MONNIER LUCAS, sole proprietorship registered with the Évry trade and companies register under number 952 111 631, located at 7 rue Antoine de Saint Exupéry, 91620 Nozay, France (hereinafter "the Operator"), publisher and operator of the website https://esprit-fourmis.fr (hereinafter "the Site"), has drawn up these general terms and conditions of sale and use (hereinafter "the T&Cs"), which govern access to and use of the Site.
They also set out the conditions under which the Operator agrees to supply the products (hereinafter "the Products") presented on the Site.
The Products offered on the Site are reserved for private individuals and are not intended for professional use.
Article 1. Acceptance of the T&Cs
Before any use of the Site or purchase of Products on the Site, you acknowledge that you have read these T&Cs and you accept them without restriction or reservation.
You declare that you are legally capable of entering into a contract.
These T&Cs also apply to any variation or extension of the Site on social or community networks, or application, whether existing or future.
We recommend that you download and/or print them so that 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 device connected to the Internet. You bear all costs relating to your digital environment (computer hardware, software and network connection), including Internet connection costs.
The Operator may refuse access to the Site to any person who does not comply with these T&Cs.
Article 3. Registration
Access to certain Products requires the creation of a personal account.
Registration is free of charge. It is carried out by completing the online form provided for this purpose. To do so, you must provide the following information: first name, last name, address, telephone number, email.
You undertake to provide accurate and truthful information about yourself.
A confirmation email is then sent to the address provided, with a summary of the login information.
The login ID is personal and may not be used by several people, nor assigned, leased or transferred in any way.
The password is confidential and must not be communicated to a third party. It can be changed from your personal account area. You must take all necessary steps to protect your password.
You also undertake to inform the Operator, by any means and as soon as possible, in the event of any observation or suspicion of fraudulent or unauthorised access to your account.
You may at any time request the cancellation of your registration and the deletion of your account, from your personal account area, or by email to the following address: contact@esprit-fourmis.fr.
The Operator reserves the right to delete your account without notice in the event of any breach of these T&Cs, in particular:
- In the event of use contrary to current legislation;
- In the event of fraudulent use or impersonation of a third party;
- In the event of infringement of the rights of the Operator or a third party.
The Operator may also delete your account in the event of inactivity for more than one (1) year.
Article 4. Products
The essential characteristics of the Products on offer are presented on the Site.
You acknowledge that you have read this information prior to placing any order.
Article 5. Orders
Orders are placed online via the Site.
To place an order, you must select the desired Products to add them to your cart.
You must then confirm the details of your cart and the total price, or correct any errors, and provide your billing and delivery address, as well as your payment method.
You definitively confirm your order by clicking on the payment button. This confirmation constitutes an electronic signature on your part, equivalent to a handwritten signature, and firm and final acceptance of the sale.
Once payment is accepted, the order is confirmed as soon as possible by sending an acknowledgement of receipt by email to the address you have provided.
Products are offered within the limits of available stock. In the event of unavailability, an equivalent Product may be offered to you. If you refuse, your order will be cancelled and fully refunded.
The Operator reserves the right to refuse an order for Products in an abnormal quantity.
Article 6. Delivery
Products are supplied within the European Union.
Delivery is made to the address you have provided. The delivery time, given for indicative purposes only, varies depending on the chosen shipping method.
As delivery is carried out by a third-party company, we accept no responsibility in the event of late delivery. No refund of shipping costs will be made in the event of delay.
You are required to receive the Products in person, or to appoint a third party for this purpose.
Delivery of the Product is carried out by the carrier appointed by the Operator. It is performed by handing over physical possession or control of the Product to you, or to the appointed third party.
You are required to check the condition of the Products upon receipt. In the event of any irregularity (incomplete order, damaged, torn or opened packaging, etc.), you must refuse the delivery, noting your reservations on the delivery slip and informing the carrier of the defects observed. You may also inform the Operator at the contact details indicated below.
