Terms & Conditions

Article 1 – SCOPE:

Malina Bois is a trade name used by the company Malina Co SARL.

These general terms and conditions of sale apply by default to any sale of Malina Bois products and services to the client and take precedence over any general purchasing conditions, except where expressly agreed otherwise.

All purchases imply the client's unconditional acceptance of our general terms and conditions of sale.

The client declares they have reviewed and accepted these terms and conditions of sale before placing an order. Therefore, these terms are binding, pursuant to Article 1119 of the Civil Code.

Failure to invoke a provision of these general terms does not constitute a waiver of the right to invoke it at another time.

For more information, please visit this page: Legal Notices

Article 2 – PRE-CONTRACTUAL INFORMATION

The client acknowledges that, prior to placing an order and entering into the contract, they received communication, in a readable and understandable manner, of:

these general terms and conditions of sale,
essential product features and installation requirements,
maintenance instructions,
product pricing and accessory fees,
additional costs related to transportation, delivery, or postage, as well as any other possible fees.

Article 3 – OFFER – ORDER

Our offers are only valid for one month from the date they are issued.

Our offers include: installation prerequisites, and the usage and maintenance guides for the relevant products.

An order is considered any order concerning our products that has been accepted by our company.

All orders must be documented in writing and signed by the client. Orders can be sent electronically.

A purchase order is binding for the client, with the signatory declaring they have full authorization to do so.

The order must specify: the product type, equipment reference, agreed price, payment method, intended delivery location, and billing address if different from the delivery location.

The order must be accompanied by the payment of the deposit, as indicated in the purchase order (generally 40%).

The order’s benefits are personal to the client and cannot be transferred without our consent.

Our company's acceptance of the order can take the form of an acknowledgment of receipt or the direct issuance of the invoice.

Accepted orders are firm and final. Any modifications or cancellations requested by the client must be accepted by us.

Article 4 – RIGHT OF WITHDRAWAL

Under Article L 221-5 of the Consumer Code, the buyer has the right to withdraw without giving a reason, within fourteen (14) days of placing the order. The right of withdrawal can be exercised by contacting the company as follows: by email at contact@malinaco.fr and by registered mail at the following address: Malina Co, 38 Rue des Vieux Moulins Prolongée, 88200 Remiremont.

Article 5 – CHANGES TO TECHNICAL SPECIFICATIONS

The information, standards, and technical specifications stated in the company’s commercial documents (catalog, brochure, price list, etc.) are given for informational purposes only and may be modified without holding the company liable. Only information, standards, technical specifications, dimensions, measurements, and plans on the purchase order or in documents transmitted simultaneously and referenced in the purchase order are contractual and binding on the company.

If our company is unable to deliver the ordered equipment, it may offer the client the option to cancel the order and refund the deposit paid without further compensation or deliver equipment with similar specifications upon formal and written request from the client.

Article 6 – DELIVERY

Delivery times on offers and order acknowledgments are indicative only, and any delays in delivery do not result in penalties, indemnities, damages, equipment loans, or contract termination.

However, if the equipment has not been delivered within two months after the indicative date given by us, for any reason other than force majeure or the client’s fault, the sale may be canceled by registered mail by either party. The client is then entitled to a refund of the deposit paid, without further compensation.

Cases considered force majeure, relieving the company of its obligation to deliver, include war, riots, fire, strikes, accidents, pandemics, or inability to procure supplies.

The company will inform the client of any force majeure as soon as possible. Execution of the order will be delayed by the duration of the force majeure event. If this duration exceeds six months, the client may terminate the order.

In any case, timely delivery can only occur if the client is up to date with their obligations to the company for any reason.

If delivery is arranged for pick-up, the client agrees to collect the goods within 15 days of receiving the notice of availability.

If delivery is to a location designated by the client, it is the client’s responsibility to ensure that the location is accessible by road and suitable for heavy vehicles.

If the delivery site is inaccessible or the client fails to collect the goods within 15 days, all additional delivery or storage fees will be charged to the client.

Our company never performs product installation; the client is responsible for hiring a qualified professional to carry out the installation, in compliance with the provided instructions and industry standards.

UNLOADING

If the unloading conditions are met and the client has chosen to have the goods unloaded at a specific location, neither Malina Bois nor the transportation company can be held responsible for any damage caused by the passage of lifting equipment (lawn, driveway, etc.).

If the desired unloading area does not meet all these conditions, the client must arrange an accessible unloading area for the lifting equipment to safely unload the goods. The client may then move the goods to their preferred location at their own convenience.

Article 7 – TRANSPORT AND INSURANCE

a) Our products are sold ex-warehouse (Remiremont 88), and unless stated otherwise, transport and handling are at the client’s expense and risk.

b) At the client's request, our company can handle or arrange transportation. The services are billed according to the terms set forth in the purchase order. In such cases, the client must make any claims for damage or missing items to the carrier.

Any product not subject to a formal complaint by registered mail within three (3) days of receipt, in accordance with Article L.133-3 of the Commercial Code, and a copy sent to our company, is considered accepted by the client.

