Terms and Conditions

We will hereafter designate:

• “Site”: the Mybatana site and all of its pages.
  
• “Products” or “Services”: all the products (materials) and services (services) that can be purchased or to which it is possible to subscribe on the Site.
  
• “Seller”: Mybatana, legal or natural person, offering its Products or Services on the Site.
  
• “Customer”: the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
  
• “Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes which do not fall within the scope of its commercial, industrial, artisanal or liberal activity”.

The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these General Terms and Conditions carefully, to print them and/or save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the General Terms and Conditions and accepts them in full and without reservation.

Article 1 – Application of the General Terms and Conditions and purpose of the Site

The Seller reserves the right to modify the General Terms and Conditions at any time by publishing a new version of them on the Site. The General Terms and Conditions applicable to the Customer are those in force on the day of their order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the charter of data from this Site.

The Site is freely accessible to all Customers. The acquisition of a Product or Service implies acceptance by the Customer of all of these General Terms and Conditions, who at the same time acknowledges having read them fully. This acceptance may consist for example, for the Customer, of checking the box corresponding to the sentence of acceptance of these General Terms and Conditions, having for example the words “I acknowledge having read and accepted all of the general conditions of the Site< /em>”. Checking this box will be deemed to have the same value as a handwritten signature from the Customer.

Acceptance of these General Terms and Conditions presupposes on the part of the Customers that they have the necessary legal capacity for this. If the Client is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.

The Customer recognizes the evidentiary value of the Seller’s automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.

The Publisher makes available to the Customer, on its Site, a confidentiality charter specifying all the information relating to the use of the Customer’s personal data collected by the Publisher and the rights of which the Customer has access to this personal data. The data confidentiality policy is part of the General Terms and Conditions. Acceptance of these General Terms and Conditions therefore implies acceptance of the data confidentiality policy.

Article 2 – Creation of a customer account

The creation of a “customer account” is an essential prerequisite for any order from the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list being not exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of a change. The Client is solely responsible for the veracity, accuracy and relevance of the data provided.

The Customer registered on the Site has the possibility of accessing it by connecting using their identifiers (e-mail address defined during registration and password) or possibly by using systems such as third-party connection buttons of social networks. The Customer is entirely responsible for protecting the password he has chosen. It is encouraged to use complex passwords. If the Customer forgets their password, they can generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the Customer is therefore prohibited from transmitting it or communicating it to a third party. Failing this, the Seller cannot be held responsible for unauthorized access to a Customer’s account.

The customer account allows the Customer to view all orders placed on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the Seller’s liability could not be engaged, this information having no probative value but only a informative. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they are only of an informative nature intended to ensure efficient management of their orders or contributions by the Customer.

Each Customer is free to close their account on the Site. To do this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of its data will then be possible.

The Seller reserves the exclusive right to delete the account of any Customer who has contravened these General Terms and Conditions (in particular and without this example having any exhaustive nature, when the Customer has knowingly provided incorrect information, during their registration and the creation of their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage to the Customer who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility, for the Seller, of taking legal action against the Customer, when the facts justify it.

Article 3 – Method of subscribing to orders and description of the purchasing process

The Products and Services offered are those which appear in the catalog published on the Site. These Products and Services are offered while stocks last. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment to the extent that they cannot ensure perfect similarity with the physical Products.

Satisfied or Refunded: You have a 30-day guarantee from receipt of your package to return it to us. Contact us and we will initiate the returns procedure for you.

Basket
We will define below as “Basket” the intangible object grouping together all the Products or Services selected by the Customer of the Site for the purpose of a purchase by having clicked on these items. In order to place their order, the Customer chooses the Product(s) they wish to order by adding them to their “Basket”, the content of which can be modified at any time.

As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to purchase, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. . He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If he wishes to validate his order, the Customer must check the box relating to the ratification of these General Terms and Conditions and click on the validation button. The Customer will then be redirected to a page in which he must complete the order form fields. In the latter case, he must provide a certain amount of personal data concerning him, necessary for the order to be completed correctly.

All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until it is validated.

As soon as the Customer has completed the form, he will then be invited to make his payment using the payment methods listed in the section of these General Terms and Conditions relating to payments. After a few moments, the Customer will be sent an order confirmation email, reminding them of the content of the order and the price.

The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Article 4 – Price and payment terms

Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.

Mybatana reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force on the price of the Products or Services offered on the Site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer can place an order on this Site and can pay by credit card. Payments by credit card are made using secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer’s means of payment. Payment is made directly into the hands of the bank or payment provider receiving payment from the Customer. In the event of payment by check or bank transfer, the delivery times defined in the “Deliveries” article of these General Terms and Conditions only begin to run from the date of effective receipt of payment by the Seller, the latter being able to provide proof by any means. The availability of the Products is indicated on the Site, in the description sheet of each Product.

