All of this information is presented in French. The consumer declares to have the full legal capacity allowing him to engage under the present general conditions.
These General Conditions of Sale are applicable to all orders received from: September 1, 2014 .
Article 1: APPLICATION OF CONDITIONS
"the Seller" is defined below as "Best Trading Partners", with a capital of 5,000 dinars, whose head office is located on January 18, Tajerouine 7150 Tunisia,
"The Buyer" is defined below as being any natural or legal person, company, company, association or individual using the margoom.com site, signatory and accepting these general conditions of sale.
"the Site" is defined below as the website https://www.margoom.com and all its derivatives.
"the Product" is defined below as being the objects or services offered on "the Site" and their accessories.
The general conditions of sale apply exclusively to all sales concluded by MARGOOM both for its own account and for that of its principals. All other conditions are binding on the Seller only after written confirmation from him. The information given on the Site for catalogs, photographs, price list, notes, etc. are given only as an indication and may, as such, be modified by the Seller without notice. The mere fact of placing an order or accepting an offer from the Seller implies the unconditional acceptance of these general conditions of sale. These general conditions of sale may be modified at any time and without notice by MARGOOM, the modifications then being applicable to all subsequent orders. MARGOOM may occasionally need to modify certain provisions of its general conditions of sale, so we imperatively advise the Purchaser that they be reread before each order validation. The Buyer acknowledges being fully informed of the fact that his agreement regarding the content of these general conditions of sale does not require the handwritten signature of this document, insofar as the Buyer wishes to order the products presented on the site. The Purchaser is deemed to accept without reservation all the provisions provided for in these present general conditions of sale. All our sales are subject to French law. The Buyer acknowledges being fully informed of the fact that his agreement regarding the content of these general conditions of sale does not require the handwritten signature of this document, insofar as the Buyer wishes to order the products presented on the site. The Purchaser is deemed to accept without reservation all the provisions provided for in these present general conditions of sale. All our sales are subject to French law. The Buyer acknowledges being fully informed of the fact that his agreement regarding the content of these general conditions of sale does not require the handwritten signature of this document, insofar as the Buyer wishes to order the products presented on the site. The Purchaser is deemed to accept without reservation all the provisions provided for in these present general conditions of sale. All our sales are subject to French law. The Purchaser is deemed to accept without reservation all the provisions provided for in these present general conditions of sale. All our sales are subject to French law. The Purchaser is deemed to accept without reservation all the provisions provided for in these present general conditions of sale. All our sales are subject to French law.
The Consumer can save or print these General Conditions of Sale, provided however that they do not modify them.
Article 2: PURPOSE
The purpose of these general conditions of sale is to define the rights and obligations of the parties within the framework of the online sale of goods and services offered by the company MARGOOM Services to the consumer.
In this sense, they comply with the French regulations in force, namely:
- Law 2004-575 known as the Law for confidence in the digital economy.
- Law 2008-3 of January 3, 2008 for the development of competition in the service of consumers.
Article 3: CONTRACTUAL DOCUMENTS
This contract is formed by the following contractual documents, presented in descending hierarchical order:
- These general conditions of sale;
- Purchase order.
In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.
Article 4: ENTRY INTO FORCE - DURATION
These general conditions of sale come into force on the date of acceptance of the General Conditions of Sale from the order confirmation page.
Article 5: ORDER CONFIRMATION
Contractual information will be confirmed by e-mail at the time of delivery at the latest, to the address indicated by the consumer in the order form. Some orders must be verified by our verification department. In this case, you will be notified by email of the supporting documents to be sent to definitively validate your order.
Here are the different stages of buying a carpet:
- Add items to cart.
- Confirmation of the items in your basket.
- Creation of your account and delivery address.
- Selection of delivery method.
- Selection of payment method.
- Confirmation of your purchase, addition of comments and validation of the General Conditions of Sale.
- Return to the boutique.
Article 6: PROOF OF THE TRANSACTION
The computerized registers, kept in the computer systems of the company MARGOOM Services under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 7: PRODUCT INFORMATION
7-a - Characteristics MARGOOM presents on its site the products for sale as well as their detailed descriptions, in product sheets making it possible to comply with Article L 111-1 of the French Consumer Code, which provides for the possibility for potential consumers to know the essential characteristics of the products he wishes to buy before taking a final order.
