|Art. 4||Fulfilling the Contract|
|Art. 6||Time of retraction|
|Art. 9||Personal Data|
|Art. 10||Events beyond Control – Applicable Laws|
The present conditions are agreed upon by MUAYTHAITV, 9 avenue Maximilien Robespierre 94400 Vitry-sur-Seine - FRANCE registered at the trade register of Paris, France, under the SIREN number 478 005 648, from herewith referred to as “MUAYTHAITV” and those wanting to make a purchase through the website MUAYTHAITV (www.muaythaitv.com), herewith referred to as “User”. These conditions only concern exclusive rights of physical persons, who are not a part of a business. The parties confirm that their partnership is regulated exclusively by the present contract, excepting those conditions described on the website. If a condition is missing, it is considered regulated by the rules of trade as regulated by the trade laws of France. MUAYTHAITV respects all rules of the code of trade as it relates to external sale.
The present General Conditions apply to all sales of products presented on the site www.muaythaitv.com. All orders made through MUAYTHAITV occur under the acceptance without reservation to the present conditions. Only a buyer can call into effect the present conditions, in particular the articles relating to the guarantee. The present General Conditions can be changed any time and without notification by MUAYTHAITV. These modifications are applicable to purchases made after the date of the changes. The present general conditions of sale are accessible permanently through the site www.muaythaitv.com, through electronic format, and available for printing in a manner that allows for their reproduction or storage.
The shipping price is charged in Euro, including all taxes, and not including shipping. They are calculated by the value of the French taxes, and all changes of the legal rates will be reflected on the websites www.muaythaitv.com on the date as stipulated by the legal text or regulatory change. The prices can also be modified at any time following a reason such as an introductory offer, promotion or sales. The cost of shipping is indicated once a sale has been validated. Shipping costs will not be reimbursed in the case of cancelling an order after it has been shipped, and will be deducted from the total amount of the refund processed by MUAYTHAITV which will intervene within 15 days of cancellation. In specific cases, the share of shipping costs can be taken on completely or partially.
Products offered by MUAYTHAITV are available in limited stock. The amount of stock still available is listed in the title and depends on the delivery of the suppliers and/or manufacturers. Following these conditions, definitive non-availability or the possible report of delays in delivery and are in no case the responsibility of MUAYTHAITV. MUAYTHAITV cannot compensate or pay for damages in favour of the User. MUAYTHAITV informs the User about news regarding delays from suppliers and/or manufacturers in the case of temporary unavailability of a product. If there is a prolonged problem in the availability of a product, MUAYTHAITV can offer the User a similar product or offer a reimbursement in the form of vouchers or a cancellation of the order and the reimbursement to the customer.
The products proposed by the sale from MUAYTHAITV conform to the laws of France. The elements included, in particular, photography, texts, graphics as well as all illustrative information and/or accompanying the products is not contractually provided. As a consequence, MUAYTHAITV does not hold responsibility in the event of an error or omission of elements or in the case of modification of the elements by the suppliers and/or manufacturers. The customer is the sole judge of the compatibility of the products ordered with the materials now in his/her possession.
In all cases, the contract of sale is not considered fulfilled until the payment through credit card payment, or bank transfer.
The products for sale are presented on the website www.muaythaitv.com and includes a description. The customer wanting to purchase these products can click on the graphic image. This product is then added to the shopping cart, and any other items selected will also be added to the shopping cart. To finalise the order, the customer can click on the button “Order Now”. Then a page with summary of all the articles selected will be shown, customers can then confirm or remove or remove the articles in the basket. customers can then cancel the order, thereby making all items in the basket invalid. If the items in the order and the pricing for the products and shipping as stated on the site www.muaythaitv.com are acceptable to the customer, the customer can then enter their shipping address and their payment choice. The payment procedure will then be processed with a secure server. The bank details of the customer are never under the possession of MUAYTHAITV; they are used solely to send to the banking establishment. Once the payment has been validated by the secure server of the bank establishment, the customer can return to the site www.muaythaitv.com. Once the payment has been validated, MUAYTHAITV will forward a summary of the order to the customer, in particular the details of the articles ordered, the total prices, and the delivery costs and time.
