Article 1 : Application Fields and Modification of the General Conditions of Sale
These general conditions of sale apply to all orders placed on the website www.mister-gadgets.com.
The company reserves the right to adapt or modify at any time these terms and conditions of sale. In case of modification, it will be applied to each order the general conditions of sale in force on the day of the order.
Article 2 : Company Contact Information
ISM2D Limited (International Services, Marketing, Distribution and Development)
Registration n°: 1702325 au registre du commerce de Hong-Kong
The head office :
Office 2611, Office Tower Langham Place
8 Argyle Street
Article 3 : Origin and particular clauses of products
The products are mostly of Asian origin and are managed directly or indirectly by the company which remains in all cases your contact.
Article 4 : Availability of products
In case of unavailability, we will contact you within a maximum of 15 days so that you decide to wait, cancel the order or be refunded.
Article 5 : Private sale
The products offered for sale are accessible only after entering your full details (billing and delivery addresses) and your email address before payment. It is your responsibility to correctly enter your information before payment. We will not be responsible in any way for any charges that may arise from this misdirection. You will then have a space on the site allowing you to follow orders and edit invoices. In case of loss of password a utility allows you to return it provided that the internet address indicated is correct. For reasons of monitoring and security, the IP address of the user is recorded on our site during its consultation. The company vouches never to communicate your email address to other companies. By cons, the registration on the site automatically registers you on our newsletter which legally involves an unsubscription link.
Article 6 : Invoice
The invoice is sent to you by Email but you can also recover it in your personal space.
Article 7 : Validation of orders and electronic signature
Any order signed by the consumer by "click" is an irrevocable acceptance that can be challenged only within the limits provided in these terms and conditions.
The "click" associated with the authentication and non-repudiation procedure and the protection of message integrity constitutes an electronic signature. This electronic signature has value between the parties in the same way as a handwritten signature.
Article 8 : Price
The company reserves the right to change its prices at any time but agrees to apply the rates in effect that you have been indicated at the time of your order. The prices are calculated at the time of the order by our Internet site according to the parameters of the customer. This calculation will take into account the delivery, the quantity, the product and the shipping costs. The price does not take into account any customs duties of the country upon receipt of the goods. After calculation, the entire command is displayed. The validation of the order thus displayed triggers the ordering process as defined by Article 7.
Article 9 : Terms of payment, processing time and security
You can pay by 2 ways:
- By your Paypal account : The paypal account is a safe and fast way for any payment over the Internet. We invite you to open an account if you do not currently have one.
- By credit card : The payment by credit card can be done by Stripe essentially but also via Paypal.
Retention of title clause : The products remain the property of the company until full payment of the order. However, upon receipt of the order by the customer, the risks of the goods delivered are transferred to the customer.
Failure to Pay : The company reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully paid or a previous order or with whom a payment dispute is in progress of regularization.
Anti-fraud control: : The occurrence of an unpaid due to the fraudulent use of a credit card will result in the registration of the details of the purchase order associated with this unpaid within a payment incident file. An irregular declaration or an anomaly may also be the subject of a specific treatment.
In accordance with the Data Protection Act of 6 January 1978 you have at any time, a right of access, rectification, and opposition to all of your personal data by writing, by mail, and justifying of your identity, to our society.
Article 10 : Terms and delivery times
10.1 - Terms and conditions
General : The products are delivered to the delivery address that you have indicated during the ordering process. For reasons of tracking of the parcels, it is impossible for us to deliver the orders in the bases or other premises of the Armies. Postage and packing are calculated by our site, according to the weight, the amount of the order, the choice of the type of carrier and the country of delivery. All the countries of the world are proposed. However, if one of the destinations is not covered by one of the suppliers, the item and the related fees will be refunded.
Shipping costs : The products leave from our suppliers mostly Asian. In the case of ordering several different products, shipping charges will apply for each product that is the subject of a different supplier. The shipping costs corresponding to an order of several products to a single supplier will be calculated according to the total weight of this order to this supplier. For an order over € 100, excluding free products, the company will pay all shipping costs for a normal shipping method using the post.
Special case of free products : Fees that appear as shipping costs include management fees. A product that is ordered in multiple copies will be subject to a combination of management fees plus those related to transportation. These products are distributed primarily for advertising purposes. The number of free products ordered should in no case exceed the figure of 25. For an order mixing free products and pay, the shipping costs will represent a combination of all these costs as if they were the single control object independent of each other.
10.2 - Shipping times
To minimize costs, you will receive your products by mail. The average delay is usually 4 to 6 weeks. The indicated deadlines are average deadlines and correspond to the delays of treatment, preparation and dispatch of your order. They run as soon as the order is confirmed. This period increases from 2 to 4 weeks if a carrier is offered for a higher cost.
Exceeding the shipping time may result in a cancellation of the order when the order is not shipped. For that, just contact us. In the case where the order is being forwarded, you must contact us within 24 hours after the confirmation of shipment, so that we block delivery. In case you receive the package: refuse it and ask for the refund of your order with our services. As soon as we have the confirmation of the return of your parcel, we will refund you within 15 days.
