Editor of the offer
The website MayDineFrance.fr (the platform) is an initiative of:
The company MESNIL BIEN-ÊTRE (the seller)
Simplified joint-stock company with a capital of 2000€
Registered in the RCS of Rouen under number 889 017 620 since 22/09/2020
Whose registered office is at 120 route de Paris 76240 Le Mesnil-Esnard.
VAT number - FR 42 88 90 17 620
Phone - +33 7 85 25 35 81, local call cost.
Email - MayDineFrance@gmail.com
Publication director - Joffrine DEHAIS
Website host - GoDaddy / Hostinger
Address - www.MayDineFrance.fr
Article 1 - General provisions relating to these general terms and conditions of sale
1.1 Object
The GTC apply exclusively to the online sale of products listed on the website www.MayDineFrance.fr, which is freely and freely accessible to any Internet user
No general or specific condition communicated by the customer can be integrated into these general terms and conditions of sale
Consequently, placing an order implies the full and unreserved acceptance by the customer of these general terms and conditions of sale, to the exclusion of any other condition
1.2 Scope
The GTC exclusively govern contracts for the online sale of MESNIL BIEN-ÊTRE products to customers and, together with the online order, constitute the contractual documents opposable to the parties, to the exclusion of any other documents, prospectuses, catalogs, or photographs of products which have only indicative value
The GTC are exclusively applicable to products delivered to customers established in metropolitan France, in the overseas territories, and/or in a member country of the EU
The GTC, as well as all contractual information mentioned on the website, are written in French
The GTC are made available to consumers on the seller's website where they can be consulted directly
The GTC are binding on the customer who acknowledges, by ticking a box provided for this purpose, that they have read and accepted them before validating the order
The validation of the order by its confirmation constitutes acceptance by the customer of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-2 of the Civil Code (old C. civ., Art. 1369-4)
1.3 Modification of the GTC
MESNIL BIEN-ÊTRE reserves the right to modify its GTC at any time
In the event of a modification of the GTC, the applicable GTC are those in force on the date of the order, of which a dated copy can be provided to the customer upon request
1.4 Divisibility of the clauses of the GTC
The nullity of a contractual clause does not entail the nullity of the GTC, unless it is an impulsive and determinative clause that led one of the parties to conclude the sales contract
The temporary or permanent non-application of one or more clauses of the GTC by MESNIL BIEN-ÊTRE shall not constitute a waiver by it of the other clauses of the GTC, which continue to have effect
Article 2 - Platform
2.1 Access and navigation
Access to the MayDineFrance.fr website and its use are open to all
We take all reasonable and necessary measures to ensure the proper functioning, security, and accessibility of our platform. However, we cannot offer a guarantee of absolute operability and therefore our actions must be considered as being covered by an obligation of means
Any use of the MayDineFrance.fr platform is always at the user's own risk. Therefore, we are not responsible for any damages that may result from possible malfunctions, interruptions, defects, or harmful elements present on the platform
We reserve the right to restrict access to the platform or to interrupt its operation at any time, without any obligation of prior notification
2.2 Content
MESNIL BIEN-ÊTRE largely determines the content of the pochonvert.fr website and takes great care of the information presented on it. We take all possible measures to maintain our platform as complete, accurate, and up-to-date as possible, even when the information presented on it is provided by third parties. We reserve the right to modify, complete, or delete the Platform and its content at any time, without our liability being engaged
MESNIL BIEN-ÊTRE cannot offer an absolute guarantee regarding the quality of the information on the site. It is therefore possible that this information may not always be complete, accurate, sufficiently precise, or up-to-date. Consequently, MESNIL BIEN-ÊTRE cannot be held responsible for any direct or indirect damages suffered by the User due to the information on the MayDineFrance.fr site
If some contents of the platform are in violation of the law or the rights of third parties, or are contrary to morality, we ask you to inform us as soon as possible by email so that we can take appropriate measures
Any download from the Platform always takes place at the user's own risk. MESNIL BIEN-ÊTRE cannot be held responsible for any direct or indirect damages resulting from these downloads, such as loss of data or damage to the user's computer system, which are entirely and exclusively the responsibility of the user
2.3 Services reserved for registered users
Registration
Access to certain services is subject to user registration
Registration and access to the services of MayDineFrance.fr are reserved exclusively for individuals of legal age and legally capable, having these T&Cs
