GENERAL TERMS AND CONDITIONS OF SALE
Applicable as of July 15, 2020
The present general terms and conditions of sale ("Terms and Conditions") apply, without restriction or reservation, to all sales concluded by YUMAN.X, a simplified joint stock company with a sole shareholder registered in the RCS of BORDEAUX under number 852 146 653, whose registered office is Château de Thouars 27 allée des Petits Rois 33400 TALENCE - FRANCE (hereinafter "YUMAN. X"), from any professional or consumer ("the Client") wishing to purchase the products offered for sale by YUMAN.X ("the Products") on the website www.yuman-x.com ("the Website).
The General Terms and Conditions specify in particular the conditions of order, payment, delivery and management of any returns of Products ordered by the Client.
Placing an order with YUMAN.X implies full and complete acceptance of these General Terms and Conditions and obligation to pay for the Products ordered, thus forming a contract ("the Contract").
These Terms and Conditions apply to the exclusion of any other conditions, including those applicable for sales in stores or through other distribution and marketing channels.
The Terms and Conditions are accessible at any time on the Website and shall prevail, where applicable, over any other version or any other contradictory document.
As the Terms and Conditions may be subject to subsequent modifications, the version applicable to the Client's purchase is that in force on the Website on the date the order is placed.
In these Terms and Conditions, the Client acting as a professional within the meaning of the French Consumer Code is referred to as a "Professional Client". Otherwise, he is referred to as a "Consumer Client".
In the event that the Contract is concluded by a Professional Client, these Terms and Conditions constitute, in accordance with Article L441-1 of the French Commercial Code, the sole basis of the commercial relationship between the Parties. The Professional Client acknowledges that this Contract is not concluded off-premises as defined by the French Consumer Code and that, as such, the provisions of the French Consumer Code are not applicable to him, in particular those relating to the right of withdrawal.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The Client declares that he has read these Terms and Conditions and has accepted them by ticking the box provided for this purpose before ordering the Products on the Website.
This acceptance entails adherence to and full acceptance of these Terms and Conditions and the obligation to pay for the Products ordered, which is expressly recognised by the Client, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against YUMAN.X.
The Client acknowledges having the capacity required to contract and acquire the Products offered on the Website.
Pre-contractual information - Products offered for sale
The Client acknowledges having been informed, prior to the placing of the order and the conclusion of the Contract, in a legible and comprehensible manner, of the present Terms and Conditions and of all information directly and necessarily related to the content of the Contract.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the Website.
The Client must refer to the description of each Product in order to know its properties, essential characteristics and delivery times before placing an order.
At the request of the Client when ordering, and depending on the availability of the personalisation service offered by YUMAN.X, certain Products may be personalised.
In order for the personalisation request to be handled by YUMAN.X, the Client agrees to communicate all the elements necessary for personalisation as requested when placing the order.
The Client declares and guarantees that he has all intellectual property rights and necessary authorisations on the elements communicated to YUMAN.X for personalisation (including but not limited to photos, logos, illustrations, texts) and that their use does not contravene either current legislation or the rights of third parties. The Client shall indemnify and hold YUMAN.X harmless from any liability in case of actions of third parties in this regard. The Client is also solely responsible for the transferred files, their quality and content.
Placing the order
It is up to the Client to select on the Website the Products he wishes to order.
The Client has the possibility to check the details of his order, its total price and to correct any errors before confirming his order. It is the Client's responsibility to check the accuracy of the order and to immediately report or correct any errors.
The order on the Website is made when the Client accepts the present Terms and Conditions by ticking the box provided for this purpose and validates his order. This validation implies acceptance of the entirety of these Terms and Conditions.
Acceptance of the order - Conclusion of the Contract
The sale is final once YUMAN.X has sent the Client confirmation of acceptance of the order by e-mail.
Any order placed by the Client on the Website and confirmed by YUMAN.X, under the conditions and according to the terms and conditions described above, constitutes the formation of a Contract concluded remotely between the Client and YUMAN.X.
Unless proven otherwise, the data recorded in YUMAN.X's computer system constitutes proof of all transactions concluded with the Client.
YUMAN.X reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
Provisions applicable to orders placed by a Professional Client
It is strictly forbidden for the Professional Client to resell the Products whose acquisition is governed by these Terms and Conditions. If the Professional Client wishes to become a distributor, he is invited to contact YUMAN.X at the following address: firstname.lastname@example.org.
