Please read our conditions carefully.
Article 1 – Legal notice
Mad Kamel SASU with a capital of 2 000 € whose head office is located : 27 avenue du Savoy – 74400 Chamonix Mont-Blanc – FRANCE, Registered in the RCS of Annecy 881 754 261
The site https://madkamel.com is published and operated by the company Mad Kamel, a simplified joint stock company with a single shareholder represented by Francois Chamoreau in his capacity as president.
Company with a capital of 2.000 € registered at the RCS of Annecy under the number 881 754 261, whose head office is located 27 avenue du Savoy – 74400 Chamonix Mont-Blanc – France
Phone : +33 (0)7 57 82 92 00
E-mail : email@example.com
Intracommunity VAT number : FR 02820242311
The site www.madkamel.com is hosted by
1&1 Internet SARL 1&1
7, place de la Gare
57200 Sarreguemines Cedex
Tel: +33 (0)970 808 911
Website : www.ionos.fr/
Article 2 – Access to the site
Access to the site and its use are reserved for strictly personal use. You agree not to use this site and the information or data contained therein for commercial, political, advertising purposes and for any form of commercial solicitation and in particular the sending of unsolicited emails.
Article 3 – Site content
All trademarks, photographs, texts, comments, illustrations, images animated or not, video sequences, sounds, as well as all computer applications that could be used to operate this site and more generally all elements reproduced or used on the site are protected by the laws in force under intellectual property.
They are the full and complete property of the editor or his partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, are strictly prohibited. The fact that the publisher does not initiate proceedings as soon as he becomes aware of these unauthorized uses does not imply acceptance of the said uses and waiver of proceedings.
Article 4 – Management of the site
For the proper management of the site, the publisher may at any time:
Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet users ;
Delete any information that could disrupt the operation of the site or that contravenes national or international laws;
To suspend the site in order to proceed with updates.
Article 5 – Responsibilities
The responsibility of the publisher can not be engaged in case of failure, breakdown, difficulty or interruption of operation, preventing access to the site or any of its features.
The material of connection to the site that you use is under your entire responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are also solely responsible for the sites and data you consult.
The editor cannot be held responsible in case of legal proceedings against you:
Because of the use of the site or any service accessible via the Internet;
Due to your failure to comply with these terms and conditions.
The publisher is not responsible for any damage caused to you, to third parties and/or to your equipment as a result of your connection to or use of the site, and you waive any action against it as a result.
If the publisher is subject to legal proceedings as a result of your use of the site, he may take action against you to obtain compensation for all damages, sums, sentences and costs that may result from these proceedings.
Article 6 – Hypertext links
The establishment by users of any hypertext links to all or part of the site is authorized by the publisher. Any link will have to be withdrawn on simple request of the editor.
Any information accessible via a link to other sites is not published by the publisher. The publisher has no right to the content of the linked site.
Article 7 – Data collection and protection
In general, you are not required to communicate your personal data to us when you visit our website www.madkamel.com. However, this principle has certain exceptions. Indeed, for certain services offered by our site, you may be required to provide us with certain personal data* such as:
- First and last name
- Email address
- Phone number
- Date of birth
Financial data: as part of the payment of products and services offered on the Platform, the Platform records financial data relating to the user’s credit card.
We may also automatically collect certain information about you when you simply browse our website, including: information about the use of our site, such as the areas you visit and the services you access, your IP address, your browser type, your access times. Such 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 July 1, 1998 transposing the directive 96/9 of March 11, 1996 on the legal protection of databases
*Personal data means any information relating to an identified or identifiable natural person (data subject); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number or one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
The personal information which can be collected on the site is mainly used by the editor for the management of the relations with you, and if necessary for the treatment of your orders.
