These general terms and conditions of sale are concluded between MAXIMA, and those wishing to make a purchase via the website www.sarlmaxima.com, hereinafter referred to as the buyer.
Legal status and share capital: SARL with a capital of 200 000 €
Responsible: Maxwell HIGGINSON
Headquarters: LD Vialard - 24200 CARSAC-AILLAC.
Siret: 498 524 032
APE / NAF Code: 4690 Z
Intra-Community VAT Number: FR15498524032
This site is hosted by PLESILIUM.
These general terms and conditions of sale are expressly approved and accepted by the purchaser who declares and admits to have a perfect knowledge of it and therefore renounces to avail himself of any contradictory document.
They apply to all product sales of our company via the website www.sarlmaxima.com.
The process of validating the order implies a full acceptance of the present terms and conditions of sale. This click has the value of an irrevocable "digital signature" which can only be called into question within the limits provided for in these general conditions of sale.
The purchaser is responsible for its product choices. The buyer must be at least 18 years of age and have legal capacity or parental authorisation to place an order on the site.
Any order implies acceptance of prices and description of products.
SELECTION OF PRODUCTS BY BRAND AND MODEL OF ENGIN
We insist that the data specified in the technical correspondence table are informative and not contractual. In case of doubt about the dimensions of your tracks or any other technical information, do not hesitate to contact us before your purchase.
All additional costs related to any ordering errors will be borne in their entirety by the buyer (transport costs and re-stocking in particular).
The price invoiced to the buyer is the one indicated on the order confirmation sent by the company MAXIMA.
Payment is made on the day of the actual order.
The buyer can pay his order online by credit card indicating the number of the card, its expiry date as well as the name of its holder. For the security of the transaction, the buyer also indicates the control number of the transaction (the last 3 digits of the number written on the back of the card near the signature).
In this case the order will be effective and processed after agreement of the bank payment center.
It is also possible to send us a cheque or a bank transfer.
In the latter cases, the order will be effective upon receipt of the full payment.
The usual delivery time is 3-6 working days factory or 2-4 business days for stock available at the depot of Maxima, depending on the locality of the buyer and for the products in stock.
The deadlines are given as an indication and do not constitute any commitment of the MAXIMA SARL
For products to be manufactured or not in stock, please contact our team for a more precise time.
The delivery can not be ensured in case of force majeure as defined by the jurisprudence (strikes, bad weather ...)
RIGHT OF RETRACTION
The buyer has a period of 7 working days to cancel his order of the products. This needs to be done in writing.
The products must be in their original packaging, new, without trace of assembly or wear, and can not be returned incomplete, damaged, or soiled.
The transport costs and the costs of re-stocking are entirely at the expense of the buyer.
The reimbursement of the price of the products will be made within a maximum period of 30 days from their reception by the company MAXIMA.
DEFAULT OF PAYMENT
Any late payment is automatically liable and without requiring notice of a penalty equal to 1.5 times the statutory rate of interest (Law 92-1442 of 31/12/1992) from the date of payment stipulated on the invoice. With an increase of 5% of the amount due to us as of right in damages, in addition to any legal costs. We reserve the ownership of materials and supplies until full payment is made by the buyer. Our retention of title concerns both the goods and their value if they have already been resold (Law No. 80-335 of 12/05/1980 & 25/01/1985).
In the event of total non-payment of the settlement, MAXIMA reserves the right to demand or sue the customer. All costs of such a procedure will be borne by the customer.
MAXIMA reserves the right to claim any material in case of default.
The customer agrees to return any product not paid in full to the company MAXIMA, any expenses to his charge on first request from the company MAXIMA.
Any product not fully settled remains the ungraspable and inalienable property of MAXIMA.
SIGNATURE AND PROOF
The validation of the order implies the full acceptance of the such. It is in itself an irrevocable digital signature, which can not be called into question and will have value between the parties. The online supply of the bank card number and the final validation of the order will be proof of the entirety of the said order in accordance with the provisions of the law of 13 March 2000 and will be owing the amounts incurred by the seizure of the items appearing on the voucher control.
This validation is a signature and express acceptance of all operations performed on the site.
MAXIMA can not be held liable for any inconvenience or damage resulting from the use of its website such as the presence of a computer virus or the breakdown of the service.
In the event that any of the clauses of this contract is null or void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with these general terms and conditions of sale.
All disputes arising from the connection and use of the website, these general terms and conditions of sale and the sales made between MAXIMA and the buyer are subject to French law.
In the case of a legal dispute, only the Commercial Court of Bergerac will be competent and accepted.
INFORMATION REGARDING MEDIATION AND DISPUTES
All disputes arising out of the purchase and sale transactions concluded by applying these general conditions of sale, as to their validity, interpretation, execution, termination, consequences and follow up which are not resolved amicably between the Seller and the Client, are to be submitted to the competent courts under the conditions of common law.
The client is informed that it can in any case, by means of a mediation agreement, with the existing mediation bodies, or any alternative means of dispute settlement (conciliation, for example) in case of dispute.