GENERAL TERMS AND CONDITIONS OF SALE AND USE WWW.BILLEPOLYSTYRENE.FR
MANCUP, a limited liability company with a capital of 50,000 euros, registered in the trade and companies register of GRENOBLE under the number 501144216, whose head office is located at 8 RUE DES GLAIRAUX - 38120 ST EGREVE - FRANCE (hereinafter referred to as MANCUP), publisher and operator of the site "www.BillePolystyrene.fr"(hereinafter the "Site") has established these general terms and conditions of sale and use (hereinafter the "T&Cs"), governing the access and use of the Site.
They also set the conditions and terms under which MANCUP agrees to provide the products (hereinafter referred to as the "Products") presented on the Site.
ARTICLE 1. ACCEPTANCE OF T&Cs (Terms and Conditions)
Before any use of the Site or purchase of Products on the Site, you acknowledge that you have read these Terms and Conditions of Sale and Use and accept them without restriction or reservation.
You declare that you are legally capable of contracting.
The present T&C's (Terms and Conditions) also apply to any variation or extension of the Site on existing or future social or community networks, or applications.
We advise you to download and/or print them so you can keep them and refer to them in the future.
ARTICLE 2. ACCESS TO THE SITE
To access the Site, you must have a terminal equipment connected to the internet. You bear all the costs associated with your digital environment (computer hardware, software and network connection), including the costs of connecting to the internet.
MANCUP may refuse access to the Site to any person who does not comply with these T&Cs.
ARTICLE 3. REGISTRATION
Access to the products requires the creation of a personal account.
Registration is free. It is done by filling out the online form provided for this purpose. To do this, you must provide the following information:
Title
First Name, Last Name
Email
Password
Full address
Postal code
City
Country
Phone (for delivery)
You commit to providing accurate and truthful information about yourself.
A confirmation email is then sent to the indicated address, with a summary of the login information.
The login identifier is personal and cannot be used by multiple people, nor can it be transferred, rented, or transferred in any way.
The password is confidential and should not be shared with a third party. It can be changed from your personal space. You must implement all necessary measures to protect your password.
You also agree to inform MANCUP, by any means and as soon as possible, in case of observation or suspicion of fraudulent or unauthorized connection to your account.
You can request to unsubscribe and delete your account at any time, from your personal space, or by email at the following address: contact@billepolystyrene.fr.
MANCUP reserves the right to delete your account without prior notice in case of violation of these T&C (Terms and Conditions), including:
- In case of use contrary to the current legislation.
- In case of fraudulent use or identity theft of a third party.
- In case of infringement of the rights of MANCUP or a third party.
MANCUP may also delete your account in case of inactivity for more than one (1) year.
ARTICLE 4. PRODUCTS
The essential characteristics of the products offered are presented on the Site.
You acknowledge that you have read this information before placing any order.
ARTICLE 5. ORDERS
Orders are made online via the Website.
To place an order, you must select the desired Products to add them to your cart.
You must then validate the details of your basket, the total price, or correct any possible errors, and indicate your billing and delivery address, as well as your method of payment.
You definitively confirm your order by clicking on the payment button. This confirmation acts as your electronic signature, equivalent to a handwritten signature, and constitutes a firm and definitive acceptance of the sale.
Once the payment is accepted, the order is validated as soon as possible by sending a receipt by email to the address you have chosen.
The Products are offered subject to availability. In case of unavailability, an equivalent Product may be offered to you. If you refuse, your order will be cancelled and fully refunded.
MANCUP reserves the right to refuse an order for Products in abnormal quantities.
ARTICLE 6. DELIVERY
The products are supplied in the European Union.
The delivery is made to the address you provided, within the timeframe specified at the time of the order. The timeframe varies depending on the chosen delivery method.
You are required to personally receive the Products, or to designate a third party for this purpose.
The delivery of the Product is ensured by the carrier designated by MANCUP. It is carried out by handing it over to you, or to the designated third party, the physical possession or control of the Product.
You are required to check the condition of the Products upon receipt. In case of any anomalies (incomplete order, damaged, torn, or opened packaging...), you must refuse the delivery, indicating your reservations on the delivery note and informing the carrier of the defects observed. You can also inform MANCUP at the contact details provided below.
MANCUP cannot be held responsible for the delay or inability to deliver an order due to an error on your part in providing your contact details. In this case, MANCUP reserves the right to suspend delivery until the problem is resolved.
ARTICLE 7. FINANCIAL CONDITIONS
1. Price
The prices are indicated on the Site in euros including all taxes. They take into account the VAT in force on the day of the order.
