Terms and conditions of sale

Date of last update: 30/10/2024

LEGAL NOTICE
https://miss-monoi.com/ (trade name)
Project Web
SARL with a capital of 15,000 Euros
235 allée Hector Pintus
06610 La Gaude France
Telephone: + 33 (04) 22 13 10 93 (toll-free)
RCS Grasse 499 389 146 - (2007 B 00582)
VAT NUMBER: FR25499389146
INTRA VAT NUMBER: FR25499389146
Publishing director: Romain GOUNIOT
Host : OVH
Contact address: contact@miss-monoi.com
Site designer : Project Web S.A.R.L

To contact customer service: + 33 (04) 22 13 10 93 (toll-free number) - our advisors are available Monday to Friday, 9am to 12pm and 2pm to 6pm.

1. APPLICATION OF GENERAL CONDITIONS
2. SITE ACCESS
3. SITE REGISTRATION
4. BUYER ACCOUNT OPERATION
5. ORDER COMPLETION
6. PRICES / ORDER PROCESSING
7. DELIVERY AND RECEIPT OF ORDERS
8. RIGHT OF WITHDRAWAL
9. WARRANTIES AND LIABILITY
10. PERSONAL DATA
11. INTELLECTUAL PROPERTY
12. FORCE MAJEURE
13. PROOF AGREEMENT
14. GENERAL PROVISIONS
15. APPLICABLE LAW AND JURISDICTION / MEDIATION

These Terms and Conditions are applicable to Project Web, in its capacity as Seller, and to any Buyer, for all sales of products offered on the site www.miss-monoi.com (hereinafter Project Web SARL and the site www.https://miss-monoi.com/, together referred to as "the Site").
The Buyer is any consumer, a natural person with full legal capacity to enter into commitments under these general conditions, who orders a product offered for sale on the Site, according to the procedure indicated and for strictly personal use of the product ordered.
The act of ordering a product on the Site implies full acceptance of these General Conditions by the Buyer, who acknowledges having read them prior to ordering. The General Conditions applicable are those in force on the Site at the date of the Buyer's order.
In any case, the Site invites the Buyer to save and print the present General Conditions.
These terms and conditions are also supplemented by the "personal data protection charter"

1. APPLICATION OF GENERAL CONDITIONS

1.1 Purpose
The purpose of these General Terms and Conditions is to inform all Purchasers of the terms and conditions relating to the sale and delivery of products ordered by the Purchaser on the Site. They also set out the respective rights and obligations of the Site, in its capacity as Seller, and of the Buyer, in the context of the sale of products offered on the Site.
All use of the site is governed by the present Terms and Conditions.
All orders placed on the site are governed by the present Terms and Conditions.

1.2 Territories
The Site is open to all countries in the world whose legislation does not prohibit the purchase and use of products for sale on the Site. In the event that all or part of the Site is illegal under the national law of the Buyer's place of residence, it is the Buyer's responsibility to refrain from accessing it from this territory or from accessing it from other territories where it is deemed legal.
Consequently, any person domiciled in France or outside French territory may contract with the Site, subject in particular to the application of different rates for postal delivery and payment terms, which will be specified when the order is placed. In any case, it is clearly indicated to the Buyer that any customs taxes and/or any other taxes related to transport or reception, as well as any formalities, are entirely at the Buyer's expense. By placing an order with the Site, the Buyer declares that he/she is fully aware of them in advance.
In the event that a country is not listed on the Site as a delivery zone, and subject to the conditions set out above, it is the User's responsibility to contact the Site in order to establish a personalized delivery option based on an estimate, either by email (contact@miss-monoi.com), or via the telephone platform: + 33 (04) 22 13 10 93.

1.3 Acceptance and declaration
By accessing this Site, all Buyers are subject to the present Conditions.
As the site may offer tobacco accessories for sale, it is a substantial condition that the User declares that he/she has the legal capacity to contract under the conditions described below, i.e be of legal age and not be protected within the meaning of articles 425 et seq. of the French Civil Code.
Subscription to the services implies unreserved acceptance of the General Terms and Conditions (box to be ticked when registering and validating the order). In the absence of such acceptance, the User will not be able to continue his online registration and use the Site's services.
Any use of the services by the User therefore automatically implies application of the present General Terms and Conditions.

1.4 Evolutions
The Site reserves the right to modify the General Terms and Conditions as necessary, depending on the technical development of the Site and changes in legislation, at its sole discretion. Use of the Site and the services offered therein is always subject to the most recent version of the General Conditions posted on the Site and accessible to the public at the time of such use. It is the responsibility of the Buyer to consult these conditions as often as necessary.
The Site may also make changes to editorial content and services, including prices, at any time and without prior notice.
When using the Site, Buyers may be subject to any guidelines or rules posted on the Site and the services offered thereon, which may contain terms and conditions in addition to these General Terms and Conditions. All such guidelines or rules are deemed to be included by reference in the General Terms and Conditions.

