TERMS OF SALES

1. PREAMBLE

This website (www.monebari.fr) (hereinafter the “Site”) is published and managed by Monébari (hereinafter “Monébari”) micro enterprise with its head office located at 50 rue de Blossac, France, registered with the Registry of the Commercial Court of Poitiers under SIRET 815 406 335 000 27

The Company can be reached by email: hello@monebari.fr.

2. PURPOSE

This merchant site is accessible via the Internet network at the address www.monebari.fr (hereinafter referred to as the “Site”) and is open to any user of this network (hereinafter referred to as the “Buyer”).

These general conditions of sale (the “General Conditions”) are concluded between Monébari and any non-commercial natural person wishing to make a purchase on the Site (hereinafter the “Buyer”) (hereinafter together referred to as the “Parties” ).

The Site is published and managed by Monébari, a micro enterprise domiciled at 50 rue de Blossac 86000 Poitiers.

Any order placed on the Site requires prior consultation and full acceptance of these General Conditions, which can be consulted on the Site. The Parties therefore agree that their relations are governed by these General Conditions.

Monébari reserves the right to modify the General Conditions at any time, from time to time, and without notice by publishing a new version on the Site. The General Conditions may under no circumstances be subject to modification by the Buyer. The General Conditions in force are those present on the Site at the time the Buyer places the order on the Site.

If a condition of sale were to be missing, it would be considered to be governed by the provisions in force in the distance selling sector whose companies have their headquarters in France.

If one or more provisions of these General Conditions are rendered invalid pursuant to a French legal provision or a court decision, the other provisions will remain in force.

3. ORDERS

has. Buyer

The Buyer declares to have read and accepted these General Conditions in their entirety before placing and validating their order on the Site.

The Buyer, to be able to validly place an order on the Site, must be at least 18 years old and have legal capacity, or hold parental authorization allowing them to place an order on the Site. The Buyer therefore declares to have the capacity to enter into this contract and not to be under supervision.

Monébari reserves the right to ask any Buyer to provide proof of their age or parental authorization, and not to honor the Buyer's order in the event that the latter does not provide proof.

Monébari reserves the right to cancel an order (against reimbursement) which is presumed not to meet the above criteria, without its liability being incurred.

When the Buyer transmits to Monébari, via the Site, his contact details necessary for the delivery of the product(s) appearing on the Site, he must ensure the accuracy and completeness of the information he transmits. In the event of an error in the wording of the recipient's contact details, Monébari cannot be held responsible for the impossibility of delivering the product(s) ordered.

b. Products

The Monébari brand products (the “Product(s)”) offered for sale by Monébari are those present on the Site on the day the Buyer consults the Site. Monébari provides the greatest possible accuracy in the presentation and description of its Products on its Site. However, if non-substantial errors or omissions may have occurred in this presentation, it cannot be held liable.

Photographs of the Products are not contractual.

Monébari will honor orders placed by the Buyer within the limits of available stocks and will make its best efforts to keep the availability of the Products up to date on the Site.

In the event that, despite the vigilance of Monébari, one or more Products ordered by a Buyer were temporarily or permanently unavailable, or if the delivery times were to exceed by more than seven (7) days the date indicated at the time of the order (except in cases of force majeure), Monébari will inform the Buyer by email. The Buyer will then have the possibility to modify or cancel their order by email addressed to hello@monebari.fr. In the case of cancellation of an order due to a delay in delivery, the Buyer must express his desire to cancel or modify his order no later than one hundred (100) calendar days from the date indicated for the order. delivery of the order. In the circumstances of this paragraph, Monébari undertakes to reimburse the Buyer whose payment has already been debited as soon as possible and at the latest within twenty-five (25) days after the payment date. No additional compensation will be paid by Monébari to the Buyer in such cases.

vs. Prices

The prices of the Products indicated on the Site are in euros or any other currency, all French taxes included for orders in France.

In the event of discounts, these will be applied to the order in the Buyer's basket, if he meets the conditions to benefit from them and if he has correctly entered the promotional codes.

PLEASE NOTE: if the country of delivery is not part of the European Union, customs duties may be payable by the recipient. Monébari has no control over these costs which are the entire responsibility of the Buyer.

Monébari reserves the right to modify prices at any time, and without notice. The prices applicable to the Buyer's order will be those indicated on the Site at the time of validation of his order on the Site by the Buyer.

d. Payment

All purchases made on the Site are protected and secure 7 days a week, 24 hours a day. By clicking on the bank card of their choice, the customer is directed to the secure payment site OGONE (Ingenico) which integrates the standard of SSL security. When paying, the Customer indicates his card number, its expiry date and the cryptogram appearing on the back of his bank card.

This data is automatically transmitted in encrypted mode (SSL protocol) to be verified in order to avoid abuse and fraud.

The total amount to be paid for the order is indicated to the Buyer on the Internet page summarizing their “basket”, i.e. all the elements of their order. Before making payment, the Buyer therefore has the possibility to check the details of his order and its total price online, and to correct any errors.

