These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CUSTOMER") on the website https://www.marclebihan.fr/ (hereinafter the "WEBSITE") from MLB ONLINE, SAS registered with the Paris Trade and Companies Register under number 512 141 649, having its registered office at MLB ONLINE, 8 Boulevard de la Madeleine, 75009 PARIS, France, (hereinafter the "SELLER").

IMPORTANT

Any order placed on the WEBSITE implies the CLIENT's unreserved acceptance of these general terms and conditions of sale.

Article 1. Definitions

The terms used below have the following meaning in these General Conditions :


  • « CUSTOMER »: refers to the SELLER's co-contracting party, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that this CUSTOMER acts outside any usual or commercial activity.
  • « DELIVERY »: means the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of the order.
  • « PRODUCTS »: refers to all of the products available on the WEBSITE.
  • « TERRITOIRE »: Refers to Metropolitan FRANCE (excluding DOM/TOM).

Article 2. Subject

The present General Terms and Conditions govern the sale by the SELLER to his CUSTOMERS of the PRODUCTS.
The CLIENT is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.

Article 3. Acceptance of the general terms and conditions

The CLIENT undertakes to read these General Terms and Conditions carefully and to accept them before proceeding with the payment of an order for PRODUCTS placed on the WEBSITE.
The present General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to carefully read, download and print the General Conditions and to keep a copy of them.
The SELLER advises the CLIENT to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order for PRODUCTS. By clicking on the first button to place the order and then on the second button to confirm said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.

Article 4. Purchase of products on the site

In order to be able to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to justify the agreement of his legal representatives.
The CLIENT will be invited to provide information allowing him/her to be identified by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by the SELLER. The CLIENT can check the status of his order on the WEBSITE. The tracking of DELIVERIES may, if necessary, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, via our contact form, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and the information provided.

Article 5. Orders
Article 5.1 Characteristics of the products

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CLIENT must receive by virtue of the applicable law (in these General Conditions).

The CLIENT undertakes to read this information carefully before placing an order on the WEBSITE. Unless expressly indicated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.

Article 5.2. Order procedure

Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's home page, the steps may differ slightly).

5.2.1. Selection of PRODUCTS and purchase options

The CUSTOMER shall select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CLIENT's basket. The CUSTOMER can then add as many PRODUCTS to his basket as he wishes.

5.2.2. Orders

Once the PRODUCTS have been selected and placed in the shopping basket, the CUSTOMER must click on the basket and check that the contents of the order are correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register.

Once the CUSTOMER has validated the contents of the basket and has identified/registered, an online form will be displayed to the CUSTOMER's attention, automatically completed and summarising the price, applicable taxes and, where applicable, delivery costs.

The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.

The CLIENT may then proceed to pay for the PRODUCTS by following the instructions appearing on the WEBSITE and provide all the information necessary for invoicing and DELIVERY of the PRODUCTS. Concerning the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.

The CLIENT must also select the delivery method chosen.

5.2.3. Acknowledgement of receipt

Once all the steps described above have been completed, a page will appear on the WEBSITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated through the registration form is correct.
The SELLER shall not send any order confirmation by post or fax.

5.2.4. Invoicing

During the order procedure, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).

In particular, the CLIENT must clearly indicate all information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address.

The CLIENT must then specify the chosen method of payment.

Neither the order form that the CLIENT draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CLIENT by e-mail shall constitute an invoice. Regardless of the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.

Article 5.3. Date of the order

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the WEBSITE only start to run from this date.

Article 5.4. Prices

For all PRODUCTS, the CLIENT will find on the WEBSITE prices displayed in euros, including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).

In particular, prices include value added tax (VAT) at the rate in force at the date of order. Any change in the applicable rate may affect the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the WEBSITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except in the case of gross error. The applicable price is the price indicated on the WEBSITE on the date the order is placed by the CLIENT.

Article 5.5. Availability of PRODUCTS

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.

In any event, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.

The SELLER may, at the request of the CLIENT :
- Either offer to ship all the PRODUCTS at the same time as soon as the PRODUCTS that are out of stock are available again,

- Either proceed with a partial shipment of the PRODUCTS available at first, then with the shipment of the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,

- Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CLIENT decides to cancel its order for unavailable PRODUCTS, it shall obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.

Article 6. Right of retraction

The terms and conditions of the right of withdrawal are provided for in the "withdrawal policy", which is available in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hyperlink.

Article 7. Payment
7.1. Means of payment

The CLIENT may pay for its PRODUCTS online on the WEBSITE according to the means proposed by the SELLER.

The CLIENT guarantees the SELLER that it holds all the authorisations required to use the chosen means of payment.

The SELLER shall take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of online payment on the SITE.

In this respect, it is specified that all the payment information provided on the SITE is transmitted to the bank of the SITE and is not processed on the SITE.

7.2. Date of payment

In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the WEBSITE.

In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is dispatched. If the CLIENT decides to cancel its order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.

