Preamble
These Terms and Conditions apply to all sales made on the Mbaie Miracle website.
The websitembaiemiracle.comis a service provided by:
- Mbaie Miracle Sole Proprietorship
- located at 5 Impasse du Château d’eau, 64160 Maucor, France
- website URL:mbaiemiracle.com
- Email:contact@mbaiemiracle.com
- phone number:0559681920
The Mbaie Miracle website sells the following products: freeze-dried miracle berries, miracle berry lozenges, miracle berry pulp, and miracle berry cubes.
The customer hereby declares that they have read and accepted the terms and conditions prior to placing their order. Submission of the order therefore constitutes acceptance of the terms and conditions.
Article 1 - Principles
These terms and conditions set forth the full scope of the parties’ obligations. Accordingly, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, including those applicable to in-store sales or sales through other distribution and marketing channels.
They are available on the Mbaie Miracle website and, if necessary, shall take precedence over any other version or conflicting document.
The seller and the buyer agree that these terms and conditions shall exclusively govern their relationship. The seller reserves the right to amend these terms and conditions from time to time. They shall become effective as soon as they are posted online.
If any provision of these Terms and Conditions were to be invalid, it shall be deemed to be governed by the practices in force in the distance selling sector for companies headquartered in France.
These Terms and Conditions are valid until March 14, 2030.
Article 2 - Content
The purpose of these Terms and Conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the Seller to the Buyer through the Mbaie Miracle website.
These terms and conditions apply only to purchases made on the Mbaie Miracle website and shipped to France, Europe, and the rest of the world.
These purchases include the following products: freeze-dried miracle berries, miracle berry tablets, miracle berry pulp, and miracle berry cubes.
Article 3 - Pre-contractual Information
The buyer acknowledges that, prior to placing an order and entering into the contract, they were provided with these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code in a clear and understandable manner.
The following information is provided to the buyer in a clear and understandable manner:
- the essential characteristics of the property;
- the price of the property and/or the method used to calculate the price;
- if applicable, any additional shipping, delivery, or postage charges, as well as any other applicable fees;
- if the contract is not performed immediately, the date or time by which the seller agrees to deliver the goods, regardless of their price;
- information regarding the seller’s identity, mailing address, telephone number, and email address, as well as their business activities; information regarding statutory warranties, the functionality of digital content, and, where applicable, its interoperability; and information regarding the existence and terms of implementation of warranties and other contractual terms.
Article 4 - The Order
The buyer may place an order online, using the online catalog and the form provided therein, for any product, subject to availability.
The buyer will be notified if the product or item ordered is unavailable.
To confirm the order, the buyer must accept these terms and conditions by clicking in the designated area. The buyer must also select the shipping address and delivery method, and finally confirm the payment method.
The sale will be considered final:
- after the seller has sent the buyer an email confirming acceptance of the order;
- and after the seller has received full payment.
By placing an order, you agree to the prices and descriptions of the products available for sale. Any dispute regarding this matter will be addressed in the context of a potential exchange and the warranties described below.
In certain cases, such as non-payment, an incorrect address, or other issues with the buyer’s account, the seller reserves the right to hold the buyer’s order until the issue is resolved.
For any questions regarding order tracking, the buyer may call the following phone number: 0559681920 (local call rates apply), during the following days and hours:Monday through Saturday, from 9 a.m. to 6 p.m., or send an email to the seller at the following email address: contact@mbaiemiracle.com
Article 5 - Electronic Signature
The online submission of the buyer’s credit card number and the final confirmation of the order shall constitute proof of the buyer’s consent:
- payability of amounts due under the purchase order;
- signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the credit card, the buyer is asked to contact the seller at the following phone number as soon as such use is detected: 0559681920
Article 6 - Order Confirmation
The seller will send the buyer an order confirmation via email.
Article 7 - Proof of the Transaction
The electronic records, stored in the seller’s computer systems under reasonable security measures, shall be considered proof of communications, orders, and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 8 - Product Information
The products covered by these terms and conditions are those listed on the seller’s website and identified as being sold and shipped by the seller. They are available while supplies last.
The products are described and presented as accurately as possible. However, the seller shall not be held liable for any errors or omissions in this presentation.
Product photographs are not binding.
Article 9 - Price
The seller reserves the right to change its prices at any time but agrees to apply the current rates indicated at the time of the order, subject to availability on that date.
