Terms and Conditions

Preamble

These conditions of sale are concluded on the one hand by the company EIRL MINYADINA whose head office is located at 18-20 Rue Tronchet 69006 Lyon, registered with the Trade and Companies Register of Lyon under number 853 809 929, hereinafter referred to as “minyadina” and managing the site https://porcelainedefes.fr/ and, on the other hand, by any person wishing to make a purchase via the website https://porcelainedefes.fr/ referred to below “The buyer”.

Article 1: object

These conditions of sale aim to define the contractual relations MINYADINA and the purchaser and the conditions applicable to any purchase made through the website https://porcelainedefes.fr/. The acquisition of a product through this site implies unreserved acceptance by the purchaser of these conditions of sale, which the purchaser acknowledges having read prior to his order. Before any transaction, the buyer declares to have full legal capacity, allowing him to commit to these general conditions of sale.

MINYADINA retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.

Article 2. Products

The Products offered for sale by MINYADINA are those which appear on the Online Store at the time of consultation of the Online Store by the User.

MINYADINA presents the Products on the Online Store in accordance with Article L.111-1 of the French Consumer Code, which provides for the possibility for the User to know before the final order the characteristics of the Products he wishes to buy.

The Products offered comply with current French legislation and the standards applicable in France. The photographs illustrating the products presented are not contractual. Consequently, MINYADINA cannot be held responsible for any error or omission in one of the photographs of the Products.

Article 3. Prices

Price

The Products will be invoiced on the basis of the prices in effect at the time the order is placed.

The prices are indicated in euros all taxes included, excluding delivery costs and are valid for the different delivery zones and countries specified below.

The prices applied are those valid on the MINYADINA Site and confirmed to the User during the validation of the order.

Full payment must be made when ordering, except for a specific offer indicated on the Online Store. At no time may the sums paid be considered as a deposit or down payment. The prices indicated on the Online Store are guaranteed until the expiry date indicated, if applicable, in the offer.

The delivery costs are communicated to the User before the validation of the order and are expressed inclusive of all taxes. These costs are the responsibility of the User and are invoiced in addition to the sale price of the Products.

The transfer of risks, loss and deterioration of the Products will be made after delivery and receipt of the Products by the User.

MINYADINA reserves the right to modify its prices at any time but undertakes to apply the prices indicated on the Online Store at the time of the User’s order.

MINYADINA informs that in the event of an incorrect price being displayed, for whatever reason (computer bug, manual error, technical error.), The order – even validated by the Online Store – will be canceled, which the User will be informed as soon as possible. The User will then be able, if he wishes, to re-place his order at the corrected and exact price.

Shipping cost

Please see the Delivery Options page

Article 4. Registration and Confirmation of the Order

4.1. Navigating inside the Online Store

The User can learn about the different Products offered for sale by MINYADINA on the Online Store.

The User can browse freely on the different pages of the Online Store, without being committed to an order. The User can thus navigate on different Product pages and consult their essential characteristics, their availability, their price as well as the average delivery times offered and their costs.

At any time, the User can click on a contact us link which allows him to contact MINYADINA if necessary.

4.2. Order registration

The order shows: the nature, description, quantities, availability, price of the Products selected by the User, the shipping costs incurred (average delivery time and delivery cost) depending on the area concerned and the country of delivery and if applicable, the gift wrapping costs, as well as the total amount of the order including the shipping method selected and its cost.

The User is invited to enter:

(i) the data allowing its identification necessary for the execution of its purchase, if applicable;

(ii) the delivery method selected on the basis of the information provided by MINYADINA relating to the average shipping time and the related cost, as well as the packaging options offered;

(iii) the means of payment selected from among several means of payment offered and described by MINYADINA.

4.3 Verification of an order

Before validating his order, the User is asked to check all the information provided (Products, quantities, price including tax, costs and delivery method, billing address, delivery address, payment method).

At this stage, the User has the option of completing or canceling his basket.

The User is invited to consult the General Conditions of Sale of MINYADINA and more particularly to be aware of the terms of Withdrawal and Returns (see Articles 8 and 9 below).

4.4. Final confirmation of the order

After having selected and validated his payment and to validate his order, the User must confirm to MINYADINA that he has read and accepts the General Conditions of Sale by clicking on the box provided for this purpose on the one hand and click on “Confirm and pay for the order”.

The order is therefore registered and becomes irrevocable, subject to the actual payment relating thereto. The User becomes a Buyer. His order will be recorded in MINYADINA’s computer registers, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties.

