Terms & Conditions – MyBirdyMax
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Terms & Conditions

The Website is edited by MRLECOM OÜ, a limited liability company with a share capital of 2500 euros, registered in the Trade Register of Tartu under the number 16152290, intra-community VAT number: EE102337147, whose registered office is located at Endla 77-6, 10615, Tallinn.

We will then designate :

"Site": the MyBirdyMax site and all of its pages.
"Products" or "Services": all products (materials) and services (services) that can be purchased or subscribed to on the Site.
"Seller": MyBirdyMax, legal entity or individual, offering its Products or Services on the Site.
"Customer": the Internet user, private or professional, making a purchase of Product(s) or Service(s) on the Site.
"Consumer", in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity".
The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these GCS carefully, to print them and/or to save them on a durable support, before proceeding to an order on the Site.

The Customer acknowledges having read the GCS and accepts them in full and without reservation.

Article 1 - Application of the GCS and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GCS applicable to the Customer are those in force on the day of its order on the Site.

The legal information concerning the host and the publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.

The Site is freely accessible to any Customer. The acquisition of a Product or a Service implies the acceptance, by the Customer, of the entirety of the present General Terms and Conditions of Sale, who acknowledges by the same token that he has taken full cognizance of them. This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the sentence of acceptance of these Terms and Conditions of Sale, for example with the words "I acknowledge having read and accepted all the general terms and conditions of the Site". The fact of checking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.

Acceptance of these GCS assumes that the Customer has the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, he declares that he has the authorization of a tutor, curator or his legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic registration systems and, unless the Customer provides proof to the contrary, it waives the right to contest them in the event of a dispute.

The Publisher makes available to the Customer, on its Site, a confidentiality charter specifying all the information relating to the use of the Customer's personal data collected by the Publisher and the rights that the Customer has with respect to such personal data. The data privacy policy is part of the GCS. Acceptance of these GTC therefore implies acceptance of the data privacy policy.

Article 2 - Creation of a customer account

The creation of a "customer account" is an essential prerequisite for any order by the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his/her first and last name, e-mail address, postal address and telephone number, this list being non-exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. It must therefore notify the Seller without delay in the event of a change. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.

The Customer registered on the Site can access it by logging in using his identifiers (e-mail address defined during registration and password) or possibly using systems such as third-party social network login buttons. The Customer is entirely responsible for the protection of the password he has chosen. He is encouraged to use complex passwords. If the Customer forgets a password, the Customer has the option of generating a new one. This password is a guarantee of the confidentiality of the information contained in the "my account" section and the Customer is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Seller shall not be held liable for unauthorized access to a Customer's account.

The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear following a technical failure or a case of force majeure, the Seller's liability could not be engaged, as this information has no probative value but only an informative character. The pages relating to the customer account are freely printable by the Customer holder of the account in question but do not constitute any proof, they are only informative in nature intended to ensure efficient management of its orders or contributions by the Customer.

Each Customer is free to close its account on the Site. To do so, he must send an e-mail to the Vendor indicating that he wishes to delete his account. No recovery of his data will then be possible.

The Seller reserves the exclusive right to delete the account of any Customer who has contravened these Terms and Conditions of Sale (in particular and without this example being exhaustive, when the Customer has knowingly provided erroneous information when registering and creating his personal space) or any account that has been inactive for at least one year. The said deletion shall not constitute a damage for the Customer, who shall not be entitled to any compensation for this fact. This exclusion is not exclusive of the possibility for the Seller to take legal action against the Customer, when the facts justify it.

Article 3 - Order subscription method and description of the purchase process

The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the physical Products.

Satisfied or Refunded: You have a guarantee of 14 days from receipt of your package to return it to us. Contact us and we will launch the return procedure for you.

Shopping cart
We will define below as "Basket" the intangible object grouping together all the Products or Services selected by the Customer of the Site with a view to a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Basket", the content of which may be modified at any time.