Payment is due upon ordering, by credit card (including Amex) and Paypal only. The Buyer guarantees to Monébari that he is entitled to use the bank card used for payment. In the event that a Buyer's payment is rejected by the bank, Monébari reserves the right to cancel the shipment of their order. Any new order placed by this Buyer may be suspended or canceled by Monébari.

Only bank cards mentioned on the Site are accepted. The Buyer must provide on the Site, at the time of his order, the information relating to his bank card which will be requested (in particular the card number, the validity date and the cryptogram on the back of the card). Online payment is completely secure. The information transmitted is encrypted and only the online payment tool (managed by the Monébari bank) has access to it.

Payment constitutes the last step in validating the order. The Buyer may modify one of the elements of his order at any time, until he validates his payment. When payment is confirmed by the Buyer, the order is validated and becomes final.

The Buyer will receive an email from Monébari acknowledging receipt and summarizing the elements of the order he has placed, at the email address he has indicated.

The Buyer expressly acknowledges that the transmission - in addition to his first and last name as they appear on his bank card - of his card number, the expiry date of the latter and, above all, his cryptogram constitutes authorization of debit his account up to the Product(s) ordered on the Site.

The Buyer's bank card (or Paypal account) will be debited upon confirmation by the banking establishment of acceptance of the Buyer's payment.

The Products remain the full property of Monébari until full payment of the invoiced products, fees and taxes included.

e. Delivery

Upon confirmation by the Bank of acceptance of the Buyer's payment, Monébari will process the order within the limits of available stocks.

Orders are delivered to the delivery address indicated by the Buyer at the time of ordering on the Site, provided that the delivery information is correct.

Monébari having no control over these deadlines, the payment of penalties or compensation to the Buyer by Monébari will not be accepted.

Furthermore, the Buyer has the right to cancel his order under the terms of article 3-b of these General Terms and Conditions.

If, despite everything, delivery cannot take place, or if the Buyer refuses delivery, the package will be returned to Monébari.

Delivery times may vary depending on the country of destination chosen by the Buyer and which cannot, except in exceptional circumstances, exceed ten (10) days starting from the next day at 9 a.m. of an order placed by the Buyer from Monday to Friday.

Delivery times are in principle in working days (exceptions may nevertheless arise depending on the country of delivery, particularly within the European Union or internationally, outside the European Union: in such a case , the deadlines are then understood in working days).

Monébari cannot be responsible for the proper execution of the carriers' obligations to the extent that the resulting non-performance or poor performance of its own obligations towards the Buyer is attributable to the latter or to an unforeseeable and insurmountable fact of a third party to the distance sales contract concluded with the latter or in a case of force majeure (see art. L.121-20-3 of the Consumer Code).

In the same way and more generally, if the direct liability of Monébari were called into question, the Company may exonerate itself from all or part of the latter by providing proof that the non-performance or poor performance of the contract concluded with the Buyer is attributable, either to the latter or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

If the package arrives damaged or opened, the Buyer must refuse delivery by specifying the reason on the transport slip, or accept it by placing clear, precise and reasoned reservations on the transport slip. Any delivery of packages accepted without reservation on delivery will be deemed free from defects due to delivery.

f. Returns and right of withdrawal

In accordance with article L.121-20 of the Consumer Code, the Buyer benefits from a legal withdrawal period of up to fourteen (14) clear days from the date of receipt of the order, without having to provide a reason. As a matter of commercial policy, the Company accepts the extension of this period up to thirty (30) days.

To obtain a refund for a Product ordered or an exchange for another size or another Product (while stocks last), the Buyer must return, at his own expense, the Product, new and unworn, in its packaging. of origin, within thirty (30) clear days from the date of receipt of the order.

Prior to the return of the Product(s) by the Buyer, the latter must make a request for return or exchange by email to hello@monebari.fr

Returned packages must be sent exclusively to the following address:

Monébari, 8 rue de Montmorillon 86300 Chauvigny, France.

The Buyer is advised to keep proof provided by the postal services of the shipment of their package. In the event of non-receipt of the package by Monébari, and without proof of its correct distribution by the postal services, the Company cannot be held liable. Any risk linked to the return of the Product is the responsibility of the Buyer.

If the package was returned to Monébari without being opened, the costs of returning it to Monébari would be the responsibility of the Buyer.

In addition, if, unusually, the Buyer receives a Product from Monébari that does not correspond to his order, he will be invited to contact Monébari within ten (10) days following receipt of his order by email at hello@monebari.fr , so that Monébari confirms this non-compliance and indicates the referral procedure at Monébari's expense.

The Company does not accept returns of Products freight collect.

IMPORTANT: For returns/exchanges from non-EU countries , the Buyer must clearly indicate on the customs clearance shipping slip that this is a non-commercial shipment with no commercial value, to avoid payment of duty customs duties payable by Monébari. In the case of an exchange, Monébari will proceed in the same way to avoid a second payment of customs duties payable by the Buyer.

