Classification by subject: Aff.
Article 1 Designation of the seller
Required information
The present site wwww.menestia.com is the property of the company Menestia SAS with the capital of 1000 € whose registered office is 1 Mail Gay Lussac 95000 NEUVILLE ON OISE RCS of PONTOISE number 829480367
Article 2- General provisions relating to these general conditions of sale (hereinafter the GTC)
2. 1. Purpose of the GTC
The GTC are applicable to the sale of any product presented on the site www.menestia.com whose access is free and free to any user.
2. 2. Scope of the GCS
The General Terms and Conditions of Sale exclusively govern the online sale of Menestia's products to buyers who are consumers (hereinafter consumers) and constitute with the online order the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of products that are only indicative.
The GTCS are exclusively applicable to products delivered to consumers established in France and / or in a member country of the European Union (France, Germany, Italy, Spain, Belgium, United Kingdom)
The GTC are written and all contractual information mentioned on the site in French
2. 3. Availability and opposability of the GSC
The GSC are made available to consumers on the seller's website where they are directly available.
The GTC are opposable to the consumer who recognizes, by checking a box provided for this purpose, to have known and accepted before ordering.
The validation of the order by its confirmation is worth adhesion by the purchaser with the GSC in force on the day of the order whose conservation and the reproduction are ensured by the professional salesman in accordance with article 1127-2 of the civil code (old C. civ., article 1369-4).
2. 4. Modification of the Terms and Conditions
The seller reserves the right to modify its Terms and Conditions at any time.
In case of modification of the GTC, the applicable GTC are those in force on the date of the order of which a copy dated to date can be given at its request to the consumer.
2. 5. Terms of the GSC
The nullity of a contractual clause does not entail the nullity of the GSC
The temporary or permanent non-application of one or more clauses of the GSC by the professional seller may not constitute a waiver of the other clauses of the GSC that continue to have effect.
Article 3- Products
3. 1. Features
The products offered for sale presented in the catalog published on the site are each subject to a description stating their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
3. 2. Instructions for use
The mode of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest on delivery.
3. 3. Compliance
The products comply with the requirements in force concerning the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market. For products offered for sale in a foreign country that is a member of the European Union
The products comply with the requirements of French law in force at the time of their placing on the market.
3. 4. Availability of stocks
Products are offered and delivered within the limits of available stocks.
In case of unavailability of the ordered product, the seller immediately informs the buyer and can offer him a product of equivalent quality and price or, failing that, a purchase order of the amount of the order usable for any next order.
In case of disagreement of the buyer, the seller proceeds to refund the sums paid within 14 days.
Apart from the reimbursement of the price of the unavailable product, the seller is not liable for any cancellation indemnity, unless the breach of the contract is personally attributable to him.
Article 4- Price
4. 1. Selling price
The selling prices, in accordance with Article L. 112-1 of the Consumer Code (former C. consom., Article L. 113-13), are indicated, for each product listed in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and charged extra.
The total amount owed by the consumer is indicated on the order confirmation page.
The selling price of the product is the one in force on the day of the order.
The selling price of the products does not include the postage charged in addition to the price.
In the event of promotion by the prizes, the professional salesman undertakes to apply the promotional price to any order placed during the advertising period made for the promotion.
4. 2. Modification
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
4. 3. Fees
The additional costs of transport, delivery or postage which the customer was able to read before the order, are fixed on the order form.
Fees that cannot be reasonably calculated in advance are due.
Article 5- Offer
5. 1. Domain
The online sales offers presented on the site are reserved for consumers residing in France and / or in a member country of the European Union and for deliveries in these same geographical areas (France, Germany, Italy, Spain, Belgium, United Kingdom -United).
5. 2. Duration
The online sales offers presented on the site are valid, in the absence of indication of specific duration, as long as the products appear in the electronic catalog and while stocks last.
5. 3. Acceptance
The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
Article 6- Order
6. 1. Steps to conclude the contract
To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the "Order" button and provides the information relating to the delivery and the method of payment.
The confirmation of the order entails acceptance of the GTCS and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
6. 2. Change of order
Any modification of order by the consumer after confirmation of his order is subject to the acceptance of the professional seller.
