Terms & Conditions
For any information about the sales of the products sold and shipped by Menlook, please refer to l. GTSC for products sold and shipped by Menlook.
For any information about the sales of the products sold and shipped by a Partner of Menlook, please refer to II. GTSC of the Marketplace.
I GENERAL TERMS AND SALES CONDITIONS FOR PRODUCTS SOLD AND SHIPPED BY MENLOOK
Article 1 – Scope of application
1.1 The present general terms and sales conditions (hereinafter “GTSC”) apply to all orders placed on the website www.menlook.com (the “Site”) relating to the purchase of products on the Site (the “Products”) by the company MENINVEST, a simplified joint stock company based in Paris, France (registered address: 56 rue Saint-Lazare, 75009 PARIS), registered at the RCS of Paris under the number 514 035 534 (intra-Community VAT number FR 325 14 035 534) hereinafter “MENLOOK” for the purposes of the present conditions.
ret 1.2 The use of the remote sales service described in the present GTSC is reserved only to consumers as defined by the law and jurisprudence, acting exclusively on their own behalf (hereinafter “Customers”). MENLOOK does not intend to sell its Products to professionals. The Site does not allow the purchase of its Products in order for them to be resold.
1.3 The GTSC can be modified at any time by MENLOOK.
Subject to any provision contrary to the law, the GTSCs applicable to MENLOOK’s relationship with the Customer are those in force on the day the order is confirmed. They will apply to the exclusion of any other conditions.
MENLOOK does not engage in any cold calling and thus the provisions of the French Consumer Code relative to cold calling are not applicable to orders related to the present GTSC.
1.4 The GTSC do not govern the delivery of services or the sale of products from any entities different to MENLOOK who may appear on the Site via links, banners or hypertext links. MENLOOK cannot in any instance be held responsible for the delivery of services or the sale of products from third parties, or from the conclusion of e-commerce operations between users of the Site and third parties.
Article 2 - Orders
2.1 The costs of internet connection and access are the Customer’s responsibility.
2.2 Orders are placed exclusively on the Site and give rise to an obligation of payment. All orders are approved by the Customer via a click on the button “pay” which constitutes an irrevocable acceptance which can only be contested within the limits laid down in the GTSC.
All orders imply previous awareness and acceptance without reserve of the GTSC by the Customer. The Customer accepts being subject to the GTSC in the context of the validation of his/her order by clicking on the button “pay”. Unless otherwise proved, the data saved by MENLOOK constitutes the proof of all transactions made between MENLOOK and its Customers.
The Customer will have the possibility, before definitively validating the order, to return to previous pages and to correct or modify the order and the information previously entered before confirming the order to express his/her acceptance.
A confirmation of the order validated by the Customer will be sent via e-mail prior to the shipping of the order, and will render the sale definitive subject to the right of the Customer to retract the order. In order to exercise this right to retract, the Customer must first receive the Products and proceed to return them according to the prescribed legal conditions as well as the GTSC.
2.3 The version of GTSC applicable for any given order can be conserved by the Customer by electronic saving or by printing on a paper medium. MENLOOK archives elements that constitute the concluded contract with the Customer on a viable and sustainable medium. In accordance with legal dispositions, each Customer has the right to access these documents for orders equal to or above GBP 120. To this end the Customer has the possibility to contact Customer Services by the contact form at http://www.menlook.com/en/contact-us.html.
Article 3 - Availability of Products
3.1 Product and price offers are valid as long as they are visible on the Site, while stocks last, not including promotional operations indicated as such on the Site. Sales are concluded subject to the effective availability of Products.
3.2 In the eventuality that an ordered Product is unavailable for reasons outside the control of MENLOOK, the Customer will be informed, as soon as MENLOOK learns of this unavailability, via e-mail. The order of this product will automatically be cancelled and reimbursed without delay, and at the latest in the 30 days following the payment made by the Customer.
When the order includes several Products, all available products will be delivered.
MENLOOK reserves the right to offer replacement Products to the Customer of an equivalent quality and price. Any subsequent return postage charges in case of the exercise of the right to withdrawal by the Customer for the replacement Product will be, in this case, reimbursed to the Customer on the basis of the cost paid by the Customer if the prepaid label is not available.
3.3 Additionally, as a retailer that does not have a significant permanent stock, MENLOOK reserves the right to refuse orders of a large number of the same Product, this being applicable on any more than 2 identical Products. MENLOOK also reserves the right to refuse any order coming from a Customer who may not have paid for a previous order (excluding cases of retraction as permitted under the law).
Article 4 - Price, methods of payment and retention of title;
4.1 MENLOOK reserves the right to modify its prices at any time but the Products will be billed on the basis of the prices in force at the time of the validation of the order by the Customer.
4.2 The prices of Products are indicated in Pounds (£) including all taxes (VAT), excluding contribution to the costs of processing and shipping fees that are subject to a separate section at the time of the order, according to the nature of the order. These charges and the total amount due are brought to the attention of the Customer before the validation of the order on the confirmation of the order page. Delivery fees can be looked up on the Site, at the foot of the welcome page in the section “YOUR ORDER – Delivery times and costs” http://www.menlook.com/uk/cms-shipping-partners.html.
