Terms of sale
Article 1 - Legal mention
This site, accessible to the URL mayecare.com is published by:
Miyé, simplified joint -stock company with capital of 11,001.40 euros, registered in the R.C.S.
of Antibes under number 881 528 467 whose head office is located at 334
Chemin des Indicas 06160 Antibes represented by Caroline de Blignières, duly
empowered,
The individual VAT number of the seller is: FR14881528467
The site is hosted by Kinsta located 222-22 boulevard Gustave Flaubert,
63000 Clermont-Ferrand, telephone: 0444446041.
Article 2 - General provisions relating to these General Conditions
The general conditions of sale (or “GTC”) are applicable exclusively
on online sale of the products offered by the Miyé company, below called the
“Seller”, the seller on the site mayecare.com, below called the “Site
Internet".
CGVs are made available to customers on the site where they are directly
Consultable and downloadable. They can also be communicated to him on
simple request by any means.
GTC are enforceable against the customer who recognizes, by checking a box or
clicking on the button provided for this purpose, being aware of it and having them
accepted before ordering. Validation of the order by its
confirmation is worth membership by the buyer to the GTC in force on the day of the
Order whose conservation and reproduction are provided by the seller.
Article 3 - Products description
The site is an online sales site for food and cosmetics supplements
(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 (established by the
supplier or accessible on the manufacturer's site by a link on the site)
mentioning their essential characteristics. The photographs illustrating, the case
Based on, the products do not constitute a contractual document. The notice
to use the product, if it is an essential element, appears on the site or is at most
late addressed to delivery. The products comply with the prescriptions of the law
French in force.
We remind all of our customers that miyé products are products
and well-being and can in no case be considered as
drugs in their composition, or in their form and presentation.
The seller cannot be held responsible for any disadvantages
occurring following use not in accordance with the advice focused on the product and
on its packaging.
The products marketed by the seller are manufactured in accordance with the
French regulations. For orders outside metropolitan France, it
It is therefore up to the buyer to learn from the local authority of his country
possible limitations for importing and using the products ordered.
The seller cannot be held responsible for the purchase of a product considered
as a non-compliance in a given country, while this product complies with
French regulations.
Expiration time: the expiration dates as well as the lots numbers are
indicated on the items that require it. Each batch being identified in the laboratory,
You can ask 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 his space
Personal customer. Once created, to access it, the customer must identify himself using
His identifier and her secret, personal and confidential password. It belongs to
Customer not to communicate his identifier and password.
Each client undertakes to maintain strict confidentiality on data, in
particular identifier and password, allowing him to access his customer area,
the customer acknowledging being solely responsible for access to the service through
His username and password, except proven fraud. Each client is committed
in addition to informing the seller without delay in the event of a loss, of a
diversion or fraudulent use of its identifier and/or password.
After the creation of his personal customer area, the customer will receive an email
confirming the creation of its customer area.
The customer is committed when registering at:
• deliver real, accurate information up to date at the time of their seizure in the
service registration form, and in particular not to use false names or
Addresses, or even names or addresses without being authorized.
• maintain registration data to permanently guarantee their
real, exact and up to date.
The customer also undertakes not to make available or distribute
illegal or reprehensible information (such as defamatory information or
constituent of identity theft) or harmful (such as viruses). In
The opposite case, the seller will be able to suspend or terminate the access of the
Customer at the site with his exclusive wrongs.
4.2. Access to the site:
The website is accessible from a computer, a smartphone or a
tablet, on the condition that the customer has an internet connection. All costs
Access to access, whether hardware, software or Internet access costs are
exclusively borne by the customer who is solely responsible for the proper operation
of his computer equipment as well as his internet access.
In order to access the site, the customer therefore declares to have a terminal
compatible with sufficient internet connection allowing the use of sound and
The video. The lack of use of this equipment by the user cannot engage
the seller's responsibility.
The site is in principle accessible 24 hours a day and 7 days a week.
However, the seller reserves the right, without notice or compensation, to close
temporarily or permanently the site and/or the platform in particular for
update, maintenance operations, changes or
changes on operational methods, servers and hours
accessibility, without this list being limiting.
Consequently, the seller is not responsible for damage of any kind
which may result from these changes and/or temporary unavailability or
still the final closure of all or part of the site.
It will also be up to the customer to ensure the possibilities of evolution of
IT and transmission at its disposal so that these means
May adapt to the developments of the site.
