ARTICLE 1 - SCOPE OF APPLICATION
The present General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) constitute a distance selling contract, defining the rights and obligations of MONIA LISASI, a company with share capital of €0, whose registered office is located in Belgium, (hereinafter referred to as “MONIA LISASI” or “Monia” or “Seller”) and the customer in connection with the sale of products listed on the www.monialisasi.com website. They apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“Products”) by the Vendor on the website www.monialisasi.com.
The GCS are concluded between MONIA LISASI and any person wishing to make a purchase, hereinafter referred to as the “Customer”, via the www.monialisasi.com website, hereinafter referred to as the “Site”.
Customers are exclusively consumers, defined as natural persons acting for purposes that do not fall within the scope of a commercial, industrial, artisanal, liberal or agricultural activity.
ARTICLE 2 - ACCEPTANCE / ENFORCEABILITY
In accordance with the provisions of article L 113-3 of the French Consumer Code, the present general terms and conditions of sale are brought to the attention of the Customer when the order is placed, and appear on the Vendor’s website, accessible from the URL address www.monialisasi.com (hereinafter “the Site”).
The fact that one of the parties does not avail itself of one of the GCS at a given time cannot be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date. The invalidity of any clause of the GTCS shall not affect the validity of the GTCS as a whole.
Product sales and orders placed by Customers on the Site are governed by these GTC, to the exclusion of all other documents, catalogs and literature issued by MONIA LISASI (with the exception of the Site’s General Terms and Conditions of Use (hereinafter “GTCU”) and Legal Notices), which are provided for information purposes only and are for guidance only.
Consequently, placing an order on the Site implies acceptance by the Customer of the GCU. Likewise, the Customer undertakes to comply with the GCS each time he visits the Site.
MONIA LISASI reserves the right to modify the GTC at any time and without prior notice, in which case the modifications will apply to all orders placed after the modification. MONIA LISASI may modify certain provisions of the GCS from time to time. Customers are therefore advised to reread the GCS before each order validation and to cease using the Site in the event of disagreement with the current GCS.
For any questions or complaints relating to the products, the order, personal data, the right of retraction, the place of waste recovery or the application of the product warranty, the Customer may contact MONIA LISASI at the following address:
By mail: Unavailable
By telephone: +32 497 68 92 42
By e-mail: hello@monialisasi.com
ARTICLE 3 - PRE-CONTRACTUAL INFORMATION
Prior to placing an order and entering into a contract, the Customer acknowledges having been informed, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the following information: the essential characteristics of the Products; the price of the Product and transport costs; the delivery time; information concerning the identity of the Seller, its postal, telephone and electronic contact details and its activities; information concerning the right of withdrawal, legal guarantees; the possibility of recourse to a consumer mediator.
ARTICLE 4 - PRODUCTS
4.1 PRODUCT CHARACTERISTICS
The entire content of the Site (illustrations, texts, labels, trademarks, images, videos) is the property of MONIA LISASI. Any reproduction of all or part of this site is prohibited, unless MONIA LISASI gives its express prior authorization. MONIA LISASI does not authorize the creation of hypertext links without express prior consent.
The products offered for sale by MONIA LISASI are presented and detailed in such a way that all customers are able to know the essential characteristics of the products they wish to purchase, in particular by means of technical descriptions from its partners and suppliers and photographs illustrating the products. In this respect, the products are described and presented as accurately as possible. Differences between the products and their photographs on the Site may potentially exist (colors, shades, etc.), depending in particular on the resolution and color definition of the Customer’s screen. Consequently, products are presented with the usual and customary tolerances.
Furthermore, MONIA LISASI makes every effort to ensure that the photographs, illustrations and texts appearing on the Site are as accurate as possible and provide the customer with the best possible information.
Consequently, MONIA LISASI cannot be held responsible for any errors that do not affect the essential characteristics of the product.
The Products comply with French legislation and EU regulations in force. MONIA LISASI may not be held liable in the event of non-compliance with the legislation of the country in which the product is delivered (e.g.: in the event of a product ban, etc.). It is the customer’s responsibility to check with the local authorities in the country where the products are to be delivered to ascertain whether the products he/she intends to order may be imported or used. MONIA LISASI cannot guarantee that the information on Product packaging will be translated into all the languages of the European Union.
