General Terms and Conditions of Sale

Article -1- Object and enforceability

1. The present General Terms and Conditions of Sale apply to the sale of any Products supplied by :

Magnetic Vitality via their website https://magnetic-vitality.com/

Hereafter the "Company" or the "Seller", with Customers having the status of consumers, namely any natural person acting for purposes that are not within the scope of his commercial, industrial, craft, liberal or agricultural activity, hereafter the "Customer".

2. Any Product Order implies the Client's unreserved acceptance and full and complete adherence to these General Terms and Conditions of Sale which prevail over any other document: catalogues, advertising, notices, unless the Company has expressly agreed otherwise beforehand.

3. The Company offers Magnetic Jewellery for sale.

4. The Company does not sell Products to minors. If the Client is under eighteen (18) years of age, he may only use the Site under the supervision of a parent or guardian.

5. The photos on the Site are non-contractual and may vary significantly from the models photographed. These variations are due to the settings parameters of the different screens and cameras, the lighting of the Products, the angle of the shot, etc.

6. The Company reserves the right to modify these General Terms and Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date of the Order by the Client.

Article -2- Customer contact

1. The Company's customer and after-sales service can only be reached by e-mail at support@magnetic-vitality.com. The Customer must indicate in the e-mail his first name, surname, the subject of his request and the number of his Order.

2. For any professional request (partnership, media, contract proposal), the Company can only be contacted by e-mail at support@magnetic-vitality.com.

Article -3- Definitions

"Client" shall designate any consumer Client having placed an Order.

"General Terms and Conditions of Sale" refers to this Sales Contract.

"Sales Order" shall designate any order placed on the Internet Site https://magnetic-vitality.com/ pertaining to the Products.

"Basket" shall designate all of the Products selected.

"Products" shall designate all goods offered for sale on the Internet Site. Each Product presentation sheet indicates the price, the possibility to contact our customer service department, the technical specifications of the Product, its availability in stock, and the opinions of other consumers, if any.

The "Company" refers to the Company Magnetic Vitality.

The "Site" refers to the website https://magnetic-vitality.com/, which is the exclusive property of the Company.

"Geographical Area of the Offer" refers to the entire country to which the Company offers the Products for sale and to which it delivers the Orders, namely the United States, Canada and Europe.

Article -4- Placing an Order

1. The Customer places the Order via the Site: the Customer registers and validates the Order on the Site.

2. To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalogue by clicking on the "Add to Cart" button. On the "Shopping Cart" page, the Customer can check the details of his Order and correct any errors before confirming it.

3. On the "Information" page, the Customer must enter their contact information. The Customer may choose to track his Order by e-mail by ticking the required box.

4. On the "Delivery" page, the Customer must choose the shipping method offered to him.

5. On the "Confirmation" page, the Customer must enter his bank details and the billing address. The Customer can also enter a promotional code if they have one.

6. A complete summary of the Order will appear. The Customer has the possibility to modify all the elements of the Order before finalisation. The Customer is responsible for any errors relating to the Order, the Products and contact information.

7. The sale is validly formed when the Customer has confirmed the Order by clicking on the "Finalise my Order" button, has accepted the General Terms and Conditions of Sale, and has proceeded to payment according to the terms and conditions he has chosen, subject to the exercise of the right of withdrawal.

The date of validation of the Order corresponds to the date of receipt of payment in cash of the total price including VAT duly recorded.

Article -5- Availability

Product offers are valid as long as they are visible on the Site, within the limit of available stocks, excluding promotional operations mentioned as such on https://magnetic-vitality.com/. In the event of unavailability of Products after the Order has been placed, the Company will inform the Customer by e-mail. The Order will then be automatically cancelled and the Company will reimburse the Client for all sums already paid within thirty (30) days of payment of the sums paid at the latest.

Article -6- Exercise of the right of retraction

1. For all distance selling operations, the Customer has a period of fourteen (14) clear days from the day after he takes possession of the goods or accepts the offer for a service, without justification or payment of penalties on his part. The exercise of this right terminates the present contract.

2. When the fourteen (14) day period expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the first following working day. The Client must inform the Company of his decision by sending the standard withdrawal form available here: https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397.

3. The Client then has a further period of fourteen (14) days from the communication of his decision to withdraw to return the goods to the Company at the address mentioned in Article 1. The Client must not return the Product to the manufacturer.

