GENERAL TERMS AND CONDITIONS OF SALE

In force as of 05/08/2024

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the website www.mfspdesigns.com ("The Site")
The Products offered for sale on the site are as follows: custom-made kits containing the parts and components necessary for the assembly of passive audio selectors and switches to be assembled by oneself.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.mfspdesigns.com, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
The Product offers are within the limit of available stocks, as specified when placing the order.
These T&Cs are accessible at any time on the website www.mfspdesigns.com and will prevail over any other document.
The Customer declares having read these T&Cs and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website www.mfspdesigns.com
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
The Products presented on the website www.mfspdesigns.com are offered for sale worldwide.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

ARTICLE 2 - PRICES

The Products are supplied at the current prices listed on the website www.mfspdesigns.com, when the order is registered by the Seller.
Prices are expressed in Euros, VAT not applicable, article 293B of the CGI.
Prices take into account any reductions that may be granted by the Seller on the website www.mfspdesigns.com
These prices are firm and not revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - ORDERS

It is up to the Customer to select on the website www.mfspdesigns.com the Products that he wishes to order, according to the following terms:
The Customer chooses a Product that he puts in his basket, a Product that he can delete or modify before confirming his order and accepting these general terms and conditions of sale. He will then provide his contact details and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
The Product offers are valid as long as they are visible on the site, within the limit of available stocks.
The sale will only be considered valid after full payment of the price. It is up to the Customer to check the accuracy of the order and to immediately report any errors.
Any order placed on the website www.mfspdesigns.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

ARTICLE 4 - PAYMENT TERMS

The total price of the order is paid independently and after the online order is placed on the website www.mfspdesigns.com: payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order), or payment by Paypal account via a Paypal invoice sent to the Customer when placing the order).
After the online order has been placed on the website www.mfspdesigns.com by the Customer, an e-mail will be sent to the Customer with the payment information, depending on the option chosen when ordering: sending of bank details for payment by bank transfer, or sending of a Paypal invoice with link, for payment by Paypal account or credit card.
The price is payable in cash by the Customer, in full on the day the order is placed.
Payments made by the Customer will only be considered final after the Seller has actually collected the amounts due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 - DELIVERIES

The Products ordered by the Customer will be delivered to the address indicated when ordering.
Deliveries will take place within 2 to 8 weeks to the address indicated by the Customer when ordering on the site. The time frame depends on the products ordered and will be confirmed to the Customer and indicated in the email with the payment details that he will receive when ordering on the Site, and before payment and confirmation of the order.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time frames specified above.
If the Products ordered have not been delivered within 2 months after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are provided by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.
When the Customer has himself taken charge of using a carrier that he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to additional specific invoicing, on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. He has a period of 24 hours from delivery to make complaints by e-mail, accompanied by all the supporting documents relating thereto (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions. The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL

Given the personalized and/or tailor-made nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded upon placing the order by the Customer in accordance with the terms and conditions specified in these General Terms and Conditions.
However, the Seller may sometimes grant a request for withdrawal if the Customer requests it before the Seller begins to process his order, which generally corresponds to 24 or 48 hours.

ARTICLE 8 - SELLER'S LIABILITY

The Products supplied by the Seller benefit from: "the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order, "the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use

Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The good conforms to the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article 1641 of the Civil Code.
"The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it or would have paid a lower price for it, if he had known of them."
Article 1648, paragraph 1 of the Civil Code
"The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect."
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the item in question, if this provision is subsequent to the request for intervention. "
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of supporting documents.
Reimbursements, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 6 to 8 weeks following the Seller's discovery of the lack of conformity or hidden defect. This reimbursement may be made by bank transfer or check.
The Seller shall not be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and shall not engage the Seller's liability.
The Seller's warranty is, in any event, limited to replacement or the reimbursement of non-compliant or defective Products.

ARTICLE 9 - PERSONAL DATA

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. This personal data is collected solely for the execution of the sales contract.

9.1 Collection of personal data
The personal data collected on the website www.mfspdesigns.com are as follows:
When the Customer orders Products: Names, first names, postal address, telephone number and email address.
Payment: As part of the payment for the Products offered on the website www.mfspdesigns.com, it does not record any financial data relating to the bank account or credit card of the Customer / user, since the payment is made separately and completely independent of the website www.mfspdesigns.com. Only his name, IBAN number and/or Paypal account are recorded and stored.

9.2 Recipients of personal data
Personal data are reserved for the sole use of the Seller and the delivery company (COLISSIMO).

9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing
Unless the Customer expressly agrees, his personal data is not used for advertising or marketing purposes.

9.5 Data retention period
The Seller will retain the data thus collected for a period of 5 years, covering the limitation period of the applicable contractual civil liability.

9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alterations, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of the rights of Customers and users
In application of the regulations applicable to personal data, Customers and users of the site www.mfspdesigns.com have the following rights:
- they can update or delete data concerning them in the following manner: By requesting it by e-mail.
- they can delete their account by writing to the email address indicated in Article 9.3 "Data Controller"
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data Controller"
- If the personal data held by the Seller is inaccurate, they can request the updating of the information by writing to the address indicated in Article 9.3 "Data Controller"
- They can request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in Article 9.3 "Data Controller"
- They can also request the portability of the data held by the Seller to another service provider
- Finally, they can object to the processing of their data by the Seller
These rights, provided that they do not oppose the purpose of the processing, can be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Customer's request, the Customer must provide reasons.
The Customer is informed that in the event of refusal, he/she may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to check a box in which he/she agrees to receive informative and advertising emails from the Seller. He/she will always have the option to withdraw his/her consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the site www.mfspdesigns.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These General Terms and Conditions and the operations resulting from them are governed by and subject to French law. These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

ARTICLE 12 - DISPUTES

For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these General Terms and Conditions.
The Customer is informed that he may in any event resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is:
The Customer is also informed that he may also resort to the Online Dispute Resolution (ODR) platform: https:/webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.