Terms and Conditions

TERMS AND CONDITIONS



Cook Mania

The company can be contacted by e-mail by clicking on the contact form accessible through the home page of the site.
Hereinafter the "Seller" or the "Company".

On the one hand, the natural or legal person who purchases products or services from the company, hereinafter referred to as the "Buyer" or "Customer".

In addition, the following has been established and agreed:


PREAMBLE The Seller is a publisher of products and services for sale to consumers, marketed through its websites https://cook-mania.com. The list and description of the goods and services offered by the Company can be consulted on the above mentioned websites.


SUMMARY


This website is operated by Cook Mania. On this site, the terms "we", "us" and "our" refer to Cook Mania. Cook Mania provides this website, including all information, tools and services available to you, provided that you agree to all the terms, conditions, policies and notices set out herein.


By visiting this site and/or purchasing one of our products, you agree to our "Service" and to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions", "Terms", "Terms"), including any additional terms, conditions and policies referenced herein and/or accessible via hyperlinks. These Terms and Conditions of Sale and Use apply to all users of this Site, including, but not limited to, users browsing the Site who are sellers, customers, merchants and/or content contributors.


Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of this Site, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, you must not access or use the website or the services offered on the website. If these Terms and Conditions of Sale and Use are considered an offer, your acceptance is expressly limited to these Terms and Conditions of Sale and Use.


All new features and tools added to this shop in the future will also be subject to these Terms and Conditions of Use. You can view the latest version of the Terms and Conditions of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website after posting any changes constitutes your acceptance of those changes.


Our store is hosted by Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.


Article 1 : Object These General Conditions of Sale determine the rights and obligations of the parties in the online sale of Products or Services offered by the Seller.


Article 2 : General Provisions
These Terms and Conditions (T&C) govern the sale of Products or Services, effectuées through the Company's websites, and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against Buyer who has accepted them before placing an order.
Seller reserves the right to update the changes at any time by posting a new version on its website. The applicable T&Cs are therefore those in force on the payment date (or the first payment in case of multiple payments) of the order. These T&C can be consulted on the Company's website at the following address: info@cook-mania.com .
The Company also ensures that their acceptance is clear and unreserved by setting a checkbox and a validation click. The Customer declares to have read all these General Conditions of Sale and, where applicable, the Special Conditions of Sale related to a product or service, and to accept them without restrictions or reservations.
The Customer acknowledges that he or she has the necessary advice and information to ensure the suitability of offre for his or her needs.
The Customer declares that he can legally contract under French law or that he can validly represent the natural or legal person to whom he commits himself.
Unless proven otherwise, the information recorded by the Company constitutes proof of all operations.



Article 3 : Prices The prices of products sold through the Internet sites are indicated in euros without taxes and are determined precisely in the product description pages. They are also indicated in euros, including all taxes (VAT + any other taxes) on the order page of the product, and excluding shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated without taxes on the invoice. In some cases, customs duties or other local taxes or import duties or state taxes may be paid. Such obligations and amounts are not borne by the Seller. They are borne by the Buyer and are the responsibility of the latter (declarations, payment to the competent authorities, etc.). The Seller invites the Buyer to inquire about these matters with the competent local authorities. The Company reserves the right to change its prices at any time in the future. The telecommunications costs necessary to access the Company's websites must be paid by the Customer. If applicable, shipping costs shall also be paid. The products on this website are generally shipped from Asia through Asian suppliers.



Article 4 : Conclusion of the online contract In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps for the conclusion of the contract electronically in order to complete his order: Information on the essential characteristics of the Product; Choice of Product, if applicable, its options - Indication of the Customer's essential contact details (identification, e-mail, address...); Acceptance of these General Terms and Conditions of Sale; Verification of the order elements (double click formalities) and, if applicable, correction of errors. Before proceeding with his signature, the Buyer has the possibility to verify the details of his order, its price, and to correct any errors, or to cancel his order. The confirmation of the order will lead to the formation of this contract. Then, you have followed the instructions for the payment, the payment of the products, and then the delivery of the order. The Customer will receive by e-mail confirmation of payment of the order, as well as a confirmation of receipt of the order on confirant. During the ordering process, the customer will have the opportunity to identify himself to correct any data entry errors. The language proposed for the conclusion of the contract is French.
The terms and conditions of offre and the general terms and conditions of sale are sent to the buyer by e-mail when the order is placed and are stored on the seller's website. If necessary, the professional and commercial rules with which the author of offre intends to comply are available in the "attached rules" section of this T&C, which can be consulted on the seller's website at the following address: https://cook-mania.com. The archive of communications, order data and invoices is effectué on an fiditable and durable medium to constitute an fiditable and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be presented as evidence of the contract.
In the case of delivered products, delivery will be made to the address indicated by the Customer. For the proper execution of the order, the Customer undertakes to provide its true identification elements. The seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith or for any legitimate reason.

