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General conditions of sale and attached particular conditions

Very important :
- Before proceeding with your acquisition, we kindly ask you to read the following general and specific conditions.
The validation of the order means and assumes acceptance of all the general conditions of sale and attached conditions.
- All photos of our engines, spare parts (pictures and drawings) and inflatable boats are the property of the MIDIF brand and their use even partial without authorization is formally prohibited under pain of prosecution. Similarly, any copy even partial of the general conditions of sale and particular conditions and attached documents (manuals of use, ...) exposes its author to legal proceedings.


Chapter 1) General conditions of sale of the site http://www.midif-online.com


ARTICLE 1) These general conditions of sales are applied to all purchases made via the website http://www.midif-online.com, property of MIDIF who has the right to modify them at any time.
The applicable general conditions of sale are those in effect on the date of acceptance of the order of the Buyer by MIDIF.

These conditions of sale are concluded:
- on the one hand, by MIDIF, a public company of industrial and commercial nature under French law, having its registered office at 26 Avenue de la Méditerranée 34110 Frontignan, registered with the Sète Trade and Companies Register under the number B 381 433 853 - namely called MIDIF 
- And on the other hand :
by any natural person or legal entity wishing to make a purchase via the MIDIF website http://www.midif-online.com namely called hereinafter "the Buyer".

MIDIF and Buyer being hereinafter namely called collectively "Party (s)".
The present conditions of sale aim to define the contractual relations between MIDIF and the Buyer, and the conditions applicable to any purchase made through the MIDIF commercial site, wherever the Purchaser is professional or consumer.
The acquisition of a good or a service through this site implies an unreserved acceptance by the Purchaser of these conditions of sale.
These conditions of sale will prevail over any other general or particular conditions not expressly approved by MIDIF.


ARTICLE 2) ORDERS:

The buyer chooses, using the electronic catalog, the products he wishes to acquire and transmits his order to http://www.midif-online.com with a purchase order available on the site to be validated according to the instructions.

The products offered are those listed in the catalog published on the MIDIF website.

These products are for sale within the limit of available stocks.
The photographs in the catalog are as faithful as possible but cannot ensure a perfect similarity with the proposed product.

Purchasers who wish to purchase a product or service must:
- Create an account online and complete the identification form on which must be indicated all the requested contact details.
- Fill in the online shopping cart or order form with all the references of the selected products or services;
- Stipulate the desired place of delivery, it may be different from the address indicated when creating the account online;
- Validate the order after having verified it;
- Confirm order and payment;
- Make the payment under the provided conditions.

Confirmation of the order implies acceptance of the present conditions of sale, the acknowledgment of full knowledge and the waiver to avail itself of its own conditions of purchase or other conditions.

All the data provided and the recorded confirmation will be the proof of the transaction. The confirmation will be valid for signature and acceptance of the carried out operations.

MIDIF will send by email the confirmation of the registered order under condition that the buyer has correctly registered his electronic coordinates.


ARTICLE 3) SELLING PRICES:

Prices are subject to change without notice.
The prices listed in the catalog are prices with VAT in euro taking into account the VAT applicable on the day of the order. Any change in the rate may be impacted in the price of the goods or services.
Moreover, for deliveries outside metropolitan France, the customer undertakes to pay all taxes due because of the importation of products, customs duties, value added tax and all other taxes due under the laws of the country of receipt of order.

The prices shown for each item do not include shipping and handling costs. The transport costs are indicated on your order form, they are calculated automatically according to the destination.

The goods remain our property until full payment of the price.


ARTICLE 4) DELIVERY TIME:

We make every effort to ensure that the ordered products are delivered on time. In case of an extension of the delivery period beyond our control, we inform you as soon as possible so that you can decide whether to keep or cancel your order in full or in part.

Products and services are delivered by transport companies to the address indicated by the customer after receipt of payment. Delivery times may vary in case of difficulties of routing, stock shortage or holiday periods which will then be signaled by e-mail to the customer. Business days do not include weekends and holidays.

