SPECIFIC TERMS AND CONDITIONS OF SALE APPLICABLE TO MCDONALD’S CORPERATION AND FRANCHISEES
Article 1 – Purpose
The purpose of these terms and conditions is to define the terms applicable to orders for infant high-chairs (referred to as the “Product”) placed by McDonald’s franchisees with Marketing Creation.
Article 2 - Placing Orders
This Web store is exclusively reserved for Mcdonalds coporation and affiliate. The happy baby chair is developped and dedicated for Mcdonald's restaurant only.
McDonald’s franchisees must place their orders through the merchant website provided for this purpose.
The order will become complete and final once the franchisee has filled out and submitted his order on the website.
Upon submitting his order, the McDonald’s franchisee will receive an order confirmation containing the Product details, quantity, price, method of payment, shipping address and expected delivery date.
Only CE countries can place an order.
For other countries like : Morocco , Ukraine, Russia and Swizerland : order can be placed only by spécial quotation accordinate to volume , shipping and custome fees.
Article 3 -Financial Terms
The unit price of the Product is 185 € before tax.
The Prices are considered “shipping and packaging paid” except the following cities and islands.
- Venise, Capri, Ischia, Elbe and Eoliennes (Italy)
This price is only valid for order by full carton by multiple of 3.
For bulk order, Marketing Creation can propose a quotation and confirm the lead time.
Marketing Creation will issue an invoice once delivery has been made.
However, when the order is placed by a future franchisee whose company has yet to be created, the invoice will be issued thirty (30) days after the product is delivered.
3.3. Methods of Payment
The invoice must be paid within thirty (30) days of the invoice date.
Payment must be made either by bank transfer to the following account:
Banking domiciliation: Banque LCL Aix en Provence
IBAN code: FR84 3000 2028 3100 0023 0373K16 Code BIC/SWIFT: CRLYFRPP
Or by credit card on the website or via PayPal.
3.4. Late Payment Penalties
Any invoice not paid by the due date will automatically incur late penalties, as of the day following the due date stated on the invoice, in the amount of three times the legal interest rate.
In the event of late payment or payment default, a flat-rate collection fee of forty (40) euros will be due from the McDonald’s Franchisee. If the cost of collection exceeds 40 euros, additional compensation will be due, upon presentation of receipts.
Article 4 - Delivery
Marketing Creation agrees to supply and deliver the Product within a maximum period of two weeks following receipt of the order confirmation and these terms and conditions of sale, accepted by the McDonald’s Franchisees.
In the event of an inventory shortage, Marketing Creation will inform the McDonald’s franchisee via e-mail, including the expected delivery date.
Upon delivery of the Product, Marketing Creation will issue a delivery slip to the McDonald’s franchisees, in duplicate, as well as the maintenance guide for the Product.
The McDonald’s franchisees will have a period of three days following delivery to notify the Shipper of any anomaly claims about the Product, and must send a copy of the stated anomaly claims to Marketing Creation via registered mail with return receipt requested.
Article 5 - Spare Parts
As a customer service, any spare parts ordered by the McDonald’s franchisees will be delivered within a maximum period of two weeks following receipt of the order confirmation.
Article 6 - Transfer of Ownership
Ownership of the Product will be transferred from Marketing Creation to the McDonald’s Franchisee only upon payment by the latter of the full purchase price, regardless of the delivery date of said products.
However, the risk of loss or damage of the Marketing Creation products will be transferred upon delivery and receipt of said products by the McDonald’s Franchisee.
Article 7 - Warranty
Marketing Creation guarantees McDonald’s franchisees that it will repair or replace, at its own expense, any non-compliant Product resulting from poor-quality raw materials, a design flaw or a manufacturing defect.
The warranty covers the repair or replacement of the Product or it component parts, labour costs and related travel or shipping.
However, the warranty does not cover:
- Normal or natural wear and tear on the Product;
- Any improper use and/or maintenance not in accordance with the usage instructions and/or maintenance guide provided to the McDonald’s Franchisees by Marketing Creation;
- Any modification of the Product made by the McDonald’s franchisees or any third party;
- Any damage to the Product resulting from a fire or water damage.
This warranty is valid for three years following the invoice date.
Article 8 - Liability
In instances in which Marketing Creation incurs liability, it will be limited to the direct losses and direct damage caused to the McDonald’s franchisees or caused to third parties, due to the design, manufacture or delivery of a Product that is not compliant with legal regulations.
However, Marketing Creation will not incur liability due to the improper use and/or maintenance of the Product and/or abnormal use or maintenance of the Product by the McDonald’s Franchisees or any third party, and in general any use and/or maintenance not stipulated in the usage instructions and/or the maintenance guide provided to the McDonald’s franchisees.
Marketing Creation will not incur any liability due to indirect damage suffered by the McDonald’s franchisees. By explicit agreement, the following will be considered indirect damage not subject to compensation: trade or image injury, loss of sales, loss of profits and third-party claims.
Article 9 - Force Majeure
If the non-fulfilment of any of the obligations stipulated in these specific terms and conditions is caused by a case of force majeure or an unavoidable accident not within the control and reasonable due diligence of the parties, neither of the parties will be held responsible.
The subsequent fulfilment of orders and obligations will be suspended in the event that a case of force majeure occurs that is outside the control of the parties, unforeseeable and unavoidable, making it impossible to fulfil its contractual obligations, without causing Marketing Creation to incur any liability as a result with respect to the McDonald’s Franchisees, and without entitling the McDonald’s Franchisees to claim any corresponding compensation from Marketing Creation.
The following will be considered a non-limiting list of cases of force majeure: fire, flood, earthquake or any other natural disaster of this type, government intervention, war, riot, labour strike or nationwide labour dispute external to one of the parties, the duration and intensity of which are exceptionally great.
The parties hereby agree under such circumstances to seek an alternative solution, in good faith, that allows them to continue their normal business activities, and specifically Marketing Creation agrees to accept the use of another Supplier.
The contract will resume normal fulfilment, and the parties will once again be responsible for fulfilling all of their obligations stipulated herein, as soon as the end of the case of force majeure has been duly noted.
Article 10 - Law and Applicable Language
These specific terms and conditions are governed by French law.