Preamble

The general terms and conditions of sale detailed below (hereinafter “the General Terms and Conditions”) exclusively govern the contractual relationship between the seller prodealo.com (hereinafter “the Seller”) and the buyer (hereinafter “the Buyer”).

The order of products presented on the prodealo.com website (hereinafter “the Site”) is subject to acceptance by the Buyer, and implies acceptance without reservation by the latter, of the full terms and conditions of sale set out below.

These general terms and conditions of sale are binding on the Buyer without regard to any special clauses added by the Buyer unless expressly agreed by the Seller and without regard to any advertising documents issued by MHK ECOM.

The Seller may update these terms and conditions from time to time. Any modification to these terms and conditions is applicable as soon as it is posted on the site, but cannot be applied to contracts concluded previously. The Buyer’s acceptance is evidenced by his electronic signature, embodied by the “click to accept the offer”, as well as by the communication of his bank details at the end of the payment process.

This electronic signature has the same value as a handwritten signature between the parties.

By doing so, the Buyer acknowledges that he/she has fully understood and agrees to all the terms and conditions set out below.

Under these conditions, MHK ECOM invites customers to carefully read the general conditions of sale below, before proceeding with any actual order of products appearing on the store.

Article 1. Purpose

The general conditions of sale contained in this document govern the contractual relationship between the company and its customer within the framework of a distance selling system. Both parties accept them without reservation. These conditions shall prevail over any other conditions. This contract is governed by French law.

Article 2: Seller identification

The site MHK ECOM is the property of the company MHK ECOM whose registered office is located at 90 RUE DE LA HAIE COQ BAT 243 LOT 108, 93300 AUBERVILLIERS France with a capital of 2200€ registered in Rohullah KAZI under the number 940451214

Customer service can be reached via the “Assistance” button on the site from Monday to Friday, 9am to 1pm and 2pm to 6pm.

For safety reasons, the company’s various sites are not open to the public.

Article 3: Ordering

• 3.1 Orders and payments can only be made using the means available on the site. Payment must be made at the time of ordering, either by credit card (Visa, MasterCard, American Express), bank transfer or cash.
• 3.2 In the event of payment by bank transfer, the order will only be processed upon receipt of the funds in the seller’s bank account. The Vendor’s bank details will be communicated to the Purchaser at the time the order is placed. Final validation of the order, reservation for the Buyer of the products ordered and delivery thereof are subject to receipt of the bank transfer. Any charges relating to the transfer, whatever their nature or origin, are entirely at the Buyer’s expense.
• 3.3 In the case of cash payment, the invoice amount must not exceed 1000€ and the order will only be processed on receipt of payment in our store.
• 3.4 Online payment is secure (SSL encryption) via the Banque Postale platform. Online payment by credit card triggers the reservation of products ordered by the Customer. In the event of transaction refusal by the payment centers, the Vendor reserves the right to suspend the corresponding orders. The Purchaser will be notified by e-mail and will be required to contact his bank or attempt to renew the payment.
• 3.5 It is the customer’s responsibility to check the conformity of his order before validating it. Once the order has been settled, no changes may be made (change of reference, addition of products, change of carrier, etc.).
• 3.6 No payment can be made at the Seller’s depot, nor can any material or order (including an order previously paid for online) be retrieved.
• 3.7 For security reasons, no orders or payments can be made via customer support or online by telephone.
• 3.8 Cut-offs are indicated at the time of carrier selection. They may vary according to the customer’s department and at any time of the year. Due to the unusually high number of parcels to be processed, cut-offs are not valid the day after public holidays.

Article 4: Delivery

• 4.1 Items are delivered to the Buyer’s head office or any other company premises. Delivery to a third party (dropshipping) is not permitted and may result in sanctions up to and including closure of the customer account. For security reasons, no change of delivery or billing address can be made once payment has been made.
• 4.2 Shipments are made in accordance with the commitments made by the Vendor at the time the order is validated. In the event of exceptional circumstances attributable to the carrier (problems with parcel collection, strikes, etc.), the Vendor cannot be held responsible for any delay in the dispatch of orders. The Vendor allows itself an additional period of 24 hours for the dispatch of export orders requiring administrative and customs formalities.
• 4.3 The flat rates indicated for shipping costs include packaging and postage. For export orders and if the volume of the parcel exceeds the maximum volume indicated at the time of placing the order, additional shipping costs may be invoiced a posteriori at the time of dispatch of the order. Under no circumstances may these charges exceed 80% of the actual charges invoiced by the carrier.
• 4.4 In the event that the Buyer is absent at the time of delivery of the product ordered, it is the Buyer’s responsibility to collect the delivery from the address indicated by the carrier and in accordance with the procedures specified by the carrier on the delivery notice left at the delivery address.
• 4.5 In the event of failure to collect the delivery within the time limit indicated on this notice, or in the event of refusal of delivery by the Buyer, the parcel will be returned to the Seller. The products will then be reimbursed via internal credit to the Buyer (with the exception of the initial delivery costs). A processing fee of €11.50 (excl. VAT) will also be deducted from the refund amount, to compensate for the return costs invoiced by the carrier.
• 4.6 The delivery time is conditioned by the Purchaser’s choice of delivery method at the time of order validation. The Vendor cannot be held responsible in the event of non-compliance with carrier commitments. In particular, failure to meet these deadlines shall not give rise to any cancellation of the order, any reduction in the price paid by the Buyer, or any payment by way of damages, provided that the customer receives delivery within thirty days of order confirmation.

