Terms and Conditions – MASKO
ARTICLE 1 – DEFINITIONS
In these general terms and conditions of sale (hereinafter the “GTC”), the following terms, whether starting with a capital letter or written in uppercase, used in the singular or plural, shall have the meaning defined below: “MASKO”: refers to the company BALD COMPANY “MASKO”, a simplified joint-stock company (SAS) registered with the Thonon-les-Bains Trade and Companies Register under No. 988 315 602, with its registered office located at 39 route du Crêt du Feu, 74270 Clarafond-Arcine, publisher of the Site. “Site”: refers to the website https://www.maskocap.com published by MASKO and on which Clients can place an Order for Products. “Products”: refers to the products sold by MASKO on the Site and which may be the subject of an Order. “Client”: refers to any consumer, meaning a natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, professional, or agricultural activity, who places an Order from the Site. Only legally capable individuals may place an order. “Visitor”: refers to an internet user who does not have an Account and consults one or more pages of the Site. “Order”: refers to the order with an obligation of payment for Products placed by a Client with MASKO from the Site. “Account”: refers to the individual account of the Client accessible with a personal username and password. “Privacy Policy”: refers to the document explaining, in particular, how MASKO implements its personal data protection obligations and informs Clients of their rights.
ARTICLE 2 – PURPOSE
The purpose of these GTC is to define the conditions applicable to Orders for Products placed by Clients from the Site. The GTC can be consulted at any time on the Site and are expressly accepted by the Client prior to any Order. Placing an Order implies the Client’s immediate, full, and unreserved acceptance of the GTC. MASKO reserves the right to modify the GTC at any time; the applicable version is the one in force on the date the Order is placed.
ARTICLE 3 – PRODUCTS
3.1 Characteristics The essential characteristics of the Products that can be ordered are indicated on the description page of each Product on the Site. The Products sold comply with the French and European legislation and standards in force. 3.2 Availability Products offered for sale are available within the limit of available stocks, as long as they are visible on the Site. In the event of unavailability after validation of the Order, the Client will be informed by email or telephone and may choose to cancel with a refund or modify their Order. 3.3 Price Product prices are indicated in Euros, all taxes included (TTC), including the VAT applicable on the date of the order. Unless otherwise stated, they do not include delivery costs, which are at the Client’s expense. The Client is informed of the amount of delivery costs and the total price before confirming the Order. MASKO may modify prices and/or delivery costs at any time; the applicable prices are those in force on the day of the Order. 3.4 Manifest Price Error Despite the care taken in displaying prices, a “manifestly erroneous or derisory” price may appear due to a material error (bug, technical failure, data entry). If such an error is noted before the shipment of the Order, MASKO may cancel the sale of the items concerned, even after the confirmation email has been sent. The Client will be informed within a reasonable period from the detection of the error. In the event of cancellation on this basis, MASKO will provide a full refund of the sums paid for the items concerned as soon as possible and at the latest within fourteen (14) days from the information provided to the Client. The Client may, if they wish, place a new Order at the correct price communicated by MASKO. Benefits related to the erroneous price (discounts, promotional codes, vouchers generated by the Order) are, if applicable, invalidated for the items concerned. This clause only covers manifest errors, meaning obvious and objectively recognizable anomalies (discrepancy of an order of magnitude compared to the usual or market price), and does not affect the Client’s legal rights. 3.5 Promotional Codes Promotional codes offered by MASKO are subject to conditions. Unless otherwise indicated, they cannot be combined with each other or with other discounts, promotions, or current offers.
ARTICLE 4 – ORDER
4.1 Account Any Visitor may create an Account at any time, or must create one during their first Order. They must provide accurate information (mandatory fields are marked with an asterisk) and choose a password for which they ensure confidentiality. By creating an Account, they acknowledge having read the Privacy Policy. The Client shall ensure their information is kept up to date and their credentials remain secure. In case of suspected fraudulent use, they must inform MASKO without delay. 4.2 Steps To order, the Client selects the Product(s) then clicks on “Add to cart,” accesses the cart, and clicks on “Checkout.” They choose their delivery method, fill in/validate their billing and delivery addresses, then check the summary (details, total price), accept the GTC, choose the payment method, provide the requested information, and click on “ORDER” to finalize. Once the Order is validated and paid, the Client receives a confirmation by email containing the contractual information and the GTC.
ARTICLE 5 – PAYMENT
5.1 Payment Methods Payment is made in euros, in a single installment and online, by credit card (Visa, Mastercard, Carte Bleue, Amex) or PayPal. Payment is made via secure systems; card data is not transmitted to MASKO. The Client guarantees they are the holder of the payment method. In the absence of complete/correct information, or in the event of an incident, the Order is automatically canceled. With PayPal: the Client is redirected to the PayPal page and authenticates there. Information is encrypted by PayPal (only the email address may be transmitted to MASKO). 5.2 Retention of Title Products remain the property of MASKO until full payment of the price in principal and accessories.