Mybatana will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 5 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitation, orders can be shipped anywhere in the world.

In the event of delivery of a Product from the European Union and in the French Overseas Territories, the Customer declares itself the importer of the Product and accepts that in such a case the Seller may be physically unable to communicate exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested

The customer agrees to cover customs fees.

You are responsible for entering the delivery address correctly; Mybatana is not responsible for packages that have been delivered to an incorrect address (that was given to Mybatana prior to shipping). In cases where Mybatana requires additional information regarding a shipping address, you may be asked by Mybatana to provide additional information. A delivery delay may occur if additional delivery address information is required.

The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product missing from the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer’s signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to comply with the Customer’s request to exercise his right of refusal.

If the Customer’s package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask them what action to take on their order. If the Customer has mistakenly refused the package, he or she may request its return by first paying the postal costs for the new shipment. Postal costs must be paid even for orders for which shipping costs were free when ordering.

In the event of a delivery or exchange error (if the right of withdrawal is applicable, that is to say if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal, according to Article L.221-18 et seq. of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or a false maneuver by the Customer cannot be attributed to the Seller.

Any delay in delivery compared to the date or deadline indicated to the Consumer Customer when ordering or, in the absence of indication of date or deadline when ordering, greater than thirty (30) days from from the conclusion of the contract may result in the termination of the sale at the initiative of the Consumer Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the Seller to make delivery he does not is not executed. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the totality of the sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Article 6 – Right of withdrawal and withdrawal form

In accordance with article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or of the conclusion of the contract for the provision of services, to withdraw. He will be required to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days from receipt by Mybatana of the refund request. /p>

The Product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to Mybatanaf. Return costs vary depending on the item, from five to sixty euros for a return to our non-European warehouse. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if it, due to its nature, cannot normally be returned by post.

If you exercise your right of withdrawal, we will immediately send you an acknowledgment of receipt of your corresponding declaration (e.g. by email). To comply with the withdrawal period:
(i) you must send us your declaration of withdrawal before the expiry of the said period;
(ii) the products must not have been used, opened or damaged;
(iii) the products must be returned intact and unused in their original packaging. If applicable, the packaging must retain the original seal.

Any product damaged, incomplete, missing or whose original packaging has been damaged, or without, will not be refunded or exchanged and will be returned to the customer, at the latter’s expense.

6.1 Exception to the application of the right of withdrawal In accordance with article L. 221-28 paragraph 5 of the Consumer Code, the legal right of withdrawal is excluded in the case of sealed items which have been opened after their delivery and which cannot be returned for health or hygiene reasons.

If the previous obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.

It is recommended that the Customer make the return using a solution allowing tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate the latter.

The reimbursement will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller uses another payment method, and to the extent that the reimbursement does not does not incur costs for the Customer.

The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such demonstration has not been took place previously.

In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

In accordance with article L221-5 of the Consumer Code, (“”Hamon law””) of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

Attn: Mybatana: contact@Mybatana

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of Customer(s):

Address of the Customer(s):

Signature of the Client(s) (only in the event of notification of this form on paper):

Date:

(*) Delete as applicable.

Article 7 – Product Warranty

Legal provisions to be reproduced

When acting under a legal guarantee of conformity, the consumer has a period of two years from delivery of the goods to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for by article L.217-9 of the Consumer Code; except for second-hand goods, it is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods, period extended to 24 months from March 18, 2016.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged no guarantee; in the event of implementation of this guarantee, the buyer has the choice between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the prescription cannot have the effect of extending the extinctive prescription period beyond twenty years from the day on which the right arose in accordance with article 2232 of the Civil Code.

All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;

Legal guarantee of conformity

According to articles L.217-4 et seq. of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product. However, when the defect appeared within 24 months following this date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with article L.217-7 of the Consumer Code, “the Seller may combat this presumption if it is not compatible with the nature of the [Product] or the lack of conformity invoked ”.

On the other hand, after this period of 24 months (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect actually existed. at the time of taking possession of the Product.

In accordance with article L.217-9 of the Consumer Code: “in the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice results in a cost that is manifestly disproportionate with regard 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.

Legal guarantee against hidden defects

According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have not purchased the Product or would not have purchased it at such a price if he had known of the defect).

Complaints, requests for exchange or reimbursement for a non-compliant Product must be made by post or by email to the addresses indicated in the legal notices of the site.

In the event of non-compliance of a delivered Product, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer for the amount of their order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then the responsibility of the Seller.

Article 8 – Customer Service

Customer service for this Site is accessible by email at the following address: [email protected] or by post to the address indicated in the legal notices.

