GENERAL TERMS AND CONDITIONS OF SALE
Last update date: 09/14/2022
Article 1 – LEGAL NOTICES
This Website, accessible at the URL www.miye.care, is published by:
MiYé, a simplified joint-stock company with a capital of €11,001.40, registered with the Antibes Trade and Companies Register (RCS) under number 881 528 467, whose registered office is located at 334 Chemin des Indicas, 06160 Antibes, represented by Caroline de Blignières, duly authorized.
The Seller’s individual VAT number is: FR14881528467
The Website is hosted by KINSTA, located at 222-22 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand, telephone: 0444446041.
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of Sale (or the ” Terms and Conditions”) are applicable exclusively
to the online sale of products offered by MiYé, hereinafter referred to as the “Seller,” the Seller on the website www.miye.care, hereinafter referred to as the “Website.”
The Terms and Conditions are made available to customers on the Website, where they can be directly viewed and downloaded. They may also be communicated to them upon request by any means.
The Terms and Conditions are binding on the customer, who acknowledges, by checking a box or clicking on the button provided for this purpose, having read and accepted them before placing an order. Validation of the order by its confirmation constitutes the buyer’s acceptance of the Terms and Conditions in effect on the date of the order, the retention and reproduction of which are ensured by the Seller.
Article 3 – PRODUCT DESCRIPTION
The website is an online sales site for dietary supplements and cosmetics
(hereinafter the “Product(s)”) open to any natural or legal person using the Site (the “Customer”).
The Products presented on the Site are each subject to a description (prepared by the supplier or accessible on the manufacturer’s website via a link on the Site)
mentioning their essential characteristics. Photographs illustrating the products, where applicable, do not constitute a contractual document. The Product’s instructions for use, if essential, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of current French law.
We remind all our customers that MiYé products are fitness and wellness products and cannot under any circumstances be considered as medicines in their composition, form, or presentation. The Seller cannot be held responsible for any inconveniences resulting from use that does not comply with the instructions provided on the product and its packaging.
The products sold by the Seller are manufactured in compliance with French regulations. For orders outside mainland France, it is therefore the buyer’s responsibility to check with the local authority in their country regarding any restrictions on the import and use of the products ordered.
The Seller cannot be held responsible for the purchase of a product deemed non-compliant in a given country, even though the product complies with French regulations.
Expiration date: Expiration dates and batch numbers are indicated on the items where required. Each batch is identified in the laboratory, so you can contact us if necessary.
Article 4 – CREATION OF THE CUSTOMER AREA AND ACCESS TO THE SITE
4.1. Creation of the Customer Area:
To place an order on the Site, the Customer must first create their personal customer area. Once created, to access it, the Customer must log in using their username and secret, personal, and confidential password. It is the Customer’s responsibility not to share their username and password.
Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the username and password, allowing them to access their customer area.
The Customer acknowledges that they are solely responsible for accessing the Service using their username and password, unless fraud is proven. Each Customer further undertakes to inform the Seller immediately in the event of loss, misappropriation, or fraudulent use of their username and/or password. After creating their personal customer area, the Customer will receive an email confirming the creation of their customer area.
The Customer undertakes, upon registration, to:
• provide true, accurate, and up-to-date information when entered in the service’s registration form, and in particular not to use false names or addresses, or names or addresses without authorization.
• keep registration data up to date to ensure its true, accurate, and up-to-date nature at all times.
The Customer further undertakes not to make available or distribute any illegal or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Otherwise, the Seller may suspend or terminate the Customer’s access to the Site at its sole risk.
4.2. Access to the Website:
The Website is accessible from a computer, smartphone, or tablet, provided the Customer has an internet connection. All costs related to access, whether hardware, software, or internet access, are the sole responsibility of the Customer, who is solely responsible for the proper functioning of their computer equipment and internet access.
In order to access the Website, the Customer therefore declares that they have a compatible device with a sufficient internet connection to support sound and video. The Seller shall not be held liable for any failure by the User to use this equipment.
The Website is generally accessible 24 hours a day, 7 days a week. However, the Seller reserves the right, without notice or compensation, to temporarily or permanently close the Site and/or the Platform, in particular to perform updates, maintenance operations, modifications or changes to operational methods, servers, and access hours, without this list being exhaustive.
