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Terms of sale

Terms and Conditions of Sale

The website www.myum.fr is published by MYUM SAS.

A French simplified joint-stock company with a share capital of twenty-eight thousand euros (€28,000), whose registered office is at 16 rue Linné, 75005 Paris, France. Registered with the Paris Trade and Companies Register (RCS) under SIREN 798-836-730.

MYUM SAS is represented by its President, Faustine DURAND.

All orders placed on the Website are subject to these Terms and Conditions of Sale (hereinafter the “T&Cs”). MYUM SAS reserves the right to adapt or modify these T&Cs at any time; the version applicable to any transaction is the one online at the time the order is placed.

These terms apply to the exclusion of any other general terms of sale or purchase. Placing an order implies full and complete acceptance of these T&Cs.

I – The Customer

The T&Cs apply only to consumer customers, i.e., any natural person at least 18 years of age and legally capable, or holding parental authorization, allowing them to validly place an order on the site and acting exclusively for their own account.

When entering personal data in the “My Account” section, the customer must ensure that the information provided is accurate and complete, as it is essential for processing the order.

In the event of an error, particularly in the recipient’s contact details, MYUM SAS cannot be held liable for the inability to deliver the ordered product.

For security reasons, MYUM SAS reserves the right to cancel any order when the IP address of the customer’s computer originates from a country different from the billing and/or delivery address.

II – Products

In accordance with Articles L.111-1 and L.111-3 of the French Consumer Code, the essential characteristics and prices of the products offered for sale by MYUM SAS are available on the website.

MYUM SAS takes the greatest care in presenting and describing its products in order to best inform the customer. However, non-material errors may appear on the site, which the customer acknowledges and accepts.

In any event, in the event the product delivered does not conform to its description on the site, the customer may either exercise their right of withdrawal or invoke MYUM SAS’s conformity warranty, in which case MYUM SAS will, where applicable and at its discretion, either exchange the product or refund the price (in whole or in part) that may have been charged.

The customer receives the information provided for in Articles L.122-1, L.121-11 to L.221-15 and L.242-2 of the Consumer Code, before and after the conclusion of the sale, in particular through these T&Cs.

III – Orders

Placing an order on the site requires compliance with the procedure established by MYUM SAS, consisting of a series of steps that the customer must follow to validate the order.

Before finally validating the order, the customer will be able to check its details and total price and correct any errors before confirming it to indicate acceptance.

Any order confirmed by the customer constitutes a sales contract and acceptance of all provisions herein.

Pursuant to Article L.122-11 of the Consumer Code, MYUM SAS may refuse any order from a customer if it is abnormal, placed in bad faith, or for any other reason, particularly if there is a dispute with the customer or an issue relating to payment of a previous order, or if it contravenes these T&Cs. In such a case, MYUM SAS will inform the customer by email. If the customer fails to correct the erroneous elements or those contrary to these T&Cs, MYUM SAS reserves the right not to process the order.

A confirmation email summarizing the order (products, prices, product availability, quantity, etc.) will be sent to the customer by MYUM SAS without delay once the order is validated.

To this end, the customer expressly agrees to the use of email to confirm the content of the order. In any case, invoices are provided upon delivery, on paper or in electronic format (PDF).

MYUM SAS undertakes to fulfill the order within the limits of available stock. If unavailable, MYUM SAS undertakes to inform the customer as soon as possible.

IV – Price and Payment Terms

1. Pricing

The price of products sold on the Site is indicated by item and reference.

Prices are shown in euros, all taxes included, excluding shipping charges. The total order price (taxes excluded outside the EU / shipping included) is shown at Step No. 5 of checkout.

MYUM SAS reserves the right to change its prices at any time. Products will be invoiced based on the rates in effect at the time the order is recorded, subject to availability.

Any telecommunications costs inherent to accessing the site are the sole responsibility of the customer.

The validity period of offers and prices is determined by the site updates. MYUM SAS will not refund any difference in price between the time the order was placed and any subsequent price decrease.

2. Payment methods

Products are payable in full on the day the order is placed.
Payment may be made by:
– PayPal
– Bank card
– Bank transfer

The customer accesses a dedicated space provided by Shopify, which ensures the security and recording of the payment order. The customer confirms that they are the holder of the bank card to be debited and that the name appearing on the card is their own. The customer provides the sixteen-digit card number and the card’s expiry date, as well as, where applicable, the CVV. The customer expressly acknowledges that providing their card number to MYUM SAS constitutes authorization to debit their account for the amount of the ordered products including all taxes. Pursuant to Article L.132-2 of the Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. MYUM SAS implements all means to ensure the confidentiality and security of data transmitted on the site.

