Terms of Sales

Article 1: object

The online store of the site www.proteckd.fr, was set up by Mikael Thomas, 10 place du chat botté, 77150 Lesigny, (511 924 714 RCS de Melun) who is the operator of this site. The General Conditions of Sale detailed below (hereinafter "the General Conditions") exclusively govern the contractual relations between the company Mikael Thomas (hereinafter "the Seller" and the buyer (hereinafter "the Buyer"). ) and are intended to define the rights and obligations of the parties in the context of the online sale of goods and services offered on the online store of the website www.proteckd.fr (hereinafter "the Site")

Article 2: Acceptance of the General Conditions of Sale and Digital Signature.

The order of products presented on the Site is subject to acceptance by the Buyer, and constitutes acceptance without any reservation, by the latter, of all the provisions provided for in these General Conditions set out below. These General Conditions of Sale are binding on the Buyer without regard to specific clauses added by him - except with the express agreement of the Seller and without regard to the advertising documents issued by Mikael Thomas . No general or specific condition appearing in the documents sent or delivered by the Purchaser may be incorporated herein, since these documents would be incompatible with these General Conditions. The Buyer declares to have full legal capacity allowing him to commit himself under these General Conditions Any order taking under a product appearing within the Site is only possible after having ticked the box "I accepts the General Conditions of Sale” followed by a hypertext link to these General Conditions and assumes their prior consultation. Any modification to these General Conditions is applicable as soon as it is posted on the Site but cannot apply to contracts concluded previously. The Buyer has the option of saving or editing these General Conditions, it being specified that both the safeguard that the editing of this document is his sole responsibility.

Article 3.1: Contractual Documents

This contract is formed by the following contractual documents, presented in descending hierarchical order: these General Conditions; the bill. In case of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.

Article 3.2: Amendments to Contractual Documents

Requests for changes to an invoice must be the subject of a request to our customer service by email (contact@proteckd.fr). For any post-shipment invoice modification, Mikael Thomas SAS reserves the right to require an invoice of €15 excluding tax per modified document, as administrative costs.

Article 4: Entry into Force - Duration

These General Conditions come into force on the date of the electronic signature of the order form. These General Conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by the Seller.

Article 5: Electronic Signature

The Buyer's "double click" on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The acceptance of the Buyer is materialized by his electronic signature, materialized by the click of payment of the offer, as well as by the communication of his bank details at the end of the payment of his order. This electronic signature has the value of a handwritten signature between the parties. This double step is equivalent for the Buyer to acknowledge that he has fully understood and that he approves all the conditions indicated below and that the latter do not require the handwritten signature of this document. In addition, the Seller may be required to update the General Conditions. Under these conditions, the Seller invites Buyers to carefully read the General Conditions of Sale below, before proceeding to any actual order of products appearing on the Site. The language proposed for the conclusion of the online contract is French.

Article 6: Order Confirmation

The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the Buyer in the order form.

Article 7: Proof of the Transaction

The computerized registers, kept in the Seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8: Product Information

8-a: the Seller presents on its website the products for sale with the necessary characteristics which make it possible to comply with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential Buyer to know before taking final order the essential characteristics of the products he wishes to buy.

8-b: The offers presented by the Seller are only valid within the limits of available stocks.

Article 9: Price

The prices are indicated in euros and are only valid on the date of purchase by the Buyer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.

In the event of a manifest error in the price, the seller reserves the right not to honor the contract. The buyer will not be able to demand payment of this ridiculous price, the normally informed buyer cannot seriously claim to have taken the price displayed for the real value of the article. In this case, the sale may be considered void by the seller.

Article 10: Payment Method

To pay for his order, the Buyer has, at his choice, all the payment methods offered at the time of the order. The Buyer guarantees to the Seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order. The Seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by credit card from officially accredited bodies or in the event of non-payment. The Seller notably reserves the right to refuse to make a delivery or to honor an order from a Buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .

Article 11: Product Availability

The order will be executed at the latest within 3 days from the day following the order. In case of unavailability of the product ordered, in particular because of our suppliers, the Buyer will have the possibility of requesting either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

Article 12: Terms of Delivery

The products are delivered to the address indicated by the Buyer during the order. The Buyer is required to check the condition of the packaging of the goods on delivery and to notify the Seller of any damage due to the carrier by registered mail with acknowledgment of receipt, within one week. The Buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose during the ordering process.

Article 13: Delivery Problems Due To The Carrier

Any anomaly concerning the delivery (missing product compared to the delivery note, damaged parcel, broken products following a bad treatment of the parcel) must imperatively be indicated on the delivery note in the form of "handwritten reserves", accompanied by the signature of the Buyer. The Buyer must report and deal with the dispute with the transport company or the post office within the legal deadlines following the date of delivery. The Buyer must send a copy of the documents sent to the carrier by simple mail to:

Mikael Thomas
10 Puss in Boots Square
77150 Lesigny

We decline all responsibility for the extension of delivery times, in particular in the event of loss, deterioration of the products or strikes caused by the carrier.

