GENERAL TERMS AND CONDITIONS OF SALE
1.
PREAMBLE
These General Terms and Conditions of Sale ("GTCS") govern
all sales of electronic circuit boards (hereinafter
"Products") made through the website minimacy.net
(hereinafter the "Website") operated by Ambermind, a French
société à responsabilité limitée, with its registered office
located 1 rue de Stockholm, 75008 Paris, France, registered with the
Paris Trade and Companies Register under number 450 043 641 (the
"Seller").
Any order placed on the Website (the “Order”) constitutes the buyer's
(the “Buyer”) full and unreserved acceptance of these GTCS.
The Seller reserves the right to amend these GTCS at any time. The
version applicable to any order shall be the version in force on the
date the order is placed.
2.
PRODUCTS AND AVAILABILITY
2.1.
Product Descriptions
The Seller makes every reasonable effort to ensure that the
descriptions, photographs, and technical specifications of the
Products displayed on the Website are accurate. However, the Seller
does not warrant that such information is entirely free from error and
shall not be liable for any inaccuracies that are not material to the
performance of the Product.
Product images are provided for illustrative purposes only and may
not precisely reflect the delivered Product in terms of appearance,
packaging, or minor technical details.
2.2.
Availability
Products are offered subject to availability. The Seller reserves the
right to modify the range of Products offered at any time without
prior notice. In the event a Product becomes unavailable after an
Order has been placed, the Seller shall notify the Buyer within a
reasonable timeframe and offer, at its discretion: (i) an equivalent
replacement Product; or (ii) a full refund of amounts paid.
3.
PRICES
Prices are displayed in euros and are inclusive of applicable taxes,
unless stated otherwise. Prices do not include delivery charges, which
are indicated separately prior to final order confirmation.
The Seller reserves the right to amend prices at any time. The price
applicable to any Order shall be the price displayed on the Website at
the time the Order is confirmed.
In the event of an obvious pricing error, the Seller reserves the
right to cancel the Order, subject to informing the Buyer and issuing
a full refund of any sums paid.
4.
ORDERS
4.1.
Order Process
To place an Order, the Buyer must: (i) select the desired Product(s);
(ii) add them to the shopping cart; (iii) provide accurate delivery
and billing information; (iv) review and accept these GTCS; and (v)
proceed to payment.
The contract is formed when the Seller sends an order confirmation
email to the Buyer. The contract includes the Order and these GTCS
(the “Contract”). The Seller reserves the right to decline or cancel
any Order for legitimate reasons, including but not limited to:
unavailability of the Product, suspicion of fraudulent activity, or
failure of payment.
4.2.
Order Modification and Cancellation
Once an Order has been confirmed, the Buyer may not modify or cancel
it except in accordance with Article 8 (Right of Withdrawal) or
Article 10 (Legal Guarantees). The Seller may cancel an Order at any
time prior to dispatch without incurring liability beyond refunding
amounts paid.
5.
PAYMENT
Payment is due in full at the time of Order.
All transactions are processed through a secure payment gateway. The
Seller does not store payment card data on its servers.
In the event of payment failure, fraudulent use of a payment method,
or non-payment, the Seller reserves the right to suspend or cancel the
Order without notice, and to pursue all available legal
remedies.
Title to the Products shall remain with the Seller until full payment
has been received and cleared (retention of title clause).
6.
DELIVERY
6.1.
Delivery Terms
Products are delivered to the address provided by the Buyer at the
time of Order. The Buyer is solely responsible for the accuracy of the
delivery address. The Seller shall not be liable for failed deliveries
resulting from incomplete or incorrect information provided by the
Buyer.
6.2.
Delivery Timeframes
The Seller will deliver the Products within the period indicated at
the time of the Order. In the absence of any indication, delivery
shall take place within thirty (30) days of the date of the Order.
In the event of a delay in delivery, the Buyer may, in accordance
with Article L. 216-2 of the Consumer Code, order the Seller to make
the delivery within a reasonable additional period of time. In the
absence of performance within this period, the Buyer may terminate the
Contract by registered letter with acknowledgement of receipt and
obtain a full refund of the sums paid within fourteen (14) days of the
termination.
6.3.
Risk Transfer
Risk of loss and damage to the Products transfers to the Buyer upon
physical delivery of the Products to the Buyer or a person designated
by the Buyer.
6.4.
Verification of the Product
The Buyer is required to check the condition of the Products upon
receipt. In the event of apparent damage or shortage, it is the
responsibility of the Buyer to make the necessary reservations to the
carrier and to inform the Seller within three (3) working days of
receipt, by email to contact@minimacy.net
6.5.
