1. Purpose

The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller proceeds with the sale and delivery of the products ordered, and on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer. They apply, without restriction or reservation, to all sales by Refabz of products offered on its commercial Internet site "Refabz.com".

Consequently, the act of ordering a product offered for sale on the Refabz website implies full acceptance of these general terms and conditions of sale, which the purchaser acknowledges having read prior to ordering.
Products are offered for sale in the following geographical territory: Metropolitan France, Monaco, Andorra and Europe (Germany, Austria, Belgium, Denmark, Spain, Great Britain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Switzerland).

Prior to placing an order, the Buyer declares that :
- purchase products on "Refabz.com"is limited to strictly personal use
- have full legal capacity to enter into commitments under these terms and conditions of sale.
Refabz reserves the right to modify these terms and conditions at any time.

2. Refabz identity

Refabz ; LM Eco Production
14 avenue Barthélémy Thimonnier,
69300 Caluire et Cuire, FRANCE
N° SIREN 801 071 663 APE: 4676Z
Telephone: 04 81 09 19 39

3. Site access

The Buyer is personally responsible for setting up the computer and telecommunications resources required to access the "refabz.com" website. The Buyer is responsible for all telecommunication costs incurred when accessing the Internet and using the site.

4. Contract formation and orders

4.1. Prices

The prices of products sold online on the refabz.com website, indicated in Euros, are those in force at the time of registration of the order form by the Buyer.
They do not include shipping costs, which are invoiced in addition to the price of the products purchased according to the amount of the order. Shipping costs are indicated before the Buyer registers the order.
Prices include the value-added tax (VAT) applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the price of products sold by Refabz on its website.
The sale price of products may be modified by Refabz at any time.

4.2 Product characteristics - Availability

In accordance with Article L 111-1 of the French Consumer Code, the Buyer may, prior to placing an order, review the essential characteristics of the product(s) he/she wishes to order on the MA-FABRIK.FR website.
The Buyer selects one or more products from the various categories offered on the Refabz website.
The offers presented by Refabz are valid while stocks last. For products not stocked in its warehouses, offers presented by Refabz are valid subject to availability from its suppliers.
Refabz reserves the right to modify the product assortment, in particular according to the constraints of its suppliers.
The photographs and graphics in the catalogs and products offered for sale are indicative only and are not binding on the seller.
In the event that a supplier modifies a product, the seller cannot be held responsible for its graphic representation, nor can it affect the validity of the sale.

4.3. Control

Any order implies unreserved acceptance of these terms and conditions of sale.
Once the Buyer has registered his/her order by clicking on the "Confirm your order" icon, he/she is considered to have accepted, with full knowledge of the facts and without reservation, the present general terms and conditions of sale, as well as the prices, volumes and quantities of the products offered for sale and ordered.

In accordance with the provisions of the French Civil Code, the contract is concluded with the second click of the order button, by which you confirm your shopping basket after having had the opportunity to correct it.

The Buyer can order on the Internet: https://www.ma-fabrik.fr/
The Buyer's order will be confirmed by Refabz by e-mail.
In accordance with the provisions of the French Civil Code on the conclusion of online contracts, the contract will be concluded when you click on the button allowing you to confirm your order after having viewed the details of your order and in particular its total price, and having had the opportunity to correct any errors. You thereby acknowledge your obligation to pay.

Refabz recommends the Buyer to keep this information on a paper or computer document.

4.4. Archiving

The contracts concluded on our website (data relating to your order and GTC in force on the day of your order) are archived for a period of 10 years. You can access archived contracts by sending a request by post or by mail to Refabz / LM Eco Production, 14 AVENUE BARTHELEMY THIMONNIER, 69300 CALUIRE-ET-CUIRE, FRANCE.

4.5. Language

The language proposed for the conclusion of the contract is French.

5. Terms of payment

Payment of the full price must be made at the time the order is placed by the Buyer. At no time may the sums paid be considered as deposits or down-payments.
All orders are payable in Euros.
To pay for their order, Buyers residing in mainland France may use any of the means of payment indicated on the order form: credit card (Carte Bleue, Mastercard, Visa, American Express), bank transfer and Paypal.

