General Terms andConditions of Use
Last updated on 25.04.2024

PREAMBLE
The company Colibri SAS with Company Number No. 752 979 930 and registered address at:
52 rue Bayen 75017 Paris – France (hereinafter ‘ManoMano’) operates a website (hereinafter‘the Platform’) which enables consumers (hereinafter ‘the Buyers’) to be put in contact withsellers (hereinafter ‘the Sellers’) for the online purchase of goods relating to DIY, gardening,decoration and pet supplies (hereinafter ‘the Products’).
This Platform is accessible to all Buyers at the URL www.manomano.co.uk.
Buyers are informed and acknowledge that the Platform is reserved for use by consumers
within the meaning of the Consumer Rights Act 2015, that is any individual acting for
purposes that are wholly or mainly outside that individual's trade, business, craft or
profession.
It should be noted that Manomano acts as an intermediary and is in no way a reseller of the
Products offered by the Sellers on the Platform.
Products are shipped and delivered to the Buyers by the Sellers under their sole
responsibility.

ARTICLE 1 - ACCEPTANCE AND AMENDMENT OF THE
GENERAL TERMS AND CONDITIONS OF USE
The aim of the General Terms and Conditions of Use of the Platform (hereinafter the ‘T&Cs’ or‘General Terms and Conditions of Use’) is to define the conditions for accessing and using
the Platform and its Services.
The User must read these General Terms and Conditions before submitting an Order. These1

terms explain who ManoMano is, how and when contracts may be terminated and theBuyer’s rights. By using the Services, you signify your agreement to be bound by these T&Cs.
Any use of the Platform and the Services involves the prior express unreserved acceptance of
the T&Cs by the User. The User is informed of and acknowledges when creating his or her
Personal Account that by clicking on the ‘Sign up’ button preceded by the statement ‘Byclicking on Sign up, you agree to our terms of service (T&Cs)’, he or she is bound by all of theprovisions of the T&Cs. If the User does not agree to the T&Cs, the User may not use theServices on the Platform.
ManoMano retains the right to terminate or suspend access to the Platform at any time,
unilaterally and without prior notice, to any User failing to comply with these T&Cs.
The User is informed that the T&Cs of the Platform may be amended at any time unilaterally
by ManoMano primarily in order to comply with any developments of its Services or any legal,
judicial, editorial and/or technical developments. Manomano shall use its best commercial
endeavours to inform the User of the amendments made to the Services and/or to the T&Cs
via e-mail or via a special notice displayed on the Platform.
The T&Cs that are applicable to every Order made on the Platform are those accessible online
at the time the Order is confirmed by the User and attached to the Order confirmation e-mailreceived by the Buyer.
The User is reminded that it is the User’s responsibility to consult the latest version of the
T&Cs accessible on each page of the Platform before all new Orders.

ARTICLE 2 - DEFINITIONSBasket: refers to the place where the User puts Products with a view to ordering them.
Concrete Guarantee: refers to the commercial guarantee provided by ManoMano to
facilitate the resolution of legal disputes connected to Orders arising between the Sellers andBuyers, of which the terms and conditions of implementation are described in the annex tothese T&Cs.
Exit Day: refers to the 31st October 2019 at 11.00 p.m or such other date as agreed between
UK and the European Union for the UK will leave the EU in accordance with Article 50(3) of theTreaty on European Union.
Expert Advisor: refers to any individual or legal entity (self-employed person or company)
with a passion for gardening and/or DIY and who acts on the Platform to advise Buyers andhelp them with their purchase decision.
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General Terms and Conditions of Sale or Sale T&Cs: refer to the terms and conditions ofsale of the Products offered by the Seller. They are accessible in the Seller Factsheet andgovern the Orders made by the Buyers with the Sellers.
Order: refers to any purchase of a Product by a Buyer from one or more Sellers via the
Platform.
Partner: refers to any legal entity with which ManoMano has concluded a partnership.
Personal Account: refers to the Buyer’s personal area in which he or she can access his or
her personal information, purchase history and the lists of the Products which he or she has
set aside after having logged in.
Price: refers to the total price of the Product, including tax, payable by the Buyer, but
excluding the shipping costs defined on a flat-rate basis according to the shipping method.
Product Factsheet: refers to the descriptive factsheet for each Product sold on the Platformcomprising photographs, text, illustrations, images, and/or videos submitted by each Seller to
ManoMano for the description of the Products that it sells.
Seller Factsheet: refers to the factsheet summarising all of the information related to theSeller on which its General Terms and Conditions of Sale are primarily accessible to the Userson the Platform.
Services: refers to all the functionalities made available to Users by ManoMano and available
on the Platform.
User: refers to any person who uses the Platform or its Services.
User Credentials: refers to the e-mail address and password chosen by the User to identify
him or her and allow the User to access the Services of ManoMano.

