LEGAL NOTICE
M-LINE LABORATORY
This site "www.aquateal.com" (hereinafter the "Site") is published by the company Laboratoire M-Line, SARL (Limited Liability Company) with a capital of € 30,000, registered in the Trade and Companies Register. companies from Châlons en Champagne under number 491 760 245 00028 and intra-community VAT number FR84491760245, whose head office is located at 39 rue du Nochet - 51300 Saint Amand - FRANCE
The site is hosted by ONLINE, a simplified public limited company, registered with the RCS Paris under number B 433 115 904, whose registered office is ONLINE SAS - BP 438 - 75366 Paris CEDEX 08. The publication director of the site is Mr. Yohann HERAULT The site editor is Mr. Yohann HERAULT. Any navigation on the Site implies acceptance of the following provisions:
INTELLECTUAL PROPERTY
The "www.aquateal.com" Site and each of its components are the exclusive property of LABORATOIRE M-LINE. In accordance with the laws governing intellectual property or other similar rights, any reproduction or representation, in whole or in part, of the Site or of any of its components, is strictly prohibited, as is their alteration. The use of all or part of the Site, in particular by downloading, reproduction, transmission or representation for purposes other than for personal, private and non-commercial use, is strictly prohibited.
OWNERSHIP ON TRADEMARKS
The brands, logos, service marks, industrial designs and all other signs, names or symbols that can be used for commercial or industrial purposes that appear on the " www.aquateal.com " Site are the exclusive property of LABORATOIRE M-LINE . Any reproduction or use of these trademarks, in any way and for any reason whatsoever, is prohibited.
CREATION OF HYPERTEXT LINKS TO THE AQUATEAL SITE
The creation of hypertext links to the " www.aquateal.com " Site cannot be done without the prior written authorization of LABORATOIRE M-LINE. LABORATOIRE M-LINE may, at its sole discretion, ask anyone to remove any link to the Site and, upon receipt of this request, said link must immediately be removed.
HYPERTEXT LINKS TO OTHER SITES
The Site may contain links to other sites. LABORATOIRE M-LINE cannot be held responsible for the layout or content appearing on or obtained through these sites.
COOKIES AND PRIVACY POLICY
Pursuant to the provisions of Directive 2002/58 / EC, LABORATOIRE M-LINE uses cookies for personal identification purposes. These cookies will remain stored on the Internet user's computer for five (5) years, unless the Internet user deletes them. All Internet users have the possibility of refusing these cookies by clicking on the "delete cookies" button in the Internet options / tab: confidentiality, knowing that the use of the Site may be limited. a cookie does not allow us to identify you. In general, it records information relating to the navigation of your computer on our site (the pages you have consulted, the date and time of the consultation, etc.) that we can read during your subsequent visits. When making contact with us, participating in contests or answering questionnaires, you have the possibility to leave us your contact details as well as personal information about you. We can then use this data in order to better inform you about our products, on the introductory offers, to communicate around any operation related to the contests, etc ... You can however not leave any information which could possibly have for consequence to deprive you of certain features of the site and / or commercial offers. The information thus collected will be kept strictly confidential by LABORATOIRE M-LINE, which will only affect it for its exclusive use. However, in the context of participating in our contests, you authorize us in the event of a win to communicate certain personal information on the site. When you register on this Site, you can choose not to receive commercial messages from us. You can change your preferences at any time by modifying your profile on request by e-mail. In addition, whether you are a registered user or not, you can also choose to no longer receive commercial messages from us at any time by sending us an e-mail to: info@laboratoire-cosmetique.fr. In accordance with article 27 of the French Data Protection Act of January 6, 1978, this site has been declared to the CNIL - dated March 6, 2013 - receipt of declaration n ° 1657432. You have the right to access and rectify your data, which you can exercise by writing to: LABORATOIRE M-LINE, Service Consommateurs, 39 rue du Nochet, 51300 Saint Amand or via e-mail: info @ laboratory-cosmetique.fr
Sharing information
AQUATEAL does not sell or disclose your personal data to third parties.
