General terms and conditions of sale

 

Preamble

The online shop of mandalashop-online.com website has been set up by UNIWORLD LLC, which is the operator of this site.

Any order for a product referenced on the online shop of the website mandalashop-online.com requires consultation and prior acceptance of these General Terms and Conditions.

As a result, the customer is fully aware that his agreement on the content of these General Terms and Conditions and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order on line the products presented in the shop of this website.

 

Article 1: Entirety

The present General Terms and Conditions represent all the obligations of the parties. In this way, the customer is deemed to accept without reserve the entirety of the provisions contained in these General Terms and Conditions.

The present General Terms and Conditions apply with the exception of all other conditions and in particular those applicable on the website.


Article 2: Object

The present General Terms and Conditions are intended to define the rights and obligations of the parties within the framework of the online sale of goods proposed by UNIWORLD LLC to the customer.


Article 3: The order

The order is composed of the following contractual documents, presented in increasing order of precedence:

1)     The order / the invoice.

2)     The order confirmation

3)     The present General Terms and;

4)     Specific sales conditions

In case of conflict between the various documents, the above order of precedence shall prevail.

 

Article 4: Entry into force - duration

The present General Terms and Conditions shall come into force on the date of acceptance of the order.

The present General Terms and Conditions are concluded for the duration necessary to the supply of goods and subscribed services, until the termination of the guarantees and obligations owed by UNIWORLD LLC.

UNIWORLD LLC reserves the right to modify or amend the present General Terms and Conditions of sale. In this case, only the General Terms and Conditions of sale in force at the time of the order shall apply.


Article 5: Registration and validation of the order

Once the cart is validated by “a click” from the customer as the confirmation of the order, after the steps of identification, delivery, payment, he will have to accept the General Terms and Conditions of Sale of Mandala Shop online by a box to tick, which will formalize the registration and the validation of the order.

 

Article 6: Order confirmation

Contractual information will be confirmed by e-mail in a timely manner and no later than the date of delivery/ready for delivery, to the address specified by the customer in the order form.

UNIWORLD LLC invites the customer to print and/or archive on a reliable and durable support this order confirmation, as evidence if needed.


Article 7: Transaction proof

The IT records, stored in the computer systems of UNIWORLD LLC under reasonable conditions of security, will be considered as evidence of communications, orders and payments between the parties.

Invoice archiving by UNIWORLD LLC is carried out on a reliable and durable medium and it can be produced as evidence during the time of the commercial guarantees of purchase.


Article 8: Product Information

8-a: UNIWORLD LLC presents products to be sold on its website with the required characteristics in accordance with the provisions of Article L 111-1 of the Consumer Code, allowing the potential customer to know the essential characteristics of the products he wishes to buy before ordering.

8-b: The offers presented by UNIWORLD LLC are valid only within the limits of available stocks.

 

Article 9: Price

All prices are expressed in Euro.

They do not include delivery fees, invoiced in addition, and indicated before the order validation.

Prices include the VAT applicable on the day of the order. Any change in the applicable VAT rate will be automatically reflected on the price of the online shop.

Payment of the full price must be made when ordering. At no time, payments can be considered as down payments or deposits.

Products remain the property of UNIWORLD LLC until UNIWORLD LLC receives full payment. 

UNIWORLD LLC reserves the right to modify its prices at any time but undertakes to apply the tariffs in force at the time of the order, subject to product availability of the products on that date. 

The price of each product is inclusive of taxes and is indicated in the product description. Selling prices are quoted in net price. The price indicated in the order confirmation is the price final, including all taxes and VAT for France and the countries of the EEC. 

 

Article 10: Payment

To set the order, the customer can choose between different payment modes presented at the time of the order confirmation (delivery page and payment).

The customer guarantees UNIWORLD LLC that he has the required permission to use the selected payment mode when ordering.

UNIWORLD LLC reserves the right to suspend any order and any delivery in case of refusal of payment authorization by credit card by officially accredited organizations or in the event of non-payment.

