GENERAL TERMS AND CONDITIONS OF SALE AND GENERAL TERMS AND CONDITIONS OF USE
GENERAL TERMS AND CONDITIONS OF SALE OF THE MALFROID.COM WEBSITE JANUARY 2020
Please read carefully these General Terms and Conditions of Sale and General Terms and Conditions of Use of the malfroid.com website.
IDENTIFICATION OF THE SELLER
These General Terms and Conditions of Sale are those of the company MALFROID (hereinafter referred to as MALFROID SAS), a simplified joint stock company with a share capital of 1000 euros whose registered office is located at 7 rue Villebois Mareuil 75017 Paris-France, registered in the Paris trade and companies register. Its SIRET number is 84071064400013. Its telephone number is as follows: +33 (0)9 66 93 87 25.
SCOPE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The purchase of products offered on the website www.malfroid.com (hereinafter the “Site”) is subject to these general terms and conditions of sale of the Site (hereinafter the “General Terms and Conditions of Sale”).
The Site allows you to order from MALFROID SAS a selection of products of the MALFROID brand (hereinafter the “Product(s)”) online via the Internet.
The Products are exclusively intended to be sold to end consumers, whether individuals or legal entities, to the exclusion of all resellers or intermediaries acting on behalf of resellers. The resale or distribution of MALFROID products purchased on the Site is strictly prohibited. Therefore, the Customer affirms that he acts as an end consumer and that he does not intend to resell the MALFROID Products for commercial purposes; he certifies that he has the legal capacity to enter into the commitments provided for herein.
MALFROID SAS may update these General Terms and Conditions of Sale at any time. You can consult the version of the General Terms and Conditions of Sale in force at any time by contacting our Customer Service and by going to the “Legal Notices” section of the Site. The General Terms and Conditions of Sale in force at the time of conclusion of the sales contract are those that are binding on you.
ORDERING TERMS
The Site allows you to order a selection of Products from MALFROID SAS immediately online via the Internet for delivery to the territories specified in the article “Delivery area”).
You can also order by phone at +33 (0)9 66 93 87 25, Monday to Saturday (excluding public holidays), from 10:30 a.m. to 7 p.m.
The Site does not allow you to place special orders, which consist in particular in the creation of a Product that does not exist or no longer exists in the MALFROID collection, in the adaptation or customization of a Product from the MALFROID collections, or in the manufacture of the latter by MALFROID SAS. These General Terms and Conditions of Sale therefore do not apply to special orders. For any exceptional order, please contact our Customer Service or by phone at +33 (0)9 66 93 87 25, Monday to Friday (excluding public holidays), from 10:30 a.m. to 7 p.m.
PRODUCT AVAILABILITY
Our Product offers and prices are valid as long as they are visible on the Site, within the limit of available stocks. Errors or modifications may exceptionally exist, in particular in the case of simultaneous orders of the same Product by several Customers. In the event of unavailability of a Product after placing your order, we will inform you by email or telephone as soon as possible, offering you either to order another Product presented on the Site as a replacement, or to cancel your order. If you choose to cancel your order, you will be reimbursed if your bank account has been debited.
MALFROID SAS assumes no liability in the event of stock shortages or unavailability of Products for orders not yet accepted by MALFROID SAS.
MALFROID SAS reserves the right to change the Products offered on the Site at any time and without notice.
In order to ensure better quality of service and availability of our Products to all Customers of the Site, MALFROID SAS reserves the right to limit the quantity of Products that can be purchased by a Customer, in accordance with the applicable provisions in this area and in particular those of Article L121-11 of the French Consumer Code.
ORDERING PROCEDURE:
At any time, you can:
– Add Products to your selection by clicking on “Add to cart”, and choose to complete your purchases or continue browsing,
– View the selected Products by clicking on “My cart”.