MANCUP reserves the right to modify them at any time. The price applied is the one in effect at the time of order confirmation.
Any potential delivery charges for Products are applied in addition. Their amount is indicated at the time of order confirmation.
Exceptionally, in case of an erroneous indication of a price that is clearly derisory compared to the real value of the item, the order may be cancelled.
The Products remain the property of MANCUP until full payment of the price.
2. Payment
Payment is made in cash, by credit card through a secure system or in the following way: PayPal (and its derivatives), Bank transfer.
Your payment method is charged at the time of order.
Any refusal of payment or partial payment results in the automatic cancellation of the order, which you will be informed of by email.
You expressly agree that invoices will be sent to you in electronic format.
MANCUP also reserves the right to refuse any order in the event that you have not fully or partially paid for a previous order or in the case where a dispute is ongoing.
The data recorded by MANCUP serves as proof of the transactions made on the Site.
ARTICLE 8. RIGHT OF WITHDRAWAL
1. Legal right of withdrawal
The consumer customer has a legal right of withdrawal provided by Article L221-18 of the Consumer Code.
You can exercise your right, without having to justify your decision, within a period of 14 days from the receipt of the Products by you or the third party, other than the carrier, that you have designated.
In the case of an order involving several Products delivered separately or in the case of an order for a Product composed of batches or multiple pieces whose delivery is staggered over a defined period, the deadline runs from the receipt of the last Product or batch or the last piece.
For contracts providing for the regular delivery of Products over a defined period, the deadline runs from the receipt of the first Product.
To exercise your right, you must inform MANCUP of your decision to withdraw by sending, before the expiry of the deadline, the withdrawal form which is provided in the appendix below, or any other unambiguous statement expressing your desire to withdraw, to the following contact details:
8 GLAIRAUX STREET - 38120 ST EGREVE - FRANCE
email: contact@polystyreneball.fr
You must return or refund the Products to MANCUP, without undue delay and, at the latest, within 14 days following the communication of your decision to withdraw.
The cost of returning the Products is your responsibility.
Your responsibility may be engaged in case of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these Products.
MANCUP will refund you the full amount paid, including delivery charges, without undue delay and no later than 14 days from the date on which it is informed of your decision to withdraw.
Unless he has offered to collect the Products himself, MANCUP may defer the refund until the Products are recovered or until you have provided proof of shipment of these Products, the date chosen being that of the first of these facts.
MANCUP will make the refund using the same method of payment that you used at the time of your purchase, unless you expressly agree to use another method of payment and provided that the refund does not incur any fees for you.
MANCUP is not obligated to refund the additional costs if you have expressly chosen a more expensive delivery method than the standard delivery method offered by MANCUP.
2. Exceptions to the right of withdrawal
In accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised in the following cases:
- The provision of goods or services whose price depends on fluctuations in the financial market beyond the control of MANCUP and which may occur during the withdrawal period.
- The supply of goods made according to your specifications or clearly customized.
- The supply of goods that are likely to deteriorate or expire quickly.
- The supply of goods that you have unsealed after delivery and which cannot be returned for reasons of hygiene or health protection.
- The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items.
- The supply of alcoholic beverages for which delivery is delayed beyond thirty days and the agreed value at the conclusion of the contract depends on market fluctuations beyond the control of MANCUP.
- The supply of audio or video recordings or computer software when they have been unsealed after delivery.
- The provision of a newspaper, periodical or magazine, except for subscription contracts to these publications.
ARTICLE 9. WARRANTIES
MANCUP is bound by the legal warranty of conformity for goods under the conditions of article L. 217-3 and following of the Consumer Code, as well as the warranty related to hidden defects in accordance with the provisions of articles 1641 to 1649 of the Civil Code.
The consumer has a period of two years from the delivery of the goods to implement the legal warranty of conformity in case a non-conformity defect appears. During this period, the consumer is only required to establish the existence of the non-conformity defect, not the date of its appearance.
When the sales contract for the property includes the provision of digital content or a digital service on an ongoing basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the planned provision period. During this time, the consumer is only required to establish the existence of the non-conformity defect affecting the digital content or the digital service, and not the date of its occurrence.
The legal warranty of conformity obligates the professional, if necessary, to provide all necessary updates to maintain the conformity of the goods.
The legal warranty of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without major inconvenience to him.
If the item is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the good, but the seller imposes a replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer can obtain a reduction in the purchase price by keeping the item, or terminate the contract and get a full refund in exchange for returning the item, if:
- The professional refuses to repair or replace the item.
- The repair or replacement of the property occurs after a period of thirty days.