When registering, the user undertakes to provide accurate, truthful, and up-to-date information about himself and his civil status. The user must also regularly verify the data concerning him in order to maintain its accuracy
The user must therefore provide a valid email address, to which MayDineFrance.fr will send a confirmation of his registration for its services. An email address cannot be used multiple times to register for services
All communication made by the platform and its partners is consequently deemed to have been received and read by the User. The latter therefore undertakes to regularly check the messages received at this email address and, if necessary, to respond within a reasonable time
Only one registration is allowed per natural person
The user is assigned an identifier allowing him to access an area reserved for him (hereinafter 'My account' (https://MayDineFrance.fr/account/)), in addition to entering his password
The identifier and password can be modified online by the user in his personal space. The password is personal and confidential, so the user undertakes not to communicate it to third parties
MESNIL BIEN-ÊTRE reserves the right, in any case, to refuse a request for registration for services on the platform in the event of the User's non-compliance with the T&Cs
Unsubscription
Regularly registered users may request their unsubscription at any time by writing to MayDineFrance@gmail.com
Any unsubscription from the platform will be effective as soon as possible after the user has completed the form provided for this purpose
2.4 Content published by the user
The user undertakes to comply with the laws in force through each of his publications on the platform. He will be particularly attentive to the interests of third parties, to content of an offensive nature as well as to content that may be contrary to public order or morals. The user remains responsible for any content published on the platform
The platform may moderate any publication and refuse to publish content without having to provide justification. Similarly, content published by a user may be modified or deleted without reason or delay
By publishing on the platform, the user grants MESNIL BIEN-ÊTRE, free of charge and on a non-exclusive basis, the right to represent, reproduce, adapt, modify, distribute and broadcast, directly or indirectly and on any medium and worldwide, the published content
2.6 Links
The MayDineFrance.fr platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between MESNIL BIEN-ÊTRE and the external website or even that there is an implicit agreement with the content of these external sites
MESNIL BIEN-ÊTRE has no control over external websites. We are therefore not responsible for the safe and correct operation of hyperlinks and their final destination. As soon as the user clicks on the hyperlink, he leaves the platform. We cannot therefore be held responsible for any subsequent damage
Article 3 - Products
The products offered for sale presented in the catalog published on the site each have a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code
Photographs illustrating the products do not constitute a contractual document
The method of using the product, if it is an essential element, is mentioned in the electronic catalog or at the latest on delivery
The products are offered and delivered within the limits of available stocks
In the event of unavailability of the ordered product, MESNIL BIEN-ÊTRE immediately informs the customer and proceeds, at the customer's choice:
- sending a substitute product with similar characteristics, the price of which is at least equal to that of the initially chosen product;
- issuing a voucher for the amount of the order (excluding delivery costs);
- refunding the order within 7 days
Apart from the refund of the price of the unavailable product, MESNIL BIEN-ÊTRE is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it
Customers are informed that the site and the company linked to it are not responsible for the use of the products offered for sale through its intermediary. The site is subject to French and European law and is therefore exempt from any liability arising from violations of the law of the country to which the goods are shipped. Customers are therefore invited to check national legislation, assuming all responsibility in the event of violation
Article 4 - Prices
The selling prices are indicated, for each of the products in the electronic catalog, in euros, all taxes included, excluding delivery and transport costs
The selling price of the product is the one in force on the day of the order
Delivery and transportation costs are mentioned before validation of the order and billed in addition unless the order exceeds a sum previously announced on the 'Delivery and Payment' page of the site www.MayDineFrance.fr. They are set out in the order summary
The total amount due by the customer is indicated on the order confirmation page
In the event of a price promotion, MESNIL BIEN-ÊTRE undertakes to apply the promotional price to any order placed during the period of advertising for the promotion
MESNIL BIEN-ÊTRE reserves the right to modify its prices at any time, while guaranteeing the customer the application of the price in force on the day of the order