Prices are listed in euros. They do not include shipping costs, which are billed separately and displayed before the order is confirmed. Prices include the VAT rate applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the prices of products in the online store.
If one or more taxes or fees—including environmental taxes—are introduced or modified, whether increased or decreased, this change may be reflected in the selling price of the products.
Article 10 - Payment Method
This is an order that requires payment, which means that placing the order requires payment from the buyer.
To pay for their order, the buyer may choose from any of the payment methods made available by the seller and listed on the seller’s website. The buyer warrants to the seller that they have the necessary authorization to use the payment method they have selected at the time of order confirmation. The seller reserves the right to suspend any order processing and delivery in the event of a refusal of credit card payment authorization by officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not paid for a previous order in full or in part, or with whom a payment dispute is currently pending.
Payment in full is due on the date of the order, in accordance with the following terms:
- credit card
- PayPal
Article 11 - Product Availability - Refunds - Cancellation
Except in cases of force majeure or during periods when the online store is closed—which will be clearly announced on the website’s homepage—shipping times will be as indicated below, subject to availability. Shipping times begin on the date the order is processed, as indicated in the order confirmation email.
For deliveries to mainland France and Corsica, delivery takes 3 to 4 business days starting from the day after the buyer places the order, via La Poste (tracked delivery). In any case, delivery will be made no later than 30 business days after the contract is concluded.
For deliveries to French overseas departments and territories or to another country, the delivery terms will be specified to the buyer on a case-by-case basis.
If the agreed delivery date or deadline is not met, the buyer must, before terminating the contract, give the seller a reasonable extension of time to perform the contract.
If performance has not taken place by the end of this new period, the buyer may terminate the contract at will.
The buyer must complete these successive formalities by certified mail with return receipt requested or in writing on another durable medium.
The contract shall be deemed terminated upon the seller’s receipt of the letter or written notice informing the seller of such termination, unless the seller has fulfilled its obligations in the meantime.
However, the buyer may terminate the contract immediately if the dates or deadlines set forth above constitute an essential term of the contract for the buyer.
In such cases, when the contract is terminated, the seller is required to refund the buyer the full amount paid, no later than 14 days after the date on which the contract was terminated.
If the ordered product is unavailable, the buyer will be notified as soon as possible and will have the option to cancel the order. The buyer may then choose either to request a refund of the amount paid within 14 days of payment, or to exchange the product.
Article 12 - Delivery Terms
Delivery refers to the transfer of physical possession or control of the goods to the consumer. The products ordered are delivered in accordance with the terms and timeframe specified above.
Products are delivered to the address provided by the buyer on the order form; the buyer must ensure that this address is accurate. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, upon request, have an invoice sent to the billing address rather than the delivery address by selecting the option provided for this purpose on the order form.
If the buyer is not home on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be picked up at the location and time indicated.
If, upon delivery, the original packaging is damaged, torn, or opened, the buyer must inspect the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).
The buyer must note any issues with the delivery (such as damage, missing items compared to the delivery slip, damaged packages, broken items, etc.) on the delivery slip in the form of handwritten reservations accompanied by their signature.
This verification is deemed to have been completed once the buyer, or a person authorized by the buyer, has signed the delivery slip.
The buyer must then confirm these reservations to the carrier by certified mail no later than two business days after receiving the item(s) and send a copy of this letter by fax or regular mail to the seller at the address listed in the website’s legal notice.
If the products need to be returned to the seller, a return request must be submitted to the seller within 14 days of delivery. Any claims made after this period will not be accepted. Returns will only be accepted for products in their original condition (including packaging, accessories, and instructions).
Article 13 - Delivery Errors
The buyer must notify the seller on the day of delivery or, at the latest, on the first business day following delivery, of any claim regarding delivery errors and/or non-conformity of the products in terms of type or quality compared to the information listed on the order form. Any claim made after this deadline will be rejected.
The claim may be filed, at the buyer’s discretion:
- by phone at the following number: 0768959407;
- by email to the following address: contact@mbaiemiracle.com
Any claim not made in accordance with the procedures set forth above and within the specified time limits will not be considered and will release the seller from any liability toward the buyer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) in question and send it to the buyer via email. A product can only be exchanged after an exchange number has been assigned.