For an order consisting of several products or containing an article in pre-order, the shipping time of this order is then based on the longest shipping time. However, the company reserves the right to split the order into several deliveries at no additional cost to the customer.
On delivery, you must check the conformity of the delivered goods at the time of delivery and before signing the carrier's delivery note. You must indicate on the delivery note and in the form of handwritten reserves accompanied by your signature any anomaly concerning the delivery (damaged product). This check is considered to have been made once the buyer, or a person authorized by him, has signed the delivery note. You must also report by registered mail the anomalies and confirm your reservations to the carrier no later than 48 hours after receiving the item (s) and send a copy of this letter to our services. If the products need to be returned to us, they must be the subject of a request for return to our services. If, at the time of delivery, the original packaging is damaged, torn open, then you must check the condition of the items. If they have been damaged, you must refuse the package and note a reserve on the delivery note (package refused because open or damaged).
Article 11 : Responsibilities
- The company can not be held responsible for the non-performance of the contract concluded, due to the occurrence of an event of force majeure and particularly in case of total or partial strike of the carrier's services, and disasters caused by floods or fires. With regard to the products bought to satisfy the professional needs, the company will not incur any responsibility for any consequential damages because of the reasons above ie: loss of exploitation, loss of profit, damages or expenses, that could happen.
- The recommendations present in the service manual products warn and indicate the limits of the responsibility concerning the conditions of its use. The responsibility of the supplier and our company would have been involved in the use of its products that would not take into account these recommendations. The legal action concerning a problem on a product will automatically be transferred to the supplier. The responsibility of the company being solely related to the commercial aspect that is to say the routing of a product from the supplier to the customer and the application of its warranty.
- The choice and purchase of a product or service are under the sole responsibility of the customer. The total or partial impossibility of using the products in particular due to incompatibility of the material can not give rise to any compensation, reimbursement or questioning of the responsibility of the company, except in case of proven defectiveness.
- In case of non delivery of an order or part of order, you have two months maximum (from the date of departure of our warehouses) to show you. Beyond this deadline, we will not accept any claim.
Article 12 : Treatment of parcels not distributed by the service provider
These are the parcels that have not been delivered to the final recipient for the following reasons: NPAI, unclaimed, refused, damaged transport, spoliation ...
12.1 - Returns under the reason NPAI or "unclaimed"
These are the parcels returned by the delivery provider under the mention: Does not live at the Address Indicated or that have not been claimed by the customers within the time limits.
After receipt and acceptance of your package by our services, depending on the nature of the product, available stocks and according to your wishes, we will offer you to reship the product initially ordered to the address of your choice or to be refunded amount of your product, which will be sent to you within 15 days.
12.2 – Returns under the motive "refused" or "spoliation"
You refused your package at the time of delivery You can refuse your order to the carrier and ask for a refund upon receipt of the package by contacting our services. After return of your parcel, a refund of the value of the product of the order will be sent to you within 15 days.
You refused the package because it showed obvious signs of opening and / or shocks. If your product is really damaged, you must make specific reservations on the delivery note. If the package is damaged, torn, open ... you must refuse the package, note a reserve on the delivery note and contact our services to inform us. The mention "subject to unpacking" does not constitute a qualified reservation and has no legal value. It is therefore essential that you accurately describe the condition of the packaging and / or your product. (Ex: Noise, open package, damaged packaging, torn, depressed ... on the bottom right corner, product scratched, depressed, on the left flank ...). You must also confirm by registered mail these reservations to the carrier at the latest in the 48 working hours following the reception of the article (s), and transmit a copy of this mail to our services by attaching photos, recalling well the references carried on the delivery note. Please note: The verification of the status of your product is considered to have been made once the delivery note has been signed. Therefore, in case of non-compliance with the above, no claim will be admissible. (Article L.133-3 of the Commercial Code). However, for the majority of our suppliers, and supporting evidence via photos, the supplier will take it upon himself to send it back to you at his expense. In any case, it is our company that will act as an intermediary.
In the case of return and after receipt and acceptance of your package by the supplier, depending on the nature of the product, available stocks and according to your wishes, we will offer you to reship the product initially ordered. Otherwise, a refund of the total amount of the order (product (s) + shipping) will be sent within 15 days of the acceptance of your return.
Reason for "spoliation" : These are the parcels that have not been delivered to the customer because of spoliation: open parcel, shocks, empty parcels ... After receipt and acceptance of your package by our services, depending on the nature of the product, the available stocks and according to your wish, we will propose to you to resend the product initially ordered. Otherwise, a refund of the total amount of the order (product (s) + shipping if your order has been shipped in a single package) will be made within 15 days of acceptance of your return.
