GENERAL TERMS AND CONDITIONS OF SALE AND USE OF WWW.LIVEDECO.COM
MANCUP, a French limited liability company with share capital of 50,000 euros, registered with the GRENOBLE Trade and Companies Register under number 501144216, whose registered office is located at 8 RUE DES GLAIRAUX - 38120 ST EGREVE - FRANCE (hereinafter "MANCUP"), the publisher and operator of the "www.LiveDeco.com" website (hereinafter the "Site"), has established these general terms and conditions of sale and use (hereinafter the "Terms and Conditions of Sale and Use"), which govern access to and use of the Site.
They also set out the terms and conditions under which MANCUP agrees to supply the products (hereinafter the "Products") presented on the Site.
ARTICLE 1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE AND USE
Before using the Site or purchasing Products from 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 have the legal capacity to enter into a contract.
These Terms and Conditions of Sale and Use also apply to any current or future version or extension of the Site on social or community networks, or any application.
We recommend downloading and/or printing them so that you can keep them for future reference.
ARTICLE 2. ACCESS TO THE SITE
To access the Site, you must have an internet-connected device. You are responsible for all costs associated with your digital environment (computer hardware, software, and network connection), including internet connection costs.
MANCUP may deny access to the Site to anyone who fails to comply with these Terms and Conditions of Sale and Use.
ARTICLE 3. REGISTRATION
Access to the Products requires the creation of a personal account.
Registration is free of charge. To register, you must complete the online form provided for this purpose. You must provide the following information:
Title
First name, Last name
Email
Password
Full address
Postal code
City
Country
Phone number (for delivery)
You agree to provide accurate and truthful information about yourself.
A confirmation email will then be sent to the address provided, summarizing your login details.
Your login ID is personal and may not be used by multiple people, nor assigned, leased, or transferred in any way whatsoever.
The password is confidential and must not be disclosed to any third party. It can be changed in your personal account. You must take all necessary measures to protect your password.
You also agree to notify MANCUP by any means and as soon as possible if you become aware of or suspect any fraudulent or unauthorised access to your account.
You may request to unsubscribe and have your account deleted at any time via your personal account area or by email at the following address: [email protected].
MANCUP reserves the right to delete your account without prior notice in the event of a breach of these Terms and Conditions of Sale and Use, including:
- In the event of use contrary to applicable law.
- In the event of fraudulent use or identity theft involving a third party.
- In the event of an infringement of the rights of MANCUP or a third party.
MANCUP may also delete your account if it remains inactive for more than one (1) year.
ARTICLE 4. PRODUCTS
The key features of the Products offered are presented on the Website.
You acknowledge that you have reviewed this information before placing any order.
ARTICLE 5. ORDERS
Orders are placed online via the Website.
To place an order, you must select the desired Products and add them to your shopping cart.
You must then confirm the details of your shopping cart and the total price, correct any errors, and provide your billing and delivery addresses, as well as your payment method.
You definitively confirm your order by clicking the payment button. This confirmation constitutes your electronic signature, equivalent to a handwritten signature, and your firm and final acceptance of the sale.
Once payment has been accepted, the order will be confirmed as soon as possible by sending an acknowledgement of receipt by email to the address you provided.
The Products are offered subject to availability. If a Product is unavailable, you may be offered an equivalent Product. If you decline, your order will be cancelled and fully refunded.
MANCUP reserves the right to refuse an order for an unusually large quantity of Products.
ARTICLE 6. DELIVERY
The Products are supplied within the European Union.
Delivery is made to the address you provided, within the timeframe specified when placing the order. The timeframe varies depending on the delivery method selected.
You are required to take delivery of the Products in person or to designate a third party for this purpose.
Product delivery is handled by the carrier appointed by MANCUP. Delivery is completed when physical possession or control of the Product is handed over to you or to the designated third party.
You must check the condition of the Products upon receipt. In the event of any issue (incomplete order, damaged, torn or open packaging, etc.), you must refuse delivery, note your reservations on the delivery slip and inform the carrier of the defects found. You may also notify MANCUP using the contact details provided below.
MANCUP cannot be held liable for any delay or inability to deliver an order resulting from an error on your part when providing your contact details. In this case, MANCUP reserves the right to suspend delivery until the issue has been resolved.
ARTICLE 7. FINANCIAL TERMS
1. Price
Prices are shown on the Site in euros, inclusive of all taxes. They include the VAT rate in effect on the date of the order.