MARGOOM will also make its best efforts to ensure that the color and pattern of the products, photos of which are displayed on the site, are faithful to the original products. However, MARGOOM does not master the technical limitations of color rendering of the consumer's computer equipment, MARGOOM cannot be held responsible for the inaccuracy of the photographs appearing on the site.
7-b- Unavailability In the event of unavailability of the product ordered, the consumer will be informed as soon as possible and can either replace the product ordered while benefiting from a discount, or he will then have the possibility of canceling his order. At any time, MARGOOM reserves the right to modify or no longer market the products offered on the site, these modifications having no impact on the orders that MARGOOM will have accepted before the entry into force of these modifications. .
7-c - Measures - Reasons - Materials
Warning ! Carpet measurements may vary when production is 100% manual. Be aware that the supplier then imposes a tolerance of 5% on all its products, in terms of color, density and size.
Smaller size rugs (70x140 and 90x160 cm) may differ from the model presented in our online catalog because manufacturing simplifications are possible.
On organic materials such as wool, it is possible that the carpet will break down at first, but over time the cleaning will decrease.
7-e: Samples Our samples are sold only for the purpose of appreciating the color and quality of a carpet.
Article 8: PRICES
Prices are indicated in Euros, presented including all taxes (All taxes included).
The price indicated on the product sheets does not include the transport costs which are calculated in the fourth step (selection of the delivery method) of the ordering process (indicated in article 5).
The price indicated in the order confirmation is the final price that the buyer will have to pay. This price includes the price of the products, handling, packaging and transport costs.
In the event of delivery of products outside French territory, customs taxes and formalities are the sole responsibility of the buyer, unless otherwise indicated. The buyer then undertakes to check the possibilities of importing the products ordered with regard to the territory of the country of delivery.
At any time and without notice, MARGOOM reserves the right to modify its prices. However, these modifications will not affect the orders that MARGOOM will have accepted before the entry into force of these modifications, subject to the availability of the products ordered.
Article 9: METHOD OF PAYMENT
9a - Different payment methods:
To pay for his order, the consumer has, at his choice, all of the payment methods mentioned below, namely:
- Bank card: Secure online payment is provided by La Poste Tunisie using its online payment solution p @ iement. (If during the debit of your card the recovery is not validated by the bank, we proceed to three attempts before canceling the order)
- Check: The delivery times begin to apply upon receipt of the check.
- Paypal: Online banking www.paypal.com .
- Transfer: The company's bank details are provided on request.
The consumer guarantees to the company MARGOOM Services that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.
MARGOOM Services reserves the right to suspend any order management and any delivery in the event of a refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment.
The company MARGOOM Services reserves the right in particular to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. 'administration.
Note that for a payment, whatever it is, if a deadline returns to us unpaid, a fee of 40 € HT . file processing will then be charged to the consumer.
Note that in the event of non-payment of the products, all reminder, registered or bailiff fees will be billed to the consumer.
Article 10: DELIVERY TERMS
The products are delivered in mainland France, Overseas Departments and Territories and Europe (contact us via the contact form for delivery in another country) to the address indicated by the consumer.
Upon receipt of this package by the carrier Write next to your signature (subject to unpacking due to impact on the package) , without this mention we are entitled to refuse any return for damaged product.
The consumer is required to check the condition of the packaging and the goods on delivery (torn packaging) and to refuse the package if the goods are damaged. Thank you to notify us of your refusal of the package by email, within 72 hours.
The responsibility of MARGOOM can not be engaged if the consumer accepts a damaged or missing product in transport.
The shipping of our products is done by the international carrier DHL
Appointment making and Distribution:
As soon as the parcel is taken over by the carrier, he will contact you by SMS. You can then set the date and time range of delivery of your choice.
The parcel is delivered against the signature of the recipient. In the event of absence, a transit advice note is left in the recipient's mailbox, who can then contact the carrier to set a new delivery date (beyond 2 missed deliveries, € 15 excluding VAT for transport costs will be charged to consumers)
In the event of loss or theft:
We open a complaint with the carrier, an investigation is then opened. We are awaiting the conclusions (48 to 72 hours) to compensate you or return the carpet to you.