1.5 Violation
Non-compliance with any of the stipulations of the present Terms and Conditions automatically terminates authorization to use the Site and results in immediate closure of the Account. Any breach of these Terms and Conditions shall entitle the Site to refuse to provide any future services to the party responsible for such breach, without liability on the part of the Site.

2. SITE ACCESS

The Buyer is personally responsible for setting up the IT and telecommunications resources required to access the Site. In this respect, it is the Buyer's responsibility to protect his or her technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion, for which the Site cannot be held responsible under any circumstances. The Buyer remains solely responsible for the installation, operation and maintenance of the technical equipment required to access the Site.
Under no circumstances shall the Site be held liable if the service offered by the Site proves to be incompatible or malfunctions with any of the Buyer's software, configurations, operating systems or equipment.
In addition, the Buyer is responsible for the telecommunications costs associated with Internet access and the duration of use of the Site.

3. SITE REGISTRATION

Registration on the Site is free for the Buyer and can be done at any time.
Registration is mandatory for the first purchase on the site. The Buyer must enter his/her e-mail address and choose a password.
A confirmation of registration is sent by the Site to the e-mail address provided by the Buyer.

4. BUYER ACCOUNT OPERATION

4.1 Buyer account creation
To place an order, the Buyer undertakes to fill in all the fields of the form on the Site and to provide complete, accurate and reliable information in order to open an "Account".
The Buyer undertakes to keep the information provided to the Site up to date as soon as possible after any changes are made, in particular concerning his or her postal billing address and delivery address. It is expressly agreed that the Buyer is solely responsible for the consequences of failing to keep this information up to date.
The Site reserves the right to ask the Buyer to send any written document justifying his situation.

4.2 Buyer account operation
An Account is opened in the name of the Buyer at the end of the registration procedure on the Site. This account is personal to the Buyer, who can only access it using the registration e-mail address and password.
The Buyer agrees not to communicate his registration e-mail address and password to any third party.
The Buyer undertakes to protect and keep secret his/her registration e-mail address and password.
He/she undertakes to inform the Site without delay of any compromise, loss or anomaly of his/her registration e-mail address and/or password.
The Buyer acknowledges that the actions carried out on his Account will be imputed to him when his registration e-mail and password have been activated, in the absence of any request for revocation of the registration e-mail address and/or the compromised password, and this in particular, in the event of purchase(s) concluded, even without his knowledge, by a person using his registration e-mail address and password.
The Buyer is solely responsible for the consequences of disclosing his registration e-mail address and password.
The Site undertakes to manage Buyers' Accounts and reserves the right to remove or suspend access to Accounts in the event of violation of the rules of use of these General Terms and Conditions or in the event of suspected compromise of the registration e-mail address and/or password.
The Buyer undertakes not to create or use any Accounts other than the one created personally.

5. ORDER COMPLETION

5.1 Characteristics of products for sale on the Site
The Buyer can find out the terms and essential characteristics of the product(s) on the Site that he/she wishes to order by going directly to the page linked to the product. For any questions or additional information, the Buyer should not hesitate to send an e-mail to the Site (contact@miss-monoi.com) or contact the telephone platform: + 33 (04) 22 13 10 93.
The Buyer may select one or more products from the various categories offered on the Site.
The products offered by and on the Site are valid while stocks last.
All representations of products on the Site, such as, but not limited to, photographs, product information sheets and graphics, are provided by the suppliers from whom the products are purchased. The Site will make its best efforts to ensure that the photographic representation of the products on the Site is as faithful as possible to the products themselves. However, due to the digital presentation of products or services on the Internet, it is possible that the Customer's perception of the photographic representation of the products may not correspond exactly to the product or service itself, particularly when the product is handcrafted (in particular pipes, where the wood grain and shade may differ slightly from its presentation).
It is the responsibility of the Buyer, depending on the delivery zones chosen, to check before validating the order the different means of transport available for delivery of the product(s), which vary according to the delivery zone, as well as their rates, it being understood that in general :

If the Purchaser resides in metropolitan France, he/she may choose between DOMICILE STANDARD (Colissimo or any other carrier chosen by the Site) or DOMICILE EXPRESS (Chronopost or any other carrier chosen by the Site) or RELAIS STANDARD (Mondial Relay or any other carrier chosen by the Site);
If the buyer lives outside mainland France, delivery will be offered via DOMICILE INTERNATIONAL (Colissimo or any other carrier chosen by the Site) or RELAIS - STANDARD EUROPE (Mondial Relay or any other carrier chosen by the Site).
It is also the Buyer's responsibility to check the choice of payment methods offered by the Site before using them and validating the order, which may vary, as may the time limits.