Article 5 : Products and services The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where appropriate, the manner in which the product is used. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by marking, labelling, affichage or any other appropriate procedure, of the prices and special conditions of sale and provision of services prior to the conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the current price indicated on the day of the order and does not include the shipping costs invoiced as a supplement. Any such costs are indicated to the Purchaser during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to change its prices at any time upon change, ensuring the application of the price indicated at the time of order.
When the products or services are not immediately performed, clear information is provided on the product presentation page about the delivery dates of the products or services. The customer certifies that he has received a detailed account of the delivery costs, as well as the conditions of payment, delivery and execution of the contract, and detailed information regarding the identity of the seller, his postal, telephone and electronic addresses, and his activities in the context of this sale. The seller undertakes to process the customer's order within the limits of the available stock of the product. Failing this, the seller is obliged to inform the customer; if the order has been placed, and in the absence of agreement with the customer on a new delivery date, the seller is obliged to reimburse the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offerts on sale have no contractual value. The period of validity of the products of offre and their prices are specified on the Company's websites, as well as the minimum duration of the contracts offered when they concern a continuous or periodic supply of products or services. Subject to special conditions, the rights granted herein are granted only to the natural person who signs the order (or the person who has the e-mail address provided).


Article 6 : Conformity
In accordance with article L.411-1 of the French Consumer Code, the products and services offert sold through these T&C comply with current legislation on the health and safety of persons, fairness of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for any lack of conformity and any hidden defects of the product.
Pursuant to article L.217-4, the Seller shall deliver the goods in accordance with the contract and shall be liable for defects of conformity existing at the time of delivery. He shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation, if these have been assigned to him by the contract or have been carried out under his responsibility.
In accordance with the statutory provisions on conformity and hidden defects (§ 1641 Civil Code), the Seller is obliged to reimburse or replace defective products or products that do not correspond to the order. Refunds may be requested as follows: please refer to our refund policy for refund conditions


Article 7 : Retention of title clause The products remain the property of the Company until full payment of the price.

Article 8 : Delivery conditions The products are delivered to the delivery address indicated at the time of order and within the terms indicated. These deadlines do not take into account the time needed to prepare the order. Delivery requires an appointment with the customer if there is a problem with the order or orders. The processing of an order may take several days; the customer is billed on the day the order is processed. When the customer orders multiple products at the same time they may have delivery times différents shipped as follows: We ship from our partner factories so expect your items to be shipped separately (if you order more than one item), the different factories specialize in different areas of production. In case of delay in shipment (more than 7 days). In case of delay in delivery (if the item is not received within 60 days of the order), the Customer has the option to terminate the contract according to the terms and conditions set out in article L 138-2 of the Consumer Code. The seller will then reimburse the product and the "one-way" expenses under the conditions set out in article L 138-3 of the Consumer Code. The seller provides a contact point via e-mail indicated in the order confirmation by e-mail to ensure the follow-up of the order. The seller reminds the customer that when he takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is up to the customer, from the notification to the carrier, to make any reservations on the delivered product.


Article 9 : Availability and presentation In case of unavailability of an item for a period longer than 7 working days, you will be immediately informed of the expected delivery time and the order of this item can be cancelled upon request. The customer can then request a credit note for the amount of the article or a full refund and cancellation of the order.


Article 10 : Payment must be made immediately after the order, even for products ordered in advance. The customer can pay effectuer by credit card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The information transmitted is chiffrées in the rules of art and can not be read during transport on the network. Once the payment is initiated by the customer, the transaction is charged immediately after the verification information. In accordance with the provisions of the Monetary and Financial Code, the payment commitment given by the card is irrevocable. By providing his bank details at the time of sale, the customer authorizes the seller to debit his card for the price indicated. The customer confirms that he is in fact the legal owner of the card to be debited and that he is legally authorized to use it. In the event of an error, or if it is impossible to load the card, the sale is immediately cancelled by law and the order is cancelled.

Article 11 : Withdrawal period In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason within fourteen (14) days from the date of receipt of his order.
The right of withdrawal may be exercised by contacting the Company as follows: by e-mail at the following address: info@cook-mania.com. We inform customers that, in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for: see our refund policy. If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the shipping costs will be reimbursed, with the costs of returning the product(s) remaining at the Customer's expense. We are not responsible if you break your product or if you are injured by a broken rubber (usually impossible). Therefore, no refund will be made.

For product returns and refunds, please refer to our refund policy.