The professional seller reserves the right to make changes to the ordered product that are related to the technical evolution in the conditions provided for in article R. 212-4 of the Consumer Code (former C. consom., Art. R. 212-4, V).
6. 3. Validation of the order
The professional seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers.
Article 7- Contract
7. 1. Conclusion
The sales contract is formed at the time of the sending by the consumer of the confirmation of his order.
7. 2. Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code (former C. civ., Art 1348). These communications, purchase orders and invoices can be produced as proof of the contract.
Article 8- Payment
8. 1. Requirement
The price is due in full after confirmation of the order.
Excluding the sums paid which are refunded in the event of unavailability of the product ordered under the conditions set out in article 3-4 of the GTCS, any amount paid in advance on the price produces interest at the legal rate of interest. expiry of a period of three months from the payment until the delivery of the product or, failing that, the restitution of the amount paid to the order (C. consom., article L. 214 et seq .; C. Consum, Article L. 131-1).
Payment is made immediately with the order by credit card via paypal or Stripe module
8. 2. Additional payment
Article L. 121-18 of the Consumer Code (former C. consom., Art L. 114-1)
Prior to the conclusion of a sales or service contract, the trader obtains the express consent of the consumer for any additional payment in addition to the price of the main object of the contract. In the event that the additional payment results from a consumer's consent given by default, that is to say, in the absence of express opposition on his part to paid options that he has not solicited, the consumer can claim reimbursement of the sums paid for this additional payment.
8. 3. Securing the payment
The site is equipped with an online payment security system allowing the consumer to encrypt the transmission of his bank data via paypal or Stripe modules with an SSL certificate.
Article 9- Delivery
9. 1. Definition
Delivery means the transfer to the consumer of physical possession or control of the property.
9. 2. Delivery time
The professional seller undertakes, in accordance with the delivery deadline indicated on the website via the boxtal module for each of the products, to deliver the products within 14 days after receipt of order.
9. 3. Delayed delivery
When the ordered product is not delivered or the service is not provided on the date or expiry of the period mentioned on the order form, the consumer may, after unsuccessfully enjoining the seller to perform his obligation to delivery within a reasonable additional time, resolve the contract by registered letter with acknowledgment of receipt or by writing on another durable medium.
9. 4. Place of delivery
The products are delivered to the address indicated by the customer on the order form.
9. 5. Terms of delivery
Delivery is made by the direct delivery of the product to the buyer or, failing that, by the seller sending a notice of availability to the buyer.
Within a period of fifteen days from the notice of availability, the buyer must proceed to the withdrawal of the ordered product.
In the absence of withdrawal within the time indicated, the seller may, after a formal notice of the buyer, remained ineffective, proceed to the withdrawal, resolve the order and retain as compensation the down payment poured.
When the product is delivered to the address indicated on the order form by a carrier, it is up to the buyer to check in the presence of the deliveryman the condition of the delivered product and, in case of damage or missing, make reservations on the delivery note or on the transport receipt, and possibly refuse the product and notify the seller.
9. 6. Compliance of products
If the product does not comply with the order, the consumer must address a claim to the professional seller to obtain the replacement of the product.
9. 7. Unavailability of products
In case of unavailability of products on delivery, the professional seller may offer, under the conditions set out in article 3-4 of the GTCS, a product equivalent in quality and price.
9. 8. Failure to deliver
The total lack of delivery entails the automatic resolution of the sales contract.
9. 9. Delivery and transfer of risk
The risk of loss or damage to the property is transferred to the consumer at the moment when he takes, or a third party he has designated, physically possession of the property, without distinction according to its nature.
The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the risk of the seller.
The product, which is delivered to the consumer by a carrier chosen by him, travels at the risk of the consumer from the delivery of the goods to the carrier.
