PREAMBLE
This site is operated by the MEMINIS company, having its registered office at – 38 cours Aristide Briand – 69300 Caluire, France – FRANCE (France) and registered with the Lyon Trade and Companies Register under number 752210526.
The present general sales conditions apply to all orders placed with the company MEMINIS for all articles and services offered on the website www.MEMINIS.COM by non-trading individuals. Consequently, the fact for any person to order a product offered for sale on the MEMINIS website implies full and complete acceptance of the present general sales conditions, which the Client acknowledges having read prior to his order.
MEMINIS reserves the right to modify the present general conditions of sale at any time. Nevertheless, the General Sales Conditions applicable to the order placed by a Client on the MEMINIS Site are those accepted by the Client at the time of placing the order.
ARTICLE 1: COMPLETENESS
The present General Conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation the entirety of the provisions set forth in these General Terms and Conditions of Sale. For its part, MEMINIS undertakes to respect its role as a reseller within the framework of the said conditions.
ARTICLE 2: PURPOSE
The purpose of the present General Conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and services proposed by MEMINIS to the Client, from the order to the delivery, through payment and the use of services made available by MEMINIS.
ARTICLE 3: SCOPE OF APPLICATION
The present General Terms and Conditions govern the sale of the products on the day the customer places an order. They apply to all modes of placing orders proposed by MEMINIS.
ARTICLE 4: ORDER
ABILITY TO CONTRACT
Any Client of the company MEMINIS declares to have the capacity to contract under the conditions described below, i.e. to be an emancipated minor or to be of legal majority and not to be protected in the sense of article 488 of the Civil Code.
MEMINIS reserves the right to refuse any Order from a Customer with whom a dispute exists or appears during the processing of an Order, in particular a payment dispute.
ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
These Terms and Conditions can be read directly on the www.MEMINIS.COM website. On simple request of the Customer, they can also be sent by e-mail.
The fact that the Customer ticks the box “I accept the general terms and conditions of sale”, before proceeding to secure payment, constitutes an irrevocable acceptance which can only be challenged in the cases restrictively provided for in these general terms and conditions of sale under the paragraph “right of withdrawal”. By this act, the Customer acknowledges having read and understood the present Terms and Conditions and accepts them.
The purchase by telephone also implies the acceptance of the present Conditions which he acknowledges having previously read, understood and accepted in the above-mentioned conditions.
PLACING AN ORDER
The individual Client can place his order with MEMINIS by internet 24 hours a day, 7 days a week.
The ordering process consists of 6 successive steps. Once the selection of products has been made, and the basket validated, the Customer must
: – clearly identify the selected products with the options of colors, sizes, … indicated on the website www.MEMINIS.COM;
– indicate the quantities requested;
– identify himself/herself by mentioning all the information usually requested for an online registration; –
clearly indicate the information necessary for delivery. This concerns in particular the precise delivery address as well as possible restrictions of accessibility of the place of delivery (building, floor, digicode, etc.);
– indicate the chosen method of delivery;
– finally, indicate the chosen method of payment.
Once the method of payment has been selected, the Customer must proceed to the payment of his order on the secure interface, which will formalize in a firm and definitive manner the sales contract binding him to MEMINIS.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In all cases, the online provision of the credit card number and the final validation of the order by the Client will be considered as proof of the order and the payment of the sums for the products selected in the order. This validation is worth signature and acceptance of all operations carried out on the site www.meminis.com
ORDER CONFIRMATION
An e-mail is automatically sent to the Customer in order to confirm the order taking provided that the e-mail address indicated in the registration form does not contain any error.
The Client must verify the completeness and conformity of the information he provides to MEMINIS. MEMINIS cannot be held responsible for possible data entry errors and the consequences in terms of delay or delivery errors. In this context, all expenses incurred for the reshipment will be at the expense of the Client.
FOLLOW-UP OF THE ORDER
The Customer may at any time contact MEMINIS’ customer service department in order to be informed of the follow-up of his order. The delivery follow-up is carried out by interfacing with the carriers’ Internet follow-up means. MEMINIS cannot therefore be held responsible for unavailability or errors that may affect the information provided by its carriers. Nevertheless, MEMINIS makes every effort to make this information as clear as possible and to make transport with its carriers as reliable as possible.
