General Terms and Conditions of Sales
Article
1: Subject
The purpose of these
terms and conditions is to define the rights and obligations of the parties in
connection with the on-line sale of goods and/or services offered by the Seller
to the Consumer.
The Seller reserves the
right to modify these terms and conditions at any time by publishing a new
version of them that will be applicable to all orders placed after their first
appearance on the website. ‘Consumer’ means any natural or legal person.
These Terms and
Conditions of Sales express the terms and conditions under which the company Menstru8,
hereinafter referred to as ‘the Seller’, offers or ensures the supply – via
remote digital marketing – of products to Consumers under the conditions of
Articles L.221-1 and following of the Consumer Code.
The informed Consumer
unreservedly accepts, as a result of his/her order, all the provisions of these
General Terms and Conditions of Sales. No general or specific condition
contained in documents sent or delivered by the Consumer may be incorporated
herein without the express written agreement of the Seller.
Article 2 – Contractual Documents
This Contract consists
of the following Contractual documents, listed in descending hierarchical order
: the electronic order form; these Terms and Conditions of Sales; the Shipping
Policy; the Refunds and Returns Policy.
In case of a
contradiction between the provisions contained in the documents of different
ranks, the provisions of the higher ranking document shall prevail.
Article 3 – Identification of the
Seller responsible for the Offer
The following
information is specified as required by the law:
●
Name of the Seller of
the products or Service Provider,
●
Lisa Southcott/Menstru8
●
Telephone number by
which to contact them,
●
0782483433
●
Their address and, for
legal persons, registered address and address of the organisation responsible
for the offer if different from the registered address. 31, Rue De La
Counillère, Chalais, 16210, France
Article 4 – Effective Date and
Duration
These Terms and
Conditions of Sales shall become effective on the date the form is signed on
our website. These Terms and Conditions of Sales are concluded for the duration
necessary for the supply of the subscribed goods, until the extinction of the
Seller’s guarantees.
Article 5 – Validation of the Contract
The Consumer’s ‘click’
under the purchase order constitutes a validation of said Contract; in
particular, by the first click the Consumer confirms his/her order and by the second
click, accepts it definitively after having verified it. The order will only be
recorded after the second click and related payment.
Article 6 – Proof of the Transaction
The records stored in
the Seller’s computer systems under reasonable security conditions, shall be
considered proof of communications, orders and payments between the parties.
The purchase orders and invoices are stored on a reliable and durable medium
that can be produced as evidence.
Article 7 – Product Information
7-a: The Seller presents
its products for sale on its website providing the necessary descriptions in
accordance with Article L.111-1 of the Consumer Code, which requires that the
potential Consumer is given the possibility to know the characteristics of the
products he/she intends to buy before passing the purchase order.
7-b: The offers
presented by the Seller are only valid while stocks last.
Article 8 – Price
The prices are indicated
in Euro and are valid only on the day that the Consumer sends the purchase
order. The prices include all taxes and French VAT applied on the day of the
order. Any change in the VAT rate will automatically be reflected in the price
of the products in the on-line shop. Full payment must be made upon making the
order. No deposit or down payment will be accepted.
Article 9 – Payment Method
The Consumer must choose
one of the payment methods listed on his/her purchase order. Upon validation of
the purchase order, the Consumer guarantees the Seller that he/she has the
necessary permission to use the chosen payment method (principle of the
purchase order with obligation of payment according to Article 221-14 paragraph
2 of the Consumer Code).
The Seller reserves the
right to suspend the processing of any order or delivery in the event the
credit card payment is refused by officially accredited bodies.
The Seller also reserves
the right to refuse a delivery or execute an order received from a Consumer who
has not fully paid a previous order, or with whom a payment dispute is in
progress.
Article 10 – Delivery Methods
The products shall be delivered to the
address specified by the Consumer in the purchase order, within the delivery
time specified in the order.
Consumer may request and be sent an
invoice to his/her billing address and not to his/her delivery address, by
ticking the relevant option in the order form.
Shipments are made by La
Poste or, for international shipments, by Colissimo, which provides
a tracking number. As soon as the goods are shipped, the Consumer immediately
receives a confirmation email and can track the parcel at any time.
However, it may happen, as in all
deliveries, that a delay occurs in the delivery or the product gets lost in transit.
In case of a delay in delivery with respect to the date given in the shipping
confirmation email, the Consumer is required to report the delay to the Seller
via email; the Seller will then contact the courier to start an investigation.
An investigation may
take up to 21 days from its starting date. If, during this period, the product
is found, it will be immediately rerouted to the Consumer’s address (which
happens in most cases). If, on the other hand, the product is not found after 21
days, a replacement product will be sent to the buyer at the Seller’s expense.
