered Product, thus allowing Buyers to select the Products from the most serious Sellers and who respect the conditions of use of the Service.
The assessment is made according to evaluation criteria and the attribution of stars.
For Sellers who have made at least 5 sales since the opening of the account, La Calmette Karting reserves the right to temporarily or permanently interrupt the access to the Seller's Service whose valuation would be less than 4, by suspending or terminating these terms and conditions under Article 7
7. Suspension - Termination
7.1 These Terms of Use are concluded for an indefinite period. Each Party may therefore terminate the Terms and Conditions at any time without having to justify it by giving two months notice.
In the case of CGUs concluded by a particular Seller, the termination of these presents by either party may be made at any time without notice.
7.2 In the event of failure by the Professional Seller to any of its obligations, The Calmette Karting, Magickart may after formal notice sent by any means remained ineffective for a period of 15 days, terminate this Agreement by simple sending of a registered letter with acknowledgment of receipt.
In case of failure by the Seller to any of its obligations, La Calmette Karting, Magickart may terminate these Terms by simple notification without notice.
7.3 In the event of a serious and / or repeated breach by the Seller of his obligations or affecting his accounts, such as in particular and without this list being restrictive: fraud, insulting remarks, counterfeiting, infringement of the rights of third parties (...), La Calmette Karting, Magickart may terminate these Terms without notice and without the Seller being entitled to any compensation.
8. Mediation service for consumer disputes
In accordance with the regulations, La Calmette Karting offers Buyers a mediation service for consumer disputes related to transactions made through the Service.
Mediation fees will be billed by La Calmette Karting to the Seller.
9. Personal data
The information and data relating to any natural person representing the Sellers are treated by La Calmette Karting; unless otherwise stated, they are essential for the management of the Seller's account and its access to the Service. This information and data are also kept for security purposes, in order to comply with the legal and regulatory obligations of La Calmette Karting, where applicable, and to enable La Calmette Karting to improve and personalize the services offered to customers. users of the Site, as well as the information sent to the Seller. In this context, the Seller may receive information via email related to the Service from La Calmette Karting.
In accordance with the law "computer and freedoms" of January 6, 1978, the Seller has a right to oppose, access, rectification and deletion of personal data about him, under the conditions provided by law. To exercise them, the Seller must write online at this address or by mail to La Calmette Karting, Consumer Service, BP 11 - 30190 Saint CHAPTES, mentioning his last name, first name, e-mail address and his Vendor ID. In accordance with the regulations in force, any application submitted for this purpose must be accompanied by a photocopy of an identity document bearing the signature of the applicant and specify the address to which the answer must be sent. A reply will be sent within a maximum of 2 months following receipt of the request.
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With regard to the Seller's order data collected from the Service, La Calmette Karting will inform Buyers that they are destined for La Calmette Karting, and that the information necessary for the delivery of the Products will be transferred to this website. only end, to the Seller.
The Seller irrevocably undertakes to use the personal data of the Buyer which will be transmitted to him by La Calmette Karting only for the purposes of the delivery of the Products and to enable him to fulfill the legal obligations which are attached thereto. He undertakes not to keep any copy as soon as he has proceeded to the shipment of the Product (s) ordered (s). Any other use, rental, sale, resale or copy by the Seller is prohibited. In this context, the Seller may receive information via email related to the Service from La Calmette Karting.
Fight against fraud
In order to fight against fraud (lack of delivery of customers, unpaid ...) or inappropriate behavior of the Seller (complaints, bad evaluations or insufficient satisfaction rate ...) and thus provide Service Users with an optimal quality of service, the data Seller's personal information collected on the site is processed by La Calmette Karting to determine the level of fraud and trust risk associated with the Seller's account. As part of this analysis, La Calmette Karting is likely to ask its specialized risk prevention service providers to refine its analysis. Some of these providers are also recipients of the result of the analysis and can use it on their behalf to feed their own incident file.
