ARTICLE 1 – PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE (Terms and conditions)
These GTC apply to sales of products made on the Group’Michigan website: mouvspa.fr.
These GTC apply to the exclusion of all other conditions, in particular those in force for mail order and e-commerce sales. Any order placed by the customer implies full acceptance of these GTC. Any other commercial document (catalogue, prospectus, etc.) is for information purposes only and does not constitute a firm offer to sell products by Group’Michigan. The fact that Group’Michigan does not take advantage of these GTC at a given time does not mean that it waives its right to do so at a later date.
ARTICLE 2 – ORDERS
It is the Customer’s responsibility to select the Products he/she wishes to order on the Group’Michigan website by placing them in his/her shopping basket. It is the Customer’s responsibility to check and, if necessary, correct the details of his/her order (identification, selected products, quantity, price, delivery terms and costs, payment terms, etc.) before confirming his/her order. For orders placed exclusively on the Internet, the registration of an order on the Group’Michigan website is completed when the Customer accepts these GTC by ticking the box provided for this purpose and validates the order. The validation of the order by the customer is equivalent to an electronic signature and is equivalent to a handwritten signature.
Any order placed on the Group’Michigan website constitutes the formation of a contract concluded at a distance between the customer and Group’Michigan. The customer can also order :
In writing: For orders placed in writing, the customer uses the order form provided for this purpose and appearing in the catalogues of Group’Michigan products. They are then sent to Group’Michigan, 50-route de la Roncette-Lingreville-50660, signed and accompanied, if necessary, by payment of the amount of the products ordered, in accordance with the conditions set out in article 6 of these conditions.
By telephone on 02.33.17.75.32 (not surcharged). The payment is made under the conditions of article 6 hereof. Subject to the buyer’s right of withdrawal, as provided for in article 8 of these terms and conditions, orders are firm and definitive. Any additional purchase request must be the subject of an order separate from the initial order. The sales contract is concluded on the date of receipt of the customer’s order by Group’Michigan.
Group’ Michigan reserves the right not to validate your order for any legitimate reason, in particular in the event that :
it does not comply with these GTC;
one of your previous orders has not been paid in full when due;
a dispute relating to one of your previous orders is being processed; – several serious and concordant elements give rise to a suspicion of fraud on your order.
As regards delivery times, Group’Michigan is only responsible for the date on which the goods leave the factory and not for their arrival at the customer’s premises. As transport is provided by a subcontractor, Group’Michigan is not responsible for the delivery time and the routing of the goods.
ARTICLE 3 – PRICES
The products offered by Group’Michigan are supplied at the prices in force on the website when the order is placed. Prices are expressed in Euros, exclusive of tax and inclusive of VAT (VAT at the applicable rate and any applicable eco-contribution), excluding delivery costs, the cost of which is communicated to the customer prior to final confirmation of the order. These costs are determined according to the place of delivery, the nature and the volume of the products ordered. These prices are applicable to internet sales only. Group’Michigan reserves the right to increase or decrease the prices of its products on the site according to inflation or deflation of production costs or in case of events that are not the responsibility of Group’Michigan.
ARTICLE 4 – PRODUCTS
The main characteristics of the products are described on the Group’Michigan website. Items are available while stocks last. The installation, use and maintenance instructions and the warranty conditions are delivered with the products. For products ordered, in the event of unavailability, Group’Michigan undertakes to contact the purchaser in order to inform him/her of a new delivery date for the item that is temporarily unavailable. Failing that, Group’Michigan will offer to deliver a similar item of at least equivalent quality and value to the buyer. If the customer refuses to receive a similar product or if Group’Michigan is unable to offer a similar item, the sums paid will be reimbursed within thirty days of payment by the customer.
ARTICLE 5 – DELIVERY
Products purchased may be collected from the factory or, failing that, will be delivered to the address shown on the order form, by carrier or by post.
Unless expressly agreed otherwise by Group’Michigan, deliveries are only made in mainland France, Corsica and the French overseas departments and territories.
