General terms and conditions
Date Updated: February 05, 2020
This website, en.mastrad-paris.fr, is published by MASTRAD, a limited company with a capital of 2,632,381.92 euros and registered office at 32bis-34 Boulevard de Picpus, Paris 75012, registered in the Paris Trade and Companies Register under number 394 349 773, and with VAT number FR 83394349773.
1. Scope of Application
These terms and conditions of sale apply to all orders and purchases made through Mastrad’s online store at the address en.mastrad-paris.fr
The purpose of these terms and conditions of sale is to define the rights and obligations of the parties in the context of the online sale of products offered by Mastrad to any purchaser (“the Purchaser”).
These terms and conditions of sale govern all relations between Mastrad and the Purchaser and express the entirety of the parties’ obligations. For this purpose, the Purchaser is deemed to accept them without reservation by ticking the box alongside the text “I have read and I agree to the terms and conditions of sale”. The Purchaser may download or print this document.
Mastrad reserves the right to make changes to its terms and conditions from time to time. These changes will be applicable as soon as they appear online.
3. Mastrad Online Product Catalog
The Purchaser may navigate the various pages of the website without obligation, and may view the features, availability and prices of the products offered for sale.
If the Purchaser wishes to purchase a product or products, they must place an order from the online catalog by clicking on the relevant product page(s).
The product page contains a description of the product’s key features: the type, usage, quantity, color, and unit price (tax inclusive) of the product (without shipping charges where relevant), and product availability.
To place an order, the Purchaser must click on the “Add to Cart” button.
The shopping cart page shows all the products contained in the order and the total amount (tax inclusive) before any shipping charges are applied). The Purchaser may then proceed with the order by clicking on the “Order and Pay” button, add one or more products to their order by clicking on the “Continue Shopping” button, or cancel their order by clicking on the “Empty Cart” button.
To proceed with the order, the Purchaser must then provide their identity details, or log in via their existing account, and click on “Continue”
The Purchaser must confirm the shipping method offered, which indicates the amount of any shipping charges (tax inclusive).
When the Purchaser clicks on “Continue”, payment information is displayed and the Purchaser must select their desired method of payment.
Before final order validation and payment, an order verification page is displayed, summarizing all the information provided (products, quantities, prices (tax inclusive), shipping charges and method, invoicing address, delivery address, and payment method).
The Purchaser must verify that the information they provide when ordering is correct. Mastrad shall not be liable for any input errors or the consequences of such in terms of late or incorrect delivery.
For final validation of the order, the Purchaser must confirm that they have read and accepted the Terms and Conditions of Sale in the relevant place, then select and validate their payment by clicking on “PROCEED TO PAYMENT”
The payment confirmation page is then displayed, on which the Purchaser must enter the relevant information for their payment method.
Once the Purchaser has clicked on “Yes, I confirm payment”, the order becomes final and irrevocable, subject to the Purchaser’s payment being made.
Validating an order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be governed by the terms of warranty and exchange set out below
5. Order Confirmation
A summary of the contractual information will be sent promptly to the Purchaser by email, via the email address indicated by the Purchaser during the ordering process. This confirmation will include all constituent elements of the contract between the parties. The order confirmation may be saved and/or printed.
6. Proof of Transaction
The computerized records stored in MASTRAD’s IT systems under reasonable conditions of security will be considered proof of the communications, orders and payments made by the parties. Order forms and invoices are stored on reliable and durable media that can be produced as proof.
7. Product Information
The products governed by these terms and conditions of sale are the products appearing in the MASTRAD catalog on MASTRAD's commercial website and that are indicated as sold and shipped by MASTRAD. They are offered subject to availability. The products are described and presented as accurately as possible.
MASTRAD reserves the right to make changes to its prices at any time, but undertakes to apply the prices shown at the time of ordering, subject to availability at that date.
Prices are shown in euros. They do not include shipping charges, which are additional charges indicated prior to order validation.