The messages exchanged between the Seller and the Buyer through La Calmette Karting, are kept by La Calmette Karting and may be used to prove inappropriate behavior of the Seller.
Calmette Karting may, depending on the results of the control performed on the Sellers accounts (at registration and during the life of the account), the confidence index attributed to the Seller account or the Seller's behavior, take measures, such as refusal to register the Seller in the Marketplace, temporary suspension or definitive closure of the Seller account. These measures may also have the effect of suspending the payment of the Sellers in the event that the Seller has not or may not proceed with the delivery. The occurrence of an incident (no delivery, unpaid for Calmette Karting, account closure, negative confidence index ...) may result in the registration of data related to the account within the alert file of La Calmette Karting , which may, during future connections or listings of sellers, lead La Calmette Karting to carry out additional checks or refusal of listings of Sellers.
At any time during the risk analysis conducted by La Calmette Karting, you can submit your comments by writing to Customer Service. In addition, in accordance with the Data Protection Act of 6 January 1978, you have the rights of access, rectification, deletion and opposition provided by the law of January 6, 1978 relating to data processing, files and data. freedoms. In accordance with the regulations in force, your application must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which the reply must be sent to you.
To exercise your rights in the fight against fraud, simply contact:
• From La Calmette Karting: electronically to Customer Service or by mail to La Calmette Karting Consumer Service, BP 11, 30190 ST CHAPTES, giving us your last name, first name, e-mail address and if possible your customer reference.
10. Intellectual property
10.1 - All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property for the entire term of protection of these rights and for the whole world. As such and in accordance with the provisions of the Code of Intellectual Property, only the use for private use, subject to different or even more restrictive provisions of the Code of Intellectual Property, is allowed. Any reproduction or total or partial representation of the Site or all or part of the elements on the Site is strictly prohibited.
1.2 - The corporate names, trademarks and distinctive signs reproduced on the La Calmette Karting sites are protected by trademark law. Reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.
10.3 - Some products are the subject of personal and specific rights of use regulating copies, public broadcasts, rentals. You must comply with the terms and conditions of sale of these products and La Calmette Karting can not be responsible for any use that may be made of the Products in this context.
11. Liability
The Seller guarantees and will compensate the Calmette Karting at first request against any damage suffered by La Calmette Karting and against any liability action brought against La Calmette Karting because of the Seller's breach of any right of sale. a third party, including a Buyer, that such damage results from the sale of Products, the use made by the Seller of the Service, or any other act attributable to it.
La Calmette Karting's liability to the Seller may be incurred only for matters that are directly attributable to it and is in any event limited to the amount corresponding to orders made in the previous month. It can not be held liable for indirect damages, including the loss of opportunity to sell Products in the event of unavailability of the Service. The responsibility of La Calmette Karting can not be engaged either because of the misuse of the Service by the Seller.
Calmette Karting disclaims any liability with respect to sales between Sellers and Buyers through its Service. Any complaint relating to the Products, (description, delivery, conditions of use, etc.) that would be brought to the attention of La Calmette Karting will be forwarded to the Seller concerned, who will assume full and sole responsibility.
12. Partial nullity
If one or more stipulations of these Seller UGC are held to be invalid or declared as such under a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain their full force and their reach.
Applicable Law / Attribution of Competencies
These Seller Terms and Conditions are subject to French law.
Any dispute relating to their interpretation and / or execution falls within the jurisdiction of the French courts. In the event of a dispute between La Calmette Karting and a Professional Seller, the Courts of PARIS shall have jurisdiction notwithstanding the plurality of defendants or appeals in warranty, including proceedings for summary proceedings or motions.
CGV Market Place
General Terms and Conditions Market Place
PREAMBLE
Updated on: 30/12/2015
These General Terms and Conditions of Sale (hereinafter the "GTC") apply in addition, in respect of the Purchasers, of the Purchaser T & Cs and, in the case of the Sellers, of the Sellers' T & Cs, in which the terms are defined. in capital letters used in these GTCS.