The order form mentions delivery times, it being specified, however, that these times are communicated for information only, and, in particular, according to the availability of the products from the manufacturer. If the products ordered have not been made available in the factory or delivered within 30 days after the date indicated on the order form, for any reason other than force majeure, the sale may be cancelled at the written request of the customer under the conditions provided for in Articles L216-2 and -3 and L 241-4 of the Consumer Code.
At the time of delivery, the customer signs the delivery note given to him by the carrier or inserted in the package of his order, and specifies, if necessary, any anomalies noted. In this case, the customer must send a copy of the delivery note to the carrier’s address by registered letter or by e-mail to the e-mail address of the shop where the purchase was made and inform Group’Michigan, from which he placed the order, of his action within 3 days of the delivery. If these formalities are not complied with, the products will be deemed to be in conformity and free of any apparent defect and no claim can be validly accepted by Group’Michigan.
The transfer of risk to the customer occurs upon delivery (transfer of physical possession of the products), the products being then under the customer’s full responsibility. However, when the customer has used a carrier of his choice, the transfer of risk occurs when the products are handed over to the carrier. The customer undertakes not to delay the collection of the goods at the agreed place and date without the written agreement of Group’Michigan. Otherwise, he undertakes to bear all additional handling, storage and transport costs as well as the risk of deterioration of the goods due to his failure to do so.
The installation of the delivered products remains the sole responsibility of the customer, without any participation by Group’Michigan.
ARTICLE 6 – PAYMENT
The price is payable in full on the day the order is placed by the customer according to the following methods
By credit card (Visa, MasterCard, and other blue cards): the credit card payment transaction is totally secure by the platform via Sogecommerce, the secure payment solution of Société Générale. The procedure is encrypted by SSL and is carried out directly on the secure server of E-transactions with the 3D-secure system. At no time does Group’Michigan have knowledge of the customer’s bank details.
Payments made by the customer will only be considered as final once Group’Michigan has received the sums due. Group’Michigan reserves the right to suspend or cancel any order or delivery in the event of non-payment of the full price by the customer.
ARTICLE 7 – RESERVATION OF PRIORITY
Group’Michigan retains full ownership of the products sold until full payment of the price and its accessories. Failure to pay on any of the due dates may result in the reclamation of the equipment sold.
ARTICLE 8 – RIGHT OF WITHDRAWAL IN THE CASE OF OFF-PREMISES SALES
In accordance with the provisions of Article L.221-18 of the Consumer Code, the customer has a period of 14 days from the date of ordering the product to exercise his right of withdrawal. The customer exercises his right of withdrawal by informing Group’Michigan of his decision to withdraw by sending a withdrawal form to the company’s postal address indicated on the form by registered letter.
The cost of returning the goods shall be borne by the customer.
For products that cannot be returned by post due to their nature (items weighing more than 30 kg), the customer must contact Group’Michigan’s Customer Service by telephone or e-mail (information given in the “CONTACT” section of the site) to obtain the amount of the return costs from a carrier, which must be paid in order to return the product. The returned product travels at the customer’s risk.
ARTICLE 9 – GUARANTEES
9.1. Legal guarantees
The products sold by Group’Michigan are covered by law and without additional payment, in accordance with legal provisions:
the legal guarantee of conformity as defined in articles L.217-4 and L.217-5 of the Consumer Code,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, under the conditions and according to the terms set out in the box below.
It is recalled that within the framework of the legal guarantee of conformity, the customer :
has a period of two years from the delivery of the goods to take action against Group’Michigan;
may choose between repairing or replacing the product ordered, subject to the cost conditions set out in Article L 217-9 of the French Consumer Code;
is exempted from proving the existence of a lack of conformity of the Product during the 24 months following the delivery of the Product, except for second-hand goods, for which the period is extended to six months (Article L 217-7 of the Consumer Code).