Article 12 : Guarantees In accordance with the law, the seller assumes the following guarantees: conformity and hidden defects of the products. The seller refunds the buyer or exchanges products apparently defective or not corresponding to the order effectuée. Refund requests must be sent to effectuer as follows: within 14 days of receipt of the article and sending the supporting photos to the following e-mail address: info@cook-mania.com or through the Facebook page dedicated to after-sales service; for complete information please consult our refund policy. The seller remembers that the consumer has a period of 14 days from the delivery of the goods to act with the seller who can choose between replacement and refund of the goods under the conditions provided by the above provisions. Apparently defective or only corresponding which is exempted from the obligation to prove the existence of the lack of conformity of the goods during the six months following delivery of the goods which, except for second-hand goods, this period is extended to 24 months from 18 March 2016 that the consumer can also claim the warranty against hidden defects of the thing sold under Article 1641 of the Civil Code and, in this case, can choose between cancellation of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).


Article 13 : Complaints and mediation If necessary, the Buyer can make any complaint by contacting the company using the following contact details: by e-mail to: info@cook-mania.com In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions laid down in Title I of Book VI of the French Consumer Code.
If no complaint is submitted to the seller's customer service department, or if no reply is received within two months, the consumer may submit différent to an ombudsman who will make an independent attempt to bring the parties together in order to obtain an amicable solution.


Article 14 : Termination of the contract
The order may be cancelled by the buyer by e-mail with a request for confirmation of receipt in the following cases: - delivery of a product that does not comply with the characteristics of the order; - delivery that exceeds the deadline at the time of the order or, in the absence of a date, within thirty days of payment; - unjustified price increase or modification of the product. In these cases, the buyer may request reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.



Article 15 : Intellectual property rights Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these products for any reason whatsoever is strictly prohibited.


Article 16 : Force majeure The performance of the seller's obligations under this agreement will be suspended in the event of an unforeseen event or force majeure preventing its execution. The seller will inform the customer of the occurrence of such event as soon as possible.

Article 17 : Invalidity and modification of the contract
The annulment of one of the clauses of this contract does not imply the nullity of the other clauses that will remain in force between the parties. Any modification of the contract is only valid after a written agreement signed by the parties.


Article 18: Protection of personal data In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller provides for the processing of personal data for the purpose of the sale and delivery of products and services referred to in this contract. The Buyer shall be informed of the following:
- the identification and contact details of the data controller and, where applicable, the data controller's representative: the Seller, as indicated at the end of these T&C; - the details of the data protection officer; - the legal basis of the processing: the execution of the contract
- the recipients or categories of recipients of personal data, where appropriate: the data controller, its marketing departments, the departments responsible for computer security, the department responsible for sales, deliveries and orders, the subcontractors involved in delivery and sales operations and any authority legally entitled to access the personal data concerned - no transfer outside the EU is envisaged - the period of retention of the data at the time of commercial prescription - the data subject has the right to request access to the personal data from the data controller, when rectifying or at effacement, or a restriction of the processing concerning him/her, or the right to object to the processing and the right to data portability - the data subject has the right to lodge a complaint with a supervisory authority - the information requested at the time of the order is necessary for the issue of the invoice (legal obligation) and the delivery of the ordered goods, otherwise the order cannot be executed. No decision or automatic profile through the ordering process applies.


Article 18: Applicable law and clauses. All the clauses of these general conditions of sale, as well as all the purchase and sale transactions to which they refer, will be subject to French law.
The nullity of a contractual clause does not imply the nullity of these general conditions of sale.


Article 19 : Information to consumers on consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code : The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unsuitable for its intended use, or which reduce such use to the point that the buyer would not have bought it, or would have given a lower price, only if he had been aware of them.
Art. 1648 of the Civil Code: The action resulting from defects must be brought by the buyer within two years of discovery of the defect.
In the case provided for in article 1642-1, the action must be brought, on pain of exclusion, within one year from the date on which the seller can be exonerated of the defects or the apparent lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers the goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects of conformity resulting from packaging, assembly instructions or installation, if this has been done under his responsibility under the contract or has been performed under his responsibility.
Article L. 217-5 of the Consumer Code: The goods comply with the contract:
1° If it is suitable for the normally intended use of a similar good and, where appropriate :
- If it corresponds to the description given by the seller and possesses the qualities which the latter has presented to the buyer in the form of a sample or model;
- if it possesses the qualities which a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular as regards advertising or labelling;
2° Or if it has the characteristics mutually agreed upon by the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by him.
Art. L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed within two years of delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the commercial guarantee granted to him at the time of purchase or repair of a piece of furniture, a period of immobilisation of at least seven days is added to the remaining duration of the guarantee.
This period begins on the date of the buyer's request for intervention or the date on which the goods in question are made available for repair, if this availability is subsequent to the request for intervention.