1. Identification of the vendor
The website www.mackeene.com is published by RODARY SAS, a company existing under the laws of France, whose Intracommunity VAT number is FR 68 882 349 202 and whose registered office is situated 71bd malsherbes 75008 Paris – France.
2. Scope and acceptance of the General Terms of Sales
These general terms of online sale apply to the purchase of products offered on the website www.mackeene.com. Only end consumers, natural persons, or end customers who are legal entities and not resellers or intermediaries acting on their behalf are permitted to purchase MACKEENE products. By making a purchase on the Website, the Customer represents that they are an end consumer and have no intention of reselling the Products for commercial purposes. MACKEENE reserves the right to update these GTS at any time.
The GTS applicable at the time of the sales contract are those that are binding on the Customer. At the time of purchase, the Customer will be asked to confirm their acceptance of the applicable GTS. The GTS can be viewed at the time of confirmation and acceptance by checking the box "I have read and hereby accept the General Terms of Sale of the mackeene.com website." This acceptance serves as confirmation of agreement to the terms and conditions of the GTS.
3. Terms of the Order
When a customer places an order on the Website, they agree to the GTS, prices, and Products available for sale. The order process involves several steps. First, the customer selects the desired Product. Next, they check the contents of their basket and can remove any selected Products. The customer then completes an identification form with mandatory information and confirms their order details. At this point, the customer must accept the GTS by checking a corresponding box. Once this is done, the order cannot be modified or canceled.
After the customer confirms their order, they receive an email summarising the order details, which includes the delivery and invoicing addresses, order number, date of order, Products ordered, and method of delivery. This email is official proof of the order. MACKEENE processes the order and checks the availability of the Products ordered. When the order is dispatched, the customer receives another email confirming the shipping details, and the contract is deemed concluded.
The customer is provided with a carrier tracking number, which can be used to track the progress of the order on the carrier's website. The customer also receives email updates on the processing and preparation stages of their order until it is shipped.
4. Product availability
The prices and availability of MACKEENE products are only guaranteed while they are visible on the website, and may be subject to errors or modifications due to simultaneous orders or stock availability.
If a product is found to be unavailable after an order is placed, MACKEENE will promptly inform the customer and offer them the option to order another available product as a replacement or cancel the order without any additional cost.
MACKEENE reserves the right to change the products offered on the website without prior notice, and may limit the quantity of products that can be purchased by a single customer in accordance with applicable regulations.
While efforts are made to ensure the accuracy of product photographs and graphic representations on the website, variations may occur due to technical limitations of color reproduction on the customer's computer equipment. MACKEENE cannot be held liable for non-substantial errors or inaccuracies.
MACKEENE may refuse to accept an order from a customer with whom it is in a dispute, or if it has reason to believe that the customer has breached these terms or engaged in fraudulent activity, or for any other legitimate reason.
The prices of MACKEENE products are stated in Euros but customers can also pay in other currencies through a daily conversion based on the website's converter. The prices are inclusive of taxes but exclude customs duties for orders outside of the EU, which will be borne by the customer.
MACKEENE may change the prices of its products without prior notice. The products will be invoiced based on the prices displayed on the website at the time of the order, subject to availability.
Orders must be paid in Euros and settled immediately upon placing the order. The payment will be made through MACKEENE's approved banking and credit institution's secure website.
If certain products are unavailable after the order has been placed, only the price and shipping costs related to the available products will be charged.
Customers can pay for their orders using credit cards such as Visa, CB, Mastercard, and American Express or through payment apps such as PayPal or Apple Pay (mobile). The payment will be secured by the partners responsible for managing financial transactions, and no banking information regarding the customer will be transmitted via the MACKEENE website. The order will be recorded and validated upon acceptance of the payment by the banking service.
6. Reservation of Ownership
MACKEENE retains ownership of the products ordered until full payment of the price is received. However, once the products are delivered to the address specified in the order, the customer assumes the risk of loss, theft, or damage to the products.
7. Terms and conditions of delivery
The cost of handling and shipping products is determined by the customer's location and the total order amount, and will be clearly stated on the invoice. Any costs, taxes, or delays related to customs are the responsibility of the customer, and MACKEENE cannot be held accountable for them.
Orders are typically processed within 2 working days and shipped within 4 working days, unless a product is sold on pre-order, in which case the estimated shipping time may be as long as 6-9 months. If a product is not delivered within 30 days of the estimated delivery date, the customer has the right to cancel the order and receive a refund.
Parcels are usually shipped via Colissimo, and a delivery note is included with the parcel for proof of delivery. The customer is responsible for inspecting the products upon delivery and reporting any defects or issues within 3 working days.
If there is an issue with the delivery due to an incomplete or incorrect address or the recipient's unavailability, MACKEENE cannot be held responsible for the delivery's completion. If a second delivery attempt is necessary, the customer may be required to pay an additional fee.
If a customer needs to return a product, they must contact customer service to obtain a return number and follow specific shipping instructions. The product must be returned in its original condition and packaging. Any claims related to delivery or product issues must be made within 14 working days of receiving the product.
8. Right of withdrawal
According to the Consumer Code, customers have 14 days from the delivery date of the purchased product to inform customer service of their desire to return the product. Customers can either use the return form provided in the delivery package or contact customer service via email to inform them of their decision to use their right of withdrawal. Any returns made after the 14-day period will be refused and returned to the sender. Returns cannot be made as cash on delivery, and the sender is responsible for the costs and risks of returning the product.
