General Terms and Conditions
Terms of Sales
Welcome to the mamed.fr website, we are delighted to welcome you and that you like our products.
Your satisfaction is our priority and we do everything we can to offer you the best customer experience. We ask you to read these general conditions of sale carefully before accepting them.
The General Terms and Conditions are important both for us and for you! The objective of this document is to inform you, prior to your purchase, about our conditions of sale and to answer any questions that you may legitimately ask, such as "can I withdraw", "what are the delivery times », …
WHO ARE WE : MAMED
Head office address: 849 boulevard Armaris les acacias 83000 Toulon.
SIRET: 82036806600024
contact: mamed.officiel@gmail.com
Definitions:
Herein:
- MAMED “we” refers to the professional seller.
- “you”, “the client(s)”, “the consumer(s)” designate the non-professional buyer having the status of consumer
PURPOSE OF THE CGV:
The general conditions of sale govern and apply to all sales of MAMED products made on the site to non-professional buyers who are consumers.
The General Terms and Conditions prevail over all other conditions or any contradictory documents present on the site https://mamed.fr/ or its social networks and/or in physical stores; except special special conditions agreed between the parties.
The T&Cs are permanently accessible on the site https://mamed.fr/ and we make a reference to the T&Cs before placing your order. You can download and/or print them, so that you can keep a copy.
The General Terms and Conditions are subject to change; modifications are not retroactive; only those in force on the date your order is placed apply to you.
The fact of accepting the General Conditions of Sale by checking the box provided for this purpose and validating this choice by clicking on your part constitutes your full and complete acceptance of these General Conditions of Sale.
By placing an order online, you enter into a contract with the seller. Therefore, you must and acknowledge that you are of legal age and have legal capacity.
The nullity of a contractual clause does not result in the nullity of the General Terms and Conditions and the titles are worthless.
WHAT PRODUCTS DO YOU OFFER?
You will find our products offered for sale by MAMED on the site https://mamed.fr/ in the section https://mamed.fr/collections/all
The essential characteristics of the products offered by MAMED are presented on the descriptive sheets of each product. You will find substantial information on the product there, before any purchase.
Photographs accompany the product descriptions, so that you can visualize the product; However, minimal variations in the representation of the products are possible with photographs, which does not engage the responsibility of MAMED .
If questions persist and you need more information, you can contact us via our contact form, we will be happy to answer them!
You have the pre-contractual information, prior to the conclusion of the sales contract, it is your responsibility to consult it before placing any order.
HOW TO PLACE AN ORDER?
The ordering process is carried out in several stages:
- Consultation of the products offered for sale by MAMED on the website Mamed.fr
- Selection of product(s) by the customer
- Visualization by the customer of the details of the order and its total price
- Correction of possible errors by the customer
- Confirmation of the order by the customer, which expresses his acceptance of the order. At this stage, the customer expressly and unreservedly accepts the general conditions of sale.
- Validation and payment of the order by the customer
- Acknowledgment of receipt of the order by MAMED
At this stage, the order cannot be modified, except with the express and exceptional agreement of MAMED; and cannot be canceled outside of the right of withdrawal, the conditions of which are defined below, or in the event of force majeure. Unless proven otherwise, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.
WHAT ARE THE PRICING CONDITIONS?
Any order placed involves payment by the customer, it is an order with payment obligation.
Price
Product prices are displayed on the mamed.fr website; on the product description pages and on the order summary page, before confirming your order.
Prices are expressed in euros (€), all taxes included (TTC), the applicable VAT rate being that in force in France on the date the order is placed.
The price may be modified at any time by MAMED. However, the price that applies to you is that in force displayed on the Mamed.fr website at the time of your order.
You will be able to benefit from discounts (promotion, sale, etc.) which appear on the mamed.fr website under the conditions and during the validity period specified on the Mamed.fr website.
Except special offer, granted by x , delivery and transport costs are not included. They are invoiced additionally and displayed prior to placing the order.
MAMED reserves the right to suspend or cancel the order in the event of non-compliance with the aforementioned payment conditions.
You will receive your invoice at the email address you provided. For customers who created a customer account when ordering, they can find their invoice in their personal space.
Please note, orders shipped outside the European Union and/or DOM-TOM are subject to customs formalities.
Payment of customs duties and other possible import taxes are the responsibility of the buyer and at his expense.
Payment
Payment occurs immediately after order confirmation.
