General Terms and Conditions of Sale
The online shop mb-selection.com has been set up by MB Selection, the operator of this website.
Any order for a product appearing in the online shop of the mb-selection.com website requires that you have read and accept these general terms and conditions beforehand.
Furthermore, the user acknowledges that he/she is fully informed of the fact that his/her agreement regarding the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website shop.
The user has the right to save or print these general conditions, it being specified that both the saving and the printing of this document are his/her sole responsibility. The customer, prior to placing an order, declares that the purchase of these products is not directly related to his/her professional activity, and any purchase is limited to personal use on his/her part.
As a user, the customer therefore has specified rights, which would be affected in the event that the products or services obtained through the website are in fact related to his/her professional activity. The online shop set up by MB Selection as part of the website contains the following information :
- legal notice providing an accurate description of MB Selection
- the entirety this information is provided in French and has been translated into English/German to facilitate international customers.
- the conditions for ending the contract when the latter is for an indefinite period or for a period exceeding one year
- description of the main features of the goods on offer (MB Selection attempts to be as accurate as possible. However, MB Selection does not warrant that product descriptions or other content of any MB Selection Service is accurate, complete, reliable, current, or error-free. If a product offered by MB Selection itself is not as described, your sole remedy is to return it in unused condition).
- the price of the goods specified in Euros (€) and, where applicable, the shipping costs
- details of the terms of payment, shipping
- the existence of the right of withdrawal
- the duration of the offer or price
The user declares that he/she has full legal competence to enter into these general terms and conditions.
Article 1 :
These general conditions convey the full range of the parties' contractual responsibilities. In this respect, the customer is deemed to accept unconditionally all the provisions stipulated in these general conditions. No general or particular term and condition contained in the documents submitted or furnished by the consumer may be incorporated herein, as the said documents would be incompatible with these general terms and conditions.
Article 2 : Purpose
The purpose of these general conditions is to define the rights and responsibilities of the parties in connection with the online sale of goods and services offered by MB Selection to the consumer.
Article 3 : Contractual Agreements
This contract is comprised of the following contractual instruments, presented in descending order of priority: these general terms and conditions; the order form. In the event of any inconsistency between the provisions contained in these documents, the provisions of the higher priority instrument shall prevail.
Article 4 : Entry into Force - Duration
These general conditions come into force on the date the order form was submitted. These general conditions are in force for the period necessary for the provision of the goods and services subscribed to, until the expiry of the guarantees due by MB Selection.
Article 5 : Electronic Signature
The customer's "double click" on the purchase order constitutes an electronic signature which has, between the parties, the same legal effect as a handwritten signature.
Article 6 : Confirmation of Order
The order information will be confirmed by email no later than the time of dispatch or, failing that, to the address indicated by the customer on the order form.
Article 7 : Proof of Transaction
Computerized records, retained in MB Selection's computer systems under reasonably secure conditions, will be considered to be proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is conducted on a reliable and durable medium that may be produced as evidence.
Article 8 : Product information
8-a : MB Selection website displays its products for sale with the relevant information in compliance with Article L 111-1 of the Consumer Code, which enables potential consumers to determine the main features of the products they wish to purchase before placing a final order.
8-b : The offers provided by MB Selection are only applicable within the limits of availability.
Article 9 : Pricing
Prices are given in euros (and also in other currencies) and are only valid for the date on which the order is sent by the consumer. They do not include shipping costs, which will be calculated as an additional expense and displayed before the order is confirmed. Prices factor in the VAT applicable on the day of the order, moreover any change in the applicable VAT rate will be automatically applied to the price of the products in the online shop. Payment in full must be made at the time of ordering. Under no circumstances may the sums paid be considered to be a deposit or advance payment.
Article 10 : Method of Payment
To pay for the order, the consumer is free to choose any of the payment methods listed on the order form. The customer guarantees MB Selection that he/she has the required authorization to use the payment method chosen by him/her, when submitting the order form. MB Selection reserves the right to suspend all order fulfilment and shipping in the event of refused authorization for payment by credit card from officially accredited organizations or in the event of non-payment. MB Selection reserves the right to refuse to make a delivery to or honour an order from a customer who has not fully or partially settled a previous order or with whom a payment dispute is being handled. MB Selection has implemented an order verification procedure to ensure that no one uses another person's bank details without their knowledge. For this verification, the customer will be asked to submit a copy of an identity card/passport and proof of address by email to MB Selection. The order will only be validated after receipt and verification by our staff of the documents supplied. For any payment paid in instalments of, you will be asked to supply a full banking details (BIC/IBAN).
Article 11 : Product Availability
The order will be fulfilled within 3 working days of the customer placing his/her order at the latest, not counting the actual day of ordering. In the event of the product ordered not being available, notably due to our suppliers, the consumer will be informed as soon as possible and will be given the option of cancelling the order. The customer may either request a refund of the sums paid, repayable within 30 days of their payment at the latest, or the exchange of the product.