When clicking on the checkbox associated with the General Terms and Conditions, you formalize your agreement to contract and your irrevocable and unconditional acceptance of the General Terms and Conditions of the product.

 

Article 11: Security of transactions

UNIWORLD implements all means to ensure the confidentiality and the data security transmitted on the website www.Mandalashop-online.com via the secure interface of the online payment system of our bank partner. 

After selecting the type of credit card, you will be connected to our secure payment server. Then, you can simply indicate your card number, its expiration date and its visual cryptogram (with the exception of Bancontact).

The payment is entirely secured thanks to the system of online payment of our bank partner CIC. Your bank data circulate on Internet only in an encrypted form, i.e. they are coded so as to make them completely unreadable. Moreover, they are only processed by the bank and are never in possession of UNIWORLD LLC. Indeed, when you enter your credit card number to shop on the website mandalashop-online.com you actually transfer such data to the CIC.

Technical details: The security system is based on an SSL encryption (Secure Socket Layer). Encryption is fully supported by SIPS (Secure Internet Payment Service of Atos). This payment solution is the most used in France for only payment.

Article 12: Fight against the bank fraud

Non-transmission of data related to your order prevents the execution and analysis of your transaction. 

The occurrence of unpaid invoices due to fraudulent use of a credit card will imply the registration of the data related to your order, and in connection to this outstanding payment, within a payment incident file. 

UNIWORLD LLC can also decide to cancel any order that would present one or more risk factors of fraudulent credit card usage. 

UNIWORLD LLC reserves the right to check the personal data communicated by the customer and to take all measures deemed necessary to verify that the person whose bank account is debited is the one who placed the order, so as to avoid any fraudulent payment. 

To perform such verification, UNIWORLD LLC may request the following documents: identity and/or residence and/or bank documents (bank account number or cancelled check). 

In case of absence of response from the customer to a request of this type within two days after UNIWORLD LLC request, your order will be automatically cancelled, without any possibility of subsequent claim.

 

Article 13: Product availability

For products in stock or on reservation (in stock dated): the order will be carried out at the latest within 3 working days from the date of order. However the customer will be informed of the date of delivery before any order validation.

In case of unavailability of the ordered product, especially due to our suppliers, the customer will be informed at the earliest. In such a case, the customer will have the option of requesting either:

1)     Order cancellation and refunding of the paid amounts within 30 days at the latest after the date of payment. The cancellation request has to be done by e-mail at contact@mandalashop-online.com, or;

2)     To accept the new delivery lead-time communicated by UNIWORLD LLC. 

For products on order: UNIWORLD LLC places the order to the supplier the working day following that on which the customer placed the order. The order shall be compliant with the maximum lead-time communicated on the product description and/or communicated by Mandala Shop online.


Article 14: Delivery Terms and Order Delivery

Delivery lead-times depend on the delivery area and are available in the “delivery” tab.

Leadtime in France is 2 working days starting from the date of shipment of the product, unless otherwise indicated to the customer before the order is placed and prior to the final validation of this one. 

In this case, UNIWORLD LLC will indicate to the customer an estimated delivery date period. The customer has the option to cancel the order if delivery thereof has not occurred within seven working days after the delivery date indicated by UNIWORLD LLC, except if the delay is due to a case of Force Majeure as defined in the jurisprudence of the French Courts. 

Within 10 working days following the request for cancellation by the customer, UNIWORLD LLC will ask its bank to refund the customer. 

Each delivery is deemed done as of the availability of the product to the customer, in particular through the carrier, this is achieved using the transport company delivery tracking system, such as the delivery tracking system offered on the website of the French Post Office related to “Colissimo within tracking system”. 

Shipping is performed today using Colissimo tracking system for France, Corsica and Monaco and Colissimo against the recipient’s signature for all other destinations.

As soon as we proceed to carry out shipment, you will immediately receive an e-mail summarizing the products that have been shipped and be given the tracking number that will allow you to follow the shipment on the www.colissimo.fr website.