Consequently, the Seller is not liable for any damages of any kind that may result from these changes and/or temporary unavailability or the permanent closure of all or part of the Site.
It is also the Customer’s responsibility to ensure the upgradeability of the IT and transmission resources at its disposal so that these resources can adapt to changes to the Site.
4.3. Specific risks associated with computer networks:
You declare that you are aware of and accept the specific characteristics, risks, and uncertainties associated with computer and telecommunications networks. In particular, to the extent that the Seller takes the necessary and proportionate measures to ensure the security and confidentiality of the processing it implements and the data it collects, given the state of technological developments, the Seller shall not be held liable in the following cases, without limitation:
– Network interruptions, delays or delays in the delivery of electronic messages or any other data;
– Hardware or software failures;
– Malicious acts, data theft, computer viruses, inadequacies in protection and backup measures;
– Operating errors, misuse of hardware and software by the Customer;
– Loss of data and/or transactions, business interruptions, or other resulting financial losses; – Misuse or malicious use of data, texts, images, or information
– Any case of force majeure, unforeseeable events, or any other causes not
dependent on the deliberate will of the Seller.
The Seller shall not be liable for services accessible via the Internet
and in particular for any damages, direct or indirect, whatever the
causes, origins, nature, or consequences, caused by anyone’s access to the site, or the inability to access it, the use of the site, and/or the
credit given to any information coming directly or indirectly from the latter.
Article 5 – ORDERS
5.1. Product Availability
The Seller strives to ensure optimal availability of its Products. Product offers are valid while stocks last.
If, despite the Seller’s best efforts, a Product proves unavailable
after the Customer’s order, the Seller will inform the Customer by email as soon as possible, and the Customer will have the choice between:
• delivery of a Product of equivalent quality and price to the one initially
ordered, or
• a refund of the price of the Product ordered no later than thirty (30)
days after payment of the amounts already paid.
It is agreed that, apart from the refund of the price of the unavailable Product, if
this option is requested by the Customer, the Seller is not liable for any cancellation compensation, unless the breach of the contract is personally attributable to the Seller. If the gifts offered with your order are unavailable, we may offer you another gift of equivalent nature and value.
5.2. Binding Acceptance of the General Terms and Conditions
Unless otherwise stated in these General Terms and Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer’s orders are Binding.
When placing an order, the Customer must select the chosen Products and add them to their shopping cart, indicating the selected Products and the desired quantities. The Customer may check the details of their order and its total price, and return to previous pages to correct the contents of their shopping cart if necessary, before confirming it.
The Customer agrees to read the then-current General Terms and Conditions of Sale before accepting them and to confirm the terms and conditions and any delivery and withdrawal fees prior to paying for their order. By confirming their order,
the Customer acknowledges having carefully read these General Terms and Conditions and acknowledges that this confirmation entails firm acceptance of the General Terms and Conditions and forms the contract.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which, dated on that date, may be provided to the Customer upon request. It is therefore specified that any modification to the General Terms and Conditions made by the Seller will not apply to any order placed previously.
5.3. Order Confirmation and Document Retention
Contractual information relating to the order (including the order number) will be confirmed by email in a timely manner and no later than the time of delivery.
The Seller strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is available to the Customer in the “My Account” area. The Seller also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email sent to the Customer regarding an order will be sent to the email address the Customer uses to log in to their customer account.
The information provided by the Customer when placing the order (including name and delivery address) is binding on the Customer.
Thus, the Seller cannot be held liable in any way in the event that an error during order placement prevents or delays delivery. Contractual information relating to the order (including the order number) will be confirmed by email in a timely manner and no later than the time of delivery. The Seller strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is available to the Customer in the “My Account” area. The Seller also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
The Seller archives Product sales contracts in accordance with applicable legislation. By submitting a request to hello@miye.care, the Seller will provide the Customer with a copy of the contract requested.
5.4. Refusal of an order by the Seller
The Seller reserves the right not to validate the Customer’s order for any legitimate reason, particularly in the event that:
• The Customer fails to comply with the General Terms and Conditions in effect at the time of the order;
• The Customer’s order history shows that amounts remain due for previous orders; • One of the Customer’s previous orders is the subject of a dispute that is currently being processed;
• The Customer has not responded to a request for order confirmation sent by the Seller.