Article 14: Delivery Problem Due To The Seller

For any anomaly concerning the contents of the parcel (product missing or not in conformity with the indications appearing on the order form) and for which it is demonstrated by the Buyer that only the Seller can be called into question.

14-a: The Buyer must make his complaint to the Seller at the following address Mikael Thomas, 10 place du chat botté, 77150 Lesigny by registered letter with acknowledgment of receipt on the same day of delivery or at the latest three (3 ) working days following delivery.

14-b: The complaint will consist of either the cancellation of the order and the reimbursement of the sums already paid. - or in exchange for products that do not conform to the order. In all cases, the refund or exchange will only be made on the condition that the product(s) to be exchanged or refunded are returned to the Seller in their entirety, without any deterioration, in their original packaging. complete and intact, in perfect condition for resale, by Colissimo Recommandé, to the following address: Mikael Thomas , 10 place du chat botté, 77150 Lesigny. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. the Seller reserves the right to examine the returned product(s) and consequently to postpone the date of reimbursement or exchange.

14-c: Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the Seller from any liability vis-à-vis the Buyer.

14-d: The shipping costs are the responsibility of Mikael Thomas , except in the event that the returned product does not correspond to the original declaration made by the Buyer in the return form.

Article 15: Product Warranty

15.1. Legal Warranties

Independently of the contractual guarantee developed below, Mikael Thomas remains liable for defects in the conformity of the goods to the contract under the conditions provided for in articles L.217-4 and following of the Consumer Code and for hidden defects in the thing sold within the conditions provided for in articles 1641 and following of the civil code.

When you act within the framework of the legal guarantee of conformity:
- you have a period of two years from the delivery of the goods to act:

- you can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the consumer code;

- you are exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for the goods of occasions.

You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

Reproduction of Articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, in accordance with Article L. 217-15 of the Consumer Code:

"The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. "

Art. L.217-5 of the consumer code:
"The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. "

Art. L.217-9 of the consumer code:
“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.

Art. L.217-12 of the consumer code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
Art. 1641 of the civil code:
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lesser price for them, if he had known them."
Art. 1648 paragraph 1 of the civil code:
"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."
In the event of the search for amicable solutions prior to any legal action, it is recalled that they do not interrupt the time limits for action of the legal guarantees nor the duration of the contractual guarantee developed below.

15.2. Contractual Guarantee

Mikael Thomas guarantees 2 years (two years) all items against hidden defects on the date of purchase for a period of 2 years from this same date. If, during the warranty period, the product proves to be defective (at the date of purchase) due to a defect in material or workmanship, Mikael Thomas will repair or replace it free of charge (at the discretion Mikael Thomas ) of the product or its defective parts, subject to the conditions below. Mikael Thomas reserves the right to replace defective parts or products with new or workshop-revised parts or products. All replaced parts and products will become the property of Mikael Thomas .

A. This warranty applies only if the defective product is presented during the warranty period, accompanied by the invoice. Mikael Thomas reserves the right to refuse the free application of the guarantee if these documents are not presented or if they are incomplete or illegible.

B. To avoid any deterioration or loss/erasure of data stored on media or in mobile phones, you must have made a copy or saved them before handing over your device to the retailer under the warranty.

C. This warranty does not cover transportation costs or risks associated with drop-off and pick-up journeys for your product.

D. This warranty does not cover any of the following:

a) Periodic maintenance and repairs or replacement of parts due to normal wear and tear.

b) Damage or defects resulting from use, operation or handling of the product that does not comply with normal personal or private use

c) Damage or modifications caused by improper use, installation or use of the product not in accordance with its intended purpose, virus infections or use of the product with incorrectly installed or inappropriate software, use of the product with accessories, peripherals and other inappropriate products, repairs carried out or attempted by persons other than Mikael Thomas repairers or by persons other than the authorization of Mikael Thomas , negligence, accidents, fires, liquids, chemicals, other substances, flooding, vibration, excessive heat, power surges, excessive or inadequate power supply, radiation, electrostatic discharge including lightning, other external forces and effects.5. This warranty only covers the hardware components of the product. It does not cover software for which an end user license agreement or separate warranty statements or disclaimers are provided or apply.

Article 16: Liability for Damage Caused by the Products

The Buyer is expressly informed that the Seller is not the producer or the manufacturer of the products presented within the framework of the website, within the meaning of law n°98-389 of May 19, 1998 and the Seller declines all responsibility for the fact defective products. Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the manufacturer of the latter may be sought by the Buyer, on the basis of the information appearing on the packaging.

Article 17: Right of Withdrawal

17.1. Legal Period of the Right of Withdrawal

In accordance with the legal provisions in force, you have a period of 14 days from the withdrawal of your products to exercise your right of withdrawal without having to justify reasons or pay a penalty. After communication of your decision to exercise your right of withdrawal within this period of 14 days, you have another period of 14 days to return the product(s) concerned by the withdrawal.

