Terms and conditions

General Terms & Conditions

Updated on January 20th, 2020

 

Before proceeding to any order on the website https://myfit-solutions.com (hereinafter “the Website”), please read carefully these general terms and conditions (hereinafter “the T&C” or “the Terms & Conditions”) for the purchase, on the Website, of the products commercialized by Myned Corporation (hereinafter “the Company”) consisting of custom-made earpieces / headphones for music listening adapted to each user (hereinafter “the Product” or “the Products”).


The purchase of one or more Product(s) on the Website is not recommended for anyone with auricular or auditive problems.

 
The Website
https://myfit-solutions.com is an online sales service for the Products. The publisher is:

         Myned Corporation, French company registered under the number 837 707 769

         whose head office is located at 5Bis, rue de la solidarité – 69230 Saint Genis Laval – FRANCE

         Website URL: https://myfit-solutions.com

         email address: xd@myfit-solutions.com

         phone number: 0033 (0) 7.67.04.69.69


Any person using the services proposed on the Website and proceeding with the purchase of one or several Product(s) (hereinafter “the Client” or “You”) guarantees having previously read and accepted this T&C before any any order. The validation of any Product order by the Client involves firm, definitive and express acceptance of the T&C.


The Client declares being over the age of majority and having the right and capacity to contract according to French laws.

 

Article 1 – Subject

 The T&C apply to any order and purchase of Product on the Website by the Client. The T&C express the entirety of the respective obligations in between the parties.

The T&C do not apply to sales of Products outside the Website, such as in store or through other channels of sales or distribution.

The T&C are available on the Website and shall prevail, where applicable, on any other version or other document whatsoever. The valid and applicable version for each purchase of Product(s) is the one online at the time of the order and expressly accepted by the Client.

The Company reserves the right to modify its T&C from time to time. The new version will be applicable as soon as it is posted online, for any future order or purchase.

 

Article 2 – Content

These T&C define the rights and obligations of the parties regarding the sale of the Products by the Company on the Website.

The Client is expressly informed that these T&C only concern purchases of Products, made on the Website and delivered exclusively in metropolitan France or in Corsica.

For all deliveries in the DOM-TOM or abroad, please send a message to the following e-mail address: contact@myfit-solutions.com.

 

Article 3 – Precontractual information

Prior to each order, the Client recognizes and guarantees having received all information necessary for the purchase of the Product on the Website and having made the order after verifying the Product meets with its expectations.

 

Article 4 – Order

The Client can order a Product online, from the Website, by fulfilling the form, for any Product, within the limits of available stocks.

The Client will be informed of any unavailability of the ordered Product at the order.

Any order involves acceptance of the prices and description of the Products available for sale on the Website.

To definitely validate the order, the Client will have to expressly accept these T&C by clicking on the box “I have read and I accept the General Terms & Conditions of the Website”. This step is decisive and involves full acceptation of these T&C. The Client cannot check this box without having first read and accepted all the provisions of these T&C.

While ordering the Client must also provide the delivery address, chose the method of delivery of the Product and then validate the means of payment.

The purchase of the Product will be deemed final once the Client receives by email confirmation of the order and after full payment of the ordered Product.

Each order is valid for a period of 12 months from the payment of the order.

After confirming the order, the Client is required to send the information provided for in Article 6 hereof.  

The Company reserves the right to stop the Client’s order and the Product delivery, in case of non-payment of the price, incorrect address or other issues on the Client’s account, until the problem is definitively solved.

For any question relating to the order progress, the Client can send an email to the Company at the following address: contact@myfit-solutions.com.

 

Article 5 – Electronic signature

The online provision of the Client’s credit card number and the final validation of the order shall be proof of the Client’s agreement to purchase the Product on the Website and, consequently, immediate payment by the Client to the Company.

In case of fraudulent use of the credit card, the Client shall, immediately after discovering this issue, contact the Company at the following email address: contact@myfit-solutions.com.

 

Article 6 – Order confirmation

After validation of the order by the Company, which depends on the availability of Product stocks, the Client will receive confirmation by email.

The Client is informed that some Products are custom-made, in accordance with specifications of each Client. Therefore, following the order of a custom-made Product, the Client will receive a notification:

          asking to download a mobile / computer application to scan part of his ears for the purposes of the final manufacture of the Product;

          select the desired accounting mark.

The Client has 12 months from the payment order to send this information to the Company; otherwise the order will be expired.

It is only after sending the scan on the application and the mark on the Website that the delivery time starts.