For deliveries to overseas departments and territories (DOM TOM) no VAT but customs duties may be payable
Article 5 - Offer
The online sales offers presented on the site are reserved for customers residing in mainland France / overseas territories and/or in a member country of the European Union and for deliveries in these same geographical areas. Deliveries outside France are possible, and shipping costs are calculated by the site
The online sales offers presented on the site are valid, unless otherwise indicated, as long as the products are in the electronic catalog and within the limits of available stocks
The acceptance of the offer by the customer is validated, in accordance with the double-click process, by confirming the order
Article 6 - Customer Account
Before placing an order on the site, the Customer can create a customer account. To do this, he must fill out a form in the "My account" section with the information concerning him, and he undertakes to provide accurate information and not to impersonate a third party or modify his age
The Customer indicates in particular his email address and a password which will be used to identify him on the site later. The username and password are personal, and the Customer undertakes not to disclose them
Article 7 - Order
7.1 Conclusion of the Contract Steps
To place an order, the customer, after filling his virtual cart by indicating the selected products and the desired quantities, then clicks on the "Order" button and provides information regarding delivery and payment method
Before clicking on the "Order" or "confirm order" button, the customer has the possibility to check the details of his order and its total price and to go back to the previous pages to correct any errors or eventually modify his order
The sales contract is formed when the customer sends the confirmation of his order
7.2 Order Modification
Any modification of the order by the customer after confirmation of his order is subject to the acceptance of the professional seller
7.3 Order Confirmation
An email acknowledging receipt of the order and its payment is sent by MESNIL BIEN-ÊTRE as soon as possible
MESNIL BIEN-ÊTRE reserves the right to refuse any order for legitimate reasons, particularly if the quantities of products ordered are abnormally high for customers who are individuals
7.4 Archiving
The archiving of communications, purchase orders, and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders, and invoices can be produced as evidence of the contract
Article 8 - Payment
The price of the products is due in full upon confirmation of the order
The transaction is debited from the Client's account on the day of shipment of the order
8.1 Payment Methods
Payment is made online by credit card
8.2 Payment Security
Our website is secured by the mandatory 3D Secure and PCI DSS systems. We use Mollie, a 100% secure solution
8.3 Default of Payment
In case of default of payment of the full price within ten days, the contract will be considered resolved by default
Article 9 - Delivery
9.1 Delivery Zone
MESNIL BIEN-ÊTRE delivers all orders to mainland France, Overseas Territories, and the territory of the European Union
Delivery is possible to other countries if they appear on the list of partner countries of our transport, and shipping costs remain at the customer's expense
9.2 Delivery Times
MESNIL BIEN-ÊTRE undertakes to deliver the products within the timeframe indicated on the order validation page by the customer, namely:
- From 24 hours to 5 days in mainland France;
- From 3 days to 10 days in European Union countries;
- From 5 to 20 days in overseas territories
The delivery time corresponds to the shipping time indicated on the product page plus the processing and shipping time
The deadline starts from the total payment of the order
The deadlines do not apply in cases of force majeure or fortuitous events
9.3 Delivery Costs
Delivery costs are borne by the customer, unless the order exceeds a predetermined amount
9.4 Delivery Methods
The products are delivered to the address indicated by the customer on the order form
Delivery is carried out by:
- Direct delivery of the product to the customer by carriers depending on the size of the item;
- Home delivery
If the product is made available for pickup, it must be collected by the customer within fifteen days from the notice of availability
In the absence of pickup within the specified period, MESNIL BIEN ÊTRE may, after a notice to the customer that remains ineffective, proceed with the pickup and automatically cancel the order
Delivery charges will not be refunded, and any return costs will be borne by the customer
9.5 Product Conformity
When the product is delivered to the specified address, it is the customer's responsibility to check the condition of the delivered product in the presence of the delivery person and, if necessary, to make reservations on the delivery note or transport receipt
If the product is not in accordance with the order, the customer must submit a claim to the professional seller in order to obtain the replacement of the product or possibly the resolution of the sale
9.6 Delivery and Transfer of Risk
The product, which is delivered to the customer by a carrier chosen by MESNIL BIEN-ÊTRE, travels at the seller's risk and peril. The risk is transferred to the buyer when he physically takes possession of the goods