PROOF OF ORDER
The computerized registers, kept in the computer systems of the company MEMINIS under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.
ARTICLE 5: PRODUCT INFORMATION
PRODUCT CHARACTERISTICS
The information, characteristics, photographs and graphics presented on the sites or in the emails sent by MEMINIS are presented with the greatest possible accuracy. Each Product sheet presents the essential characteristics of the Product selected in accordance with Article L.111-1 of the French Consumer Code. This information is intended, without being exhaustive, to inform the Customer as fully as possible about the essential characteristics of the Products. The Customer is informed, subject to his rights, of the possibility of a difference in presentation on Delivery resulting from a change in packaging (photography and illustrations), this difference not affecting in any way the content and characteristics of the Product.
PRODUCT AVAILABILITY
MEMINIS undertakes to fulfill orders received only within the limit of available product stocks. In the absence of availability of the Product(s), MEMINIS undertakes to inform the Customer as soon as possible. MEMINIS reserves the right to modify the assortment of products according to the constraints imposed by its suppliers.
Availability may vary within the same day depending on the level of sales. MEMINIS updates availability very frequently. In case of unavailability of products, MEMINIS will notify the Customer by phone or by email.
The unavailability of a product is mentioned on the page of the concerned product and in the summary of the basket. Thus, the Products may appear with a mention of the shipping time, such as “in stock”, “out of stock” or “in process of being supplied”…
If MEMINIS cannot obtain a product ordered, the company will notify the Customer of the expected delay by email. The latter may then request reimbursement of the sums paid within 14 days at the latest of their payment, either the exchange of the unavailable product for another product, or the cancellation of the order. No cancellation penalty will be applied for such an order cancellation. No cancellation indemnity (other than full reimbursement of the Order) may also be requested, such unavailability resulting from the delay in updating these unavailabilitiesMEMINIS may not be
held liable for non-performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flood, fire.
ARTICLE 6: PRICES
The prices are indicated in euros, including all taxes, and are only applicable on the date of the order validation sending by the Customer.
Since MEMINIS’ suppliers’ prices are constantly changing, the prices displayed on the site are subject to change at any time.
The prices do not take into account delivery charges, gift wrapping costs, possible promotional offers and personal reductions, indicated before the final validation of the order.
However, prices cannot be modified once the Customer’s order has been placed. Likewise, if one or more taxes or contributions, particularly environmental taxes, were to be created or modified, whether upwards or downwards, this change may be passed on to the selling price of the items on the www.MEMINIS.COM website.
The Customer is also responsible for verifying the possibilities of importing the products ordered with regard to the law of the country of delivery. We recommend contacting the Customs Department for more information.
ARTICLE 7: PAYMENT
MEANS OF PAYMENT
The Customer may pay for his order online by credit card (Carte Bleue, Visa, Eurocard-Mastercard, American Express and E-card) and by Paypal. The Customer guarantees MEMINIS that he has the necessary authorizations to use the method of payment chosen by him when validating the order form. The debit of purchases to the customer’s account is made at the time of processing the order.
MEMINIS implements all necessary means to ensure the security and confidentiality of the data transmitted online. To this end, the site uses a secure method of payment SSL (Secure Socket Layer) which allows the encryption of your bank details during their transmission on the network. You can see that the transmission is encrypted by a software program as soon as the padlock symbol appears in your browser.
The company MEMINIS reserves the right to suspend any order management and any delivery in case of refusal to authorize payment by credit card by the officially accredited organizations or in case of non-payment. The company MEMINIS reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.
Within the framework of an order verification procedure intended to ensure that no one uses the bank details of another person without his/her knowledge, the Client may be asked to send MEMINIS a copy of an identity document and proof of address by e-mail. The order will be validated only after reception and verification by our services of the documents sent. If these documents are not received within 15 days following the placing of the order, the order will be deemed cancelled by right.
INVOICING
The order form that the Client draws up online or the order confirmation sent by email to the Client by MEMINIS does not serve as an invoice. The invoice is not attached to the package, but you may request it from the customer service
INFO@MEMINIS.COM
MEMINIS keeps an electronic copy of each invoice.
TRANSFER OF OWNERSHIP
MEMINIS remains the owner of the Products delivered until their complete payment by the Client. The above provisions do not prevent, upon delivery of the Products, the transfer to the Client of the risks of loss or deterioration of the Products subject to retention of title, as well as the damages they may cause.