Payment is due in full and payable in cash using the following payment methods:
- Bank card via secure payment infrastructure
WHAT ARE THE DELIVERY CONDITIONS ?
Delivery
Delivery means the transfer to the consumer of physical possession or control of the good.
We offer our products for sale internationally / France / Europe
MAMED will deliver the products according to the terms defined when ordering (price and carrier), to the address you provided when placing your order and within the time frame provided when ordering.
You must be vigilant and check the address provided before validating your order, because you will be held solely responsible for the consequences resulting from the entry error on your part and the related costs, in particular the reshipping costs which will be your responsibility. exclusive.
Please note that the consumer has 8 days to collect their order. Beyond this deadline, the package will be returned to MAMED and you will be asked to pay additional costs if you want MAMED to send it back to you. We do not make any refunds except in cases of force majeure (justification for your non-travel).
Deadline
MAMED will make its best efforts to ensure that your order is shipped within the time frame indicated when ordering.
Delivery times start from dispatch. This deadline does not take into account the order preparation time.
You may request in writing the cancellation of the sale (under the conditions provided for in articles L 216-2 et seq. of the Consumer Code), only if the delivery delay exceeds 30 days from the date of the order. It will then return to x to return the sums paid to you no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
The sale will not be canceled if the delay or lack of delivery occurs due to the consumer or a case of force majeure.
Price
The delivery price varies depending on the carrier chosen and depending on the weight and size of the package.
In any case, the delivery time and price will be communicated to you before validation of your order.
I HAVE A PROBLEM WITH MY ORDER:
Why is my order canceled?
We may cancel your order for any legitimate reason, in particular if there is a prior dispute.
The order may also be refused in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.
We may cancel your order if the product is unavailable.
Availability :
Our products are offered as long as they are visible on the MAMED.FR website and while stocks last. If a product is unavailable after placing your order, we will inform you by email.
Your order will be automatically canceled and if the bank debit has already been made, you will be refunded within 14 days.
MAMED is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
My package is damaged, what should I do?
Ownership of the products is transferred to you upon acceptance of the order by MAMED and payment of the order.
The transfer of risks of loss and deterioration of the products occurs from the actual delivery of the order.
During delivery, you must ensure the conformity of the package and the non-deterioration of the latter, in the event that you notice any deterioration of your package upon receipt, please refuse the package, in addition, you must follow the following procedure:
- Explicitly indicate your reservations on the delivery note or on the package if applicable (e.g. package torn at the top, 5 cm hole / wet package, open package, etc.). Please note, simply checking the “with reservation” box has no legal value. You must enter your reservations exactly, it is advisable to take photos of the package as proof. In the event that the delivery person/carrier does not give you time to check the condition of the package, please add this mention to your reservations.
- Send the carrier, within three working days of delivery, a registered letter with acknowledgment of receipt, to inform them of the apparent damage you have observed and confirm your reservations. Please note that if the delivery person/carrier does not let you check the condition of the package, this deadline is extended to 10 days. The same procedure must be followed if the damage (damage, theft) was only discovered when the package was opened, even if the exterior of the package (the packaging) is not damaged.
At the same time, please contact MAMED immediately to report the problem to us. To process your request more quickly, please provide us with the following photos: order number, delivery note + photo of the products.
In the event that you choose to be delivered by a carrier other than the one chosen and offered by MAMED, the transfer of risks occurs as soon as the products are handed over to the carrier, consequently, MAMED declines all responsibility and any loss or deterioration of the products will be at your expense.
My package seems lost, what should I do?
In the event of a lost package, please contact MAMED immediately.
I received a product different from the one ordered, what should I do?
In the event of an error on the part of MAMED during the preparation of your package, you must inform MAMED via the contact form within 2 days of receipt of your order. MAMED will ask you to send it your order number by email and to provide it with the following photos: delivery note + photo of the products. If an error is noted, MAMED will send you a return slip by email so that you can return the item received in error. Upon receipt of the returned product, MAMED will send a new product corresponding to your order free of charge (provided that the return conditions provided for in the “withdrawal” article herein are respected)
I received a product with a defect, what should I do?
From delivery, you have three working days to send your complaint in writing (by post or email).
You must attach to your request all supporting documents and in particular photos proving the subject of your complaint. If the complaint is not made within these deadlines and conditions, it will be refused by MAMED and the products will be deemed to be compliant and free from any apparent defect.