For international deliveries, depending on the products and regions, delivery times may vary by several weeks.

In all cases the delivery time may not exceed 30 days.

In case of impossibility of delivery, MIDIF will refund the sum paid by the buyer by bank transfer within 7 days. After being informed about the impossibility of receiving his order, the customer has to send by post mail or e-mail his RIB IBAN in order to get the refund.

ARTICLE 5) RESTRICTIONS and CLAIMS:

Upon delivery, the buyer has the obligation to check the goods; (The goods always travel at the risks and perils of the addressee). Any reservations he intends to make concerning the condition of the delivered goods must be mentioned on the delivery note.
If no mention is made of the delivery note, no claim will be accepted after receipt of the goods. Any damage found and mentioned on the delivery note must be the subject of a complaint by the buyer to the transport company within 48 hours by registered letter with acknowledgment of receipt.
A copy should be sent to the MIDIF technical service (technical and quality service) 26 avenue de la Méditerranée 34110 Frontignan.

All complaints relating to an error of delivery must be made by letter with acknowledgment of receipt within 3 days.
After agreement of the MIDIFcompany, the material must be returned in its original packaging in perfect condition. Reimbursement rate applied in this case: 100% + Return costs (according to return transport price equal to the transport price of the initial delivery of the goods).

If the equipment subject to a delivery error was returned in poor condition or in a damaged package MIDIF would only repay at the following rate: damaged packaging: 75%, damaged goods 0% without back transport costs.

Also in case of error of delivery, the new item will be delivered only after return of the wrong one.

The incorrect item will be exchanged and shipped by MIDIF without any additional cost for the purchaser except in case of the returned wrong item sent by the purchaser is damaged. In this case, the purchaser will be asked to pay the full price of the damaged material before shipment of the new material.


ARTICLE 6) AVAILABILITY:

The www.midif-online.com site indicates the available quantity on stock. In case of inaccuracy or error, MIDIF cannot be held as responsible.

MIDIF will do its best to satisfy the demands of the buyer and to execute as best as possible the orders of products and services bought by the buyer. However, MIDIF will not be obliged to accept all orders and will not be held as responsible for the temporary or permanent non availability of products (in particular in case of a production cessation).

In case of unavailability of the ordered product, MIDIF will notify the Buyer as soon as possible.

In any case, in case of unavailability or inability to deliver the buyer, MIDIF will refund the buyer without delay and at the latest within 7 days after payment date made by the buyer and validated by the financial institution.


ARTICLE 7) RETRACTION:

Due to their nature, petrol engines cannot work without lubrication, without gasoline, and without a raw water circulation for their cooling (loaded water, seawater), without immersion of their lower unit (gearbox). The internal lubrication galleries, fuel circuit, water circuit cannot be dismantled and repackaged, perfect cleaning to guarantee the safety for a new purchaser, the engines are therefore excluded from the Hamon law concerning the retraction by exception N ° 4 (goods that can deteriorate), by exception N ° 5 (no absolute safety if reuse for a new purchaser), by exception N ° 6 (good which is automatically associated for its operation to other product(s) with corroding effect (hydraulic oil base, engine oil, petrol, raw water, salt).

Concerning the thermal engines, no resumption will be carried out. And Buyers do not benefit from the 14-day withdrawal period.

Due to their nature, electric outboard engines have their low unit immersed (in seawater or raw water), with possible natural and galvanic corrosion. Also, in case of use, battery connection error, the motor can be irremediably damaged. The engines are therefore excluded from the Hamon law concerning the withdrawal by exception No. 4 (goods that can deteriorate), by exception N ° 5 (no absolute safety if reuse for a new purchaser), by exception N ° 6 (good which is automatically associated for its operation to other product(s) with corroding effect (raw water, salt, electricity – energy being defined as a fluid, tensioning).