Shipping charges are invoiced to the Purchaser according to the table below
|Shipping Country||Shipping Method||Shipping Time||
|France Métro-politaine, Corsica, Monaco||So-Colissimo : Collection point (Shopkeeper, post office ...)||3.99 EUR||60,00 EUR||3 to 5 days|
|So-Colissimo : home delivery against signature||8.99 EUR||60,00 EUR||3 to 5 days|
|Belgium||So-Colissimo : Collection point (Shopkeeper, post office ...)||4.99 EUR||60,00 EUR||5 to 10 days|
|So-Colissimo : livraison à domicile contre signature||9.99 EUR||60,00 EUR||5 to 10 days|
|Luxembourg||Colissimo Expert International, home delivery against signature||9.99 EUR||60,00 EUR||5 to 10 days|
|Germany, Netherlands, UK, Spain, Austria, Ireland, Portugal||Colissimo Expert International, home delivery against signature||12.99 EUR||90,00 EUR||5 to 10 days|
|Slovakia, Greece, Finland, Slovenia, Estonia, Latvia, Lithuania, Denmark, Slovakia.||Colissimo Expert International, home delivery against signature||19.99 EUR||140,00 EUR||5 to 10 days
The prices include the applicable VAT (French or of the country of delivery) as of the order date and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store. Full payment must be made when ordering. Sums paid may under no circumstances be considered a deposit or down payment.
If any taxes or contributions, including environmental taxes, are introduced or modified upwards or downwards, this change may be reflected in the retail price of the products.
9. Method of Payment
To pay for an order, the Purchaser can select any of the payment methods offered by Mastrad as listed on the website. The Purchaser warrants to MASTRAD that they have all necessary authority to use the selected method of payment when validating the order form. MASTRAD shall not be liable for any unauthorized or fraudulent use of any means of payment.
In order to ensure that payments are made securely, MASTRAD uses the INGENICO secure payments system. In accordance with the French Law of 13 March 2000 on electronic signatures, the online transmission of the card number and the final order validation constitute proof of the entirety of the order and the sums due in settlement of this order.
Purchasers may use any of the following methods of payment for making purchases on the website:
Credit card (Mastercard, VISA)
Delivery times are, subject to availability, 3 to 10 days from receipt of the order as indicated in the order confirmation email, except where stipulated otherwise to the Purchaser before the order was placed and, in any event, prior to the final validation of the order.
Orders are not dispatched until payment confirmation from Mastrad’s bank.
In the event that an ordered product is unavailable, the Purchaser shall be informed as soon as possible via the email address provided and has the option of canceling their order. The Purchaser can then choose either to request a refund of the sums paid within 30 days of payment, or to exchange the product.
MASTRAD cannot be held liable for product unavailability.
11. Delivery Terms
Mastrad delivers exclusively in mainland France, Corsica, Monaco, Belgium, Germany, Netherlands, Luxembourg, UK, Spain, Austria, Ireland, Portugal, Slovakia, Greece, Finland, Slovenia, Estonia, Latvia, Lithuania, and Denmark, and reserves the right to cancel or refuse any order with a delivery address outside this territory.
Products are delivered to the address indicated by the Purchaser on the order form and are delivered in accordance with the methods, times, and costs indicated on the order confirmation.
The Purchaser must ensure that it is correct. Any package returned to MASTRAD due to an incorrect or incomplete delivery address may be re-shipped at the Purchaser’s expense.
The Purchaser may request that the invoice is sent to the invoicing address and not to the delivery address, by selecting this option on the order form.
Products ordered are delivered according to the delivery times for Colissimo’s Expert France Signed Home Delivery Service for deliveries in France, and according to the delivery times for Colissimo’s Expert International Service for deliveries in the countries listed above.
If a package is returned to Mastrad due to absence at time of delivery and failure to collect the package by the deadline indicated in the attempted delivery notice, all re-deliveries will be made at the Purchaser’s expense, upon receipt by Mastrad of payment of the delivery costs.
If, at the time of the delivery, the original packaging is damaged, torn, or opened, the Purchaser must verify the condition of the items. If they have been damaged, it is essential that the Purchaser refuses the package and indicates a reservation on the delivery slip (package refused because open or damaged).
The Purchaser must indicate on the delivery note, in the form of written reservations accompanied by their signature, any anomaly concerning the delivery (missing product compared to the delivery slip, damaged package, broken products, etc.). Once the Purchaser, or anyone authorized by them to do so, has signed the delivery slip, this verification will be considered to have been performed.
The Purchaser must confirm these reservations to the carrier by recorded-delivery letter within two working days of receiving the item(s), sending a copy of this letter by email to MASTRAD at email@example.com.
Any damaged product must be returned with the original packaging, including Mastrad accessories and instructions, within 7 days of delivery.
MASTRAD will then either exchange it or dispatch any missing product.
Any complaint not made in accordance with the rules defined above or by the specified deadlines will be disregarded, with MASTRAD released from any liability towards the Purchaser.
12. Delivery Errors or Non-Conformity With Order Form
Any complaint concerning a delivery error and/or the non-conformity of the product(s) in terms of nature or quality compared with those indicated on the order form must be made by the Purchaser to MASTRAD by email to the address firstname.lastname@example.org on the day of the delivery or no later than the first working day following the delivery.
