TERMS AND CONDITIONS OF SALE MAC ALYSTER (SYDIF)
These general sales conditions (hereinafter the “General Conditions”) apply to any purchase made by you as an individual (hereinafter the “Customer”) on the website www.macalyster.com (hereinafter the “Site”) from SYDIF SARL, a simplified joint stock company with a capital of 10,000 euros, registered with the Versailles Trade and Companies Register under number 750 675 852 RCS, with its registered office at 15B Rue d’Artois – 78500 Sartrouville.
These General Terms and Conditions govern the sale by MAC ALYSTER to its customers of MAC ALYSTER products available on the Site (hereinafter the “Products”), which the customer orders on said Site, pays for and which are delivered to him/her. All Products are displayed on the Site. MAC ALYSTER does not sell products that do not appear on the Site and does not distribute paper catalogs.
The Customer is clearly informed and acknowledges that the Site is intended for consumers and that professionals must contact the MAC ALYSTER sales department to benefit from separate contractual conditions.
2. ACCEPTANCE OF TERMS AND CONDITIONS
The Client shall carefully read and accept the General Conditions before proceeding to the payment of an order for Products placed on the Site. The General Conditions are referenced at the bottom of each page through a link and must be consulted before clicking on the first “Order” button to place the order. The Client is invited to read carefully, download, print the General Conditions and keep a copy.
MAC ALYSTER advises the Client to read the General Conditions for each new order, as the latest version of said Conditions applies to any new order of Products.
By clicking on the first “Order” button to place the order and then on the second button to confirm the order, the Client acknowledges having read, understood and accepted the General Conditions without limitation or condition.
3. OPENING AN ACCOUNT – PURCHASE OF PRODUCTS ON THE SITE
To purchase a Product, the Client must be at least 18 years of age and have legal capacity. The Client will be asked to provide all of their contact information so that the Client’s order can be processed by MAC ALYSTER.
During registration, the Client may agree to receive promotions from MAC ALYSTER by checking the box provided for this purpose.
Once registered, the Client can track their order for free at any time by consulting their account on the Site. The Client can thus check the status of their order and see if their order has been shipped and delivered. Delivery tracking is done using the carrier’s online tracking tool.
Clients can also contact MAC ALYSTER’s sales department at any time by email at firstname.lastname@example.org to obtain information on the status of their order. The information provided by the Client to MAC ALYSTER at the time of opening a customer account or when placing an order must be complete, accurate and up-to-date. MAC ALYSTER reserves the right to ask the Client to confirm, by any appropriate means, their identity, eligibility and the information provided.
4.1. PRODUCTS FEATURES
MAC ALYSTER strives to present the main characteristics of Mac Alyster Products as clearly as possible on the information sheets available on the Site. Therefore, the Client agrees to read them carefully before placing an order on the Site.
MAC ALYSTER reserves the right to modify the selection of Products available on the Site, particularly in light of the constraints related to its suppliers.
Photographs are presented for informational purposes only and have no contractual value.
Unless expressly stated otherwise on the Site, all Products sold by MAC ALYSTER are new and comply with the European legislation in force and the applicable standards in France.
4.2. ORDER PROCESS
Product ordering is done directly on the Site. To place an order, the Client must follow the steps described below (please note that depending on the Client’s starting page, the steps may slightly differ)
4.2.1. Product selection and purchasing options
The Client must select the Product(s) of their choice by clicking on the relevant Product(s) and choosing the desired color and quantity. A description of the Product (including its main characteristics, etc.) will be provided on the Site.
Once the Product is selected, it is placed in the Client’s cart. The Client can add as many Products as they wish to their cart.
Once the Products have been selected and placed in the shopping cart, the Client must click on the cart and verify that the content of his/her order is correct.
Once the Client has validated the content of the cart and has identified/registered, an online form, automatically completed and summarizing the price, the discount granted, applicable taxes and delivery fees, if any, will be displayed to the attention of the Client.
The Client is invited to verify the content of his/her order (including the quantity and references of the Products ordered, the billing address, the means of payment and the price) before clicking on the first “Validate my order” button.
The Client can then proceed to payment of the Products by following the instructions on the Site in order to make a secure payment and provide all necessary information for billing and delivery of the Products.
Regarding the Products for which options are available, these specific references appear when the correct options have been selected.
The orders placed must include all information necessary for the proper processing of the order.
The Client must also indicate the chosen delivery method by selecting it in the “Delivery” section of the Site.