If the prices are not indicated in Pounds (£) on the Site (according to the version of the Site accessed by the Customer, the price of Products may be indicated in another currency), the equivalent in Pounds (£) at the latest exchange rate in force used by the Banque de France at the time of the transaction will be confirmed to the Customer before the validation of his/her order. Payments for the order are made in any case in Pounds (£) at the exchange rate in force at the time of the transaction. The dispositions laid down in the tax code relating to VAT will be applicable. MENLOOK does not deduct any bank charges that are not indicated on the Site and that are not clearly added to the total amount of the order before its confirmation. However, it is specified to the Customer that his/her credit or debit card issuer or his/her bank may make exchange rate charges or other amounts relating to the order. MENLOOK strongly advises its Customers to seek assistance from his/her bank or credit/debit card provider in order to be made aware of any potential charges.
In the case of customs duty requirements, import taxes or any other charges, applicable due to the geographical destination of the Products, these charges will be incumbent on the Customer and fall within his/her entire responsibility, in terms of verification of the possibility of importing the Products as well as declarations and payments to authorities or competent organisations. It is therefore recommended to the Customer to ensure verifications of these aspects from relevant local authorities and to carry out any necessary procedures prior to the validation of the order.
4.3 MENLOOK constantly verifies the accuracy of its prices, but is unable to guarantee the absence of material errors. If an error in the price of a Product appears, MENLOOK will give the possibility to the Customer to reconfirm the purchase of the Product at the correct price or cancel the order. If MENLOOK does not obtain any response from the Customer within 14 days, or if MENLOOK is unable to contact the Customer, the order will automatically be cancelled and reimbursed. MENLOOK has no obligation to sell a Product at a clearly incorrect price, even if the order confirmation has already been sent to the Customer.
4.4 Products remain the property of MENLOOK until the full payment of the price by the Customer.
4.5 Payment of orders occurs:
- by bank card (Visa, MasterCard, American Express, other bank cards), or
- by PayPal, or
- by 3 x bank card payments from GBP 199 subject to acceptance of the Customer’s dossier by MENLOOK’s partner.
Other means of payments may be added by the Site, the full list may be accessed on the Site in the “100% Secure Payments” section at the foot of the welcome page - http://www.menlook.com/uk/cms-payments.html.
Bank cards are debited at the time of the order confirmation.
Article 5 - Delivery and transfer of risk
5.1 The deadline for delivery of Products is communicated to the Customer before the definitive validation stage of the order. The indicated delivery times, available on the Site, at the foot of the welcome page in the section “YOUR ORDER – Delivery times and costs” http://www.menlook.com/uk/cms-shipping-partners.html, is indicated in working days. When one order concerns several Products and when these have different delivery dates, the date of delivery of the order to take into account is the one with the furthest away date. MENLOOK reserves the possibility to ship items separately. In this case, the Customer will only be billed the shipping costs for one delivery.
5.2 Products are delivered to the address indicated by the Customer at the time of order. Unless otherwise indicated on the Site, deliveries of Products take place in France as well as other countries on the list which can be consulted on the Site, at the foot of the welcome page in the section “YOUR ORDER – Delivery times and costs” http://www.menlook.com/uk/cms-shipping-partners.html. No deliveries will take place to hotels, postal boxes or PO Boxes.
If the Customer chooses store delivery (the list can be consulted in the section “About – Our stores” at the foot of the welcome page of the Site, hereinafter the “Store”, he/she has 15 working days to collect the order. Beyond this time, MENLOOK reserves the right to cancel the order and to credit the Customer’s account with store credit.
5.3 In the case of delayed delivery, an information e-mail will be sent to the Customer and a new delivery date will be offered.
MENLOOK attempts to respect delivery times stated in the registered order.
In case of an abnormally long delay in delivery or non-receipt of the Products ordered, the Customer can contact Customer Services:
- By the contact form using your order number: http://www.MENLOOK.com/uk/contact-us.
- Soit par télé By telephone at +44 870 820 0290 (Local UK call rates apply from 9:00AM to 5:30PM (GMT) from Monday to Friday)
An investigation will then be opened with the shipping company to locate the package. The duration of this investigation may vary between 3 weeks and 1 month, depending on the time of year.
In any case, and in accordance with legal dispositions, if the delivery delay exceeds 7 days due to any cause other than force majeure, the Customer will benefit from the possibility to cancel the order by sending a letter by recorded delivery to MENLOOK customer services at the address of its headquarters within 60 working days of the initial delivery date. The amount paid by the Customer for the order and shipping costs will be reimbursed if the package has not been received in the meantime. If the Product is received after the date MENLOOK receives the cancellation, the return fees will be paid by the Customer and the return of the Products will only be accepted if the Products are in a state allowing them to be resold as new.
MENLOOK does not accept any responsibility regarding delivery delays if the Customer provided an incomplete or incorrect address while ordering, if the recipient of the package is absent at the time of its delivery, or if the Products are not collected from a Post Office or at the address indicated by the carrier according to the time period and methods indicated by the notice left by the carrier. All redelivery fees will be the responsibility of the Customer. The reimbursement or return of products can only be carried out following the closure of the investigation.
