Terms of sale
This document General Terms and Conditions of Sale, also known as GTC, defines the conditions applicable to sales concluded between, on the one hand, persons making a purchase via the ERGOZONE website - www.ergozone.io, or by means of an order form drawn up following a quotation previously proposed by MAKAGENCY, hereinafter referred to as 'the Client', and, on the other hand, the MAKAGENCY company, hereinafter referred to as 'MAKAGENCY' or 'ERGOZONE' or 'MAKAGENCY.IO' or 'ERGOZONE.IO'.
ERGOZONE is an own entity of MAKAGENCY
ARTICLE 1 - APPLICATION OF THE GENERAL CONDITIONS OF SALEThese general terms and conditions of sale apply to all orders placed on the website www.ergozone.io or through an order form established following the proposal of a quote by ERGOZONE. The website www.ergozone.io is edited by MAKAGENCY.
The Seller is defined below as MAKAGENCY, SASU registered in the Bobigny Trade and Companies Register (R.C.S. Bobigny 844 759 803 ).
The Customer is understood as the one with whom the purchase-sale relationship is established and who is invoiced for the order. Any order placed on the Site www.makagency.io, or by means of an order form established following the proposal of a quote by MAKAGENCY, implies the acknowledgement of the present General Terms and Conditions of Sale as well as the Client's agreement to the entirety of their content. ERGOZONE BY MAKAGENCY reserves the right to adapt or modify the present General Sales Conditions at any time. In this case, only the General Terms of Sale in force at the time the order was taken will then be applicable.
ARTICLE 2 - ORDERS2.1 Orders can be placed on www.ergozone.io or by means of an order form established following the proposal of a quotation by ERGOZONE BY MAKAGENCY.
2.2 French or English are the only languages proposed for the conclusion of the sales contract.
2.3 The availability of products and delivery times are displayed on the website www. makagency.io or on the order form established following the proposal of a quotation by ERGOZONE BY MAKAGENCY
2.4 Any quotation proposed to the client by ERGOZONE BY MAKAGENCY will remain valid for one month from the date of issue.
2.5 The characteristics of the products are indicated on each product page. The photographs as well as the descriptive elements of the products are not part of the contractual field. If these elements contain errors, ERGOZONE BY MAKAGENCY cannot be held responsible. Manufacturers may change without notice the technical characteristics of the products referenced on www.makagency.io, ERGOZONE BY MAKAGENCY may at any time update and modify its product characteristics as well as withdraw its products from sale.
2.6 In case of unavailability of a product, ERGOZONE BY MAKAGENCY will contact the Client as soon as possible. The Client will then be informed of the availability of the product. If the Client does not wish to wait for the product to become available or if the product is definitively unavailable and if the order has been paid for, ERGOZONE BY MAKAGENCY undertakes to reimburse the Client within 30 days following the date of payment by the Client, or, if the payment has not yet been made, to cancel the Client's order.
2.7 All products marketed by ERGOZONE BY MAKAGENCY are derived from 3D printing made from PLA or PETG, exposure to high heat is not recommended.
2.8 In order to place an order on www.makagency.io, the Customer follows the various ordering steps. These correspond to the selection of the product(s) via the page specific to each product, the correction or not of the number of products, the Customer identification via the "order" section as well as the creation of the Customer Account at the time of the order if necessary, the acceptance of the order summary, the acceptance of the General Terms and Conditions of Sale, the acceptance of the terms of payment, the finalisation of the order.
2.9 The checkbox on the acknowledgement and acceptance of the General Terms and Conditions of Sale as well as the click on the "PAY" button, validate the order. These actions are equivalent to an "electronic signature" and a handwritten signature. They constitute an irrevocable and unconditional acceptance of the order and the General Terms and Conditions of Sale by the Customer. The data recorded by the website www.makagency.io constitute the proof of all transactions between ERGOZONE BY MAKAGENCY and its Clients.
2.10 The invoice is communicated to the Client by email. The invoice is provided in the package. The Customer may nevertheless have an invoice by email if he/she requests it via the contact section of the site. The Customer is strongly advised to keep this invoice.
