Preamble
HOTEL MEGASTORE (hereinafter referred to as "HOTEL MEGASTORE") is a specialist in the sale of products for hotel professionals (hereinafter referred to as the "Products") which it offers for sale, in particular, on its website www.hotelmegastore.com (hereinafter referred to as the "Website"). These General Terms and Conditions of Sale (hereinafter referred to as the "T&Cs") are exclusively reserved for professional buyers acting in direct relation with their professional activities for all orders placed directly with HOTEL MEGASTORE or on the Website.
Article 1. Remit and purpose
These General Terms and Conditions of Sale are applicable to all contracts, estimates, technical and commercial proposals or orders made between HOTEL MEGASTORE and any client having the capacity of a professional as defined under the preliminary article of the Consumer Code (hereinafter referred to as the "Client").
The purpose of these General Terms and Conditions is to set forth the rights and obligations of HOTEL MEGASTORE and the Client in the framework of sale of Products.
These T&Cs may not be amended by any prior document, nor any subsequent clause even when appearing in a purchase order, estimate and/or general terms and conditions of purchase or any other document issued by the Client without the prior written acceptance of HOTEL MEGASTORE. No action or commitment accepted by HOTEL MEGASTORE or its representative may be deemed as constituting or granting any derogation, even in part, to these T&Cs, if it does not bear an express and unambiguous indication of the acceptance by HOTEL MEGASTORE to derogate these T&Cs.
In such instance as HOTEL MEGASTORE does not claim enforcement, at any given time, of any of the stipulations appearing in these T&Cs, this may not be deemed as relinquishment of subsequently claiming enforcement thereof.
Article 2. Orders
2.1. Placing an order: The Client hereby confirms to have read the T&Cs annexed to the estimate and accepted on the Website prior to placing an order and recognises that approval of an order implies acceptance of the terms and conditions therein. The Client places its order directly with HOTEL MEGASTORE or by the intermediary of the Website by providing HOTEL MEGASTORE with its personal data.
The minimum order total excluding fees is €200 excl. VAT.
2.2. Order acceptance: The Client is able to order samples (textile swabs) or products by the unit across a number of product references if it wishes to ensure that the product meets its requirements prior to placing any significant order.
An order is considered as firm and definitive as soon as it is confirmed either by email sent by HOTEL MEGASTORE or, where the order is placed directly on the Website, as soon as the Client clicks on "Validate and Pay" following display of the order summary on screen.
2.3. Order modification: Where an order is placed directly on the Website, the Client may amend the order under the "MY BASKET" section at any time prior to order confirmation. Orders are firm and irrevocable following acceptance in line with the terms and conditions indicated under article 2.2 of these T&Cs. Consequently, any modification requested by the Client following confirmation, and notably concerning order quantities, specifications (etc.) is subject to the prior written acceptance of HOTEL MEGASTORE in a clear and precise manner in the new offer or order confirmation issued by HOTEL MEGASTORE following the order. In all instances, any order already received by our carriers or confirmed by our suppliers may not be amended.
The Client will pay HOTEL MEGASTORE all costs incurred and all direct or indirect consequences resulting from any order modification (such as, and without being limited to costs for supplements requested, return to stock, logistical fees, etc.) and will accept any longer delivery lead time.
2.4. Order of non-catalogue products or bespoke articles: At the request of the Client, HOTEL MEGASTORE will provide it with non-catalogue products or bespoke products with specifications provided under the sole and total liability of the Client. These orders of non-catalogue or bespoke products will automatically lead to payment of a deposit at the time of order and may not be returned. Non-catalogue articles may neither be reimbursed or exchanged. Under no circumstances may the deposit be reimbursed.
2.5. Order cancellation: It is not possible to cancel an order following acceptance of the order by the Client. Insofar as Clients are professionals, the right of use and in particular the provisions set forth under article L121-20-12 et seq of the Consumer Code are not applicable thereunto. Consequently, the Client may not benefit from the cooling-off period which is not available to professionals.
