General conditions of sale
The website: www.menastyl.eu is published by the company SA LEBRUN, a simplified joint-stock company, with a capital of +€1,000,000, with its registered office located at chemin du Lobel, 62510 ARQUES. Registered in the Sirene directory under number 57678007600013. Represented by its acting director, Mr. J. Levisse – Email address: Contact page link.
Article 1 – Definitions:
The terms used below in these general terms and conditions of sale, both in plural and singular, shall have the following meaning:
"Buyer" means the natural person who qualifies as a consumer and who wishes to order Products for purposes that are outside the scope of a commercial, industrial, craft, or liberal activity.
"Order" means any order placed by the Buyer under the conditions defined below. "General Terms and Conditions of Sale" or "GTC" means these general terms and conditions of sale.
"Contract" means the contract concluded between SA LEBRUN and the Buyer, consisting of the GTC, the Description, and the Order placed by the Buyer under the conditions of the Website. The archiving and retention of the elements of the Contract is carried out by SA LEBRUN in accordance with legal provisions. When the Contract involves a sum equal to or greater than €120, SA LEBRUN ensures the retention of the Contract for 5 years and guarantees the Buyer access to it at any time if requested.
"Description" means the information sheet relating to each Product containing all the information relating to the characteristics of the Products within the meaning of Article L.111-1 of the Consumer Code, and to any processing of their elements.
"Party(ies)" means SA LEBRUN and/or the Buyer together or separately.
"Products" means MENASTYL brand products, as described on the website "www.menastyl.eu" and in the Order, if applicable. These products, intended exclusively for adults, are not toys and are not intended for play, especially by minors.
"Website" means the website accessible at the address: www.menastyl.eu
Article 2 – Purpose – Scope of Application – Enforceability:
These GTC define the terms and conditions under which SA LEBRUN sells furniture, decoration, and tableware products, as defined below, online to Buyers. They are made available to consumers on the Website and can be consulted at any time.
Any Buyer placing an order with SA LEBRUN acknowledges having the legal capacity to contract, having read these General Terms and Conditions of Sale, and having fully and unreservedly accepted them before placing an order, particularly by checking the box provided for this purpose.
Placing an order implies the full and unreserved adherence of the BUYER to the General Terms and Conditions OF SALE, which prevail over any contrary document not expressly validated by SA LEBRUN.
SA LEBRUN reserves the right to modify the general terms and conditions of sale without prior notice. Any order placed with SA LEBRUN is subject to the GTC in force on the date the Order is placed.
Article 3 – Product Offers:
The Products offered for sale by SA LEBRUN are those available at the time of placing the Order, and as listed on the Website, which includes the Product Description.
The Products comply with the provisions of current French law relating to the safety and health of individuals, fair trading practices, and consumer protection at the time of their placement on the market.
Products are offered and delivered within the limits of available stock.
In case of unavailability of the ordered Product, SA LEBRUN will inform the Buyer as soon as possible and may offer the order of another Product, or a purchase voucher for the amount of the Order usable for any future Order, or the reimbursement of the sums paid by the Buyer.
SA LEBRUN reserves the right to cease marketing any Product appearing on commercial documents and/or to modify the characteristics of these Products at any time, without prior notice and without giving rise to the payment of any damages, subject to Orders already validated. These modifications may occur at any time, including after the Buyer's Order if these modifications result from the application of standards, texts, or regulations, whatever they may be, applicable to the Products, it being specified that in such a situation, SA LEBRUN will inform the Buyer by any means.
Offers are reserved for consumers residing in France, a member country of the European Union, Monaco, and for deliveries within these same geographical areas. In the event of an order coming from a country other than France or Monaco, the Buyer shall bear the burden and responsibility for customs duties or other applicable taxes as provided by legal provisions. In this regard, SA LEBRUN invites Buyers in this situation to inquire beforehand to obtain any information and/or to contact the competent authorities.
Article 4 – Orders:
4.1. To place an Order, the Buyer must have the capacity to contract and must complete a registration form requiring certain information necessary for the execution of the Contract by SA LEBRUN. The Buyer undertakes to provide accurate and complete information on this occasion. In particular, they undertake not to create a false identity or register information likely to mislead third parties. They are invited to keep confidential the information provided in the registration form, including their email address/username and password. In the event of an incomplete form or containing incorrect information, the Order cannot be placed. SA LEBRUN cannot be held liable for any data entry error by the Buyer.
