TERMS AND CONDITIONS OF SALE
Effective as of 01/06/2023
ARTICLE 1 - Scope of Application
These General Terms and Conditions of Sale (referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with professional buyers ("Clients or the Client") wishing to acquire the products offered for sale ("Products") by the Seller on the website https://shop-foil.mgi-labs.com/.
The Products offered for sale on the website are as follows:
Hot foil stamping film for digital machines.
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website https://shop-foil.mgi-labs.com/, which the customer must review before placing an order.
The choice and purchase of a Product are the sole responsibility of the Client.
Product offers are subject to the availability of stocks, as specified when placing the order.
These GTC are accessible at any time on the website https://shop-foil.mgi-labs.com/ and shall take precedence over any other document.
The Client acknowledges having read these GTC and accepted them by checking the designated box before implementing the online ordering procedure on the website https://shop-foil.mgi-labs.com/.
Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Client.
The Seller's contact information is as follows:
MGI DIGITAL TECHNOLOGY SA with a board of directors
Share capital: 6,257,730.00 euros
Registered with the RCS of Créteil under number Siren 324357151
4 RUE DE LA MERIDIENNE 94260 FRESNES, France
Email: RGPD@mgi-fr.com
Phone: +33 (0)1 45 21 06 60
VAT Identification Number: FR57324357151
The Products presented on the website https://shop-foil.mgi-labs.com/ are offered for sale in the following territories: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Norway, Netherlands, Poland, Portugal, Romania, United Kingdom, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Czech Republic.
In the event of an order to a country other than metropolitan France, the Client is the importer of the concerned Product(s).
For all Products shipped outside the European Union and Overseas Departments and Territories, the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes, import duties, or state taxes may be applicable. They will be the responsibility of the Client and are solely under their responsibility.
ARTICLE 2 - Price
The Products are provided at the current rates displayed on the website https://shop-foil.mgi-labs.com/ at the time of the Seller's order registration.
Prices are stated in Euros, excluding tax, and including all taxes.
The rates take into account any discounts that may be granted by the Seller on the website https://shop-foil.mgi-labs.com/.
These rates are firm and non-revisable during their validity period, but the Seller reserves the right, outside the validity period, to modify the prices at any time.
The prices do not include processing, shipping, transportation, and delivery costs, which are billed as additional charges, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these charges.
An invoice is prepared by the Seller and given to the Client upon the delivery of the ordered Products.
ARTICLE 3 – Orders
It is the responsibility of the Client to select the Products they wish to order on the website https://shop-foil.mgi-labs.com/, according to the following procedures:
Product offers are valid as long as they are visible on the website, within the limits of available stock.
The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website https://shop-foil.mgi-labs.com/ constitutes the formation of a distance contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.
The Client will be able to track the progress of their order on the website, once logged into their account, in the "Order History and Details" section.
Any cancellation of the order by the Client after its acceptance by the Seller will only be possible as long as the goods have not been taken over by the carrier (independently of provisions relating to the application or non-application of the legal right of withdrawal).
ARTICLE 3 Bis - Customer Space - Account
In order to place an order, the Client is invited to create an account (personal space).
To do so, the Client must register by filling out the form provided to them at the time of their order, and commits to providing sincere and accurate information regarding their personal details and contact information, particularly their email address.
The Client is responsible for keeping the provided information up to date. It is emphasized that they can make modifications by logging into their account.
To access their personal space and order history, the Client will need to identify themselves using their username and password, which will be provided to them upon registration and are strictly personal. As such, the Client must not disclose this information. Otherwise, they will be solely responsible for any use made of it.
The Client can also request to unsubscribe by visiting the dedicated page in their personal space or by sending an email to: RGPD@mgi-fr.com. The unsubscription will take effect within a reasonable timeframe.
In the event of non-compliance with the general terms of sale and/or use, the website https://shop-foil.mgi-labs.com/ will have the option to suspend or even close a client's account after sending an electronic notice that remains without effect.
Any account deletion, regardless of the reason, results in the complete removal of all personal information of the Client.
Any event due to a force majeure event that results in a malfunction of the website or server, and subject to any interruption or modification for maintenance, does not incur the Seller's liability.
The creation of the account implies the acceptance of these general terms of sale.
ARTICLE 4 - Payment Conditions
The price is paid through a secure payment method, according to the following procedures:
- Payment by credit card
- Or payment by bank transfer to the Seller's bank account (whose details are provided to the Client when placing the order)
For payment by credit card, the card will be charged between 1 and 7 days after the order is placed.