2.11 The order placed on www.makagency.io may be automatically cancelled if payment is not received. This cancellation period is extended to 5 days in case of payment by bank transfer. ERGOZONE BY MAKAGENCY reserves the right not to validate your order for any legitimate reason, in particular in the event that it does not comply with the present General Terms and Conditions of Sale or in the event that several serious and concordant elements give rise to a suspicion of fraud on your order.
2.12 The client may cancel his order as long as it has not been transmitted to the logistics services, the transmission to the logistics services corresponds to the sending of the email specifying that the order has been shipped. When the order is prepared, the cancellation can only be done by refusal of the Customer at the presentation of the parcel. Concerning professionals, no unilateral cancellation of an order by them will be accepted without the prior agreement of ERGOZONE BY MAKAGENCY.
2.13 The information communicated by the Client when placing the order (notably name and delivery address) is binding on the Client. Thus, ERGOZONE BY MAKAGENCY cannot be held responsible in the event that an error during the placing of the order causes a delay or an impediment to delivery.
2.14 The Client has the possibility to place an order for a product not yet available for delivery, this is indicated on the product sheet as a "pre-order" product. The Customer pays the sales price and will be delivered from the date indicated on the product sheet. The product is reserved in the Customer's name while waiting for delivery.
ARTICLE 3 - PRICE3.1 All prices of products and services offered for sale on the www.makagency.io website are expressed in euros excluding VAT not applicable, art. 293B of the CGI and excluding participation in shipping costs.
3. 2 ERGOZONE BY MAKAGENCY reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order registration subject to the availability of the products at this date.
3.3 The ordered products remain the property of MAKAGENCY until full and complete payment is received. However, as of the reception of the order by the Customer or his representative, the risks of the delivered goods are transferred to the Customer.
3.4 The amount of the delivery charges is automatically calculated according to each order, it appears on the summary of your order, before its final registration.
3. 5 ERGOZONE BY MAKAGENCY disclaims all responsibility concerning the use of the products by the customer, any consequence generated by another use or misuse of these products could not be attributed to the responsibility of ERGOZONE BY MAKAGENCY
3.6 Any model created and modelled by ERGOZONE BY MAKAGENCY remains the property of MAKAGENCY, any copy or patent registration by a third party could lead to legal action.
ARTICLE 4 - DELIVERY AND TRANSPORT4.1 Delivery is made either by direct handover to the Customer or by making the order available by post.
4.2 Delivery times correspond to those mentioned on the quotation or on the website www.makagency.io.
4. 3 Delivery is made to the address that the Customer indicated when placing the order.
4.4 If the indicated delivery time is exceeded by more than 15 days, except in cases of force majeure, the Customer may cancel the order and obtain a refund. The Customer must then send us a registered letter with acknowledgement of receipt within 15 working days of the planned delivery date. In the event that the order has not yet been dispatched when the Customer's cancellation notice is received, the delivery will be blocked and the Customer will be reimbursed for any sums debited within 15 days of receipt of the cancellation notice. In the event that the latter has been dispatched, the Customer will always have the option of cancelling the order by refusing the package. In this case, ERGOZONE BY MAKAGENCY will reimburse the products as well as the return shipping costs within 15 days following its receipt of the return of the refused package, complete and in its original condition.
4.5 In the case of the order being made available to the Client by our carriers, if the order is not claimed by the Client, it will be returned to ERGOZONE BY MAKAGENCY, the return costs being borne by the Client. This return causes the cancellation of the contract and the reimbursement of the sums paid by the Client minus the return costs.
4. 6 ERGOZONE BY MAKAGENCY shall not be held liable for late delivery in two main cases: the delay is linked to a case of force majeure (L114-1 Code de la consommation; art 15 LCEN), the delay is attributable to the buyer (art 15 LCEN).
