GENERAL TERMS AND CONDITIONS OF SALE
Applicable to private individuals and professionals
1. IDENTITY OF THE SELLER
iPowermac Pro (Our Company), owner of the website www.ipowermacpro.com (the Site), is a French Brand registered with the Paris Trade and Companies Register under SIREN number 499560548, whose registered office is located at 1, Boulevard Exelmans 75016 PARIS (telephone number +33 (0)7.82.47.01.73).
2. APPLICATION OF THE CONDITIONS
These general terms and conditions of sale (GTC) apply to all sales concluded with consumers on the Site. You agree that the information requested for the conclusion of the contract or those sent during its performance may be transmitted electronically. The GTC may be amended at any time and without prior notice by Our Company, such amendments then applying to all subsequent orders. The applicable GTC are those in force on the date of the order, and they are sent by email with the invoice.
3. ORDERS
The essential characteristics of the product are indicated in the “product sheet”. Our Company may update, improve its product sheets, or withdraw products from sale. The period of availability on the market of spare parts essential to the use of the goods is communicated when such information is provided to us by the manufacturer. For products not stocked in our warehouses, our offers remain valid subject to availability from our suppliers. Delivery restrictions are indicated in the product sheet. It is your responsibility to obtain information from the competent authority in your country regarding any limitations on the import or use of the products or services you intend to order. Any abnormal order or bad-faith order, any fraud or attempted fraud, or any payment incident may result in the deletion and/or deactivation of the customer account concerned and/or the refusal of the order.
Any orders paid by the Customer and currently being prepared are considered final and may no longer be cancelled by the Customer, except in the event of stock shortages notified in writing by Our Company.
The product sheets present the essential characteristics of the products offered for sale. The photographs, descriptions and technical information appearing on the product sheets are provided for information purposes only and may come from manufacturers, distributors or suppliers. Slight variations may exist without this constituting a lack of conformity of the delivered product.
The products marketed by Our Company may come from professional distribution channels, clearance channels, industrial refurbishment, or specialized IT redistribution channels.
4. STEPS TO CONCLUDE THE CONTRACT
When placing a first order via the Internet, every new customer must create a “Customer Account”; a username (“login”) and a password of at least six alphanumeric characters will be required. Each time an order is validated, you will be redirected to your account through a secure connection recalling the contents of your order. Your order may be modified at any time before final validation. It will only be definitively recorded after all the required information has been entered and final validation has taken place. The order placed on our site is automatically cancelled if payment is not received. French is the only language offered for the conclusion of the contract. Our Company archives order forms and invoices on its servers (a copy may be provided to you upon request subject to payment of reproduction costs). The contract is validly concluded through the “double-click” procedure (possibility to verify the details of your order and its total price, and to correct any errors, before confirming it in order to express your acceptance). Confirmation that your order has been taken into account is sent by an automatically generated email from our website to the email address provided when creating the customer account.
5. PRICES
The prices shown on the Site are NET and in euros, excluding delivery costs. iPowerMac Pro operates under a VAT exemption regime, meaning VAT is not charged (Art. 293b of the French General Tax Code) and therefore cannot be recovered by professional customers. Delivery costs are calculated automatically according to each order; they appear on your order summary before final registration. Any order delivered outside mainland France may be subject to local taxes, customs duties, sea duties and customs clearance fees upon delivery. Payment of these charges is your responsibility and at your expense. Please check with the competent authorities in the country of delivery.
6. PAYMENT
Any payment made to Our Company may not be considered as a deposit. The accepted methods of payment are indicated in particular on the “Payment Methods” page of the website. You may never, on the grounds of a complaint, withhold all or part of the sums due by you, nor offset them. In the event of total or partial late payment of an amount due, Our Company may, by this fact alone and without prior notice, immediately suspend deliveries, without you being entitled to claim damages. As part of the fight against fraud, Our Company may ask you to justify your identity, your address, and the payment method used. In this case, the processing of your order will only take place upon receipt of these documents. If these supporting documents are not received, or if the documents received are considered non-compliant, the order may be cancelled and the account blocked.