GENERAL CONDITIONS OF SALE LABORATORY M-LINE
1. Preamble
1.1. The LABORATOIRE MLINE Company operates a B to C electronic commerce space within its website www.aquateal.com. This service is for retail sale only.
1.2. Any order taking on this online sales area requires consultation and prior acceptance of these general conditions.
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1.3. The customer has the option of saving and printing these general conditions of sale using the standard functions of his browser or his computer.
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1.4. The customer declares to have obtained from LABORATOIRE MLINE all the necessary information regarding the use of the online sales space and the quantitative and qualitative characteristics of the products.
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1.5. The customer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten signature of this document.
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1.6. The customer also declares that the acquisition of the products is not directly related to his professional activity, their acquisition being exclusively intended for his private and non-professional personal use.
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1.7. As a consumer, the customer has specific rights, which would be called into question in the event that the products acquired within the framework of the website actually relate to his professional activity.
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1.8. The customer declares to be major or emancipated minor within the meaning of articles 476, 477 and 1124 of the civil code, and to have the full legal capacity allowing him to engage under these general conditions.
2. Definitions
The terms below will have the following meanings for the parties: - "Order form": dematerialized document which indicates the characteristics of the product ordered by the customer and which must be signed by him by the technique known as "positive double click" for engage him;
- “Order number”: number communicated by LABORATOIRE MLINE in the customer's order confirmation email;
- "Contractual partner": any partner of LABORATOIRE MLINE other than the stakeholders necessary for the order processing process, using personal data for commercial prospecting purposes;
- "Product": the term product designates the products offered for sale on the LABORATOIRE MLINE online sales area.
3. Purpose
3.1. The purpose of these general conditions is to define the rights and obligations of the parties in the context of the sale of products offered by LABORATOIRE MLINE on its online sales area, accessible on its website www.aquateal.com
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3.2. The fact for the buyer to order a product offered for sale on the site www.aquateal.com signifies the full and complete acceptance of these General Conditions of Sale which he acknowledges having read before his order.
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4. Contract documents
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4.1. The contractual documents are in order of priority:
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- these general conditions;
- purchase order.
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4.2. In case of contradiction, the higher ranking document will prevail.
5. Enforceability of the general conditions of sale
5.1. The version of the general conditions of sale opposable to the customer is that appearing on the site at the time of the validation of the order by the customer.
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5.2. The different versions of the general conditions of sale are archived by the Company LABORATOIRE MLINE.
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5.3. The documents appearing online in the LABORATOIRE MLINE Company's online sales area prevail over any paper version of an earlier date.
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5.4. The general conditions of sale may be modified or deleted at any time by the Company LABORATOIRE MLINE.
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5.5. These general conditions of sale are available in French.
6. Presentation of the products offered for sale
6.1. The LABORATOIRE MLINE electronic commerce space accessible at the address www.aquateal.com, mentions the following information:
- the name of the seller of the product, his telephone number, the address of his head office;
- the essential characteristics of the product offered for sale;
- delivery fees ;
- the terms of payment and delivery;
- the existence of a right of withdrawal;
- the period of validity of the offer and the price thereof.
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6.2. The customer acknowledges having, prior to placing the order, acquainted with all the information referred to in the first paragraph of this article.
7. Access to the online sales area
7.1. LABORATOIRE MLINE reserves the right, without notice or compensation, to temporarily or permanently close the website www.aquateal.com or access to one or more services such as the online sales area.
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7.2. LABORATOIRE MLINE is not responsible for any damage of any kind that may result from these changes and / or temporary unavailability or the definitive closure of all or part of the website or the services associated with it such as the online sales area.
8. Information technology and freedoms
8.1. The information requested by LABORATOIRE MLINE, in particular through the order form, is necessary for processing the order.
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8.2. In order to be able to update the personal data relating to the customer, the latter undertakes to provide at the request of the Company LABORATOIRE MLINE all the information which will be requested of it.
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8.3. The customer can write to the personal data service of the Company LABORATOIRE MLINE, the contact details of which are indicated in the legal notice appearing online on the site www.aquateal.com, to exercise their rights of access and rectification to the with regard to the information concerning him and appearing in the files of the Company LABORATOIRE MLINE under the conditions prescribed by the law of January 6, 1978 as amended.