5.4 The transfer of risk occurs at delivery, at the moment when the Products are delivered to the delivery address provided by the Customer.
5.5 It is strongly advised to the Customer to notify the carrier at the time of delivery any concerns about the packaging or the condition of the products (e.g. opened package, damaged package, missing products, damaged products, products different to the order (different colours or dimensions etc). In case of any anomalies, the Customer must provide the carrier with the necessary concerns in an understandable, detailed and precise way in no less than 3 days (not including Bank Holidays) following the delivery via a letter by recorded delivery or via an extrajudicial document, without prejudice to the Customer’s right to challenge MENLOOK within the conditions and limits laid down by the law and by the present GTSC. This notification must be transmitted in the same time period to MENLOOK Customer Services either by letter by recorded delivery to the address of the headquarters or via the contact form http://www.menlook.com/uk/contact-us.html. Beyond this delay, and with the exception of hidden defects, no claim will be accepted by MENLOOK, the Products being considered as being accepted without reservation by the Customer.
Article 6 - Right of retraction and exchange
In accordance with article L121-21-8 5º of the French Consumer Code, underwear and cosmetic products do not benefit from the right to retraction.
6.1 In accordance with the legal dispositions, the Customer has available a period of 14 days following the date of receipt of the order to return any Product without justifying the reason. The return fees in the case of a request for reimbursement will be the responsibility of the Customer. However, if the prepaid label is available, the Customer may use it. We do not yet offer prepaid labels for returns from countries other than the UK. The order may be sent via La Poste or any other carrier selected by the Customer.
When the right to retraction is exercised by the Customer, MENLOOK can also offer store credit or an exchange. Store credit and exchanges are available for Customers with a Menlook account. Guest users, or Customers who check out without creating a password, may request returns but not exchanges. The Customer is free to refuse this offer and can claim the full reimbursement of the full amount. If the Customer requests store credit or an exchange, the retraction period held by MENLOOK is 30 working days following the receipt of the package. In the case where the Customer, following the exercise of his/her right to retraction, chooses a request for store credit or an exchange, and only in these cases, MENLOOK takes responsibility for the cost of return of the initial order. The fees of the return shipment will be reimbursed to the Customer on the basis of the price paid by him/her if the prepaid label is not available.
In the case where the Customer, following the exercise of the right of return, chooses an exchange (another size or colour), the price of the new replacement Product for the initial Product will be the price in force when the order was initially placed. If the Product affected by the exchange has changed price (whether an increase or decrease), it will not lead to any additional reimbursement or charges.
6.2 In case of exercise of the right of return, whether it is for a reimbursement, store credit or an exchange, the Customer must place the Products he/she wishes to return in their original and intact packaging if this is possible (shoe box, for example) and in a condition allowing resale as a new Product, then place it in a suitable cardboard box which will guarantee the safe transport and security of the Products in order to return them to MENLOOK. The Customer must also attach the delivery receipt found inside the initial package and any other document that can identify the order and the Customer. If the prepaid label is available, the Customer may use it.
Customers who have to return a Product from outside of metropolitan France must pay the cost of return, including the payment of import taxes and other possible taxes payable on the receipt of the package. MENLOOK will not proceed with any reimbursement, exchange or store credit if the package has not been first received by the Customer, taxes paid and package returned. The risk of the return is held by the Customer. It is therefore essential to return the package in any way that proves its shipment and the date of shipment. In case of litigation, in order to open an investigation for a potentially lost package, proof of shipment will be requested prior to the opening of an investigation.
The Customer will have the possibility to return the Products for which he/she has used his/her right of retraction to a Store. Returns to Stores will not be possible however during periods of sales.
If the package is lost or damaged during the return of the Product, the cost of the damage is the responsibility of the Customer.
Only the Customer, identified as such by MENLOOK, can exercise this right, with the exclusion of any other person, notably the person receiving the delivery. The delivery address is MENLOOK Chez Morin Logistic 28-40 Rue des Chapelles Zac Chesnes Ouest 38078 ST QUENTIN FALLAVIER.
If following a return in the exercise of the right of retraction, the Customer requests an exchange, the order comprising the new Product will only be shipped by MENLOOK once the initial Product which is the item to be exchanged is received. If this initial Product is not received by MENLOOK within 15 working days following the communication of the decision of the Customer, MENLOOK reserves the right to cancel the new order and to reimburse the Customer according to the applicable rules in case of retraction.
After an initial exchange or store credit request, it is no longer possible to obtain a reimbursement of your order. Only store credit will be offered.
In the case of implementation of the right of retraction by the Customer, only the price of the Product(s) bought and the costs of delivery will be reimbursed as soon as possible and at the latest 14 days following the receipt by MENLOOK of the returned Products.
