TERMS OF SALES

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE PLATFORM

ARTICLE 1 – Designation of the Seller

MAJUNO
27 RUE DE L’UNIVERSITÉ 75007 PARIS
SIRET: 922239322
CONTACT@MAJUNO.FR

Intracommunity VAT: FR3922239322

ARTICLE 2 – Scope of application of the General Conditions of Sale

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by MAJUNO (the “Seller”) to consumers and non-professional buyers (the “Customers” or the “Customer”) ( also referred to individually as a “Party” and collectively as the “Parties”) wishing to acquire the products customizable by the Customer and offered for sale by the Seller (either the “Products” or the “Personalized Products”) on the MAJUNO website .FR (the “Site” or “Website”).

They specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Customers.

These General Conditions of Sale may be supplemented by special conditions, set out on the website, before any transaction with the Customer.

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These General Conditions of Sale are systematically communicated to any Customer prior to placing an order and will prevail, where applicable, over any other version or any other contradictory document.

They are accessible at any time on the Website.

The Customer declares to have read these General Conditions of Sale and to have accepted them before placing their order. Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.

These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.

Modifications to these General Conditions of Sale are binding on users of the website from the time they are put online and cannot apply to transactions previously concluded.

ARTICLE 3 – Products offered for sale

The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site, particularly in the product sheets.

The Customer is required to read it before placing any order.

The choice and purchase of a Product are the sole responsibility of the Customer.

When the Customer wishes to obtain clarification or additional information on the Products, Customer Service is at their complete disposal via the Website.

The photographs and visuals presented on the Site are as faithful as possible but cannot ensure perfect similarity with the Products, particularly with regard to the colors or the rendering of the materials. The visuals of the Products may also be altered depending on the quality of the device used. The Customer is also informed that the Products marked on the site as “Exceptional piece” are unique pieces, produced in limited series, by craftsmen; the materials and renderings therefore evolve from one production to another and from one craftsman to another. The Seller invites the Customer to refer to the website which illustrates the specificities of manufacturing in artistic crafts.

The photographs and graphics presented on the Website are therefore not contractual and cannot engage the liability of the Seller.

The Customer is required to refer to the description of each Product (as well as possibly to the sample – see article 4.0) in order to know its properties, essential characteristics and delivery times.

The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.

Product offers are within the limits of available stocks and availability of the series in question, as specified when placing the order. If, despite its efforts, all or part of the Products are unavailable after validation of an order, the Seller informs the Customer by email as soon as possible and offers them the possibility of choosing between waiting or canceling the order of the items free of charge. unavailable.

The Customer is invited to contact the Seller directly via the website for any order for shipping excluding:

• European Union,

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulations) which came into force on May 25, 2018, the Customer has, at any time, a right of access , rectification, opposition, deletion and portability of all of their personal data by writing, by post and providing proof of their identity, to the Seller's address, mentioned above.

These rights can be exercised at any time by providing proof of identity:

– By mail addressed to MAJUNO 27 RUE DE L’UNIVERSITÉ 75007 PARIS FRANCE;

– By email addressed to: CONTACT@MAJUNO.FR ;

The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Website.

ARTICLE 4 – Orders

4-0. Pre-order Samples before ordering a Product

Prior to placing an order (except for “Exceptional Parts”), the Customer has the option of requesting one or more samples of materials from the Seller (a “Sample”), which will be invoiced to the Customer when placing an order. sample. To do this, the Customer must contact the Seller directly via the website.

The Customer has the right of withdrawal for any Sample order, in accordance with the provisions below.

4-1. Placing an order for Products

It is up to the Customer to select the Products he wishes to order on the Website, according to the following methods:

• Acceptance of these General Conditions of Sale:

An order is registered on the Website when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates his order. The Buyer's acceptance of these General Terms and Conditions is evidenced by electronically checking the box "I have read and accept the general conditions" then clicking on the button " Order ".

This validation implies acceptance of all of these General Conditions of Sale. The General Terms and Conditions prevail over all other conditions, with the exception of those which have been expressly accepted by the Seller.