ARTICLE 3 – TERMS AND CONDITIONS OF ACCESS TO
THE PLATFORM
3.1. General information
The Platform is accessible free of charge to any User at the address ‘www.manomano.co.uk’.
The User must have access to the internet.
The User is responsible for the software and equipment required for the Platform Services to3

work and be used, or access to the internet. The User is solely responsible for the proper
functioning of his or her IT equipment and his or her access to the internet.
The purchase of Products from the Sellers is subject to payment in compliance with the‘Financial provisions’ article of these T&Cs of the Platform.
Any User can access, consult or use all or parts of the Platform. Any User can also subscribe to
the newsletter of ManoMano.
To be able to buy Products on the Platform, the User must be a natural person, aged 18 years
old and, more generally able to sign contracts.
Buyers therefore acknowledge that by placing an Order on the Platform, they are treated as"consumers" and are subject to the provisions of the Consumer Rights Act 2015.

3.2. Creation of a Personal Account or a Guest AccountTo be able to buy Products on the Platform, the User must create a Personal Account or a
Guest Account.

3.2.1. Creation of a Personal Account
The creation of a Personal Account enables the User to:
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manage his or her personal information (postal address, e-mail address, password);
create his or her DIY profile and download his or her videos to the Platform;
run a simulation of an Order (calculation of the delivery charges and the total amountof the Order);make an Order for Products on the Platform;
obtain the detail of his or her Order (price of the products / cost of delivery);obtain information on the Orders to be paid by bank transfer;contact the Sellers with which an Order has been made;contact ManoMano’s customer services;
request an invoice.

The User can create a Personal Account:●●by clicking on the ‘Sign up’ tab in the ‘Account’ section; orin the context of placing an Order.

To create his or her Personal Account, the User must provide (i) a valid e-mail address and (ii)a password that does not violate third-party rights. The User undertakes to keep his or her
password confidential.

4The User may request that his or her Personal Account be deleted at any time.

3.2.2. Creation of a Guest Account
The creation of a Guest Account enables the User to:
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run a simulation of an Order (calculation of the delivery charges and the total amountof the Order);make an Order for Products on the Platform;
obtain the detail of his or her Order (price of the products / cost of delivery);obtain information on the Orders to be paid by bank transfer;contact the Sellers with which an Order has been made;contact ManoMano’s customer services;
request an invoice.

The User can create a Guest Account in the context of placing an Order by providing a valid
e-mail address that does not violate third-party rights.

3.3. Refusal of access to the Platform
When the User creates his or her Personal Account or Guest Account, he or she undertakeswith full responsibility, control and direction to enter data which enables his or her
identification and undertakes to communicate complete, accurate and up-to-date informationand to not usurp the identity of a third party, nor to disguise or change his or her age.
The User also undertakes to:
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provide authentic, accurate and complete information with respect to his or her
identity, address and other data required for access to the Platform, in a way as to not
mislead ManoMano or the Sellers or any third party;
update any change concerning this information;
not access a Personal Account belonging to another User;
take all the necessary measures to protect his or her User Credentials as well as his or
her own data from any attacks;
not use their Personal Account or Guest Account for professional purposes.