The Products are supplied at the price in force on the Website, when the order is submitted to YUMAN.X.
Prices are indicated in euros, excluding VAT and all taxes. Any change in the applicable VAT rate will automatically be reflected in the price of the Products. If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, whether upwards or downwards, this change may be passed on to the sale price of the Products.
Prices take into account any reductions that may be granted by YUMAN.X on the Website.
These prices are firm and non-revisable during their period of validity, as indicated on the Website, YUMAN.X reserves the right, outside this period of validity, to change prices at any time. The prices displayed on the Website do not take into account processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Website and calculated prior to placing the order.
In the event of a specific request from the Client regarding the packaging or transport conditions of the Products ordered, duly accepted in writing by YUMAN.X, the related costs will be subject to specific additional invoicing, based on a quote previously accepted by the Client.
The payment requested from the Client corresponds to the total amount of the purchase, including these costs, as well as any discounts that may be granted through "Promotional Codes".
The price is payable in cash, in full on the day the order is placed by the Client, by credit card or by any other means of payment offered by YUMAN.X.
An invoice is established by YUMAN.X and sent to the Client upon delivery of the Products ordered or by email to the address indicated at the time of the order.
In the event of a payment incident causing a delay in a Contract concluded with a Professional Client, late payment penalties will be calculated interest rate applied by the European Central Bank to its most refinancing operation in accordance with Article L. 441-10 of the French Commercial Code. Late payment penalties shall be due automatically by the Professional Client without any formality or prior formal notice, on all sums remaining unpaid on their due date and regardless of the method of payment.
Finally, a flat-rate compensation for collection costs, in the amount of 40 euros, shall be due by right and without prior notification by the Professional Client in the event of late payment from the first day of delay. YUMAN.X reserves the right to request additional compensation from the Client if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
Terms of delivery
Delivery means the transfer of physical possession of the Products to the Client. It is made only after confirmation of payment by YUMAN.X's bank.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one single delivery.
The Products ordered by the Client will be delivered to the address indicated by the Client when ordering on the Website. The Client must ensure the accuracy of the address provided to YUMAN.X when ordering. Any package returned to YUMAN.X due to an incorrect or incomplete delivery address will be reshipped at the expense of the Client.
Delays - Late delivery
YUMAN.X undertakes to use its best efforts to deliver the Products ordered as quickly as possible, it being specified that delivery times are mentioned as an indication when placing the order.
If the Products ordered have not been delivered within a reasonable period of time after the indicative delivery date, the sale concluded with a Consumer Client may be cancelled at the latter's written request under the conditions set forth in Articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code.
The sums paid by the Consumer Client will then be returned to him at the latest within fourteen (14) days following the date of termination of the Contract, to the exclusion of any compensation or deduction.
However, in accordance with article L121-19-4 of the French Consumer Code, these provisions are not applicable if the delay in delivery is due either to the Client, or to the unforeseeable and insurmountable fact of a third party, or to a case of force majeure, as defined in the article "Force Majeure".
Delivery outside Metropolitan France
In the event of an order to a country other than metropolitan France, the Client is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Client.
Where applicable, customs formalities, as well as the related fees and taxes are the responsibility of the Client.
The Client undertakes to comply with the regulations in force regarding importation, transport and storage in the country of destination of the Products, so that neither YUMAN.X nor its partners can ever be worried or sought in the event of non-compliance with these regulations by the Client.
TRANSFER OF OWNERSHIP - TRANSFER OF RISK
Provisions applicable to Consumer Clients
The transfer of ownership of YUMAN.X's Products to the Client will be made after confirmation of the order, subject to the effective payment of the price by the Client.
Regardless of the date of the transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto shall only take place when the Client takes physical possession of the Products. The Products therefore travel at YUMAN.X's risk.
The transfer of risks is therefore carried out after delivery, at the Client's address or at a relay point, depending on the choice made by the Client at the time of the order. The Client shall assume the costs and risks of any transport of the Products following their delivery.
By exception, in accordance with the provisions of Article L 216-4 of the French Consumer Code, if the Client wishes to use a carrier other than the one proposed by YUMAN.X, the risks of loss and deterioration relating to the Products are transferred to the Client when the carrier takes physical possession of the Products.
