mon bento :: terms and conditions

Welcome to the monbento® website. 

These on-line general terms and condition of sale are entered into by the company monbento SA with registered capital of €70 990 and registered office at Z.I. Les Gravanches, 10, rue Jacques Mailhot, 63000 Clermont Ferrand, registered at the Clermont Ferrand corporate register under number 511 239 444  (hereafter called monbento) and any physical or legal person wishing to make a purchase on monbento’s website (hereafter called "the Buyer").

 

Article 1 - Purpose 

These on-line general terms and conditions of sale define the contractual relations between monbento and the Buyer and the conditions applicable to any purchase made on monbento’s e-commerce website.

 

Please read these terms and conditions carefully before placing any order with monbento. By ordering on the www.monbento.com website, the Buyer accepts these on-line general terms and conditions of sale.

 

These on-line general terms and conditions of sale prevail over any other general or special terms and conditions not expressly agreed to by monbento. monbento reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of order by the Buyer.  

 

Article 2 - Prices

The prices appearing in the on-line catalogue are in euros and include taxes at the VAT rate applicable on the date of order. Any changes to the applicable VAT rate may be applied to the prices of the products. monbento reserves the right to modify its prices at any time, it being understood that only prices appearing in the catalogue on the day of the order will be applicable to the Buyer. The prices indicated do not include shipping or handling even if the products are to be shipped to the geographic areas indicated below. 

 

Article 3 – Order

Buyers wishing to purchase a product on www.monbento.com must:  

-       Complete the identification form, providing all of the requested information, or their customer number, if they have one  

-       Complete the on-line order form, providing all of the reference numbers for the chosen products

-       Check the order, then validate it 

-       Make payment under the required conditions 

-       Confirm the order and payment. Order confirmation implies acceptance of these on-line terms and conditions of sale, acknowledgement of having read them and waiver of any other conditions of sale or other conditions.

 

All of the data provided and confirmation shall be considered proof of the transaction. Confirmation shall be considered signature and acceptance of the transactions performed.

 

Contractual information is provided in French, and will be confirmed by monbento via an email containing this contractual information at the time of delivery at the latest. Buyer validation of the order shall be considered as acceptance of these on-line general terms and conditions of sale without reservation. Data recorded by the payment system shall be considered proof of the financial transactions.

 

Article 4 – Cancellation and refunds

The Buyer may cancel the order at any time for 14 days with no need to indicate a reason and no additional costs other than the difference between the least costly delivery method and the chosen delivery method, as well as direct costs generated by reshipping.

 

The cancellation period expires 14 days after the day on which the Buyer or a third party other than the shipper designated by the Buyer physically takes possession of the merchandise.

 

Prior to the expiry of the cancellation period, the Buyer must inform monbento of his or her decision to withdraw from the contract. To do so, the Buyer may:

-       use the cancellation form appearing here, or

-       make any other explicit statement of his or her decision to cancel the order

 

monbento will refund all payments received from the Buyer, including shipping costs, if applicable, applying the least costly shipping price, without delay and in any case, within 14 days of receipt of the Buyer’s decision to withdraw from the contract.

 

monbento will refund costs using the same means of payment used by the Buyer for the initial transaction, unless otherwise agreed with the Buyer and provided the refund generates no costs for the Buyer.

 

monbento is not required to refund additional costs if the Buyer has expressly chosen a shipping method other than the least costly standard method proposed by the professional.

 

monbento may defer issuing a refund until receipt of the returned merchandise or until the Buyer has provided proof of shipping, with the applicable date being the first of these.

 

The Buyer must return the merchandise in a timely manner, and in any case, no more than 14 days from notification of his or her decision to withdraw from the contract with monbento.

 

The Buyer will bear only direct costs generated by the return of the merchandise.

 

The Buyer will be held liable only for depreciation of the merchandise as a result of handling not strictly necessary to establish the nature, characteristics and good working order of the merchandise.

 

Article 5 – Guarantees

monbento is responsible for any compliance defects of the goods it sells on line under the conditions established by Articles L211-4 et seq. of the French Consumer Code, and for any hidden defects of the merchandise sold under the conditions established by Articles 1641 et seq. of the French Civil Code.

The buyer has a period of two years from product delivery to make any requests under the legal compliance guarantee or the hidden defects guarantee.

 

-       Should the buyer wish to submit a claim under the legal compliance guarantee, he/she may choose to have the merchandise either repaired or replaced, subject to the cost conditions established by Article L211-9 of the French Consumer Code.

-       The buyer is not required to provide proof of any compliance defect for the merchandise for a period of six months from delivery.

-       The compliance defects guarantee is applicable independent of any commercial guarantee.

-       Should the buyer wish to submit a claim under the hidden defects guarantee, he/she may choose to either cancel the sale or receive a discount on the retail price.

 

 

Article 6 – Merchandise characteristics and availability

The products available for purchase on line are those appearing in the catalogue published on the monbento website. These products are available for4 sale while supplies last.

 

Should a product no longer be available following order placement by the Buyer, monbento will inform the Buyer by email or post in a timely manner. The order will be cancelled automatically.

 

Article 7 – Delivery

Deliveries are made to the address indicated on the order form, and may be only within the agreed geographic area. The Buyer alone is responsible for checking the correctness of the address provided to monbento when placing the order. The order will be cancelled if the address provided by the Buyer prevents delivery of the merchandise, provided it is returned to monbento. Payment will be cancelled by monbento and the amount corresponding to the product price will be refunded to the Buyer’s bank account, less shipping charges, for which the Buyer remains liable. The Buyer will be invited by email to place the order once more on www.monbento.com, checking that the delivery address is correct.

