General Terms and Conditions of Sale
The website www.minodusud.com is published by the simplified joint-stock company MINODUSUD RCS Draguignan under n° 823 504 451 and of which the n° of intracommunity VAT is FR92 823 504 451. SAS capital of 10 000 €.
SAS MINODUSUD
ROUTE DE SILLANS-LA-CASCADE
Zone Artisanale De La Combe, Lot n°9
83690 Salernes
04.94.70.08.22
serviceclient@minodusud.com
The following terms and conditions aim to define the legal framework which will apply in the relations between the company MinoDuSud and the Client.
They have for object to define the mutual rights and obligations of both parties in the different steps of the order of one or several articles.
Anyone registering on the site must adhere to these general conditions of sale and accept them without reservation.
No purchase shall be made on the site without prior acceptance of these terms.
The user may at any time consult the general conditions of sale by clicking on the "Terms of sale" appearing at the bottom of the screen.
MinoDuSud reserves the right to modify or adapt at any time without notice. Thus, the terms and conditions of sale applicable will be those in force on the date of the order. Also, the user is encouraged to consult them before each purchase as any order implies acceptance without reservations of the General Conditions of Sale.
Non-partial validity
These terms and conditions express the entire obligations of the parties. If a condition had suddenly been lacking, it would be considered as being governed by practices in force in the sector of distance selling.
If a particular stipulation of these conditions is held to be invalid or declared as such by a decision having force of res judicata of a competent court (change of legislation, regulation, court decision), the other provisions shall remain in full force and effect.
Limitation of customer
The items exhibited on the site are available for sale to non-commercial individuals.
Any user of the website declares to have the legal capacity to place an order on the site and allowing him to use a bank card.
- Registration on the site -
To be able to place an order, the Customer must first register on the site by creating an account combining the information of the Customer (the " Account ").
When creating its Account, the Customer must ensure the accuracy and completeness of the data that it provides. The Client is required to always update his personal information. In case of error in the recipient's contact information, MinoDuSud cannot be held responsible for the inability to deliver products.
- Products -
The products offered for sale are those described on the website the day of consultation of the website by the Customer, within the limit of stocks available. These indications are updated automatically in real-time.
MinoDuSud takes the greatest care in the presentation and description of these products to better satisfy the Customer's information. It is possible that the Client receives the result of a command to a piece previously returned by another person. It is stated that MinoDuSud will not accept the return of products that are intact and not worn, these two conditions being checked before that the returned products are returned to stock.
- Commands -
The making of an order on the site is subject to the observance of the procedure established by MinoDuSud on the site. This procedure consists of successive steps which lead to the validation of the order.
The Client can select as many products as they wish to be added to the basket (the "Basket").
The shopping Cart summarizes the products chosen by the Customer as well as the prices and the costs associated therewith. The Customer may freely modify the shopping Cart before validating his order. The validation of the order and ticking the corresponding check box is confirmation of the acceptance by the Customer of the general conditions of sale, the products purchased, their price, as well as the associated costs.
A confirmation email summarizing the order (product, price, quantity...) will be sent to the Customer by MinoDuSud and another email confirming payment will be sent also to the Client by MinoDuSud. To this end, the Customer formally accepts the use of email for confirmation by the company MinoDuSud the content of the order. The invoices are available in the "My account" section of the site.
- Time-limits for the preparation and dispatch of the orders -
The whole team MinoDuSud makes every effort to prepare and send your order as quickly as possible.
Deliveries are made within the time period specified when placing the order. The deliveries take place in metropolitan France, in Corsica, in the overseas territories and around the world. It is your responsibility to provide us with exactly all the details necessary for the proper delivery of your order.
The modes of delivery are the following:
- delivery by Colissimo : delivery in 3 to 5 working days from placing the order – 6 € TTC
- delivery by TNT : delivery within 24 hours from the time of placing the order if the order is placed before 12PM, excluding weekends and public holidays, and in 48 hours, otherwise – 6 € INCL.
In the case where a delivery time would be longer than the time set forth above (for example, in the case of articles waiting for replenishment or period of high demand), the Customer will be informed of the delivery period applicable at the time of order.
- Prices and detailsss payment -
All displayed prices include the value added tax (VAT) applicable in France. This fee may be different depending on the country of billing.
For a delivery outside the european Union, the Customer must pay the customs duties, or other taxes payable in connection with the importation of goods into the country of the place of delivery. The formalities relating thereto are also the sole responsibility of the Customer. The Customer is solely responsible for verifying the possibilities of importing the Products ordered with regard to the rights of the territory of the country of delivery.