Article 10- Legal guarantee of conformity and guarantee of hidden defects
10. 1. Consumer information
All the products supplied by the seller benefit from the legal guarantee of conformity envisaged in articles L. 217-4 and following of the code of the consumption (C. consom., L. 211-4 with L. 211-14) or the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
Regardless of the commercial guarantee that may be granted, the seller is held liable for the lack of conformity of the object covered by the contract under the conditions of Article L. 217-4 et seq. Of the Consumer Code (former C. consom., Art. 211-4 et seq.) And hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the Civil Code.
10. 2. Implementation of the guarantee of conformity
The seller is obliged to deliver a good in accordance with the contract.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
When acting as a legal guarantee of conformity, the consumer:
- has a period of two years from delivery of the property to act;
- benefits from the replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code (former C. consom., Art L. 211-9);
10. 3. Implementation of the guarantee of hidden defects
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them.
The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
12. Claims
Warranty claims must be sent by email to the after-sales service: postmaster@menestia.com
The products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
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Article 13 - Clauses on guarantees
13. 1. Exempting clause
Exempt or limiting clauses of the rights granted to consumers under statutory warranties, which are deemed unwritten when they are concluded before any claim on his part, are valid when they are concluded after claim under Article L. 241-5 of the Consumer Code (former C. consom., Article L. 211-17).
13. 2. Law applicable to guarantees
Cross-border contracts in the internal market
French law applicable to the contract pursuant to Article 16 of the GTS cannot have the effect of depriving the consumer residing in another Member State of the provisions on the guarantees granted to him under his national law pursuant to the Directive of 25 May 1999 concerning the sale and guarantees of consumer goods.
Article 14- Liability
14. 1. Disclaimer
The responsibility of the professional seller cannot be engaged in case of non-performance or improper performance of the contract due either to the fact of the buyer, the insurmountable and unpredictable fact of a third party to the contract, or force majeure.
Cross-border contracts in the internal market
The professional seller cannot be held liable for non-compliance of the product with the legislation of the country of the consumer to whom it belongs to check if the product is not prohibited for sale in his country.
14. 2. Product safety defect
In case of damage caused by a product safety defect, the consumer must seek the liability of the manufacturer identifiable from the information on the product packaging or may be communicated by Menestia.
14. 3. Criminal clause
In all cases of non-performance of its obligations by the consumer, the deposit paid to the order remains acquired to the professional seller as compensation.
Note The amount of compensation provided by this clause may be reduced by the judge if it is excessive.
Article 15 Cancellation Clause
The resolution of the order in the cases provided for in these Terms will be pronounced by simple registered letter with acknowledgment of receipt or by electronic letter and will be automatically acquired without judicial formality.
Article 16 Right of withdrawal
Article L. 221-5 of the Consumer Code (former C. consom., Article L. 121-17, 2º) imposes prior information on the conditions, time and manner of exercise of the right of withdrawal and communication of the standard withdrawal form, a model of which is proposed in the appendix to Articles R. 121-21 and R. 121-23 of the Consumer Code.
The conditions, the period and the procedures for exercising the right of withdrawal are laid down in Article L. 221-5 of the Consumer Code (former C. consom., Article L. 121-17) and Articles L. 221-18 et seq. Of the Consumer Code (former C. consom., Articles L. 121-21 to L. 121-21-8).
The information referred to in 2o, 3o and 4o of Article L. 221-5 (former C. consom., Article L. 121-17) may be provided by means of the standard information notice in the Annex to Article R. 221-3 of the Consumer Code (former C. consom., art R. 121-2).
This model is reproduced in this document.
The company can also opt for another presentation of the information.
As this is general information, it is appropriate for the company to adapt it to its particular situation and to retain only the options that suit it.
16. 1. Conditions, period and methods of exercise
If you sign the contract, you will have the right to withdraw without giving any reason, within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or the third party you have designated to do so, physically takes possession of the property.
To exercise the right of withdrawal, you must notify us:
- your name, geographic address and, where available, your telephone number, fax number and e-mail address;
- as well as your decision to withdraw from the contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail as soon as these contact details are available and therefore appear on the standard form of withdrawal). You can use the withdrawal form template, but it is not mandatory.
If you use this option, we will send you an acknowledgment of receipt of the retraction on a durable medium without delay.