5.2 Placing an order
After having selected the payment methods according to the choices proposed by the Site to the Buyer and clicked on "continue", the Buyer is considered to have accepted without reservation the present General Terms and Conditions (checkbox obligatory), which include in particular, the products and their specificities or guarantees, the prices, the quantities and the methods of transport, of the products ordered.
The purchaser acknowledges that by placing an order, he/she is obliged to pay for it in full.
The Purchaser's order will be confirmed by the Site, by e-mail to the address indicated by the Purchaser when creating his/her Account, confirming the essential conditions of the order, the carriers chosen and the delivery times.
The sale is concluded and deemed complete only after the Site has received the full price of the order, particularly in the case of payment by cheque or bank transfer.
To combat fraud, the Site reserves the right to ask the Buyer to provide a signed order confirmation and to pay by bank transfer instead of by credit card or cheque. Similarly, the Site may request additional proof of payment when confirming the order.
If the Buyer fails to cooperate, or if the documents provided by the Buyer do not enable the Buyer's account to be authenticated, the Site reserves the right to cancel the Order, after informing the Buyer by e-mail.
In the event of fraud or any other serious offence (in particular counterfeiting, concealment, illegal importation), the Site is obliged to communicate to the competent bodies responsible for the repression of the said frauds and offences, all documents, information and records in its possession, and in particular the registration e-mail address and password chosen, as well as any personal data of the Buyers concerned which may be requested.

6. PRICES / ORDER PROCESSING

6.1 Pricing
The total price paid by the Buyer is expressed inclusive of all taxes (VAT) in Euros and includes :

The price of the product ordered by the Buyer as indicated on the Site on the date of the Buyer's order. As an exception, for products delivered to French overseas departments and territories or to countries outside the European Union, the price of the product ordered by the Buyer will be expressed exclusive of tax (HT), and the Buyer will be obliged to pay any taxes and customs duties upon entry of the product into his country or territory, in accordance with the laws in force.
The cost of shipping the product to the delivery address given by the Buyer, on the date the product is ordered by the Buyer. The choice of carrier and delivery charges vary according to the delivery destination and the weight of the products, as indicated to the Purchaser at the time of ordering. The Site reserves the right to modify its prices at any time; any change in the applicable VAT rate will be automatically reflected in the prices.
Products will be invoiced on the basis of the rates and conditions in force at the time orders are registered on the Site.

6.2 Terms of payment
Payment of the total price due by the Buyer must be made at the time of ordering and, under no circumstances, can the sums paid be considered as deposits or down-payments.
The Site collects the total amount due for the order at the time of order confirmation or upon receipt of the cheque or bank transfer, in the case of payment by cheque or bank transfer.
In any event, payment must be received by the Site within a maximum period of tEN (10) days following validation of the order. Failing this, the order will be cancelled by the Site.
In the event of payment by cheque, the Buyer must indicate the order number on the back of the cheque. The cheque must be fully completed, signed and made payable to miss-monoi, and sent with proof of identity (copy of ID or passport) to: https://miss-monoi.com/ - 235 Allée Hector Pintus - 06610 La Gaude - FRANCE. The cost of postage for sending the cheque to the Site shall be borne by the Purchaser.
In case of bank transfer, the Buyer will transfer the amount of his order from his account to https://miss-monoi.com/'s account. Transfer fees are and will remain the responsibility of the Buyer.

The Purchaser guarantees the validity and accuracy of the information required for the means of payment chosen from among those available on the Site, which may vary or be limited depending on the place of residence and delivery indicated by the Purchaser.

6.3 Default of payment
The Site reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the purchaser or in the event of a payment incident or suspected fraud.

6.4 Promotional offers
The Site may offer discounts to the Purchaser as part of promotional offers, so-called "flash" offers, or promotional codes or discount coupons (hereinafter referred to as "discount codes"). The Buyer undertakes to take note of the operating conditions specific to each type of discount.
The Buyer acknowledges that discount codes may have a limited validity period, be limited to a certain category of products, and/or be subject to a minimum order amount.
In view of the conditions and particularities associated with discount codes, and in the event that a discount code cannot be applied to the order initiated by the Purchaser, the Purchaser accepts the principle that the discount code concerned cannot be used for the order. In this case, the Buyer will be asked to pay the Site the total price of his/her order, and will be able to reuse his/her discount code for a future order, within the limits of the validity conditions of said discount code.
The offers of products concerned by the discount code and proposed by and on the Site are valid within the limits of available stocks.
It is clearly understood by the Buyer that the discount code must imperatively be inserted in the heading "coupon code" available in the "payment information" section accessible as part of the order process. If the coupon code is not used in the dedicated section, the Buyer will not be able to claim the use of the coupon code and will have to reuse it for a future order within the limits of the validity conditions of the said coupon code.
Under no circumstances can discount codes be combined on the same order.

7. DELIVERY AND RECEIPT OF ORDERS

7.1 General rules
The stipulations of the present article are applicable in the event that the Purchaser's order is paid for by the Purchaser, delivered to the delivery address communicated by the Purchaser to the Site at the time of the order and according to the delivery method chosen from among those proposed.
In the event that delivery cannot be made for reasons relating to an incomplete or incorrect delivery address, the Site may in no circumstances be held responsible, and the cost of delivery and any redelivery shall be borne in full by the Purchaser on the basis of the costs incurred for the redelivery. Any delivery charges offered or reduced as part of the initial order will not be applied to the reshipment.
It is clearly specified to the Buyer that, as a matter of principle, the Site reserves the right to provide proof of shipment of the product(s) ordered, in particular by taking a photograph of the parcel and its contents at the time of departure from the Site.

