Terms of Sales

Preamble

The merchant site www.malea-massage.com (hereinafter referred to as the “Site”) is an electronic commerce site accessible via the Internet network, open to any user of this network (hereinafter referred to as “Internet users”). It is published by the company "MALEA" (hereinafter referred to as "Malea"), whose head office is located at 5 impasse de la Colombette, Bureau 3, 31000 Toulouse, registered in the Trade and Companies Register under number 828 344 325.

Malea's offices are located at 5 impasse de la Colombette, bureau 3, 31000 Toulouse.

The Site allows Malea to offer for sale massage equipment and accessories manufactured by and/or for Malea or its possible commercial partners (hereinafter referred to as the "Products") to Internet users browsing the Site (hereinafter referred to as “Users”). For the application of these terms, it is agreed that the User and Malea will be collectively referred to as the "Parties" and individually referred to as the "Party", and that the User having validated an order will then be referred to as the "Buyer". The rights and obligations of the User necessarily apply to the Buyer.

The User who would like to purchase on the Site declares that they are purchasing the material from the Site as part of their professional activity and have full legal capacity to do so. However, a person incapacitated within the meaning of Article 1123 et seq. of the Civil Code, if he or she cannot purchase on the Site in any way and therefore acquire the status of Buyer, may be a User of the Site. Consultation of the Site and the services it offers are then the responsibility of its legal representative. This legal representative is required to respect these stipulations. In any case, when transmitting personal data, the legal representative must compile the registration form himself or expressly authorize the minor to complete said form, the stipulations relating to personal data as provided for in article 7. below of course finding application.

Any order for a Product offered on the Site requires consultation and express acceptance of these general conditions of sale, without however this acceptance being conditioned by a handwritten signature on the part of the User. In accordance with the provisions of articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, taken for the application of article 1316-4 of the civil code and relating to electronic signature, Please note that the validation of the purchase order as specified in article 3.3. below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and constitutes proof of the entirety of the order and the payability of the sums due in execution of said order.

Hypertext links may refer to websites other than this one. Malea disclaims all liability in the event that the content of these websites contravenes the legal and regulatory provisions in force.

Furthermore, Malea points out that any creation of a hypertext link to the home page of this Site or any other page of the Site is subject to the express, prior and written agreement of Malea.

Finally, it is specified that the User can save or print these general conditions of sale, provided however not to modify them.

This Site is hosted by Heroku Inc, 650 7th St, San Francisco, CA 94103.

Article 1: object

The purpose of these general conditions of sale is to define, exclusively on the basis of the relationships they establish on the Internet, the rights and obligations of the Parties arising from the online sale of the Products offered on the Site.

These apply to the exclusion of any other document, in particular the general conditions of sale appearing in the catalog of Products distributed by post by Malea.

Article 2 - Products and prices

2. 1 Products

The Products offered for sale by Malea are those which appear on the Site, on the day the User consults the Site and while stocks last.

In the event of unavailability of one of the Products, the Buyer will be informed at the latest upon delivery of the order. It is already specified that Malea may substitute the unavailable Product(s) with similar Product(s), of at least equivalent value. If he wishes not to exchange the unavailable Product(s), the Buyer will have the possibility of obtaining a refund for the unavailable Product(s).

Photographs and texts illustrating the Products do not fall within the contractual scope. If these photographs and/or texts were erroneous, Malea cannot be held responsible for this.

2. 2 Prices

Prices are in euros. They take into account any reductions applicable on the day of the order unless there are significant changes in charges.

The prices indicated on the site are guaranteed until the expiry date indicated in the offer. The prices displayed in the catalogs are valid until the date indicated in these catalogs and while stocks last.

The prices indicated do not take into account postage and packaging costs which will be invoiced in addition.

It is specified that any promotions granted in the form of discount vouchers are only valid for a single order per household and over a given validity period.

Malea reserves the right, which the User accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration of the order, subject however to the availability of said Products .

Article 3 - Registration and validation of the order

3.1 Navigation within the site

The User can read the different Products offered for sale by Malea on its Site.

The User can freely browse the different pages of the Site, without being committed to an order.

3.2 Registering an order

If the User wishes to place an order, he will choose the different Products in which he is interested, and will express said interest by clicking on the "Add to cart" box.

