General Conditions of Sale
MARKETING CREATION is a simplified joint stock company with capital of 100,000 euros, located 29 Allée Saint Jean, ZAC de la Barque, Arteparc Bâtiment C, in Fuveau (13710) and registered in the Aix en Provence Trade and Companies Register under number 530 796 861. It is represented by Mr. Frédéric MARTZ, President.
The website is accessible at the following link: www.kidscreation.fr.
Marketing Creation customer service can be reached by mail at the address of the company's head office; by email at contact@marketingcreation.com or by telephone at 04.42.26.23.07.
Presentation
The purpose of these General Conditions of Sale and Services (hereinafter the “CGVS”) is to define the conditions under which the company MARKETING CREATION (hereinafter “MARKETING CREATION”) provides the professional customer, identified on the order form. order and/or quote (hereinafter “the Customer”), the products and/or services, described on the order form and/or quote (hereinafter “the Products and/or Services”).
Any order for Products or provision of Services implies, on the part of the Customer, consultation and unreserved acceptance of these General Terms and Conditions. The General Terms and Conditions to which reference is also made on the order form exclude, unless expressly agreed by MARKETING CREATION, the application of any contrary clause appearing in the Customer's documents, in particular its general conditions of purchase or its order forms. MARKETING CREATION may modify these General Terms and Conditions at any time; the General Conditions of Sale applicable to the Customer will be the General Conditions of Sale in force on the day of the Customer's order.
On the internet, the Customer will be required to create a customer account by providing the information necessary to order products from MARKETING CREATION.
Quote - Orders
Any order from the Customer will be the subject of a purchase order and/or a quote specifying the identity of the Customer and the Products and Services concerned (hereinafter “the Order Form”). Any MARKETING CREATION Purchase Order will have, unless otherwise specified in the Purchase Order, a validity period limited to 2 days. In the event of an error on the Order Form, no return of Products can be made without the express prior agreement of MARKETING CREATION. Acceptance of a Purchase Order firmly and definitively binds the Customer. A Customer's order will only be considered binding on MARKETING CREATION upon execution of the order by MARKETING CREATION.
Order process
Order taking
The Customer places his order (hereinafter the “Order”) by any means, via the website or directly by contacting MARKETING CREATION customer service at the following coordinates: contact@marketingcreation.com / 04 42 26 23 07
When the Order is placed on the MARKETING CREATION website, the Customer is required to follow the following steps:
- Access the Site;
- Select the Products you are interested in, specifying the desired quantity
- Request a quote by following the instructions available on the Site
- Open a customer account or identify yourself as a Customer if applicable
- Check the elements of the Order, identify and, if necessary, correct errors
- Accept the General Terms and Conditions.
Order confirmation (BAT)
After receipt of the Order, MARKETING CREATION sends a quote to the Customer as well as a request for confirmation of the Purchase Order in the form of a “Proof” (hereinafter “BAT”). When communicating the proof, MARKETING CREATION specifies the production and delivery times.
To demonstrate agreement and confirm the Order, the Customer returns the signed proof within a maximum of two working days from receipt.
Express and unreserved acceptance of the General Terms and Conditions, the designation of the Products chosen, their quantities, personalization, prices and delivery conditions constitutes confirmation of the Order. Any error or omission by the Client during the validation of the proof cannot engage the liability of MARKETING CREATION.
From the validation of the BAT, the Customer is therefore required to receive the delivery and pay the amount of the Products which were the subject of the BAT, unless it can be demonstrated that the delivery does not comply with the BAT.
Withdrawal
In principle, validation of the proof constitutes confirmation of the Order without right of withdrawal.
However, the Customer whose number of employees is less than or equal to five (5) who contracts outside the establishment may have, under the conditions of article L221-3 of the Consumer Code, a withdrawal period of fourteen (14) days from receipt of the Product or conclusion of the Services contract in accordance with the conditions and model accessible at the following link: Withdrawal form
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) and/or Services purchased and the delivery costs are reimbursed; return costs remaining the responsibility of the Customer. The Customer will be reimbursed within fourteen (14) days following receipt of the Customer's withdrawal request, subject to return of the Products to MARKETING CREATION.
In accordance with the provisions of article L.221-28 of the Consumer Code, if the Customer wishes the execution of the Services to begin before the end of the withdrawal period, MARKETING CREATION will collect his request and waiver on the Order Form. expressly expresses its right of withdrawal.