Provisions applicable to Professional Clients
The transfer of the risks of loss and deterioration to the Client shall be carried out upon acceptance of the order, evidencing the Parties' agreement on the item and the price, independently of the transfer of ownership, and this regardless of the date of payment and delivery of the Products. The Client shall bear the risks that the Products may suffer or cause, for any reason whatsoever, even in the event of force majeure, fortuitous event or due to the actions of a third party.
In the event of a payment incident, YUMAN.X reserves, until full payment of the price by the Client, a property right on the Products sold, allowing it to repossess the said Products.
RIGHT OF WITHDRAWAL
Terms and conditions for the right of withdrawal
It is hereby reminded that only the Consumer Client can benefit from the right of withdrawal, under the conditions specified in this Article.
In accordance with the legal provisions in force, the Consumer Client has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from YUMAN.X, without having to justify a reason or pay penalties, for the purpose of exchange or refund.
Before returning any Product, the Client must notify YUMAN.X of its intention to exercise its right of withdrawal by a declaration free of ambiguity, or through the withdrawal form available in Annex 2 hereof, by :
- Registered mail: Château de Thouars 27 allée des Petits Rois 33400 TALENCE - FRANCE
- E-mail: email@example.com
Exceptions to the right of withdrawal
In accordance with article L.121-21-8 of the French Consumer Code, certain contracts cannot be the subject of a right of withdrawal on the part of the Client, including any contract for the "supply of goods made to the consumer's specifications or clearly personalised".
Thus, any Product personalised at the request of the Client will be excluded from the right of withdrawal.
The Products must be returned in their original packaging and in perfect condition within fourteen (14) days following notification to YUMAN.X of the Client's decision to withdraw. Returns must be made in their complete original condition (packaging, accessories, manuals ...) allowing their remarketing in new condition, accompanied by the purchase invoice. Damaged, used, soiled or incomplete Products are not accepted.
In the event of exercising the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the delivery costs corresponding to standard shipping shall be reimbursed.
The costs of return are borne by the Client.
Reimbursement will be made within fourteen (14) days from receipt by YUMAN.X of the notification from the Client informing him of his willingness to withdraw. However, YUMAN.X reserves the right to defer the refund until it has received the Product.
The Products supplied by YUMAN.X to the Consumer Client benefit by right and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions, of the following legal warranties:
- the legal warranty of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and making them unfit for use, under the conditions and according to the terms and conditions referred to in the box below and defined in Appendix 1 to these Terms and Conditions.
In order to assert its rights, the Consumer Client shall inform YUMAN.X, in writing, of the non-conformity of the Products within the time limits referred to hereinabove and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions ...).
YUMAN.X shall reimburse, replace or repair Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs shall be reimbursed on the basis of the invoiced price and return shipping costs shall be reimbursed upon presentation of the supporting documents.
Reimbursements to the bank account of the Consumer Client of the Products deemed non-compliant or defective shall be made as soon as possible and no later than thirty (30) days following the acknowledgement by YUMAN.X of the lack of conformity or latent defect.
LIABILITY OF YUMAN.X - FORCE MAJEURE
YUMAN.X cannot be held liable in case of non-performance or poor performance of the Contract due either to the Client or to the insurmountable and unforeseeable fact of any other third party to the Contract, including a subcontractor, or to a case of force majeure or fortuitous events.
In particular, the following are considered to be cases of force majeure, in addition to those usually retained by French courts and tribunals’ case law : wars, social unrest (strikes or lockout situations), attacks, bad weather conditions, epidemics, pandemics, containment measures ordered by the authorities, acts of God, earthquakes, floods, water damage, fires, blockage of means of communication (including Internet, satellite and telecommunications networks).
Similarly, YUMAN.X cannot be held liable in the following cases:
- Non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Client to check before placing the order,
- in the event of misuse of the Products, negligence on the part of the Client, such as in the event of normal wear and tear of the Product or an accident.
In case of non-conformity of the delivered Product, YUMAN.X undertakes to remedy it or to reimburse the Consumer Client, as indicated in the article "Warranties".
PROCESSING OF PERSONAL DATA
YUMAN.X may, as part of the performance of this Contract, be required to access and process personal data within the meaning of applicable regulations, in particular the French Data Protection Act No. 78-17 of January 6, 1978 as amended, and within the meaning of Regulation (EU) 2016/679 of April 27, 2016 - RGPD.
It is reminded that the personal data requested from the Client is necessary for the processing of his order (including contract subscription, payment and delivery) and for the preparation of invoices.
