Article 1 - Scope of Application of the Terms and Conditions
The seller is defined below as the website Stockmalin.com.
The general terms and conditions of sale apply exclusively to all sales concluded through the website Stockmalin.com, both for its own account and for that of its principals. Any other conditions are binding on the seller only after written confirmation from the seller. By placing an order or accepting an offer from the seller, the buyer unconditionally accepts these terms and conditions. Any condition proposed by the buyer that conflicts with these general terms will be rejected unless explicitly acknowledged in writing by the seller.
These general terms and conditions may be modified at any time and without notice by the company Stockmalin.com, with modifications applying to all subsequent orders. It is therefore recommended that you regularly refer to the latest version of the general terms of sale available on the homepage of the website Stockmalin.com.
Article 2 - Orders
Orders are effective from the date the payment is received.
Orders sent directly by the buyer or forwarded by the seller's sales agents will only bind the seller when accepted in writing. Any changes to the orders or any supplementary or derogatory conditions regarding the subject and terms of sale are only valid to the extent that they are included in the offer or confirmation from the seller.
All sales offers are subject to stock availability or stock availability from our suppliers. However, if despite the seller's vigilance regarding stock, products are found to be unavailable after the buyer's order, Stockmalin.com will inform you as soon as possible by email and may allow you to cancel or modify your order.
Any clause from the buyer, not accepted in writing by the seller, that is in opposition to these general terms or the specifics defined in the price offer will be considered null and void. No unilateral cancellation of an order will be accepted without Stockmalin.com’s consent.
Article 3 - Prices
The prices on the website are indicated in Euros, all taxes included. These prices are applicable when the consumer validates the order and do not include the shipping costs, which are charged separately and indicated before final order confirmation.
Prices are subject to French VAT, and any changes to the legal VAT rate will implicitly be reflected in the prices of products presented on the Stockmalin.com website, from the date stipulated by the relevant implementing decree. We reserve the right to change our prices at any time without notice. In the case of orders to a country other than France, you are the importer of the product(s) concerned. Customs duties or other local taxes, import duties, or state taxes may be applicable. These duties and fees are your responsibility and must be paid by you to the relevant authorities and/or competent organizations in your country. We recommend you check with your local authorities regarding these matters.
Article 4 - Payment
All orders are payable in Euros. The full price must be paid at the time of the order by the buyer. At no time can the amounts paid be considered as a deposit or advance payment.
To pay for the order, the buyer has the option of using the various payment methods specified on the order form: credit card (Visa, Mastercard, or others), PayPal.
The buyer guarantees Stockmalin.com that they have the necessary authorizations to use the chosen payment method when registering the order.
Stockmalin.com reserves the right to suspend or cancel any order and/or delivery, regardless of its nature or execution level, in the case of non-payment of any amounts owed by the buyer or in the event of a payment incident.
Late payment penalties will be applied at the rate of the legal interest rate plus five points to unpaid amounts 10 days after the invoicing date or upon notification of payment rejection by the bank for other payment methods. Delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions of these terms.
Stockmalin.com reserves the right to request a copy of the buyer’s identity card and/or a proof of address for any order.
As part of the fight against online fraud, the information related to your order may be verified with the competent authorities in the jurisdiction of Paris.
Article 5 - Choice of Items
Having reviewed the products and their characteristics sold by Stockmalin.com, the buyer takes full responsibility for selecting the product(s) they wish to order based on their needs as determined before placing the order. Furthermore, the buyer, knowing which accessories, accessory packs, software, phones, and other items they use, is solely responsible for the compatibility of the ordered products with those they already use.
It is solely the buyer’s responsibility to seek advice if they feel they lack the necessary expertise, or to contact us by email or through our hotline during opening hours.
Article 6 - Delivery
General Rules:
Products will be delivered to the address provided by the buyer on the order form, within metropolitan France.
To facilitate the shipping of ordered products, Stockmalin.com primarily works with La Poste, using the COLISSIMO SUIVI system or EXPRESS for faster deliveries, to reduce transport time between the order and delivery of the products.
The COLISSIMO SUIVI or EXPRESS system allows the buyer to pick up the ordered products at the nearest post office if absent, during the postal worker’s delivery attempt.
The buyer will be delivered at their home by the postal worker and must sign a receipt or have the package delivered directly to their mailbox. If the buyer is absent or it is not possible to deliver directly to the mailbox, the recipient will receive a delivery notice, allowing them to pick up the ordered products at the nearest post office within 15 days.
Delivery Issues:
The buyer must check the packaging and contents of the goods in the presence of the postal employee at the time of delivery. If the buyer has any doubts about the state or contents of their package, they must:Follow the procedure outlined in the Postal Code, report damages, make any claims or reservations, and refuse the goods by immediately filing an anomaly report with the postal worker (report 170) on the same day as receiving the package, at the nearest post office.
Report these incidents to Stockmalin.com’s customer service via email or hotline within two business days, describing the claims or reservations. Failure to follow the above procedure will result in no claim being accepted.
Quality or Conformity Issues: In case of delivery of a product that does not match the order (defective or non-conforming), the buyer must file a claim within two business days after signing the delivery receipt or receiving the package in the mailbox at the nearest post office.
Claims must be sent in writing to Stockmalin.com - 64 rue Sadi Carnot, 93300, Aubervilliers, and should include:
Buyer’s contact details
Order number concerned
Product references
Reasons for the claim
The products must be returned by the buyer within 14 working days from the delivery date.
If this is not done, Stockmalin.com will not process any exchange or refund.
Any product to be exchanged or refunded must be returned at the buyer’s expense in its original packaging, with all accessories in resellable condition. The buyer may request a return envelope with the shipping costs paid.
