TERMS OF SALES
Applicable to consumers and professionals
1. IDENTITY OF THE SELLER
IPOWERMAC PRO (Our Company), owner of ipowermacpro.com site (the website), is an Registered Company (E.U). under the number 499560548 at RCS/Paris. Our office is located at 1, Boulevard Exelmans 75016 PARIS / France (Phone number: + 33 (0) 7.82.47.01.73).
2. APPLICATION OF CONDITIONS
These general conditions of sale (Terms & Conditions) are applicable to all sales concluded with consumers on the Site. You agree that the information requested for the conclusion of the contract or that addressed during its execution is transmitted electronically. The CGV can be modified at any time and without notice by Our Company, the modifications then being applicable to all subsequent orders. The applicable GTC are those in force on the day of the order, they are sent by email with the invoice.
The essential characteristics of the product are indicated in the "product sheet". Our Company can update, improve its files, withdraw from the sale of products. The period of availability on the market of spare parts essential for the use of the good is communicated when we are informed by the manufacturer. For products not stored in our warehouses, our offers are valid subject to availability from our suppliers. The delivery restrictions are indicated in the product sheet. It is your responsibility to check with the local authority in your country about any restrictions on the import or use of the products or services you plan to order. Any abnormal or bad faith order, any fraud or attempted fraud, any incident of payment of the price of an order may result in the deletion and / or deactivation of the customer account concerned and / or the rejection of the order.
All orders paid by the Customer during preparation are considered final and can no longer be canceled by the Customer, except for stock shortages notified in writing by Our Company.
4. STEPS TO CONCLUDE THE CONTRACT
When ordering for the first time on the Internet, all new customers must create a "Customer Account"; an identifier (“login”) and a password of at least six alphanumeric characters will be requested. During each order validation, you will be directed to your account via a secure connection recalling the content of your order. Your order can be modified at any time before its final validation. It will only be definitively recorded after the various information has been provided and final validation. The order placed on our site is automatically canceled if the payment is not received. French is the only language proposed for the conclusion of the contract. Our Company archives purchase orders and invoices on its servers (a copy can be delivered to you on request for payment of reproduction costs). The contract is validly concluded due to the “double-click” procedure (possibility to check the details of your order and its total price, and to correct any errors, before confirming it to express your acceptance). The taking into account of your order is confirmed by the sending of an email automatically generated by our website to the email address indicated during the creation of the customer account.
The prices listed on the Site are indicated inclusive of VAT (All Taxes Included) and in euros, excluding delivery costs. The amount of delivery costs is calculated automatically based on each order; it appears on the summary of your order, before final registration. Any order delivered outside of mainland France may be subject to any local taxes, customs duties, dock dues and customs clearance fees upon delivery. Their acquittal is your responsibility and is your responsibility. Contact the competent authorities of the country of delivery.
Any payment made to Our Company cannot be considered as a deposit. The means of payment accepted are indicated in particular on the page "Methods of payment" of the website. You may never, on the grounds of a claim, withhold all or part of the sums due by him, or make any compensation. Late in total or partial payment from one due date to the other, Our Company may, on this sole fact and without the need for prior notice, immediately suspend deliveries, without your being able to claim damages and interests. As part of the fight against fraud, Our Company may ask you to justify your identity, your domicile, and the means of payment used. In this case, the processing of your order will take place upon receipt of these documents. In the absence of receipt of these supporting documents or in the event of receipt of supporting documents deemed non-compliant, the order may be canceled and the account blocked.
6.1 PAYMENT IN 4 TAKES WITH PAYPAL
Purchase payments can be splitted in four (4) and are only available with Paypal, maxmimum amount : 2000€ Euros.
More informations here: https://www.paypal.com
7. DELIVERY TIMES
In the absence of any indication, Our Company delivers the goods without undue delay and at the latest thirty days after the conclusion of the contract. Delivery is made to the address you specified when placing the order. Delivery means the transfer to the consumer of physical possession or control of the goods. In the event of late delivery, you can terminate the contract in accordance with the provisions of article L.2162 of the Consumer Code.