The GTC applies to all sales of Products made through the Service between the Seller and the Buyer. They are intended to govern the relations between the Sellers and the Product Buyers, excluding those between the Buyers and Calmette Karting or between the Sellers and Calmette Karting. The relations between the Buyers and Calmette Karting are governed by the Buyer's Terms. The relations between the Vendors and Calmette Karting are governed by the Seller's Terms.
Calmette Karting is not the seller of Products purchased through the Service; only the Seller, whose name is indicated on the descriptive card of each Product, is the contracting partner of the Purchaser for the purchase of said Products. The Products can not be taken back or exchanged by La Calmette karting or a shop with MAGICKART brand.
1. CONCLUSION OF THE CONTRACT OF SALE BETWEEN THE PURCHASER AND THE SELLER
1) The Products are presented on the Site with a description enabling the Buyer to know their essential characteristics and their price.
2) The Buyer selects the Product (s) he wishes to purchase.
3) He confirms his choice of Product (s) and reads and accepts the present GTC by a click of validation.
4) The Buyer receives an email confirmation of taking into account his order. However, the contract of sale concluded between the Buyer and the Seller is subject to the resolutory condition that the Product is available.
5) The Seller is informed by La Calmette Karting that one or more of the Products he has put online has been the subject of an order.
6) The Seller undertakes to confirm and / or cancel the availability of the Product (s) ordered by the Buyer within 2 working days of the information received as referred to in point 5 ).
In the event that the same Product is the subject of an order by several Buyers at a time, and depending on the availability of this Product (penurious product, unique, used), it will only be sold to first Buyer who registers his order. The order will be reversed for other buyers.
7) Once the availability of the Product (s) confirmed or reversed by the Seller, an email is sent to the Buyer to inform him of the availability or not of the Product (s) ordered (s) .
8) In case of confirmation of the availability of the Product (s) by the Seller, the resolutory condition attached to the contract of sale concluded between the Buyer and the Seller is waived; the Seller in fact makes a firm commitment to deliver the Products within the specified period and the Buyer's bank account is debited with the amount of the order.
In the absence of confirmation of the availability of the Product (s) within the period referred to in point 6), the contract concluded between the Buyer and the Seller is automatically resolved and each party is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited.
However, only the contract for the sale of the unavailable Product (s) is covered by this resolution.
9) In the event of confirmation of the availability of all or part of the Products ordered by the Buyer, said Products shall be dispatched by the Seller in accordance with the terms and conditions set out in Article 3.
10) The Buyer must confirm without delay in "My account" the good reception of each Product ordered. Otherwise, the Product will be deemed to have been received within 21 days from the date of shipment. This clause is without prejudice to the provisions of Articles L. 211-4 et seq. Of the Consumer Code mentioned in the appendix.
11) The Purchaser is invited to evaluate the Seller's performance in accordance with Article 7.
2. PRICE AND PAYMENT
The purchase price of the Product is set by the Seller. It is mentioned in euros TTC on the descriptive card, with the delivery costs included.
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The Seller may refuse to deliver the Product ordered in normal mode regardless of the price of the Product. In this case, it expressly includes this reservation in the description associated with the said Product.
The Seller undertakes to send to the Buyer the ordered Products within 2 working days of the date of confirmation of availability of the ordered Products; the Seller in fact making a firm commitment to ship the Products within the specified period. The Products are delivered to the address indicated by the Buyer in "my account" and shipped under the conditions he chose when ordering. It is therefore the sole responsibility of the Buyer to ensure that the information he provides to Calmette Karting, Magickart for this purpose are and remain correct and that they will allow him to receive the Products he buys on the site. The Products travel at the expense and risk of the Seller.
4. RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, as part of a purchase made from a Professional Seller, the Purchaser has a period of 7 days from receipt of the Product (s) ordered to exercise, from the Seller, his right of withdrawal, without having to justify reasons or to pay a penalty.
