Billing Terms And Conditions

GENERAL CONDITIONS OF SALE



PREAMBLE

The following provisions establish the general conditions of sale of products offered by the company "HENRY CORP" under the trade name "MENVIKING", on its website "https://menviking.com".

"MENVIKING" is a "micro enterprise" with a capital of "1000€" whose registered office is located at "TOULON" and registered in the Trade and Companies Register of "TOULON" under the number"-". Tel: " 0662549775 " - Email: " team.menviking@gmail.com ".

Article 1 - Application

These general conditions of sale are intended to govern the contractual relationship between "https://menviking.com/", hereinafter referred to as "MENVIKING", and any person making a purchase through the site "https://menviking.com/", hereinafter referred to as buyer.

By becoming a member and/or customer, membership of "MENVIKING" implies full and unreserved acceptance of all the general conditions of sale by ticking the box set up for this purpose.

Conversely, "MENVIKING" undertakes to respect the obligations incumbent upon it within the framework of these conditions of sale.

"MENVIKING" reserves the right to modify at any time its general conditions of sale. In this case, the applicable conditions will be those in force at the date of the order made by the buyer.

Article 2 - Registration

It is not mandatory to be registered to access all products on sale on the site, except special operations. Membership is acquired only after identification.

"MENVIKING" reserves the right to accept or refuse a member or to review access rights at any time.

The new member receives a confirmation email, at the email address previously filled in the form, which validates his registration to "MENVIKING".

The member then has a personal account on which he can make purchases.

The member assumes full responsibility for the use and retention of his password.

In case of loss, theft or communication of your password to a third party, the member is asked to reset his password.

By registering to "MENVIKING", the member agrees to receive by email sales invitations and newsletters and/or offers from partner organizations and companies.

Article 3 - Products

"MENVIKING" implements a complete description of the products available through features and photographs.

The characteristics appearing on the description sheets of the products offered by "MENVIKING" are established on the basis of data supplied by the suppliers.

"MENVIKING" is committed to providing the most accurate shots possible.

In the spirit of a perfectibility of the site, "MENVIKING" encourages the members to report any erroneous information which could appear on a product sheet.

Custom products cannot be returned or refunded.

The products offered for sale are sold for an indefinite period by "MENVIKING" and within the limits of available stocks.

Article 4 - Prices

The prices displayed on "MENVIKING" are indicated in euros and all taxes included.

Product prices do not include shipping costs, except special operations.

The amount of the contribution to shipping costs varies according to the country of destination. The amount of shipping costs is indicated at the time of validation of the order and is subject to acceptance by the buyer. If delivery is free, the product will not be subject to shipping charges.

"MENVIKING" reserves the right to modify its prices at any time, it being understood, however, that the products will be invoiced on the basis of the rates in force at the time the order is placed.

Article 5 - Methods of ordering

Orders can only be placed via "https://menviking.com/".

Every buyer declares and guarantees to have the legal capacity to order on "MENVIKING".

The buyer certifies, on the date of the order, that he is at least 18 years old or has a legal authorization to make a purchase on "MENVIKING".

The buyer also guarantees that he is fully authorised to use the bank card provided for the transaction and that it is not a card used fraudulently, and then undertakes that it will be sufficiently provisioned to cover the purchases made.

Any purchase made on "https://menviking.com/" will be deemed to have been made by the user of the account. All data recorded by "MENVIKING" constitute proof of the transactions made by the buyer on "https://menviking.com/".

The order is validated only when the buyer has made a double click, in accordance with the law on confidence for the digital economy of 21 June 2004: a first time to place the order and a second time to confirm it.

The confirmation will be equivalent signature and acceptance of the operations carried out and in this case will refuse to wait for the withdrawal period of 14 days.

"MENVIKING" then sends by email the confirmation of the order registered, subject to full payment, then, a second email is sent to the member when shipping the products.

Article 6 - Methods of payment

The payment of the order is made by credit card through Stripe and Paypal.

The order confirmed by "MENVIKING" will only be effective as of the agreement of the banking payment centres, subject to the suspensive condition of the availability of the product.

