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General terms and conditions of sale

Article 1: Identification of the seller

Mankaia is a brand of the Compagnie Marseillaise de Textile, URBAN PARK, ZAC Saint Louis, 13015 Marseille
- Tel : 04 91 09 59 30.
- Fax: 04 91 09 59 31.
- e-mail : contact@mankaia.com.
- RCS marseille 478 246 838.

Article 2: Validity of tenders and purpose

Our offers are addressed to consumers with a physical delivery address. Items visible on the site are available while stocks last. The period of validity of offers and prices is guaranteed within 8 days.
The purpose of this online commerce contract is to govern the transactions related to the supply of goods sold by La Compagnie Marseille de Textile by electronic means on the website: www.mankaia.com
The entire site www.mankaia.com is subject to French and international legislation on copyright and intellectual property. All reproduction rights are reserved, including iconographic and photographic representations and downloadable documents.
The reproduction of all or part of this site on any medium whatsoever or the commercial exploitation, even partial, of the data presented on it is strictly prohibited without the prior written consent of the publication director, who is responsible for the site.

Article 3: Essential characteristics of the goods

The articles presented on the site www.mankaia.com are characterized by a detailed description (brand, name, size, colour, advice on care and use) whose content depends on the nature of the product, a price and a photograph.
The photograph has only an illustrative value, and does not enter into the contractual field. Mankaia cannot be held responsible for any errors that may have been introduced.

The items offered for sale by Mankaia are those appearing on the site, on the day of its consultation by the customer, within the limits of available stocks.
La Compagnie Marseillaise de Textile reserves the right to make any changes in shape, size, price or raw materials to its articles.
In the event of total or partial unavailability of one or more products after the order has been placed, Mankaia undertakes to inform the customer by e-mail of the partial delivery of his order or of its cancellation in the event of unavailability of all the products ordered. In this case, Mankaia undertakes to create a credit note of the corresponding value or to reimburse the customer for the corresponding amount following payment of the sums paid by the customer, in accordance with article L. 121-20-3 of the French Consumer Code.
His order is shipped by Colissimo and will be delivered to the customer within 48 hours from the date of delivery of the order to the Post Office (working days - weekends and holidays not included) (usually La Poste's deadline). In case of absence, the package remains pending for 15 days at the post office near his home. The possible delays do not give the buyer the right to claim damages.
The average time observed in the delivery of packages to customers from receipt of their orders is 5 working days. These average times, observed in normal conditions of routing, remain indicative and subject to change depending on postal traffic conditions.
The Compagnie Marseillaise de Textile reserves the right to change carrier at its discretion and without having to notify the customer.
All orders placed on the site www.mankaia.com are intended for the personal use of customers; customers or recipients of products are prohibited from reselling the products in whole or in part. Mankaia is released de facto from any legal liability if the payment of taxes was not made by the customer.
Mankaia cannot be held responsible in case of delays or impossibilities in the respect of the contractual obligations linked to events qualified as force majeure according to the jurisprudence in force.
Goods always travel at the risk of the recipient. The customer is advised to always check his package upon arrival. Do not accept any open or damaged package, otherwise no recourse will be possible with the Post Office. The customer has a period of 48 hours to make any reservations with the carrier in case of missing or damaged.

The preparation, packaging and shipping costs applied to each order change according to the postal rates and carrier rates in force.
If the purchased product is intended for someone other than the customer, the customer simply specifies the contact details of this person in the "delivery address" part of his order and his contact details in the "billing address" part.
An invoice is issued at each order validation. The customer can find all his invoices by logging into his account.

In case of receipt of a non-compliant or defective product, we invite the customer to contact customer service by e-mail in order to proceed with the return of this product to our services according to these general conditions of sale.

Article 4: Contractual conditions of the seller

By confirming his order, the customer acknowledges having read and expressly declares that he accepts all the present general terms and conditions of sale without reserve. These general conditions of sale shall prevail over any other conditions appearing in any contradictory document, the act of purchase leading to the acceptance of these general conditions of sale.
This confirmation, together with all the data that Mankaia will have recorded, will constitute proof of the existing transactions between Mankaia and the customer. These general terms and conditions of sale are subject to change at any time and without notice.

Article 5: Detailed mention of the price of the good

The prices of the articles on the product sheets, are indicated in euros, excluding participation in the costs of processing, preparation and shipment of the order.
The price indicated in the order confirmation is the final price, expressed inclusive of all taxes, including VAT for France, and the costs of processing, preparation and shipment of the order.
The products remain the entire property of Mankaia until the customer has fulfilled all his obligations towards Mankaia and in particular until full payment of their price.

