Terms and Conditions
PREAMBLE
BY MANIE. provides you with an online shopping service that allows you to purchase items available in our online store from your device. We invite you to read below the general terms and conditions of sale governing the purchase of BY MANIE. products through the website www.bymanie.com (the "website").
In this regard, the use of this website constitutes, to the extent that it is applicable to you, your acceptance of these general terms and conditions of sale. However, if you have any questions about them, you can contact us by email at contact@bymanie.com or by clicking on the contact form accessible via the home page of the site.
DEFINITION OF PARTIES
Between the Company BY MANIE., 8 Résidence Pierre Szekely, registered in the Trade and Companies Register of Lille, under SIRET number 91168280500013, represented by Marine GRALEPOIS as Manager, duly authorized for the purposes hereof on the one hand, and the natural or legal person purchasing products or services from the company, hereinafter, "the Buyer", or "the Customer" on the other hand.
ARTICLE 1 - ENTIRETY
These general terms and conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation. These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the website www.bymanie.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are posted online. If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
ARTICLE 2 - CONTENT
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.bymanie.com . These conditions concern the purchases of all products available on www.bymanie.com . The buyer declares to have read these general terms and conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this respect, they are enforceable against him in accordance with the terms of article 1119 of the civil code.
ARTICLE 3 - PRE-CONTRACTUAL INFORMATION
3.1 The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.
3.2 The following information is transmitted to the buyer in a clear and comprehensible manner:
BY MANIE. provides you with an online shopping service that allows you to purchase items available in our online store from your device. We invite you to read below the general terms and conditions of sale governing the purchase of BY MANIE. products through the website www.bymanie.com (the "website").
In this regard, the use of this website constitutes, to the extent that it is applicable to you, your acceptance of these general terms and conditions of sale. However, if you have any questions about them, you can contact us by email at contact@bymanie.com or by clicking on the contact form accessible via the home page of the site.
DEFINITION OF PARTIES
Between the Company BY MANIE., 8 Résidence Pierre Szekely, registered in the Trade and Companies Register of Lille, under SIRET number 91168280500013, represented by Marine GRALEPOIS as Manager, duly authorized for the purposes hereof on the one hand, and the natural or legal person purchasing products or services from the company, hereinafter, "the Buyer", or "the Customer" on the other hand.
ARTICLE 1 - ENTIRETY
These general terms and conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation. These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the website www.bymanie.com and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are posted online. If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
ARTICLE 2 - CONTENT
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.bymanie.com . These conditions concern the purchases of all products available on www.bymanie.com . The buyer declares to have read these general terms and conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this respect, they are enforceable against him in accordance with the terms of article 1119 of the civil code.
ARTICLE 3 - PRE-CONTRACTUAL INFORMATION
3.1 The buyer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in article L. 221-5 of the Consumer Code.
3.2 The following information is transmitted to the buyer in a clear and comprehensible manner:
- the essential characteristics of the good or service;
- the price of the good or service;
- all additional transport, delivery or postage costs and any other possible costs;
- in the absence of immediate execution of the contract, the date or period by which the service provider undertakes to deliver the goods or perform the service, whatever its price;
3.3 The seller communicates the following information to the buyer:
- its name or business name, the geographic address of its establishment and, if different, that of the head office, its telephone number and its email address;
- the terms of payment, delivery and execution of the contract, as well as the terms provided by the professional for the processing of complaints;
- in the event of a sale, the existence and terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code, the guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and after-sales service respectively referred to in Articles L. 217-15 and L. 217-17 of the Consumer Code;
3.4 The seller indicates, with regard to digital content: any relevant interoperability of this content with certain hardware or software of which the professional is or should reasonably be aware.
ARTICLE 4 - THE ORDER
The buyer has the possibility to place his order online, from the online catalog and using the form contained therein, for any product, within the limit of available stocks. In the event of unavailability of an ordered product, the buyer will be informed by e-mail.
For the order to be validated, the buyer must choose the address and delivery method, and finally validate the payment method. The sale will be considered final:
ARTICLE 4 - THE ORDER
The buyer has the possibility to place his order online, from the online catalog and using the form contained therein, for any product, within the limit of available stocks. In the event of unavailability of an ordered product, the buyer will be informed by e-mail.
For the order to be validated, the buyer must choose the address and delivery method, and finally validate the payment method. The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by e-mail;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. The cancellation of the order for this product and its possible refund will then be made, the remainder of the order remaining firm and final.
For any questions regarding the tracking of an order, the buyer receives an email containing a link to the tracking information, but can also contact: contact@bymanie.com . An invoice is available for download in the order acceptance confirmation email, otherwise you can also contact contact@bymanie.com .
ARTICLE 5 - ELECTRONIC SIGNATURE
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. The cancellation of the order for this product and its possible refund will then be made, the remainder of the order remaining firm and final.
For any questions regarding the tracking of an order, the buyer receives an email containing a link to the tracking information, but can also contact: contact@bymanie.com . An invoice is available for download in the order acceptance confirmation email, otherwise you can also contact contact@bymanie.com .