6.1 PAYMENTS BY BANK TRANSFER
All payments by bank transfer imply a firm order with mandatory payment and not an order deemed firm only once it has been submitted pending receipt of the transfer by Our Company.
When you choose payment by Bank Transfer, you undertake to pay its amount, in the same way as for other means of payment such as: Credit Cards, Paypal.
All orders placed by the customer (Private Individual or Professional) using this method of payment always imply prior acceptance of the General Terms and Conditions of Sale when finalizing the purchase.
The G.T.C. or General Terms and Conditions of Sale are always subject to the Customer’s approval before finalizing the order.
6.2.1 Exceptions
Withdrawal is only possible after having received the ordered item, or if the purchased item is no longer available in stock.
The Company will inform the Customer of the impossibility of obtaining the ordered product, and the Customer will then be entitled to require the cancellation of the order, an exchange for another equivalent product, or a full refund (if payment has already been made by the Customer).
7. DELIVERY TIMES
Unless otherwise indicated, Our Company delivers the goods without undue delay and no later than thirty days after the conclusion of the contract. Delivery is made to the address you indicated when placing the order. Delivery means the transfer to the consumer of physical possession or control of the goods. In the event of a delivery delay exceeding 30 days, you may terminate the contract in accordance with the provisions of Article L.216-2 of the French Consumer Code.
The delivery time stated on the product page when adding one or more items to the cart is not a fixed deadline.
It is an indicative optimal timeframe.
Usual delivery times for products in stock in France are 2 to 4 business days, and 8 business days for products held in supplier stock imported from the United States or the United Kingdom.
Our Company will always do its best to deliver the product as quickly as possible, but it cannot be held responsible for supplier delays (if the product is only available in supplier stock) or delays inherent to the various carriers offered on the site.
In all cases, if the shipping time for your order proves to be longer than the optimal timeframe displayed on the product sheet, we will always inform the Customer of the likely delay or the exact delivery timeframe (in the case of a product in supplier stock and not in store stock).
The customer may not, under any circumstances, cancel the order or request a modification if payment has been made and the order validated (Private Individual and Professional Customer).
8. TRANSPORT
Any risk of loss or damage to the goods is transferred to you at the moment when you yourself, or a third party other than the carrier proposed by Our Company and designated by you, physically take possession of the goods (Article 216-4 of the French Consumer Code). It is recommended to refuse delivery if the parcel has been damaged, opened or repackaged and, failing that, to note precise and detailed reservations on the delivery slip. We invite you to immediately check the contents of the parcel and to contact Our Company immediately if a product proves to be damaged or missing compared to the packing list. We recommend that you repeat your protests and reservations by registered letter to the carrier within three days of receipt, in order to preserve claims against the latter (Article L133-3 of the French Commercial Code).
What are your rights in the event of damaged goods?
Has your product arrived damaged?
Refuse to sign the delivery slip unless you record your reservations on it, and refuse the goods.
Indeed, “as soon as the consumer takes possession of the goods, the risks (…) are transferred to them” “Consequently, it is important not to sign the delivery slip before checking the contents of the parcels and the condition of the goods.” (DGCCRF reference)
9. CONTACT AND AFTER-SALES SERVICE
For any request for product return or repair/exchange, we invite you to contact our services by logging into our site and going to the Return page of your online customer account, or by sending us an email at the following address: info@ipowermacpro.com.
Requests for product returns, after-sales service/repairs/exchanges made by telephone are not accepted; only a written request made by email to the above-mentioned address or via your customer interface is valid.
Return shipping costs are borne by the customer.
Our telephone hotline is not able to handle order returns, and any request made orally by telephone will be refused.
Any request for coverage under a warranty, for lack of conformity or for a defect must obligatorily be the subject of a prior written request to the after-sales service of Our Company.
No expert assessment carried out by a third party not appointed by Our Company may be asserted against it unless the product has first been examined by the technical department of Our Company or by an approved repairer appointed by it.
