PREAMBLE
1 - The site www.livedeco.com is published by the company MANCUP SARL, whose head office is located in Saint Egreve (38120), 8 rue des Glairaux, registered under the unique identification number 501 144 216 RCS Grenoble (MANCUP).
MANCUP is the author of the sales offer for the products presented on its website. www.livedeco.com (hereinafter the "Website")
2 - These General Sales Conditions apply between MANCUP "LiveDeco"and the Website Client.".
The General Terms and Conditions of Sale, as well as the order form and the order confirmation constitute the sales contract between the Customer and MANCUP.LiveDeco"related to the sale of the ordered Products.".
Any order placed on the Website requires the Customer to accept the General Terms and Conditions of Sale in their entirety beforehand and without reservation. In case of disagreement with the terms and conditions of the General Terms and Conditions of Sale, the Customer should not use the Website.
MANCUP "LiveDeco"reserves the right to adapt or modify these General Terms of Sale at any time and without notice, the adaptations or modifications then being applicable to all orders subsequent to these adaptations or modifications.".
In the event of a modification, the General Terms and Conditions of Sale applicable to the customer's order are those that were online, and which the customer accepted on the day of placing their order.
3 - For any information related to the execution of one or more Orders, or the processing of a complaint, the Customer must contact the Customer Service:
- By phone: 01 79 72 50 05 (local call cost) from Monday to Friday from 10 am -12 pm and from 2 pm to 5 pm.
- By mail to the following address: LIVEDECO / MANCUP: 8, RUE DES GLAIRAUX - 38120 SAINT EGREVE
- By email: [email protected]
ARTICLE 1 - DEFINITIONS
The terms and expressions identified by a capital letter in the General Terms of Sale have the meaning indicated below (whether they are used in the singular or plural).
- "General Terms and Conditions of Sale": refers to this document, which are the terms and conditions applicable in the relations between MANCUP.LiveDeco"and the Client;" ;
- "Order": refers to the customer's purchase order for one or more Product(s) placed through the use of the Website or via the Customer Service ;
- "Website": refers to the website accessible at the address www.livedeco.com edited by MANCUP "LiveDeco" and/or to any other address with a different extension ;
- "Product": refers to a product offered for sale on the website ;
- "Client": refers to a legally adult consumer who uses the website and purchases one or more product(s) for personal needs, through the website after previously agreeing to the General Terms and Conditions of Sale.
ARTICLE 2 - OBJECT
The General Terms and Conditions define the rights and obligations of MANCUP.LiveDeco"and the Customer in the context of the sale of Products by MANCUP"LiveDeco"on the Website or through the Customer Service of the Site set up by MANCUP"LiveDeco".".
Any use of the Website and any placement of an Order for one or more Product(s) through the Website implies the full and unconditional acceptance of all the General Terms and Conditions of Sale.
The General Terms of Sale are reserved for consumer buyers.
Only individuals who are legally capable of entering into contracts concerning the Products offered for sale on the Site can place an Order on the Website. When placing the Order, the Customer guarantees they have full legal capacity to adhere to the General Sales Conditions, place an Order, and conclude a sale.
ARTICLE 3 - CREATION OF AN ACCOUNT
To order Products from the Website, the Customer must create an account by providing the required information in the registration form.
To this end, the Client declares to provide complete, accurate personal information that allows for their precise identification in any situation. Any fanciful or slanderous personal information may result in the closure of the Client's account and the cancellation of their Order.
When creating their account, the client chooses a username and a password. The client commits to keeping their username and password confidential.
This account will be accessible at any time by the client using their login credentials.
The Client is responsible for all actions carried out on the Website using their username and password. Any user registered on the Site will be committed to any Order placed with the entry of their credentials, subject to the right of withdrawal of the article. 9.4.
ARTICLE 4 - ORDERING METHODS - PLACEMENT
4.1. The Customer can place an Order, in French, directly on the Website, after entering their identifiers, in accordance with Article 3.
4.2. While browsing through the different sections of the website, the customer can place the products of their choice in their shopping cart by clicking on the "Add to cart" button. At any time and until confirmation of the overall order, the customer can change their mind, change quantities, and cancel one or more of the selected products.
Each of the steps necessary for the sale are specified on the website.
Any information about the Products can be given, and any Order can also be placed by the Customer, in French, directly with Customer Service at 01 79 72 50 05 (local call rate).