MONIA LISASI may modify at any time the assortment of products offered for sale on its Site, depending in particular on constraints related to its suppliers, without prejudice to orders placed by the Customer.
4.2 AVAILABILITY
Products are new or reconditioned to new. They are offered for sale within the limits of available stocks and supply possibilities from MONIA LISASI suppliers.
Product availability will be definitively confirmed when the order is dispatched, which will be sent to the customer by e-mail.
In the event that one of the products ordered is not available at the time the customer’s order is prepared, MONIA LISASI undertakes to contact the customer by e-mail as soon as possible from the date of the order in order to inform the customer of the delivery date for this product, it being specified that the customer has the right to cancel the order.
If a product is unavailable, the Customer will be offered an exchange with another product of equivalent quality, characteristics and price, or, in certain cases, a credit note equal to the amount of the unavailable products ordered. Failing this, i.e. in the event of cancellation of the order for the product concerned by the Customer, the unavailable product will be reimbursed within fifteen (15) days of receipt of the sums paid by the Customer. The refund will be made by crediting the Customer’s bank account or by bank transfer. Cancellation of the product order and its reimbursement will not affect the remainder of the order, which will remain firm and definitive.
4.3 SPARE PARTS
In application of article L. 111-4 of the French Consumer Code, MONIA LISASI provides the Customer, on any suitable medium prior to the conclusion of the sale, with information concerning the period during which, or the date up to which, spare parts essential to the use of the product are available on the market, provided that this information has actually been transmitted to the Customer by the manufacturer or importer. This information, when provided by the manufacturer or importer, will be confirmed in writing at the time of purchase of the product by the Customer.
ARTICLE 5 - ORDERS
Any order implies acceptance of the Site’s GTC, GCU and legal notices.
5.1 SITE NAVIGATION
The Customer may view the different Products offered for sale by the Vendor on its Site and browse freely through the different pages of the Site, without being bound by any order.
5.2 PLACING AN ORDER
Upon entering the Site, the Customer declares that he/she has the capacity to enter into the present contract, i.e. that he/she is of legal age and not under guardianship or curatorship.
The Customer may only place orders with MONIA LISASI via his/her customer account opened on the Site, to which he/she may only have access after having identified him/herself by entering his/her access codes, which are strictly personal.
As this is a distance selling contract, it is concluded, and the order definitive, from the moment the Customer confirms his/her order by pressing the “I place an order” button, after having chosen his/her mode of delivery and payment. Once the order has been validated, the Customer can print out a summary of his order, which he will receive by e-mail, together with the form for exercising his right of withdrawal. This document must be kept, as it constitutes proof of the Customer’s order and of the contract binding the parties.
In any case, MONIA LISASI reserves the right not to satisfy any customer request that is exorbitant or derogatory to common law and its general terms and conditions, or when the customer is not up to date with its obligations to MONIA LISASI.
5.3 ORDER CANCELLATION
It is reminded that purchases made on the Site are reserved for non-professional private customers for their own use (or for gift purposes within the family circle), which is why MONIA LISASI only sells its products in quantities corresponding to the usual average needs of a household. In accordance with article L. 121-11 of the French Consumer Code, MONIA LISASI reserves the right to refuse or cancel, for legitimate reasons, any order for which the number of products or the amount to be paid (for a single order or for several orders combined) does not correspond to the usual average use of a household, any order which suggests that an economic activity is being carried out by the customer in connection with the products ordered, or more generally, any abnormal order within the meaning of the applicable case law.
Finally, MONIA LISASI reserves the right to suspend or cancel any order and/or delivery, whatever the nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders.
Orders placed on the Site are automatically cancelled if payment is not received within fifteen (15) clear days.
Any order cannot be modified once it acquires the status “In preparation”.
MONIA LISASI may issue a credit note to the customer in the event of unavailability of a product following a return for an item that does not meet expectations.
The credit note is valid for one (1) year for all new orders placed on the website, which can be accessed via the URL address www.monialisasi.com.
However, the customer may request reimbursement of the credit note for the duration of its validity.
MONIA LISASI may request proof of identity and/or address from the customer to verify the identity of the holder of the credit card used for payment.