You will be able to claim a refund or replacement of the product which will be the responsibility of MAMED, for any product delivered, whose lack of conformity or apparent or hidden defects have been duly proven by the consumer, under the conditions provided for in articles L 217- 4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
CAN I WITHDRAW?
You have the right to go back!
Yes, but there are conditions to respect if you wish to withdraw:
From the day of receipt of your order, you have a period of 14 clear days to express to MAMED your desire to withdraw, without having to justify your decision or to bear any costs other than those necessary for the return of your order. your order.
To do this, you can use the withdrawal form which you will find in the appendix at the bottom of the page of these General Terms and Conditions.
You can also express your desire to withdraw, on plain paper, without ambiguity, by post or email, specifying:
- Your order number
- The reference of the article subject to withdrawal
- Your first and last name
- Your address
- Your phone number
- Your email address
In the event of a dispute, it is your responsibility to prove that you have respected the aforementioned withdrawal period.
Exception to the right of withdrawal
- For products subject to personalization
The right of withdrawal is excluded for orders for products subject to personalization.
In the event of a specific request from the customer (custom-made / retouching etc.), the right of withdrawal is also excluded.
- Concerning cosmetic products:
Please note, if the customer unseals the product (breakage of the tamper-evident ring, removal of the plastic clip, protective film, etc.) he will not be able to retract it.
The right of withdrawal is in fact conditional on compliance with the requirements ordered by Article L 221-28 of the Consumer Code which provides in particular that “the right of withdrawal cannot be exercised for contracts:
1° The provision of services fully executed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the execution of which began with his prior and express agreement and with his acknowledgment of the loss of his right of withdrawal, when the service has been fully performed by the professional;
2° The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3° Supply of goods made according to the consumer's specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire quickly;
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° Supply of goods which, after having been delivered and by their nature, are mixed inseparably with other articles;
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
13° Supply of digital content without material support whose execution began before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, when: a) He has previously given his express consent so that the execution of the contract begins before the expiration of the withdrawal period; and b) He has acknowledged that he will lose his right of withdrawal; and c) The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L.221-13.
HOW TO MAKE A RETURN?
(For products not excluded from the right of withdrawal)
The return must respect the following conditions:
- The products must be returned to MAMED no later than 14 days after having informed MAMED of your desire to withdraw.
- The products must be returned in their original condition and complete (without prejudice to the possibility of unpacking and testing the product) allowing them to be put back on the market in new condition.
- Products must not be damaged or incomplete.
- Products should not have body odor, perfume odor or laundry odor.
- The package must be returned to the following address: 849 boulevard Armaris les acacias 83000 Toulon.
- The package must be returned by post by colissimo* to the above address.
Buying online unfortunately does not allow you to inspect the product as if you were in store. However, the possibility of withdrawing (according to the conditions stated) allows you to try the product as you would in store. It is important to note that if MAMED notices traces of use which go beyond this framework and in general, a depreciation of the product, MAMED may apply a discount and you will only be refunded the amount of your order, less the discount.
When the conditions set out herein are met, MAMED will reimburse you within a maximum period of 14 days after you have informed it of your desire to withdraw. However, MAMED reserves the right to defer reimbursement until receipt of the items concerned by the withdrawal.
MAMED will make the refund using the same payment method used for the initial purchase. You will be fully refunded, excluding delivery costs.
Furthermore, the costs and risks associated with the return are your responsibility. *To ensure efficient management of your return, we recommend that you use the Colissimo tracked service for shipping and keep all proof of shipment, including shipping receipts and the package tracking number. This will allow you to locate the package in the event of a problem.
Please note that only shippers (i.e. you as the customer) are authorized to initiate an investigation with the postal service in the event of a delivery problem. It is important to emphasize that MAMED cannot be held responsible in the event of loss or damage during the return process.
In the event of a dispute or request for a refund, it is your responsibility to provide proof that you have respected the aforementioned withdrawal period. We thank you for your understanding and cooperation.
HOW TO CONTACT YOU?
For all requests for information or complaints, whether before your purchase or after, you can contact customer service by email: Mamed.officiel@gmail.com
To ensure effective follow-up and keep track of our exchanges, we ask you to favor exchanges by email.
CLIENT REFERENCE :
Your feedback, messages and photos are welcome! They are essential to help MAMED continually improve and offer you a quality customer experience.
You hereby authorize MAMED to make them public on its website mamed.fr and/or social networks Instagram, TikTok, Snapchat…
Unless expressly prohibited by the client, MAMED is authorized to mention the client's first name and/or username (social networks) in its reference lists.
