Terms of Use

GENERAL CONDITIONS OF SALE

Article -1- Purpose and enforceability

These General Conditions of Sale apply to the sale of any Product supplied by:The Company Mandarin Factoryvia their website https://mandarin-factory.com/

Hereinafter the “Company” or the “Seller”,

with Customers who have the status of consumer, namely any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, hereinafter the “Customer”.

Any Order for Products implies the Customer's unconditional acceptance and full adherence to these General Conditions of Sale, which prevail over any other document: catalogues, advertisements, notices, unless expressly agreed otherwise in advance by the Company.
The Company offers for sale products from Chinese culture
The Company does not sell Products to minors. If the Customer is under eighteen (18) years of age, he/she may only use the Site under the supervision of a parent or guardian.
The photos on the Site are non-contractual and may vary significantly from the models photographed. These variations are due to the settings of the different screens and cameras, the lighting of the Products, the angle of the shot, etc.
The Company reserves the right to modify these General Conditions of Sale at any time. In this case, the applicable conditions will be those in force on the date of the Order by the Customer.

Article -2- Customer contact

The Company's customer and after-sales service can only be reached by email at contact@mandarin-factory.comThe Customer must indicate in the email his first name, last name, the subject of his request and his Order number.
For any professional request (partnership, media, contract proposal), the Company can only be contacted by e-mail at contact@mandarin-factory.com.

Article -3- Definitions

“Customer” means any consumer Customer who has placed an Order.

“General Conditions of Sale” means this sales contract.

“Order” means any order placed on the Website https://mandarin-factory.com/ relating to the Products.

“Basket” means all the selected Products.

“Products” means the goods offered for sale on the Site. Each Product presentation sheet mentions the price; the possibility of contacting customer service; the technical sheet of the product, its availability in stock, and the opinions of other consumers where applicable.

The “Company” means the CompanyMandarin Factory The “Site” means the website https://mandarin-factory.com/, exclusive property of the Company.

“Geographical Area of the Offer” means the entire country to which the Company offers the Products for sale and makes deliveries of the Orders, namely France and Europe.

Article -4- Placing the Order

The Customer places the Order via the Site: the Customer records and validates the Order on the Site.
To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalog by clicking on the "add to Cart" button. On the "Cart" page, the Customer has the possibility to check the details of his Order and correct any errors before confirming it.
On the “Information” page, the Customer must enter his contact information. He can opt to track his Order by email by checking the required box.
On the “Delivery” page, the Customer must choose the shipping method offered to them.
On the “Confirmation” page, the Customer must enter his/her bank details as well as the billing address. The Customer also has the option to enter a promotional code if he/she has one.
A complete summary of the Order appears. The Customer has the possibility to modify all the elements of the Order before finalization. The Customer is responsible for any errors relating to the Order, the Products and contact information.
The sale is validly formed when the Customer has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Conditions of Sale, and has made payment according to the terms he has chosen, subject to the exercise of the right of withdrawal.

The date of validation of the Order corresponds to the date of receipt of cash payment of the total price including tax duly noted.

Article -5- Availability

Product offers are valid as long as they are visible on the Site, within the limit of available stocks, excluding promotional operations mentioned as such on https://mandarin-factory.com/. In the event of unavailability of a Product after placing the Order, the Company will inform the Customer by e-mail. The Order will then be automatically cancelled and the Company will reimburse the Customer for all sums already paid no later than thirty (30) days from payment of the sums paid.

Article -6- Exercise of the right of withdrawal

For all distance selling transactions, the Customer has a period of fourteen (15) clear days, from the day after he takes possession of the goods or accepts the offer for a service, without justification or payment of penalties on his part. The exercise of this right terminates this contract.

When the period of fourteen (15) days expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day. The Client must inform the Company of its decision by sending it an e-mail: contact@mandarin-factory.com

The Customer then has another period of fourteen (15) days, from the communication of his decision to withdraw, to return the goods to the Company at the address mentioned in Article 1. The Customer must not return the Product to the manufacturer.

To do this, he can designate the carrier of his choice, ensuring that handling and transport will be done in the best conditions. The protective packaging of the Products will be the responsibility of the Customer. The Company advises you to return the goods by registered or tracked post.

The costs of returning the Product are the responsibility of the Customer, as are the risks associated with the transport of the Product, whatever they may be.
The Customer is liable in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products, provided that the Company has informed the Customer of its right of withdrawal.

Only Products in new condition returned in their original packaging will be accepted. In the event of depreciation of the Product, no returns will be accepted.

Products unsealed after delivery by the Customer cannot be returned.

Article -7- Reimbursement and costs

When the right of withdrawal is exercised, the Customer is entitled to the benefit of reimbursement of all sums paid.

An email will be sent to the Customer to confirm that the returned merchandise has been received and inspected by the Company. The Company will inform the Customer of its decision to approve or reject the refund request.