5.4 ORDER TRACKING
The customer can check the status of his order at any time by consulting the “Order tracking” section. This enables the Customer to check the status of his order, as well as the status of shipment or delivery of his parcels. Customers may at any time contact the Vendor’s customer service department to obtain information on the status of their order, using the contact details given in article 12.
ARTICLE 6 - PRICES & PAYMENT
6.1 PRICES
The sale prices of the products mentioned on the Site are indicated in euros, all taxes included, excluding transport costs.
Their amount is in any case indicated at the end of the online order, before its validation. The price invoiced to the Customer is the price specified on the order confirmation, comprising the price of the products including all taxes, plus any shipping costs.
Transport costs are determined according to the type of transport, the value of the order and the destination.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the product(s) concerned. For all products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. MONIA LISASI is not responsible for these charges. They shall be borne by the Customer and are his/her sole responsibility, both in terms of declarations and payments to the competent authorities/organizations in your country. It is the customer’s responsibility to check with their local authorities before placing an order.
MONIA LISASI reserves the right to modify its sales prices at any time. However, no modification made after the order has been placed may be applied. The price applicable to the products ordered is that shown on the Site on the day the order is placed.
6.2 TERMS OF PAYMENT
Orders are payable in euros, in full and in cash (subject to the stipulations concerning payment in “3 or 4 instalments free of charge”). At no time may sums paid be considered as deposits or advance payments.
Payment can be made either :
By credit card on the website of MONIA LISASI’s financial partner
By PayPal
For these methods of payment, the amount of the order will be debited at the time of order confirmation.
Transactions carried out on the www.monialisasi.com website are protected by the universal SSL (Secure Socket Layer) encryption system.
The Customer is informed that the Vendor subcontracts the management of payments to its external payment service provider. The customer’s bank details are known only to the service provider and do not pass through the Site’s web server. Consequently, the Customer acknowledges that at no time will the Customer’s bank details pass through the Vendor’s computer system. The Vendor cannot therefore be held liable in the event of fraudulent removal of the Customer’s bank details.
As part of the fight against Internet fraud, information relating to the Customer’s order may be transmitted to any third party authorized by law or designated by MONIA LISASI for the sole purpose of verifying the Customer’s identity, the validity of the order, the method of payment used and the delivery envisaged, within the limits of the Customer’s rights with regard to the processing of his/her personal data as set out in the “Privacy Policy” section.
For orders with a minimum total value of 30 euros (including VAT and postage) paid by PayPal, the Customer may select the option “Payment in 3 or 4 instalments, free of charge”. This payment option allows the customer to pay by credit card or PayPal in three or four instalments at no extra cost. In all cases, full payment must be made within 60 days of order validation.
In the event of non-payment of a due date, MONIA LISASI may invoke the reservation of title clause stipulated in article 11 of the present terms and conditions.
As soon as payment has been validated, the customer receives confirmation of the order by e-mail, together with the invoice.
MONIA LISASI retains full ownership of the products sold until full payment of all sums due in connection with the Customer’s order.
Any sum not paid by the due date will automatically generate late payment interest corresponding to three times the legal interest rate. This interest will be due until the date of payment of the sum due, including interest.
ARTICLE 7 - DELIVERY, RECEIPT & USE OF PRODUCTS
7.1 DELIVERY METHODS
For the delivery of their order, customers must choose one of the delivery methods proposed by MONIA LISASI. The delivery methods offered are as follows:
i. Delivery to the delivery address given by the Customer at the time of ordering
i. Delivery to the delivery address provided by the Customer
If the Customer selects this delivery method, the products will be delivered to the address specified on the Site at the time of ordering.
MONIA LISASI shall in no event be held liable for any delay and/or non-delivery due to a false or erroneous address, or an address to which delivery proves impossible.
Delivery is deemed to have been made by MONIA LISASI when the products ordered are handed over to the customer by the carrier. The risks of the products are then immediately transferred to the Customer.
Transport will be carried out by an independent company. The Customer undertakes to sign the delivery note for the products. If the Customer is absent at the time of delivery, he/she has a period of 15 working days to collect the parcel from the carrier or agent chosen by the Customer, from the date of the delivery notice. In any case, the customer will be informed as soon as possible of the availability of the products.