4.3. Specific risks linked to computer networks:
You declare that you know and accept the own, hazard and risks characteristics
linked to computer networks and telecommunications. In particular, in the
measure where the seller takes the necessary and proportionate measures, specific to
ensure the security and confidentiality of the treatments it implements and
data that it collects, in the state of the evolution of techniques, the seller does not
may be held responsible, in the following cases, without it being a
Limitative list:
- Interruption of networks, deadlines or delays in the delivery of messages
electronic or any other data;
- hardware or software failures;
- maliciousness, data theft, computer viruses, insufficient measures of
protection and backup;
- handling errors, misuse of hardware and software by the customer
;
- loss of data and/or transactions, activity interruptions or other loss of
pecuniary nature that would result;
- diverted or malicious use of data, texts, images or
information
- any case of force majeure, unpredictable event or all other causes
not depending on the deliberate will of the seller.
The seller cannot have responsibility for the services accessible by internet
and in particular for any damage, direct or indirect, whatever the
causes, origins, lifes or consequences, caused due to the access of
anyone at the site, or the impossibility of accessing it, using the site and /or
credit granted to any information coming directly or
indirectly from the latter.
Article 5 - Orders
5.1. Product availability
The seller strives to guarantee optimal availability of his products. THE
product offers are valid within the limits of available stocks.
If despite the best efforts of the seller, a product would be 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 quality and a price equivalent to that initially
ordered, or
• Reimbursement of the price of the product ordered at the latest in the thirty (30)
days of payment of the sums already paid.
It is agreed that apart from reimbursement of the price of the unavailable product, if
This option is requested by the Customer, the seller is not required to compensate
cancellation, unless the non -performance of the contract is personally attributable to it.
In the event of unavailability of gifts offered with your order, we can
Offer you another gift of nature and equivalent value.
5.2. Firm and final acceptance of general conditions
With the exception of any mention contrary appearing under these general conditions and
Without prejudice to the right of withdrawal provided for by the applicable law, orders for
Customer are firm and definitive.
When placing an order, the customer must select the products
chosen, add them to your basket, indicating the selected products and
desired quantities. The customer has the possibility of checking the details of his order
and its total price, and to return to the previous pages to possibly correct
The contents of his basket, before validating it.
The customer undertakes to read the general conditions of sale then in force before
to accept them and confirm the terms and possible delivery costs and
Prior withdrawal to payment of his order. By confirming his order,
The customer acknowledges having read these general conditions carefully and
recognizes that this confirmation leads to firm acceptance of the GTC and forms the
CONTRACT.
The general conditions applicable to the customer are those available on the date of
the order including a copy dated to date can be given to its request to
Customer, it is therefore specified that any modification of the general conditions which would be
carried out by the seller will not apply to any order occurring
previously.
5.3. Order confirmation and documents
Contractual information relating to the order (including in particular the number of
order) will be confirmed by e-mail in time and at
later at the time of delivery.
The seller strongly advises the customer to print and/or archive on a support
reliable and sustainable this order confirmation as proof. An invoice
digital is made available to the customer in the "My Account" space. THE
Seller also advises the customer to print and/or archive on a support
reliable and sustainable this invoice as proof.
Any email that will be sent to the Customer as part of an order will be at
The email address that the customer uses to identify in their customer area.
The information communicated by the Customer when placing the order
(in particular Name and Delivery address) engage it.
Thus, the responsibility due to the seller cannot in any way be
sought after in the event that an error when placing the order
would prevent or delay delivery/issuance. Contractual information
relating to the order (including in particular the order number) will be the subject of a
confirmation by e-mail in time useful and at the latest at the time of
delivery.
The seller strongly advises the customer to print and/or archive on a support
reliable and sustainable this order confirmation as proof. An invoice
digital is made available to the customer in the "My Account" space. THE
Seller also advises the customer to print and/or archive on a support
reliable and sustainable this invoice as proof.
The seller archives products for the sale of products in accordance with the legislation
applicable. By making a request to hello@miye.care, the seller will give the Le le le
Customer may obtain a copy of the contract subject to the request.
5.4. Refusal of an order by the seller
The seller reserves the right not to validate the customer's order for everything
legitimate reason, especially in the event that:
• The customer would not respect the general conditions in force during his
order ;
• Customer orders history shows that sums remain due under
previous orders;
• one of the previous orders of the customer is subject to a dispute during
treatment ;
• The customer did not respond to a request to confirm their order that the
Seller sent him.