Article 6: Conclusion of the online contract

The placing of an order is materialized by the realization of the following steps: choice of the article(s) and addition to the basket, confirmation of the basket, entry of customer details, entry of bank details.

Before confirming acceptance of the quotation, the customer checks :
- the details of his order (products, quantities, payment method, delivery method...)
- the price including or excluding VAT (depending on the place of invoicing)

The order can be modified at any time until the final validation by the customer, which constitutes final acceptance of the offer and triggers the processing of his order.
Mankaia confirms the acceptance of its order to the customer by sending an order confirmation to the e-mail address provided by the customer at the time of ordering.
Automatic recording systems are considered as proof of the nature, content and date of the order.
Mankaia reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous order.
The information provided by the customer, when taking an order, is binding only on him: in case of error in the wording of the recipient's details, Mankaia can not be held responsible for the impossibility in which it could be to deliver the product.

Article 7: Payment

The price invoiced to the customer is the price indicated on the order confirmation sent by Mankaia. The amount of the order is due immediately on the date of the actual order.
Payment is made by Visa or MasterCard or by cheque. The secure online payment by credit card is completely safe: it uses SSL (Secure Socket Layer), a secure payment protocol. When ordering, the customer is invited to enter his credit card information (type of card, name of the cardholder, 16-digit number, visual cryptogram, expiration date) in a secure screen, then to validate this data.
Before entering this information, the customer can then recognize the elements of a secure payment when ordering:
- the presence of a closed padlock symbol or a key appears either at the top right of the address bar or at the bottom right of the browser screen depending on the browser version used
- the url address of the page starting with "https" and not "http" only (S for "Secured"), which indicates that access to the page is encrypted and secure.
The order validated by the customer will only be considered effective when the bank payment centres concerned have given their agreement. In case of refusal of the said centres, the order will be automatically cancelled. Mankaia reserves the right to refuse any order from a customer with whom there is a dispute.

Article 8: Withdrawal period, exchanges and returns

In accordance with the legal provisions in force, the customer has a period of seven days to withdraw without having to justify reasons or pay penalties, except for the cost of returning the product, from the date of receipt of the order. The customer has the option to refuse or return all or part of his order for exchange or refund within seven days from the date of receipt of said product.
Items must be returned by Colissimo Recommandé in their original condition, in their original packaging, accompanied by their accessories, labels and instructions for use and any documentation to the following address:
Compagnie Marseillaise de Textile, URBAN PARK, ZAC Saint Louis, 13015 Marseille.

Only products returned in their entirety, in their original packaging complete and intact, and in perfect condition for resale Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
Any article modified by embroidery, silk-screen printing, modification of the cut, can be neither taken back nor exchanged.

In case of exercise of the right of withdrawal within the period defined, the customer may request a refund of the amount of the products returned (the costs of order preparation and delivery are not refunded), or the exchange of one or more of these products. In the case of an exchange, the re-shipment will remain at its expense.
In case of cancellation of his order, before the preparation and dispatch of the order, the customer is invited to contact customer service as soon as possible in order to modify or cancel his order before dispatching it.
Mankaia will then proceed to issue a credit note or a full refund of the amount of the order by crediting its bank account or by cheque provided that no preparation of the order has been started.
Mankaia will reimburse the customer as soon as possible and no later than thirty days following the date of withdrawal. Refunds will be made by bank transfer to the account linked to the credit card used when paying for the order or by cheque.
For exchanges, from the date of receipt of your package you have 30 days to make a return. From the 1st to the 7th day you can make a return for exchange, credit or refund, from the 8th to the 30th day for an exchange or credit only.
In all cases, the products must be returned in their original condition, packaging included with their label and any accessories, in perfect condition for resale. They must not have been worn, washed or damaged. All goods will be inspected upon receipt.

Article 9: Delivery of the goods

Orders are received by Mankaia as soon as the credit card payment is validated. They are prepared upon receipt of the order. The order is shipped by Colissimo suivi and will be delivered to the customer within a maximum of 10 days from the date the order is handed over to the Post Office (working days - weekends and public holidays not included).

In case of absence, the package remains pending for 15 days at the post office near his home. The possible delays do not give the buyer the right to claim damages.

The average time observed in the delivery of packages to customers from receipt of their orders is 5 working days. These average times, observed in normal conditions of routing, remain indicative and subject to change depending on postal traffic conditions.

