LEGAL NOTICE

Commercial conditions

Last revised: 2021/04/02

Our Conditions

(1) This website "www.malisaguitaraflamenca.com" and the services, including all mobile applications connected to it (collectively the "Services") and any offer or sale of products (the "guitars") by the intermediary of the Site, are owned and operated by MALISA FLAMENCA SAS (hereinafter also referred to as “we”, “our” or “our”). These Business Terms (the “Terms”) set out the terms and conditions under which visitors or users (collectively, the “user” or “you”) may visit or use the Site and / or the Services and purchase Products.

(2) By accessing or using the Services, you acknowledge having read and consented to these Terms and you agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services, or purchasing Products. In these Terms, you will find out who we are, how we sell our Products to you, how you can terminate the purchase contract and what you can do if something goes wrong.

(3) You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parents or legal guardian.

(4) This site is published by

Domain name: www.malisaguitaraflamenca.com
Commercial name: MALISA FLAMENCA
Company name: SAS MALISA FLAMENCA, NIF: F48812808020
Jean-Sébastien FERNANDEZ
530 Chemin du Gari 13270 Fos sur Mer
Telephone: 06.29.96.13.09
E-mail: info@malisaguitaraflamenca.com

This site is hosted by Wix.com

These Conditions are provided in the French language. In the event of a discrepancy between the French version of this document and any of its translations, the French version will prevail.

In addition, before placing and confirming an order, you must read and agree to these Terms.

You can download and print these Terms.

Product Description

You must carefully read the description of the Services and / or Products before placing an order. The description of the Services and / or Products presents the essential characteristics of the Services and / or Products, in accordance with Article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Products and / or Services are provided for information only and are not binding on us.

We invite you to refer to the information and instructions for use that appear on the packaging, labels and accompanying documents. We cannot be held liable for any damage resulting from failure to follow these instructions for using the Products and / or Services provided on our website.

Purchase of Products

Any purchase of Products is subject to the Conditions applicable at the time of such purchase.

(2) When purchasing a Product: it is your responsibility to read the complete list of items before committing to purchase them; and placing an order on the site may lead to a legally binding contract for the purchase of the Product concerned, unless otherwise specified in these Conditions.

(3) The prices we charge are indicated on the Site. We reserve the right to change our prices or correct any pricing errors that may inadvertently occur at any time. These changes do not affect the price of Products that you have already purchased before. When paying by bank transfer, you will be presented with a summary of all the Products you have placed in your order. This summary includes the essential characteristics of each product as well as the total price of all products, the applicable value added tax (VAT) and shipping costs, as the case may be. Any stated delivery time applies from the receipt of your payment of the purchase price. By making your transfer, you place a firm order to purchase the Products advertised at the price and with the shipping costs indicated and you accept these Conditions as being legally binding for your order.

(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order will be summarized again and which you can print or save using the corresponding function. Please note that this is a message that only documents the fact that we have received your order. It indicates that we accept your order.

(5) The legally binding contract for the purchase of the products is only concluded when we send you a notice of acceptance by e-mail or deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately after submitting your order (for example, a money transfer electronic, or instant bank transfer via PayPal, or other similar payment method). In this case, the legally binding agreement is concluded when you complete the ordering process, as described above.

Product delivery

We can deliver our products to the world.

Prices and delivery times vary depending on the type of Products ordered, the delivery address and the delivery method chosen:

Shipping costs are included for deliveries in France, for other countries, delivery costs depend on the destination. For more precision in such circumstances, we recommend that you contact us.

The applicable prices and delivery times will be communicated to you before confirming your order.

Coupons, gift cards and other offers

We may from time to time offer discounts and other offers (the “Offers”) in connection with our Products. These Offers are only valid for the period that may be indicated therein. Offers may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.

Refund and return policy

You have the right to withdraw without giving any reason for 14 days from receipt of the Product or from the date on which you signed the contract for the provision of services.

To exercise your right of withdrawal, you must notify us of your decision by registered mail to the following address: Malisa Flamenca, 530 Chemin du Gari, 13270 Fos sur Mer or by e-mail to info@malisaguitaraflamenca.com within the time limit, by using the following form attached to these Conditions as Annex 1. If you contact us by e-mail, we will acknowledge receipt of your withdrawal.

You must return the Products as soon as possible, in any case within 14 days of notification of your withdrawal. Upon receipt of the Product, we will issue a full refund within 14 days, with the exception of return costs, which will remain your responsibility.

Product Guarantee

If the Product is affected by a hidden defect, you are entitled to act on the basis of the guarantee provided for by articles 1641 and following of the Civil Code for two years from the discovery of the defect. a hidden defect implies that it renders the Product unfit for the use for which it is intended, or that it hinders its use in such a way that you would not have bought it or would have given a lower price if you were aware of the defect. It also implies that you did not know that the defect existed when you purchased the Product.

If the Product is affected by a hidden defect, you are entitled to act on the basis of the guarantee provided for by articles 1641 and following of the Civil Code for two years from the discovery of the defect. a hidden defect implies that it renders the Product unfit for the use for which it is intended, or that it hinders its use in such a way that you would not have bought it or would have given a lower price if you were aware of the defect. It also implies that you did not know that the defect existed when you purchased the Product.