• Placing an order :

The Customer's orders are placed on the Site via the Customer's account (see section on use of the Website). The Customer is responsible for telecommunications costs when accessing the Internet and using the Site. To be able to purchase a Product, the Customer must complete an order form specifying certain mandatory fields so that their selection can be taken into account by the Seller. In the event of prolonged inactivity, it is possible that the selection of Products chosen before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Products from the start. All the steps necessary for the sale are specified on the Site.

The Customer has the opportunity to check the details of his order, its total price (including any order processing and shipping costs) and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or correct any errors.

The sale is only final after sending the Customer confirmation of acceptance of the order by the Seller by email, which must be sent without delay and after receipt by the Seller of the full price.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the Website constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Seller is not intended to sell the Products on the Website to professionals, but only to consumers or non-professionals, for their personal needs.

The Seller reserves the right to refuse orders for the same Product in large quantities and comprising more than eight (8) identical items.

4-2. Editing the order

Any modifications to the order by the Customer may only be taken into account by the Seller within the limits of its possibilities and provided that they are notified by email to the following address CONTACT@MAJUNO.FR  to the Seller maximum five (5) working days after order confirmation.

In the event that these modifications have been notified before the above deadline but cannot be accepted by the Seller for objective reasons, any sums paid when placing the order by the Customer will be returned to him as soon as possible. from the notification of the impossibility of accepting the modifications requested by the Customer (unless the Customer prefers to benefit from a credit). In the event that the Seller is able to take into account the Customer's modifications, it is possible that additional time may be necessary for manufacturing: the Seller will notify the Customer as soon as possible.

4-3. Cancellation of the order

Orders may be canceled by the Customer if the Customer notifies the Seller a maximum of five (5) working days after order confirmation, at no cost to the Customer.

In the event of cancellation of the order by the Customer after its acceptance by the Seller less than five (5) days after confirmation of the order, for any reason whatsoever – except for the exercise of the right of withdrawal for Samples and Over-Stock Products or force majeure -, the price paid on the order, as defined in the article “Payment Conditions” of these General Conditions of Sale will be automatically acquired by the Seller and cannot give rise to any refund.

ARTICLE 5 – Prices

The Products are supplied at the current prices appearing on the Website, when the order is registered by the Seller. Prices are expressed in Euros, excluding tax and including tax.

These prices are firm and cannot be revised during their period of validity, as indicated on the Website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the Website and calculated before placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer by email to the address indicated by the Customer when placing the order.

ARTICLE 6 – Payment conditions

• Payment of the price

The Products offered by the Seller are delivered to the Customer in exchange for a price.

Payment is made according to the following terms:

• Bank cards: cards from the “CB”, Visa, Eurocard/Mastercard, American Express network are accepted.
• BANK TRANSFER Contact us by email at contact@majuno.fr to receive the RIB

The price is payable in cash and the bank card is debited on the day the order is placed by the Customer, by secure payment method.

• Security

The Customer's credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. Payment is made directly to the Customer's bank, which under no circumstances has access to these details and does not keep them on its servers.

We attach the greatest importance to the protection and security of our information systems. Tools have been put in place to enable us to detect possible security vulnerabilities. These tools may incidentally lead to access to personal data by our security teams. This data will be collected and processed for the exclusive purposes of managing these vulnerabilities and in compliance with the applicable regulations regarding the protection of personal data.

ARTICLE 7 – Delivery of Products ordered

Delivery of the Products means the transfer to the Customer of physical possession or control of the Products ordered.

In accordance with the provisions of article L 216-4 of the Consumer Code, the delivery of the Products is accompanied by the delivery of the user manual, the installation instructions and a writing mentioning the possibility of formulating reserves as well as the commercial guarantee.

The Products ordered by the Customer will be delivered within a shipping time indicated on the website – to the address indicated by the Customer when ordering on the website.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.

However, these deadlines are communicated for informational purposes only.