Failure to follow the procedure and timeframes means the buyer cannot file a claim for non-conformity or apparent defects of the products delivered. The products will be considered compliant and free from defects.
Delivery Times:
The POSTE’s COLISSIMO Suivi service allows delivery within an average of 48 hours from Stockmalin.com’s dispatch.
Stockmalin.com will send the order after full payment has been received.
This timeframe is provided as an indication, and any potential delay will not result in any damages.
In all cases, as per article L 121-20.3 of the Consumer Code, products ordered will be delivered within a maximum of 30 days from the day following the buyer’s order, provided full payment has been received.
If delivery is not made within this period, the buyer may cancel the order. The amounts paid will then be refunded without delay, excluding any further compensation.
In case of delayed delivery compared to the initially scheduled date, the buyer must notify Stockmalin.com in writing (by letter, fax, or email), in order to improve the service quality and allow the seller to conduct an investigation with La Poste.
An investigation with La Poste may take up to 21 business days. If the product is found during this time, it will be immediately redirected to the buyer's home or the designated recipient on the order.
If the product is not found after 21 days of investigation, Stockmalin.com will, at its expense, resend the ordered products.
If the ordered product is no longer available, the provisions outlined in Article 8 will apply.
Article 7 - Retention of Title
As per the law of May 12, 1980, the transfer of ownership of the delivered goods to the buyer will occur only after full payment of the price and any accessories, or when the payment methods used to settle the price have been cleared.
During the period between delivery and the transfer of ownership, the risks of loss, theft, or destruction are the buyer’s responsibility. If the buyer fails to fulfill their payment obligations, for any reason, the seller has the right to demand immediate return of the delivered goods, at the buyer’s expense, risk, and peril.
Article 8 - Warranty
The buyer has a 14-day period starting from the receipt date to return the ordered products at their own expense and risk for exchange or refund.
Any incomplete, damaged, or broken product will not be accepted for return or exchange (smartphones, accessories, gadgets, etc.).
If these conditions are not met, the buyer waives their warranty rights voluntarily.
No claim will be accepted in such cases.
Article 9 - Right of Withdrawal
In accordance with article L121-20 of the Consumer Code, the buyer has a 14-day period starting from the receipt date to return the ordered products, at their own expense and risk, for exchange or refund. The products must be returned in perfect resale condition, in their original state (packaging, accessories, instructions...), properly sealed.
The buyer must inform Stockmalin.com in advance by email, hotline, or in writing before returning the merchandise.
In the case of a refund request, Stockmalin.com generally refunds its customers within 14 days. However, in accordance with articles L121-20-1 to L121-20-7 of the Consumer Code, Stockmalin.com has a maximum period of 30 days from the return date to refund the customer.
If the buyer exercises their right of withdrawal, the seller reserves the right to deduct all shipping fees, whether initially free or partially paid. This flat fee is set at €4.50 including VAT for shipments via Colissimo Suivi, representing the average shipping cost of each dispatched parcel.
Article 10 - Limitation of Liability
All products offered on our website have been imported (or manufactured) in France in compliance with current legislation. However, it is the buyer's responsibility to ensure the legality of their intended use. Therefore, Stockmalin.com disclaims any liability if the delivered product does not comply with the legislation of the delivery country.
Stockmalin.com’s liability cannot be invoked in cases of breach of its contractual obligations due to stock shortages or product unavailability, force majeure events, strikes, fires, floods, failures or breakdowns of equipment, transport, communication means, or the buyer’s actions.
Stockmalin.com cannot be held liable for any indirect damages caused by the present contract, loss of data, files, operating loss, profit loss, loss of opportunity, damages, or costs arising from purchasing products. It is the buyer's responsibility to take all necessary precautions beforehand.
Links to other websites may refer to third-party sites, and Stockmalin.com disclaims any responsibility in case the content of these sites violates the applicable laws and regulations.
To the extent permitted by law, Stockmalin.com provides the website and its content on an “as is” basis, without any warranty, either express or implied, concerning the website’s operation or content.
Article 11 - Termination Clause
In case of the buyer's non-compliance with any of their obligations, the sale will be automatically terminated, and the goods will be returned to the seller at their discretion, without prejudice to any damages Stockmalin.com may claim from the buyer, if a reminder within 48 hours remains without effect.
Article 12 - Data Protection and Privacy
The information collected by Stockmalin.com during any order is necessary for managing the buyer's order.
In accordance with the French Data Protection Act of January 6, 1978, the buyer has the right to access, rectify, oppose, and delete the data concerning them with Stockmalin.com.
Stockmalin.com commits to not disclosing or selling the buyer’s details to other organizations or businesses. The buyer may only be informed of Stockmalin.com’s offers.
Article 13 - Jurisdiction Clause
All disputes regarding the formation, execution, and cessation of the contractual obligations between the parties, which cannot be resolved amicably, will be subject to the jurisdiction of the Commercial Court of Paris, where the seller's headquarters are located, regardless of the sales conditions and the accepted payment method, even in cases of a warranty claim or multiple defendants, with the seller reserving the right to bring the matter before the competent court of the buyer's location. The present contract is governed by French law. The application of the Vienna Convention on the international sale of goods is expressly excluded.
Article 14 - Complaints
For all complaints, please contact:
Customer Service – 189 rue d'Aubervilliers – Voie A Porte 9 – 75018 Paris.
COVID-19 Information
Due to the special working conditions imposed on businesses during the COVID-19 pandemic, we inform you that delivery times may be longer.
We also inform you that any delivery delays are not our responsibility.
Stockmalin.com will not refund purchases.
A return will be made during this period if the package is returned by the carrier.