GENERAL TERMS AND CONDITIONS OF SALE
Last update date: 09/14/2022
Article 1 – LEGAL NOTICES
This site, accessible at the URL miye.care is published by:
MiYé, a simplified joint-stock company with capital of 11,001.40 euros, registered with the R.C.S. of ANTIBES under number 881 528 467, whose registered office is located at 334 chemin des Indicas 06160 Antibes represented by Caroline de Blignières, duly authorized,
The individual VAT number of the Operator is: FR14881528467
The Site is hosted by the company KINSTA located 222-22 boulevard Gustave Flaubert, 63000 Clermont-Ferrand, telephone: 0444446041.
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The General Terms and Conditions of Sale (or the “GTC”) are applicable exclusively to the online sale of products offered by the Operator on the Website.
The GCS are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.
The T&Cs are enforceable against the customer who acknowledges, by ticking a box or clicking on the button provided for this purpose, having read them and having accepted them before placing an order. The validation of the order by its confirmation implies acceptance by the buyer of the GCS in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.
Article 3 – DESCRIPTION OF PRODUCTS
The Site is an online sales site for food and cosmetic supplements (hereinafter the “Product(s)”) open to any natural or legal person using the Site (the “Customer”).
The Products presented on the Site are each the subject of a description (established by the supplier or accessible on the manufacturer’s site via a link found on the Site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The Product’s user manual, if it is an essential element, appears on the Site or is sent at the latest upon delivery. The Products comply with the requirements of French law in force.
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at his expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.
The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.
Article 4 – CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create his personal customer space. Once created, to access it, the Customer must identify himself using his username and his secret, personal and confidential password. It is up to the Customer not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the username and password, allowing him to access his customer area, the Customer acknowledging that he is solely responsible for access to the Service through his username and password, except proven fraud. Each Customer also undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his username and/or password.
After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space.
The Customer agrees when registering to:
• deliver real, accurate, up-to-date information when it is entered into the service registration form, and in particular not to use false names or addresses, or even names or addresses without being authorized to do so.
• keep the registration data up to date in order to permanently guarantee their real, exact and up-to-date character.
The Client further undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer’s access to the Site at its sole fault.
Article 5 – ORDERS
The Operator strives to guarantee optimal availability of its Products. Product offers are valid within the limits of available stocks.
If, despite the best efforts of the Operator, a Product proves to be unavailable after the Customer’s order, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice between:
• the delivery of a Product of a quality and price equivalent to
the one originally ordered, or
• reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.
It is agreed that apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
With the exception of any mention to the contrary appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer’s orders are firm and definitive.
When placing an order, the Customer must select the chosen Products, add them to his basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.
The Customer undertakes to read the General Conditions of Sale then in force before accepting them and to confirm the terms and any costs of delivery and withdrawal prior to payment of his order. Confirmation of the order entails acceptance of the GCS and forms the contract.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the “my account” space. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.
The Operator reserves the right not to validate the Customer’s order for any legitimate reason, in particular in the event that:
• The Customer would not respect the General Conditions in force at the time of his order;
• The Customer’s order history shows that sums remain due under previous orders;
• One of the Customer’s previous orders is the subject of a dispute being processed;
• The Customer has not responded to a request for confirmation of his order sent to him by the Operator.
The Operator archives the contracts for the sale of Products in accordance with the applicable legislation. By making a request to firstname.lastname@example.org, the Operator will provide the Customer with a copy of the contract subject of the request.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the responsibility of the Operator cannot in any way be sought in the event that an error when placing the order prevents or delays delivery/delivery.
The Customer declares to have the full legal capacity allowing him to engage under these General Conditions.
Registration is open to capable adults and minors on the condition that they intervene under the supervision of the parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent it (legal person for example). Registration is strictly personal to each Customer.
In the event of a breach by the Customer of one of the provisions hereof, the Operator reserves the right to terminate the account of said Customer without notice.
Article 6 – TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order made on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.
In any case, the Operator reserves the right to check the validity of the payment, before the dispatch of the order, by all necessary means.
The Operator uses the STRIPE online payment solution.
Orders can be paid for using one of the following payment methods:
• Payment by credit card. Payment is made directly on the Operator’s bank’s secure banking servers, the Customer’s bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these coordinates are not accessible to third parties.