Article 5: Delivery contingencies

• 5.1 In the event of an order being out of stock, the Vendor will inform the Buyer at the time of dispatch. If the out-of-stock condition affects the entire order, the order will be cancelled and the Buyer will receive a full refund; otherwise, the out-of-stock product will be refunded to the customer in the form of internal credits, which can be used for a future order. A credit note will also be issued and sent to the customer by e-mail.
• 5.2 The Buyer is obliged to completely refuse delivery of a parcel which has been visibly damaged in transit or whose weight is abnormally low in relation to the order. If, despite the external damage, the Buyer accepts the parcel, he/she waives the right to claim reimbursement for parts damaged in transit or missing.
• 5.3 The contents of each parcel must be inspected in the presence of the delivery person before the parcel is accepted. If, despite this, the Buyer encounters a problem (a problem with the reference or a missing part), he/she is required to report it within 24 hours from the date of receipt of the parcel by email to the customer service department. All reports of non-conformity will be investigated internally via video-surveillance. The Vendor reserves the right to close a customer’s account in the event of an abusive or misleading report concerning the contents of a parcel.
• 5.4 The Buyer may only claim total or partial reimbursement of delivery costs if the delay exceeds 48 working hours and only if this involves a fault on the part of the carrier. Exceptional climatic events, strikes affecting the carrier and delivery problems involving the customer (unidentified address, absence on delivery, etc.) are not considered to be faults attributable to the carrier. If the conditions for reimbursement are met, the Buyer simply needs to make a request by e-mail to the Vendor’s support department, once the package has been delivered.
• 5.5 In cases of obvious fraud (parcels handed over to an unauthorized person, total or partial theft of goods, etc.), the customer undertakes to provide all the documents requested by the carrier’s insurance company before full compensation can be paid. These documents may range from an affidavit to a complaint, depending on the severity and amount of the loss. The customer may also be contacted if a complaint is filed by the carrier.
• 5.6 All carriers offered by MHK ECOMs are committed to a quality rate of over 94%. This rate includes both the day of delivery (“24h” or “48h” delivery) and the time of delivery. It is regularly checked by our teams to ensure compliance.

Article 6: Warranty and returns

• 6.1 The products offered by MHK ECOM may be covered by a manufacturer’s warranty. This is indicated on all product sheets and on the sales invoice. This warranty does not cover problems related to product use or assembly.
• 6.2 In accordance with the manufacturers’ general terms and conditions, all original parts cannot be taken back under warranty if they have been installed or glued on the device. The Buyer’s decision to repair a device from one of these manufacturers implies full acceptance of this condition.
• 6.3 The detailed conditions of acceptance and the return procedure are detailed on the “Warranty and After-Sales Service” page. The Vendor accepts no responsibility for returns which do not comply with the appropriate procedure.
• 6.4 If he so wishes, the Buyer may request the return of parts not taken back under warranty, at his own expense and at the time of issuing his return form. Unless expressly requested, non-returned goods will be destroyed, in which case the purchaser will not resell or return them to the supplier.
• 6.5. The Seller is in no way responsible for the return of defective goods. The Buyer is responsible for any damage to or loss of returned merchandise. It is therefore the Buyer’s responsibility to check the conditions of return (choice of carrier, tracking and insurance).
• 6.6. Return shipping costs are at the customer’s expense, whatever the origin of the problem.

Article 7: Prices

• 7.1 Prices displayed on the site are subject to change without notice by the Vendor. Net prices are expressed in Euros and exclude taxes and delivery charges.
• 7.2 Once an order has been regularly transmitted, prices are not subject to change, even in the event of a price reduction shortly after payment of the order.
• 7.3 Any taxes, fees, EEE waste disposal costs or other duties payable in France are invoiced in accordance with the regulations in force and are included in the price presented when the order is placed.
• 7.4 In the case of orders to be delivered outside France, the Buyer must inform himself of any customs duties or any other duties or taxes payable in the country of delivery of the products. The purchaser is responsible for the full payment of these duties and taxes related to the customs clearance of his order.
• 7.5 Discounts are applied in accordance with the loyalty program, details of which are given on the dedicated page. The grouping of volumes between independent customers in order to benefit from a higher category is not authorized unless they belong to the same entity/person or are part of a common franchise. Supporting documents must be provided.