Order date
The date of the order is the date of validation of the order by the Customer in the case of online payment by credit card or the date of receipt of the check or transfer.
The products
The Products marketed by MARKETING CREATION are decorative objects intended for professionals. They can be customizable.
The majority of Products marketed by MARKETING CREATION can be consulted by Customers on the website www.kidscreation.fr or the documentation sent to the Customer at their request. MARKETING CREATION undertakes to do its best to ensure that the photographic representation of the Products on the Site is as faithful as possible. It is nevertheless possible that, despite MARKETING CREATION's best efforts, the Customer's perception of one (or more) Product(s) does not completely correspond. In this case, the difference in perception between the photographs presented on the Site and the Products received by the Customer cannot in any way engage the responsibility of MARKETING CREATION.
The Client acknowledges having had all the necessary information prior to entering into this agreement. The Customer acknowledges as a professional that he has chosen the Products and/or Services under his sole responsibility.
All intellectual property rights relating to the Products and their technical documentation remain the exclusive property of MARKETING CREATION. The Customer undertakes not to file a title deed, in any form whatsoever, in France or abroad on the Products.
Product availability
MARKETING CREATION has the right at any time to update the Products or withdraw them from sale.
All Products are deemed available at the time of the Order. However, as stock variations can be significant in a short period of time, the Customer receives confirmation, by email and as soon as possible, of the availability of the Products covered by the order.
Services
Special orders (the “Services”) relating to specific requests from Customers are made on request and presented to Customers as part of commercial presentations according to specifications or via the quote sent to the Customer.
In this context, the Client may ask MARKETING CREATION to involve members of its staff working within STUDIO WELCOME, the rates of which are accessible to the Client on request at the address: contact@marketingcreation.com
Financial conditions
Product prices
The Products and Services are provided at MARKETING CREATION prices in effect on the day the order is placed, as specified on the Order Form. These prices are firm and cannot be revised during the validity period of the BAT. The prices appearing in the MARKETING CREATION catalogs are only indicative and may be revised at any time by MARKETING CREATION.
The payment conditions will be specified on the BAT. Prices are expressed in euros excluding taxes.
Provided that delivery of all the products ordered is made to a single delivery point in mainland France (excluding Corsica), the price of the Products is inclusive of postage, i.e. MARKETING CREATION takes responsibility for responsible for transport costs.
Payment terms
Payment of the price of the Order by the Customer is made by check, bank card or by transfer to the MARKETING CREATION bank account whose details appear on the invoice.
Unless otherwise stated in the quote, payment for the Order must be made upon receipt of the invoice by the Customer.
Any delay or failure to pay automatically leads to the application of a late penalty equal to the legal interest rate increased by 5 points and a fixed penalty of forty (40) euros corresponding to recovery costs.
For special orders and Services, the Customer pays a deposit corresponding to 50% of the total amount including tax of the Order on the date of acceptance of the Order.
In the event of delay or non-payment, MARKETING CREATION will not be required to accept new Orders unless the Customer's debt to MARKETING CREATION has been paid. MARKETING CREATION also reserves the right to immediately suspend any delivery in progress, as well as to refuse any Order without any formality being necessary.
Delivery of products
Delivery costs
For any order delivered outside mainland France, payment of local taxes and customs duties that may apply is the sole responsibility of the Customer and is their sole responsibility. MARKETING CREATION cannot be held liable in the event of non-payment by the Client of sums of any kind thus payable by them.
Delivery times
The Order is prepared and the delivery times communicated to the Customer in the Order form only begin to run upon receipt by MARKETING CREATION of the proof completed by the Customer.
Delivery times are given for information purposes only: exceeding them cannot result in cancellation of the order, compensation or damages. MARKETING CREATION reserves the right to suspend delivery of the Products without payment of any compensation if the Customer does not respect the agreed payment terms. MARKETING CREATION cannot be held liable in any case in the event of a delay or suspension of delivery attributable to the Customer or in the event of force majeure.
Delivery locations
Transport is made to the address indicated on the BAT. Deliveries are made throughout the territory of the European Economic Area. In the event that transport conditions require exceptional means (e.g. island delivery), a contribution to the costs will be invoiced to the Customer).