ARTICLE 8: DELIVERY
DELIVERY ZONES
The geographical area of delivery of the MEMINIS store offer is as follows:
– France and DOM-TOM : Metropolitan France, Corsica, Guadeloupe, Guyana, Martinique, Monaco, New Caledonia, French Polynesia, Saint Barthélemy, Saint Martin- Europe : Andorra, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Guernsey, Hungary, Canary Islands, Ireland, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom – World: Argentina, Australia, Bahrain, Brazil, Canada, China, South Korea, Israel, Japan, Lebanon, New Zealand, Reunion Island, Singapore, Taiwan, Turkey and USA
The Customer may contact MEMINIS’ customer service department for more information on delivery conditions to a specific country in the world.
Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs fees in the country of destination. These costs and related formalities are the responsibility of the customer/consignee. They are to be paid directly to the carrier at the time of delivery.
The customer is also responsible for checking the import possibilities of the products ordered with regard to the law of the country of delivery. We recommend to contact the Customs Service for more information.
DELIVERY SERVICES
The products are delivered to the address indicated by the Customer on the order form. The Client must verify the completeness and conformity of the information he provides to MEMINIS. MEMINIS shall not be held responsible for any data entry errors and the consequences in terms of late or incorrect delivery. In this context, all expenses incurred for the reshipment of the order will be entirely at the expense of the Client.
MEMINIS shall not be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike by postal services and means of transport and/or communications).
SHIPPING TIMES
Orders placed online via the www.MEMINIS.COM website are collected every day from Monday to Friday, except on public holidays. MEMINIS does its utmost to process and ship the same day any order placed before 11:00 am, however the processing and preparation time of an order can be extended depending on the items and last between 1 and 2 working days. Upon receipt of the shipping confirmation email, the Customer can take into account the carrier delays announced below.
MEMINIS informs its Clients that these shipping times do not include Saturdays, Sundays and public holidays.
In the case of an order that includes one or more unavailable products as well as one or more available products, MEMINIS will ship the order upon receipt of all the products that make up the order. If the Customer wishes to receive the immediately available products as soon as possible, he is advised to isolate these items in a specific separate order.
An e-mail is automatically sent to the Customer when the Products are shipped, provided that the e-mail address indicated in the registration form does not contain any errors.
TRANSPORT TIMES
Transport times depend on the carrier chosen by the Customer and the place of delivery.
MEMINIS informs the Clients, for information purposes only, of the delivery times announced to it by the chosen carrier. Shipping costs are calculated according to the country of delivery at the time of the shopping cart and are definitively confirmed according to the mode of transport and the delivery destination chosen, before the final validation of the order.
However, MEMINIS informs its Clients that the announced delivery times do not include Saturdays, Sundays and public holidays.
DELIVERY TIME
Delivery times can be as follows:
– If the products are available, the delivery time is equal to the time indicated when the order is taken in the delivery mode section-
If the products are not available and therefore on order, the delivery time is equal to the time indicated in the product availability sectionIf it turns
out that the delivery time cannot be met, a new delivery time will then be communicated to the Customer, based on the data known by MEMINIS.
In this case, a proposal for order cancellation, credit note or refund will also be made to the Customer.
MEANS OF DELIVERY IN METROPOLITAN FRANCE
Delivery in MONDIAL RELAY (Usually 3 to 6 working days)
This delivery method allows the customer to receive his package in the nearest
World Relay
Point to his home within 3 to 6 working days from Monday to Saturday excluding holidays. The customer is notified by e-mail as soon as the parcel arrives at the chosen relay point. The parcel remains available from 7 to 14 calendar days. Beyond this period, the package will be returned to our warehouses.
Standard Delivery by COLISSIMO (delivery time usually 48 hours)
This delivery method allows the Customer to receive his package within 48 hours from the time of dispatch thanks to the Post Office and the Colissimo Expert or Profil service (excluding processing and preparation time of the order which can take 1 to 2 days). Deliveries are made from Monday to Saturday morning, except on public holidays. The costs incurred for this option depend on the weight and total volume of the items ordered.