For any information request or any Order, the Customer bears the cost of telecommunication when accessing the Internet and using the Website, or when calling the Website's Customer Service.
4.3. In accordance with the provisions of Article 1127-2 of the Civil Code, the Customer will have the opportunity to check the details of their Order and its total price and, if necessary, correct or modify it before definitively confirming it to express their acceptance.
MANCUP "LiveDeco"Cannot be held responsible for input errors made by the Customer, nor for their possible consequences in terms of delay or delivery error. In these cases, the costs incurred by a possible reshipment will be borne by the Customer.".
4.4. Once the content of their shopping cart is validated, the customer must: - complete all the requested information, including those related to the content and payment methods ;
- declare to accept without reservation the entirety of the General Terms of Sale.
After providing or modifying this information and subject to having expressly accepted the General Sales Conditions, the customer will finalize their order by clicking on the "Validate my order" button located on the payment page.
The validation of the order by the customer's "double click" constitutes acceptance of the prices and characteristics of the products purchased by the customer.
ARTICLE 5 - ORDER PROCEDURES - CONFIRMATION
5.1. Once the Order is validated by the Customer in accordance with the terms of Article 4.4, a confirmation email, acknowledging receipt of the Order and containing all of this information, is sent by MANCUP.LiveDeco"to the Client as soon as possible.".
5.2. The order will only be considered final after it has been sent by MANCUP.LiveDeco"to the Customer of the confirmation email referred to in Article 5.1, and the sale of the Product(s) will only be recorded from the payment of the corresponding price by the Customer.".
5.3. The offers of products and prices are valid as long as they appear on the website, it should be noted that the website is updated daily.
Product offers are subject to availability. In the event that a product is unavailable, particularly due to a stock shortage, MANCUP "LiveDecoCommits, on one hand, to remove it from the website as soon as possible.
Commercial or promotional operations are mentioned as such on the website and indicate their validity period.
5.4. In the event that a Product ordered by the Customer is unavailable, particularly due to a halt in production or distribution by a supplier, MANCUP "LiveDeco"commits to inform the Customer by e-mail as soon as they become aware of this unavailability.".
MANCUP "LiveDeco"will then inform the Customer, if applicable, of the new timeframe under which the concerned product will be made available and offer, if available, an equivalent product.".
In case of the Client's refusal to wait for the product's availability, or their refusal of an equivalent product, the Client will be refunded the price of the Product if their bank account has been debited, within 14 days following the date of confirmation of this refusal.
5.5. In accordance with the provisions of article L.121-11 of the Consumer Code, MANCUP "LiveDeco"has the right to refuse any order for legitimate reasons, including in cases of payment issues, foreseeable delivery problems, abnormal orders, or orders placed in bad faith. MANCUP "LiveDeco"also reserves the right to request proof of identity via email and/or phone, in which case the customer will then have the option to cancel their order.".
Upon receipt of the order, MANCUP "LiveDeco"has the right to refuse it in the case where the prices displayed online or resulting from the order would be, especially due to an error or technical malfunction, computer bug, derisory compared to the real sale price of the Product.".
ARTICLE 6 - ORDER PROCEDURES - PRODUCT PRICES
6.1. .The price of the products indicated on the website is in Euros, including all taxes.
The price of the products is quoted excluding the customer's contribution to logistics preparation costs (processing; shipping) and delivery, which remain the responsibility of the customer. The total amount of their contribution to these costs is communicated to the customer, either when they log on to the website or when they call the Customer Service, before they proceed to validate their order.
6.2. For deliveries of Products outside French territory, the provisions provided by the General Tax Code in relation to VAT will be applicable. For a delivery outside the European Union, the Customer will have to pay customs duties, VAT or other taxes due at the time of importing the products into the country of the delivery location.
The formalities related to this are the sole responsibility of the Client, unless otherwise indicated. The Client is solely responsible for verifying the possibilities of importing the ordered products in accordance with the law of the delivery country's territory.
6.3. MANCUP "LiveDeco"reserves the right to change prices at any time and without notice, but the price applicable to the Customer's Order will remain as indicated in the summary of their shopping cart at the time of validating their order. The prices displayed online or resulting from the Order are guaranteed, unless they prove to be, particularly due to an error or technical malfunction, computer bug, derisory compared to the actual selling price of the Product.".
ARTICLE 7 - PAYMENT
7.1. Payment Scope The price of the Products and the costs of logistical preparation and delivery are payable in full by the Customer at the time of placing the Order.
