General Conditions of Sale
Welcome to Mane In France! The purpose of this site is to present my work as a graphic designer and to offer my illustrations and original projects for sale. The conditions of use have been drawn up to protect both visitors to the site and myself as the owner. They define the rules and obligations to be respected when using the site and the services offered. As an online shop, the mandatory information includes a detailed description of the original illustrations and projects, prices, ordering, payment, delivery and returns procedures. The terms of use are formulated to meet the specific needs of Mane In France. To ensure full compliance with legal obligations.
Contents :
1 - Purpose and scope
2 - Description of products
3 - Order process
4 - Prices
5 - Terms of payment
6 - Delivery, transport and acceptance
7 - Withdrawal
8 - Intellectual property
9 - Personal information
10 - Commercial references
11 - Evidential value of electronic exchanges
12 - Disputes
ARTICLE 1 - PURPOSE AND SCOPE :
The purpose of the General Terms and Conditions of Sale (hereinafter referred to as the ‘GTCS’) is essentially to define the terms and conditions governing the sale and customisation of products and services available online on our website (hereinafter referred to as the ‘Products’); distributed by MANE.INFRANCE, for the benefit of its Customers, notably on the www.mane-infrance.fr website. These terms and conditions apply to sales of Products to professional and private purchasers (hereinafter referred to as ‘Customers’).
Any placing of an order implies the Customer's full and unreserved acceptance of the GCS, which shall prevail over any contrary stipulations that may appear on the Customer's order forms and/or any general terms and conditions of purchase, unless special terms and conditions are agreed by mutual agreement.
If any of the clauses of these GCS are deemed null and void by a competent court, the other clauses will remain valid.
In addition, the fact that MANE.INFRANCE does not avail itself at a given time of any of the stipulations of these GTC shall not be interpreted as a waiver to avail itself subsequently of any of the said stipulations.
MANE.INFRANCE reserves the right to modify these GCS at any time. In the event of modification, the applicable GTC shall be those in force on the date of the order.
The contract is offered in French and consists of the GCS, the special conditions (order form and proof of delivery) and the acknowledgement of receipt of the order by MANE.INFRANCE specifying the description and quantity of the Products and/or Services, their prices and the delivery terms (hereinafter referred to as the ‘Contract’).
ARTICLE 2 - DESCRIPTION OF THE PRODUCTS
2.1/ Product characteristics :
The Customer may choose one or more MANE.INFRANCE Products from the different categories of Products presented and offered for sale on the MANE.INFRANCE site.
The Products and Services are presented on the Site by a summary sheet allowing the Customer to take note of the essential characteristics, the sale price and any restrictions on sale (minimum or maximum quantity for example). The descriptions, photographs and colours illustrating the Products and Services are given for information only and have no contractual value, MANE.INFRANCE reserving the right to modify its catalogue at any time, subject to current Contracts.
With regard to personalised Products, the visual treatment (the presentation/simulation in the proof) of the visual positioning created by MANE. INFRANCE with the content provided by the Client is also only indicative and may not be strictly identical to the final personalised Product, in particular as regards the rendering of colours, due in particular to the material of the Product chosen, the quality of the content provided by the Client and the resolution of the screen of the Client's terminal used for viewing, it being specified that the colours perceived by the Client also depend on the screen used and the display configurations chosen. These variations in colour cannot result in the Customer rejecting the Products.
It is specified that no visual processing is carried out by MANE.INFRANCE outside of an order for Products.
The Client is solely responsible for the use made of the Products.
The Client is also solely responsible for the elements (verbal, graphic or other) that it asks MANE.INFRANCE to print on the Products.
2.2/ Personalisation of products :
The MANE.INFRANCE site offers two different degrees of product personalisation:
- either the personalisation of products with textual, visual or graphic elements (e.g. logos) supplied by the Customer.
- or the personalisation of products with textual, visual or graphic elements (e.g. logos) supplied by MANE.INFRANCE which may be either existing elements from its catalogue or elements created to measure at the request of the Client as part of a graphic service associated with the order.
To this end, MANE.INFRANCE offers several types of marking: screen printing, flocking, transfer, embroidery, four-colour printing, digital printing and badges.
The Client sends MANE.INFRANCE the desired personalisation content in the format requested by MANE.INFRANCE.
2.3/ Availability:
The Products offered for sale are subject to availability. In the event of unavailability of one or more products ordered, MANE.INFRANCE will inform the Customer by e-mail.
If this unavailability lasts less than 2 days, the Client's order will be deferred until MANE.INFRANCE has restocked the unavailable product(s).