 

Article 7 – Proof of the transaction

The computerized registries used to order the Product or upon receipt of payment will be deemed as proof of communications, orders and payments between the parties. They may be produced as evidence in the event of any dispute between the parties.

 

Article 8 – Products information

The Products governed by the T&C are those appearing on the Website and which are indicated as sold and shipped by the Company. They are sold within the limits of available stocks.

Products are described and presented as accurately as possible. The photographs of the Products on the Website are not contractual.

 

Article 9 – Price

The Company reserves the right to change the prices of the Products at any time at its sole discretion. Nevertheless, the price indicated at the time of the order will be the effective price to be paid by the Client, subject to the availability of the Products on that date.

Prices are in euros. They do not include the delivery costs, invoiced by the Company in addition and indicated on the order summary before validation of the order. Delivery charges are payable with VAT (Value Added Tax) in addition and at the expense of the Client, including for the exercise of the right of withdrawal pursuant to Article 15 hereof.

Prices include applicable VAT at the day of the order. Any change of the applicable VAT rate will be automatically reflected on the price of the Products before any order.

If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the Products.

 

Article 10 – Payment

The order involves payment from the Client for the Product(s) ordered.

To proceed payment, the Client can choose one of the means of payment available and listed on the Website.

The Client guarantees having the necessary authorizations and financial resources to use the means of payment and proceed to the payment of the Product(s) ordered. The Company reserves the right to suspend any order and any delivery in case of refusal of authorization of payment by credit card from officially accredited entities or in case of non-payment.

The Company reserves the right to refuse to deliver or to honour an order from a Client who has not totally or partially paid a previous order or with whom a payment dispute is on-going.

Total payment of the price is made on the day of the order, according to the following modalities: bank card via the service Monetico Payment of the bank CIC.

 

Article 11 – Product availability – Reimbursement – Resolution

Except force majeure cases or during closing periods of the delivery service of the Company, which will be announced on the Website, shipping times will be those indicated hereafter, within the limits of available Product stocks.

In case of unavailability of one or more of the ordered Products, the Client will be informed at the earliest and will have the opportunity to cancel the order. The Client will then have the choice to request either the refund of the sums paid within 30 days after payment, or to exchange the concerned Product.

Shipping times start at the date of registration of the order indicated on the confirmation email.

For deliveries in Metropolitan France and Corsica, the delivery time is defined on a case by case basis, up to 6 (six) months after payment of the order by the Client.

For deliveries in DOM-TOM or another country, the delivery terms will be specified to the Client on a case by case basis.

In case of non-compliance with the delivery time, the Client shall contact the Company to check the order and delivery conditions. The Company will then have a reasonable additional time to execute.

Failing execution of this new period, the Client may freely cancel the order and obtain reimbursement of the price of the ordered Product. In such case, the order will be considered cancelled upon receipt by the Company of the letter of the Client informing it of the cancellation, unless the Company has processed the order in the meantime.

The reimbursement of the price of the Product must occur within 30 (thirty) days following the date of receipt by the Company of the Client cancellation letter.

 

Article 12 – Shipping and delivery

Delivery means transfer to the Client of physical possession and control of the Product ordered.

The Product is delivered to the address indicated by the Client in the order. The Client must verify, upon delivery, the accuracy of the Product ordered. Any return of the Product to the Company by the delivery service due to an incorrect or incomplete delivery address will be returned at the Client’s expense.

If the Client is absent the day of delivery, the delivery driver will leave a notice in his mailbox, which will allow the Client to remove the package at the Post office at the specified time and place.

If, at the time of delivery, the original packaging is damaged, torn, open, the Client must check the condition of the Product. If it has been damaged, the Client must refuse the package and write down reservations on the delivery note (package refused because open or damaged).

The Client shall express reservations on the delivery note, handwritten and with its signature, describing any issue regarding the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products …).

This verification is considered to have been made when the Client, or any person authorized by the Client to sign on its behalf, signs the delivery note.

The Client must then confirm by registered mail the reservations expressed to the Company and the carrier of the Product at the latest within 2 (two) working days of receipt of the Product.

If the Product need to be returned to the Company, it must be returned within 14 (fourteen) days after delivery, in compliance with Article 15 hereof. Any complaint after this period cannot be accepted. The return of the Product can only be accepted in its original condition (packaging, accessories, instructions …).

 

Article 13 – Delivery mistakes

The Client must express to the Company, on the day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the Products, in terms of nature or quality, with respect to the information on the order form. Any claim made after this time will be rejected.

The complaint can be made, at the Client’s choice:

          by email: contact@myfit-solutions.com.

          by post with acknowledgment of receipt: MYNED CORPORATION – 5 Bis, rue de la solidarité – 69230 Saint Genis Laval – FRANCE.