5.5. Order Modification
Any modification to an order by the Customer after confirmation of the order is subject to the Seller’s approval.
5.6. Customer’s Legal Capacity
The Customer declares that they have full legal capacity to enter into a commitment under these General Terms and Conditions.
Registration is open to competent adults and minors, provided that they register under the supervision of a parent or guardian with parental authority.
Under no circumstances is registration permitted on behalf of third parties unless the Customer is validly authorized to represent them (e.g., a legal entity). Registration is strictly personal to each Customer.
In the event of a breach by the Customer of any of the provisions herein, the Seller reserves the right to terminate the Customer’s account without notice.
Article 6 – PAYMENT METHODS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, requiring payment of a price in exchange for the supply of the ordered Product.
In any event, the Seller reserves the right to verify the validity of the payment, before shipping the order, by any necessary means.
The Seller uses the STRIPE online payment solution.
Orders can be paid using one of the following payment methods:
• Payment by credit card. Payment is made directly on the secure banking servers of the Seller’s bank; the Customer’s bank details are not transmitted to the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process.
This ensures that these details are not accessible to third parties.
• Payment via a 100% secure and encrypted PayPal account. The Customer’s order is recorded and validated upon acceptance of payment by the bank.
The Customer’s account will be debited with the corresponding amount only when the bank card details have been verified and the debit accepted by the issuing bank.
Failure to debit the amounts due will result in the immediate nullity of the sale.
The bank card may be declined if it has expired, if it has reached the maximum spending amount to which the Customer is entitled, or if the details entered are incorrect.
Article 7 – PRODUCT PRICES
The price of the Products in effect at the time of the order is indicated in euros, inclusive of all taxes (TTC), excluding delivery and shipping costs.
In the event of a promotion, the Seller undertakes to apply the promotional price to any order placed during the promotional advertising period.
The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include any discounts and rebates that the Seller may grant.
Delivery costs may apply to the order placed by the Customer. These costs are detailed in Article 11 of these General Terms and Conditions.
When delivery or shipping costs apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount owed by the Customer and its details are indicated on the order confirmation page.
Article 8 – FORMATION OF THE CONTRACT
The contract between the Seller and the Customer is formed when the Customer sends confirmation of their order.
The Customer’s attention is particularly drawn to the method of accepting the order placed on the Website. When the Customer places their order, they must confirm it using the “double-click” technique. This means that after selecting Products and adding them to their shopping cart, they must check and, if necessary, correct the contents of their shopping cart (identification, quantity of products selected, price, delivery terms and costs) before confirming it by clicking on “confirm order.” They then acknowledge acceptance of these Terms and Conditions before clicking on the “order” button. Finally, they confirm their order after completing their bank details. The “double-click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unconditional acceptance of the order by the Customer. The Seller shall archive communications, purchase orders, and invoices on a reliable and durable medium to provide a faithful and durable copy. These communications, purchase orders, and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Seller online or by telephone constitutes proof of all transactions between the Seller and its Customers.
Article 9 – Placing an Order
To place an order, the Customer must follow the instructions below:
– You can access the products of your choice by going to their dedicated product page and entering the desired quantity. Then click on ADD TO CART. A window will then appear, allowing you to finalize your order or continue shopping.
– You can also enter your product reference directly in the cart in the appropriate box at the top of the page.
At the beginning of the order process and at any time until its validation, you can access your cart by clicking on the “My Cart” icon in the top right corner of each page.
From the beginning of the order or at any time during the ordering process, by clicking on My Cart or by consulting the summary on the right of the steps in the order process, you can access information on the delivery costs, the geographic delivery area, and any order restrictions. To find out the delivery costs, you can click on “Delivery costs”.
Step 1: My Cart
You will then arrive at the summary page of your order, which displays:
• The list of products in your cart
• The gifts you are entitled to
• A field to enter your discount code (if applicable)
• The delivery costs you will be charged in addition to the price of the products
At this stage, you can continue shopping by clicking on “Continue shopping” or move on to the next step by clicking on “Confirm my cart”, in accordance with the double-click principle.
