General Terms and Conditions of Sale

General Terms and Conditions of Sale (« CGV ») of the e-commerce site www.myminifitness.com owned by the company MINIFITNESS.

Article 1 – Scope of Application

These CGV apply, without restriction or reservation, to all sales made by MINIFITNESS – 11B Quai Perrache in Lyon (69) (« the Seller ») to non-professional buyers (« Clients »), wishing to acquire products offered for sale by the Seller (« The Products ») on the website www.myminifitness.com.

Before placing an order, the Client is required to be aware of the main characteristics of the Products (specifications, illustrations, and indications of dimensions or capacity of the Products).The Client declares to have knowledge of these CGV and to have accepted them before implementing the online ordering procedure.

These CGV may be subject to subsequent modifications, the version applicable to the Client's purchase is that in force on the website at the date of the order placement.

In case of orders to a country other than metropolitan France, the Client is the importer of the product(s) concerned.

For all Products shipped outside the EU and DOM-TOM, customs duties and other local taxes or import duties or state taxes may be payable. These are at the expense and under the sole responsibility of the Client.

Article 2 – Order

It is up to the Client to select on the website the Products they wish to order, according to the following ordering process:

-Product selection: The Client selects the Product(s) they wish to order and adds them to the cart.

-Order summary: The Client checks their order while retaining the possibility of deleting the selected Product(s). To confirm the order, the Client clicks on the "Order" button.

-Connection: The Client fills out the identification form provided and indicates the requested information (name, first name, e-mail, address, phone, password). To validate the content, the Client clicks on the "Save" button.

-Address: The Client confirms their delivery and billing address and validates by clicking on the "Order" button.

-Delivery: The Client becomes aware of their delivery mode at the address they have indicated. By validating their delivery mode, the Client must accept the CGV by ticking the box "I have read the CGV and adhere to them without reservation."

-Payment: The Client chooses the payment mode and validates this mode by moving to the next step.-Redirect to the bank's website for secure payment: The Client indicates the bank details necessary for payment and corresponding to the chosen mode of payment. A request to debit the Client's bank account will be sent within twenty-four hours to their bank. In the case of payment by PAYPAL, the amount of purchases made by the Client will be immediately debited from their PAYPAL account. The order will be considered effective after confirmation of the agreement of the banking payment centers.

-Acknowledgment of receipt of the order: The Client receives an e-mail summarizing the contents of their order. This document is the official proof of the order, and the Client must keep it.

The offers of Products are valid as long as they are visible on the site, subject to stock availability.

Any order placed on the website www.myminifitness.com constitutes the formation of a contract concluded at a distance between the Client and the Seller.

Article 3 – Prices

The Products are supplied at the current prices listed on the website, at the time of the registration of the order by the Seller.

The prices are expressed in euros, HT (excluding taxes), and TTC (including taxes).The prices take into account any discounts that would be granted by the Seller on the website.

These rates are firm and not revisable 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 always include processing, shipping, transport, and delivery costs, which may be charged in addition, under the conditions indicated on the website and calculated prior to placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Seller and sent to the Client, directly available on their client account.

Article 4 – Payment Terms – Transfer of Ownership – Transfer of Risks

The client acknowledges that they are fully authorized to use their credit card or Paypal account for the payment of their order. By credit card: in this case, payment is made on the "Stripe" website. This implies that no banking information concerning the Client is transmitted via the site www.myminifitness.com. Payment by credit card is therefore perfectly secure. The order will be recorded and validated as soon as the payment is accepted by the banking service.



By Paypal: The client guarantees that this means of payment provides access to sufficient funds to cover the costs resulting from the order placed on the site.

Par Paypal : Le client garantit que ce moyen de paiement donne accès à des fonds suffisants permettant de couvrir les coûts résultant de la commande passée sur le site.

Article 5 – Deliveries

Generalities:

Products purchased on the Seller's website are delivered only in metropolitan France and the European Union. The products are delivered to the delivery address indicated by the Client during the ordering process. The indicated delivery times correspond to the processing, preparation, and dispatch time of the order (and sometimes to the manufacturing times).

Delivery and Complaints:

Only deliveries in metropolitan France and the European Union are possible (contact customer service for other delivery locations). Parcels are shipped to the address stipulated by the Client. If the products originate from different manufacturers, the ordered products may be delivered several times and on different dates.

In the event of an incomplete address, wrong address, refusal of the parcel by the recipient, absence of the Client at the reception, or lack of information leading to an inability to deliver the product(s) to the recipient on time, the Seller cannot be held responsible for non-compliance with the delivery deadline. If this lack of information or the absence of the client at the time of delivery leads to a second delivery, the Seller will ask the Client to pay the costs corresponding to this second delivery.