7.2 Terms of delivery
The Site bears the risks associated with transport until the physical handover of the items to the Buyer or recipient, subject to the express condition that the Buyer or recipient checks the items on receipt, in the presence of the carrier, and indicates, where appropriate, in writing on the transport or delivery note, the reservations required in the event of damage noted.
The Site has fulfilled its sales obligation as soon as the parcel is presented by the carrier or the postal services at the address indicated by the Purchaser.
More specifically, products ordered by the Customer are delivered by COLISSIMO (or any other carrier chosen by the Site) or by CHRONOPOST, by delivery against signature in accordance with the applicable General Conditions of the carriers.
The Buyer or recipient is delivered to his or her home by the postal agent and signs a delivery slip (except in exceptional cases of delivery without a signature). The digitized signature affixed next to the name, as well as its reproduction, constitute proof of delivery of the shipment, and the Buyer or recipient recognizes this signature as having the same legal value as a handwritten signature on paper.
Consequently, receipt of the product may not be entrusted to a third party other than the Purchaser or the recipient, such as a janitor or neighbor. Failing this, any third party will receive the parcel in the name and on behalf of the Buyer or recipient.
In the event of absence, the Purchaser or the recipient of the product will receive a delivery notice from the employee. The Purchaser may collect the products ordered at the post office indicated on the delivery notice, within the time limits indicated, on presentation of proof of identity. It is the Buyer's responsibility to monitor the shipment of the parcel in his/her Account in order to be present or to collect the parcel within the time limits indicated on the delivery notice.
The Buyer is obliged to check, in the presence of the postal clerkthe condition of the packaging and its contents on delivery.
In exceptional cases of delivery without a signature, it is the Buyer's responsibility to keep the packaging of the goods and the parcel under penalty of inadmissibility of the Buyer's or consignee's claim.
In the event that the Buyer has any doubt whatsoever as to the condition or contents of the parcel, he/she is obliged :

- refuse delivery of the item ordered if it has been damaged or does not correspond to the order. Otherwise, you must keep the packaging of the goods and the parcel;
- apply the carrier's procedure (make reservations on the transport or delivery note that precisely describe the number of packages and items received and missing) and immediately refuse the merchandise in accordance with the "How to receive my package" guide included in the order shipment confirmation email or available on the https://miss-monoi.com/index.php?controller=cms_rule&id=67&rewrite=conseils-reception-colis&meta_keywords=&meta_title=conseils-pour-la-reception-des-colis page;
- date, sign and retain a copy of the transport or delivery note;
- within the deadlines indicated on the carrier's procedure sheet sent to the purchaser by email at the time of dispatch of the order and in accordance with the conditions issued by the carrier, notify the carrier and the Site of the refusal of the item(s) following damage in transit, by sending an email to the address (contact@miss-monoi.com) with a copy of the letter sent to the carrier and the procedure sheet so that the Site can act as an efficient intermediary.
Under no circumstances, under penalty of inadmissibility of the Buyer's or recipient's claim, will the Site accept packages returned by the Buyer or recipient who has not followed the present procedure, nor any resulting request for reimbursement.
ANY ARTICLE ACCEPTED WITHOUT RESERVATION OR WITH RESERVATIONS WITHOUT MEANING, IS CONSIDERED AS RECEIVED IN CONFORMITY AND CANCELS ANY ACTION AGAINST THE SITE.

When the Buyer or recipient chooses to have the items ordered delivered to a relay point, the same principles of verification upon receipt apply as for home delivery.

On delivery of the parcel to the relay point, the Buyer or recipient must check the condition of the parcel in the presence of the relay point manager. If the parcel is damaged or if the contents do not correspond to the order placed, the Buyer or recipient must :

• Refuse the parcel, giving the reason for refusal to the relay point manager.
• Immediately report the problem to the site by sending an e-mail and providing the necessary details and proof of non-conformity or damage (photos, detailed description, etc.).

The refused parcel will be returned to the carrier or to the seller's site, and an arrangement for a new delivery or a refund will be proposed according to the Buyer's preference, in accordance with the provisions of our GCS.

In the event of acceptance of the parcel without any specific written reservation concerning the condition of the parcel, it will be deemed to have been accepted as is by the Purchaser or the recipient. No complaint concerning the condition of the parcel or the product received may be taken into account at a later date.

It is imperative to take photos of the packaging upon receipt of the parcel and to keep them. For all claims, you will be asked to provide photos of the packaging to document the condition in which the parcel was delivered.

The site undertakes to use reliable and recognized carriers to ensure that parcels arrive in good condition at the relay point. The Buyer is responsible for collecting the parcel within the time limit set by the relay point, failing which the parcel will be returned to the selling site, and the cost of reshipment will be borne by the Buyer.