Article 8 – Right of access, rectification and dereferencing of your data
In accordance with the regulations applicable to personal data, users have the following rights:
The right of access: they can exercise their right of access, to know the personal data concerning them, by writing to the email address mentioned below. In this case, before implementing this right, the platform may request proof of the user’s identity in order to verify its accuracy;
The right of rectification: if the personal data held by the Platform are inaccurate, they may request the update of the information ;
The right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws;
The right to limitation of processing: users may request the platform to limit the processing of personal data in accordance with the assumptions set forth in the GDPR ;
The right to object to the processing of data: users may object to their data being processed in accordance with the assumptions provided for by the GDPR;
The right to portability: they can claim that the platform gives them the personal data they have provided in order to transmit it to a new platform.
You can exercise this right by contacting us, in writing at the following address:
27 avenue du Savoy 74400 Chamonix Mont-Blanc – France
Or by email, at the address: firstname.lastname@example.org
All requests must be accompanied by a photocopy of a valid, signed identity document and must indicate the address at which the publisher may contact the applicant. A reply will be sent within one month of receipt of the request. This one-month period may be extended by two months if the complexity of the request and/or the number of requests so requires.
In addition, and since the law n°2016-1321 of October 7, 2016, people who so wish, have the possibility to organize the fate of their data after their death. For more information on the subject, you can consult the CNIL website: https://www.cnil.fr/.
Users may also file a complaint with the CNIL on the CNIL website: https://www.cnil.fr.
We recommend that you contact us first before filing a complaint with the CNIL, as we are at your disposal to solve your problem.
Article 9 – Use of data
The personal data collected from users are intended to provide the platform services, their improvement and the maintenance of a secure environment. The legal basis for processing is the execution of the contract between the user and the platform. More specifically, the uses are as follows:
Access and use of the platform by the user;
Management of the operation and optimization of the Platform;
Implementation of user support;
Verification, identification and authentication of the data transmitted by the user;
Personalization of services by displaying advertisements according to the user’s browsing history and preferences;
Prevention and detection of fraud, malicious software and management of security incidents;
Management of possible disputes with users;
Sending commercial and advertising information, according to the user’s preferences;
Organization of the conditions of use of the Payment Services.
Article 10 – Data retention policy
The Platform retains your data for as long as is necessary to provide its services or support to you.
To the extent reasonably necessary or required to satisfy legal or regulatory obligations, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also retain some of your information as necessary, even after you have closed your account or we no longer need it to provide our services to you.
Article 11- Sharing Personal Data with Third Parties
Personal data may be shared with third party companies exclusively in the European Union, in the following cases:
When the user uses the payment services, for the implementation of these services, the platform is in relation with third party banking and financial companies with which it has contracted;
When the user publishes, in the free comment areas of the platform, information accessible to the public;
When the user authorizes a third party’s website to access his/her data;
When the platform uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on personal data protection;
If required by law, the platform may carry out the transmission of data to follow up on claims made against the platform and to comply with administrative and judicial procedures.
Article 12 – Commercial offers
You are likely to receive commercial offers from the publisher. If you do not wish to, please inform us by email at: email@example.com
Your data may be used by the publisher’s partners for commercial prospecting purposes. If you do not wish this, please inform us by email at: firstname.lastname@example.org
If, when consulting the site, you access personal data, you must refrain from any collection, any unauthorized use and any act that may constitute an infringement of privacy or reputation of persons. The publisher declines all responsibility in this respect.
The data are kept and used for a period in accordance with the legislation in force.
Article 13 – Cookies
What is a “cookie”?
A “Cookie” or tracer is an electronic file deposited on a terminal (computer, tablet, smartphone,…) and read, for example, when consulting a website, reading an email, installing or using a software or a mobile application and this, regardless of the type of terminal used (source: https://www.cnil.fr/fr/cookies-traceurs-que-dit-la-loi). When browsing this site, “cookies” from the company responsible for the site concerned and/or third-party companies may be deposited on your terminal. The first time you browse this site, a banner explaining the use of “cookies” will appear. From then on, by continuing to browse, the client and/or prospect will be deemed to have been informed and to have accepted the use of said “cookies”. The consent given will be valid for a period of thirteen (13) months. The user has the possibility to deactivate the cookies from the settings of his browser.