Payment data is exchanged in encrypted mode through the protocol defined by the authorized payment service provider for banking transactions carried out on the website https://shop-foil.mgi-labs.com/.
Payments made by the Client will only be considered final after the effective receipt of the amounts due by the Seller.
The Seller will not be obliged to deliver the ordered Products to the Client if the Client does not fully pay the price in accordance with the aforementioned conditions.
ARTICLE 5 - Delivery
The products ordered by the Customer will be delivered in the following areas:
Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Norway, Netherlands, Poland, Portugal, Romania, United Kingdom, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Czech Republic.
Delivery refers to the transfer of physical possession or control of the Product to the Customer. Except in special cases or unavailability of one or more Products, the ordered Products will be delivered all at once.
The Seller commits to making their best efforts to deliver the products ordered by the Customer within the specified timeframes above. If the ordered Products have not been delivered within 1 week after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale can be canceled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3, and L 241-4 of the Consumer Code. The amounts paid by the Customer will then be refunded no later than fourteen days following the contract's termination date, excluding any compensation or deductions.
Deliveries are carried out by an independent carrier, to the address provided by the Customer during the order and to which the carrier can easily access.
In the event of a specific request from the Customer regarding the packaging or transportation conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a separate additional invoice, based on a prior written quote accepted by the Customer.
The Customer must inspect the delivered products. They have a maximum of 14 days from the delivery date to submit claims via email, accompanied by all relevant supporting documents (including photos). Beyond this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defects, and no claims will be validly accepted by the Seller.
The Seller will refund or replace, at their expense and as quickly as possible, the delivered Products for which the defects of conformity or apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these General Terms and Conditions.
The transfer of the risks of loss and deterioration related to the Products will only occur when the Customer physically takes possession of the Products. Therefore, the Products travel at the Seller's risk.
The seller reserves the right to adjust the delivery charges in cases where the delivery address is in a hard-to-reach area. This will be done after obtaining the buyer's agreement.
ARTICLE 6 - Transfer of Ownership
The transfer of ownership of the Seller's Products to the Customer will only occur after full payment of the price by the latter, regardless of the delivery date of said Products.
ARTICLE 7 - Right of Withdrawal
According to the provisions of Article L221-18 of the Consumer Code:
"For contracts providing for the regular delivery of goods over a defined period, the withdrawal period starts from the receipt of the first good."
The right of withdrawal can be exercised online using the attached withdrawal form, also available on the website, or through any other unambiguous statement expressing the intention to withdraw, notably by postal mail sent to the Seller at the postal or email address indicated in ARTICLE 1 of the General Terms and Conditions (GTC).
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled, or incomplete products will not be accepted for return.
The costs of return are borne by the Customer. Exchange (subject to availability) or refund will be carried out within 14 days from the receipt of the returned Products by the Seller, in accordance with the conditions specified in this article.
ARTICLE 8 - Seller's Liability - Guarantees
The Products provided by the Seller benefit from:
- The legal warranty of conformity for defective, damaged, or non-compliant Products
- The legal warranty against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products, rendering them unfit for use.
Provisions related to legal warranties
Article L217-4 of the Consumer Code:
"The seller is required to deliver goods in conformity with the contract and is liable for defects of conformity existing upon delivery. The seller is also liable for defects of conformity resulting from packaging, assembly instructions, or installation, where it is their responsibility under the contract or carried out under their responsibility."
Article L217-5 of the Consumer Code:
"The goods are in conformity with the contract if:
1° They are suitable for the normal use expected of a similar good, and, where applicable:
-
They correspond to the description given by the seller and possess the qualities the seller presented to the buyer as a sample or model;
-
They have the qualities a buyer can legitimately expect considering public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
2° Or if they have the characteristics mutually agreed upon by the parties, or are suitable for any special use sought by the buyer, brought to the seller's attention and accepted by them."
Article L217-12 of the Consumer Code:
"Action arising from a lack of conformity shall be time-barred two years from the date of delivery of the goods."
Article 1641 of the Civil Code:
"The seller is bound by the warranty on account of hidden defects in the item sold that render it unfit for the use for which it was intended, or that so impair its use that the buyer would not have acquired it, or would only have given a lower price for it, had they known of them."
Article 1648 paragraph 1 of the Civil Code:
"Action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect."