Customs duties
When the Buyer elects to have the Products delivered outside of the
European Union, Buyer acknowledges that customs duties and formalities
may apply. Buyer shall be responsible for complying with applicable
customs formalities and shall bear customs duties.
7.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, the Seller's total
liability to the Buyer in connection with any Order shall not exceed
the total price paid by the Buyer for the relevant Products.
The Seller shall not be liable for any indirect, incidental, special,
or consequential damages, including but not limited to loss of profit,
loss of data, or damage to third-party equipment, arising from the use
or inability to use the Products, even if the Seller has been advised
of the possibility of such damages.
The Seller does not warrant that the Products are suitable for any
specific application or purpose beyond those described in the product
specifications. The Buyer assumes full responsibility for verifying
the compatibility and suitability of the Products for their intended
use.
8.1.
Time Frame and Conditions
In accordance with Articles L. 221-18 et seq. of the French Consumer
Code, the Buyer has a period of fourteen (14) days from receipt of the
Products to exercise his right of withdrawal, without having to
justify reasons or pay penalties.
8.2.
Exercising the right of withdrawal
To exercise its right of withdrawal, the Buyer notifies the Seller of
its decision by any unambiguous means (email or registered mail) or by
using the following standard form:
"To the attention of Ambermind, 1 rue de Stockholm, 75008
Paris, [EMAIL]: I/We (*) hereby notify you of my/our (*)
withdrawal from the contract relating to the sale of the goods (*)
below:
- ordered on (*)/received on (*) :
- Name of the consumer(s) :
- Address :
- Signature (only in the case of paper notification) :
- Date :
(*) Delete the unnecessary entry. »
8.3.
Returning Products
The Buyer shall return the Products to the Seller, at 1 rue de
Stockholm, 75008 Paris, without undue delay and at the latest within
fourteen (14) days of the communication of its decision to withdraw.
The return costs are the responsibility of the Buyer, in accordance
with Article L. 221-24 of the Consumer Code. Products must be returned
in their original condition and packaging.
8.4.
Refund
The Seller shall reimburse the Buyer for all sums paid, including
standard delivery charges (but excluding any additional delivery costs
linked to the delivery option chosen by the Buyer, when the Buyer does
not choose the cheapest delivery mean proposed by Buyer), within
fourteen (14) days of receipt of the returned Products or proof of
their dispatch (whichever is earlier). The refund is made via the same
means of payment as that used for the Order. Seller may defer refund
until the Products are received.
The Buyer is liable in the event of depreciation of the Products
resulting from handling other than that necessary to establish their
nature, characteristics and proper functioning, in accordance with
Article L. 221-23 of the Consumer Code.
8.5.
Exclusions
In accordance with Article L. 221-28 of the French Consumer Code, the
right of withdrawal does not apply in particular to Products: made
according to the Buyer's specifications or clearly personalized;
likely to deteriorate or expire quickly; unsealed by the Buyer after
delivery and which cannot be returned for reasons of hygiene or health
protection.
9.
RETURNS AND EXCHANGES
Outside the right of withdrawal period, the Seller will only accept
returns of Products that are defective or non-conforming. Returns must
be authorised in advance by the Seller's customer service team.
Unauthorised returns will not be accepted and may be returned to the
Buyer at the Buyer's expense.
The Seller reserves the right to inspect returned Products before
issuing any replacement or refund. Returns caused by misuse, improper
installation, or modifications carried out by the Buyer are excluded
from this policy.
10.
LEGAL GUARANTEES
Buyers acting as consumers within the meaning of the French Consumer
Code benefit from the legal guarantee of conformity (as defined in
Articles L217-3 to L. 217-20 of the Consumer Code) and the guarantee
against latent defects (as defined in Articles 1641 to 1649 and 2232
of the French Civil Code), in accordance with the conditions set out
below:
The consumer has a period of two years from the delivery of the
goods to obtain the implementation of the legal guarantee of
conformity in the event of a lack of conformity. During this period,
the consumer is only required to establish the existence of the lack
of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the
supply of digital content or a digital service on a continuous basis
for a period of more than two years, the legal guarantee shall apply
to that digital content or digital service throughout the period of
supply. During that period, the consumer is only required to
establish the existence of the lack of conformity affecting the
digital content or digital service and not the date on which it
appeared.
The legal guarantee of conformity entails an obligation for the
professional, if applicable, to provide all the updates necessary to
maintain the conformity of the property.