In the case of partial retraction of the order, the Customer, who may have benefited during the initial order by free delivery due to the order being over a certain amount, may be billed for the delivery costs corresponding to the effective delivery, if the amount is less than the limit for free deliveries. Additionally, if several Products have been ordered, the delivery costs will be reimbursed pro rata for the number of Products returned by the Customer if the delivery costs depend on the number of articles ordered (fees vary according to price range of the order) and they will not be reimbursed if they are a lump sum payment (same price for 1 or 10 Products delivered).
Article 7 - Conformity of the Products
7.1 The photos presented on the Site are illustrative and indicative. For technical reasons (IT and photographical), the reality of the Products may sometimes differ slightly from the image given by the photos on the Site. The Customer is invited to read the description of each Product to know its exact characteristics. In case of doubt, or to obtain additional information, it is possible to contact Customer Services by e-mail http://www.menlook.com/uk/contact-us.html.
7.2 MENLOOK is committed to reimburse the Customer or to proceed with an exchange of Products that are apparently defective, damaged or spoiled or that do not correspond with the order. In this case, the Customer must indicate the situation in a detailed manner and return the Product(s).
In any case, the Customer benefits from legal guarantees of conformity and of hidden defects, in accordance with the legal dispositions in force.
Reminder of articles L.211-4, L.211-5 and L.211-12 of the French Consumer Code, and articles 1691 and 1698, first paragraph, of the French Civil Code:
« Article L.211-4 of the Consumer Code: The seller must deliver goods in conformity with the contract and is liable for defects of conformity existing upon delivery. It also addresses the lack of conformity resulting from the packaging, installation instructions or installation when it was his responsibility under the contract or was carried out under its responsibility."
« Article L.211-5 of the Consumer Code: To comply with the contract, the product must : 1° Be suitable for the purpose usually associated with such a product and, where applicable: - Match the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model ; - Possess the features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
« Article L.211-12: Action resulting from lack of conformity within two years from delivery of the goods. »
« Article 1641 of the Civil Code: The vendor is required to guarantee in respect of hidden defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use, that the buyer would not have acquired, or would have paid a lower price if he had known. »
« Article 1648 of the Civil Code, first paragraph: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. »
Intellectual and industrial property
All illustrations, images, characters, modes of presentations, graphics and characteristics of the Site are and remain the exclusive property of MENLOOK or holders of said rights having accorded the right to commercialisation to MENLOOK. Any reproduction, representation or use of the said rights by a Customer will constitute an offence resulting in legal action.
Data Protection, Personal Data
The information and data concerning the Customer are strictly used by MENLOOK for order management and the execution and follow-up of commercial relations. This data may also be used by MENLOOK for internal statistical purposes.
The database formed as such has been declared to the CNIL (the French Data Protection Authority) (No. 1475943). This data can be sent to companies involved in these relationships (such as those responsible for the performance of services and orders) for their management, execution, processing and payment. This data is also retained to pursue security objectives, identification of improvement and customization of services.
The Customer has at any time the right to access, correct or oppose any personal data that concerns him/her. This right is exercised by contacting our Customer Services via e-mail http://www.menlook.com/uk/contact-us.html.
The Customer may receive, from MENLOOK, offers for products or services similar to or that have already been the subject of an order, or newsletters. The customer will at any time have the right to object free of charge for the future, on terms specified in each shipment.
Participation in the “evaluated site – premium site” operation »
A purchase on the Site offers the possibility to Customers to participate in the operation “evaluate site – premium site” operation organised by FIA-NET S.A. through two satisfaction questionnaires whose objective is to measure the quality of service that the Customer has experienced during his/her order process. The Customer may communicate his/her personal experience and share it with the online community on the site FIA-NET.
These questionnaires may be sent by FIA-NET or by MENLOOK by e-mail or by the appearance of a pop-up following purchase.
The collected information within these two questionnaires will undergo an automatic data treatment process under the responsibility of FIA-NET S.A. Partial responses or a lack of response to one or both questionnaires will have no impact on the carrying out of the order or its delivery.
FIA-NET S.A. and MENLOOK are the recipients of the nominative data collected from these satisfaction questionnaires. Non-nominative data will be commercialised by FIA-NET subject to the rules in force and notably to those covering the treatment of personal data.
In compliance with the French Data Protection law of 6 January 1978, the Customer possesses at any time the right to access, edit and oppose all his/her personal data by writing a letter identifying him/herself to FIA-NET Service Informatique et Libertés Traitement Nº 896150 39, rue Saint Lazare 75009 Paris France.
Article 11 – The fight against credit card fraud
The information related to your order is subject to automatic processing of data. The automated processing of data is intended to define a level of analysis of a transaction and to fight against credit card fraud.
Ogone, Cybersource and MENLOOK, with whom the Customers make their purchase, are the recipients of this data related to the order. The non-transmission of data related to your order prevents the execution and analysis of your transaction.
The occurrence of unpaid invoices due to fraudulent use of a credit card will lead to the registration of the details of the order linked to the outstanding payment in a “payment incident” file implemented by Ogone. An irregular declaration or an anomaly may also be subject to a specific process.