Any parcel returned to MONIA LISASI because of an incorrect or incomplete delivery address, or because the Customer has not collected it from the carrier or agent within the period indicated in the previous paragraph, will be reshipped at the Customer’s expense.
7.2 DELIVERY TIMES
Deliveries are made according to the delivery times indicated on the Site, depending on the delivery method chosen, from the time the e-mail confirming delivery of the order is sent. These delivery times are indicated as precisely as possible and depend in particular on the availability of the products ordered and the carrier. Delivery times are given in working days (excluding Saturdays, Sundays and public holidays).
In the event of a foreseeable delay in delivery, MONIA LISASI will inform the customer as soon as possible by e-mail and will provide an estimate of the additional delivery time.
Except in special cases or when one or more Products are unavailable, Products ordered will be delivered in one or more shipments.
In any event, MONIA LISASI undertakes to deliver to the consumer customer within a maximum of 30 days from the conclusion of the contract.
Should this deadline be exceeded, and except in the case of force majeure, the customer may cancel the contract by registered letter with acknowledgement of receipt, or in writing on any other durable medium, if MONIA LISASI has been instructed to make the delivery and has not done so within the deadline.
The contract shall be considered terminated upon receipt by MONIA LISASI of the letter or writing informing it of such termination, unless MONIA LISASI has performed in the meantime.
When the contract is terminated under the conditions listed above, MONIA LISASI is obliged to reimburse the customer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
7.3 RECEPTION
It is the Customer’s responsibility to check the condition of the packaging and products, and the number of products, on receipt or on collection from a relay point or store, as the case may be. This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note or any other equivalent document, or once the product has been scanned in the case of in-store collection.
It is the Customer’s responsibility to make clear and precise reservations on the carrier’s delivery note in the event of dispute, deterioration of the product during transport, damage, shortage or delay. The Customer must confirm these reservations to the carrier by registered letter with reasoned acknowledgement of receipt within three (3) days, not including public holidays, following receipt of the products.
In accordance with article L. 224-65 of the French Consumer Code, when the Customer personally takes delivery of the transported products and when the carrier does not justify having given him/her the opportunity to effectively verify their good condition, the aforementioned period is extended to ten (10) days.
Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or non-conformity of the products delivered must be made to MONIA LISASI in writing as soon as possible after the date of delivery or availability of the product. It is the customer’s responsibility to provide any justification as to the reality of the defects or anomalies observed, in particular by sending MONIA LISASI :
- A photocopy of the letter of reservation sent to the carrier;
- And a photocopy of the delivery note mentioning the reservations.
Any claim formulated late could potentially prevent the claim from being taken into account.
It is expressly agreed that statements such as “subject to inspection upon unpacking” do not constitute a reservation within the meaning of this article.
In the case of delivery to a “point relais”, if the Customer notices that the packaging of the parcel is damaged (damaged, torn, already opened, etc.), he/she must inform the “point relais” that he/she is refusing the parcel, which will then be returned to the shipping company.
In the case of in-store withdrawals, in the event of a dispute concerning the quantity and/or condition of the products at the time of withdrawal, the customer must immediately inform the store staff concerned.
In any event, MONIA LISASI shall not be held responsible for any delay or failure in delivery due to force majeure or fault on the part of the customer.
The customer is solely responsible for any returns made by the carrier.
The customer will receive a credit note for the amount of the order, excluding shipping costs, in the form of a discount voucher or a credit note coupon available in the customer area.
ARTICLE 8 - LEGAL WARRANTIES
8.1 GENERAL STIPULATIONS
MONIA LISASI is liable for defects in conformity of the goods with the order under the conditions of article L. 217-4 et seq. of the French Consumer Code, and for hidden defects in the goods sold under the conditions of articles 1641 et seq. of the French Civil Code.
In this respect, the customer may make a claim under the legal warranty of conformity or the warranty of defects in the item sold by sending his claim to MONIA LISASI at the address mentioned in article 2 herein.