Any claim expressed after the time limits or not addressed to the aforementioned addresses will not be taken into account and release the Company from any liability vis-à-vis the Client.

Upon receipt of the complaint, the Company will allocate an exchange number to the concerned Product, communicated by e-mail to the Client. The exchange of a Product can only occur after allocation of the exchange number.

In case of error of delivery or exchange, any Product to be exchanged or refunded must be returned to the Company in its original condition and packaging, by post with acknowledgment of receipt, at the following address: MYNED CORPORATION – 22, montée Nicolas of Lange, 69005 Lyon, FRANCE.

 

Article 14 – Guarantees

 

14-1 Legal guarantee of conformity

The Company is responsible for the conformity of the Product with the description on the Website. The Company is responsible for any lack of conformity of the Product if it is proven that the Product is unsuitable for the use expected by the Client as a result of its description on the Website.


In case of implementation of the legal guarantee of conformity by the Client, it is recalled that:

          the Client has 2 years from delivery of the Product to take legal action;

          the Client can choose between the repair or the replacement of the Product, provided that the choice of the Client does not generate a cost manifestly disproportionate for the Company as compared to the other solution, taking into account the value of the Product or the extent of the defect, under conditions provided for by Article L. 217-9 of French Consumer Code;

          if the repair and replacement of the Product are impossible, the Client can return the Product and have the purchase price refunded by the Company or the Client can keep the Product and be refunded part of the purchase price, provided that the lack of conformity is major.

The Company is free to provide proof that the Product sold complies with the description given on the Website and that it is fit for the use normally expected.

 

14-2 Latent defect guarantee

 In accordance with Articles 1641 and following of French Civil Code, the Company guarantees hidden defects that may affect the Product sold. It is the Client’s responsibility to prove that the defects (i) existed at the sale of the Product and (ii) render the Product unfit for the use for which it is intended. This guarantee must be implemented within 2 (two) years from the discovery of the defect.

The Client, if any, can choose between the resolution of the sale or a reduction of the price, in accordance with article 1644 of French Civil Code.

  

14-3 Commercial guarantee

In addition to the legal guarantees mentioned hereabove that apply to the purchase of Products on the Website, the Company offers the Client a free commercial guarantee, for which conditions are set forth in the document accessible online (https://myfit-solutions.com/commercial-guarantee/). This document is also reproduced in the appendix of this document.

 

Article 15 – Withdrawal right

It is specified that, in accordance with the provisions of Article L. 221-18 of the French Consumer Code, the exercise of the right of withdrawal does not concern custom-made products. Consequently, , the Client is informed that he will not be able to return the purchased Products that have been custom-made by the Company.

However, for “standard” Products, i.e. not custom-made, the Client has 14 (fourteen) days, from the date of delivery, to return the ordered standard Product and request an exchange or a refund without penalty, except for the expenses of return which remain at its charge.

The Client who is a professional or acts for professional reasons cannot benefit such withdrawal rights.

For standard Products, prior to their return, the Client must inform the Company of its intention to return the standard Product ordered, by email to the address contact@myfit-solutions.com or by post mail with acknowledgment of receipt at MYNED CORPORATION – 5Bis, rue de la Solidarité – 69230 Saint Genis Laval – FRANCE.

After sending such notification, the Client must, without exceeding the period of 14 days from the delivery of the standard Product, return the concerned standard Product in its original and complete condition (packaging, accessories, notice …). The return must be accompanied by the invoice of purchase (confirmation of order).

Damaged, soiled or incomplete Products will not be taken back by the Company.

In case of exercise of the right of withdrawal within the aforementioned period, the price of the standard Product purchased and the delivery costs (from the Company) are refunded or the standard Product will be exchanged.

The return costs remain the responsibility of the Client.

The exchange (subject to availability) or the refund will be made within a period of 30 (thirty) days from the receipt, by the Company, of the standard Product returned by the Client complying with the conditions provided hereabove.

  

Article 16 – Force majeure

Any event or circumstance beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as Force Majeure case and therefore grounds for exemption from the obligations of the parties and shall lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.

Will be considered as Force Majeure all facts or circumstances irresistible, external to the parties, unpredictable, inevitable, beyond the control of the parties and cannot be prevented by the parties, despite all efforts reasonably possible. Are expressly regarded as cases of Force Majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts: the blocking of means of transport or supplies, earthquakes, fires, storms, attacks, unforeseen events, floods, lightning, the shutdown of telecommunication networks or difficulties specific to external telecommunication networks to customers.