The Client also undertakes to pay or arrange payment, if necessary, directly to the freight forwarder or carrier, for customs duties, VAT or other taxes due at the time of importing the products into the country of the delivery location.
7.2. Payment Method The payment of the Order can be made by the Customer by credit card, in a secure environment, according to the terms proposed on the Website.
The payment order made by bank card cannot be cancelled. The payment of the order by the customer is irrevocable, without prejudice to the customer's right of withdrawal.
For an order through the site www.livedeco.com, or by phone through Customer Service, the Customer confirms and guarantees that they are the holder of the bank card and that it provides access to sufficient funds to cover the payment of the Order.
The Client's bank account will be debited after a delay of one (1) day following the date of the Order confirmation. The payment will be considered effective after confirmation of the agreement from the bank payment centers.
The Customer can also pay for the Order:
- By check made payable to MANCUP "LiveDeco». If the check is not received within 7 days of the order confirmation by MANCUP "LiveDeco"or in case of rejection of the check by the bank, MANCUP"LiveDeco"reserves the right to cancel the Order"
- By bank transfer to the order of MANCUP "LiveDeco"(the bank details being provided at the time of placing the Order. In the absence of receiving the transfer within 7 days of the confirmation of the Order by MANCUP "LiveDeco"or in case of rejection of the transfer by the bank, MANCUP"LiveDeco"reserves the right to cancel the Order"
- Via Paypal. The customer then guarantees to MANCUP "LiveDeco"that he has the necessary authorizations to use this payment method when placing the order"
- Through a financing method: 3X WITHOUT FEES FRANFINANCE.
The Client guarantees to MANCUP "LiveDeco"that he has the necessary authorizations to use these payment methods when placing an order.".
In general, the Client guarantees to MANCUP "LiveDeco", when placing the Order, that he is fully authorized to use the means provided for the payment of his order and that he has any necessary authorizations to use the concerned payment method.
The website uses one of the most efficient SSL (Secure Socket Layer) encryption security systems to protect all sensitive data related to payment methods. For the security of transactions, MANCUP "LiveDeco"uses a partner Atos Worldline subject to the so-called "PCI-DSS" security standard (Payment Card Industry Data Security Standard). When the customer makes a payment, their bank details are encrypted with the HTTPS protocol and then transmitted to servers that are the only ones capable of decrypting them. In order to prevent abuse and/or fraud, bank authorizations and data are then verified directly with the customer's bank. The customer also has the option to save their payment card information, such as CB, Visa, MasterCard or American Express, to facilitate future purchases on the website. This information is stored and secured by our partner Atos Worldline: MANCUP."LiveDeco", never has access to confidential information related to said payment method.
7.3. Default of payment and retention of title The ordered Products remain the property of MANCUP "LiveDeco"until the final and full payment of the sale price.".
In case of delivery and non-payment, MANCUP "LiveDeco"Has the right to claim the ordered products, the customer, on his part, commits to return any unpaid product, all costs to his charge.".
ARTICLE 8 - DELIVERY
8.1. Delivery Location As a rule, the delivery of the Products will take place, after recording the payment of the Order, at the delivery address indicated by the Customer during the placing of the Order. An email will be sent to the Customer to announce the shipment of the Products.
MANCUP "LiveDeco"Ensures the delivery of orders in the following countries and territories: France and Europe.".
The Customer also has the option to have the Products delivered to a physical person of their choice whose permanent residence is located in mainland France.
8.2. Participation in preparation and delivery costsThe total amount including all taxes (TTC) of the customer's contribution to the logistical preparation costs (processing; shipping) and delivery of the order will be indicated to the customer before the final validation of the order.
8.3. Delivery Time The delivery time will be indicated to the Customer during the ordering process, prior to the validation of the Order and before payment.
In any case, the maximum delivery time is thirty (30) working days from the order of the Product, unless otherwise indicated to the Customer before placing the Order.
If an Order contains Products deliverable at different dates, the Customer may choose to receive their Products separately according to the dates announced on each Product sheet by contacting MANCUP's Customer Service.LiveDeco"; however, this option may result in the Customer bearing a larger share of the logistical preparation and delivery costs, which will be communicated by the Customer Service. If the Customer chooses to receive their Order all at once, it will be delivered according to the latest delivery time.".