When acting under the legal warranty of conformity, the Customer :
– Has a period of two years from the date of delivery of the goods to take action;
– May choose between repair or replacement of the good, subject to the cost conditions stipulated in article L. 217-9 of the French Consumer Code, or, failing this, a reduction in the price or rescission of the contract;
– Is exempted from proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good, except for second-hand goods (twelve months) (L.217-7 new Consumer Code).
– All goods repaired under the legal warranty of conformity benefit from a six-month extension of this warranty.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
The customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the sale price, in accordance with article 1644 of the French Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the French Consumer Code (old) and articles L. 217-4, L. 217-5, L. 217-7, L. 217-8, L. 217-9, L. 217-11, L. 217-12 and L. 217-13 of the French Consumer Code (new) as well as articles 1641, 1644 and the first paragraph of article 1648 of the French Civil Code are reproduced in article 18 of these general terms and conditions.
8.2 ADDITIONAL INFORMATION
Under the aforementioned legal guarantee of conformity, MONIA LISASI is obliged to deliver products in conformity with the contracts and is liable for any defects in conformity existing at the time of delivery.
In this respect, it is specified that the products marketed by MONIA LISASI, particularly batteries, have a limited lifespan which essentially depends on the conditions of use of the products by Customers (frequency of use, shocks, lack of maintenance, exposure to extreme temperatures, contact with water, etc.).
The lifespan of some of the products marketed by MONIA LISASI is shorter than the 24-month legal warranty period.
Consequently, the presumption of the existence of conformity defects at the time of delivery of the products, which appear within 24 months of delivery, is practically never compatible with the specific nature of these products.
Consequently, in accordance with article L. 217-7 of the French Consumer Code, MONIA LISASI may contest this presumption.
8.3 EXCLUSION OF WARRANTY
The warranty does not cover products modified, repaired, integrated or added by the Customer. The warranty does not cover visible defects.
The warranty does not cover products damaged in transit or as a result of misuse. In this respect, defects and deterioration of products caused by failure to comply with safety instructions relating to storage precautions specified on the packaging are excluded from the warranty.
Defects and deterioration caused by incorrect use, non-conforming maintenance, abnormal use, lack of supervision, poor electrical protection of the devices, or by any such circumstances detrimental to the proper operation of the devices, or by any modification of the product not foreseen or specified by MONIA LISASI, are excluded from the warranty.
The warranty immediately and completely expires if the product is used under abnormal conditions.
If no maintenance is carried out, the warranty will be lost in whole or in part.
ARTICLE 9 - RETURNS & LIABILITY
9.1 COMPLAINTS / LIABILITY
Except in the case referred to in article 8, it is the Customer’s responsibility to provide any justification as to the reality of the defects or anomalies observed. The Customer must allow MONIA LISASI every opportunity to verify the defects or anomalies.
Subject to the exercise of the right of retraction, all product returns must be expressly approved by MONIA LISASI. Products must be returned in perfect condition and in their original packaging with all accessories (including instructions).
The return will give rise, depending on the case, to a replacement of the products or to a credit note or refund of the Customer, after qualitative and quantitative verification of the returned products. Shipping and return costs and risks will be borne by the Customer.
9.2 COMMERCIAL WARRANTIES
When MONIA LISASI’s liability is incurred as a result of a fault on its part, compensation applies only to direct, personal and certain damage suffered by the Customer.
In any event, MONIA LISASI declines all liability, in particular with regard to the Customer’s choice of products, or due to damage resulting from modifications made to the products or resulting from failure to follow the recommendations for use of the products.
In addition, it should be noted that MONIA LISASI is not the producer, within the meaning of articles 1245 et seq. of the French Civil Code, of the products marketed via the Site, except for certain specific items. Consequently, MONIA LISASI may not be held liable for any damage caused to property and/or persons due to a defect in the products within the meaning of the aforementioned articles. Customers wishing to obtain compensation for such damage must therefore seek the liability of the supplier concerned.
MONIA LISASI shall not be held liable for any temporary or permanent damage to the customer’s computer system, nor for any loss or damage suffered as a result of accessing or browsing the Site. The transmission of data via the Internet may result in errors and/or the Site not always being available. Consequently, MONIA LISASI cannot be held responsible for the availability or interruption of the online service.
MONIA LISASI declines all responsibility for indirect damage, whether foreseeable or not, caused by the use of the Site.