The Buyer will be reimbursed by the Company for the full amount he paid when ordering for the Product(s) he returned, with the exception of the return costs to Monébari. which remain the responsibility of the Buyer.

Returns received by Monébari that are not returned according to the procedures mentioned above may not be refunded by Monébari.

4. GUARANTEES

All Products sold on the Site published and managed by Monébari benefit from the legal guarantee of conformity provided for in articles L.211-4 to L.211-14 of the Consumer Code and the guarantee of defects in the item sold. 1641 to 1649 of the Civil Code.

5. INTELLECTUAL PROPERTY

Monébari owns the rights to this Site and all elements, brands, logos, illustrations, texts, sound elements, etc. appearing there.

Monébari does not grant any license or right other than the right to access and consult this Site.

The reproduction or use of all or part of the Site is only authorized for strictly personal and private information purposes. Any other use carried out without the prior written authorization of Monébari will constitute an infringement and may be punished as such.

6. COMPUTING AND FREEDOMS

The personal data communicated by the Buyer and collected by Monébari during the Buyer's order are mandatory and necessary for the processing and management of their order. Failure to provide these elements would not otherwise allow Monébari to process the Buyer's order.

In accordance with the Data Protection Act No. 78-17 of January 6, 1978 amended by Law No. 2004-801 of August 6, 2004, the Buyer has a right of access, rectification, opposition and cancellation of personal data concerning him from Monébari.

7. MISCELLANEOUS PROVISIONS

has. Computer or technical problems on the Site

Monébari declines all responsibility in the event of interruption, malfunction, or fraudulent intrusion on the Site.

Monébari cannot be held responsible in the event of loss of data or files following consultation of the Site. It is up to the Buyer to make all necessary backups before placing their order on the Site.

b. Force majeure

Monébari cannot be held liable for total or partial non-compliance with the obligations of these General Conditions in the event of the occurrence of an event of force majeure as referred to in article 1148 of the Civil Code.

8. APPLICABLE LAW AND JURISDICTION

These General Conditions are governed by French law regardless of the country of delivery.

In the absence of an amicable agreement which must be sought before any legal recourse, any dispute relating to the interpretation, execution or termination of the contract concluded between Monébari and the Buyer, even in the event of multiple defendants, will be of exclusive jurisdiction of the courts of Poitiers.

LEGAL NOTICE

This site is the property of the Monébari company whose head office is located
50 rue de Blossac 86000 Poitiers, France.

 

COPYRIGHT / COPYRIGHT

The brands and logos appearing on this site are registered trademarks. No license or right of use can be granted to any of the said brands or logos appearing on the site, which cannot therefore be used without the prior written consent of the owner.

The reproduction of all documents published on the site is only authorized for exclusively private information purposes. Any other use of these reproductions and in particular use for commercial purposes is expressly prohibited, without the prior written consent of Monébari.

Monébari reserves the right to pursue any act of infringement of its intellectual property rights, including in the context of criminal action.

RESPONSIBILITY

All information accessible via this site is provided as is. Monébari gives no guarantee, explicit or implicit, and assumes no liability which could result from access or use of this site including any damage or viruses which could infect the computer equipment or any other property of the site. user.

Monébari is not responsible for the accuracy, errors or omissions contained on this site. The photos of Monébari products presented on this site are not contractual. No guarantee is given as to the accuracy, precision or completeness of the information made available on the website. The user is solely responsible for the use of such information.

Monébari cannot be held responsible for any damage, whether direct or indirect, whatever the causes, origins, nature or consequences, caused by anyone's access to the site or the impossibility of accessing the site. access it, as well as the use of the site and/or credit given to any information coming directly or indirectly from the latter.

The user undertakes not to transmit on this site any information that could give rise to civil or criminal liability, and as such undertakes not to disclose illegal, contrary to public order or defamatory information via this site.

Sites external to Monébari having a hypertext link with this site are not under the control of Monébari, which therefore declines all responsibility for their content. These links to other sites do not in any way constitute an approval or partnership between Monébari and these sites, as they are subject to their own conditions of use and privacy protection policies. In addition, no natural or legal person is authorized to place a hypertext link directing to this Monébari site without the express prior authorization of Monébari.

COMPUTING AND FREEDOM

In accordance with the “Informatique et Libertés” laws n° 78-17 of January 6, 1978 and n° 2004-801 of August 6, 2004, any person who has left their contact details or other personal data on the site has the right to access, rectification, information or deletion of personal data concerning them to the following address: hello@monebari.fr

Monébari reserves the right to modify, terminate, suspend or interrupt at any time, for any reason and at its sole discretion, access to all or part of the site, including in particular the content, functionalities or services. hours of availability without prior notice, and cannot be held responsible for the possible consequences of these modifications.

These legal notices are subject to French law and any dispute will be brought before the competent courts of Paris.

For any comments and suggestions on the site, please contact Monébari