4.2.3. Confirmation of receipt
Once all the steps described above have been completed, a page will appear on the Site to acknowledge receipt of the Client’s order. A copy of the order acknowledgement will be automatically sent to the Client by email, provided that the email address provided through the registration form is correct. MAC ALYSTER will not send any order confirmation by postal mail or fax.
During the ordering process, the Client must enter the information necessary for invoicing (the (*) sign will indicate the mandatory fields that must be filled in for the Client’s order to be processed by MAC ALYSTER). The Client must in particular clearly indicate all information relating to the delivery, in particular the exact delivery address, as well as any access code to the delivery address.
The Client must then specify the chosen method of payment and provide their bank details before clicking on the “Continue” button. Neither the online order form established by the Client nor the order confirmation sent by MAC ALYSTER to the Client by email constitutes an invoice. Regardless of the mode of order or payment used, the Client will receive the original invoice upon delivery of the Products, inside the package.
MAC ALYSTER will keep an electronic copy of each invoice.
4.3. DATE OF THE ORDER
The date of the order is the date on which MAC ALYSTER acknowledges receipt of the order online. The deadlines indicated on the Site only begin to run from this date.
For all Products, the Client will find prices displayed in euros, including all taxes, as well as applicable delivery fees (depending on the weight of the package, excluding packaging and gifts, the delivery address and the chosen carrier or mode of transport). Prices include, in particular, the value-added tax (VAT) at the rate in effect on the date of the order. Any modification of the applicable rate may impact the price of the Products as of the effective date of the new rate. The applicable VAT rate is expressed as a percentage of the value of the Product sold.
The prices indicated are valid, except in cases of gross error. The applicable price is the one indicated on the Site on the date the order is placed by the Client.
4.5. AVAILABILITY OF PRODUCTS
Depending on the product, MAC ALYSTER operates a “just-in-time” inventory management system. Therefore, the availability of products depends on MAC ALYSTER’s stock levels.
MAC ALYSTER undertakes to fulfill orders received provided that the products are in stock at MAC ALYSTER.
The unavailability of a product is usually indicated on the product page. If unavailability has not been indicated at the time of the order, MAC ALYSTER undertakes to inform the Customer promptly if the product is unavailable.
5. RIGHT OF WITHDRAWAL
In accordance with legal obligations, the Client has a period of fourteen (14) clear days from the date of delivery of the Products to exercise their right of withdrawal without having to justify reasons or pay penalties, except for the return costs. This right of withdrawal can be exercised for one (1) or several Products, provided that the returned Products have not been damaged, worn and are returned in their original packaging, complete and in the same condition as when they were delivered.
When the withdrawal period expires on a Saturday, Sunday or public holiday, it is extended until the next business day. The Client will be refunded as soon as possible and no later than thirty (30) days following the date on which they exercised their right. This refund will be made using the same payment method used by the Client to purchase the Products (bank transfer or PayPal) and will correspond to the total amount paid for the returned Products, including taxes and delivery costs, except for the return costs of the Products concerned, which will remain the responsibility of the Client. If the returned Product is an alternative Product, the return costs of the Product in question will be borne by MAC ALYSTER.
6.1. METHODS OF PAYMENT
Clients can pay for their products online on the Site using the following methods :
by credit card or via Apple Pay.
When selecting the payment method, the Client will be prompted to enter their bank details (cardholder name, card number, expiration date, and, depending on the type of card, the security code – a 3-digit number on the back of the card); this will be done securely.
By providing their credit card number, the Client authorizes the Site’s bank to debit the total amount of the order (including taxes and shipping costs, if any).
MAC ALYSTER will take all necessary measures to ensure the security and confidentiality of the data transmitted online in the context of online payment on the Site.
6.2. PAYMENT DATE
If the Client chooses to pay for their Products with a credit card or through Apple Pay, their account will be charged immediately upon placing the order on the Site.
In the case of partial delivery, the total amount will be charged to the Client’s account as soon as the first package is shipped. If the Client decides to cancel their order of unavailable Products, the refund will be made in accordance with the last paragraph of Article 4.5 of these General Terms and Conditions.
6.3. DELAY OR REFUSAL OF PAYMENT
If the bank refuses to debit a card or other means of payment, the Client must contact the Customer Service to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the money flow due by the Client proves to be impossible, the order will be canceled and the sale automatically terminated.