If the Products ordered have not been delivered within four months after order confirmation, for any reason other than force majeure or the Customer's actions, the Customer may notify the Seller (under the conditions provided for in article L 216-6 of the Consumer Code) the resolution of the sale, after having given the Seller formal notice to comply within a reasonable additional period and if this other period has not been respected by the Seller.

Termination may be immediate if the Seller refuses to perform or if it is clear that he will not be able to deliver the Products or if the delivery deadline not respected constituted, for the Customer, an essential condition of the sale.

In the event of termination of the sale, the sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.

The Seller bears the transport risks and is required to reimburse the Customer in the event of damage caused during transport.

Deliveries are carried out by independent carriers, to the address mentioned by the Customer when ordering and to which the carrier can easily access.

The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.

The Customer is required to check the condition of the products delivered at the time of delivery. The Customer undertakes to immediately formulate, upon delivery, any reservations or complaints for non-conformity, defect or apparent defect of the Products delivered (for example damaged package already opened, etc.), as in the event of failure to deliver the notice of delivery. use or installation instructions, with all supporting documents relating thereto (photos, emails, in particular). Failing to have complied with these verification formalities at the time of delivery, the Products will be deemed to be compliant and free from any apparent defect.

Please note that the absence of reservations made by the Customer upon delivery of the Products does not exempt the Seller from the guarantee of conformity, as described below.

ARTICLE 8 – Transfer of ownership – Transfer of risks

The transfer of ownership of the Products from the Seller, to the benefit of the Customer, will be carried out after full payment of the price by the latter, regardless of the date of delivery of the Products.

Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will be carried out at the moment when the Customer takes physical possession of the Products which therefore travel at the Seller's risk.

ARTICLE 9 – Right of withdrawal for “Over-stock Products” and “Samples” only

9.1. – Right of withdrawal for “Over-stock Products” and “Samples” only

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the over-stock Products and Samples to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days at most following notification to the Seller of the decision to withdraw the Customer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be returned.

The right of withdrawal can be exercised online, using the withdrawal form available on the Website, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, unambiguous, expressing the desire to retract.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; return costs remaining the responsibility of the Customer.

The refund will be made within 14 days from notification to the Seller of the withdrawal decision.

9.2 – Personalization of Products and No right of withdrawal

• No right of withdrawal for Products created according to the Customer's specifications, under Article L. 221-28 of the Consumer Code

For certain Products as specified on the site, the personalization of a Product is carried out according to the specific wishes expressed by the Customer on the Site.

As soon as a Product sold via the website includes customization by the Customer, such as combination of colors, choice of shapes, finishes, additions of material, etc., the Customer is informed that the latter will be subject to 'specific manufacturing work based on the Customer's choices.

Due to this personalized work effort taking into account the fact that the Products are made according to the Customer's specifications, the right of withdrawal cannot be exercised for orders for these Products, under article L. 221-28 of the consumer code. The Products cannot be returned either. Notwithstanding the above, the Customer continues to benefit from legal guarantees (legal guarantee of conformity and guarantee relating to defects in the item sold).

• Personal liability of the Customer

The Customer is solely responsible for his personalization.

It declares and guarantees to the Seller that its customization request in no way infringes the rights of third parties and complies with the laws and regulations applicable in France, in the country from which the order is made and in the country where delivery of the personalized product is planned.

More particularly, the Customer declares and guarantees that his personalization request does not include texts, images or symbols of any nature whatsoever likely to be considered as: contrary to public order and/or good morals ; having an offensive, defamatory nature, damaging the honor or reputation of others; inciting discrimination, hatred of a person or group of people because of their origin or their membership or non-membership of a specific ethnic group, nation, race or religion; threatening a person or a group of people, having a pedophilic nature; inciting the commission of crimes or misdemeanors, advocating war crimes and crimes against humanity; inciting suicide; suggesting membership in or advocating terrorist groups or organizations; depicting or inciting the consumption of prohibited substances; of a pornographic nature; violating personality rights, respect for the dignity and integrity of the human person, privacy, the right to the image of people and property; containing trademarks, distinctive signs and any other textual or graphic element subject to intellectual property rights.