If the ordered products are no longer available at that time, the related
amount would be refunded to the buyer. If the products are still available, but
their sale prices on the website have changed, the new sales prices will be
applied after agreement of the buyer.
The Seller will be exempt from
liability for any fault attributable to the Consumer or for any unforeseeable
and overwhelming fault of a third party involved in the Contract, or in the
event of force majeure.
Article 11 – Faulty Delivery and
Product Verification
11-a: In the event of a faulty delivery not compliant with the
purchase order, the Consumer must forward the Seller the related claim within
14 days. All claims made after the said terms will be rejected, except those
covered by the legal guarantee of conformity and/or the legal guarantee against
latent defects, to which the deadlines provided for by current legislation
apply.
11-b: The said claim can be priorly submitted to the Seller via
email by specifying the order reference number and providing full contact
details.
11-c: Any claim that is not submitted according to the rules and
within the time limits specified above will not be taken into account and the
Seller will be released from any liability toward the Consumer.
11-d: In case of a faulty delivery or mistaken delivery, any
product to be replaced or refunded must be returned to the Seller intact and
complete so as to be suitable for being re-sold, and in its original packaging.
For faster and more reliable management of these cases, Consumers are
encouraged to use the So Colissimo service of La Poste, or any other means at
the convenience of the Consumer, to the address indicated in a written request sent
by email.
All returns should be
reported in advance by email to menstru8.com@gmail.com in order to facilitate processing. Shipping
costs are the responsibility of the Consumer, except in the case that the
product received is not the one that the Consumer ordered.
Article 12 – Right of Withdrawal
In accordance with
Article L.221-18 and following of the Consumer Code, the Consumer can return
any goods that are unsuitable to him/her and get a refund of the invoiced
amount up to 14 clear days from the date the goods were delivered or from the
date the offer for the provision of services was accepted.
The product will only be
taken back or replaced if returned in unused condition, in its original
packaging, in perfect condition suitable for resale, accompanied by any
accessories, instructions, documentation and related invoice.
For faster and more
reliable processing, the Consumer must, prior to any return, inform the
Supplier of the return by sending an email to menstru8.com@gmail.com
specifying his/her personal and relevant information and his/her request for
return of the products.
The Seller will then
send the return authorisation by email to the Consumer. No justification is
required for withdrawal. The return parcel must be shipped within the legal
deadline, with the postmarked date or other tracking number as the proof.
For more reliable and
faster processing, the parcel should be sent by La Poste or Colissimo to
the address specified in the email authorising the return. The postage must be
sufficient, to avoid any penalty on reception; any penalty will be deducted
from the refund. Cash on delivery parcels will be systematically refused. If
the return goods are damaged or used, the amount of the refund will be
established after contacting the Consumer.
Right to withdrawal:
You have the right to
withdraw from this Contract without giving any reason within 14 days. The
withdrawal deadline is 14 days after you, or a third party other than the
carrier designated by you, take physical possession of the goods.
To exercise the right of
withdrawal, you must notify menstru8.com@gmail.com 31, Rue De La
Counillère, Chalais, 16210, France of your decision to
withdraw from this Contract by submitting a clear and unambiguous declaration,
by letter sent by post or email.
For respecting the term
for exercising the right of withdrawal, you must submit your withdrawal letter
before expiry of the aforesaid legal deadline.
Effects of withdrawal:
In the case that you
withdraw from this Contract, the return is at your expense. For full refund of
the payment received, the goods must be in perfect condition, unsealed, in the
original packaging and suitable for remarketing, otherwise refund of the
payment received will be refused.
For refund, the same
method used for the original payment transaction will be used. We may defer
refund until we have received the goods, or until you have provided proof of
shipment of the goods – whichever comes first.
You must ship back or
return us the goods without undue delay and, in any case, no later than 14 days
after you received the goods and before the expiry of the 14 days’ withdrawal
deadline.
You will be responsible
for the direct costs of returning the goods.
Example of withdrawal form: (Please only complete
and return this form if you wish to withdraw from the Contract)
To Menstru8
I/We* hereby notify you
my/our* withdrawal from the Contract for the sale of the goods specified below.
Customer number:
Purchase order number:
Ordered on* / Received
on*:
Last name/First name:
Address:
Signature
Date
*delete as applicable
Article 13 – Processing of parcels not
delivered by our transport provider
If a parcel is thus
returned to Menstru8 for a reason such as ‘unclaimed parcel’ or ‘the
addressee does not live at the indicated address’, Menstru8 will send the
Consumer concerned an email to inform him/her, and the parcel will be
re-delivered to the Consumer after he/she has agreed and paid the related
charges.
