These general conditions of sale and use of the site (hereinafter, the "Conditions") apply between:
1) IDENTITY OF THE SELLER < / p>
The company MANAL PARIS, SAS, a Simplified Joint Stock Company with share capital of 1000 € euros, registered in the Paris Trade Register under the number of SIREN 838 515 369, SIRET number: 838 515 369 00018 , with registered office at 5 Rue Etex, 75018 Paris (hereinafter, "We", "Our", "Our", the "Company", or "MANAL PARIS")
and < / p>
Any adult physical person acting exclusively within the strict framework of their personal needs, who consults the website www.manal.fr (hereinafter, the "Site") and / or makes a purchase from MANAL PARIS (hereinafter "You", "Your", "Your" or The Customer ").
These General Conditions of Sale apply to products sold on the site https: // www. manal.fr operated and put online e by MANAL PARIS. All orders on the Site are subject to these general conditions of sale. These are likely to be subject to modifications and updates, the conditions applicable to the order of a product by a Customer are those in force on the day of the order.
All of this information is in French. The Customer declares to have full legal capacity allowing him to commit under these general conditions.
When registering his personal data, the customer must be attentive to the accuracy of the information given. MANAL PARIS is not responsible for the inability to deliver the product.
MANAL PARIS is not responsible for verifying the identity of the customer.
< strong> 2) PRODUCTS
Each product offered on the Site is accompanied by one or more photographs, a descriptive text of the materials and colors, this information is not contractual. p>
The descriptions and photographs of the products sold on the Site are as accurate and as realistic as possible. However, the colors, dimensions, textures and other characteristics of the Products may be altered by the screens or internet browsers used to view them.
The Customer thus recognizes that the photographs, descriptions or graphics accompanying and illustrating the products offered for sale on the Site are indicative and not contractual and can not engage the responsibility of the Seller in the event of an error, omission or modification.
However, MANAL PARIS undertakes that the photographic representation of the products on the site be as faithful as possible to the product.
The products are sold within the limits of available stocks. MANAL PARIS also reserves the right to limit the quantity of products that may be ordered by a customer during a single purchase transaction. Orders cannot include more than six (6) products as part of a single purchase transaction on the Website.
3) ORDERING TERMS p >
After validation of the order by MANAL PARIS, the Customer receives a confirmation by e-mail.
Taking orders on the Site is subject to compliance with the procedure set up by MANAL PARIS on the site including successive stages leading to the validation of the Order.
In order to place an order, the Customer undertakes to communicate via the Site only the actual and valid information necessary for the performance of the service covered by these conditions of sale. MANAL PARIS cannot be held responsible for erroneous information transmitted by the Customer resulting in the non-performance of the service covered by these conditions of sale. The Customer can at any time access and modify his data in the "my account" section.
Any order will not be deemed validated until payment has been accepted. MANAL PARIS will be able to refuse or cancel any order relating to a Customer in dispute on a previous order or if MANAL PARIS suspects a violation of the general conditions of sale or any attempt at fraud.
Orders are accepted within the limits of available stocks. The definitive or temporary unavailability of a product cannot in any way engage the responsibility of the seller and cannot open the right of the Customer to compensation or damages. After validation of the order by MANAL PARIS, the Customer receives a confirmation by e-mail.
The customer can select as many Products as he wishes which will be added to the basket. The basket summarizes the products chosen by the Customer as well as the prices and related costs. The customer can freely modify the basket before confirming his order. The validation of the Order constitutes confirmation of the customer's acceptance of the conditions of sale, the products purchased, their price and the associated costs. A confirmation email summarizing the order (products, price, product availability, quantity, etc.) will be sent to the customer by manal.fr. To this end, the customer formally accepts the use of electronic mail for confirmation by MANAL PARIS of the content of his order.
4) PRICES AND PAYMENT TERMS p >
4.1 Currency of payment
The prices displayed on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order).
