General terms of sale and use

1. About us

Company Name: MKF COMMERCE

Quebec Business Number (NEQ): 2280967086

Address: 4765B rue Dubois Drummondville Québec J2E 1B8 Canada

Phone: +1(514)2986709

E-mail: contact@sacvoyageur.com

Editor in charge: Fabrice MD

Main activities: Wholesale trade of shoes and clothing and retail trade of shoes in specialized stores

2. Preamble

The Company invites its Users to read carefully these General Terms and Conditions of Sale and Use (hereinafter the "GTC/GTU"). The GTC/GTU apply to all Services provided by the Company to its Clients of the same category, regardless of any clauses that may be included in the Client's documents, including their general purchasing conditions.

The GTC/GTU are systematically communicated to the Client upon request.

The Client is required to be aware of the GTC/GTU before placing any Order.

In the event of subsequent modification of the GTC/GTU, the Client is subject to the version in effect at the time of their Order.

The data recorded in the Company's computer system constitutes proof of the transactions concluded with the Client.

3. Definitions

"Client" refers to any natural or legal person who places an Order on the present Website;

"Order" refers to any order placed by the User registered on the present Site, in order to benefit from the Company's Services;

"General Terms and Conditions of Sale and Use" or "GTC/GTU" refer to these general terms and conditions of online sale and use;

"Consumer" refers to the buyer, a natural person, who does not act for professional needs and/or outside of their professional activity;

"Professional" refers to the buyer, whether a legal or natural person, acting within the scope of their professional activity;

"Services" refers to all services offered to Users by the Company through the present Site;

"Site" refers to the present Site;

"Company" refers to the Company, more fully described in Article I hereof; and

"User" refers to any person who uses the Site.

4. Registration

Registration on the Site is open to all legal or natural persons who are of legal age and enjoy full legal personality and capacity.

The use of the Services offered on the Site is conditional upon the User's registration on the Site.

To proceed with registration, the User must fill in all mandatory fields, without which the service cannot be delivered. Otherwise, the registration cannot be completed.

Users guarantee and declare on their honor that all information provided on the Site, particularly during their registration, is accurate and reflects reality. They commit to updating their personal information from the dedicated page available in their account.

Every registered User has an identifier and a password. These are strictly personal and confidential and must not, under any circumstances, be communicated to third parties, under penalty of deletion of the offending registered User's account. Each registered User is personally responsible for maintaining the confidentiality of their identifier and password. The Company will not be held responsible for any identity theft of a User. If a User suspects fraud at any time, they must contact the Company as soon as possible so that it can take the necessary measures and regularize the situation.

Each User, whether a legal entity or an individual, may only hold one account on the Site.

In case of non-compliance with the CGV/CGU, particularly the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending registered User.

The deletion of the account results in the permanent loss of all benefits and services acquired on the Site. However, any Order made and billed by the Site before the account deletion will be executed under normal conditions.

In the event of account deletion by the Company for failure to comply with the duties and obligations set out in the CGV/CGU, it is strictly prohibited for the offending User to re-register on the Site directly, through another email address, or by an intermediary without the express permission of the Company.

5. Service provision and price

The Services subject to the CGV/CGU are those listed on the Site and offered directly by the Company or its partner providers.

The services are described on the corresponding page within the Site, and all their essential characteristics are mentioned. The Company cannot be held responsible for the impossibility of carrying out the said service when the User is not eligible.

When a registered User wishes to obtain a service sold by the Company through the Site, the price indicated on the service page corresponds to the price in euros, all taxes included (TTC), and takes into account applicable discounts in effect on the day of the Order. The indicated price does not include additional fees that will be specified if applicable in the summary before placing the order.

The Company reserves the right to change its prices at any time. It commits to billing the services at the applicable rate at the time of their Order. For services whose price cannot be known in advance or indicated with certainty, a detailed quote will be sent to the Client.

Under no circumstances can a User demand the application of discounts that are no longer in effect on the day of the Order.

6. Orders

No Order can be placed unless the User has registered on the Site. The User, when logged into their account, can add Services to their virtual cart. They can access the summary of their virtual cart to confirm the Services they wish to order and place their Order by pressing the “Order” button.

They must then provide their address, the delivery method, and a valid payment method in order to finalize the order and effectively form the sales contract between them and the Company.

The registration of an Order on the Site is completed when the Client accepts the T&Cs by checking the box provided for this purpose and validates their Order. This validation constitutes proof of the sales contract. The finalization of the Order implies acceptance of the prices and the terms of execution of the services as indicated on the Site.

Once the Client has placed their Order, they will receive confirmation by email. This confirmation will summarize the Order and the information related to the execution of the service(s).