The refund will be made within fourteen (15) days from the date on which the Company is informed of the Customer's decision to withdraw.

The Company will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction.
Exercising the right of withdrawal within the legal time limits terminates the parties' obligation to perform this contract, as well as any ancillary contract, without costs for the Customer other than those relating to the return of the Products.
In the event of a delay in reimbursement, the Customer should first contact the credit card issuing entity, then the bank and finally the Company at the following email address: contact@mandarin-factory.com

Article -8- Price

The total price of the Order includes the price excluding VAT of the Products, and the possible cost of delivery. All Orders are payable in Euros (€).
The Products are invoiced on the basis of the prices in effect on the Site on the date of the accepted Order. Discount codes, promotions and sales cannot be combined with each other.
Prices and rates may be revised at any time by the Company.

Article -9- Payment

By placing an Order, the Customer declares that he/she has sufficient financial guarantees for payment, and that he/she will actually pay the amounts due when they fall due, in accordance with the legislation.

Payment of invoices is made in cash and upon validation of the Order in accordance with the means of payment freely chosen by the Customer.

Payment of the Order by the Customer may be made by:

Credit card (Carte Bleue, Visa, Mastercard or American Express): All credit card numbers are encrypted on 256 bits when the Order is placed. They are only decrypted on the payment processor's server. This information does not exist in clear text on any website and is therefore inaccessible to the Company and third parties.

When paying by bank card, the card is only debited when the Order is validated. Payment is made in cash.

Bank checks are not accepted.
Purchase transaction information is retained for as long as necessary to complete the Order. Once the Order is completed, purchase transaction information is deleted.

Article -10- Transfer of ownership and risks

The Customer acquires ownership of the Products ordered as and when the price is paid. Any failure by the Customer to fulfill its payment obligation, whatever the reasons, authorizes the Company to legally request the termination of this sales contract and to demand the return of the Products.
Delivery means the transfer to the Customer of physical possession or control of the goods. Any risk of loss or damage to the goods is transferred to the Customer at the time when the latter or a third party designated by the latter, and other than the carrier proposed by the Company, takes physical possession of the Products.
When the Customer entrusts the delivery of the Product to a carrier other than that proposed by the Company, the risk of loss or damage to the Product is transferred to the Customer upon delivery of the Product to the carrier.

Article -11- Delivery times

The delivery time is the period between confirmation of the Order and the transfer of physical possession of the Product to the Customer, excluding installation or unpacking.

Delivery will take place within the time period indicated when placing the Order, except in cases of force majeure. In the absence of any indication as to the delivery date of the Product, the Company will deliver the Product no later than thirty (30) days after the conclusion of the General Conditions of Sale.

If delivery is not made within the time period indicated by the Company, the Customer may, after formal notice to the Company, terminate the contract or cancel the sale, by registered letter with acknowledgement of receipt or by writing on another durable medium.

The contract is considered terminated upon receipt by the Company of the registered letter informing it of this termination, unless delivery has taken place in the meantime.

Article -12- Delivery terms

Delivery is made to the address indicated by the Customer when placing the Order. The Company may contact the Customer to ensure the accuracy of the contact details.
If delivery cannot take place due to an input error made by the Customer, the reshipping costs will be charged to the Customer. In this case, the Company cannot be held responsible for the extension of the delivery time.
Delivery is carried out by a carrier and handover is carried out according to the carrier's specific terms.
Delivery is deemed to have been made upon physical delivery of the Products to the Customer by the carrier. The delivery note provided by the carrier, dated and signed by the Customer upon delivery of the Product will constitute proof of transport and delivery.

It is the Customer's responsibility to check the condition of the Product delivered in the presence of the delivery person and, in the event of damage or missing items, to make reservations on the delivery note, and possibly to refuse the Product and notify the Company.

Article -13- Liability and legal guarantees

The Company is fully liable to the Customer for the proper performance of the obligations resulting from the General Terms and Conditions of Sale concluded remotely, whether these obligations are performed by the Company itself or by other service providers and in particular by carriers, without prejudice to its right of recourse against them.
However, the Company may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the General Conditions of Sale is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
When the Product presents either a lack of conformity or a hidden defect, the European Customer has the choice between the legal guarantee of conformity (a), provided for in articles L 217-4 to L 217-14 of the Consumer Code, and the guarantee against hidden defects of the thing sold (b), provided for in article 1641 et seq. of the Civil Code.

a) Legal guarantee of European conformity:

The Company sells products in France and Europe, it is therefore liable for any lack of conformity existing before the purchase of the Products sold, under the conditions of Article L. 217-4 et seq. of the Consumer Code.

This warranty does not cover damage, breakage or malfunctions resulting from failure to follow the precautions for use.

Defects and deterioration of the Products delivered resulting from abnormal storage and/or conservation conditions at the Customer's premises, particularly in the event of an accident of any nature whatsoever, will not give rise to the guarantee owed by the Company.

