TERMS AND CONDITIONS OF SALE
MARKETING CREATION is a simplified joint stock company with share capital of 100,000 euros, located at 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, Chairman.
The website can be accessed at the following link: www.https://marketingcreation.com/en/.
Marketing Creation's customer service department can be contacted by post at the company's head office address, by e-mail at contact@marketingcreation.com or by telephone on 04.42.26.23.07.
PRESENTATION
The purpose of these General Terms and Conditions of Sale and Services (hereinafter referred to as the "GTCS") is to define the conditions under which MARKETING CREATION (hereinafter referred to as "MARKETING CREATION") provides the professional customer, identified on the order form and/or the quotation (hereinafter referred to as "the Customer"), with the products and/or services, described on the order form and/or the quotation (hereinafter referred to as "the Products and/or the Services").
Any order for Products or provision of Services implies, on the part of the Customer, the consultation and unreserved acceptance of the present General Terms and Conditions of Sale. Unless expressly agreed otherwise by MARKETING CREATION, the GSCS, to which reference is also made on the order form, exclude the application of any clause to the contrary appearing in the Customer's documents, in particular its general conditions of purchase or its order forms. MARKETING CREATION may modify the present GTCS at any time; the GTCS applicable to the Customer will be the GTCS in force on the day of the Customer's order.
On the Internet, the Customer will have to create a customer account by communicating the information necessary to order products to MARKETING CREATION.
QUOTATIONS - ORDERS
Any order from the Customer will be the subject of an order form and/or a quotation specifying the identity of the Customer and the Products and Services concerned (hereinafter referred to as the "Order Form"). Unless otherwise specified in the Purchase Order, all MARKETING CREATION Purchase Orders are valid for a period limited to 2 days. In the event of an error on the Purchase Order, no Products may be returned without the express prior agreement of MARKETING CREATION. Acceptance of an Order Form is binding on the Customer. A Customer's order will only be considered binding upon MARKETING CREATION when the order is executed by MARKETING CREATION.
ORDER PROCESS
Ordering
The Customer places an order (hereinafter the "Order") by any means, via the website or directly by contacting MARKETING CREATION's customer service department at the following address: contact@marketingcreation.com / 04 42 26 23 07
When the Order is placed on the MARKETING CREATION website, the Customer must follow the following steps:
- Go to Site ;
- Select the Products of interest, specifying the quantity required
- Request a quote by following the instructions on the Site
- Open a customer account or log in as a Customer if applicable
- Check Order elements, identify and, if necessary, correct errors
- Accept T&Cs.
Order confirmation (BAT)
After receipt of the Order, MARKETING CREATION will send the Customer a quotation and a request for confirmation of the Order Form in the form of a "Ready for Press" (hereinafter "RTP"). When sending the proof, MARKETING CREATION specifies the production and delivery deadlines.
To confirm the Order, the Customer must return the signed proof of delivery within two working days of receipt.
The express and unreserved acceptance of the General Terms and Conditions of Sale, of the description of the Products chosen, their quantities, customization, prices and delivery conditions constitutes confirmation of the Order. MARKETING CREATION cannot be held responsible for any errors or omissions made by the Customer when validating the proof.
From the moment of validation of the proof of delivery, the Customer is therefore obliged to accept delivery and to pay for the Products covered by the proof of delivery, unless it can be shown that the delivery does not conform to the proof of delivery.
Withdrawal
In principle, validation of the proof of concept is equivalent to confirmation of the Order, with no right of withdrawal.
However, customers with less than or equal to five (5) employees who contract off-premises may, in accordance with Article L221-3 of the French Consumer Code, exercise their right of withdrawal within fourteen (14) days of receipt of the Product or conclusion of the Services contract, in accordance with the conditions and model available 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 Service(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) and/or Service(s) will be borne by the Customer. The Customer will be reimbursed within fourteen (14) days of receipt of the Customer's request for retraction, provided that the Products are returned to MARKETING CREATION.
In accordance with the provisions of article L.221-28 of the French Consumer Code, if the Customer wishes the execution of the Services to begin before the end of the withdrawal period, MARKETING CREATION will record on the Order Form his/her request and express waiver of his/her 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 cheque or bank transfer.