The Operator may not be held responsible for any delay or impossibility of delivering an order due to an error on your part in providing your contact details. In this case, the Operator reserves the right to suspend delivery until the issue is resolved.
Article 7. Financial conditions
1. Prices
Prices are indicated on the Site in euros, all taxes included. They take into account the VAT in force on the day of the order.
The Operator reserves the right to modify them at any time. The price applied is the one in force at the time of confirmation of the order.
Any Product delivery costs are applied in addition. Their amount is indicated at the time of confirmation of the order.
Exceptionally, in the event of an erroneous indication of a price that is manifestly derisory compared to the actual value of the item, the order may be cancelled.
Products remain the property of the Operator until full payment of the price.
2. Payment
Payment is made in cash, by credit card via a secure system or via PayPal.
Your payment method is charged at the time of the order.
Any refusal of payment or partial payment will result in automatic cancellation of the order, of which you will be informed by email.
You expressly accept that invoices be sent to you in electronic format.
The Operator also reserves the right to refuse any order in the event that you have not paid in full or in part for a previous order or if a dispute is ongoing.
The data recorded by the Operator constitutes proof of the transactions concluded on the Site.
Article 8. Right of withdrawal
1. Legal right of withdrawal
The consumer customer has a legal right of withdrawal as provided for in Article L221-18 of the French Consumer Code.
You may 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 appointed.
In the case of an order for several Products delivered separately, or for a Product composed of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last Product, lot or piece.
For contracts providing for the regular delivery of Products over a defined period, the period runs from the receipt of the first Product.
To exercise your right, you must inform the Operator of your decision to withdraw by sending, before the expiry of the prescribed period, the withdrawal form whose template appears in the annex below, or any other unambiguous declaration expressing your wish to withdraw, to the following contact details:
7 rue Antoine de Saint Exupéry, 91620 Nozay, France
Email: contact@esprit-fourmis.fr
You must return or hand back the Products to the Operator, 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 at your expense.
You may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products.
The Operator will refund all sums paid, excluding delivery costs, without undue delay and at the latest within 14 days from the date on which it is informed of your decision to withdraw.
Unless it has offered to collect the Products itself, the Operator may defer the refund until the Products have been received or until you have provided proof of dispatch of these Products, the date used being that of the first of these facts.
The Operator will make the refund using the same means of payment as that used during your purchase, unless you expressly agree that it use another means of payment and provided that the refund does not incur any costs for you.
The Operator is not required to refund additional costs if you have expressly chosen a more expensive delivery method than the standard delivery method offered by the Operator.
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 beyond the Operator's control and likely to occur during the withdrawal period;
- The supply of goods made to your specifications or clearly personalised;
- The supply of goods likely to deteriorate or expire quickly (ants are included);
- The supply of goods which have been unsealed by you after delivery and which cannot be returned for reasons of hygiene or health protection;
- The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
- The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the Operator's control;
- The supply of audio or video recordings or computer software when they have been unsealed after delivery;
- The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications.
Article 9. Warranties
The Operator is bound by the legal warranty of conformity for goods under the conditions of Article L. 217-3 et seq. of the French Consumer Code, as well as the warranty relating to hidden defects in accordance with the provisions of Articles 1641 to 1649 of the French Civil Code.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal warranty of conformity in the event of a non-conformity defect. During this period, the consumer only needs to establish the existence of the non-conformity defect and not the date of its occurrence.
When the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty is applicable to this digital content or digital service throughout the planned supply period. During this period, the consumer only needs to establish the existence of the non-conformity defect affecting the digital content or digital service and not the date of its occurrence.
The legal warranty of conformity entails an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the goods.
The legal warranty of conformity gives the consumer the right to repair or replacement of the goods within thirty days following the request, free of charge and without major inconvenience to them.