7.3 Delivery date
Subject to availability, full payment and receipt of the order amount (validated by FIA-NET) and depending on the carriers chosen by the buyer, the Site undertakes to deliver the product(s) ordered on the dates indicated on the product(s) ordered by the buyer, which can be accessed at any time in the "DELIVERY INFO" category in the buyer's account. The delivery time is calculated in working days (theoretical day of delivery not countable) from the date of confirmation of shipment of the order. The delivery date takes into account the preparation and dispatch times, plus the carrier's delivery time. In any event, delivery of the product ordered will take place within a maximum of THIRTY (30) days from the date of order, except in the case of special orders which will be explained to and agreed with the Buyer. It is the Buyer's responsibility to monitor the shipment of the parcel in his Account.
In the event of a request for cancellation, the order will be reimbursed in full according to the total amount of the order for products that could not be delivered. Conversely, if the products are received, the order will be reimbursed in full upon return of the products in perfect resale condition, which must be reshipped within a maximum of twenty (20) days from the day of receipt by the Site of the Buyer's request for cancellation.

7.4 Loss
In the event of a delay in delivery in relation to the date initially set, the Purchaser must report this by e-mail (contact@miss-monoi.com) or by telephone + 33 (04) 22 13 10 93 so that the Site can initiate an inquiry with the carrier without delay.
Investigation times may vary depending on the carrier. If the product is found during this period, it will be sent immediately to the delivery address specified in the order. During the investigation period, no changes can be made to the status of the order.
On the other hand, if the product ordered is not found at the end of the investigation period, which varies according to the country of delivery and the carrier, the Purchaser will be asked to send the Site a sworn declaration of non-receipt accompanied by a legible photocopy of both sides of his/her identity card. Once these documents have been received by the Site, the Site will, at its own expense, reship the products ordered by the Buyer if the latter so requests.
In the event of a product exchange, delivery charges will be borne by the Purchaser.
In the event of non-delivery of an order or part of an order within the deadlines indicated at the time of the order and which can be consulted at any time in the "DELIVERY INFO" category of the Buyer's account, the Buyer has a period of fifteen (15) days maximum (from the date of departure from the Site's warehouses). Beyond this period, no claim related to loss will be accepted, in particular due to the carriers' foreclosure periods applicable to the Site.

7.5 Special case
In the event of non-receipt of the parcel by the Buyer, of its return to the Site due to absence and/or failure to collect the parcel within the time limits indicated by the carriers, or in cases where delivery could not be made for reasons related to an incomplete or incorrect delivery address, the Buyer has a period of sixty (60) calendar days in order to request the Site to reship the product(s) at its expense. An email will be sent to the Buyer to this effect.
The Site shall not be held liable in any way, and the Buyer shall bear the full cost of redelivery. Any delivery charges offered or reduced as part of the initial order will not be applied to the reshipment.

Unclaimed and non-personalized Products will be returned to stock after the time allowed for the consumer to contact the Site again. Except in the case of a personalized product, a credit note valid for one (1) year from the date of issue will be proposed due to the cancellation of the sale.

8. RIGHT OF WITHDRAWAL

No right of withdrawal may be exercised by a buyer who is not a consumer.
In accordance with article L.221-18 of the French Consumer Code, the Buyer may exercise his or her right of retraction, i.e. not to purchase, without having to justify his or her decision or pay any penalties. The Buyer has a period of FOURTEEN (14) days from the date of receipt of his order to send his request for withdrawal via the online form RIGHT OF WITHDRAWAL which will be recorded by the Site and confirmed by sending an e-mail to the Buyer accompanied by a "returns procedure" on which will be checked the reason for return, namely, withdrawal.
If the "return procedure" is not received by the Site, it will be up to the Buyer to repeat his request to the Site and to materialize it in particular by means of an e-mail within the legal time limits for exercising the right of retraction.
Attention : any product that has been personalized (notably engraving), colorized at the Buyer's request, embellished or made to the Buyer's specifications is excluded from the scope of the consumer's right of withdrawal in accordance with article L.221-28 of the French Consumer Code.
The products in question must be returned to the Site within a condition suitable for resale in their original condition (packaging, accessories, instructions, etc.), undamaged and not used in any way must be accompanied by the "return procedure" sent by the Site by following the recommendations indicated on this form. The labels sent by the Site must be glued to the parcel or copied identically, together with the return number legibly marked in red.
Products must be returned within fifteen (15) days. The cost of return shipment shall be borne by the Buyer.
It is expressly agreed that the product must not have been used and any product that is incomplete, damaged or whose original packaging has been damaged or opened will not be reimbursed. Under no circumstances should warranty sheets or any other documents relating to the product be completed or annotated.
When exercising his/her right of withdrawal, the Buyer may request a refund for the product(s) concerned, or opt to receive a credit note for the products offered for sale on the Site.
In the event of a credit note request, the Site will inform the Purchaser by e-mail of the validity period of the credit note.
In the event of a refund request, payment will be made within a maximum of FOURTEEN (14) days to the delivery address indicated by the Purchaser at the time of ordering.
It is clearly understood by the Buyer that the right of retraction on the returned product(s) shall not apply if the Buyer has exercised this right outside the legal time limits, if the product(s) is/are not accompanied by the return slip, if the recommendations specified on the "return procedure" have not been followed in full, if the package does not contain the labels sent by the site or an identical copy thereof, accompanied by the return number, if the product(s) are not covered by the right of retraction, if the product(s) is (are) not in its (their) exact original condition with individual packaging intact, if the product(s) has (have) been opened and shows signs of use, if the product(s) has (have) been damaged and, in general, if the product(s) is (are) not in a perfect state for resale.