As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to purchase, he will have the possibility, in order to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If he wishes to validate his order, the Customer will have to tick the box relating to the ratification of the present Terms and Conditions of Sale and click on the validation button. The Customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he will have to fill in a certain number of personal data concerning him, which are necessary for the proper processing of the order.

All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, and this, until it is validated.

Once the Customer has completed the form, he will then be invited to make his payment with the means of payment listed in the section of these Terms and Conditions relating to payments. After a few moments, the Customer will be sent an e-mail confirming the order, reminding him of the contents of the order and its price.

The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Article 4 - Price and terms of payment

Unless otherwise stated, the prices in the catalog are prices in Euros, all taxes included (VAT included), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.

MyBirdyMax reserves the right at any time to change its prices and to pass on, if applicable, any change in the VAT rate in force on the price of Products or Services offered on the Site. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer may place an order on this Site and may pay by credit card. Credit card payments are made through secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer's means of payment. The payment is made directly in the hands of the bank or payment service provider receiving the Customer's payment. In the event of payment by cheque or bank transfer, the delivery periods defined in the "Deliveries" article of these GCS shall only begin to run from the date of actual receipt of payment by the Seller, who may provide proof of this by any means. The availability of the Products is indicated on the Site, in the description sheet of each Product.

MyBirdyMax shall archive purchase orders and invoices on a reliable and durable medium that constitutes a true copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 5 - Deliveries

Delivery charges will be indicated to the Customer before any payment is made. The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world.

In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Departments and Territories, the Customer declares that it is the importer of the Product and accepts that in such a case the Seller may be materially unable to provide it with accurate information on the total amount of the charges relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

The order processing time is 3-5 days. The shipping time is 48/72 hours after processing. The delivery time may be up to 30 days following the date of shipment (except in cases of force majeure).
Express Processing: Orders are processed within 24 hours before shipment.

You are responsible for the correct entry of the delivery address; MyBirdyMax is not responsible for packages that have been delivered to an incorrect address (which was given to MyBirdyMax before shipping). In cases where MyBirdyMax requires additional information regarding a delivery address, you may be asked by MyBirdyMax to provide additional information. A delay in delivery may occur if additional information regarding the delivery address is required.

The Customer can refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products...); any anomaly will then have to be indicated by the Customer on the delivery note, in the form of handwritten reserves, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. If the Customer fails to comply with these requirements, the Customer may not exercise its right of refusal, and the Seller shall not be required to accede to the Customer's request to exercise its right of refusal.

If the Customer's package is returned to the Seller by the Post Office or other postal service providers, the Seller shall contact the Customer upon receipt of the returned package to ask the Customer to follow up on its order. If the Customer has mistakenly refused the package, it may request its return by first paying the postal charges for the new shipment. Postal charges must be paid even for orders for which the shipping costs were offered at the time of the order.

In the event of delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal, according to Article L.221-18 et seq. of the French Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from a clumsiness or a false move by the Customer may not be attributed to the Seller.

Any delay in delivery in relation to the date or time indicated to the Consumer Customer at the time of his order or, in the absence of indication of date or time at the time of the order, greater than thirty (30) days from the conclusion of the contract may result in the termination of the sale at the Consumer Customer's initiative, upon his written request by registered letter with acknowledgement of receipt, if, after having enjoined the Seller to make delivery, he has not done so. The Consumer Customer shall then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. The present clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Article 6 - Right of withdrawal and withdrawal form

In accordance with Article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or the conclusion of the contract for the provision of services, to withdraw. He shall be required to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of the return costs, within fourteen (14) days from the date of receipt by MyBirdyMax of the refund request.

The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Customer may find below a standard withdrawal form for an order placed on the Site, to be sent to MyBirdyMax. The cost of return varies depending on the item, from five to sixty euros for a return to our non-European warehouse. It is understood that Customer shall bear the cost of returning the Product in case of withdrawal, as well as the cost of returning the Product if it, due to its nature, can not normally be returned by post.