4.5. Order confirmation

A summary of the contractual information will be sent to the Buyer by email without undue delay, to the email address indicated by the Buyer during the ordering process. This confirmation will include all the constituent elements of the contract entered into between the Parties.

MINYADINA recommends that the Purchaser keep on paper or on reliable computer support, the data relating to his order and the General Conditions of Sale in force at the time of the order, which will be subject to change. The applicable General Conditions of Sale will be those in force on the Online Store on the date of validation of the order.

The Purchaser must verify the completeness and conformity of the information that he provides to MINYADINA. The latter cannot be held responsible for any data entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred as detailed in article 7.4 for the reshipment will be borne by the Buyer.

Article 5. Proof of the transaction

The computerized registers, kept in computer systems in compliance with security conditions, will be considered as proof of communications and orders between the Parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

Article 6. Payment

The amount owed by the Buyer is the amount indicated on the order confirmation sent by email to the Buyer.

6.1. Orders

For all orders, MINYADINA accepts the following payment methods: CB, American Express, PayPal.

6.2. Before any order

MINYADINA reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited organizations or in the event of non-payment.

MINYADINA reserves the right to refuse any order or any delivery in the event of (i) an existing dispute attributable to the Purchaser, (ii) total or partial non-payment of a previous order attributable to the Purchaser, (iii) refusal of payment authorization by banking organizations. The consumer remains informed that MINYADINA cannot be held responsible for any embezzlement or fraudulent use of any means of payment which has not been detected. MINYADINA retains full and entire ownership of the Products sold until full collection of all sums due by the Purchaser in connection with his order, including costs and taxes.

The transfer of ownership of a Product purchased from MINYADINA by the Purchaser for the benefit of a third person, will not be supported by the company MINYADINA. Only the original Purchaser of this good can claim to have access to the provisions of the General Conditions of Sale and to be party to the contract of sale.

Article 7. Delivery

7.1 Delivery

Deliveries can be made to the zones and countries specified in article 3. Delivery will be made to the address indicated when the order is placed.

Delivery will take place within the deadlines indicated on the order confirmation that we will have sent you.The order will be delivered within a maximum of fourteen (14) working days from the day following that of the validation by the Buyer of his order ( excluding products on order), unless otherwise specified to the User. In the latter case, MINYADINA will inform the Purchaser of the new delivery deadline, which may if he wishes to cancel his order and be reimbursed.

Deliveries cannot be made on Sundays and public holidays. The Products sold by MINYADINA can be delivered, at the Buyer’s choice at the time of the order, according to several methods described on the Delivery Options page .

7.2 Product unavailable

The Products are offered within the limits of available stocks. Any unavailable product cannot be purchased.

In case of unavailability of one of the Products, the Buyer will be informed as soon as possible and before shipment. However, in the event of any anomalies / errors regarding the availability of the Products, the Purchaser may then request a refund. MINYADINA undertakes to reimburse the Purchaser at the latest within (60) days of payment. The unavailability of the Product can not engage the responsibility of MINYADINA, nor give rise to the right to damages for the Buyer.

7.3 late delivery

In the event of a delivery delay of more than three days from the date of the email indicating to the Buyer the shipment of the package, the Buyer must report this delay by email to the following email address: contact@porcelainedefes.fr

MINYADINA will then proceed to an investigation with the logistics provider. An investigation can last up to 21 working days (excluding Saturday, Sunday and public holidays) from the date of its opening. If during this period, the Product is found, it will be immediately forwarded to the delivery address indicated by the Buyer. If, on the other hand, the Product is not found at the end of the period of 21 working days of investigation, the package is considered lost. At the end of this period, MINYADINA will send you a replacement product, at its expense.

If the Product (s) ordered were no longer available at this time, MINYADINA undertakes to reimburse the Purchaser for the amount of the Products and delivery costs affected by the loss of the logistics provider.

7.4 Non-withdrawal of the package from the logistics provider

The Purchaser will be required to collect the package from the logistics service provider within the time limits set following the notification of the latter. If the package is not collected on time, the package will be returned to MINYADINA. The return of the Products to the Purchaser will then be carried out at his expense from the receipt by MINYADINA of payment by transfer of said costs.

