The present conditions of sale are concluded on the one hand by :
Claire Vitoux, whose registered office is located at 89 rue Pelleport, 75020 Paris and registered with the Répertoire des Entreprises et des Etablissements (SIRENE) under the number 788 709 905 hereinafter referred to as “The Minimal Plan” or “the Seller” and who manages the website theminimalplan.com.
and, on the other hand, by:
any individual or legal entity wishing to make a purchase via the website theminimalplan.com hereinafter referred to as “the Buyer” or “the Customer”.
Article 1. Subject
The present conditions of sale aim at defining the contractual relations between The Minimal Plan and the buyer and the conditions applicable to any purchase made through the website theminimalplan.com. The acquisition of a product through the present site implies an acceptance without reserve by the buyer of the present conditions of sale of which the buyer acknowledges to have taken knowledge prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the theminimalplan.com website is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have full legal capacity, allowing them to commit themself under these general conditions of sale.
The Minimal Plan retains the possibility to modify at any time these terms and conditions of sale, in order to respect any new regulation or in order to improve the use of its site. Therefore, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products
The products offered are those listed on the site theminimalplan.com and within the limits of available stocks. The Minimal Plan reserves the right to modify the range of products at any time. Each product is presented on the website with a description including its main technical characteristics. The buyer certifies that he has received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer’s order within the limits of available product stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French or English. In accordance with French law, they are summarised and confirmed when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The sale of the products presented on the site theminimalplan.com is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
In accordance with the legal provisions on compliance and latent defects, the Seller will refund or exchange defective products or not corresponding to the order.
Article 3. Prices
The prices appearing on the product sheets of the internet catalogue and are prices in Euros (€) all taxes included (TTC). The Minimal Plan reserves the right to modify its prices at any time, it being however understood that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order.
Article 4. Availability and presentation
Orders will be processed within the limits of the available stocks or subject to stocks available from our suppliers. In the event of unavailability of an article for a period exceeding 10 working days, the Customer will be immediately informed of the foreseeable delivery times and the order of this article may be cancelled on request. The Customer may then request a credit note for the amount of the article or its refund.
Article 5. Delivery
For all orders shipping out of France, a flat-rate contribution to shipping costs will be invoiced to the buyer for an amount starting at 8.40 euros including all taxes.
The available carriers are :
- Tracked letter (tracked shipment operated by La Poste) for all orders under 500g weight
- Colissimo (Follow-up or recommended) for all orders exceeding 500g weight
The carrier is automatically determined based on the total weight and volume of all items in the order.
Delivery times are only given as an indication; if they exceed forty days from the order, the contract of sale may be terminated and the buyer reimbursed. The Minimal Plan will be able to provide by e-mail to the buyer the tracking number of his parcel. The risks related to the transport are at the charge of the buyer from the moment the items leave the premises of The Minimal Plan. The buyer is required to check in the presence of the delivery man, the state of the packaging of the goods and its contents at the delivery. In case of damage during transport, any protest must be made to the carrier within three days of delivery.
In the event of late delivery, the Customer has the possibility of cancelling the contract under the conditions and terms defined in Article L 138-2 of the French Code de la consommation. The Seller shall then proceed to reimburse the product and the “outward” costs under the conditions of Article L 138-3 of the Code de la consommation. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to them. It is the Customer’s responsibility to notify the carrier of any reservations about the delivered product.
Article 6. Conclusion of the online contract
The Customer will have to follow a series of steps specific to each product offered by the Seller in order to complete his order. However, the steps described below are systematic:
– Information on the essential characteristics of the Product;
– Choice of the Product, its options, if any, and indication of the Customer’s essential data (identification, address, etc.);
– Acceptance of the present General Terms and Conditions of Sale.
– Verification of the elements of the order and, if necessary, correction of errors.
– Follow-up of payment instructions, and payment of the products.
– Delivery of the products.
The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with Article 1316-1 of the Code Civil (French law), the Customer undertakes to provide his or her true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 7. Terms of payment
Payment is due immediately upon ordering, including for pre-ordered products. The Minimal Plan proposes to the buyer to order and pay his products in several steps, with 1 payment option :
– Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he wants to order in the “cart”, modifies if necessary (quantities, references…), checks the delivery address or gives a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the method of payment of his choice: “Payment by Paypal”. The next step is to check all the information, read and accept the present terms and conditions of sale by ticking the corresponding box, then invites the buyer to confirm his order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure interface PAYPAL in order to securely enter his Paypal account or personal credit card details. If the payment is accepted, the order is registered and the contract is definitively formed. Payment by Paypal account or credit card is irrevocable. In case of fraudulent use of the latter, the buyer may demand the cancellation of the payment by card, the sums paid will then be recredited or refunded. The responsibility of the holder of a bank card is not engaged if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. In order to obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest the debit in writing with his bank within 70 days of the transaction, or 120 days if the contract binding them to the bank so provides. The amounts debited are reimbursed by the bank within a maximum period of one month after receipt of the written objection from the cardholder. The holder may not be charged for any costs incurred in returning the sums.
Confirmation of an order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation to avail oneself of one’s own terms and conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an e-mail address and if he has given it on his order form, The Minimal Plan will send them by e-mail the confirmation of the registration of his order.
If the buyer wishes to contact The Minimal Plan, he can do it either by mail at the following address: Claire Vitoux, 89 rue Pelleport, 75020 PARIS; or by email at the following address: email@example.com.
Article 8. Retention of title
The Minimal Plan retains full and complete ownership of the products sold until full payment of the price, including principal, fees and taxes.
Article 9. Withdrawal
Under Article L121-20 of the Code de la consommation, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where appropriate, of the cost of return”. “The period mentioned in the previous paragraph shall run from receipt in the case of goods or from acceptance of the offer in the case of services.
The right of withdrawal can be exercised by contacting The Minimal Plan by email firstname.lastname@example.org. In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the purchased product(s) will be refunded, the return costs remain at the expense of the Customer. Products must be returned in their original condition, in their original packaging and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new; if possible, they must be accompanied by a copy of the proof of purchase.
Article 10. Retention of title clause
The products remain the property of the Seller until full payment of the price.
Article 11. Warranty
In accordance with the French law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller shall reimburse the buyer or exchange products that are apparently defective or do not correspond to the order made.
All products supplied by The Minimal Plan benefit from the legal guarantee provided by articles 1641 and following of the Code Civil. In case of non-conformity of a product sold, it can be returned to The Minimal Plan who will take it back, exchange it or refund it.
Article 12. Complaints
All claims, requests for exchange or refund must be made by post to the following address: Claire Vitoux, 89 rue Pelleport, 75020 PARIS, within thirty days after delivery.
Article 13. Responsibility
The Minimal Plan in the distance selling process, is only bound by an obligation of means. Its responsibility could not be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
Article 14. Intellectual property rights
All the elements of the site theminimalplan.com are and remain the intellectual and exclusive property of The Minimal Plan. No transfer of intellectual property rights is carried out through the present Terms and conditions. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 15. Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure that would prevent performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 16. Nullity and modification of the contract
If one of the stipulations of the present contract were to be cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 17. Personal data
The Minimal Plan commits itself to preserve the confidentiality of the information provided by the buyer, which he would be led to transmit for the use of certain services. Any information concerning them is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, the Internet user has a right of access, modification and deletion of information concerning them. He may request this at any time by mail to the following address: Claire Vitoux, 89 rue Pelleport, 75020 PARIS.
Article 18. Settlement of disputes
All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.