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General Terms and Conditions of Sale
PREAMBLE
These General Terms and Conditions of Sale are entered into between, on the one hand, BM Commerce, registered with the Cannes Trade and Companies Register under number 792880916.
Telephone: 06.12.44.19.26 (from 9 a.m. to 12 noon and from 2 p.m. to 6 p.m. on working days) E-mail: [email protected]
Hereinafter referred to as “the Seller”.
And, on the other hand,
Internet users, natural persons acting as consumers and wishing to make a purchase on the “Le Monde Minéral” website, available at: https://www.lemondemineral.com
Hereinafter referred to as “the Buyer”.
These terms and conditions govern the sale of any product or service presented on the “Le Monde Minéral” website by BM Commerce.
The parties agree that their relationship shall be governed exclusively by this contract, to the exclusion of any other terms and conditions.
Any order duly validated on the “Le Monde Minéral” website implies full and unconditional acceptance of these General Terms and Conditions of Sale and, where applicable, of any special or specific terms relating to one or more products, services or orders.
If any condition were to be missing, it shall be deemed to be governed by the practices in force in the distance selling sector for companies whose registered office is located in France. BM Commerce undertakes to comply with all provisions of the French Consumer Code relating to distance selling.
PURPOSE
These terms and conditions are intended to define the sales arrangements between the Seller and the Buyer, from the order process to the services provided, including payment and delivery.
They govern all the steps required to place an order and ensure the follow-up of this order between the contracting parties.
ORDER AND AVAILABILITY
An order may only be registered on the website if the Buyer has clearly identified himself or herself by entering his or her login details and password, which are strictly personal.
The Buyer declares that he or she is at least 18 years old and has the legal capacity, or parental authorisation, required to place an order on the Website.
Any order implies acceptance of the prices and descriptions of the products available for sale.
The Buyer declares that he or she has read and accepted these General Terms and Conditions of Sale before placing the order. Validation of the order therefore constitutes acceptance of these General Terms and Conditions of Sale.
After the order has been placed, the Seller sends the Buyer an e-mail confirming the order.
The Seller informs the Buyer when the items have been dispatched. The Buyer may modify the order up until the date the items are dispatched.
BM Commerce undertakes to honour orders received on the website only within the limits of available stock. If a product is unavailable, the Seller undertakes to inform the Buyer.
DELIVERY
From the date of dispatch of your order on lemondemineral.com, delivery is generally made within 24 to 48 hours for France, depending on the carrier and the option chosen, and within 3 to 8 days for other countries.
If the Seller becomes aware of a total delivery time exceeding 30 days, the Seller may offer the Buyer the cancellation of the initial order while awaiting replenishment of the product.
You can check the tracking of your parcel online. To do so, go to your customer account on lemondemineral.com.
Once logged into your account using your e-mail address and password, click on My orders and then on the details of the relevant order. You will find the status of your order and its tracking number there.
BM Commerce is responsible for the delivery of orders until they are delivered.
This responsibility ends once the Buyer has received and signed for the order.
The Buyer must check the condition of the order upon delivery, in the presence of the carrier. The Buyer may:
1) Refuse the parcel and immediately inform BM Commerce within 48 hours at the following address: [email protected], and also inform the carrier by registered letter with acknowledgement of receipt within 48 hours.
2) Enter the usual reservations on the carrier’s delivery note if there is any doubt about the condition of the parcel.
If the product received does not conform to the order, the Buyer must inform BM Commerce before making any return, by e-mail at [email protected], stating the order number and the issue identified.
After reviewing the request, BM Commerce will inform the Buyer of the return procedure to be followed. If the non-conformity is confirmed, the return shipping costs and, where applicable, the shipping costs for a replacement product shall be borne by BM Commerce.
The Buyer may request one (1) product exchange per order, subject to the prior agreement of BM Commerce and product availability. The Buyer must inform BM Commerce of this request by e-mail at [email protected].
In this case, except in the event of an error attributable to BM Commerce or a lack of conformity of the product delivered, the return shipping costs shall be borne by the Buyer and the shipping costs for the new parcel shall be borne by BM Commerce.
The returned product must be complete, properly protected, in packaging allowing safe transport, and in the same condition as when received. It must be sent using a tracked delivery method.
The refund or exchange shall be effective after receipt and inspection of the product by the Seller.
BM Commerce will refuse any return that has not followed this procedure.
In the event of a delay in delivery, the Buyer must inform BM Commerce at [email protected]. BM Commerce will then open an enquiry with the carrier. No modification to the order may be made before the carrier has responded. If the parcel is lost, BM Commerce will send, at its own expense and after informing the Buyer, a parcel conforming to the order.
PAYMENT METHODS
The Buyer may pay for purchases:
- by cheque when ordering (on request)
Payment by bank cheque is only possible for cheques in euros drawn on a bank domiciled in France or Monaco. In the event of payment by cheque, the cheque will be cashed upon receipt. The cheque must be made payable to the Seller and sent to the address below, together with a copy of the order summary:
BM Commerce
13 rue Roquebillière
06150 Cannes La Bocca
- by bank transfer:
Bank details:
Account holder: BM Commerce
Domiciliation: 13 rue Roquebillière 06150 Cannes La Bocca
Bank code: 30002
Branch code: 03266
Account number: 0000117413Z
RIB key: 74
IBAN: FR09 3000 2032 6600 0011 7413 Z74
BIC (Bank Identifier Code): CRLYFRPP
- online by bank card when ordering:
Carte Bleue, Visa, Mastercard, American Express.