7.5 Non-compliance and breakage

7.5.1 Incident upon receipt of the package:

Upon receipt of his order, the Purchaser will check the conformity of the Products received in the presence of the deliverer. In the event of an anomaly concerning the delivery (broken, chipped or absent product, damaged or missing packages) the Buyer must:

  • clearly notify reservations on the delivery slip, on the day of receipt, in the presence of the delivery person.
  • inform MINYADINA of the situation by email at  contact@porcelainedefes.fr
  • send a registered letter with acknowledgment of receipt within three days of delivery to the logistics provider and to MINYADINA.

Any complaint made after this deadline or without reservation on the delivery slip will be rejected and MINYADINA will be released from any liability.

MINYADINA reserves the right to ask the Purchaser to return the Product concerned in accordance with the “Return Product (s)” procedure defined in article 9.

If the aforementioned conditions are met, MINYADINA will then proceed either to the exchange or to the refund of the Product (s) concerned, or to the reshipment of the missing Product (subject to the merits of the request of the ‘Buyer).

7.5.2 Non-compliance of products with the order form:

The Purchaser must formulate to MINYADINA by email at the following address:  contact@porcelainedefes.fr , on the same day of delivery or at the latest on the first working day following delivery, any complaint of delivery error and / or non-conformity of products in kind compared to the indications on the order form. In the event of a return of the Product, the Purchaser must comply with the return procedures described in article 9 hereof.

7.6 Retention of title

In addition, it is specified that the ownership of the Products ordered will be transferred to the Purchaser only upon full payment of the invoiced price, and this includes delivery costs.

Article 8. Right of withdrawal

Withdrawal period :

The Buyer has a period of fourteen (14) calendar days to return without cause, at his expense, the Product (s) he has ordered. This period starts from the day following receipt of the Product by the buyer.

Withdrawal procedure  :

The Buyer shall inform MINYADINA of his decision to withdraw by sending him, at the latest before the expiry of the period referred to above,  the withdrawal form  or by any other declaration expressing his desire to withdraw, provided that it is void. ambiguity by email to  contact@porcelainedefes.fr

MINYADINA immediately sends the Buyer an acknowledgment of receipt of his withdrawal, a file number and a form to attach to the return package;

The Buyer returns the new Products in their original packaging with the MINYADINA printout, only by post without delay and within a maximum period of 14 days from his decision to withdraw, to the following address:

EIRL MINYADINA
18/20 rue Tronchet, 69006, Lyon

MINYADINA recommends that the Purchaser return their Products by Chronopost with additional insurance guaranteeing them, where applicable, compensation for the Products up to their actual market value in the event of theft or loss of this merchandise. MINYADINA also recommends that the Purchaser communicate to him the shipping notice of the carrier of the returned Product (s).

Refund conditions :

If the withdrawal procedure has been respected by the Purchaser, MINYADINA informs the Purchaser of receipt of the package and refunds the sums paid within a maximum period of fourteen (14) days from receipt of the returned Products or from, where applicable, the communication by the Purchaser of proof of shipment, the date selected being that of the first of these facts.

MINYADINA will reimburse the price of the returned Products, as well as the delivery costs (at the standard delivery rate regardless of the delivery method selected when ordering), with the exception of return costs which remain the responsibility of the Buyer. .

In case of withdrawal of part of the order, MINYADINA will not reimburse the shipping costs which are fixed for an order and not defined by article.

The refund will be made using the same means of payment as that selected by the Purchaser at the time of his initial purchase, except with the express agreement of the Purchaser and provided that this does not generate any additional costs for the Purchaser. The Buyer’s liability may be engaged in the event of depreciation of the Products resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of these goods, In this case, MINYADINA reserves the right to compensate for its damage resulting from such depreciation by applying a lump sum of 500 euros as a reduction of the amount reimbursed in application of the procedure described below.

Article 9. Return product (s)

The “Return Product (s)” procedure does not concern the exercise by the Purchaser of his right of withdrawal (see article 8). It concerns the assumptions of legal guarantees resulting either from the non-compliance of the Product (s) with the order (article 7.5) or hidden defects (article 10). It must be exercised within the prescribed time limits according to the following procedures:

  • The Buyer informs MINYADINA by email to  contact@porcelainedefes.fr  of his intention to return the Product (s);
  • MINYADINA sends back a file number and a printout to attach to the return package;
  • The Buyer returns the new Products in their original packaging with the MINYADINA printout, accompanied by an explanatory letter, only by post, to the following address:

EIRL MINYADINA
18/20 rue Tronchet, 69006, Lyon

  • MINYADINA informs the Buyer of the receipt of the package and proceeds to the refund or exchange.
  • MINYADINA reserves the right to ask the Buyer for photos or details before validating the return.