In case of non-payment, incorrect address of the Client, or other issues with the Client's account, the Company reserves the right to block the Client's order until the issue is resolved. In case of inability to perform the service, the Client will be informed by email at the address provided to the Company. The cancellation of the order for this service and its refund will be carried out in this case, the rest of the order remaining firm and definitive.

The Company may grant the Client price reductions, discounts, and rebates based on the number of Services ordered or based on the regularity of the Orders, according to the conditions set by the Company.

7. Payment terms and conditions

Unless otherwise stated, all sales are paid in cash at the time of placing the Order.

Depending on the nature or amount of the Order, the Company remains free to require a deposit or the full payment of the price at the time of placing the Order or upon receipt of the invoice.

Payment can be made by:

• Credit card

In case of total or partial non-payment of the services by the agreed date on the invoice, the Professional Client must pay the Company a late penalty whose rate is equal to the rate applied by the European Central Bank for its refinancing operation increased by 10 percentage points. The financing operation retained is the most recent as of the date of the Service Order.

In addition to late fees, any amount, including the deposit, not paid by its due date will automatically incur a flat fee of 40 euros due for collection costs.

In the event of total or partial non-payment of the services by the agreed date on the invoice, the Consumer Client must pay the Company a late penalty whose rate is equal to the legal interest rate.

No compensation may be made by the Client between late penalties in the provision of the ordered services and the amounts owed by the Client to the Company for the purchase of Services offered on the Site.

The penalty owed by the Client, Professional or Consumer, is calculated on the total amount including all taxes of the remaining sum due, and runs from the due date of the price without any prior formal notice being necessary.

In case of non-compliance with the payment conditions described above, the Company reserves the right to cancel or suspend the sale.

8. Execution of services

The service ordered on the Site will be provided by:

• The Company

The Company undertakes to implement all human and material means to carry out the service within the deadlines announced at the time of placing the Order. However, it cannot in any case be held responsible for delays in the performance of the service caused by faults that are not attributable to it.

If the services have not been performed within the stipulated time, the Client may request the resolution of the sale under the conditions provided in articles L216-2 and L216-3 of the Consumer Code. The amounts paid by the Client will be refunded to him no later than fourteen days following the date of termination of the contract.
This provision does not apply when the Company's delay is due to a fault of the Client or to a case of force majeure, that is to say, the occurrence of an unpredictable, irresistible event independent of the will of the Company.

In the event that the execution of a physical service could not be carried out or was postponed due to an error in the address provided by the Client, the travel costs of the service provider mandated by the Company to carry out the unsuccessful service will be borne by the Client.

9. Claim

For all Orders made on this Site, the Client has a right to claim for 14 days from the provision of the Service.

To exercise this right of claim, the Client must send the Company, by email, a statement in which he expresses his reservations and claims, along with the relevant supporting documents.

A claim that does not meet the conditions described above will not be accepted.

After reviewing the complaint, the Site may, if necessary, replace or refund the Service provision as soon as possible and at its own expense.

10. Consumer's right of withdrawal

The Consumer has a right of withdrawal of 30 days from the placement of the Order, except for products mentioned in Article L221-28 of the Consumer Code as reproduced below:

“The right of withdrawal cannot be exercised for contracts:

1° For the supply of services fully performed before the end of the withdrawal period and whose execution has begun after the express prior agreement of the consumer and express waiver of their right of withdrawal;

2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3° For the supply of goods made according to the consumer's specifications or clearly personalized;

4° For the supply of goods likely to deteriorate or expire rapidly;

5° For the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;

6° For the supply of goods that, after being delivered and by their nature, are mixed inextricably with other items;

7° For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

8° For maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limits of spare parts and work strictly necessary to respond to the urgency;

9° For the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° For the supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;

11° Concluded during a public auction;

12° For the provision of hosting services, other than residential hosting, transport services for goods, car rentals, catering, or leisure activities that must be provided on a specific date or within a specific period;

13° For the supply of digital content not provided on a tangible medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of their right of withdrawal.

The regulation excludes the legal withdrawal period in the case of “the supply of audio or video recordings, or computer software when they have been unsealed by the consumer.” The legal withdrawal period is therefore null from the moment the ordered product is downloaded and/or accessible. Source: Article L121-20-2 of the Consumer Code.

When a guarantee is offered in case of lack of results on the presentation page of a product, it is valid for a maximum period of 30 days. This guarantee only takes effect if and only if the client fully performs the actions detailed in the purchased product. If the client has not watched and fully applied the videos present in the product, they will not be eligible for the guarantee and therefore not eligible for a refund.

If a guarantee is offered on the presentation page of a training and the duration of the guarantee is not mentioned, it will be valid for a maximum of 30 days.