5.5. Order modification
Any modification of order by the Customer after confirmation of his order
is subject to the seller's agreement.
5.6. Customer's legal capacity
The customer declares to have full legal capacity allowing him to engage in
title of these general conditions.
Registration is open to capable adults and minors provided that these
CI intervene under the supervision of the parent or tutor holding parental authority.
In no case is registration authorized on behalf of third parties unless you are
validly authorized to represent it (legal person for example). Registration
is strictly personal to each client.
In the event of a breach by the customer to one of the provisions of these
Seller reserves the right to terminate the account of the said customer without notice.
ARTICLE 6 - Payment and security modalites
The Customer expressly recognizes that any order made on the site is a
order with payment obligation, which requires payment of a price against
the supply of the ordered product.
In any event, the seller reserves the right to control the validity of the
Payment, before shipping the order, by all the necessary means.
The seller uses the Stripe online payment solution.
Orders can be paid using one of the modes of
following payment:
• Payment by bank card. Payment is made directly on servers
secure banking from the seller's bank, the customer's bank details
do not pass on the site. The banking contact details communicated during the
Payment are protected by an SSL (Secure Socket Layer) encryption process.
In this way, these contact details are not accessible to third parties.
• Payment via a 100% secure and encrypted paypal account.
The customer's order is registered and validated as soon as payment is accepted by
The bank.
The customer's account will be deducted from the amount corresponding only when the
data from the bank card used will have been verified and the debit will have been accepted
by the bank having issued the bank card.
The impossibility of debit the sums due will result in the immediate nullity of the
sale.
The bank card can in particular be refused if it has expired, if it
has reached the maximum amount of expenditure to which the customer is entitled or if the data
entries are incorrect.
Article 7 - Product price
The price of the products in force when ordering is indicated in euros all
Taxes included (TTC) excluding delivery and transport costs.
In the event of promotion, the seller undertakes to apply the promotional price to any
Order placed during the advertising period made for the promotion.
The price is payable in euros (€) exclusively. The price is due in full after
confirmation of the order. The prices offered include discounts and
Rondessings that the seller would be brought to grant.
Delivery costs may apply to the order placed by the Customer. These
costs are detailed in article 11 of these General Conditions.
When delivery or transport costs apply, they will be added to the price
products and indicated separately before the validation of the order by
The customer. The total amount due by the customer and his detail are indicated on the page
order confirmation.
Article 8 - Training of the contract
The contract between the seller and the customer is trained at the time of sending by the customer
confirmation of his order.
Customer attention is particularly drawn to the mode of acceptance of the
Order placed on the site. When the Customer placed his order he must
confirm it by the "double-click" technique, that is to say that after having
selected products added to the basket, the customer must control and possibly
correct the content of your basket (identification, quantity of selected products,
Price, terms and delivery costs) before validating it by clicking on "Validate the
command ”, then he admits accepting these GTCs before clicking on the
"order" button, finally he validates his order after having completed his
Banking contact details.
The "double click" is worth electronic signature and is equivalent to a signature
handwritten. It constitutes an irrevocable and unreserved acceptance of the order
by the customer.
Archiving of communications, order orders and invoices is ensured
by the seller on a reliable and lasting support so as to constitute a copy
faithful and durable. These communications, purchase orders and invoices can be
Products as proof of the contract. Unless otherwise proof, the data
recorded by the seller on the Internet or by phone constitute proof of
All transactions between the seller and his customers.
Article 9 - Placement of the order
To order, the customer must follow the indications below:
- You can access the products of your choice by going to their product sheet
dedicated, and enter the desired quantity. Then click on add to the basket. A
window then appears and you can choose to finalize your order or
Continue your purchases.
- You can also enter the reference of your
product in the appropriate box at the top of the page
At the beginning and at any time of the order process until its validation, you
can access your basket by clicking on the "My basket" icon at the top right
of each page.
From the start of the order or at any time of placing your
order, by clicking on my basket or by consulting the summary on the right
steps in the control tunnel, you can access information on the
amount of delivery costs, geographic area of delivery and any
Restrictions on order.
To find out the delivery costs, you can click on “Delivery costs”.