Each new addition to their basket will be indicated by the appearance of a specific screen.

At any time, the User may:

  • obtain a summary of the Products he has selected, by clicking on the “View my basket” image,
  • continue your selection of Products by clicking on “Continue shopping”,
  • complete your selection of Products and order these Products by clicking on “Place order”.

Notwithstanding the above in this paragraph, it is specified that, for certain commercial offers received by post by the User, the latter may benefit from the advantages linked to said offer, by positioning themselves on the home page of the Site and clicking on "Direct order". A new page will then be displayed. The User will indicate the "Promotion Code" appearing on the commercial offer he received and enter his order by mentioning: the name(s) of the Product(s) he wishes to order, the reference(s), the desired quantity and the unit price of the Product(s). However, in the event that the Promotion Code is not recognized by the Site, the User retains the possibility of using their commercial offer via other means of ordering, excluding the Site.

To order the Products they have thus chosen, after clicking on “Place order”, any User must identify themselves, either by clicking on the “I am already a customer” button, then by entering their email address and their password, if they have already created their account, or by clicking on the “I am not yet a customer” button otherwise. In this last scenario, the User must accurately complete the form made available to them, on which they will include the information necessary for their identification and in particular their last name, first name, postal address. In addition, the User must provide his email address and a password of his choice which will be personal and confidential to him and which he will need to identify himself later on the Site.

The User is informed and accepts that entering these two identifiers constitutes proof of their identity and demonstrates their consent.

Once the User is identified, he must validate the delivery method and address (as specified in article 4 below), the choice of payment method, then an order form will appear on the screen, summarizing: the nature, quantity and price of the Products retained by the User, as well as the total amount of the order, the User's contact details, the delivery address of the Products. It is specified that payment against reimbursement, upon receipt of the Products will give rise to an additional cost indicated on the order form.

3. 3 Final validation of the order

After having read the status of their order, and once all the requested information has been completed by the User, the latter will click on the “Validate my order” button to definitively confirm their order. If the User wishes to pay for his order by credit card, he must transmit his credit card number, depending on the type of the latter, the expiration date of the latter as well as the cryptogram number (3-digit number appearing on the back of the bank card).

It is specified that by choosing immediate payment by bank card, as provided for in Article 6 below, the User will then be automatically switched to the Crédit Agricole electronic payment server (hereinafter referred to as "the bank"). ). The bank's server is secured by SSL (Secure Socket Layer) encryption in order to protect as effectively as possible all data linked to means of payment, and that at no time the bank's banking data User will not pass through the Malea computer system. Its responsibility is therefore released.

As soon as he validates his payment, the order is recorded and becomes irrevocable. The User becomes a Buyer. The purchase order will be recorded in Malea's computer records, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.

3.4 Order confirmation

When he has validated his payment method (if applicable with the provision of his card number and the expiration date), a summary of the Buyer's order will be displayed and will notably mention the transaction number.

This summary will also be sent to him by e-mail, at the latest upon delivery of the Products, to the e-mail address indicated by him at the time of the order.

This confirmation will include all the constituent elements of the contract entered into between the Parties.

Article 4 - Delivery

4.1 Delivery times

Malea will make its best efforts to ensure that the order is shipped within an average of one (1) working days from the day following the Buyer's validation of their order.

The Products ordered by the Buyer will be delivered only in Europe, to the address indicated by the latter on the order form. Malea will make its best efforts to ensure compliance with the delivery time of the order to the address designated by the Buyer. If it is a shipment made by post, the carrier undertakes to deliver within 48 hours, working days. If it is sent by courier, delivery takes place within 4 to 7 working days. However, this delivery cannot be ensured in the event of force majeure, transport strike and/or postal services. In addition, orders must have been validated and paid for on the Site by credit card, before 1 p.m.

In any case, the Products will be sent by the usual postal services. Malea therefore declines all responsibility in the event of excessive delivery time due to postal services or means of transport, as well as in the event of loss of the Products ordered or strike. Transport risks are borne by the Buyer, who must make a reasoned protest to the postal services, within three working days of delivery. Furthermore, it is specified that ownership of the Products ordered will only be transferred to the Buyer upon full payment of the invoiced price, including delivery costs.