4.2 Modification of prices
MANAL PARIS may modify the prices of products at any time and without notice, in particular due to changes in the economic and legislative framework and tax. The products are invoiced on the basis of the tariff in force at the validation of the order. The products remain the full and entire property of MANAL PARIS until full collection of the price of each order by MANAL PARIS.
4.3 Payment of orders p >
Payment for purchases is made via the secure platform. The customer expressly acknowledges that the communication of his bank card number to MANAL PARIS constitutes authorization to debit his account up to the price of the products ordered. If necessary, a notification of order cancellation for default of payment is sent to the customer by MANAL PARIS on the email address communicated by the customer when registering on the site.
The data recorded and kept by MANAL PARIS constitute proof of the order and of all past sales. The data recorded by the payment platform (BANK) constitutes proof of any financial transaction between the customer and MANAL PARIS.
The Customer can make the payment for the order:< p> (I) by bank card (Visa, MasterCard, American Express or Carte Bleue): the amount of the order is then debited within 7 (seven) days. The date of registration of the order is that of online payment.
(II) by Paypal: the amount of the order is then debited at the same time. The date of registration of the order is that of online payment.
(III) by bank transfer: Our Site delivers the bank details of MANAL PARIS to you. The Customer must make the required transfer so that it appears within 7 (seven) days for the order to be registered. The date of registration of the order is that of the receipt of funds on the MANAL PARIS account.
An invoice for your order will will be sent by email upon confirmation of your order. A paper invoice will also be sent with the order if desired (then request it by email or telephone).
4.5 Shipping abroad
For delivery outside the European Union, the customer must pay the customs duties or other taxes due on the importation of the products into the country of the place of delivery. The formalities relating thereto are also the exclusive 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.
4.6 Potential errors
The information and in particular the prices which are displayed on the site may be erroneous due to system errors or typographical filling. If We do our best to avoid these kinds of errors, they may still exist. We do not honor orders resulting from incorrect information or prices. If the price displayed is lower than the actual price of the product, We will contact You by email to either cancel the order or give You instructions relating to the payment of the price difference. We apologize for the inconvenience, please do not hesitate to contact us with any questions relating to this matter.
4.7 Non-negotiable prices
Prices for Our products are not negotiable. Indeed, We strive to practice the fairest prices possible. The final price of our creations reflects the costs inherent in French manufacturing under the sign of excellence and the prices of raw materials such as metal and stone.
In accordance with the provisions of article L 121-20-3 of the Consumer Code, except in case of insufficient stock, the Products ordered are delivered within the deadlines indicated on the site and upon confirmation of the order, and within 30 working days of the order. The times indicated on the site and during the confirmation of the order are only indicative and correspond to the average time for processing and routing the package.
In the event that the package is damaged on delivery, the customer must check in the presence of the carrier the condition of the products of his order and report precisely on the delivery note of the carrier any reservation in case of missing or damaged item.
products are delivered worldwide. No delivery can be made to the address of a hotel or a post office box.
Deliveries are made by the Colissimo service and the delivery costs are added to the price of the invoiced products.
In the event that a particular manufacturing or processing should be carried out, the Customer will be notified by email as soon as possible.
The Customer will be kept informed of any delay in delivery of which we we have knowledge.
Finally, the shipments of several products ordered can be split if certain creations are available earlier than others.
It is specified that any change of address of delivery made by the Customer after the registration of the order may result in an extension of the delivery time.
MANAL PARIS and the carriers being separate and independent entities, MANAL PARIS cannot be held responsible for any delay or error in delivery or loss of package attributable to Colissimo or Chronopost.
6) RIGHT OF WITHDRAWAL AND RETURN TERMS
In the event that the customer is not satisfied with the products, he has a right of withdrawal of 14 clear days from the day of receipt of his order to return one or more items, without justifying the reason.
The right of withdrawal can be exercised online, using the withdrawal form available on the website http: // www .manal.fr / (Annex I below), in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by MANAL PARIS, or any other declaration, unambiguous, expressing the will to retract.