If this unavailability lasts longer than 2 days, MANE.INFRANCE may offer the Client, if available, a replacement product of equivalent quality and price. If there is no replacement product or if the Customer does not wish to obtain the replacement product, the Customer may then, at his option, either cancel the part of his order relating to the unavailable product(s), or postpone the entire delivery and wait until all the products are available again.
If the order is cancelled, the Customer will be refunded the sums paid for the order within 14 days. It is nevertheless specified that delivery costs will only be reimbursed in the event of total cancellation of the order, delivery costs remaining due and not being reimbursed in the event of partial cancellation. Reimbursement will be made in the following way: by bank transfer to the account indicated when the order was placed or on presentation of a bank details slip by the Customer.
ARTICLE 3 - ORDERING PROCESS :
3.1/ Prior request for a quotation
In order to place an order, the Client must first request a quote from MANE.INFRANCE. To do this, the Client may either fill in the order basket provided for this purpose on the MANE.INFRANCE site, or send an e-mail via the ‘contact’ section to the following address: mane.infrance@outlook.fr.
To identify himself at the quotation request stage, the Customer must provide the following information in particular: type of organisation, name of organisation, surname and first name of representative, postal address, e-mail address, telephone number.
The request for a quotation must also explain the Customer's requirements as precisely as possible: the context of the project, the type of product required (as presented on the site), the type and number of markings required (screen printing, transfer, flocking, embroidery, four-colour process printing, badging and digital printing), a description of the inscriptions to be included on the product (drawing, photograph, text, logo, etc.) and the number of Products ordered.
Customers are advised that, as a general rule, there are minimum order quantities. These minimum order quantities may change depending on the printing technique used, as certain techniques require a minimum number of Products to be used in order to be executed. These minimum quantities will be explained by MANE.INFRANCE in its response to the request for a quote.
The information provided by the Client in the quote request must be sincere, complete and detailed. The Client undertakes to respond to all requests for additional information that MANE.INFRANCE may make to him and which it may need to make its estimate.
MANE.INFRANCE reserves the right to refuse any request from a Client who has not completely or accurately filled out the request for quote or who has not responded to its requests for information.
The Customer may order samples, i.e. unmarked textiles. Samples are invoiced and will be refunded on the following order if the products are identical. Shipping costs remain the responsibility of the Customer.
3.2/ Transmission of the quotation by MANE.INFRANCE
MANE.INFRANCE undertakes in general to respond to the request for quote from the Client within 48 working hours from the time when (i) the request for quote from the Client is complete and (ii) it can actually be processed by MANE.INFRANCE, which assumes in particular that the Client has answered all questions that may have been asked. The quotation is entirely free of charge.
MANE.INFRANCE reserves the right to refuse requests for quotations for legitimate reasons, and more particularly when the request for quotation presents abnormal characteristics (eg number of products ordered unusually high or on the contrary insufficient, multiple requests for quotation or modification of quotation) or in the event that there is an unresolved dispute with the Client, for example in connection with a previous order, or if the request of the Client is not technically feasible. MANE.INFRANCE will then inform the Client.
3.3/ Acceptance of the quotation by the Client
The quotation sent by MANE.INFRANCE will contain the essential elements of the order for MANE.INFRANCE products and in particular the following elements:
1. Description of the Products selected by the Client,
2. The quantity of Products ordered,
3. The type of illustration requested by the Customer,
4. The type of branding selected by the Customer,
5. The price of the Products selected,
6. The total cost of the order, including delivery and any other charges,
7. The production time,
8. The place of delivery,
9. The period of validity of the quotation (generally two months from the date of the quotation),
10. The possibility of consulting the general terms and conditions of sale.
It is the Customer's responsibility to ensure that the quotation is correct and to correct any errors therein. They may then validate and confirm their order to express their acceptance of the content and price of the order.
To accept the quote, the Customer must date and sign the quote and return it by e-mail (scan or photo) or by post to MANE.INFRANCE. On receipt, the quotation will be considered accepted and the Customer will receive a confirmation e-mail at the e-mail address given when the order was placed, summarising the details of the order, the price of the order and the delivery address.
Once the order has been validated, the Customer is definitively committed and can no longer cancel or modify the order.
Each order is processed individually. This means that any addition to an order that has already been registered must be the subject of a new order under the above conditions, unless the parties agree otherwise.
3.4/ Ready to print (RTP)
Regarding the content of the customization, MANE.INFRANCE can: (i) validate, (ii) refuse or (iii) provide a graphic service through its desktop publishing (DTP) at additional cost.
Although MANE.INFRANCE has no obligation to verify the compliance with the regulations of the content that Clients ask to print on the Products, MANE.INFRANCE reserves the right to refuse any request from a Client that is contrary to public order and morality.
MANE.INFRANCE reserves the right to refuse any order for customised Products that does not comply with the minimum quality standards for manufacturing and/or printing.
