General Conditions of Sale
June 2022 Terms and Conditions
The website www.manukayoga.com (the “site”) is administered by MANUKA YOGA, a simplified joint-stock company with a share capital of €20,000, whose registered office is located at Plages 1 de Cavalière Bâtiment Les Dauphins 83980 Le Lavandou – France, registered in the Trade and Companies Register under number 895 088 482 R.C.S of Toulon. Its Siret number is 895 088 482 00016 and its intra-Community VAT number is FR05895088482.
1. Application of the General Conditions of Sale
The purchase of products offered on the internal website www.manukayoga.com (the “site”) is subject to these Terms and Conditions of Sale (the “Terms and Conditions of Sale”).MANUKA YOGA products are exclusively intended for sale to end consumers (“customers”), natural or legal persons, excluding any resellers or intermediaries acting on behalf of resellers. Therefore, the customer claims that he is acting as an end consumer and that he does not intend to resell MANUKA YOGA products for commercial purposes.Any order on the site is full acceptance of the general conditions of sale by the customer who makes a purchase there (the «customer»).MANUKA YOGA can update these general terms and conditions at any time. You can read the current version of the general conditions of sale at any time by clicking on the link on the homepage. The general conditions of sale in force at the time of the conclusion of the contract of sale are those which are enforceable against you.With each purchase of products on the site, it is implied that you accept the present general conditions of sale in force on the date of placing your order. These general conditions can be viewed before ordering.
2. Ordering methods
The site allows to order from the company MANUKA YOGA a selection of products of the brand MANUKA YOGA (the "product(s)"), immediately online for delivery in France and abroad (see article 7 "Terms of delivery").These general conditions of sale do not apply to special orders, which do not exist or more in the MANUKA YOGA collection.
3. Product availability
Our product and price offers are valid as long as they are visible on the site, within the limit of available stocks. In exceptional cases, errors or modifications may exist, particularly in the case of simultaneous orders of the same product by several customers. In the event of unavailability of product after placing your order, we will inform you by email or by phone as soon as possible, proposing you either to order another product presented on the site to replace, or cancel your order.MANUKA YOGA does not incur any liability in case of stock shortage or unavailability of products for orders not yet accepted by MANUKA YOGA.MANUKA YOGA reserves the right to change at any time and without notice the products offered on the site. To ensure a better quality of service and availability of our products to all customers of the site, MANUKA YOGAreserves the right to limit the quantity of products that can be purchased by a customer, in accordance with the relevant provisions and in particular those of Article l. 122-1 of the French Consumer Code.
4. Ordering Procedure
4.1 selection of productsAt any time, you can add products to your selection by clicking on «add to cart», and choose to finish your purchases or continue your browsing.You can view your selection by clicking on “my shopping cart” in the menu at the top right where you will see: the photo(s) of the product(s), its colour(s) and reference(s), the quantity(s) selected, its unit price(s) and the subtotal of the selection. In the next part of the shopping journey, you can also choose the country of delivery and the delivery method you prefer, which will calculate the amount of shipping costs and therefore the total amount you will pay. The zone and the shipping costs can however be modified later if you wish, the total amount will be updated accordingly according to your choices.4.2 identificationAfter selecting the product(s), click “pay” to start the ordering process.You will be prompted to fill in your email address.The data recorded by the site is proof of all the transactions between MANUKA YOGA and its clients. In the event of a conflict between MANUKA YOGA and one of its clients over a transaction carried out on the site, the data recorded by MANUKA YOGA shall be considered as valid proof of the content of the transaction.