ARTICLE 5 - ELECTRONIC SIGNATURE
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:
- due date of the amounts due under the purchase order,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact contact@bymanie.com .
ARTICLE 6 - ORDER CONFIRMATION
The seller provides the buyer with a copy of the purchase order by email, confirming the express commitment of the parties.
ARTICLE 7 - PROOF OF TRANSACTION
The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
ARTICLE 8 - PRODUCT INFORMATION
The products governed by these general conditions are those which appear on the website of Madame Marine GRALEPOIS, www.bymanie.com and which are indicated as sold and shipped by Madame Marine GRALEPOIS. They are offered within the limit of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable. The photographs of the products are not contractual.
ARTICLE 6 - ORDER CONFIRMATION
The seller provides the buyer with a copy of the purchase order by email, confirming the express commitment of the parties.
ARTICLE 7 - PROOF OF TRANSACTION
The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
ARTICLE 8 - PRODUCT INFORMATION
The products governed by these general conditions are those which appear on the website of Madame Marine GRALEPOIS, www.bymanie.com and which are indicated as sold and shipped by Madame Marine GRALEPOIS. They are offered within the limit of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable. The photographs of the products are not contractual.
It is possible that the Customer may receive, following an Order, a part previously returned by another person. It is specified that Benda Bili only accepts the return of intact and unworn Products, these two conditions being checked before the returned Products are put back into stock.
ARTICLE 9 - PRICE
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not take into account delivery costs, invoiced in addition, and indicated before validation of the order.
Prices are exclusive of taxes and do not include applicable VAT. Payment of the full price must be made when ordering. At no time may the amounts paid be considered as deposits or down payments. If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the sale price of the products.
ARTICLE 10 - METHOD OF PAYMENT
This is an order with payment obligation, which means that placing the order implies payment by the buyer. To pay for his order, the buyer has the choice of all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the order form.
The seller reserves the right to suspend any order management and delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.
The seller has set up an order verification procedure to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will then only be validated after receipt and verification by the seller of the documents sent. Payment of the price is made in cash upon ordering.
ARTICLE 11 - AVAILABILITY OF PRODUCTS - REIMBURSEMENT - RESOLUTION
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below.
Shipping times run from the date of registration of the order indicated on the order confirmation email. Shipments are made within 30 working days from the date of placing the order. In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period. In the absence of performance at the end of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium to Marine GRALEPOIS, BY MANIE. - 8 résidence Pierre Szekely - 59300 Valenciennes, France. The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated. In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased.
In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the option to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
ARTICLE 12 - DELIVERY TERMS
Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller's banking institution.
The products ordered are delivered according to the following terms:
ARTICLE 9 - PRICE
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not take into account delivery costs, invoiced in addition, and indicated before validation of the order.
Prices are exclusive of taxes and do not include applicable VAT. Payment of the full price must be made when ordering. At no time may the amounts paid be considered as deposits or down payments. If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the sale price of the products.
ARTICLE 10 - METHOD OF PAYMENT
This is an order with payment obligation, which means that placing the order implies payment by the buyer. To pay for his order, the buyer has the choice of all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the order form.
The seller reserves the right to suspend any order management and delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.
The seller has set up an order verification procedure to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will then only be validated after receipt and verification by the seller of the documents sent. Payment of the price is made in cash upon ordering.
ARTICLE 11 - AVAILABILITY OF PRODUCTS - REIMBURSEMENT - RESOLUTION
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below.
Shipping times run from the date of registration of the order indicated on the order confirmation email. Shipments are made within 30 working days from the date of placing the order. In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period. In the absence of performance at the end of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium to Marine GRALEPOIS, BY MANIE. - 8 résidence Pierre Szekely - 59300 Valenciennes, France. The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated. In accordance with Article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased.
In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the option to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest of their payment, or an exchange of the product.
ARTICLE 12 - DELIVERY TERMS
Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller's banking institution.
The products ordered are delivered according to the following terms:
- Colissimo France shipping: €8
- DHL Parcel Shipping European Union: €16
- DHL Parcel Shipping rest of the world: €29
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address by making a request by email to contact@bymanie.com .
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected from the location and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery slip, damaged package, broken products, etc.). This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery slip. The buyer must then confirm these reservations by registered letter to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
ARTICLE 13 - DELIVERY ERRORS
The buyer must make any claim to the seller on the same day of delivery or at the latest on the first working day following delivery, for delivery errors and/or non-conformity of the products in nature or quality compared to the information on the order form. Any claim made after this deadline will be rejected. The claim may be made by email to contact@bymanie.com . Any claim not made in accordance with the rules defined above and within the time limits specified will not be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the buyer. The exchange of a product can only take place after the assignment of the exchange number. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, to the following address: Camille GOUHIER, MAISON JALAN - 9 rue des cerneaux - 38500 Voiron, France. Return costs are the responsibility of the seller.