7. PROOF AND ARCHIVING
The Client acknowledges that the ordering process and these General Terms and Conditions are concluded online and constitute an “electronic contract” between the Client and MAC ALYSTER.
MAC ALYSTER agrees to archive this information in order to track transactions and produce a copy of the contract at the request of the Client.
Therefore, the Client undertakes, in accordance with the principles governing electronic contracts under the law, not to challenge the contract solely because it has been electronically archived by MAC ALYSTER. In the event of a dispute, MAC ALYSTER will have the opportunity to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
8. TRANSFER OF OWNERSHIP
MAC ALYSTER remains the owner of the Products delivered until their full payment by the Client. The above provisions do not preclude the transfer to the Client, at the time of delivery, of the risks of loss or damage to the Products subject to the retention of title, as well as the risks of damage they may cause.
9.1. SHIPPING, DELIVERY TIMES AND CARRIERS
The items offered for sale are only delivered in mainland France, Belgium, Luxembourg, Great Britain, Finland, Denmark, Sweden, Austria, Germany, Italy, Portugal, Spain, Netherlands, and Ireland.
Every morning, from Monday to Friday, a statement of online orders placed on the website is established. MAC ALYSTER will process and dispatch on the same day all orders placed before noon (12 pm). After this deadline, orders will be prepared and handed over to the carrier chosen by the customer the next day.
MAC ALYSTER informs its customers that these deadlines do not include weekends or public holidays.
An email will be automatically sent to the customer at the time of shipment of the products, provided that the email address provided in the registration form is correct.
MAC ALYSTER offers :
Colissimo (France Metropolitaine) :
Home delivery with signature within 48 to 72 hours. During special events, this delay may be extended by 48 hours.
Delivery to a “Point relais” in 3,700 nearby shops throughout France within 48 hours. During special events, this delay may be extended by 48 hours.
The average delivery time is 2 to 3 working days from dispatch, in France Métropolitaine, from the time your parcel is picked up by the carrier’s network.
Free for any order over or equal to 49 euros.
SoColissimo (Germany, Austria, Belgium, Denmark, Spain, Finland, Great Britain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Sweden, Norway) :
The package will be delivered to you upon your signature and presentation of an identification document.
Your package can be delivered to you within 3 to 4 days from the time it is taken over by Colissimo.
9.2. DELAYED DELIVERY
In case of a delivery delay of more than seven (7) days, excluding force majeure cases, the Customer has the right to cancel the sale and terminate the contract concluded with MAC ALYSTER by sending a registered letter with acknowledgment of receipt to the MAC ALYSTER Customer Service at the following postal address : 24 Boulevard des Martyrs de Chateaubriand 95100 Argenteuil, France.
The contract will be considered terminated upon receipt by MAC ALYSTER of the letter sent by the Customer, provided that the Products have not been delivered by MAC ALYSTER before receipt of said letter. The Customer must exercise their right within thirty (30) business days from the delivery date indicated to them when the order is placed on the Site.
MAC ALYSTER will reimburse the Customer the total amount paid for the returned Products, including taxes and delivery charges, using the same payment method used by the Customer to purchase the Products (bank transfer or ApplePay), at the latest within fourteen (14) days from the date of receipt by MAC ALYSTER of the termination letter.
The products will be packaged in accordance with current transport standards to ensure maximum protection during delivery. Customers must comply with the same standards when returning products.
MAC ALYSTER reserves the right to refuse a product that is not returned in its original condition.
11.1. CONTRACTUAL GUARANTEE
MAC ALYSTER warrants that, in case of purchase on the Site directly from MAC ALYSTER, the Product will be free from defects in manufacturing or materials under normal use for a period of 1 year from the date of initial purchase on the Site. This limited warranty extends only to the original purchaser, is not transferable, excludes all accessories, and is valid only in the country of original purchase.
This limited warranty covers only defects in manufacturing and materials under ordinary consumer use and does not apply in case of damage to the Product resulting from degradation, tearing, accident, misuse, abuse, neglect, damage caused by sand or liquids, impact, or poor storage conditions.
The Client must first contact MAC ALYSTER by email at email@example.com indicating the invoice number and their contact details. MAC ALYSTER will contact the Client, who will then need to return the defective Product in its original packaging with all original documents at their own expense. MAC ALYSTER will inspect the Product.