- online by Paypal.
PRICES
The prices of our products are indicated in euros, all taxes included, excluding processing and shipping costs.
The Seller reserves the right to modify prices at any time, but products will be invoiced on the basis of the rates in force at the time the orders are registered.
The prices indicated on the website are guaranteed for the duration of their online publication and subject to available stock.
Any order placed on the website and delivered outside France and, more generally, outside the European Union, may be subject to taxes and customs duties imposed when the parcel reaches its destination. These customs duties and any taxes related to the delivery of an item are payable by the Buyer and are the Buyer’s responsibility. The Seller is not required to check or inform the Buyer of applicable customs duties and taxes. To find out about them, we recommend that the Buyer contact the competent authorities in his or her country.
RIGHT OF WITHDRAWAL / RETURN / EXCHANGE
In accordance with the provisions of the French Consumer Code applicable to distance contracts, the Buyer acting as a consumer has a period of fourteen (14) days to exercise the right of withdrawal, without having to justify the decision.
This period runs from the day on which the product is received by the Buyer or by a third party designated by the Buyer, other than the carrier.
To exercise the right of withdrawal, the Buyer must inform BM Commerce of the decision to withdraw before the expiry of the fourteen (14) day period, by means of a clear statement sent by e-mail to [email protected] or by post to the address of BM Commerce.
The Buyer then has a period of fourteen (14) days from the communication of the withdrawal decision to return the product.
The returned product must be complete, properly protected, in packaging allowing safe transport, and in the same condition as when received. The Buyer is advised to use a tracked shipping method.
Return shipping costs shall remain payable by the Buyer, except in the event of an error attributable to BM Commerce or a lack of conformity of the product delivered.
In the event of valid exercise of the right of withdrawal, BM Commerce shall refund the Buyer all sums paid, including the initial standard delivery costs, within a maximum period of fourteen (14) days from the date on which BM Commerce is informed of the decision to withdraw. BM Commerce may, however, defer the refund until the product has been recovered or until the Buyer has provided proof that the product has been sent back.
Products returned incomplete, damaged or clearly used beyond the handling necessary to assess their nature, characteristics and good condition may be subject to a reduction in refund or refusal of refund, under the conditions provided for by the applicable regulations.
Exchanges may be offered on a commercial basis, subject to the prior agreement of BM Commerce and product availability. They do not replace the statutory right of withdrawal.
SIGNATURE AND PROOF
Any user of the website who does not hold a customer account must follow a registration procedure enabling him or her to open a customer account. The login and password are confidential data that the customer must not disclose to third parties. In the event of any doubt regarding unauthorised use of the account, the customer must promptly inform the Seller.
In all cases, the online provision of the bank card number and final validation of the order shall constitute proof of the full order, in accordance with the provisions of the Act of 13 March 2000, and shall make the sums committed by entering the items appearing on the order form payable.
This validation constitutes signature and express acceptance of all operations carried out on the website. However, in the event of fraudulent use of his or her bank card, the customer is invited, as soon as such use is noticed, to contact the Seller’s customer service by calling 06.12.44.19.26.
LIABILITY
BM Commerce is bound by an obligation of result for all order-taking steps and for the steps following the conclusion of the contract.
Accordingly, the Seller undertakes to describe as accurately as possible the products sold on the website “www.lemondemineral.com”. However, the Seller may not be held liable if the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by French case law. Similarly, the Seller may not be held liable for any inconvenience or damage inherent in the use of the Internet network, including service interruption, external intrusion or the presence of computer viruses.
PERSONAL DATA
BM Commerce may collect and process certain personal data of the Buyer in connection with the management of orders, payment, delivery, after-sales service, customer relations and, where applicable, the sending of commercial information when authorised.
The data collected is necessary for the performance of the sales contract, compliance with the legal obligations of BM Commerce and the management of the commercial relationship.
Personal data is kept for the period necessary for the purposes for which it is collected, and then archived where necessary in order to comply with applicable legal, accounting or tax obligations.
In accordance with the applicable regulations on the protection of personal data, the Buyer has, in particular, a right of access, rectification, erasure, objection, restriction of processing and, where applicable, a right to data portability.
The Buyer may exercise these rights by contacting BM Commerce at the following address: [email protected].
When the Buyer receives commercial communications from BM Commerce, the Buyer may object to them at any time according to the procedures indicated in the messages received or by contacting BM Commerce.
BM Commerce implements measures intended to preserve the confidentiality and security of personal data transmitted on the website. The website notably uses an SSL-type secure exchange protocol.
For more information on the processing of personal data and the use of cookies, the Buyer is invited to consult the website’s privacy policy.
INTELLECTUAL PROPERTY
All elements of the website “www.lemondemineral.com”, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
ENTIRE AGREEMENT
Should any clause of this contract be declared null and void as a result of a change in legislation or regulations, or by a court decision, this shall not in any way affect the validity of and compliance with these General Terms and Conditions of Sale.
DURATION
These terms and conditions shall apply for as long as the services offered by BM Commerce are available online.
PROOF
Computerised records, kept in the computer systems of BM Commerce and its partners under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties.
CONSERVATION AND ARCHIVING OF TRANSACTIONS
Order forms, invoices and transaction-related elements are kept by BM Commerce on a reliable and durable medium, under conditions ensuring their integrity and conservation for the legally applicable periods.
APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the Buyer is invited to contact BM Commerce beforehand in order to seek an amicable solution.
Failing amicable resolution, the dispute may be brought before the competent courts under the conditions provided for by the applicable regulations.