Step 2: Login
If you already have a customer account on the website, enter your email address and password. Your identity and contact information will be automatically included in your order.
If you wish to change any information, click on “Edit”.
If you do not have a customer account, create one in just a few clicks. Registration is mandatory to place an order. Your customer account allows you to retrieve your personal information without having to re-enter it, and to modify it if necessary.
To proceed to the next step, click on “SIGN IN” (if you already have an account) or “CREATE MY ACCOUNT” (if you are a new customer).
Step 3: Delivery Information: Rates and Geographic Areas
You can choose between:
• Your usual address as entered in your customer account
• Another address of your choice
This step also allows you to choose a billing address, which can be different from the delivery address, and to view the amount of your contribution to the shipping, packaging, and processing costs for your order.
Order.
To proceed to the next step, click on “CONFIRM MY ORDER.”
Step 4: Payment Method
At this step, you can choose to pay directly online by credit card using a completely secure payment tool.
By clicking on “Order,” you agree to pay the amount of your order and will be taken directly to the bank’s website to make your payment online.
Step 5: Confirmation of Your Order
Once your order is confirmed, you will receive an email confirming your order. This email will summarize your identity, details of the products purchased, the price to be paid and the chosen payment method, fees, and the delivery address.
If you wish, the invoice can be downloaded in PDF format, and a history of your recent orders is available in the “My Account” section. As a proof agreement, our order recording systems provide proof of your login details and the information you have entered, as well as the date and content of the order, which you agree to.
Your order is thus confirmed by our services, subject to subsequent verification by our services that the order complies with the offer present at the time of the order and that there are no previous unpaid orders.
You will also receive an email notifying you of the shipment of your order.
SUBSCRIPTIONS:
Subscription options are available on the website. By opting for one or more subscriptions, the Customer agrees to receive the products every 2 or 3 months (depending on the choice they make) and to be charged the subscription price periodically.
The subscription is non-binding; the Customer can suspend it at any time directly via their customer account, on the dashboard. The Customer will receive several emails from the Seller before the renewal of their subscription to inform them of this renewal and to allow them to cancel it before the renewal date if they do not wish to receive the relevant Products again. If the Customer does not cancel their subscription before its renewal, any return of the relevant Products will be at the Customer’s expense.
Article 10 – RETENTION OF TITLE
The Seller remains the exclusive owner of the Products ordered on the Site until
the full price has been paid, including any shipping costs.
Article 11 – SHIPPING AND DELIVERY
11.1. Delivery Methods
The online sales offers presented on the Site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries within these same geographic areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Seller may offer you different delivery or delivery methods depending on the nature of the product:
Home delivery with Colissimo;
Shipping costs are those specified when finalizing the order and are accepted upon confirmation of the order. The Seller undertakes, in accordance with the delivery deadline indicated on the Website for each Product, to deliver the Products within a maximum of thirty (30) days after receipt of the order.
Delivery times are indicated in business days on the Website when the order is placed. These times include the preparation and shipping of the order as well as the delivery time provided by the carrier.
The Seller undertakes to ship the Products in accordance with the delivery times indicated on each Product page and in the shopping cart, provided that payment for the order has not been previously refused.
However, if one or more Products cannot be delivered within the initially announced delivery time, the Seller will send the Customer an email informing them of the new delivery date. If the maximum delivery time cannot be met, the Customer shall have the right to cancel their order, free of charge, under the conditions of Articles L216-1 et seq. of the French Consumer Code, by registered letter with acknowledgment of receipt or in writing on a durable medium, if, after having instructed the Seller, under the same terms, to make delivery within a reasonable additional period, the Seller has not performed within this period. The contract shall be considered terminated upon receipt of the written notice informing the Seller of this termination, unless the order has been delivered in the meantime. In the event of termination, the Seller shall reimburse the Customer for all amounts paid, no later than fourteen days following the date on which the contract was terminated, in accordance with the legal conditions. Upon delivery, the Customer may be asked to sign a receipt. No deliveries will be made to a PO box.
11.2. Acceptance of Delivery and Complaints
The Customer is obliged to accept delivery of the Products.