In case of delivery delay, the Customer may cancel the sale under the conditions provided by Article L.216-2 of the Consumer Code, provided that the delivery delay observed is not attributable to the Customer, particularly in case of unavailability to receive their delivery.
8.4. Delivery location A delivery is considered to be made as soon as the Customer physically takes possession of the Product at the delivery location agreed with the Customer when placing the Order and, if applicable, with the carrier. The taking of possession of the Product is validated by the control and traceability system used by the carrier.
8.5. Product Withdrawal in Case of Absence In case of failure to withdraw within the deadlines set by the carrier, the products will be returned to MANCUP "LiveDeco", which reserves the right to reimburse the price to the Customer, with the shipping costs remaining at the Customer's expense.
8.6. Effect of Delivery The transfer of risk occurs upon delivery, at the moment when the Customer physically takes possession of the Products at the delivery address indicated by the Customer, or from the carrier.
Without prejudice to the period available to the Customer to exercise his right of withdrawal, upon receipt of the Products, it is up to the Customer or the recipient to ensure that the delivered Products match his Order, and to check the condition and conformity of the Products in relation to his Order.
The Client (or, if applicable, the recipient) will formalize their acceptance of the delivery by signing the delivery receipt issued by the carrier.
If, upon delivery, the external appearance of the package is not perfect, the Client or the recipient of the Products will proceed to open the package in the presence of the carrier to check the condition of the Products. In case of damage resulting from transport, the Client must refuse the damaged Products and indicate "refusal due to damage" on the return slip.
In the event of an apparent defect in the package, the Customer must make all reservations and claims that appear justified; it will be up to them, if necessary, to refuse the package.
Without prejudice to the guarantees that the Client benefits from under Article 9, for any claim relating to an apparent defect or damage during the delivery of the Product, the Client must promptly get in touch with Customer Service in order, on the one hand, to preserve the rights of MANCUP.LiveDeco"vis-à-vis the carrier, and on the other hand, in the event that the Product is still in the possession of the Customer, initiate the return procedure under the conditions provided in the article" 9.4.
In the event of a refusal of delivery or return of the Product for the reasons stated in the previous paragraph, the Customer may request a new delivery or cancellation of their order under the conditions of the article. 9.1.3.
ARTICLE 9 - COMPLIANCE - WARRANTY - RIGHT OF WITHDRAWAL
9.1. Product compliance
The legal guarantee of conformity mentioned in articles L.217-4 to L.217-14 of the Consumer Code and that relating to defects in the thing sold, mentioned in articles 1641 to 1649 and 2232 of the Civil Code, will apply in accordance with the law.
In the event of action under the legal guarantee of conformity, the consumer:
- has a period of two years from the delivery of the goods to take action,
- can choose between the repair or replacement of the goods, subject to the cost conditions provided for by Article L.217-9 of the Consumer Code,
- is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods. This period is six (6) months for used goods. The legal guarantee of conformity applies regardless of the commercial warranty. In the event that the consumer decides to implement the warranty against hidden defects of the item sold as provided by article 1641 of the civil code, they can choose between the cancellation of the sale or a reduction in the sale price in accordance with article 1644 of said code.
9.1.1. The information and descriptions mentioned for each Product sheet, including photographs, technical characteristics and description, are communicated to MANCUP "LiveDeco"by the manufacturers of the Products.".
In accordance with Article L.111-1 of the Consumer Code, MANCUP "LiveDeco» aims to inform the Customer and enable them to know the essential characteristics of the Product.
Before shipping, the products delivered to the customer are checked to ensure their conformity with the description provided on the website.
However, it is specified that, for technical reasons (photographic and computer-related), the actual rendering of the Products may sometimes slightly differ from that of the photographs presented on the Site.
9.1.2. Notwithstanding, if applicable, the specific warranty conditions that the Client benefits from for the considered Product, the Products presented on the Website are subject to the following legal warranty conditions.
According to article L.217-4 of the Consumer Code: "The seller delivers a good in accordance with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been entrusted to him by the contract or has been carried out under his responsibility.".
According to article L.217-8 of the Consumer Code:
"The buyer has the right to demand that the goods comply with the contract.".
According to article L.217-5 of the Consumer Code:
To comply with the contract, the property must:
- To be suitable for the usual expected use of a similar good and, if applicable:
• Match the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
• Present the qualities that a buyer can legitimately expect in light of public statements made by the seller, the producer, or his representative, especially in advertising or labeling;
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, made known to the seller and which the latter has accepted.