In case of refusal by the bank, the order will be automatically suspended and "MENVIKING" will notify the buyer by phone or email and refund within 48 hours.

Furthermore, "MENVIKING" reserves the right to refuse any order from a buyer with whom there is a dispute.

Article 7 - Security of payments

"MENVIKING" uses the SSL (Secure Socket Layer) security system, which consists of efficiently encrypting all banking information by software.

No third party has access to confidential payment information.

Therefore, the member's bank details, wishing to make purchases by credit card, will be required for each new order.

In any case and following a payment on "https://menviking.com/", "MENVIKING" does not store and does not collect the confidential banking data of its customers. The credit/debit card number is never kept.

Only the partner bank keeps the card number and expiry date.

Moreover, the bank is the only bank to have the most effective fraud control, alert and blocking modules on the market, thus protecting all confidential data linked to the means of payment.

Article 8 - Unavailability of products

Despite all the precautions taken, a product ordered and purchased may not be available.

In the event of unavailability of an ordered product before the end of the shipment, "MENVIKING" will inform the buyer by email, within a maximum period of one week, under which time this product could be delivered.

In the event of permanent unavailability, "MENVIKING" undertakes to offer you an exchange, a credit note or a full refund of the product, by automatic transfer to the account with which the buyer has paid his order, as soon as possible, at the latest within thirty days from the date of payment of the order.

An email will be sent to the buyer to inform him that his card has been credited and that his purchase is now refunded.

Article 9 - Terms of delivery

Orders placed on "MENVIKING" are shipped directly from manufacturers located in Asia (China, South Korea, Japan etc) and sometimes separately when your order includes products from different manufacturers. This is why for an order of several products, you do not receive its totality.

The delivery time is 2 - 6 weeks depending on the destination country.

If you have not received your order in its entirety within 3 weeks from the date of the shipping email, please contact our customer service department "MENVIKING" at "team.menviking@gmail.com".

Delivery is made by the Local Post Office.

Orders are shipped to the delivery address indicated at the time of order.

Any change of address must be reported to customer service by email ("team.menviking@gmail.com") no later than 2 hours after ordering. After this period, neither the post office nor "MENVIKING" can be held responsible for non-delivery due to an incorrect or incomplete delivery address. In this case no refund or re-delivery is possible.

In case of absence at the time of delivery, the parcel is deposited in your mailbox or a notice of passage is left and available the next day at the post office closest to your home for 15 days. The fact that the buyer is absent during the first delivery will not be considered as delay.

In the event of various cases of force majeure recognised by French case law, delivery deadlines may be extended.

If however, the parcel arrives damaged, incomplete, a defect is to be pointed out, or its non-receipt within the times indicated, "MENVIKING" invites you to make note of this problem by e-mail "team.menviking@gmail.com" under 14 days. An investigation will be conducted by "MENVIKING" with the carrier and may take several days. During this period, no refund or return can be made. Once the results are known, if the fault is related to the carrier or manufacturer, the order will be replaced or refunded.

In any case, shipping costs paid by the customer cannot be reimbursed by "MENVIKING".

Upon receipt of your order, we strongly recommend that the buyer check the conformity of the products delivered.

Article 10 - Right of withdrawal, Returns and Refunds

10.1. Right of withdrawal

Exercise of the right of withdrawal

The Buyer has a period of 14 days to exercise his right of withdrawal and return, at his own expense and without reason, the Product(s) he ordered (excluding Customised Products).

This period runs from the date of delivery of the Products to the delivery address indicated by the Purchaser (and in the absence of the latter, from the date of first presentation of the package containing the Products).

The Buyer shall inform "MENVIKING" of his decision to withdraw by sending him, before the expiry of the aforementioned period, the withdrawal form "WITHDRAWAL FORM" also available on the Site under the heading "Returns and Refund" or any other declaration without ambiguity, expressing his willingness to withdraw by email to the following address: "team.menviking@gmail.com".