• Payment via a 100% secure and encrypted Paypal account.
The Customer’s order is recorded and validated upon acceptance
tation of payment by the bank.
The Customer’s account will be debited with the corresponding amount only when the details of the bank card used have been verified and the debit has been accepted by the bank that issued the bank card.
The impossibility of debiting the sums due will result in the immediate nullity of the sale.
The credit card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
Article 7 – PAYMENT OF THE PRICE
The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the advertising period for the promotion.
The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include discounts and rebates that the Operator may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.
Article 8 – FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.
The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order, he must confirm it by the “double-click” technique, i.e. after having selected the Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on “validate the order”, then he acknowledges accepting these GCS before clicking on the “order” button, finally he validates his order after having filled in his bank details. The “double click” is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The archiving of communications, purchase orders and invoices is ensured by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions between the Operator and its Customers.
The order can be resolved by the Customer by writing to email@example.com in the event of:
• delivery of a Product that does not conform to the declared characteristics of the Product;
• delivery exceeding the deadline set in the order form or, in the absence of such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, according to the same terms and without result, to make the delivery within a reasonable additional time;
The order can be resolved by the Operator in the event of:
• the buyer’s refusal to take delivery
Article 9 – RETENTION OF OWNERSHIP
The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.
Article 10 – SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator offers you different delivery or delivery methods depending on the nature of the product:
Home delivery with Colis Privé or Colissimo
Delivery to a MONDIAL RELAY pick-up point
The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.
The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been previously refused.
However, if one or more Products cannot be delivered within the time initially announced, the Operator will send an email indicating the new delivery date to the Customer.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
On delivery, you may be asked to sign a receipt.
No delivery will be made to a PO Box.
On delivery, it is the Customer’s responsibility to check that the Products delivered comply with his order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively indicate it on the delivery note. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery note.
Article 11 – RIGHT OF WITHDRAWAL
If a Product delivered does not give full satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 and following of the Consumer Code, the Customer is invited to complete the standard withdrawal form and send it to us by post or to firstname.lastname@example.org.
The Operator will send an acknowledgment of receipt of the Customer’s withdrawal request by e-mail.
If necessary, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
• name, geographical address, telephone number and e-mail address;
• decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail when these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form but it is not mandatory.
Return costs are the responsibility of the Customer, unless the goods cannot normally be returned by post, in which case the Operator will recover the Product at its own expense.
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:
• supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal;
• supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
• supply of goods made to the consumer’s specifications or clearly personalized;
• supply of goods liable to deteriorate or expire rapidly;
• supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• supply of alcoholic beverages whose delivery is deferred for more than thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control;
• maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
• supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
• concluded at a public auction;
• provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
• supply of digital content not supplied on a physical medium, the execution of which has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact contact details (surname, first name, address).
Customer’s complete documents as well as the order number, and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements allowing the Customer to be reimbursed. This refund may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credit notes / gift vouchers may be reimbursed by credit notes / gift vouchers according to the Operator’s wishes.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 12 – CUSTOMER SERVICE
The Customer can contact the Operator:
• by email by contacting email@example.com indicating his name, telephone number, the subject of his request and the number of the order concerned.
Article 13 – INTELLECTUAL PROPERTY AND SITE USE LICENSE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.
Furthermore, it is specified that the Operator is not the owner of the content put online by the Customers, for which the latter remain fully responsible and guarantee the Company against any recourse in this respect. Customers grant the Operator a non-exclusive transferable, sublicensable, free and worldwide license to use the intellectual property content they publish on the Site, for the entire duration of protection of this content.
The Operator reserves the right to take legal action against persons who have not complied with the prohibitions contained in this article.
ARTICLE 14 – LIABILITY AND GUARANTEE
The Operator cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or the unforeseeable and insurmountable fact of any third party herein.
The Operator cannot be held responsible for information imported, stored and/or published on the Site by Customers. The Operator cannot be held responsible for any information published by a Customer on the Site and for direct or indirect damage that this use could cause to a third party, the Customer at the origin of the publication remaining solely responsible for this. title.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or their presentation.