All orders placed on the site www.mankaia.com are intended for the personal use of customers; customers or recipients of products are prohibited from reselling the products in whole or in part. Mankaia is released de facto from any legal liability if the payment of taxes was not made by the customer.

Mankaia cannot be held responsible in case of delays or impossibilities in the respect of the contractual obligations linked to events qualified as force majeure according to the jurisprudence in force.

Goods always travel at the risk of the recipient. Always check the package upon arrival. Do not accept any open or damaged package, otherwise no recourse will be possible with the Post Office. The customer has a period of 48 hours to make any reservations with the carrier in case of missing or damaged.

Article 10: Legal guarantee of conformity for the sale of goods

In case of receipt of a non-compliant or defective product, we invite the customer to contact customer service by e-mail at contact@mankaia.com (indicating the following information: order number, contact details of the buyer, reference of the items to be returned and the reason for the return) in order to proceed with the return of this product to our services and allow its replacement or refund.

The products must be returned by Colissimo Recommandé in their original packaging, accompanied by their accessories and instructions for use and any documentation, to the following address:
Compagnie Marseillaise de Textile, URBAN PARK, ZAC Saint Louis, 13015 Marseille.

the customer will make sure to indicate the reason for the return and the method he has chosen:
- Product Replacement
or
- Sending a credit note
or
- Refund of the product.

In the event of a refund request, Mankaia will reimburse the customer as soon as possible and no later than thirty days following the date of receipt of the products. Refunds will be made by bank transfer to the account linked to the credit card used when paying for the order or by cheque. We will inform the customer by e-mail of his refund upon receipt of his article.

The legal guarantee can be invoked if the non-conformity is found within 2 years from receipt of the product. If the finding is made more than six months after delivery, the customer is obliged to prove the existence of the non-conformity at the time of delivery.

Article 11: Personal data

The information collected from people on the website "www.mankaia.com"are for the exclusive use of Mankaia.
Mankaia only collects from visitors to the www.mankaia.com website the nominative or personal information necessary for the proper execution of orders. This information is mandatory, this information being indispensable for the processing and routing of orders and the establishment of invoices. Failure to provide this information will result in the non-validation of the order.
Cookies may be used for the operation and processing of orders on the www.mankaia.com website.

The user is informed that this automated processing of information has been declared to the Commission Nationale de l''Informatique et des Libertés (CNIL) (1364888 of 15 May 2009).
In accordance with the provisions of the Data Protection Act of 6 January 1978, you have a full right to access, modify, rectify and delete personal data concerning you.
To exercise your right of access to your personal data, please contact us at : Compagnie Marseillaise de Textile, URBAN PARK, ZAC Saint Louis, 13015 Marseilleou by sending an email to contact@mankaia.com
By adhering to these general terms and conditions of sale, the customer acknowledges having read our personal data protection policy and consents to the collection and use of this data by us.

Article 12: Law applicable to the seller's activity

The parties agree that this contract is subject to French law.

Article 13: Settlement of disputes

Any complaint relating to an order is to be submitted:
- at the following address: Compagnie Marseillaise de Textile, URBAN PARK, ZAC Saint Louis, 13015 Marseille
- or by phone : 04 91 09 59 30 - Monday to Friday from 10am to 12pm and from 2pm to 5pm (except public holidays)
- or by fax: 04 91 09 59 31.
- or by e-mail: contact@mankaia.com
In case of difficulties in the application of this contract, the parties agree on the possibility, before any legal action, to seek an amicable solution in the settlement of any dispute that may arise during the execution of the contract. In case of impossibility of agreement on an amicable solution, it will be appealed to the Commercial Court of Marseilles, the only competent jurisdiction regardless of the place of delivery.
It is recalled that as a general rule and subject to the discretion of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honors its financial commitments to the seller.

Article 14: Limits of liability

The Compagnie Marseillaise de textile is not the producer of the products on sale on the online sales site www.mankaia.com, within the meaning of law n°98-389 of 19 May 1998 and relating to liability for defective products.
Mankaia cannot be held responsible for damages caused to a person or property by a product defect or by misuse of marketed products or modifications to products resulting from manufacturers. Only the responsibility of the producer of this product may be sought by the consumer, based on the information contained on the packaging of the product.
Mankaia cannot be held responsible in case of delays or impossibilities in the respect of the contractual obligations linked to events qualified as force majeure according to the jurisprudence in force.
Mankaia can not be held responsible for delays due to a stock shortage at the supplier or in case of error in stock or in the presentation of products on our site, the photographs, texts and illustrations representing the products are not contractual.