- 1. Legal Notice
- 2. Content
- 3. Products
- 4. Pricing
- 5. Discounts
- 6. Orders
- 7. Payment
- 8. Shipping
- 9. Withdrawal
- 10. Liability
- 11. Legal Guarantees
- 12. Intellectual Property
- 13. Privacy and Personal Data Collection
- 14. Dispute Resolution
- 15. Health and Consumption
- 16. Validity of the Terms and Conditions
1. Legal Notice
My American Market (MyAM)
12, rue de l'Industrie − 31000 Toulouse, France
Single-associate Limited Liability Company (SARL unipersonnelle) with a capital of €350.000 – 511 884 462 RCS Toulouse
VAT number: FR32 511 884 462
Email : contact@MyAmericanMarket.com
Phone: +(33) 5 34 50 47 36 (8am to 6pm, Monday through Friday)
Publication Director: Ms. Anne-Claire Bocage
Website hosted by OVH company
Telephone: +33 9 72 10 10 07
2, rue Kellermann - 59100 Roubaix - France
CNIL declaration number: 1360209 (22 April 2009)
2. Content
These Terms and Conditions apply to interactions between:
- My American Market (“MyAM”), and
- Any natural person acting as a consumer as defined by law and legal precedent (the “Customer”) who wishes to make a purchase via the MyAM website (https://myamericanmarket.com, the “Site”).
By purchasing a product on the Site, the Customer agrees to be unconditionally bound by these Terms and Conditions.
MyAM reserves the right to modify its Terms and Conditions at any time. In this case, the applicable Terms and Conditions shall be those in effect on the date the Customer orders a product on the Site.
3. Products
3.1 Availability
MyAM informs the Customer of product availability on the Site in real time.
However, if products are unavailable after the order has been placed, MyAM shall inform the Customer as soon as possible and offer to refund the amount of the unavailable products in the form of a coupon valid for one year on the Site or in monetary form.
3.2 Description
MyAM takes the utmost care to ensure that the presentation and description of the products on the Site are as accurate as possible, in accordance with the best industry standards, but within the limits of the technology and computer equipment used. It is therefore possible that non-substantial errors may appear on the Site, which the Customer acknowledges and accepts.
Given the digital presentation of products on the Site, it is also possible that the Customer's perception of the photograph of a product does not correspond exactly to the product itself. MyAM shall not be liable for any such non-substantial errors in the photographic representation of a product on the Site or in perception. In any event, should a delivered product not conform to the description on the Site, the Customer may either exercise their right of withdrawal or invoke the legal guarantee of conformity under the conditions set forth below (Sections 9 and 11).
4. Pricing
The prices of the products listed on the Site include all taxes and duties in euros, excluding delivery charges. MyAM reserves the right to change its prices at any time. However, the price shown on the Site at the time the order is confirmed shall be the only price that applies to the Customer.
The price indicated in the order confirmation includes all taxes, delivery charges, and processing fees.
The Customer is responsible for any applicable taxes such as customs duties or local VAT that may be claimed by the local authorities of the destination country.
The minimum order amount (excluding delivery charges) is €5, except when using a coupon code.
5. Discounts
Coupon codes sent to the Customer by e-mail can be applied to a future online order, subject to the conditions specified in the offer.
To benefit from these discounts and/or gifts, the code must be indicated in the “Coupon Code” field on the site at checkout. If the Customer does not enter the coupon code before confirming the order, the Customer will not be able to benefit from the discount. Coupon codes are not cumulative.
6. Orders
To place an order, the Customer must:
- Fill in the registration form with all requested information or provide their e-mail address and password if they have already created a Customer account on the Site,
- Select the products on the Site, in the desired quantity, to add to the “Shopping Cart”,
- In the Shopping Cart, complete the “Coupon Code” field, if necessary, and click “OK” to apply it,
- At this stage, the Customer can choose to
(i) go to the next page,
(ii) use their Amazon Pay account,
(i) If the Customer proceeds to the next page, they must: - Create an account or log in to their account if they have not already,
- Confirm the billing address and select the delivery address, add gift wrapping if desired (for a fee; the price including VAT is indicated) and/or a personalized message for the package recipient, and go to the next page,
- Select a shipping method and pickup location, if necessary, and go to the next page,
- Select the payment method and
- Accept the Terms and Conditions and confirm the order by clicking on the “Process” button. In the case of payment by card, the “Process” button also confirms the payment.
Alcohol sales to minors are prohibited. When the Customer confirms their order, they certify that they are 18 years of age or older.
The Customer will then no longer be able to make any changes to their order and is committed to making the full payment. - Make the payment according to the specified conditions.