It is the Customer's responsibility to facilitate access for unloading the Products ordered. A clear area for unloading the product is imperative as close as possible to its place of storage.
If the configuration of the delivery location does not allow the carrier to deliver in complete safety with its usual means of transport, the latter may decide to use last mile logistics means in order to finalize the delivery or agree with the Customer of a new delivery point closest to the delivery address indicated on the BAT. Any additional costs will be the responsibility of the Customer.
The Customer must, when ordering, provide his exact delivery address (which may be different from the billing address) mentioning all the details necessary for successful delivery, as well as a telephone number at which he will actually be contacted. reachable at the time of delivery.
Any omission or error affecting the delivery address, the accessibility conditions of the location, the telephone number provided by the Customer or any other problem attributable to the Customer and resulting in the need to make a new delivery may be subject to 'additional invoicing for a new delivery payable by the Customer.
Transport, transfer of risks and transfer of ownership
The transfer of risks occurs when the carrier delivers the Products to the Customer. MARKETING CREATION takes care of the transport costs and takes care of its progress, according to the carriage free method.
If the Customer wishes to take care of transport by entrusting delivery to a carrier of his choice, he bears the cost of transport and the risks attached to the transport operation without being able to engage the liability of MARKETING CREATION in the event of problems encountered during of delivery.
The transfer of ownership takes place after full payment of the Products by the Customer.
Reservation of title
MARKETING CREATION retains ownership of the Products delivered until the effective collection of all sums owed by the Customer for any reason whatsoever. However, the Customer, as guardian of the Products, assumes responsibility and risks. As of right, MARKETING CREATION may, as soon as a payment incident occurs, demand the return, at the expense and risk of the defaulting Customer, of the delivered Product, and this without formal notice. The sale will be canceled automatically and the deposits already paid will remain acquired by MARKETING CREATION in return for the enjoyment of the Products from which the Customer has benefited, without this clause being considered as a penal clause. In the event that the Products are resold, the original Customer will be deemed to have made this sale on behalf of MARKETING CREATION, as agent, selling the Products and collecting the amount of the sale price in the name and on behalf of MARKETING CREATION.
Guarantees and responsibilities
Product compliance
It is the Customer's responsibility to check the conformity of the Products and to inform MARKETING CREATION in the event of a defect within five (5) days of receipt. Once this period has expired, no claim will be admissible against MARKETING CREATION and the Products can no longer be returned or exchanged.
MARKETING CREATION's guarantees apply to normal use of the Products, and do not apply to damage or destruction caused in particular by assembly error, failure to use, faulty use or overload.
After delivery, the MARKETING CREATION guarantee does not apply to Products which are stored or preserved in conditions incapable of preserving them from any attack on their integrity or their substance such as bad weather, attacks of animal origin, deterioration due to insects or contamination.
Referral request
In the event of a lack of conformity and if it proves necessary to return the Products with defective workmanship, the Customer must make a request for return to MARKETING CREATION by sending an email to MARKETING CREATION at the address contact@marketingcreation.com.
If this return request is accepted, MARKETING CREATION will be responsible for collecting or having the goods collected at the place of delivery.
The Products will be refunded when the existence of defects stated by the Customer, the cause of the return, have been noted and confirmed by MARKETING CREATION.
MARKETING CREATION will not accept any Product sent by the Customer without a previously approved request. A fortiori, no refund will be made without following the return procedure set out above.
In addition, when the Customer wishes to organize delivery collect, the transport costs of the goods are the responsibility of the buyer who pays them, no return request can be granted.
Responsibilities
The Parties agree that in the event of recognition of MARKETING CREATION's liability towards the Customer, the first will have the choice between replacing the defective Product or reimbursing the Customer for the cost of the Product, after establishing the existence of damage or manufacturing defect.
If MARKETING CREATION chooses to reimburse the price of the defective Product, it will deduct this price from the Customer's next invoice. In the absence of a future invoice, MARKETING CREATION will be required to reimburse the Client after a period of one (1) month.
In any event, MARKETING CREATION's liability is contractually limited to the value of the Products ordered, whatever the cause of its liability and the amount of damage suffered by the Customer.
MARKETING CREATION thus excludes any liability for indirect damage suffered by the Customer due to the use or non-use of the Products delivered by MARKETING CREATION, such as, but not limited to, loss of customers, loss of income. , loss of turnover, loss of image.