- The repair or replacement of the property causes a major inconvenience for the consumer, especially when the consumer permanently bears the cost of reclaiming or removing the non-compliant property, or if they bear the cost of installing the repaired or replacement property.
- The non-compliance of the good persists despite the seller's unsuccessful attempt to comply.
The consumer also has the right to a reduction in the price of the goods or to the termination of the contract when the non-compliance is so serious that it justifies an immediate price reduction or contract termination. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the non-compliance is minor.
Any period of immobilization of the property for its repair or replacement suspends the warranty that remained in effect until the delivery of the restored property.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.
The seller who in bad faith obstructs the implementation of the legal conformity guarantee incurs a civil fine of up to 300,000 euros, which can be increased to up to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against hidden defects under articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This warranty entitles to a price reduction if the item is kept or to a full refund against return of the item.
ARTICLE 10. CONTENT PUBLISHED BY THE USER
You have the possibility to publish the following content on the Site:
Comments (verified reviews)
You remain fully responsible for the content that you publish on the Site. As such, you agree not to publish any illegal content or content that infringes on the rights of third parties, or content of a shocking, violent, pornographic nature, or that incites hatred or discrimination.
By posting on the Site, you grant MANCUP a free license allowing it to reproduce, represent and adapt the content you post, for advertising or commercial purposes, by any means and on any medium known or unknown to date, worldwide and for the duration of its legal protection.
MANCUP reserves the right to refuse or remove any published content, without notice or justification.
ARTICLE 11. RESPONSIBILITIES
MANCUP makes its best efforts to provide accurate and up-to-date information and content on the Site, however, it cannot guarantee the performance, completeness, or reliability of this information and content.
MANCUP is not responsible for any technical, computer or compatibility issues or failures that affect the availability or use of the Site, for reasons or circumstances beyond its control.
MANCUP is also not responsible for any damage resulting from the use of the Site, including data loss, deterioration, destruction or viruses that may affect your computer equipment.
ARTICLE 12. INTELLECTUAL PROPERTY
The entire Site, its structure and its content (texts, tables, graphics, images, photographs, videos, sounds, databases, applications and software), are protected by copyright and intellectual property rights of MANCUP or its suppliers and service providers.
Any representation, reproduction, adaptation, modification or unauthorized use is prohibited and may constitute an infringement under the terms of articles L. 335-2 and following of the Intellectual Property Code.
ARTICLE 13. AVAILABILITY
MANCUP strives to ensure access to the Site 24 hours a day, 7 days a week, except in cases of force majeure or events beyond its control, without guaranteeing any result or minimum level of quality in terms of its availability.
MANCUP may at any time and without notice suspend or limit access to the Site, in order to carry out its maintenance, updates, modify its content, or any other action necessary for its proper functioning.
ARTICLE 14. HYPERLINKS
The Site may contain hyperlinks referring to other internet sites or external sources.
MANCUP assumes no responsibility for the information, advertisements, products, services, or any other content available on these sites or external sources.
MANCUP authorizes the establishment of hyperlinks to the Site, provided that the source site does not display any illegal, violent or pornographic content, and excluding any use of these links for commercial or advertising purposes. MANCUP reserves a right of opposition.
ARTICLE 15. PERSONAL DATA
As part of its activities, MANCUP is committed to implementing a processing of personal data of its service users that respects their privacy and complies with current French and European legislation.
Who is the data controller?
The data controller is:
The company MANCUP, a limited liability company, registered in the Grenoble Trade and Companies Register under the number 501144216, whose headquarters is located at 8 RUE DES GLAIRAUX - 38120 ST EGREVE - FRANCE.
What data do you collect?
MANCUP collects the information that you agree to provide through forms on the Site, when you post content, create your personal account, or place an order. The mandatory nature of the data is indicated at the time of collection by an asterisk.
MANCUP also collects data related to the monitoring of the business relationship, including your purchase history and requests and correspondence sent to customer service.
Your login and browsing data are automatically collected when you use the Site, including your IP address, the pages you view, preferences and technical data about your digital environment.
Why is your data being collected?
Your data is processed on the legal basis of the conclusion and execution of your contract:
- For the management and tracking of your order.
- For billing and collecting payments.
- For the management of complaints and after-sales follow-up.
- For the creation and management of your personal account.
Your data is processed on the legal basis of MANCUP's legal obligations:
- For compliance with its accounting and tax obligations.
Your data is processed on the legal basis of MANCUP's legitimate interest:
- For the management and improvement of the Site's performances and features.
- For statistical analysis and activity of the Site.
- For quality studies and sales statistics of the products offered.
- For the fight against fraud and improvement of the Site's security.
