General Terms and Conditions of Sale (GTCS)
These GTCs govern all the terms and conditions of sale via the company's website:
10 rue de la Drisse
56470 LA TRINITÉ SUR MER
Telephone : + 33 (0)2 97 80 64 31
The buyer and MANTA INNOVATION agree that their relationship will be governed exclusively by these GTC, which apply to the exclusion of all other conditions or contracts, and in particular those applicable to all other sales, such as sales made at points of sale at trade fairs and events where MANTA INNOVATION will be present, or at distributors of MANTA INNOVATION products.
MANTA INNOVATION reserves the right to adapt or modify these GTC at any time. In the event of modification, the applicable GTC will be those online on the day of the order.
1 - PRODUCTS FOR SALE ON THE SITE
Products that do not require a quote are shown on the site subject to availability. The availability of solutions requiring a quotation will only be confirmed when the quotation(s) is (are) issued, and will be subject to validity periods.
MANTA INNOVATION will make its best efforts to update its stocks. If an item is unavailable, MANTA INNOVATION will take steps to remove it from the site. When an item is not available, it cannot be selected by the buyer.
MANTA INNOVATION reserves the right to withdraw any product from the site at any time and/or to replace it and/or to adapt or modify any content or relative information on the site. The products offered are described and presented as accurately as possible.
The product sheet contains its characteristics, its composition, its price (unit price including VAT).
MANTA INNOVATION may, however, in particular due to its suppliers, offer products that are slightly different from those described on the site, but in any case of equal or superior quality to the product ordered.
2 - THE CUSTOMER ACCOUNT
Prior to placing an order, the buyer must create a customer account according to the conditions described below:
Creating a customer account
The buyer must fill in all mandatory fields marked with an asterisk and undertakes to fill in his or her profile with accurate and up-to-date information, and releases MANTA INNOVATION from any liability due to the inaccuracy of the information provided when creating his or her customer account.
The buyer will validate the creation of his customer account by registering and confirming a password which he undertakes to keep secret. The buyer acknowledges that the use of the customer account is made under his entire responsibility. The customer undertakes to inform MANTA INNOVATION of any usurpation of his/her password and/or customer account.
Cookies to facilitate customer account identification
In order to facilitate the identification of the purchaser by the simultaneous provision of the e-mail address and password, the purchaser expressly authorises MANTA INNOVATION to have a file known as a "Cookie" on his or her hard disk for the purpose of facilitating identification for the purposes of order processing and to receive anonymous information on the purchaser's search activities on the site. This information will not be kept for more than 1 (one) year.
The buyer retains the possibility of refusing cookies on the site without this restricting the placing of the order.
3 - OUR PRICING POLICY
The price to be paid is the one communicated on the site at the time of the validation of the order and communicated in the framework of the confirmation of the order.
The price of the products is expressed in euros including all taxes, including value added tax (VAT) at the legal rate in force.
4 - TO PLACE AN ORDER
MANTA INNOVATION reminds you that all orders on the site must be made for personal and/or private use. The buyer undertakes in particular not to resell the products. The buyer acknowledges that MANTA INNOVATION shall be free to cancel any order which it considers to be made for purposes other than personal and/or private use.
5 - METHOD AND PLACE OF DELIVERY
Once identified, the buyer will choose the method of payment and the place of delivery of his order in accordance with the provisions of Article 5 below.
5.1 - Choice of payment method
Once the mode and place of delivery have been defined by the buyer, the latter will validate the mode of payment among those proposed on the site.
5.2 - Order confirmation
The buyer may, in any case, at any time, by logging into his customer account, have access to the various elements relating to his order(s) and in particular his invoices.
However, MANTA INNOVATION draws the buyer's attention to the fact that the sending of these e-mails does not in any way guarantee the availability of the product.
If the product is not available, MANTA INNOVATION will inform the buyer by e-mail within 5 working days (Monday to Friday) of the Order Confirmation.
MANTA INNOVATION then undertakes to proceed, within a maximum period of 5 working days from the sending of the e-mail informing of the unavailability of the product, with the reimbursement of the price paid by the buyer for the unavailable product, as well as any delivery costs paid by the buyer, if the unavailability concerns the entire order in question. Otherwise, if the unavailability does not concern the entire order in question, MANTA INNOVATION undertakes to reimburse only the price paid for the unavailable product, excluding any delivery charges paid by the buyer.