It is stated that the right of withdrawal is not applicable in the context of a purchase made from a particular Seller.
In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Products purchased (s) will be refunded, the cost of return remaining the responsibility of the Buyer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) in a packaging identical to that used during shipping.
In accordance with current regulations, the right of withdrawal can not be exercised for audio, video or computer software unsealed records.
The Buyer exercises his right of withdrawal directly from the Seller concerned using the messaging tool made available to him within the framework of the Service.
The refund of the returned Products is made by La Calmette Karting by credit on the credit card of the Buyer or his PAYPAL account as soon as possible and at the latest within 30 days following the date on which the right was exercised.
5. DISPUTES - DISPUTES
5.1 Claims Processing
Without prejudice to the guarantees stated in article 6 below, the Buyer has the possibility to report on "My account", within a period of 21 days from receipt of the Product, any claim related thereto according to the following criteria: :
- Product not received: the Product has not been received by the Buyer.
- Product not in conformity: the received Product does not correspond to the Product ordered.
- Damaged product: the received Product is damaged or broken.
Disputes are settled directly between the Buyer and the Seller, if necessary using the messaging tool made available to them on the Service.
The Buyer and the Seller will make their best efforts to reach the amicable resolution of the dispute.
Depending on the case, the declared dispute will result in the return of the ordered Product or refund.
6. GUARANTEES
In accordance with the legal provisions in force relating to the conformity of the product with the contract or the latent defects and in particular those recalled in the Appendix of these GSC, the defective Products or not corresponding to the order will be refunded.
The Products must be returned to the Seller in the state in which they were received with all the elements (accessories, instructions ...) in a packaging allowing transport in good conditions.
These warranties are without prejudice to the right of withdrawal provided for in Article 4.
7. EVALUATION OF SELLERS
The Calmette Karting provides Purchasers with means to evaluate the performance of the Sellers after confirmation of receipt of the Products ordered. This transparency allows Buyers to select Products from the most serious Sellers and who best respect the conditions of use of the Service.
The assessment is made according to evaluation criteria and by the award of star (s) by the Buyers. As such, La Calmette Karting provides no control of the assessment made by Buyers, which it merely stores on the Site. It may, however, be required to delete, without notice, any assessment the content of which has been reported to it to be unlawful. The evaluations left by the Buyer, as well as his pseudonym, will be visible by any visitor of the Site.
8. PERSONAL DATA
In addition to article 6 of the Buyer's Terms of Sale and article 7 of the Seller's Terms of Sale, the Purchaser and the Seller are informed that all data collected as part of the Service when placing orders are processed by Calmette Karting for the purpose of processing said orders.
The information and data of the Buyers relating to the delivery are transmitted by La Calmette Karting to the Sellers for the sole purpose of allowing them to ship the Products ordered. They can not under any circumstances be used for other purposes.
Each Seller has access only to the personal data provided by the Buyers of its Products to La Calmette Karting when ordering.
The Vendors undertake to ensure the security of the personal data that they keep for the needs of the realization and the follow-up of the orders.
In case of difficulty concerning the processing of these data, the Buyer and the Seller may apply directly to La Calmette Karting, under the conditions set, as the case may be, in the Buyer's T & Cs or Seller's T & Cs.
9. SECURITY
The Site is subject to a security system: The Calmette Karting has adopted the SSL encryption process but has also strengthened all scrambling and encryption processes to protect as effectively as possible all the sensitive data related to the means. payment methods used on the Site.
10. PARTIAL NULLITY
If one or more stipulations of the present GSC are considered as invalid or declared as such under a law, a regulation or a final decision of a competent jurisdiction, the other stipulations will retain all their strength and all their scope.
11. APPLICABLE LAW
These general conditions are subject to French law. Any dispute relating to their interpretation and / or execution falls within the jurisdiction of the French courts.
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