4.7 MAKAGENCY reserves the right to choose the carrier.
ARTICLE 5 - CONFORMITY5.1 The Client is required to check the conformity of the goods delivered before signing any delivery document. In the event of an anomaly, the Customer must indicate his reservations, followed by his signature, directly on the delivery document. In the event of a serious anomaly (damaged or open packaging, missing or damaged products, etc.), the Customer must refuse the parcel and specify on the delivery document the reasons for refusing to accept the parcel. This verification is considered to have been carried out when the Customer, or any person authorised to receive the package on his behalf, has signed the delivery document. The Client must also confirm the reservations to ERGOZONE BY MAKAGENCY, by registered mail with acknowledgement of receipt, within 3 working days following the reception of the order. Any claim formulated outside of this period will not be accepted.
5.2 ERGOZONE BY MAKAGENCY undertakes to reimburse or exchange products that do not conform to the Client's order. The Client must then send a written request via the contact form on the website www.makagency.io or by registered mail with acknowledgement of receipt to ERGOZONE BY MAKAGENCY within 15 days following the delivery date. This complaint relating to the non-conformity of a product with the order must be accompanied by the Client's choice between reimbursement or exchange. Any claim made outside this period cannot be accepted. Any request for exchange by the Customer must comply with the procedure defined in article 6.
5.3 In the cases referred to in the present article 5, the return of products will only be accepted for products returned complete, in their original condition (original packaging, instructions, accessories...). In these same cases, the return costs will be reimbursed by ERGOZONE BY MAKAGENCY.
ARTICLE 6a - RIGHT OF WITHDRAWAL6a.1 The Customer has a legal right of withdrawal period of 7 days from the delivery of his order to return any item that does not suit him. In order to set up this return, the Client must contact ERGOZONE BY MAKAGENCY customer service via the contact form or directly by telephone. The right of withdrawal only applies to items returned unopened (except 3D printers and 3D scanners) and in perfect condition.
6a.2 In order to optimize the conditions of return of the product(s), it is recommended that the return be approved beforehand by our Customer Service who will transmit a return agreement to the Customer. Approval may be refused in the event of non-compliance with the withdrawal terms and conditions. The return can only be accepted if the product is in perfect condition, i.e. in its original packaging, unopened and undamaged. Items returned by the Customer that are open, damaged or in poor condition will be refused under the right of withdrawal. The return will then be made within the framework of the "14 days satisfied or reimbursed" service. The customer shall bear the cost of returning the goods. The shipping costs are not eligible for reimbursement. Under common law, goods travel at the Client's risk. ERGOZONE BY MAKAGENCY recommends that the Client take all necessary insurance policies to cover these risks as well as all precautions to protect the product. The reimbursement of the Client will be made by crediting the bank account within a maximum period of 30 days following the date on which the right of withdrawal was exercised.
6a.3 In accordance with the provisions in force, ERGOZONE BY MAKAGENCY will not accept the return of consumables when they have been unsealed by the Client.
ARTICLE 6b - '14 DAY SATISFIED OR REFUNDED'service 6b.1 The Customer has a period of 14 days from the delivery of his order to return any item that does not suit him within the framework of the "14 days satisfied or reimbursed" service. In order to set up this return, the Client must contact ERGOZONE BY MAKAGENCY customer service via the contact form or directly by telephone..
6b.2 In order to optimise the conditions of the return of the product(s), it is recommended that the return be approved beforehand by our Customer Service who will transmit a return agreement to the Client. Approval may be refused in the event of non-compliance with the terms of the "14 days money back" service. The return can only be accepted if the product is in perfect condition, i.e. in its original packaging, undamaged and accompanied by all its accessories. Items returned by the Customer that are incomplete, damaged or in poor condition will be refused. If the product respects the above conditions, ERGOZONE BY MAKAGENCY may apply an unrestricted discount depending on the condition of the machine, the components and accessories sold with it, and the packaging following the customer's use. The customer is responsible for the return shipping costs. Shipping costs are not eligible for reimbursement. Under common law, goods travel at the Client's risk. MAKAGENCY recommends that the Client take all necessary insurance policies to cover these risks as well as all precautions to protect the product. The reimbursement of the Client will be made by crediting the bank account within a maximum period of 30 days following the date on which the right of withdrawal was exercised.
6b.3 In accordance with the provisions in force, ERGOZONE BY MAKAGENCY will not accept the return of consumables when they have been unsealed by the Client.
