Terms and conditions of sale

1. PURPOSE

The purpose of these general terms and conditions of sale is to define the rights and obligations of MINIMA and the Customer of products presented by MINIMA on its website www.minima.fr (hereinafter ‘the Site’). They apply exclusively between the company MINIMA, 4 Avenue Louis Delage 91310 LINAS, Siret: 31703743000020 (hereinafter ‘MINIMA’) and any natural person visiting or making a purchase via the said Site (hereinafter ‘the Customer’).

On the Site, MINIMA allows the Customer to order MINIMA brand products online (hereinafter ‘the Product(s)’) in accordance with these general conditions.

Any order placed with MINIMA therefore implies the Customer’s unreserved acceptance of these conditions. The present general conditions may be modified at any time and without prior notice by MINIMA, the applicable conditions being those in force on the date of the order by the Customer.

These general terms and conditions of sale are permanently accessible on the www.minima.fr website in a computer format that allows them to be printed, so that the Customer can reproduce or save them.

2. PRODUCTS AND CONFORMITY

MINIMA makes every effort to ensure that all the information on the site, and in particular the descriptions of the products offered for sale, are as accurate and precise as possible.
However, MINIMA cannot be held responsible for any errors or omissions in this presentation.

The photographs are not contractual. Viewing and purchasing eyewear frames online is a different process from any purchase in a physical shop, which means that the colours, materials and finishes viewed by the customer on the site may vary. MINIMA strives to offer visuals that are as close to reality as possible.

The availability of the products offered for sale is specified when the order is placed. MINIMA reserves the right to withdraw any product from sale at any time and for any reason whatsoever.

3. OBLIGATIONS OF THE CUSTOMER

The Customer must be a duly represented legal entity or an adult natural person with legal capacity to place an order on the Site. Failing this, they must have the authorisation of their legal representative, which they expressly acknowledge and accept.

When placing their first order, Customers must open a customer account and fill in a form. The Customer undertakes to provide complete and accurate personal information, and to update this information if necessary.

The Customer may delete his/her Customer Account at any time by contacting customer services at the following address: contact@minima.fr

4. ORDERING

To place an Order, the Customer fills in the necessary details and orders the products of their choice. Once the Order has been finalised, MINIMA will confirm that it has been processed by sending an e-mail to the address indicated when the Customer account was opened.

Once this stage has been validated, the Customer will no longer be able to cancel the Order. The sale will be final (subject to the Customer exercising their right of withdrawal under the conditions set out in article 8 of these General Terms and Conditions of Sale).

The Customer can access their invoice from their customer account.

MINIMA reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.

MINIMA may accept orders within the limits of available stocks. MINIMA informs the Customer of the availability of the Products sold on the Site when the order is confirmed.

If, despite MINIMA’s vigilance, the Products are unavailable, MINIMA will inform the Customer by e-mail as soon as possible. The Customer will then be able to cancel the order and have any sums already paid refunded.

MINIMA cannot be held responsible for the permanent or temporary unavailability of products, nor can it give rise to any right to compensation or damages in favour of the Customer.

5. PRICES

The prices displayed on the Site are indicated in euros including all French taxes (French VAT and any other taxes that may be applicable). They do not include delivery charges (and customs duties), which are invoiced in addition and indicated before the order is validated.

Prices may be changed at any time, without prior notice, particularly in the event of changes in tax or economic data. Items will be invoiced on the basis of the rates in force at the time the order is registered.
The full price must be paid when the order is placed.

 

6. PAYMENT

Payment for products by the Customer is made by bank card via the secure platform of the payment service provider, which the Customer expressly acknowledges and accepts. The Customer guarantees that he/she is fully authorised to use the payment card provided for the payment of his/her order and that this card gives access to sufficient funds to cover all costs arising from the use of MINIMA’s services.

Following the date of the order, a request to debit the Customer’s bank account will be sent within 3 days to the Customer’s bank. The sales contract will be considered effective and definitively formed once the agreement of the bank payment centres has been confirmed.

In accordance with the regulations in force and to ensure the security and confidentiality of their information, MINIMA does not memorise its Customers’ bank details.

It is therefore up to the Customer to save and print their payment certificate if they wish to keep their bank details and details relating to their transaction.

The Site is equipped with an online payment security system enabling the Customer to encrypt the transmission of bank details.

The Customer must enter their card number, the month and year of expiry shown on the card and the security code on the back of the card, and then validate their payment. The security system is based on Stripe, with payment authorisation requested from the Customer’s bank.