MANTA INNOVATION reminds that it reserves the right to refuse or cancel any order in case of particular circumstances:
- when the order has been placed under conditions which give rise to a legitimate expectation that it has been placed for the purpose of resale or commercial redistribution;
- when the contact details provided are inaccurate or incomplete;
- in the event of non-compliance with these general conditions of sale by the buyer.
5.3 - Place of delivery
The products offered for sale are available for free delivery in Metropolitan France, and according to the rates in force for other countries and Dom Tom. Shipments are made by Colissimo.
If the buyer is not present at the address indicated during the Colissimo delivery, a delivery notice will be left in the letterbox.
5.4 - Delivery times and methods
MANTA INNOVATION undertakes to deliver the products ordered by the purchaser within a maximum of 10 (ten) working days from the order confirmation. If a delay in delivery is likely to occur, MANTA INNOVATION undertakes to inform the buyer as soon as possible. In the event of a prolonged delay in delivery, the buyer is invited to inform MANTA INNOVATION at the following address email@example.com.
5.5 - Reception of products
Upon receipt of the product(s), the buyer is required to check the condition of the product(s) delivered. He has a period of 5 (five) working days from delivery to formulate any reservations with all the corresponding proofs, by registered letter with acknowledgement of receipt, without prejudice to the application of the legal guarantee of conformity of the products as well as the legal guarantee of hidden defects, which could apply apart from any defect resulting from the conditions of transport.
The purchaser may at any time retrieve the elements relating to his/her order(s) by logging into his/her customer account and in particular his/her order form(s), invoice(s), etc. These various documents are kept on the buyer's customer account for a period of 3 (three) years.
6 - MODALITÉS DE PAIEMENT
For any payment by credit card, the buyer must indicate his card number appearing on the front of the card (16 digits), the date of validity and the last three digits appearing on the back of the card. At the time of entry, the site is in encrypted mode and all the information transmitted is coded. None of this data is transmitted unencrypted over the Internet.
To ensure the security of payments, the site uses a secure payment service. This service integrates the SSL security standard. When the order is validated, the payment request is routed in real time to the secure remote payment manager. The latter sends an authorisation request to the bank card network. The remote payment manager issues an electronic certificate.
The occurrence of an unpaid order due to fraudulent use of a bank card will result in the registration of the details of the order form associated with this unpaid order in a payment incident file. An irregular declaration or an anomaly may also be subject to specific processing.
For any payment by PayPal, the buyer enters his login and password on the PayPal interface, then validates by a simple click. They check the amount for which they wish to pay the order and confirm by clicking on payment by PayPal.
MANTA INNOVATION will not deliver the order if the payment is not effective. MANTA INNOVATION may also suspend delivery or cancel the order in the event of difficulties in the payment process (anomaly in the payment), in the event of non-compliance with the payment terms mentioned above, in the event of non-payment, total or partial, of a previous or current order.
7 - RESPONSIBILITIES
MANTA INNOVATION shall not be considered responsible or liable for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognised by case law.
Similarly, MANTA INNOVATION shall not be held liable for any inconvenience or damage inherent in the use of the Internet network and totally external to the diligence and precautions taken by MANTA INNOVATION.
In particular, MANTA INNOVATION shall not be held liable for any disruption in the supply of the service or any external intrusion or presence of computer viruses.
In the event of a breach by the purchaser of these GTC, MANTA INNOVATION shall send the purchaser a formal notice to remedy the situation at its billing address. If this formal notice remains without effect after a period of 8 days, MANTA INNOVATION may, as of right, delete the customer account of the offending buyer and/or refuse future orders. In the event of a serious breach of the GTC by the buyer, particularly in the event of fraud, MANTA INNOVATION may automatically delete the buyer's customer account and/or refuse future orders.
8.1 - Data controller
8.2 - Personal data protection officer
8.3 - Sources of collection of your personal data
8.4 - Processing of your personal data
The collection of this data has the following specific purposes:
- for processing whose legal basis is the execution of a contract with clients;
- for processing whose legal basis is the legitimate interest of MANTA INNOVATION;
- for processing whose legal basis is your consent;
- in the context of the implementation of cookies.
8.5 - Shelf life
9 - YOUR RIGHTS
In accordance with the General Data Protection Regulation (EU) 2016/679 and the French Data Protection Act of 6 January 1978, you have the right to access, rectify, delete, erase and port your data at any time, as well as the right to limit and oppose the processing of your personal data.
You can exercise all your rights by sending your request via the contact form, or by writing to the following address
10 rue de la Drisse
56470 LA TRINITÉ SUR MER
For processing for which your express consent has been requested, you have the right to withdraw your consent at any time.