Step 1: My basket
You therefore arrive on the summary page of your order on
which is:
• The list of your basket products
• The gifts you are entitled to
• A field to enter your possible advantage code
• Delivery costs at your expense additional price of products
At this stage, you can continue your purchases by clicking
on "Continue my purchases" or take the next step by clicking on "
Validate my basket ”, in accordance with the principle of double-click.
Step 2: Identification
If you already have a customer account on the website, enter your
E-mail address and password. Information relating to your
identity as well as your contact details will be automatically integrated into your
order.
If you want to modify information, click "Modify".
If you don't have a customer account, create one in a few clicks. He
is compulsory to register to place an order. Your customer account you
Allows you to find your personal information without having to rely,
and modify them if necessary.
To take the next step, click on "Connect" (if you have
Already an account) or "create my account" (if you are a new customer).
Step 3: Delivery information: Geographic prices and zone
You have the possibility to choose between:
• Your usual address entered in your customer account
• Another address to choose from
This step also allows you to choose an billing address that
may be different from the delivery address and consult the amount of the
participation in shipping, packaging and processing costs of your
order.
To place the next step, click on "Validate my order".
Step 4: Payment method
At this step, you can choose to pay directly online by CB thanks
to a completely secure payment tool.
By clicking on "order", you agree to pay the amount of
your order and you will arrive directly on the bank's website to
Make your payment online.
Step 5: Confirmation of your order
Once your order is validated, you will receive a confirmation email from
your order. This email will summarize your identity, the detail of the products
purchased, the price to pay and the payment method chosen, the costs and the address of
delivery.
If you wish, the invoice can be downloaded in PDF format and a
history of your latest orders is available in the part "my
account ".
As a proof agreement, our registration systems of the
order show your identifiers and the elements you have
seized, date and content of the order, which you accept.
Your order is thus confirmed by our services, subject to the
posterior verification by our services of the command to
the offer presents at the time of the order and the lack of order
unpaid anterior.
You will also receive an email advising you from the shipment of your
order.
Subscriptions:
Subscription formulas are available on the site. By opting for a
or several subscriptions, the customer agrees to receive the products every 2
or 3 months (depending on the choice he has made) and to be debited in the price of
the subscription periodically.
The subscription is without obligation, the customer can suspend him from any
Moment directly via its customer account, on the dashboard.
The customer will receive several emails from the seller before the renewal of his
subscription to inform him of this renewal and allow him to
terminate before the date of renewal if he does not wish to receive at
new products concerned. If the customer does not terminate his subscription
Before its renewal, the possible return of the products concerned will be at the
Customer charge.
Article 10 - Reserve of ownership
The seller remains exclusive owner of the products ordered on the site until
Collection of the full price, 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, if necessary, in a member country of
The European Union, and for deliveries in these same geographic areas.
Delivery means the transfer to the customer of physical possession or control
product.
The seller can offer you different delivery or delivery methods
Depending on the nature of the product:
Home delivery with Colissimo;
The shipping costs are those specified during the finalization of the order and are
accepted by the validation of the order.
The seller begins, in accordance with the delivery deadline indicated on the site
For each of the products, to deliver the products within a maximum of thirty (30)
days after receipt of order.
Delivery times are announced in working days on the site during the
order. These deadlines include the preparation and shipping of the order as well as
that the deadline provided by the carrier.
The seller undertakes to send the products in accordance with the deadlines announced
on each product sheet and at the basket level, provided that the payment of the
order was not previously refused.
However, if one or more products could not be delivered within the
Initially announced, the seller will send an email indicating to the customer the new
delivery date.
If the maximum period could not be held, the customer would then have the right to terminate his
order, at no cost, under the conditions of articles L216-1 and following of the code
consumption, by registered letter with request for acknowledgment of receipt or
by writing on a lasting medium, if, after having enjoined the seller, according to the
same terms, to make delivery within a reasonable additional time,
The seller would not have executed himself within this period. The contract will be considered
as resolved at the reception of the writing informing the seller of this resolution, to
Less than the order has not been delivered in the meantime.
In the event of a resolution, the seller will reimburse the customer all the sums
paid, no later than fourteen days of the date on which the contract
been denounced, under legal conditions.
On delivery, it may be requested to sign a reception voucher.
No delivery will be made in a post box.
11.2. Delivery and complaint
The customer has the obligation to take delivery of the products.