The risks of loss or damage to the goods are transferred to the customer at the time he or a third party designated by him physically takes possession of the goods, without distinction as to their nature
9.7 Transfer of Ownership
From the effective delivery, ownership of the product is transferred to the customer
9.8 Delivery Delay
If delivery has not occurred within 30 days following the date of the online order, the customer may request a refund within 30 days. This period does not apply in cases of force majeure
9.9 Delivery Failure
Total delivery failure automatically results in the resolution of the sales contract and the refund of the price paid, including delivery charges. An incident of delivery will not be considered as a delivery failure
Article 10 - Legal Guarantee of Conformity and Hidden Defects Warranty
All products supplied by MESNIL BIEN-ÊTRE benefit from the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code or the hidden defects warranty provided for in Articles 1641 and following of the Civil Code
The French law applicable to the contract cannot have the effect of depriving the client residing in another Member State of the provisions on guarantees granted by their national law pursuant to the directive of May 25, 1999, concerning the sale and guarantees of consumer goods
MESNIL BIEN-ÊTRE is liable for the warranty due to hidden defects in the item sold which make it unsuitable for the use for which it is intended, or which so diminish this use that the client would not have acquired it, or would have given a lower price for it, if they had known them
The client may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, they can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code
Article 11 - Right of Withdrawal and Return of Ordered Items
In accordance with Articles L. 221-5 and following of the Consumer Code, the client has a period of 14 days from the receipt by themselves or a third party of the ordered items to exercise their right of withdrawal without having to justify any reasons or pay any penalties
To exercise the right of withdrawal, the client must complete the withdrawal form or send an email containing their name, first name, address, and order number, clearly indicating that they are exercising their right of withdrawal to the following address: MayDineFrance@gmail.com
The costs of returning the ordered and delivered product to the client will be borne by the client
The client can return the products to the following postal address:
MESNIL BIEN-ÊTRE
120 Route de Paris
76240 Le Mesnil-Esnard
FRANCE
Returned products must be new, unused, and if applicable, in their original box. Any item returned dirty and/or damaged by the client will not be accepted
The return is made after receipt and confirmation of the complaint by MESNIL BIEN-ÊTRE
It is the client's responsibility to provide proof of this return
The client will be refunded the full amount of their order, at the invoiced price, excluding delivery costs, within 15 days from the receipt by MESNIL BIEN-ÊTRE of the returned order. This refund will be made using the same payment method as the initial transaction
If the return is refused by MESNIL BIEN-ÊTRE for the reasons mentioned above, the products will then be returned to the client at their expense without the client being able to demand any compensation or right to a refund, except for the subsequent exercise of their warranty rights on the sold products
Article 12 – Complaints and Mediation
12.1 Preliminary Complaint
In case of a dispute, the client must make an amicable complaint to MESNIL BIEN-ÊTRE by email: MayDineFrance@gmail.com or by postal mail to the following address:
MESNIL BIEN-ÊTRE
120 Route de Paris
76240 Le Mesnil-Esnard
FRANCE
12.2 Request for Mediation
In case of failure of the complaint request or in the absence of a response within two months, the client may submit the dispute relating to the order or these General Terms and Conditions to a mediator of their choice
To submit a complaint to the mediator, simply send us a request by email to MayDineFrance@gmail.com
The parties to the contract remain free to accept or refuse the use of mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator
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 extrajudicial settlement of disputes between consumers and professionals in the European Union. The platform is accessible at the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm
Article 13 - Intellectual Property
The content of the website www.MayDineFrance.fr, the general structure as well as the software, texts, animated or non-animated images, photographs, know-how, and all other elements composing the site are the exclusive property of MESNIL BIEN-ÊTRE or its partners who have granted it a license
Any total or partial representation of this site by any person whatsoever, without the express authorization of MESNIL BIEN-ÊTRE, is prohibited and would constitute an infringement sanctioned by the Intellectual Property Code
The distinctive signs of MESNIL BIEN-ÊTRE and its partners, such as domain names, trademarks, trade names, as well as the logos appearing on the site, are protected by the Intellectual Property Code