3. Evidence

The data recorded and kept by MYUM SAS constitutes proof of the order and all transactions. The data recorded by the payment system constitutes proof of financial transactions.

V – Delivery

The customer chooses one of the delivery methods offered on the site when placing the order. Delivery is made to the delivery address provided by the customer at the time of order, which must be the customer’s residence or that of any other natural person of their choice. Delivery cannot be made to P.O. boxes.

Shipping fees depend on the order amount, delivery address, and the delivery method chosen by the customer.

Shipping fees are indicated to the customer before order confirmation.

To ensure delivery times can be met, the customer must ensure that, before validating the order, they have provided MYUM SAS with accurate and complete delivery information (including, without limitation: street number, building/staircase number, access codes, intercom names and/or numbers, specific delivery instructions, etc.), in the “Additional information” field of the address section and in the “Leave us a message” field at Step 3 (address). The stated times correspond to average processing and delivery times. MYUM SAS will deliver the goods within the time indicated to the consumer, in accordance with Article L.111-1(3), unless otherwise agreed by the parties.

In the event of a delivery delay, the order is not automatically canceled. MYUM SAS will inform the customer of any delay, and the customer may then decide to cancel the order by sending a cancellation notice by registered mail with acknowledgment of receipt to: MYUM SAS, 16 rue Linné, 75005 Paris, France.

If the order has not yet been shipped when MYUM SAS receives the customer’s cancellation notice, delivery will be stopped and the customer will be refunded any amounts that may have been charged as soon as possible after receipt of the cancellation notice.

If the order has already been shipped when MYUM SAS receives the customer’s cancellation notice, the customer may still cancel the order by refusing the package. MYUM SAS will then refund the amounts charged and the return shipping costs incurred by the customer no later than fourteen days from the date it is informed of the consumer’s decision to withdraw.

The customer must check the condition of the packaging and products upon delivery. In the case of a damaged package (already opened, missing products, etc.), the customer agrees to notify both the carrier and MYUM SAS of any reservations within three (3) days of receiving the product, by registered letter with acknowledgment of receipt.

Failure to make a claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L.133-3 of the Commercial Code.

VI – Right of Withdrawal

Individual customers have a right of withdrawal which they may exercise without giving reasons within fourteen (14) days from delivery of the order, by returning at their expense new products (in their original packaging, unworn, unwashed) together with the order number to the following address: MYUM SAS, 16 rue Linné, 75005 Paris, France.

MYUM SAS will refund amounts already paid by the customer.

VII – Refunds

Refunds for products in the situations referred to in Articles II and VI will be made by MYUM SAS within fourteen days from the date it is informed of the consumer’s decision to withdraw and either after recovery of the goods or once the consumer has provided proof of shipment of the goods—whichever occurs first. The refund will be made using the same means of payment chosen by the customer when placing the order.

WITHDRAWAL FORM

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

To: MYUM SAS, 16 rue Linné, 75005 PARIS, hello@myum.fr:

I/We () hereby notify you of my/our () withdrawal from the contract for the sale of the goods described below:

Ordered on: ……………………. and received on: ……………………….

Name of consumer(s):
Address of consumer(s):

Signature of consumer(s) (only if this form is submitted on paper):
Date:

(*) Delete as appropriate.

VIII – Exchanges

Exchange requests are accepted at the discretion of MYUM SAS within a maximum period of fifteen (15) days from delivery of the order. Any exchange request requires that the product to be returned is in perfect condition (notably with its box, packaging, and invoice). In the event of an exchange, shipping and return costs will be charged to the customer.

IX – Warranty

The provisions of these T&Cs are without prejudice to statutory warranties, in particular the legal warranty of conformity set out in Articles L.217-4 to L.217-14 of the Consumer Code and the warranty against hidden defects in Articles 1641 to 1649 of the Civil Code.

MYUM SAS delivers goods that conform to the contract. Failing that, it is liable for lack of conformity at the time of delivery, as well as for any defects resulting from packaging, assembly instructions, or installation when these are the responsibility of the contract or carried out under its responsibility (Article L.217-4).

The action for lack of conformity is time-barred after two years from delivery of the good.