Purchasers residing in Europe and the French Overseas Departments and Territories may use any of the payment methods indicated on the order form: credit card (Carte Bleue, Mastercard, Visa, American Express), bank transfer and Paypal.

The Buyer guarantees Refabz that he/she has the necessary authorizations to use the method of payment he/she has chosen when registering the order form.

Refabz reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any sum due by the Buyer, or in the event of a payment incident.

Penalties of an amount equal to the legal interest rate plus five points are automatically applicable to amounts unpaid at the end of a period of ten days following the invoice date, or upon notification of rejection of bank payment for any other means of payment. Delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions herein.

Refabz reserves the right to request a photocopy of the Buyer's identity card for all credit card payments, as well as proof of address less than 3 months old.

6. Product selection

The Buyer, having familiarized himself/herself with the products and their characteristics marketed by Refabz, has, under his/her sole responsibility and in accordance with his/her needs as previously determined prior to any order, made his/her choice of the product(s) forming the subject of his/her order. In addition, the Buyer is the sole judge of the compatibility of the products ordered with the hardware, software, configurations and other equipment he or she uses.

It is the sole responsibility of the Buyer, if he does not consider himself sufficiently competent, to seek the assistance of an advisor.

7. Delivery and acceptance

7.1. General rules

Products will be delivered to the address indicated by the Purchaser on the order form in metropolitan France, Monaco, Andorra and in Europe: Germany, Austria, Belgium, Denmark, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Greece, Sweden, Poland, Slovakia, Slovenia, Lithuania, Latvia, Denmark, Finland.

Refabz has chosen to work with the Chronopost, DPD and Colis Privé carriers to ship the products ordered to the Buyer. Refabz reserves the right to modify the conditions of delivery at any time of the present general conditions of sale, in order to proceed to a delivery in conformity with the ordered products.

7.2. Delivery problems

The Buyer is obliged to check the condition of the packaging and the contents of the goods on delivery, in the presence of the delivery person. Should the Buyer have any doubts whatsoever about the condition or contents of the package, he/she is obliged to :
- to report any damage due, any complaints and to refuse the goods by immediately issuing an anomaly report to the delivery person.
- to report such incidents to Refabz by e-mail at the following address: [email protected] and by registered letter with acknowledgement of receipt to the address indicated in paragraph 2 hereof, within 14 days of rejection of the goods by the Buyer, setting out the said complaints or reservations.

You can also contact ma-fabrik.fr directly on 09 81 19 83 60.

If the above procedure is not followed, no claim from the Buyer will be accepted.
If no specific reservation is made, the parcel is deemed to have been delivered in good condition and cannot be contested at a later date.

As a reminder, the phrase "subject to unpacking" has no legal value and is therefore inadmissible.

7.3. Deadlines

The transport system enables delivery within an average of 2 to 7 days from the Refabz depot for deliveries in mainland France, and 10 to 12 days for French overseas departments and territories and the rest of Europe.

The starting order is given by Refabz after full receipt of the order price.
Any overrun shall not give rise to damages, withholding or cancellation of the order by the Buyer. These lead times are given on a provisional basis subject to supply by the respective suppliers and are in no way guaranteed.

In any event, and in accordance with the provisions of article L 121.20.3 of the French Consumer Code, the products ordered will be delivered within a maximum of thirty days from the day following that on which the Buyer registered his order, subject to full payment of the price.

If no delivery has been made by the end of this period, the Buyer may cancel the order. The sums paid by the Buyer will then be refunded without delay, to the exclusion of any other compensation.

Deliveries may be suspended in the event of force majeure or the buyer's failure to comply with payment conditions.

8. Product availability

In case of unavailability of the ordered product, Refabz will inform the Buyer as soon as possible.