As a consumer, you benefit from the legal guarantee of conformity under the conditions of Article L. 217-4 et seq. Of the Consumer Code. The legal guarantee protects the consumer when he buys a product which does not conform to its description, or which is not suitable for the normally intended use, due to lack of conformity at the time of delivery. You have two years from the delivery of a Product to act on the basis of the legal guarantee of conformity. You can request repair or replacement of the Product, except within the framework of the provisions of Article L. 217-9 paragraph 2 of the Consumer Code. If repair or replacement of the Product is not possible, you can promptly return the Product to us for a full refund. During the 24 months following delivery, you do not have to provide proof of the existence of the alleged defect.

Except as expressly provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim any other warranties or conditions, whether made orally or in writing, including, but not limited to, concerning the accuracy, timeliness, completeness, results, performance, absence of errors or interruption of performance, title, non-infringement, quality, quality of information, enjoyment peace, merchantability or fitness for a particular purpose (even if we have been informed of that use), as well as all representations, express or implied warranties or other conditions arising from the course of the performance, the conduct of the business or trade usage.

Intellectual property

(1) Our Services and related content (and any derivative work or improvement thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, as well as all intellectual property rights therein, are our property or licensed to you (collectively, "Our Intellectual Property"), and nothing herein grants you any right in connection with Our intellectual property. Except as expressly provided herein or if required under mandatory provisions of applicable law for the use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights which are not expressly granted in these conditions are expressly reserved.

(2) If the Products include digital content such as music or videos, the rights specified for that content on the Site will be granted to you.

Exclusion of warranty for the use of the Site and the Services

The Services, Our intellectual property and all documents, information and content provided relating to them which are made available to any user free of charge are provided "as is" and "as available", without any warranty of any kind. whether express or implied, including any warranties of fitness for a particular purpose and any warranty regarding the safety, reliability, timeliness, accuracy or performance of our services, except in the event of malicious non-disclosure of defaults. We do not guarantee that our Free Services will be provided without interruption or error, or that they will meet your needs. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty of the Products you have purchased from us, as mentioned in the “Product Warranty” section above, will not be affected.

Compensation

You agree to defend and hold us harmless against all actual or alleged (including, but not limited to, reasonable attorneys' fees) and claims, damages, costs, liability and expense. ) arising out of, or related to, your use of the Site and the Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set out in these Terms, unless such circumstances are not caused by your fault .

Limitation of Liability

To the fullest extent permitted by applicable law, we accept no liability for any amount or type of loss or damage that may result to you or any third party (including any direct or indirect loss and any loss of income, profits, customers, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunities, loss of anticipated savings, waste of management or office time , even if it is foreseeable, in relation to this Site and its content, the use, inability to use or the results of the use of this site, any website linked to this Site or the documents present on these linked websites.

We cannot be held responsible for a delay or a failure to fulfill our obligations under these Conditions if this delay or this failure results from a cause beyond our control and / or a case of force majeure within the meaning of article 1216 of the Civil Code.

Modification of the Conditions or the Services; interruption

(1) We reserve the right to modify these Terms whenever necessary, at our sole discretion. You should therefore consult them regularly. If we change these Terms in a material way, we will notify you that material changes have been made to them. Your continued use of the Site or our Service after such a change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not access or use the Site or the Service.

We may change the Services, stop providing the Services or any feature of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without any liability. We will notify you sufficiently in advance if this is possible in the given circumstances and we will reasonably take your legitimate interests into account in any such action.

Links to third party sites

The Services may include links that take you away from the Site. Unless otherwise stated, linked sites are not under our control and we are not responsible for their content, any links they contain, or their changes or updates. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites it does not mean that we endorse their owners or their content.

Applicable right

These Conditions are governed by and interpreted in accordance with the laws of France, with the exception of conflict of law rules.

If you wish to draw our attention to a subject, complaint or question concerning our site, please contact us: e-mail: info@malisaguitaraflamenca.com

If, after contacting us, you feel that the problem has not been resolved, you will have the right to have recourse to the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 et seq. Of the French Code of the consumption. To submit your request to the Consumer Ombudsman, complete the online dispute resolution form available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Various

(1) No waiver of a breach or default hereunder may be considered as a waiver of a previous or subsequent breach or default.

(2) The article titles used in these Terms are used for convenience only and have no legal substance.

Unless otherwise specified, if any part of these Terms is found to be illegal or unenforceable for any reason whatsoever, it is agreed that that part of these Terms will be deleted, that the other terms of these Terms will not be affected and that they will remain. in force.

By accepting the Conditions, you agree not to contest the probative value of the documents exchanged via the Site, on the basis of their electronic nature. The computerized registers are considered as proof of communications, orders and payments made between us.

Your acceptance of the Conditions constitutes a proof agreement, within the meaning of article 1368 of the Civil Code.

(4) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.

(5) These Terms constitute the entire agreement and supersede all previous written or oral agreements between you and us relating to the Services and the sale of the Products.

(6) The provisions of these Terms, which by their nature must survive any action on our part, will survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, the limitations of liability and this "Miscellaneous" article.

To contact us, send an e-mail to:

Malisa Flamenca

530 Chemin du Gari

13270 Fos sur Mer

E-mail: info@malisaflamenca.com

In addition to this, you need to know more about it.

Annex 1 - Model withdrawal form

(Art. R. 221-1 of the Consumer Code)

Right of withdrawal form

Complete and submit the following form if you wish to opt out of the agreement.

Att. : Customer service

I hereby inform you that I withdraw my agreement to take out a subscription to the Service below / the purchase contract for the Products below:

Name of service / products

Purchased on / received on

Client name

If possible, specify your account, order or customer number

Customer address

Dated

User signature [if in paper form]