In the event of an incorrect delivery or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging via Colissimo Registered Mail to the following address: 5 impasse du Château d’Eau, 64160 Maucor.
The seller is responsible for the return shipping costs.
Article 14 - Product Warranty
14-1 Legal Warranty of Conformity
The seller guarantees that the item sold complies with the terms of the contract, thereby entitling the buyer to make a claim under the statutory warranty of conformity provided for in Articles L. 217-3 et seq. of the Consumer Code.
In the event that the legal warranty of conformity is invoked, please note that:
- The buyer has two years from the date of delivery of the property to take legal action;
- The buyer may choose between repair or replacement of the item, subject to the cost conditions set forth in Article L. 217-17 of the Consumer Code;
- The buyer is not required to provide proof of the property’s non-conformity within 24 months of delivery for new properties (12 months for used properties).
14-2 Legal Warranty Against Hidden Defects
In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for any latent defects that may affect the property sold. It is the buyer’s responsibility to prove that the defects existed at the time of sale and are such as to render the property unfit for its intended use. This warranty must be invoked within two years of the discovery of the defect.
The buyer may choose between rescinding the sale or obtaining a price reduction in accordance with Article 1644 of the Civil Code.
Article 15 - Right of Withdrawal
Exercise of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has 14 days from the date of delivery of their order to return any item that does not meet their expectations and request an exchange or refund without penalty, except for return shipping costs, which remain the buyer’s responsibility.
Returns must be in their original condition and include all components (packaging, accessories, instructions, etc.) so that they can be resold as new, along with the original sales receipt.
Damaged, soiled, or incomplete items cannot be returned.
The right of withdrawal may be exercised online using the withdrawal form available on this website. In this case, a confirmation of receipt in a durable medium will be sent to the buyer immediately. Any other method of declaring withdrawal is accepted. It must be unambiguous and clearly express the intention to withdraw.
If the right of withdrawal is exercised within the aforementioned time limit, the price of the purchased product(s) and the shipping costs will be refunded.
The buyer is responsible for return shipping costs.
The exchange (subject to availability) or refund will be processed within 15 days, and no later than 14 days from the date the seller receives the products returned by the buyer in accordance with the terms set forth above.
Exceptions
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- the supply of goods whose price depends on fluctuations in the financial market that are beyond the control of the seller and that may occur during the cancellation period;
- the supply of goods made to the consumer’s specifications or clearly personalized;
- the supply of goods that are liable to deteriorate or expire rapidly;
the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection; - the supply of goods which, after delivery and by their very nature, are inseparably mixed with other items;
- the supply of alcoholic beverages where delivery is deferred for more than thirty days and where the price agreed upon at the time the contract is concluded depends on market fluctuations beyond the control of the seller;
- maintenance or repair work that must be performed urgently at the consumer’s home and that the consumer has specifically requested, limited to the replacement parts and work strictly necessary to address the emergency;
- the supply of audio or video recordings or computer software where the consumer has unsealed them after delivery;
- the supply of a newspaper, periodical, or magazine, except for subscription contracts for such publications;
- the supply of digital content not provided on a tangible medium, where performance has begun following the consumer’s prior express consent and express waiver of their right of withdrawal.
Article 16 - Force Majeure
Any circumstances beyond the parties’ control that prevent the normal performance of their obligations shall be considered grounds for exemption from the parties’ obligations and shall result in the suspension of such obligations.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their cessation.
Any facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, beyond the parties’ control, and which the parties cannot prevent despite all reasonable efforts shall be considered cases of force majeure. In addition to those generally recognized by the case law of French courts and tribunals, the following are expressly considered cases of force majeure or fortuitous events: disruption of transportation or supply chains, earthquakes, fires, storms, floods, lightning, and the failure of telecommunications networks or difficulties specific to telecommunications networks external to the customers.
The parties shall consult with each other to assess the impact of the event and agree on the terms under which the contract will continue to be performed. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the affected party.
Article 17 - Intellectual Property
The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights to such content.
Buyers agree not to use this content in any way; any reproduction of this content, in whole or in part, is strictly prohibited and may constitute an act of copyright infringement.
Article 18 - Data Protection
The personal information provided by the buyer is necessary for processing the order and issuing invoices.
They may be shared with the seller’s partners responsible for fulfilling, processing, managing, and paying for orders.