Due to their nature, inflatable boats will be used on rivers, on sea, they will sometimes be towed on shores, sands, or other type of soil naturally abrasive (risk of puncture), their fabric can be irremediably soiled or striped. Unable to be put back for sale after delivery, you benefit of the Hamon law : article L 121-21 The buyer has a period of 14 days to apply his right to withdraw from a contract concluded at a distance, following a telephone call or off-site solicitation, without having to justify his or her decision and will only have to pay the returning costs of the item. Art. L. 121-21-1: only in the case of a return in its original provided packaging good’s never unpacked and used, with its operating instructions. For the good safety of the new purchaser, each inflatable boat will put under during 24 hours to ensure it has not been punctured.

If the inflatable boat is damaged, no refund will be made and the boat will stay available for its owner for carrying out the return by himself.

The apply of the right of withdrawal will give rise either to a refund, by recrediting the bank card used at the initial order or, if not possible, to a refund by check-letter within 15 days.



ARTICLE 8) SECURE PAYMENT:

The used secure system is the SHERLOCK'S system of the LCL. The payment process is as follows:

1. The purchaser fulfills his cart on the MDIF site.

2. The MIDIF site uses the API to display the accepted cards.

3. By clicking on one of the proposed cards, the buyer is connected to the SHERLOCK'S payment server that displays the form for entering the card data.

4 and 5. The SHERLOCK'S server transfers the card details of the buyer to the Visa or Mastercard network, which contacts the issuing bank, which determines whether the holder is registered 3D Secure (and therefore has an authentication method).

6 and 7. If the buyer is registered (or "enrolled"), SHERLOCK'S puts him in contact with the issuing bank (6) that displays a form for entering the password. SHERLOCK'S is the recipient (7) of the result of the verification of the password by the bank, via the Internet user set.
If the buyer is not registered, it goes directly to point 8.

8 and 9. The transaction takes the traditional circuit and is sent for authorization request to the merchant's bank. After receiving the authorization reply, SHERLOCK'S sends the response of the authorization request to the MIDIF server (9) and displays a receipt on the user's screen (9).

10. From this ticket, the user can click on a button to return to the merchant server, which receives all transaction information (identical to 9).

It is possible for the buyer who does not want to do a payment by secure system to contact MIDIF Tel 04 67 74 26 96 OR by Fax 04 67 74 01 34 and to place his order by fax or letter and to proceed to the payment of his/her order by check, or bank transfer.

MIDIF in the online sales process, is bound only by an obligation of means; its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, disruption of service, or other unintentional problems.


ARTICLE 9) GUARANTEE:

Concerning the Parson engines

Distributed products are guaranteed by their suppliers. For the Parson outboard engines, the provided invoice is considered as a guarantee document (the date on the invoice is the date used for the warranty)
Warranty is 1 year parts only.
The cost of sending the defective part is borne by the buyer.
The cost of sending the new part is borne by MIDIF.
In all cases : our guarantee is limited to the exchange of the parts supplied and recognized defective by our after-sales service or to the preparation, at our convenience and without obligation of time, participation in the costs of immobilization, craneing, towing, guarding, disassembly and reassembly of the engine in the boat.
In general, our guarantee excludes any consequential or non-consequential physical, material and immaterial damage.

In addition, for the validity of the guarantee, the conditions mentioned below must be respected:
1) The engine must be correctly installed.
2) The engine must be run in with care and at gradual speed.
3) All engine peripheral parts and accessories must be cleaned or replaced if necessary at the time of installation.
4) Inspection of the engine after 10 hours of operation by a mechanic registered as a professional.


Complaints Procedure

1 ) No complaint will be accepted without an authorization number given by MIDIF.
No claims will be accepted if the engine is dismantled without the permission of MIDIF.
2 ) MIDIF has to be advised by registered letter within 8 days after the event in which is mentioned the invoice number and the authorization number in order to receive our instructions.
3 ) MIDIF reserves the right to accept or refuse any complaint if the parts or the engine are considered not defective.