The Seller reserves the right, at its sole discretion, to refuse a customization request which contravenes the principles set out above or, more generally, seems detrimental to the rights of third parties.

However, this possibility of refusal on the part of the Seller is not likely to relieve the Buyer of the obligations referred to above. Indeed, it is specified, on the one hand, that the Seller does not carry out a detailed analysis of each graphic or textual element sent to it by the Buyer as part of a customization request and, on the other hand , that it is not able to assess the legitimacy of a Buyer to use certain terms or visuals likely to be protected by intellectual property law or to be prejudicial to the rights of third parties. The Seller's right to refuse a Customer's personalization cannot therefore under any circumstances be interpreted as imposing a general obligation to control the personalization desired by the Customer.

In view of the above, the Customer declares and guarantees to the Seller that he is fully vested with the intellectual property rights or more generally the rights allowing him to use the content chosen by him for the personalization of his order. It also guarantees that said content, when used for the purposes of personalizing the Products, does not in any way infringe the rights of third parties or is in any way contrary to public order under the conditions referred to above.

If the Seller were to be concerned by a third party claiming rights to any of the content used for personalization purposes by the Customer, the latter undertakes to do it personally to regularize, with this third party(ies) any agreement such as to allow the Seller to be released from any liability in this context.

In all cases where the Seller's liability is sought on a civil, criminal or administrative level, due to any customization requested by a Customer in violation of the above provisions, it is expressly understood that the Customer will guarantee the Seller the amount in full of any judgment which could be pronounced in principal and interest against him and can therefore be called as guarantee by the latter in the context of any proceedings.

The Customer further undertakes to provide full compensation for damages suffered by the Seller, including compensation for the actual costs of all sums incurred by the latter for the purposes of defending its rights, in particular and without this The list is not exhaustive: legal fees, legal fees, bailiff fees, expert fees, travel costs and more generally any costs incurred in defending one's rights.

For the proper understanding of this article, it is specifically understood between the Parties that the Seller's right to refuse a customization request does not in any way mitigate the Customer's liability to him or his warranty obligation.

ARTICLE 10 – Responsibility of the Seller – Guarantee

The Products sold on the website comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment in accordance with legal provisions,

• the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

10-1. Legal guarantee of conformity

The Seller undertakes to deliver goods that comply with the contractual description as well as the criteria set out in article L217-5 of the Consumer Code.

He is responsible for defects in conformity existing at the time of delivery of the Products and which appear within two years of delivery.

This warranty period applies without prejudice to articles 2224 et seq. of the civil code, the limitation period beginning to run on the day the Customer becomes aware of the lack of conformity.

In the event of a lack of conformity, the Customer may demand that the Products delivered be brought into conformity by repair or their replacement or, failing that, a reduction in the price or cancellation of the sale, under legal conditions.

It may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the Seller has satisfied its obligations under the legal guarantee of conformity, in the conditions of the articles 1219 and 1220 of the civil code.

It is up to the Customer to request compliance of the Products from the Seller, choosing between repair and replacement. The compliance of the property takes place within a period not exceeding thirty (30) days following the Customer's request.

Repair or replacement of the non-compliant Product includes, where applicable, the removal and return of the Product as well as the installation of the Product brought into conformity or replaced.

Any Product brought into conformity within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six (6) months.

In the event of replacement of the non-compliant Product when, despite the Customer's choice, compliance has not been carried out by the Seller, the replacement gives rise, for the benefit of the Customer, to a new legal guarantee of conformity period, from of delivery of the replaced Product.

If the requested compliance is impossible or entails disproportionate costs under the conditions provided for in Article L 217-12 of the Consumer Code, the Seller may refuse it. If the conditions provided for in article L 217-12 of the Consumer Code are not met, the Customer may, after formal notice, continue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the civil code.

The Customer may finally demand a price reduction or cancellation of the sale (unless the lack of conformity is minor) in the cases provided for in article L 217-14 of the Consumer Code.