The parties will get together to review the impact of such event and set forth on the conditions under which the contract can continue. If the case of Force Majeure lasts more than 3 (three) months, the T&C may be terminated by one of the parties.

 

Article 17 – Intellectual Property

The content of the Website remains the property of the Company, sole holder of the intellectual property rights relating thereto such as, without this list being exhaustive, the website, the source code, graphics, images, texts, the trademarks, etc.

The Client commits to not make any use of this content; any total or partial reproduction of this content except visualization of the Website for strictly personal use is strictly prohibited and may constitute act of infringement.

 

Article 18 – Personal data

The information of the nominative and personal information relating to the Client is necessary for the proper functioning of the Website.

The information collected by the Company from the Website and in the context of its contractual relationship with the Client includes personal data and is subject to processing, for which the Company is the controller.


The personal data that are collected on the Website are as follows:

          account opening data: when creating its user’s account, last name; first name; email address; phone number; post address;

          connection: when the user logs onto the Website, the user registers his last name, first name, login, usage, location and payment data;

          profile: the use of services provided on the Website can provide a profile, which may include an address and a phone number;

          payment: as part of the payment of the Products and services offered on the Website, the Website records financial data relating to the bank account or credit card of the user;

          communication: when the Website is used to communicate with other members, the data concerning the user’s communications are subject to temporary storage.

The Company confirms its compliance with laws and regulations in force and applicable to all processing of personal data within the European Union and in particular the General Data Protection Regulation (GDPR) of April 27th, 2016 n°2016/679.

 

Personal data use

The processing of the Client personal data aims at providing the Website’s services, improving them and maintaining a secure environment.

The data processing carried out by the Company is intended to ensure the management of the portfolio of Clients using the services of the Website; which is particularly necessary for the registration, identification, management of the Client’s account.

The Company processes the personal data of the Clients also for internal management, promotion and advertising purposes as well as for marketing and commercial purposes.


Specifically, the Company processes personal data for:

          access and use of the Website by the Client;

          management of the operation and optimization of the Website;

          organization of the conditions of use of the payment services;

          verification, identification and authentication of the data transmitted by the Client;

          implementation of Client support;

          customization of services by displaying advertisements based on the Client’s browsing history, according to his preferences;

          prevention and detection of fraud, malware (malicious software or malware) and security incident management;

          management of any disputes with the Clients;

          sending commercial and advertising information, according to the preferences of the Client.

 

Personal data transfer to third parts

 The data is hosted by:

Amazon Web Services LLC

P.O. Box 81226

Seattle, WA 98108-1226

http://aws.amazon.com

Data protection policy:

https://d1.awsstatic.com/legal/privacypolicy/13677831_1_DEMATTERS(AWS_Privacy_Notice_Update-FRENCH).pdf

 

Personal data may be shared with third-party companies in the following cases:

          when the Client uses the payment services, for the implementation of these services, the Website is in contact with third-party banking and financial companies with which it has entered into contracts;

          when the Client publishes, in the free comment areas of the Website, information accessible to the public;

          when the Client expressly authorize the Website of a third party to access his data;

          when the Website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to the Client’s data in connection with the performance of these services and have a contractual obligation to use them in accordance with the provisions of the regulations applicable to the protection of personal data;

          if required by law, the Company may transmit data to respond to claims against the Company and comply with administrative and judicial procedures;

          if the Company is involved in a merger, acquisition, asset transfer or judicial recovery procedure, it may be required to assign or share all or part of its assets, including personal data. In this case, the Clients will be informed before the personal data are transferred to a third party.


Security and confidentiality

The Company has implemented organizational, technical, software and physical measures for digital security to protect personal data against unauthorized alteration, destruction and access.


Client’s rights

In accordance with regulations applicable to personal data, the Client has the following rights, which can be exercised by sending the request to the following address: contact@myfit-solutions.com:

          The right of access: the Client can exercise its right of access, to know what personal data are processed by the Company. In this case, prior to the implementation of this right, the Company can request proof of the Client’s identity in order to verify its accuracy.

          The right to rectification: if the personal data held by the Website are inaccurate, the Client can request their updating.

          The right to erasure / to be forgotten: the Client can request the deletion of its personal data, in accordance with applicable data protection laws.

          The right to restriction: the Client can ask the Company to limit the processing of personal data in accordance with the assumptions provided by the GDPR.

          The right to object: the Client can object to its data being processed in accordance with the conditions provided by the GDPR.

          The right to data portability: the Client can ask the Company to provide it with the personal data subject to processing and to transmit them to another company.