If the goods are 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 goods, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:
- The professional refuses to repair or replace the goods;
- The repair or replacement of the goods takes place after a period of thirty days;
- The repair or replacement of the goods causes major inconvenience to the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if they bear the costs of installing the repaired or replacement goods;
- The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or termination of the contract when the non-conformity is so serious that it justifies the price reduction or termination of the contract being immediate. The consumer is not then required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to terminate the sale if the non-conformity is minor.
Any period during which the goods are out of use for repair or replacement suspends the warranty that remained to run until the delivery of the restored goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs in bad faith the implementation of the legal warranty of conformity incurs a civil fine of a maximum amount of EUR 300,000, which can be raised to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or a full refund against return of the goods.
Article 10. Content published by the user
You have the possibility of publishing the following content on the Site: reviews of products you have purchased.
You remain fully responsible for the content you publish on the Site. As such, you undertake not to publish content that is unlawful, infringes the rights of third parties, or is shocking, violent, pornographic, or inciting hatred or discrimination.
By publishing on the Site, you grant the Operator a free licence authorising it to reproduce, represent and adapt the content you publish, for advertising or commercial purposes, by any means and on any medium known or unknown to date, worldwide and for the entire duration of its legal protection.
The Operator reserves the right to refuse or remove any published content, without notice or justification.
Article 11. Liability
The Operator makes every effort to provide accurate and up-to-date information and content on the Site, without however being able to guarantee the performance, completeness or reliability of this information and content.
The Operator is not responsible for technical, computer or compatibility problems or failures affecting the availability or use of the Site, for reasons or circumstances beyond its control.
Nor is the Operator responsible for any damage resulting from the use of the Site, including loss of data, deterioration, destruction or viruses likely to 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 the copyright and intellectual property rights of the Operator or its suppliers and service providers.
Any unauthorised representation, reproduction, adaptation, modification or exploitation is prohibited and is likely to constitute infringement within the meaning of Articles L. 335-2 et seq. of the French Intellectual Property Code.
Article 13. Availability
The Operator endeavours 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.
The Operator may at any time and without notice suspend or limit access to the Site, in order to carry out maintenance, updates, modify its content, or any other action necessary for its proper functioning.
Article 14. Hypertext links
The Site may contain hypertext links to other websites or external sources.
The Operator assumes no responsibility for the information, advertising, products, services, or any other content available on these sites or external sources.
The Operator authorises the setting up of hypertext links to the Site, provided that the source site does not contain any illegal, violent or pornographic content, and excluding any use of these links for commercial or advertising purposes. The Operator reserves the right to object.
Article 15. Personal data
As part of its activities, the Operator undertakes to implement processing of personal data of users of its services that respects their privacy and complies with French and European legislation in force.
Who is the data controller?
The data controller is:
MONNIER LUCAS, sole proprietorship registered with the Évry trade and companies register under number 952 111 631, located at 7 rue Antoine de Saint Exupéry, 91620 Nozay, France.
What data is collected?
The Operator collects the information you agree to provide via forms on the Site, when you publish content, create your personal account, or place an order. The mandatory nature of data is indicated at collection by an asterisk.
The Operator also collects data relating to the follow-up of the commercial relationship, in particular your purchase history and requests and correspondence addressed to customer service.
Why is your data collected?
Your data is processed on the legal basis of the conclusion and performance of your contract:
- For the management and follow-up of your order;
- For invoicing and collection of payments;
- For complaint management and after-sales follow-up;
- For the creation and management of your personal account.
Your data is processed on the legal basis of the Operator's legal obligations:
- For compliance with its accounting and tax obligations.
Your data is processed on the legal basis of the Operator's legitimate interest:
- For the management and improvement of the performance and functionality of the Site;
- For statistical analysis of the Site's activity;
- For quality studies and sales statistics of the Products offered;
- For combating fraud and improving the security of the Site.
Your data is processed on the legal basis of your consent:
- For carrying out commercial prospecting actions, by post or electronically, and advertising profiling for the benefit of the Operator.