10. WITHDRAWAL & REFUND
Under the conditions provided for by Articles L221-18 et seq. of the French Consumer Code, you have a 14-day withdrawal period from delivery of the goods. For orders involving several goods delivered separately, the withdrawal period runs from the day on which the buyer, or a third party other than the carrier and designated by them, physically takes possession of the last item. To exercise the right of withdrawal, you must notify Our Company of the decision to withdraw by means of an unambiguous statement. It is recommended that you use for this purpose the withdrawal form available in the customer area or attached to these terms and conditions in the appendix.
WARNING: When an online sale of a product is concluded with a professional or with a customer using this product for their professional activity, or paid for using the company’s means of payment, or where the company’s name appears on the transaction record, or on the delivery address, the 14-day withdrawal period does not apply.
Professionals: If the sales department grants you a refund on an exceptional basis (only if the product is not in stock), the minimum refund period for a professional purchase is 14 calendar days from the date of cancellation and a maximum of 30 calendar days.
reference: The right of withdrawal is not applicable to certain contracts specified in Article L221-28 of the French Consumer Code
From the notification of the request for withdrawal by the customer, and provided that you have returned the product within this 14-day period from receipt of your product at your expense, you are invited to return the goods to the following address: 1, Boulevard Exelmans 75016 PARIS, France. In order to ensure better traceability of the return, it is mandatory to use the return authorization that will be communicated to you by our Customer Service and which will contain the indication of the exact address for returning the product.
Please return the product(s) together with any useful information concerning your contact details and your order. The costs related to shipping your goods, within the framework of this withdrawal request, are at your expense.
When, because of its nature (notably the weight of the equipment), the goods cannot normally be returned by post, it is mandatory for the customer to return parcels weighing more than 8 kg (kilograms) via an approved carrier such as UPS or DHL.
WARNING: The buyer may be held liable in the event of depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of those goods.
In the event of the buyer’s withdrawal, Our Company shall reimburse all payments received from them, including delivery costs.
10.1 REFUND
Our Company processes the refund within 14 days following receipt of the equipment at our company.
The refund is subject to conditions: the equipment must be returned complete, in its original packaging, in perfect working condition and without signs of use and aesthetic defects not reported at the time of return (scratches, cracks, breakages, oxidation / corrosion by liquids, deformation of metals or plastics, missing or altered keyboard keys).
The packaging and, in particular, the product’s original box and outer packaging form part of the product and must therefore be returned in a condition allowing normal resale of the product, subject to the applicable statutory rights in matters of withdrawal.
Any original product boxes or packaging returned damaged may lead, not to an automatic refusal of refund, but to a reduction proportionate to the depreciation actually observed, where the product or its packaging can no longer be resold under normal conditions.
Do not return a damaged product or a product whose packaging has been damaged without first informing Our Company.
To be clear: The returned product must be in a condition as close as possible to its original condition at the time of sale, and the packaging as well, both having to remain suitable for resale.
Concerning specific payments made by means of a virtual bank card, these will be refunded by bank transfer.
Our Company may defer the refund until receipt of the goods or until receipt of proof of dispatch of the goods, whichever occurs first.
The product must be returned in perfect working condition, complete, in its original packaging or equivalent, and properly protected, via a carrier ensuring delivery to the seller’s address, by hand or against signature. Shipments to pickup points, post office boxes or parcel lockers are expressly prohibited.
Any product returned by an unauthorized method or poorly packaged remains entirely under the customer’s responsibility until its effective receipt by iPowerMac Pro.
In the event of receipt of a damaged, degraded or non-compliant product compared with its original condition at the time of sale, iPowerMac Pro reserves the right to:
• Refuse the full refund if the product is rendered non-functional or unfit for resale, or
• Apply a reduction proportionate to the prejudice suffered (up to 100% of the price), within the limits permitted by law.
The customer is invited to keep all proof of shipment (proof of deposit, tracking) and to pack the product carefully to ensure its integrity.