If the delivery time is an essential element of the contract for the Customer, it must be expressly stipulated when the proof is signed.
Once the quotation has been validated, the Customer will receive by e-mail the mock-up in the form of a ‘ready for press’ (hereinafter referred to as the ‘RIP’) in ‘pdf’ format within 72 working hours of the content being sent, enabling the conformity of the personalised content and its position on the personalised Product to be validated, it being specified that the RIP cannot reproduce identically the rendering of the final personalised Product, in particular with regard to colourimetry.
The Customer must ensure that the proof sample conforms to its expectations by e-mail as soon as possible. No production will be launched without the Customer's written approval, marked ‘Approval based on the proof sample received’.
At this stage, only the visual can be modified with regard to the mock-up and not the quantity, colour and size of the textiles and objects previously validated in the signed acceptance of the quotation.
The Customer may :
- either indicate that the proof is acceptable and validate it, allowing MANE.INFRANCE to proceed with the printing and dispatch of the Products.
- request changes to the proof. A new mock-up will then be sent to the Customer by e-mail within 72 working hours of the correction request; any request to modify the proof will result in a delay in printing and therefore in delivery of the Products.
If the proof is not validated within 45 days of signing the quotation, despite several proposals from MANE.INFRANCE, and in the absence of a solution accepted by the Client, MANE.INFRANCE will invoice 50% of the total amount of the order excluding VAT.
As the positioning of the logo on the support is carried out manually, the Client accepts that a margin of error may be tolerated if it does not call into question the final result, in accordance with the proof.
In all cases, the Customer's validation of the proof constitutes final acceptance of the artwork.
ARTICLE 4 - PRICES :
The sale prices of the Products are indicated in euros, inclusive of all taxes and exclusive of delivery and transport costs, which are mentioned before the order is validated and invoiced in addition. The price is that in force on the day of the order or quotation.
MANE.INFRANCE reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
ARTICLE 5 - PAYMENT CONDITIONS :
The payment due corresponds to the amount indicated on the quote and included in the order confirmation sent by e-mail to the Client.
It is specified that MANE.INFRANCE does not grant discounts, and that the sums paid cannot be considered as deposits or advance payments.
The invoice will be sent after validation of the proof. Payments may be made by bank transfer, cheque or cash (up to €1,000) if payment is made on site at the head office.
In order to be taken into account, all orders require full payment of the total amount including VAT.
Furthermore, in the event of a payment incident, MANE.INFRANCE reserves the right to make any new order subject to the provision of guarantees by the Customer.
Any delay in payment will automatically, and without prior formal notice, lead to the application of late payment penalties at a rate equal to 12% per year, i.e. 1% of the sum inclusive of tax per month of delay, as well as the invoicing of a fixed indemnity of FORTY (40) euros for collection costs.
ARTICLE 6 - DELIVERIES - TRANSPORT - RECEPTION :
MANE.INFRANCE Products can only be delivered in European Union countries (excluding French overseas departments and territories). Deliveries to other countries must be specifically requested from MANE.INFRANCE.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single delivery.
MANE.INFRANCE undertakes to make its best efforts to deliver the products ordered by the Client within the times announced. However, these delivery times are given as an indication and are calculated from the time the order is paid for.
In the event of a delay in the announced production times, MANE.INFRANCE will inform the Customer by e-mail and will propose a new dispatch date.
Products are delivered to the address indicated by the Customer during the ordering process. Delivery methods and costs are determined when the Customer places the Order and are specified in the quotation.
Ownership of the Products will only be transferred when the Client takes physical possession of them.
MANE.INFRANCE declines all responsibility in the event of excessive delivery times due to postal services or means of transport, as well as in the event of loss of the products ordered or a strike by the transport services.
MANE.INFRANCE will inform the Customer of the shipment of products by sending an email information.
The Customer must take delivery of the parcel at the address provided when validating the order.
If the Client does not collect or receive the parcel within the required time and conditions, the unclaimed parcel will be returned to MANE.INFRANCE which will make it available to the Client for a new delivery. The Client must contact MANE.INFRANCE in order to obtain a new delivery of the parcel. If the package has been returned to MANE.INFRANCE for a reason attributable to the Client (unclaimed package, incorrect delivery address, etc..), the Client must pay new delivery charges to see his package be reshipped. The Customer will be informed by e-mail of the procedure to follow for the reshipment of their parcel.
The Customer is obliged to check his/her parcel on receipt and must verify that the parcel conforms to his/her order and that it contains all the products ordered with no apparent defects.
If the package is visibly damaged, the Customer must notify the carrier of his reservations or simply refuse to accept delivery within 48 hours of receiving the Products.
