Article 1 – GENERAL PROVISIONS – SCOPE
1.1 These General Conditions of Sale (“the GCS”) determine the rights and obligations of the parties in connection with the online sale of Products offered by Mams Company (“the Company”) 515 237 774 RCS Toulouse
1.2 Any Order placed on the MaLunchBox website implies the prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These T&Cs therefore form an integral part of the Contract between the Client and the Company. They are fully opposable to the Customer who declares to have read them and to have accepted them, without restriction or reservation, before placing the Order.
1.3 These T&Cs apply to any Order placed by an adult natural person acting as a consumer. The Customer therefore certifies that he is a natural person over the age of 18, acting for purposes that do not fall within the scope of his commercial activity,
industrial, artisanal, liberal or agricultural. He acknowledges having the full capacity to commit when he places an Order and undertakes to provide truthful elements as to his identity.
1.4 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these GCS, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, artisanal activity; liberal or agricultural, including if they act in the name or on behalf of another professional.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The GCS applicable to each Order are those in force on the date of payment or of the first payment in the event of multiple payments) of the order. The Company reserves the right to modify them at any time, by the publication of a new version on its website. These T&Cs can be viewed on the Company's website at the following address:
https://ma-lunch-box.fr and can be downloaded in pdf format.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Order Process
To buy one or more Products on the site, the Customer selects each Product and adds it to his basket. Once his selection is complete, he must confirm his basket to proceed to the Order (1st click)
At this stage, the Customer is redirected to a page containing:
A summary of the selected Products, the corresponding prices, terms and delivery costs. It is then up to him to check and possibly correct the contents of his basket.
These T&Cs. It is up to him to read them carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the T&Cs (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails a payment obligation on his part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to the payment of his Order.
After having validated his Order and made his payment, the Customer receives, on the email address he communicated to create his account, a confirmation message from the Company. This message contains, in pdf format:
The summary of his order (Selected products, prices, terms and delivery costs);
The identification specifies the Mams Company and its activity;
The Order number;
The terms, conditions and withdrawal form;
These T&Cs in pdf format.
In the event of non-receipt of the confirmation of the Order, it is recommended that the Customer contact the Company via the contact form present on the site.
The Customer then receives a purchase invoice sent in electronic form, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Case of refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in accordance with the T&Cs;
Quantities ordered that do not correspond to normal use by a consumer Customer;
Non-payment of a previous Order or ongoing dispute regarding a previous Order;
Suspicion of fraud on the Order (supported by a body of corroborating evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, such Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Consequently, the Company declines all responsibility for any errors that may be contained in the Specifications.
The packaging may differ from those expected, during a change of packaging, the old stocks continue to be shipped.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The period of validity of the Product oﬀer as well as their prices is specified on the Company's websites. Sometimes our products bearing the MaLunchBox™ brand are out of stock. In this situation, we deliver the same product without the MaLunchBox™ brand.
3.2 Product Availability
Product offers are valid within the limits of available stocks from our suppliers. This availability of the Products is normally indicated on the specific Product page.
However, insofar as the Company does not reserve stock (except in special cases of Products indicated in pre-order on the Product sheet), placing a Product in the basket does not absolutely guarantee the availability of the Product. Product and its price.
In the event that a Product becomes unavailable after the validation of the Customer's Order, the Company will inform him immediately by email. A substitute product will be offered to the customer, without a response from the customer, the substitute product will be validated by MAMS COMPANY within 7 days.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 – PRICE OF PRODUCTS
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of brands is modified.
4.2 Modification of the prices indicated on the sites
The prices of the Products are indicated on the Product description pages. They are indicated exclusive of tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time of the validation of the Order.
4.3 Product prices
Insofar as many Products are imported from abroad (outside the European Union) at the request of the Customers, the prices of the Products sold through the Internet sites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. opposites. They are precisely determined on the Product description pages. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
MAMS COMPANY is a micro company, VAT is not applicable, article 293B of the general tax code
The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be entirely the responsibility of the Customer, who is liable for these taxes as recipient. of the product.