Upon delivery, it is the Customer’s responsibility to verify that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No complaints regarding the quantity or condition of the Product will be accepted if the complaint has not been noted on the delivery slip.
The transfer of risks related to the transport of the Products (loss, theft, damage, etc.) occurs when the Customer physically takes possession of the products.
11.3 Amount of Delivery Costs
| FRANCE | ||||
| At Home (Colissimo) | 3 to 5 working days | 4,90 € | Free for purchases of €65 or more | |
| EUROPE | ||||
| Zone 1 – Chypre, Allemagne, Autriche, Belgique, Bulgarie, Croatie, Danemark, Espagne, Estonie, Finlande, Grèce, Hongrie, Irlande, Italie, Lettonie, Lituanie, Luxembourg, Malte, Pays-Bas, Pologne, Portugal, Roumanie, République Tchèque, Slovaquie, Slovénie, Suède | ||||
| At Home (Colissimo) | 3 to 5 working days | 11 € | Free for purchases of €150 or more | |
| ZONE 2 – Suisse, Islande, Maroc, Algérie, Tunisie, Finlande, Norvège, Turquie, San Marin, Liechtenstein, Andorre, Vatican, Iles espagnoles et portugaises, Royaume-Uni | ||||
| At Home (Colissimo) | 3 to 5 working days | 14 € | Free for purchases of €150 or more | |
| DOM TOM | ||||
| La Réunion, Mayotte, Guadeloupe, Martinique, Saint Barthélémy, Saint Pierre et Miquelon, Saint Martin (partie française), Nouvelle Calédonie, Polynésie Française, Wallis et Futuna, Guyane Française | ||||
| At Home (Colissimo Access) | 6 to 12 working days | 20,90 € | Free for purchases of €200 or more | |
| REST OF THE WORLD | ||||
| At Home (Colissimo) | 6 to 12 working days | 25,90 € | Free for purchases of €200 or more | |
If a delivered Product does not fully satisfy the Customer, the latter may return it to the Seller. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with Article L.221-21 of the French Consumer Code and in order to exercise this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to complete the standard withdrawal form annexed to these General Terms and Conditions and send it to us by mail or to hello@miye.care.
The Customer may use the standard withdrawal form, but it is not mandatory. If they wish, the Customer may exercise their right of withdrawal by notifying the Seller of the following information:
• name, geographic address, telephone number, and email address; • decision to withdraw by means of an unambiguous statement (for example, a letter sent by post, fax, or email, provided that these contact details are available and therefore appear on the standard withdrawal form).
The Seller will send an acknowledgment of receipt of the Customer’s withdrawal request by email.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all possible accessories.
The Seller will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all elements enabling the Customer’s refund to be processed.
This refund may be made using the same payment method used by the Customer. As such, Customers who have paid for their order in the form of credit notes/gift vouchers may be reimbursed with credit notes/gift vouchers at the Seller’s discretion. Pursuant to Article L.221-28 of the French Consumer Code, the following conditions apply and prevent the exercise of the right of withdrawal. The Customer may not withdraw in the following cases:
• the supply of goods that have been unsealed by the consumer after delivery and
which cannot be returned for reasons of hygiene or health protection;
• the supply of goods that, after delivery and by their nature, are
inevitably mixed with other items;
• the supply of a newspaper, periodical, or magazine, except for subscription contracts
for these publications;
• the supply of digital content not provided on a physical medium, the performance of which
has begun after the consumer’s express prior consent and
express waiver of their right of withdrawal. When the Customer exercises their right of withdrawal, whether the Products being returned were purchased as part of a subscription or a simple order, the return costs are the responsibility of the Customer. The amount of return costs depends on the rates applied by La Poste at the time of return. By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal terms and conditions.`
Article 13 – CUSTOMER SERVICE
The Customer may contact the Seller by email at hello@miye.care, indicating their name, telephone number, the subject of their request, and the order number in question.
Customer Service is available from 9 a.m. to 5 p.m., Monday to Friday.
Article 14 – INTELLECTUAL PROPERTY AND WEBSITE USE LICENSE
MiYé is a registered and protected trademark.