When the lack of conformity is so serious that it only justifies the reduction of the price or the immediate cancellation of the sale, the Customer is then not required to first request the repair or replacement of the non-compliant Product.

The price reduction is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.

In the event of cancellation of the sale, the Customer is reimbursed the price paid against return of non-compliant Products to the Seller, at the latter's expense.

The refund is made upon receipt of the non-compliant Product or proof of its return by the Customer and at the latest within the following fourteen (14) days, with the same means of payment as that used by the Customer during payment, unless express agreement of the latter and in any case without additional cost.

The preceding provisions are without prejudice to the possible award of damages to the Customer, due to the damage suffered by the latter due to the lack of conformity.

10-2. Legal guarantee against hidden defects

The Seller is liable for hidden defects within the framework of the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use.

The Customer may decide to implement the guarantee against hidden defects in the Products in accordance with article 1641 of the civil code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.

10-3. Exclusion of guarantees

The Seller cannot be held liable in the following cases:

• non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to verify before placing their order,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller cannot be held liable due to disruptions or damages inherent to the Internet and presenting the characteristics of a force majeure event. The Seller's liability cannot be sought for damages (including, but not limited to, loss of profit or loss of use) arising from the use of the Site or from any delay or inability to use the Site, its content or any link to another website.

The Seller cannot be held responsible for the possible difference in “screen/reality” color and its possible consequences, for the personalization choices of a Product which would not be suitable, regardless of whether it is – or not – 'a gift. The Seller is not responsible for orders placed by a minor, whether or not the parents have authorized these orders.

The Seller's liability cannot be sought for an amount greater than the purchase price of the Products in dispute.

In application of the provisions of article D 211-2 of the Consumer Code concerning legal guarantees of conformity and hidden defects:

10-5 . Processing of requests and possible complaints

If, upon delivery, the external appearance of the package is not perfect, the Buyer must open it in the presence of the carrier in order to check the condition of the item. In the event of damage to the item, the Customer details it precisely on the return slip and will immediately contact the Seller to refuse the Product.

For any information, complaint or question relating to the General Terms and Conditions or the Products themselves, the Customer can contact customer service:

• By mail to the postal address: 27 RUE DE L'UNIVERSITÉ 75007 PARIS
• Or by mail : contact@majuno.fr
• Or via the website via “contact us”

The Customer may exercise the above guarantees by sending his request:

• By mail to the aforementioned postal address;
• Or via the form to be completed online on the Site, in the “ Contact us ". 

ARTICLE 11 – Account creation – use and management of services

• Site Accessibility

The Site is normally accessible 7 days a week and 24 hours a day. The Seller, however, reserves the right to restrict, totally or partially, access to the Site in order, in particular, to ensure the maintenance of its computer configuration. In the event that the Seller is required to make scheduled interventions on the Site, the Seller endeavors to inform the Customer by means of a message displayed on the Site. In all cases where emergency intervention is required, the Seller is exempt from any prior information obligation. The Seller is not responsible for damage of any nature which may result from temporary unavailability of all or part of the Site.

• Creation of customer account

Opening an account on the Site is mandatory if the Customer wishes to place an order for a Product (hereinafter, the “Account”) and is carried out under the conditions set out below.

During the Account opening procedure, the user is invited to read these General Terms and Conditions which are made available to him. To create the Account, the user is asked to provide information about him or her, such as name, first name, telephone number, password, contact email address. This information allows the user to track their orders more easily and save their preferences for future visits. Failure to provide the requested information or incomplete provision is equivalent to renouncing the creation of an account and refusing to place orders for Products on the Website. The user validates, in addition to the information requested about him, a password, allowing him to identify himself on the Site. When creating an Account, the user receives confirmation of Account creation at the email address provided.

By creating an Account on the Site, the user certifies that the information thus provided is true, accurate, sincere and up-to-date. Likewise, he undertakes to update his Account in all cases of change of address, change of telephone or email contact details, or other information provided. The Seller cannot be held responsible for the consequences of an erroneous or non-updated statement by the user.