On delivery, it is up to the customer to verify that the products delivered comply
upon its order and the package is sealed and not damaged. If not,
The customer must imperatively indicate it on the delivery slip. None
complaint on the quantity or state of the product will not be accepted if the complaint has not
Not been worn on the delivery slip.
The transfer of risks linked to the transport of products (loss, theft, deterioration ...)
intervenes when the customer physically takes possession of the products.
11.3 Amount of delivery costs
| FRANCE | ||||
| At home(Colissimo) | 2 to 4 working days | 5,90 € | ||
| Relay point (Mondial Relais) | 3 to 5 working days | Offered from € 65 of purchases | ||
| EUROPE | ||||
| Zone 1- Cyprus, Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Czech Republic, Slovakia, Slovenia, Sweden | ||||
| At home(Colissimo) | 3 to 5 working days | 11 € | Available from 150 € of purchases | |
| Zone 2- Switzerland, Iceland, Morocco, Algeria, Tunisia, Finland, Norway, Turkey, San Marin, Liechtenstein, Andorra, Vatican, Spanish and Portuguese Islands, United Kingdom | ||||
| At home(Colissimo) | 3 to 5 working days | 14 € | Available from 150 € of purchases | |
| Dom Tom | ||||
| Reunion, Mayotte, Guadeloupe, Martinique, Saint Barthélémy, Saint Pierre and Miquelon, Saint Martin (French part), New Caledonia, French Polynesia, Wallis and Futuna, Guyana Française | ||||
| At home(Colissimo Access) | 6 to 12 working days | 20,90 € | Available from € 200 purchases | |
| Rest of the world | ||||
| At home(Colissimo) | 6 to 12 working days | 25,90 € | Available from € 200 purchases | |
| CANADA At home (Colissimo International) |
6 to 12 working days | 38,90$ CA | Available from 242$ CA purchases | |
| USA At home (Colissimo International) |
6 to 12 working days | 35$ US | Available from 174$ USD purchases | |
Article 12 - Right of withdrawal
mail or hello@miye.care.
Customer by e-mail.
expressly renouncing his right of withdrawal.
expressly having been informed of the withdrawal methods.
Article 13 - Customer Service
The customer can contact the seller by email by addressing hello@miye.care in
indicating his name, telephone number, subject to his request and the number of the
Order concerned.
Customer service is available from 9 a.m. to 5 p.m. Monday to Friday.
Article 14 - Intellectual Property and License of Use of the Site
Miyé is a registered and protected brand.
All rights to the seller's marks and distinctive signs, and
intellectual property rights on products, product names and
the architecture of the site as much as the elements and documents displayed on the site
mayecare.com accessible via your computer and/or smartphone, taken
together or separately, are the property of the Société Miyé whose headquarters
social is located 334 chemin des Indicas 06160 antibes or entities
concerned.
All content of the seller's documents are covered by law
author. These content cannot be reproduced freely without demand
prerequisite and without the indication of the source in accordance with the conditions
provided for in article L 122-4 of the intellectual property code.
The seller is the sole holder of all the elements present on the site, in particular and
Without limitation, all texts, files, animated images or not, photographs, videos,
logos, drawings, models, software, brands, visual identity, database,
site structure and all other intellectual property and other elements
data or information (hereinafter, the "elements") which are protected by laws and
French and international regulations relating in particular to intellectual property.
No license is conceded or no other right than that of consulting the site.
Any reproduction of brands, distinctive signs, products and generally of all
Documents published on the Site is prohibited.
By way, the reproduction of any document published on the site is only
authorized for exclusive information for personal and private use, all
reproduction and any use of copies made for other purposes being
expressly prohibited.
Any reproduction or other use without the agreement of the constitutive vendeur of
counterfeiting and will be prosecuted and sanctioned in accordance with the title of the property
Intellectual.
Consequently, none of the elements of the site can in all or part be
modified, reproduced, copied, duplicate, sold, sold, transmitted, published, press release,
distributed, distributed, represented, stored, used, rented or exploited in any other way,
free of charge, by a customer or a third party, regardless of the means
and/or the supports used, whether known or unknown to date, without
the prior written and written authorization of the seller on a case -by -case basis, and the Customer is
solely responsible for any use and/or operations unauthorized.
The seller reserves the right to seize all the ways of law against
people who would not have complied with the prohibitions contained in this
article.