In addition to the above rights and in accordance with the French Data Protection Act of 6 January 1978, you may define directives relating to the retention, deletion and communication of your data in the event of your death by writing to the email and postal addresses already specified above.
Finally, you have the right to lodge a complaint with the competent supervisory authority if you consider that MANTA INNOVATION is using your personal data inappropriately.
10 - COOKIES
A "cookie" is a file of limited size, usually consisting of letters and numbers, sent by the Internet server to the cookie file of the browser located on the hard disk of your computer.
When visiting the MANTA INNOVATION website, a cookie may be assigned and stored on the hard drive of the buyer's computer. MANTA INNOVATION uses different types of cookies to improve the interactivity and services of the site, and in particular :
10.1 - Cookies that do not require the buyer's prior consent
These include the following cookies:
- Technical cookies enabling the buyer to navigate the site and the site to function optimally;
- Identification and authentication Cookies that identify the buyer during his/her visit, in order to improve his/her navigation on the site and to personalise his/her online experience.
For such Cookies, the buyer cannot deactivate them from the site, but can do so from the settings of his internet browser.
10.2 - Cookies requiring the buyer's prior consent
This site uses statistical cookies including :
- Browsing analysis cookies, which collect general data on the buyer's access conditions in order to obtain global information for statistical purposes (these cookies make it possible to improve the quality of the buyer's visit to the site);
- audience measurement cookies to adapt the site to the demands of Internet users;
- Advertising cookies that make it possible to track the buyer's visit and to receive information on his or her search activities on the site (these cookies make it possible to implement advertising adapted to the buyer's needs and targeted for MANTA INNOVATION products);
- Cookies allowing to improve the interactivity of the site.
11 - INTELLECTUAL PROPERTY
MANTA INNOVATION is the owner of all the elements making up the site, and in particular the rights to the texts, general architecture, images (animated or not), graphics and sounds.
In accordance with the Intellectual Property Code, any representation or reproduction in whole or in part without the consent of MANTA INNOVATION is illegal. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
Violation of this clause constitutes an infringement that may lead to criminal sanctions. In France, under the Intellectual Property Code, counterfeiting constitutes an offence that may be punished by three (3) years' imprisonment and a fine of 300,000 euros.
The brands distributed by MANTA INNOVATION are registered trademarks. The reproduction, imitation, use, positioning, deletion or modification of a registered trademark constitutes an infringement that may lead to criminal sanctions.
The use of the site by the purchaser does not give him/her any intellectual property rights on the site and/or its content.
No provision of these GTCs may be interpreted as granting the purchaser a right of any kind whatsoever over the elements protected by intellectual property, of which MANTA INNOVATION may have ownership or the exclusive right of exploitation.
The purchaser who has a personal and/or private Internet site and who wishes to place, for personal and/or private use, a link on his or her site referring directly to the MANTA INNOVATION site, must request prior written authorisation from MANTA INNOVATION.
In any case, any link, not expressly authorised, must be removed on simple request from MANTA INNOVATION.
12 - COMPLETENESS OF THE CONTRACT
13 - APPLICABLE LAW AND JURISDICTION
These GTC are subject to French law.
MANTA INNOVATION and the buyer undertake to seek an amicable solution, before any legal action, in the event of a dispute arising from their contractual relationship.
In the event of a dispute, as a last resort, only the French courts shall have jurisdiction.
In the event of a dispute relating to the conclusion, execution or termination of an order, the buyer may file a complaint with MANTA INNOVATION by telephone (+ 33 (0)2 97 80 64 31) or by e-mail to firstname.lastname@example.org.
If an amicable agreement cannot be reached with MANTA INNOVATION, and in accordance with the provisions of Article L 152-2 of the French Consumer Code, the buyer may initiate a free mediation procedure with :
- the Mediator of the Federation of e-commerce and distance selling (FEVAD) - 60 rue la Boétie -75008 Paris - email@example.com, www.fevad.com).
- or on the dispute resolution platform put online by the European Commission: Online dispute resolution
If no agreement is reached at the end of the mediation procedure, the buyer and/or MANTA INNOVATION may refer the matter to the competent courts.
If the choice is made for conventional mediation, the buyer and MANTA INNOVATION may, in order to resolve their dispute, refer the matter to the competent consumer mediator, who shall be designated on the website of the Mediation Commission: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur.
In the event that the buyer is located outside metropolitan France, the buyer may initiate, at his choice, any conventional mediation procedure and call upon the mediator of his choice, initiate any other alternative dispute resolution method, or refer the matter to the competent courts.