Generally speaking, the user is solely responsible for managing the Account and retaining all identification elements allowing access to the Site. The Seller is not involved in the management of any Account. Any operation carried out using the identifiers attached to a user's Account is deemed to have been carried out by the latter. The Seller cannot in any way be held responsible for any fraudulent use of these identifiers. In all cases of loss, theft or doubts about possible disclosure of this data, the user must change their password and immediately inform the Seller by email requesting a read receipt.

• Account suspension or termination

The Seller may suspend an Account at any time and for just cause for any period. During the suspension of the account concerned, the user can continue to access said account but is not able to place an order for Products from it. The Seller may, at its discretion, terminate an Account by express notification by email sent to the email address provided, in particular, in the event of non-compliance with these General Terms and Conditions, or use of the Site in contravention of the law and payments, proven counterfeiting, or in the event of inactivity of the Account for a period of more than two years. The user can delete their Account at any time by sending the Seller a termination request via the Site.

ARTICLE 12 – Protection of personal data

In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Client is notably necessary for the processing of their order and the establishment of invoices, in particular.

The processing of information communicated through the Website complies with legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of this data.

In accordance with current national and European regulations, the Client has a permanent right of access, modification, rectification, opposition, portability, and limitation of processing concerning information about them.

This right can be exercised under the conditions and according to the procedures defined on the Website.

Visitors of the Company MAJUNO's Website (hereinafter referred to as "Site" or "Platform") are referred to as "User(s)" and become "Client(s)" when they have completed an order process.

12.1. – Collection of personal data

Any collection and processing of personal data collected on the Sites are carried out under the responsibility of the Company MAJUNO, the sole Controller of the processing.

The personal data collected on this Site (or “Platform”) are as follows:

1. Account opening: When creating the User's account, their last name, first names, postal address, email address and possibly their date and place of birth.
2. Connection: When the User connects to the Platform, it records, in particular, their first and last name, connection data, usage data, location data and payment data.
3. Profile: The use of services provided on the Platform allows the User to provide a profile, which may include one or more postal addresses, one or more email addresses, and one or more phone numbers. This personal information may also consist of their email address(es) and information about their computer(s) and Internet connection(s) (including, notably: the type and version of their browser, their operating system and platform, etc.).
4. Payment: As part of the payment for the products and services offered on the Platform, the Platform records financial data relating to the User's bank account or credit card.
5. Communication: When the Platform is used to communicate with other members, data concerning the User's communications are subject to temporary retention.
6. In general, personal information may include, notably, their name(s), first name(s), age(s), gender(s), billing and delivery addresses, phone number(s), email address(es), their credit card details, the history of orders already placed, the delivery addresses of purchased products, the content of comments, emails sent to Company MAJUNO, any participation by the Client in a competition, lottery, or other promotion organized by Company MAJUNO, any survey or questionnaire, and any registration by the Client to the program of any club organized by or with Company MAJUNO, any review or comment submitted by a Client on the Site(s), any subscription to a publication issued by Company MAJUNO, or certain financial data. 

The Client's personal information may also include, notably, their email address(es), password(s), and information about their computer(s) and Internet connection(s) (including, notably: the type and version of their browser, their operating system and platform, their order history, or information transmitted by any commercial information agency, any carrier, etc.).

EVERY USER AND CLIENT FREELY CONSENTS AND AGREES THAT COMPANY MAJUNO MAY RETAIN AND PROCESS THEIR DATA AND PERSONAL INFORMATION, as well as those of minors legally represented by them. The personal data of minors whose User is the legal representative, and which are collected and processed under the aforementioned conditions are strictly limited to the data necessary for the purpose of processing.

12.2 – Purpose – Use of personal data

The personal data collected from Users and Clients are intended to provide the Platform's services, improve them, and maintain a secure environment. More specifically, the uses and purposes are as follows:

– Access and use of the Platform by the User.

- Management of the operation and optimization of the Platform. 

- Improvement of navigation and purchase processes on the Site.