By clicking on “My cart”, a summary page will automatically be displayed listing each Product selected on the Site, its photo, its colors and references, the chosen quantity, its unit price and the total price of your order. You must carefully check the exactitude of your selection before confirming your order. While every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to technical limitations of color rendering on your computer equipment. Consequently, MALFROID SAS cannot be held responsible for errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site. If you have any questions about the Products, you can of course contact our Customer Service.
After selecting the Product(s), you are invited to click on the “Pay for purchases” button to start the order process. By clicking on this button, you are asked to accept all of these General Terms and Conditions of Sale and Use as well as the Privacy Policy of the Europe Site.
Any order on the Site assumes that you provide accurate and complete information at the time of said order. The information requested will include: title, surname, first name, telephone number, email address, billing and delivery addresses.
Once this information has been entered, you will be prompted to select a payment method and enter the related information.
At the end of the order process described above, click on the “Proceed to order” button. The sales contract will then be definitively formed.
Once completed, your order is transmitted to MALFROID SAS for processing.
MALFROID SAS reserves the right not to accept an order from a Customer with whom it is in dispute for a previous order, or if MALFROID SAS reasonably believes that this Customer has violated these General Terms and Conditions of Sale or has engaged in fraudulent activity, or for any other legitimate reason.
A summary of your order will be sent to you by email. The acknowledgement of receipt will include the description of the Products purchased, the quantity, the total amount of the order as well as information relating to the cost and delivery time.
We advise you to keep this acknowledgement of receipt on paper or electronic media.
You have the option of creating an account in order to save the billing and delivery information for a future order. You will be asked to create your own password for future use of this account.
You undertake, under your sole responsibility, to keep these identifiers confidential and never to communicate them to third parties. Consequently, any purchase made using these identifiers will be deemed to have been made by you as the holder of these identifiers. In the event of loss, theft or any fraudulent use of your password, you undertake to immediately inform MALFROID SAS Customer Service.
You can deactivate your account at any time by sending an email to Customer Service by clicking on the “Contact” link and then selecting the subject “Online orders”. After deactivating your account, you are free to create a new account at any time.
The data recorded by the Site constitutes proof of all transactions between MALFROID SAS and its Customers. In the event of a dispute between MALFROID SAS and one of its Customers over a transaction carried out on the Site, the data recorded by MALFROID SAS is considered valid proof of the content of the transaction.
In accordance with Article L. 213-1 of the Consumer Code, when an order is for an amount equal to or greater than 120 Euros, MALFROID SAS keeps the written record of the contract concluded between MALFROID SAS and a Customer electronically for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from this date (in accordance with Decree 2005-137 of 16 February 2005). You then have access to this document at any time, upon request made to our Customer Service by telephone from Monday to Friday (excluding public holidays), from 10:30 a.m. to 7 p.m. or by e-mail by clicking on the “Contact” link then selecting the subject “Online orders”; and proof of your identity.
PRICES – ACCEPTED PAYMENT METHODS
The prices of the Products are indicated in euros, all taxes included.
The amount of your order includes delivery costs (see the article below “TRANSPORT COSTS”).
MALFROID SAS reserves the right to modify at any time and without notice the prices of the Products offered on the Site. The Products are invoiced on the basis of the prices displayed on the Site at the time of placing your order, subject to availability of the Products ordered at that time.
However, as soon as it appears obvious that a price displayed on the Site is incorrect and that this price could reasonably be identified as incorrect by a consumer, MALFROID SAS is not required to deliver the Product to you at the incorrect lower price, even after receiving the email confirming your order. Any order placed on the Site must be paid immediately when placing your order. We only accept payments by credit card.
You cannot use Customer credits issued by MALFROID stores or gift cards issued by MALFROID stores to purchase Products presented on the Site.
All orders are payable in euros and must be paid immediately when placing your order. The accepted credit cards are: MasterCard®, Visa®, American Express®, Maestro®. Your order will only be shipped after verification of your payment method and receipt of authorization to debit your card.
Your bank card or credit card will only be debited when your order is shipped. If certain Products ordered are unavailable, your order will be cancelled for all Products ordered and your bank card or credit card will not be debited. MALFROID SAS will then contact you.