ManoMano reserves the right to suspend or refuse access, without notice or compensation,
temporarily or definitively, to all or part of the Platform and/or to its Services and content incase of serious and/or repeated violation(s) by the User of the provisions of these T&Cs, inparticular, and not limited to, in case of providing false, inaccurate, incomplete or outdated
information, or in case of payment fraud, attempted fraud or any other criminal offence.

3.4. Availability of the Platform
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ManoMano shall use its best commercial endeavours to ensure the availability of the
Platform. ManoMano does not guarantee that the Platform works in every operating
environment and that it is available all the time with no disruptions or errors, nor that all of
the errors can be corrected. The availability of the Platform is subject to a simple obligation ofmeans.
As the Platform is constantly developing, it is subject to one-off changes and/or temporary or
permanent disruptions without notice, in particular for maintenance reasons. ManoMano
shall not under any circumstances be liable in the case that the Platform is unavailable due tothese changes.
In this context, ManoMano reserves the right to interrupt, momentarily suspend or amend
without notice access to all or part of the Platform in order to ensure maintenance or for any
other reasons without the disruption conferring a right to any obligation or compensation.

ARTICLE 4 - BEHAVIOUR OF THE USER
4.1. General behaviour of the Users
The User confirms and acknowledges that all information, data, text, messages or any othercontent that he or she publishes on the Platform (hereinafter ‘Contribution’) is under his or
her full and sole responsibility.
The User undertakes to not publish Contributions contrary to current legislation andregulations.
In particular, the User is banned from:
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distributing information contrary to public policy or morality;
hijacking the purpose of the Platform and/or Services for propaganda or proselytism,prospecting or solicitation;
publishing information of a commercial or advertising nature or constituting
propaganda for tobacco, alcohol or any other regulated substance, product or service;
distributing Contributions contravening the rights of a third party or of a defamatory,
injurious, obscene, pornographic or offensive nature or inciting discrimination orpolitical, racist, xenophobic, sexist or homophobic violence;
publishing information contravening the legislation on the protection of personal data
enabling the identification of natural persons without their consent, in particular theirsurname, postal address and/or e-mail address, telephone number, photograph,sound or audio-visual recording, or collecting and storing personal data relating toother Users;
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fraudulently accessing the Platform and Services, as indicated in the General Terms
and Conditions of Use of the Platform;
transmitting any message containing computer viruses or any other code, file orprogram designed primarily to disrupt, destroy or restrict the functionality of any
software, computer or telecommunication device;harassing another or several other Users in any way;providing information linking to other sites (whether by creating hypertext links or bysimply providing information), the content of which would be likely to contravene any
current law or regulation, and in particular would be likely to violate the rights ofpeople and property and/or intellectual property rights.

The User is banned from making threatening, insulting, defamatory or disrespectfulcomments towards ManoMano and/or its employees and/or the Sellers and/or the Expert
Advisors.
The User is also banned from violating third-party intellectual property rights. The User
undertakes to respect the current legislation and regulations and to only use content for
which he or she holds the rights, or for which the holder of the rights has given his or her
express consent to its distribution, or which is free from any rights.
The User undertakes to indemnify ManoMano from any claim, loss or damage directly or
indirectly arising from the User failing to comply with this obligation.

4.2. Fraudulent behaviour
Any User who acts fraudulently contrary to these General Terms and Conditions of Use risks
civil and criminal proceedings which infringe in particular copyright, ancillary rights, rights ofproducers of databases and automated data processing systems.
Proceedings may be brought by ManoMano against the User who would not comply withthese provisions.

ARTICLE 5 - ORDER PROCESSThe Order process on the Platform follows the following steps:
1. To order a Product, the User must select the desired Product and click on the ‘Add tobasket’ tab. This is the offer to purchase the Product.
The User can add other Products by clicking on the ‘Continue shopping’ or finalise his or her
Order by clicking on the ‘Confirm basket’ tab.
At this stage, the User has a summary of his or her basket. He or she can then edit or update7