2.6. Refused order: HOTEL MEGASTORE reserves the right to refuse any order or delivery in the event of any dispute existing with the Client, and in particular following default in respect by the Client of obligations accepted pursuant to the general terms and conditions of sale, notably concerning any payment incident for an order likely to lead to suspended access to the website, and even termination of the client account, without prejudice for all compensation which HOTEL MEGASTORE may claim.
Article 3. Delivery and receipt of products
3.1. Product availability: Products are distributed by HOTEL MEGASTORE in the limit of stocks available and the availability of various service providers and partners.
In the event of non-availability, HOTEL MEGASTORE may offer the Client a solution as a replacement for Products ordered. If it is not possible to replace the Product and only if the Client account has already been debited, HOTEL MEGASTORE will offer the issue of a voucher to the Client for the same value as the order.
3.2. Product delivery: Delivery lead times are indicated in an estimate and will be confirmed at the time of order confirmation by HOTEL MEGASTORE
- For Mainland France, Corsica, Belgium and Luxembourg, fixed-rate shipping and packaging costs are applied which vary in line with the nature
of products, order amounts depending on the amounts indicated exclusive of VAT on the purchase order and in the catalogue, and the destination of
products.
- For other destinations, delivery is made after proposal by HOTEL MEGASTORE and acceptance by the Client of a specific shipping quote directly to the place of issue. Certain catalogue articles are heavy and may lead to additional shipping costs. HOTEL MEGASTORE will do its very best to meet with Clients' satisfaction, but waives all liability in such instance as delivery lead times are not met or deliveries are unavailable. If delivery lead times are not met, this may not lead to compensation, withholding of amounts, or cancellation of pending orders. Moreover, in the event of any late delivery, no penalty may be unilaterally imposed on HOTEL MEGASTORE by the Client.
3.3. Delivery address: It is hereby reiterated that the Client is liable for checking the delivery address indicated on all documents issued by HOTEL MEGASTORE and that in the event of any error not notified prior to dispatch of goods, all costs for a further delivery will be payable solely and exclusively by the Client and be invoiced additionally without any objection by the Client.
3.4. Receipt of products – Shipping incident: Products are shipped by post or carrier depending on the size of the order. Merchandise travels at the risk and peril of the Client. The Client is hereby reminded that it is liable to undertake an inspection of the physical condition of the delivered package as well as an inspection of the content and to check the proper working order of all products at the time of unpacking, and to do so in the presence of the carrier. In the event of any damaged package, issue, or defect, the Client should issue reservations and indicate the damage, issue or defect on the shipping note and subsequently notify this within forty-eight (48) hours to the carrier by way of a recorded delivery letter with acknowledgement of receipt indicating the damage or defect observed (article L 133-3 of the Commercial Code) and send a copy of this letter to HOTEL MEGASTORE. Any claims which fail to respect these formalities will be disregarded.
Article 4. Warranties
4.1. Remit of the warranty: The warranty for delivered Products covers non-compliance and any hidden defect for products delivered due to any defect in material, design or manufacture affecting products delivered and making them unfit for their intended use, and this warranty forms an indivisible whole with the Product sold by HOTEL
MEGASTORE. Products may not be sold or re-sold in any altered, transformed or modified state. The warranty is limited to replacement or reimbursement for noncompliant or defective products with the exclusion of any price reduction.
4.2. Non-waiver: Replacement of Products or defective parts will not lead to any extension to the term of the warranty indicated above. The warranty is not valid if
Products have been used abnormally, or have been used in any conditions different to those for which they were manufactured, in particular in the event of failure to respect the conditions appearing in the notice of use. The warranty is not applicable to any damages or accident resulting from any impact, fall, negligence, lack of
supervision or care, or transformation of the Product. Finally, normal wear and tear of the Product and cases of force majeure are not covered by the warranty.
4.3. Procedure: In order to claim its rights, the Client should, subject to forfeiture of the right to make a claim, inform HOTEL MEGASTORE in writing of the existence
of defects within a maximum period of forty-eight (48) hours following discovery.