The Operator cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and for his behavior vis-à-vis third parties. In the event that the responsibility of the Operator is sought because of such behavior of one of its Customers, the latter undertakes to guarantee the Operator against any judgment pronounced against it as well as to reimburse the Operator of all costs, including attorneys’ fees, incurred for its defence.
The Customer is solely responsible for all of the content that he puts online on the Site, of which he expressly declares that he has all the rights, and guarantees the Operator in this respect that he does not put online contents
violating third-party rights, in particular intellectual property, or constituting an attack on persons (in particular defamation, insults, insults, etc.), respect for private life, an attack on public order and morality (in particular, apology crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of violation of the laws in force, morality or these General Conditions, the Operator may automatically exclude the Customers who have been guilty of such offenses and delete information and references to this contentious content. The Operator is qualified as a host with regard to the content put online by third parties. As such, it is recalled that the Operator has no general obligation to monitor the content transmitted or stored via the Site. In the event that the Operator’s liability is sought for content posted by the Customer, the latter undertakes to guarantee the Operator against any conviction pronounced against it and to reimburse the Operator. of all costs, in particular attorneys’ fees, incurred for his defence.
Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When you act within the framework of the legal guarantee of conformity:
• you have a period of two (2) years from delivery of the goods to act:
• you can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
• you are 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 (except second-hand goods).
You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of article 1641, 1644 and of the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Conditions:
Art. L.217-4 of the consumer code:
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Art. L.217-5 of the consumer code:
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted. »
Art. L.217-7 of the consumer code:
“The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Art. L.217-9 of the consumer code:
“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.
Art. L.217-12 of the consumer code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Art. 1641 of the civil code:
“The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use.
wise, that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known them. »
Art. 1644 of the civil code:
“In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. »
Art. 1648 paragraph 1 of the civil code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
It is reminded that the search for amicable solutions prior to a possible legal action does not interrupt the deadlines for action of the legal guarantees nor the duration of any possible contractual guarantee.
ARTICLE 17 – PERSONAL DATA
Article 18 – HYPERTEXT LINKS
The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use the third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
In addition, the Customer acknowledges that the Operator cannot guarantee, guarantee or endorse all or part of the conditions of use and/or the content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform him of any hypertext link present on the Site which would allow access to a third party site offering content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.
ARTICLE 20 – GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute all of the rights and obligations of the Company and the Operator relating to their subject. If one or more stipulations of these General Terms and Conditions were declared void pursuant to a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope. In addition, the fact for one of the parties to these General Conditions not to avail itself of a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of rely in the future on such a breach.
CHANGES TO TERMS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease to operate all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site.
The Client acknowledges that the Operator cannot be held liable in any way whatsoever towards him or any third party as a result of these modifications, suspensions or terminations.
The Operator advises the Customer to save and/or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the performance of the contract if necessary.
COMPLAINT – MEDIATION
In the event of a dispute, you must first contact the company’s customer service at the following coordinates: firstname.lastname@example.org
These General Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER
The Customer acknowledges having carefully read these General Conditions.
By registering on the Site, the Customer confirms that he has read the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.
The General Conditions applicable to our customer are those available on the date of the order, a copy dated to date of which can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions which would be made by the Operator will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.
MiYé is a registered and protected trademark.
All rights to the MiYé trademarks and distinctive signs, and intellectual property rights to the products, product names and site architecture as much as the elements and documents displayed on the miye.care site accessible via your computer and/or smartphone, taken together or separately, are the property of the company MiYé whose head office is located at 334 chemin des Indicas 06160 Antibes or of the entities concerned. MiYé holds all the intellectual and material rights of the elements belonging to it.
Rights are reserved.
All contents of our documents are covered by copyright. These contents may not be reproduced freely without prior request and without indicating the source in accordance with the conditions provided for in Article L 122-4 of the Intellectual Property Code.
Under no circumstances is the visitor to the site authorized to reproduce, modify, use or reuse all or part of the content of the site for public or commercial purposes, including texts, images, media, unless the prior written consent of the MiYé company was obtained.
No license or right other than that of consulting the site is granted. Any reproduction of trademarks, distinctive signs, products and generally of all documents published on the Site is prohibited.