The product (s) returned must be in new condition, not having been worn or used or having been the subject of any use and in their original packaging allowing their re-marketing in new condition and accompanied by the purchase invoice. Otherwise the package will be returned.
Damaged, soiled or incomplete Products are not taken back.
The customer organizes the return at his convenience, at his expense and at his risk. 'following address:
5 rue Etex
Shipping costs related to the return of products remain charged to the customer unless the product received does not comply or has a manufacturing defect.
Any customs fees related to the return of product from a foreign country are also the responsibility of the customer.
MANAL PARIS strongly advises its customers to return the products by Colissimo or Lettre Max. The customer also has the option of choosing the carrier of his choice. However, the return costs and the associated risks are the responsibility of the customer. It is therefore recommended to spare proof of this return, which assumes that the products are returned with parcel tracking, or by any other means giving a certain date.
Upon receipt, and subject of these return conditions, MANAL PARIS will reimburse the order excluding initial shipping costs by credit to the customer's bank account within 15 days of receipt of the package by MANAL PARIS. No exchange is possible.
Failure to comply with these return conditions, the package will be returned to the customer at his expense and will not result in any refund.
Are excluded from any guarantee:
- improper use and maintenance as well as faults in use or maintenance.
- Deterioration due to handling error, improper or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes.
- Deterioration due to an external event (lightning, water damage, etc.).
- Interventions carried out on the jewel by any person not mandated by the After-Sales Service as well as deterioration consecutive to such intervention.
Reimbursement will be made by bank transfer to the card used to settle the initial invoice. It is not possible to replace or exchange returned products. It will be necessary to place a new order online.
Regarding personalized product returns: Article L121-20-2 of the Consumer Code provides that "the right of withdrawal cannot be exercised for contracts for the supply of goods made according to the consumer's specifications or clearly personalized. ”
However, we undertake to reimburse you for clearly personalized products which do not correspond to your order (defective or non-compliant). < / p>
All returns will be subject by MANAL PARIS to a rigorous Quality Control (QC) to ensure that the returned products comply with quality requirements.
If the returned product satisfies to Quality Control (CQ) standards, MANAL PARIS will reimburse.
A resizing (especially rings) is also possible before or after the authorized withdrawal period. You will simply be informed of an additional cost in case of exceeding this period.
Size resizing is possible outside the European zone, however additional costs due to the customs duties generated must be borne by the customer .
7) GUARANTEES AND RESPONSIBILITIES
The products supplied by MANAL PARIS benefit automatically and without additional payment, in accordance with the legal provisions in the conditions and according to the methods referred to in the box below and defined in these General Conditions of Sale (Guarantee of Conformity / Guarantee of Vices Hidden):
- of the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or which do not correspond to the order or immediate purchase, ul >
- of the legal guarantee against hidden defects arising from a defect in material, design or manufacturing affecting the products delivered and making them unfit for use,
- has a period of two years from the delivery of the goods in. ur act against the Seller;
- may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in article L 211-9 Consumer Code; li>
- is exempt from providing proof of the existence of the Product's lack of conformity during the six months following the delivery of the Product. This period is extended to 24 months from July 19, 2019, except for second-hand goods.
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in the event of misuse, professional use, negligence or failure to maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
It is reminded that within the framework of the legal guarantee of conformity, the Client:
The Customer may decide to implement the guarantee against hidden product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Customer must inform MANAL PARIS, in writing, of the non-conformity of the Products within the above-mentioned periods and return the defective Products in the state in which they were received with all elements (accessories, packaging, instructions ...).
MANAL PARIS will reimburse, replace or have repaired Products or parts under warranty deemed non-compliant or defective.
In the event of delivery, the shipping costs will be reimbursed on the basis of the invoiced price and the return costs. will be reimbursed upon presentation of supporting documents.