Before returning any Products covered by the warranty, the Client should send HOTEL MEGASTORE the following information: precise contact details, description of the item concerned, serial number, defect observed and invoice and/or purchase order reference number. Once this information has been duly received by HOTEL MEGASTORE and if the claim is valid, HOTEL MEGASTORE will send the Client a "return file" allowing it to replace the defective Products. No return will be accepted without a valid return file.
The return procedure should respect the following conditions: Products should be returned along with a copy of the original invoice and return number clearly appearing on the package, to the following address: HOTEL MEGASTORE, 580 avenue de Lossburg, 69480 ANSE FRANCE.
Products should be returned in their original packaging, without any modification or alteration and in full (accessories, notices, drivers, etc.), all protected in an outer packaging which clearly indicates the return number.
In all instances, HOTEL MEGASTORE reserves the right to check that all returns are eligible for the legal warranty for compliance and hidden defects.
In the event of failure to respect the conditions of the warranty, HOTEL MEGASTORE reserves the right to refuse to exchange or offer reimbursement for the products and to apply a 30% (thirty percent) rebate over the product value and invoice additional shipping costs incurred for returns or exchanges.
Similarly, insofar as Clients are professionals, the right of use and notably the provisions set forth under article L121-20-12 et seq of the Consumer Code are not applicable (cf article 2.5 of these T&Cs) and consequently HOTEL MEGASTORE reserves the right to refuse exchanging or offering reimbursement for products or a 20% (twenty percent) rebate over the product value and to invoice additional shipping costs incurred for these returns or exchanges in the event of any error in product choice or mistaken order of products by the Client.
All consumables (cosmetics, bath or bed linen, slippers, etc.) may not be returned or exchanged.
In all instances, any claims made by the Client by virtue of the warranty may not lead to any claim over the validity or lead to any suspended payment of the entire invoice concerned.
In the event of an exchange, the parties agree that the delivery lead times may be extended if the replacement product is not available. The term replacement product refers to any product to be replaced or exchanged by another product of identical quality.
Article 5. Price
HOTEL MEGASTORE prices are exclusive of VAT. Prices are billed in line with the price list in force as at the date of order and in line with the category of buyer concerned. Prices are subject to VAT at rates in force in France and any change to the legal VAT rate applicable will be applicable to the prices of products, as at the date stipulated by the implementing decree accordingly. The Client is hereby notified that administration costs are invoiced on top of the prices of products and these are specified on the order summary and in the order confirmation and added to the total order price.
Displayed prices are valid until publication of the next catalogue notwithstanding any unpredictable or exceptional event, any typographical error, or incomplete or incorrect description or image.
Prices may however be exceptionally amended due to any change in exchange rates, costs of raw materials, or any tax or duties.
Article 6. Billing. Payment terms. Late payment.
6.1 Billing: All orders lead to publication of an invoice pursuant to the provisions set forth under article L.441-9 of the Commercial Code. Notwithstanding any exceptional event, invoices are issued at the time of product dispatch. Invoices are issued on the basis of prices in force as at the date of order.
6.2. Payment terms: Payment, which is understood as the effective availability of funds and not the simple issue of a bill of exchange creating an obligation to pay should be made on the date appearing on the invoice. Notwithstanding any indication to the contrary, payments should be made to the head office of HOTEL MEGASTORE. Each invoice should be paid on or before its due date, even if the goods are part of an overall order delivered in instalments or the delivery is partial or if a claim has been made against one or more of the products by the Client. No discount will be granted for early payment or cash payments. Notwithstanding any prior written consent from HOTEL MEGASTORE, and under the condition that all liabilities are established, due and payable, no offsetting of amounts may be undertaken by the Client between any penalties corresponding to failure to respect delivery dates, defective Products and amounts which HOTEL MEGASTORE owes or any deductions received by HOTEL MEGASTORE by virtue of Product purchases.
Payment will only be made by the following methods:
• By bank cards accepted by HOTEL MEGASTORE
• By bank transfer
• By cheque
6.3. Supporting documents and verifications: HOTEL MEGASTORE reserves the right to request the following information from clients:
• A copy of a company incorporation certificate
• Proof of the delivery address
• The payment means used
6.4. Payment terms: Invoices are payable thirty (30) days following the invoice date and pursuant to articles L441-10 of the Commercial Code by the latest sixty (60) days following the date of issue of the invoice.