To do so, he may designate the carrier of his choice, ensuring that the handling and transport will be carried out in the best conditions. The protective packaging of the Products shall be at the expense of the Customer. The Company advises you to return the goods by registered mail or by post.

4. The cost of returning the Product shall be borne by the Client, as well as the risks associated with the transport of the Product, whatever they may be.

5. The Client shall be liable in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products, provided that the Company has informed the Client of his right of retraction.

Only Products in new condition returned in their original packaging will be accepted. In the event of depreciation of the Product, no return will be accepted.

6. Products unsealed after delivery by the Client cannot be returned.

Article -7- Refunds and fees

1. When the right of withdrawal is exercised, the Customer is entitled to the benefit of a refund of the totality of the sums paid.

An e-mail will be sent to the Client to confirm that the returned goods have been received and inspected by the Company. The Company will inform the Client of its decision to approve or reject the refund request.

Reimbursement will be made within fourteen (14) days from the date on which the Company is informed of the Client's decision to withdraw.

2. The Company shall make the refund using the same payment method as that used by the Client for the original transaction.

3. The exercise of the right of withdrawal within the legal time limits shall terminate the obligation of the parties to execute this contract, as well as any ancillary contract, at no cost to the Customer other than those relating to the return of the Products.

4. In the event of a delay in reimbursement, the Client should first contact the credit card issuer, then the bank and finally the Company at the following e-mail address: support@magnetic-vitality.com.

Article -8- Prices

1. The total price of the Order includes the price of the Products, including VAT, and the possible cost of delivery. All Orders are payable in Euros (€).

2. The Products are invoiced on the basis of the prices in force on the Site on the date of the accepted Order. Discount codes as well as promotions and sales are not cumulative.

3. Prices and tariffs may be revised at any time by the Company.

Article -9- Payment

1. By placing an Order, the Customer declares that it holds sufficient financial guarantees for its payment, and that it will actually pay the sums due when they fall due, in accordance with the law.

Invoices shall be paid in cash and upon validation of the Order in accordance with the means of payment freely chosen by the Customer.

2. Payment of the Order by the Customer may be made by :

  • Credit card (Carte Bleue, Visa, Mastercard or American Express): All credit card numbers are encrypted on 256 bits when the Order is placed. They are only decrypted on the payment processor's server. This information does not exist in clear text on any website and is therefore inaccessible to the Company and third parties.
In the case of payment by credit card, the card is only debited when the Order is validated. Payment shall be made in cash.


3. Bank cheques are not accepted.

4. Information relating to the purchase transaction is kept for as long as necessary to finalise the Order. Once the Order has been finalised, the information relating to the purchase transaction is deleted.

Article -10- Transfer of ownership and risks

1. The Customer acquires ownership of the Products ordered as and when the price is paid. Any non-performance by the Client of its payment obligation, for whatever reason, entitles the Company to judicially request the termination of this contract of sale and to demand the return of the Products.

2. Delivery means the transfer to the Client of physical possession or control of the goods. Any risk of loss or damage to the goods shall pass to the Client at the time when the Client or a third party designated by the Client, other than the carrier proposed by the Company, takes physical possession of the Products.

3.Where the Client entrusts the delivery of the Product to a carrier other than the carrier proposed by the Company, the risk of loss of or damage to the Product shall pass to the Client when the Product is handed over to the carrier.

Article -11- Delivery times

1. The delivery period is the period between the confirmation of the Order and the transfer of physical possession of the Product to the Customer, excluding installation or unpacking.

Delivery shall take place within the period indicated on the Order, except in cases of force majeure. In the absence of any indication as to the delivery date of the Product, the Company shall deliver the Product no later than thirty (30) days after the conclusion of the General Terms and Conditions of Sale

2. If delivery is not made within the period indicated by the Company, the Client may, after giving the Company formal notice, terminate the contract, or cancel the sale, by means of a notice of default or a written notice on another durable medium.

The contract shall be deemed to be resolved upon receipt by the Company of the registered letter informing it of such resolution, unless delivery has taken place in the meantime.

Article -12- Terms of delivery

1. Delivery shall be made to the address indicated by the Customer at the time of placing the Order. The Company may contact the Client to ensure that the contact details are correct.

2. If delivery cannot take place because of a data entry error made by the Client, the costs of reshipment shall be borne by the Client. In this case, the Company cannot be held responsible for any extension of the delivery time.