By way of derogation, the reproduction of any document published on the site is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Any reproduction or other use without the agreement of MiYé will constitute an infringement and will be prosecuted and sanctioned in accordance with the title of Intellectual Property.
Offers and prices
The offers (promotions, gifts, shipping costs) offered on the MiYé Site may be exclusive and different from the offers offered in MiYé’s catalogs, promotional mailings and press announcements, which may not be available on the Site. Internet version computer or mobile.
The prices of our products are indicated in euros including tax, a fixed contribution to the costs of provision (shipping, packaging, processing of the order and delivery), according to the current price list (see section Delivery of products below) is due in addition to the price of the products.
Offers and prices are subject to variations during the year, it being understood that the products ordered are invoiced at the prices in force (i.e. displayed on the Site) at the time of placing the order by the buyer.
Promotional offers are valid as long as they are displayed on the Site, during the period of validity they mention and within the limits of available stocks.
From placing the order to confirming the transaction
To place an order, simply follow the instructions below:
Your basket: this is a summary of the selection of items ordered and gifts offered when ordering.
You are informed that when you start to fill your basket and you do not go through the ordering process, by abandoning your basket, we are likely to contact you, by email or telephone call from our customer service, in order to to remind you that you have a basket still pending and find out if we can help you, by providing you with any explanation you may need, in order to finalize your order.
You are also informed that when you order after you have unsubscribed from our newsletter or from receiving our paper and electronic offers, you will automatically reintegrate our customer file, which may lead us to send you our offers again, unless you withdraw your consent or opposition on your part to our company after your new order, by contacting us or by going to your account allowing you to manage the newsletters.
To build your basket:
– you can access the products of your choice by going to their dedicated product sheet, and entering the desired quantity. Then click ADD TO CART. A window then appears and you can choose to finalize your order or continue shopping.
– You can also enter the reference of your product directly in the basket in the appropriate box at the top of the page
At the beginning and at any time of the order process until it’s
validation, you can access your basket by clicking on the “My basket” icon at the top right of each page.
From the start of the order or at any time during the placing of your order, by clicking on My basket or by consulting the summary on the right of the steps of the order tunnel, you can access information on the amount of delivery costs, the geographical area of delivery and any restrictions on the order.
To know the delivery costs, you can click on Free delivery* or delivery costs.
Step 1: My basket
You then arrive on the summary page of your order on which you will find:
• The list of products in your basket
• The gifts to which you are entitled
• A field to enter your possible advantage code
• Delivery costs at your expense in addition to the price of the products
At this stage, you have the option of continuing your purchases by clicking on “Continue shopping” or going to the next stage by clicking on “Validate my basket”.
Step 2: Identification
If you already have a customer account on the website, enter your e-mail address and password. Information relating to your identity as well as your contact details will be automatically integrated into your order.
If you wish to modify information, click on “modify”.
If you do not have a customer account, create one in a few clicks. It is mandatory to register to place an order. Your customer account allows you to find your personal information without having to re-enter it, and to modify it if necessary.
To proceed to the next step, click on “SIGN IN” (if you already have an account) or “CREATE MY ACCOUNT” (if you are a new customer).
Step 3: Delivery information: prices and geographical area
You have the possibility to choose between:
• Your usual address entered in your customer account
• Another address of your choice
• Mondial Relay delivery to a pick-up point.
This step also allows you to choose a billing address which may be different from the delivery address and to consult the amount of the contribution to the shipping, packaging and processing costs of your order.
To go to the next step, click on “CONFIRM MY ORDER”.
Step 4: Payment method
At this stage, you can choose to pay directly online by credit card using a totally secure payment tool.
By clicking on “order”, you agree to pay the amount of your order and you will arrive directly on the bank’s website to make your payment online.
Step 5: Confirmation of your order
Once your order has been validated, you will receive an email confirming your order. This e-mail will summarize your identity, the details of the products purchased, the price to be paid and the method of payment chosen, the costs and the delivery address.
If you wish, the invoice can be downloaded in PDF format and a history of your last orders is available in the “my account” section.
As a convention of proof, our order recording systems show your identifiers and the elements you have entered, the date and the content of the order, which you accept.
Your order is thus confirmed by our services, subject to subsequent verification by our services of the conformity of the order with the offer present at the time of the order and the absence of an unpaid previous order.