In the event that the package does not conform to the order and/or that the products have apparent defects, the Client must inform MANE.INFRANCE by e-mail with supporting photographs.
After written agreement of MANE.INFRANCE, the products may be returned by the Client to MANE.INFRANCE by registered mail or followed at the headquarters of MANE.INFRANCE indicated in Article 1.
No return will be accepted after a period of 15 calendar days following the date of delivery.
In case of return, MANE.INFRANCE will check the nature and condition of returned Products. If they do not conform to the Client's order or are affected by an apparent defect, MANE.INFRANCE will take back the Products, exchange them or refund them, at the Client's discretion. Otherwise, MANE.INFRANCE will not be required to reimburse the Client or bear new delivery costs.
ARTICLE 7 - RETRACTION :
The products offered on the site MANE.INFRANCE are personalized products, the Client has no right of withdrawal under the provisions of Article L. 221-28 of the Consumer Code.
However, in the event that the order relates to non-personalised Products, and if the Customer is a consumer benefiting from the provisions of the Consumer Code, the Customer will benefit from the legal withdrawal period of FOURTEEN (14) days from delivery.
To exercise the right of withdrawal, the Client must notify its decision by means of a clear and unequivocal statement addressed to MANE.INFRANCE by registered post with acknowledgement of receipt to its registered office or by e-mail to the address: mane.infrance@outlook.fr.
The Customer must return the goods in their original condition with the labels. Goods are returned at the Customer's expense and risk.
ARTICLE 8 - INTELLECTUAL PROPERTY :
The Client guarantees MANE.INFRANCE that all the elements it provides, including but not limited to models, graphics, photos, text, do not infringe the rights of third parties in any capacity whatsoever. Under no circumstances can MANE.INFRANCE be held responsible for the reproduction of documents or files supplied by the Client.
In case of dispute or action by a third party, the Client guarantees MANE.INFRANCE that it will (i) provide assistance (ii) compensate for any damage suffered and (iii) bear all costs and consequences resulting therefrom.
All copyrights, intellectual property and industrial (trademarks, patents, signs, logos, etc..) and all technical, industrial or commercial documents belonging to MANE.INFRANCE, are and will remain the property of MANE.INFRANCE. The Client expressly undertakes not to copy, reproduce or duplicate in whole or in part any elements subject to MANE.INFRANCE's intellectual property rights or the Products produced by MANE.INFRANCE, without its prior written consent.
Insofar as a graphic service is requested by the Client from MANE.INFRANCE, involving a creative activity within the meaning of the Intellectual Property Code, MANE.INFRANCE reserves the exclusive use and ownership of all designs and models that it has created. The copyrights arising therefrom, and in particular the right of reproduction, remain with MANE.INFRANCE.
ARTICLE 9 - PERSONAL DATA:
MANE.INFRANCE undertakes to comply with the legal and regulatory provisions in force applicable to the protection of the Client's personal data. As such, MANE.INFRANCE specifies that the purpose of processing is the performance of the Contract, for its duration and that of the warranty and limitation periods, and, where appropriate, the provision of information on Products and Services offered by MANE.INFRANCE. MANE.INFRANCE undertakes to take measures to ensure the confidentiality, integrity and security of data collected, which will not, under any circumstances, transferred to any third party that does not ensure the same guarantees. MANE.INFRANCE reminds you that the Customer has the right to access, rectify, port, delete and erase their personal data and to minimise the processing and to oppose the processing on legitimate grounds, as well as the right to define post-mortem directives, which can be exercised at the following address: mane.infrance@outlook.fr; as well as the right to lodge a complaint with the competent personal data protection authority (in France the CNIL).
ARTICLE 10 - COMMERCIAL REFERENCES :
The Client expressly authorises MANE.INFRANCE to use its brand, trade name and/or commercial name as a reference on any paper or electronic commercial document, including on its Internet Site.
ARTICLE 11 - EVIDENTIAL VALUE OF ELECTRONIC EXCHANGES :
The electronic writings between the Parties have evidential value with regard to the Contract and in particular with regard to the receipt and validation of the final proof of concept by the Customer. Consequently, it is expressly agreed that, except in the event of an obvious error, the data kept by MANE.INFRANCE in its information system has evidential value between the Parties in the event of a dispute.
ARTICLE 12 - DISPUTES :
These general conditions of sale will be governed by French law.
For any difficulty, the Customer is invited to contact MANE.INFRANCE customer service beforehand.
In accordance with article L. 612-1 of the French Consumer Code, ‘Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable settlement of a dispute between him/her and a professional’.
The disputes falling within the scope of article L. 612-1 of the Consumer Code are those defined in article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
Any dispute arising from the formation, interpretation or performance of this Contract will be referred to the competent Courts, under the conditions of common law.