In case of absence of the recipient, the Seller cannot be held responsible for the final quality of the delivery.

Reception of the Order:

Upon receipt of the order, the Client is required to check the conformity and condition of the products delivered according to their order. They must make reservations with the Carrier if they notice that the parcel is damaged. The seller cannot be held responsible in case of a dispute with a non-compliant parcel due to the carrier. They have a period of forty-eight hours from the delivery to formulate by email to the seller's customer service (contact@myminifitness.com) any reservations or complaints for non-conformity or apparent defect of the delivered Products, with all the relevant supporting documents (photos in particular). After this period and failing to have respected these formalities, the Products will be deemed to conform and free of any apparent defect and no claim can be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the client, under the conditions provided in articles L.211-4 and following of the Consumer Code and those provided in these CGV.

Article 6 – Right of Withdrawal

In accordance with legal provisions, the Client has a period of fourteen (14) days from the receipt of the Product to exercise their right of withdrawal from the Seller, without having to justify reasons or to pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following the notification to the Seller of the Client's decision to withdraw.

Returns are to be made in their original and complete state (packaging, accessories, instructions...) allowing their re-commercialization in new condition, accompanied by the purchase invoice. Damaged, soiled, or incomplete Products are not taken back.

The right of withdrawal can be exercised by simply sending an email to: contact@myminifitness.com. This email must include the invoice number, the exact title of the Product(s) subject to this withdrawal, and must be accompanied by the invoice as an attachment.

The fourteen-day period to return the Products subject to this withdrawal begins at the time of sending an acknowledgment of receipt to the client by the Seller.

This acknowledgment of receipt will indicate the address or addresses of the manufacturer(s) for the return of the returned products.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and the delivery costs are refunded; the return costs remain the responsibility of the Client.

Exchange subject to availability at the Manufacturer(s) or reimbursement will be made within fourteen (14) days from the receipt, by the Manufacturer, of the Products returned by the Client under the conditions provided for in this article.

Article 7 – Seller's Responsibility – Warranty

The products sold comply with the regulations in force in France and have performances compatible with non-professional uses. They benefit by right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions

-of the legal guarantee of conformity, for apparently defective, damaged, or not corresponding to the order Products,

-of the legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use.

To assert their rights, the Client must inform the Seller, by email (contact@myminifitness.com), of the non-conformity of the Products within a maximum period of fourteen days (14) from the delivery of the Products or the existence of hidden defects within a maximum period of fourteen days (14) from the delivery of the Products or the existence of hidden defects within a maximum period of forty-eight hours from their discovery.

The Seller will refund, replace, or repair the Products or parts under warranty deemed non-conforming or defective.

Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of receipts. Refunds will be made as soon as possible and at the latest within fourteen (14) days following the Seller's acknowledgment of the lack of conformity or hidden defect. This only applies in the case of a hidden defect in the product(s).The refund will be made by credit to the Client's bank account or by a bank cheque sent to the Client.

The Seller's liability cannot be held in the following cases:-Non-compliance with the legislation, which it is up to the client to verify.-In the event of misuse, use for professional purposes, negligence, or lack of maintenance by the client, as well as in the event of normal wear and tear of the Product, accident, or force majeure.

The Seller's warranty is, in any case, limited to the replacement or reimbursement of non-conforming or defective Products.

Article 8 – Data Protection

In application of the law 78-17 of January 6, 1978, it is recalled that the nominative data requested from the Client are necessary for the processing of the order and for the issuance of invoices, among other things. They may be communicated to potential partners of the Seller responsible for the execution, processing, management, and payment of orders.

The processing of information communicated through the website has been declared to the CNIL. The Client has, in accordance with national and European regulations in force, a right of permanent access, modification, correction, and opposition concerning the information about them, which can be exercised under the conditions and according to the methods defined on the website.

Article 9 – Intellectual Property

The content of the website is the property of the Seller and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement offense. Furthermore, the Seller remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, etc.

Article 10 – Applicable Law – Language

These CGV and the transactions arising from them are governed and subject to French law. These CGV are written in French.

Article 11 – Disputes

All disputes to which the purchase and sale transactions concluded under these CGV may give rise, concerning their validity, interpretation, execution, termination, their consequences, and their aftermath and which could not have been resolved between the Seller and the Client will be submitted to the competent courts of Lyon under the conditions of common law.

The Client is informed that they can in any case resort to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. Art. L 534-7) or with existing sectoral mediation bodies.

Articles 12 – Information précontractuelle – Acceptation du Client

The fact of ordering on the website implies full and entire adherence to these CGV and obligation to pay for the Products ordered, which is expressly recognized by the Client, who renounces, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.