Goods purchased after 18 March 2016 benefit from a presumption that any lack of conformity existed at the time of delivery for two years.

Where there is a lack of conformity, MYUM SAS offers the consumer replacement or repair of the good. The choice belongs to the consumer unless it would entail a manifestly disproportionate cost for MYUM SAS, considering the value of the good or the significance of the defect.

The consumer may obtain rescission of the contract or a price reduction if the defect is major and the timeframe for the chosen remedy exceeds one month from the request, or if no remedy is possible.

To be compliant, a good must:

  • be fit for the usual purpose expected of such a good;

  • match the description and have the qualities presented by MYUM SAS;

  • have the characteristics provided for in the sales contract or that the consumer may legitimately expect in view of the labeling or advertising.

MYUM SAS is liable for hidden defects in the item sold that render it unfit for its intended use, or that so diminish that use that the buyer would not have acquired it, or would have paid a lower price, had they known of them. The legal warranty covers all costs arising from hidden defects.

The buyer may choose to:

  • return the item and obtain a refund of the price; or

  • keep the item and obtain a partial refund of the price.
    The period for bringing an action is two years from discovery of the defect.

X – Governing Law

Any order implies the customer’s acceptance of the T&Cs. These T&Cs are governed by French law.

In the event of a dispute, only the French courts shall have jurisdiction. In case of difficulty or a claim relating to an order, the customer may contact customer service to seek an amicable solution.

XI – Data Protection

The information collected by MYUM SAS when a customer places an order is necessary to manage the transaction and may, for this purpose, be communicated in whole or in part to MYUM SAS service providers involved in fulfilling the order.

The customer is informed that this same personal data may also be collected by an organization responsible for analyzing orders and combating credit card fraud. In accordance with Law No. 78-17 of 6 January 1978, known as the “Data Protection Act,” the customer has, at any time, the right to access, rectify, modify, and delete personal data concerning them if it is inaccurate, incomplete, equivocal, or outdated.

The customer also has the right to object, on legitimate grounds, to the processing of personal data concerning them. However, such objection will make it impossible to execute the order.

The customer may exercise these rights by sending a letter with proof of identity to: MYUM SAS, 16 rue Linné, 75005 Paris, France.

XII – Intellectual Property

MYUM SAS is the exclusive holder of the intellectual property rights relating to the products sold on its site. “MyuM” is a registered trademark owned by MYUM SAS.

Nothing in these T&Cs may be construed as transferring any intellectual property rights in this sign to the customer.

XIII – Customer Support

For any request for assistance, the customer may contact MYUM SAS customer service at +33 (0)1 43 29 80 67 from 2:00 p.m. to 7:00 p.m., Monday to Friday (excluding public holidays).

In case of a dispute and pursuant to Articles R.111-1, L.616-1 and R.616-1, the customer is entitled to refer the matter free of charge to the consumer mediator for the amicable resolution of the dispute with MYUM SAS.

Consumer Mediator:
Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux, France

XIV – Opt-out from Telemarketing

The consumer is entitled to register on the do-not-call list to opt out of telephone solicitation.

XV – Legal Notice

The website www.myum.fr is published and operated by MYUM SAS, a French simplified joint-stock company with a share capital of twenty-eight thousand euros (€28,000), whose registered office is located at 16 rue Linné, 75005 Paris, France.
SIREN: 798-836-730
SIRET: 79883673000019
EU VAT No.: FR72798836730
Publication Director: Faustine DURAND.

MYUM – THE VEGGY TOYS is a registered trademark with the INPI. The entire website is the exclusive property of MYUM SAS. No reproduction or representation, even partial, may take place without the prior written consent of MYUM SAS.

Website development: Côme Filippi
Hosting provider: Shopify
The website hosting provider is OVH, a simplified joint-stock company with a share capital of €10,000,000, registered with the RCS Roubaix–Tourcoing under No. 424 761 419 00045, APE code 6202A, EU VAT No.: FR 22 424 761 419, registered office: 2 rue Kellermann, 59100 Roubaix, France.

This website has been registered with the CNIL (French Data Protection Authority). In accordance with the law of 6 January 1978 as amended by the law of 6 August 2004, the user has the right to access and rectify personal data concerning them held by MYUM SAS. Any request must be sent by email to hello(a)myum.fr or by post to: MYUM SAS, 16 rue Linné, 75005 Paris, France. Anyone connecting to the website www.myum.fr is subject to the website’s General Terms and Conditions of Sale and Use.