RETENTION OF TITLE
The Products ordered remain the property of MALFROID SAS until full payment of the price by MALFROID SAS.
However, you assume the risks (in particular of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated when ordering.
DELIVERY AREA
The Products purchased on the Site cannot be delivered to all countries. If yours is not listed, please inform us.
For reasons, particularly security reasons, MALFROID SAS will not process any order for which a post office or PO box is provided.
The Products are shipped to the delivery address(es) that you indicated during the ordering process.
Some Products that are not available for ordering on the Site will be accompanied by the words “Available to order in store”. By clicking on “Contact the nearest store”, after selecting a store in the geographic area that interests you, you will be informed of the contact details, address, and opening hours of the store concerned.
TRANSPORT COSTS
Products will be delivered using the Colissimo / Chronopost courier service.
In the event of an automatic return of postal services due to “UNCLAIMED parcel”, the return costs are the responsibility of the customer. The return costs will be deducted from the refund if this has been requested by the customer.
In the event of a product exchange or refund request, the return costs will be covered by MALFROID SAS. (Excluding free delivery period)
DELIVERY TIMES
During the order process, we indicate the shipping times for the Products purchased and the chosen delivery country. The following delivery times run from the validation of your order.
Delivery in France: 4 working days, special order approximately 4 weeks
Delivery Europe 6 working days, special orders approximately 4 weeks
Subject to the provisions of the article “EVENTS OUTSIDE OUR CONTROL”, your Products are delivered in accordance with the times indicated above. However, these times may be extended up to a maximum of eight (8) working days. Sometimes, delivery delays may be due to (i) the geographical location of the delivery address and (ii) the availability of the express delivery service provided by the post office. We will do our best to inform you in advance if this is the case.
DELIVERY PROBLEMS
Any defect or delay in delivery exceeding the delivery times mentioned in the article “DELIVERY TIMES” must be reported to our Customer Service as soon as possible. Any claim made after fourteen (14) calendar days after the date of validation of your order cannot be taken into account.
In the event of non-compliance with the delivery time, you can cancel the order, simply by e-mail or registered letter to the following address:
MALFROID
7 RUE VILLEBOIS-MAREUIL
75017 PARIS
MALFROID SAS will then be required to reimburse you for all sums paid, at the latest within fourteen (14) days following the date of termination of the sales contract. If you nevertheless receive the Product after using this option, you must return it according to the return procedures provided for in the article “RETURNS-EXCHANGES-REFUND” below.
You must check the conformity of the Products at the time of delivery and indicate, if possible on the delivery note, in the form of handwritten reservations accompanied by your signature any anomalies noted (open package, damaged product, etc.).
You must then contact Customer Service by email, by clicking on the “Contact” link and then selecting the subject “Online orders”, or by telephone on +33 (0)9 66 93 87 25, from Monday to Friday (excluding public holidays), from 10:30 a.m. to 7 p.m. In the event of non-conformity of the Products purchased or if they do not satisfy you, you can return them or request an exchange or refund under the conditions provided for in the article “RETURNS-EXCHANGES-REFUND” below.
In the event of an automatic return of the postal services due to “UNCLAIMED package”, the return costs are the responsibility of the customer. The return costs will be deducted from the refund if this was requested by the customer.
RIGHT OF WITHDRAWAL:
Right and period of withdrawal: You have a legal right of withdrawal of a period of fourteen (14) days that you can exercise under the conditions provided for in Articles L221-18 and L221-20 of the Consumer Code, if you meet the conditions set out in these provisions, without having to justify reasons and without having to pay penalties. After this period, you will no longer be able to exercise your right of withdrawal.
Terms and conditions for exercising the right of withdrawal:
To exercise your right of withdrawal, you must, within the period of fourteen (14) days mentioned above:- either send to the following address: MALFROID 7 RUE VILLEBOIS MAREUIL 75017 PARIS (France) (i) the withdrawal form (attached below) duly completed or (ii) any other unambiguous declaration expressing your wish to withdraw;
– or send an email to Customer Service in which you clearly declare your wish to withdraw, by clicking on the “Contact” link then selecting the subject “Online orders”.