In accordance with the provisions of article L121.20.3 of the French Consumer Code, Refabz may in this case supply a product of equivalent quality and price. Should Refabz fail to make use of this option, the Buyer will be reimbursed without delay and at the latest within thirty days of payment of the sums paid.

9. Right of withdrawal

9.1. Right of withdrawal

You have the right to withdraw from this contract without giving any reason within thirty days. The withdrawal period expires thirty days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last item.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by post to Refabz, 14 AVENUE BARTHELEMY THIMONNIER, 69300 CALUIRE-ET-CUIRE, FRANCE.

You can use the cancellation form below:

9.2 Cancellation form

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

- To the attention of Refabz, 14 AVENUE BARTHELEMY THIMONNIER, 69300 CALUIRE-ET-CUIRE, FRANCE.
- I/We (*) hereby give you/us (*) notice of my/our (*) withdrawal from the contract for the sale of the goods (*) / for the provision of the services (*) listed below

- Ordered on (*) / received on (*)

- Name of consumer(s)

- Address of consumer(s)

- Signature of consumer(s)

- Date

(*) Delete as appropriate.

For the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period. You must return the goods to Refabz, 14 AVENUE BARTHELEMY THIMONNIER, 69300 CALUIRE-ET-CUIRE, FRANCE, without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been respected if you return the goods before the fourteen-day period has expired. You must bear the direct cost of returning the goods.

9.3. Effects of withdrawal

In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever comes first.

9.4. Exception to the right of withdrawal

Exercise of the right of withdrawal is excluded for the following contracts:
- contracts for the supply of goods made to the consumer's specifications or clearly personalized;
- contracts for the supply of goods likely to deteriorate or expire rapidly;
- contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- contracts for the supply of goods which, after delivery, by their nature are inseparably mixed with other items;
- contracts for the supply of audio or video recordings or computer software when unsealed by the consumer after delivery;
- contracts for the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
- contracts for the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal;
- contracts for the supply of digital content not provided on a tangible medium, where performance has begun after the consumer's express prior agreement and express waiver of the right of withdrawal.

9.5. Liability

You are only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.

10. General repayment conditions

Refabz is responsible for all refunds in the form of a credit note or cheque. By the very fact of presenting the cheque for collection, the consumer undertakes on his or her honour not to contest or oppose the transaction concerned by the refund with his or her bank or otherwise, and undertakes not to do so within one year of the date of presentation of the cheque. The consumer acknowledges that he/she is aware that any breach of this obligation will expose him/her to retrocession of the sum unduly received, without prejudice to any damages that may be claimed by Refabz.

In the case of promotional offers with a free product, in order to obtain a refund of his order, the Customer undertakes to return to Refabz the product which concerns his retraction as well as the associated free product.

11. Reservation of ownership

Refabz retains full ownership of the products sold until full payment has been received, including all costs and taxes.

12. Complaints / product conformity

12.1. Claims

12.1.1

Upon receipt of the Products, the Customer must immediately check their conformity with the order. All claims relating to an inaccuracy in quantities or an erroneous reference in relation to the order must be made to Refabz within two days of receipt of the Products, without neglecting recourse against the Carrier under the conditions of article 9 hereof. After this period, no further claims of this type will be possible.

If the complaint proves to be well-founded and has been lodged within the aforementioned time limit, Refabz will endeavour to rectify the situation as quickly as possible in conjunction, where appropriate, with the manufacturers concerned.

12.1.2

In the case of non-conformity of the Products themselves (i.e. defective Products), the warranty provided for in ARTICLE 13 - shall apply in accordance with the procedure set out in this article and in articles 12.2 and ARTICLE 14 - hereof.

12.1.3

In the event of any claims, the Customer shall make it easy for the Constructors or Refabz to ascertain any claims and provide them with any useful information/documents on first request.

12.1.4

Any unjustified refusal by the Customer to accept the Products will result in the Customer paying Refabz an indemnity of at least 40 euros plus administrative costs, notwithstanding any claim for additional damages.