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the product. The customer may decide to implement the guarantee against hidden defects of the product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
To assert his rights, the customer must inform Group’Michigan in writing of the non-conformity of the products within the time limit and return the defective products at his expense or bring them back to the shop. Group’Michigan will reimburse, replace or repair products or parts under warranty that are found to be non-conforming or defective in accordance with the provisions of the Consumer Code. Group’Michigan’s warranty is, in any event, limited to the replacement or reimbursement of non-conforming products or products affected by a defect: no compensation may be claimed for damages for any reason whatsoever.
Group’Michigan shall not be liable in the event of non-compliance with the regulations in force, which it is the customer’s responsibility to check, or in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the customer, as well as in the event of normal wear and tear of the product, an accident or force majeure.
9.2 Contractual guarantees
Without prejudice to the warranties mentioned in Article 9.1 hereof, the products sold by Group’Michigan have a contractual warranty of 2 years from the date of delivery to the customer.
The contractual warranty does not cover
1/ defects resulting from a fortuitous event or force majeure (e.g.: electrical shocks, floods, natural disasters, etc.)
2/ defects related to structural work
3/ breakdowns resulting from poor handling of the product or lack of maintenance by the client
4/ costs resulting from the product’s malfunctioning (e.g. water, cleaning products, etc.)
5/ the cost of removing and re-installing the equipment and the cost of returning it by post or carrier.
For any claim concerning the implementation of the guarantee, the customer should write to Group’Michigan, 10-Route de la Roncette-Lingreville-50660. All claims must be accompanied by the product purchase invoice.
9.3. Exchange Mouv’Spa
In the event of a return or exchange of a product, the spa must be returned in the field (vertically) on a pallet. No return can be scheduled if the above conditions are not met.
ARTICLE 10 – AFTER-SALES SERVICE
Outside the contractual or legal warranty period, or if the breakdown does not fall within the scope of the warranties, Group’Michigan offers an after-sales service. The terms and conditions of the after-sales service are defined in the general terms and conditions of after-sales service posted on the Group’Michigan website (Mouv’Spa), and given to the customer upon request.
ARTICLE 11 – RETURN OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
Group’Michigan informs the customer that electrical and electronic equipment at the end of its life, obsolete or no longer functioning, must not be thrown in the trash or in the selective sorting bins of its municipality. In application of article R 543-180 of the Environmental Code, Group’Michigan takes back free of charge or has it taken back free of charge on its behalf the used electrical and electronic equipment that the consumer discards, within the limits of the quantity and type of equipment sold.
However, Group’Michigan reserves the right to refuse to take back electrical and electronic equipment which, as a result of contamination, presents a risk to the safety and health of the personnel in charge of taking back the equipment, which cannot be avoided by conventional personal protective equipment or standard means of packaging.
ARTICLE 12 – PROCESSING OF PERSONAL DATA
In accordance with the French law “Informatique et libertés” of 6 January 1978, the customer has the right to access and rectify personal data concerning him/her and collected by Group’Michigan. The customer may exercise this right of access by contacting Group’Michigan in writing at 10-Route de la Roncette-Lingreville-50660.
Unless the customer has indicated his refusal at the time of ordering, he may receive advertising proposals from Group’Michigan’s commercial partners. The customer may however, without any reason or penalty, terminate this authorisation by contacting Group’Michigan’s customer service department in writing.
ARTICLE 13 – LANGUAGE – DISPUTE – APPLICABLE LAW
The language of these General Conditions of Sale is French. French law is the only applicable law. In the event of a dispute, the parties shall seek an amicable solution before taking any legal action. In the event of failure of these attempts, all disputes concerning the validity, interpretation and/or execution of these GTCs shall be brought before the French courts, even in the event of multiple defendants or third party claims.
ARTICLE 14 – TECHNICAL SPECIFICATIONS FOR ROTATIONAL MOULDING
Parts made of rotational moulded polyethylene have a microporous and slightly matt appearance. The flat faces may show a wavy effect, a phenomenon linked to the shrinkage of the material during its cooling.
Dimensional tolerance can vary from 1% to 2% from one part to another. Group’Michigan is not responsible for these variations. The customer, by having read and approved the GTC, accepts the possible deformations of one or several parts of his Spa.