MinoDuSud reserves the right to modify its prices at any time but the products will be billed based on rates in effect at the time of the registration of the order, subject to availability.
The products are payable at time of order.
The settlement of purchases is made via the secure platform of our partner E. Transactions.
The Customer expressly acknowledges that the disclosure of his credit card number to MinoDuSud constitute an authorization to debit his Account up to the price of the products ordered. If applicable, a notification of cancellation of order for default in payment is sent to the Client by MinoDuSud on the email address provided by the Customer during his registration on the site.
The data recorded and stored by MinoDuSud constitute proof of the order and all past sales. The data recorded by E. Transactions constitute a proof of any financial transaction entered into between the Client and MinoDuSud.
- Delivery -
The delivery is made at the address of delivery indicated by the Customer, it being specified that this must be the residential address of the Customer, a natural person of his choice or a legal person (delivery to his business). The delivery cannot be performed neither in hotels, nor to po boxes.
So that delivery deadlines can be met, the Client must ensure they have provided accurate and complete information concerning the delivery address (such as : street number, building, stairs, access codes, names and/or intercom numbers, etc).
In the case of a breach of MinoDuSud to its obligation to effect delivery on the date specified or within the time specified, the Customer may cancel his order by registered letter with acknowledgement of receipt or by email (email sent to serviceclient@minodusud.com) if, after having enjoined MinoDuSud by registered letter with acknowledgement of receipt or by any other writing to make such delivery within a reasonable additional period of time, it has not managed to deliver the Client in the allotted time.
In case of cancellation of the order, MinoDuSud will refund total purchase of the Customer, delivery charges included, using the means of payment used at time of purchase, unless specifically requested by the Client. The refund will be made within 14 days from the date of cancellation of the order.
MinoDuSud will not be held responsible for the delay of delivery that is not his fault but attributable either to the consumer or to the unforeseeable and insurmountable third contract, or a case of force majeure in accordance with the provisions of article L. 221-15 of the consumer Code.
- Warranty on the items -
The documents, descriptions and information relating to the products listed on the site are not covered by any warranty with the exception of the guarantees provided by law, such as that detailed below.
MinoDuSud is liable for non-compliance and hidden defects under the conditions provided respectively by articles L. 217-1 and following of the consumer Code and 1641 of the civil Code.
Legal warranty of compliance
In accordance with the provisions of articles L. 217-4 and following of the consumer Code, the seller shall deliver a good in conformity with the contract and answers defects of compliance existing during the issuance. The seller is also liable for defects of conformity resulting from the packaging, instructions for assembly or installation when it was put at its load by the contract or was realized under its responsibility.
In accordance with article L. 217-5 of the consumer Code, the property is in conformity with the contract : 1° If it is specific to the usually awaited use of a similar good and, if necessary : - if it corresponds to the description given by the seller and possess the qualities that the seller presented to the buyer as a sample or model ; - it has all the qualities that a purchaser can legitimately expect given the public statements made by the seller, by the producer or his representative, particularly in advertising or labelling ; 2° Or present the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the purchaser, brought to the knowledge of the seller and the latter accepted.
In accordance with article L. 217-12 of the consumer Code, the action resulting from a defect of conformity is prescribed by two years from delivery of the goods.
In case of lack of conformity, within 2 years after the delivery of the product, you have the right to request that MinoDuSud :
(a) repair the lack of conformity of the purchased property or replace the latter free of charge, in accordance with article L. 217-9 of the consumer Code ; or
(b) to reduce the price appropriately, or terminate the contract, in accordance with article L. 217-10 of the consumer Code.
We can, however, choose not according to your choice if this choice involves a manifestly disproportionate to cost the other modality, given the value of the property or the importance of the defect.
For the period of 24 months following the delivery of the property, you are exempt from providing proof of the existence of the defect of conformity.
Warranty against hidden defects
You can also exercise the warranty against hidden defects as per article 1641 of the civil Code.
In accordance with article 1641 of the civil Code, the seller is obliged to guarantee against hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it or would only have given a lesser price if he had known.
In this case, you can choose between the rescission of the sale or reduction of price of sale in accordance with article 1644 of the civil Code.
In accordance with article 1648 paragraph 1 of the civil Code, the action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.
- The return - right of withdrawal -
How to exercise your right of withdrawal
In accordance with the provisions of article L. 221-18 and following of the consumer Code, the Customer may abandon at his order without giving any reason. It has to do this to a faculty of withdrawal. He can exercise it within the period of 14 days from the receipt of the product by him or by a third party designated by him (except the carrier).
