Terms of Use and Sale
MIDIPOTI.COM – TERMS OF SALE
These conditions define the terms of sale (TOS) between MIDIPOTI and the User and regulate all the steps necessary for placing an order and its delivery.
Content
4.2 PLACING AN ORDER ON THE MIDIPOTI.COM SITE. 3
4.7 PAYMENTS IN SEVERAL TIMES. 4
4.8 PAYMENTS BY BANK TRANSFERS. 4
4.9 VERIFICATION OF CONFORMITY ON DELIVERY.
5.2 Calculation of the withdrawal period.
5.3 Withdrawal and refund procedure.
5.4 In the event of services already provided before the withdrawal request.
1. PARTIES
These general conditions of sale are concluded between: MIDIPOTI, a micro-company registred in France under the number SIRET 421 384 439 00046 and represented by its owner Mr Mehdi Touzani,
And
Any individual or entity visiting the MIDIPOTI.COM.COM Site, wishing or not to place an order, and having the legal capacity to do so, hereinafter referred to as “the User” or « the Customer »,
2. ACCEPTANCE OF THE TERMS
A finalized order implies full, entire and irrevocable acceptance of these Terms of Use / Conditions of sale (hereafter referred to « TOS »)
The User’s consent to the present TOS is expressed by the box “I accept the General Conditions of Sale” which appears at the end of the ordering process.
The applicable TOS are those in force on the day of the order made by the User. Any condition or clause contrary to the TOSopposed by any User or Client will be unenforceable against MIDIPOTI regardless of when it has been brought to its attention.
MIDIPOTI reserves itsright to update and modify thbe TOS without notice. If applicable, Users will be informed of significant changes to the Terms.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY
All texts, comments, illustrations, distinctive signs, photographs and images appearing on the Site are protected by the provisions of the Intellectual Property Code.
The design (graphic content) of each « flip-board », as well as photographies of the said flip-boards, are intellectual creations subject to intellectual property and copyrights.
Any use or reproduction, in whole or in part, on any medium and for any purpose and which has not been priorily accepted by Midipoti is prohibited and may be the subject of infringement proceedings and damages.
4. PRODUCTS AND SALES
4.1 Prices
Product prices are expressed in euros inclusive of all taxes, excluding delivery and transport costs.
The prices displayed on the description pages correspond to the unit price of the product or set of products.
Where appropriate, several identical or different products may form a set and be offered at a specific price as part of a temporary or permanent special offer.
Delivery charges, when applicable, are indicated in the order summary under the heading “delivery charges”.
MIDIPOTI reserves the right to modify the prices at any time. The products will be invoiced on the basis of the price displayed on the site and in force at the time of the order.
4.2 PLACING AN ORDER ON THE MIDIPOTI.COM SITE
A User must be registered to be able to place an order on the MIDIPOTI.COM Site. In addition, the User must:
- Check that his shopping basket contains the desired products
- Check the quantities requested.
- Specify the information required for delivery (door code, intercom, floor, mobile phone number).
The delivery address indicated when ordering must be as precise as possible in order to allow delivery of the order in the best conditions and as quickly as possible. Also, shipping costs are calculated according to the delivery adress.
MIDIPOTI cannot be held responsible in the event that delivery is impossible due to incorrect or incomplete information.
4.3 ORDER CONFIRMATION
After receiving an order, the User is informed in accordance with Article L.221-5 of the Consumer Code, with the information pertaining to his order :
- Information on the essential characteristics of the products ordered,
- The price of the product (s),
- The identification of the order number,
- The total amount of the order with ventilation between the amount and shipping cost or taxes.
4.5. DATE OF ORDER
The Date of the order is deemed to be the date of payment on the MIDIPOTI.COM Site. It is only after the order has been paid that it can be prepared and delivered.
4.6. ELECTRONIC PAYMENTS
Payment is made by card through our payment service provider(s) such as Paypal or Stripe.
Payment takes place directly between the User and the payment platform. MIDIPOTI does not have access to Users’ banking information or to their bank card number.
If the bank payment center concerned refuses, the order will be automatically canceled. In the event of an invalid payment, the User must contact their bank and / or MIDIPOTI’s customer service.
In the event of non-payment, the order will be canceled.
In the event of a fraudulent withdrawal, MIDIPOTI.COM reserves the right to take any legal action against the individual suspected of fraud or attempted fraud, without this qualification being restrictive or exhaustive, and this for all purposes authorized by law such as the reimbursement of sums due and direct and indirect damages and penalties at the legal rate the date of which is deemed to have started on the date of the fraudulent withdrawal, which the customer accepts without reservation.
4.7 PAYMENTS IN SEVERAL TIMES
Our payment service provider may propose customers to pay in several installments such as 3 or 4 installments.
MIDIPOTI does not decide if customers are or are not eligible to such services. All the conditions depend on the payment service provider.
The conditions of the credit payments are strictly managed between you and the service provider.
MidiPoti is not informed wether you have paid in full or by credit.
4.8 PAYMENTS BY BANK TRANSFERS
The Oder is deemed paid once the payment has been received on the bank account mentionned during the checkout process. Any bank fee is on the customer expense.