MANCUP reserves the right to change them at any time. The applicable price is the price in effect when the order is confirmed.
Any Product delivery charges are payable in addition. The amount is indicated when the order is confirmed.
Exceptionally, if an incorrect price is displayed that is clearly negligible compared with the item's actual value, the order may be cancelled.
The Products remain the property of MANCUP until the price has been paid in full.
2. Payment
Payment must be made in full by bank card via a secure system, or using one of the following methods: PayPal (and its related services), bank transfer.
Your payment method is charged when the order is placed.
Any refusal of payment or partial payment will result in the automatic cancellation of the order, of which you will be notified by email.
You expressly agree to receive invoices electronically.
MANCUP also reserves the right to refuse any order if you have not paid for a previous order in full or in part, or if a dispute is ongoing.
The data recorded by MANCUP constitutes proof of transactions concluded on the Site.
ARTICLE 8. RIGHT OF WITHDRAWAL
1. Statutory right of withdrawal
Consumers have a statutory right of withdrawal under Article L221-18 of the French Consumer Code.
You may exercise your right, without having to give any reason for your decision, within 14 days of receipt of the Products by you or by a third party, other than the carrier, designated by you.
In the case of an order for several Products delivered separately, or an order for a Product consisting of multiple batches or parts delivered in stages over a defined period, the period begins upon receipt of the final Product, batch or part.
For contracts providing for the regular delivery of Products over a defined period, the withdrawal period begins upon receipt of the first Product.
To exercise your right, you must inform MANCUP of your decision to withdraw by sending, before the withdrawal period expires, the model withdrawal form provided in the appendix below, or any other unambiguous statement expressing your wish to withdraw, to the following contact details:
8 RUE DES GLAIRAUX - 38120 ST EGREVE - FRANCE
Email: [email protected]
You must send back or return the Products to MANCUP without undue delay and no later than 14 days after notifying MANCUP of your decision to withdraw.
You are responsible for the cost of returning the Products.
You may be held liable for any reduction in the value of the Products resulting from handling beyond what is necessary to establish the nature, characteristics, and proper functioning of the Products.
MANCUP will refund all amounts 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 MANCUP has offered to collect the Products itself, it may withhold the refund until it has received the Products or until you have provided proof that you have sent them back, whichever occurs first.
MANCUP will issue the refund using the same payment method used for your purchase, unless you expressly agree to the use of another payment method, provided that the refund does not incur any fees for you.
MANCUP is not required to reimburse any additional costs if you expressly chose a delivery method that is more expensive than the standard delivery method offered by MANCUP.
2. Exceptions to the right of withdrawal
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal may not be exercised in the following cases:
- The supply of goods or services whose price depends on fluctuations in the financial market that are beyond MANCUP's control and may occur during the withdrawal period.
- The supply of goods made to your specifications or clearly personalized.
- The supply of goods that are liable to deteriorate or expire rapidly.
- The supply of sealed goods which you have unsealed after delivery and which cannot be returned for reasons of health protection or hygiene.
- The supply of goods which, after delivery and by their nature, are inseparably mixed with other items.
- The supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value, agreed when the contract is concluded, depends on market fluctuations beyond MANCUP's control.
- The supply of audio or video recordings or computer software where they have been unsealed after delivery.
- The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications.
ARTICLE 9. GUARANTEES
MANCUP is bound by the statutory guarantee of conformity for goods under the conditions set out in Article L. 217-3 et seq. of the French Consumer Code, as well as by the guarantee against hidden defects in accordance with Articles 1641 to 1649 of the French Civil Code.
The consumer has two years from delivery of the goods to invoke the statutory guarantee of conformity if a lack of conformity arises. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date on which it arose.
Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory guarantee applies to that digital content or digital service throughout the agreed supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it arose.
The statutory guarantee of conformity requires the seller, where applicable, to provide all updates necessary to keep the goods in conformity.
The statutory guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience.
If the goods are repaired under the statutory guarantee of conformity, the consumer is entitled to a six-month extension of the original guarantee.
If the consumer requests that the goods be repaired, but the seller requires replacement, the statutory guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.
The consumer may obtain a reduction in the purchase price while retaining the goods or terminate the contract and receive a full refund upon returning the goods, if:
- The seller refuses to repair or replace the goods.