In accordance with the Data Protection Act of 6 January 1978, the Customer has the right, at any time, to access, rectify, and oppose all personal data by completing the contact form http://www.menlook.com/uk/contact-us.html " target="_blank">http://www.menlook.com/uk/contact-us.html
Article 12 Applicable law, litigation
The contract formed by acceptance of the present GTSC is subject to French law. The application of the UN Convention on Contracts for the International Sale of Goods from 11 April 1980 is excluded.
The language of this contract is the French language. It is specified that this text is available in several languages. However, the French version prevails in case of dispute about its interpretation.
II. GENERAL TERMS AND CONDITIONS OF SALE OF MARKETPLACE PRODUCTS
MENINVEST, a French incorporated “Société par Actions Simplifiée” with a share capital of 1.979.806 €uros, whose registered office is located 56 rue Saint-Lazare 75009 Paris, registered with the Paris Trade and Companies Register (“RCS Paris”) under number 514 035 534 [Intra-Community VAT identification number N° FR 325 14 035 534) (hereinafter referred to as “MENINVEST” or “MENLOOK”) is the publishing and operating company of the website www.menlook.com (hereinafter referred to as the “Website”).
Through the Website is made accessible a marketplace which can be found at the following address www.menlook.com. The marketplace includes a set of tools and services allowing individual buyers, over the age of legal majority, with the legal ability to enter into a contract and acting for the sole purpose of their personal needs (hereinafter the « Buyers »), after having registered on the Website, to make contact, through the Website, with professional sellers registered with the Trade and Companies Register or any other register or organization depending on their place of establishment, which are also registered on the Website after having obtained MENINVEST’s approval (hereinafter the “Sellers”), with the purpose to facilitate the contacts between the Sellers and the Buyers and to allow the Buyers to purchase new and/or second-hand products (hereinafter the “Products”) offered by the Sellers (hereinafter the “MarketPlace Service” or the “MarketPlace”). .
These Terms and Conditions of Sale (hereinafter the « MarketPlace TCS ») shall apply – in addition to the MarketPlace Service TCU – to the interactions between all the Sellers and all the Buyers regarding all the sales of Products concluded through the MarketPlace Service, being nevertheless specified that each Seller may apply, if it chooses to do so, provisions which are more favorable to the Buyer, made accessible through the Product’s page and/or the Seller’s page. No derogatory provision to these MarketPlace TCS shall apply except if this provision is more favorable to the Buyer. The Seller acknowledges and accepts without any reservation that the MarketPlace TCS apply to all the sales concluded through the MarketPlace.
The Buyer acknowledges that the MarketPlace TCS are available on the Website where they are directly viewable and printable on paper. The MarketPlace TCS may also be communicated to the Buyer on simple request by phone, or by e-mail or post.
ARTICLE 1. CONCLUSION OF THE SALE AGREEMENT BETWEEN THE BUYER AND THE SELLER
1.1 Through the MarketPlace, MENINVEST makes available to the Buyer a service allowing the Buyer to contact the Sellers which sell their Products. The transactions made though the MarketPlace Service for the needs of the purchase of the Products are concluded directly between the Buyer and the Seller. The Seller shall be held solely liable for the good performance of its obligations resulting from the distance contract concluded with the Buyer.
1.2 The Buyer acknowledges that placing an order of the Products with the Sellers on the MarketPlace shall follow the following steps:
1) The Products are shown on the Website with a description provided by the Seller which puts the Buyer in the position to know their main features and their price and also the complete contact details of this Product’s Seller.
2) The Buyer selects the Product(s) that he wants to purchase. The Buyer can add to the shopping cart as many Products as he wants, whether these Products are offered by the same Seller or not. However, if the Buyer added to the shopping cart Products sold by different Sellers, the Buyer shall pay multiple delivery costs. The amount of the delivery costs will be predetermined by each Seller, since the Products will be sent from different locations. The order will be delivered in multiple packages.
3) Before the confirmation of the order, the Buyer may check the shopping cart in order to see a summary of the order. The Products will be enumerated with their description (size, color, quantity…) and their price. The Buyer may in particular see the amount of the delivery costs. The Buyer who intends to place an order clicks on the desired Product and then on the basket-like icon in order to put the Product in it. In accordance with article 1369-5 of the French Civil Code on the conclusion of an online contract, the Buyer may view its order’s details and total price, correct any potential mistakes, before confirming the placement of the order.
4) The Buyer reads and accepts these TCS by ticking the box provided for this purpose and shall confirm the order by clicking on a button indicating « Confirm my order. Placing the order entails an obligation to pay the products ordered”.
5) The Buyer receives immediately an email confirming that the order is taken into account. However, the sales contract concluded between the Seller and the Buyer is subject to the availability of the Product as a condition precedent.
6) The Seller(s) undertake(s) to confirm to MENINVEST within 2 business days whether the Products ordered by the Buyer are available or not. If a same Product is ordered by several Buyers at the same time, and depending on the availability of this Product (Product rare, unique, second-hand), this Product shall be sold to the first Buyer who registered the order. The orders of the other Buyers shall then be invalidated.
7) Once the Seller confirms whether the Product is available or not, the Buyer is informed via an email that the ordered Product(s) is(are) available or not.p>
8) If the availability of the Product(s) is confirmed by the Seller, the condition precedent tied to the sales contract concluded between the Seller and the Buyer is lifted; therefore, the Seller undertakes to deliver the Products within the applicable timeframe, and the amount of the order is debited from the Buyer’s bank account.p>
If the availability of the Product(s) is not confirmed within the timeframe as provided in point 6), the relevant sales contract concluded between the Seller and the Buyer is automatically terminated, and each party shall be freed from its obligations. In particular, no amount shall be debited from the Buyer’s bank account.
However, such termination is effective only for the contract relating to the sale of the unavailable Product(s). If several Products are ordered by the Buyer, the fact that one Product is not available has no impact on the validity of the sale of the other available Products and the sale shall therefore be validly concluded for all available Products.
9) If all or part of the Products ordered by the Buyer are confirmed to be available, the Products shall be delivered by the Seller according to the provisions of article 3.
10) The Buyer may, with no obligation to do so, evaluate the Seller’s performance under the provisions of article 7.
11) If there are any questions in relation to the follow-up of an order, the Buyer may check on his/her customer account, under the section « my orders » and use the available tools to contact the Seller.
ARTICLE 2. PRICE AND PAYMENT
2.1 The Product purchase price is determined by the Seller. The price is indicated on the Product’s description sheet in Pounds all taxes included, and does not include potential delivery fees. Such delivery fees are added before the confirmation of the order by the Buyer and are calculated according to the scale provided by the Seller. If appropriate, the costs or fees corresponding to additional and exceptional services specifically requested by the Buyer (i.e. tailored product) may be added to the price, if their amount was the subject of a prior agreement between the Seller and the Buyer. The price of the Products may change at any moment depending on the Seller’s pricing policy. The ordered Products shall be invoiced at the price applicable when the order was registered.
2.2 All the orders placed on the MarketPlace are payable as per the day of the order. As soon as the order is confirmed, the Buyer shall pay the price of the ordered Products to the relevant Seller.
Acting under the Sellers’ authorization to collect the payments made by the Buyers, MENINVEST shall confirm receipt, in the name and on behalf of the Seller, of the payment made by the Buyer. The relevant account will be credited only after the Seller confirms the acceptance of the order and the availability of the Products. MENINVEST undertakes not to pay back the price to the Seller before the expiration of the period provided by law for the exercise of the right of withdrawal in order to guarantee – as a service provider – the Buyer’s reimbursement if the right of withdrawal is exercised.
The payment of the purchases concluded through the MarketPlace Service may be made only by a bank card (« Carte Bleue »), credit card (Visa, MasterCard) and the Paypal secured payment system.
All online payment performed by the Buyer on the MarketPlace through bank card or credit card is made through the secured system "Secure Socket Layer" which allows the encryption of the Buyer’s bank details. To this same security end, the bank details which are provided by the Buyer when registering an order to a Seller shall be verified. This procedure is performed because of MENINVEST’s will to struggle against frauds relevant with online payment methods and therefore to protect all the users of the MarketPlace. As a service provider, MENINVEST’s intention is to allow the Buyer to benefit from this protection when the Buyer pays the Products ordered through the MarketPlace.
As a consequence, MENINVEST’s fraud prevention service may request from the Buyer, in some cases, to provide additional information (black and white copy of a readable and valid identity card and/or proof of residency). Such information will be used only by MENINVEST in order to proceed to the order registration and allow the delivery of the ordered Products. Any documents shall be destroyed once the verifications are made by MENINVEST’s fraud prevention service.
In order to ensure that the ordered Products are delivered within the timeframe determined with the relevant Seller, it is recommended that the Buyer provides a phone number where he can be easily reached and confirms the information provided or sends the additional documentation eventually required as soon as possible through the following email address: firstname.lastname@example.org
ARTICLE 3. DELIVERY METHODS AND COSTS
The Seller shall deliver or have delivered under its sole responsibility the ordered and paid Products. The various delivery methods offered by the Seller and the related costs are submitted to the Buyer on the delivery page of the order tunnel. The Seller must send the ordered Product(s) to the Seller within 2 business days from the availability of the ordered Product(s) confirmation date; the Seller expressly undertakes to send the Products in the above-mentioned timeframe. The Products are delivered according to the method chosen by the Buyer amongst the options offered by the Seller at the address indicated by the Buyer in the section « my account » and confirmed before the order is placed. It is therefore the Buyer’s sole responsibility to make sure the information he communicated for this purpose are and remain accurate and allow the effective delivery of the Products purchased on the Website. The Products travel at the risk of the Seller.
ARTICLE 4. RIGHT OF WITHDRAWAL PROVIDED BY LAW
4.1 Period and conditions of exercise of the right of withdrawal provided by law
According to the applicable law, when a Seller sells a Product to a Buyer through the MarketPlace, the Buyer has a period of fourteen (14) days to withdraw from the contract without giving any reason, and without incurring any penalties. This period starts from the day on which the Buyer or a third party, other than the carrier and indicated by the Buyer acquires physical possession of the goods. In order to exercise the right of withdrawal, the Buyer needs to notify the decision to withdraw from the contract before the expiry of the withdrawal period. If the right of withdrawal is exercised within the withdrawal period, only the price of the Product(s) bought and the delivery costs shall be reimbursed, the direct costs in relation to the return of the Product(s) shall be borne by the Buyer.