In any event and within the limits authorized by law, in the event that MONIA LISASI is held liable, the total amount of compensation that MONIA LISASI may be required to pay to the customer may not exceed the selling price of the products concerned invoiced to the customer, regardless of the legal basis of the claim and the procedure used to bring it to a successful conclusion.
MONIA LISASI will only pay compensation upon presentation by the Customer of the corresponding product invoice.
In the case of professional purchases, MONIA LISASI shall not be held liable for any indirect damages, operating losses, loss of profit, loss of opportunity, damages or expenses that may arise from the purchase of Products.
ARTICLE 10 - FORCE MAJEURE
In the event of force majeure preventing MONIA LISASI from fulfilling its obligations, the contract will be immediately suspended, upon notification by either party by any means. In the same way, the party concerned will inform the other party of the cessation of this event, and performance of the contract will then resume immediately on the date of this notification.
Force majeure is defined as any event which makes it either impossible or manifestly more difficult to perform an obligation due to its unforeseeable, irresistible and external nature, these three criteria being alternative, such as epidemics, pandemics, wars, riots, fires, floods, total or partial strikes, paralysis of road or other transport routes, disruptions in energy supplies (EDF, GDF, Oil… ), telecommunications and computer network blockages, changes in regulations, delays or failures in the intervention of external partners such as suppliers or subcontractors, border closures.
The obligations of the Parties will be suspended for the duration of the force majeure. The defaulting Party will use its best efforts to limit the duration and effects of the cause of force majeure.
Should such an event continue for more than four (4) weeks after the date of notification, either party shall have the right to terminate the Contract by registered letter with acknowledgement of receipt, free of charge.
In this case, the Vendor will refund the sums paid by the Customer at the time of placing the order, to the exclusion of any other compensation due by the Vendor to the Customer.
ARTICLE 11 - CUSTOMER OBLIGATIONS
The Customer agrees to provide MONIA LISASI with all information necessary for the proper execution of orders. In this respect, the Customer remains responsible for the content and accuracy of the information he/she sends to MONIA LISASI, particularly that relating to his/her majority.
Use of the products is the sole responsibility of the Customer. Under these conditions, the customer is responsible for maintaining the product in good condition, and for using it in accordance with its intended purpose, in particular by complying with the instructions given by MONIA LISASI or its suppliers, and the specific precautions for use.
ARTICLE 12 - RIGHT OF WITHDRAWAL
In application of article L. 221-18 of the French Consumer Code, the Customer has a cooling-off period of fourteen (14) clear days from the date of receipt of the products ordered (the day of receipt of the products ordered is not counted in the period, which begins on the following day). If this cooling-off period expires on a Sunday, or a public holiday, it is extended until the next working day.
In the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of each good one after the other.
For example, item 1 is received on 01/02, its lead time begins on 02/02 and ends on 15/02, and item 2 of the same order is received on 05/02, its lead time begins on 06/02 and ends on 20/02.
However, in accordance with article L. 221-28 of the French Consumer Code:
“The right of withdrawal cannot be exercised for contracts :
3° Supply of goods made to the consumer’s specifications or clearly personalized;
4° Supply of goods likely to deteriorate or expire rapidly;
5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;”.
In order to exercise the right of withdrawal, where this can be exercised, the customer must, within the fourteen (14) day period indicated above, send MONIA LISASI the standard form for exercising the right of withdrawal (in Appendix 1 of these terms and conditions) or an unambiguous statement expressing his/her wish to withdraw, to the address indicated in Article 2 of these terms and conditions or by e-mail to the following address: hello@monialisasi.com
The Customer must return the products, at his or her own expense, to the address provided by MONIA LISASI, within fourteen (14) days of communicating his or her decision to withdraw, in their original packaging, unused and in perfect condition, without any trace or mark, with the labels, all accessories and any gifts that may have been offered.
In this respect, the Customer is reminded that, in accordance with the provisions of article L. 221-23 of the French Consumer Code, it may be held liable in the event of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these products.
In this respect, MONIA LISASI shall be entitled to apply a discount in the event of handling of products other than that strictly necessary to establish their nature, characteristics and proper functioning.
