General terms and conditions of sale
These Terms and Conditions of Sale are concluded between :
- Of the first, MDB Texinov, SIREN 723 620 316, the Head Office of which is located at 56, route de Ferrossière 38110 St Didier de la Tour (France), hereinafter referred to as “MDB Texinov”
- Of the second, anyone wishing to make a purchase via the Texinov ®Shop website of MDB Texinov https://www.texinov-protect.fr , here in after referred to as “the Customer .”
These terms and conditions of sale will prevail over any other general or special terms and conditions not expressly agreed by MDB Texinov.
MDB Texinov reserves the right to change its terms of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the purchaser. The general terms and conditions of sale are concluded for the period necessary to supply the items.
The products sold on theTexinov ®Shop website comply with the legislation in force in France. It is the Customer’s sole responsibility to verify that these products may be imported and used in the country of consumption. In the event of a dispute, only French law and language will be applicable.
Texinov® is a registered trademark of MDB Texinov.
1. The order
The information provided by the Customer, when placing an order, commits it: in the event of an error, in particular in the wording of the recipient’s contact details,
MDB Texinov cannot be held responsible for the inability to deliver the product.
The Customer, who wishes to place an order via the Internet, must :
- Create a “customer account” in which it will indicate all the contact information requested,
- Create a “basket” online by selecting the desired products
NB : The contents of the basket are stored for 4 hours. Until the order is confirmed, availability is not guaranteed, as stocks could have fluctuated between the creation of the basket and the order confirmation.
- Accept these general terms and conditions of sale,
- Confirm the order after checking it,
- Make the payment under the conditions provided.
Orders are only final when they have been confirmed by the payment of the amount by the Customer. No modification or termination of the order by the Customer can be taken into account and the amount paid will not be returned. Product offers are valid within the limits of available stock.
The Customer undertakes to pay for all of its purchases in the order in Euros.
The order is taken into account with payment which is deemed to be irrevocable, net cash without discount. Any delay, incident or failure to pay will result in a penalty, late interest equal to one and a half times the legal rate of interest pursuant to Law No. 2001-420 dated 15/05/2001 Article 53 II published in the Official Journal of 16/05/2001.
Important : Before confirming the payment method and continuing the order, the Customer is asked to check carefully all the information he/she has entered in the areas provided for this purpose. An irregular declaration or anomaly may also be the subject of specific treatment. Thus, proof of address and identity may be requested for certain types of order.
France and European Union countries : The items ordered are subject to French VAT (current rate of 20% or 5.5% depending on the articles). The Customer has no tax to pay upon receipt of these articles
To pay for the order, the Customer has two options :
- secure online payment,
- payment by bank transfer to MDB Texinov’s bank account.
Online Payment :
Online credit card payments are made directly between the Customer and the “Société Générale” Bank, with which Texinov®Shop has entered into a TPE (Electronic Payment) agreement. This operation is carried out by secure connection, which makes it possible to encrypt confidential information transiting on the Internet very securely. The customer only provides the bank with its credit card number and the validity limit.
Texinov®Shop has no knowledge of this confidential information and therefore does not hold any file or database containing its customers’ bank card numbers.
Texinov®Shop reserves the right to suspend any order management and delivery in the event of a refusal of credit card payment authorisation on the part of officially accredited organisations, in the event of non-payment and in case of doubt about your payment method.
In this case, the customer will be notified by email and will be asked to pay by bank transfer.
In compliance with the Law dated 13 March 2000 concerning electronic signatures, the online transmission of your card number and the final confirmation of your order are valid for proof of the entire order and the chargeability of the sums due in settlement of this order.
Payment by bank transfer
In order to pay the order by national or international bank transfer, the Customer must make the transfer to the account indicated.
The order will be processed upon receipt of the transfer (examples of bank schedules: 48-72 h)
3. Right of withdrawal
In the context of distance sales (without the simultaneous physical presence of the parties), the consumer has, in accordance with Article L 121-20 of the French Consumer Code, a period of seven (7) clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception of return charges.
The above period runs from receipt of goods or acceptance of the offer for the provision of services.
When the seven-day period expires on a Saturday, Sunday or a public holiday or non-working day, it will be extended until the first next working day.