Article 8: Disputes

• 8.1 The total and cumulative liability of the Seller, whatever the cause, is limited to the amount paid by the Buyer for the order concerned.
• 8.2 Under no circumstances shall the Seller be entitled to compensation for indirect and/or immaterial or moral damages, in particular financial or commercial damages such as loss of profit, loss of orders, operating loss, loss of data, loss of earnings, damage to image, interruption of service, as well as damages of the same nature resulting from a claim against the Seller due to damages suffered by a third party.
• 8.3 In the case of a defective part, the Vendor’s liability is limited to the amount of the defective part, even if its installation has caused collateral damage to the device.

Article 9: Retention of title

• 9.1 The Vendor retains ownership of the goods sold until full payment of the price in principal and accessories has been received. The Buyer is therefore prohibited, in the event of incomplete payment, from disposing of the products for resale or processing.
• 9.2 The Buyer undertakes to inform the Seller immediately of any difficulties that may lead to its default, or of any seizures of products by third parties. These provisions do not preclude the transfer to the Buyer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as any damage they may cause.
• 9.3 In the event of non-payment, even partial, the Vendor shall be entitled to demand the immediate return of the equipment delivered. All costs arising from such return shall be borne by the Buyer. It is expressly agreed between the parties that in this case any deposit paid will be retained by the company as damages.

Article 10: Customer account management

• 10.1 The MHK ECOM website is for the exclusive use of professionals in the repair and sale of telephony, IT and multimedia products. The Seller reserves the right to refuse the registration of any customer who does not respect this point or who does not communicate the documents allowing to justify his professional activity.
• 10.2 The site is strictly forbidden to private individuals or professionals engaged in activities other than those detailed above.
• 10.3 Customers undertake to inform the Seller within 10 days of any change relating to their activity (change of NAF code, suspension of activity, etc.).
• 10.4 The Vendor reserves the right to delete the account of any customer who threatens, insults or makes vulgar or degrading remarks about the company or one of its employees. This action does not require prior notice. No re-registration will be accepted following this type of suspension.
• 10.5 The Seller reserves the right to suspend an account that is more than 48 hours in arrears until the situation has been rectified.
• 10.6 The Seller reserves the right to suspend an inactive account. An account is considered inactive if no order has been placed on it for a period of 90 days. This action does not require prior notice. The Seller reserves the right to refuse the re-registration of a customer whose account has been suspended due to inactivity.

Article 11 – Jurisdiction clause

• 11.1 All disputes relating to the formation, performance and termination of contractual obligations between the parties which cannot be settled amicably shall be submitted to the jurisdiction of the Commercial Court of Nice in whose jurisdiction the Seller’s registered office is located, irrespective of the conditions of sale, the place of order or delivery, and the accepted method of payment (even in the event of a warranty claim or plurality of defendants), the Seller nevertheless reserving the right to bring the matter before the Court having territorial jurisdiction over the Customer’s registered office.The attribution of jurisdiction is general and applies whether the claim is a principal claim, an incidental claim, an action on the merits or a summary proceeding.
• 11.2 In addition, in the event of legal action or any other action for recovery of debts by the Seller, the costs of summons, court costs, as well as lawyer’s and bailiff’s fees, and all ancillary costs will be borne by the Customer at fault, as well as any costs related to or arising from the Buyer’s failure to comply with the terms of payment or delivery of the order in question.
• 11.3 This contract is governed by French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.
• 11.4 The Vendor’s failure to invoke any of the clauses herein at a given time shall not constitute a waiver of its right to invoke the same clauses at a later time.

Article 12: Confidentiality

• 12.1 The seller does not record any personal information allowing identification, with the exception of forms that the user is free to fill in when opening an account or placing an order.
• 12.2 The Vendor reserves the right to contact any person or company who has voluntarily given his or her contact details regarding information, promotions or operations on the site, in particular when placing an order.

Article 13: Force majeure

• 13.1 In addition to the elements usually retained by French jurisprudence, the Vendor’s obligations will be automatically suspended in the event of force majeure or the occurrence of events beyond his control or beyond his control, preventing the normal performance of the contract (fire, storm, flood, strikes or industrial action, internal computer breakdown, suspension of connection, etc.).
• 13.2 The Seller, noting the event, shall as soon as possible inform the other party of the impossibility of performing the service. The suspension of obligations shall under no circumstances give rise to liability for non-performance of obligations, nor lead to the payment of damages or late penalties.
• 13.3 As soon as the cause of the suspension of obligations has disappeared, the Vendor will inform the Buyer of the resumption of his obligation. If the suspension of service lasts less than 48 hours, the Buyer will not be able to request a refund of his order, which will be shipped normally.Should this cause persist beyond 48 hours, the sales contract between the parties will become null and void, and any deposit paid will be reimbursed.

Article 14: Protection

• 14.1 The characteristics of the products offered for sale are presented on the website. Photographs are contractually binding only with respect to the essential characteristics of the products.
• 14.2 All texts and images presented on the site are reserved and protected worldwide by copyright and intellectual property rights. Their reproduction, even partial, is strictly forbidden without the company’s formal agreement. Similarly, the creation of hypertext links to the site without the express authorization of the company’s legal representative is strictly forbidden.
• 14.3 The design of the site is the property of the seller. Any partial or total reproduction is strictly forbidden.