The Products must be returned, under the conditions detailed in the article “RETURN EXCHANGE AND REFUND”, either (i) at the same time as the notification of your decision to withdraw or (ii) within fourteen (14) days from the notification of your decision to withdraw.
c) Restrictions on the right of withdrawal:
In accordance with Article L121-28 of the Consumer Code, your right of withdrawal cannot be exercised for orders of Products that have been the subject of personalized marking. (personalization, shoemaking operation, etc.)
d) Consequence of the right of withdrawal:
As part of the exercise of the right of withdrawal or in the event of non-conformity, you can return the Product(s) purchased by requesting an exchange or refund under the conditions provided for in the article “RETURNS – EXCHANGES – REFUNDS”.
RETURNS- EXCHANGES-REFUNDS
To the Site: As part of the exercise of the right of withdrawal, the Products must be returned accompanied by their purchase invoice, or a copy in the event of a partial return, in their original condition and packaging, to the following address: MALFROID 7 RUE VILLEBOIS MAREUIL 75017 PARIS
Malfroid can provide a return voucher to the customer by requesting it by email via our contact form. (Outside the free delivery period)
You can return your package to the following address:
MALFROID 7 RUE VILLEBOIS MAREUIL 75017 PARIS France
As part of an exchange, MALFROID will take charge of the second shipment to the customer.
In the event of non-receipt, we advise you to take out the insurance offered by your carrier. MALFROID SAS will not be liable in the event of loss, sending to an incorrect address or late delivery of a Product that you wish to return to the Site, since the risks of the transport that you choose and initiate rest solely with you.
2) In the event of an exchange:
In the event of a request for an exchange, please contact Customer Service, in particular if you wish the Product(s) to be set aside for you.
If the amount of the Product(s) chosen as a replacement has a value greater than the amount of the Product(s) returned, you will have to pay the price difference in accordance with these General Terms and Conditions of Sale.
Return shipping costs are not covered by MALFROID but MALFROID will cover the second shipment to the customer.
If the amount of the Product(s) chosen as a replacement has a value lower than the amount of the Product(s) returned, the price difference will be refunded to you by MALFROID SAS (it being recalled that for gifts, only the Customer who purchased the gift can request a refund and have their bank account credited) in accordance with these General Terms and Conditions of Sale.
In the event of a return outside the European Union, MALFROID will not bear the various costs inherent to this return, such as shipping costs or customs fees.
Please note that the exchange will intervene within seventy-two (72) business hours from receipt of the product(s).
3) In the event of a refund request:
In exercising the right of withdrawal, the Products must be returned either (i) at the same time as notification of your decision to withdraw or (ii) within 14 days from notification of your decision to withdraw.
MALFROID SAS will ensure that the refund is made within 8 days from either (i) receipt of the Product(s), the date retained being that of the first of these facts. A confirmation email will be sent to you. Shipping costs are not refundable.
Please note, however, that your bank may take up to ten (10) business days to make a refund to your card, depending on processing times. This varies between card issuers, and we are unable to speed up this process beyond our control.
Reimbursement of purchases, not including the standard delivery costs of the initial order, will then be made using the same payment method used for the initial order in the same currency as that used by the Customer when paying for their order.
Under no circumstances will it be possible to assign you an electronic credit usable on the Site, and the Site will not issue a Customer credit to be used in a MALFROID store.
MALFROID SAS has full discretion to decide whether the Products are in their initial condition when they are returned.
MALFROID SAS will not be liable in the event of loss, sending to an incorrect address or late delivery of a Product that you wish to return, since the risks of the transport that you choose and initiate rest with you alone.
We do not offer the possibility of requesting the exchange or reimbursement of Products purchased in a MALFROID store from the Site.
