It is specified beforehand that the present conditions govern sales by Mada Spicy. These conditions apply to the exclusion of all other conditions. This translation is provided only for the purpose of facilitating the understanding of the document but has no legal value.
1. Acceptance of conditions
Unless otherwise agreed and evidenced in writing, all sales are made under the terms and conditions set forth below. By placing an order, the buyer accepts these General Conditions of Sale which prevail over all other General Conditions, including that of the other party.
These general conditions of sale govern the contractual relationship between Mada Spicy and her client, both parties accepting them without reservation. These general conditions of sale will prevail over any other conditions contained in any other document, except prior, express and written derogation.
The products are sold new. The descriptive texts are subject to typographical errors. The photographs illustrating the products do not enter the contractual field. If errors have occurred, Mada Spicy will not be held liable under any circumstances. The contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the latest at the time of delivery.
The majority of Mada Spicy's products are available in our warehouse.
The price is expressed in euros. The one indicated on the product cards of the website does not include transport. The price indicated in the order confirmation is the final price.
The company Mada Spicy reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the tariffs in force at the moment of the registration of the order.
The Client must follow a series of steps specific to each Product offered by the Seller to be able to carry out his order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if any of its options and indication of the essential data of the Customer (identification, address ...); ➢ Acceptance of these General Conditions of Sale. ➢ Check the elements of the order and, if necessary, correct the errors. ➢ Follow-up instructions for payment, and payment of products. Automatic registration systems are considered to be proof of the nature, content and date of the order. Mada Spicy confirms the acceptance of its order to the customer at the e-mail address that it will have communicated. The sale will only be concluded after confirmation of the order.
Mada Spicy confirms the acceptance of its order to the customer at the e-mail address that the latter reserves the right to cancel or refuse any order from a customer with whom there would be a dispute relating to the payment of an earlier order . The information stated by the purchaser, when taking an order, commits the customer: in case of error in the recipient's address details, the seller can not be held responsible for the impossibility of delivering the product.
Mada Spicy confirms the acceptance of its order to the customer at the e-mail address that the latter reserves the right to cancel or refuse any order from a customer with whom there would be a dispute. Our invoices are payable at maturity. The protests of our invoices must reach us by registered letter within eight days from the date of the invoice.
• By credit card :
The payment is made by credit card bearing the abbreviation CB. The order validated by the customer will be considered effective only when the banks of payment bank concerned have given their agreement. In case of refusal of the centers, the order will be automatically canceled and the customer notified by e-mail.
• By bank transfer or SWIFT:
Your order will be processed upon receipt on our bank account.
Recipient: Vaillard Bruno
Store code: 16906
Counter code: 00250
Account number: 51018599967
IBAN = FR76 1690 6002 5051 0185 9996 730
Swift code BIC = AGRIFRPP869
After confirmation of order, Mada Spicy confirms the acceptance of its order to the customer at the e-mail address that the latter will undertake to do everything possible to deliver the order in the shortest time. Delivery will be made by La Poste or by another carrier. Delivery is made by direct delivery of the product to the advertised recipient, or in case of absence to another person authorized by the customer.
For reasons of availability, an order can be delivered to the customer several times. The customer only pays for one delivery. If the customer wants 2 delivery locations, he places 2 orders, with related delivery costs.
Delivery times depend on our stocks and suppliers. Deliveries are made based on availability. The deadlines are given as an indication and as accurately as possible. Exceeding deadlines can not give rise to damages, withholding or cancellation of orders in progress. Mada Spicy can not be held responsible for the non-delivery of a product in case of disruption, total or partial strike of postal services and means of transport and / or communication, war, riot, accident , Flood, fire, natural disaster or any other case of force majeure, as well as the impossibility of being supplied.
Shipments in "priority letter"or "priority parcel":
Mada Spicy informs you that for the sending by priority letter or parcel we release all responsibility for the loss of the letter/parcel or the deterioration of the letter/parcel by the post. This shipping form does not include any warranty for your package and no follow-up.
The goods always travel at the risks and perils of the recipient. In all cases, the risk of loss or deterioration of the goods is transferred to the buyer from the delivery of the goods to the carrier, even in case the carrier has been paid or re-invoiced by us. Any additional movement imposed by the absence of the buyer during a first presentation at the address and the date of delivery indicated by the buyer, will be invoiced in surplus and payable by the buyer.
Always check your package on arrival: we recommend that you check the packages carefully and check the contents in the presence of the delivery person before signing the delivery note. If you notice a discrepancy, fill in the delivery slip by writing your reservations in a precise and detailed manner.
If the product (s) appear to be damaged, refuse the parcel, indicating on the slip of the postman or deliveryman the exact reason for the refusal (damaged parcel for example). If not, give details on the delivery note and accept the parcel: if the product (s) are still damaged, you have 48 hours to confirm the claim. Mada Spicy undertakes to take the necessary steps with La Poste or the carrier and to send you a new product free of charge in the event of a loss due to delivery. Any complaint made afterwards will be systematically rejected and we will be unable to exchange or refund the product.
In the event of non-receipt of a package within the stated timeframe, a survey is carried out with the carrier and may take several days (eg 21 days at the post office). During this period, no refund or return can be made.