An electronic payment order cannot be cancelled. Consequently, payment of the order by the Customer is irrevocable, without prejudice to the Customer’s right to retract or cancel the order at a later date.

The transfer of ownership of the product to the Customer will only take place when MINIMA has received full payment.

7. DELIVERY

MINIMA delivers its products in France and in all the countries of the European Union and can, on request, deliver to any country.

The products ordered are dispatched with the delivery note, to the delivery address indicated by the Customer when placing their order or creating their customer account.

MINIMA undertakes to deliver the products within a maximum of 30 days from the order validation email sent to the Customer by MINIMA. Delivery times exclude Sundays and public holidays.

However, the Customer acknowledges that MINIMA uses external service providers (carriers, postal services, etc.) to transport the products. Consequently, the delivery times indicated on the Site may be affected by the service providers without MINIMA being responsible for these delivery delays and the consequences that may result from them.

In the event of a delay in delivery of more than 30 working days, if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of the order. In this event, the bank account used by the Customer to place the Order will be credited by the payment service provider with the amount unduly received.

Furthermore, it is expressly agreed that in the event that MINMA is unable to deliver a product under the conditions stipulated herein due to a failure on the part of one of its suppliers (late delivery, non-conformity of the Order in particular), the Customer will be informed by MINIMA as soon as possible. The Customer will not be debited for the amount of the product concerned, or will be reimbursed within 14 days.

 

8. EXCHANGES AND RETURNS

In accordance with the provisions of the Consumer Code, the Customer has a period of 14 working days from the date of delivery of his/her order to return any product that does not suit him/her and request an exchange or refund without penalty, with the exception of the return costs, which remain payable by the Customer.

Products must however be returned in their original packaging, in perfect condition and accompanied by the purchase invoice, within 14 days of MINIMA being notified of the Customer’s decision to withdraw. Damaged, soiled or incomplete products will not be taken back.

The Customer may contact customer service at contact@minima.fr to obtain a returns form.
Reimbursement will be made within 14 days of MINIMA’s receipt of the products returned by the Customer under the conditions set out above.

 

9. GUARANTEE

MINIMA is bound by the legal guarantee of conformity set out in articles L.217-4 et seq. of the French Consumer Code and the legal guarantee against hidden defects as set out in articles 1641 et seq. of the French Civil Code.

Consumers are reminded that when acting on the basis of the legal guarantee of conformity, they :
– has a period of two (2) years from the date of delivery of the goods in which to take action ;
– may choose between repairing or replacing the goods, subject to the cost conditions set out in article L.217-9 of the French Consumer Code;
– is exempt from having to prove the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Consumers are reminded that they may decide to invoke the warranty against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code and that, in this case, they may choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the French Civil Code.

 

10 – LIABILITY

MINIMA may not be held liable for non-performance of the contract entered into in the event of a force majeure event as defined by French legislation and the case law of the French Courts and Tribunals.

 

11 – PERSONAL DATA

MINIMA undertakes to use confidential Customer information only for the purposes of operating its Site.

In order for the order to be processed correctly, the personal data collected will be processed electronically, and the Customer acknowledges that he/she is aware of this.

In this respect, information concerning the Customer may be communicated to MINIMA’s technical service providers.

In addition, MINIMA may apply technical means to obtain non-personal information relating to Internet users and intended to improve the site’s functionalities, for example by tracking the number of visitors to certain pages.

In accordance with the law of 6 January 1978, modified by the law of 6 August 2004, the Customer has the right to access and rectify any personal data concerning him/her contained in MINIMA’s files. All requests should be sent by e-mail to: contact@minima.fr.

12 – GENERAL PROVISIONS

These GCS are subject to the application of French law.
In the event of a dispute or claim, the Customer will first contact MINIMA to obtain an amicable solution.

In the event that an amicable solution cannot be found, exclusive jurisdiction is attributed to the courts within the jurisdiction of MINIMA’s registered office.

The Customer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Proof of transaction

Computerised registers, kept in MINIMA’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.

Provisions relating to legal guarantees

Article L.217-4 of the French Consumer Code:
The seller shall deliver goods in conformity with the contract and shall be liable for any defects in conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L.217-5 of the French Consumer Code:
The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.

Article L.217-12 of the French Consumer Code:
Any action resulting from a lack of conformity shall be barred after two years from delivery of the goods.

Article L.217-16 of the French Consumer Code:
When the buyer asks the seller, during the term of the commercial guarantee granted to him when a movable item was purchased or repaired, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee still running.
This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if this is subsequent to the request for service.

Article 1641 of the Civil Code:
The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them.

Article 1648 of the Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.