All rights to the Seller’s trademarks and distinctive signs, and the intellectual property rights to the products, product names, and website architecture, as well as the elements and documents displayed on the website www.miye.care, accessible via your computer and/or smartphone, taken together or separately, are the property of MiYé, whose registered office is located at 334 chemin des Indicas, 06160 Antibes, France, or the entities concerned.
All content of the Seller’s documents is covered by copyright. This content may not be freely reproduced without prior request and without indicating the source, in accordance with the conditions set out in Article L 122-4 of the French Intellectual Property Code. The Seller is the sole owner of all elements present on the Site, including, but not limited to, all texts, files, images (animated or not), photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, Site structure, and all other intellectual property elements and other data or information (hereinafter, the “Elements”), which are protected by French and international laws and regulations relating in particular to intellectual property.
No license or right other than the right to view the Site is granted.
Any reproduction of trademarks, distinctive signs, products, and generally any documents published on the Site is prohibited.
By way of exception, the reproduction of any document published on the Site is only authorized for informational purposes for personal and private use; any reproduction or use of copies made for other purposes is expressly prohibited. Any reproduction or other use without the Seller’s consent will constitute infringement and will be prosecuted and punished under Intellectual Property Law.
Consequently, none of the Elements of the Site may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented, or exploited in any other way, whether free of charge or for a fee, by a Customer or a third party, regardless of the means and/or media used, whether known or unknown to date, without the express prior written authorization of the Seller on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.
The Seller reserves the right to pursue all legal remedies against any person who fails to comply with the prohibitions contained in this article.
ARTICLE 15 – LIABILITY AND WARRANTY
15.1. Limitation of Liability:
The Products offered for sale on the Site comply with current French legislation and the standards applicable in the European Union. The Seller guarantees that the Products meet regulatory requirements regarding safety and traceability.
It is the responsibility of Customers residing outside France to verify that the Products comply with the local laws of their country of residence before ordering them.
It is also the Customer’s responsibility to verify, before placing an order, that the ordered products are suitable for their specific needs and that they have no medical contraindications to their use.
Furthermore, the Seller shall not be liable for any form of damage caused by improper use of the Products, which must be used by the Customer in accordance with their intended purpose.
The Seller shall not be held liable for information imported, stored, and/or published on the Site by Customers. The Seller cannot be held liable for any information published by a Customer on the Site or for any direct or indirect damage that such use may cause to a third party. The Customer who published the information remains solely liable in this regard.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions over the Internet. Therefore, the Seller does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to modify their content and/or presentation.
15.2. Legal Guarantees:
Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the guarantee against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.
1) When you act under the legal guarantee of conformity:
● You have a period of two (2) years from delivery of the goods to act;
● In accordance with the presumption of anteriority of defects, you are exempt from providing proof of the existence of the lack of conformity of the goods at the time of sale during the twenty-four (24) months following delivery of the goods (except for used goods); ● You can choose between repair or replacement of the item, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code.
2) You may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code. In this case, you can choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the French Consumer Code, Articles 1641, 1644 and the first paragraph of Article 1648 of the French Civil Code, as in force on the date of these General Terms and Conditions:
Art. Article L.217-4 of the French 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. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.”
Article L.217-5 of the French Consumer Code:
“The goods conform to the contract:
1° If they are suitable for the use 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 possess the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.”
Art. L.217-7 of the French Consumer Code:
“Lack of conformity that appears within twenty-four months of delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the alleged defect.”
Article L.217-9 of the French Consumer Code:
“In the event of a lack of conformity, the buyer shall choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the extent of the defect.
The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.”
Article L.217-12 of the French Consumer Code:
“Action resulting from a lack of conformity is time-barred after two years from delivery of the goods.”
Article Article 1641 of the Civil Code:
“The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish such use so much that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them.”
Article 1644 of the Civil Code:
“In the cases covered by Articles 1641 and 1643, the buyer has the option of returning the item and receiving a refund of the price, or keeping the item and receiving a partial refund of the price.”
Article 1648, paragraph 1, of the Civil Code:
“The action resulting from latent defects must be brought by the buyer within two years of the discovery of the defect.” »
Please note that the search for amicable solutions prior to any potential legal action does not interrupt the time limits for exercising legal guarantees or the duration of any potential contractual guarantee.