Return of the Product(s) as part of the exercise of the right of withdrawal (excluding Personalized Products)

The Product(s) must be returned by the Buyer to "MENVIKING" at the latest within 14 days following the communication by the Buyer of his decision to withdraw, in its (their) original packaging and (their) packaging (which may have been opened), unworn, unwashed following the following steps "LINK OF THE RETRACTING FORM".

Refund of the Product(s) returned as part of the exercise of the right of withdrawal

If the aforementioned conditions are met, "MENVIKING" will reimburse the Buyer for the total amount of his order (excluding personalised Products), it being understood that the cost of returning the Products remains at the Buyer's expense.

This refund shall be made at the latest within 14 days from the date on which "MENVIKING" was informed of the Purchaser's decision to withdraw.

Nevertheless, in the absence of receipt by "MENVIKING", within this period, of the returned Products or proof of their dispatch by the Purchaser, the reimbursement of the Products will then be deferred to the earlier of these two dates: the receipt by "MENVIKING" of the Products or the receipt by "MENVIKING" of proof of dispatch of the Products by the Purchaser.

In accordance with Article L221-18 of the Consumer Code, the consumer has 14 days to exercise his right to withdraw from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to justify his decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25 of the Consumer Code.

The period of 14 days runs from the day:

1° The conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4 of the same code;

2° The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the conclusion of the contract.

In the case of an order for several goods delivered separately or in the case of an order for goods consisting of lots or multiple parts the delivery of which is staggered over a defined period, the period shall run from the receipt of the last good or lot or the last part.

For contracts providing for the regular delivery of goods for a defined period, the period shall run from the receipt of the first good.

10.2. Returns and Refunds

Without prejudice to the provisions of the legal guarantee or the right of withdrawal, the Buyer has a period of 14 days to return, at his own expense, any Product(s) he has ordered if they do not give him satisfaction (excluding personalised Products).

This period runs from the date of delivery of the Products to the delivery address indicated by the Purchaser (and in the absence of the latter, from the date of first presentation of the package containing the Products).

The Buyer wishing to return the Products must go to the "Returns and Refunds" section of the Site in order to make his return request or send an email to customer service at "team.menviking@gmail.com" which will indicate the procedure to follow.

After having made this step of return on the Site, the Purchaser will have to return the Product(s) in its (their) conditioning and its (their) packing of origin (which can have been opened) not worn, not washed by following the following steps "LINK OF THE FORM OF RETRACTATION".

If the above conditions are met, "MENVIKING" will refund to the Buyer, within 14 days after receipt of the latter's request for return, the amount of the returned Product(s), it being understood that the costs of delivery and return of the Product(s) concerned remain the responsibility of the Buyer.

Article 11 - Warranty and Liability

All our Products benefit from legal guarantees, provided that their use has been normal and that maintenance instructions have been followed.

Legal guarantee of correct delivery

In accordance with Article L211-4 of the Consumer Code, the seller is required to deliver goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been placed at his expense by the contract or has been carried out under his responsibility.

Pursuant to Article L211-5 of the Consumer Code, to be in conformity with the contract, the goods must :

1º Be fit for the use usually expected of a similar good and, if applicable : - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2º Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

Information relating to legal guarantees of conformity and hidden defects

In accordance with Article 1641 of the Civil Code, the seller is bound by the guarantee in respect of hidden defects of the thing sold which make it unfit for the use for which it is intended, or which diminish this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them.

In case of legal guarantee of conformity:

- The buyer has a period of 2 years from the delivery of the goods to act (Article L211-12 of the Consumer Code).

- The buyer can choose between repair or replacement of the goods (Article L211-9 of the Consumer Code). However, the seller may not proceed according to the buyer's choice if this choice entails a cost manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

- The buyer is exempted 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 (Article L211-7 of the Consumer Code).

- The legal guarantee of conformity applies independently of the commercial guarantee granted by "MENVIKING" at the end of article 8 of the present general conditions of sale.

- In case of implementation of the guarantee against hidden defects :

- The buyer has the choice to return the thing and get the price back, or to keep the thing and get part of the price back, as it will be arbitrated by experts (Article 1644 of the Civil Code).