9. WARRANTIES AND LIABILITY

9.1 Product-related

Conformity warranty :
The French Consumer Code stipulates the following in terms of the legal guarantee of conformity:
- Article L.217-4: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility".
- Article L.217-5: "To conform to the contract, the goods must :
1) Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2) Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter".
- Article L217-12: "Action resulting from a lack of conformity is barred after two years from delivery of the goods".

Warranty against hidden defects :
The French Civil Code stipulates the following in terms of the warranty against latent defects:
- Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them
- Article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article L.217-12 of the French Consumer Code, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity

Implementation :
In accordance with the provisions of the legal guarantees of conformity and hidden defects, the Site undertakes to the best of its ability:
- or replace the product with an identical one, subject to availability;
- exchange the product for one of equivalent quality and price, subject to availability;
- or reimburse the price of the product ordered within 30 days of the Buyer's request if the replacement of an identical or equivalent product proves impossible;
- Or to reimburse part of the price of the product if the Buyer decides to keep it (for the warranty against hidden defects).

All product returns under the manufacturer's warranty are subject to the present procedure:
- The Buyer must contact the Site's customer service department by e-mail (contact@miss-monoi.com) or by telephone + 33 (04) 22 13 10 93.
- No returns will be accepted without the prior authorization of the Site, which will send an e-mail to the Buyer informing him/her of the manufacturer's warranty and the return procedure in accordance with the attached "Returns Procedure".
All returned products must follow the rules indicated in the "returns procedure", accompanied by the "returns procedure"; the labels from the return slip must be glued to the parcel or reproduced identically, along with the returns number written legibly in red. Failing this, no product returns will be accepted by the Site.
- Products must be returned in the condition in which they were received, with all components in packaging that enables them to be transported in good condition. Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed on presentation of receipts, excluding DHL and private carriers. The risks inherent in the return of products remain the responsibility of the Buyer.

ATTENTION: Products modified, repaired, integrated, damaged, soiled or added by the Buyer are excluded from the warranty. The warranty does not cover visible defects. The warranty does not cover products damaged in transit or due to misuse. In the event of improper returns, the company reserves the right to refuse any further orders.

For any request concerning legal guarantees, the Buyer must contact the Site via the "Contact us" section or by telephone on + 33 (04) 22 13 10 93 (toll-free number) during opening hours.
The products offered for sale on the Site benefit from a manufacturer's warranty, and all information relating thereto, including the duration of the warranty, is made available to the Purchaser on the Site as well as on the product instructions. By placing an order, the Buyer is deemed to have read and accepted all product information.
Any return of a product under the manufacturer's warranty is subject to the prior agreement of the Site. To this end, the Purchaser must contact the Site's customer service department by e-mail (contact@miss-monoi.com) or by telephone + 33 (04) 22 13 10 93. No returns will be accepted without the prior authorization of the Site, which will send an e-mail to the Buyer informing him/her of the manufacturer's warranty and the return procedure in accordance with the attached "Returns Procedure".
The costs and risks inherent in the return of products remain the responsibility of the Buyer.
All returned products must follow the rules set out in the "Returns procedure", accompanied by the "Returns procedure"; the return labels must be glued to the parcel or reproduced identically, together with the returns number written legibly in red. Failing this, the Site will not accept any returns.