(ii) If the Customer uses their Amazon Pay account: - An Amazon window will open inviting the Customer to log in to their Amazon account,
- Once logged in, the delivery addresses and payment cards stored in the Customer's Amazon account are displayed on the MyAM website. MyAM does not have access to or store this information, except for the delivery address selected for the order,
- Select the desired delivery address,
- Select the desired payment method,
- Select the shipping method and the pick-up location, if applicable,
- When necessary, fill in the “Coupon Code” field and click “OK” to apply (if the coupon was entered at the Shopping Cart step, the discount has already been applied and there is no need to enter it again),
- Accept the Terms and Conditions by checking the box “I agree to the Terms & Conditions*”. Alcohol sales to minors are prohibited. When the Customer confirms their order, they certify that they are 18 years of age or older.
- Finalize the order by clicking the “Buy now!” button.
The Customer will then no longer be able to make any changes to their order and is committed to making the full payment.
Once confirmed, MyAM will inform the Customer by e-mail that the order has been placed.
For this purpose, the Customer formally accepts the use of e-mail for MyAM's order summary. By keeping this e-mail and/or printing it, the Customer has proof of the order, which MyAM recommends that the Customer retain.
The Customer is invited to notify MyAM of any errors and/or omissions contained in this summary.
7. Payment
Payment is due immediately at the time of order.
The payment is made:
- by credit card (CB, Visa, Mastercard, or Amex), through the secure online system of our partner Lyra, via Paypal, or via Amazon Pay,
- by Sofort, Bancontact or MyBank (these payment methods are available according to the billing location), through the secure online system of our partner Lyra,
- by bank transfer (available in some countries).
The order is confirmed only after:
- The Customer’s bank and our payment provider (Lyra, Paypal, or Amazon Pay) confirm the transaction, or
- MyAM’s bank receives the transferred funds
In the event that the payment fails, the order will be cancelled, and MyAM will inform the Customer accordingly.
MyAM reserves the right to refuse to deliver or fulfill an order from a Customer who has not paid in full or who has only partially paid a previous order or who is involved in an ongoing payment dispute.
The Customer is hereby informed that MyAM shall not be held liable for any misappropriation or fraudulent use of any means of payment that has not been detected by MyAM.
8. Shipping
All shipping methods and delivery times are described on the Site’s « Shipping » page.
Customers in continental France and Europe will be able to track their packages. Emails containing tracking information will be sent to the Customer by our partner ShipUp.
The delivery times mentioned on the Site at the time of order are effective from the time the order is confirmed (i.e., after payment confirmation) and are communicated to the Customer in the e-mail sent by MyAM after confirmation.
Delivery times are provided as estimates only.
If the actual delivery time exceeds what the Customer considers acceptable, and in any event exceeds the legal delivery time of 30 days, the sales agreement may be terminated. The merchandise shall then be returned to the warehouse at MyAM’s expense and the Customer shall be refunded the amount paid at the time of order confirmation.
The sales agreement shall be considered terminated once MyAM receives the letter or written notice from the Customer, unless the agreement was fulfilled between the sending of the letter and its reception by MyAM. Once the merchandise has been delivered to the Customer, the agreement can no longer be terminated.
The Customer shall still have the option to withdraw from the agreement, but in this case the Customer is responsible for the return fees (see Section 9).
Orders shall be shipped to the delivery address that the Customer provides on the Site.
The Customer is responsible for the information provided to MyAM when placing the order.
Such information may not be changed once the order has been confirmed. In the event of an error in the recipient’s identity and/or contact details, MyAM shall not be held liable for the failure to deliver the ordered products.
Upon receipt or collection of the package at the delivery point, the Customer must verify the contents in order to express any concerns if the package does not correspond to the order or is damaged.
9. Withdrawal
The Customer has fourteen (14) days from the receipt of the package to withdraw from the agreement.
Regardless of the reason for withdrawal, the Customer must notify MyAM within the abovementioned period by sending the completed withdrawal form (available on the Site) or any other written statement informing MyAM that they wish to exercise their right of withdrawal.
The Customer shall then return the items as soon as possible and, at the latest, within fourteen (14) days of communicating their decision to withdraw.
The items shall be sent in perfect condition, in their original packaging, and in a state fit for resale, to the following address:/p>
- My American Market
12 rue Louis Courtois de Viçose
Bât 3 – les Arches
31100 Toulouse
FRANCE
The Customer shall be responsible for the costs and risks of returning the items and shall not be entitled to any reimbursement for these costs from MyAM. We recommend that the Customer keep all proof of their return.
Once the products have been received or proof of shipment has been provided to MyAM's Customer Service Department, the Customer will be reimbursed the full amount paid, including the original shipping costs.
In accordance with Article L. 121-20-2 of the French Consumer Code, the Customer is reminded that the above right of withdrawal cannot be applied to sales agreements for items that are likely to spoil or expire rapidly.
10. Liability
MyAM is committed to providing the utmost standard of care to satisfy its Customers. MyAM shall be fully liable to the Customer for appropriately fulfilling the agreements entered into with the Customer.