- Facilitation of future orders through the retention of order history.

- Organization of the terms of use of payment services, verification, identification, and authentication of data transmitted by the User.

- Management and processing of orders, processing of deliveries to Clients.

- Facilitation of order payment.

- Communication with the Client regarding their orders, Products, and Services.

- Customization of future proposals and promotional offers addressed to the Client.

- Sending publications and newsletters to Users/Clients.

- Sending commercial offers to Clients for products and services similar to those previously ordered by them, without requiring express consent on their part, in accordance with paragraph 4 of Article L.34-5 of the Postal and Electronic Communications Code (legal exception to the principle of "opt-in").

- Making available to the User/Client content such as gift lists or Customer comments and recommending products and services that may interest them.

- Dispute and litigation management with Users and Clients.

- Optionally, offering the User the possibility to communicate with other users of the Platform.

- Optionally, implementing user support.

- Optionally, customizing services by displaying advertisements based on the user's browsing history, according to their preferences.

- Prevention and detection of fraud, abuse, viruses, malware (malicious software), and management of security incidents, and enabling third parties to provide technical, logistical, or other functions on its behalf.

- Sending commercial and advertising information, according to user preferences.

- Any verification related to the order and delivery of ordered Products.

- Improving the operation of its Site and, if applicable, its store.

12.3 – Data Retention Period

Retention of personal data: the Client accepts that Company MAJUNO retains their personal data during the period of execution of any contractual relationship, beyond any additional legal archiving and data retention period, in addition to the legal period of the longest applicable prescription, of any nature (civil, commercial, criminal, and administrative).

12.4 – Sharing personal data with third parties

Subject to prior information and acceptance by the User, the Company MAJUNO's Site(s) may refer to other partner and third-party websites with data collection and processing policies that may be different, and which the User should be aware of, as no action by these third parties can engage the liability of Company MAJUNO.

Company MAJUNO will also ensure prior information and consent of the User/Client in case of transmission of collected information to third parties, especially commercial partners or purchasers of all or part of the Company's business. Personal data may be shared with third- party companies in the following cases: 

Personal data may be shared with third- party companies in the following cases :

- When the user uses payment services, for the implementation of these services, the Platform is in relation with third-party banking and financial companies with which it has contracts.

- When the user publishes, in the free comment areas of the Platform, information accessible to the public.

- When the user authorizes a third-party website to access their data.

- When the Platform uses service providers to provide user support, advertising, and payment services. These providers have limited access to user data, as part of the execution of these services, and have a contractual obligation to use them in compliance with the provisions of applicable regulations on the protection of personal data.

- if required by law, the Platform may transmit data to respond to claims against the Platform and comply with administrative and judicial procedures.

- if the Platform is involved in a merger, acquisition, asset sale, or judicial reorganization procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

The information and acceptance of the User as described in the preceding paragraphs shall be materialized by an "opt-in" system by ticking a specific box provided for this purpose. The User can object to the disclosure of their personal data to third parties by choosing not to tick the aforementioned box ("opt-out"). The User also has the possibility to revoke their consent at any time, with immediate effect, by contacting Company MAJUNO.

However, these provisions shall not apply to the exchange of information with organizations for fraud protection and credit risk reduction that may be carried out by Company MAJUNO at the request of any competent administrative or judicial authority in accordance with applicable law. 

12.5 – Recipients of personal data – Transfer of personal data

The recipients of the data collected are the internal services of Company MAJUNO for the management of its Site and orders placed by Clients on the Sites, as well as service providers of Company MAJUNO who assist it in managing the relationship with the Client. In addition, Company MAJUNO may be required to directly transfer the personal information of the Client to a third-party provider responsible for processing and archiving, the latter ensuring an adequate level of protection for the transferred data. Company MAJUNO may also transfer this data to its IT providers (particularly in the event of a technical incident), accounting (particularly in the context of invoicing), and legal (in the event of a dispute or litigation with a User or Client) providers.