The package is taken care of by the Post Office and delivered against signature to the delivery address indicated by the Customer. In the event of absence at the time of delivery, a delivery notice is left at the delivery address indicated by the Customer, which allows the Customer to pick up his package at the nearest post office. Packages are kept pending at the Post Office for 15 calendar days. In case of non withdrawal within the time limit set by the carrier, the products will be returned to MEMINIS, which reserves the right to reimburse the price of the products, the shipping costs remaining at the Client’s expense.
MEANS OF DELIVERY OUTSIDE METROPOLITAN FRANCE
In Europe and abroad, delivery is made via: UPS. The costs incurred depend on the country of destination, the weight and the total volume of the selected items. The costs and delays are indicated to the Customer before the final validation of his order.
Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs duties in the country of destination. These costs and the related formalities are the responsibility of the customer/recipient. They are to be paid directly to the carrier at the time of delivery.
The customer is also responsible for checking the import possibilities of the products ordered with regard to the law of the country of delivery. We recommend to contact the Customs Service for more information.
PACKAGING
The products are packaged in such a way as to comply with the transport standards in force, and to ensure optimal protection of the products during their delivery. The Customer is asked to respect these same standards when returning a product, whether it is during an after-sales service, or when returning it for convenience. In the event of a product return, if we find that the product returns damaged due to insufficient quality packaging, MEMINIS may decide to reimburse the product only partially or to refuse to reimburse it if it is impossible to resell it as is.
RESPONSIBILITY OF THE CUSTOMER FOR THE VERIFICATION OF THE PARCELS UPON RECEIPT
MEMINIS reminds that it is the Client’s responsibility to inspect his packages upon receipt in the presence of the delivery man and to immediately notify the carrier and MEMINIS customer service of any anomaly noted (shock, damaged package, delivery date not conforming to normal delivery service deadlines. In the event that such information has not been included on the delivery slip presented to the Client by the carrier, no claim related to the condition of the package(s) can be accepted a posteriori by MEMINIS.
DELIVERY DELAYS DUE TO THE CARRIER
In the case of a delay in delivery in relation to the deadlines announced by the carriers, the Customer must first contact the carrier or its distribution office in the case of La Poste, to see if the package is not pending. If necessary, the Customer may contact MEMINIS Customer Service by email in order to open a litigation or investigation file to search for the package.
It happens that parcels may be mislaid by the carriers. The delays imposed by the carriers imply that the Customer declares the loss within 10 days following receipt of MEMINIS’ shipping notice. Under these conditions, MEMINIS will make the necessary claims to the carrier concerned. Once the claim and the opening of the investigation have been made, a period of 3 to 4 weeks may elapse before the carrier returns the goods.
If the package is found, it will be immediately re-routed to the Customer’s home. In the event that the package is not found, the Customer may then request the return of the same product (within the period of availability), at MEMINIS’ expense, or the reimbursement of the sum paid. If the product(s) ordered are no longer available at that time, MEMINIS will reimburse the amount of the products concerned by the loss of the carrier.
DAMAGED PACKAGES
The Customer must check the condition of the package in front of the carrier and make the necessary reservations on the delivery slip in case of partial or total deterioration. In the absence of reservations, the product is deemed accepted by the Customer and will not be subject to any dispute concerning its delivery. The Customer must inform MEMINIS by e-mail as soon as possible, so that MEMINIS can take the necessary measures as soon as possible.
ARTICLE 9: RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE
9.1 Legal withdrawal period
In accordance with the provisions of Articles L.221-16 et seq. of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) calendar days from the date of receipt or withdrawal of the Articles to exercise his legal right of withdrawal and thus notify MEMINIS of his intention to return the said Article to him. If the Articles can be subject to the legal right of withdrawal, the Customer exercising his right of withdrawal under the conditions provided for in this article in terms of time limit and methods of returning the Articles, may obtain a refund for the Articles returned. Form available in GCS Article 9.3.
The refund will be made by the same payment method used by the Customer for the initial transaction. The refund will be made as soon as possible and at the latest within 14 days following the effective exercise of the right of withdrawal by the Customer. However, this period may be extended by MEMINIS until MEMINIS receives the goods returned by the Customer at the address indicated on the return slip, or until MEMINIS receives proof of the dispatch of the Articles by the Customer. When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
In accordance with Article L.221-23 of the Consumer Code, the right is exercised by returning the Article, only the shipping costs remain the responsibility of the Customer.