- The goods are repaired or replaced after a period of thirty days.
- The repair or replacement of the goods causes significant inconvenience to the consumer, particularly where the consumer ultimately bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods.
- The lack of conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
Consumers are also entitled to a reduction in the price of the goods or termination of the contract where the lack of conformity is sufficiently serious to justify an immediate price reduction or termination of the contract. Consumers are then not required to request the repair or replacement of the goods beforehand.
Consumers are not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are unavailable for repair or replacement suspends the remaining warranty period until the repaired goods are returned.
The rights referred to above arise from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who, in bad faith, obstructs the implementation of the statutory warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
Consumers also benefit from the statutory warranty against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles consumers to a price reduction if they keep the goods, or to a full refund upon return of the goods.
ARTICLE 10. USER-GENERATED CONTENT
You may publish the following content on the Site:
Comments (verified reviews)
You remain fully responsible for the content you publish on the Site. As such, you agree not to publish any content that is unlawful, infringes the rights of third parties, is shocking, violent or pornographic, or incites hatred or discrimination.
By publishing on the Site, you grant MANCUP a royalty-free licence to reproduce, display and adapt the content you publish for advertising or commercial purposes, by any means and on any medium now known or later developed, worldwide and for the full duration of its legal protection.
MANCUP reserves the right to refuse or remove any published content without notice or justification.
ARTICLE 11. LIABILITY
MANCUP makes every effort to provide accurate and up-to-date information and content on the Site, but cannot guarantee the performance, completeness or reliability of such information and content.
MANCUP is not liable for any technical, IT or compatibility issues or failures affecting the availability or use of the Site due to reasons or circumstances beyond its control.
MANCUP is also not liable for any damage resulting from the use of the Site, including data loss, damage, destruction or viruses that may affect your computer equipment.
ARTICLE 12. INTELLECTUAL PROPERTY
The entire Site, including its structure and content (texts, tables, graphics, images, photographs, videos, sounds, databases, applications and software), is protected by the copyright and intellectual property rights of MANCUP or its suppliers and service providers.
Any unauthorized representation, reproduction, adaptation, modification or use is prohibited and may constitute infringement within the meaning of Articles L. 335-2 et seq. of the French Intellectual Property Code.
ARTICLE 13. AVAILABILITY
MANCUP endeavors 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 regarding its availability.
MANCUP may suspend or restrict access to the Site at any time and without notice in order to perform maintenance or updates, modify its content, or take any other action necessary for its proper operation.
ARTICLE 14. HYPERLINKS
The Site may contain hyperlinks to other websites or external sources.
MANCUP accepts no responsibility for any information, advertisements, products, services or other content available on these external websites or sources.
MANCUP authorizes hyperlinks to the Site, provided that the originating website does not contain any illegal, violent or pornographic content, and excluding any use of such links for commercial or advertising purposes. MANCUP reserves the right to object.
ARTICLE 15. PERSONAL DATA
As part of its activities, MANCUP is committed to processing the personal data of users of its services in a manner that respects their privacy and complies with applicable French and European legislation.
Who is the data controller?
The data controller is:
MANCUP, a limited liability company registered with the GRENOBLE Trade and Companies Register under number 501144216, whose registered office is located at 8 RUE DES GLAIRAUX - 38120 ST EGREVE - FRANCE
What data is collected?
MANCUP collects the information you agree to provide through forms on the Site when you publish content, create your personal account or place an order. Mandatory information is marked with an asterisk when it is collected.
MANCUP also collects data relating to the management of the business relationship, including your purchase history and requests and correspondence sent to customer service.
Your connection and browsing data is collected automatically when you use the Site, including your IP address, pages viewed, preferences and technical data relating to your digital environment.
Why is your data collected?
Your data is processed on the legal basis of entering into and performing your contract:
- To manage and track your order.
- For invoicing and payment collection.
- To manage complaints and provide after-sales support.
- To create and manage your personal account.
Your data is processed on the legal basis of MANCUP's legal obligations:
- To comply with its accounting and tax obligations.
Your data is processed on the legal basis of MANCUP's legitimate interests:
- To manage and improve the performance and features of the Site.
- To analyse statistics and activity on the Site.
- To conduct quality studies and compile sales statistics for the Products offered.
- To prevent fraud and improve the security of the Site.