To exercise your right of cancellation, you must notify us of your decision to withdraw below by means of a statement devoid of ambiguity by mail, by electronic mail or directly via your Account MinoDuSud, within 14 days of receipt of your order.
You can to do so use the withdrawal form below, although this is not mandatory:
Withdrawal form
Has the attention of MinoDuSud - Route de Sillans-la-cascade, Zone Artisanale Combe Batch n°9, or serviceclient@minodusud.com :
I/we [*] you notify/notify [*] by this my/our [*] cancellation of the contract for the sale of the property [*] /for the provision of services (*) below :
Ordered on (*)/received on (*) :
Name of the consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
In order to comply the withdrawal period it is sufficient that you send us your request of cancellation before the expiry of the period of withdrawal.
How to return a product
To return your purchase, follow the steps below :
- log in to your Account.
- it is then enough to check the products and quantities to return.
1 – Advertise
Go to your MY ACCOUNT / MY ORDERS to make a return request. Follow the steps, it's easy !
For any return you need to print and attach to the parcel a good return you need to fill in your customer area provided for this purpose. After receipt of your request for return you can send us the return package.
2 - Prepare
Slip in your return package the delivery note or the invoice that was originally received with your order, after having taken care to specify the products you return to us, as well as your right of return.
3 - Send
Return your package and we take care of everything !
The return postage in MinoDuSud are: free zones in France and Belgium, and are made via Colissimo. Any forwarding outside of these areas, and all additional costs are to be borne by the Customer.
Returned items must be in perfect condition (unwashed and with no marks of wear or damage), with the original labels. MinoDuSud reserves the right to reject returns sent or communicated after the date of return, or the items that are not in the same state as that in which they were received, to the extent that this is not the result of manipulations which are necessary to establish the nature, characteristics and functioning of the articles.
Effects of withdrawal
In accordance with the regulations in force, the Client will be reimbursed of its purchases as well as shipping costs may be paid. Once the return is accepted, the Customer will be refunded via the same method of payment used to make the purchase, unless it expressly agrees to a different means.
Once the return is accepted you will receive a confirmation e-mail indicating that the refund will be credited to your account in the next few days, and no later than fourteen (14) days from the day on which we are informed of your decision of withdrawal.
We may withhold the reimbursement until we have received the goods or until you have provided proof of shipment of the property, whichever is the first of these facts.
In case of error refund please contact our customer service. We will solve the problem in the shortest possible time.
- Responsibilitye -
We disclaim all liability and responsibility arising from:
- all damages resulting from an event of force majeure within the meaning of article 1218 of the civil Code ;
- for any damage not resulting from our breach of our legal or contractual obligations ;
- for any indirect.
- Applicable law - settlement of disputes -
The present general conditions of sale, the formation, interpretation, performance, termination or expiration are subject to French law.
In the event of a dispute, we ask you to address as a priority the Customer Service of MinoDuSud by calling 04.94.70.08.22 or by e-mail at : serviceclient@minodusud.com. In the event we are unable to resolve a dispute through our internal procedure for dispute resolution or if you are not satisfied with the solution proposed by our internal dispute resolution, and if your complaint has been formed there is less than a year, you can send your complaint to our ombudsman : MEDICYS:
- electronically on the website https://conso.medicys.fr/, or
- by post to the address MEDICYS – 73, Boulevard de Clichy, 75009 Paris, france
Any dispute relating to these terms and conditions, to the formation, interpretation, performance, termination or expiration falls within the exclusive jurisdiction of the French courts.
- Données personal and cookies -
All your Account information are only used in the context of your business relationship with www.minodusud.com. These information are never shared with third parties or resold. Finally, your bank details are never in our possession. The transactions are entirely processed by Paypal or the secure payment module of our partner E. transactions. For more information about the treatments carried out by MinoDuSud on your personal data, please refer to our privacy policy accessible at [insert link to privacy policy].
The Site uses cookies (cookies) that the user is informed on arrival at the site on the internet that allow you to record information about the navigation of the computer on the website. These cookies are only installed after acceptance by the user, the pursuit of the navigation on the web site is worth acceptance. The user can oppose the use of these cookies by configuring his browser, knowing that access to some services may require prior acceptance by the user of cookies. For more information about the cookies used on our site, please refer to our privacy policy accessible at [insert link to privacy policy].