Warranty cancellation cases:

Use of non-genuine spare parts

1) Bad installation.
2) Damaged engine due to lack of oil or abnormal overheating.
3) Presence of petrol in the oil (ignition, carburation or gasoline pump default).
4) Use of engines on very fast vocation vessels without our agreement.
5) Change of owner of the boat.
6) Not respected running in period.
7) Mounting or adjustment defect.
8) Engine dismantling without our agreement.
9) Damage resulting from a malfunction of the peripheral organs.
10) Damaged vessel.
11) Presence of water or salt on the electrical parts of the engine

Any intervention by our after-sales service that does not fall within the scope of the guarantee will be invoiced.


Very Important obligation of the buyer

For the good validity of the warranty, the buyer commits to respect the conditions of use and periodicity of maintenance, to respect the rules of safety for the use of the outboard engines, the regulations in effect, scrupulously respect the printed manual of the owner and attached to the general conditions as special conditions.

Publications nomenclature of special use conditions
Nb of PUBLICATION MB24092008 F2.6BMS valid for all 2,6 hp engine purchases 
Nb of  PUBLICATION MB27092008 F4BM / F5BM valid for all 4 and 5 hp engine purchases
Nb of PUBLICATION PAR062010 F6BM / F9.8BM valid for all 6 and 9.8 hp engine purchases 
Nb of PUBLICATION RT022014 F5ABM / F6ABM valid for all 5 hp type 5A and 6 hp type 6A engine purchases
Nb of PUBLICATION MB05062008 F9.9BM / F15BM valid for all 9.9 hp or 15 hp engine purchases 
Nb of PUBLICATION  MB09072008-F9.9FW / F15FW valid for all 9.9 hp or 15 hp engine purchases
Nb of PUBLICATION  MB12062008-F20BM / F25BM valid for all 20 hp or 25 hp engine purchase
Nb of PUBLICATION MB09072008-F20FW / F25FW valid for all 20 hp or 25 hp engine purchases



Concerning the Haswing engines

Distributed products are guaranteed by their suppliers. Concerning the Haswing engines produced by Ya Tai Electric Appliances Co Ltd :
the provided invoice is considered as a guarantee document (the date on the invoice is the date used for the 
The warranty is 2 years parts only.
The cost of sending the defective part shall be borne by the buyer.
The cost of sending the new part is borne by MIDIF.

In all cases : our guarantee is limited to the exchange of the parts supplied and recognized defective by our after-sales service or to the preparation, at our convenience and without obligation of time, participation in the costs of immobilization, craneing, towing, guarding, disassembly and reassembly of the engine in the boat.
In general, our warranty excludes any consequential or non-consequential physical, material or immaterial damage.


Warranty conditions

The 2-year warranty begins on the date of sale. Warranty is valid only if you send a copy of the purchase invoice and the warranty card which is included in the user manual.

Warning: any abnormal use of the engine such as unauthorized disassembly of the engine, use of the engine for commercial purposes or any case of force majeure (accidents ...) would irreparably nullify any guarantee.

This engine should not be used in dense, loaded waters. Any damage or corrosion caused by improper use of the engine is not covered by the warranty. The motor must be cleaned and rinsed after each use (see the corresponding chapter in the manual supplied with your motor).

The warranty does not apply to items that undergo natural and normal wear such as propeller, etc. These parts must be replaced if necessary (see spare parts list in your manual).

For any intervention, it is imperative to contact an authorized Haswing agent.
For the warranty to be valid, the buyer agrees to respect the conditions of use and periodicity of maintenance, to respect the rules of safety for the use of the engines outboard, the regulations in effect, to respect scrupulously the published owner’s manual attached to the general conditions as special conditions.