Article L217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial warranty granted to them upon the acquisition or repair of a movable property, for a covered repair, any period of immobilization of at least seven days shall be added to the remaining duration of the warranty. This period shall run from the date the buyer requested intervention or the date on which the item in question was made available for repair, if this availability is subsequent to the request for intervention."
To assert their rights, the Customer must inform the Seller in writing (email or letter) of the non-conformity of the Products or the existence of hidden defects from the time of discovery.
The Seller will refund, replace, or repair the Products or parts under warranty judged non-compliant or defective. Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of receipts.
Reimbursements, replacements, or repairs of Products deemed non-compliant or defective will be carried out promptly and at the latest within 2 weeks after delivery following the Seller's identification of the lack of conformity or hidden defect. This refund may be made via bank transfer or check.
The Seller's liability cannot be engaged in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which the Customer must verify in case of misuse.
- The photographs and graphics presented on the website are not contractual and cannot engage the Seller's liability.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 9 - Personal Data
The Customer is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. These personal data are collected solely for the execution of the sales contract.
9.1 Collection of Personal Data
The personal data collected on the website https://shop-foil.mgi-labs.com/ are as follows:
Account Creation
When creating a Customer/user account:
Names, first names, postal address, phone number, and email address.
Payment
In the context of payment for the Products offered on the website https://shop-foil.mgi-labs.com/, financial data related to the Customer/user's bank account or credit card are recorded.
9.2 Recipients of Personal Data
The personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sales and delivery service of the Products.
The category(ies) of co-contractor(s) is (are):
Transport service providers
Payment establishment service providers
9.3 Data Controller
The data controller is the Seller, within the meaning of the Data Protection Act (Loi Informatique et Libertés) and, as of May 25, 2018, the Regulation 2016/679 on the protection of personal data.
9.4 Limitation of Processing
Unless the Customer expressly agrees, their personal data will not be used for advertising or marketing purposes.
9.5 Data Retention Period
The Seller will retain the collected data for a period of 5 years, covering the time of the applicable contractual civil liability prescription.
9.6 Security and Confidentiality
The Seller implements organizational, technical, software, and physical security measures for digital protection to safeguard personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of information transmission or storage on the Internet.
9.7 Exercise of Customers' and Users' Rights
In accordance with the applicable regulations on personal data, Customers and users of the website https://shop-foil.mgi-labs.com/ have the following rights:
- They can update or delete their data as follows:
- Update: through their personal account space
- Deletion: by requesting it via email to RGPD@mgi-fr.com
- They can delete their account by writing to the email address indicated in section 9.3 "Data Controller"
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in section 9.3 "Data Controller"
- If the personal data held by the Seller are inaccurate, they can request the updating of the information by writing to the address indicated in section 9.3 "Data Controller"
- They can request the deletion of their personal data in accordance with the applicable data protection laws by writing to the address indicated in section 9.3 "Data Controller"
- They can also request the portability of data held by the Seller to another service provider
- Finally, they can object to the processing of their data by the Seller
These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller, whose contact details are provided above.
The data controller must respond within a maximum period of one month.
In case of refusal to comply with the Customer's request, the refusal must be motivated.
The Customer is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or appeal to a judicial authority.
The Customer may be asked to check a box indicating their agreement to receive informative and promotional emails from the Seller. They will always have the possibility to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual Property
The content of the website https://shop-foil.mgi-labs.com/ is the property of the Seller and its partners, and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
ARTICLE 11 - Applicable Law - Language
These General Terms and Conditions (GTC) and the transactions arising from them are governed by and subject to French law.
These GTC are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of a dispute.
ARTICLE 12 - Disputes
For any complaints, please contact the customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTC.
The Customer is informed that they can, in any case, resort to conventional mediation, through existing sectoral mediation bodies or any alternative method of dispute resolution (such as conciliation) in case of dispute.
In this case, the designated mediator is the Créteil court.
The Customer is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale transactions concluded under these GTC, which have not been settled amicably between the seller or through mediation, will be subject to the competent courts under the conditions of common law.
APPENDIX I
Withdrawal Form
Date ______________________
This form should be completed and returned only if the Customer wishes to withdraw from the order placed on https://shop-foil.mgi-labs.com/, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of: MGI
4 Rue de la Méridienne
94260 Fresnes
FRANCE
I hereby notify the withdrawal from the contract concerning the following item:
- Order dated (specify the date)
- Order number : ...........................................................
- Customer's Name : ...........................................................................
- Customer's Address : .......................................................................
Customer's Signature (only if notifying this form on paper)