4.3 validation of the order
4.3.1 validation of delivery methodYou must, on the one hand, validate your delivery method and, on the other hand, complete thedelivery information necessary for the correct shipment of your order: country of dispatch, civility, first name, last name, telephone and delivery address.Once this step is complete, click “continue”.4.3.2 validation of the payment method and payment of the orderYou can take back your delivery address as a billing address or enter another one. You will then be prompted to select a payment method and enter the related information.At the end of the order process described above and after having accepted all these terms and conditions of sale and use of the site, click on the "place my order". The sales contract will then be definitively formed.You must verify the accuracy of your selection before confirming your order. If every effort is made to ensure that the colour and pattern of the products whose photos are displayed on the site are true to the original products, variations may occur, especially because of the technical limitations of color rendering on your computer equipment. Therefore, MANUKA YOGA cannot be held responsible for errors or non-substantive inaccuracies of the photographs or graphic representations of the products appearing on the site. If you have any questions about the products, you can of course contact us at email@example.com.For more information about the payment methods (currency, accepted methods of payment, etc.), please refer to the article below "5. Prices – accepted means of payment".Once completed, your order is sent to MANUKA YOGA for treatment. MANUKA YOGA reserves the right not to accept an order from a customer with which is in dispute for a previous order, or if MANUKA YOGA reasonably believes that this customer has breached these Terms and Conditions or engaged in fraudulent activity, or for any other legitimate reason.4.3.3 order confirmationA summary of your order will then be sent to you by email. The acknowledgement of receipt will show the total amount of the order, the information relating to the cost and delivery time, the essential characteristics, the quantity and the price of the products purchased.The customer formally accepts the use of email for confirmation by MANUKA YOGA of the contents of the order.We advise you to keep this acknowledgement of receipt in paper or electronic form.In accordance with Article l. 134-2 of the French Consumer Code, when an order is for an amount equal to or greater than 100 euros, MANUKA YOGA retains the writing that notes the contract concluded between MANUKA YOGA and a customer by electronic means for a period of time from the conclusion of the contract until the date of delivery of the good and for a period of ten years from that date (in accordance with Decree 2005-137 of 16 February 2005). You will then have access to this document at any time, upon request from the Customer Service by sending us an email at firstname.lastname@example.org and justifying your identity.
5. Prices – Accepted Methods of Payment
5.1 priceProduct prices are in euros, all taxes included. Apart from the cases of refund realized (i) in the context of the exercise of the right of withdrawal or for (ii) lack of conformity and hidden defects, MANUKA YOGA will not refund the VAT applied on purchases made on the site (even if the buyer, after receipt, redirects the products to a third country in the European Union).For sales made outside the European Union, customs clearance, payment of various duties or taxes are the sole responsibility of the customer.MANUKA YOGA reserves the right to change at any time and without notice the prices of the products offered on the site. The products are invoiced on the basis of the prices displayed on the site at the time of placing your order, subject to availability of the products ordered at that time.All orders are payable in euros and must be paid immediately upon placing your order. In case of unavailability of certain products ordered (see Article 3 "Availability of products"), only the price and the transport costs relating to the available products will be debited.5.2 means of payment acceptedThe accepted methods of payment are credit cards and bank cards (Visa®, Mastercard®, American Express®) via the secure platform implemented by Stripe.In accordance with the provisions of Article l. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.Any order made on the site implies the guarantee from the customer that he has all the necessary authorizations to use the means of payment made available on the site.The shipment of your order takes place only after verification of your payment method and receipt of the debit authorization of your card. Your account will be debited at the time of shipping your order. MANUKA YOGA does not store the banking data of its customers.
6. Retention of title
The products ordered remain the property of MANUKA YOGA until the full collection of the price by MANUKA YOGA.On the other hand, you, the customer, assume the risks (in particular of loss, theft or deterioration) regarding the products delivered from the moment they are delivered to the address indicated at the time of the order.