Specific cases :
Exclusion of the consumer’s right of withdrawal: in accordance with Article L 121-20-2 of the French Consumer Code, the right of withdrawal provided for in the case of distance sales cannot be exercised, unless the parties have otherwise agreed, for contracts for the supply of goods manufactured according to the consumer’s specifications (order according to specific quotations).
The Customer’s attention is therefore drawn to the fact that the right to withdraw is not applicable to sales :
- of protective face masks due to the epidemic risks which a return presents,
- products personalised at its request.
4. Shipping and delivery :
Shipping costs are flat-rate and include participation in preparation, packaging and postage costs. For each separate order, shipping costs will be due.
Without exception, orders are processed within 3 working days of confirmation of their payment, and products shipped within the limits of available stocks. Should it not be possible to deliver an item, the Customer will be contacted by email, in order to notify and offer the Customer either a full refund for the item or the choice of another item at a similar price. Delivery times are provided for information purposes and barring the unforeseen, cases of force majeure or stock shortage.
The package will be transported :
- Mainland France (including departments in Corsica): by carrier or Colissimo – service 48 hours for most localities (except islands, mountain areas)
- Overseas department DOM (Martinique, Guadeloupe, Mayotte, French Guiana, Reunion, St Pierre and Miquelon) : by carrier or Colissimo.
- European Union : by mail as Colissimo Europe for most EU countries or by International Postal Services.
- Other countries: By International Postal Services.
The cost and delivery times vary depending on the distance from the destination country. The average indicative delivery time (from the date of dispatch) varies :
- from two days to four days for France,
- three to seven days for European Union countries,
- from 1 to 2 weeks for Overseas department DOM,
- up to 4 weeks for the most distant countries.
Delivery times are those indicated by the Post Office or carrier. In the event of a delay, MDB Texinov cannot be held liable and no claim for compensation may be made by the customer.
Deliveries are made to the address indicated on the purchase order.
The Customer is responsible for the accuracy of the delivery contact information it has entered on the website. Any costs associated with an error in contact information will be the responsibility of the Customer.
For shipments by carrier: The package will be placed in the letterbox at the address of the recipient or presented at the recipient’s premises. When the package could not be delivered due to the letterbox being too small and/or the recipient’s absence, a second presentation of the parcel may take place the following day, at the carrier’s initiative, or a notice of the parcel being held for collection is left by the carrier in the recipient’s letterbox. The period for holding for collection is 15 consecutive days. This period does not include the day of presentation at the recipient’s premises. After this period, the package is returned to the sender. The risks are borne by the Customer from the time that the products leave the premises of MDB Texinov. In the event of damage during transport, justified protest must be made to the carrier within seven days of delivery.
On delivery of the package, the Customer must unpack the parcel in the presence of the carrier. The Customer must then check the conformity of the delivered order before signing the delivery note.
Delivery is deemed to be made when the product is given to the carrier.
Exceeding delivery deadlines cannot lead to damages.
No guarantee will be granted more than eight days after receipt of the order.
The Customer having been made aware of the essential characteristics of the goods ordered.
Any complaint about apparent defects or non-conformity of the delivered product, in connection with the order, must be stated by registered letter with acknowledgement of receipt within 48 hours of receipt to the following postal address :
MDB Texinov (TexinovShop Boutique)
56, route de Ferrossière
38110 St Didier de la Tour (France)
The equipment, object or product cannot be taken back or exchanged without the express consent of MDB Texinov. Returns may only concern products that have not been altered and arrive in their original packaging. Return transport costs and risks are borne by the Customer.
Any complaint made outside this period may be rejected without the possibility of recourse for the Customer. The absence of any claim or non-issuance of reservations by the Customer means that the delivered items are deemed satisfactory and will not be the subject of any subsequent dispute. Finally, delivery times are for information only. If these are more than thirty days from the order, the sales contract may be terminated and the e-Customer refunded.
6. Dispute resolution
Complaints or disputes will always be received with attention. In the event of a dispute, the customer will first contact the seller to obtain an amicable solution. Disputes will come under the jurisdiction of the Commercial Court of Lyon.