The right of withdrawal is exercised under the same conditions from the Order and before Delivery.
9.2 Conventional withdrawal period
In order to ensure the satisfaction of its Clients, MEMINIS accepts the return by mail to the address indicated by Customer Service or on the Delivery note of the Article concerned, within a period exceeding the legal retraction period mentioned above. In this respect, the Customer has fourteen (14) days from the date of receipt of his order to retract and return his Products. Returns of Items beyond this period will not be accepted.
9.3 Methods of exercising the right of retraction
To do so, the Customer simply needs to choose one of the following methods:
The request for return can be made by contacting the customer service by e-mail which will indicate to the Customer the modalities to be followed.
Return Parcel Address :
MEMINIS / Customer Service
38 cours Aristide Briand – 69300 Caluire – FRANCE
Failure to respect the deadlines, MEMINIS will not be able to reimburse the Client.
Only Items returned in their original packaging in perfect condition for resale (plastic bags …) will be accepted. Consequently, the returns of washed and/or worn, damaged clothes will be refused.
Withdrawal can never be exercised if the Articles delivered are Articles that have been, even partially, washed, soiled, damaged or used. Similarly, these Articles returned incomplete, damaged or soiled by the Customer will not be taken back or exchanged.
Items must also be accompanied by the order number on the return form, sent by customer service. The Customer is informed that the use of the return form facilitates the processing of the return by MEMINIS. The Customer is therefore invited to make use of this return form.
The responsibility of the Customer can only be engaged in the event of depreciation of the Article resulting from manipulations other than those necessary to establish the nature, the characteristics and, if need be, the good functioning of the Articles.
The refund in case of use of the right of withdrawal will be made by the same means of payment as that used by the Customer for the initial transaction, unless specifically indicated by the Customer.
ARTICLE 10: GUARANTEES, RECLAMATION MEDIATION
Guarantees
The Products sold on the Site www.MEMINIS.COM comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller shall benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
- the Legal Guarantee of Conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the Order,
- the Legal Warranty against Hidden Defects resulting from a defect in material, design or manufacturing affecting the Products delivered and rendering them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Conformity Warranty / Hidden Defects Warranty).
It is recalled that under the Legal Guarantee of Conformity, the Customer has a period of two years from the delivery of the good to take action against the Seller; the Customer must choose between repair or replacement of the non-compliant Product subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code. In the event of a clear difference in cost between the two options, the Seller may impose the cheapest option; the Customer is not required to provide proof of the date on which the defect appeared.
If the Seller contests the application of the warranty and believes that the defect appeared after the purchase, it is up to him to prove it.
If the Customer makes use of the Legal Warranty of Conformity during the withdrawal period, the withdrawal period will be interrupted. The counting of the withdrawal period will start as soon as a new compliant product is delivered.
The Customer may decide to implement the Warranty against Hidden Defects of the Product within two years of the discovery of the hidden defect in accordance with Article 1641 of the Civil Code; in this case, the Customer may choose between cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Customer may request the reimbursement of defective Products delivered in accordance with the conditions of the article “Reimbursement” above.
The responsibility of the Seller shall not be engaged in the following cases:
- non-compliance by the Customer with the legislation of the country in which the Products are delivered, which it is up to the Customer to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The guarantee of the Seller is, in any case, envisaged, under the conditions provided for in the article “Refund”.
Claim / Mediation
Any complaint must be formulated beforehand by email via the “Contact Us” section of the Site.
Contact address: INFO@MEMINIS.COM
Where applicable, the refund will be made within 14 days upon receipt of the Article by MEMINIS, depending on the method of payment chosen when placing the Order, either to the credit card used for payment, or to the Customer’s PayPal account. These provisions are not exclusive of the aforementioned right of retraction.
Furthermore, in accordance with article L.616-2 of the French Consumer Code, MEMINIS informs the Customer of the existence of the platform put online by the European Commission, the purpose of which is to collect any complaints resulting from an online purchase from European consumers and then to transmit the cases received to the competent national mediators.
ARTICLE 11: LIABILITY
The products offered are in conformity with the French legislation in force and the standards applicable in France. MEMINIS cannot be held responsible in case of non-compliance with the legislation of the country where the product is delivered. It is the Customer’s responsibility to check with local authorities the possibilities of importing or using the products you plan to order.