ARTICLE 16 – FORCE MAJEURE
The Seller shall not be held liable for the total or partial non-performance of its obligations if such non-performance is due to an act of God or the occurrence of an element constituting force majeure within the meaning of Article 1218 of the Civil Code.
Such an event constitutes grounds for suspension and/or termination of the Seller’s obligations to the Customer, without compensation for the Customer.
In the event that this suspension of the Seller’s performance of its obligations continues beyond a period of fifteen (15) days from the Seller’s notification to the Customer of such suspension, the Customer shall then have the option to cancel the current order, and the Seller shall then refund the order within fourteen (14) days of the cancellation by crediting the Customer’s bank account.
ARTICLE 17 – PERSONAL DATA
As part of the conclusion and execution of these General Terms and Conditions, and in order to provide you with its services, personalized information, and practical advice, the Seller may collect personal data.
In accordance with the European General Data Protection Regulation (GDPR), it is recalled that the personal data collected from the Customer is necessary for their identification, the processing of their order, and, where applicable, the maintenance of their Subscription, and the preparation of invoices. Personal data that must be provided by Customers are marked with an asterisk.
The User is invited to review and accept the Privacy Policy, which includes all the information that must be communicated to the data subjects in accordance with the GDPR. You can consult the Privacy Policy on the Website at any time. Please note that data subjects have the right to access, rectify, erase, limit, transfer, and object to their personal data and may revoke their consent to the processing carried out by the Seller at any time. Data subjects may exercise their rights directly with the Seller, who undertakes to comply with them within the regulatory timeframes, by writing to the following address: hello@miye.care
Article 18 – CUSTOMER LIABILITY AND OBLIGATIONS WHEN USING THE SITE
18.1. Content Published by Customers:
The Seller cannot be held liable for any use made of the Site and its services by Customers in violation of these General Terms and Conditions, nor for any direct or indirect damages that such use may cause to a Customer or a third party. In particular, the Seller cannot be held liable for false statements made by a Customer or their behavior towards third parties. In the event that the Seller is held liable for such behavior by one of its Customers, the latter undertakes to indemnify the Seller against any convictions handed down against it and to reimburse the Seller for all costs, including attorneys’ fees, incurred in its defense. The Customer is solely responsible for all content posted on the Site, for which they expressly declare that they hold all rights, and therefore guarantees the Seller that they will not post any content that violates third-party rights, including intellectual property rights, or constitutes an infringement of personal rights (including defamation, insults, abuse, etc.), privacy, or a breach of public order and morality (including, condoning crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of a breach of applicable laws, morality, or these General Terms and Conditions, the Seller may automatically exclude Customers who are guilty of such violations and remove information and links to such disputed content.
18.2. Customer Reviews
Customers have the option, via the service provider TrustPilot, to leave reviews of the Products. Customers agree to comply with public policy rules and to exercise restraint when writing and publishing reviews or comments on the Site. Customers also agree to only leave reviews for the Products they have purchased.
The Seller does not perform any moderation prior to the publication of Customer reviews.
By these General Terms and Conditions, the Customer agrees to:
● Not infringe on the privacy, image rights, or reputation of others;
● Not collect, record, publish, or disclose personal data without authorization;
● Not disclose confidential information without authorization;
● Not endorse content that they know or believe to be misleading, inaccurate, or manipulated to deceive; ● Do not do or say anything that could undermine human dignity, particularly by posting comments that are insulting, sexist, violent, offensive, malicious, threatening, harassing, provocative, false, defamatory, discriminatory, racist, xenophobic, homophobic, revisionist, Holocaust denier, sectarian, pornographic, child pornography, inciting the commission of an offense or crime, contrary to morality, and, generally speaking, contrary to public order or applicable regulations.
Any user of the Site may report a post, message, comment, or profile that they consider to be contrary to these General Terms and Conditions by sending an email to hello@miye.care. The Seller will review the reported items and may, if necessary, remove without notice within a reasonable timeframe any items reported as non-compliant with the General Terms and Conditions. In such cases, the Seller may suspend or delete a Customer account, hold the Customer liable, and seek compensation for any damages suffered before any competent court.