7. Delivery Terms
7.1 delivery areaDelivery is the physical delivery of the product to the customer (the “delivery”). Products purchased on the site can be delivered in France and abroad.For safety and other reasons, MANUKA YOGA will not process anyOrder for which a General Delivery, Hotel, PO Box or Cedex address is provided.The products are shipped to the delivery address you indicated during the order process.In the event of an error in the wording of the customer’s contact information, MANUKA YOGA cannot be held responsible for the impossibility of delivering the ordered product(s).7.2 transport costsWhen entering the order on the site, the customer must choose the delivery method and the place of delivery.The amount of the delivery fee is calculated according to the destination and the chosen delivery method.7.3 delivery timesFor any order placed on the site, MANUKA YOGA must allow 2 to 5 working days (excluding weekends and public holidays) and a maximum of 10 working days in periods of high activity (Christmas, sales, etc.), it being specified that these periods run only from the validation of your order by our customer service.When MANUKA YOGA takes over the delivery of the product, the risk of loss or deterioration of the product is transferred to the customer at the time of delivery.In order to meet these deadlines, the customer must ensure that they have provided accurate and complete information regarding the delivery address (such as street, building, staircase, access codes, names and/or numbers).intercom, etc.).MANUKA YOGA cannot be held responsible for the delay of delivery not being due to it or justified by a case of force majeure (as defined below).MANUKA YOGA also reserves the possibility to split deliveries. The debit of your credit card or payment will be split in the same way to match the price of the products actually delivered. Transport costs will not beinvoiced only for one shipment and in accordance with the instructions in your order summary. If you have any questions, please contact our customer service department at email@example.com.
8. Delivery issues
Any failure or delay in delivery, in excess of the delivery times mentioned in Article 7, must be reported to our customer service as soon as possible by sending us an email at firstname.lastname@example.org.Any complaint made after fourteen (14) calendar days from the date of validation of your order cannot be taken into account. In case of deterioration of the product, the customer must:• Refuse the package which will then be returned directly to the sender• Reserve receipt of damaged package• Make a claim on the carrier’s siteWithout reservation on the part of the consignee, the carrier is not obliged to compensate. The recipient’s claim will enrich the claim made by our services.To make a claim, contact us at email@example.com, indicating:• Recipient Name• Package Tracking No.• Product Description• Photos of damaged package with visible postage• Photo of the inside of the package• Photo of damaged productIf the shipping deadline is missed, you can cancel the order simply by email at firstname.lastname@example.orgMANUKA YOGA will then be required to reimburse you the full amount paid,no later than fourteen (14) days after the date of termination of the contract of sale. If you nevertheless receive the product after using this option, you will have to return it according to the terms of return provided for in Article 9 below.You must check the conformity of the products at the time of delivery and indicate, if possible on the invoice, in the form of handwritten reservations accompanied by your signature any anomalies observed (open package, damaged product, etc.).You must then contact customer service by sending us an email email@example.com In case of non-compliance of the products purchased or if they do not give you satisfaction, you can return them by requesting the refund under the conditions provided in article "9. Right of withdrawal – returns and refunds".8.1 Liability item not deliveredFirst make sure to check the tracking of your package via the link provided in the confirmation email of your order. If it says "delivered" but you don’t have itreceived in your mailbox, it is possible that the item was returned to the post office nearest you, or that your neighbourhood received it. If your parcel indicates that it was delivered by our service provider (La Poste, Mondial Relay) wecan’t do anything anymore. A mailbox flight is the equivalent of a flight on your property, so you have to contact the carrier.8.2 Responsibility and shipment of your return packageAs long as we have not received it, your return package is under your responsibility. In the event of loss or any other problem during the delivery of your return package, we invite you to contact the carrier. Please let us know via firstname.lastname@example.org.We will not be able to confirm the return of your items until we receive your package. We recommend that you keep the proof of deposit of your package for the processing time.
9. Right of withdrawal – returns and refunds
9.1 right and period of withdrawalYou have a legal right of withdrawal that you can exercise under the conditions provided for in articles l. 121-21, l. 121-21-1 and l. 121-21-2 of the Consumer Code, if you meet the conditions set by these provisions, without having to justify and without having to pay penalties.The MANUKA YOGA General Return Policy (for any refund or exchange request) allows you to withdraw within fourteen (14) days from the date of delivery of the products, without having to justify any reason and without having to pay any penalty. After this period, you will no longer be able to exercise your right of withdrawal.9.2 procedures for exercising the right of withdrawalWe offer you the possibility to fill in and send your withdrawal statement by sending us an email at email@example.com you will then receive a confirmation of your withdrawal by email.9.3 consequence of the right of withdrawalAs part of the exercise of the right of withdrawal or in case of non-compliance of the product, you can return the product(s) purchased by requesting the refund under the conditions described in article 10 below.