Article 15 - Responsibility and guarantee
15.1. Limitation of responsibility:
The products offered for sale on the site comply with the legislation
French in force and applicable standards in the European Union. THE
seller guarantees that products comply with regulatory requirements in
safety and traceability.
It is up to the customer residing outside France to check the compliance of the products
to the local laws of his country of residence before ordering them.
It is also up to the customer to check, before any order, that the
products ordered are adapted to its specific needs and that it does not
presents no medical contraindication to their use.
In addition, the seller's responsibility cannot be engaged for all
forms of damage caused by an unfit use of products, which
must be used by the customer in accordance with their function.
The seller cannot be held responsible for imported information,
stored and/or published on the site by customers. The seller cannot be held
responsible for any information published by a customer on the site and
direct or indirect damage that this use could cause a third party, the
Customer originally the publication remaining solely responsible for this reason.
The customer acknowledges that the characteristics and constraints of the Internet do not
not guarantee the safety, availability and integrity of transmissions
data on the Internet. Thus, the seller does not guarantee that the site and its services
will operate without interruption or operating error. In particular, their
exploitation may be temporarily interrupted due to maintenance,
updates or technical improvements, or to develop the content
and/or their presentation.
15.2. Legal guarantees:
Regardless of any additional contractual guarantee (guarantee
commercial) which could be granted, the products benefit from the guarantee
legal compliance provided for in articles L. 217-4 and following of the code of
consumption (notably L. 217-4 to L. 217-14 of the consumer code), and
of the guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
1) When you act as part of the legal guarantee of conformity:
● You benefit from a period of two (2) years from the issuance of the property
to act;
● In accordance with the presumption of priority of defects, you are exempt
to report proof of the existence of the lack of conformity of the property
time of sale during the twenty-four (24) months following the issuance of the
Good (except used goods);
● You can choose between repairing or replacing the property, under
reserve of the cost conditions provided for in article L. 217-9 of the code of
consumption.
2) You can decide to implement the warranty against defects
Hidden from the thing sold within the meaning of article 1641 of the Civil Code. In
this hypothesis, you can choose between the resolution of the sale or a
Reduction of the sale price in accordance with article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the code
consumption, article 1641, 1644 and the first paragraph of article 1648 of
Civil Code, such as in force on the date of these General Conditions:
Art. L.217-4 of the Consumer Code:
"The seller delivers good to the contract and responds to defects of
compliance existing during deliverance. He also responds to defects of
conformity resulting from the packaging, mounting instructions or
the installation when it was charged by the contract or was carried out
under his responsibility. »»
Art. L.217-5 of the Consumer Code:
"The property is in accordance with the contract:
1 ° If it is specific to the usually expected use of a similar property and the case
Based on:
- if it corresponds to the description given by the seller and has the qualities
that he presented to the buyer in the form of a sample or model;
- if he presents the qualities that a buyer can legitimately wait for the
public declarations made by the seller, by the producer or by his
representative, especially in advertising or labeling;
2 ° or if it presents the characteristics defined by mutual agreement by the
parties or is specific to any special use sought by the buyer, brought to the
knowledge of the seller and that the latter accepted. »»
Art. L.217-7 of the Consumer Code:
"The defects of conformity which appear within twenty-four months to
from the issuance of the property, including property with elements
digital, unless proven otherwise, presumed to exist at the time of
deliverance, unless this presumption is incompatible with the nature of
well or the defect invoked. »»
Art. L.217-9 of the Consumer Code:
"In the event of a lack of conformity, the buyer chooses between the repair and the
replacement of the property. However, the seller may not proceed according to the choice
of the buyer if this choice results in a manifestly disproportionate cost to the gaze
From the other modality, given the value of the property or the importance of the defect.
It is then required to proceed, except impossibility, according to the modality not chosen by
the buyer. "
Art. L.217-12 of the Consumer Code:
"The action resulting from the lack of compliance is prescribed by two years from
The delivery of the property. »»
Art. 1641 of the Civil Code:
"The seller is held from the guarantee due to the hidden defects of the thing
sold which make it unfit for the use to which it is intended, or which decrease
So this use, that the buyer would not have acquired it, or would have given it
that a lower price, if he had known them. »»
Art. 1644 of the Civil Code:
"In the case of articles 1641 and 1643, the buyer has the choice to return the thing and
to be returned the price, or to keep it and to have a part
price. »»
Art. 1648 paragraph 1 of the Civil Code:
"The action resulting from crumbling defects must be brought by the buyer in
A period of two years from the discovery of the vice. »»
It is recalled that the search for amicable solutions prior to a possible
legal action does not interrupt the acts of action of legal guarantees or the duration
any possible contractual guarantee.