4.2. To place an Order, the Buyer, after filling the cart on the Website by indicating the selected Products and desired quantities, then clicks on the "Proceed to Checkout" button and provides information relating to their identification, delivery, and payment method. A summary of the Order is displayed, the Buyer has the possibility to check the details of their Order and its total price and to return to previous pages to correct any errors or eventually modify their Order, then, the Buyer validates the GTC by checking the box "I have read and accept the general terms and conditions of sale". Placing an order implies acceptance of the general terms and conditions of sale and validates their order by clicking on the "Order" button with payment obligation.
The validation of the Order implies acceptance of the GTC with payment obligation and forms the Contract.
An email acknowledging receipt of the Order and its payment is sent by SA LEBRUN as soon as possible.
The Contract thus formed shall remain in force for the duration corresponding to the obligations of each of the parties.
4.3. SA LEBRUN reserves the right to refuse any order for a legitimate reason.
Article 5 – Price – Payment Conditions:
5.1. In accordance with the provisions of Article L. 112-1 of the Consumer Code, SA LEBRUN indicates its prices for each of the Products on the Website in euros, all taxes included, excluding delivery and transport costs, these costs being mentioned before validation of the Order and invoiced additionally.
The total amount due by the Buyer (current price and transport and delivery costs applicable on a case-by-case basis) is indicated on the Order confirmation page.
SA LEBRUN reserves the right to modify its prices at any time. However, it undertakes to invoice the ordered Products at the prices indicated when the Order was placed.
5.2. Validating the Order implies the Customer's obligation to pay the price by credit card. Payment is secure, as SA LEBRUN has opted for a payment system ensuring the confidentiality and security of banking transactions.
Article 6 – Delivery:
6.1. Products are shipped by SA LEBRUN to the delivery address indicated in the Order.
6.2. SA LEBRUN undertakes, in accordance with legal provisions, to deliver the Product on the date or within the period indicated to the Buyer, subject to the validation of the proof by the Buyer in the case of a customized Product. Unless otherwise stipulated, the delivery period is fifteen (15) days from the sending of the email acknowledging receipt of the Order and its payment, and one (1) month from the validation of the proof by the Buyer in the case of a customized Product.
6.3. In the event of SA LEBRUN's failure to meet its delivery obligation by the date or within the period stipulated in the Contract, the Buyer may terminate the Contract, by registered letter with acknowledgment of receipt or by a written document on another durable medium, if, after having enjoined SA LEBRUN, by the same means, to make the delivery. The Contract is deemed terminated upon SA LEBRUN's receipt of the letter or written document informing it of this termination, unless SA LEBRUN has performed in the interim.
This provision is not applicable if the delay is due to the Buyer's failure to make full payment or to validate the Prototype and the proof in the case of a customized Product.
6.4. From the date of receipt, ownership transfers to the Buyer (subject to full payment of the price) as well as the transfer of risks associated with the Product.
6.5. Upon receipt of the Products, the Buyer must ensure their conformity with the Order. In the absence of conformity, the Buyer must send a complaint to SA LEBRUN within 24 hours. For a file to be opened with the service, the Buyer must make reservations on the delivery slip upon delivery before signing. They must also communicate all elements using the contact form (purchase invoice, delivery note with reservations made, photos of the package, photos of the product and photo of the label on the package).
6.6. The carrier is authorized to drop off the package at a relay point if it is impossible for any reason to deliver to the intended shipping address. SA LEBRUN cannot be held responsible for the non-collection of the package at the relay point within 9 calendar days from its deposit. Once the package is in the return sender procedure, the package is refunded within 14 days of its receipt, with the exception of return costs which are deducted from the order refund.
Article 7 – Right, period and terms of withdrawal:
For any Product purchase made on the Website, the Buyer has a right of withdrawal.
In accordance with Article L.221.18 of the Consumer Code, the consumer has a period of fourteen days to exercise their right of withdrawal from a distance contract, without having to give reasons for their decision or incur costs other than those provided for in Articles L. 221-23 to L. 221-25.
This period runs from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. In the case of an order for several goods delivered separately, the period runs from the receipt of the last good.
For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good.
To exercise their right of withdrawal, the consumer must inform SA LEBRUN of their decision to withdraw by sending, before the expiry of the aforementioned 14-day period:
· A letter of withdrawal to the following address: e-commerce department, SA LEBRUN chemin du Lobel 62510 ARQUES
· or by sending any other unambiguous declaration, to the same address, expressing their wish to withdraw, or by using the withdrawal form.