Any risk of loss or damage to goods is transferred to you when you, or a third party other than the proposed carrier Our Company and designated by you, physically takes possession of these goods (article 216-4 of the consumption). It is recommended to refuse delivery if the package has been damaged, opened or reconditioned and failing to enter precise and detailed reservations on the delivery slip. We invite you to immediately check the contents of the package and to contact Our Company immediately if a product turns out to be damaged or missing from the preparation voucher list. We recommend that you reiterate your protests and reservations by registered letter to the carrier within three days of receipt, to allow the retention of remedies against the latter (article L133-3 of the Commercial Code).
9. CONTACT AND AFTER-SALES SERVICE
For any request, we invite you to contact our services by logging into our site and by going to the Return page of your online customer account, or by sending us an email to this address: email@example.com.
Under the conditions provided for in articles L221-18 and following of the Consumer Code, you have a withdrawal period of 14 days from the delivery of the goods. For orders for several goods delivered separately, the withdrawal period runs from the day when the buyer, or a third party other than the carrier and designated by him, physically takes possession of the last good. To exercise the right of withdrawal, you must notify Our Company of the decision to withdraw by an unambiguous declaration. It is recommended that you use the withdrawal form available in the customer area or attached to these conditions in the appendix.
From the notification of the withdrawal, you have a period of 14 working days to return, at your expense, the goods to our head office located at: 115, rue Saint-Dominique 75007 PARIS, in France. In order to ensure better traceability of the return, you are recommended to use the return authorization which will be communicated to you by our Customer Service and which will contain the indication of the exact address for the return of the product.
Please return the product (s) along with the product with any useful information regarding your contact details and your order. The costs related to the shipment of your goods, as part of this request for withdrawal, are your responsibility.
ATTENTION: When a sale of an online product is concluded with a professional or with a customer using this product for his professional activity, or paid with the means of payment of the company or that the name of the company appears on the statement of transaction, or the delivery address or billing address, the 14-day withdrawal period does not apply.
You are only eligible for a product exchange or repair (at the one and only condition that the product you received is presenting a hardware defective aspect after opening the package).
Reference: The withdrawal period is not applicable for certain contracts specified in article L221-28 of the Consumer Code.
1. Orders placed online, with withdrawal or carrier shipment
Upon receipt of the return, and after verification of the proper functioning and of the interior and exterior appearance of the product, a refund will be issued on your original method of payment:
- bank card if it is a bank card (Visa, Mastercard, American Express) within 14 working days maximum after receipt of your return package.
- bank transfer if you paid by bank transfer, check or cash.
- in case of payment of an order with the payment method in several installments, your schedule will be canceled and the amount corresponding to your first payment will be fully refunded.
2. Orders placed directly, or on site:
For orders placed by telephone and / or paid on site at our offices, no product return (s) will be accepted, excluding 6 month warranty.
3. Refund process / times:
1.1 - The refund will be made within a maximum of 14 working days following the receipt of your return package (after verification of conformity to the original product and approval of the return product by IPowermac Pro customer service).
1.2 - Special cases
In the event that the customer is offered another replacement product after placing an order and paying for it, and this product is of a lower price or range than that initially ordered, a credit note valid for one year on all items for sale in our online store, worth the price difference will be offered to the customer. Reimbursement is not possible in this case.
When a problem arises with equipment, we invite you to contact our after-sales service by logging on to our website https://www.ipowermacpro.com, under "contact"
12.1. Manufacturer's commercial warranty
For products with a specific manufacturer's warranty (assumption of the warranty directly by the manufacturer, or on-site warranty, or extension of specific warranty), you must contact the manufacturer directly, without going through Our Company, which does not provide no commercial warranty for these products. Our Company will refuse any return of goods in this context and cannot be held responsible for any failure by the manufacturer under this warranty.
12.2. Commercial warranty on new products
In the absence of the manufacturer's warranty, the products benefit from a commercial warranty from Our Company covering, among other things, breakdown for a period of 2 years from the date of delivery.