12.6 – Security and confidentiality

The Platform implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Platform cannot guarantee the security of the transmission or storage of information on the Internet.

12.7 – Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights:

- they can update or delete the data concerning them by logging into their account and configuring the settings of this account;

- they can delete their account by writing to the following email address: julie@majumo.fr. It should be noted that information shared with other users, such as forum posts, may remain visible to the public on the Platform even after their account is deleted;

- they can exercise their right of access to know the personal data concerning them by writing to the following email address: julie@majumo.fr. In this case, before implementing this right, the Platform may request proof of the user's identity to verify its accuracy;

- if the personal data held by the Platform is inaccurate, they can request the updating of the information by writing to the following email address: julie@majumo.fr;

- users can request the deletion of their personal data in accordance with applicable data protection laws by writing to the following email address: julie@majumo.fr.

12.8 – Evolution of this clause

Company MAJUMO reserves the right to make any modifications to this clause concerning the protection of personal data at any time. If a modification is made to this clause on the protection of personal data, Company MAJUMO undertakes to publish the new version on its website. Company MAJUMO will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

ARTICLE 13 – Intellectual property

The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

The Customer undertakes to respect all intellectual property rights belonging to the Seller, whether these rights relate to its models, its brands, its patents or any of its creations protected by Literary and Artistic Property law. . The Customer's attention is also drawn to the fact that this Site, including its entire content, is protected by intellectual property law.

Any total or partial reproduction, modification or use of any of the rights mentioned in the preceding paragraph for any reason and on any medium whatsoever, without the express prior agreement of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite whole.

The Customer is also informed that these General Terms and Conditions do not confer on him any intellectual property rights over the models, patents, trademarks or other rights held by the Seller.

ARTICLE 14 – Unpredictability

In the event of a change in unforeseeable circumstances during the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract. to its co-contractor.

ARTICLE 15 – Force majeure

The performance by the Seller of all or part of its obligations is suspended in the event of the occurrence of a case of force majeure which would hinder or delay its execution. The Seller informs the Customer of a similar case of force majeure as soon as possible.

The Seller is not responsible for any delay or non-performance following the occurrence of a force majeure event.

ARTICLE 16 – Applicable law – Language

These General Conditions of Sale and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.

ARTICLE 17 – Disputes

All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consom. C. art. L 612-1) or with existing sectoral mediation bodies , and whose references appear on the Website or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

The contact details and methods of contacting the mediator are as follows: consumer mediator whose contact details are as follows:

https://www.mediation-vivons-mieux-ensemble.fr 

If the dispute must be brought before the courts, it is recalled that in application of article L 141-5 of the Consumer Code: the consumer may refer the matter at his choice, in addition to one of the territorially competent courts under the code of civil procedure, the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.

It is also recalled that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes. between consumers and professionals in the European Union.

ARTICLE 19 – Pre-contractual information – Customer acceptance

The Customer acknowledges having been informed by the Seller in a readable and understandable manner, by means of the provision of these General Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L 221-5 of the Consumer Code:

• on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing it to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and cannot engage the liability of the Seller. The Customer is required to refer to the description of each Product in order to know its essential properties and particularities;
• on the price of the Products;
• on the terms of payment, delivery and execution of the sales contract;
• in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
• on the identity of the Seller and all of his contact details;
• on the existence and terms of implementation of guarantees (the legal guarantee of conformity, guarantee of hidden defects, possible commercial guarantees);
• on the possibility of using a consumer mediator, whose contact details appear in these General Conditions of Sale, under the conditions provided for in the Consumer Code
• on the right of withdrawal for Products in stock and Samples (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the terms of termination, the handling of complaints and other important contractual conditions and, where applicable, on the costs of using the remote communication technique, the existence of codes of good conduct and financial deposits and guarantees;
• on no right of withdrawal for all other Products sold by the Seller as long as they are manufactured according to the specifications given by the Customer;
• on the accepted means of payment.

The fact for a Customer of ordering on the Internet site implies full and complete adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to avail himself of of any contradictory document, which would be unenforceable against the Seller.