MFX GENERAL TERMS AND CONDITIONS OF SALE 2015
Article 1 - Introduction
The online store of the website Mfx.ascendeo was set up by the company ascendeo France, which is the operator of this website.
This document becomes a contract once you have checked the box "I accept the General Conditions of Sale". It sets the terms and conditions of relations that will be established between you and ascendeo France. We invite you to read it carefully.
Any order of a product appearing in the online store of the Mfx.ascendeo website assumes full acceptance of these Terms and Conditions.
Article 2: Definitions
ascendeo France: The company ascendeo France, simplified joint stock company with capital of 37,800 euros, whose registered office is 53, rue de Verdun in La Courneuve (93120) and registered within the RCS of Bobigny under number 307 301 135.
Terms and Conditions: These general conditions of sale.
Mfx.ascendeo: The http://mfx.ascendeo.fr website operated by ascendeo France and through which the latter proceeds to remote sales operations to individual consumers.
Operation: Any part of a remote sales operation carried out through the Mfx.ascendeo.
Consumer: The non-professional buyer of goods for personal use through the Mfx.ascendeo.
Client: the purchaser of goods via the Mfx.ascendeo.
Products: Goods sold by ascendeo France under the trademark Made for Xperia, which is a trademark of Sony Mobile licensed to ascendeo France, to Customers through the Mfx.ascendeo.
Article 3 - Use of the General Terms and Conditions
The Client can save or print out these Terms and Conditions, provided that both saving and printing the said document are his/her sole responsibility.
The Client, prior to his/her order, guarantees that the acquisition of the Products is not directly related to his/her professional activity, their acquisition being reserved for personal use from him/her. As a Consumer, the Client has specific rights, which would be challenged in the event that the Products acquired through the Mfx.ascendeo were actually related to his/her professional activity. Upon discovery by ascendeo France of the fact that a Client is not acting as a Consumer, ascendeo France will be liberated from any and all obligations contracted hereof.
We may change these terms and conditions at any time provided such modifications appear on our website. You are therefore advised to refer regularly to the latest version of the General Terms and Conditions permanently available on the Mfx.ascendeo website.
Article 4 - Purchase
We will respond to your order within the limits of our available stocks and subject to stocks available at our suppliers’. When ordering, we will inform you of the availability of the Products you wish to acquire.
However, if, despite our vigilance, the Products proved to be unavailable after your order, we will notify you by email and will invite you to cancel or change your order.
The data recorded by Mfx.ascendeo constitutes proof of the order. The data recorded by the payment system constitutes proof of financial transactions.
Article 5 - Price
The prices of our Products are indicated in Euros all taxes included, excluding shipping costs (except for special promotions). We reserve the right to change prices at any time but we are committed to apply the prices that were displayed at the time of your order. For orders to be shipped to a country other than France, you are the importer of the Products concerned.
Customs duties, other local taxes, import taxes or national taxes are likely to be due. These rights are not our responsibility.
You shall bear them and they are your responsibility both in terms of declarations and payments to the authorities and / or agencies of the country of destination. We advise you to inquire about these aspects with your local authorities.
Article 6 - Payment
Payment of the full price must be made when ordering. All orders are payable in Euros. To pay your order, you have all the means of payment stated within the order form: credit card (credit card, Visa). You guarantee to ascendeo France that you have the required permission to use the payment method chosen during the order registration. ascendeo France reserves the right to suspend or to cancel any order and / or delivery, whatever their nature and level of execution, in case of non-payment (or payment incident) of any due amount. The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof. ascendeo France reserves the right to request a photocopy of your identity card and / or bank receipt for any payment by credit card.
Article 7 - Delivery
To send you the ordered products, ascendeo France has chosen to work with La Poste’s mail services or by carrier.
Shipping deadlines that might be indicated during your order are indicative and represent only an estimate of the time usually required for our various partners to achieve a delivery. Consequently, exceeding the indicated period may not give rise to compensation or compensation whatsoever from ascendeo France and will not allow you to cancel your order and get a refund.
By exception, and in accordance with Article L114-1 of the Consumer Code, any order for Products worth more than 500 Euros will be delivered within thirty days when the Products were available within the meaning of Section 4 hereof, if no longer delivery or shipment deadline was indicated during your order. On exceeding such delivery date by seven days, except in case of force majeure as defined in Article 15 hereof, the Client Consumer may choose to cancel the order by informing ascendeo France of its decision, by sending a registered letter with acknowledgment of receipt no later than sixty days after the deadline for the scheduled delivery and provided that the sending of this letter intervenes before the shipment of the Products by ascendeo France. The price of the order will be refunded to the Client, without the latter being entitled to any other compensation, in accordance with the last paragraph of Article 15 hereof.
Article 8 - Retention of title
The delivered products remain our property until you have fulfilled all your obligations to us and in particular until full payment, plus interests, if any. This retention of title shall not prevent the transfer of risk to the Client on the conclusion of the contract.