7.3. Delay or refusal of payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.

In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money owed by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.

Article 8. Proof and Archiving

Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.

The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CLIENT's request.

In the event of a dispute, the SELLER shall have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article 9. Transfer of ownership

The SELLER remains the owner of the PRODUCTS delivered until full payment by the CLIENT.

The above provisions shall not prevent the transfer to the CLIENT, upon receipt by it, or by a third party designated by it other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the reservation of ownership, as well as the risks of damage that they may entail.

Article 10. Delivery

The terms of DELIVERY of the PRODUCTS are set out in the "delivery policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.

Article 11. Packaging

The PRODUCTS will be packed in accordance with the transport regulations in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Annex 1 - Withdrawal Policy.

Article 12. Guarantees
12.1. Guarantee of conformity

Article L.211-4 of the French Consumer Code: “The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.”


Article L.211-5 of the French Consumer Code: To be in conformity with the contract, the goods must : ° Be fit for the use usually expected of a similar good and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;


2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.

The SELLER is obliged to deliver a PRODUCT that conforms, i.e. is suitable for the use expected of a similar good and corresponds to the description given on the WEBSITE. This conformity also assumes that the PRODUCT has the qualities that a buyer may legitimately expect in view of the public statements made by the SELLER, including in advertisements and on labels.

In this context, the SELLER may be held liable for defects of conformity existing at the time of delivery and for defects of conformity resulting from the packaging, assembly instructions or installation when the latter has been put at his expense or has been carried out under his responsibility.

The action resulting from the lack of conformity shall be time-barred after two (2) years from the delivery of the PRODUCT. (Article L.211-12 of the Consumer Code).

In the event of a lack of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at its discretion. However, if the cost of the CUSTOMER's choice is clearly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may make a refund, without following the option chosen by the CUSTOMER.

In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 8 boulevard de la Madeleine, 75009 PARIS.

Finally, the CLIENT is exempt from having to provide proof of the existence of the PRODUCT's lack of conformity during the six (6) months following delivery of the goods.

It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the PRODUCTS.

12.2. Warranty for hidden defects

The SELLER is bound by the guarantee on account of the hidden defects of the PRODUCT sold which render it unfit for the use for which it is intended, or which so diminish this use that the CLIENT would not have acquired it, or would only have paid a lower price for it, if he had known about them.

(Article 1641 of the Civil Code)

This guarantee allows the CLIENT who can prove the existence of a latent defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price if the PRODUCT is not returned.

In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 8 boulevard de la Madeleine, 75009 PARIS. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect.(Paragraph 1 of Article 1648 of the Civil Code)

Article 13. Responsibility

The SELLER's liability may under no circumstances be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, in particular when entering the order.

The SELLER may not be held liable, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.

It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published on them. Links to third party websites are provided for information purposes only and no guarantee is provided as to their content.

Article 14. Personal data

The SELLER collects on the WEBSITE personal data concerning its Customers, including by means of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.

The data collected by the SELLER is used in order to process orders placed on the SITE, manage the CLIENT's account, analyse orders and, if the CLIENT has chosen this option, send him/her commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.

The CLIENT's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.

The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that the latter have given their prior consent when registering on the WEBSITE.

The SELLER will specifically ask the CLIENTS if they wish their personal data to be disclosed. CLIENTS may change their mind at any time on the WEBSITE or by contacting the SELLER.

The SELLER may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.

In accordance with law n°78-17 of 6 January 1978 relating to data processing, data files and individual liberties, the CLIENT benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. The CUSTOMER may exercise this right by sending an e-mail to the following address: mlb@store-and-supply.com or by sending a letter to 8 Boulevard de la Madeleine, 75009 PARIS.

It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.

Article 15. Claims

The SELLER provides the CLIENT with a contact form.


Any written complaint by the CLIENT must be sent to the following address: 8 Boulevard de la Madeleine - 75009 PARIS

Article 16. Intellectual Property

All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the WEBSITE must request the SELLER's authorisation in writing.

This authorisation from the SELLER shall under no circumstances be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.

Article 17. Validity of the General Conditions

Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision in no way authorises the CUSTOMERS to disregard the present General Conditions.

Any conditions not expressly dealt with in the present Terms and Conditions shall be governed in accordance with the custom of the retail sector for companies whose registered office is located in France.

Article 18. Modification of the General Terms and Conditions

These Terms and Conditions apply to all online purchases made on the SITE, as long as the SITE is available online.

The General Conditions are dated accurately and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.

Changes made to the General Conditions shall not apply to PRODUCTS already purchased.

Article 19. Jurisdiction and applicable law

These General Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by French law.

In the event of a dispute, only the French courts shall be competent.

However, prior to any recourse to an arbitral or state judge, preference will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement when any dispute arises relating to this contract, including its validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties do not reach an agreement, the dispute will be submitted to the competent court designated hereafter.