When the right of withdrawal is exercised in accordance with legal provisions, SA LEBRUN will reimburse the Buyer for all payments received from them, including delivery costs (with the exception of additional costs arising from the Buyer having chosen, where applicable, a delivery method other than the least expensive standard delivery method offered by SA LEBRUN) without undue delay and, in any event, no later than fourteen days from the day SA LEBRUN is informed of the decision to withdraw from the Contract. SA LEBRUN will proceed with the reimbursement using the same payment method that the Buyer used for the initial transaction, unless the Buyer expressly agrees to a different method; in any event, this reimbursement will not incur any fees for the Buyer.
It is specified that the Buyer bears the costs of returning the Product(s) in case of withdrawal.
It is reminded that the Buyer's responsibility, in the event of withdrawal after use of the Product(s), is engaged with regard to the depreciation of the Product(s) resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of this (these) Product(s). According to the European Commission, such handling is that which a consumer can carry out in a store, for goods offered for sale there. All products must be returned new, unused, in their original packaging.
In the event of product use, a discount of 10% to 80% will be applied because the product will no longer be saleable as new.
SA LEBRUN may defer reimbursement until receipt of the Product(s) subject to the Order, or until the Buyer has provided proof of shipment of such Product(s), the date retained being the earlier of these events. Instructions to be followed for any validation of the return of your item:
• Affix the return slip to the package and insert the withdrawal form into the package.
• Mandatory: send us proof of deposit by email for a quick refund.
For any Product purchase made on the Website, the Buyer has a right of withdrawal.
Article 8 – Guarantees – Liability:
8.1. Guarantees
The Products offered by SA LEBRUN comply with current French legislation and applicable standards in France.
SA LEBRUN is liable for defects in conformity of the Products with the Contract, under the conditions of Articles L.217-4 et seq. of the Consumer Code and for hidden defects of the sold item under the conditions provided for in Articles 1641 et seq. of the Civil Code.
When acting under the legal guarantee of conformity:
– the consumer has a period of two years from the delivery of the Product to act;
– In the event of a lack of conformity, the Buyer chooses between repair and replacement of the Product.
However, SA LEBRUN may not proceed according to the Buyer's choice if this choice entails a cost that is clearly disproportionate to the other modality, taking into account the value of the Product or the importance of the defect. It is then obliged to proceed, unless impossible, according to the modality not chosen by the Buyer;
– the consumer is obliged to provide proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial warranty that may be granted.
If the Client decides to implement the guarantee against hidden defects of the sold item within the meaning of article 1641 of the Civil Code, they can choose between the cancellation of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.
To do so, the Buyer must make a request in writing to the following address: service e-commerce, SA LEBRUN, chemin du Lobel, 62510 ARQUES, stating the non-conformity or defects observed, what is desired (exchange or refund), as well as a copy of the order or invoice to allow the processing of this request.
Reproduction of legal provisions:
Article L217-4 of the Consumer Code:
“The seller delivers goods that conform to 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 the latter was carried out by him under the contract or under his responsibility.”
Article L217-5:
“The goods are in conformity with the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable:
– if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
– if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if they present the characteristics defined by mutual agreement by the parties or are fit for any special purpose sought by the buyer, brought to the attention of the seller and that the latter has accepted.”
Article L217-12:
“The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.”
Article 1641 of the Civil Code:
“The seller is bound by the warranty against hidden defects of the sold item that make it unfit for the use for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price for it, had he known about them.”
Article 1648 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”
8.2. Liability
SA LEBRUN's liability cannot be engaged if the non-performance or improper performance of the Contract is attributable either to the Buyer, or to the unforeseeable and insurmountable act of a third party to the Contract, or to a case of force majeure.
SA LEBRUN's liability cannot be engaged for non-conformity of the Product with the legislation of the Buyer's country; it is up to the Buyer to verify whether the Product is not prohibited from sale in his country.
SA LEBRUN's liability cannot be engaged in the event of failure to make the necessary reservations with the carrier in case of packaging defects (crushed / open / wet or damaged package) or damage to the products. It is the buyer's responsibility to immediately check if the Product is in good condition upon receipt.
Article 9 – Intellectual Property:
The Contract and the sale of the Products to the Buyer shall not entail the transfer of any intellectual property rights related to the Products by SA LEBRUN to the Buyer. SA LEBRUN retains all industrial and intellectual property rights related to the Products and associated documentation.
The Buyer undertakes not to infringe SA LEBRUN's rights in any way whatsoever, and in particular prohibits himself from reproducing or imitating, directly or indirectly, in any manner whatsoever, all or part of the Prototype or the Products, and from claiming any intellectual property right whatsoever on all or part of the Products.