These charges shall be
paid upon delivery of the parcel at a post office. If these redelivery charges
remain unpaid, or if after payment of related charges the re-sent parcel still
remains unclaimed and is therefore returned a second time to Menstru8
by post, it will be kept by Menstru8 for ten (10) days. At the
end of this period, we may decide to resell or destroy the items thus stored,
without prior notice or formal actions. The said resale or destruction does not
entitle the Consumer to refund, replacement or compensation.
Article 14 – Force Majeure
Neither party shall be
deemed to have failed to fulfil their Contractual obligations if their
fulfilment is delayed, hindered or prevented by a fortuitous event or a force
majeure event. All facts or circumstances external to the parties which are
unpredictable, inevitable, beyond the control of the parties and which they
cannot prevent, despite all reasonable possible efforts, shall be considered as
fortuitous events or force majeure events.
The party affected by
such an event shall notify the other party by email and within ten working days
of the date when he/she became aware of the said event or circumstance. Within
a month of the event, unless still impossible due to force majeure
circumstances, the two parties shall come back together to examine the impact
of the event and agree on the conditions under which the fulfilment of the
Contract will be undertaken.
If the force majeure
event or circumstance lasts for more than three months, these Terms and
Conditions of Sale may be terminated by the damaged party. Fortuitous or force
majeure events and circumstances expressly means those usually considered so by
the French legislation.
Article 15 – Partial Non-Validation
Should one or more
provisions of these Terms and Conditions of Sale be considered or declared
invalid according to a law, a regulation or following a final decision by a
competent court, the other provisions will still retain all their validity and
enforceability.
Article 16 – Non-Waiver
If either party should
waive any breach of any provisions of these Terms and Conditions of Sale, this
party shall not thereby be deemed to have waived any succeeding breach of the
same or any other provision of these Terms and Conditions of Sale.
Article 17 – Law and Computer
Liberties
17-a: Use of purchase
order data. The Seller shall use purchase order data exclusively for the
execution of the order and its follow-up by the Customer Service. All Consumer
data is stored and used only by the Seller, in accordance with the French Act
on Information Technology, Data File and Civil Liberties of 6 January 1978.
17-b: Right of
rectification. The Consumer has the right of correction or deletion of his/her
personal data stored in the Seller’s computer system, and can exercise the said
right at any time. In exercise the said right, the Consumer must send an email
to the following address: menstru8.com@gmail.com or write to: Lisa
Southcott, 31, Rue de La Counillère, Chalais, 16210
17-c: Sharing personal
data. The Seller shall not disclose any Consumer’s personal data, including
post and email addresses, to third parties without the prior consent of the
concerned Consumer. Authorisation to disclosure of personal data is revocable at
any time. The direct partners who handle the orders are excluded; the Seller
shall take the necessary security measures to protect the data in its
possession against accidental or deliberate manipulation, loss, destruction or
access by unauthorised parties.
However, the Seller
cannot guarantee perfect security when data is exchanged via the Internet: any
action by the Consumer is at his/her own risk.
17-d: It is the
responsibility of the website user to take all appropriate measures to protect
his/her own data and/or software from contamination by possible viruses
circulating on the Internet. The Seller declines all liabilities for any damage
that may occur during the consultation of the website.
Article 18 – Personal Data Accepting
Cookies:
Respect for your privacy
is our priority. The use of cookies on this website allows us to offer you
contents and services adapted to your centres of interest. We recommend that
you accept their use to take full advantage of browsing our website.
Additional Information:
By visiting our website
and using our services, you understand and accept the way we process your
personal data in accordance with our privacy policy. We respect your privacy
and your right to control your personal data. Our guiding principles are
simple. We will be transparent on what data we collect and why. Please take a
moment to read. It is important!
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amounts of information stored in files within the browser of your computer.
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companies that display their advertisements on websites, so that they can
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our website.
Our website uses cookies for the following purposes:
●
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+, etc.);
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Audience measurement: to
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and other communications.
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Article 19 – Disputes
These General Terms and
Conditions of Sale are regulated by the substantive and formal rules of the
French legislation.
In case of a dispute or
claim, the Consumer shall first contact the Seller to reach an amicable
solution. In case of failure to reach an amicable agreement between the
parties, the Consumer, according to Article R.631-3 of the Consumer Code, can
resort, at his/her choice, to a court having jurisdiction pursuant to the Code
of Civil Procedure, or a court having jurisdiction in the place where he was
living at the time the Contract was concluded or a court having jurisdiction in
the place where the damage occurred.
In addition, the consumer may use the European Online
Dispute Resolution (ODR) platform
to submit a complaint. The ODR is provided by the European Commission to make
online shopping safer and fairer by providing easy to access dispute resolution
tools.
Contact
Us
If you have any questions regarding these General Terms and
Conditions of Sale you can contact us using any of the business contact methods
and details provided on this website.
Page Last Updated : 2/10/23