During the entire negotiation process and until its outcome, the parties shall refrain from taking any legal action against each other and for the dispute that is the subject of the negotiation. By way of exception, the parties shall be entitled to apply to the court for interim relief or to request the issuance of an order on application. Any action before the court for interim measures or the implementation of proceedings on application shall not entail any waiver of the amicable settlement clause by the parties, unless they expressly agree otherwise.


ANNEX 1
WITHDRAWAL POLICY

Principle of retraction

The CLIENT has the right in principle to return or return the PRODUCT to the SELLER or to a person designated by the SELLER, without undue delay, and at the latest within fourteen (14) days following communication of its decision to withdraw, unless the SELLER proposes to recover the PRODUCT himself.

Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.

In the event that the CLIENT has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.

Notification of the right of withdrawal

n order to exercise its right of withdrawal, the CLIENT must notify its decision to withdraw from this contract by means of an unambiguous statement to : 8 Boulevard de la Madeleine – 75009 PARIS or via our contact form. />
It may also use the form below :



WITHDRAWAL FORM
For the attention of [*] (*SELLER's contact details)

SELLER's telephone number* :
SELLER's fax number* :
SELLER*'s e-mail address* :

I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below :

Reference of the PRODUCT
Invoice no. :
Purchase order number :
- Ordered on [____________]/received on [________________]
- Means of payment used :
- Name of the CUSTOMER and, if applicable, the beneficiary of the order :
- Address of the CLIENT :
- Delivery address :
- Signature of the CUSTOMER (except in the case of transmission by e-mail)
- Date



In order for the withdrawal period to be respected, the CUSTOMER must transmit its communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In the event of retraction by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER is informed of the CLIENT's wish to retract.

The SELLER shall make the refund using the same means of payment that the CLIENT used for the initial transaction, unless the CLIENT expressly agrees to a different means, in any event, this refund shall not incur any costs for the CLIENT.

The SELLER may postpone the refund until the goods have been received or until the CLIENT has provided proof of shipment of the goods, whichever occurs first.

Methods of return

The CUSTOMER shall, without undue delay and in any event no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to : 8 boulevard de la Madeleine, 75009 Paris

This deadline is deemed to have been met if the CUSTOMER returns the goods before the fourteen-day period has expired.

Return costs

The CUSTOMER shall bear the direct costs of returning the goods.

Condition of the returned goods

The PRODUCT must be returned according to the SELLER's instructions and include all the accessories delivered.

The CLIENT shall only be liable for any depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CLIENT has the possibility of testing the PRODUCT but its liability may be engaged if it carries out manipulations other than those necessary.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases :

  • Supply of goods or services whose price depends on fluctuations in the financial market
  • Supply of goods made according to the CUSTOMER's specifications or clearly personalised
  • Supply of goods likely to deteriorate or expire rapidly
  • Supply of sealed audio or video recordings or software that have been unsealed after delivery
  • Newspaper, periodical, magazine (except for subscription contracts)
  • Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
  • Supply of goods which by their nature are inseparably mixed with other items
  • Supplies of sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed by the CUSTOMER after DELIVERY
  • the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the real value of which depends on fluctuations in the market beyond the control of the SELLER
  • Supply of non-supplied digital content in dematerialised form if performance has begun with the consumer's express prior consent, who has also acknowledged that he will thereby lose his right of withdrawal
  • contracts concluded at a public auction



ANNEX 2

DELIVERY POLICY

Delivery zone
The PRODUCTS offered can only be delivered on the TERRITORY.

It is impossible to place an order for any delivery address outside this TERRITORY.

The PRODUCTS are shipped to the delivery address(es) that the CLIENT will have indicated during the ordering process.

Delivery time

The deadlines for preparing an order and then drawing up the invoice, before dispatch of the PRODUCTS in stock, are mentioned on the WEBSITE. These lead times do not include weekends or public holidays.

An electronic message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the electronic address given in the registration form is correct.

Delivery times & costs

During the order process, the SELLER shall indicate to the CLIENT the possible delivery times and shipping formulas for the PRODUCTS purchased.

The shipping costs are calculated according to the delivery method. The amount of these costs shall be payable by the CLIENT in addition to the price of the PRODUCTS purchased.

Details of delivery times and costs are detailed on the WEBSITE.

Terms of DELIVERY

The parcel will be given to the CUSTOMER against signature and on presentation of proof of identity.

If the CLIENT is absent, a delivery notice will be left with the CLIENT, to enable him to collect his parcel from the post office.

Delivery problems

The CUSTOMER is informed of the delivery date set at the time he chooses the carrier, at the end of the online ordering procedure, before confirming the order.

t is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give the SELLER formal notice to deliver within a reasonable period of time and in the event of non-delivery within this period, the CUSTOMER may cancel the contract.

The SELLER shall reimburse, without undue delay from receipt of the cancellation letter, the CLIENT the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method as that used by the CLIENT to purchase the PRODUCTS.

The SELLER shall be liable until delivery of the PRODUCT to the CLIENT. The CLIENT is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss observed upon delivery.