4.2 Free Shipping

When “Free Delivery” is mentioned on the Site (for a purchase made on the French version of the site), this only concerns delivery to one of the following countries:

  • Metropolitan France
  • Belgium
  • Luxembourg
  • The Netherlands
  • Germany

For delivery to Corsica or another country, delivery costs remain unchanged.

4.3 Delivery by courier

Delivery of fixed and electric massage tables is carried out by courier. This delivery is done "at the foot of the truck", that is to say that the box is given to the customer on their doorstep. It happens that the delivery person helps the Buyer free of charge to move or install the equipment. This is not automatic.

If a special service is required (moving or installing equipment in special conditions), the service will be invoiced according to the Service Provider's rates. The same applies to deliveries outside the ground floor (upstairs) or those considered difficult (dimensions of the corridor or stairwell too narrow for example). The Buyer can choose to pay for this special service called "Premium Delivery" when ordering and must in this case check the conformity of the material upon receipt in the presence of the service provider and immediately notify us of any damage observed.

4. 4 Case of deliveries outside the European Union

The shipping costs corresponding to shipments within the European Union and outside the European Union are visible in full on the page How much are the shipping costs?

In the case of shipping outside the European Union, these shipping costs only include transport to the Buyer's final delivery address as well as export customs fees. Import customs fees as well as taxes applicable in the country of destination (VAT, IVA, VAT, IGIC etc.) remain the exclusive responsibility of the customer.

The amount of these costs cannot under any circumstances give rise to any reimbursement on the part of Malea, nor to any claim on the part of the Buyer. It is up to the Buyer to inquire in advance with the competent services in his country of residence in order to anticipate the amount of these costs.

4.5 Reception

All Products are shipped in new condition, in new packaging. The strength of the packaging is checked by the carrier before departure. The Buyer is therefore required to ensure the arrival of the packages in good condition. Only the carriers are responsible for losses, breakages, damage and delays inherent to transport. Upon receipt of the goods, the Buyer is required to:

  • check the number of packages in the presence of the delivery person
  • check packaging and warranty tapes
  • unpack, and count the goods against the packing list and delivery note

Any anomaly concerning delivery (missing or broken product, open package, damaged package, suspected problem) must be the subject of refusal of the package. Any anomaly concerning delivery must also be notified, on the same day of receipt or at the latest the first working day following receipt, to Malea customer service, by e-mail to customer service, sent using the contact form on the Site, by clicking on this link . Any claim made after this deadline will be rejected and Malea will be released from all liability. Malea reserves the right to ask the Buyer to return the defective Product.

Any anomaly concerning the conformity of the order (missing item, wrong reference, color error) must be the subject of immediate refusal of the package, with explicit mention of the reason for refusal on the carrier's delivery note. Malea draws the Buyer's attention to the importance of this approach, signing the delivery note without reservations is equivalent to acceptance of the goods as conforming to the order.

In the case of delivery by courier, it is possible to make reservations in the event of a suspected anomaly. The reserve installation must be carried out upon receipt of the goods in the presence of the driver.

As soon as the recipient suspects damage, the latter must systematically check the entirety of the goods by opening the package in the presence of the driver. If the damage is confirmed, the reservation must be recorded on the carrier's receipt. The reservation must include a precise, significant and complete description of the damage to the goods (and not the packaging). It’s about describing precisely what we see. We recommend taking detailed photos. Please note that the statement “Subject to unpacking” is not valid, it is of no use. Reservations must be precise and exhaustive. If the driver refuses for any reason to open the package in his presence, it is imperative to specify this on the transport document. If the driver refuses the indication of “refusal” on the transport document, the recipient must in this case simply refuse to sign the delivery note.

After receipt of the package, the Buyer undertakes to keep the original cardboard and protection for each item for a minimum of seven days. If the item is returned, only this packaging can be used to repackage it correctly in preparation for transport.

If the aforementioned conditions are met, Malea may then proceed either with the exchange (in the case of an item in stock and immediately available), or with the reimbursement of the defective Product(s), or with the re-shipment of the missing Product (subject to the validity of the Buyer's request).

Article 5 - Guarantee

The equipment distributed by Malea is manufactured with all the care necessary for customer satisfaction. For the duration of the manufacturer's warranty, the invoice serves as warranty documentation.