If, after inspection by MAC ALYSTER and provided that the defect occurred under normal use within one year from the date of initial purchase, the Product is found to be defective, MAC ALYSTER will repair the Product or replace any defective product or component with a new or repaired product or component.
The exchanged Product is covered by this warranty for the remaining period of the warranty period of the original Product.
11.2. WARRANTY OF CONFORMITY
In accordance with applicable legal provisions, the above-mentioned contractual warranty does not deprive the Client of the legal warranty provided for by the Consumer Code and the Civil Code, as described below.
The seller is required to deliver a Product that conforms to the contract and is responsible for conformity defects existing at the time of delivery. The seller is also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when the latter was made its responsibility under the contract.
To be in conformity with the contract, the Product must be suitable for the expected use of a similar good, correspond to the written description given by MAC ALYSTER on the Site, and have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including in advertisements and labeling.
Photographs are presented for information purposes only and have no contractual value.
In the event of non-conformity, the Client may request the replacement or repair of the Product, at their choice. However, if the cost of the Client’s choice is manifestly disproportionate to the other possible option, given the value of the Product or the importance of the defect, MAC ALYSTER may proceed with a refund, without following the option chosen by the Client.
11.3. WARRANTY FOR HIDDEN DEFECTS
MAC ALYSTER is responsible for the warranty for hidden defects of the Product sold which make it unfit for the use for which it is intended, or which so diminish that use that the Customer would not have acquired it, or would have given a lesser price if he had known them.
This warranty allows the Customer, who can prove the existence of a hidden defect, to choose between a refund of the price of the Product if it is returned, or a refund of part of its price if the Product is not returned.
The action resulting from hidden defects must be brought by the Customer within a period of 2 years from the discovery of the defect.
MAC ALYSTER shall be liable for direct damages caused to the Client in relation to the ordering or purchasing of Products on the Site.
MAC ALYSTER does not control websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for informational purposes only and no warranty is provided as to their content.
13. PERSONAL DATA
MAC ALYSTER collects personal data concerning its Clients on the Site, including through cookies. Clients can disable cookies by following the instructions provided by their browser.
The data collected by MAC ALYSTER is used to process orders placed on the Site, manage the Client’s account, analyze orders, and fight against credit card fraud, and, if the Client has chosen this option, to send them commercial prospecting messages, newsletters, promotional offers, and/or information about special sales, unless the Client no longer wishes to receive such communications from MAC ALYSTER. Clients can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to MAC ALYSTER’s service providers involved in the ordering process, the Customer Service, and the management of MAC ALYSTER.
Clients are also informed that, as part of the fight against fraud on the Internet, verification will be carried out by banks and credit card organizations, and S.C.A. is responsible for the storage and automated processing of information for all orders, including bank details, in a secure environment.
The Client has the right to access, rectify, oppose (for legitimate reasons), and delete their personal data. They can exercise this right by sending an email to the following address: firstname.lastname@example.org.
14. INTELLECTUAL PROPERTY
All visual and sound elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of MAC ALYSTER.
Any person who publishes a website and wishes to create a direct hypertext link to the Site must request permission from MAC ALYSTER in writing. This authorization from MAC ALYSTER will not be granted under any circumstances on a definitive basis. This link must be removed at the request of MAC ALYSTER. Hypertext links to the Site that use techniques such as framing or in-line linking are strictly prohibited.
15. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
Any modification to the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions, shall not affect the validity of these General Terms and Conditions. Such modification or decision shall in no case authorize the Customers to disregard these General Terms and Conditions. Any conditions not expressly addressed in these General Terms and Conditions shall be governed in accordance with the customary practice of consumer commerce for companies headquartered in France.
16. MODIFICATION OF THE GENERAL CONDITIONS
These General Terms and Conditions apply to all online purchases made on the Site as long as the Site is available online. The General Terms and Conditions are precisely dated and may be modified and updated by MAC ALYSTER at any time. The applicable General Terms and Conditions are those in effect at the time of the order. Any changes made to the General Terms and Conditions shall not apply to Products already purchased.
17. ATTRIBUTION DE COMPÉTENCE ET DROIT APPLICABLE
These General Terms and Conditions, as well as the relationship between the Customer and MAC ALYSTER, shall be governed by French law. Any dispute may be submitted to the jurisdiction of the courts of the Customer’s place of residence or, if the Customer brings an action against MAC ALYSTER, at the Customer’s choice, either before the courts of the Customer’s place of residence or before the courts of the main establishment of MAC ALYSTER.V.