 

Any orders not shipped within 30 days of validation may be terminated and the Buyer will receive a full refund. monbento reserves the right to split orders into more than one shipment.

 

Shipping and handling charges are available for consultation on the delivery page.

 

The Buyer must keep the notice of receipt or signed delivery document. If the merchandise is damaged during shipping, the Buyer must inform monbento of all of his or her reservations about the delivered product (e.g.: damaged parcel, parcel already open, etc.) within three calendar days from product receipt, not including public holidays. The Buyer must not accept a damaged parcel (with clear evidence of having been opened and/or damaged). All parcels leaving monbento’s warehouses are always in perfect conditions and must be delivered in this condition. If a damaged parcel is delivered, it will be considered "accepted as is". If no reservations are made within three calendar days, not including public holidays, monbento cannot consider any missing items or issue any compensation. Any visible damage to the packaging must be indicated on the shipper’s delivery document signed by the Buyer. If it is not, no action can be taken against monbento for any damage to the merchandise.

 

Article 8 – Geographic delivery areas

Products purchased on www.monbento.com are delivered only to the countries indicated in the “Country” dropdown menu, i.e. those countries listed on the delivery page.

 

Article 9 - Payment

Purchases may be paid by credit card (Visa or MasterCard). Credit cards are debited at the time the order is finalised by the Buyer. Only the user is responsible for payment by credit card. monbento cannot be held liable for payment problems related to the operation of the e-commerce service.

All prices must be paid at the time of order.  

 

Purchases may also be paid by Paypal. Residents of metropolitan France may pay by cheque.

 

Retention of title clause: all products remain the property of  monbento until full collection of payment by monbento.

 

The Buyer’s account will be debited upon completion of the order placed by the Buyer. An invoice itemising VAT will be issued on the Buyer’s request and will be available on the Buyer’s customer account.

 

Article 10 – Payment Security on monbento.com

The monbento website uses the Banque Populaire payment platform for credit card payments. When the Buyer enters his or her banking information, he or she is granted access to this banking platform providing an excellent security system. The credit card number is transmitted over Internet encrypted and is routed directly to our banking partner’s secure server. monbento receives only a transaction number. Payments made by credit card are processed using a secure system that uses the SSL (Secure Socket Layer) protocol to ensure the transmitted data are encrypted by software and that no third party is able to intercept them during transmission.  

 

The Buyer also has the option of making payments using the PayPal secure payment platform.

 

Article 11 –Fraud Prevention

monbento reserves the right to cancel or refuse any order from a customer with whom the company has an ongoing payment dispute or who has committed fraud for a previous order, without the customer having any right to claim any compensation for any reason. More generally, monbento reserves the right to cancel or refuse any suspicious-looking order. For orders valued at over €100.00 including VAT, or placed from a foreign country or DOM-TOM, monbento reserves the right to require the following information from the Buyer prior to processing the order: a photocopy of proof of residence (e.g.: electricity bill); a photocopy of proof of identity; a photocopy of the method of payment used. These documents may be scanned and sent by email to contact@monbento.com, or sent by post to: monbento, Z.I. Les Gravanches, 10 rue Jacques Mailhot, 63000 Clermont Ferrand, France.

 

Article 12 - Monbento Customer Service

Information on current or past orders is available on the “My account” tab which is available from every page on the website.

monbento’s customer service department is available to customers for information or questions:

- By email: contact@monbento.com

- By telephone: +33 (0)4 73 23 72 72

- By post: monbento, Z.I. Les Gravanches, 10 rue Jacques Mailhot, 63000 Clermont Ferrand, France.

 

 

Article 13 – Intellectual Property

All elements (text, comments, works, illustrations, images etc.) reproduced on monbento.com are and shall remain the exclusive intellectual property of monbento.  

 

As such, and in compliance with the provisions of the Intellectual Property Code, no one is authorised to reproduce, use, transmit or use in any way, even in part, the elements on the website, whether software, visual or audio.

 

Article 14 - Liability

In the online sales process, monbento is bound only by a best efforts obligation; it cannot be held liable for any damage caused by the use of Internet such as lost data, intrusion, viruses, service disruptions or any other involuntary problems.

The Buyer acknowledges and guarantees that he or she is familiar with the characteristics and constraints of Internet, and in particular, that the transmission of data on Internet is only relatively technically reliable, because data travels over numerous networks having different technical characteristics and capacities, which disrupt or interrupt access at certain times. Furthermore, photos are provided for information purposes only.

 

Article 15 – Applicable law

These on-line general terms and conditions of sale are subject to French law. The original language of these general terms and conditions of sale is French. In the event of a dispute, the Paris courts shall have jurisdiction, notwithstanding multiple defendants or the introduction of third parties.

 

Article 16 – Personal data

monbento undertakes to hold confidential any data provided by the Buyer and undertakes to never disclose to third parties any data provided by the Buyer. These data are confidential and will be used solely for transaction purposes. Consequently, in compliance with the Act on Information Technology, Data Files and Civil Liberties of 6 January 1978, the Buyer has the right to access, correct and oppose any personal data concerning him or her. He or she is simply required to send a message to contact@ monbento.com to exercise his or her right of access, correction and opposition. The Buyer may oppose the disclosure of his or her address by informing monbento of this wish.

 

In compliance with the Act on Information Technology, Data Files and Civil Liberties of 6 January 1978, the Buyer’s personal information may be process automatically.  monbento reserves the right to collect information on the Buyer including through the use of cookies, and if it so desires, to send this information to its partners. These data are confidential and will only be used for transaction purposes.