Exclusions: new Apple products, which benefit from a one year Apple limited warranty, and which are to be managed directly with Apple via their Applestore consumer service, this including hardware and software breakdowns, CPU OEM or Tray (Intel or AMD Branded) are not subject to the manufacturer's warranty but the reseller's warranty (iPowermac Pro in that case)
12.3 Our company's commercial warranty on refurbished products
Our refurbished products do not benefit from the 2-year commercial warranty or the manufacturer's warranty, but a 6-month warranty on parts and labor, therefore a return to the workshop for repair and possible replacement of defective parts.
A - Warranty for spare parts: specific case of the Micro-Processor (CPU)
In the event of a breakdown/failure on an Intel or AMD type microprocessor which was sold as a spare part (OEM or Tray) intended for a modular Mac such as Mac Pro or PC, refurbished or new from stock, the warranty only applies if the failure is due to to the accidental electrical "death" of the processor/CPU called DOA or "Dead On Arrival".
DOA or Dead On Arrival means that the product is not working on delivery.
iPowerMac Pro do not cover user-serviceable damages. CPU's are not repairable.
We are not reponsible of damages that can occur or can be done to the CPU by the client, whatsoever they are (overclocking, bad cpu installation, overheating due to bad installation of the cpu, etc)
All cases of self servicing processes that the client might do during its year of warranty are NOT covered by our warranty outside DOA.
Exclusions: Our Company does not guarantee damage of external origin; Damage resulting from improper use of the products; Damage resulting from modification or transformation of products; Damage resulting from the intervention of a repairer not approved by Our Company or the manufacturer.
Our company also does not guarantee damage caused by liquids and oxydation (water damage, etc.)
Limitation: The commercial guarantee of Our Company is limited, to the free choice of Our Company, to repair, to replacement (by identical or superior equipment), to a credit or to a refund in value of the products recognized as defective by Our Company, taking into account the use that has been made of it. Our Company is only committed to ensuring the replacement of defective parts and the repair of damage to goods supplied to the customer by Our Company.
Our company's after-sales service can only work within the framework of our company's commercial guarantee or the legal guarantee.
Our Company can in no way be held responsible for: the loss or alteration of the data or programs present on the materials or supports (hard disk, ssd, memory card, etc.) which are returned for a technical intervention, whether the products are under warranty or not; material and immaterial damage which would occur during troubleshooting, in particular in the event that products which have not been supplied by Our Company are returned.
Article L217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a covered repair by the warranty, any downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's intervention request or the provision for repair of the goods in question, if this provision is subsequent to the intervention request.
12.3. Legal guarantees
The manufacturer's or Our Company's commercial guarantee does not preclude the benefit of the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 of the Consumer Code and that relating to defects in the item sold. , under the conditions provided for in articles 1641 to 1648 of the Civil Code.
Legal guarantee of conformity (see reference texts below)
When you act as a legal guarantee of conformity, you:
- Benefit from a period of 2 years from the delivery of the goods to act (Article L217-7 of the Consumer Code)
- You can choose between repairing or replacing the goods, subject to certain cost conditions provided for in article L.217-9 of the Consumer Code.
- You are exempted from reporting proof of the existence of the lack of conformity during the twenty-four months following the delivery of the goods (Article L217-7 of the Consumer Code), and six months for second-hand goods.
The legal guarantee of conformity applies regardless of the commercial guarantee or the manufacturer's guarantee, if any.
Legal warranty against hidden defects on products sold: You can decide to implement the legal warranty against hidden defects of the thing sold planned (article 1641 of the Civil Code). In this case, you can choose between canceling the sale or reducing the sale price (article 1644 of the Civil Code).
Legal guarantee of conformity (Consumer Code)
Article L217-4: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing during delivery.
He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
220319 Article L217-5: The goods comply with the contract:
1 ° If it is suitable for the use normally expected of similar goods and, if applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; if it has the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by its representative, in particular in advertising or labeling; 2 ° Or if it has the defined characteristics by mutual agreement by the parties or is suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12: The action resulting from the lack of conformity lapses two years after delivery of the goods.