Any product not conforming to the order form must be returned with the original packaging, including Mastrad accessories and instructions, within 7 days of delivery.
MASTRAD will then either exchange it or dispatch any missing product.
The costs of the return and reshipment will be borne by Mastrad
13. Retention of Title
Ownership of the Products ordered will not be transferred to the Purchaser until full payment of the invoiced amount, including shipping charges, has been made.
14. Product Warranty
The products are guaranteed under the statutory warranties concerning delivery free from defect, conformity, and hidden defects. The products do not come with any commercial warranty, except for certain products for which a warranty is specifically mentioned on the product page. These products benefit from an extended warranty to guarantee their conformity and covering the refund of the purchase price or the replacement or repair of the goods. It does not cover defects caused by misuse or incorrect use, or due to an external cause unrelated to the intrinsic qualities of the products. When the Purchaser orders a product covered by a commercial warranty, the terms and conditions of said warranty will be sent to them by email using the email address provided. The stipulations of the commercial warranty are not exclusive of the application of the statutory warranty of conformity contained in Article L. 211-4 of the French Consumer Code and the warranties on defects in goods sold contained in Articles 1641 and following of the French Civil Code.
Statutory Warranty on Conformity:
Article L.211-4 of the French Consumer Code: The seller is required to deliver a product in conformity with the contract and is liable for any lack of conformity existing upon delivery. The seller is also liable for any lack of conformity caused by the packaging or assembly instructions, or by the installation if the seller was responsible for this under the contract or if it was done under the seller’s responsibility.
Article L.211-5 of the French Consumer Code: To be in conformity with the contract, the product must:
1) Be fit for the use usually expected of such a product and, where relevant:
Match the description given by the seller and have the features that the seller presented to the purchaser in the form of a sample or model;
Present the features that a purchaser can legitimately expect given the public statements made by the seller, the manufacturer or their representative, particularly in advertising or labeling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the purchaser that was communicated to the seller and agreed by the latter.
Article L.211-7 of the French Consumer Code: Unless proved otherwise, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery. The seller may refute this presumption if it is incompatible with the nature of the product or the non-conformity invoked.
Article L.211-12 of the French Consumer Code Legal action on the grounds of lack of conformity may not be initiated more than two years after delivery of the product.
Warranty on hidden defects:
Article 1641 of the French Civil Code The seller is bound by the warranty if hidden defects in the product sold render the product unfit for its intended use or reduce its usefulness to such an extent that the purchaser would not have bought it, or would only have paid less for it, had they been aware of the defects.
Article 1648, paragraph 1 of the French Civil Code: Legal action on the grounds of redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
Purchasers wishing to exercise their rights under statutory warranties must do so by the stated deadlines and according to the following procedure:
The Purchaser informs MASTRAD by email at email@example.com of their intention to return the product.
MASTRAD sends back a file number and a printout to be attached to the return package. The Purchaser returns the product with the MASTRAD printout, accompanied by a letter of explanation, by post, to the following address:
Mastrad Chez Derijke
LOTISSEMENT INDUSTRIEL LES HERBAGES
ZONE INDUSTRIELLE DE PORT JEROME
MASTRAD informs the Purchaser of receipt of the package and issues an exchange or credit note for the amount of the purchase (excluding shipping charges) valid for 6 months.
MASTRAD reserves the right to refuse receipt of a return of which it has not been notified or where the instructions above have not been followed.
15. Right of Withdrawal
The purchaser has the right to withdraw from this contract without giving reasons within fourteen days. The withdrawal period shall expire fourteen days after the day on which the purchaser, or a third party other than the carrier and designated by the purchaser, takes physical possession of the final product. The Purchaser shall inform MASTRAD of their decision to withdraw by sending MASTRAD, no later than the deadline stipulated above, the withdrawal form (download here) or any other statement expressing their wish to withdraw, provided that it is unambiguous, by email to firstname.lastname@example.org
In order to exercise their right of withdrawal, the Purchaser must notify us of their decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax, or email) by post to Mastrad SA 32bis-34 boulevard de Picpus, 75012 PARIS, or by email to: email@example.com
The purchaser may use the sample withdrawal form but it is not mandatory. In order to meet the withdrawal deadline, the letter concerning the exercise of the right of withdrawal must be sent prior to the expiry of the withdrawal period.