- According to Article L.217-7 of the Consumer Code: "Non-compliance defects that appear within 24 months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For used goods sold, this period is set at six months. The seller can contest this presumption if it is not compatible with the nature of the goods or the non-compliance defect invoked." - According to Article L.217-12 of the Consumer Code: "The action resulting from the defect of conformity is prescribed by two years from the delivery of the goods."
9.1.3. In accordance with articles L.217-9 and L.217-10 of the Consumer Code, the repair of the consequences of non-compliance or hidden defects, duly established and confirmed as such by MANCUP "LiveDeco", includes at the customer's choice, unless this wish entails a manifestly disproportionate cost, considering the value of the product or the extent of the defect, compared to the other option, the repair or replacement of the product.
If the repair and replacement of the property are impossible, the Customer can return the property and get a refund of the price or keep the property and get a partial refund of the price.
In these various scenarios, the Customer must contact the Customer Service and agree on the return conditions of the concerned Product by following the procedure provided in the "My Orders" section of the Website.
As far as it is founded, the application of the provisions of articles L.217-9 and L.217-10 of the Consumer Code, takes place without any cost to the buyer.
9.1.4 In the specific case of special operations of Products not being sold as new, MANCUP "LiveDeco"will specify any potential defects of the Products. These defects will be taken into account in the event of the implementation of Article L.217-8 of the Consumer Code.".
9.2. Extended Warranty: Some Products come with an extended warranty. In these cases, the terms and duration of the warranty are specified in the warranty card provided with the Product. This does not cover damage, breakages, or malfunctions resulting from non-compliance with usage precautions.
To implement the extended warranty, the Customer will need to contact the Customer Service to learn about the specific procedure that results from it.
The product will be exchanged for an identical product. It will be delivered to the customer at the expense of MANCUP.LiveDeco", except in case of stock shortage or discontinuation of the Product from the offered range. In this latter case, MANCUP "LiveDeco"will proceed with the refund of the Product's price to the Customer.".
9.3. Hidden defects warranty
According to Article 1641 of the Civil Code: "The seller is obliged to guarantee against hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so reduce this use that the buyer would not have acquired it, or would have paid a lower price, if they had known about them". According to Article 1642 of the Civil Code: "The seller is not liable for apparent defects and which the buyer was able to convince himself of". According to Article 1643 of the Civil Code: "He is liable for hidden defects, even if he did not know them, unless, in this case, he has stipulated that he will not be obliged to any guarantee". According to Article 1644 of the Civil Code: "In the case of Articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or of keeping the thing and having a part of the price returned, as it will be arbitrated by experts". According to Article 1645 of the Civil Code: "If the seller knew of the defects of the thing, he is obliged, in addition to the restitution of the price he received, to pay all damages and interest to the buyer". According to Article 1646 of the Civil Code: "If the seller was unaware of the defects of the thing, he will only be obliged to refund the price, and to reimburse the buyer for the costs incurred by the sale". According to Article 1647 of the Civil Code: "If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be obliged to the buyer to refund the price and the other damages explained in the two previous articles. But the loss occurred by chance will be for the buyer's account". According to Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect".
9.4. Right of withdrawal
9.4.1. MANCUP "LiveDeco"Believes that any customer who is not satisfied with the products ordered should be able to exercise their right of withdrawal, without penalties, under the best conditions.".
In accordance with Articles L.221-18 and following of the Consumer Code, the legal deadline for the right of withdrawal is fourteen clear days from the receipt of the Product.
The Customer returning the Product as part of exercising their right of withdrawal, has the right to a refund for the price of the ordered Products and the delivery costs. As proposed by MANCUP.LiveDeco", the Customer who has exercised his right of withdrawal may however opt for an exchange or the issuance of a credit note.".
9.4.2. To exercise this right of withdrawal, MANCUP "LiveDeco"suggests that the customer follow the procedure provided in the "My Orders" section of the website or contact Customer Service at 01 79 72 50 05 (cost of a local call) or use the withdrawal form below:"
In accordance with Article L221-5 of the Consumer Code, ("Hamon law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site:
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of:
MANCUP LLC / LIVEDECO.COM
8 GLAIRAUX STREET
38120 ST EGREVE
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the good (*) / for the provision of the services (*) below:
Ordered on (*)/received on (*):
Name of the Client(s):
Address of the Client(s):
Signature of the Client(s) (only in the case of notification of this form on paper):
Date:
Cross out the unnecessary mention.