his or her Basket.
2. To continue his or her Order, the User must click on the ‘Confirm basket’ button.
3. If he or she has a Personal Account, the User must then enter his or her e-mail address
and password to log in to his or her Personal Account. If he or she does not have a
Personal Account, the User must create a Personal Account or Guest Account as
described in Article 3.2 of the T&Cs.
4. The User must then enter his or her information relating to the delivery: surname,forename, delivery address and telephone number.
5. The User must then select a delivery method and validate it by clicking on the ‘Confirm
delivery’ tab.
At this stage, the User can check and edit his or her Order again.
6. To finalise his or her Order, the User must then select his or her payment method andproceed to pay for his or her Order by clicking on the ‘Order and pay’ tab.
By clicking on the ‘Order and pay’ tab, the User expressly and unreservedly accepts these
T&Cs of the Platform and the General Terms and Conditions of Sale of the Seller who is selling
the purchased Product. The General Terms and Conditions of Sale of the Sellers are available
on each Seller Factsheet.
7. When the payment of his or her Order is validated, the Buyer will receive an Orderconfirmation e-mail. This is the acceptance of the offer made by the Buyer.
8. When the Seller ships the Order, the Buyer receives a confirmation e-mail that theProduct has been shipped. If the Buyer has bought Products from different Sellers, heor she will receive a shipping confirmation e-mail from each Seller.
The sales contract is concluded between the Buyer and the Seller at the time the Seller sends
the Order confirmation e-mail.

ARTICLE 6 - EXPERT ADVICE SERVICE FOR USERS BY
THE EXPERT ADVISORSThe Platform offers Users the possibility of receiving advice online, by chat, telephone oremail, from an Expert Advisor.
Expert Advisors are available to answer Users' questions about the Products sold on the
Platform. In this context, the Expert Advisor may help the User by chat, email or telephone, tofind the Product best adapted to his/her needs and/or may advise him/her on the user
instructions and the Product’s compatibility with other Products.
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The User is informed that the Products are selected by the Expert Advisor, according to his
free will and according to the needs formulated by the User. The Expert Advisor undertakes topropose Products that can work correctly together due to their technical and/or physicalspecificities.
The use of the advisory services provided by an Expert Advisor does not commit the User topurchase the Products that the Expert Advisor has advised him/her to purchase.

ARTICLE 7 - FINANCIAL TERMS
7.1. Sale price and terms of payment
The sale prices of the Products on the Platform are indicated in pounds, including all taxes,
but do not include delivery charges which will be indicated to the User during the purchaseprocess before finally placing his or her Order.
The Buyer acknowledges that the Seller in its entire discretion determines the Prices of the
Products advertised on the Platform. In addition, in the event of price reductions, the Seller
solely determines the relevant reference price, the reduction in Price and the publishedreduced Price. The User acknowledges and agrees that ManoMano does not have any control
whatsoever on the reference price determined by the Seller.
The Buyer proceeds to payment for his or her Orders directly from ManoMano, according to
the payment terms available on the Platform.
The payment of the Orders placed via the Platform is made to ManoMano or to payment
service providers which collect the funds on behalf of the Seller.
Any Order coming from a Buyer who has not fully or partially paid a previous Order or withwhich a payment dispute is in progress may be refused.

7.2. Billing
For each Product sale, the Buyer may access his or her invoice which will be either:●●●included in the delivery package, oraccessible on his or her Personal Account in the event of a specific request to the Seller
via ‘Order history’ or,sent by e-mail to the Buyer when the Order is confirmed.

In the event of delivery outside the United Kingdom, the Order will then be subject to customs
9duties and possible taxes, for which ManoMano will be neither responsible nor in charge ofthe terms and conditions.

7.3. Terms of refunding the Buyer
ManoMano uses the same payment method as the one that the Buyer used when placing his
or her Order to refund the Buyer, irrespective of the reason for refunding the Order.

ARTICLE 8 - DELIVERY OF THE PRODUCTS BY THE
SELLERS8.1. Delivery costs
The minimum delivery costs applicable to the Order of a Product are indicated on the Product
Factsheet below the sale price.
The final delivery costs which the Buyer should pay will be communicated in the Order
process in the ‘Delivery of your purchases’ stage.