The prices of the Product(s) do not include the costs of packaging, packaging, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of fees
The Customer is solely responsible for the process of declaration and payment of import VAT during customs clearance of the Product. He may be asked to pay import VAT. Insofar as this tax is not the responsibility of the Company, it cannot be required to reimburse this tax.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these rights and sums.
They will be the responsibility of the Customer and are his responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Client to inquire about these aspects with the corresponding local authorities.
Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in installments, in particular with regard to the amount to be paid and the knowledge it has of the Client concerned. However, the Company has no obligation to grant such terms of payment. In the event of a particular situation, the Customer may make a request by contacting the Company's Customer Service at the following address firstname.lastname@example.org
5.2 Methods of payment
To pay for his Order, the Customer can choose between different payment methods:
Payment by credit card :
Only bank cards linked to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he has the necessary authorizations to pay with the credit card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.
Payment via PayPal
Payment by Paypal is accepted up to a limit of €1,000.
It is emphasized that in the event of recourse to this method of payment, the General Conditions of Use of Paypal, which are available on their site, are added to these GCS.
Payment by vouchers and/or promo codes
The purchase vouchers and/or promotional codes issued by the Company can be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use the purchase vouchers and/or promotional codes, the Company may proceed with the outright cancellation of the Order.
In general, in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Client concerning a Previous order.
The Company reserves the right to set up an Order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the Customer may be asked to send the Company by email or by post a copy of an identity document, proof of address and a copy of the bank card used for payment. . Precise indications on the exact content of the information requested (to preserve the confidentiality of his data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY - CUSTOMS CLEARANCE - RECEPTION
Before the validation of the Order, the Company communicates to the Customer information concerning the various delivery methods as well as their respective prices. Following the choice of the delivery method by the Customer, the Company communicates to him an estimate of the delivery time.
The Company will make every effort to ensure that the Product(s) is (are) delivered no later than the date scheduled for delivery. In the event of difficulty, the Company undertakes to communicate quickly with the Customer to inform him and to seek with him an adequate solution.
Air transport, shipping and/or delivery of the Product(s) will be fully borne by the Customer ("Delivery costs"). These delivery costs are included in the final price invoiced to the Customer when placing the Order. On the other hand, any customs fees are not included in the price invoiced to the Customer by the Company.
Depending on the methods chosen by the Customer, delivery will be made either to the address mentioned by the Customer, or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the responsibility of the Customer to carefully check the indications communicated for the delivery because he remains solely responsible in the event of non-delivery due to incomplete or erroneous information.
6.2 Customs clearance
When purchasing, the Customer purchases the product duty-free and becomes an importer of the purchased product in its capacity as recipient of the Product.
He is therefore in particular responsible for the import process and customs clearance of the product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than €150).
The Customer is solely responsible for the process of declaring customs duties during the customs clearance of the Product. These customs duties, which are not invoiced to the Customer by the Company, do not come under the responsibility of the Company. The latter cannot therefore be held liable for reimbursement of these rights.
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
In the event of finding an anomaly, the Customer must contact the Customer Service of the Company within three days (excluding public holidays) following the date of receipt of the Product. Any complaint filed after the deadline cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period runs from the receipt of the last Product.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods likely to deteriorate or expire rapidly;
For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
Concluded during a public auction;
7.3 Modalities for exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration and expressing his intention to withdraw within the 14-day period mentioned above.
Standard model of withdrawal form:
For the attention of Mams Company, (name of the site concerned), Customer Service.
I, the undersigned ______, hereby notify you of my withdrawal from the contract relating to the sale of the Product below:
Date of order and receipt:
Order number :
Withdrawal request tracking number:
Client name :
Signature of the Customer: (only in the event of notification of this form on paper
This form must be sent to the Company at one of the following addresses:
- For electronic sending, to the address: email@example.com
The Customer has a period of 14 days from the sending of the notification of his withdrawal to return the Product to the Company in its original packaging, the return costs being the sole responsibility of the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow the Company to put them back on sale. In the event of receipt of open, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of a return of the Product under the conditions provided for by law and these GCS, the Company will reimburse all sums paid by the Customer, delivery costs included, within 14 days of the notification of withdrawal, unless the Product is not returned afterwards. In this case, the Company will only refund after receipt and verification of the condition of the returned Product.