If no guarantee is offered, no refund is possible in accordance with article L121-20-2 of the consumer code regarding video recordings.

To exercise this right of withdrawal, the Consumer sends a declaration to the address: contact[at]service-client.com.

They will be refunded the total fees paid for the service within 14 days following the Company's acknowledgment of their withdrawal declaration. The refund will be made by the same payment method used for the purchase.

However, if the service provision has already begun on the date the Company becomes aware of the withdrawal, the value corresponding to the service already performed will be deducted from the refund. The latter will be processed by the same payment method as for the purchase.

11. Processing of personal data

Registration on the Site results in the processing of the Client's personal data. If the Client refuses the processing of their data, they are asked to refrain from using the Site.

This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.

Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Client has, at any time, the right to query, access, rectify, modify, and oppose all of their personal data by writing, by mail and justifying their identity, to the following address: contact[at]service-client.com.

This personal data is necessary for processing their Order and for issuing invoices if applicable, as well as for improving the functionalities of the Site.

12. Sharing of collected data

The Site may use third-party companies to perform certain operations. By browsing the Site, the Client agrees that third-party companies may have access to their data to ensure the proper functioning of the Site.

These third-party companies only have access to the collected data within the framework of carrying out a specific task.

The Site remains responsible for the processing of this data.

Furthermore, the User may therefore receive information or commercial offers from the Company or its partners.

The User can at any time oppose the receipt of these commercial offers by writing to the address of the Company indicated above, or by clicking on the link provided for this purpose within the received emails.

Furthermore, Customer information may be transmitted to third parties without their prior express consent in order to achieve the following purposes:

• comply with the law
• protect any person against serious bodily harm, even death
• combat fraud or attacks against the Company or its users
• protect the property rights of the Company.

13. Data Protection

The Company ensures an appropriate level of security proportional to the risks incurred and their likelihood, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.

However, these measures do not constitute any guarantee and do not bind the Company to an obligation of result regarding data security.

14. Cookies

To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may implant a cookie on the User's computer. This cookie allows for the storage of information related to navigation on the Site, as well as any data entered by Users (notably searches, login, email, password).

The User expressly authorizes the Company to place a file known as a "cookie" on the user's hard drive.

The User has the option to block, modify the retention period, or delete this cookie via their browser interface. If the systematic deactivation of cookies on the User's browser prevents them from using certain services or features of the Site, this malfunction shall not in any case constitute damage for the member who cannot claim any compensation as a result.

15. Modifications

The Company reserves the right to modify the Site, the services offered therein, the T&Cs, as well as any delivery procedure or other component of the services provided by the Company through the Site.

When placing an Order, the User is subject to the stipulations set forth by the applicable T&Cs at the time of the Order.

16. Responsibility

The Company cannot be held responsible for the unavailability, whether temporary or permanent, of the Website and, although it makes every effort to ensure the service is continuously available, it may be interrupted at any time. Furthermore, the Company reserves the right, by voluntary act, to make the Site unavailable in order to carry out any update, improvement, or maintenance operation.

As mentioned previously herein, the Company cannot be held responsible for delays in the performance of a service for reasons beyond its control, independent of its will, unpredictable and irresistible, or for which it cannot be held liable.

17. Intellectual property

The brand, logo, and graphic charter of this Site are registered trademarks with the INPI and works protected under intellectual property, the ownership of which exclusively belongs to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete without the express permission of the said company will expose the offender to civil and criminal proceedings.

18. Jurisdiction clause

The law governing the T&Cs is French law. Any dispute that may arise between the Company and a User during the execution of these shall be subject to an attempt at amicable resolution. Failing that, disputes will be brought to the attention of the competent courts of ordinary law.

The Client is informed that they can resort to conventional mediation, with the Consumer Mediation Commission provided for in article L534-7 of the Consumer Code or with existing sectoral mediation bodies. They can also resort to any alternative dispute resolution method in case of dispute.

19. Pre-contractual information

Prior to placing their Order, the Client acknowledges having received, in a readable and understandable manner, the T&Cs and the information and details provided in articles L111-1 to L111-7 of the Consumer Code, and in particular:

• the essential characteristics of the Services;
• the price of the Services;
• the date or timeframe within which the Company commits to provide the Service;
• the information related to the identity of the Company (postal, telephone, electronic contact details);
• the information related to legal and contractual guarantees and their implementation methods;
• the possibility of resorting to conventional mediation in case of dispute;
• the information related to the right of withdrawal (timeframe, methods of exercise).

Placing an Order on the Site implies acceptance of the T&Cs. The Client cannot invoke a contradictory document.

20. Mediator's contact details

Association of Mediators of Western Brittany (AMBO)
12 rue Colbert B37, Lorient 56100