12.2. Request for return due to product non-conformity

No return of Products will be accepted in the context of a Product warranty as provided for in ARTICLE 13 - without the express prior agreement of Refabz. The return request must be made on the Refabz website.

Upon receipt of the Customer's return request, Refabz will either agree to the return of the Product by means of an "RMA voucher" or will give reasons for its refusal to take back the Product, which will then be sent to the Customer.

When returning Products, the Customer must attach the RMA slip to the returned Products, which must be clearly visible on the outside of the returned package.

13. Legal and commercial warranties

All products sold are covered by the legal warranty against hidden defects (articles 1641 to 1649 of the French Civil Code), and by the legal warranty of conformity (articles L217-3 to L217-20 of the French Consumer Code). In addition, we apply our commercial guarantee (articles L217-21 to L217-24 of the French Consumer Code).

13.1. Legal warranties

Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this same period for new goods, and for a period of twelve months for second-hand or reconditioned goods, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.

The legal warranty of conformity entails an obligation on the part of the trader, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal warranty of conformity entitles the consumer to repair or replace the good within thirty days of his request, free of charge and without any major inconvenience for him.

If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer requests repair of the good, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if :

1° The professional refuses to repair or replace the good;
2° The repair or replacement of the good takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the costs of installing the repaired or replacement good;
4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In this case, the consumer is not obliged to request repair or replacement of the goods beforehand.

The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.

Any period during which the goods are immobilized for repair or replacement suspends the warranty remaining until delivery of the repaired goods.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

13.2. Refabz commercial warranty

13.2.1 Definition

The Refabz commercial warranty in no way replaces or limits the customer's rights under the aforementioned legal warranties. It applies in addition to the rights enjoyed by the consumer and non-professional customer under the legal warranty of conformity.
The Refabz commercial warranty applies free of charge to all products or parts marketed by Refabz.
The duration of the commercial warranty for each product or part is specified on the product sheet. It is either 6 months or 12 months from delivery, depending on the product or part.
The customer may extend the duration of the Refabz commercial warranty for a further 12 months via a paid commercial warranty extension to be selected when purchasing the product.

Under the commercial warranty, Refabz undertakes to provide the Customer with :

A response to any complaint within 24 working hours. Complaints can be made directly in the customer area of the "MA-FABRIK.FR" website, under the heading "Order history and details", or by email to the following address: " [email protected] ";
Free return of the product if it is defective, via a prepaid return label sent to the customer by Refabz ;
Repair or replacement of the defective product (or part) within 3 working days of receipt by Refabz. Refabz will bear the cost of shipping the repaired product.

Any part fitted during a repair under the commercial warranty will benefit from the warranty remaining on the product, except for parts for which a shorter warranty period is expressly specified on the product data sheet.
Any replaced part becomes the property of Refabz.

13.2.1 Exclusions from the commercial warranty

The Refabz commercial warranty is excluded in the following cases.

When the product has suffered damage due to an accidental event (oxidation, impact, deterioration and damage caused by dropping or mishandling, vandalism, etc.),
When the product has suffered damage due to abnormal use (infection by a malicious program, use of peripherals or consumables, presence of foreign bodies in the device, poor storage, negligence, connection or handling errors, etc.),
When one or more product components have been manipulated by the customer or a vendor not authorized by Refabz (design or configuration modification, repair or replacement of parts),

Normal wear and tear is not covered by warranty.

14. Product returns

14.1 Accepted returns

No returns will be accepted after a period of one (1) month from the date of Refabz's express prior agreement on the RMA form.

Product returns accepted by Refabz will give rise, in accordance with the manufacturer's after-sales service procedures or at Refabz's sole discretion, to a repair, replacement or credit note, the amount of which will be equal to the amount initially invoiced.

We will not be able to support any device locked by a session password, iCloud, Microsoft or Google account.

In the particular case of an accepted credit claim, the primary packaging of the equipment to be returned must be unopened and :

- without any markings or labels, especially for transport,

- carefully overwrapped in a suitable secondary carton.

Any returned Product not complying with these requirements will systematically give rise to a refusal of credit on receipt.