PRODUCTS
The Products marketed by MARKETING CREATION are decorative objects intended for professionals. They can be customized.
The majority of the Products marketed by MARKETING CREATION can be consulted by Customers on the websitewww.https://marketingcreation.com/en/ or the documentation sent to the Customer on request. MARKETING CREATION undertakes to do its best to ensure that the photographic representation of the Products on the Site is as accurate as possible. It is nevertheless possible that, despite MARKETING CREATION's best efforts, the Customer's perception of one (or more) Product(s) may not correspond completely. In this case, MARKETING CREATION cannot be held responsible for the difference in perception between the photographs presented on the Site and the Products received by the Customer.
The Customer acknowledges having received all necessary information prior to the conclusion of the present contract. The Customer acknowledges that, as a professional, he/she is solely responsible for choosing the Products and/or Services.
All intellectual property rights relating to the Products and their technical documentation remain the exclusive property of MARKETING CREATION. The Customer agrees not to register any title of ownership, in any form whatsoever, in France or abroad, to the Products.
Product availability
MARKETING CREATION may at any time update the Products or withdraw them from sale.
All Products are deemed to be available at the time of the Order. However, as stock variations can be significant in a short space of time, the Customer will receive confirmation of the availability of the Products ordered by e-mail as soon as possible.
SERVICES
Special orders (the "Services") arising from specific requests from Customers are made on request and presented to Customers as part of commercial presentations according to specifications or via the quotation sent to the Customer.
In this context, the Customer may ask MARKETING CREATION to involve members of its staff working at STUDIO WELCOME, whose rates are available to the Customer on request at the following address: contact@marketingcreation.com
FINANCIAL CONDITIONS
Product prices
The Products and Services are supplied at MARKETING CREATION's prices in force on the day the order is placed, as specified on the Order Form. These prices are firm and non-revisable during the period of validity of the Order Form. Prices shown in MARKETING CREATION's catalogs are indicative only and may be revised at any time by MARKETING CREATION.
Payment terms will be specified on the artwork. Prices are given in euros excluding taxes.
Provided that delivery of all the products ordered is made to a single delivery point in metropolitan France (excluding Corsica), the price of the Products is inclusive of carriage, i.e. MARKETING CREATION will pay the carriage costs.
Terms of payment
Payment of the Order price by the Customer is made by cheque, credit card or bank transfer to MARKETING CREATION's bank account, the details of which appear on the invoice.
Unless otherwise stipulated in the quotation, payment for the Order must be made on receipt of the invoice by the Customer.
Any late or non-payment will automatically lead to the application of a late payment penalty equal to the legal interest rate plus 5 points and a fixed penalty of forty (40) euros corresponding to collection costs.
For special orders and Services, the Customer pays a deposit corresponding to 50% of the total VAT-inclusive amount of the Order on the Order acceptance date.
In the event of late or non-payment, MARKETING CREATION will not be obliged to accept new Orders in the absence of settlement of the Customer's debt to MARKETING CREATION. 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.
PRODUCT DELIVERY
Delivery charges
For all orders delivered outside metropolitan France, the payment of local taxes and customs duties, if applicable, is the sole responsibility of the Customer. MARKETING CREATION shall not be held liable in the event of non-payment by the Customer of sums of any kind thus due.
Delivery times
The Order is prepared and the delivery deadlines communicated to the Customer in the Order form do not begin to run until MARKETING CREATION has received the proof of delivery completed by the Customer.
Delivery times are given as an indication only: exceeding them may not lead to cancellation of the order, nor to compensation or damages. MARKETING CREATION reserves the right to suspend the delivery of Products without payment of any compensation if the Customer does not respect the agreed terms of payment. MARKETING CREATION cannot be held responsible in the event of delay or suspension of delivery attributable to the Customer or in the event of force majeure.
Delivery locations
Delivery is made to the address indicated on the proof of delivery. Deliveries are made throughout the European Economic Area. If transport conditions require exceptional means (e.g. island delivery), a contribution to costs will be invoiced to the customer.)