Article 16 - force majeure
The seller cannot be held responsible for total non-execution or
partial of its obligations, if this non-execution is due to a fortuitous case or
occurrence of an element constituting force majeure within the meaning of article 1218 of the
Civil Code.
Such an event constitutes a cause of suspension and/or extinction of
Seller's obligations to the customer, without compensation for the benefit of the customer.
In the event that this suspension of the execution of the seller's obligations continues
beyond a period of fifteen (15) days from the notification by the seller at
Customer of this suspension, the customer will then have the possibility of terminating the order
in progress and reimbursement will then be reimbursed by the seller, in
Fourteen (14) days of termination, by credit on his bank account.
Article 17 - Personal data
As part of the conclusion and execution of these conditions
General, and in order to provide you with its services, personalized information and
practical advice, the seller is led to collect data of a nature
staff.
In accordance with the European regulations relating to data protection
Personal (“GDPR”), it is recalled that the personal data collected
with the customer are necessary for his identification, to the treatment of his
order, if necessary to maintain its subscription and to the establishment of
invoices. Personal data must be provided by
Customers are identified by an asterisk.
The user is invited to consult and accept the privacy policy taking over
All the information to be communicated to the persons concerned
in accordance with the GDPR. You can at any time consult the policy of
confidentiality on the site.
It is recalled that the persons concerned have on personal data
concerning them of a right of access, rectification, erasure, limitation,
portability, and opposition and can revoke their consent to
treatments carried out by the seller. The persons concerned will be likely
to assert their rights directly with the seller, who undertakes to do it
right within the regulatory deadlines, writing to the following address:
hello@miye.care
Article 18 - Client's responsibility and commitments when
Site use
18.1. Content published by customers:
The seller cannot be held responsible for the use that would be made
of the site and its services by customers in violation of these
General conditions and direct or indirect damage that this
use could cause a client or a third party. In particular, the seller
cannot be held responsible for false declarations made by a
Client and his behavior vis-à-vis third parties. In the event that the
liability of the seller would be sought because of such behavior
of one of its customers, the latter undertakes to guarantee the seller against any
conviction pronounced against him as well as to reimburse the seller of
All costs, including lawyers, incurred for its
defense.
The customer is solely responsible for all the content he puts online
on the site, which he expressly declares to have all rights, and
guarantees the seller that he does not put online content violating
third -party rights, in particular intellectual property, or constituting an attack
to people (notably defamation, insults, insults, etc.), to respect the
privacy, an attack on public order and good mores (in particular,
Apology of crimes against humanity, incentive to racial hatred,
childish pornography, etc.). In the event of involvement of the laws in force,
good customs or these general conditions, the seller can
automatically exclude customers who have been guilty of such
Infractions and delete information and referrals to this disputed content.
18.2. Customer reviews
Customers have the possibility, via the Trustpilot service provider, of
Leave opinions on products. Customers undertake to respect the rules
public and to be measured when writing and publication
reviews or comments on the site. The latter are also committed to
Leave opinions only on the products purchased.
The seller does not make any moderation prior to the publication of opinions
Customers.
By these general conditions, the customer undertakes:
● Do not infringe privacy, image or reputation
of others;
● Do not collect, record, publish or disclose data
personal without authorization;
● Do not disclose confidential information without authorization;
● Do not accredit content which he knows or thinks to be misleading,
Inaccurate or manipulated to deceive;
● Do not do anything or say that can affect the dignity of the person
human in particular by publishing removal remarks,
Sexist, violent, offensive, malicious, threatening, harassing, provocative,
Land, defamatory, discriminatory, racist, xenophobic,
homophobic, revisionist, negationist, sectarian, pornographic,
child pornographic, encouraging the commission of an offense or a crime,
contrary to good mores and, in general, words
contrary to public order or the regulations in force.
Any site user can report a publication, a message, a
comment or a profile that he considers contrary to these conditions
General by sending an email to hello@miye.care.
The seller will carry out a control of the reported elements and may, the case
Deleting without notice within a reasonable period of the elements
reported non-conformity to the general conditions. In such hypotheses, the
Seller may suspend, delete a customer account, engage the
customer responsibility and request any request in compensation for a
damage suffered before all competent jurisdictions.