If necessary, the Buyer acknowledges that all intellectual property rights relating to the Products (such as designs, trademarks, copyrights, etc.) and their adaptations, modifications, improvements belong to or are reserved for SA LEBRUN.
The provisions and prohibitions set forth in this article shall apply throughout the duration of the intellectual property rights and worldwide.
Article 10 – Termination Clause:
The Order may be terminated by the Buyer by registered letter with acknowledgment of receipt or by a writing on another durable medium in the event of:
– delivery of a product not conforming to the declared characteristics of the Product;
– delivery exceeding the deadline set in the Order, after SA LEBRUN has been enjoined, under the same terms and without success, to make delivery within a reasonable additional period;
– price increase not justified by a technical modification of the Product imposed by public authorities.
In all these cases, the Buyer may demand reimbursement of the amount paid plus interest calculated at the legal rate from the date of collection of the amount.
The Order may be terminated by SA LEBRUN in case of the Buyer's refusal to take delivery. In all these cases, the amount paid upon Order remains acquired by SA LEBRUN as compensation. It is up to SA LEBRUN to deduct the logistics, transport and order management costs.
Article 11 – Confidentiality:
The Buyer acknowledges that, within the framework of the execution of the Contract, SA LEBRUN may be led to communicate confidential information to him, notably relating to its know-how (hereinafter, the “Confidential Information”). In particular, any description or model communicated by SA LEBRUN to the Buyer, as well as the Prototype, shall be considered Confidential Information.
The Buyer undertakes to keep the Confidential Information confidential and prohibits himself from disclosing, assigning, transferring, to anyone and in any manner whatsoever, or reproducing the Confidential Information, without the prior written consent of SA LEBRUN. These obligations are stipulated without prejudice to the use of the Products, as they will be delivered to him.
These provisions shall remain applicable throughout the duration of the Contract and for five (5) years from the delivery of the Products to the Buyer.
Article 12 – Personal Data:
The nominative and personal information collected during registration is necessary for the processing and management of the Contract. This information is kept and secured in accordance with legal obligations. SA LEBRUN has filed a declaration with the CNIL.
SA LEBRUN is responsible for data processing.
The personal data concerning the Buyer is intended solely for SA LEBRUN, for the purposes of executing and managing the Contract and, if applicable, for transmitting commercial offers for products and services similar to those received by the Buyer.
In accordance with the Data Protection Act n° 78-17 of January 6, 1978, known as “Informatique et Libertés”, the Buyer has, at any time, a right to access, modify, rectify or delete personal data concerning him. He may also object to the processing of data concerning him.
The Buyer may exercise his rights by sending a letter to SA LEBRUN, if possible indicating his customer references, to the address stated at the top of these GTC.
The Buyer also has the option to object to the use of his contact details, each time a message is sent to him. To do so, he just needs to click on the link provided for this purpose in each email sent or on the Website, or send a request via the contact form.
Article 13 – Miscellaneous Provisions:
The fact that SA LEBRUN does not avail itself of one of the stipulations of the Contract cannot be interpreted as a waiver on its part to subsequently avail itself of any of the said stipulations.
In the event that one of the stipulations of the Contract is declared null or ineffective, this stipulation shall be deemed unwritten, without affecting the validity of the other stipulations, unless the stipulation declared null or ineffective was essential and decisive.
Article 14. Governing Law:
The validity, execution or non-execution, interpretation, and termination of the Contract, including in particular the GTC, shall be governed by French law.
Article 15. Complaint – Mediation:
15.1. In the event of a dispute or complaint, the Buyer must first contact SA LEBRUN via the contact form and/or by mail to: e-commerce department, SA LEBRUN, chemin du Lobel 62510 Arques, stating the references of his Order and the subject of his request. No dispute file can be opened if no reservation was made upon delivery of the package.
16.2. In the event of failure of the complaint request to SA LEBRUN or in the absence of a response from the latter within two months, the Buyer may submit the dispute relating to the Contract between him and SA LEBRUN to a mediator who will attempt, independently and impartially, to bring the parties together with a view to reaching an amicable solution.
To submit his mediation request, the Buyer thus has the option of using CAREN, a mediation centre:
· Via its website, where a form is available: http://www.caren-adr.org/fr/
· By email: contact@caren-adr.org / carengent@gmail.com
· By postal mail to: CAREN, Palais de la Bourse, Place du Théâtre, CS 60359, 59020 Lille
The parties to the Contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
The Buyer is also informed of the possibility of resorting to the online platform for out-of-court dispute resolution set up by the European Union and accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