The products will be sent to the delivery address indicated by the customer during the ordering process. The customer must choose the place of delivery: home, office, at a third party, vacation spot… 

If you are absent on the day of delivery, your postman will leave a delivery notice in your letter-box and you will have the possibility of recovering the ordered products at your local post office close to the delivery address during the opening hours, within10 days.

Without receipt of the product by the customer at the end of this period, due to absence or non-withdrawal, UNIWORLD LLC reserves the right to recover the goods. After contact with the customer, either by telephone, or by e-mail, the order will be, as agreed between the parties:

1)     Cancelled and UNIWORLD LLC shall reimburse the product by crediting the customer’s bank account or by check within 30 days from the date of receipt of the product in return, net of transport costs being borne by the customer, or;

2)     Shipped back to the delivery address with new shipping costs to be borne by the customer. If the customer does not respond within 10 days from the sending of the e-mail, the order will be automatically cancelled and the package sent back to UNIWORLD LLC, the transport costs being borne by the customer.

For deliveries outside the French territory, the provisions of the French General Tax Code with respect to VAT shall apply. 

The sender reserves the right to use any other means of delivery within the deadlines and fees provided. 

Delivery lead-time can vary in case of routing difficulties, stock shortage or holiday periods, which will then be reported to the customer by e-mail. Working days do not include weekends and bank holidays. 

The information given by the customer, at the time of the order, are binding: in case of error in the name or address of the recipient, MandalaShop online shall not be liable for not delivering the product. 


Article 15: Delivery problems due to the transport compan

CAUTION: The customer is responsible for checking the condition of the packaging and the products upon delivery.

CAUTION: If your package is damaged on delivery, refuse it. Do not sign the delivery note without making specific reserves.

In no event UNIWORLD LLC shall be liable for a defective or lost package, delayed delivery of the package for strikes, natural disasters, fires or others. This list not being exhaustive, the goods always travel at the risk of the recipient. Always check your package upon arrival. 

We decline all responsibility for the longer delivery lead-times due to the carrier, and also in the event of loss of products or strike. 

 

15-a: Abnormal delivery:

Any anomaly concerning the delivery (damage, missing product, damaged package, broken product, etc.) must be imperatively indicated on the delivery note with “handwritten reserves”, and the signature of the customer. In parallel, the customer will have to confirm this anomaly by sending the carrier, within 48 hours from the date of delivery, a letter with acknowledgment of receipt stating the aforementioned claims. 

The customer must send a copy of this letter by fax or simple mail to: UNIWORLD LLC, Customer service, 52 avenue de la 1ère D.F.L., bât C – 83130 La Garde – France.

 

15-b: Delay of delivery:

As in any shipment, there may be a delay in delivery or the product can get lost. The possible delays do not entitle the customer to claim damages.

If the customer has no news of his order within 8 working days after the shipment of the package, he must contact his post office. If neither the post office nor the package tracking (www.colissimo.fr) show trace of the package, the customer must then contact Mandala Shop online by e-mail. 

The customer service of MandalaShop online will then open an investigation near the postal services. The customer will then receive an e-mail indicating that an investigation is open. The times of definitive answer of the Post office are generally 21 working days. 

If the package is found, it will be immediately forwarded to your home (most cases): acceptance procedure then follows its normal course (delivery of the package or delivery note…).

If on the other hand the product is not found at the end of the 21-day investigation, the post office considers the package as lost. 

It is only at this time that we can send you a substitute product, at our expenses. If the ordered products were not available any more at this time, we would refund you the amount of the products affected by the loss of the carrier. 

 

Article 16: Delivery errors

16-a: UNIWORLD LLC recommends the customer to inform it of any claim of error of delivery and/or non-conformity of the products in kind or in quality compared with the data mentioned on the purchase order, the day of delivery or no later than the first working day following delivery.

16-b: The submission of this claim to UNIWORLD LLC can be made by e-mail at contact@mandalashop-online.com.