For the cancellation period of fourteen days to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of this period (for syntax reasons, the formula of the appendix to the Article R. 121-2 of the Consumer Code is not copied here). In all cases, the burden of proof for this exercise lies with the client.
16. 3. Model of a withdrawal form
The model withdrawal form is detachable and can be found at the bottom of the document.
Article 17- Intellectual property
The elements reproduced on the present site www.menestia.com (to give the list composed of photographs, visuals, texts, drawings and images), which are the exclusive property of the publisher, are protected by the right copyright, trademark law and patent law.
Any reproduction and dissemination of these elements, without prior written permission of the publisher, expose offenders to legal action.
Article 18- Processing of personal data (CNIL declaration number 2126077v0)
The computerized processing of personal data collected has for purposes, the management of orders, and the re-exploitation for commercial purposes. It has been declared to the CNIL, numbered 2126077v0
In accordance with the Data Protection Act, you have a right of access, rectification and, subject to the legal provisions applicable to the subject, deletion of data concerning you, the controller is the service Direction.
If you have previously accepted, you can receive emails or marketing SMS Menestia which you can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received and for SMS in clicking on STOP in each SMS received.
The collection of personal data, their use for the processing of orders and the creation of customer files and their dissemination to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned.
The processing of personal data, which are kept by the publisher for the sole purpose of proper administration of orders and commercial relations, is the subject of a declaration to the Commission Nationale Informatique et Libertés.
The consumer has at any time a right to access, modify, rectify and delete personal data concerning him.
Article 19- Mediation
19. 1. Prior complaint
In the event of a dispute, you must first contact the company's customer service department on 0601443965, from Thursday to Friday, except public or non-working day, from 9 am to 5 pm or by email postmaster@menestia.com or by post at Menestia, 1 Gay Mail Lussac 9500 NEUVILLE ON OISE.
19. 2. Request for mediation
In the event of failure of the claim to the consumer service or in the absence of response from this service within two months, the consumer may submit the dispute relating to the order form or to these GSCs against him professional salesman to a mediator who will try, in all independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The parties to the contract remain free to accept or refuse the use of mediation and, in case of recourse to mediation, to accept or reject the solution proposed by the mediator.
Article 20- Jurisdiction
In the absence of an amicable agreement, you can seize the court for any dispute relating to the existence, interpretation, conclusion, execution or breach of the contract as well as all documents related to this contract.
The competent court will be that of the defendant's place of residence or that of the place of actual delivery of the thing or of the performance of the service (Article 46 of the Code of Civil Procedure).
Article 21- Applicable law
This contract and the GSC governing it are subject to French law.
RETRACTION FORM
Annex to Article R. 211-1
MODEL RETRACT FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To ____________ (the professional inserts here his name, his geographical address and, where available, his fax number and email address)
I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the goods (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of the consumer (s): ____________
Address of the consumer (s): ____________
Signature of the consumer (s) (only in case of notification of this paper form): ____________
Date: ____________
(*) Delete the mention useless.
Annex to Article R. 224-5
TYPE OF RETRACTATION FORM
(The character size used cannot be less than a body character size 12)
(Please complete and use this form only if you wish to withdraw from the contract)
Attention ____________ (here the professional inserts his name, the geographic address to which the form is to be sent and, where available, his fax number and e-mail address)
I / We (*) hereby notify you (*) of my / our (*) retraction of the contract concluded on: ____________ (the date) and having for object the sale of the following property (s) (s) ): ____________ (indicate the object (s) of the contract)
Name of the consumer (s) -seller (s) ____________
Address of the consumer (s) -seller (s) ____________
Signature of the consumer (s) -seller (s) ____________
Dated
(*) Delete the useless mention
Article L. 224-99 of the Consumer Code provides that the performance of contractual obligations incumbent upon the parties is suspended until the expiry of the 24-hour withdrawal period. Consequently, after signature of the contract, the consumer-seller does not give the professional-buyer the object he wishes to sell before the expiry of this period and the professional-buyer does not pay him the price of the planned purchase. by the contract before the same term.
