General conditions of sale MYA DISTRIBUTION SA online between professionals

Version of 01/06/2021  

These General Conditions of Sale (“GTC”) govern all relations between the company MYA DISTRIBUTION SA (“the Seller”), Rue de la Faïencerie 2, 1227 Carouge Switzerland, and Professionals placing an order with the company (hereinafter “the Buyer” or the “Client”), together the “Parties”.  

These general conditions of sale apply to all sales made on the website.

Article 1: Preamble

The Buyer declares to have read these general conditions of sale prior to placing his order.

Any order placed with MYA DISTRIBUTION SA implies the prior and unrestricted acceptance of these general conditions of sale, subject to French law.  

The validation of the order therefore implies acceptance of the general conditions of sale.

The fact for the user to tick the box "I have read and I accept the general conditions of sale" therefore means that he has read and accepted these general conditions. Failing to tick the box provided for this purpose, the customer will not be able to place an order.  

MYA DISTRIBUTION SA reserves the right to adapt or modify these general conditions of sale at any time.  

The applicable general conditions of sale are those in force on the day of the order.  

By placing an order with MYA DISTRIBUTION SA, the Buyer certifies having full capacity to commit to these general conditions of sale when carrying out transactions.

The Purchaser declares to have been fully informed of the characteristics and conditions of use of the products and services that he orders.  

These general conditions of sale prevail over any other document, and in particular over all general conditions of purchase. They apply, without restriction or reservation, to all services provided by the seller to professional buyers.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

These conditions of sale are communicated to any buyer who requests them in order to allow him to place an order.  

Article 2: Application of the general conditions of sale  

These general conditions of sale apply to professional buyers wishing to make a purchase on the myagroup.com website.  

Professionals means natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including when they act in the name or on behalf of another professional.  

The purpose of these general conditions is to define the rights and obligations of the Parties in connection with the online sale of goods and products offered by the seller to the buyer.

Article 3: MYA DISTRIBUTION SA products and services

The products and services offered by MYA DISTRIBUTION SA comply with French legislation and the standards applicable in France.  

To ensure the availability of the products sold by MYA DISTRIBUTION SA with regard to its customers, particularly during promotional offers, MYA DISTRIBUTION SA reserves the right to refuse to honor all or part of an order deemed abnormal with regard to the quantity of products ordered.  

The photographs of the products are not contractual.  

Article 4: Availability of products  

When ordering online, products and services are available at the prices and conditions offered as long as they are visible on the myagroups.com site. The catalog of products offered for sale is therefore likely to change.  Information relating to the availability of products comes directly from our suppliers and service providers and may exceptionally be incorrect or inaccurate. In this case, MYA DISTRIBUTION SA undertakes in this case to provide the customer with any additional information necessary for the smooth running of his order.

Upon validation of his order, MYA DISTRIBUTION SA confirms to the customer the availability of the products ordered. In the exceptional event that the information relating to the availability of the products is incorrect, MYA DISTRIBUTION SA undertakes to inform the customer of this by email or telephone and to provide him with any additional details necessary for the smooth running of his order.

In the event that a product presented for sale by MYA DISTRIBUTION SA becomes unavailable after confirmation of the Customer's order, making it impossible to execute the latter. MYA DISTRIBUTION SA undertakes to inform the latter electronically as soon as possible and to automatically cancel the order. 

Article 5: The order

The Buyer places his order from the online catalog.  

Any order implies acceptance of the prices.  

In certain cases, including non-payment, incorrect address, attempted fraud or other problem on the Buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.  

The online provision of the Buyer's bank details and the final validation of the order will constitute proof of the Buyer's agreement. This will allow the seller to obtain payment of the sums due under the order form and this will be worth signature and express acceptance of all the operations carried out.

The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the buyer on the order form.  

For any question relating to the follow-up of an order, the Buyer can send an e-mail to the address: serviceclient@myagroups.com.  

MYA DISTRIBUTION SA retains full ownership of the products sold until full payment of all sums due in connection with the customer's order.  

Article 6: Prices of products and services

All orders (products and services) are payable in euros or Swiss francs.  

The prices of products and services are subject to fluctuations and are updated daily.

The prices invoiced are those in force on the day of validation of the order.  

The prices do not take into account the delivery costs, invoiced if necessary in addition, and indicated before the validation of the order.  

The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.  

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.  

With regard to special orders which are not subject to payment directly on the site, these orders may give rise to the payment of a deposit, the terms of which will be fixed at the time of the sale. Except in cases of force majeure, any cancellation of the order by the buyer cannot give rise to the reimbursement of this deposit.

The Purchaser may benefit from special discounts and rebates where applicable, according to the special conditions specified when ordering.  

The prices visible on the myagroups.com site are only valid for online purchases and cannot under any circumstances be required for purchases in MYA-branded hypermarkets. Conversely, the prices charged in MYA hypermarkets are not valid for online purchases.

Article 7 - Method of payment  

To pay for his order online, the Customer has all the payment methods offered during the final validation of his order.

The order format offered on the site is an order with payment obligation, which means that placing the order involves payment by the Buyer.  

