General Terms and Conditions of sale

The company SARL MIX DIFFUSION (mentioned as THE SELLER) has entered the French Trade and Companies register under the Salon de Provence RCS number 433 498 441. The postal address is 405, Chemin de Girovaï 13650 MEYRARGUES and the electronic mail address is (mentioned below as THE SELLER’S ADDRESS).

Each order of a product displayed within the online shop (mentioned below as THE SELLING WEBSITE) implies the reading and accepting of the present general terms and conditions of sale. The click to validate the order implies a plain acceptation of the following terms. This click is valued as the ‘numerical signature’.

The goal of the current general terms and conditions is to define the rights and obligations of both parts as far as online selling of the goods displayed by THE SELLER to the consumer is concerned.
Order confirmation
The contract information will be confirmed by email at the address that was indicated by the consumer on the order form.
Transaction proof
The computerized records that are saved in THE SELLER’s computer systems in reasonably safe conditions, are considered communication, order and payment proofs that occurred between the two parts.

The order forms and invoices are archived on a durable and reliable support and can be produced as proof.
Informations about the products
No effort was spared to insure the accuracy of the information supplied on THE SELLING WEBSITE. Therefore, neither THE SELLER nor its suppliers are responsible of any consequence, incident, special damage resulting from electronic transmissions or from the accuracy of the transmitted information, even in the case where THE SELLER was aware of such damages. The names and brand names of products and manufacturers are only used for identification of the products. All pictures, descriptions and prices are non-contractual.
Supply price and validity date
Our prices are valid for the whole day.
Delivery conditions
Our products are delivered to the address indicated on the consumer’s order form, and only within the geographic zones we serve.
All our products leave the warehouse in perfect condition. The customer must alert the carrier (or mail man) of any evidence of shock (holes, smashing evidence…) on the parcel and, in the case where the parcel is indeed in a bad state, refuse to receive it. The very same product will then be sent to you, no charge added.
In case the damages resulting from transportation aren’t specified right away and the carrier isn’t alerted, the exchange cannot be free of charge.

Expeditions can be subject to delays, or get lost. In such case, we contract the carrier to initiate an investigation.
Every effort will be made, for as long as needs be, to retrieve the parcel. In the case where the parcel hasn’t been retrieved, the seller will be reimbursed by the carrier, and will send again an identical parcel to the customer.
We decline all responsibility regarding the extended delivery delays due to the carrier’s fault, ie in case of product loss, bad weather or industrial action.
Delivery issues accountable to the carrier
Regarding the delivery, any problem (damage, missing product, damaged parcel, broken products…) must be indicated on the proforma under “written reserve” plus the customer’s signature.

On top of this, the customer will have to confirm the damage to the carrier within two working days following the delivery, by registered post with acknowledgement of receipt and indicating the details of the claim.

The customer will also send a copy of the claim by mail to the SELLER’S ADDRESS. We will not be able to exchange the product without the mail.
Delivery errors
The customer has to alert THE SELLER on the very day of the delivery or on the day after the delivery at the latest, of any delivery mistake claim and/or non-conformity of the products in nature or in quality in relation to the information of the order form.

After this deadline, all claim will be refused.
The claim will be sent to the SELLER at the SELLER’S ADDRESS.

Any claim that doesn’t match these rules or isn’t made within the allowed time will not be taken and will free the SELLER of any responsibility towards the customer.

In the case of a mistaken delivery or exchange, all product to be exchanged or reimbursed will be returned to the SELLER in its whole and inside its original packaging and box, in spotless state to the SELLER’S ADDRESS.

A return will be accepted if it has been notified to the SELLER and was accepted for being returned. In this case, the customer will return the parcel to the rightful address.

The shipment fees are being charged to the SELLER, except for the case where the product does not match the original declaration made by the customer before sending the returned product.
Products warranty
The current legal provisions cannot deprive the customer from the legal warranty that obliges the professional seller to safeguard the customer for any consequence of hidden defects from the sold product.

The customer is hereby informed that the SELLER isn’t the manufacturer of the products displayed on the SELLER’S WEBSITE and the SELLER frees himself from any responsibility regarding a defective product.

As a consequence, in case of a damage caused to a person or material goods, only the manufacturer’s responsibility can be reached by the customer, based on the information displayed on the packaging of the very product.
Right of withdrawal
The right of withdrawal only applies to natural people.
As per articles L. 120-20, the customer can return an unfit product within 7 calendar days, at his own expense. This period starts on the day of the delivery.
Each return can be notified to the SELLER’S customer service. The product will be returned to the SELLER’S ADDRESS.

Any sensitive product will not be unsealed, so the customer can use his right of withdrawal.

Only the products sent back in whole will be accepted, inside their original package and intact, in perfect sell state. Any damaged product, or product which original package was deteriorated, will not be reimbursed nor accepted, nor exchanged. This right of withdrawal is used penalty-free, except for the shipment fees for the return. As far as the right of withdrawal is concerned, the customer has a choice for the return of his product. Either being reimbursed or get the product exchanged. If exchanged, the shipment fees payment fall on the customer.

In case of use of the right of withdrawal, the SELLER will do his best to reimburse the customer within a period of thirty days.
Rights of use
The use of brands displayed on the website is strictly prohibited.
Force majeure
In case of force majeure, neither part will have failed his/her contractual obligations in case their execution is delayed, impeded or prevented. Shall be considered as force majeure any irresistible fact or circumstance, outside the reach of both parts, unpredictable, inevitable, independent from the part’s wills and that cannot be impeded by them, despite all reasonable efforts.

The affected part will let the other know within a period of ten working days following the date he or she was advised.
Both parts will then contact each other in order to examine the consequences of the incident and agree on the following of the contract conditions, within a period of three months, except for the case where it is made impossible due to the force majeure incident.
If the force majeure incident lasts for more than a month, the current Terms and Conditions can be cancelled by the affected part.
The following examples are considered force majeure incidents or fortuitous occurrence, apart from those usually valid by the French law : carriers blockage, earthquake, fire, storm, flooding, lightning, telecommunication issue or difficulty because of the telecommunication network.
Part non-validation
If one or more conditions of the current Terms and Conditions are considered invalid or declared as such per law, rules or per final decision of jurisdiction, all of the other conditions will remain untouched.
No waiver
The fact that one of the parts chooses not to take advantage of the other’s failure to respect his or her obligations within the General Terms and Conditions of sale, cannot be interpreted in the future as a claim to a different failure.
Applicable law
The current Terms and Conditions are subject to the French Law. It is so for the content rules and the form of the rules.

In case of a claim, the customer will contact THE SELLER in priority to get an amicable solution.
Protection of your personal data
All data you send to THE SELLER are used to deal with your orders.
Under law nber 78-17 from January 6th 1978 related to IT, files and liberties, you are allowed rectification, consultation, modification rights, also the right to erase any data you have sent us. You can use this right online.
Any order made through the SELLER’S WEBSITE implies the customer’s agreement without restriction to the General Terms and Conditions of sale of the SELLER.

In case of sale to a legal person, any dispute regarding the sale (price General Terms and Conditions, products…) will be submitted to the French Rights in front of the French Commercial Court from where the SELLER’S head office is.