In accordance with Article R. 224-7 of the same Code, in order to exercise the right of withdrawal provided for in Article L. 224-99, the consumer-seller:
- hand over the detachable form to the professional, at the latest 24 hours after the day and time of the signing of the contract;
- or address the professional this form, by a means to certify the date and time of sending, no later than 24 hours from the day and time of signing the contract.
If the 24-hour period normally expires on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day, at the same time.
The sending or delivery of the form to the professional and within the time limit has the effect of canceling the purchase transaction. Otherwise, the contract is definitively concluded.
Annex to Article R. 221-3
INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
Right to retract
You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day (1).
To exercise the right of withdrawal, you must notify us (2) of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail). You can use the withdrawal form template, but it is not mandatory (3).
For the withdrawal period to be respected, it is sufficient that you transmit your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Retractation effects
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery charges (with the exception of additional charges arising from the fact that you have chosen, if delivery other than the less expensive standard delivery method proposed by us) without undue delay and, in any case, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will refund using the same means of payment as you used for the original transaction, unless you expressly agree otherwise; in any case, this refund will not incur any costs for you (4).
(5)
(6)
Instructions for completing the information:
(1) Insert one of the following passages in quotation marks:
(a) In the case of a service contract or a contract for the supply of water, gas or electricity when not packaged in a specific volume or quantity, district heating or digital content not provided on a physical medium: "from the conclusion of the contract";
b) In the case of a sales contract: "where you, or a third party other than the carrier and designated by you, physically take possession of the property. "
(c) In the case of a contract for several goods ordered by the consumer with a single order and if these goods are delivered separately: "where you, or a third party other than the carrier and designated by you, physically takes possession of the last good. "
(d) In the case of a contract for the delivery of a good in several lots or parts: "where you, or a third party other than the carrier and designated by you, physically take possession of the last lot or the last piece. "
(e) If it is a contract for the regular delivery of goods for a specified period of time: "where you, or a third party other than the carrier and designated by you, physically take possession of the first property. "
(2) Enter your name, geographic address and, where available, your telephone number, fax number and e-mail address.
(3) If you give the consumer the option of electronically completing and transmitting the information on his withdrawal from the contract on your website, insert the following text: "You can also fill out and send the model withdrawal form or any other declaration unambiguous on our website ____________ (the address of the website). If you use this option, we will promptly send you an acknowledgment of receipt of the retraction on a durable medium (for example, by email). " "
(4) In the case of a sales contract where you have not offered to recover the goods in the event of withdrawal, insert the following text: "We may defer repayment until we have received the goods or until you have provided proof of shipment of the goods, the date chosen being the date of the first of these facts ".
(5) If the consumer has received goods under the contract:
a) Insert:
"We will recover the good"; or
"You must return or return the property, to us or to ____________ (insert name and geographical address), if any, of the person authorized by you to receive the property without undue delay and, in any case, cause, no later than fourteen days after you have communicated to us your decision to withdraw from this contract. This period is considered respected if you return the good before the expiration of the period of fourteen days. "
b) Insert:
"We will cover the cost of returning the goods. "
"You will have to pay the direct costs of returning the goods. "
If, in the case of a distance contract, you do not offer to cover the cost of return of the property and the property, because of its nature, cannot normally be returned by mail: "You will have to take in charge of the direct costs of returning the goods, ____________ EUR. " or, if the cost of returning the property cannot reasonably be calculated in advance: "You will be responsible for the direct costs of returning the property. These costs are estimated at a maximum of approximately ____________EUR; or
If, in the case of an off-premises contract, the property, by its nature, cannot normally be returned by post and delivered to the consumer's home at the time of the conclusion of the contract: "We will recover the property at our own expense. And
c) Insert: "You are only liable for the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good. "
(6) In the case of a contract for the provision of services or the supply of water, gas or electricity when not packaged in a defined volume or quantity, or for district heating, insert the following text: "If you have requested to start providing services or supplying water / gas / electricity / district heating [remove unnecessary entries] during the withdrawal period, you will have to pay us a proportionate amount to what has been provided to you until you have informed us of your withdrawal from this contract, in relation to all the benefits provided for in the contract.