With regard to special orders which are not subject to payment directly on the site, in accordance with the law, any delay in payment obliges the service provider to invoice late payment penalties. The rate of late payment penalties is established on the basis of the semi-annual key rate of the European Central Bank; moreover, the overdue debtor will be required to pay the service provider a lump sum compensation for recovery costs of 40 euros, the Seller will be entitled to suspend the performance of its obligations until full payment of the unpaid invoice without this non-performance being able to be considered to be attributable to him.  

When payment is not made directly on the site, it must be made upon delivery of the goods.  

Exceptionally and only with the written agreement of the representative of the company MYA DISTRIBUTION, its payment must take place no later than thirty 15 days after the delivery of the order.  

For any order, MYA DISTRIBUTION SA reserves the right to apply deposits and/or installments.

MYA DISTRIBUTION SA specifically reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. administration.  

Article 8: Delivery

These general conditions of sale only concern purchases made on this website and delivered exclusively in Switzerland. For any other delivery, it should be indicated to obtain a specific quote.  

The delivery can be ensured both by the Seller and by an external service provider.  

In the event of non-compliance with the payment conditions listed above, the Seller may suspend or cancel the sale.  

The products are delivered to the address indicated by the Buyer on the order form, the Buyer must ensure its accuracy.

The Buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.  

The Buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, the Buyer must imperatively refuse the package and note a reservation on the delivery note (parcel refused because open or damaged). This verification is considered to have been carried out when the Buyer, or a person authorized by him, has signed the delivery note. The Buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or mail to the Seller at the address indicated in the legal notices of the site.  

The Buyer is responsible for checking the good accessibility of the place of delivery with the normal means of our delivery services.

Article 9: Shipping of products  

Any product available in stock in the warehouses of MYA DISTRIBUTION SA is dispatched within 2 working days following the validation of the order by MYA DISTRIBUTION SA, unless information is communicated to the customer.

Any product in stock in the warehouses of MYA DISTRIBUTION SA suppliers is dispatched in accordance with the deadlines set out on the product presentation sheet.

In the event of a delay, the Seller's liability cannot be engaged, for any reason whatsoever. Consequently, no claim for compensation of any nature whatsoever may be claimed by the Purchaser.  

Article 10: Complaint

The Buyer must formulate with the Seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or conformity of the products in kind or in quality with respect to the indications appearing on purchase order. Any complaint made after this period will be rejected.
 

The claim may be made:  

• by contacting the Seller at the following telephone number: +41 78 245 25 90

• using the following email address: serviceclient@myagroups.com

Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the Seller from any liability vis-à-vis the Buyer.  

Return costs are the responsibility of the Seller.  

Article 11: Product warranty  

The Seller guarantees the Buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in the design or supply of the said services, excluding any negligence or fault on the part of the Buyer.  

In any case, in the event that the Seller's liability is retained, the Seller's guarantee will be limited to the amount excluding VAT paid by the Buyer for the purchase of the goods.  

Article 12: MYA DISTRIBUTION customer service

For any information, the Buyer may contact MYA DISTRIBUTION SA customer service.

By email at: serviceclient@myagroups.com

By mail to the address: 2 Rue de la Faïencerie, 1227 Carouge SWITZERLAND

Article 13: Right of withdrawal

The Buyer being a professional buying within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the Consumer Code.  

Article 14: Force majeure

All unforeseeable, irresistible circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered as grounds for exemption from the obligations of the Parties and lead to their suspension.  

The Party that invokes the circumstances referred to above must immediately notify the other Party of their occurrence, as well as of their disappearance.  

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the Parties and which cannot be prevented by the latter, despite all possible reasonable efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supply, earthquake, fires, storms, floods, lightning , the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.  

The Parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.  

Article 15: Partial non-validation

If one or more clauses of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other clauses will retain their full force. and their scope.  

Section 16:  Non-waiver  

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.  

Article 17: Fight against fraud  

MYA reserves the right not to follow up on the order of a customer for whom problems (fraud or unpaid) have already occurred.

In any event, MYA DISTRIBUTION SA retains ownership of the items delivered until full payment of the price by the customer.
 

Article 18: Applicable law

These general conditions are subject to the application of French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
 

The Parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract.  

If they fail to do so, the Parties will submit the dispute to the courts of the Paris Court of Appeal and the Court of Appeal.  

Article 19: Information relating to your personal data

Collection of personal data

As part of the navigation, the Buyer may be required to enter personal data.  

The personal data collected on this site are as follows:  

Account opening: when creating the user's account; 

Connection: when the user connects to the website, he registers his surname, first name, company name, connection data, use, location and payment data.

Profile: the use of the services provided on the website makes it possible to fill in a profile which may include an e-mail address, a postal address, a telephone number. 

Payment: as part of the payment of products and services offered on the website, it records financial data relating to the bank account or credit card of use. 

Communication: when the website is used to communicate with other members, the data concerning the user's communications are subject to temporary storage.

Cookies: cookies are used as part of the use of the site. The user has the option of disabling cookies from their browser settings.  

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