GENERAL CONDITIONS OF SALE
Effective 12/03/2022
ARTICLE 1 – Scope of application
These General Conditions of Sale (called “GCS”) apply, without restriction or reservation to all sales concluded by the Seller with non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“Products”) by the Seller on the site monkey-products.com. The Products offered for sale on the site are the following:
Preventive Anti Puncture; Grease; Cleaning Shampoo; Lubricating Oils; Cleaning Spray and Organic; Protective Films
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site monkey-products.com what the customer is held to take note before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These T&C are accessible at any time on the site monkey-products.com and will prevail over any other document.
The Customer declares to have read these Terms and Conditions and to have accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure of the site monkey-products.com.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
The Seller’s contact information is as follows:
PROOF, SAS acting under the name MONKEY PRODUCTS
Share capital of 2000 euros
Registered at the RCS of Montpellier, under the number 819 028 895
23 Avenue de Montpellier, 34680 Saint-Georges-d’Orques, France
Email : contact@monkeys-sauce.com
Phone number: 04 67 75 40 77
ARTICLE 2 – Prices
The Products are supplied at the prices in force appearing on the site monkey-products.com, at the time of the recording of the order by the Salesman.
The prices are expressed in Euros, HT and TTC.
The prices take into account any discounts that would be granted by the Seller on the site monkey-products.com.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside of the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 3 – Orders
It is the Customer’s responsibility to select on the site monkey-products.com the Products he wants to order, according to the following modalities :
To place an order on the Site, the Buyer must respect the following steps:
- Product selection: among the different categories of Products offered on the Site, the Buyer selects one or more Products that he/she intends to order by clicking on the corresponding “ADD TO BASKET” icon.
- The Buyer then clicks on “VIEW MY CART”. The Customer must then verify that the prices, volumes and quantities of the Products appearing in the order summary, the “BASKET”, correspond to his/her desire to purchase.
- To identify himself, the Buyer must fill in his account identifier and password, create a customer account on the Site or fill in his Paypal account identifiers.
- the Buyer selects the proposed delivery method.
- the Buyer clicks on the button ” FINISH MY ORDER ” to finalize his order then on the button ” VALIDATE AND PAY MY ORDER “. By clicking on this button, the Buyer is reminded of his obligation to pay the indicated price.
- The Buyer acknowledges the GTC and accepts them by validating the corresponding checkbox to proceed with the payment.
The order is completed as soon as the Buyer has confirmed the payment. In the case of a payment by credit card, bank details are not collected by MONKEY PRODUCTS.
Order Confirmation: the order of the Buyer is confirmed by MONKEY PRODUCTS, by sending an email summarizing the contents of the order.
This document constitutes proof of the order and must be kept by the Buyer as proof of purchase.
The invoice is also made available to the Buyer on his customer account upon shipment of his order.
The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.
The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the site monkey-products.com constitutes the formation of a contract 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 over payment of a previous order.
The Customer will be able to follow the evolution of his order on the site.
ARTICLE 4 – Terms of payment
The price is paid by secure payment, according to the following methods:
The price is payable in cash by the Customer, in full on the day the order is placed.
The payment data are exchanged in encrypted mode through the protocol defined by the approved payment provider involved in banking transactions conducted on the site monkey-products.com.
Payments made by the Customer shall not be considered final until the Seller has received the amounts due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France or in the following areas:
Europe.
Deliveries are made within 2 working days to the address indicated by the Customer when ordering on the site.
Delivery is the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
If the ordered Products were not delivered within 14 Days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be solved at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption The sums paid by the Customer will then be returned to him at the latest in the fourteen days following the date of denunciation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier, to the address given by the Customer at the time of the order and to which the carrier will have easy access.
When the Customer has himself hired a carrier of his own choosing, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto shall be subject to specific additional invoicing, upon prior written acceptance by the Customer.
The Customer is required to check the condition of the delivered products. He has a period of #254 Maximum time for … from delivery to make claims by To exercise its right of withdrawal, the Buyer must inform MONKEY PRODUCTS of its decision to withdraw, before the expiry of the deadline and by any means. The decision to withdraw must be unambiguous. He can also send by post or electronically, accompanied by all the related documents (photos in particular). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto shall only be made at the time the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer shall only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – Right of withdrawal
According to the terms of article L221-18 of the Consumer Code ”
For contracts providing for the regular delivery of goods during a defined period, the time period shall run from receipt of the first good.”
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and including by mail addressed to the Seller to the postal address or email indicated in ARTICLE 1 of the GTC.
The returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The cost of return shipment will be charged to the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set forth in this Article.
ARTICLE 8 – Seller’s liability – Warranties
The Products supplied by the Seller benefit from :
- the legal guarantee of conformity, for the defective, damaged or damaged Products or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.”
Article L217-5 of the Consumer Code
“The property conforms to the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good.”
Article 1641 of the Civil Code.
“The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.”
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
Article L217-16 of the Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
In order to assert his rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.
Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products found to be non-conforming or defective shall be made as soon as possible and no later than 365 days after Seller has determined the non-conformity or hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Seller shall not be engaged 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 check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Seller’s warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.
ARTICLE 9 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data that are collected on the site monkey-products.com are the following:
When ordering Products by the Customer: Name, first name, postal address, telephone number and e-mail address.
Within the framework of the payment of the Products proposed on the site monkey-products.com, this one records financial data relating to the bank account or the credit card of the Customer / user.
9.2 Recipients of personal data
Personal data are used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is (are):
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- Transport providers
- Payment institution providers
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of the Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expressly agrees, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and Privacy
Seller implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Customer and User Rights
In application of the regulation applicable to personal data, the Customers and users of the site monkey-products.com have the following rights:
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- They can update or delete their data in the following ways:
All accounts can view, edit or delete their personal information at any time (with the exception of their login). The site managers can also see and modify this information.
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- They can delete their account by writing to the email address indicated in article 9.3 “Data controller”.
- They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”.
- If the personal data held by the Seller are inaccurate, they can request the update of the information by writing to the address indicated in Article 9.3 “Controller”.
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”.
- They may also request the portability of data held by the Seller to another provider
- Finally, they may object to the processing of their data by the Seller
These rights, as long as they are not opposed to the purpose of the treatment, can be exercised by sending a request by mail or by E-mail to the person in charge of treatment whose coordinates are indicated above.
The data controller must provide a response within a maximum of one month.
In case of refusal to grant the Customer’s request, reasons must be given.
The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he/she agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 – Intellectual Property
The content of the site monkey-products.com is the property of the Seller and its partners and is protected by French and international laws on intellectual property.
Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.
ARTICLE 11 – Applicable law – Language
The present GTC and the operations which result from it are governed and subjected to the French law.
The present GTC are written in French language. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 – Disputes
For any complaint, please contact the customer service at the postal or e-mail address of the Seller indicated in ARTICLE 1 of these GTC.
The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
In this case, the designated mediator is: AME CONSO
AME CONSO, 11 Place Dauphine – 75001 PARIS
http://www.mediationconso-ame.com/
The Customer is also informed that he can also resort to the Online Dispute Resolution (ODR) platform
All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.