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8.4. The information relating to your order is subject to automated data processing for which PAYPAL is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.PAYPAL and the merchant from whom you are making your purchase are the recipients of the data relating to your order. . The non-transmission of data related to your order prevents the realization and analysis of your transaction.In accordance with the Data Protection Act of January 6, 1978 you have, at any time, a right of access, rectification , and opposition to all of your personal data by writing, by mail or email and justifying your identity, in your PAYPAL account.
9. Order
9.1 Identification and acceptance of the general conditions of sale
1. The customer wishing to conclude these general conditions of sale undertakes to communicate in advance the information requested from the forms available online on the site www.aquateal.com.
2. The customer further certifies the veracity and accuracy of the information thus transmitted.
3. The contracting procedure includes the following steps:
- referencing of compulsory fields of identification and information forms; The customer can, at this stage, identify the errors made in entering his data and correct them;
- consultation of the general conditions of sale;
- acceptance of all the general conditions of sale by validating the order.
- possibility for the customer to place an order;
- the PAYPAL Company acknowledges receipt of the customer's order without delay and electronically.
4. The customer is informed that these general conditions are archived by the Company LABORATOIRE MLINE, and that he can access the archived contract. To do this, he must send a registered letter with acknowledgment of receipt to the Company:
MLINE LABORATORY - AQUATEAL
39 rue du Nochet
51300 St Amand sur Fion
Phone: +33 3 26 73 91 57
Company registered in the Chalons Trade and Companies Register: 491760245
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9.2 Order taking
1. Orders placed by the customer are done through dematerialized order forms.
2. Any order form signed by the customer by “double click” constitutes an irrevocable acceptance, which can only be called into question in the cases exhaustively provided for in these general conditions in the articles “Right of withdrawal” and “Execution of the contract. ordered ".
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3. All prices indicated on the site are inclusive of all taxes.
Delivery costs of € 7 including tax will be invoiced below a global order of € 25.
From 25 € per order, delivery costs are free.
9.3 Right of withdrawal
1. In accordance with Article L. 221-24 of the Consumer Code, the customer has a period of 14 working days from the day of receipt of his package to exercise his legal right of withdrawal, ie to return, at his expense, the products are not suitable.
In the event of a multiple order, in other words an order of several products, the withdrawal period will run from receipt of the last product.
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2. He is not obliged to justify his withdrawal, he may nevertheless, inform the company LABORATOIRE MLINE via the withdrawal form downloadable from the site www.aquateal.com
He will receive by email an acknowledgment of receipt from the company LABORATOIRE MLINE indicating to him that his withdrawal has been taken into account.
3. The product must be returned to LABORATOIRE MLINE in its original packaging and the product must remain marketable, so that the customer can benefit from the right of withdrawal. The Product must be returned to:
MLINE LABORATORY - AQUATEAL
39 rue du Nochet
51300 St Amand sur Fion
4. This right of withdrawal is exercised without penalty.
5. In the event of the exercise of the right of withdrawal, the customer can request an exchange, a credit note or the reimbursement of the sums paid. This reimbursement will be made as soon as possible and at the latest within 14 days following receipt by LABORATOIRE MLINE of the returned package.
9.4 Refund
1. Any refunds will be made automatically upon return of the products ordered in their original packaging and the product must not have been unsealed or opened.
The corresponding sums will be sent to the customer for reimbursement via a means similar to payment, or without causing additional costs for the customer.
2. Return shipping costs are the responsibility of the buyer.
9.5 Execution of the order
1. The order will be executed at the latest within an indicative period of 30 days from the day following that on which the customer placed his order.
2. In case of unavailability of the ordered product, the customer will be informed as soon as possible and will have the possibility to change the product, to cancel his order or to be reimbursed for any sums paid, within 14 days at the latest. their payment.
3. In addition, the LABORATOIRE MLINE Company informs its customer that in the event of unavailability of stocks, the LABORATOIRE MLINE Company may temporarily close its online sales area and may indicate a date for reopening this area.