In the event of any failure to pay invoices, late payment penalties will be automatically accrued from the first day following the payment date appearing on the invoice, and are calculated at an interest rate equal to three (3) times the legal interest rate, from the date following the due date of the initial payment and until the date when HOTEL MEGASTORE is credited with the amount, without prejudice for all other consequences. This rate is equal to the interest rate applied by the European Central Bank in its most recent refinancing operation increased by ten (10) points. In this instance, the rate applicable during the first half of the year concerned is the rate in force as at 1st January of the year in question and, for the second half of the year concerned, it is the rate in force as at 1st July of the year in question. Late payment penalties are payable without any reminder being necessary.
A fixed-rate compensation amount for recovery costs equal to forty (40) euros will be added to this amount. Where recovery costs incurred exceed forty (40) euros, HOTEL MEGASTORE will request additional compensation, upon justification, with it being indicated that all recovery fees, including legal fees and costs for proceedings, are payable by the Client.
Moreover, HOTEL MEGASTORE reserves the right in the event of default in payment or only partial payment, as follows upon the due date of payment:
- to declare early payment of all Client invoices, including those which are not yet due and regardless of the payment terms previously agreed,
- to request all payment guarantees deemed necessary by HOTEL MEGASTORE,
- to suspend performance of the order concerned and/or all pending orders and services with the Client, without prejudice for any other redress, legal or otherwise, until full and proper payment, and
- to declare, following service of notice by way of a recorded delivery letter with acknowledgement of receipt, remaining without response eight (8) days following service, automatic termination of the order concerned and/or all pending orders with the Client, and to retain, as compensation, all deposits received without prejudice for all other compensation.
Following payment incidents (unpaid amounts, late payments, refused deliveries, returns, etc.), HOTEL MEGASTORE reserves the right to amend the payment terms previously agreed without the client being able to make any claim whatsoever.
Article 7. Retention of title/Transfer of risks
THE CLIENT WILL TAKE OWNERSHIP OF THE PRODUCTS AFTER FULL PAYMENT. Payment will be complete following effective receipt of the total price. Effective payment of the price is understood to be the price invoiced in principal, plus costs and late payment interest inclusive. It is hereby reiterated that the simple issue of a bill of exchange creating an obligation to pay, whether a draft or otherwise, does not constitute a payment as defined by this clause.
Default in payment by the Client, in whole or in part, of invoices by their due date, authorises HOTEL MEGASTORE to immediately take back all merchandise. Exercising this right of reclamation by HOTEL MEGASTORE does not release the Client from the obligation to pay invoices.
In the event of any reclamation, merchandise found is deemed to be that invoiced most recently and will therefore be reclaimed up to the total of amounts invoiced.
Deposits will be retained by HOTEL MEGASTORE in compensation.
Insofar as the price has not been paid in full, the Client undertakes to separate the Products purchased and not to mix these with other Products of the same nature from sellers other than HOTEL MEGASTORE.
This clause does not hinder the transfer of risks to the Client during shipping of Products pursuant to article 3.3. "Receipt of products". In the event of any order made by a client in the name and on behalf of a third party, the client and third party will be jointly and severally liable for payment of the order and performance of all other commitments resulting from these general terms and conditions of sale.
Article 8. Intellectual property
All of the elements published on the Website, such as sounds, images, photographs, videos, text, animations, programmes, graphic design, utilities, databases, software, and trademarks are protected by the Intellectual Property Code and belong to HOTEL MEGASTORE. The Client refrains from breaching intellectual property rights pertaining to these elements and notably from any reproduction, representation, modification, adaptation, translation, extraction and/or reuse of any qualitatively or quantitatively substantial part thereof, with the exception of any actions required for their normal use and in compliance with that which is expressly authorised in advance by HOTEL MEGASTORE. HOTEL MEGASTORE refrains from publishing any hypertext link towards the Website, without any prior written consent.