4) At MALFROID stores
Any Product purchased (or received as a gift) on the Site (with the exception of a Product that has been personalized at your request) may be exchanged or be the subject of a Customer credit valid for one (1) year in our stores within 14 calendar days following the delivery date, under the following conditions:
– Returned Products must be in their original condition and packaging.
– Returned or returned Products must be accompanied by their purchase invoice or a copy in the event of a partial return. Please contact our Customer Service by email, Monday to Friday (excluding public holidays), from 10:30 a.m. to 7 p.m.
In order to request a refund for a Product purchased from the Site in exercise of your right of withdrawal, you must proceed as indicated above in the previous paragraph.
LEGAL GUARANTEES
The Products sold by MALFROID SAS are subject to the legal guarantee conditions provided for by Articles L 217-4 to L 217-14 of the Consumer Code and by Articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:
1) Legal guarantee of conformity:
MALFROID SAS will deliver to you a Product that complies with the contract and is free from defects in conformity upon delivery of said Product, in the sense that the Product will be suitable for the use usually expected of a similar good and that it will have the characteristics presented at the time of sale. MALFROID SAS is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been placed in its charge by the contract or has been carried out under its responsibility. This guarantee will only apply on condition that you request it within two years of delivery of the good. Any lack of conformity that appears within a period of six (6) months (period legally extended to twenty-four (24) months from March 18, 2016) from delivery are presumed to exist at the time of delivery, unless proven otherwise.
You may choose between repair and replacement of the Product unless one of these choices results in a manifestly disproportionate cost for MALFROID SAS. If repair or replacement of the Product is impossible, you may have the price paid refunded and return the Product or keep the Product and have part of the price refunded, unless the lack of conformity is minor. The refund of the price (total or partial), replacement or repair of the Product will be free of charge for you and do not prevent the possible allocation of damages if you are entitled to them.
2) Legal guarantee of hidden defects:
MALFROID SAS will provide you with a Product free of hidden defects that would make it unfit for the use for which it is intended, or that reduce this use so much that you would not have acquired it, or you would have paid a lower price for it, if you had known them.
This warranty will only apply if you request it within two (2) months of discovering the defect.
In the event of a hidden defect, you will have the choice of returning the Product and having the price and costs incurred by the sale refunded or keeping the Product and having part of the price refunded.
In all cases, it will be up to you to prove that it meets the conditions of the warranty.
In the event of a lack of conformity and hidden defects, you must return the Products to us at the following address: MALFROID 7 RUE VILLEBOIS MAREUIL 75017 PARIS
AFTER-SALES SERVICE AND AVAILABILITY OF SPARE PARTS
Any technically repairable Product benefits from an after-sales service. The terms and conditions applicable to MALFROID SAS’ after-sales service are available on the Site and accessible before purchasing the Product.
In the event of a lack of conformity and hidden defects, you must return the Products to us at the following address: MALFROID 7 RUE VILLEBOIS MAREUIL 75017 PARIS
AFTER-SALES SERVICE AND AVAILABILITY OF SPARE PARTS
Any technically repairable Product benefits from an after-sales service. For any repair, we thank you for contacting our Customer Service.
In accordance with Article L 111-3 al 1 of the Consumer Code, MALFROID SAS confirms that no period of availability of spare parts essential to the use of the Products is guaranteed. MALFROID SAS will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.
LIMITATION OF LIABILITY
Under no circumstances shall MALFROID SAS be liable for any damage that does not result from a breach by MALFROID of one of its obligations.
EVENTS OUTSIDE OUR CONTROL
We shall not be liable for any breach of our obligations under any circumstances or our inability to perform our obligations, where caused in whole or in part by a breach by you of any of your obligations under these terms of sale, including in particular by any failure or delay in payment or acceptance of delivery.
We shall not be liable for any failure or delay in the performance of any of our obligations under these general terms of sale that is caused by events beyond our control, such as strikes, lockouts or similar; terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or the impossibility of using public or private transport. We will inform you as soon as we can, if such a case arises, and our obligations under these general conditions of sale will be suspended for the period covered by the event. We will use our best efforts to put an end to such events or to find ways to perform our obligations despite such an event.