Article 9 – Liability

The Seller Mybatana cannot be held responsible for non-performance of the contract concluded due to the occurrence of a force majeure event. Concerning the Products purchased, the Seller will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, damage or costs, which may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller’s liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, that is to say if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or Service allows withdrawal, according to the article L 221-18 et seq. of the Consumer Code.

The Customer expressly acknowledges using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, Mybatana cannot be held responsible under any circumstances:

• • any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use;

• • a malfunction, unavailability of access, misuse, poor configuration of the Client’s computer, or even the use of a browser little used by the Client;

• • the content of advertisements and other links or external sources accessible by Customers from the Site.

The photographs and visuals of the Products presented on the Site have no contractual nature, the Seller cannot therefore be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.

It may occasionally happen that information, inaccuracies or omissions concerning the description, prices, promotions, offers, shipping costs, delivery times and availability of products appear on our site or in the service. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order). The delivery page is a continuation of these general conditions of sale. Please view it here.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Article 10 – Intellectual property rights

All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the authorization of their owners.

Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting.

Any Customer who is guilty of counterfeiting would be likely to have his account deleted without notice or compensation and without this deletion constituting him any damage, without reservation of possible subsequent legal proceedings against him, at the initiative of the Seller or his agent.

The brands and logos contained in the Site may be registered by Mybatana, or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, disseminations and rebroadcasts incurs the sanctions provided for in articles L.713-2 et seq. of the Intellectual Property Code.

Article 11 – Independence of clauses

If any provision of the T&Cs is found to be unlawful, void or for any other reason unenforceable, then that provision will be deemed severable from the T&Cs and will not affect the validity and applicability of the remaining provisions.

These T&Cs replace all prior or contemporaneous written or oral agreements. The General Terms and Conditions are not assignable, transferable or sublicensable by the Customer himself.

A printed version of the T&Cs and any notices given in electronic form may be requested in legal or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these General Terms and Conditions must be drawn up in the French language.

Article 12 – Applicable law and mediation

These General Conditions of Sale are governed by and subject to French law.

Except for public order provisions, any disputes which may arise in the context of the execution of these General Terms and Conditions may, before any legal action, be submitted to the discretion of the Site Editor with a view to an amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for taking legal action. Unless otherwise provided by public policy, any legal action relating to the execution of these General Terms and Conditions must be subject to the jurisdiction of the courts of the defendant’s place of residence.

Consumption mediation

According to article L.612-1 of the Consumer Code, it is recalled that “”any consumer has the right to use a consumption mediator for free for the amicable resolution of the dispute between him a professional. To this end, the professional guarantees the consumer the effective use of a mediation system for consumption “”.

In this title Mybatana offers its consumer customers, in the context of disputes that have not found resolution amicably, the mediation of a consumption mediator, whose contact details are as follows:

Devigny Mediation
9 avenue René Gasnier D01
49100 – Angers
https://devignymediation.fr/

or

https://ec.europa.eu

Article 13 – Exclusion of guarantees; Limitation of liability

We do not guarantee, do not represent and guarantee that the use of our service will not be uninterrupted, fast, secure or error. We do not guarantee that the results that can be obtained from the use of the service will be accurate or reliable. You accept that from time to time, we can delete the service for an indefinite period or cancel the service at any time, without notice. You expressly accept that your use or inability to use the service is at your own risk. The service and all the products and services delivered to you through the service are (unless expressly indicated on our part) provided “”as it is”” and “”to the extent of their availability””, without any representation, guarantee or condition of any kind whatsoever, express or implicit, including all implicit guarantees or conditions of market quality, merchant quality, adequacy to particular use, sustainability, title and absence of counterfeiting. (However, your product will be guaranteed 1 year in accordance with the law in force)

Mybatana, our administrators, managers, employees, subsidiaries, agents, subcontractors, trainees, suppliers, service providers or license conceders cannot be held responsible for damage, losses, complaints, or direct consequences, Indirect, accessories, punitive, special or indirect. Indirect damage of all kinds, including, without limitation, loss of profits, income loss, savings made, data loss, replacement costs or any other similar damage, whether based on a contract , in tort liability (including negligence), to flawless responsibility, resulting in the use of a service or products purchased using the service, or for any other complaint linked in any way whatsoever to your Use of the service or any product, including, in particular, any error or omission in any content, or any loss or damage of any kind whatsoever resulting from the use of the service or any published content (or product), transmitted or otherwise made available via the service, even if it is notified.
Since certain states or jurisdictions do not authorize the exclusion or limitation of liability for indirect or accessory damage, in these States or jurisdictions, our responsibility is limited within the maximum limits authorized by law.

Article 14 – contact details

The site is published by Mybatana, limited liability company with the share capital of 2500 euros, registered with the RCS of Tartu under number 16152290, intra-community VAT number: EE102337147, whose head office is located in Endla 77- 6, Tallinn, Estonia.

Any question about the conditions of use must be sent to us at [email protected]