In order for the return to be accepted for exchange or reimbursement, the product must be in its original packaging, undamaged, with the label attached, and all accessories included. The customer does not have to provide a reason for the return or pay any penalties, except for return costs.
MACKEENE cannot be held responsible for lost, stolen, or damaged parcels, and parcels without the customer's identification and return code will be refused. Any returns must be made by a traceable method, and the tracking number must be provided to MACKEENE.
Upon receipt of the returned product, customer service will confirm receipt by email. If the customer has made a valid return, MACKEENE will reimburse the customer for the amount paid for the product (excluding customs duties) within 14 days by bank transfer to the account used for the credit card bearing the customer's name.
MACKEENE will also reimburse standard delivery costs, including parcel tracking, but the customer must include the delivery invoice with the parcel tracking number in the return parcel.
9. Statutory warranties
MACKEENE provides statutory warranties for their products in accordance with Articles L.217-4 to L.217-14 of the Consumer Code and Articles 1641 through 1648 of the Civil Code. These warranties cover conformity defects and hidden defects and apply for a period of 24 months following the delivery of the product.
MACKEENE is not responsible for any complaints regarding products that have been used in a manner that is contrary to their intended use. Complaints regarding the product itself, without any relation to the delivery, must be submitted by email to firstname.lastname@example.org and confirmed in writing by registered letter with acknowledgement of receipt to MACKEENE customer service at their address in Paris.
In case of a conformity defect, the customer has the option to choose between repair or replacement of the product, unless these options are commercially unreasonable for MACKEENE. If repair or replacement is not possible, the customer may be reimbursed for the purchase price of the product. In case of hidden defects, the customer can choose to return the product for a full refund or keep it and receive a partial refund.
The costs for the return shipment as well as any related costs for importing the goods back to France shall be borne by you.
10. After-sales service and availability of spare parts
MACKEENE provides after-sales service for a fee for any Product that can be repaired technically. To request a repair, the Customer should contact the customer service directly via email at email@example.com.
As per paragraph 1 of Article L 111-3 of the French Consumer Code, MACKEENE does not provide any warranty regarding the availability period of spare parts that are essential for the use of its Products. However, MACKEENE will do its utmost to assist its Customers in obtaining any required spare parts upon request.
11. Limitation of liability
MACKEENE cannot be held responsible for any damages that do not result from a breach of its obligations.
12. Personal data
When customers register on the www.mackeene.com website, MACKEENE collects personal information such as name, email address, and gender to provide them with accessible services in the reserved access areas. The provision of personal information is essential for processing and delivering orders.
To create an account and store customer information securely, a password is chosen by the customer. This information is strictly confidential and protected under the Data Protection Act No. 78-17 of 6 January 1978 and the regulation (EU) 2016/679, general regulation on data protection.
MACKEENE promises to ensure the confidentiality of all personal data processed and to implement appropriate security measures in its field of activity. It also ensures that authorised personnel who process personal data respect confidentiality and receive necessary training regarding the protection of personal data. Furthermore, subcontractors are required to respect legal obligations on behalf of and according to the instructions of MACKEENE.
Customers have the right to access, amend, rectify, and delete their personal data at any time. To exercise this right, they can send a request to MACKEENE via email or letter.
With customer consent, personal information can also be used for marketing purposes such as sending newsletters or requests.
13. Intellectual property
The www.mackeene.com website contains various types of content such as documents, information, texts, graphics, images, photographs, and other materials that are owned exclusively by MACKEENE. These materials cannot be reproduced, exploited, or used for any purpose without the express permission of the person in charge of publication.
MACKEENE is the rightful owner of all intellectual property associated with the Products, including distinctive trademarks and logos under which the Products are marketed, with the exception of authors' moral rights.
The Customer fully recognises MACKEENE's intellectual property rights and agrees not to infringe upon them in any way. Specifically, the Customer promises not to manufacture, sell, license, or market, either directly or through a third party, any Products, imitations or reproductions of Products, or any intellectual property rights or trademarks belonging to MACKEENE, for their benefit or the benefit of a third party.
14. Force majeure
In the event that MACKEENE is unable to fulfil its obligations due to unforeseeable and uncontrollable circumstances beyond its reasonable control, known as a "force majeure" event, MACKEENE will notify the Customer within 96 hours and provide details of the force majeure and the expected delay. MACKEENE will not be held liable for any non-performance or delay resulting from the force majeure event but will make every effort to resume full performance as soon as possible. MACKEENE may choose to cancel the order or part thereof, without liability, but will refund any amounts already paid by the Customer. The Customer cannot use force majeure as an excuse to avoid paying any sums of money.
15. Governing law – Disputes
The laws of France shall govern and interpret these GTS, which are written in French.
Any disputes arising from the performance or interpretation of these GTS shall be subject to the exclusive jurisdiction of the French courts. However, if there are mandatory non-waivable provisions that are more favorable to the Customer based on their normal place of residence, they may apply in accordance with Regulation CE 593/2008 of the 17 June 2008.
In the event of a dispute, the Customer may opt for a contractually agreed mediation procedure or any other alternative dispute resolution. If there is a consumer dispute, the Customer may seek amicable settlement through mediation with CMAP - Paris Centre of Mediation and Arbitration. The Customer can contact CMAP through their website, by mail or email. The request should contain specific details such as the Customer's address, name and address of MACKEENE, a clear statement of facts, and proof of previous steps taken with MACKEENE.
However, according to Regulation No. 1215/2012 of 12 December 2012, the Customer may also choose to bring the dispute before the competent court in their domicile or the French courts, while MACKEENE may bring the matter before the court of the Customer's domicile.