If you make use of your right of withdrawal, we will immediately send you an acknowledgement of receipt of your corresponding declaration (e.g. by e-mail). In order to comply with the cancellation period
(i) You must send us your declaration of cancellation before the expiry of the cancellation period;
(ii) the products must not have been used, opened or damaged;
(iii) the products must be returned undamaged and unused in their original packaging. Where applicable, the packaging must retain the original seal.

Any product that is damaged, incomplete, missing or whose original packaging has been damaged, or without, will not be refunded or exchanged and will be returned to the customer at the customer's expense.

6.1 Exception to the application of the right of withdrawal In accordance with Article L. 221-28 paragraph 5 of the Consumer Code, the legal right of withdrawal is excluded in the case of sealed items that have been opened after delivery and which cannot be returned for health or hygiene reasons.

If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.

It is recommended to the Customer to make the return by a solution allowing a follow-up of the parcel. Otherwise, if the returned package does not reach the Vendor, it will not be possible to launch an inquiry with the postal services to ask them to locate the package.

The refund will be made using the same payment method as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Vendor using another payment method, and provided that the refund does not incur any costs for the Customer.

Seller also reserves the right to defer the refund until receipt of the Product or until Customer has demonstrated that it has shipped the Product, if such demonstration has not previously taken place.

In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

In accordance with Article L221-5 of the Consumer Code, ("Hamon Law") of June 2014, the Consumer Customer can find below a standard form of retraction for an order placed on the site:

Cancellation form

(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of MyBirdyMax: contact@MyBirdyMax.com

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below :

Ordered on (*)/received on (*) :

Name of Customer(s) :

Address of the Customer(s) :

Signature of the Customer(s) (only if this form is notified on paper) :

Date :

(*) Delete as appropriate.

Article 7 - Product Warranty

Legal provisions to be reproduced

When acting under a legal guarantee of conformity, the consumer has a period of two years from delivery of the goods to act; he can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code; except for second-hand goods, he is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods, a period extended to 24 months from March 18, 2016.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any guarantee; in the event of implementation of this guarantee, the buyer has the choice between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the date on which the right arose in accordance with Article 2232 of the Civil Code.



All the articles acquired on this site benefit from the following legal guarantees provided by the Civil Code;

Legal guarantee of conformity

According to Articles L.217-4 and following of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to answer for any defects in conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product. However, when the defect appeared within 24 months after this date (or within 6 months if the order took place before March 18, 2016 or if the Product is sold second-hand), it is presumed to meet this condition. However, in accordance with Article L.217-7 of the French Consumer Code, "the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the alleged lack of conformity".

On the other hand, after this 24-month period (or 6 months if the order was placed before March 18, 2016 or if the Product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.

In accordance with Article L.217-9 of the French Consumer Code: "in the event of a lack of conformity, the purchaser chooses between repair or replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then bound to proceed, unless it is impossible, according to the method not chosen by the buyer.

Legal guarantee against hidden defects

According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the warranty for hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not resulting from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to such an extent that the purchaser would not have purchased the Product or would not have purchased it at such a price if he had known about the defect).

Claims, requests for exchange or refund for a non-compliant Product must be made by post or by e-mail to the addresses indicated in the legal notices on the site.

In case of non-conformity of a delivered Product, it may be returned to the Seller who will proceed to its exchange. In case of impossibility of exchange of the Product (obsolete Product, out of stock, etc.) the Customer will be refunded by check or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then borne by the Seller.

Article 8 - Customer Service

The customer service department of the present Site is accessible by e-mail at the following address: contact@MyBirdyMax.com or by post at the address indicated in the legal notice.

Article 9 - Liability

The Seller MyBirdyMax shall not be held liable for the non-performance of the concluded contract due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller shall not be liable for any indirect damages, operating loss, loss of profit, damages or expenses that may arise.

The choice and purchase of a Product or Service are placed under the sole responsibility of the Customer. The total or partial impossibility to use the Products, in particular due to incompatibility of the equipment, may not give rise to any compensation, reimbursement or questioning of the Vendor's liability, except in the case of a proven latent defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for withdrawal, in accordance with Article L 221-18 et seq. of the French Consumer Code.