10. Return and Refund Terms
10.1 return procedureAs part of the exercise of the right of withdrawal, the products must be returned in their original packaging, in their original condition, new, unworn, unwashed, with the hygiene label not detached and properly folded within 14 days tofrom the date of receipt.The return of a product, in case of a refund request, is free if the place of dispatch is in metropolitan France. The return of a product, in case of request forrefund, is at your expense if the place of delivery is outside metropolitan France and is done at your own risk. To do so, you must send an email to firstname.lastname@example.org with the reasons why you would like to make a return. You will receive within a maximum of one week by email a return voucher to return your order as well as a transport voucher at the expense of MANUKA YOGA in case of place of delivery in metropolitan France, which you will have to print. Please note that this return voucher has a deadline for filing at the post office. After the date of deposit indicated on this return slip, you will no longer be able to return your product free of charge, the return will be done at your expense. Products returned incomplete, damaged, damaged, worn or soiled will not be refunded or exchanged. We will send them back to you and you will be charged for delivery.10.2 ReimbursementIn case of a refund request, the latter will take place within a maximum period of fifteen (15) days from the receipt of the product(s) by MANUKA YOGA. Once the products have been received, checked and accepted by our services, therefund, without the standard delivery fee of the initial order, will be made according to the same method of payment used when ordering.Once your package has been processed and brought into compliance, you will receive a notification that we have processed the refund. Please note, however, that additional time may be applied by your bank during theBe careful, your bank may take time to process payment receipts and may take up to 15 days.10.3 Gifts ordered from the siteTo the extent that only the bank account of the person who ordered the product can be recredited, only that person can request the refund via the return procedure at the site. The customer who bought the gift must then follow the return procedure provided for in article 10.1.
11. Legal Guarantees
The products sold by MANUKA YOGA are subject to the conditions of legal guarantees provided for in articles l. 211-4 to l. 211-13 of the Consumer Code as well as articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:11.1 Legal guarantee of conformityMANUKA YOGA will deliver to you a product in accordance with the contract and free of defects of conformity at the time of delivery of said product, in the sense that the product will be fit for the usual intended use of a similar good and will present the characteristics presented at the time of sale. MANUKA YOGA also responds todefects in conformity resulting from packaging.MANUKA YOGA can replace the non-compliant product. If replacement is not possible within one (1) month of claim or, ifyou make the request in a duly reasoned manner, you can ask for a refund of the price of the product.This guarantee will only apply on the condition that you apply within two years of the delivery of the property. Non-conformities that occur within twenty-four (24) months of delivery are presumed to exist at the time of delivery, unless otherwise evidenced.11.2 Legal guarantee of hidden defectsMANUKA YOGA will give you a product free of hidden defects that would make it unsuitable for the use for which it is intended, or that diminish this use so much, that you would not have acquired it, or would have given it only a lower price, if you had known them. This guarantee will only apply if you apply within two (2) years of the discovery of the defect.In the event of a hidden defect, you will have the choice to return the product and have the price and costs of the sale returned to you or to keep the product and have part of the price returned to you. In any case, it will be up to you to prove that you meet the conditions of the guarantee.In case of non-compliance and hidden defects you must return the products to the following address:MANUKA YOGALES PLAGES 1 DE CAVALIERE BATIMENT LES DAUPHINS 83980 LE LAVANDOUFrance11.3 Force MajeureIn the event of an event of force majeure preventing the execution of these general conditions of sale, MANUKA YOGA shall inform the customer within fifteen (15) days of the occurrence of this event, by email orby registered letter with acknowledgement of receipt.Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blocking of means of transport or supply for any reasonearthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, telecommunications blocking, including wireline or radio telecommunications networks, and any other caseindependent of the will of the parties preventing the normal performance of the contractual relationship.All obligations of the parties are suspended for the duration of the event of force majeure, without compensation. If the event of force majeure is prolonged for more than three (3) months, the transaction concerned may be terminated at the request of MANUKA YOGA or the customer without compensation on both sides. Failure to pay by the customer cannot be justified by force majeure.
12. Limitation of Liability
In no event shall MANUKA YOGA be liable for any damage that does not result from MANUKA YOGA’s failure to fulfil any of its obligations.