Article 12 : Terms of Delivery
The goods are shipped to the address specified by the customer on the order form. The customer is required to check the condition of the packaging upon receipt of the goods and to report any damage caused during transport on the delivery note, as well as reporting this to MB Selection, within one week. The customer can, upon request, request that the invoice be sent to the billing address and not to the delivery address by selecting the option provided for this purpose on the order form. As far as shipping is concerned, we mainly use the services of Colissimo Suivi (a tracked postal service provided by French post). At the time of shipping, you will immediately be informed of this by email.
To reduce transport costs to the minimum, all small and medium sized goods are shipped via Colissimo Suivi, a tracked postal service provided by French post, where the customer signs for the goods upon delivery. In addition to being cost-effective, this service provides 48-hour delivery throughout France, 3 days delivery time in Europe; 5 days to the United Stated and Japan. Furthermore it provides you with the option of picking up the package from the post office closest to the delivery address in the event of the postman finding no one to receive the goods at the delivery address.
In practical terms, should you be absent at the time of delivery, your postman will leave a delivery notification in your mailbox, which in turn enables you to collect your package from your local post office during normal business hours, within a two-week timeframe.
Colissimo Suivi is a very reliable service. However, as with any carrier, there might be a delay in delivery or the shipment may even get mislaid. In the event of a delivery delay that exceeds the date we indicated in our dispatch notification email, we ask you to inform us of this delay by phoning or emailing us. We will then contact the Post Office to launch an inquiry.
A Post Office inquiry can take up to 21 days from when the inquiry is first launched. If the package is located during this period, it will be immediately redirected to your home (this happens in the majority of cases). If, on the other hand, the product is not located by the end of the 21-day investigation period, La Poste (French postal service) then deems the parcel to have been lost. Only at this point can we send you a replacement item, at our expense.
Should the goods you ordered not be available any longer, we will refund you the purchase price of the products that were lost by the carrier. In the case that the item(s) are still available, but the price of the goods on the site has altered, we will charge the revised selling price, either by refunding you the difference by cheque or by requesting an additional cheque from you to cover any such price difference.
We decline any responsibility for any prolongation of delivery times in the hands of the carrier, in particular in the event of loss of goods or a strike.
Article 13 : Delivery issues caused by the transporter
Any anomalies detected in your delivery (due to shipping, products missing but listed on the delivery note, damaged packaging, damaged goods) must, without fail, be noted on the shipping documents you received upon delivery, above your own signature.
Simultaneously, the customer must make a formal claim to the transporter, by sending a registered letter, clearly detailing any anomaly/anomalies. A copy of this letter must be transmitted to our customer service by the client, either by email, or by regular post at the following address :
19 rue du Petit Montmarin
Article 14 : Something wrong with your order ?
- 14-a : If something is amiss on receipt of an order, the customer is required to contact MB Selection either the same day, or at latest, the first working day following delivery. Please indicate the nature of the complaint, be that a shipping problem and/or any issue with the goods themselves, or quantities supplied that doesn’t match the delivery note. Complaints lodged after this date will be turned down.
- 14-b : Complaints to MB Selection can be made in the following ways :
- preferably by email (email@example.com), or by telephone +33 (0) 3 84 78 18 59 from Monday to Friday, 9 a.m to 6 p.m.
- you can reach us via our website: go to "My Account", or you can communicate your issue via the menu “Contact Us” - always provide your order number.
- 14-c : Any claims made outside of the above-mentioned parameters and falling outside the given time frame will not be dealt with, thereby exonerating MB Selection from any responsibility towards the customer.
- 14-d : Once a claim has been made, MB Selection will deal with your inquiry and inform you within a short time. Please do not return any items to MB Selection without our prior authorisation.
- 14-e : Should the customer desire to return or exchange an item, after having received our prior authorisation, it/they must be returned in its/their entirety including the original bags and wrappings. Return the parcel using Colissimo for France and your local delivery service for other countries by sending it to the following address:
19 rue du Petit Montmarin
To fulfil the conditions of return/exchange, it is obligatory to report this to Customer Service at MB Selection beforehand. Shipping fees will be covered by MB Selection except in the case that it becomes apparent the returned item(s) do not conform with the initial complaint made by the customer on the return docket.
The following large-size items cannot be delivered free of charge :
- tub chairs/armchairs
- office chairs
- display cases
- tire shoes
- (Other items can be added by MB Selection)
Please get in touch with us with any questions concerning these goods.
Article 15 :
In compliance with Article 4 of Decree No. 78-464 of 24 March 1978, the conditions herein may not deny the customer the legal guarantee which requires that the commercial vendor guarantees him/her against all consequences of latent faults in the sold item.
The customer is hereby expressly notified that MB Selection is not the manufacturer of the goods featured on the website, in accordance with the sense of Law No. 98-389 of 19 May 1998 pertaining to liability for defects in goods.