3. Delivery is made by a carrier and the delivery is made according to the carrier's specific terms and conditions.

4. Delivery is deemed to have been made as soon as the Products are physically handed over to the Client by the carrier.

It is the Client's responsibility to check the condition of the Product delivered in the presence of the deliveryman and, in the event of damage or missing items, to express reservations on the delivery slip, and possibly to refuse the Product and to notify the Company.

Article -13- Liability and legal guarantees

1. The Company is automatically liable to the Client for the proper performance of the obligations resulting from the General Terms and Conditions of Sale concluded at a distance, whether these obligations are performed by the Company itself or by other service providers and in particular by the carriers, without prejudice to its right of recourse against the latter.

2. However, the Company may exonerate itself from all or part of its liability by providing proof that the non-execution or poor execution of the General Terms and Conditions of Sale is attributable either to the Client or to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure.

3. When the Product presents either a lack of conformity or a hidden defect, the European Customer has the choice between the legal guarantee of conformity (a), provided for in articles L 217-4 to L 217-14 of the Consumer Code, and the guarantee against hidden defects of the item sold (b), provided for in article 1641 et seq. of the Civil Code.

a) Legal guarantee of European conformity :

The Company sells products in France and Europe, and is therefore liable for defects in conformity existing prior to the purchase of the Products sold, under the conditions of article L. 217-4 et seq. of the French Consumer Code.

This guarantee does not cover damage, breakages or malfunctions resulting from failure to observe the precautions for use.

Defects and deterioration of the Products delivered as a result of abnormal storage and/or conservation conditions at the Client's premises, in particular in the event of an accident of any nature whatsoever, shall not entitle the Client to the guarantee owed by the Company.

When the Client activates the legal guarantee of conformity, the Client :

  • benefits from a period of two (2) years from the delivery of the goods to act;
  • may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code ;
  • is exempt from having to provide proof of the existence of the lack of conformity for twenty-four (24) months from the delivery of the goods.

b) Legal guarantee against hidden defects

The Company is liable for hidden defects in the item sold - defects that render it unfit for the use for which it is intended, or that diminish this use so much that the Customer would not have acquired it, or would only have paid a lower price for it, if he had known about them - under the conditions provided for in articles 1641 et seq. of the Civil Code.

This guarantee does not cover damage, breakage or malfunction resulting from failure to observe the precautions for use.

Defects and deterioration of the Products delivered as a result of abnormal storage and/or conservation conditions at the Client's premises, in particular in the event of an accident of any nature whatsoever, shall not entitle the Client to the guarantee owed by the Company.

When the Client activates the legal guarantee against hidden defects, the Client :

  • benefits from a period of two (2) years to act from the discovery of the hidden defect.
  • may choose between cancellation of the sale involving reimbursement and return of the Product(s) or a reduction in the sale price in accordance with article 1642-1 of the French Civil Code.
  • must provide proof of the latent defect.


If the item is defective or damaged upon receipt of the Product, the Customer therefore has the option of choosing between replacement of the Product at no additional cost or a full refund of the purchase price.

In order to benefit from a full refund or replacement of the defective or damaged Product, the Customer must send his request to support@magnetic-vitality.com with one or more photos of the defective Product attesting to the facts.

 

Depending on the Customer's address, the time required to receive the exchanged Product may vary.

Products on sale or on special offer are reimbursed at the price that the buyer paid when placing the Order on the Site. Amounts deducted at the time of purchase by means of a promotional code and/or a price reduction following a promotion will not be refunded.

Article -14- Force majeure

1. In accordance with Article 1218 of the Civil Code, are considered as cases of force majeure or fortuitous events, events beyond the parties' control, which they could not reasonably be required to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence makes the performance of the obligations totally impossible.

2. The occurrence of a case of force majeure shall automatically suspend performance of the Order.

3. Beyond a period of ninety (90) calendar days, if the parties note the persistence of the case of force majeure, the Order may be cancelled by one of the parties and the sales contract terminated. To this end, the more diligent party shall send the other party a registered letter with acknowledgement of receipt denouncing the said contract of sale.

The effective date of the cancellation will be the date of first presentation of the letter. In this case, neither of the parties may claim damages, unless otherwise agreed by both parties.

Article -15- Intellectual property

1. All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright, trademark, image and patent law. No one is authorised to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, elements of the Site. Any single link or hypertext link is strictly forbidden without the express written consent of the Company. In all cases, any link, even tacitly authorised, must be removed at the request of the Company.