You will also receive an email notifying you of the shipment of your order.
Subscription plans are available on the site. You receive the products every 2 or 3 months.
When you validate an order with a subscription formula, delivery will always be free (France only).
The subscription is non-binding, you can suspend it whenever you want directly via your customer account, on your dashboard.
The MiYé Site allows you to place and validate your order online by paying by payment card. Your purchases are 100% secure thanks to the payment control and security solution SIPS Payment from our partner Stripe and PayPal. In addition, we have adopted the SSL encryption process which ensures data confidentiality. You can also control the security of the payment, and of your personal data by checking in the
address bar of the browser that the address begins with “https”. Depending on the browser you are using, a pictogram in the shape of a key or padlock should appear. You also have the option of paying 3X free of charge from €50 with the Alma split payment solution.
RETENTION OF OWNERSHIP CLAUSE: THE PRODUCTS REMAIN OUR PROPERTY UNTIL RECEIPT OF THE PAYMENT OF THE PRICE OF THE PRODUCTS, AS WELL AS COSTS OF PARTICIPATION IN THE SHIPPING AND PROCESSING COSTS RELATING TO THE PURCHASED PRODUCTS CONCERNED.
Order confirmation and product availability
Once your order has been validated, you will receive an email confirming your order.
In the fortunately rare case where one of the products ordered is not available in stock, you will be notified of this on your invoice.
• In the event of a short-term out of stock (1 month maximum), we reserve the right to delay our shipment by a few days, the time to restock.
• If the out of stock should have a longer duration, a first package will be immediately dispatched with the available products. MiYé will ship the other products at its expense upon receipt. You will then be notified of this situation on the confirmation email. If you wish, you can cancel the shipment of the remainder by contacting customer service by email email@example.com, and be reimbursed.
• In case of final exhaustion of the product, you will be notified and a proposal of your choice, cancellation and refund of payment or replacement will be made to you.
In the event of unavailability of products, we may be required to deliver a product of equivalent quality, of value at least equal to or greater than the product purchased. If it does not suit you, you can return it to us within the withdrawal period. Exceptionally, the return costs will be at our expense, and we will refund them to you at your request, in addition to the refund of the price and the flat-rate contribution to the processing and postage costs for sending the products.
In the event of the unavailability of gifts offered with or without an obligation to purchase and payment of a contribution to the processing and shipping costs of the same amount as for order parcels, we may offer you another gift of the nature and value equivalent.
Delivery of products
MiYé undertakes to process orders for items ordered on the Internet or via the mobile site as soon as possible, and whenever possible, to provide the carrier with your package after receipt and processing of your order, within 3 to 5 working days from the registration of your payment by credit card when ordering for delivery in mainland France and Monaco.
If the maximum deadline could not be met, you could cancel your order, free of charge, under the conditions of articles L216-1 and following of the Consumer Code, by registered letter with acknowledgment of receipt or by writing on a durable medium, if, after having instructed us, under the same terms, to make the delivery within a reasonable additional period, MiYé has not complied within this period. The contract will be considered resolved upon receipt of your letter or writing informing us of this resolution, unless you have been delivered in the meantime.
Nevertheless, when this date or this delivery period constitutes for you an essential condition of the contract which results from the circumstances which surround the conclusion of the contract or from an express request on your part before the conclusion of the contract, you can terminate the order immediately.
In the event of cancellation, we will reimburse you for all sums paid, at the latest within fourteen days following the date on which the contract was terminated, under the legal conditions.
Outside mainland France and Monaco, the delivery times mentioned below are dependent on the country of destination and the postal times of the country. The maximum period is extended for these destinations to 30 days.
Destination: Metropolitan France
Estimated delivery time is 1-3 days.
If the delivery attempt fails, the customer can reschedule the delivery before 4 p.m. the same day, following the instructions received by SMS or e-mail. After this time, the package is automatically redirected to the nearest collection point (Mondial Relay network or Hopps Store) and remains there for 10 days.
Estimated delivery time is 1-3 days.
If the delivery attempt fails, the customer can reschedule the delivery before 4 p.m. the same day, following the instructions received by SMS or e-mail. After this time, the package is automatically redirected to the nearest collection point (Mondial Relay network or Hopps Store) and remains there for 10 days.