The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any event, MyBirdyMax shall in no case be held liable:

for any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, loss of data that may result from the use of the Site, or on the contrary the impossibility of its use;
a malfunction, unavailability of access, misuse, misconfiguration of the Customer's computer, or the use of a browser little used by the Customer;
the content of advertisements and other links or external sources accessible by the Customers from the Site.
The photographs and visuals of the Products presented on the Site are not contractual in nature, and the Seller may not be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.

It may occasionally happen that information, inaccuracies or omissions concerning the description, prices, promotions, offers, shipping costs, delivery times and availability of the Products appear on our Site or in the Service. We reserve the right to correct any errors, inaccuracies or omissions, as well as to change or update information, or to cancel orders if information on the Service or any associated website is inaccurate at any time without notice (including after you submit your order). The delivery page is a continuation of these terms and conditions. Please view it here.

We disclaim any obligation to update, modify or clarify any information on the Service or any associated website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Service or any associated web site should be taken to indicate that all information on the Service or any associated web site has been changed or updated.

Article 10 - Intellectual Property Rights

All materials on this Site are either owned by Seller or a third party agent, or are used by Seller with the permission of their owners.

Any reproduction, representation, adaptation of logos, textual, pictorial or video content, without this enumeration being restrictive, is strictly prohibited and is tantamount to counterfeiting.

Any Customer who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion can not constitute a damage, without prejudice to possible subsequent legal action against him, at the initiative of the Seller or his agent.

The trademarks and logos contained in the Site may be registered by MyBirdyMax, or possibly by one of its partners. Any person making their representations, reproductions, imbrications, broadcasts and re-broadcasts incurs the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.


Article 11 - Independence of clauses

If any provision of the TOS is held to be illegal, void or otherwise unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of the remaining provisions.

These T&Cs supersede all prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable or sub-licensable by the Customer itself.

A printed version of the GTC and all notices given in electronic form may be requested in legal or administrative proceedings in connection with the GTC. The parties agree that all correspondence relating to these GTC shall be written in the French language.

Article 12 - Applicable law and mediation

These GTC are governed by and subject to French law.

Except in the case of public order provisions, any disputes that may arise in the context of the execution of these GCS may, before any legal action, be submitted to the Site Publisher's assessment with a view to an amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits open for taking legal action. Unless otherwise provided, of public order, any legal action relating to the execution of these GTC shall be subject to the jurisdiction of the courts of the jurisdiction of the place of residence of the defendant.

Consumer Mediation

According to article L.612-1 of the Consumer Code, it is recalled that "any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of a dispute between him and a professional. To this end, the professional guarantees the consumer the effective recourse to a consumer mediation system".

For this reason MyBirdyMax proposes to its Consumer Customers, in the framework of litigations which would not have found an amicable resolution, the mediation of a consumer mediator, whose coordinates are the following:

- MEDIATOR OF THE CONSUMPTION AGREE


Article 13 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent or guarantee that the use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may discontinue the Service for an indefinite period of time or cancel the Service at any time without notice. You expressly agree that your use or inability to use the Service is at your own risk. The Service and all products and services delivered to you through the Service are (unless we expressly state otherwise) provided "as is" and "as available" without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. (However, your product will be warranted for 1 year according to the applicable law).
MyBirdyMax, our directors, officers, employees, subsidiaries, agents, subcontractors, trainees, suppliers, service providers or licensors shall not be liable for any direct, indirect, incidental, punitive, special or consequential damages, losses, claims or consequences. consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs or any other similar damages, whether based in contract, tort (including negligence), strict liability, resulting from the use of a service or products purchased using the service, or for any other claim relating in any way to your use of the Service or any product, including, without limitation, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of the Service or any Content (or product) published, transmitted or otherwise made available via the Service, even if notified.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability is limited to the maximum extent permitted by law.


Article 14 - Contact Information

Any questions regarding the terms of use should be addressed to us at contact@MyBirdyMax.com