It is the Customer's responsibility to facilitate access for unloading the Products ordered. It is imperative to have a clear unloading area as close as possible to the place of delivery.
If the configuration of the place of delivery does not allow the carrier to make a safe delivery using its usual means of transport, the carrier may decide to use last mile logistics in order to finalize the delivery or will agree with the Customer on a new delivery point as close as possible to the delivery address indicated on the proof of delivery. Any additional costs will be borne by the Customer.
When placing an order, the customer must provide the exact delivery address (which may be different from the billing address), giving all the details required for successful delivery, as well as a telephone number where he/she can be reached at the time of delivery.
Any omission or error affecting the delivery address, the accessibility 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 at the Customer's expense.
Transport, transfer of risk and transfer of ownership
The transfer of risk occurs when the carrier delivers the Products to the Customer. MARKETING CREATION takes charge of the transport costs and takes care of its processing, according to the carriage-paid mode.
If the Customer wishes to take care of the transport by entrusting the delivery to a carrier of his choice, he shall bear the cost of transport and the risks attached to the transport operation without being able to engage the responsibility of MARKETING CREATION in the event of problems encountered during delivery.
The transfer of ownership takes place after full payment of the Products by the Customer.
RETENTION OF TITLE
MARKETING CREATION retains ownership of the Products delivered until the effective collection of all sums due by the Customer for any reason whatsoever. However, the Customer, as custodian of the Products, assumes responsibility and risk. As soon as a payment incident occurs, MARKETING CREATION may, by right, demand the return of the delivered Product at the expense, risk and peril of the defaulting Customer, and this without formal notice. The sale will be cancelled by operation of law and any advance payments already made will be retained by MARKETING CREATION in consideration of the Customer's enjoyment of the Products, without this clause being considered as a penalty clause. In the event that the Products are resold, the original Customer will be deemed to have carried out this sale on behalf of MARKETING CREATION, in the capacity of agent, selling the Products and collecting the amount of the sale price in the name and on behalf of MARKETING CREATION.
WARRANTIES AND LIABILITY
Product conformity
It is the Customer's responsibility to check the conformity of the Products and to inform MARKETING CREATION of any defects within five (5) days of receipt. Once this period has elapsed, no claim will be admissible against MARKETING CREATION and the Products can no longer be taken back or exchanged.
MARKETING CREATION's warranties apply to normal use of the Products, and do not apply to deterioration or destruction caused in particular by incorrect assembly, faulty use or overloading.
After delivery, MARKETING CREATION's guarantee does not apply to Products that have been stored or conserved in conditions unsuitable for preserving them from any damage to their integrity or substance such as bad weather, animal attacks, deterioration due to insects or contamination.
Referral request
In the event of non-conformity and if it is necessary to return Products with defects, the Customer must make a return request to MARKETING CREATION by sending an email to contact@marketingcreation.com.
If the return request is accepted, MARKETING CREATION will collect the goods or have them collected from the place of delivery.
The Products will be reimbursed when the existence of defects stated by the Customer, cause of the return, have been noted and confirmed by MARKETING CREATION.
MARKETING CREATION will not accept any Product sent by the Customer without prior approval. A fortiori, no refund will be made without following the above-mentioned return procedure.
In addition, if the customer wishes to arrange carriage forward delivery, the cost of transporting the goods is borne by the purchaser, who pays for it, and no request for return can be granted.
Responsibilities
The Parties agree that in the event that MARKETING CREATION acknowledges liability towards the Customer, the former will have the choice between replacing the defective Product or reimbursing the Customer for the cost of the Product, and this after ascertaining the existence of damage or a manufacturing defect.
If MARKETING CREATION chooses to refund 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 obliged to reimburse the Customer after a period of one (1) month.
In any case, MARKETING CREATION's liability is contractually limited to the value of the Products ordered, whatever the cause of its liability and the amount of the loss suffered by the Customer.
MARKETING CREATION therefore excludes all liability for indirect damage suffered by the Customer as a result of 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 sales, loss of image.