The manufacturer's warranty covers all material manufacturing or assembly defects. It is only valid in the Malea coverage area (Metropolitan France for a purchase made on the French version of the site). If the Product is located in a different geographical area, the warranty may apply for shipping costs.

In the event of failure or defect of the equipment distributed by Malea, the Buyer must first contact Malea customer service. Information and documents such as photos, videos, serial numbers or detailed descriptions of the malfunction may be requested.

Based on these elements, several solutions will be proposed to the client, listed below in order of priority:

  • remote troubleshooting with telephone and/or video support from our technical service in order to quickly replace defective parts,
  • an on-site intervention appointment, offered depending on the availability of our technicians in the sector in which the equipment is located,
  • removal of the equipment on site, organized by our logistics department, for repair of the latter in our workshops.

In the event that removal of the equipment remains the only possible solution, the time before delivery is 28 working days maximum.

This deadline includes:

  • the time required to send the packaging to be used for its return (boxes and pallets to size),
  • the time required to return the equipment to our premises, depending on the collection date agreed with the customer,
  • the time required for its repair,
  • the time necessary for its reshipment, depending on the delivery date agreed with the customer.

Transport costs linked to the return of the equipment are fully covered by Malea Massage.

The equipment travels at the buyer's sole risk and must be properly protected for transport.

The customer will simply be asked to scrupulously respect the packing advice provided by the logistics service in order to ensure that the equipment travels without incident.

The warranty is excluded in the following cases: abnormal wear or use not in accordance with the instructions for use of the equipment or its accessories, accident resulting from shock or the effect of water, heat or any substance, attempted repair carried out by a third party not authorized by Malea, voluntary damage.

In the case of a request for support addressed to the After-Sales Service by a third party to the Buyer, Malea reserves the choice of maintaining or not the validity of the Guarantee. This will be considered by default and except in exceptional cases as non-transferable after resale of the equipment by the initial Buyer.

In the case of a request for support addressed to the After-Sales Service outside the duration of the warranty, Malea reserves the choice of providing assistance or not in resolving the incident cited. In the event that this assistance is provided, the spare parts, shipping costs and/or labor necessary to resolve the incident will remain the responsibility of the Buyer.

Article 6 - Payment

6. 1 Payment of the order

The amount owed by the Buyer is the amount indicated on the order confirmation sent by e-mail by Malea to the Buyer.

The Buyer will have the choice when validating his order as specified in article 3.3. above, between different payment methods. As such, payment may be made, unless the server is unavailable:

  • immediately on the Internet by Bank Card (Blue, Visa, Eurocard/Mastercard, American Express) in cash or in 3 installments free of charge
  • by cash bank transfer, specifying the order number in the wording of the transfer. The Buyer bears the burden of the bank charges relating to him
  • by SEPA direct debit for installment payment. The Buyer will then have to provide various documents, including a RIB, in order to be able to put the direct debits in place.

In the event that the Buyer decides to use one of the means mentioned above, the order will only be validated after receipt of the order by Malea and validity of payment.

In any event, Malea reserves the right to refuse any order or delivery in the event of (i) exceeding the ceilings indicated in the preamble hereto, (ii) an existing dispute with the Buyer, (iii) non- total or partial payment of a previous order by the Buyer, (iv) refusal of authorization for payment by credit card from banking organizations, (v) non-payment or partial payment, (vi) use of 'a Bank Card not issued by a French financial institution. Malea cannot be held responsible under any circumstances.

6. 1. 1 Case of payments in several installments

In the event that the Buyer opts for payment in several installments free of charge, by bank card or SEPA direct debit, he undertakes:

  • in case of payment by Bank Card: to use a card valid for at least 4 months following the date of validation of your order,
  • in the event of payment by Bank Card: immediately report to Malea any change relating to the bank card used for the initial payment (fraud, opposition, loss of the card, etc.),
  • to correctly fund his account before each scheduled due date in order to ensure the withdrawal of the amounts for which he is owed.

In the event of non-compliance with one of the above clauses, the Buyer is aware of the formal notice procedure to which he will be subject, after amicable reminder, in order to recover the debt.

The costs linked to late payment and the implementation of the recovery procedure will remain entirely the responsibility of the Buyer.

