GENERAL CONDITIONS OF ONLINE DISTANCE SELLING Option Minceur
ARTICLE 1: GENERAL.
Any order of product marketed by Option Minceur, registered in Valencia - Spain Y4807883-T, implies the acceptance without any reservation of these general conditions which prevail over all the conditions of purchase regardless of the clauses that may appear on the possible documents of the buyer, knowing that the sales are normally intended for a professional clientele. The final buyer, hereinafter referred to as "the customer" acknowledges having previously received from Option Minceur all information and advice on the essential characteristics of the product sold. These conditions apply throughout the duration of the online publication of the products offered by Option Minceur
ARTICLE 2: PURPOSE:
This contract concerning the provision of services and goods over the Internet is concluded between Option Minceur and the customer within the framework of a distance selling system. The acceptance and confirmation of the order is carried out by entering data on successive screen pages.
ARTICLE 3: DELIVERY/ORDER
The terms of delivery are specified when placing the order. By order, we mean any order relating to our products appearing on our prices and accepted by our company. Delivery times for orders are given for information purposes only and any delays do not entitle the customer to cancel the sale, refuse the goods or claim damages. Delivery costs are the responsibility of the customer for delivery in 48 to 72 hours by Colissimo or equivalent. The products can only be delivered in metropolitan France, in the DOM-TOM and local authorities of the French Republic as well as in all the countries mentioned in the "delivery and shipping costs" section of the website, at the place indicated by the customer in his order. In case of partial availability of the Products ordered, the company Option Minceur may be required to make several shipments, only one being invoiced to the Customer. The products ordered will be delivered within a maximum period of 10 days from the receipt of the amount of the Products ordered. In the event that the Product ordered is unavailable, the Customer will be informed and the order canceled. Consequently, the Customer will be reimbursed without delay for the sums collected by Option Minceur under his order. Option Minceur using the services of a third party for the transport and delivery of the goods, it travels at its own risk. To allow option Minceur to preserve its rights and invoice the carrier for goods that prove unusable, the customer must: - carry reservations on the transport receipt specifying the number of missing or damaged packages, the nature of the deterioration or any other object of the claim. Notify Option Minceur so that the latter can confirm these reservations to the carrier within 3 working days after delivery. Failing to have notified Option Minceur within the necessary time, the customer may be held liable. In case of order by return of the order form, the terms indicated on it must be respected. In case of order by telephone, a written confirmation of the offer accepted by telephone by the customer will be sent to him. In case of order by Internet, a confirmation by e-mail will be sent to the customer. Option Minceur undertakes to honor orders received only within the limits of available stocks of products. In the absence of availability of the product, Option Minceur undertakes to inform the customer as soon as possible.
ARTICLE 4: PRICES -TERMS OF PAYMENT- PENALTIES
The applicable price is that stipulated on the order form or on the postal or e-mail confirming the offer. Prices are indicated in euros net. All orders must be paid in cash. In case of refusal of cash payment, our company may refuse to honor the order and deliver the goods concerned, without the customer being able to claim any compensation for any reason whatsoever. The customer can make the payment either immediately online, by credit card (normal procedure), or upon delivery (special cases previously agreed). If, in the case of a previous order, the buyer has evaded one of his obligations (failure or delay in payment, for example), a refusal to sell may be opposed, unless this customer provides sufficient guarantees or cash payment.
ARTICLE 5: TRANSFER OF OWNERSHIP AND RISK
The seller retains ownership of the goods sold until the full price has been paid in full. These provisions do not prevent the transfer to the customer, upon delivery, of the risks of loss and deterioration of the products sold and no refund can be requested from the company Option Minceur in this respect.
ARTICLE 6: DISTANCE SELLING: WITHDRAWAL PERIOD
The customer has a period of 14 days from receipt of the goods to exercise his right of withdrawal by returning by registered mail to option Minceur the product(s) ordered (postmark as proof of the date of shipment) and request a refund. The goods must be returned in their original packaging(s), complete and in perfect condition to the address indicated on the packing slip of the package or invoice. Attention: the fact of not receiving or not going to collect the Products can in no way be assimilated to the implicit exercise of a right of withdrawal. Similarly, in particular with regard to shipments outside the European Union, any delay or non-delivery due for example to customs detention does not constitute a cause for withdrawal, the buyer being deemed to know the legislation of his country concerning the products ordered and the risks that may concern them. The return costs are always the responsibility of the customer. When the 14-day period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until (1) the following working day Option Minceur undertakes to reimburse the customer within a maximum period of thirty (30) days following the date on which he exercised his right of withdrawal.
ARTICLE 7: GUARANTEES
The products must be checked upon delivery by the customer. The customer has a period of 3 working days after the delivery of the products to report any missing element or apparent defects, any complaint, whatever the nature, relating to the products delivered, in writing, by registered letter with acknowledgment of receipt, addressed to the headquarters of the company listed in Article 1 herewith. Defects and deterioration of the products delivered following abnormal conditions of storage and / or conservation at the customer's premises will not be able to qualify for the guarantee due by Option Minceur On the other hand, Option Minceur guarantees its products against hidden defects.
ARTICLE 8: SIGNATURE AND PROOF /LIABILITY
The online provision of the credit card number and the final validation of the order will be proof of the entirety of the said order in accordance with the provisions of the law of 13 March 2000 and will be worth the payment of the sums incurred by the seizure of the items appearing on the order form. This validation constitutes signature and express acceptance of all operations carried out on the site. The computerized records, kept in the computer systems of option Minceur under reasonable conditions of security, 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 so as to correspond to a faithful and durable copy. Option Minceur has, for all stages of access to the site, the order process, delivery or subsequent services, only an obligation of means. Option Minceur cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law. Option Minceur cannot be held responsible for the non-performance of the contract in the event of force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications. Option Minceur cannot be held responsible for damage caused by misuse of the Products or by non-compliance with the precautions for use indicated on the Products.
ARTICLE 9: ENTIRETY
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with these general conditions of sale.
ARTICLE 10: DATA PROCESSING AND FREEDOMS
The information collected Option Minceur relating to the customer domiciled in France benefits from the protection of the law "Informatique et Libertés" N ° 78617 DU 6 January 1978. They may give rise to the exercise of the individual right of access, rectification or opposition with the company Option Minceur under the conditions provided for by the deliberation of the CNIL OF April 1, 1980. Unless the customer opposes it (by mail to Option Minceur at the address indicated in Article 1 hereof), Option Minceur reserves the right to use the customer's information in the context of commercial operations. Option Minceur therefore complies in this area with French regulations and consequently with the following European rules / Directive 95/46/EC of the European Parliament and of the Council, of 24 October 1995, on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of electronic commerce in the Internal Market ("Directive on electronic commerce")
ARTICLE 11: DISPUTES and ATTRIBUTION OF JURISDICTION
In the event that a dispute arises from the execution of the present, the parties undertake before any legal action to seek an amicable solution. Any complaint must be sent to option Minceur by mail to its head office. The parties agree that this contract is subject to U.S. law.
In the event of a commercial dispute, you have the possibility to refer the matter to the mediator of the CM2C association with whom Option Minceur is a member.
https://cm2c.net/