Article 11: DELIVERY AND SHIPPING TIMES
Product shipping times are indicated on each product sheet under the basket button.
These times may vary between 48 hours and 90 days upon receipt of payment (the time varies depending on the product), these times take effect from the date of receipt of validation of the payment for your order.
We invite you to notify us of any delivery delay exceeding 7 (seven) days compared to the expected delivery date during the ordering process in order to allow us to start an investigation with the carrier. By express agreement, a case of force majeure preventing delivery cannot be attributable to MARGOOM. Strikes, total or partial stoppage of work at MARGOOM or at its suppliers or service providers, epidemics, war, requisition, fire, flood, interruption or delay in transport, are considered as force majeure or exceptional events by law, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or import of the goods, etc. The seller is released from all liability upon delivery. The seller will hold the buyer timely informed of the above-listed cases and events. In all cases, delivery on time can only take place if the buyer is up to date with his obligations to the seller, whatever the cause.
Article 12: DELIVERY PROBLEM DUE TO THE CARRIER
The consumer is required to check the condition of the packaging of the goods on delivery (torn packaging, damaged carpet) and to refuse the package if it is damaged. Thank you to notify us of your refusal of the package by email, within 72 hours. MARGOOM's responsibility cannot be engaged if the consumer accepts a product damaged by transport.
In accordance with article L.133-3 of the French Commercial Code, any reservation must be confirmed by registered letter to the carrier within 3 (three) days of receipt.
Any such reservation must also be notified to MARGOOM Customer Service within the same period by e-mail sent to. A copy of the complaint addressed to the carrier must be attached.
Any complaint formulated after this deadline or without respecting the required form will be rejected and MARGOOM will be released from any responsibility.
The deadline for reporting a delivery problem cannot exceed 4 weeks after the date of shipment.
Article 13: DELIVERY PROBLEM BY THE SELLER
Despite the care taken in the preparation of the orders, it is possible that a product is missing in this one, or that an error has occurred during the preparation.
If you notice such an error, please report it to us as soon as possible and if possible within 72 working hours of receipt of the order. This report can be made by email to the following address or by telephone on the following toll-free number: 01 84 25 35 50.
Article 14: PRODUCT GUARANTEE
In accordance with article 4 of decree n ° 78-464 of March 24, 1978, the provisions of these general conditions of sale cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects. of the thing sold.
In accordance with article L.217-7 of the Consumer Code, any lack of conformity which appears within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
A return against payment is excluded after the period of 14 days (see Article 15: Right of withdrawal).
MARGOOM as a professional seller guarantees that the products comply with the intended use, and do not present any defects or hidden defects making them dangerous or unfit for their normal use.
In the event of a product that does not comply with the information given during the presentation of the product on the site, and in accordance with article L.211-5 of the French Consumer Code, or if this product has hidden defects referred to in article 1641 of the French Civil Code, it will be refunded to the consumer.
MARGOOM undertakes to reimburse the consumer within a maximum period of 30 (thirty) days, subject to compliance with the conditions mentioned above.
The products are subject to the warranty conditions provided for by French law:
"Article L.211-4 of the Consumer Code: the seller is required to deliver compliant goods 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, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility ”
"Article L.211-5 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 with regard to public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between 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 L.211-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
" Article 1641 of the Civil Code: The seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given a lower price, if he had known them. "
" Article 1648, first paragraph 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 event of receipt by the Consumer of non-compliant Product (s) or containing a hidden defect, the provisions of Article 15 below apply.
Warning ! The color of the carpet visible on the photo of the product sheet prevails over the name of the colors that we associate with this carpet, which is given at our discretion.
Article 15: RIGHT OF WITHDRAWAL
In accordance with article L121-16 and 121-20 of the French Consumer Code, the consumer has 14 calendar days to inform us that the carpet does not correspond to his expectations .
However, MARGOOM offers exceptionally a trial period of 20 calendar days!
No reason will be requested and the cancellation of the order will be taken into account.