Refunds for Products judged to be non-compliant or defective will be made as soon as possible and at the latest within 45 days of MANAL PARIS acknowledging the lack of conformity or the defect hidden.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The responsibility of MANAL PARIS cannot be engaged in the following cases :
The MANAL PARIS guarantee is, in any event, limited replacement or reimbursement of non-compliant or defective Products.
8) PROTECTION OF PERSONAL DATA
Personal information relating to the Customer is essential for the processing and delivery of orders, and the preparation of invoices.
MANAL PARIS s commit not to disclose to third parties the information communicated by Customers on the site. These are confidential. They will only be used for the processing of his order and the follow-up of the commercial relations and will be treated in all confidentiality taking into account the personal data communicated by the Customer.
The Customer has (article 34 of the law of 6 January 1978) of a right to access, modify, rectify and delete data concerning him, which he can exercise with MANAL PARIS. You can exercise this right by sending us a letter to the following address:
MANAL PARIS 5 rue Etex - 75018 Paris - France
When registering their personal data, the client must be attentive to the accuracy of the information given. MANAL PARIS is not responsible for the inability to deliver the product.
MANAL PARIS is not responsible for verifying the identity of the customer.
< strong>9) INTELLECTUAL PROPERTY
The Customer acknowledges that the MANAL PARIS Products and the distinctive signs (image, photographs, packaging, name of the products, etc.) are the exclusive property of MANAL PARIS. < br> The Client shall refrain from any act of reproduction or use of product models, packaging, brands or distinctive signs, inventions, techniques or know-how used by MANAL PARIS, as well as any act tending to the appropriation of these elements, whether or not they are protected by MANAL PARIS by a patent, trademark, design and registered model or by copyright.
10) RIGHT APPLICABLE, LANGUAGE AND DISPUTES
These General Conditions and accepted orders are subject to French law.
The language of these General Conditions and accepted orders is French language.
In the event of a dispute, the French courts will only competent.
During the consultation of the site, information relating to the navigation of the Customers may be recorded in "Cookies" files installed on their terminal (computer, tablet, Smartphone). These cookies are issued by MANAL PARIS Paris in order to facilitate navigation on the site and make it possible to recognize the browser of Customers when they are connected to the Site.
These cookies are issued in order to: p>
- Establish attendance statistics (number of visits, page views, abandonment in the ordering process,..)
- Adapt the presentation of the Site to display preferences terminals,
- Store information entered in forms, manage and secure access to reserved and personal spaces such as the Customer account and manage the Order basket.
- MANAL PARIS Paris reserves the right to place cookies on the Client's computer during visits to the Site.
A cookie does not identify the Client but is intended to report any Customer's previous visit to the Site in order to help MANAL PARIS Paris to personalize its services.
The Customer may express and modify at any time his wishes in terms of cookies, by the means described below: The Site uses computer applications emanating from third parties, which allow the Customer to share content from the Site with other people or to make known to these other people his opinion concerning content on the Site. (Social networks such as Facebook, "Google +", "Twitter", etc.).
When the Customer consults a page of the Site containing a "Share" or "Like" button, his browser establishes a direct connection with the servers of the social network concerned. If he is connected to the social network while browsing, the application buttons allow you to link the pages viewed to his account. If it interacts by means of plug-ins, for example by clicking on the "Like" button or by leaving a comment, the corresponding information will be transmitted to the social network concerned and published on its account. If the Customer does not want social networks to link the information collected through the Site to their account, they must log out of the social network concerned before visiting the Site.
MANAL PARIS Paris n ' is in no way responsible in any way whatsoever for the content or operation of any of the social networks, including those which may be linked to the Site.
< strong> APPENDIX 1
(copy and return in case of return) < / p>
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on http://www.manal.fr except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of
5 Rue Etex
750 18 Paris
I hereby notify the withdrawal from the contract for the order of the services below:
- Date of the order of: ...........................................................
- Order number: ...........................................................
- Name of the Client: ...........................................................................
- Customer address: .......................................................................
Signature of the Client (only in the case of notification of this form on paper):
Last revision: July 21, 2019