Nevertheless, MyAM shall not be held liable for the non-performance of any such agreement resulting from the Customer's actions or a force majeure. In accordance with the French statute in effect, force majeure includes external, unforeseeable, and unavoidable events (such as disasters, fires, floods, strikes, failure or breakdown of equipment, of transportation, of the means of communication, etc.).
MyAM shall not be held liable for any delay caused by a supplier.
The proposed products comply with the French legislation in effect.
MyAM shall not be held liable in the event that the delivered product does not comply with the laws of the destination country.
Under no circumstances shall MyAM be liable for any damages resulting from the improper use of the products sold, including allergies, poisoning, etc.
In any event, MyAM's liability shall be limited to the order amount.
11. Legal Guarantees
11-1 Legal guarantee of conformity
All products sold by MyAM are subject to the legal guarantees defined in Articles L.217-4 to L.217-14 of the French Consumer Code, in particular:
- Article L.217–4:
“The seller shall deliver a product that conforms with the agreement and shall be liable for any defects in conformity existing at the time of delivery.
The seller is also responsible for any defects in conformity resulting from the packaging, the assembly instructions, or the installation when the seller is responsible for such installation under the agreement or when the installation was carried out under the seller’s responsibility.” - Article L.217–5:
“A product conforms with the agreement:
1. If it is fit for the purpose usually expected of such products and, where applicable:
- if it corresponds to the description provided by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect in view of the public disclosures made by the seller, the manufacturer or its representative, particularly in advertisements or on labelling
- Article L.217–12:
“Legal action resulting from non-conformity is limited to two years after the delivery of the good.” - Article L.217–8:
“The buyer is entitled to demand that the goods conform to the agreement. The buyer may not, however, challenge conformity by invoking a defect of which the buyer was aware or could not have been unaware of when they entered into the agreement. […]”
Implementation of the guarantee of conformity
In the event of non-conformity, MyAM shall offer the Customer a replacement or refund of the product. The choice shall be up to the Customer, except where this would entail disproportionate costs for MyAM.
The Customer shall be entitled to have the agreement terminated or reduced (i.e., the price of the goods shall be reduced) if the defect is major and the time taken to find a solution exceeds one (1) month from the date of the request, or if no solution is feasible.
The Customer will not be charged for the replacement, repair, termination or reduction of the agreement.
11-2 Legal guarantee against hidden defects
This guarantee is defined by Articles 1641 to 1649 of the French Civil Code, partially reproduced below:
The seller is bound to a guarantee against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if the buyer had known of the defects.
The legal guarantee covers all the expenses caused by the hidden defects.
The seller is not liable for obvious defects which the buyer could ascertain themselves. The seller is liable for hidden defects, if unknown to the seller, unless the seller has stipulated that they would not be bound to any guarantee in this case.
The defect must exist prior to the sale and make the products unfit for their intended purpose.
The buyer has the choice between returning the item and receiving a full refund or keeping the item and receiving a partial refund.
The buyer has 2 years from the discovery of the defect to take action.
12. Intellectual Property
All elements of the MyAM site are and shall remain its exclusive intellectual property.
No one is authorized to reproduce, exploit, rebroadcast, or use in any way whatsoever, even partially, elements of the site whether software, visual, or audio.
All copies of text, photos or any content will be duly detected and the offenders prosecuted.
When a copy of any element of the Site is attempted, the person is informed of the unlawfulness of the act via a pop-up window.
13. Privacy and Personal Data Protection
MyAM shall treat all data provided by the Customer with the strictest confidence.
In accordance with the French Data Protection Act of 6 January 1978:
- The MyAM site was declared (No. 1360209) to the CNIL (Commission Nationale de l'Informatique et des Libertés) on 22/04/2009.
- Customers have the right to access, rectify, and remove data concerning them. To do so, simply make a request by email to: contact@MyAmericanMarket.com
14. Dispute Resolution
In the event of any problem or disagreement regarding the application, interpretation and/or execution of the Terms and Conditions, the French text shall take precedence over any translations.
These Terms and Conditions of Online Sale are subject to French law, except for mandatory provisions to the contrary such as those arising from the EC Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
In the event of a dispute, the appropriate courts of Toulouse (France, Haute-Garonne) shall have jurisdiction, notwithstanding multiple defendants or the introduction of third parties.
15. Health and Consumption
MyAM sells food and beverage items that may be fatty, salty, and sweet. Over-consumption of these types of foods may impact health.
For more information, the Customer may visit: http://www.mangerbouger.fr/
MyAM sells alcoholic beverages.
Alcohol sales to minors are prohibited. When the Customer confirms their order, they certify that they are 18 years of age or older.
Consuming alcohol is harmful to one’s health. For more information, the Customer may visit: http://www.alcool–info–service.fr/
16. Validity of the Terms and Conditions
If any provision of these Terms and Conditions is declared invalid in whole or in part, the other provisions and the other rights and obligations arising from the Terms and Conditions shall remain unaffected and shall continue to be applicable unless their application is rendered impossible.