As “proof of dispatch of the goods”, only the receipt of shipment issued by the carrier shall be accepted. The right of withdrawal may not be exercised in the cases provided for by Article L221-28 of the French Consumer Code and in particular for: - the supply of goods made to the consumer’s specifications or clearly personalized, such as parts assembled at the buyer’s request; - products which, by their nature, cannot be reshipped or are likely to deteriorate or expire rapidly, such as ink cartridges, CD or DVD cases, etc. - contracts for the supply of audio or video recordings or computer software when they have been unsealed by the consumer; products unsealed and which cannot be returned for reasons of hygiene or health protection; - sales concluded in store, - purchases made by professionals.
1.2 - Special Cases
In the event that the customer is offered another replacement product after having placed and paid for the order, and that this product is of a lower price or range than the one originally ordered, a voucher valid for one year on all items sold in our online store, equal to the price difference, will be offered to the customer. Refund is not possible in this case.
The customer’s validation of the new order shall constitute acceptance of the above conditions.
The offer proposed to the customer shall clearly mention the proposal including the voucher on the new order.
11. WARRANTY & REPAIRS
When a hardware problem arises with a product purchased on our site, we invite you to contact our after-sales service by logging into our site https://www.ipowermacpro.com, under the “contact” section so that a written record of your request may be properly recorded, thereby guaranteeing effective and prompt handling.
Any requests for after-sales service or repairs made by telephone shall be null and void.
The sales department or “hotline” is not able to process oral after-sales service requests remotely.
For optimal processing of your request, please comply with the above conditions.
A- Warranty on spare parts: specific case of the Micro-Processor
In the event of a failure of a microprocessor, such as Intel or AMD, sold as a spare part intended for a modular Mac such as Mac Pro or PC, refurbished or new clearance stock, the warranty only applies if the failure is due to the accidental electrical “death” of the processor upon its first installation, when unpacking the product, of the DOA “Death On Arrival” type.
A processor is not repairable; therefore, iPowerMac Pro cannot be held responsible for improper use or installation of the processor and disclaims all liability for failures that may occur during the year of warranty.
11.1. Manufacturer’s commercial warranty
For products benefiting from a specific manufacturer’s warranty (warranty handled directly by the manufacturer, or on-site warranty, or specific warranty extension), you must contact the manufacturer directly, without going through Our Company, which provides no commercial warranty whatsoever for such products. Our Company shall refuse any return of goods within this framework and may not be held liable for any failure of the manufacturer in connection with this warranty.
11.2. Commercial Warranty on new products
In the absence of the manufacturer’s warranty, new products sold in sealed blister packaging benefit from a commercial warranty from Our Company covering, among other things, breakdowns for a period of 2 years from the date of delivery.
Exclusions: new Apple clearance products (unsealed, opened boxes or refurbished products) which may, depending on their origin and their distribution channel, benefit either from an active Apple manufacturer’s warranty, or from a partial Apple warranty supplemented by the commercial warranty of Our Company, or from an exclusive commercial warranty provided by Our Company when the Apple warranty is not activated or applicable, in particular in the case of products coming from professional clearance channels or so-called AS-IS lots.
When the 1-Year Apple warranty is effective on the product displayed on the site, you will always find this indication in its description.
If the product description does not show direct handling of the Warranty by Apple, then the 1-Year warranty of Our Company shall prevail over Apple’s warranty and it is iPowerMac Pro that handles repairs under warranty for your product.
Certain Apple products marketed by Our Company may come from professional IT clearance channels or specialized distribution channels. These products may be materially new but may not have initially been distributed through the Apple consumer retail channel.
In such cases, the Apple manufacturer’s warranty may be partially active, inactive or replaced by a commercial warranty provided directly by Our Company.
Depending on the products, three warranty situations may exist:
1. Active Apple manufacturer’s warranty.
2. Partial Apple warranty supplemented by the commercial warranty of Our Company.
3. Exclusive commercial warranty of Our Company when the Apple warranty is not activated in the original distribution channels.
These situations do not constitute a lack of conformity of the product provided that the applicable warranty is clearly indicated on the product sheet.
11.2.1 Software Warranty and Mac OS
Mac OS is the operating system that manages your Mac; it is sold, installed and updated exclusively by Apple.
With regard to software problems inherent to Mac OS or to software specific to each Customer, iPowerMac Pro does not handle such requests.