ARTICLE 6 – DELIVERY
6.1 Delivery Location Delivery in metropolitan France, French overseas territories (DROM-COM), the EU, and internationally. Deliveries outside the EU may be subject to taxes/duties (including customs and import VAT) at the exclusive expense of the Client. 6.2 Terms and Deadlines The terms, prices, and delivery deadlines are indicated on the Site and communicated before the final validation of the Order. Deadlines are expressed in business days (Monday-Friday). Products are delivered to the address indicated during the Order. 6.3 Delivery Delay In case of delay for reasons beyond MASKO’s control, the Client will be informed. MASKO is not responsible for a failure/delay due to a case of force majeure. If delivery is delayed or hindered due to the Client (incomplete contact details, etc.), the resulting costs shall be borne by the Client. If the deadline is exceeded and not attributable to a case of force majeure, the Client may terminate the contract after a formal notice remains unsuccessful within a reasonable additional period (by registered letter with acknowledgment of receipt or email). 6.4 Transfer of Risks The risk of loss/damage is transferred to the Client upon physical possession of the Products by them or by a third party designated by them (other than the carrier). 6.5 Delivery Costs Delivery costs are free from €95 of purchase (automatic activation at payment). Below this amount, standard fees apply. MASKO reserves the right to modify these conditions at any time.
ARTICLE 7 – RIGHT OF WITHDRAWAL
7.1 Terms The Client has a period of 14 days from receipt of the Product to exercise their right of withdrawal, without reason or penalty. If the deadline falls on a Saturday, Sunday, or public holiday, it is extended to the first following business day. Withdrawal is notified to MASKO by an unambiguous statement or via the standard form in the appendix (by email: contact@maskocap.fr). The Client then has 14 days to return the Product(s) at their own expense. Products must be returned new, in their original condition/packaging. Any depreciation resulting from excessive handling may incur their liability. 7.2 Refund MASKO refunds all sums paid (excluding return costs of €3) at the latest 14 days after being informed of the withdrawal decision, which may be deferred until recovery of the Product or receipt of proof of shipment (whichever comes first). The refund is made via the same payment method, unless otherwise agreed by the Client. 7.3 Absence of Right of Withdrawal In accordance with Article L.221-28, 3° of the Consumer Code, there is no right of withdrawal for personalized Products.
ARTICLE 8 – LEGAL WARRANTIES
Products benefit from legal warranties (subject to normal use and compliance with maintenance advice): — Legal warranty of conformity (art. L.217-3 et seq. of the Consumer Code): 2-year period from delivery, choice between repair or replacement, presumption of existence of the defect for 24 months following delivery. MASKO may not follow the Client’s choice if it is impossible or disproportionate. — Warranty against hidden defects (art. 1641 to 1648 and 2232 of the Civil Code): action within 2 years from the discovery of the defect; choice between cancellation (return of the price) or price reduction.
ARTICLE 9 – CUSTOMER SERVICE
For any information, question, request, or complaint: — by email: contact@maskocap.fr — via the contact form available on the Site.
ARTICLE 10 – INTELLECTUAL PROPERTY
The Site and its components (photographs, images, texts, logos, trademarks, etc.) are protected by the Intellectual Property Code. MASKO holds the rights or necessary authorizations. Any reproduction, extraction, copying, or representation, even partial, without express and prior authorization from MASKO, is prohibited and constitutes an infringement.
ARTICLE 11 – PERSONAL DATA
Data necessary for the Order is processed by MASKO in accordance with the “Informatique et Libertés” law of January 6, 1978, and the GDPR. For complete information, the Client is invited to consult the Privacy Policy available on the Site.
ARTICLE 12 – LIABILITY AND FORCE MAJEURE
12.1 MASKO does not guarantee that the Site will operate continuously and error-free and cannot be held liable for damages resulting from the use or unavailability of the Site. The Client connects with their own equipment and acknowledges that performance depends on their hardware and connection. MASKO cannot be held liable for damages related to the Internet (loss of data, intrusion, viruses, etc.). 12.2 MASKO shall in no case be held liable for non-performance, breaches, or delay in the performance of an obligation of the GTC due to a case of force majeure as defined by Article 1218 of the Civil Code and French case law.
ARTICLE 13 – SEVERABILITY
If one or more clauses of the GTC are declared void or inapplicable under a law, regulation, or final decision of a competent jurisdiction, they shall be deemed unwritten, and the other clauses shall retain their full force and scope.
ARTICLE 14 – DISPUTE RESOLUTION
14.1 Amicable Resolution In the event of a dispute or difficulty, the parties undertake to seek an amicable solution in good faith. The party believing they have a grievance shall notify the other by email or registered letter. The recipient shall respond via the same channel. Amicable efforts must take place within one month following receipt of the notification. 14.2 Mediation In case of failure, the Client may use a consumer mediator free of charge. The Client may also refer to the European Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/ (If applicable, the contact details of the mediator designated by MASKO are communicated on the Site and/or below.) 14.3 Applicable Law – Competent Jurisdiction These GTC are subject to French law. They are drafted in French; in case of translation, only the French version shall prevail. French courts shall have exclusive jurisdiction.
APPENDIX – STANDARD WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.) To the attention of: “MASKO” – Customer Service – 39 Route du Crêt du Feu, 74270 Clarafond-Arcine
I/we () hereby notify you () of my/our () withdrawal from the contract relating to the sale of the property ()/for the provision of services () below:
Order number(s):
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notified on paper):
Date: () Delete as appropriate.