YUMANTIS, a simplified joint-stock company with a capital of 100 Euros, registered in the the Registre du Commerce et des Sociétés de Rouen (Rouen Register of Commerce and Companies) under the number 835 324 997, whose head office is located at 181 boulevard de l'Yser 76000 ROUEN, FRANCE (henceforth designated "YUMANTIS").
YUMANTIS sets up on (henceforth referred to as the "Site") a virtual market or a marketplace allowing Buyers (henceforth referred to as the "Buyers") to contact Professional Sellers (henceforth referred to as the "Sellers") and to purchase Products / Services (hereinafter referred to as the "Products") from them.
These General Terms and Conditions of Sale (hereinafter the "GTCS") apply in addition to, concerning Buyers, the Buyers T&Cs and, in the case of the Sellers, the Sellers’ T&Cs, in which the terms are defined in capital letters used in these GTCS.
The GTCS apply to all sales of Products on YUMANTIS between the Seller and the Buyer. They are intended to govern the relations between the Sellers and the Product Buyers. The relations between the Buyers and YUMANTIS are governed by the Buyers’ T&Cs. The relations between the Sellers and YUMANTIS are governed by the Sellers’ T&Cs.
YUMANTIS is not the Seller of the Products purchased through the Site; only the Seller, whose name or reference is indicated on the descriptive sheet of each Product, is the Buyer's contractual partner for the purchase of said Products. The Products will be billed by the Sellers concerned and not by YUMANTIS.
1. CONCLUSION OF THE SALES CONTRACT
a. The Products are presented on the Site with a description enabling the Buyer to know their essential characteristics and their price. The description and the detailed technical characteristics as well as the attached documents (technical data sheet, instructions for use, CE marking, etc.) are intended to enable the Buyer to validate the adequacy between a Product and their Requirement. For any request for clarification on a Product, the Buyer is invited to contact the Seller directly through the Contact Seller button. YUMANTIS cannot, in any way, guarantee that the Seller's Product (s) will satisfy the Buyer.
b. The Buyer selects the Products they wish to buy.
c. They confirm their choice of Product (s) and read and accept the present GTCs of the Site by clicking to validate.
d. The Buyer receives a confirmation email taking into account their order. However, the contract of sale concluded between the Buyer and the Seller is subject to the resolute condition that the Product is available.
e. The Seller is informed by YUMANTIS that one or more of the Products that they have placed on YUMANTIS have been the subject of an order by a Buyer (henceforth the "Order Confirmation").
f. In case of unavailability of the Product, the Seller agrees to inform the Buyer within two (2) business days of the Order Confirmation referred to in point e) above. In this situation, the contract concluded between the Buyer and the Seller is automatically resolved and both Parties are released from their obligations. If the purchase is made with a prepayment, the Buyer will not be charged. In the event that the Buyer has ordered more than one Product, only the part of the contract relating to the sale of the unavailable Product is covered by this resolution.
g. If the Product is available, the Seller undertakes to respect, as much as possible, the delivery time mentioned on the Product sheet to ship the Product.
2. PRICE, PAYMENT AND SHIPPING COSTS
The prices of Products on YUMANTIS are freely determined by each Seller, in compliance with the applicable laws and regulations. The price of the Products is stipulated in Euros and excluding taxes. The amount of delivery costs (which includes the costs of delivery, packaging, shipping, delivery to the carrier) is generally 150 € before taxes. For any particular situation, additional delivery charges may apply. In any case, the details of the delivery charges and taxes (VAT ...) applicable to the sale of the Product is indicated on the Site when viewing the basket.
Payment for orders are made either in advance by credit card, for Cabinet Medical type of Sellers, or in the long term by transfer for the Health Institution type Buyer (Private Hospitals, Public Hospitals, Clinics). YUMANTIS reserves the right to request advance payment from certain institutions.
The funds are deposited in an electronic money account. In accordance with the legislation, this dedicated account is not opened in the name of YUMANTIS but with a payment service provider: MANGOPAY.
Notwithstanding the cash payment and in accordance with the Loi de Modernisation de l’Economie (Modernization of the Economy law) n° 2008-776 of August 4, 2008, any late payment will automatically entail the application of a penalty equal to the interest rate practiced by the ECB. its most recent refinancing operation plus 10 percentage points, due from the first day of delay. In addition, in accordance with Decree No. 2012-1115 of October 2, 2012, any delay in payment by the Buyer automatically entails the application of a lump sum compensation of forty (40) Euros, without prejudice to the penalties in the following paragraph.
If within fifteen days after the implementation of the late payment clause, the Buyer has not paid the amounts remaining due, the sale will be automatically settled and the Seller and / or YUMANTIS may be entitled to claim damages.
In case of late payment of a single invoice, all invoices not yet due become due immediately.
3. METHODS OF SHIPMENT
Products are shipped to addresses in mainland France, including Corsica. For any other address, it is necessary to obtain a prior agreement from YUMANTIS.