APPLICABLE LAW AND COMPETENT JURISDICTION
These general conditions of sale are governed by and interpreted in accordance with French law. However, pursuant to EC Regulation 593/2008 of 17 June 2008, these general conditions of sale do not prevent the application of a provision more favourable to the Customer, which cannot be derogated from by agreement, under the law of the country where the Customer has his habitual residence.
In the event of a dispute relating to the application and/or interpretation of these general terms and conditions of sale, the Customer may resort to a conventional mediation procedure or any other alternative dispute resolution procedure.
In accordance with Ordinance No. 2015-1033 of 20 August 2015 and Implementing Decree No. 2015-1382 of 30 October 2015, any dispute or litigation referred to as consumer disputes, subject to Article L.612-2 of the Consumer Code, may be subject to amicable settlement by mediation with the CMAP – Centre de Médiation et d’Arbitrage de Paris. To submit a dispute to the mediator, the Customer may (i) complete the form on the CMAP website: www.cmap.fr tab “you are: a consumer” (ii) send his request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. Regardless of the means used to contact the CMAP, the Customer’s request must contain the following elements to be processed quickly: his postal, email and telephone contact details as well as the full name and address of MALFROID, a brief statement of the facts, and proof of prior steps taken with MALFROID SAS.
Despite the above, in the event of a dispute, and in accordance with Regulation No. 1215/2012 of December 12, 2012:
– the Customer may refer the matter to either the court of his domicile or the French courts,
– MALFROID SAS may refer the matter to the court of the place of the Customer’s domicile.
In the event of a dispute relating to the execution of an order, if you are a natural person end consumer, you have the possibility of using a conventional mediation procedure or any other alternative dispute resolution procedure free of charge. If you wish, you may use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No. 524/2013. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. Mediation is an alternative mechanism that is not a prerequisite for bringing legal action.
APPENDIX: MODEL STANDARD WITHDRAWAL FORM
If you wish to exercise your right of withdrawal – in compliance with the conditions set out in the article “RIGHT OF WITHDRAWAL” of the General Terms and Conditions of Sale, you can use the form below:
Attention: MALFROID 7 RUE VILLEBOIS MAREUIL – 75017 Paris – France.
I hereby notify you of my withdrawal from the contract for the sale of the following product(s):
– Name(s) and reference(s) of the item(s):
– Ordered on:
– Received on:
– Order number:
Name of the Customer who placed the order:
Address of the Customer who placed the order:
Signature of the Customer if this form is notified on paper:
Date:
GENERAL TERMS AND CONDITIONS OF USE OF THE MALFROID.COM SITE
JANUARY 2019
The malfroid.com website (hereinafter the “Site”) is administered by the company MALFROID SAS, which publishes the Site.
Use of the Site and purchases of Products offered on the Site are subject to these general terms and conditions of use of the Site (hereinafter the “General Terms and Conditions of Use”). By using the Site, you acknowledge having read, understood and accepted without reservation these General Terms of Use. Similarly, by using the Site you acknowledge the confidentiality clauses of the Site (see below the article “Confidentiality Policy”).
MALFROID SAS may at any time modify and update these General Terms of Use and the Confidentiality Policy. The General Terms of Use and the Confidentiality Policy in force at the time of use of the Site are those that are binding on you. We advise you to keep yourself regularly informed of the conditions in force. You can consult the version of the General Terms of Use or the Confidentiality Policy in force at any time by contacting Customer Service or by going to the “GTC and CGU” and “Confidentiality Policy” sections of the Site located at the bottom of the page.
SECURITY AND CONFIDENTIALITY
The Site’s Privacy Policy (see “Privacy Policy”) governs the use of personal information communicated to MALFROID SAS on this Site. MALFROID SAS may modify its Privacy Policy at any time, as provided in this document.
The Site is not intended for minors.
