The present conditions of sale are concluded on the one hand by the company MYBUD SHOP with a share capital of 1000€ whose head office is located in NANCY, registered in the Trade and Companies Register of NANCY under the number 841 462 856 hereinafter referred to as “SARL MYBUD” and managing the website www.mybudshop.eu and, on the other hand, by any individual or legal entity wishing to make a purchase via the website www.mybudshop.eu hereinafter referred to as “the buyer”.
Section 1. Subject
The present conditions of sale aim to define the contractual relationship between MYBUD SHOP and the buyer and the conditions applicable to any purchase made through the website www.mybudshop.eu. The acquisition of a product through the present website implies an unreserved acceptance by the buyer of the present conditions of sale, which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the website www.mybudshop.eu is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have full legal capacity, allowing him to commit under these terms and conditions of sale.
The MYBUD SHOP company keeps the possibility to modify at any time these conditions of sale, in order to respect any new regulation or in order to improve the use of its site. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Section 2. Products
The products offered are those listed on the website www.mybudshop.eu of the company MYBUD SHOP, within the limits of available stocks. The company MYBUD SHOP reserves the right to modify at any time the range of products. Each product is presented on the website in the form of a description including its main technical characteristics (capacity, use, composition …). The photographs are as accurate as possible but do not commit the Seller. The sale of the products presented on the website www.mybudshop.eu is intended for all buyers residing in France.
Section 3. Prices
The prices appearing on the product sheets of the internet catalogue and are prices in Euros (€) all taxes included (VAT included) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products. The company MYBUD SHOP reserves the right to change its prices at any time, it being however understood that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, charged in addition to the price of the products purchased according to the total amount of the order. In metropolitan France, for any order greater than or equal to 60 euros including all taxes, shipping costs are free; for any order less than 60 euros including all taxes, a flat-rate contribution to shipping costs will be invoiced to the buyer in the amount of 4.50 euros including all taxes for a delivery by tracked letter.
Section 4. Order and terms of payment
Before any order, the buyer can create an account on the site www.mybudshop.eu or place an order in “Guest” mode. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile…), will have to identify himself using this information. MYBUD SHOP offers the buyer to order and pay for its products in several steps, with 2 payment options to choose from:
– Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he wishes to order in the “cart”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer. Then, the buyer chooses the method of payment of his choice: “Payment by Paypal”. The next step is to check all the information, read and accept the present terms and conditions of sale by ticking the corresponding box, then invites the buyer to confirm his order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure interface PAYPAL in order to securely enter his Paypal account or personal credit card details. If the payment is accepted, the order is registered and the contract is definitively formed. Payment by Paypal account or credit card is irrevocable. In case of fraudulent use of the latter, the buyer may demand the cancellation of the payment by card, the sums paid will then be recredited or refunded. The responsibility of the holder of a bank card is not engaged if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. In order to obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest the debit in writing with his bank within 70 days of the transaction, or 120 days if the contract binding him to the bank so provides. The amounts debited are reimbursed by the bank within a maximum period of one month after receipt of the written objection from the cardholder. The holder may not be charged for any costs incurred in returning the sums.
The confirmation of an order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation to avail oneself of one’s own terms and conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an email address and if he has provided it on his order form, MYBUD SHOP will send him by email the confirmation of the registration of his order.
If the buyer wishes to contact the company MYBUD SHOP, he can do so either by mail at the following address: MYBUD SHOP, 10 rue de la Monnaie, 54000 NANCY; or by email at the following address: firstname.lastname@example.org, or by phone at 06 11 44 11 22.
Section 5. Retention of title
The company MYBUD SHOP retains full and complete ownership of the products sold until full receipt of the price, in principal, fees and taxes included.
Section 6. Withdrawal
Pursuant to section L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for the cost of return. The products must be intact. They must not be different from those sent.
Section 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by La Poste, delivery service with tracking, delivery without signature. Delivery times are given only as an indication; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. The company MYBUD SHOP may provide the buyer with the tracking number of his package by e-mail. The buyer is delivered to his home by his postman. In case of absence of the buyer, he will receive a notice of passage from his postman, which allows him to collect the products ordered at the nearest post office, during a period indicated by the postal services. The risks related to the transport are the responsibility of the purchaser from the moment the items leave the premises of the company MYBUD SHOP. The buyer is required to check in the presence of the postal employee or the deliveryman, the state of the packaging of the goods and its contents upon delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
Section 8. Warranty
All products supplied by the company MYBUD SHOP benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it may be returned to the company MYBUD SHOP which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by mail to the following address: MYBUD SHOP, 10 rue de la monnaie, 54000 NANCY (FRANCE), within thirty days after delivery.
Section 9. Responsibility
The MYBUD SHOP company, in the process of distance selling, is bound only by an obligation of means. Its responsibility cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
Section 10. Intellectual Property
All elements of the site www.mybudshop.eu are and remain the exclusive intellectual property of the company MYBUD SHOP. Nobody is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Section 11. Personal data
The company MYBUD SHOP undertakes to preserve the confidentiality of information provided by the buyer, which it would be led to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He may request this at any time by mail to the following address: MYBUD SHOP, 10 rue de la monnaie, 54000 NANCY
Section 12. Dispute settlement
The present conditions of distance selling are subject to French law. For all disputes or litigation, the competent court will be that of NANCY.