The legal guarantee of conformity gives the consumer the right to
repair or replace the goods within thirty days of their request,
free of charge and without major inconvenience to them.
If the product is repaired within the framework of the legal
guarantee of conformity, the consumer benefits from a six-month
extension of the initial warranty.
If the consumer requests the repair of the goods, but the seller
imposes the replacement, the legal guarantee of conformity is
renewed for a period of two years from the date of replacement of
the goods.
The consumer can obtain a reduction in the purchase price by
keeping the goods or terminate the contract by being reimbursed in
full against return of the goods, if:
1° The professional refuses to repair or replace the
property;
2° The repair or replacement of the property takes place after a
period of thirty days;
3° The repair or replacement of the goods causes a major
inconvenience for the consumer, in particular when the consumer
definitively bears the costs of taking back or removing the
non-compliant goods, or if he bears the costs of installing the
repaired or replacing goods;
4° The non-conformity of the property persists despite the seller's
unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a reduction in the price of the
goods or to the termination of the contract when the lack of
conformity is so serious that it justifies the immediate reduction
of the price or the termination of the contract. The consumer is
then not required to request the repair or replacement of the goods
beforehand.
The consumer does not have the right to cancel the sale if the lack
of conformity is minor.
Any period of immobilization of the property with a view to its
repair or replacement suspends the warranty that remained to run
until the delivery of the refurbished item.
The rights mentioned above result from the application of Articles
L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal guarantee
of conformity in bad faith incurs a civil fine of a maximum amount
of 300,000 euros, which can be increased to 10% of the average
annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against latent
defects pursuant to Articles 1641 to 1649 of the Civil Code, for a
period of two years from the discovery of the defect. This guarantee
entitles the holder to a price reduction if the item is kept or to a
full refund against return of the item.
11.
INTELLECTUAL PROPERTY
All content on the Website, including but not limited to text,
images, graphics, technical specifications, logos, and software, is
the exclusive property of the Seller or its licensors and is protected
by applicable intellectual property laws.
The Buyer shall not reproduce, modify, distribute, or use any such
content without the prior written consent of the Seller.
12.
PERSONAL DATA
The Seller collects and processes the Buyer's personal data in
accordance with its privacy policy, available at
By placing an Order, the Buyer acknowledges having read and
understood the Privacy Policy.
13.
FORCE MAJEURE
The Seller shall not be held liable for the non-performance or delay
in the performance of its obligations resulting from an event
constituting force majeure within the meaning of Article 1218 of the
Civil Code, in particular in the event of natural disasters, strikes,
epidemics, government restrictions or failure of transport
systems.
The Seller will inform the Buyer as soon as possible by electronic
means. If the force majeure event lasts beyond thirty (30) days,
either party may terminate the Agreement by operation of law, by
written notice, and Seller shall then reimburse Buyer for all sums
paid for the undelivered Products.
14.
GOVERNING LAW AND DISPUTE RESOLUTION
14.1.
Consumer mediation
In accordance with Articles L. 616-1 and R. 616-1 of the Consumer
Code, the Seller offers a consumer mediation system. In the event of a
dispute that cannot be resolved amicably within two (2) months of the
written complaint sent to the Seller, the Buyer may refer the matter
to the following mediator free of charge:
•
AME CONSO
Referral to the Ombudsman shall not prevent the possibility of
bringing legal proceedings.
14.2.
Online Dispute Resolution (ODR) Platform
In accordance with Regulation (EU) No. 524/2013, the European
Commission provides an online dispute resolution platform accessible
at: https://ec.europa.eu/consumers/odr
14.3.
Applicable law and jurisdiction
These GTCS and all Contracts concluded with the Seller are subject to
French law, to the exclusion of any other legislation.
In the event of a dispute that is not resolved amicably or through
mediation, express jurisdiction is conferred on the competent courts
within the jurisdiction of the Court of Appeal of Paris, subject to
the rules of jurisdiction imposed by the Consumer Code for the benefit
of the consumer.
15.
SEVERABILITY AND ENTIRE AGREEMENT
If any provision of these GTCS is found to be invalid or
unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect. The invalid
provision shall be replaced by a valid provision that most closely
reflects the original intent.
These GTCS, together with the Order confirmation, constitute the
entire agreement between the Seller and the Buyer with respect to the
subject matter hereof and supersede all prior agreements,
representations, and understandings.
16.
CONTACT INFORMATION
For any queries regarding these GTCS or an Order, the Buyer may
contact the Seller at:
•
Ambermind
•
1 rue de Stockholm, 75008 Paris, FRANCE
•
Email: contact@minimacy.net