All information collected will be used only to track the volume, type and pattern of traffic using this site, to develop the design and layout of the site and for other administrative and planning purposes and generally to improve the service we offer you.
The following cookies are present on this site:
- Google cookies:
- Google analytics: allows to measure the audience of the site;
- Google tag manager: facilitates the implementation of tags on pages and allows to manage Google tags;
- Google Adsense: Google’s advertising network using websites or YouTube videos as a medium for its ads;
- Google Dynamic Remarketing: allows you to offer dynamic advertising based on previous searches;
- Google Adwords Conversion: adwords advertising campaign tracking tool;
- DoubleClick: advertising cookies from Google to deliver banners;
- Facebook cookies:
- Facebook connect: allows you to identify yourself using your Facebook account;
- Facebook social plugins: allows you to like, share, comment on content with a Facebook account;
- Facebook Custom Audience : allows to interact with the audience on Facebook.
- Instagram Cookies:
- Twitter cookies:
- Twitter button: allows you to easily share and display Twitter content;
- Twitter advertising: allows you to display and target ads through Twitter’s ad network.
The lifetime of these cookies is thirteen months.
For more information on the use, management and deletion of “cookies”, for any type of browser, we invite you to consult the following link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.
Article 14 – Photographs and representation of products
The photographs of products, accompanying their description, are not contractual and do not bind the publisher.
Article 15 – Applicable law
Article 16 – Contact us
For any question, information on the products presented on the site, or concerning the site itself, you can leave a message at the following address: email@example.com
Terms of Sale
The present general conditions of sale apply to all sales concluded on the website .
The website is a service of :
located at 27 avenue du Savoy, 74400 Chamonix Mont-Blanc – France
website address : www.madkamel.com
e-mail : firstname.lastname@example.org
phone number : +33 (0)7 57 82 92 00
The website sells the following products Sunglasses
The customer declares to have taken knowledge and to have accepted the general conditions of sale before the placing of his order. The validation of the order is thus worth acceptance of the general conditions of sale.
Article 1 – Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The present general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or by means of other distribution and marketing channels.
They are accessible on the website and will prevail, if necessary, over any other version or any other contradictory document.
Seller and Buyer agree that these terms and conditions shall exclusively govern their relationship. 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 lacking, it would be considered to be governed by the customs in force in the sector of the remote sale whose companies have their seat in France.
The present general conditions of sale are valid until December 31, 2022
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.
The present conditions only concern purchases made on the website www.madkamel.com and delivered exclusively in mainland France. For any delivery in the DOM-TOM or abroad, a message should be sent to the following e-mail address: email@example.com
These purchases concern the following products: Sunglasses
Article 3 – Pre-contractual information
The buyer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in Article L. 221-5 of the Consumer Code.
Are transmitted to the buyer, in a clear and understandable way, the following information:
The essential characteristics of the good;
The price of the good and/or the method of calculation of the price;
If applicable, all additional costs of transport, delivery or postage and any other possible charges due;
In the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of the price;
Information about the seller’s identity, postal, telephone and electronic contact details and activities, legal guarantees, the functionality of the digital content and, where applicable, its interoperability, the existence and implementation of guarantees and other contractual conditions.
Article 4 – The order
The buyer has the possibility to place his order online, from the online catalog and by means of the form that appears there, for any product, within the limit of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
In order for the order to be validated, the buyer must accept, by clicking where indicated, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final:
After the sending to the buyer of the confirmation of the acceptance of the order by the salesman by electronic mail;
And after collection by the seller of the full price.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, erroneous address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can contact the company via the contact page on the website or send an e-mail to the seller at the following address: firstname.lastname@example.org
Article 5 – Electronic signature
The online provision of the buyer’s credit card number and the final validation of the order shall be deemed proof of the buyer’s agreement:
Payability of the sums due under the order form;
Signature and express acceptance of all operations carried out.
In case of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following email address: email@example.com
Article 6 – Order Confirmation
The seller provides the buyer with an order confirmation, by email.