The purchaser must return the product, to
Mastrad Chez Derijke
LOTISSEMENT INDUSTRIEL LES HERBAGES
ZONE INDUSTRIELLE DE PORT JEROME
without undue delay and, in any event, no later than fourteen days after sending the decision to withdraw from this contract. This time limit shall be considered met if the product is sent back before the expiry of the fourteen-day period.
In the event of the Purchaser’s withdrawal from this contract, Mastrad will refund all payments received from the purchaser, including shipping charges (except additional charges applied where you have selected a delivery option other than the cheapest standard delivery option we offer) without undue delay and in any event no later than fourteen days from the date on which we are informed of the decision to withdraw from this contract.
We will issue the refund using the same means of payment used for the original transaction, unless a different means is expressly agreed; in any event, this refund will not incur any costs for the purchaser. We may defer the refund until we have received the product or until we have received proof of dispatch of the product, whichever is sooner.
The Purchaser shall only be liable for the depreciation of the product resulting from handling other than that required to establish the nature, characteristics and proper functioning of this product.
Mastrad recommends that the Purchaser returns the products using Colissimo Suivi and sends them the dispatch notification from the carrier used for the returned product
Only products returned as a whole, in their complete original packaging, and in perfect condition for resale are accepted. Products that have been damaged will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, but return costs are borne by the Purchaser.
MASTRAD informs the Purchaser of receipt of the package and issues a refund of the sums paid within fourteen (14) days of receipt of the returned products or, where relevant, from the date on which the Purchaser sends proof of dispatch, whichever is sooner.
In the event of withdrawal relating to part of the order, MASTRAD will not refund shipping charges, which are fixed for an order and not defined per item.
The refund will be issued using the same means of payment selected by the Purchaser during the original purchase, unless expressly agreed by the Purchaser and provided that no additional costs are incurred by the Purchaser.
16. Data Protection
Personal information is required for the processing and delivery of orders. The information collected is processed and stored in compliance with the French Data Protection Law No. 78-17 of 6 January 1978.
The Purchaser may choose to receive offers, including commercial offers, from MASTRAD and/or its commercial partners.
The Purchaser has the right to access, amend or oppose the personal information held by MASTRAD, and may exercise this right by emailing the following address firstname.lastname@example.org.
17. Intellectual Property
All text, comments, works, illustrations, and images reproduced on the MASTRAD website are the exclusive property of MASTRAD. Likewise, the trademarks, logos, drawings, and models appearing on the site are the exclusive property of MASTRAD and are protected by copyright and intellectual property law. Any use thereof is prohibited without the agreement of MASTRAD. Any breach of MASTRAD’s intellectual property rights will result in prosecution.
18. Processing of Personal Data
For any information, complaint, or question relating to MASTRAD’s terms and conditions of sale, to the website, or to the products, the Purchaser should contact the website Customer Services team by email using the contact form, providing their order number where appropriate.
20. Force majeure
Any circumstances beyond the parties’ control and that prevent them from meeting their obligations under normal conditions will be considered grounds for the exemption of the parties’ obligations and shall result in the suspension thereof.
All events or circumstances that are unavoidable, external to the parties, unforeseeable, inevitable, or beyond the parties’ control, and that cannot be prevented by the parties despite all reasonable endeavors, are considered cases of force majeure. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually upheld by the jurisprudence of the French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, flooding, lightning, telecommunications network outages or problems with telecommunications networks beyond the customers’ control.
If either Party wishes to invoke the circumstances referred to above, they must immediately inform the other party of the occurrence of these circumstances, and subsequently of their disappearance.
The parties will work together to review the impact of the event and agree the conditions under which the performance of the contract will continue. If the case of force majeure lasts longer than three months, these terms and conditions may be terminated by the party adversely affected.
Should one or more stipulations of these terms and conditions be held to be invalid or be declared as such by application of a law, regulation, or final decision made by a competent court, the other stipulations will retain all their force and scope.
22. No Waiver
Should either party fail to take action against a breach by the other party of any of the obligations arising from these terms and conditions, this shall not be interpreted as a waiver of the obligation in question for the future.
23. Applicable Law and Dispute Resolution
These Terms and Conditions are governed by French law. In the event of dispute, an amicable solution will be sought before any legal action is taken. Failing this, any legal action shall be brought before the competent courts of the defendant’s place of residence.
For the attention of MASTRAD SA.
32 bis-34 Boulevard de Picpus
75012 Paris. France
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods below:
Ordered on (*)/received on (*) (Day / Month / Year) : ______/________/_______
Name of consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (only in the case of notification of this form on paper):
__________________________________ Date :________________