2. Only the use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorised.

3. Any total or partial reproduction of the Company's catalogue is strictly forbidden. Any other use constitutes an infringement and is punishable under the Intellectual Property Code unless prior authorisation is given.

Article -16- Processing of personal data

1) The Company collects the Client's data:

a) for the purposes of processing and tracking the Client's Order on its Site; (and/or)

b) for the purposes of contacting you in relation to various events relating to the Company, including in particular Product updates and customer relationship management; (and/or)

c) for the purpose of collecting information enabling us to improve the Site and our Products (in particular by means of cookies).
The data collected is processed by the contractual service providers of the Site who are in charge of packaging and distributing the Products ordered as well as by the hosting service provider Shopify Inc. Whose servers are secured and protected by a firewall.

2) The data collected is kept by the Company only for the time corresponding to the purposes of the collection above and which may not in any case exceed five (5) years.

3) In accordance with Law No. 2018-493 of 20 June 2018 relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the General Regulation on Data Protection (RGPD), the Customer has the right to access, modify, rectify, delete or oppose on legitimate grounds, his data.

4) The Customer may exercise his rights by e-mail to support@magnetic-vitality.com.

Article -17- Comments and other proposals from users

1. If the Client sends ideas, proposals, or other material, whether online, by e-mail, by post, or otherwise (collectively, "Comments"), whether or not at the request of the Company, the Client grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments sent to it by the Client.

2. The Company is not and shall not be required (1) to maintain the confidentiality of the comments; (2) to pay compensation to any person for any comments provided; (3) to respond to the comments.

3. The Company may monitor, edit or remove content that it believes, in its sole discretion, is unlawful, offensive, threatening, abusive, defamatory, libellous, pornographic, obscene or criminally objectionable, or infringes any intellectual property or these Terms and Conditions.

4. The Customer agrees to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. The Customer undertakes not to write in its comments any illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other related websites. The Client undertakes not to use a false e-mail address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of its comments.

5. The Client is fully responsible for the comments published and their accuracy. The Company assumes no responsibility and disclaims any liability for comments posted by the Client or third parties.

Article -18- Applicable Laws and Dispute Resolution

1. The General Terms and Conditions of Sale are subject to French law.

The Site reserves the right to take legal action against any attempt to make a fraudulent purchase or purchase with a prohibited or opposing bank card, stolen or falsified. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause in these General Terms and Conditions of Sale becomes null and void and unenforceable shall not call into question the validity of the other stipulations and shall not exonerate the Customer from the performance of his contractual obligations.

Indemnity

You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products and services, your violation of the Terms or your breach of your acknowledgements, agreements, representations, warranties and obligations hereunder.

2. Domestic or cross-border disputes that may arise in connection with the validity, interpretation, performance or non-performance, interruption or termination of this Agreement may be submitted to mediation at the request of the Customer.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator approved by the Commission d'Evaluation et de Contrôle de la Médiation de la Consommation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Clients, for a period of three (3) years from [01/05/ 2019].

3. The European Commission's website describes the mediation process used and allows Customers to file online a request for mediation with supporting documents.

4. In particular, the dispute cannot be examined by the Mediator if :

  • the Client does not justify having tried, beforehand, to resolve his dispute directly with the Company by means of a written complaint,
  • the application is manifestly unfounded or abusive,
  • the dispute has been previously examined or is being examined by another mediator or by a court,
  • the consumer has submitted his request to the mediator within a period of more than one year from his written complaint to the Company,
  • the dispute does not fall within its field of competence.

5. Mediation is free of charge for the Client. If at any stage of the mediation, the Client has recourse to a lawyer, a third party of his choice or an expert to defend him, he shall bear the costs alone.

6. The Mediator may not receive any instructions from the parties or be remunerated according to the result.

7. Participation in the mediation does not exclude the possibility of an appeal to a court of law. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent French court.

8. The Site reserves the right to initiate criminal proceedings against any attempt to make fraudulent purchases or to purchase with a prohibited or stopped credit card, stolen or falsified cheques. In this context, no attempt at amicable conciliation will be accepted.

9. The fact that a clause in these General Terms and Conditions of Sale becomes null and void and unenforceable shall not call into question the validity of the other stipulations and shall not exonerate the Customer from the performance of his contractual obligations.