The system software part of Mac OS is handled directly by Apple.
In this case, you are invited to contact Apple Support directly at: 0 800 046 046
For third-party software specific to each customer, please contact the publisher of the software concerned directly.
iPowerMac Pro is a reseller of Apple hardware and not a software publisher or the direct representative of Apple; it is therefore in no event responsible for software failures, bugs, system crashes, etc.
11.3.1 Commercial warranty of Our Company on refurbished products
Our refurbished products do not benefit from the two (2)-year commercial warranty or the manufacturer’s warranty, but from a 12-month (1 Year) warranty on Parts and Labor (excluding damage caused by liquids/oxidation, falls, improper handling by the user), therefore involving a return to the workshop for repair and possible replacement of defective parts.
Exclusions: Our Company does not guarantee damage from external causes; damage resulting from improper use of the products; damage resulting from modification or transformation of the products; damage resulting from intervention by a repairer not approved by Our Company or the manufacturer.
Our company also does not guarantee damage caused by liquids and oxidation (water damage, etc.), falls, shocks, breakage & theft.
Limitation: The commercial warranty of Our Company is limited, at the sole discretion of Our Company, to repair, replacement (with identical or superior equipment), a credit note or a refund equivalent in value for products recognized as defective by Our Company, taking into account the use made of them. Our Company only undertakes to ensure the replacement of defective parts and the repair of damage to goods supplied to the customer by Our Company.
11.3.2 REPAIRS
iPowerMac Pro guarantees that each repair, replacement of defective parts or equipment shall always be carried out by a repairer approved by Apple (iCare is the exclusive Apple-approved repairer for iPowerMac Pro), thereby ensuring the origin of such parts in conformity with Apple standards and a quality identical to original parts.
The after-sales service of Our Company may only apply within the framework of the commercial warranty of Our Company or the legal warranty.
Our Company may in no event be held responsible for: the loss or alteration of data or programs present on hardware or media (hard disk, ssd, memory card, etc.) returned for technical intervention, whether or not the products are under warranty; material and immaterial damage occurring during troubleshooting, particularly in the case where products not supplied by Our Company are returned.
Article L217-16 of the French Consumer Code: When the buyer requests from the seller, during the course of the commercial warranty granted to them upon acquisition or repair of movable property, a restoration covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty remaining to run. This period runs from the date of the buyer’s request for intervention or from the date the goods in question are made available for repair, if such making available occurs after the request for intervention.
11.3. Legal warranties
The commercial warranty of the manufacturer or of Our Company does not prevent the benefit of the legal warranty of conformity referred to in Articles L. 217-4 to L. 217-12 of the French Consumer Code and the warranty relating to defects in the item sold, under the conditions provided for in Articles 1641 to 1648 of the French Civil Code.
Legal warranty of conformity (see reference texts below)
When you act under the legal warranty of conformity, you:
• Benefit from a 2-year period from delivery of the goods in which to act (Article L217-7 of the French Consumer Code)
• May choose between repair or replacement of the goods, subject to certain cost conditions provided for by Article L.217-9 of the French Consumer Code.
• Are exempt from proving the existence of the lack of conformity during the twenty-four months following delivery of the goods (Article L217-7 of the French Consumer Code), and six months for second-hand goods.
The legal warranty of conformity applies independently of any commercial warranty or manufacturer’s warranty that may have been granted.
Legal warranty against hidden defects on products sold: You may decide to invoke the legal warranty against hidden defects in the item sold provided for by Article 1641 of the French Civil Code. In this case, you may choose between rescission of the sale or a reduction of the sale price (Article 1644 of the French Civil Code).
Legal warranty of conformity (French Consumer Code)
Article L217-4: The seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of delivery.
The seller is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was their responsibility under the contract or was carried out under their responsibility.
220319 Article L217-5: The goods are in conformity with the contract:
1° If they are suitable for the purpose usually expected of similar goods and, where applicable: - if they correspond to the description given by the seller and possess the qualities which the seller presented to the buyer in the form of a sample or model; if they possess the qualities which a buyer may legitimately expect in view of public statements made by the seller, the producer or their representative, particularly in advertising or labelling; 2° Or if they possess the characteristics defined by mutual agreement of the parties or are suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.