In the case of advanced exchange (before return of the defective Product), the Customer must return the defective Product within the aforementioned period. After this period, an invoice for the amount of the exchanged item will be automatically generated.

The return of a functional product to the customer follows the Incoterms conditions of the initial order, with regard to its financial and insurance coverage.

14.2. Returns not accepted

If Products are returned without Refabz's express prior consent, they will be systematically refused and returned to the sender at the sender's expense. In this case, the corresponding invoice will of course be paid on the due date. The risks relating to Products returned without Refabz's express prior agreement shall be borne by the Customer. The present 14.2 shall apply in the case of returns made after the deadline. If the Customer fails to pay the costs stipulated in article 13.5.1.2 within 30 days in the event of exclusion of the warranty, storage costs will be invoiced where applicable. After reminder by registered letter with acknowledgement of receipt, Refabz may proceed with the destruction of equipment not removed within one month. No compensation of any kind whatsoever may be claimed by the Customer from Refabz.

15. Sponsorship

Refabz authorizes the Customer to sponsor friends to become Customers of https://www.ma-fabrik.fr/.

The sponsorship must be made between two distinct physical or moral persons. Refabz reserves the right to refuse a sponsorship without justification.

Sponsorship can only be used for the first order, with no minimum purchase. Therefore, if the credit is not fully used on the first order, the remaining credit cannot be carried over to another purchase and will be lost.

The credit obtained through Refabz sponsorship, for both sponsored and sponsored customers, is only applicable to the price of the products. Shipping costs cannot be covered by the credit.

The credit is expressed in VAT.

16. Liability

The products offered by Refabz comply with current French legislation.
Refabz cannot be held responsible for non-performance of the contract in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, notably of postal services and means of transport and/or communications.
Refabz cannot be held responsible for any direct or indirect damage that may arise from the purchase of products.
Refabz cannot be held responsible for any loss of data or files. It is the Buyer's responsibility to make all necessary backups.
Refabz cannot be held responsible for any total or partial inability to use the products, notably due to hardware incompatibility, nor can it give rise to any compensation or reimbursement.

17. Partial invalidity

If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

18. No waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions of sale shall not be construed as a waiver of the obligation in question for the future.

19. Applicable law

Sales of Refabz products are subject to French law.

20. Information Technology and Civil Liberties

The information collected by Refabz when the Buyer places an order is necessary for Refabz and its commercial partners to manage the Buyer's order. In accordance with the French Data Protection Act n°78-17 of January 6, 1978, the Buyer has the right to access, rectify, oppose and delete data concerning him/her by contacting Refabz.
Through Refabz, the Buyer may receive commercial proposals or be informed of offers from Refabz. If the Buyer does not wish to receive these proposals, he/she may inform Refabz by mail at :

Refabz / LM Eco Production

14 Av. Barthélémy Thimonnier

69300 CALUIRE ET CUIRE

21. Customer service and order tracking

For any information, the Buyer may contact customer service on 09 81 19 83 60 or by e-mail at the following address: [email protected].

22. Disputes

All orders placed imply the customer's unreserved acceptance of Refabz's General Terms and Conditions of Sale.

In the event of a dispute, it is the customer's responsibility to contact the Refabz customer service department: Refabz - 14 Avenue Barthélémy Thimonnier - 69300 Caluire-et-Cuire - [email protected], so that an amicable solution can be found.
In the event of persistent disagreement, the customer is informed that he/she may refer the matter free of charge to the consumer mediator referenced by Refabz, i.e. AME CONSO, within a period of one year from the date of the written complaint addressed to the customer service department.

Referrals to the consumer mediator may be made:
- Either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- Or by post addressed to AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris.

The customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator.

Failing amicable settlement, recourse to mediation or agreement on the solution proposed by the mediator, the dispute will be brought before the ordinary courts in the case of a sales contract concluded with a consumer or non-professional customer. In the event of a dispute with a professional customer, the matter must be brought before the Lyon Commercial Court.