4.9 VERIFICATION OF CONFORMITY ON DELIVERY
In the event of non-compliance of the products delivered with the products ordered or with the delivery slip, the User must immediately submit complaints by email to the Customer Service of the MIDIPOTI Site in order to organize a refund or a replacement.
5. RIGHT OF WITHDRAWAL
5.1 Scope
In accordance with the provisions of Article L.221-18 of the Consumer Code, Customers benefit from a right of withdrawal, but which can be limited by the nature of the products or services.
Thus, THE CUSTOMER has a period of 14 (fourteen) days to exercise his right of withdrawal, but this period is not applicable for services already consumed or services already performed at the time of the withdrawal request, that is, that is to say those for which MIDIPOTI already performed all or part of the services ordered by the Customer.
5.2 Calculation of the withdrawal period
The 14-day period starts from the final validation of the order by the Customer, that is to say at the time of online payment, the date mentioned on the receipt and / or the order confirmation being taken as proof.
5.3 Withdrawal and refund procedure
To exercise his right of withdrawal, THE CUSTOMER must simply contact MIDIPOTI by email by making his request for withdrawal.
5.4 In the event of services already provided before the withdrawal request
In the event that all or part of the Service provided by MIDIPOTI for THE CUSTOMER has been performed before the end of the legal withdrawal period, it is expressly agreed that only the part of the Service not performed may be reimbursed to the Client.
If the entire service has been performed by MIDIPOTI, no reimbursement can be made, in accordance with Article L.221-18 of the Consumer Code. This applies even if the product has not yet been shipped but has been manufactured and is ready to ship.
5.5 Modalities
The refund is made within 1 month after receipt of the withdrawal request.
Shipping Costs, bank fees, and any fee or comission paid to a third party service in the normal course of operations is not refundable.
The reimbursement is made according to the appropriate means, left to the discretion of MIDIPOTI, and which may be a reimbursement by credit card or a transfer.
6. PRODUCTS ADMITTED TO RETURN POLICY
Products sold on stock are allowed the 14 days return from the order date.
- Limitations are the following :
- The return must be authorized with a Return Number otherwise it is not a valid return.
- Return cost is at the expense of the customer
- Shipping fees of the initial order are not refundable
- Bank fees or other payment services fees are not refundable
- The returned item must be in perfect condition once received by MidiPoti and must not have in a condition that forbids its sale.
- MidiPoti bares the shipping cost of replacement items.
7. PRODUCTS & SERVICES NOT REFUNDABLE ONCE MADE OR SHIPPED
Products or services which are made on demand or that require spending for a group of customer, are not refundable. This concerns the following products :
7.1 GROUP-BUY
The group-buy allows to pay suppliers which receive the payment. If the lot is of good quality, then we accept their work and cannot be refund. The accepted/delivered quality must conform the description of the group-buy, that the suppliers must execute.
Their is a guarantee of good execution for group-buys, meaning that the product can only be replaced in case of manufacturing defects, eventhough all boards all controlled individually for quality. But if a defective unit passes through, it is generally replaced if you request it quickly. In most cases, you do not need to send back the defective unit.
7.2 PROTOTYPES
Some prototypes may be sold occasionnally. In general, they contain « graphic errors» that do not concern the quality of the board, but the labels that may have minor errors. For exemple, an inversion of terms that is not very visible, or a term that has been « enriched » later with more graphics or words. A fair description explains why they are prototypes and the customer accepts the potential errors in exchange of a reduced price.
7.3 CUSTOMIZATIONS
Customisation of existing products requires more work than it seems. This type of work is made with a quote accepted by the customer and a downpayment. The last payment is due once the project is good to go as approved by the customer.
7.4 PRINT & CUT SERVICE
The print & cut service depends on the design of the customer. We ensure the best print quality and cutting and shipment. This service is executed and cannot be refund as long as the work has been well exeecuted. The customer receives a “good to print” request with pictures of prototypes so you know what you are getting.
8. INTEGRATION OF THE PRIVACY POLICY IN THIS TOS.
The Privacy Policy of the MIDIPOTI Site is an integral part of its general conditions of sale and can be consulted and downloaded at the address (https: // MIDIPOTI. com / privacy-policy).
For general information, it is recalled that MIDIPOTI undertakes to keep confidential the information transmitted by its Users. The latter benefit from a right of access, rectification and erasure of their data, through their customer account or an email sent to Customer Service at the address shown at the end of these Terms. MIDIPOTI reserves the right to ask the customer for proof of identity and / or a telephone number to confirm that he is the person making the request.
The purpose of the data collected is to be able to validate payments and make deliveries in accordance with these General Terms and Conditions of Sale.
9. NULLITY
The possible nullity of a clause of these TOSdoes not entail the nullity of all of the T & Cs, the clauses not canceled retaining their full effect. The temporary non-application of one or more clauses by MIDIPOTI cannot constitute a waiver on its part of these clauses.
10. NON-WAIVER
The fact that one of the parties does not invoke a breach by the other party of one of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the execution of the obligation in question.
11. APPLICABLE LAW
These GTC are governed by French law. In the event of a dispute, the parties will do their best to find an amicable agreement. If no agreement can be reached within two months. Otherwise, jurisdiction is assigned to the competent courts of Nanterre, France.