How long is your data kept?
Your data is kept for the entire duration of the contractual relationship between you and the Operator.
Data necessary for invoicing and for accounting and tax obligations is archived for 10 years.
Data relating to commercial prospecting actions is kept for 3 years from your last activity on the Site.
Who is your data shared with?
Your data may be transmitted to the Operator's collaborators, as well as to subcontractors called upon to intervene for the proper functioning of the Site: IT service providers (hosting, maintenance, security, etc.), payment providers, technical and logistical subcontractors, statistical analysis and communication consultants.
Your data may be transferred to countries located outside the European Union. In this case, the Operator must ensure that this data is subject to protection substantially equivalent to that guaranteed in the European Union, either under an adequacy decision rendered by the European Commission, or by the implementation of all appropriate measures, in particular through the use of standard contractual clauses of the European Commission. You can request more information on these appropriate guarantees at the contact details indicated below.
What are your rights?
You may access the data concerning you, rectify it, request its erasure or exercise your right to limit the processing of your data.
You may also object to the processing of your data, for reasons relating to your particular situation, except in the case of commercial prospecting, to which you may object without reason.
You may withdraw your consent at any time, without affecting the lawfulness of the processing based on consent prior to its withdrawal.
You have a right to the portability of your data.
You may issue directives concerning the retention, deletion or communication of your personal data after your death.
Finally, you may lodge a complaint with the CNIL (the French data protection authority), via its website (www.cnil.fr) or by post (CNIL – Service des Plaintes – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, France).
To exercise your rights, please send your request to the following contact details:
Monnier Lucas
7 rue Antoine de Saint Exupéry
91620 Nozay, France
Article 16. Cookies
The Operator uses cookies and other trackers whose sole purpose is to enable or facilitate electronic communication or which are strictly necessary for the proper functioning of the Site.
You can modify your browser settings to block or delete cookies. Blocking cookies may impair the functioning of the Site.
Article 17. Force majeure
The Operator cannot be held responsible for any delay or breach of its obligations caused by a case of force majeure, in the sense usually adopted by French courts.
Article 18. Modifications
The Operator reserves the right to modify, at any time and without notice, these T&Cs, in particular to adapt them to changes in the Site through the provision of new features or the removal or modification of existing features.
Article 19. Partial nullity
If one or more provisions of these T&Cs were to be declared null and void in application of a law, regulation or final decision of a French court, the other provisions shall retain their full force and scope.
Article 20. Complaints – Mediation
1. Complaints
For any complaint, you may contact the Operator at the following contact details:
7 rue Antoine de Saint Exupéry, 91620 Nozay, France
Email: contact@esprit-fourmis.fr
2. Mediation
The Operator adheres to the mediation service of the Federation of e-commerce and distance selling (FEVAD): 60 rue La Boétie, 75008 Paris – contact@fevad.com – www.mediateurfevad.fr
For any dispute or disagreement not resolved after an initial amicable complaint, you have the option of using the FEVAD's consumer mediation procedure.
Information on how to refer a matter is available at the following address: https://www.mediateurfevad.fr/index.php/espace-consommateur/
The solution proposed by the mediator is not binding on the parties, who remain free at any time to withdraw from the mediation process.
The European Commission has also set up an online dispute resolution platform accessible at this address: https://ec.europa.eu/consumers/odr/
Article 21. Applicable law – Disputes
This contract is exclusively subject to French law. In the event of a dispute, French courts shall have sole jurisdiction.
Annex: Withdrawal form template
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of MONNIER LUCAS, sole proprietorship (EI), located at 7 rue Antoine de Saint Exupéry, 91620 Nozay, France, email: contact@esprit-fourmis.fr,
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract concerning the sale of the goods (*) / the provision of the services (*) below:
- Ordered on (*) / received on (*):
- Name of the consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only in case of notification of this form on paper):
- Date:
(*) Delete as appropriate.