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General terms and conditions of sale

Article 1: Identification of the seller

Mailing address: MANKAIA - CS50413 - 13344 MARSEILLE CEDEX 15
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 intended for consumers with a physical delivery address. Items visible on the site are available while stocks last. The period of validity of the offers and the price is guaranteed within 8 days.
The purpose of the present e-commerce contract is to govern the transactions related to the supply of goods sold by MANKAIA by electronic means on the website: www.mankaia.com
The entire www.mankaia.com website 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 forbidden 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. Mankaïa cannot be held responsible for any errors that may have been introduced.

The articles offered for sale by Mankaïa are those appearing on the site, on the day of its consultation by the customer, within the limits of available stocks.
MANKAIA reserves the right to make any modifications of shapes, dimensions, prices 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, Mankaïa undertakes to inform the customer by e-mail of the partial delivery of his order or its cancellation in the event of unavailability of all the products ordered. In this case, Mankaïa undertakes to create a credit note of the corresponding value or reimburse the customer for the corresponding sum following payment of the sums he has paid, in accordance with article L. 121-20-3 of the Consumer Code.
His order is shipped by Colissimo or other external service provider and will be delivered to the customer within 48 hours from the date of delivery of the order to the carrier (working days - weekends and holidays not included) (usually La Poste's deadline). For shipments by Colissimo, in case of absence, the package remains pending for 15 days at the post office near his home. In other cases, it depends on the conditions of each carrier. 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 under normal routing conditions, are indicative and may change depending on postal traffic conditions.
MANKAIA reserves the right to change carrier at its own 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. Mankaïa is released de facto of any legal responsibility if the payment of the taxes was not carried out by the customer.
Mankaïa 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 on arrival. Do not accept any open or damaged package, otherwise no recourse will be possible with the Post Office. The customer has 48 hours to make any reservations to 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 terms and conditions of sale shall prevail over any other conditions appearing in any contradictory document, the act of purchase entailing the acceptance of these general terms and conditions of sale.
This confirmation, together with all the data that Mankaya will have recorded, will constitute proof of existing transactions between Mankaya and the customer. The present 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 Mankaya until the customer has fulfilled all his obligations towards Mankaya 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 is equivalent to final acceptance of the offer and triggers the processing of his order.
Mankaïa confirms the acceptance of its order to the customer by sending an order confirmation to the email 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.
Mankaïa reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous order.
The information given by the customer, when taking an order, is binding only on him: in case of error in the wording of the recipient's details, Mankaïa cannot 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 Mankaya. The amount of the order is due immediately on the date of the actual order.
Payment can be 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. Mankaïa 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 fourteen days to retract 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 possibility to refuse or return all or part of his order for exchange, credit or refund within 14 days from the date of receipt of the said product.
Items must be returned by Colissimo Recommandé in their original condition (in perfect condition for resale, without having been dirtied, damaged, washed or worn), in their original packaging, accompanied by their accessories, labels and instructions for use and any documentation to the following address:
MANKAIA
CS50413
13344 MARSEILLE CEDEX 15

Only products returned in their entirety, in their original packaging complete and intact, and in perfect condition for resale will be taken back. 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 reimbursement of the amount of the products returned (the costs of order preparation and delivery are not reimbursed), or the exchange of one or more of these products. In the case of an exchange, the re-shipment will remain at the customer's 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.
Mankaïa will then proceed to the edition of a credit note or to the total refund of the amount of its order by crediting its bank account or by cheque provided that no preparation of the order has been started.
Mankaïa 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 14th 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 Mankaïa as soon as payment is validated. The order is shipped by Colissimo or other carrier and will be delivered to the customer within 10 days maximum from the date of delivery of the order to the carrier (working days - weekends and holidays not included).

In case of absence, for the colissimo shipments, the package remains pending for 15 days at the post office near his home. Possible delays do not give the buyer the right to claim damages. In case of choice of another carrier, please consult the GCS of the chosen carrier.

The average time observed in the delivery of packages to customers from receipt of their orders is 5 working days. These average times, observed under normal routing conditions, are indicative and may 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. Mankaïa is released de facto of any legal responsibility if the payment of the taxes was not carried out by the customer.

Mankaïa 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 48 hours to make any reservations to 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:
MANKAIA
CS50413
13344 MARSEILLE CEDEX 15

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

In the event of a refund request, Mankaïa 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" is for the exclusive use of Mankaïa.
Mankaïa 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 essential 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 site www.mankaia.com.

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 French 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: MANKAIA
CS50413
13344 MARSEILLE CEDEX 15
or 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:
MANKAIA
CS50413
13344 MARSEILLE CEDEX 15
- 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 the event 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 the event of impossibility of agreement on an amicable solution, the Commercial Court of Marseilles shall be called upon, which shall have sole 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 presupposes that the buyer honours his financial commitments to the seller.

Article 14: Limits of liability

MANKAIA is not the producer of the products on sale on the site of online sale www.mankaia.com, in the sense of the law n°98-389 of May 19, 1998 and relating to the responsibility because of the defective products.
Mankaïa cannot be held responsible for any damage caused to a person or property by a product defect or misuse of the products marketed or product modifications resulting from the manufacturers. Only the responsibility of the producer of this product may be sought by the consumer, based on the information on the packaging of the product.
Mankaïa 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.
Mankaïa cannot be held responsible for any delay due to a stock shortage at the supplier's nor in case of a mistake in stock or in the presentation of the products on our site, the photographs, texts and illustrations representing the products being non-contractual.