The customer gives all authorisations necessary in order to apply the payment mode selected during his order. In addition, he insures that he has transferred all information necessary in order to process the shipping of the order. MUAYTHAITV has the right to suspend or cancel all orders or shipping in which the authorisation has been questioned by the financial institution selected by the customer. Similarly, there is the possibility to refuse to process and order or shipping made by a user under pending litigation regarding a previous order. The customer is advised that MUAYTHAITV can proceed to analyse and/or to verify the order made in order to fight against fraud, and within this framework reserves the right to ask the customer for any proof considered useful. MUAYTHAITV reserves the possibility to suspend or cancel all orders or shipping, even if the payment has been authorised and delivered to the financial institution concerned, if following analysis and/or verification that fulfilling the order would be an act of fraud to a third party. In addition, it does not take any responsibility in the case of embezzlement or fraudulent use of a normal payment method that would not be detected by this process of analysis and/or verification.
The products are shipped to the mailing address given during the order process. In the case that the shipping address is different from the billing address, the customer is responsible for adding these two distinct addresses during the ordering process. The customer must also provide all information necessary to ship the order, so that the shipping company can process the delivery. In the case of incorrect or incomplete shipping information that make it impossible for the shipping company to complete the delivery, a second delivery will be effected once the goods have been returned to MUAYTHAITV; the costs for this second shipping must be carried by the customer.
The products ordered are sent to the postbox of the customer, if it is available. If necessary, a transit note is left so that the customer can pick up the order at the local post office. In the event that the delivery is refused by the customer, the order will be refunded for the amount of the order minus the costs of shipping.
Every shipping company used for delivering orders holds sole responsibility for their delivery period. In the event that the deadlines described are not held, the customer is advised to first contact the shipping company in order to make sure that the order is not awaiting authorisation. In the case that there is a delay or difficulty in finding the products ordered, the customer can contact MUAYTHAITV, which will then look for the parcel, perhaps lost by the shipping company. Customers must then contact MUAYTHAITV by email at firstname.lastname@example.org with all information necessary to locate the products ordered to be sent by the shipping company, especially the purchase order. Similarly, MUAYTHAITV is dependent on the time periods of the shipping companies regarding declaring the order lost and and refunding the shipping costs. The shipping time period can vary depending on the shipping company used. No reimbursements to the customer can be sent before the shipping company has declared the order mislaid, following a completed search. As soon as the shipping company confirms that the item has been lost, MUAYTHAITV will proceed with refunding, exchanging the order, or offering coupons in return.
The customer has the right to return an order within a time period of 15 days from its arrival, following Article L 121-16 and following the French Consumer Code. Before returning an order, the customer must first send an email with the intention to return an order to email@example.com. The products sent can be returned to MUAYTHAITV, at the cost and responsibility of the customer. The customer is responsible that the items are returned in their original condition. If these requirements have been met, MUAYTHAITV will proceed to reimburse the products ordered, shipping costs not included, within 15 days of the receipt of the returned goods. No reimbursements will be given if the products do not arrive perfectly intact.
The shipping risks for returns are entirely the responsibility of the customer returning the order. The customer is responsible for insuring the safety of the return, in particular it's shipping. The costs for returning a product are the complete responsibility of the customer, except in the case where the return is based on an error made by MUAYTHAITV in creating the order.
In the case that a product is defective, the customer can return the product following the conditions written in Article 7 of the present General Conditions. The devaluation of the product through misuse or an external cause (including washing), are not under guarantee. These limitation do not limit the legal rights of the customer as described in Article L 211-1 of the French Consumer Code.
In accordance with the law made 6 January 1978, modified by the law of 6 August 2004, web users have the right to access and correct their personal data. This data is given only for the purpose of carrying out the delivery of the products ordered via the site by telefax, telephone or postal mail. They are required in order to process the order, and, if necessary, to investigate fraud. The customer is advised that refusal to provide data required make it impossible to fulfil delivery of the products he/she would like to order. The customer is further advised that in the course of verifying the data during the ordering, third parties may be used for the single purpose of verifying this information. The customer has the possibility to oppose access by third parties, except in the case of being used for checking the data needed to process the order, as it has been specified that opposition to this usage would make processing the order impossible.
The mutual obligations resulting from these present General Conditions are subject to suspension in the case of an overriding accidental occurrence or event beyond control. These will be moderated by the courts and French tribunal. The present General Conditions are subject to French law with regard to the rules of content and form. The goal of all litigation will be the subject of an amicable attempt at settlement.