Your data is processed on the legal basis of your consent:
- To carry out marketing activities by post or electronically, and for advertising profiling on behalf of MANCUP or its third-party partners.
How long is your data retained?
Your data is retained for the duration of your contractual relationship with MANCUP.
Data required for invoicing and compliance with accounting and tax obligations is archived for 10 years.
Data relating to marketing activities is retained for 3 years from your last activity on the Site.
Who is your data shared with?
Your data may be shared with MANCUP employees, as well as with service providers involved in ensuring the proper operation of the Site: IT service providers (hosting, maintenance, security, etc.), payment service providers, technical and logistics service providers, and statistical analysis and communications consultants.
Your data is also shared with our partners to enable them to carry out direct marketing and targeted advertising activities.
List of partners:
Google (advertising)
Your data may be transferred to countries outside the European Union. In this case, MANCUP must ensure that such data receives protection substantially equivalent to that guaranteed within the European Union, either pursuant to an adequacy decision issued by the European Commission or through the implementation of all appropriate safeguards, including the use of the European Commission's standard contractual clauses. You may request further information about these appropriate safeguards using the contact details provided below.
What are your rights?
You may access and correct your personal data, request its deletion, or exercise your right to restrict its processing.
You may also object to the processing of your data on grounds relating to your particular situation, except in the case of direct marketing, to which you may object without providing any reason.
You may withdraw your consent at any time, without affecting the lawfulness of any consent-based processing carried out before its withdrawal.
You have the right to data portability.
You may issue instructions regarding the retention, deletion or disclosure of your personal data after your death.
Lastly, you may lodge a complaint with the CNIL via its website (www.cnil.fr) or by post (CNIL - Service des Plaintes - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07).
To exercise your rights, please send your request to the following contact details:
MANCUP SARL
8 RUE DES GLAIRAUX
38120 ST EGREVE
ARTICLE 16. COOKIES
MANCUP uses cookies and other trackers for advertising purposes and to improve your experience on the Website.
More information on how cookies work and the procedure for managing them is available here: (see the Google CMP consent pop-up when visiting the website)
ARTICLE 17. FORCE MAJEURE
MANCUP shall not be held liable for any delay or failure to fulfil its obligations caused by an event of force majeure, as customarily defined by the French courts.
ARTICLE 18. AMENDMENTS
MANCUP reserves the right to amend these General Terms and Conditions of Sale and Use at any time and without prior notice, in particular to reflect changes to the Website through the introduction of new features or the removal or modification of existing features.
ARTICLE 19. SEVERABILITY
If one or more provisions of these Terms and Conditions of Sale and Use are declared invalid pursuant to a law, regulation or final ruling by a French court, the remaining provisions shall remain in full force and effect.
ARTICLE 20. COMPLAINTS - MEDIATION
1. Complaint
For any complaint, you can contact MANCUP using the following details:
8 RUE DES GLAIRAUX - 38120 ST EGREVE - FRANCE
Email: [email protected]
Telephone: 0179725005
2. Mediation
In accordance with Article L. 612-1 of the French Consumer Code, and subject to Article L.612.2 of the French Consumer Code, the consumer may submit a request for an amicable resolution through mediation within one year of submitting a written complaint to the professional.
MANCUP has appointed SAS Médiation Solution as its consumer mediation body through membership registered under number 53437/VM/2408.
To refer the matter to the mediator, the consumer must submit their application:
- In writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800 Saint Jean de Niost
- By email to: [email protected]
- By completing the online form entitled "Saisir le médiateur" on the website http://www.sasmediationsolution-conso.fr
Regardless of the method used to submit the application, it must include:
- The applicant's postal address, telephone number and email address,
- The name, address and registration number with Sas Médiation Solution of the professional concerned,
- A brief summary of the facts,
- A copy of the prior complaint,
- Any documents required to process the application (order form, invoice, proof of payment, etc.)
ARTICLE 21. GOVERNING LAW - DISPUTES
This contract is governed exclusively by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
APPENDIX: Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of MANCUP, whose registered office is located at 8 RUE DES GLAIRAUX - 38120 ST EGREVE - FRANCE, email: [email protected],
I/we (*) hereby give notice that I/we (*) withdraw from the contract for the sale of the following goods (*)/the provision of the following services (*):
Ordered on (*)/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.
Terms and Conditions of Sale / Terms of Use updated on 29/07/2024
This document is attached to order confirmation emails.