9.2 Relating to the Site
It is expressly agreed that the Site is subject to an obligation of means.
The Site undertakes to use all the means at its disposal to provide the services for which it is responsible under optimum conditions.
The Site reserves the right to suspend access to the Site when it considers that an event likely to affect its operation or integrity requires it or its maintenance, and this for the time necessary for the planned intervention. In the event of a scheduled intervention, the Site undertakes to notify the Buyer as soon as possible on the Site's home page or by any other means at its convenience, as soon as it is aware of the dates of scheduled interventions, and to reduce the period of unavailability during the day. However, the Site shall not be held liable for any such suspension and shall not be entitled to any compensation.
The Site declines all responsibility for the use made of the Site by Buyers.
In any event, in the event of a judgment against the Site, for any reason whatsoever, the cumulative amount of damages and interest to which the Site may be liable is expressly limited to the sums actually received by the Site for the services for which liability has been recognized, up to the amount of the sums received for the Buyer's order(s).
In no event shall the Site be liable for any damages whatsoever, including but not limited to financial loss or loss of computer programs, suffered by the Buyer as a result of the non-fulfillment of these General Terms and Conditions, which damages are, by express agreement, deemed to be indirect damages.
Any action brought against the Buyer by a third party is deemed to be an indirect loss, and consequently does not give rise to a right to compensation.
The Site shall in no event be liable for any consequential damages, even in part, resulting from a total or partial breach of the Buyer's obligations, nor for any indirect damages, even if the Site has been advised of the possibility of such damages.
The Site shall not be liable and shall not be deemed to have breached its obligations in the event of non-performance of all or part of its obligations or of a disruption in the performance thereof if such non-performance is due to an event of force majeure or to an act of the Buyer or a third party. In this case, the Site will inform the Buyer and will seek with him the measures to be taken to remedy the situation created.
The Buyer guarantees and undertakes to indemnify the Site against any damage suffered by the latter and against any liability action that may be brought against the Site on the basis of the violation of these General Terms and Conditions and/or any right of a third party.
The Site assumes no liability or responsibility for any delays, alterations or other errors that may occur in the transmission of shipments from the Site when such events result from the use of networks or a failure on the part of the Buyer.
The Site cannot be held responsible for the fraudulent use by a third party of the Buyer's e-mail address and password. Hypertext links on the Site may lead to other sites. The Site may not be held liable for any damage resulting from the use of said links, from the inability to access the referenced sites, or from the content or actions of these sites.
The Site assumes no responsibility or liability for the form, sufficiency, accuracy, authenticity, falsification or legal effect of any data transmitted to access the Site.
The Site is not responsible for the unavailability of networks not entirely under its direct control, nor for any modification, suspension or interruption of its services.
The Buyer is obliged to make all necessary backups, with the result that the Site cannot be held responsible for any loss of data or files.

10. PERSONAL DATA

In order to use the Site's services, certain information may be requested from the Buyer during the creation of an account, including but not limited to the Buyer's first and last name, date of birth, country, e-mail address or any other information concerning the Buyer. If the Buyer does not wish to provide this information, the Site invites him/her not to use the services that require it.
The Site uses the information communicated in order to provide the Buyer with services related to the Buyer's orders, including but not limited to, the follow-up of requests for products and services, the delivery of orders, the follow-up of your technical problems, the communication of information related to promotional offers and contests (such as newsletters) as well as satisfaction surveys.
The Site undertakes to comply with the provisions of the French Data Protection Act (available at www.cnil.fr) and the RGPD for all processing of personal data carried out in connection with the operation of the Site.
The Buyer expressly accepts that the Site processes personal data concerning him/her for the proper operation of the Site as specified and explained, in full transparency, in the charter.
The personal data relating to the Buyer transmitted and held by the Site within the framework of the Site comply with the positive law in force with regard to personal data and may not be disclosed without having obtained the prior consent of the Buyer.
In accordance with the Data Protection Act of January 6, 1978 duly amended and the RGPD, the Buyer may:
- request a copy of the personal data held about him ;
- inform you of any changes to your personal data,
- ask to modify or rectify any personal data held about them;
- request the erasure, deletion, blocking or restriction of the processing of personal data,
- oppose the processing of personal data;
- request data portability from May 25, 2018.

For any request concerning the exercise of the rights referred to above and in the event of a complaint, it will be necessary to contact the data protection officer, indicating the subject of the request, the e-mail address, the surname, first name and postal address, together with a copy of the person's identity document:

- By e-mail to dpd@project-web.fr ;
- By visiting the Site, in the contact section: https://www.miss-monoi.com/contact_us.php
- By post to the following address

https://miss-monoi.com/
Data Protection Officer
235 Allée Hector Pintus
06610 La Gaude (France)

A reply will be returned within a maximum of one (1) month from the date of receipt of the request.

Should you request the deletion of your data and/or should you exercise your right to request the deletion of your data, the Site may nevertheless keep your data in archival form for the period necessary to meet its legal, accounting and tax obligations.

Cookies

See the data protection charter

11. INTELLECTUAL PROPERTY

All elements of the site, including graphic design, brand name, site domain name, database and data, are protected by copyright, database producers' rights and industrial property laws. Any unauthorized use of the Site's elements may constitute a violation of these laws. The Site does not grant Users any express or implied right to software, patents, copyrights, databases and data, trademarks or trade secrets relating to the elements of the Site. Only a right of use on the elements of the Site is granted for the use of the Site.
Except as expressly provided in these General Terms and Conditions, no part of the Site may be reproduced in any form or by any means whatsoever without the written permission of the Site. Similarly, the User agrees not to:

The extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of the Site onto another medium, by any means and in any form whatsoever;
Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the Website, in any form whatsoever.
Exceptions unless otherwise indicated, the User is authorized to consult, download and print the documents and information available in the section reserved for him on the Site by using his login and access code in his sole capacity as User for private use.
The creation of a hypertext link, even a simple one, to the Site may only be done with the Site's authorization, and on condition that no confusion may exist in the minds of Internet users as to the identity of the site or the origin of the information.