Consequently, in the event of damage caused to a person or property by a fault in the product, only the manufacturer of the item may be held liable by the consumer, on the basis of the information on the packaging of the said product. The terms and conditions and duration of the manufacturer’s warranty are indicated on the product data sheets.
In view of the frequency for which components of technical goods may need renewal, MB Selection may, on request, inform the customer of the availability of spare parts for the goods on sale and how to obtain them if necessary.
Article 16 : Right of Retraction
The customer has 10 working days to return, at his/her own expense, items that do not meet his/her requirements. This runs from the day the customer’s order is delivered. Should this time-limit expire on a Saturday, Sunday or a public holiday or non-working day, it is extended until the following working day. Any item for return must be arranged beforehand by notifying Customer Service at MB Selection :
- you can phone MB Selection from Monday to friday from 9am to 6pm, at this number:+33 (0)384 781 859 or by email at this address: firstname.lastname@example.org
- alternatively you can contact Customer Service via the MB Selection website. Simply click on the "Contact" button which is located at the centre right on the very last line of MB Selection landing page. Be sure to include the order number in your message.
All items you wish to return must be posted to MB Selection via registered mail at the following address : MB Selection, 19 rue du Petit Montmarin, 70000 Vesoul, France.
Items which come with a seal, such as DVDs, CDs, etc must be returned with their seal intact, as breaking a seal will preclude the customer from availing of the right of retraction.
Electronic goods such as phones, headsets, headphones, speakers, etc. …. are subject to the legal retraction period of 7 days.
Any item which has been damaged, or whose original packaging has been damaged, is not eligible for refund or exchange.
The right of retraction is exercised without penalty, with the exception of return shipping costs. In the event of exercising the right of retraction, the customer may choose either a refund of the sum paid or opt to exchange the goods. In the event of an exchange, the fees to re-ship the goods will be at the customer’s expense.
When the customer exercises his/her right to retraction, MB Selection will make every effort to refund the customer within 15 days. However, given the technical nature of the goods sold, this time period may be extended up to 30 days, especially should the product require a technical inspection (see items which need to be tested initially).
The customer will be reimbursed by crediting his/her bank account (secure transaction) in the case of a credit card payment, or by cheque in other cases.
Concerning all Paypal payment transactions, the customer expressly accepts that in the event of a total or partial refund, this will be made after Paypal commissions have been deducted.
The fact is, commission charged by Paypal, regardless of circumstances, are not refunded by Paypal to the seller. Thus, whatever the reason or the circumstances concerning a Paypal refund, the latter will be made to the customer after deducting Paypal commission(s).
By making a purchase on this website, the customer duely accepts the terms and conditions. Any customer who chooses to pay via Paypal thereby expressly accepts this condition.
Article 17 : Rights of Use
The customer is granted the right to use MB Selection software, including those distributed by it, on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. Nonetheless, under Article L122-6-1 of this Code, the customer has a right of reproduction solely for the purpose of creating a back-up copy, should this be required to maintain the usability of the software. In every eventuality, the author of the software retains a right of ownership of his/her work, which the customer is bound to respect.
Article 18 :
Neither party shall be deemed to have failed to fulfil their contractual obligations, insofar as their implementation is delayed, hindered or prevented by a fortuitous event (casus fortuitous) or an extraordinary event or circumstance beyond the control of either party (vis major, which is referred to as Force Majeure in French law).
Fortuitous events or vis major are considered to be any overwhelming fact or circumstance, external to the parties, which is unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by them, despite all reasonable efforts.
The party affected by such circumstances shall notify the other party within ten working days of the date on which that party became aware of it. The two parties will then collaborate, within the time-frame of one month, unless this is not possible due to vis major, and assess the impact of the event and agree on the conditions under which fulfilment of the contract will be continued.
If the vis major circumstances last in excess of three months, these General Terms and Conditions may be revoked by the injured party. The following are considered as a vis major or fortuitous event, in addition to those normally recognised by the jurisprudence of French courts and tribunals: namely the blocking of means of transport or supplies, earthquakes, floods, fires, storms, lightening, outages of telecommunication networks or issues specific to telecommunication networks that are external to customers.
Article 19 : Partial Non-Approval
If one or more clauses of these General Terms and Conditions are deemed to be void or are declared to be invalid in application of a law, provision or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 20 : Non-Waiver
The fact that one of the parties does not cite a breach of any of the provisions specified in these General Terms and Conditions by the other party shall not be interpreted in the future as a waiver of the said provision.
Article 21 : Title
In the event of any difficulty in the interpretation to be found in any of the titles at the head of the clauses, and any of the clauses, the titles will be declared null.
Article 22 : Law Applicable
These general conditions are subject to French law. This is the case for matters both procedural and substantive. In the event of a dispute or a complaint, the customer shall first contact MB Selection to reach an amicable solution. The second step in the case of appeal, means the customer can file a complaint via his/her designated online chat window.
Article 23 : Data Protection Act
The details requested of the customer are necessary to enable the processing of his/her order, and may be shared with contractual partners of MB Selection who are implicated with the fulfillment of the order.