PRESCRIPTION
All actions to which the Order, the Delivery and the Conformity of the Products may give rise, on a principal or accessory basis, are time-barred within one (1) year of the conclusion and performance of the Order.
FORCE MAJEURE
Article 1218 of the French Civil Code and case law define force majeure.
In addition, this includes, but is not limited to, strikes, employer closures, civil strife, natural disasters, accidents, breakdowns, fire, floods, raw material supply difficulties, epidemics giving rise to health restrictions linked to business activity and transport issues, confinement, government or administrative restrictions that do not allow normal activity.
MARKETING CREATION undertakes to use its best efforts to find a solution to any contingencies resulting from this clause.
If, for reasons of force majeure, MARKETING CREATION is unable to make deliveries of orders already accepted, it will not be considered liable to the Customer for damages or losses of any kind whatsoever resulting from this impossibility.
INDIVISIBILITY
These GTC constitute the entire agreement between MARKETING CREATION and the Customer concerning the sale of Products. They are completed by the proof of delivery which includes the characteristics of the products, the quantities, the prices, the delivery conditions and the Customer's confirmation.
The current GTC can be consulted at any time on the Website.
If any provision of these GTC is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain in full force and effect.
The Customer agrees that these GTC and all agreements incorporated herein may be automatically assigned or transferred by MARKETING CREATION at its sole discretion. The section headings are for reference only and do not define, limit, interpret or describe the scope or coverage of their section.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights relating to the Products marketed by MARKETING CREATION belong entirely to MARKETING CREATION, including those relating to special orders.
MARKETING CREATION retains full industrial, literary and artistic ownership of the Products and/or software sold, projects, studies, drawings, which may not be communicated to unauthorized third parties or used for any other application without the express prior authorization of MARKETING CREATION.
The customer gives MARKETING CREATION the right to use his brand free of charge in the context of affixing a logo to the promotional item.
NON-SOLICITATION OF PERSONNEL
The Customer expressly refrains from soliciting or hiring, directly or indirectly, any member of MARKETING CREATION's staff. In the event of a breach of this prohibition, the Customer shall immediately pay MARKETING CREATION, as a penalty clause, a fixed indemnity equal to twelve (12) of the last gross monthly salary of the person solicited or hired, plus all costs of recruiting a replacement.
SETTLEMENT OF DISPUTES 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 GCS in accordance with the rules of French and European private international law.
Amicable dispute resolution
Any disputes or disagreements that may arise concerning the validity, interpretation, performance, non-performance or termination of the GTS shall, prior to any legal action, be submitted to mediation by a mediator of the Parties' choice. The Parties expressly acknowledge the mandatory nature of recourse to mediation in the event of any dispute or disagreement which may arise concerning the validity, interpretation, performance, non-performance or termination of the Contract.
In the event of a dispute or disagreement between the Parties, the most diligent Party will inform the other Party, directly or indirectly, in writing, of the identity of the mediator or mediation body it proposes. The other Party will give its consent or propose another mediator or mediation body within fifteen (15) clear days of receipt of the letter proposing mediation.
Failing agreement on the person of the mediator within fifteen (15) days of the first proposal, the mediator will be appointed by the President of the competent Commercial Court of Aix en Provence, ruling in summary proceedings and referred to at the initiative of the most diligent Party.
The duration of the mediation shall not exceed three (3) months, renewable once by mutual agreement.
Should the Parties fail to reach an amicable settlement of their dispute within the aforementioned period and any renewal thereof, they may refer the matter to the competent court designated below.
Competent jurisdiction
The Parties hereby designate the Tribunal de Commerce d'Aix en Provence as the competent jurisdiction for any dispute between the Customer and MARKETING CREATION relating to the present GTCS, the order, delivery, payment and conformity of the Products, including in the case of summary proceedings.
UNIQUE IDENTIFIERS
In accordance with article R.541-173 of the French Environment Code, please find the unique identifiers for each eco-organization to which you belongMarketing Création has joined.
Ecomaison : FR347099_12ZTUV
Valdélia : VAL01188
SYDEREP: FR013812_107YCP