ARTICLE 1 - SCOPE OF APPLICATIONThe present General Conditions of Sale apply, without restriction or reserve, to all sales concluded by Bonneterie Le Minor, SAS with a capital of 152450€, RCS Lorient 322387192, located at 10 rue Nicolas Appert, ZI des 5 chemins, 56520 Guidel, VAT number FR02322387192
("the Seller") with consumers and non-professional buyers ("the Customers"), wishing to acquire the products proposed to the sale by the Seller ("the Products") on the website www.leminor.fr.
They specify in particular the conditions of order, payment, delivery and management of the possible returns of Products ordered by the Customers.
The Products offered for sale on the website LE MINOR are the following:
- Fashion clothing and accessories, knitted for men, women and children, inspired by the marine world, and made in Brittany in the Le Minor workshops in Guidel (Morbihan). The entire manufacturing process of the products sold on the LE MINOR website is carried out in our Breton workshops, from knitting to finishing.
The Client is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Client.
The photographs and graphics presented on the LE MINOR website are not contractual and do not engage the responsibility of the Vendor.
The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
Product offers are subject to availability, as specified when the order is placed.
The coordinates of the Seller are as follows:
Bonneterie Le Minor SAS
10 rue Nicolas Appert
ZI des 5 chemins
tél : 02 97 65 97 67
mail : firstname.lastname@example.org
The present General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable for sales in store or by means of other distribution and marketing circuits.
These General Terms and Conditions of Sale are accessible at any time on the LE MINOR website and will prevail, if necessary, over any other version or any other contradictory document.
The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure, as well as the general terms and conditions of use of the LE MINOR website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in effect on the website on the date the order is placed.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, reinforced and completed by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, of deletion and portability of all his personal data by writing, by mail and by proving his identity, to Bonneterie Le Minor SAS, 10 rue Nicolas Appert, ZI des 5 chemins, 56520 Guidel, or by simple request via the contact form.
The consultation and modification of the customer's personal data can be done directly and at any time from your personal space. Their modification or definitive deletion can be done by simple request in our contact form.
The validation of the order by the Customer implies acceptance without restriction or reserve of these General Conditions of Sale.
The Client acknowledges having the necessary capacity to contract and acquire the Products offered on the LE MINOR web site.
ARTICLE 2 - ORDERSIt is the responsibility of the Client to select the Products he/she wishes to order on the LE MINOR web site, according to the following procedure:
- Add the desired product(s) to your cart and proceed to payment (by credit card, Paypal, bank transfer or check) by providing an exact delivery address.
The offers of Products are valid as long as they are visible on the site, within the limit of available stocks.
The sale will be considered final only after the confirmation of the acceptance of the order by the Vendor is sent to the Customer by e-mail and after the Vendor has received the full price.
For orders placed exclusively on the Internet, the registration of an order on the Provider's website is completed when the Customer accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates his order. The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes proof of the sales contract.
It is therefore the responsibility of the Customer to verify the accuracy of the order and to immediately report any error.
Any order placed on the LE MINOR website constitutes the formation of a contract concluded at a distance between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
The Customer may follow the progress of his/her order on the LE MINOR website and will be informed by e-mail of the progress of the delivery.
ARTICLE 3 - PRICESThe Products are supplied at the prices in force on the LE MINOR website, at the time the order is registered by the Vendor. Prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account any discounts granted by the Vendor on the LE MINOR website.
These prices are firm and non-revisable during their period of validity, as indicated on the LE MINOR website, the Vendor reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transportation and delivery costs, which are invoiced in addition, under the conditions indicated on the LE MINOR website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Vendor and given to the Customer when the order is confirmed.
ARTICLE 4 - TERMS OF PAYMENTThe price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms and conditions:
- by credit cards: Visa, MasterCard, American Express, other credit cards
- by check, for any order equal or superior to 1 euro TTC
- by Paypal
- by bank transfer
- by payment in 3 times available between 150€ and 2.000€ via our partner Alma
The check is cashed upon receipt.
The payment data is exchanged in encrypted mode using the https protocol.
The security of the payments in 3 times is ensured by Alma and its providers. All payments are protected by 3D Secure. By paying in several installments with Alma, the Customer does not pay any fees. Alma is a tele-payment manager and delivers an electronic certificate that will be worth proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
The delay of payment will lead to the immediate payment of the totality of the sums due by the Customer, without prejudice to any other action that the Vendor would be entitled to take against the Customer.
Payments made by the Customer shall not be considered final until the Seller has actually received the amounts due.
In addition, the Seller reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of orders in progress made by the Customer.
The Customer shall not be charged any additional costs beyond those incurred by the Seller for the use of a payment method.
ARTICLE 5 - DELIVERIESThe Products ordered by the Customer will be shipped within 24 to 48 hours from the date of shipment of the order to the address indicated by the Customer when placing the order on the LE MINOR web site.
The delivery rates to France are as follows:
- By colissimo: 9.84€including VAT for a parcel up to 2kg, and 15.20€excluding VAT beyond.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are communicated as an indication. However, if the ordered Products were not delivered within 14 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2 L 216-3 L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.
In the event of a particular request by the Customer concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the Seller, the costs related to this will be subject to specific additional invoicing, upon prior written acceptance by the Customer.
The Vendor also offers free delivery in his stores, located at 5, rue du Sabot, 75006 Paris and 10 rue Nicolas Appert, ZI des 5 chemins, 56520 Guidel.
The Customer is required to check the condition of the delivered products. He/she has a period of 24 hours from the date of receipt to formulate by e-mail any reservations or claims for non-conformity or apparent defect of the delivered Products (for example, damaged package already opened...), with all the related documents (photos in particular). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
The Vendor shall refund or replace, as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in the present General Terms and Conditions of Sale (see warranties, in particular).
