CGV / CGU
TERMS OF SALES
This website is operated by the company MAKK registered under the SIREN number: 897 936 985 and whose head office is located at 5 rue de la couarte 40130 CAPBRETON - FRANCE. On this site, the terms “we”, “us” and “our” or “the seller” refer to MAKK.
Article 1 - Completeness These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the website https://makkdesign.com/policies/terms-of-service and will prevail, where applicable, over any other version or any other contradictory document. The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
Article 2 - Content The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.makkdesign.com. These conditions concern the purchases of all products available on www.makkdesign.com The buyer declares to have read these general conditions of sale and to have accepted them before their immediate purchase or the placing of their order. In this regard, they are enforceable against him in accordance with the terms of article 1119 of the civil code.
Article 3 - Pre-contractual information 3.1 The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in Article L. 221-5 of the Consumer Code. 3.2 The following information is transmitted to the buyer in a clear and understandable manner: - the essential characteristics of the good or service; - the price of the good or service; - all additional transport, delivery or postage costs and all other possible costs; - in the absence of immediate execution of the contract, the date or deadline by which the service provider undertakes to deliver the goods or perform the service, whatever its price; 3.3 The seller communicates to the buyer the following information: - his name or company name, the geographical address of his establishment and, if different, that of the head office, his telephone number and his email address; - the terms of payment, delivery and execution of the contract, as well as the terms provided by the professional for the processing of complaints; - in the event of sale, the existence and terms of exercise of the legal guarantee of conformity provided for in articles L. 217-1 et seq. of the Consumer Code, of the guarantee against hidden defects provided for in articles 1641 et seq. of the civil code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in articles L. 217-15 and L. 217-17 of the consumer code; 3.4 The seller indicates, with regard to the digital content: - any relevant interoperability of this content with certain hardware or software of which the professional is or should reasonably be aware.
Article 4 - The order The buyer has the possibility of placing his order online, from the online catalog and using the form which appears there, for any product, within the limits of available stocks. If an ordered product is unavailable, the buyer will be informed by email. For the order to be validated, the buyer must choose the address and delivery method, and finally validate the payment method. The sale will be considered final: - after sending the buyer confirmation of acceptance of the order by the seller by email; - and after collection by the seller of the entire price. Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. The cancellation of the order for this Product and its possible refund will then be made, the rest of the order remaining firm and final. For any questions relating to the tracking of an order, the buyer receives an email containing a link to the tracking information, but can also contact: contact@makkdesign.com. An invoice is available for download in the order acceptance confirmation email, otherwise you can also contact contact@makkdesign.com.
Article 5 - Electronic signature The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement: - payment of the sums due under the order form, - signature and express acceptance of all operations carried out. In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact customer service at contact@makkdesign.com
Article 6 - Order confirmation The seller provides the buyer with a copy of the order form by email, confirming the express commitment of the parties.
Article 7 - Proof of the transaction Computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Product information The products governed by these general conditions are those which appear on the Madame Audrey Mamatui website, MakkDesign.com and which are indicated as sold and shipped by Madame Audrey Mamatui. They are offered while stocks last. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. The photographs of the products are not contractual.
Article 9 - Price The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. Prices are exclusive of tax and do not take into account applicable VAT. Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or deposits. If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.
Article 10 - Method of payment This is an order with payment obligation, which means that placing the order involves payment by the buyer. To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. . The seller has put in place an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge. As part of this verification, the buyer may be asked to send a copy of an identity document and proof of address to the seller by fax. The order will then only be validated after receipt and verification by the seller of the parts sent. Payment of the price is made in cash when ordering.
Article 11 - Availability of products - Reimbursement - Resolution Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limit available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email. Shipments are made within 15 working days from the date the order is placed. The delivery time is 2 to 3 working days in France from dispatch. They are 1 to 5 working days for the rest of the world. In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before resolving the contract, instruct the seller to perform it within a reasonable additional period. In the absence of execution at the expiration of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium to Société MAKK, 5 rue de la couarte, 40130 Capbreton, France. The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has complied in the meantime. The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated. In accordance with article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased: In the event of unavailability of the product ordered, the The buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of payment at the latest, or an exchange of the product.