12. FORCE MAJEURE

The Site and the Purchasers shall not be held liable for any delay in the performance of its obligations or for any failure to perform its obligations under these General Terms and Conditions when the circumstances giving rise thereto constitute force majeure within the meaning of Article 1148 of the French Civil Code.
It is expressly agreed that, in addition to the cases usually accepted by the case law of French courts and tribunals, the contractual clauses contained in these Conditions are considered to be cases of force majeure or fortuitous events:
Total or partial strike, lock-out, riot, civil disturbance, insurrection, civil or foreign war, nuclear risk, embargo, confiscation, capture or destruction by any public authority, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, blocking of electronic communications, including electronic communications networks, unforeseeable by the Site, calling into question the norms and standards of its profession and any other event beyond the control of the parties preventing the normal performance of the obligations arising from these Conditions.
In the first instance, cases of force majeure will suspend performance of these General Terms and Conditions from receipt of a letter with acknowledgement of receipt precisely identifying the event in question. In the event of force majeure lasting more than forty-five (45) days, the contractual relationship will be terminated automatically, unless otherwise agreed between the parties.

13. PROOF AGREEMENT

In accordance with Articles 1365, 1367 and 1368 of the French Civil Code in force as of 01/10/2016 (formerly Articles 1315 of the French Consumer Code and 1316-2), the Site and the Buyers intend to lay down, within the framework of e-commerce services, the rules relating to the evidence admissible between them in the event of a dispute and to its probative value. The following provisions thus constitute the evidence agreement between the parties, who undertake to comply with the present article.
The Site and Buyers agree that in the event of a dispute, e-mail addresses, connection logs and passwords used in connection with the Site and Accounts, as well as e-mails exchanged and Buyer account data, shall be admissible in court and shall constitute proof of the data and facts contained therein.
The Site and the Purchasers agree that, in the event of a dispute, emails, photographs and proof of weight shall constitute proof of acceptance of these general terms and conditions of sale and of the materiality of the order and parcel, in particular by means of a photograph taken at the time of preparation and departure of the parcel.
The Site and Buyers agree that in the event of litigation, data and connection logs relating to actions carried out from their accounts are admissible in court and are proof of the data and facts they contain.
The Site and the Purchasers agree that in the event of a dispute, these documents, information and recordings will constitute proof, in particular of the date and content of the offer and the order, regardless of the amount.

14. GENERAL PROVISIONS

14.1 Subcontracting
The Site reserves the right to subcontract all or part of the services relating to the distribution and sale of Products on the Site to any other company of its choice, with each party remaining solely liable to the other.

14.2 Notification
Any notification required under the terms of the contract shall be made to the other party in writing, by registered letter with acknowledgement of receipt (LRAR), or by any other means whose receipt can be proven (DHL, Chronopost, Hybrid registered letter, Dépomail, ... ), to the address of the Site (contact@miss-monoi.com) or to any other address that one of the PARTIES may subsequently indicate to the other in writing in accordance with the present article. Such notice shall be deemed to have been received by a party on the first business day following its first presentation to such party.
For the performance of the contract and its consequences, the PARTIES respectively elect domicile at their registered offices or addresses, indicated at the head of the present document.

14.3 Entire agreement of the PARTIES
The PARTIES acknowledge that the contract, the Appendices to these General Terms and Conditions and any amendments thereto constitute the entire agreement between them with respect to the fulfillment of the subject matter hereof and supersede all prior agreements and proposals to the same effect, regardless of form.
This contract is made up of the following contractual documents:

The order placed on the Site ;
These terms and conditions ;
These General Terms and Conditions cancel and replace all previous documents relating to the same subject.

14.4 Claims
Any claim by the Buyer must, on pain of foreclosure, be sent by registered letter with acknowledgement of receipt to the signatory of the contract within EIGHT (8) days of the discovery, notified in writing, of the event giving rise to the said claim.

14.5 Miscellaneous
Should one or more provisions of the General Terms and Conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions of the General Terms and Conditions.
The Buyer is hereby informed that the Site may, in any event, freely cease to operate, sell and/or transfer the Site, without the Buyer being able to claim any rights whatsoever, particularly with regard to their account and any loyalty points.

15. APPLICABLE LAW AND JURISDICTION / MEDIATION

These Terms and Conditions are governed by French law.
The Buyer may at any time consult his rights at the following addresses:

www.legifrance.fr
www.cnil.fr

In the event of a dispute, the Consumer may have recourse to a consumer mediator pursuant to Ordinance No. 2015-1033 of 20 August 2015 on the out-of-court settlement of consumer disputes. After writing to Miss-Monoi.com, the Consumer may refer any unsuccessful consumer dispute to the Service du Médiateur: MEDIATION - VIVONS MIEUX ENSEMBLE - 2 impasse de Beauregard - 54000 NANCY / http://www.mediation-vivons-mieux-ensemble.fr

Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

Any dispute relating to the validity, interpretation, execution or non-execution of these General Terms and Conditions of Use governing the relationship between the Parties shall be submitted to the French Courts, without prejudice to the Site's right to take legal action against any person who has infringed its rights, before a court that would have jurisdiction in the absence of the aforementioned clause.