The refund will be made, at the latest, within fourteen days from the date on which MANCUP "LiveDeco"has been informed of the Customer's decision to withdraw. The refund may be delayed until the product is recovered by the MANCUP Returns department."LiveDeco"or until the Customer has provided proof of the Product's shipment, the date chosen being that of the first of these events.".
The refund will be made according to the payment method used for the order.
Only the return or exchange of complete products (accessories, instructions...) and in perfect resale condition (not dirty, not damaged, not worn) will be accepted. To facilitate the processing of your request and speed up the refund, we recommend that you send us the return slip carefully filled out.
The cost of returning the goods of the Product remains the responsibility of the Customer, except in cases of a proven lack of conformity or hidden defects in the Product.
9.4.3. In case of exercising the right of withdrawal for only part of the Order, only the price charged for the returned Products will be refunded.
In case of a partial cancellation of the order, the customer who initially benefited from free delivery due to exceeding a certain order amount, may be recharged the corresponding delivery fees for their actual order, if it falls below the free delivery threshold.
9.4.4. By exception, the right of withdrawal cannot be exercised for the contracts listed in Article L.221-28 of the Consumer Code, including notably contracts for the supply of goods made according to the consumer's specifications or clearly personalized, or which, due to their nature, cannot be reshipped or are likely to expire quickly.
The products affected by the exclusion of the right of withdrawal are indicated as such to the customer, prior to the order, in the descriptive sheets.
9.5. Return Procedure The Products must be returned to MANCUP "LiveDecoTo the following address:
MANCUP "LiveDeco" "
8, GLAIRAUX STREET
38120
SAINT EGREVE
The products must be returned properly protected and in their original packaging. They should be in perfect resale condition. Any product returned incomplete, damaged, washed, impaired, deteriorated, soiled, even partially, will not be refunded or exchanged.
The customer proceeds with the return of the products. We recommend keeping proof of the return to facilitate procedures in case of problems occurring during transport.
Except in cases of non-compliance or hidden defects of the Product, the cost of returning the goods is the responsibility of the Customer.
ARTICLE 10 - CONDITIONS OF USE OF THE PRODUCTS
10.1. Before placing any order and using any Products, the Customer must read all the information provided on the Website, inquire about the characteristics and components of the Products, and ensure that they are compatible with the intended use.
The price of the products is quoted excluding the customer's contribution to logistics preparation costs (processing; shipping) and delivery, which remain the responsibility of the customer. The total amount of their contribution to these costs is communicated to the customer, either when they log on to the website or when they call the Customer Service, before they proceed to validate their order.
10.2. The Customer undertakes to systematically follow the usage instructions indicated by the manufacturer on the packaging and in the product's user manual before any use. For any additional information regarding the characteristics of the Products, please contact MANCUP's Customer Service.LiveDeco"Is at the client's disposal.".
ARTICLE 11 - LIABILITY
11.1. The products presented on the website comply with current French legislation and applicable standards in France.
MANCUP "LiveDeco"is committed exclusively to complying with the legal provisions applicable in France. No regulations specific to the country of delivery and/or consultation of the Website can be opposed to MANCUP."LiveDeco"."
The Customer is solely responsible for complying with the regulations applicable in their country of residence or in the destination country of the Products. It is their responsibility to inquire with the local authorities concerned about any possible import, export or usage limitations of the Products they plan to order on the Website.
11.2. The service provided by MANCUP "LiveDeco"» is limited to the supply of Products under the conditions described in the General Terms and Conditions of Sale. Under no circumstances will MANCUP's liability "LiveDeco"cannot be sought for advice, recommendations, and terms of use of the Products provided by the manufacturers on the Internet site or on their user manuals.".
11.3. The responsibility of MANCUP "LiveDeco" is limited to direct and foreseeable damages that may result from the Customer's use of the Website and Products. MANCUP "LiveDeco"does not accept liability for damages resulting from the Client's fault in the use of the Products."
The responsibility of MANCUP "LiveDeco"cannot be held liable if the non-performance or poor performance of its own obligations is attributable to the Client, to the unforeseeable and insurmountable act of a third party not involved in the delivery of the Products, or to an unforeseeable, irresistible and external force majeure."
In general, "MANCUP"LiveDeco"Cannot under any circumstances be held liable for indirect or unforeseen damages caused in the context of using the Website and Ordering Products.".