- The action resulting from the redhibitory defects must be brought by the purchaser within two years from the discovery of the defect (Article 1648 paragraph 1 of the Civil Code).

In the event of a finding of non-conformity or a defect affecting one or more Products within the aforementioned time limits, the Buyer may return the Products by contacting "MENVIKING" customer service by email to "team.menviking@gmail.com" who will confirm the procedure to follow.

If the above conditions are met, "MENVIKING" will exchange the Product(s) with such lack of conformity or proven defects, the origin of which is indeed attributable to "MENVIKING", or will reimburse the Buyer for the amount of such Product(s), paid by the Buyer, if applicable.

If however, the parcel arrives damaged, incomplete, a defect is to be indicated, or its non-receipt within the indicated delays, "MENVIKING" invites you to make note of this problem by e-mail "team.menviking@gmail.com" under 14 days. An investigation will be conducted by "MENVIKING" with the carrier and may take several days. During this period, no refund or return can be made. Once the results are known, if the fault is related to the carrier or manufacturer, the order will be replaced or refunded.

According to article 1386-1 of the Civil Code, only the manufacturer is responsible for product safety. Only the suppliers guarantee that the products presented for sale are in conformity with the description communicated and that they do not present any hidden defect making them unsuitable for their normal use. The only contractual guarantee is that granted by the supplier. "MENVIKING" therefore declines any responsibility in the event of an error in a product description, given the fact that the pictures and descriptions illustrating the products on sale are only an indicative value.

MENVIKING" cannot be held liable for any damage resulting from misuse or malfunction.

Furthermore, the liability of "MENVIKING" cannot exceed the amount of the product ordered.

No compensation may be claimed other than that provided for in the Consumer Code.

Article 12 - Intellectual Property

All the elements of the site "https://menviking.com/" are and remain the intellectual and exclusive property of "MENVIKING".

As such and in accordance with the provisions of the Intellectual Property Code, no one is authorized to reproduce, exploit, redistribute, or use for any purpose other than private, even partially, without the agreement of "NAME OF YOUR COMPANY".

Any simple or hypertext link, using the technique of "framing" or "deep linking" to the site "https://menviking.com/" is strictly prohibited.
"https://menviking.com/" or any other part of this site is strictly prohibited to reproduction, copying and exploitation, for any purpose, without express written permission.

Any copying, use for commercial reasons and any parasitism based on the same sales method as "NAME OF YOUR COMPANY" is strictly prohibited and may give rise to legal proceedings and penalties for infringement of intellectual property rights.

Article 13 - Confidential data

All member information and data is strictly confidential.

"MENVIKING" undertakes to use this information exclusively in the context of the operation of its site.

For this reason, "MENVIKING" undertakes neither to market or rent to a third party all data concerning members.

Members have the right to access, modify and suspend data concerning them. For this, the member can exercise it by writing online in the contact section. "MENVIKING" undertakes to immediately delete members wishing to leave its database.

The Site and the Application use cookies. The cookie is a computer file, stored on the hard disk of the computer or telephone of the Customer. Its purpose is to report a previous visit by the Customer to the Site or the Application. Cookies are only used by " MENVIKING " in order to personalise the service offered to the Client. The Customer retains the possibility to refuse cookies by configuring his Internet browser. He then loses the possibility of personalizing the service delivered to him by " MENVIKING " via the Site.

Article 14 - Applicable law, Competent courts, Mediation

"MENVIKING" and the Buyer are subject to French law.

Pursuant to Article R631-3 of the Consumer Code, the consumer may bring an action either before one of the courts with territorial jurisdiction under the Code of Civil Procedure or before the court of the place where he resided at the time the contract was concluded or the harmful event occurred.

The Buyer is informed of the possibility of resorting, in the event of a dispute resulting from an online or in-store purchase, to a conventional mediation procedure or any other alternative dispute resolution method, if such a dispute could not be settled in the context of a prior claim directly submitted to "MENVIKING".

If your dispute arises from a national or cross-border online purchase, you can also access the dispute resolution platform set up by the European Commission for consumer disputes arising from an online purchase: https://ec.europa.eu/consumers/odr/.