ARTICLE 6 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKSWhatever the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 7 - RIGHT OF WITHDRAWAL - EXCHANGESIn accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of receipt of the Product to exercise his or her right of withdrawal from the Vendor, without having to justify his or her reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days of the notification to the Vendor of the Customer's decision to withdraw.
The returns are to be made in their original state and complete (packaging, accessories, instructions...) allowing their return to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The right of withdrawal may be exercised online, by simple message via the contact form or by mail using the withdrawal form available on the LE MINOR website, in which case an acknowledgement of receipt on a durable medium shall be immediately communicated to the Customer by the Vendor, or any other unambiguous statement expressing the desire to withdraw.
In the event that the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the delivery costs shall be refunded.
In the case of a request for reimbursement of the entire order:
- the return costs remain at the customer's charge;
- the customer can ask for a refund or a credit note of the value of his purchase, to be used during one year on the site www.leminor.fr;
- the refund will be made within 14 days from the receipt by the Seller of the Products returned by the Customer under the conditions provided in this article.
- the expenses of returns are taken in chage by the salesman for metropolitan France, and remain with the load of the purchaser for the remainder of the world;
- The exchange (subject to availability) will be made within 14 days from the receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article;
- the customer can ask for a credit note of the amount of his order or of a part of his order, in guide of exchange.
ARTICLE 8 - SELLER'S LIABILITY - GUARANTEEThe Products sold on the LE MINOR website comply with the regulations in force in France.
The Products supplied by the Vendor are covered by a warranty, by right and without additional payment, independently of the right of retraction, in accordance with the legal provisions,
- the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
It is reminded that within the framework of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to act against the Seller.
The Customer may choose between repairing or replacing the Product ordered, subject to the cost conditions stipulated in Article L 217-9 of the French Consumer Code. The Buyer is exempted from proving the existence of a lack of conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months as of March 18, 2016, except for used goods.
The legal warranty of conformity applies independently of the commercial warranty that may possibly cover the Product. The Customer may decide to implement the warranty against hidden defects Product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 24 hours from the delivery of the Products or the existence of hidden defects within the above-mentioned periods and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.)
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and no later than 30 days following the Seller's finding of the non-conformity or hidden defect.
Refunds shall be made by crediting the Customer's bank account or by bank check sent to the Customer.
The responsibility of the Seller shall not be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in case of misuse, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
ARTICLE 9 - DATA PROCESSING AND FREEDOMPursuant to Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for the processing of the order and the preparation of invoices, in particular.
This data may be communicated to any of the Seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the LE MINOR website meets the legal requirements for the protection of personal data, with the information system used ensuring optimal protection of this data.
In accordance with national and European regulations in force, the Client has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right may be exercised under the conditions and according to the methods defined on the LE MINOR website, at any time, directly via its customer account.
If you do not create a customer account, your contact information is kept for the time required to process your order and is not used for any purpose other than billing.
Cookies: during navigation on LE MINOR, the collection of cookies is subject to the customer's acceptance. As long as the customer does not click on "I accept", no cookies are used.
ARTICLE 10 - INTELLECTUAL PROPERTYThe content of the LE MINOR website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
In addition, the Seller retains all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer) in order to provide the Services to the Customer. The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Vendor, which may be conditional upon a financial consideration.
ARTICLE 11 - UNFORESEEN CIRCUMSTANCESThese General Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code for all operations involving the Sale of Products by the Seller to the Customer. The Seller and the Customer hereby waive the right to avail themselves of the provisions of Article 1195 of the Civil Code and of the unforeseeable circumstances provided for therein, and undertake to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.
ARTICLE 12 - EXCEPTION OF NON-PERFORMANCEThe Parties declare that they expressly waive the right to avail themselves of the provisions of articles 1219 and 1220 of the Civil Code and the regime of the exception of non-performance which is provided for there.
Consequently, they agree to fully and completely execute the present contract even in the event of a breach by either party.
ARTICLE 13 - FORCE MAJEUREThe Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
The Party noting the event shall immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the Parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented Party shall notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive, the present contract will be purely and simply terminated according to the terms defined in the article "Termination of the contract".
ARTICLE 14 - TERMINATION OF THE CONTRACTProvisions common to all cases of termination:
In any case, the injured Party may request in court the award of damages.
ARTICLE 15 - APPLICABLE LAW - LANGUAGEThe present General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law.
The present General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 16 - DISPUTESAll disputes to which the operations of purchase and sale concluded in application of the present general conditions of sale could give place, concerning their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be solved between the salesman and the customer will be subjected to the competent courts under the conditions of common law.
The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L 612-1) or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
ARTICLE 17 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCEThe fact that a natural person (or legal entity) places an order on the LE MINOR web site implies full acceptance of the present General Terms and Conditions of Sale as well as the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who hereby waives the right to invoke any contradictory document that may be unenforceable against the Salesperson.
APPENDIX I - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer CodeThe seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging.
Article L217-5 of the Consumer Code
- Be fit for the purpose usually expected of a similar good and, where applicable: correspond to the description given by the seller and have the qualities that the latter has presented to the buyer in the form of a sample or model;
- To present the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.
Article L217-12 of the Consumer CodeThe action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the Consumer CodeWhen the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil CodeThe seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil CodeThe action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
ANNEX II - WITHDRAWAL FORMThis form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.leminor.fr except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
The paper form is not compulsory, the notification by simple email is enough to exercise the right of withdrawal.
To the attention of
Bonneterie Le Minor SAS
10 rue Nicolas Appert
ZI des 5 chemins
- Order from: ...........................................................................
- Order number: ...........................................................
- Customer's name: ...........................................................................
- Customer's address : .......................................................................