When the customer sends MAMED a message, comment and/or opinion relating to his order, he authorizes MAMED to use these testimonials for promotional and advertising purposes in particular. The client authorizes MAMED to adapt the form of these testimonials or to make modifications to them.
This operating authorization is granted free of charge and without compensation.
LEGAL PROVISIONS
Opposition to cold calling
You can, as a consumer customer, register for free on the telephone canvassing opposition list on the site www.bloctel.gouv.fr , if you do not wish to be the subject of telephone commercial prospecting.
Compliance and legal guarantee
The Customer benefits from the legal guarantee of conformity (articles L. 217-3 to L. 217-20 of the Consumer Code) and the legal guarantee relating to defects in the item sold (articles 1641 to 1648 and 2232 of the Civil Code ).
“When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
“The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the property.
“The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
“If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
“If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
“The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if:
“1° The professional refuses to repair or replace the goods;
“2° The repair or replacement of the goods takes place after a period of thirty days;
“3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or replacement;
“4° The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
“The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand.
“The consumer does not have the right to cancel the sale if the lack of conformity is minor.
“Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good.
“The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
“The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 241-5 of the Consumer Code ).
“The consumer also benefits from the legal guarantee against hidden defects in application of the articles 1641 to 1649 of the civil code , for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item. »
Personal data
When you place an order, MAMED collects personal data necessary for the conclusion of the contract, in order to guarantee its execution, to manage administrative aspects and to issue invoices.
This data includes your first name, last name, postal address, email address and telephone number.
MAMED guarantees that this data collection is carried out in full compliance with the laws in force (law 78-17 of January 6, 1978 amended by law no. 2018-493 of June 20, 2018) and is based on the following legal basis: execution of the contract.
MAMED undertakes to use your data only for the purposes specified, unless the law requires sharing it with a competent judicial or administrative authority.
Your data is processed internally and MAMED may communicate this data to its possible subcontractors responsible in particular for the execution, processing, management and payment of orders.
Your data will be kept for the duration of the contract or up to 3 years after our last contact with you. Then, they will be archived in accordance with legal requirements, i.e. 5 years.
We take security measures to protect your personal data from alteration, damage or unauthorized access by third parties.
You have the right to control the use that is made of your data, you can request access to the data concerning you, have it rectified, or object to being included in a file. You have a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning you. You can also object to the collection and/or use of your data as long as it is not essential for the proper execution of the contract.
To exercise this right, you must make your request by sending an email to the address: Mamed.officiel@gmail.com
If you notice that a violation of the general regulations on the protection of personal data has been committed, you have the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to to obtain compensation before a civil or administrative court. You have the possibility of submitting a complaint to the National Commission for Information Technology and Liberties.
More detailed information on personal data is available in the privacy policy.
Intellectual property
The products for sale on the website https:/mamed.fr are the property of MAMED and are protected by intellectual property law.
All elements constituting the website https://mamed.fr are the property of MAMED and are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting. The images, logo, brand, texts, photographs as well as any other element of the website, including these T&Cs, are protected by copyright, you expose yourself to legal proceedings in the event of plagiarized, copied or stolen content. etc.
APPLICABLE RIGHT :
These general conditions of sale as well as all purchase and sale operations mentioned, are governed by French law.
These General Terms and Conditions are written in French. If they are translated into another language, only the French version will be authentic in the event of a dispute.
We inform you that in the event of a dispute arising after your purchase on the site x, you have several options for recourse, amicable or legal:
For an extra-judicial appeal:
You are first invited to contact the seller's customer service in order to find an amicable agreement.
In the event that we are unable to find an arrangement, you have the option of resorting to conventional mediation or using any alternative dispute resolution method.
In this regard, you can use the mediation service free of charge from the mediation body whose references follow: CNPM
once you join the mediation system, reproduce here the text that they will ask you to insert in your documents
To be admissible, your referral to the mediator must take place within one year of a written complaint that you have sent to us, which remains unsuccessful.
As a consumer, you can contact the Online Dispute Resolution Platform (RLL) accessible at the following address:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
You can also contact a consumer association who will help you with your efforts or alert the DGCCRF.
When no amicable solution can be obtained, you can take legal action and the dispute will be submitted to the competent courts under the conditions of common law.
For legal recourse:
You can take legal action at your own expense. The dispute will be submitted to the competent courts under the conditions of common law.