Article 7 – Proof of the transaction
The computerized records, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable medium that can be produced as evidence.
Article 8 – Product information
The products governed by these terms and conditions are those that appear on the seller’s website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions could occur as for this presentation, the responsibility of the salesman could not be committed.
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 current rates indicated at the time of the order, subject to availability on that date.
The prices are indicated in euros. They take into account the standard delivery costs. Any additional option will be invoiced in supplement and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.
If one or several taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.
For any shipment abroad where additional taxes are required, the payment of these taxes are the responsibility of the buyer.
Article 10 – Method of payment
This is an order with payment obligation, which means that the placing of the order implies a payment by the buyer.
In order to pay for the order, the buyer has the choice of all the payment methods made available by the seller and listed on the seller’s website. The buyer guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations or in the event of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
The general terms and conditions of our payment infrastructure provider can be found here.
Article 11 – Availability of products – Refund – Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the email confirmation of the order.
For deliveries in Metropolitan France, the delivery time is generally 5 working days from the day after the buyer has placed his order, as follows: At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case by case basis.
In the event of failure to comply with the agreed delivery date or deadline, the Buyer shall, before breaking the contract, require the Seller to perform within a reasonable additional period.
If the Seller fails to do so within such further period, the Buyer shall be free to withdraw from the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by a written document on another durable medium.
The contract will be considered as terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
However, the Buyer may terminate the contract immediately, if the above-mentioned dates or deadlines constitute an essential condition of the contract for him.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to ask either for the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 – Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and time specified above.
The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to take care of its exactitude. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to withdraw the parcel at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must 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 opened or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products …).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by fax or simple mail to the salesman to the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 90 days of delivery. Any claim made outside of this period will not be accepted. The return of the product will be accepted only for products in their original condition (packaging, accessories, instructions …).
Article 13 – Delivery errors
The buyer must make any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form to the seller on the day of delivery or at the latest on the first working day following the delivery. Any claim made after this deadline will be rejected.
The claim can be made, by e-mail to the following address: firstname.lastname@example.org
Any claim not made in the rules defined above and within the time limits will not be taken into account and will release the seller from any responsibility towards the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the attribution of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in a packaging ensuring its protection, by registered mail, to the following address:
Mad Kamel at BJ Logistics
180 route des prés rollier
ZAC de Bromines
Return shipping costs are the responsibility of the seller.
Article 14 – Product Warranty
14.1 Legal guarantee of conformity
The seller is the guarantor of the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that :
The buyer has a period of 2 years from the delivery of the goods to act;
The buyer may choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
The buyer does not have to prove the non-conformity of the good during the 24 months in case of new goods (6 months in case of second-hand goods), following the delivery of the good.
14.2 Legal warranty for hidden defects
In accordance with Articles 1641 and following of the Civil Code, the seller is liable for any hidden defects that may affect the property sold. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the use for which they were intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 – Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and ask for an exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer. This period have been extended to 90 days.
The returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The right of withdrawal can be exercised online, using the withdrawal form available here. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery costs are refunded.
The return costs are at the buyer’s expense.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- Of supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- From the supply of goods made to the specifications of the consumer or clearly personalized;
- Of supply of goods likely to deteriorate or expire quickly;
- From the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
- Of supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- From the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
- Of maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
- Of supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- From the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- Of supply of digital content not provided on a material medium whose performance has begun after express prior agreement of the consumer and express waiver of his right of withdrawal.
Article 16 – Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as causes of exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 17 – Intellectual Property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement.
Article 18 – Data Processing and Liberties
The personal data provided by the buyer are necessary for the processing of his order and the establishment of 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 through the website www.madkamel.com has not been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him. This right can be exercised under the conditions and according to the methods defined on the site.
Article 19 – 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 20 – Non-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 shall not be construed for the future as a waiver of the obligation in question.
Article 21 – Title
In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.
Article 22 – Language of the contract
The present general conditions of sale are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 23 – Mediation and settlement of disputes
The purchaser may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .
Article 24 – Applicable Law
The present general conditions are subject to the application of French law. The competent court is the judicial court.
This is the case for the rules of substance as well as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.
Article 25 – Protection of personal data
The personal data that are collected on this site are the following:
Account opening: during the creation of the user’s account, his name, first name, date of birth, login, password, phone number
Connection: when the user connects to the website, it records, in particular, his name, first name, connection data, use, location and payment data;
Profile: when using the services provided on the website, a profile is created, which may include an address and telephone number;
Payment: when paying for the products and services offered on the website, the website records financial data relating to the user’s bank account or credit card;
Communication: when the website is used to communicate with other members, data concerning the user’s communications are temporarily stored;
Cookies: Cookies are used as part of the use of the website. The user has the possibility to deactivate the cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. Specifically, the uses are as follows:
Access and use of the website by the user;
Management of the operation and optimization of the website;
Organization of the conditions of use of the Payment Services;
Verification, identification and authentication of the data transmitted by the user;
Offering the user the possibility of communicating with other users of the website;
Implementation of user assistance;
Personalization of services by displaying advertisements based on the user’s browsing history and preferences;
Prevention and detection of fraud, malicious software and management of security incidents;
Management of possible disputes with users;
Sending commercial and advertising information, according to the user’s preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
When the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;
When the user publishes publicly accessible information in the free comment areas of the website;
When the user allows a third party’s website to access his/her data;
When the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data in order to provide these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
If required by law, the website may carry out the transmission of data to follow up on claims made against the website and to comply with administrative and judicial proceedings;
If the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share some or all of its assets, including personal data. In such a case, users would be notified before any personal data is transferred to a third party.
Security and Privacy
The website implements organizational, technical, software and physical measures for digital security to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users’ rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise by making their request at the following address: email@example.com
The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy.
The right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information.
The right of deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
The right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions set forth in the GDPR.
The right to object to the processing of data: users may object to their data being processed in accordance with the assumptions provided for by the RGPD.
The right to portability: they can request that the website gives them the personal data provided to it in order to transmit them to a new website.
Evolution of the present clause
Use of customer reviews
Article 1 – Responsibility of Mad Kamel
In order to give even more importance to the opinions of our customers and to make them accessible to Internet users, Mad Kamel undertakes to transcribe in full transparency the comments made by our customers. This collection operation is only carried out through a satisfaction questionnaire or a request for feedback following a purchase on our platform or partner sites. Moreover, the collection, moderation and return of opinions are totally independent of the advertising and sales of products and services carried out by Mad Kamel.
Article 2 – Responsibility of the User
The opinions and comments published on the Mad Kamel website are the sole responsibility of their authors and in no way represent any opinion or official advice from Mad Kamel.
By giving his opinion, the user expressly and graciously transfers to the member establishments of the company Mad Kamel all intellectual property rights relating thereto and in particular the right of reproduction, representation, adaptation, on all media and in all formats known or unknown to date, for the whole world and for the legal duration of copyright protection.
In this context, the user undertakes to
- to be a natural person
- not to be in a conflict of interest situation (family member, employee, competitor, working for a third party company in a commercial relationship, etc.)
- to have had personal experience of the product or service on which the review is based
For the purposes of verification by a third-party certifying body or by a moderator of the company Mad Kamel, the user agrees to be contacted by e-mail or telephone.
The user agrees not to defame, abuse, harass or threaten anyone, or to violate the rights of others such as personal rights, the right to privacy, the right to human dignity. Finally, the user is solely and exclusively responsible for the comments made in his review and as such guarantees Mad Kamel against any recourse and/or action that any person could take as a result of the dissemination of his review on the website of Mad Kamel, partner sites or review sites.
Article 3 – Principle of collection
The company Mad Kamel solicits its customers in the context of a satisfaction survey only on the basis of purchases made. The customer review questionnaires are sent several days after the purchase to each customer on the basis of information collected during the sale. An automatic reminder may be sent if the customer has not responded or has only partially responded.