Before any return of product, the consumer must notify the request for withdrawal by mail
This condition does not entail the cancellation of the right of withdrawal
For custom rugs, the 20-day withdrawal period will not apply. For these rugs, the withdrawal period will be 3 days after the order. These made-to-measure rugs are indicated as "made-to-measure rugs" in the product description sheet.
Only products returned as a whole, in their original packaging, complete and intact, and in perfect condition for resale will be accepted . Any product that has been damaged will not be refunded or exchanged.
The consumer has 20 calendar days (non-working), after the notification of the right of withdrawal, to return the goods to us at our address. After this period MARGOOM reserves the right to refuse the goods and thus the withdrawal.
Address to return the items to:
Place 18 January
7150 Tajerouine Tunisia
This right of withdrawal is exercised without penalty, with the exception of:
1: the cost of returning the carpet;
2: shipping costs for the carpet; if and only if the consumer cancels his order during the transport period (from our warehouse to the delivery address provided) or refuses the carpet on delivery. Sending our order shipping email as proof.
In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of the sums paid, or the exchange of the product. In the case of an exchange, the re-shipment will be at the expense of the consumer.
In the event of exercise of the right of withdrawal, MARGOOM.com will make every effort to reimburse the consumer within 10 days.
The consumer will then be reimbursed under the same conditions as the initial payment: re-credit of his bank account (secure transaction) in the event of payment by bank card, re-credit of his paypal account in the event of payment by this means or by check in other cases.
In the event of repatriation of a carpet for an unjustified reason, a fixed penalty of 40 € will be charged to the customer in addition to the costs of repatriation of said carpet.
You are reminded that this right of withdrawal cannot be exercised for personalized or custom-made products.
Warning ! Please note that the measurements of a rug may vary when production is 100% manual. Be aware that the supplier then imposes a tolerance of 5% on all its products, in terms of color, density and size.
Article 16: RIGHT OF RESOLUTION
In accordance with Article L. 121-20-3 of the Consumer Code, we will indicate to you when ordering the maximum date of delivery thereof. In the event that this delivery date is exceeded by 7 working days (except in cases of force majeure within the meaning of the Law), you will have the option of resolving your order by Registered Letter with Acknowledgment of receipt within a period 60 days from the original delivery date. In this case, we will reimburse you for the total amount paid (excluding any return costs), and this within a maximum period of fourteen days following receipt of your LRAR.
Article 17: PARTIAL NON-VALIDATION
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.
Article 18: NON WAIVER
The fact that one of the parties has not demanded the application of any clause of these General Terms and Conditions of Sale, whether permanently or temporarily, it cannot in any case be considered as a waiver of that Party's rights under said clause.
Article 19: TITLE
In case of difficulty of interpretation between any titles appearing at the head of the clauses, and any clauses, the titles will be declared non-existent.
Article 20: APPLICABLE LAW
These general conditions of sale are subject to Tunisian law. This is the case for the substantive rules as for the formal rules.
The language of this contract is French. In the event of a dispute or claim, the consumer will first contact the company MARGOOM to obtain an amicable solution, if no amicable solution found, the Tunisian courts will have sole jurisdiction.
Article 21: COMPUTING AND FREEDOM
In accordance with the Data Protection Act dated January 6, 1978, you have the right to access, rectify, modify and delete data concerning you. You can exercise this right either by sending us a letter to the following address: MARGOOM - place 18 janvier 7150 Tajerouine Tunisie, or by sending an email to MARGOOM assures you of the non-disclosure of all personal data entered on this site.
Article 22: DATABASE
The databases are protected by the law of July 1, 1998 and the French and Community copyright regime.
Users undertake to refrain, with regard to the information they access, from any collection, capture, modification or use.
Any substantial duplication or extraction of the databases on this site is strictly prohibited.
Only a private copy of the content of the database reserved for the exclusive use of the copyist and on paper is authorized.
Article 23: IMAGES AND COPYRIGHT
The photographs presented on MARGOOM.com are the property of the Seller. They were created by the Seller himself and / or obtained as of right by:
Any unauthorized use is subject to the penalties provided for by law in the intellectual property code.