Article L217-12: The action resulting from the lack of conformity is barred two years after delivery of the goods.
Legal warranty against hidden defects on products sold (French Civil Code)
Article 1641: The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which impair that use to such an extent that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.
Article 1644: In the cases set out above, the buyer has the choice of returning the item and being refunded the price, or keeping the item and being refunded part of the price.
Article 1648 paragraph 1: The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect.
12. CONDITION OF PRODUCTS SOLD
12.1 - PREMIUM REFURBISHED PRODUCT - WHAT DOES THIS MEAN EXACTLY?
Clearance products are PREMIUM-condition products refurbished by Apple that are often no longer sold through traditional distribution channels. These products may come from clearance stock, end-of-line lots or unsold inventory.
Their packaging is sometimes no longer sealed and/or they benefit from so-called “generic Apple” packaging and/or “original Apple” packaging, and are therefore sometimes put back on sale with a substantial discount on their original price.
These products enjoy a “second life” by being sold at prices lower than their traditional selling prices. They are in new cosmetic and electronic condition and show no traces of use. They have been reset to their original configurations, inspected and cleaned on 27 points by Apple and are put back on sale with a 12-month warranty by resellers selected by Apple within the so-called circular economy sales network.
Unlike refurbished products sold by our competitors, these products do not come from customer returns, after-sales service, repairs, or purchases of lots from companies or individuals.
Nor are they products that have been displayed in stores and used as demo units, or used by customers.
12.2 - STANDARD REFURBISHED PRODUCT - THE SMALL iPOWERMAC PRO “PLUS”
Unlike most of our competitors, our refurbished products come from very high-quality refurbishment sources.
99% of them come from professional refurbishment facilities and are professionally restored to like-new condition and supplied with a warranty.
The discount on the price is therefore greater than for new clearance products.
A very small part of these lots may come from purchases of lots from companies or individuals, such products having been repaired by Apple after-sales service (battery replaced, cracked screen replaced, non-functioning keyboard replaced, etc.)
In all cases, iPowerMac Pro undertakes to put on sale only Grade A or even Grade A/B products (this is always specified on the product sheet), that is to say products whose cosmetic appearance and electronic quality criteria are like new.
Our refurbished products have been reset to their original configurations, inspected and cleaned on 27 points by Apple and are put back on sale with a 12-month warranty by resellers selected by Apple within the so-called circular economy sales network.
12.3 - B-STOCK PRODUCT - WHAT DOES THIS MEAN EXACTLY?
A B-Stock product is a product returned by a customer under the satisfied-or-refunded guarantee or replaced under warranty, and which cannot be resold as a new item. These products are offered at a reduced price. They are in like-new condition and function perfectly.
The products have not been used, and do not show any traces of use, scratches or shocks, and their batteries are also at 100% of their capacity. The functionality of B-stock items as well as the entirety of their contents are checked by our technicians, and they benefit from cleaning and antibacterial treatment before being put back on sale.
You therefore take no risk. Indeed, the 14-day satisfied-or-refunded guarantee as well as the 12-month iPowermac Pro warranty also apply to these products.
Warning: these offers are often limited and usually concern only one unit. Availability is therefore not guaranteed.
12.4 - NEW APPLE CLEARANCE PRODUCTS
Certain Apple products marketed by Our Company may come from professional clearance channels, surplus stocks, industrial lots or redistribution networks specialized in professional IT equipment. These products are materially new and have not been used by an end user but may initially have been intended for other distribution channels or markets. They may be sold in a so-called “AS-IS” condition, a common practice in the professional IT clearance sector, meaning that the Apple manufacturer’s warranty may not be activated as of the date of resale. In this case, the commercial warranty of Our Company applies in accordance with these General Terms and Conditions of Sale.