Article 9 - Right of withdrawal
According to the Article L121-20 of the Consumer Code, the Client has of a period of seven clear days from the date of receipt to return the ordered Products for exchange or refund. Products must be returned to ascendeo France in their original state, both for products themselves and for their packaging, accessories of all kinds or instructions. Products that are incomplete, damaged or whose original packaging has been damaged, will not be refunded or exchanged. Reimbursement will be made, at the option of ascendeo France, by crediting your bank account or by addressed to you within 15 days of approving your claim.
Article 10 - After sales service
ascendeo France warrants the Products sold against defects in material or workmanship for six months from the date of delivery. To qualify for the guarantee of the Products, it is imperative to keep the invoice of purchase of the Product. Prior to any return of Product under the foregoing guaranty, a request shall be adressed to ascendeo France so that your request for return can be recorded and processed optimally by the after-sales service. For doing so, the Client will contact the customer service of Mfx.ascendeo by sending its request via email to the following address: firstname.lastname@example.org. The guaranty shall be, at our option, either to replace, to the exchange or to repair the Products. ascendeo France does not provide spare parts for Products sold on Mfx.ascendeo. Products are sent to us accordingly at your own expense. Any Product incomplete or damaged by the Client cannot be returned, refunded or exchanged under this guaranty. To be informed on the procedure to follow regarding the after sales services for any problem or failure on a Product, contact us.
In any case, the guaranty does not cover the replacement of consumables, abnormal and improper use of the Products, defects and their consequences due to the intervention of the Client or of an repairer not authorized by ascendeo France, defects and their consequences related to an improper use of the Product regarding its intened use (including professional or collective use, a use not complying with the instructions of the manual or package or a use with a product not designed to be used with the Product), the Products subject to an assistance and / or a specific maintenance.
Article 11 - Personal data
Collected data will be processed for your order to be dealt with, for the analysis of completed transactions and in order to fight credit card fraud. Data is received by ascendeo France and Sony Mobile.
Bank and credit card information will be dealt with by the company Paybox, RCS Versailles B 431 408 608, 11 A, rue Jacques Cartier 78280 GUYANCOURT.
The non-transmission of data related to your order prevents the execution and analysis of your transaction
In accordance with the “Informatique et Libertés” Act of 6th January 1978, you have the right to access and rectify your information. If you wish to exercise this right and access your information, please contact ascendeo France by letter to the mailing address.
Article 12 - Formation of contract
The contract is formed by the "click" done by the Client when validating the placement of his/her order, pursuant to Article 1316-4 of the Civil Code, the conditions precedent set out in Articles 8 and 13 hereof.
Article 13 - Order Confirmation
The contractual information will be confirmed via e-mail or, if not, to the postal address indicated by the Client within the purchase order no later than at the time of delivery. Some commands must be verified by our audit service. In such case you will receive an e-mail asking for the documents to be sent to definitively confirm your order.
Article 14: Proof of the transaction
The electronic records stored at ascendeo France’s and Paybox’s will be considered proof of communications, orders and payments between the parties.
The storage of purchase orders and invoices is made on a reliable and durable media that can be produced as evidence.
Article 15 - Limitation of Liability
Products offered for sale on the Mfx.ascendeo were imported (or manufactured) in France under the legislation in force. However, it is up to you to make sure of the legality of the use you wish to make of the Product. Thus, we assume no liability in the event that the delivered Product does not comply with the legislation of the country of delivery.
Responsibility for ascendeo France cannot be held on account of the breach of contract or of delay in its performance due to an event with the characteristics of force majeure as defined in the case law, including in the event of disruption or total or partial strike of postal services, means of transport and / or communication, including when resulting in Mfx.ascendeo being out of stock, unavailability of Products, inability to deliver the Product or any other consequences.
ascendeo France will in no case and for no reason whatsoever, be liable for consequential damages, including, and without the list being exhaustive, loss of data or files, and will not be liable for indirect or “ricochet” damages which might arise from the purchase of Products. It is the Clients responsibility to conduct all necessary safeguards to avoid such losses.
It is the sole responsibility of the Client to ensure, prior to his/her order, the compatibility of the Product he/she wants to buy the material with which he/she wants to use it. The total or partial impossibility of using the Products, e.g. for hardware incompatibility, cannot engage the responsibility of France ascendeo or give rise to any compensation or reimbursement.
In any event, and without it being possible to derogate from preceding paragraphs above, ascendeo France will be liable only up to the limit of an amount not exceeding the amount of the invoice price of the Products that directly caused the damage which compensation is claimed by the Client.
Article 16 - WEEE
ascendeo France has chosen the eco organism eco-systemes for the WEEE tax on products subject to it and introduced or imported in France by ascendeo France. Rates are available on the www.eco-systemes.fr website. ascendeo France bills WEEE taxes on the WEEE taxable products as billed by its French suppliers. The WEEE tax is not rebatable and not discountable.