Article 4 – Principle of verification and moderation of reviews
A priori automatic and then human moderation is carried out for each comment. The company Mad Kamel reserves the right to publish or not the review submitted by the user if it does not comply with these general conditions of use or for the following reasons without this list being restrictive:
- If the review manager considers that its civil or criminal liability may be incurred
- If the textual content contains insults or coarse language
- If the elements relating to the identity of the author contain insults or rudeness
- If the textual content contains random characters or a series of words without any meaning
- If the content (text, document, image…) is unrelated to the subject being rated
- If the attributes of the notice contain concrete elements of conflict of interest
- If the textual content is so badly written as to be unintelligible
If a user makes an inappropriate comment about other content or its author
- If the textual content to be published contains personal information, such as the first or last name of individuals who are not public persons, a telephone number, a specific physical address or an e-mail address
- If the textual content includes a credit card number, national insurance number, bank account number or any other information that could lead to identity theft
- If the textual content includes a call for legal action
- If the content mentions websites, hyperlinks, URLs, email addresses or phone numbers, including those of the customer or the product manufacturer
If the textual content is clearly spam
- If the elements describing the consumer experience are not filled in
Article 5 – Principle of feedback
The feedback and publication of opinions is carried out within 30 working days from the date of validation of the questionnaire. The opinions and comments are published on the company’s website and in some cases on other websites. The average score published is calculated on the basis of all completed and validated questionnaires with or without a comment over the last 365 days. The number of completed questionnaires that this average score includes is also published and visible to Internet users.
Article 6 – Conditions for archiving published notices
Every year, the reviews are archived in the following manner:
- All comments are archived for a period of three years
- Comments are published and visible on the site for a period of 2 years
Article 7- Deletion/modification of a comment
Once a review has been published on the Mad Kamel website, the user may request customer service to exercise his or her right of withdrawal leading to the deletion of his or her consumer review. In this context, please contact us at the following address firstname.lastname@example.org. On the other hand, it will be impossible to modify it once it has been published. If a review is unpublished, a record of it will be kept for the purpose of subsequent verification of the review as part of the evaluation by a third party certification body.
Article L. 217-4: “The seller delivers a good that conforms to the contract and is responsible for defects in conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.”
Article L. 217-5: “The goods conform to the contract:
1° If it is fit for the purpose usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.”
Article L. 217-6: “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.”
Article L. 217-7: “Defects of conformity that appear within twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise.For goods sold second-hand, this period is set at six months.The seller may fight this presumption if it is not compatible with the nature of the good or the claimed defect of conformity.”
Article L. 217-8: “The buyer is entitled to demand the conformity of the good to the contract. However, he may not contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials he himself supplied.”
Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods; however, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.”
Article L. 217-10: “If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 217-9 cannot be implemented within a period of one month following the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the use he is seeking. The resolution of the sale cannot however be pronounced if the defect of conformity is minor.”
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 shall be without cost to the buyer. These same provisions do not prevent the awarding of damages.
Article L. 217-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature that is recognized by law.”
Article L. 217-14: “The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the Civil Code.
Article L. 217-15: “The commercial guarantee is any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other service in relation to the good, in addition to his legal obligations to guarantee the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.
In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty shall remain valid. The buyer is entitled to avail himself of it.”
Article L. 217-16: “When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run.
This period runs from the date of the request for intervention by the buyer or the availability for repair of the goods in question, if this availability is subsequent to the request for intervention.”
Article 1641: “The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose, that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.”
Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be relieved of the defects or lack of conformity” apparent.
Declaration of conformity
The company Mad Kamel, based at 27 avenue du Savoy – 74400 Chamonix Mont-Blanc – France, certifies that the sunglasses below :
- Model One Sunset
- Model One Freedom
- Model One Party
Are in compliance with the requirements for EU Regulation 2016/425 according to the standard of EN ISO 12312-1: 2013 / A1: 2015.