The delay of the
Estimated delivery is 3 to 5 days.
Packages are tracked and delivered against signature
If the delivery attempt fails, the package is automatically redirected to the nearest collection point for 10 days (Relais Pickup network)
Outside metropolitan France
The delivery time is estimated at 3 to 5 days for Europe and 6 to 12 days for the rest of the world.
Lump-sum contribution to the costs of making available
For each order, a flat-rate contribution to the costs of provision is requested, which includes postage, packaging and processing of the order, the amounts of which are specified below.
Your basket indicates by default the fixed contribution to the costs of provision for Metropolitan France. If you select another country of delivery, your basket is automatically updated with the amount of the flat-rate contribution to the delivery costs corresponding to the destination you have chosen.
The information on your flat-rate participation and the threshold required to benefit from the participation fees offered are automatically entered in the basket at the bottom right, depending on the destination you have chosen.
Fixed participation invoiced by zone:
Valid for offers accessible on the Site, excluding special promotional offers, accessible via advantage codes, advertising inserts or emailings, for which special conditions of participation in shipping, packaging and processing costs, limited in time, may be offered to you: in such a case, please refer to the conditions of the offer or of your benefit, notwithstanding the conditions below.
Flat-rate contribution to the costs of providing and shipping your package :
At home (Colissimo, Private Parcel) 1 to 3 working days €5.90 Free from €58 of purchases
In relay point (Mondial Relay) 3 to 5 working days €4.90 Free from €46 of purchases
Zone 1 – Cyprus, Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Republic Czech, Slovakia, Slovenia, Sweden
At home (Colissimo, Delivengo) 3 to 5 working days €11 Free from purchases of €150
ZONE 2 – Switzerland, Iceland, Morocco, Algeria, Tunisia, Finland, Norway, Turkey, San Marino, Liechtenstein, Andorra, Vatican, Spanish and Portuguese Islands, United Kingdom
At home (Colissimo, Delivengo) 3 to 5 working days €14 Free from purchases of €150
Reunion, Mayotte, Guadeloupe, Martinique, Saint Barthélémy, Saint Pierre and Miquelon, Saint Martin (French part), New Caledonia, French Polynesia, Wallis and Futuna, French Guiana
At home (Colissimo Access) 6 to 12 working days €20.90 Free from purchases of €200
REST OF THE WORLD
At home (Colissimo, Delivengo) 6 to 12 working days €25.90 Free from purchases of €200
Right of withdrawal or return of purchased products, MiYé Satisfied or Refunded Guarantee
Legal right of withdrawal:
In accordance with the law, for any distance purchase, you have the right to return the products purchased, without giving any reason, on the condition that you inform us of your decision within fourteen days of receipt of the products.
To exercise the right of withdrawal, you must notify your decision to withdraw from this contract by means of an unambiguous declaration by email to the address firstname.lastname@example.org.
The MiYé Money-Back Guarantee:
In order to serve you better, MiYé extends the information period for the exercise of the right of withdrawal to 14 days and extends the right of withdrawal to its hygiene products, food supplements and well-being, including products perishable or that you would have unsealed to try them or smell them, without having to justify reasons.
The products must be returned to us within 14 days after you have informed us of your decision to withdraw from this contract, if possible accompanied by their original packaging (even opened and tested or tried) to the address MiYé 334 chemin des Indicas 06160 Antibes.
These returns must be made by the Postal Services only.
In accordance with the law, the articles will be refunded to you within 14 days following the return of the articles, on the basis of the price of the product(s) purchased. The shipping costs paid when ordering are reimbursed to you on the basis of the standard flat-rate contribution for sending orders, excluding any supplement that may have been paid for a delivery.
Return shipping costs are your responsibility.
In the event of use of the article beyond a trial within a reasonable limit, a discount may be applied to you and charged to the reimbursement to be made.
The refund will be made to you after receipt of the returned product and/or justification of proof of its return and unless you agree, we will use the same means of payment as the one you used (credit card, credit note, reduction voucher, gift ).