The Company can only refuse the request of the Client to such rights in the presence of legitimate and compelling reasons for the processing, which shall prevail over the interests and rights and freedoms of the Client or for exercising or defending its rights in court.


For the exercise of these rights, the Client shall provide copy of identity document.


The data retention period is equivalent to the entire duration of the contractual relationship between the Client and the Company. Nevertheless, the Company reserves the right to keep the personal data of the Client in case of suspicion or risk of a dispute or on official request from a public, administrative, judicial or state entity.


The Client is informed that any complaint can be addressed to competent supervisory authority the National Commission for Information Technology and Liberties (CNIL –
https://www.cnil.fr/).

Cookies: cookies are used, as part of the use of the Website; the Client has the option to disable cookies from his browser settings.

 

Article 19 – Non-validation

 If one or more stipulations of the T&C are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain their full force and effect.

 

Article 20 – Non-renunciation

 If one of the parties does not remedy to a breach by the other party to any of the obligations referred to in the T&C, this cannot be interpreted for the future as a waiver of the obligation in question.

 

Article 21 – Title

 In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

 

Article 22 – Language

 The T&C are written in French; this is a translated version. The Client is informed that the French text prevails in case of dispute.

 

Article 23 – Mediation

 The Client can resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

 

Article 24 – Law and jurisdiction

 These T&C are subject to the application of the French law or, if the Client is a customer or acts not for professional reasons, the place of residence of the Client. In case of dispute or claim, the Client shall first contact the Company to obtain an amicable solution. 

 Any claim, complaint or dispute are the exclusive competence of Lyon commercial courts, except if the Client is a customer or not professional.

 

 

 


 

MYNED CORPORATION Commercial Guarantee

 

This commercial guarantee, offered by Myned Corporation, French company registered in France under the number 837 707 769 and located at 5Bis, rue de la solidarité – 69230 Saint Genis Laval – FRANCE, allows anyone who has ordered one or more Products on its Website (https://myfit-solutions.com) to benefit from specific rights in addition to rights and legal warranties under applicable law.

 This commercial guarantee is part of the General Terms & Conditions of sale of the Website. Capital terms of this document are defined in the T&C.

 

Article 1 – Commercial Guarantee Content

 The Company guarantees for one (1) year any Product purchased directly from the Website against any failure, defect (in particular manufacturing) and any dysfunction of the Product, except exclusions provided for in Article 2 herebelow.

This warranty applies exclusively to the Client original purchaser on the Website of the Product or to the person who received it as a gift and in its original packaging. It does not apply to subsequent purchasers or beneficiaries of the Products.

In the event of failure, defect or malfunction appearing on a Product purchased on the Website, during the warranty period as defined in Article 3 herebelow, fully proved by elements provided by the Client (photographs or videos in particular), the Company undertakes to replace the concerned Product with an equivalent, new or refurbished Product.

 

Article 2 – Exclusions of the guarantee

 This commercial guarantee does not cover damage to the Product resulting from normal wear and tear of the Product, improper use of the Product or improper maintenance, especially if the deterioration Product originates from tearing or stretching the silicone-clip part of the Product and the earphone.

In addition, this commercial guarantee cannot be implemented in the event of unauthorized use or intervention on the Product by the Client, namely in particular unauthorized dismantling, structural modification and/or personalization of the Product.

                                                  

Article 3 – Term of the commercial guarantee

 This commercial guarantee is valid for all Products purchased on the Website for a period of one (1) year from the original date of purchase of the concerned Product.

 

Article 4 – Terms and conditions

 If the Client wishes to benefit from the commercial guarantee, the Client shall have to contact the Company, by post mail at the address 5Bis, rue de la solidarité – 69230 Saint Genis Laval – FRANCE ; or by email at contact@myfit-solutions.com.

 The Client must identify the concerned Product, provide photographs or videos in support of the request proving the failure of the Product and its location and join to the request copy of an identity document and proof of purchase of the Product concerned. The Client shall provide valid post address and electronic address that he regularly consult to allow the Company to implement the guarantee.


After validation from the Company, in compliance with the present conditions, the Company will indicate to the Client how to return the Product.

The Client must return the Product concerned at his own to the post address of the Company mentioned hereabove.

 

Article 5 – Legal guarantees

 In accordance with the provisions of the T&C and regardless of the present commercial guarantee, the Company is in any case bound to respect the legal guarantee of conformity provided for in Article L. 217-4 to L. 217-12 of the French Consumer Code and the guarantee of latent defects provided for in Articles 1641 to 6148 and 2232 of the French Civil Code.



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