Article 12 - Delivery terms Delivery means the transfer to the consumer of physical possession or control of the good. It is only made after confirmation of payment by the seller's banking organization. The products ordered are delivered according to the following methods:
Colissimo France shipping: €6.90
Shipping Parcel DHL European Union (excluding Switzerland) less than 2kg in volumetric weight (Calculation: Lxlxh / 5000) €16.90
Shipping DHL European Union Parcel greater than 2kg in volumetric weight: €16.90
DHL Parcel Shipping Outside the EU (Canada/USA/Japan/Switzerland) less than 2kg in volumetric weight: €20.90
DHL Parcel Shipping Outside the EU (Canada/USA/Japan/Switzerland) greater than 2kg in volumetric weight: €26.90
DHL Parcel shipping rest of the world: €29
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address by making a request by email to contact@makkdesign.com
If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected at the location and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the instructions. legal of the site. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors The buyer must make to the seller on the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected. The complaint can be made by email to contact@makkdesign.com. Any claim not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the buyer. Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommended, to the following address: MAKK Company, 5 rue de la couarte 40130 Capbreton, FRANCE Return costs are the responsibility of the seller.
Article 14 - Transfer of risks Ownership of the item sold is transferred to the buyer from the moment the parties agree on the item and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the buyer's expense, upon acceptance of the order form by the seller. Delivery is deemed to have been made upon delivery of the products ordered by the seller to the carrier. Under these conditions, the buyer therefore has no warranty recourse against the seller in the event of failure to deliver the goods transported.
Article 15 Legal guarantee of conformity and legal guarantee of hidden defects Company MAKK 5 rue de la couarte, 40130 Capbreton, FRANCE, is guarantor of the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the thing sold within the meaning of articles 1641 et seq. of the Civil Code.
Article 16 - Right of withdrawal In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of their order, to return any item that does not suit them and request the exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer. The products must, however, be returned in their original packaging and in perfect condition within 14 days following notification to the seller of the buyer's decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the order form or at least with a number in order to be able to identify the buyer. . Damaged, soiled or incomplete products will not be returned. The right of withdrawal can be exercised by email to contact@makkdesign.com. It must be unambiguous and express the desire to retract. If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be refunded and the delivery costs will be refunded. Return costs are the responsibility of the buyer. Exchange is not accepted.
Article 17 - Force majeure Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
Article 18 - Intellectual property The content of the website (technical documents, drawings, photographs, etc.) remains the property of Madame Audrey Mamatui, the sole owner of the intellectual property rights to this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 19 - Information Technology and Freedoms The personal data provided by the buyer are necessary to process their order and prepare invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated via the website www.makkdesign.com will be subject to a declaration to the CNIL. The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on https://makkdesign.com/policies/privacy-policy
Article 20 - Partial non-validation If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 21 - Non-waiver The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 22 - Title In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 23 - Language of the contract These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 24 - Mediation The buyer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in case of dispute.
Article 25 - Applicable law These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.
TERMS OF SERVICE
OVERVIEW This website is operated by the company MAKK, registered in the trade and companies register (RCS) and in the trade directory, registered under number 897 936 985 and whose head office is located at 5 rue de la couarte 40130 CAPBRETON - FRANCE. Throughout the site, the terms “we”, “us” and “our” refer to Madame Audrey Mamatui. Madame Audrey Mamatui offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting this site and/or purchasing one of our products, you engage in our “Service” and agree to be bound by the following terms (“General Conditions of Sale”, “General Conditions of Sale and Use” , “Terms”), including those additional terms, conditions, and policies referenced herein and/or accessible by hyperlink. These General Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors. Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use any services offered here. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use. All new features and all new tools that will be added subsequently to this store will also be subject to these General Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Conditions of Sale and Use by publishing updates and/or modifications on our website. It is your responsibility to check this page periodically to see if any changes have been made. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE By accepting these General Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given your consent to allow any minor in your care to use this website. The use of our products for any illegal or unauthorized purpose is prohibited nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to the laws relating to copyright). You must not transmit any worms, viruses or any other code of a destructive nature. Any infringement or violation of these General Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS We reserve the right to refuse access to the services to any person at any time, for any reason whatsoever. You understand that your content (not including your credit card information), may be transferred unencrypted, including (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without permission. express written notice on our part. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for general information purposes only and should not be your sole source of information for making decisions without first consulting more accurate, more complete and timely sources of information. If you decide to rely on the content presented on this site, you do so at your own risk. This site may contain some previous information. This prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES The prices of our products may be changed without notice. We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice at any time. We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable) Certain products or services may be exclusively available online on our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy. We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but have no obligation, to limit the sales of our products or services to any person in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to stop offering a product at any time. Any offer for any service or product made on this site is void where prohibited by law. We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time. the order has been placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be from merchants, resellers or distributors. You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For further details, please see our Returns Policy.
ARTICLE 7 – OPTIONAL TOOLS We may provide you with access to third-party tools over which we have no monitoring, control or influence. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or relating to the use of these optional third-party tools. If you use optional tools offered through the Site, you do so at your own risk and discretion, and you should review the terms on which such tools are offered by the applicable third-party provider(s). We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and new services will also be subject to these General Conditions of Sale and Use.
SECTION 8 – THIRD-PARTY LINKS Certain content, products and services available through our Service may include elements from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant or assume any liability for any content, websites, products, services or other materials accessible on or from these third party sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any such third-party websites. Please review the third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third parties' products should be referred to the same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER USER PROPOSALS If, at our request, you submit specific content (for example, to participate in competitions), or if without request from us, you send creative ideas, suggestions , proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Feedback"), you grant us the right, at any time, and without limitation, to to edit, copy, publish, distribute, translate and otherwise use in any media any comments you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes. any intellectual property or these General Conditions of Sale and Use. You agree to write comments that do not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain any unlawful, defamatory, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service. or any other associated website. You may not use a false e-mail address, pretend to be someone you are not, or otherwise mislead us and/or third-parties as to the origin of any comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posts.
ARTICLE 10 – PERSONAL INFORMATION The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate. , at any time and without notice (including after you have placed your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date in the Service or on any related website, should be taken into account in concluding that information in the Service or on any related website has been modified or updated.
ARTICLE 12 – PROHIBITED USES In addition to the prohibitions set out in the General Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to incite others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will compromise the functionality or operation of the Service or of any related website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort, crawl, crawl or scan the web (or any other resource); (j) for lewd or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY We do not guarantee or represent in any way that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that any results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or quality, fitness for a particular purpose, durability, title and non-infringement. In no event shall MAKK, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, or consequential damages. incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, revenue, savings, data, replacement costs or similar damages, whether whether in contract, tort (even in the case of negligence), strict liability or otherwise, arising from your use of any service or product from this Service, or as to any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION You agree to indemnify, defend and protect MAKK, our parent company, our subsidiaries, affiliates, partners, managers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, as to any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your violation of these General Conditions of Sale and Use or the documents to which they make reference, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY In the event that a provision of these General Conditions of Sale and Use is deemed to be illegal, void or inapplicable, this provision may nevertheless be applied to the full extent permitted by law, and the non-applicable part must be considered as being dissociated from these General Conditions of Sale and Use, this dissociation must not affect the validity and applicability of all other remaining provisions.
ARTICLE 16 – TERMINATION The obligations and responsibilities incurred by the parties before the termination date will remain in force after the termination of this agreement for all purposes. These General Conditions of Sale and Use are effective unless and until they are terminated by either you or not. You may terminate these General Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If we judge, in our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we may also terminate this agreement at any time without notice to you. in advance and you will remain liable for all amounts owed up to and including the termination date, and/or we may deny you access to our Services (or any part thereof). ).
ARTICLE 17 – ENTIRE AGREEMENT Any failure on our part to exercise or apply any right or any provision of these General Conditions of Sale and Use should not constitute a waiver of this right or of this provision. These General Conditions of Sale and Use or any other policy or operating rules that we publish on this site or in respect to the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all communications, proposals and all prior and contemporaneous agreements, oral or written, between you and us (including, but not limited to, any prior version of the General Conditions of Sale and Use). Any ambiguity regarding the interpretation of these General Conditions of Sale and Use must not be interpreted to the disadvantage of the drafting party.
ARTICLE 18 – APPLICABLE LAW These General Conditions of Sale and Use, as well as any other separate agreement through which we provide you Services will be governed and interpreted under the laws in force in Paris, France.
ARTICLE 19 – CHANGES TO THE GENERAL CONDITIONS OF SALE AND USE You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these General Conditions of Sale and Use by publishing updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after the publication of any modifications to these General Conditions of Sale and Use constitutes acceptance of these modifications.
ARTICLE 20 – CONTACT INFORMATION Questions regarding the General Conditions of Sale and Use should be sent to us at contact@makkdesign.com