The buyer has the right to access, modify, correct, and object to the use of their personal information at any time. This right may be exercised in accordance with the terms and conditions set forth on the Mbaie Miracle website.
Article 19 - Partial invalidity
If one or more provisions of these Terms and Conditions are deemed invalid or are declared as such pursuant to a law, regulation, or a final decision by a competent court, the remaining provisions shall remain in full force and effect.
Article 20 - Non-Waiver
The failure of either party to assert a breach by the other party of any of the obligations set forth in these general terms and conditions shall not be construed as a waiver of such obligation for the future.
Article 21 - Title
In the event of any conflict between the interpretation of any of the headings above the clauses and any of the clauses themselves, the headings shall be deemed null and void.
Article 22 - Language of the Contract
These Terms and Conditions of Sale are written in French. Should they be translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 23 - Mediation and Dispute Resolution
In the event of a dispute, the buyer may seek assistance through conventional mediation—such as through the Consumer Mediation Commission or existing sector-specific mediation bodies—or through any alternative dispute resolution method (such as conciliation). The mediator’s name, contact information, and email address are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform to facilitate the independent, out-of-court resolution of online disputes between consumers and businesses in the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/
Article 24 - Governing Law
These Terms and Conditions are governed by French law. The competent court is the civil court.
This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer shall first contact the seller to seek an amicable resolution.
Article 25 - Protection of Personal Data
Data collected
The personal data collected on this website are as follows:
- Account creation: Whencreating a user account, the following information is required: last name; first name; email address; phone number; mailing address;
- Login: Whena user logs in to the website, the website records, among other things, the user’s first and last name, login information, usage data, location data, and payment information;
- Profile: Usingthe services available on the website allows you to create a profile, which may include an address and a phone number;
- Payment: Whenusers pay for products and services offered on the website, the website records financial information related to the user’s bank account or credit card;
- communication: whenthe website is used to communicate with other members, data related to the user’s communications is temporarily stored;
- Cookies:Cookies are used when you visit this website. You can disable cookies in your browser settings.
Use of Personal Data
The personal data collected from users is used to provide the website’s services, improve them, and maintain a secure environment. More specifically, the data is used for the following purposes:
- the user's access to and use of the website;
- website operation management and optimization;
- establishment of the terms and conditions for the use of payment services;
- verification, identification, and authentication of data submitted by the user;
- offering users the opportunity to communicate with other users of the website;
- implementation of user support;
- personalizing services by displaying ads based on the user's browsing history and preferences;
- fraud prevention and detection, malware (malicious software), and security incident management;
- handling any disputes with users;
- sending commercial and promotional information, based on the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- When the user uses the payment services, in order to provide these services, the website works with third-party banking and financial institutions with which it has entered into contracts;
- when the user posts information that is publicly accessible in the website’s open comment sections;
- when the user authorizes a third-party website to access their data;
- when the website uses third-party service providers to provide user support, advertising, and payment services. These service providers have limited access to user data, solely for the purpose of performing these services, and are contractually obligated to use such data in accordance with the provisions of applicable data protection regulations;
- If required by law, the website may disclose data to address claims made against the website and to comply with administrative and judicial proceedings;
- If the website is involved in a merger, acquisition, asset sale, or bankruptcy proceeding, it may be required to transfer or share all or part of its assets, including personal data. In such cases, users will be notified before any personal data is transferred to a third party.
Security and Privacy
The website implements organizational, technical, software, and physical cybersecurity measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of information transmitted or stored over the internet.
Enforcement of user rights
In accordance with applicable data protection regulations, users have the following rights, which they may exercise by sending a request to the following address: contact@mbaiemiracle.com
- Right of access: Users may exercise their right of access to view the personal data concerning them. In such cases, before granting access, the website may request proof of the user’s identity to verify its accuracy.
- the right to rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
- the right to erasure: users may request the erasure of their personal data in accordance with applicable data protection laws.
- the right to restrict processing: users may request that the website restrict the processing of their personal data in accordance with the circumstances provided for in the GDPR.
- the right to object to data processing: users may object to the processing of their data in accordance with the provisions of the GDPR.
- the right to data portability: they may request that the website provide them with the personal data they have submitted so that they can transfer it to a new website.