Article 13 : Right of return
13.1 - Procedure and general conditions of return
In order to identify and therefore optimize the processing of returns, any product that needs to be returned must be the subject of a return request from our services, under penalty of being refused. The time you have to contact us depends on the reason for your return. In order to properly process your request, thank you to remind us your order number and your full details
Upon receipt of the agreement of our services, you have 15 days to return the product (date of shipment as proof). After this period, your return will be refused. We advise you to pack well and make the return by carrier. Otherwise, if the package shipped by you, and returning to the supplier, does not succeed, you will have to initiate a survey with shipping services to ask them to locate it. Note that a package not shipped by us is not under our responsibility. Only the sender of the parcel is able to launch a survey with their services.
Upon receipt, the supplier concerned will check the conformity, the condition of the returned product and the reason for return. If the returned product does not comply, it will be rejected by the supplier and will be returned to you, at your expense. If your return is made under a bad reason, your product may be refused and you will be sent back at your expense. The return pattern may especially be reclassified. From then on, you will be informed by email and the processing of your return will be based on the new reason.
13.2 – Returns for reference error
You have 15 days to tell us that the product received is not the product ordered, so that our services will attribute the return agreement.
The product must be returned in good condition and in its original packaging, even if it has been opened, with all its contents (accessories, cords, notices ...). The software must not have been taken out of their original wallet. After receipt and acceptance of your package by our services, depending on the nature of the product, available stocks and according to your wishes, we will offer you to reship the product initially ordered. Otherwise, a refund of the total amount of the order (product (s) + shipping if your order has been shipped in a single package) will be sent within 15 days of acceptance of your return.
Return costs : After having received and accepted your parcel, if the shipping costs incurred are known by our services, we will proceed to its refund except in the case of return for retraction. Otherwise, a proof of the costs incurred will be requested by our services so that the latter is able to proceed with the refund.
13.3- Returns for retraction
Terms of return : Terms of return: In accordance with Article L.121-20 and following of the Consumer Code, you have a period of 14 working days from the date of delivery of your order, to return any item not suitable for you not, in its original packaging and in good condition, suitable for its re-marketing and request the exchange or refund without penalty, except for the costs of return and shipping costs (including any costs) Management). You have 14 days to inform us that you wish to retract.
ATTENTION : No withdrawal will be accepted if the returned product is unsuitable for its re-marketing. Therefore, the product must be returned in perfect condition, in its original packaging, unopened, unsealed, undamaged, unmarked ... The product must be accompanied by all its accessories (notices, cords, etc ... ). Otherwise, the product will be returned to you at your expense. Pictures taken before the packaging of the product remains a plus to resolve any disputes with our suppliers.
Processing of your return for retraction : After receipt and acceptance of your package by the supplier, depending on the nature of the product, available stocks and according to your wishes, we will offer you to reship another product or refund the amount of the of the order that will be sent to you within 15 days.
Transport costs for withdrawal : Shipping costs (delivery and return) in case of withdrawal remain the responsibility of the customer.
Article 14 : Guarantees and after-sales
Terms of application of the guarantee : As soon as the fault is discovered, you can contact our services if you think that a simple advice can help solve the problem. It is essential that you describe the problem with your product. Only products justifying a proven breakdown will be accepted. In case of dispute of the warranty date returned by our site, you must contact our services. The valuable equipment and accessories are generally guaranteed 1 year parts and labor for normal use given by the manual that accompanies or that can be downloaded on the site. For simple cheap consumer goods, this warranty usually only includes defective receipt to report to us within 15 days of receipt of the product. A commercial gesture through the combined action of our services with the supplier concerned is however possible in most cases. Are excluded from the guarantee failures caused by physical shock, attack of corrosive product, electric shock caused by a connection with another product of the trade, bad handling (not envisaged by the manual), flood, lightning, heat shock and all the consequences from the above. All warranty claims must be made by our services to determine together the best solution for your problem. For most suppliers, shipping costs incurred by you to send your product are your responsibility. Once your product has been repaired, it will be returned to you at the supplier's expense.
Guarantee of hidden defects : In application of articles 1641 and following of the civil code, you also benefit from the legal guarantee of hidden defects. Only products with proven hidden defects may be returned under this condition. According to this article, the customer who declares that his product suffers from a hidden defect must prove it. Thus, an expertise of the product must be requested by the customer from a mandated expert so that it certifies the hidden defect. If the appraisal confirms that there is a hidden defect, the authentic document must be sent to our company as soon as possible. The support of the expertise must first be the subject of a validated request by our services before being launched. Upon receipt of the document, a return agreement and the procedure to follow to return your product will be communicated to you by our services. The return costs of your product are then at our expense. Acceptance of your return will be done after finding the defect hidden by the supplier concerned. Once your return has been accepted, your product will be replaced or refunded at the purchase price. Subject to proven hidden defects, the expert's expenses incurred by the customer may be reimbursed by our services upon presentation of the invoice corresponding to these costs.
Out-of-warranty repair : Devices no longer covered by the warranty can be returned to the supplier for repair. The procedure is the same as that for the guarantees. The return is done through our services which are in charge of coordinating the actions. The quote of the supplier will be sent to you through us. The material should be packed at best. Once your product is repaired, it will be returned to you at your expense.