17.2. Contractual withdrawal period

The Buyer has a period of 30 working days to return, at his expense, the products that do not suit him. This period runs from the day of delivery of the Buyer's order. If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.

17.3. Conditions for exercising the right of withdrawal

To exercise his right of withdrawal, the Customer informs Mikael Thomas of his decision to withdraw either by sending the standard withdrawal form in Appendix 1 of these General Conditions of Sale, or by sending any unambiguous declaration expressing his desire to withdraw, before the expiry of the aforementioned 30-day period by post to the address " Mikael Thomas , 10 place du chat botté, 77150 Lesigny" or by email to the address contact@proteckd.fr

Any return request must be reported accompanied by a photo of the front and back of the article concerned, in order to cover the buyer against any possible damage caused by the carrier when returning the product. The product must be returned with a tracking number to the following address:

Mikael Thomas
Customer service
10 pl of puss in boots
77150 Lesigny

The products must not have been unsealed, so that the Buyer can benefit from the right of withdrawal. The Buyer must not use the packaging of the product as a package but protect it well. Otherwise, a discount may be applied. Only products returned in their entirety, in their complete and intact original packaging, and in perfect condition for resale, will be taken back. Any product that has been damaged, or whose original packaging has been damaged or opened, will not be refunded or exchanged.

This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of the exercise of the right of withdrawal, the Buyer has the choice to request either the reimbursement of the sums paid, or the exchange of the product. In the event of exercise of the right of withdrawal within a period of less than 14 days, the Buyer will be reimbursed at his option by crediting his bank account or via the creation of a credit note. In the event of exercising the right of withdrawal within a period of more than 14 days, the Buyer can only be reimbursed by creating a credit note, sent by email, and valid for 6 months on the proteckd shop. Fr.

In the case of an exchange, the reshipment will be at the Buyer's expense.

In the event of exercise of the right of withdrawal, the Seller will make every effort to reimburse the Buyer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs a technical verification (products must be tested beforehand). The Buyer will then be reimbursed by crediting his bank account (secure transaction) in the event of payment by credit card, or by check in other cases.

Article 18: Rights of Use

The right to use the software of the company Mikael Thomas , as well as those distributed by it, is granted to the Buyer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the Buyer has a right of reproduction exclusively for the establishment of a backup copy, when this is necessary to preserve the use software. In any event, the author of the software retains ownership rights over his work, which the Purchaser undertakes to respect.

Article 19: Force Majeure

Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them. The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these General Conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

Article 20: Partial Non-Validation

If one or more stipulations of these General Conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

Article 21: No Waiver

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these General Conditions cannot be interpreted for the future as a waiver of the obligation. in question.

Section 22: Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Section 23: Mediation

In accordance with article L. 612-1 of the Consumer Code, within one year of his written complaint, the consumer, subject to article L.152-2 of the consumer code, has the right to submit a request for amicable resolution by way of mediation, with:

SAS Mediation Solution
222 chemin de la bergerie, 01800 Saint Jean de Niost

website: https://www.sasmediationsolution-conso.fr,
email: contact@sasmediationsolution-conso.fr

Article 24: Applicable Law

These General Conditions are subject to French law. This is the case for rules of substance as well as for rules of form. In the event of a dispute or complaint, the Buyer will first contact the company Mikael Thomas to obtain an amicable solution. Secondly and in the event of an appeal, the Buyer may file a complaint with a competent court.

Article 25: Computing and Freedoms

The information requested from the Buyer is necessary for the processing of his order and may be communicated to the contractual partners of the company Mikael Thomas involved in the execution of this order. The Purchaser may write to the company Mikael Thomas whose contact details are in the confidentiality charter appearing within the framework of the website, to oppose such communication, or to exercise his rights of access, rectification to with regard to the information concerning him and appearing in the Seller's files, under the conditions provided for by the law of January 6, 1978.

List of opposition to canvassing: in accordance with articles L.223-1 and following of the Consumer Code, if the Customer no longer wishes to be canvassed by telephone on the number he had communicated to Boulanger, he can register at any time this telephone number on the list of opposition to canvassing by Internet on the site bloctel.gouv.fr .

Appendix 1: Withdrawal Form

Please complete and return this form only if you wish to withdraw from your order placed on Mikael Thomas – except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

To the attention of Mikael Thomas - 10 place du chat botté - 77150 Lesigny – contact@proteckd.fr

I hereby notify you of my withdrawal from the contract relating to the sale of the property below:

Ordered on ............................................

Received on ................................................ ..........................

Order number: ............................................ ...................................

Name of consumer(s): ........................................ .................................

Address of the consumer(s): ......................................... .................................

Signature of the consumer(s) (only in the event of notification of this

paper form):

Date : ................................................ ..........................

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