To the extent that it is possible, the Products shall be returned in their original condition and without anything missing (packaging, accessories, instructions, shoebox…) in a packaging identical as the one used for the delivery. The Buyer shall be held liable only if the Products lost value because they were handled in a way other than what is necessary to establish the nature, characteristics and good functioning of the Products.
In order to exercise the right of withdrawal, the Buyer must express, directly to the relevant Seller, his/her firm decision to withdraw and, for this purpose, make an unequivocal statement (i.e. send a letter by the post to the Seller - for the purposes of proof, we recommend that the Buyer sends a registered letter with acknowledgement of receipt or a fax if the Seller provided a fax number or an email if the Seller provided an email address). In particular, the Buyer may use, with no obligation to do so, the Model Withdrawal Form as set out in Annex 1 of these TCS. The Buyer may also fill in and send the Model Withdrawal Form or any other unequivocal statement through the Website using the messaging tool made available by the MarketPlace Service or using the icons “Contact the Seller” or “Request a reimbursement / exchange” that can be accessed via the page with the detail of the Buyer’s order. If the Buyer chooses this option, he will receive without delay in a durable medium (e.g. an email) an acknowledgement of receipt of the decision to withdraw. The Buyer shall send back the Products to the Seller no later than fourteen days from the day on which he has communicated to the Seller his decision to withdraw from the contract. The Products returned further to the exercise of the right of withdrawal shall be reimbursed without any undue delay and in any event no later than 14 days from the day on which the Seller has been informed of the Buyer’s decision to withdraw. The reimbursement shall be carried out using the same means of payment as the Buyer used for the initial transaction, unless the Buyer has expressly agreed otherwise. In any case, the Buyer shall not incur any costs as a result of such reimbursement. With regard to sales contracts, the Seller may withhold the reimbursement until he has received the goods back, or until the Buyer has supplied evidence of having sent back the goods, whichever is the earliest.
4.2 Products excluded from the right of withdrawal
In accordance with article L121-21-8 5° of the French Consumer Code, the right of withdrawal does not apply to the sale of underwear and cosmetics.
ARTICLE 5. GUARANTEES PROVIDED BY LAW
The Products available on the MarketPlace Service are covered by the guarantees provided by French law: the legal guarantee of conformity for goods as provided for under articles L211-4 à L211-13 of the French Consumer Code and the guarantee against the defects of the goods sold (hidden defects) as provided for under articles 1641 to 1648 and 2232 of the French Civil Code. As a reminder, you will find hereunder the provisions of articles L.211-4, L.211-5 and L.211-12 of the French Consumer Code, and articles 1641 and 1648, first paragraph, of the French Civil Code:
Article L. 211-4 of the French Consumer Code : “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor in accordance with the contract or had it carried out under his responsibility.”
Article L. 211-5 of the French Consumer Code : «To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. »
Article L. 211-12 of the French Consumer Code : «An action resulting from lack of conformity must be brought two years after delivery of the product if the product is new and six months after delivery if the product is second-hand. »
Article 1641 of the French Civil Code : «The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects. »
Article 1648 first paragraph of the French Civil Code : «An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. »
ARTICLE 6. CLAIMS – DISPUTES – TRUSTED THIRD PARTY GUARANTEE
6.1 MENINVEST being not a party in the sales contract concluded between the relevant Seller(s) and the Buyer through the MarketPlace, if a dispute arises in relation to this contract between a Seller and a Buyer, the Buyer shall apply directly to the Seller. If a dispute arises between the Seller and the Buyer, MENINVEST highly recommend the Sellers to get in touch with the Buyer in order to understand the reasons of the Buyer’s dissatisfaction and to suggest remedies.
If no settlement can be found between the Seller and the Buyer, MENINVEST may contact the Buyer and request information on the issue in order to try to find quickly a reasonable remedy which can be accepted by both the Seller and the Buyer. In any case, the Buyer is informed of the possibility to engage, in the event of a dispute, mediation proceedings or any other alternative dispute resolution process.
6.2 Notwithstanding what is expressed here above, MENINVEST offers the Buyer a specific guarantee (hereinafter the « Trusted Third Party Guarantee ») available for transactions through the MarketPlace and which applies according to this article’s provisions without any prejudice to the applicable guarantees provided by law and owed by the Seller.
6.2.1 The Trusted Third Party Guarantee
The Trusted Third Party Guarantee implemented by MENINVEST is free of charge and is applicable when a Product is ordered to any Seller through the MarketPlace, under the following cumulative requirements: (i) when the Buyer:
- has paid the price of an ordered Product, but did not receive this Product in the timeframe initially provided by the Seller;
- or has received the ordered Product which does is not conform to the description made by the Seller on the MarketPlace;
And (ii) when the Buyer has unsuccessfully contacted the Seller within a period of 2 days in order to notify his claim and benefit from the application of the legal guarantees owed by the Seller or, if relevant, the contractual warranties provided by the Seller. If these cumulative requirements are fulfilled, MENINVEST shall:
- contact the Seller on behalf of the Buyer in order to try to settle the dispute within ten (10) days, and
- If no settlement can be found, reimburse the price of the Product to the Buyer, provided this Product is returned to the Seller by the Buyer.