Your data is processed on the legal basis of your consent:
- For the implementation of commercial prospecting actions, by postal or electronic means, and advertising profiling for the benefit of MANCUP or its third-party partners.
For how long are your data stored?
Your data is kept for the duration of the contractual relationship that binds you to MANCUP.
The data necessary for billing and for accounting and tax obligations are archived for 10 years.
Data related to commercial prospecting actions are kept for 3 years from your last activity on the site.
Who are your data transmitted to?
Your data may be transmitted to MANCUP collaborators, as well as subcontractors called upon for the proper functioning of the Site: IT service providers (hosting, maintenance, security...), payment providers, technical and logistical subcontractors, statistical analysis and communication advisors.
Your data is also transmitted to our partners to enable them to carry out business prospecting operations and advertising targeting.
List of partners:
Google (advertisement)
Your data may be subject to transfer to countries located outside the European Union. In this case, MANCUP must ensure that this data is subject to substantially equivalent protection to that guaranteed in the European Union, either under a decision of adequacy made by the European Commission, or by implementing all appropriate measures, particularly by using the standard contractual clauses of the European Commission. You can request more information about these appropriate guarantees at the contact details provided below.
What are your rights?
You can access the data concerning you, rectify them, request their deletion or exercise your right to limit the processing of your data.
You can also object to the processing of your data, for reasons related to your particular situation, except in the case of commercial prospecting, to which you can object without reason.
You can withdraw your consent at any time, without affecting the lawfulness of the processing based on the consent given before its withdrawal.
You have the right to data portability.
You can issue directives regarding the preservation, deletion or disclosure of your personal data after your death.
Finally, you can file a complaint with the CNIL, on its website.www.cnil.fr) or by mail (CNIL - Complaints Service - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07).
To exercise your rights, you should send your request to the following contact information:
MANCUP LLC
8 GLAIRAUX STREET
38120 ST EGREVE
ARTICLE 16. COOKIES
MANCUP uses cookies and other trackers for advertising purposes and to improve your experience on the Site.
More information on how to operate and the procedure to follow to manage cookies is available at this address: (see the Google CMP consent popup when you arrive on the site)
ARTICLE 17. FORCE MAJEURE
MANCUP cannot be held responsible for a delay or failure to meet its obligations caused by force majeure, in the sense commonly understood by French courts.
ARTICLE 18. CHANGES
MANCUP reserves the right to modify, at any time and without prior notice, these T&Cs, particularly to adapt to the changes of the Site by providing new features or the removal or modification of existing features.
ARTICLE 19. PARTIAL NULLITY
If one or more provisions of these Terms and Conditions were to be declared null and void by application of law, a regulation or a final decision of a French jurisdiction, the other provisions would retain all their force and scope.
ARTICLE 20. CLAIM - MEDIATION
1. Claim
For any complaints, you can contact MANCUP at the following coordinates:
8 GLAIRAUX STREET - 38120 ST EGREVE - FRANCE
email: contact@polystyreneball.fr
phone: 0469966989
2. Mediation
In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to the article L.612.2 under the Consumer Code, has the option to initiate a request for amicable resolution through mediation, within a period of less than one year from their written complaint to the professional.
MANCUP has designated, by registered membership under number 53437/VM/2408, the SAS Médiation Solution as the consumer mediation entity.
To contact the mediator, the consumer must make their request:
- Either in writing to: Sas Mediation Solution - 222 Chemin de la Bergerie 01800 Saint Jean de Niost
- Either by email at: contact@sasmediationsolution-conso.fr
- Either by filling out the online form titled "Contact the mediator" on the website. http://www.sasmediationsolution-conso.fr
Regardless of the method of referral used, the request must imperatively contain:
- The postal, telephone, and electronic contact information of the applicant,
- The name, address and registration number with Sas Mediation Solution, of the professional concerned,
- A concise presentation of the facts,
- Copy of the preliminary claim,
- All documents allowing the processing of the request (purchase order, invoice, proof of payment, etc.)
ARTICLE 21. APPLICABLE LAW - DISPUTES
This contract is exclusively subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
APPENDIX: Model of withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of the company MANCUP, whose head office is located at 8 RUE DES GLAIRAUX - 38120 ST EGREVE - FRANCE, email: contact@billepolystyrene.fr,
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of the services (*) below:
Ordered on (*)/received on (*):
Name of the consumer(s):
Consumer(s) address:
Signature of the consumer(s) (only in case of notification of this form on paper):
Date:
Cross out the unnecessary mention.
T&Cs / Terms of Use Updated on 07/29/2024
This document is attached in the order confirmation emails.