This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless expressly agreed by the Customer for another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 – GUARANTEES
8.1 Legal guarantees
The Company remains liable for defects of conformity of the goods in accordance with the provisions of articles L.217-4 and following of the Consumer Code as well as for hidden defects of the thing sold in accordance with articles 1641 and following of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 and following of the Consumer Code), the Consumer Client:
Benefits from a period of 2 years from the date of issue to act
Can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L.217-9 of the Consumer Code
Is exempted from providing proof of the existence of the lack of conformity during the 24 months following the delivery of the goods if the Product is new, and during the 6 months following the delivery if the Product is sold second-hand.
The Customer can also decide to act within the framework of the legal guarantee against hidden defects within the meaning of article 1641 of the Civil Code, the Customer can choose between the resolution of the sale or a reduction of the price, in accordance with the article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or carried out under his responsibility. »
L.217-5 Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
L.217-9 Consumer Code
“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
L.217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
1641 of the Civil Code
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them. »
1648 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. […]”
8.2 Manufacturer's Warranty
Certain Products for sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not a direct party.
The existence of this type of guarantee is mentioned, where applicable, on the specific Product page.
If the Customer wishes to invoke this guarantee, he should notify the Company by contacting Customer Service and consult the terms and conditions for the application of the guarantee himself, which are generally inserted in the box. regarding the Product.
It is recalled that the benefit of the Manufacturer's Warranty does not preclude the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee against hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
In the context of the commercial relationship, the Company, responsible for processing, collects a certain number of mandatory personal data (including in particular, surname, first name, delivery address, etc. which are mentioned by an asterisk) which are absolutely necessary for the processing of the Order, the management of the commercial relationship, the production of statistics and compliance with the legal and regulatory obligations of the Company. They are kept for 5 years from the end of the Contract.
The fact that the Customer does not communicate this information would make it impossible to process his Order.
These data are intended for internal use by the Company but may be transmitted to companies which contribute to the performance of the service, including in particular those which ensure the delivery of the Products or ensure the processing of payments.
Regarding this personal data, the Customer has several rights:
Right of access to personal data concerning him;
Right of rectification and deletion if the personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and retention of certain data is prohibited;
Right to limit data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right of opposition to the processing of data (in particular in the event of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the storage, erasure and communication of your personal data
Right to withdraw consent to carry out certain processing operations (processing operations carried out before the withdrawal of consent remain lawful)
Right to lodge a complaint with the CNIL.
To exercise his rights, the Client may send a request to the Company, by means of:
a letter addressed to Mams Company to firstname.lastname@example.org
The request must mention the Customer's e-mail address, surnames, first names, postal address and must be accompanied by a copy of his double-sided identity document.
A response will be sent to him within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on the page of a Product, the sale of Products on the site does not entail any transfer of intellectual property on the Products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No assignment of intellectual property rights is made through these GCS.
Article 11 - FORCE MAJEURE
The Company cannot be held responsible for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary set forth herein, the Company shall under no circumstances be held liable in the event of loss or damage due to improper use of the Product(s) by the Customer, including in particular a modification or alteration of the/ Product(s) not authorized by the Company.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GTC, or generally the applicable legal provisions, without prejudice to any damages that the Company may request.
Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site, without the prior authorization of the Company.
Article 14 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
During each Order, the Order summary is sent by email to the Customer and archived on the Company's website.
The archiving of communications between the Company and the Client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, in which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Customer and the Company. They can be produced as proof of the Contract.
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
The Customer will have access to the archived elements on simple request to the address email@example.com
Article 15 - NULLITY AND MODIFICATION OF THE GCS
If any of the stipulations of these GCS is void, it will be deemed unwritten, but will not result in the nullity of all the contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made under these T&Cs, regardless of the frequency and duration, cannot constitute modification of the T&Cs, nor generate a any right for the Customer.
Article 16 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These T&Cs are subject to French law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.