You have the legal guarantee of conformity of the delivered product and the defects of the thing sold under the legal conditions (articles L211-4, L211-5, L211-12 of the consumer code and 1641 and 1648 of the civil code), according to which, in accordance with the law:
The seller is liable for defects in the conformity of the goods with the contract under the conditions of article L211-4 and following of the Consumer Code and for hidden defects in the thing sold under the conditions of articles 1641 and following of the Civil Code.
When acting under the legal guarantee of conformity, the consumer:
• has a period of two years from delivery of the property to act;
• can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 211-9 of the consumer code;
• is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
It is recalled that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
Information available on the Site
We do our best to ensure the accuracy and updating of the information published on the MiYé Site, and to present our products to you, with our best care, in order to provide you, in accordance with the legislation in force, with all information useful on their composition, their properties and their use. Despite all our precautions, errors may occur in advertising messages or sales documents. If necessary, we ask you to excuse us and report them to us.
We reserve the right to correct the content of the Site at any time and without notice.
Preservation and archiving
Orders placed on the site are stored and archived on a reliable and durable medium.
Protection of your personal data
The information concerning you is intended for MiYé in order to provide you with its services, personalized information and practical advice. MiYé is committed to protecting your personal data. Certain data is mandatory for the processing of your request (they are indicated to you by the sign *) They are kept for a period of 3 years from the last contact. This information may be the subject of automated decision-making aimed at evaluating your preferences or personal interests. In accordance with the French law “Informatique et Libertés” n ° 78-17 of January 6, 1978 as amended and European Regulation 2016/679, you can request access to the information which concerns you, to have it rectified, modified, or deleted, for object to their processing by MiYé, or to request their portability, by writing to email@example.com. For any request relating to your personal data, you can contact the data protection officer at the following address: firstname.lastname@example.org, or file a complaint with the Commission Nationale Informatique et Libertés.
In addition, if you have subscribed to our newsletter or have requested to receive our targeted and selected electronic offers, or those of our partners, by checking the corresponding box or boxes, or if you are a MiYé Customer, we We will be pleased to send you our newsletters and make you benefit from privileged commercial offers, by e-mail, to the e-mail address that you will have communicated to us. To unsubscribe, simply go to My account > My newsletter subscriptions or click on the Unsubscribe link at the bottom of the message received.
You are a customer:
You are likely to receive commercial offers from our company by email, provided that we have obtained your consent.
You are not yet a customer of our company:
By subscribing, you will be able to receive our newsletter by email, provided that we have obtained your consent.
All contents of our documents are covered by copyright. These contents may not be reproduced freely without prior request and without indicating the source in accordance with the conditions provided for in Article L 122-4 of the Intellectual Property Code.
MiYé informs you that during your visit to the miye.care Site, accessible from your Terminal equipment, information relating to your browsing may be recorded on your terminal equipment in files and tracers called cookies issued by MiYé, for the purpose of to allow the execution of the contract, or to facilitate and personalize your navigation on the site. They can also be issued by our partners in order to adapt their advertising offer to your experience on our Site. Some cookies are essential, others optional.
A cookie is a simple text file, stored on the hard drive of your terminal equipment (computer, Smartphone, tablet, etc.) issued by the server of the Website you are visiting. It contains several pieces of data and is used to send information to the browser used by the terminal and to allow this browser to send information back to the Site that placed the cookie.
To be informed and manage my cookie preferences, and to have more information on our cookie use policy, you can access our charter.
The acceptance of cookies is mandatory for the creation of your account allowing the placing of your order by Internet from your computer or the mobile site.
You can disable cookies; in such a case you will be able to access the Website, but will not be able to order on the Internet via the miye.care Website.
To know the procedures for disabling cookies, depending on your software, you can also find all the information on the disabling procedures on the CNIL website.
The expiry dates as well as the batch numbers are indicated on the articles which require it. Each batch being identified in the laboratory, you can ask us if necessary.
MiYé cannot be held responsible if the execution of the contract concluded is delayed or prevented due to a case of force majeure, to which is assimilated any fact of disturbance, social conflicts, malfunction or interruption of the electrical network or the networks of telecommunications, pandemic or any blockage beyond our control, or total or partial strike, in particular postal services and means of transport and/or communication foreign to MiYé, preventing the normal performance of the contract.