An increase equivalent to 10 times the legal interest rate will be applicable from the 8th day following the date of the unpaid due date.

6.2 Withdrawal

6. 2. 1 Professional buyer

The Buyer declares that he is purchasing the equipment as part of his professional activity. In the context of sales between professionals, the right of withdrawal is not applicable. In addition, the equipment being made to order, tailor-made and personalized according to the Buyer's requests, a request for withdrawal or exchange cannot be accepted.

6. 2. 2 Individual buyer

Individual Buyers wishing to purchase equipment for personal purposes from the Malea store have a period of 14 calendar days following their order date to exercise their right of withdrawal.

To do this, he must contact Malea at the address pro@malea-massage.com indicating the reason and the article(s) concerned by his request. Once the request has been validated, the shipping details will be sent to them in order to return their item within the allotted time.

Return shipping costs are the responsibility of the Buyer. The returned item(s) will be checked upon receipt, only items in their original packaging and in perfect condition will be accepted. Once this has been verified, the order will be refunded within 7 working days by the same payment method as that used when ordering (credit card or transfer). Only the amount corresponding to the value of the returned item(s) will be refunded, with shipping costs remaining the responsibility of the Buyer.

Equipment made to order, tailor-made and personalized will not be returned or exchanged, whether it is a professional or private purchase. Consumables, such as disposable headrest protections, disposable thongs, rolls of examination sheets, or even oils, will not be returned or exchanged, whether purchased for professional purposes or particular.

Article 7 - Information technology and freedoms

7. 1 Personal information

The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the establishment of delivery vouchers. Failure to provide information implies automatic rejection of the order.

This data is necessary to process your order and monitor our commercial relationship.

In accordance with the Data Protection Act, you have the right to access, rectify and oppose data concerning you with Malea at the address below.

Malea may be required to communicate personal information to its commercial partners. The User may thus receive commercial offers from third parties. As such, it is specified that unless the User expressly refuses, the data may be communicated to Malea's commercial partners. However, with regard to his email address, this may only be used by Malea or communicated to said partners with the express agreement of the User. Of course, a posteriori, the User retains the possibility of refusing by expressing his refusal by postal mail (MALEA SAS, 21 place de la République, 75003 Paris, France) or by email (pro@malea-massage.com)

Or by e-mail to customer service, sent via the contact form on the Site, by clicking on the “Customer Service” link, accessible from the home page.

As a customer, you would like to receive our catalogs and promotional offers. If you no longer wish it, you can write specifying your last name, first name and address to the address above.

7. 2 Cookies

The Site uses cookies. The cookie is a computer file, stored on the hard drive of the User's computer. Its purpose is to signal a previous visit by the User to the Site. Cookies are only used by Malea for the purpose of personalizing the service offered to the User.

The User retains the possibility of refusing cookies by configuring his Internet browser. He then loses the possibility of personalizing the service delivered to him by Malea via the Site.

7. 3 Web beacons

Certain web pages of the Site may sometimes contain electronic images or "web beacons", which allow the number of visitors to the page to be counted.

These web beacons may be used with some of our partners, in particular to measure and improve the effectiveness of certain advertisements.

In any case, the information obtained via these tags is strictly anonymous and simply makes it possible to gather statistics on the use of certain pages of the Site, in order to better serve the Users of our Site.

Article 8 - Miscellaneous stipulations

8.1 Force majeure

Malea will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, notably of the postal services. and means of transport and/or communications, flood, fire.

Events meeting the criteria set by the case law of the 2nd Civil Chamber of the Court of Cassation will be considered as force majeure.

In the presence of an event constituting force majeure, Malea will notify the User/Buyer within five (5) working days following the occurrence or threat of this event.

The Parties agree that they must consult as soon as possible in order to jointly determine the terms of execution of the order during the duration of the force majeure event.

Beyond a period of one (1) month of interruption due to force majeure, Malea may not honor the order, subject to reimbursement to the Buyer if necessary.

8.2 Partial non-validity

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 retain all their strength and scope.

8.3 Entire contract

These general conditions of sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.

In the event of a contradiction between these documents, the general conditions of sale will prevail.

8.4 Applicable law

These general conditions of sale and the contractual relations between Malea and the Buyer are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action.

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pro@malea-massage.com

By telephone

(+33) 5 67 68 68 76

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