Prescription
All actions to which the Order, Delivery and Compliance of the Products may give rise, principally or incidentally, are prescribed within one (1) year from the conclusion and execution of the Order.
Force majeure
Article 1218 of the civil code and case law define force majeure.
In addition, we mean, in particular but not exclusively, strikes, employer closures, civil conflicts, natural disasters, accidents, breakdowns, fire, flooding, difficulties in supplying raw materials, epidemics giving rise to health restrictions linked to the business activity and issues of transport, confinement, government or administrative restrictions not allowing normal activity.
MARKETING CREATION undertakes to make its best efforts to find a solution to the contingencies resulting from this clause.
If, for reasons of force majeure, MARKETING CREATION found it impossible to make deliveries of orders already accepted, it will not be considered liable to the Customer for damage or loss of any kind. either resulting from this impossibility.
Indivisibility
These General Terms and Conditions constitute the entire agreement between MARKETING CREATION and the Customer concerning the sale of the Products. They are supplemented by the BAT which includes the characteristics of the products, quantities, prices, delivery conditions and confirmation from the Customer.
The current General Terms and Conditions can be consulted at any time on the Website.
If any provision of these General Terms and Conditions is held to be void or inapplicable, this provision will be deleted and the other provisions will remain applicable.
The Customer accepts that these General Terms and Conditions and all agreements incorporated therein may be automatically assigned or transferred by MARKETING CREATION at its sole discretion. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or scope of their section.
Intellectual property rights
All intellectual property rights relating to the Products marketed by MARKETING CREATION belong entirely to it, including those relating to special orders.
MARKETING CREATION retains full industrial, literary and artistic property of the Products and/or software sold, projects, studies, drawings, which cannot therefore be communicated to unauthorized third parties or used for any other application without express prior authorization. of MARKETING CREATION.
In fact, the Client gives MARKETING CREATION a right to use its brand free of charge as part of the affixing of a logo for the advertising object.
No solicitation of personnel
The Client expressly refrains from soliciting for employment or directly or indirectly hiring any member of MARKETING CREATION staff. In the event of violation of this prohibition, the Client will be required to immediately pay MARKETING CREATION, as a penalty clause, lump sum compensation in an amount equal to twelve (12) of the last gross monthly salary of the person contacted or hired. , plus all costs of recruiting a replacement.
Dispute resolution and applicable law
Applicable law
French law, including the Vienna Convention of April 11, 1980 and the Hague Convention of June 15, 1955, is applicable to these General Terms and Conditions in accordance with the rules of French and European private international law.
Amicable dispute resolution method
Disputes or disputes which may arise regarding the validity, interpretation, execution, non-execution or termination of the General Conditions of Sale will, prior to any legal action, be subject to mediation before a mediator of the Parties' choice. The Parties expressly recognize the obligatory nature of recourse to mediation in the event of disputes or disputes which may arise regarding the validity, interpretation, execution, non-performance or termination of the Contract.
In the event of a dispute or disagreement between the Parties, the most diligent Party will make known directly or indirectly to the other Party, by simple writing, the identity of the mediator or the dispute resolution body. mediation that she offers. The other Party will give its consent or propose another mediator or mediation organization within fifteen (15) clear days from receipt of the mediation proposal letter.
Failing to reach an agreement on the person of the mediator within fifteen (15) days from the first proposal, the latter will be appointed by the President of the competent Aix en Provence Commercial Court, ruling in summary proceedings and seized at the initiative of the most diligent Party.
The duration of mediation may not exceed three (3) months, renewable once by mutual agreement.
Failing to have reached an amicable settlement of their dispute within the above period and its possible renewal, the Parties may refer the matter to the competent court designated below.
Competent jurisdiction
The Parties designate the Commercial Court of Aix en Provence as the competent jurisdiction for disputes relating to these General Terms and Conditions, the order, delivery, payment and conformity of the Products for a dispute between the Customer and MARKETING CREATION, including in the event of summary proceedings. .
Unique identifiers
In accordance with article R.541-173 of the Environmental Code, please find the unique identifiers for each eco-organization to which Marketing Création has joined.
Ecomaison: FR347099_12ZTUV
Valdélia: VAL01188
SYDEREP: FR013812_107YCP