General Terms of Sale

 

Preamble/ Seller's Identity/ Access to professional and commercial rules (if applicable)

The preamble recalls the purpose of the terms and conditions of sale. It also reminds you that certain products for sale on the site are subject to special conditions of sale. The preamble also provides information on the professional and commercial rules to which the seller intends to submit if necessary.

These conditions include:

      • The means of reproduction and archiving of these conditions
      • Legal mentions of the medyna website
      • Terms and conditions of use of the medyna site
  • The essential features of the proposed property
  • The various steps to follow for the conclusion of the online contract
  • The technical means of identifying and correcting errors made when entering data
  • The languages on offer
  • The terms of archiving and access to the contract
  • The way to consult the professional and commercial rules to which the seller intends to submit
  • Legal and contractual guarantees
  • Time, cost and delivery terms
  • Delivery tracking and the costs of remote communication techniques
  • The price
  • Payment terms and security arrangements
  • Details on how to exercise the right of withdrawal,
  • The duration of the contract and the validity of the price.

 

Last updated on 03/04/2021

 

Medyna is a service offered by  Jazeimport

Email: contact@medyna.ca

 

To see the legal mentions of the Medyna,  click here

To see the terms and conditions of use of the Medyna  click here 

 

It is previously specified that these conditions govern exclusively sales, by the website Medyna

These conditions are for a consumer who has full legal capacity. These conditions apply to all orders you place on this site.

Medyna is not the manufacturer of the goods for sale. The characteristics presented (photos, descriptions, etc.) are derived from the information given by the supplier. Nevertheless, Medyna is respectful of current quality and manufacturing standards.

If the product and/or features do not match the product received by the customer. We invite you to click here to see the refund policy of the Medyna website

These terms and conditions are presented in French.

Section 1 - The various steps to take to conclude the online contract

  • order

On the Internet: https://medyna.ca

You make your selection by browsing the pages of our site. Your selections are added to your shopping cart when you click "Add to the Basket." At any time of your browsing on our site, you can validate your order by clicking "Payment."

  • Contract validation

When you click "Payment," a confirmation message appears. It summarizes all the selected products and options. On this page, you can either update your shopping cart by changing quantities and/or deleting one/article, or continue by checking the box: "I accept CGVs" and "Secure Payment."

You should check in this order form all the information transmitted, including all the elements useful for delivery (delivery address, digicode, phones...) The prior collection of the user's identification elements (first name, name, email address, bank details, etc.) facilitates the conclusion of the contract. Customers can save their contact information by checking the "Save my contact information for the next time" box. (Click here to see our privacy policy)

If you don't have to change the form and want to continue your order, you should click "Continue to the sending method."

To continue your order, you finally need to click "Continue to the payment method" and then "Place my order."

After payment on our secure server (see 'payment'), an acknowledgement appears. It confirms the registration of your order and informs you that a confirmation email will be sent to you as soon as possible.

In the event of a risk to product availability, we reserve the right to refuse an order for the same product from a certain quantity (above 100).

  • The technical means of identifying and correcting errors

You have the ability at all times to identify and correct your mistakes made when entering your data. When you notice an error after the contract is concluded, you should contact us (click here to access the 'contact us' section) click here 

 

Section 2 - The terms of archiving and access to the contract

We will archive contracts, orders and invoices on reliable and sustainable support.

You have the right to communicate to these documents for orders of more than or equal to 120 USD.

 

Section 3 - Legal and contractual guarantees

  • Legal guarantees

In accordance with the applicable legal provisions relating to the compliance of the property with the contract, in relation to hidden defects (available in Appendix 1 of these conditions), we will refund, repair or exchange any product that appears to be defective, damaged or damaged or does not correspond to your order.

We will also refund the full return fee on the basis of the proof. (Photo, video, etc.)

If so, please read our Refund Policy.

  • responsibility

We do everything we can to satisfy you. We are responsible for the proper performance of these terms and conditions, however our liability cannot be incurred because of a fortuitous case, a case of force majeure, the unpredictable and insurmountable fact of a third party to the contract or the non-compliance of the product with foreign legislation in the event of delivery to a country other than France.