Publications nomenclature of the particular conditions of use to be read imperatively before any purchase:

• PUBLICATION Manual Osapian 30 lbs
• PUBLICATION Manual Osapian 40 lbs
• PUBLICATION Manuel Osapian 55 lbs
• PUBLICATION Manual Comax 55 lbs
• PUBLICATION Manuel Cayman B 55 lbs
• PUBLICATION Manuel Cayman B 55 lbs GPS
• PUBLICATION Manual Cayman B 80 lbs
• PUBLICATION Manual Protruar 101 lbs


Concerning the DBI (DB innovation) inflatable boats 

Limited Warranty


Publications nomenclature of the special conditions of use to be read imperatively before any purchase of annexes DBI:

• MANUAL Inflatable boats DBI 220 225 230
• MANUAL Inflatable boats DBI 250 270 300



ARTICLE 10) CASES OF FORCE MAJEURE:

MIDIF cannot be responsible for acts of God, such as fires, natural disasters or also strikes,... this list BEING not exhaustive.


ARTICLE 11) INFORMATICS AND LIBERTIES:

Personal data
In accordance with the law relating to informatics, files and liberties of the 6th of  January 1978, personal data relating to purchasers may be processed automatically.
MIDIF prohibits the disclosure of personal data of its customers. Similarly, users have the right to access and rectify data concerning them, in accordance with the law of 6th of January 1978.
MIDIF will archive purchase orders and invoices on a reliable and lasting medium constituting a faithful copy in accordance with the article 1348 of the Civil Code.
The computerized records of MIDIF shall be considered by the parties as proof of communications, orders, payments and transactions between the parties.
In accordance with the law 'Informatics et Liberties', buyers have the right to access, modify, rectify and delete their data. To exercise this right, please contact us on [email protected]

CONTESTATIONS.
In case of dispute or disagreement as buyer or seller, the Commercial Court of Sète (Tribunal de Commerce de Sète) will have sole jurisdiction, even in case of call of guarantee or plurality of defenders.


Chapter 2) Special conditions of sale of the site http://www.midif-online.com

The special conditions of use being cited and classified in the general conditions of sales ARTICLE 9 : these are attached below in their integrity as forming part of the general and particular conditions accepted and validated by the buyer as soon as the sale is done.

APPENDIX 1
Nb of PUBLICATION MB24092008 F2.6BMS valid for all 2.6 hp engine purchases 

APPENDIX 2
Nb of PUBLICATION MB27092008 F4BM / F5BM valid for all 4 and 5 hp engine purchases

APPENDIX 3
Nb of PUBLICATION MB05062008 F9.9BM / F15BM valid for all 9.9 hp or 15 hp engine purchases

APPENDIX 4
Nb of PUBLICATION NO .: MB09072008-F9.9FW / F15FW valid for all 9.9 hp or 15 hp engine purchases

APPENDIX 5
Nb of PUBLICATION MB12062008-F20BM / F25BM valid for all 20 hp or 25 hp engines purchase

APPENDIX 6
Nb of PUBLICATION MB09072008-F20FW / F25FW valid for all 20cv or 25cv engines purchases

APPENDIX 7
Nb of PUBLICATION Manual Osapian 30 lbs

APPENDIX 8
PUBLICATION Manual Osapian 40lbs

APPENDIX 9
PUBLICATION Manual Osapian 55 lbs

APPENDIX 10
PUBLICATION Manual Comax 55lbs

APPENDIX 11
PUBLICATION Manual CaymanB 55 lbs

APPENDIX 12
PUBLICATION Manual Protruar 101 Lbs

APPENDIX 13
MANUAL inflatable boats DBI 200 225 230

APPENDIX 14
MANUAL Inflatable boats DBI 250 270 300

APPENDIX 15
Nb of PUBLICATION PAR062010-F6BM / F9.8BM valid for all 6cv or 9.8cv engine purchase

APPENDIX 16
Nb of PUBLICATION RT022014-F5ABM / F6ABM valid for all 5cv type 5A or 6cv type 6A

APPENDIX 17
PUBLICATION Manual CaymanB 80 lbs 

APPENDIX 18
PUBLICATION Manual CaymanB 55lbs GPS


We thank you for having taken the time to read our terms and conditions and the special conditions related to the product(s) you have purchased or wish to purchase.