We remind all our customers that MiYé products are fitness and well-being products and can in no way be considered as medicines in their composition, or in their form and presentation.
MiYé cannot be held responsible for any inconveniences arising from use that does not comply with the advice given on the product and its packaging.
The products marketed by miye.care are manufactured in accordance with French regulations. For orders outside Metropolitan France, it is therefore up to the buyer to find out from the local authority in his country about any restrictions on the importation and use of the products ordered.
MiYé cannot be held responsible for the purchase of a product considered non-compliant in a given country, while this product complies with French regulations.
Specific risks related to computer networks
You declare that you know and accept the specific characteristics, hazards and risks associated with computer and telecommunications networks. In particular, insofar as MiYé takes the necessary and proportionate measures to ensure the safety and
fidelity of the processing it implements and the data it collects, in the state of the evolution of techniques, MiYé cannot be held responsible, in the following cases, without it being a question of an exhaustive list:
• Interruption of networks, delays or delays in the delivery of electronic messages or any other data;
• Hardware or software failures;
• Malevolence, data theft, computer viruses, insufficient protection and backup measures;
• Handling errors, misuse of hardware and software;
• Loss of data and/or transactions, business interruptions or other loss of a pecuniary nature resulting therefrom;
• Misuse or malicious use of data, texts, images or information
• Any case of force majeure, unforeseeable event or any other cause not depending on the deliberate will of MiYé.
MiYé cannot be held liable for services accessible via the Internet and in particular for any damage, direct or indirect, whatever the cause, origin, nature or consequence, caused by anyone’s access to the site, or the impossibility of accessing it, of the use of the site and/or of the credit granted to any information coming directly or indirectly from the latter.
Modification of the general conditions of sale
MiYé reserves the right to adapt or modify these general conditions at any time. The new general conditions of sale will be brought to the attention of the customer online and will only be applicable to sales made after the modification.
This Site is created by a company of French nationality and subject to French law.
The sales contract concluded on the site is subject to French law. The language of the contract is the French language.
In the event of a dispute, an amicable solution is sought. Our Customer Service is at your disposal for this purpose.
GENERAL TERMS AND CONDITIONS OF THE LOYALTY PROGRAM
(valid only on miye.care)
Presentation of the loyalty program:
Our loyalty program is accessible to everyone. From €10 spent on miye.care, earn and accumulate points that you can convert into discounts on our e-shop. (€10 of purchases = 1 loyalty point / 10 loyalty points = €10 reduction)
How to become a member of the loyalty program?
To do this, all you need is a MiYé account directly on the miye.care website (log in or register here).
How to earn points ?
Make your purchases on the MiYé shop and earn points from 10€ of purchase to allow you to benefit from exclusive reductions on the entire MiYé range. You can also earn points by posting a review or subscribing to our newsletter.
-> 10€ of purchases = +1 loyalty point
-> Creation of a customer account = +5 loyalty points
-> Send a video testimonial to email@example.com = +5 loyalty points
-> Use per order: minimum of 10 points and maximum of 50 points usable per order
(€10 of purchases = 1 loyalty point / 10 loyalty points = €10 reduction)
-> Subscription renewal allows you to accumulate points automatically, but not to use them because the order is done automatically.
How to use the points?
Make your purchases on the MiYé shop. Then go to your basket. Use your loyalty points (they are displayed directly in a banner at the top of the basket page). Apply the discount and proceed to checkout. Points are valid for 12 rolling months from the date they were collected.
-> 10 loyalty points = 10€ reduction
min points to deduct = 10 points
Max Points to deduct = 50 points
Special loyalty operations with exclusive advantages may take place on the site, you will be informed by our newsletter.
Points are added to the rounding down. Operations with exclusive advantages will be granted to members of the loyalty program.
How does it work?
Give the people you want to sponsor (no limit of number) a 12% discount coupon on their first order by sharing with them the sponsorship code (available in the customer account > Sponsorship) that they will have to enter in the dedicated field when they first register on the site.
In their customer area, in the Sponsorship section, they will then find their unique discount code to use when ordering in the “promo code” field of the shopping cart.
For each 1st confirmed order of one of your sponsored friends, you will receive a 5€ voucher on the site which will be sent to you by email. To be used in the “promo code” field during your purchase on miye.care.