In the event of retraction of several products and if the customer does not return all of the products, MONIA LISASI will deduct the price of the missing products from the sum to be reimbursed.
MONIA LISASI undertakes to reimburse the Customer within fourteen (14) days of being informed of the Customer’s decision to withdraw. Nevertheless, MONIA LISASI is entitled to defer this reimbursement until effective recovery of the goods or until the Customer has provided proof of shipment of these goods, whichever comes first.
MONIA LISASI will carry out this refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Customer.
However, please note that we will charge a transaction fee if you request a refund following a cancellation, return or retraction.
ARTICLE 13 - RETENTION OF TITLE
Products sold by MONIA LISASI to its customers remain its property until full payment of the price in principal, costs, interest and accessories by the customer. However, the risks are transferred upon receipt of the products by the Customer.
The Customer must ensure that the Products can still be identified after delivery.
In the event of non-payment, MONIA LISASI, without losing any other of its rights, may demand by registered letter with acknowledgement of receipt the return of the products at the Customer’s expense and risk. The Customer shall also bear any legal and judicial costs.
ARTICLE 14 - PERSONAL DATA
MONIA LISASI collects and processes customers’ personal data in accordance with current regulations applicable to personal data and the Privacy Policy it has drawn up.
MONIA LISASI‘s Privacy Policy completes the present terms and conditions, of which it forms an integral part. We invite you to consult them on this page: www.monialisasi.com/politique-de-confidentialite
ARTICLE 15 - OPPOSITION TO COLD CALLING
Customers who communicate their telephone number to MONIA LISASI via the Site when ordering online, are informed that they may be registered on a list opposing telephone canvassing (Bloctel list). It is nevertheless specified that this registration does not prevent MONIA LISASI from contacting the Customer by telephone for the strict purposes of executing the present contract.
ARTICLE 16 - APPLICABLE LAW
The parties agree that the present conditions and their consequences are subject to French law. The language of the present conditions and of the relations between the parties is French.
Nevertheless, in the case of deliveries outside France, it is specified to the Customer that French law applies subject to the mandatory provisions of the law of the country in which he has his habitual residence.
ARTICLE 17 - SETTLEMENT OF DISPUTES / MEDIATION
The customer declares that he/she has been previously informed by MONIA LISASI of the possibility of resorting to a consumer mediation procedure in the event of a dispute.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, MONIA LISASI adheres to the Service du Médiateur du e-commerce of the FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows:
60 RUE DE LA BOETIE – 75008 PARIS
https://www.mediateurfevad.fr
The customer may contact this mediator for disputes relating to orders placed with MONIA LISASI on the Site. To find out how to contact the Mediator, click here.
Before referring a dispute to the aforementioned mediator, the customer undertakes to address his or her complaint to MONIA LISASI‘s customer service department at the address indicated in article 2 of these general terms and conditions.
In addition, MONIA LISASI informs the Customer of the existence of the online dispute resolution platform set up by the European Commission and of the possibility of using it in the event of a dispute with MONIA LISASI in connection with the present contract.
This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/
ARTICLE 18 - MANDATORY CUSTOMER INFORMATION
For contracts concluded before January 1, 2022
Pursuant to article L. 217-15 of the French Consumer Code, articles L. 217-4, L. 217-5, L.217-12 and L. 217-16 of the French Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the French Civil Code, are reproduced below, provisions of which the Customer expressly acknowledges having read prior to ordering.
Legal warranty of conformity
Article L. 217-4 of the French Consumer Code
“The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility.”
Article L. 217-5 of the French Consumer Code
“The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”
Article L. 217-12 of the French Consumer Code
“The action resulting from a lack of conformity is prescribed by two years from the date of delivery of the goods.
Article L. 217-16 of the French Consumer Code
“When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
Warranty against hidden defects
Article 1641 of the French Civil Code
“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 of the French Civil Code, paragraph 1
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
For contracts concluded after January 1, 2022
Legal warranty of conformity
The French Consumer Code provides for the following legal warranty of conformity:
Article L.217-4 of the French Consumer Code
“The good conforms to the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4° It is updated in accordance with the contract.