When activating the legal guarantee of conformity, the Customer:

- benefits from a period of two (2) years from delivery of the goods to take action;

- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

- is exempt from providing proof of the existence of the lack of conformity for twenty-four (24) months from delivery of the goods.

b) Legal guarantee against hidden defects

The Company is liable for hidden defects in the item sold – defects which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or would have paid a lower price for it, if he had known of them – under the conditions provided for in Articles 1641 et seq. of the Civil Code.

This warranty does not cover damage, breakage or malfunctions resulting from failure to follow the precautions for use.

When activating the legal guarantee against hidden defects, the Customer:

- benefits from a period of two (2) years to act from the discovery of the hidden defect.

- may choose between the resolution of the sale involving reimbursement and restitution of the Product(s) or a reduction in the sale price in accordance with article 1642-1 of the Civil Code.

- must provide proof of the hidden defect.

If the item is defective or damaged upon receipt of the Product, the Customer therefore has the option of choosing between replacement of the Product at no additional cost or a full refund of the purchase price.

In order to benefit from a full refund or replacement of the defective or damaged Product, the Customer must send his request to the address contact@mandarin-factory.com.

Depending on the Customer's address, the time required to receive the exchanged Product may vary.

Products on sale or on promotion are refunded at the price that the buyer paid when placing an Order on the Site. Amounts deducted during the purchase by means of a promotional code and/or a price reduction following a promotion will not be refunded.

Article -14- Force majeure

In accordance with Article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably have foreseen, and which they could not reasonably have avoided or overcome, are considered to be cases of force majeure or unforeseeable circumstances, to the extent that their occurrence makes the performance of obligations totally impossible.
The occurrence of a case of force majeure will automatically suspend the execution of the Order.
Beyond a period of ninety (90) calendar days, if the parties note the persistence of the force majeure event, the Order may be cancelled by one of the parties, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgment of receipt terminating said sales contract.

The effective date of the termination will be the date of first presentation of the mail. In this case, neither party will be entitled to claim damages, unless otherwise agreed by both parties.

Article -15- Intellectual property

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, rebroadcast or use in any capacity whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.
Only use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.
Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law unless prior authorization is obtained.

Article -16- Processing of personal data

The Company collects the Client’s data:
a) for the purposes of processing and monitoring the Customer’s Order on its Site; (and/or)
b) for the purpose of being able to contact you about various events relating to the Company, including in particular the updating of the Products and the management of customer relations; (and/or)
c) for the purpose of collecting information enabling us to improve the Site and our Products (in particular through cookies).

The data collected is processed by the Site's contractual service providers who are responsible for the packaging and distribution of the Products ordered as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall.

The data collected is kept by the Company only for the time corresponding to the purposes of the collection above and which may not in any event exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018 relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the General Data Protection Regulation (GDPR), the Client has the right to access, modify, rectify, delete or oppose for legitimate reasons, their data.
The Customer may exercise his rights by e-mail at contact@mandarin-factory.com.

Article -17- Comments and other user proposals

If Customer sends any ideas, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), whether requested by Company or otherwise, Customer grants Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments that Customer sends.
The Company is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; or (3) to respond to any comments.
The Company may monitor, edit or remove content that it deems, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally objectionable, or that violates any intellectual property or these General Conditions of Sale.
The Customer agrees to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. The Customer agrees not to write in his comments any illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malware that could affect the operation of the Site or other associated websites. The Customer agrees not to use a false e-mail address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of his comments.
The Client is entirely responsible for his/her published comments and their accuracy. The Company assumes no responsibility and declines any commitment with regard to the comments published by the Client or third party.

Article -18- Applicable laws and dispute resolution

The General Conditions of Sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or blocked, stolen or falsified bank card. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause of these General Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other stipulations and does not exempt the Customer from the execution of its contractual obligations.

Compensation

You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products and services, your violation of the Terms or your breach of your acknowledgements, agreements, representations, warranties and obligations herein.

Any national or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the request of the Client.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Clients to submit a mediation request online, accompanied by supporting documents.
In particular, the dispute cannot be examined by the Mediator if:

- the Customer does not prove that he has previously attempted to resolve his dispute directly with the Company by means of a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has previously been examined or is currently being examined by another mediator or by a court,

- the consumer submitted his request to the mediator more than one year after his written complaint to the Company,

- the dispute does not fall within its scope of jurisdiction.

Mediation is free of charge for the Client. If the Client uses, at any stage of the mediation, a lawyer, a third party of his choice or an expert to defend him, he will bear the costs alone.
The Mediator may not receive any instructions from the parties nor be remunerated based on the result.
Participation in mediation does not exclude the possibility of recourse before a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent French court.
The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or blocked bank card, stolen or falsified check. In this context, no attempt at amicable conciliation will be accepted.
The fact that a clause of these General Conditions of Sale becomes null and unenforceable cannot call into question the validity of the other stipulations and will not exempt the Customer from the execution of its contractual obligations.