4. During the closing time of the online sales area, the customer will not be able to order products.
9.6 Delivery
1. The products are delivered to the address indicated by the customer on the order form.
2. When the customer orders several products at the same time, the LABORATOIRE MLINE Company reserves the right to split shipments or, on the contrary, to group together several orders from the same customer with the same delivery address.
3. The customer can request on line on the space of the shop dedicated for this purpose, to the Company LABORATOIRE MLINE the sending of an invoice to his delivery address or to any other address of his choice.
9.7 Method of payment
1. To pay for his order, the customer has his choice of all the payment methods referred to in the order form.
2. In the event of payment by credit card on this site, LABORATOIRE MLINE uses the security system of PAYPAL, a service provider specializing in securing online payments. We guarantee the total confidentiality of your banking information, secured by the SSL (Secure Socket Layer) protocol, which automatically checks the validity of the access rights during your payment by credit card and encrypts all exchanges in order to guarantee the confidentiality.
3. The bank transaction by credit card, carried out between the customer and the secure system is therefore fully encrypted and protected. This means that the information related to your order and the number of your bank card do not circulate unencrypted on the internet. The customer's bank details are not stored electronically at the LABORATOIRE MLINE Company.
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10. Price
10.1. The prices relating to the ordering of products are indicated on the online sales area dedicated for this purpose.
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10.2. The prices are displayed in euros, in amount including tax
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10.3. These prices take into account the delivery costs.
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10.4. The prices take into account the VAT applicable on the day of the order and any change in the rate applicable to the VAT will be automatically reflected in the prices of the products in the sales area.
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10.5. In the event of an order to a country other than mainland France or the European Union, you are the importer of the product (s) concerned. For certain products shipped outside the European Union and DOM-TOM, the price will be calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the LABORATOIRE MLINE Company. They will be borne by the customer and are his sole responsibility, both in terms of declarations and payments to the competent authorities and / or bodies in his country.
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10.6. All orders regardless of their origin are payable in euros.
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10.7. LABORATOIRE MLINE reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of order entry.
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11. Legal guarantee of conformity / AFTER SALES SERVICE / GUARANTEES
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11.1 After-sales service and availability of spare parts
For any questions regarding the delivery of your order, please contact our Consumer Service on 0326739157 or by email at contact@aquateal.com (Opening hours: Monday to Thursday from 9 a.m. to 6 p.m., Friday from 9 a.m. to 5 p.m.).
In accordance with article L 111-3 of the Consumer Code Laboratoire MLINE indicates that the period of availability of spare parts for products sold on the site is 6 years for products guaranteed for 5 years and 3 years for products guaranteed 2 years.
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11.2 Guarantees
Any lack of conformity of the Products purchased on the website are guaranteed by Laboratoire MLINE under the conditions of Article L. 217-4 and following of the Consumer Code and hidden defects of the item sold under the conditions provided for in the articles. 1641 and following of the Civil Code. These guarantees are independent of any additional commercial guarantee that may be granted and applied in accordance with the MLINE Laboratory General Guarantee Conditions.
As part of the implementation of the legal guarantee of conformity, the buyer:
- Benefit from a period of two years from the delivery of the property to act;
-may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code (which provides that if this choice entails a manifestly disproportionate cost for Laboratoire MLINE with regard to the other modality, taking into account the value of the good or the importance of the defect);
-is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. But, the seller can fight this presumption if it is not compatible with the nature of the good or the lack of conformity.
The purchaser can also decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the civil code. He can then choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
This legal guarantee of conformity applies independently of the commercial guarantee which may be granted by Laboratoire MLINE for certain products and which is governed by the General Conditions of Guarantee for Laboratoire MLINE.
In the event that the guarantee of conformity is implemented, Laboratoire MLINE will reimburse the delivery costs as well as the costs of returning the Product. If the Product cannot be repaired, Laboratoire MLINE will suggest a replacement to the Customer. If the Customer returns their item for repair or replacement, delivery of the new item will be free. The Products are returned to Laboratoire MLINE under the responsibility of the Customer. Laboratoire MLINE cannot be held responsible for returned products that have been lost or damaged during shipment.