Legal warranty against hidden defects on products sold (Civil Code)
Article 1641: The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use, that the buyer has not acquired it, or would have given a lesser price, if he had known them.
Article 1644: In the case of articles and the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned.
Article 1648 paragraph 1: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
13. RETENTION OF TITLE
The goods which will be delivered to you and invoiced will remain the property of Our Company until full payment of their price. Failure to pay the full amount may result in the claim for goods by Our Company, the return being immediate and the goods delivered at your expense and risk. During the period from delivery to transfer of ownership, the risk of loss, theft or destruction, as well as the damage that you may cause remain your responsibility.
14. COMPUTERS AND FREEDOMS
Our Company collects information concerning you in particular when creating your Customer Account. This information allows us to perform in particular the operations relating to customer management, prospecting, the development of commercial statistics, the management of your rights, the management of unpaid and litigation, the management of operations promotional, management of reviews. This data can be used for sending information and promotional offers from Mac Trader France, which you can unsubscribe at any time by unchecking the option My account / Manage my newsletter subscriptions. The legal basis for this data processing is the execution of these GTC. Prospecting operations relating to similar goods and products are based on the legitimate interest of our Company. Other prospecting operations are based on your consent. The recipients of your data are the departments of our Company, our subcontractors and the authorities and legal assistants legally empowered to receive communication. Your data will only be kept for the time necessary to achieve the aforementioned purposes, and in accordance with the legal retention rules applicable in commercial matters. In accordance with the provisions of the Data Protection Act of January 6, 1978 (amended) and the General Data Protection Regulations, you have the right to access, rectify, portability and erase your personal data. You can also request the limitation of the processing of data concerning you. To find out more or exercise your rights, write to or at IPOWERMAC PRO - 115, rue Saint-Dominique 75007 PARIS. Your request must specify your name (s), first name (s), customer number and include a copy of your identity document. You can also, for legitimate reasons, oppose the processing of data concerning you and have the right to withdraw your consent at any time when the processing of personal data implemented is based on this. The consumer is informed of the possibility that he has to register on the list in opposition to Bloctel canvassing. Finally, you have the option of lodging a complaint with the supervisory authorities responsible for the protection of personal data.
15. WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)
Our Company takes back free of charge, or causes to be taken back free of charge on its behalf, used electrical and electronic equipment which the consumer disposes of, within the limit of the quantity and type of equipment sold . For this purpose, contact our customer service. We inform you of the obligation not to dispose of WEEE with household waste, that there are collection systems available to you - the potential effects of hazardous substances found in IAS on the environment and human health. You are informed of the unit costs incurred for the disposal of historic WEEE thanks to the eco-contribution.
16. FINAL STIPULATIONS
Our Company will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized registers of Our Company will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. French law is applicable without excluding the application of mandatory legislative rights granted to consumers or of a more protective imperative law by the foreign judge seized by a consumer from the corresponding country. If any of the clauses or provisions of these GTCS were to be canceled or declared illegal by a final court decision, this nullity or illegality will in no way affect the other clauses and provisions, which will continue to apply. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Our Company adheres to the Service of the Mediator of e-commerce of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 rue de la Boétie - 75008 Paris - After consumers have made prior written representations to Our Company, the Mediator's Service can be seized for any consumer dispute the settlement of which has not been resolved.
To find out how to refer the Mediator: http://www.mediateurfevad.fr
The consumer is also informed of the existence of the platform put online by the European Commission which aims to collect any complaints arising from an online purchase from European consumers and then to forward the cases received to the competent national mediators: Our Company adheres to FEVAD, the codes of good conduct of which are available on their site. The fact for Our Company of not availing itself at one time of one of the clauses of the present, cannot be considered as a renunciation to avail itself later of these same clauses - http://ec.europa.eu/consumers/odr/ .
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of IPOWERMAC PRO - After sales service, 1, Boulevard Exelmans 75016 PARIS
I / We * notify you / notify * hereby my / our * withdrawal from the contract for the sale of the property below.
Order number: Ordered on * / Received on *: Last name / First name:
Address: Signature Date
* Cross out the useless mention