In accordance with the French Data Protection Act, YUMAN.X, as data controller, undertakes to keep confidential the personal data communicated to it by the Client and to process them in compliance with the said Act.
The personal data transmitted to YUMAN.X by the Client are subject to computer processing and may be used by YUMAN.X for processing, execution, management of the Contract and monitoring of customer relations. These data will be kept for three (3) years from the placing of the order for customer relationship management, ten (10) years from the delivery of the Products for the purpose of proof related to the execution of the Contract and ten (10) years from the closing of the accounting year for accounting documents and supporting documents.
YUMAN.X undertakes not to communicate this information to third parties other than its possible business partners responsible for the management and payment of orders and the delivery of Products, for the purposes detailed above. YUMAN.X may also be required to communicate this data to respond to any injunction from the legal authorities.
Any natural person, proving his identity, may exercise the following rights: rights of access, rectification and deletion of his or her data, the right to limitation of processing, opposition to processing and portability of his data, under the conditions provided for by the regulations, upon request addressed to YUMAN.X.
Also, any natural person has the right to define general guidelines for the storage, deletion and communication of his personal data after his death and to refer the matter to the CNIL (Commission Nationale Informatique et Libertés) if he considers that his rights have not been respected.
The Products created and sold by YUMAN.X, the brand YUMAN.X and the content of the Website are the property of YUMAN.X and are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offence.
YUMAN.X reserves the right to quote the name of the Professional Client as a commercial reference, on all media, which the Client expressly and irrevocably accepts, unless otherwise requested by the Professional Client when placing the order.
The cancellation of any of the provisions of this Contract shall not result in the cancellation of the Contract as a whole.
In the event of cancellation of any of the provisions of this Contract, the Parties shall endeavour to negotiate an economically equivalent clause.
The failure of a Party to claim any of the rights resulting from this Contract may not be interpreted as a waiver by it of any other right provided for by the Contract.
These Terms and Conditions and the transactions resulting from them are governed by French law, to the exception of conflict of law rules.
The Terms and Conditions are written in French. In the event that they are translated into one or more languages, only the French version shall be binding in the event of a dispute.
Each Party undertakes to always behave towards the other Party as a loyal partner and in good faith, and in particular, to immediately bring to the attention of the other Party any dispute or difficulty that it may encounter in the performance of the Contract or in its relations with third parties that would affect the performance of the Contract.
In the event of a claim, the Client is invited to send a claim to YUMAN.X by registered mail in order to reach an amicable solution.
If YUMAN.X does not answer the Consumer Client's written complaint or if the answer does not satisfy the Consumer Client, the Consumer Client may have recourse to conventional mediation, in particular to the Commission de la médiation de la consommation (in accordance with Article L.534-7 of the French Consumer Code) or to existing sectoral mediation bodies, or to any alternative dispute resolution method in the event of a dispute.
The Client may contact the following FEVAD e-commerce mediator in order to submit the dispute to YUMAN.X :
- With the online form: https://www.mediateurfevad.fr/index.php/espace-consommateur/#formulaire-conso
- By post: 60 rue de la Boétie 75008 PARIS - FRANCE
In the absence of an amicable agreement, recourse to mediation or acceptance by the Parties of the solution proposed by the mediator, the dispute may be submitted to the French courts, either to the Commercial Court of Bordeaux (France) if the Client is a commercial entity, including in the event of multiple defendants or an appeal in warranty or, failing that, to the competent court according to the rules of common law.
PROVISIONS ON LEGAL WARRANTIES
Article L217-4 of the French Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if the latter was made by him under the contract or was carried out under his responsibility.
Article L217-5 of the French Consumer Code
To be in conformity with the contract, the property must:
- Be fit for the use ordinarily expected of a similar asset and, where appropriate:
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
- have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217-12 of the French Consumer Code
Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.
Article L217-16 of the French Consumer Code
Where the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of movable property, to restore the property to its original condition covered by the warranty, any period of immobilisation of at least seven days shall be added to the duration of the warranty that has remained to run. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.
Article 1641 of the French Civil Code
The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
I, the undersigned, Mrs/Mr ________________________________________________________________________________________________.
Notify YUMAN.X of my willingness to exercise my right of withdrawal on the order designated below:
- Order number: __________________________________
- Date of the order : __________________________________
Date : ______________________
Place : _______________________
Signature of the Client