In case of receipt of defective or damaged Products, please contact our Consumer Service on 0326739157 or by email at contact@aquateal.com (Opening hours: Monday to Thursday from 9 a.m. to 6 p.m., Friday from 9 a.m. to 5 p.m.).
Laboratoire MLINE will bear all the logistical costs associated with their exchange.
Legal provisions relating to the guarantee of conformity and against hidden defects in the item:
Article L217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the good must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-6 of the Consumer Code
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them.
Article L217-7 of the Consumer Code
Defects of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L217-8 of the Consumer Code
The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.
Article L217-9 of the Consumer Code
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-10 of the Consumer Code
If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same faculty is open to him:
1 ° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer's complaint;
2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use which it seeks.
The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
Article L217-11 of the Consumer Code
The application of the provisions of articles L. 211-9 and L. 211-10 takes place at no cost to the purchaser.
These same provisions do not preclude the award of damages.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him. by the law.
Article L217-14 of the Consumer Code
The recourse action can be brought by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1642 of the Civil Code
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1643 of the Civil Code
He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned, as it will be arbitrated by experts. .
Article 1645 of the Civil Code
If the seller was aware of the defects in the thing, he is liable, in addition to the restitution of the price he received, for all damages towards the buyer.
Article 1646 of the Civil Code
If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1647 of the Civil Code
If the item which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable towards the buyer for the restitution of the price and the other compensation explained in the two preceding articles.
But the loss occurring by fortuitous event will be for the account of the buyer.
Article 1648 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.
Article 1649 of the Civil Code
It does not take place in sales made by authority of justice.
12. Convention of proof
12.1. The computerized registers kept in the computer systems of the Company LABORATOIRE MLINE, will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties.
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12.2. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
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13. Respect for the integrity of the elements accessible on the online sales area
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The customer undertakes not to damage, illegally access or modify the data stored on the website of the Company LABORATOIRE MLINE under penalty of criminal prosecution.
14. Intellectual property rights
14.1. The elements belonging to the LABORATOIRE MLINE Company, such as the website, brands, designs, images, texts and the design of the product are the exclusive property of LABORATOIRE MLINE, or have been transferred to it.
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14.2. These general conditions of sale do not imply any transfer of any kind of intellectual property right on the elements belonging to the Company LABORATOIRE MLINE (sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos ...) for the benefit of the customer.
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14.3. The customer agrees not to infringe directly or indirectly the property rights of the Company LABORATOIRE MLINE.
15. Independence of the parties
15.1. Neither party will make any commitment in the name and on behalf of the other.
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15.2. Each party remains solely responsible for its actions, allegations and commitments.
16. Force majeure
Cases of force majeure will suspend the execution of the online sales area
17. Law
These general conditions of sale are governed by French law. 2. This is the case for the substantive rules as well as for the formal rules.
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18. APPLICABLE LAW / JURISDICTION / ALTERNATIVE MODES OF SETTLEMENT OF DISPUTES
18.1. Applicable law
These GTC are subject to French law.
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18.2. Attribution of jurisdiction
In the event of any difficulty arising in connection with the interpretation or execution of these GTCS, and the ordering or delivery of items sold on the Site, the Customer will first contact the MLINE Laboratory to seek a solution. amicable solution.
The Customer has the possibility to present any complaints on the dispute resolution platform put online by the European Commission at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm? event = main.home.show & lng = FR . The European Commission will transfer the Client's complaint to the notified competent national mediators.
The Client may also resort to any other alternative dispute resolution method.
Notwithstanding the foregoing, in the event of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000, the French courts will have jurisdiction:
- you can enter either the court of the place where you are domiciled, or the court of the place of the head office of the MLINE Laboratory,
- The MLINE Laboratory may apply to the court for the place where you are domiciled.
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18.3 Consumer mediator
“In the event of a dispute between the professional and the consumer, the latter will endeavor to find an amicable solution.
In the absence of an amicable agreement, the consumer has the possibility to refer free of charge to the consumer mediator to which the professional belongs, namely the Association of European Mediators (AME CONSO), within one year of the complaint. written to the professional.
The referral to the consumer mediator must be made:
- either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
- or by letter addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS. "
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