 

Section 4 - Delivery times, costs and terms

  • Delivery terms

We will deliver the products to you at the address listed in the order form.

  • Delivery time

We will deliver you no later than the date indicated in the confirmation message of your order. (17 to 21 working days)

If there is a delay in delivery, we will notify you by email as soon as possible and we will offer you a new date.

If the product ordered is unavailable, we will let you know as soon as possible. We will offer you a product of the same quality or price.

  • Delivery costs

Delivery costs vary depending on the product.

  • Tracking delivery

You can contact us by email for any questions about your delivery (click here to go to the "contact us" section) 

 

Nevertheless, we remind you that we offer the service: "Order Notification" which gives you real-time notifications regarding the status and progress of your order (on average, 1 notifications every 2 days)

 

Section 5 - The Price

The prices of our products are shown in USD taxe in.

You should also check the possibilities of importing or using the products you order from us in the destination country.

 

Section 6 - Payment terms and security

We only collect your payment at the time of shipping. You can therefore freely cancel your order until it is delivered to our carrier for shipping. As soon as you hand over your order for shipping, an e-mail message informs you that we will cash you in.

However, it can sometimes happen that the payment is collected when the contract is concluded.

  • Payment methods

You have several payment methods to pay for your purchases on Medyna

- Either by bank cards: Visa, MasterCard, American Express, other blue cards:

Payment is made on the secure bank servers of our STRIPE partners. This means that no banking information about you passes through our website.

Payment by credit card is therefore perfectly secure; your order will be registered and validated as soon as the payment is accepted by the bank you have chosen.

 

  • security

Payments via our website are subject to a security system. We have adopted the Secure Soket Layer (SSL) protocol to encrypt credit card details. To protect you from possible intrusion, we do not store credit card numbers on our computer servers.

 

Section 7 - Satisfied or Refunded: Terms of Exercise of the Right of Retraction

In accordance with the legal provisions, within 14 days of receiving your product, you can exercise your right of withdrawal. You don't have to justify reasons or pay a penalty. With the exception of the return fee, which remains your responsibility, we will refund all the sums paid no later than 30 days after your withdrawal. On our proposal, you can also opt for another repayment method.

In accordance with the legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the specific specifications of the consumer or on audio, video or computer software recordings unsealed by the customer.

 

Section 8 - The duration of the contract and the validity of the price.

The products remain the full property of Medyna  until the price is fully collected by PayPal or Stripe.

Our price offers are only valid within the double validity of the offer concerned and the stocks available.

Our offers of goods and prices are valid if they appear online on the website on the day of the order

 

Section 9 - Applicable Legislation/ Competent Jurisdiction

These conditions are subject to French law.

In the event of a dispute on the merits or form, the French courts will have sole jurisdiction.

 

Section 10 - Contact us/after-sales service

If you would like to contact us, our customer service is available at: contact@medyna.ca

 

Section 11 - Personal Information

We collect your personal information for the management of your orders and the monitoring of our business relationships.

In accordance with the Computer and Freedoms Act of January 6, 1978, you have the right to access, delete, correct and object to personal data about you. Just write to us online at Customer Service, telling us your name, first name, email address, address and if possible your customer reference. (See "Privacy Policy")

  

Section 12 - Supplier and Owner Agreement

a.The supplier and owner of the online shop are each referred to as "party" or both by the term "parties";

  1. The supplier manufactures and supplies various products;

c.The owner of the online store operates one or more websites that facilitate the search, purchase and payment of various products from various suppliers;

d.The parties wish to establish a direct delivery cooperation, which is a retail delivery method, in which the owner of the online store does not keep the goods in stock but directly transfers the orders of the final customer and the details of the shipment to the supplier, who then ships the goods directly to the end customer;

The owner of the online store will act as an intermediary as part of his aforementioned activity, facilitating the purchase and payment of the supplier's products by the end customers. The supplier will ship these products directly to the buyer. The owner of the online store will therefore not receive the products and will therefore not import them, as the owner of the online store only informs the supplier of the purchase orders that have been made;

f.In addition, the owner of the online store acts as the representative of the end customers and will therefore be the main contact person of the end customers: The owner of the online store will make the payment on behalf of the end customer and will take care of the returns of products purchased on behalf of the end customers.