By reference to the provisions of article L. 211-5 of the French Consumer Code, a Product that does not conform to its description will be – for the purpose of the application of the Trusted Third Party Guarantee – a product that is not suitable for the purpose usually associated with such a product and, if applicable, that does not correspond to the description given by the Seller and have the features that the Buyer may expect it to have. The Trusted Third Party Guarrantee does not apply in the event the Buyer is simply not satisfied with the Product, which nonetheless conforms to the offer made by the Seller on the MarketPlace. In this case, the Buyer may exercise the right of withdrawal subject to the respect of the applicable deadlines and procedures.
6.2.2 Trusted Third Party Guarantee - Implementation and conditions
In order to benefit from the Trusted Third Party Guarantee, the Buyer must meet the cumulative requirements as stated in article 6.2.1 and contact MENINVEST’s Customer Service through the form Contact us. If the Trusted Third Party Guarantee applies, MENINVEST shall make its bests efforts to process the Buyer’s request as soon as possible. MENINVEST may if needed contact again the Buyer in order to request additional information. In the meanwhile, MENINVEST shall contact the Seller in order to find the best possible settlement to the dispute. The Seller shall make its best efforts to settle the dispute with the Buyer in an amicable way.
However, if the Seller does not settle the dispute with the Buyer within ten (10) days from the receipt of the claim, MENINVEST may, after having previously informed the Seller of this decision, reimburse the Product to the Buyer if the Product’s return to the Seller is confirmed by the Buyer (the proof of sending shall be deemed sufficient confirmation of the Product’s return). In any case, the Buyer is informed of the possibility to engage, in the event of a dispute, mediation proceedings or any other alternative dispute resolution process.
ARTICLE 7. EVALUATION OF THE SELLERS
The Buyers have access to tools and services allowing them to evaluate the Sellers’ performance after the confirmation of the receipt of the Products ordered. The purpose of such evaluation is to increase the Buyers’ trust in the process of purchasing Products through the MarketPlace and, in particular, to allow the Buyers to select the Products of the most reliable Sellers, which respect the most the terms and conditions of use of the MarketPlace Service.
The evaluation is made according to evaluation criteria and through the allocation of stars. In this respect, MENINVEST does not control the opinion given by the Buyers, this opinion being solely hosted on the Website. MENINVEST may however, if needed, remove, with no prior notice, any opinion with a content that was reported to be unlawful. The Buyer’s evaluation, and his pseudonym, may be viewed by any user of the Website. The Buyer undertakes to comment and evaluate the Seller’s services in an objective way and acknowledges that he may be held liable and exposed to prosecution especially if his comments on the Seller are defamatory, libelous and/or untrue.
ARTICLE 8. PERSONAL DATA
The Seller and the Buyer are informed that all data collected within the frame of the MarketPlace Service when the orders are placed shall be treated by MENINVEST for purposes related with the execution of the orders. .
8.1 Use of personal data
The Buyers’ information and data which are strictly needed to process the orders, organize the delivery of the orders and manage the business relationship are communicated by MENINVEST to the Sellers with the only purpose to allow them to deliver the ordered Products. They shall in no way be used to other ends. In the event of any problem in relation to this data processing, the Seller and the Buyer can contact directly MENINVEST. Each Seller shall have access only to the personal data given during the process of the order of the Products by the Buyers which purchased its Products. The Sellers undertake to ensure the security of the personal data and to store the personal data only for the needs of the orders’ execution and follow-up.
8.2 Right to access, rectify and object
The Buyer can, at any time, access, rectify and object to its personal data. This right can be exercised by contacting the Customer Service through the following form Contact us. .
8.3 Offer of similar goods or services
The Buyer might receive, from the Website or the Seller, messages with offers to purchase Products or services similar to the ones already ordered, or letters of information. The Buyer may at any time object to receiving such offers for the future, for free, according to the terms specified in each message.
The Buyers are informed that they have the possibility, if they do not want to be contacted by phone, to register for free on the telephone solicitation’s objection list.
When visiting the Website, cookies are lodged on the user’s computer, mobile phone or tablet. You may change the relevant configurations. Please consult our page COOKIES. This page will allow you to understand how the cookies work and how to use the relevant tools in order to change the relevant configurations.
ARTICLE 9. PARTIAL INVALIDITY
Should any one of the provisions of these TCS be considered to be void in full or in part under a law, a regulation or a final decision of a competent court, the remaining provisions shall not in any way be affected or impaired.
ARTICLE 10. APPLICABLE LAW
These General Terms and Conditions are governed by French Law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods, and without prejudice to any mandatory applicable provisions for the benefit of consumers.
You may also download the old GTSC (applicable from 23 October 2010 to 20 June 2014).