Article 9 - Personal Data
HOTEL MEGASTORE collects and processes personal data pertaining to its clients in its client and prospective client files. HOTEL MEGASTORE processes these data as data controller, for the purposes of performance of the agreement or in its own best interests concerning management and development of its commercial activities.
These files are notably intended to manage and administer contracts, invoices and marketing operations of HOTEL MEGASTORE.
Personal data are collected directly from the Client, in the framework of publication or in performance of contractual relations.
Moreover, so as to optimise its services, HOTEL MEGASTORE may wish to use personal data of the Client for direct marketing. By accepting these T&Cs, the Client expressly confirms its acceptance for use of its personal data for this purpose.
The purposes for which the Client's personal data are processed are as follows:
- To propose products, handle purchases, and deliver orders;
- Commercial prospection;
- Performance of commercial and marketing analyses and statistics, development of steering, measurement and reporting tools;
- Suggestion of a marketing framework for additional or promotional offers based on previous behaviours or any other useful information;
- Sending out catalogues;
- Invitation to commercial events.
Additional information may be subsequently collected indirectly, by the intermediary of HOTEL MEGASTORE employees. HOTEL MEGASTORE hereby confirms that it only processes these data for those purposes outlined above, with the exception of any other purpose.
The recipient of these data are HOTEL MEGASTORE employees (marketing and sales representatives, accounting/finance, legal, logistics teams, etc.) or other
HOTEL MEGASTORE entities forming the HOTEL MEGASTORE group or service providers commissioned by HOTEL MEGASTORE. In this latter instance, HOTEL MEGASTORE ensures that its service providers present sufficient guarantees as to implementation of appropriate technical safety and organisational measures so as processing meets the requirements of the GDPR and guarantees protection of the Client's rights.
The Client has a right of notification, access, rectification, a right to be forgotten and to deletion, a right of limitation, portability and to make a copy, and to object on legitimate grounds, to withdraw its consent at any time for processing of its personal data.
These rights can be exercised by sending an email to the following address : privacy@hotelmegastore.com or by writing to the following postal address: Hotel Megastore, 580 avenue de Lossburg , 69480 ANSE (France). HOTEL MEGASTORE undertakes to reply to all requests within a maximum of ONE (1) month following receipt: The Client's personal data will be stored for a maximum of three (3) years and then stored for a term of two (2) years following the last order placed by the Client. Pursuant to the Agreement and the term of extinctive prescription indicated above, HOTEL MEGASTORE undertakes to destroy all Personal Data.
Article 10 - Force majeure
In the event of occurrence of any case of force majeure as recognised by article 1218 of the Civil Code and case law handed down by the High Court of Cassation, the Party impeded in performance of its obligations by said event should notify the other Party as soon as possible following said occurrence indicating the reasonable efforts it has previously implemented to continue to respect its obligations. The obligations of the respective Parties will then be suspended for the entire duration of the case of force majeure and if the event should continue and the impediment becomes definitive, the agreement may then be terminated by the most diligent Party without compensation. It is hereby indicated that for performance of this clause, pursuant to applicable case law, force majeure will not be claimed by the Client to justify default in performance of any payment obligation notably in such instance as any unpredictable event should have consequences over its business activities.
Article 11. Legislation and Dispute resolution
These general terms and conditions of sale are governed by French law.
ANY DISPUTE ARISING AND WHICH PERTAINS TO APPLICATION OF THESE GENERAL TERMS AND CONDITIONS, THEIR INTERPRETATION, PERFORMANCE AND AGREEMENTS OR ORDERS SIGNED BY HOTEL MEGASTORE PURSUANT TO THESE GENERAL TERMS AND CONDITIONS WILL BE REFERRED TO LYON COMMERCIAL COURT, EVEN IN SUMMARY PROCEEDINGS, WITH MULTIPLE DEFENDANTS OR FOLLOWING A CALL FOR JOINDER TO PROCEEDINGS.
These general terms and conditions are drafted in French. In the event of translation into any other language, only the French version will prevail.
If any of the clauses or provisions appearing in these T&Cs should be annulled or declared illegal following a definitive legal ruling, this invalidity or illegality will not have any effect over all other clauses and provisions, which will continue to be applicable.