11.4. The responsibility of MANCUP "LiveDeco» cannot be held liable under any circumstances for (i) the content available on other websites or Internet sources accessible through hypertext links inserted on the Internet Site (and in particular due to advertisements, products, services or any other information), nor (ii) any damages of any kind that may be suffered by the Client during a visit to these sites.
The use of the Website implies the Client's knowledge and acceptance of the characteristics and limitations of the Internet and related technologies, the lack of protection of certain data against potential misuse or hacking, and the risk of contamination by potential viruses circulating on the network.
MANCUP "LiveDeco"being itself dependent on the quality of the Internet network, it does not guarantee the continuity of the Internet Site and does not ensure the correction of defects observed on the Internet network. Consequently, MANCUP"LiveDeco"cannot be considered as being responsible for any unavailability of the website or any connection difficulty or interruption of the connection (server malfunction, telephone line, or any other technical connection) during the use of the website or, more generally, any internet network disruptions affecting the use of the website. In this context, MANCUP "LiveDeco"is not responsible for sending forms to an incorrect or incomplete address, any computer errors or defects found on the Site.".
11.5. Subject to contrary provisions, the Website is accessible from anywhere, provided that minimum technical conditions are met, particularly in terms of access to the Internet network, mobile telephony, and technical compatibility of the equipment used by the Client. Given the global nature of the Internet network, the Client agrees to comply with all public order rules relating to the behavior of Internet network users applicable in the country from which they are using the Website.
ARTICLE 12 - ELECTRONIC FILE - PERSONAL DATA PROTECTION
12.1. In order to process the orders, MANCUP "LiveDeco"Processes personal data concerning the Client, identified as mandatory in the forms appearing on the Website.".
12.2. MANCUP "LiveDecoIs committed to respecting the confidentiality of personal data provided by customers on the website and to processing them in accordance with the Data Protection Act of January 6, 1978, as amended and currently in force.
The database established by MANCUP "LiveDeco"For this purpose, a declaration has been made to the CNIL, in accordance with the requirements of the Data Protection Act.".
12.3. The customer's personal data is collected and processed by MANCUP.LiveDeco"for the processing of Orders.".
Based on the choices made during the creation or consultation of their accounts on the Website, the Customer will decide whether they wish to receive from MANCUP "LiveDeco"and/or its partners, commercial or promotional offers by email. If a customer no longer wishes to receive such offers, they can request to stop receiving them at any time by clicking on an electronic link available in the emails and newsletters, or by modifying their account directly on the website." www.livedeco.com.
12.4. MANCUP "LiveDeco"may be required to communicate this data for the purposes of processing and delivering orders by its providers, or after-sales service, and to conduct satisfaction surveys. In addition, MANCUP"LiveDeco"may also disclose this data in response to a directive from judicial or administrative authorities.".
12.5. The Client may exercise their individual right to access the file, their right to object, correct or delete data concerning them, either by modifying their personal information themselves in the "My Account" section under "Help", or by sending their request to MANCUP.LiveDeco"(indicating email address, first name, last name, postal address), by email to the address [email protected] or by postal mail to the following address: MANCUP/LIVEDECO 8, rue des glairaux - 38120 Saint Egreve.
12.6. .The Website is designed to be particularly attentive to the needs of the Customers. Therefore, cookies are used, the purpose of which is to signal the Customer's visit to the Website for the constitution of their shopping cart.
Cookies are stored on the client's hard drive for a maximum duration of thirteen (13) months.
The Client may object to the recording of these cookies on their computer's hard drive by configuring their browser as follows:
For Mozilla Firefox:
- Select the "tool" menu;
- click on the "Clear my traces" icon;
- Locate the "cookie" menu and select the options that suit you.
For Microsoft Internet Explorer 6.0, 7.0 and 8.0:
- Select the "Tools" menu (or "Tools"), then "Internet Options" (or "Internet Options");
- Click on the "Privacy" tab.;
- Select the desired level using the slider.
ARTICLE 13 - SUSPENSION - TERMINATION
The Client can cancel their registration on the Website and close their account at any time. The Client will send their cancellation request to the Customer Service for this purpose.
In the event of a breach by the Client of any of its contractual obligations, particularly in the case of a payment incident, MANCUP "LiveDeco"reserves the right to suspend the Client's access to the Internet Sites and MANCUP services."LiveDeco", or even cancel his account depending on the severity of the breaches. MANCUP "LiveDeco"reserves the right to refuse any order from a Customer with whom there is any dispute.".