Proof of the claims rests with the buyer. Claims do not suspend payment of amounts due. It will be up to the buyer to provide any justification as to the reality of the defects or anomalies.
Packagings are not taken back by the carrier.
• Ownership of products:
The goods remain the property of Mada Spicy until full payment of their price (Law 12.05.80): it is expressly agreed that the seller retains full and exclusive ownership of the merchandise sold until full payment of its price.
For deliveries outside metropolitan France, the customer agrees to pay all taxes due to the importation of products, customs duty, value added tax, and all other taxes due under the laws of the receiving country of the order. We advise you to learn about these aspects from your local authorities.
7. Retraction / Returns
Pursuant to article L121-20 of the Consumer Code, the customer has a period of 14 clear days from the delivery of his order to return the products to Mada Spicy for exchange or refund of the sums paid by The customer, without charge, with the exception of costs of return to the charge of the customer. The refund will be made as soon as possible and at the latest within 30 days of the date of withdrawal.
In case of exchange or refund, return the new item (s) in their original packing (s), intact, accompanied by any accessories The address:
Mada Spicy "Bruno Vaillard" 5, Route of Plaisance - Castelnau Riviere Basse - 65700 France
Can not be returned any open product from its hermetic packaging (stopper, cellophane, ...), used, deteriorated or incomplete. Any product that has been damaged, or whose original packaging has been damaged under conditions exceeding its simple opening will not be taken back or refunded.
This right of withdrawal only applies to distance selling by order placed via the website.
8. Guarantee and Liability
The products offered comply with the French legislation in force. Mada Spicy can not be held responsible for non-compliance with the laws and regulations in force in the country of reception: it is your responsibility to check with the local authorities the possibilities of importing or using the products or services you Consider ordering.
In case of return of the goods, the shipping and packing costs are borne by the sender.
In any event, the customer benefits from the legal guarantee of eviction and hidden defects (Art. 1625 et seq. Of the Civil Code). Provided that the purchaser proves the hidden defect, the seller must legally repair all the consequences (art. 1641 et seq. Of the Civil Code). If the buyer applies to the courts, he must do so within a "short time" from the discovery of the hidden defect (art. 1648 of the Civil Code).
We can not be held responsible for any breach of our obligations under these general conditions of sale due to facts beyond our control and / or resulting from a case of force majeure recognized as such by the French Courts .
Refunds are made by check (in the name shown on the invoice) or the amount to be refunded can be an asset or an exchange with an equivalent product with our agreement. Contact us for terms and conditions.
This contract is subject to French law. Mada Spicy can not be held liable for damages of any kind, whether material or immaterial or corporeal, which could result from a malfunction or misuse of the products marketed. The same applies to any changes in products resulting from suppliers. In any case, the responsibility of Mada Spicy will be limited to the amount of the order and can not be called into question for simple errors or omissions which could have survived despite all the precautions taken in the presentation of the products. Difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of a professional association of the branch, a consumer association or any other Counsel of his choice. The complaints or disputes will always be received with kindly attentiveness, good faith always being presumed in the person who takes the trouble to expose his situations. In the event of a dispute, the customer will first contact the company to obtain an amicable solution. Failing this, the Tribunal de Commerce de Tarbes (65000) has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
11. Legal information
The information of the personal information collected for the purposes of distance selling is compulsory, this information being indispensable for the processing and the routing of the orders and the establishment of the invoices. The lack of information leads to the non-validation of the order.
The client has a right to access, modify, rectify and delete data concerning him (article 34 of the law of 6 January 1978), which he can exercise with Mada Spicy. In addition, Mada Spicy undertakes not to communicate the details of its customers to a third party, free of charge or with counterpart.
The site is the property of Mada Spicy (BMJ Group Mr Bruno Vaillard) in its entirety, as well as all related rights. Any reproduction, integral or partial, is systematically subjected to the authorization of the owners, including the links of type hypertexts to the site.
All elements are and remain the intellectual property of Mada spicy. All the contents of this site, including, but not limited to, graphics, images, texts, videos, animations, sounds, logos, gifs and icons as well as their formatting are the exclusive property of Mada Spicy, Except for trademarks, logos or content belonging to other partner companies or authors.
No one is allowed to reproduce, exploit, rebroadcast or use for any reason whatsoever, even partially, software, visual or sound elements of the site:
Any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these different elements is strictly forbidden without the written agreement of Mada Spicy. This representation or reproduction, by any means whatsoever, is illicit and constitutes an infringement sanctioned by articles L.3335-2 and following of the Code of the intellectual property. Failure to comply with this prohibition constitutes an infringement which could result in the civil and criminal liability of the infringer. In addition, the owners of the copied Content may take legal action against you.
Any simple or hypertext link is strictly forbidden without written and express agreement of Mada Spicy. The hypertext links set up within the framework of this website towards other resources present on the Internet network can not engage the responsibility of Mada Spicy.
Any downloaded content is made at the user's own risk and under his sole responsibility. As a result, Mada Spicy can not be held responsible for any damage suffered by the user's computer or any loss of data resulting from downloading.
Pictures are not contractual.