ARTICLE 7 - PAYMENT7.1 Orders are payable in cash on the day of the order for payments via bank card (CB, Mastercard, VISA). The banking information is entered on a secure server to ensure the security and confidentiality of the information provided during the banking transaction.
7. 2 The order will only be considered as accepted by ERGOZONE BY MAKAGENCY when the bank payment centres concerned have given their agreement and ERGOZONE BY MAKAGENCY has validated the order with regard to its risk acceptance criteria.
7.3 In order to limit fraud, ERGOZONE BY MAKAGENCY reserves the right to accept the sale by asking the Client to prove his/her identity and domicile. In this case, the processing of the order will take place upon receipt of these documents. ERGOZONE BY MAKAGENCY reserves the right to cancel the order in the event of failure to receive these documents or in the event of receipt of documents deemed to be non-compliant. The information is used exclusively for internal statistical purposes, in order to improve the quality of the services offered to you. The databases are protected by the provisions of the law of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases. 8.1 In the event that a problem arises with products purchased on the site www.makagency.io , the Customer is required to contact ERGOZONE BY MAKAGENCY via the contact form or directly by telephone.
8.2 All products on sale on the site www.makagency.io benefit from the legal guarantee of hidden defects on the products sold and of the defects of conformity of the goods to the contract under the conditions provided for in Articles L.211-1 of the Consumer Code and for redhibitory defects under the conditions set out in Articles 1641 to 1649 of the Civil Code.
Art. L.211-4 of the Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. "
Art. L.211-5 of the Consumer Code: "To be in conformity with the contract, the goods must: 1° Be fit for the use usually expected of similar goods and, where applicable : - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by him. "
Art. L.211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
Art. 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them. "
Art. 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. "8.3 Products under guarantee are indicated as such on the product sheet of the said product. Not all products on the www.makagency.io website are guaranteed by the manufacturer or distributor. Only the products indicated as guaranteed on the product sheet are guaranteed by the manufacturer or ERGOZONE BY MAKAGENCY. In the case where the warranty is provided by the manufacturer, the Client may contact the manufacturer directly, without going through ERGOZONE BY MAKAGENCY, which does not provide any contractual warranty for these products. ERGOZONE BY MAKAGENCY will, however, make its services available to the Client to assist him in his dealings with the manufacturer. ERGOZONE BY MAKAGENCY takes charge of the warranty for certain products, the different cases of warranty returns will be explained to the Client upon simple request by telephone. MAKAGENCY will refuse any return of goods outside of this framework.
8.4 The shipping costs generated by a return under warranty of the products are at the client's expense. The cost of returning the product to the customer is the responsibility of ERGOZONE BY MAKAGENCY or its suppliers. All texts, images, photographs, logos and textual or graphic creations reproduced and integrated on the www.ergozone.io website are protected under intellectual property and copyright law in particular. In accordance with the provisions of the intellectual property code, only use for private purposes is authorised. Any total or partial reproduction of the site www.ergozone.io is strictly prohibited.
ARTICLE 10 - LIABILITY10.1 The photographs present on the product sheets are not contractual. The Client must check the technical characteristics of the products before proceeding with the order.
10.2 ERGOZONE BY MAKAGENCY cannot be held responsible in the event of an obvious error between the characteristics of the product, its illustration and its conditions of sale.
10. 3 The total or partial impossibility to use products due to hardware incompatibility shall not give rise to any compensation or reimbursement or to any liability on the part of ERGOZONE BY MAKAGENCY.
10.4 Concerning the purchase of products for professional use on the Site www.ergozone.io, it is reminded that ERGOZONE BY MAKAGENCY shall not be held liable for any damage that may occur following the purchase of products for professional use. ERGOZONE BY MAKAGENCY cannot be held responsible for any operating loss suffered by a professional following the use of the products or a delay in delivery.
10.5 ERGOZONE BY MAKAGENCY cannot be held responsible in case of deterioration of material applied to products purchased on the site www. ergozone.io.
10.6 MAKAGENCY also disclaims any responsibility for the use or enjoyment of products purchased from www.makagency.io. Thus, MAKAGENCY shall not be held responsible in case of 3D prints whose use could be contrary to the law.