Article 8 – ACCEPTANCE

Without prejudice to actions to be taken with respect to the carrier as provided in Article 6(b), complaints regarding visible defects or non-conformities of the delivered product must be made by registered mail within two days of collection or delivery (depending on whether the client requested the company to arrange transport). The client must provide proof of any defects or anomalies, and the company’s guarantee is limited, as provided in Article 8, to after contradictory examination of the alleged defect.

Non-conformity in part of a delivery does not release the client from paying for undisputed goods.

No return can be made without the prior written consent of the company, provided via fax or email. Return costs will be borne by the company only if a visible defect or missing items are verified by the company or its representative.

Article 9 – WARRANTY

a) Scope of the warranty: Our company guarantees the products under the same terms as the original manufacturer.

This warranty covers manufacturing and operational defects occurring within twelve months from sale for mobile units on trailers and two years for other items.

The warranty is contingent on full payment of the product price.

In the event of defective products or parts, as confirmed by the company under the conditions stipulated in Article 7, the client may obtain free replacement of recognized defective parts or products, excluding any compensation or damages. The client is not entitled to any indemnity or loan of equipment if their equipment is immobilized due to warranty claims.

b) Causes excluding warranty coverage: The client loses warranty benefits particularly in the case of:

abnormal, excessive use of the equipment, or even temporary overloading,
repairs or interventions by unqualified personnel or using third-party parts,
damage resulting from collisions, falling materials, fire, vandalism, malice, or neglect,
failure to maintain the recommended water level (above the jets) in hot tubs when using air or water jets,
excessive use of the sand filter (over two hours),
misuse of water treatment products (e.g., excessive chlorine).

Example:

The use of pool treatment products incompatible with hot tub use.

Article 10 – PRICE

The applicable prices are those in effect on the date of order acceptance.

Prices are net, ex-warehouse (Remiremont), unless stated otherwise in writing.

Any tax, duty, fee, or other charge payable under French or foreign regulations is the client’s responsibility.

Article 11 – PAYMENT

a) Payment terms: Unless otherwise stipulated in the purchase order, products are payable prior to shipment.

In case of deferred or term payment, payment means actual payment at the agreed date, not the mere issuance of a bill or check creating an obligation to pay.

Failure to return a bill constitutes non-acceptance and is deemed non-payment. Similarly, if payment is in installments, non-payment of any installment renders the entire debt immediately due without further notice.

Payments may not be suspended or offset without the prior written consent of the company. Partial payments will be applied to the non-preferred part of the debt first, and then to the oldest due amounts.

Early payments do not entitle the client to any discount.

b) Late or non-payment:

In case of late payment, the client owes late interest calculated at the ECB refinancing rate plus 10 percentage points.

These late fees will automatically apply to all discounts or rebates owed by the company.

In any case, the client will also owe a recovery fee set at €40 per invoice as per Article D441-5 of the Commercial Code.

The client must reimburse all costs incurred in the recovery of outstanding payments or the forced return of our products.

In case of non-payment and 15 days after a demand by registered mail remains unfulfilled, the company may cancel the sale. The company may request, by summary proceedings, the return of unpaid products, without prejudice.

In case of contract termination due to non-payment of an order, our Company shall have the right to (i) condition the delivery of any other ongoing order upon prior payment of the full amount due, even if the corresponding invoice is not yet due, and to (ii) refuse any new orders until full payment of the amounts owed to our Company has been made.

c) Guarantee Requirements or Modification of Payment Terms:

Any order is accepted based on the Client’s legal, financial, and economic situation at the time of the order.

As a result, if our Company has valid or particular reasons to fear payment difficulties from the Client on the order date or thereafter, or if the Client no longer presents the same guarantees as at the date of the order's acceptance, our Company may make acceptance or continuation of the order conditional upon cash payment or upon the provision of guarantees by the Client in favor of our Company. If the Client refuses cash payment and no adequate guarantee is offered, our Company may refuse to fulfill the order(s) and deliver the related products, without the Client being able to claim unjustified refusal of sale or any compensation.

Article 12 – FINANCING

Our offers regarding product financing are subject to the subsequent acceptance of the application by a financial institution.

Financing of products by a financial institution must be clearly specified on the purchase order.

If there is no favorable response from the financing institution within 15 days from the Client’s order, our Company reserves the right to cancel the sale and, if applicable, refund any deposits paid by the Client.

Article 13 – RETENTION OF TITLE CLAUSE

In accordance with Article 2367 of the Civil Code, delivered goods remain our property until full payment of their price. As stated in Article 10(a), the presentation of a bill or any other instrument creating a payment obligation does not release the Client from the retention of title clause.

Until full payment is made, the Client may not resell the goods and undertakes to identify them as the property of our Company.

In case of non-payment of all or part of the price, our Company shall be entitled to demand the return of the unpaid products as a matter of right.

These provisions do not prevent the transfer to the Client, upon pickup, of the risks of loss and deterioration of the sold products, as well as any damages they may cause.

Article 14 – APPLICABLE LAW, JURISDICTION, DISPUTE RESOLUTION

This contract is governed by French law.

Any dispute related to an order placed by a merchant or commercial company falls under the jurisdiction of the Commercial Court in the jurisdiction where our Company's headquarters are located.

This clause applies even in cases of summary proceedings, incidental requests, multiple defendants, and regardless of the payment method or terms.