Changes to this clause
The website reserves the right to make changes to this privacy policy at any time. If a change is made to this privacy policy, the website agrees to publish the new version on its site. The website will also notify users of the change via email at least 15 days prior to the effective date. If the user does not agree with the terms of the revised privacy policy, they may delete their account.
Appendix: Cancellation Form
(To be completed by the consumer and sent by certified mail with return receipt requested within 14 days of the date the service contract was entered into)
Withdrawal Form
To the attention of:
Miracle Bay
Located at: 5 Impasse du Château d’eau, 64160 Maucor
Phone number: 0559681920
Email address: contact@mbaiemiracle.com
I hereby notify you of my withdrawal from the contract regarding …………………, ordered on: ………
Consumer's first and last name:……………..
Consumer's address:……………..
Date:………………
Consumer's signature
Appendix
Consumer Code
Article L. 217-4: “The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery.”
“The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation, provided that the seller was contractually responsible for the installation or that it was carried out under the seller’s supervision.”
Section L. 217-5: “The goods are in conformity with the contract:
(1) Whether it is fit for the purpose for which goods of a similar nature are ordinarily intended and, where applicable:
- if it conforms to the description provided by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer may legitimately expect in light of the public statements made by the seller, the manufacturer, or their representative, particularly in advertising or on the label;
(2) Or if it possesses the characteristics mutually agreed upon by the parties or is suitable for any special purpose sought by the buyer, which the buyer has brought to the seller’s attention and which the seller has accepted.”
Article L. 217-6: “The seller is not bound by the public statements made by the manufacturer or its representative if it is established that the seller was unaware of such statements and could not reasonably have been expected to be aware of them.”
Article L. 217-7: “Any lack of conformity that becomes apparent within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.For secondhand goods, this period is set at six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.”
Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. However, the buyer may not contest such conformity by citing a defect of which the buyer was aware or could not have been unaware at the time the contract was entered into. The same applies where the defect stems from materials supplied by the buyer.”
Article L. 217-9: “In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse to comply with the buyer’s choice if that choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless it is impossible to do so, with the option not chosen by the buyer.”
Article L. 217-10: “If repair or replacement of the item is impossible, the buyer may return the item and receive a refund of the purchase price, or keep the item and receive a partial refund of the purchase price. The buyer has the same option: 1) If the solution requested, proposed, or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2) Or if such a solution cannot be implemented without causing significant inconvenience to the buyer, given the nature of the goods and the use for which they are intended. However, the sale may not be rescinded if the lack of conformity is minor.”
Article L. 217-11: The provisions of Articles L. 217-9 and L. 217-10 shall apply at no cost to the buyer. These provisions do not preclude the award of damages.
Article L. 217-12: “The right to bring an action for lack of conformity expires two years after delivery of the goods.”
Article L. 217-13: “The provisions of this section do not deprive the buyer of the right to bring an action for latent defects as provided for in Articles 1641 through 1649 of the Civil Code, or any other contractual or non-contractual action to which the buyer is entitled by law.”
Article L. 217-14: “The final seller may bring a recourse action against successive sellers or intermediaries and the manufacturer of the tangible movable property, in accordance with the principles of the Civil Code.”
Article L. 217-15: “A commercial warranty refers to any contractual commitment made by a seller to a consumer regarding the refund of the purchase price, the replacement or repair of the goods, or the provision of any other service related to the goods, in addition to the seller’s legal obligations to ensure the conformity of the goods.
The commercial warranty is the subject of a written contract, a copy of which is provided to the buyer.
The contract specifies the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor.
Furthermore, it clearly and precisely states that, regardless of the commercial warranty, the seller remains bound by the legal warranty of conformity referred to in Articles L. 217-4 through L. 217-12 and by the warranty relating to defects in the item sold, under the conditions set forth in Articles 1641 through 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to invoke it.”
Article L. 217-16: “If, during the term of the commercial warranty granted to the buyer upon the purchase or repair of a movable item, the buyer requests that the seller perform repairs covered by the warranty, any downtime of at least seven days shall be added to the remaining term of the warranty.”
This period begins on the date of the buyer’s request for service or on the date the item in question is made available for repair, if such availability occurs after the request for service.”
Civil Code
Article 1641: “The seller is liable under the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have purchased it, or would have paid only a lower price for it, had the buyer known of such defects.”
Article 1648: “An action based on latent defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller may be relieved of liability for apparent defects or lack of conformity.”