MINYADINA recommends that the Purchaser return their Products via Chronopost with additional insurance guaranteeing them, where applicable, compensation for the Products up to their actual market value in the event of theft or loss of this merchandise.

MINYADINA reserves the right to refuse receipt of a return that has not been notified to it or that does not follow the prior instructions. A return not respecting this procedure and for which the parcel (s) have been lost during transport cannot be considered by MINYADINA. No compensation or reimbursement can then be demanded by the Buyer in this respect.

Article 10. Data processing and Freedoms

Personal information

MINYADINA attaches great importance to the protection of personal data.

The provision of personal information collected in the context of distance selling is necessary for the purchase of products online, the processing and delivery of orders as well as for the establishment of delivery notes. The information collected is processed and stored in compliance with the Data Protection Act n ° 78-17 of 6 January 1978 as amended and the General Data Protection Regulations (RGPD) which entered into force on 25 May 2018.

The User may choose to receive offers, in particular commercial offers from MINYADINA. If he no longer wishes to receive these offers, he can make a request at any time by clicking on an electronic link available in the emails and newsletter for this purpose, and by contacting MINYADINA Customer Service directly at contact@porcelainedefes.fr

The User has the right to access, rectify, erase, portability and oppose personal data with MINYADINA which he can exercise by contacting: contact@porcelainedefes.fr or at EIRL MINYADINA 18-20 rue Tronchet 69006 Lyon

If you feel, after contacting the MINYADINA Consumer Service at contact@porcelainedefes.fr , that your IT and Freedoms rights have not been respected, you can file a complaint with the CNIL (for more information: www. cnil.fr).

For more information, we invite you to consult the Privacy Policy page

Article 11. Hypertext link

It is possible to create a link to the presentation page of this site without the express permission of the publisher. However, the publisher reserves the right to request the removal of a link that it considers inconsistent with the purpose of the site www.porcelainedefes.fr

Article 12. Miscellaneous provisions

12.1. Force majeure

Neither Party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. All irresistible facts or circumstances, external to the Parties, unforeseeable, unavoidable, beyond the control of the Parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as a fortuitous event or force majeure. The Party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware.

The Parties will then approach each other, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the General Conditions of Sale may be terminated by the injured Party.

Expressly, the following are considered in particular as cases of force majeure or fortuitous events, in addition to those usually retained by the case law of French courts and tribunals:

  • blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning;
  • the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the Purchaser.

12.2. Partial invalidity

If one or more stipulations of the General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their strength and reach.

12.3. Entire contract

The General Conditions of Sale and the order summary sent to the Purchaser form a contractual whole and constitute the entire contractual relationship between the Parties.

In case of contradiction between these documents, the General Conditions of Sale will prevail.

These may be modified at any time by MINYADINA. Any new version of the General Conditions of Sale will be made accessible and posted on the Online Store site.

All orders will be subject to the general conditions of sale in force at the time of the order.

12.4. Applicable law

These general conditions of sale and the contractual relations between MINYADINA and the Buyer are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action.

The Buyer is informed that in the event of failure of an amicable settlement with MINYADINA, he may, in accordance with articles L612-1 and following and R612-1 and following of the Consumer Code, submit free of charge by electronic or postal means, his dispute between MINYADINA and a mediator who will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

Article 13. Intellectual property

The general structure of the site www.porcelainedefes.fr, as well as the texts, graphics, images, sounds and videos composing it, are the property of the publisher. Any representation and / or reproduction and / or partial or total exploitation of the contents and services offered by this site, by any means whatsoever, without the prior written authorization of the publisher is strictly prohibited and could constitute a counterfeiting within the meaning of Articles L 335-2 et seq. of the French Intellectual Property Code.

The “minyadina” brand is a registered trademark with the National Institute of Industrial Property (INPI). Any representation and / or reproduction and / or partial or total exploitation of this brand and its logo, of any nature whatsoever, is totally prohibited.

It is possible to create a link to the presentation page of this site without the express permission of the publisher. However, the publisher reserves the right to request the removal of a link that it considers inconsistent with the purpose of the site www.porcelainedefes.fr

Article 14. Information – Complaints

For any information, complaint or question relating to the conditions of sale of MINYADINA, to the Site or to the Products themselves, the User must contact the Customer Service of the Site by email from the contact form, recalling if necessary its order number.