Article L.217-5 of the French Consumer Code
“I.-In addition to the criteria of conformity with the contract, the good is conforming if it meets the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned ;
2° Where applicable, it possesses the qualities which the seller has presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;
3° Where applicable, the digital elements it contains are supplied according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° If applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is supplied with updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19 ;
6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II – However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he can demonstrate :
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time the contract was concluded, the public declarations had been corrected in conditions comparable to the initial declarations; or
3° That the public statements could not have influenced the purchasing decision.
III – The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.”
Article L.217-7 of the French Consumer Code
“Defects of conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.
For second-hand goods, this period is set at twelve months.
Where the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity that appears at the time of delivery of the goods is presumed to exist:
1° During a period of two years from the delivery of the good, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of supply ;
2° For the period during which the digital content or service is provided under the contract, when the contract provides for such provision for a period of more than two years.”
Article L.217-8 of the French Consumer Code
“In the event of a lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section.
The consumer also has the right to suspend payment of all or part of the price, or to withhold the benefit provided for in the contract, until the seller has fulfilled its obligations under this chapter, in accordance with articles 1219 and 1220 of the French Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
Article L.217-9 of the French Consumer Code
“The consumer is entitled to demand that the goods conform to the criteria set out in sub-section 1 of this section.
The consumer shall request the seller to bring the good into conformity, choosing between repair and replacement. To this end, the consumer shall make the good available to the seller.
Article L.217-10 of the French Consumer Code
« La mise en conformité du bien a lieu dans un délai raisonnable qui ne peut être supérieur à trente jours suivant la demande du consommateur et sans inconvénient majeur pour lui, compte tenu de la nature du bien et de l’usage recherché par le consommateur.
La réparation ou le remplacement du bien non conforme inclut, s’il y a lieu, l’enlèvement et la reprise de ce bien et l’installation du bien réparé ou du bien de remplacement par le vendeur.
Un décret précise les modalités de la mise en conformité du bien. »
Article L.217-12 du Code de la consommation
« Le vendeur peut ne pas procéder selon le choix opéré par le consommateur si la mise en conformité sollicitée est impossible ou entraîne des coûts disproportionnés au regard notamment :
1° De la valeur qu’aurait le bien en l’absence de défaut de conformité ;
2° De l’importance du défaut de conformité ; et
3° De la possibilité éventuelle d’opter pour l’autre choix sans inconvénient majeur pour le consommateur.
Le vendeur peut refuser la mise en conformité du bien si celle-ci est impossible ou entraîne des coûts disproportionnés notamment au regard des 1° et 2°.
Lorsque ces conditions ne sont pas respectées, le consommateur peut, après mise en demeure, poursuivre l’exécution forcée en nature de la solution initialement sollicitée, conformément aux articles 1221 et suivants du code civil.
Tout refus par le vendeur de procéder selon le choix du consommateur ou de mettre le bien en conformité, est motivé par écrit ou sur support durable. »
Article L.217-13 du Code de la consommation
« Tout bien réparé dans le cadre de la garantie légale de conformité bénéficie d’une extension de cette garantie de six mois.
Dès lors que le consommateur fait le choix de la réparation mais que celle-ci n’est pas mise en œuvre par le vendeur, la mise en conformité par le remplacement du bien fait courir, au bénéfice du consommateur, un nouveau délai de garantie légale de conformité attaché au bien remplacé. Cette disposition s’applique à compter du jour où le bien de remplacement est délivré au consommateur. »
- Garantie légale des vices cachés
Article 1641 du Code civil
« Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus. »
Article 1644 du Code civil
« Dans le cas des articles 1641 et 1643, l’acheteur a le choix de rendre la chose et de se faire restituer le prix, ou de garder la chose et de se faire rendre une partie du prix. »
Article 1648 alinéa 1 du Code civil
« L’action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice. »
APPENDIX 1 - WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
Attention :
MONIA LISASI
I hereby notify you of my withdrawal from the contract for the sale of the property below:
Ordered on (*) / received on (*) ……………………………………………………………………………………………..
Name of consumer(s): ……………………………………………………………………………………………………
Address of consumer(s): ………………………………………………………………………………………………
Signature of the consumer(s) (only in case of notification of this form on paper) :
Date: …………………………………………………………….
(*): Delete where not applicable