MEMINIS cannot be held liable for any inconveniences or damages related to the use of the Internet network, such as a break in service, the presence of computer viruses or external intrusions, and more generally all cases qualified as force majeure or caused by third parties by the courts.
Hypertext links may refer to sites other than the www.MEMINIS.COM site. MEMINIS disclaims all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
ARTICLE 12: FORCE MAJEURE
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Will be considered as a fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware of them.
The two parties will then, within one month, unless impossible due to force majeure, meet 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 more than three months, the present general conditions may be terminated by the injured party. The following are
expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals
: – Total or partial strikes, internal or external to the company, the blocking of means of transport or supplies for any reason whatsoever, government or legal restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning;
– The stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the Customers.
ARTICLE 13: PERSONAL DATA
Visitors or Clients of the website www.MEMINIS.COM have at any time the right to access, modify, rectify and delete data concerning them in accordance with article 34 of the French law “informatique et libertés” of January 6, 1978.
When registering a Client or an order, or in the context of other specific operations, MEMINIS offers Visitors or Clients to receive its newsletters, promotional offers, and/or to register to be informed of its exclusive sales. The Visitor or Client may at any time modify his subscription through the hypertext link appearing at the bottom of the newsletters received by email.
MEMINIS undertakes to effectively take into account the modifications of subscription and unsubscription to the commercial e-mails distributed by MEMINIS as soon as possible according to the necessary processing.
MEMINIS may also propose to its Visitors or Clients to receive promotional offers from its partners. For commercial purposes, MEMINIS may transmit to commercial partners the identity and contact information of its Users or Clients, only insofar as they have agreed to the disclosure of their personal data. Users and Clients may at any time modify their choices on the MEMINIS website.
MEMINIS uses data collection systems such as cookies. A cookie is a computer file stored on the hard disk of the User’s computer. Cookies make it possible to indicate a previous visit by the user to the site and to link the user to his or her personal data left on the site, in particular in the context of identifying the shopping cart.
MEMINIS informs its Clients that the processing of this nominative and/or personal
information has been declared to the CNIL under number 1309937 of July 31, 2008.
ARTICLE 14: INTELLECTUAL PROPERTY
The entire content (texts, comments, works, illustrations, images, videos, graphics, sound… including the underlying technologies used) displayed on this site is reserved under copyright as well as intellectual property rights and for the entire world. As such and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes counterfeiting and is punishable under the Intellectual Property Code, unless prior authorization is obtained from MEMINIS. Any total or partial reproduction of the MEMINIS catalog is strictly forbidden.
Any person who owns a website and wishes to place on his or her site a simple link directly to www.MEMINIS.COM must request authorization from MEMINIS. An authorization given by MEMINIS will in no case constitute an implicit agreement of affiliation and will in no case be given on a definitive basis. Upon simple request from MEMINIS, this link must be removed.
ARTICLE 15: FULL TERMS AND CONDITIONS
A change in legislation, regulation or a court decision rendering one or more clauses of these General Terms and Conditions of Sale null and void shall not affect the validity of these General Terms and Conditions of Sale. Such a change or finding could in no way allow the Customer to not respect these General Terms and Conditions of Sale.
If a condition was not explicitly mentioned, it would be considered to be governed by the customs in force in the distance selling sector whose companies have their headquarters in France.
Relations between the company MEMINIS and the Customer are exclusively governed by the present conditions to the exclusion of any other condition appearing on the site www.MEMINIS.COM.
ARTICLE 16: DURATION AND APPLICATION
The present Conditions apply for the entire duration of the online services offered by MEMINIS. They can be modified at any time by MEMINIS. The applicable Conditions are those in force at the date of order registration.
ARTICLE 17: TERRITORIALITY AND APPLICABLE LAW
Sales of MEMINIS products are subject to French law. In the case of an individual Client, any dispute relating to the existence, interpretation, execution or breach of the contract concluded between MEMINIS and the Client, even in the case of multiple defendants, will, in the absence of an amicable agreement, be under the exclusive jurisdiction of the court of the Client’s domicile. In the case of a Professional Client, any dispute relating to the existence, interpretation, execution or breach of the contract concluded between MEMINIS and the Client, even in the event of multiple defendants, will, in the absence of an amicable agreement, be subject to the exclusive jurisdiction of the courts of Lyon.