Whoever the shipper (logistics provider of YUMANTIS or Seller directly), the shipper undertakes to send to the Buyer the ordered Products (s) as soon as possible. They make every effort to respect the deadline appearing on the product sheet. This period starts from the date of the Order Confirmation. The indicated time is subject to the hazards of the carrier (s).
The Products are delivered to the address given by the Buyer while placing the order. It is therefore the sole responsibility of the Buyer to ensure that the contact information he / she provides to YUMANTIS for this purpose is and remains correct and that it will enable him / her to receive the Products they buy on the Site. Once the Product has been shipped, the Seller will inform the Buyer by giving them, if possible, the tracking number of the delivery. The Products’ journey is at the Seller's expense and risk.
4. RIGHT OF CLAIM
For any purchase made on YUMANTIS, the Buyer has a period of fourteen (14) days from receipt of the Product (s) ordered to exercise a claim by contacting the Seller.
All Products may be subject to a claim.
All Buyers have the possibility to indicate, in their account, a claim concerning the ordered Products according to the following criteria:
• Does not correspond to the product ordered;
• broken, defective product;
• Not the right size.
If the Seller accepts the return of the Product (s), the Buyer will receive an email indicating the procedure to be followed for the return of the Product (s). Shipping charges may be applied to the Buyer.
In case of return of the Product by the Buyer, the Product must be sent in the state in which it was received, in its original packaging, with all the elements accompanying it (instructions, accessories, packaging, etc.).
Products subject to the right of claim travel at the Buyer’s own risk.
The refund of the returned Products is made by YUMANTIS by re-crediting the bank card or the account of the Buyer used for the order, as soon as possible and at the latest in the thirty (30) days following the date on which the claim has been made.
5. LITIGATIONS – DISPUTES
5.1 Damage claim with the carrier
In case of transport damage or missing goods (especially when the parcel is obviously damaged), the Buyer will be required to make any specific and reasoned claims upon receipt on the transport bill in the presence of the carrier or in the three (3) days following delivery by registered letter with acknowledgment of receipt addressed to the carrier, in accordance with Articles L133-3 et seq. of the French Commercial Code. The Buyer must also send a copy of these claims to the Seller via "My Account", in the category "My Purchases", subcategory "", criterion package arrived in bad condition, damaged. Failing to claim within the time limit, the goods will be deemed received in good condition.
5.2 Damaged or non-conforming product
Disputes are settled directly between the Buyer and the Seller, using the messaging tool made available to them on their Personal Space. The Buyer and the Seller will make their best efforts to reach the amicable resolution of the dispute. If the claim of the Buyer is justified, the dispute declared by the latter will lead to the return of the ordered Product or its refund.
6.1 Contractual warranty
Products sold on YUMANTIS can benefit from a warranty paid by the Sellers. The duration of these warranties varies according to the product under consideration. The latter is mentioned case by case by the Sellers.
7. PARTICULARITY OF MEDICAL DEVICES
In accordance with Article L.5212-2 of the Code de la Santé Publique (Public Health Code), both Buyers and Sellers are required to report all Materiovigilance incidents to the Agence Nationale de Sécurité du Médicaments et des Produits de Santé (National Agency for the Safety of Drugs and Health Products).
Article R.5212-2 of the Code de la Santé Publique (Public Health Code) relating to materiovigilance incidents concerning any medical device, indicates that traceability information may be requested by the Director General of the Agence Nationale de Sécurité du Médicaments et des Produits de Santé (National Agency for the Safety of Medicines and Health Products) as part of materiovigilance.
YUMANTIS will provide, on request, the traceability information available. YUMANTIS reserves the right to obtain from the Buyer and / or the Seller their traceability data.
8. PERSONAL DATA
This article supplements the stipulations relating to the personal data appearing in the Buyers’ T&Cs and Sellers’ T&Cs. The Buyer and the Seller are informed that all the data collected within the framework of YUMANTIS during the placement of orders is processed by YUMANTIS for the purpose of processing said orders. The information and data of the Buyers relating to the delivery are transmitted by YUMANTIS to the Sellers, the logistics specialist and / or the carrier (s) for the sole purpose of allowing them to ship the Products ordered and to draw up the invoice. In case of difficulty concerning the processing of these data, the Buyer and the Seller may apply directly to YUMANTIS, under the conditions set, as the case may be, in the Buyers’ T&Cs or in the Sellers’ T&Cs. The Sellers undertake to ensure the security of the personal data that they keep for the needs of the execution and the follow-up of the orders.
9. PARTIAL NULLITY
If one or more stipulations of the present GTCS are considered as invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain all their force and all their scope.
10. APPLICABLE LAW
These general conditions are subject to French law.
Any dispute relating to their interpretation and / or execution falls within the jurisdiction of the French courts.
The competent court is that of the headquarters of YUMANTIS (Rouen, Normandy, France).