INTELLECTUAL PROPERTY
All elements (brands, products, designs, models, illustrations, images, soundtracks, texts, logos, etc.) constituting the Site are the exclusive property of MALFROID, whose intellectual property rights attached thereto are its sole property. With the exception of the exceptions expressly provided for in the General Conditions of Use, you are prohibited from reproducing in whole or in part, by any means whatsoever, distributing, publishing, transmitting, modifying or selling all or part of the content of the Site, or creating derivative works from it.
More specifically, the brand “MALFROID” and all other brands and logos related to MALFROID, registered or not, displayed on the Site, as well as the domain name “malfroid.com” are and will remain the exclusive property of MALFROID SAS. Any reproduction, distribution, transmission, modification or use of these brands without the express prior consent of MALFROID SAS, for any reason whatsoever, is prohibited.
You are prohibited from removing any copyright, trademark or other exclusive rights notice from the Site or any content contained therein. You may make a single copy of the Internet pages published on the Site for your private, personal and non-commercial use, provided that any copy of these Internet pages retains all copyright and exclusive rights notices contained therein.
LINKS
The Site may contain links to third-party Sites not published or controlled by MALFROID SAS. Such links are provided only for the purpose of convenience; they cannot and should not be interpreted as an express or implied endorsement of these Sites, their content or any Product or service offered there. You may only establish a link to the Site with the express written permission of MALFROID SAS.
LIMITATION OF LIABILITY
MALFROID SAS shall not be liable to you or any third party for any indirect, incidental, special or consequential damages – which include, without limitation, any loss of profit or other indirect loss – resulting from your use of the Site or your inability to use it. This limitation of liability applies to the fullest extent permitted by law.
NO WARRANTY
MALFROID SAS cannot guarantee and affirm:
– That the Site is free of viruses, data overwriting programs, Trojan horses or other destructive material;
– That the information contained in the Site is accurate, complete or up to date.
The Site may contain technical inaccuracies or other defects, MALFROID SAS does not guarantee the correction of these defects. The Site and the content of this Site are presented “as is” and “according to availability”. MALFROID SAS expressly excludes any form of guarantee, and in particular, any implicit guarantee relating to the usual conditions of use of the Site or the suitability of the Site for normal use or specific use, its quality or compliance with any legal provisions. This limitation of liability applies to the fullest extent permitted by law.
APPLICABLE LAW – DISPUTES – ALTERNATIVE DISPUTE RESOLUTION METHOD
These General Terms of Use are governed by and interpreted in accordance with French law, in accordance with EC Regulation 593/2008 of June 17, 2008. These General Terms of Use are written in French.
In the event of a dispute relating to the use of the Site, you may use a conventional mediation procedure or any other alternative dispute resolution procedure.
However, pursuant to EC Regulation 593/2008 of 17 June 2008, these General Terms and Conditions of Use do not prevent MALFROID from complying with a provision that is more favourable to the customer and which cannot be waived by agreement, under the law where the customer has their habitual residence.
These General Terms and Conditions of Use are written in French.
In the event of a dispute, in accordance with Regulation No. 1215/2012 of 12 December 2012:
– You may refer the matter either to the court of the place where you are domiciled or to the French courts,
– MALFROID may refer the matter to the court of the place where you are domiciled.
MALFROID reserves the right to request and obtain injunctions or orders to defend its rights under these terms.
“SPONSORSHIP OFFER” RULES
The sponsorship offer is a one-off operation.
In store: any pair of shoes purchased entitles you to a sponsorship card to offer to a person who does not have a Malfroid customer account.
On the internet: any pair of shoes purchased entitles you to a sponsorship code to offer to a person who does not have a Malfroid customer account.
In both cases, the godchild – as part of a first shoe purchase – will be offered a pair of shoe trees.
Once validated, the sponsor will also be rewarded, with a choice of
A €30 credit on their next purchase
OR a pair of shoe trees on their next purchase.
In the event of loss of the card or code, no recourse is possible.
The card is valid only once and is kept by the store on the day of activation.