12.5 - INTERNATIONAL KEYBOARDS AND AZERTY LAYOUTS
Certain products coming from international distribution channels may be equipped with keyboard chassis of international origin (ANSI or other standards). When the product sheet indicates the presence of an AZERTY keyboard, this may result from an adaptation, laser engraving, replacement of keys or a modification carried out by the manufacturer, distributor or specialist wholesaler in order to correspond to the French AZERTY layout. This adaptation does not alter either the functioning of the product or its technical characteristics and does not constitute a lack of conformity provided that the AZERTY layout is clearly indicated on the product sheet.
13. RETENTION OF TITLE
The goods delivered and invoiced to you shall remain the property of Our Company until full payment of their price. Failure to pay the full amount may result in the reclaiming of the goods by Our Company, restitution being immediate and the delivered goods being returned at your expense, risk and peril. During the period from delivery to transfer of ownership, the risks of loss, theft or destruction, as well as any damage you may cause, remain at your expense.
14. INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
Our Company collects information concerning you, notably when your Customer Account is created. This information enables us to carry out, in particular, operations relating to customer management, prospecting, the preparation of business statistics, the management of your rights, the management of unpaid debts and litigation, the management of promotional operations, and the management of reviews. This data may be used for sending information and promotional offers from Mac Trader France, from which you may unsubscribe at any time by unchecking the option on the My Account / Manage my Newsletter subscriptions page. The legal basis for these data processing operations is the performance 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 authorities and legal auxiliaries legally authorized to receive them. Your data will only be kept for as long as necessary to fulfill 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 6 January 1978 (as amended) and the General Data Protection Regulation, you benefit from a right of access, rectification, portability and erasure of your personal data. You may also request the restriction of the processing of your data.
To find out more or exercise your rights, write to or to iPOWERMAC PRO – 1, Boulevard Exelmans 75016 PARIS. Your request must specify your surname(s), first name(s), customer number and include a copy of your identity document. You may also, on legitimate grounds, object to the processing of your data and have the right to withdraw your consent at any time when the personal data processing operations implemented are based on it. The consumer is informed of the possibility of registering on the Bloctel telephone canvassing opt-out list. Finally, you have the possibility of lodging a complaint with the competent authorities responsible for the protection of personal data.
15. WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)
Our Company takes back free of charge, or arranges to have taken back free of charge on its behalf, waste electrical and electronic equipment discarded by the consumer, 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 collection systems are available to you, and of the potential effects of hazardous substances present in EEE on the environment and human health. You are informed of the unit costs borne for the disposal of historical WEEE through the eco-contribution.
16. FINAL PROVISIONS
Our Company will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the French Civil Code. The computerized registers of Our Company shall be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise. French law shall apply without, however, excluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign judge seized by a consumer from the corresponding country. If one of the clauses or provisions of these GTC were to be annulled or declared illegal by a final court decision, such nullity or illegality shall not affect the other clauses and provisions, which shall continue to apply. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Our Company adheres to the FEVAD e-commerce mediator service (Fédération du e-commerce et de la vente à distance), whose contact details are as follows: 60 rue de la Boétie – 75008 Paris – After a prior written approach by consumers vis-à-vis Our Company, the Mediator Service may be contacted for any consumer dispute which has not been resolved.
In the event of a dispute relating to the condition or conformity of a product, Our Company reserves the right to carry out a technical assessment of the equipment by its technical department or by an approved repairer appointed by it. Any assessment carried out unilaterally by a third party not appointed by Our Company shall not be capable of engaging its liability without prior examination of the product by its departments.
To find out how to refer a matter to the Mediator: http://www.mediateurfevad.fr
The consumer is also informed of the existence of the platform set up online by the European Commission for the purpose of collecting possible complaints arising from an online purchase by European consumers and then transmitting the cases received to the competent national mediators: Our Company adheres to FEVAD whose codes of good conduct are available on its site. The fact that Our Company does not rely at a given time on one of the clauses hereof may not amount to a waiver of relying later on the same clauses - http://ec.europa.eu/consumers/odr/.
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* hereby give notice of my/our* withdrawal from the contract for the sale of the goods below.
Customer No.:
Order No.: Ordered on*/Received on*: Surname/First name:
Address: Signature Date
*Delete as appropriate