18.3. Hyperlinks:
The hyperlinks available on the Site may lead to third-party wbesite not published by the Seller. They are provided solely for the Customer’s convenience, to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Site and agree to use third-party website at their own risk or, where applicable, in accordance with the terms and conditions governing them.
The Customer acknowledges that the Seller does not control or contribute in any way to the development of the terms of use and/or content applicable to or appearing on these third-party website.
Consequently, the Seller shall not be held liable in any way for these hyperlinks.
Furthermore, the Customer acknowledges that the Seller does not endorse, guarantee, or take responsibility for all or part of the terms of use and/or content of these third-party website. The Site may also contain promotional hyperlinks and/or advertising banners directing to third-party website not published by the Seller.
The Seller invites the Customer to report any hyperlink on the Site that provides access to a third-party site offering content that violates the law and/or morality.
The Customer may not use and/or insert a hyperlink pointing to the Site without the prior written consent of the Seller on a case-by-case basis.
18.4. Seller’s Hosting Status
The Seller is considered the host for content posted online by third parties.
As such, it is recalled that the Seller has no general obligation to monitor the content transmitted or stored via the Site. In the event that the Seller is held liable for content posted online by the Customer, the Customer agrees to indemnify the Seller against any judgments issued against it and to reimburse the Seller for all costs, including attorneys’ fees, incurred in its defense. Any user of the Site may report a post, message, comment, or profile that they believe violates these Terms and Conditions by writing to hello@miye.care. The Seller will then review the reported items and may, if necessary, remove without notice within a reasonable timeframe any content found to be non-compliant with these Terms and Conditions.
ARTICLE 19 – GENERAL PROVISIONS
19.1. Entire Agreement of the Parties
These General Terms and Conditions constitute a contract governing the relationship between the Client and the Seller. They constitute the entirety of the rights and obligations of the Company and the Seller relating to their subject matter. If one or more provisions of these General Terms and Conditions are declared null and void pursuant to a law, regulation, or following a final decision of a competent court, the other provisions shall remain in full force and effect. Furthermore, the failure of one of the parties to these General Terms and Conditions to enforce a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver on its part to enforce such a breach in the future.
19.2. Changes to the General Terms and Conditions
The Seller reserves the right to modify the content of the Site or the services available therein at any time and without notice, and/or to temporarily or permanently cease operating all or part of the Site.
In addition, the Seller reserves the right to modify the location of the Site on the Internet, as well as these General Terms and Conditions, at any time and without notice. The Customer is therefore required to refer to these General Terms and Conditions before using the Site.
19.3. Applicable Law and Dispute Resolution
These General Terms and Conditions are governed, interpreted, and applied in accordance with French law.
In the event of a dispute, you should first contact the company’s customer service at the following address: hello@miye.care.
The Seller undertakes to respond promptly to any Customer who has made a complaint regarding these General Terms and Conditions and to make its best efforts to resolve any dispute amicably. In the event of an unresolved dispute with Customer Service, the Customer may contact the following mediator free of charge: CMAP – Centre for Mediation and Arbitration of Paris at +33 1 44 95 11 40, or via the European online dispute resolution platform: https://ec.europa.eu/consumers/odr/.
If mediation fails, the dispute between the Customer and the Seller will be submitted to the competent French courts.
19.4. Offers and Prices
The offers (promotions, gifts, shipping costs) offered on the MiYé Website may be exclusive and different from the offers in MiYé’s catalogs, promotional mailings, and press advertisements, which may not be available on the desktop or mobile version of the Website. Offers and prices are subject to change throughout the year, it being understood that the products ordered are invoiced at the prices in effect (i.e., those displayed on the Website) at the time the buyer places the order.
Promotional offers are valid as long as they are displayed on the Website, for the period of validity they state, and while stocks last.
19.5. Invalidation
If any clause of these General Terms and Conditions is declared null and void, it shall be deemed unwritten but shall not invalidate the Training or invalidate the other clauses of the General Terms and Conditions.
19.6. Non-waiver
Failure to enforce any provision of the General Terms and Conditions or acquiesce in its non-performance, whether permanent or temporary, shall not be construed as a waiver of this right.
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