13. Miscellaneous Provisions
If one or more stipulations of these General Conditions of Sale are held to be invalid or declared as such by law, by regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.No tolerance, inaction or inertia of MANUKA YOGA shall be construed as a waiver of its rights under the terms of the General Conditions of Sale.
14. Applicable Law – Litigation
These general conditions of sale are governed and interpreted in accordance with French law.However, in accordance with Regulation No 593/2008 of 17 June 2008, these general conditions of sale do not prevent MANUKA YOGA from complying with a provision more favourable to the customer and to which it cannot be waived by agreement, under the law where the client has his or her ordinary residence.In the event of a dispute related to the execution of an order, you have the possibility to use a conventional mediation procedure or any other alternative dispute resolution procedure.These general conditions of sale are written in French. Notwithstanding the above, in the event of a dispute, in accordance with Regulation No. 44/2001 of 22 December 2000:• you will be able to apply to either the court where you are domiciled or to the French courts,• MANUKA YOGA will be able to take your place of residence to court.In the event of discrepancies between the French and English versions of the General Conditions of Sale, the French version shall prevail.
General Conditions of Use of the Site
• Personal data and cookies
• Intellectual Property
All elements (drawings, models, illustrations, images, soundtracks, texts, logos, trademarks...) Constitutives of the site is the exclusive property of MANUKAYOGA. With the exception of derogations expressly provided for in the general conditions of use, you are forbidden to reproduce in full or in part, by any process whatsoever, to distribute, publish, to transmit, modify or sell all or part of the content of the site, or to create derivative works from it without the prior written consent of MANUKA YOGA.The “MANUKA YOGA” brand, all other trademarks and logos related to MANUKA YOGA, registered or not, displayed on the site, as well as the domain name“manukayoga.com” is and will remain the exclusive property of MANUKA YOGA. Any reproduction, distribution, transmission, modification or use of these marks without the express prior consent of MANUKA YOGA, for any reason whatsoever, isforbidden.You are prohibited from deleting any copyright, trademark or other exclusive rights notice from the site or from any content on the site. You may make only one copy of the web pages published on the site for your private, personal and non-commercial use, provided that any copy of these web pages retains all the mentions of“copyright” and the exclusive rights therein.
The site may contain links to third-party sites not published or controlled by MANUKA YOGA. Such links are provided solely as a convenience; they cannot and should not be construed as an express or implied endorsement of these sites, their content or any products or services offered on them.You can only link to the site with the written, prior and express permission of MANUKA YOGA.
• Limitation de responsabilité
MANUKA YOGA shall in no event be liable to you or to any third party for any indirect, incident, special or incidental damage - including, but not limited to, any loss of profit or other indirect loss, resulting from your use of the Site or your inability to use it. This limitation of liability applies to the fullest extent permitted by law.
• No warranty
MANUKA YOGA cannot guarantee and affirm:- the site is free of viruses, data overwriting programs, Trojan horses or other destruction equipment,- the information contained on the site is accurate, complete or up-to-date.The site may contain technical inaccuracies or other defects, MANUKA YOGA does not guarantee the correction of these defects. The site and its contents are presented "as is" and "according to availability". MANUKA YOGA expressly excludes any form of warranty, and in particular, any implied warranty relating to the usual conditions of use of the site or the suitability of the site for a normal use or a specific use, its quality or compliance with any legal provisions. This limitation of liability applies to the fullest extent permitted by law.
• Applicable Law – Litigation
These general conditions of use are governed and interpreted in accordance with French law in accordance with Regulation No 593/2008 of 17 June 2008. These general conditions of use are written in French.In case of dispute related to the use of the site, you have the opportunity to usea conventional mediation procedure or any other alternative dispute resolution procedure.In the event of a dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000:- You will be able to apply to the court of the place where you are domiciled, or to the French courts,- MANUKA YOGA will be able to bring the matter before the court where you are domiciled.MANUKA YOGA reserves the right to seek and obtain injunctions or orders in defence of its rights hereunder.In the event of discrepancies between the French and English versions of the General Conditions of Use, the French version shall prevail.