Any total or partial reproduction of these distinctive signs made from the elements of the site without the express authorization of MESNIL BIEN-ÊTRE is therefore prohibited
Article 14 - Force majeure
In the event of force majeure as defined by current case law, the performance of MESNIL BIEN-ÊTRE's services will be suspended in whole or in part. Force majeure means any external, unforeseeable, and irresistible event preventing MESNIL BIEN-ÊTRE from fulfilling its contractual obligations
In the event of the occurrence of an event qualified as force majeure as per the previous paragraph, MESNIL BIEN-ÊTRE undertakes to notify the client as soon as possible
Article 15 - Disputes, Competent Court, and Applicable Law
This contract and the General Terms and Conditions governing it are subject to French law, subject to the mandatory rules of the consumer's country of residence
In the absence of an amicable agreement, any dispute relating to the existence, interpretation, conclusion, execution, or termination of the contract, as well as all documents related to this contract, will be under the jurisdiction of the judicial court and/or the commercial court of Rouen
Retraction Letter
(to be completed by the consumer, and sent by registered letter with acknowledgment of receipt or by email within a maximum period of 14 days following the date of conclusion of the service contract)
To the attention of MESNIL BIEN-ÊTRE
located at - 120 Route de Paris 76240 Le Mesnil-Esnard
Phone number - +33 7 85 25 35 81
Email address - MayDineFrance@gmail.com
Order number:
I hereby notify you of my withdrawal from the contract for the provision of services,
Item ordered on:
Item received on:
First name and last name:
Address:
Date:
Signature:
Annexes
Consumer Code
Article L. 217-4: "The seller delivers goods in conformity 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 put at his charge by the contract or has been carried out under his responsibility."
Article L. 217-5: "The goods conform to the contract:
1° If it is suitable for the use usually expected of a similar good and, if applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, especially 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."
Article L. 217-6: "The seller is not bound by the public statements of the producer or his representative if it is established that he was not aware of them and was not legitimately able to know them"
Article L. 217-7: "Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is fixed at six months. The seller can counter this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity."
Article L. 217-8: "The buyer is entitled to demand conformity of the goods to the contract. He cannot, however, contest the conformity by invoking a defect he knew or could not have been unaware of when he contracted. The same applies when the defect originates from materials supplied by the buyer."
Article L. 217-9: "In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, taking into account the value of the goods or the importance of the defect. In this case, he is required to proceed, unless impossible, according to the option not chosen by the buyer."
Article L. 217-10: "If the repair and replacement of the goods are impossible, the buyer can return the goods and get a refund or keep the goods and get a partial refund. The same option is open to him: 1° If the requested, proposed, or agreed-upon solution pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's claim; 2° Or if this solution cannot be implemented without major inconvenience to him given the nature of the goods and the use he is seeking. The sale cannot, however, be terminated if the lack of conformity is minor."
Article L. 217-11: "The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not preclude the award of damages."
Article L. 217-12: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as stipulated in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law."
Article L. 217-14: "The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code."
Article L. 217-15: "A commercial guarantee means any contractual commitment by a professional to the consumer for the reimbursement of the purchase price, the replacement, or the repair of the goods or the provision of any other service related to the goods, in addition to his legal obligations to guarantee the conformity of the goods
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor
In addition, it clearly and precisely states that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and by the guarantee against defects in the sold item under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code
The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract
In the event of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to rely on it."
Article L. 217-16: "When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the goods in question, if this provision is later than the request for intervention."
Civil Code
Article 1641: "The seller is bound by the guarantee for hidden defects in the item sold which render it unsuitable 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 given a lower price, if he had known them."
Article 1648: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from the apparent defects or lack of conformity."