18.3. Hypertext links:
The hypertext links available on the site can refer to third -party sites
Not published by the seller. They are provided only for customer convenience,
In order to facilitate the use of available resources on the Internet. If the customer
Use these links, he will leave the site and then accept to use third -party sites to his
risks and perils or if necessary in accordance with the conditions which govern them.
The customer acknowledges that the seller does not control or contribute in any way to
the development of the conditions of use and/or the content applying to or appearing
on these third -party sites.
Consequently, the seller cannot be held responsible in any way that
It is because of these hypertext links.
In addition, the customer acknowledges that the seller cannot endorse, guarantee or
take up all or part of the conditions of use and/or content on your own account
of these third -party sites.
The site can also contain promotional hypertext links and/or headbands
Advertising referring to third -party sites not published by the seller.
The seller invites the customer to point out to him any hypertext link on the site which
would allow access to a third -party site offering content contrary to laws and/or
To good mores.
The customer cannot use and/or insert a hyperlink
Without the written and prior written agreement of the seller on a case -by -case basis.
18.4. Seller hosting quality
The seller is qualified as a host with regard to the content posted by third parties.
As such, it is recalled that the seller has no general obligation to
Content monitoring transmitted or stored via the site. In the event that the
responsibility of the seller would be sought at the rate of content posted by
the customer, the latter undertakes to guarantee the seller against any conviction
pronounced against him as well as to reimburse the seller of all costs,
In particular lawyers, committed to his defense.
Any site user can report a publication, a message, a comment
or a profile he considers contrary to these general conditions, by writing
At hello@miye.care. The seller will then carry out an elements control
reported and may, if necessary, delete without notice within a reasonable time
Any content which would be not in accordance with these general conditions.
Article 19 - General provision
19.1. Integrality of the parties' agreement
These general conditions constitute a contract governing relations
Between the customer and the seller. They constitute all the rights and obligations of
the company and the seller relating to their object. If one or more stipulations of
these General Conditions were declared zero in application of a law,
of a regulation or following a final decision of a competent court,
The other stipulations will keep all their strength and their scope. In addition, the fact for
one of the parties to these General Conditions not to take advantage of a
breach of the other party to any of the provisions of these
General conditions cannot be interpreted as a waiver from him
take advantage of such a breach. £
19.2. General conditions changes
The seller reserves the right to modify the content at any time and without notice
site or services available to it, and/or cease
temporary or permanent to operate all or part of the site.
In addition, the seller reserves the right to modify at any time and without notice
Location of the site on the Internet, as well as these General Conditions. THE
Customer is therefore required to refer to these conditions
General before any use of the site.
19.3. Applicable law and dispute resolution
These general conditions are governed, interpreted and applied
in accordance with French law.
In the event of a dispute, you must primarily contact customer service to
The company with the following contact details: hello@miye.care.
The seller undertakes to respond as soon as possible to any customer who would have
brought a complaint concerning these general conditions and to make its
Best efforts to resolve any dispute amicably.
In the event of unresolved dispute with customer service, the customer can use free
to the following mediator: CMAP - Center of
Paris mediation and arbitration on 01 44 95 11 40, or via the platform
European online dispute settlement: https://ec.europa.eu/consumers/odr/.
In the event of mediation failure, the dispute between the customer and the seller will be subject
to the competent French courts.
19.4. Offers and prices
Offers (promotions, gifts, shipping costs) offered on the Miyé site can
be exclusive and different from the offers offered in catalogs, mailings
promotional and announcements in the Miyé press, which may not
Be available on the website computer or mobile version.
Offers and prices are subject to variations during the year, being good
understood that the products ordered are invoiced at the prices in force (that is to say
Displayed on the site) at the time of placing the order by the buyer.
Promotional offers are valid as long as they are displayed on the site,
during the validity period they mention and within the limits of stocks
Available.
19.5. Invalidation
If any clause of these General Conditions was declared zero,
It would be deemed unwritten but would not lead to the nullity of the training and the
nullity of the other clauses of the general conditions.
19.6. Non-renunciation
Not claiming the application of one of the conditions of the conditions
General or acquiesce in its non -performance, permanently or
temporary, cannot be interpreted as a waiver of this right.
Withdrawal form: