Article 1 : Purpose
These terms and conditions define the contractual relationship between The Malagasy Grocery and the customer, as well as the terms and conditions applicable to any purchase made on the site, whether the customer is professional or private. We reserve the right to change the terms of sale at any time.
The purchase of a Product implies the unreserved acceptance by the Customer of the present conditions of sale.
These terms and conditions shall prevail over any other terms and conditions not expressly approved by The Malagasy Grocery. The applicable conditions are those in force on the Customer’s order date.
Article 2 : Extreme circumstances
The obligations stipulated in these General Terms and Conditions of Sale will be suspended in the event of an event of extreme circumstances as defined by the jurisprudence of the French courts.
Article 3: Characteristics of Products
The Product is that which is presented on the page of the site and which contains the button of purchase.
The product images present on the site are the photos of the product itself.
Article 4 : Rates
The price on the sales page is in Euros, all taxes included.
All orders are payable in euros.
We reserve the right to change the price at any time. The price shown on the sales page on the day of the order is the only one applicable to the Customer.
The shipping costs of customers located outside metropolitan France will be higher than customers in metropolitan France.
Article 5: Terms of Payment
Payment is due upon order.
The Customer’s account will be debited immediately.
Failure to pay shall result in the suspension or termination of the order.
The payment can also be made via Paypal which uses the SSL (Secure Socket Layer) protocol so that the transmitted information is encrypted by a software and that no third party can become aware of it during transport on the Internet network.
The Customer is not required to have a PayPal.com account to pay for the order. On the PayPal.com payment page, there is an option dedicated to non holders of a PayPal.com account that the Customer can use.
Payment can be made by credit card. It will then be secured by STRIPE, which uses the SSL (Secure Socket Layer) protocol so that the transmitted information is encrypted by a software and that no third party can become aware of it during transport
As The Malagasy Grocery is not responsible for paypal.com or stripe.com, we cannot be held responsible for the consequences of misuse of these sites, nor for the inaccessibility of this site if the eventuality should arise.
Article 6: Delivery area
The Malagasy Grocery delivers in Metropolitan France, Belgium and Germany.
Article 7: Order
The Customer acknowledges having verified the adequacy of the Product to its needs and having received all the information from us, which is necessary for it to subscribe to this commitment with full knowledge of the facts.
The Customer declares to have the legal capacity or to be the holder of a parental authorization allowing him to make an order on the site and declares that the bank account associated with the payment card or PayPal.com account that it uses at the time of payment is its own or that it has the legitimate authorization of its owner to use it.
The confirmation of the order will be the signature and acceptance of payment.
Article 8: Delivery
Unless prior agreement is reached before the order is validated with The Malagasy Grocery, our products are delivered by post only.
The delivery times indicated are the most common and are indicative, we commit to a delivery between 3 and 7 days excluding weekends and holidays except in case of extreme circumstances. The Malagasy Grocery cannot be held responsible for the vagaries of La Poste.
Shipping times in Germany and Belgium are from 3 to 7 days.
Article 9: Order confirmation
Our e-commerce system will send an email to the customer to confirm the order.
Article 10: Refund and withdrawal
Any refund request will be made by post or electronically to The Malagasy Grocery. The Customer shall have a period of 14 days from the date of delivery to exercise his right of withdrawal.
By making a refund request, the customer commits to honoring not to use the product and to ship it back at his expense. Si un des produits n’est pas rendu en l’état, le remboursement dudit produit ne s’effectuera pas.
In the event of a request, we undertake to refund the Customer within ten business days from the date of receipt of such request. Unless expressly agreed by both parties, the refund will be made via the paypal website or by bank transfer.
The withdrawal form, to be sent by post or e-mail, is available by clicking here.
Article 11: Our commitments
We are committed to providing you with a quality product and service.
The Malagasy Grocery is committed to ensuring as far as possible the material protection of your personal data as well as their confidentiality.
Article 12: Liability
The customer must check with the local authorities of his country of residence the possibilities of use of the product that he intends to order on the Site. We cannot be held liable in case of non-compliance with the legislation of the country of delivery.
We shall not be liable for failure to deliver the Product if the Customer’s address provided on the payment site is invalid or invalid, or if the Customer’s mailbox is inaccessible or non-functional.
Article 14: Intellectual Property
No one is authorized to reproduce, exploit, rebroadcast, or use for any reason whatsoever, and by any means whatsoever, in whole or in part, elements of the site, whether visual or editorial.
All elements of the site themalagasygrocery.com; products, appendices, recipes, photos, logo and slogan are and remain the intellectual and exclusive property of Chan Ling Linda.
Article 15: Personal data
We do not collect any personal data without your knowledge. No personal information is transferred to third parties. However, we collect data related to your browsing, in order to obtain precise statistics related to the use of this service. This data includes your IP address, your internet service provider, the browser used, or the time of your visits. We use a cookie system to store your browsing options.
The information recorded will not be transferred without the prior agreement of the Customer.
In accordance with Article 34 of the Data Protection Act, we guarantee the Customer a right of opposition, access, rectification and deletion of personal data concerning him.
The Customer may exercise this right by post or electronically by indicating his first name, last name and e-mail address.
Article 16: Archiving and Proof
In accordance with the provisions of Article 1348 of the Civil Code, we undertake to archive transaction data on a reliable and durable medium.
Our computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 17: Dispute Resolution and Unwritten Clause
These online sales conditions are subject to French law regardless of the place of use or acquisition.
If any of the terms of this Agreement are found to be void, such clause shall be deemed to be unwritten but shall not result in the invalidity of the remainder of the General Terms of Sale, which shall therefore remain fully valid.