16-c: At receipt of the claim, UNIWORLD LLC will assign a number of exchange of the concerned product(s) and will communicate it to the customer by e-mail, fax or telephone. The exchange of a product can take place only after attribution of a number of exchange to the customer according to the above mentioned approach.

16-d: In case of error of delivery or exchange, any product for exchange or refund will have to be shipped back to UNIWORLD LLC as a whole and in its original packaging, with Colissimo (or equivalent) to the following address: Sarl UNIWORLD, Service retour, 52 avenue de la 1ère D.F.L., bât C – 83130 La Garde – France. To be accepted, any return will have to be reported first to the Customer service of MandalaShop online and the return-shipping label provided by Mandala Shop online will have to be placed on the package.

Shipping fees will be borne by UNIWORLD LLC, except if it is proven that the product that was shipped back does not correspond to the declaration of origin made by the customer in the return form.

 

Article 17: Guarantee of the products

All products sold on the website mandalashop-online.com benefits from the legal guarantee of conformity and the of latent defect guarantee under the following legal provisions:

- Article L.211-4 of the Consumer Code: the seller must deliver goods in compliance with the contract and is liable for defects of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from the packaging, assembly or installation instructions when under its responsibility.

- Article L.211-5 of the Consumer Code: to comply with the contract, the good must:

1° Be suitable for the purpose usually associated with such a product and, if applicable:

- Match the description given by the seller and have the qualities that this one presented to the purchaser as samples or models;

- Have the qualities that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in publicity or labelling;

2° Or have the characteristics defined jointly by the parties or be suitable for any particular purpose sought by the buyer, made known to the buyer and that the latter accepted.

- Article L.211-12 of the Consumer Code: the action resulting from the defect of conformity is prescribed two years after the date of delivery of the good;

- Article 1641 of the Civil Code: the seller must guarantee against hidden defects of the thing sold which makes it unsuitable for the use for which it was intended, or which reduces this use so much, that the buyer would not have acquired it or would have paid a lower price, if he had known them;

- Article 1648: the buyer must initiate the act resulting from latent defects within two years after discovery of the defect.

The shipping fees of the items shall be borne by the customer. However if the guarantee of conformity applies the product(s) shipped back, all the expenses related to this return will be refunded to the customer. For any return of package, you must ship it back by the Post office Colissimo (or equivalent) or any carrier of your choice.

All packages have to be shipped back to UNIWORLD LLC. Whatever the problem concerning your article is, you must attach to the defective product a copy of the invoice in its box.

 

Article 18: Right of withdrawal

To ensure faster processing in the case of a legal withdrawal of 14 days, we invite our customers to notify in advance to the Customer Service of UNIWORLD LLC by e-mail (contact@mandalashop-online.com) or on the interface “My account”, a number of return will be assigned to the product as well as a return label to print out and stick on the product. The product must be shipped back to UNIWORLD LLC by Chronopost, Colissimo or any other carrier with a shipment tracking method.

It is essential to declare the request for return within 14 calendar days or to return the product within 14 days in the absence of declaration. This period starts from the day of receipt or withdrawal of the order. If this period expires on a Saturday, Sunday or a bank holiday, it is extended until the next working day.

If the return was subject to a preliminary declaration of return within 14 days, the customer has 15 calendar days to ship back, at his expenses, the products subject to the withdrawal.

We ask the customer to return with Colissimo the products as a whole, in the complete, intact and original packaging, and in perfect condition for resale to the following address:

UNIWORLD LLC, Customer service, 52 avenue de la 1ère D.F.L., bât C – 83130 La Garde – France

Any product received with missing accessories and/or products will be returned to the sender and will neither be refunded, nor exchanged.

This right of withdrawal is exerted without penalties, with the exception of the expenses of return.

Upon receipt of the package by UNIWORLD LLC, the logistic teams will judge the perfect condition of the returned goods. If the return is rejected by UNIWORLD LLC, the products will then be returned to the customer at the customer’s expense.


In case of exercising the right of withdrawal, UNIWORLD LLC will refund the customer within 30 days maximum from the date on which the right was exercised.