ARTICLE 14 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS All elements published on the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, database utilities, software, and other underlying technology are protected by the provisions of the Intellectual Property Code and belong to MANCUP.LiveDeco".".
The brand LiveDeco, as well as all figurative or non-figurative trademarks and more generally all other marks, illustrations, images, and logos appearing on the items, their accessories, or their packaging, whether registered or not, are and will remain the exclusive property of MANCUP.LiveDeco", with the exception of rights held on the visuals of the products, brands, and logos of the suppliers of the Products presented on the Internet Site.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without express and prior agreement from MANCUP is not allowed.LiveDeco", is strictly prohibited.
Apart from any solicitation on his part, MANCUP "LiveDeco"prohibits any addition of a hyperlink to the Website. A Customer wishing to place on their personal website a link directly referring to the home page of the Website, must necessarily request prior express permission from MANCUP."LiveDeco"."
Customers can send comments, suggestions, ideas, questions, photos, or any other information (hereinafter "Published Elements") as long as this content is not illegal, defamatory, slanderous, infringing on intellectual property rights, or harmful to third parties. The customer must not impersonate someone using a false email address. MANCUP "LiveDeco"reserves the right to remove or modify any Published Elements on the Website. The Customer grants MANCUP"LiveDeco": freely, the right, transferable and sublicensable, to use, reproduce, modify, adapt, publish the Published Elements, translate them, distribute them, display them worldwide and on any type of media for commercial or non-commercial use, for the entire legal duration of intellectual property rights. No moral rights are transferred by the Client. MANCUP "LiveDeco"Has the right to use or not use, the Client's name in connection with the Published Elements.".
ARTICLE 15 - MISCELLANEOUS
15.1. Partial invalidity In the event that one or more provisions of the General Terms and Conditions of Sale are considered illegal or unenforceable by a competent jurisdiction, the other provisions will remain in force and retain their scope and effect.
15.2. Convention on Proof The acceptance of the General Terms and Conditions of Sale by electronic means has, between the parties, the same probative value as the agreement on paper.
The information provided by the Website is authoritative between the parties. The computerized records will be stored in the computer systems of MANCUP.LiveDeco"in reasonable security conditions and may constitute a means of proof, available to the Customer, of exchanges, orders and payments made on the website or by email. The scope of the proof of information provided by MANCUP's computer systems."LiveDeco" is the one that is given to an original in the sense of a signed paper document.
It is expressly agreed that MANCUP "LiveDeco"and the Client can communicate with each other electronically or by phone through the Customer Service of the Website. Technical security measures are in place to ensure the confidentiality of the data exchanged.".
MANCUP "LiveDeco"and the Client agree that the emails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, particularly with regard to the transmission and acceptance of orders.".
15.3. Preservation and Archiving: The archiving of contractual documents is carried out on a reliable and lasting medium so as to correspond to a faithful and durable copy that can be produced as evidence. You can access the archived contracts by requesting them via email at [email protected]
15.4. Renunciation The fact that MANCUP "LiveDeco"or if the Client does not exercise any of his rights under the General Terms and Conditions, this does not imply a waiver of his right to exercise it later, such a waiver can only come from an express declaration.".
15.5. Force Majeure The execution by MANCUP "LiveDeco"of all or part of its obligations, particularly delivery, will be suspended in the event of a fortuitous event or force majeure that would hinder or delay its execution.".
These are considered as such, in particular, but not limited to, war, riots, insurrection, social unrest, and large-scale general strikes.
MANCUP "LiveDeco"Will inform the Customers of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Customer will have the option to cancel the current order, and the price of the ordered Products and the paid delivery charges will then be refunded.".
ARTICLE 16 - SUSPENSION - TERMINATION
The General Terms and Conditions of Sale are subject to French law. Only the French version of these General Terms and Conditions of Sale is valid.
In the event of difficulties arising during the Order, delivery of the Products, or more generally, the execution of the sale, the Customer will have the opportunity, before any legal action, to seek an amicable solution, including with the help of a consumer association or any other counsel of their choice.
Any dispute that may arise from the interpretation or execution of the General Terms of Sale and its consequences will be brought before the competent courts.
The General Terms and Conditions of Sale also apply in the relationship with any user of the Internet Site who has not placed an order, particularly with regard to articles 11 to 15.