ARTICLE 14 - TRANSFER OF RISKS
Ownership of the thing sold is transferred to the buyer as soon as the parties agree on the thing and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the buyer's expense, upon acceptance of the purchase order by the seller. Delivery is deemed to have been made upon delivery of the products ordered by the seller to the carrier. Under these conditions, the buyer therefore has no recourse under warranty against the seller in the event of failure to deliver the transported goods.
ARTICLE 15 - LEGAL GUARANTEE OF CONFORMITY AND LEGAL GUARANTEE OF HIDDEN DEFECTS
Mrs. Camille GOUHIER, MAISON JALAN - 9 rue des cerneaux - 38500 Voiron, France, guarantees the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.
ARTICLE 16 - RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
However, the products must be returned in their original packaging and in perfect condition within 14 days of notifying the seller of the buyer's decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-sold as new, accompanied by the order form or at least its number in order to identify the buyer. Damaged, soiled or incomplete products will not be accepted.
The right of withdrawal can be exercised by e-mail to contact@bymanie.com , must be unambiguous and express the desire to withdraw. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed. Return costs are the responsibility of the buyer. Exchanges are not accepted.
ARTICLE 17 - FORCE MAJEURE
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance. The following shall be considered cases of force majeure: any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts more than three months, these general conditions may be terminated by the injured party.
ARTICLE 18 - INTELLECTUAL PROPERTY
The content of the website (Presentation, layout, logo, technical documents, photographs, etc.) remains the property of Mrs. Camille GOUHIER, the sole holder of intellectual property rights over this content. Buyers and others agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
ARTICLE 19 - DATA PROTECTION AND FREEDOM
The personal data provided by the buyer are necessary for processing his order and for issuing invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated via the website www.bymanie.com will be declared to the CNIL. The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him.
ARTICLE 20 - PARTIAL NON-VALIDATION
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
ARTICLE 21 - NON-WAIVER
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions, cannot be interpreted for the future as a waiver of the obligation in question.
ARTICLE 22 - TITLES
In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses, and any of the clauses, the headings shall be declared non-existent.
ARTICLE 23 - LANGUAGE OF THE CONTRACT
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 24 - MEDIATION
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 25 - APPLICABLE LAW
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected from the location and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing compared to the delivery slip, damaged package, broken products, etc.). This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery slip. The buyer must then confirm these reservations by registered letter to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
ARTICLE 13 - DELIVERY ERRORS
The buyer must make any claim to the seller on the same day of delivery or at the latest on the first working day following delivery, for delivery errors and/or non-conformity of the products in nature or quality compared to the information on the order form. Any claim made after this deadline will be rejected. The claim may be made by email to contact@bymanie.com . Any claim not made in accordance with the rules defined above and within the time limits specified will not be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the buyer. The exchange of a product can only take place after the assignment of the exchange number. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, to the following address: Camille GOUHIER, MAISON JALAN - 9 rue des cerneaux - 38500 Voiron, France. Return costs are the responsibility of the seller.
ARTICLE 14 - TRANSFER OF RISKS
Ownership of the thing sold is transferred to the buyer as soon as the parties agree on the thing and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the buyer's expense, upon acceptance of the purchase order by the seller. Delivery is deemed to have been made upon delivery of the products ordered by the seller to the carrier. Under these conditions, the buyer therefore has no recourse under warranty against the seller in the event of failure to deliver the transported goods.
ARTICLE 15 - LEGAL GUARANTEE OF CONFORMITY AND LEGAL GUARANTEE OF HIDDEN DEFECTS
Mrs. Camille GOUHIER, MAISON JALAN - 9 rue des cerneaux - 38500 Voiron, France, guarantees the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.
ARTICLE 16 - RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
However, the products must be returned in their original packaging and in perfect condition within 14 days of notifying the seller of the buyer's decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-sold as new, accompanied by the order form or at least its number in order to identify the buyer. Damaged, soiled or incomplete products will not be accepted.
The right of withdrawal can be exercised by e-mail to contact@bymanie.com , must be unambiguous and express the desire to withdraw. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed. Return costs are the responsibility of the buyer. Exchanges are not accepted.
ARTICLE 17 - FORCE MAJEURE
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance. The following shall be considered cases of force majeure: any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts more than three months, these general conditions may be terminated by the injured party.
ARTICLE 18 - INTELLECTUAL PROPERTY
The content of the website (Presentation, layout, logo, technical documents, photographs, etc.) remains the property of Mrs. Camille GOUHIER, the sole holder of intellectual property rights over this content. Buyers and others agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
ARTICLE 19 - DATA PROTECTION AND FREEDOM
The personal data provided by the buyer are necessary for processing his order and for issuing invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated via the website www.bymanie.com will be declared to the CNIL. The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him.
ARTICLE 20 - PARTIAL NON-VALIDATION
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
ARTICLE 21 - NON-WAIVER
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions, cannot be interpreted for the future as a waiver of the obligation in question.
ARTICLE 22 - TITLES
In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses, and any of the clauses, the headings shall be declared non-existent.
ARTICLE 23 - LANGUAGE OF THE CONTRACT
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
ARTICLE 24 - MEDIATION
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 25 - APPLICABLE LAW
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.