The customer will then be refunded by crediting to his bank account (secure transaction) if paid by credit card, or by check in other cases.

 

Article 19: Force Majeure

Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous occurrence or a force majeure.

Shall be considered a fortuitous event or force majeure any compelling fact or circumstance, outside parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by them, despite all reasonable efforts.

The party affected by such circumstances shall notify the other within ten working days following the date on which it will have been informed of it.

Both parties shall then contact each other, within one month, unless unable due to force majeure, to examine the impact of the event and agree the conditions under which the execution of the contract will be continued.

If the force majeure lasts for more than three months, preventing the execution of the order, it may be terminated by the aggrieved party.

Explicitly, are considered force majeure or fortuitous events, beyond those usually considered by the jurisprudence of French courts and tribunals:

- Blockage of means of transportation or supplies, earthquakes, fires, storms, floods, lightning;

- Stop of telecommunication networks or difficulties specific to telecommunication networks external to customers.

 

Article 20: No partial validation

If one or more provisions of these General Terms and Conditions are deemed to be non-valid or declared as such pursuant to a law, a regulation or following a final decision of a competent court of jurisdiction, the other provisions shall remain in force.


Article 21: No waiver

The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced


Article 22: Title

In case of difficulty in interpreting any of the titles at the head of the articles, and any of the clauses, the titles will be declared non-existent.


Article 23:
 Applicable law

The present General Terms and Conditions of sale and the online sale contract are subject to the French law.

In case of dispute or claim, the customer is invited to contact beforehand the Customer Service of Mandala Shop online (E-mail: contact@mandalashop-online.com; Address: Sarl UNIWORLD, Customer service, 52 avenue de la 1ère D.F.L., bât C – 83130 La Garde – France) in order to seek and to find an amicable solution.

In the absence of agreement between the parties, the competent Court of jurisdiction in case of dispute is the place of the defendant, or as the applicant chooses, the place of actual delivery of the product.

 

Article 24: Intellectual property

The use of this site is reserved for a strictly personal use.

All texts, comments, illustrations, marks and images reproduced on the Mandala Shop online website are protected by copyright, trademark law, patent law and image rights as well as under the intellectual property rights and for the whole world. 

They are the full property of UNIWORLD LCC or its partners.

Any representation, reproduction, in whole or part, constitutes an infringement involving the civil or penal responsibility of the author.

For this reason and in accordance with the provisions of the Code of Intellectual Property, the only permitted use is for private use, subject to different provisions, even more restrictive of the Code of Intellectual Property.

Any reproduction total or partial of the website of Mandala Shop online is strictly prohibited without prior consent.

 

Article 25: Data protection

Information requested to the customer is necessary to process the order. The lack of information results in the cancellation of the order. 

UNIWORLD LLC undertakes not to communicate, free of charge or with counterpart, its customers’ personal data to third parties. 

In accordance with the Data Protection Act of January 6th, 1978, the customer has at any time the right of access, rectification, and opposition to all of his personal data by writing, by mail and providing proof of identity, to the CNIL, 8 rue Vivienne, 75083 Paris cedex 02. 

UNIWORLD LLC reserves the right to collect data on the customer, including the use of cookies in accordance with the law. 

The user is informed that the processing of information, in particular the management of e-mail addresses of the users, is being declared to the CNIL.

Article 26: Responsibility

UNIWORLD LLC has, for all stages of access to the website, of ordering process, delivery, customer service or subsequent services, only an obligation of means. 

UNIWORLD LLC shall not be liable for any inconvenience or damage inherent to the use of the Internet, including interruption of service, external intrusion or presence of computer viruses, or any event qualified of force majeure, in accordance with the law. 

 

Article 27: Customer service

Your satisfaction is our priority. 

We will endeavour to answer all customer requests within two working days. For any information or question, you can contact the Customer Service of Mandala Shop online:

-      by e-mail at the following e-mail address: contact@mandalashop-online.com or,

-      by fax at +33 (0)9.55.21.39.40.