 

 

 

Appendix 1: Provisions of the Consumer Code regarding the legal guarantee of compliance

Article L211-4

The seller is required to deliver a contract-compliant property and responds to any compliance deficiencies that exist at the time of issuance.

It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.

Article L211-5

To comply with the contract, the property must:

(1) Be fit for the usually expected use of a similar property and, if necessary:

- match the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, especially in advertising or labelling;

(2) Or present the characteristics defined by the parties or be specific to any special use sought by the buyer, brought to the seller's knowledge and which the seller has accepted.

Article L211-6

The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.

Article L211-7

The defects of compliance that appear within six months of the issuance of the property are presumed to exist at the time of issuance, unless there is evidence to the contrary.

The seller can fight this presumption if it is not consistent with the nature of the property or the non-compliance invoked.

Article L211-8

The buyer has the right to demand compliance with the property. However, he cannot challenge compliance on the basis of a defect he knew or could not ignore when he contracted. The same is true when the defect has its origin in the materials it has supplied itself.

Article L211-9

In the event of a non-compliance, the buyer chooses between repairing and replacing the property.

However, the seller may not proceed according to the buyer's choice if the choice results in a clearly disproportionate cost under the other modality, given the value of the property or the size of the defect. It is then obliged to proceed, unless impossible, according to the method not chosen by the buyer.

Article L211-10

If repair and replacement of the property is not possible, the buyer can return the property and have the price returned or keep the property and have part of the price returned.

The same faculty is open to him:

(1) If the solution requested, proposed or agreed under Article L. 211-9 cannot be implemented within one month of the buyer's claim;

(2) Or if this solution cannot be without major inconvenience to the latter given the nature of the property and the use it seeks.

However, the resolution of the sale cannot be pronounced if the non-compliance is minor.

Article L211-11

The provisions of Sections L. 211-9 and L. 211-10 are applied at no cost to the purchaser.

These same provisions do not impede the allocation of damages.

Article L211-12

The action resulting from the non-compliance is prescribed by two years from the issuance of the property.

Article L211-13

The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from the defects as a result of articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law.

Article L211-14

The recursive action may be carried out by the final seller against successive sellers or intermediaries and the producer of the tangible property, according to the principles of the civil code.

 

Appendix 2: Civil Code Provisions for Guarantee Against Hidden Defects

Article 1641

The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unsuitable for the purpose for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.

Article 1642

The seller is not bound by apparent defects and which the buyer was able to convince himself.

Article 1642-1

The seller of a building to be built cannot be unloaded, either before the work is received, or before the expiry of a one-month period after the purchaser takes possession of construction defects or apparent defects of compliance.

There will be no need to resolve the contract or reduce the price if the seller is obliged to repair.

Article 1643

He is bound by hidden defects, even if he would not have known them, unless, in this case, he stipulated that he would not be obliged to any guarantee.

Article 1644

In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned, as it will be refereed by experts.

Article 1645

If the seller knew the defects of the matter, he is bound, in addition to the return of the price he received, of all damages to the buyer.

Article 1646

If the seller did not know the defects of the matter, he will only be required to return the price, and to reimburse the purchaser the costs incurred by the sale.

Article 1646-1

The seller of a building to be built is bound, from the receipt of the work, obligations which the architects, contractors and others connected to the owner by a contract of lease are themselves held under articles 1792, 1792-1, 1792-2 and 1792-3 of this code.

These guarantees benefit the successive owners of the building.

There will be no need to resolve the sale or reduce the price if the seller is required to repair the damage defined in sections 1792, 1792-1 and 1792-2 of this code and to assume the warranty under section 1792-3.

Article 1647

If the thing that had defects perished as a result of its poor quality, the loss is for the seller, who will be required to pay the buyer for the return of the price and other compensation explained in the two previous articles.

But the accidental loss will be on behalf of the buyer.

Article 1648

The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect.

In the case of Article 1642-1, the action must be brought, barely foreclosure, within one year of the date on which the seller may be relieved of apparent defects or non-compliance.

Article 1649It does not take place in sales made by the authority of justice.

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