8.2. Terms of delivery
The Buyer is informed that the URL www.manomano.co.uk is solely for the promotion andsale of the Products in the U.K and Products may only be delivered if:●●●

the Seller offers delivery in the United Kingdom only ; orthe Buyer has a delivery address valid in United Kingdom ; orif the Buyer can collect the Products from a collection point located in the United
Kingdom.

The Products are delivered by the Seller to the address indicated by the Buyer when he or sheplaces his or her Order. The Product is the Buyer’s responsibility from the time it is delivered
to this address.
The Seller can offer different delivery methods to the Buyer, directly to the address indicatedby the Buyer when he or she places his or her Order and/or to a collection point.
The Buyer selects and validates the delivery method in his or her Order in the ‘Order delivery’step.
The Buyer may choose between the different delivery methods offered by the Buyer (bycarrier, by post or by another delivery method) and their respective prices.
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The Buyer can follow the status of his or her Order in his or her Personal Account in the‘Account’ section.

8.3. Receipt of the Products
The Buyer must check the condition of the Products upon receipt in order to be able toconfirm their compliance with the Order.
In the event of non-conformity or apparent deterioration of the package, when the package ishand-delivered to the Buyer and when it is possible to check the Product at the time ofdelivery, the Buyer must immediately make a complaint to the carrier about the condition of
the package and the Product, if the Product or its packaging has been damaged duringtransport.

8.4. Delivery delay/absence
In the event of delay or full or partial non-receipt of the Product(s) ordered, the Buyer isinvited to contact the Seller from the delivery date agreed in order to solve the problem.
The Buyer can contact the Seller via his or her Personal Account.
In the event of no response or an unsatisfactory response from the Seller within the time
periods allowing for a Concrete Guarantee to be initiated as specified in Annex 1, the Buyer
can ask ManoMano to open a Concrete Guarantee.

8.5. Product returned to the Seller
If a Product is returned to the Seller for a reason, such as ‘unclaimed’ or ‘does not live at theaddress indicated’:●●

the Buyer will be refunded with the price of his or her Order (excluding Product return
costs); and/orin the event of agreement between the Buyer and Seller, the Product may be resent to
the Buyer in which case, the Buyer must pay the associated costs (costs for returning
the product and costs for resending it).

After one month with no communication from the Buyer, the Products will no longer be
shipped and the Buyer shall not be entitled to refund, exchange or compensation.

8.6. Liability of the Seller
The Seller is fully liable with respect to the Buyers for the fulfilment of the Orders placed via
the Platform and in particular the proper flow of the Products by its carriers.
11Consequently, the Seller is fully liable with respect to the Buyers for any problem linked to thedelivery (delivery delay, defect on the Product delivered, Product broken during the transport,
Product never delivered due to theft, an error by the Seller and/or the carrier it engaged, etc.),
except in the case of an error attributable to ManoMano during the communication of theSeller’s Order information.

8.7. Transfer of Risk
The Buyer is fully responsible for the Products from the time of delivery to the addressprovided with the Order.

8.8. Transfer of title
Title in the Product ordered passes to the Buyer upon receipt of full payment by ManoMano.

ARTICLE 9 - RIGHT OF WITHDRAWAL
In compliance with the applicable legislation, the Buyer has a period of fourteen (14) calendar
days to exercise his or her right of withdrawal and receive a refund without having to justify
reasons or pay penalties, with the exception of the costs of returning the Product for
which he or she is liable.
The conditions for exercising this right of withdrawal are detailed in the T&Cs of each Seller
and in the FAQs accessible here.
Each refund will be made via the intermediary of ManoMano in agreement with the Seller.

ARTICLE 10 – NON-COMPLIANT, INCOMPLETE OR
DEFECTIVE PRODUCTS
10.1. Receipt of a non-compliant, incomplete or defective ProductIn the event of receipt of a deteriorated, defective, incomplete or non-compliant parcel, theBuyer is invited to contact the Seller in order to solve the problem.
The Buyer can contact the Seller via his or her Personal Account under the terms andconditions described in the FAQs, accessible here.
In the event of no response or an unsatisfactory response from the Seller within the time12

periods allowing for a Concrete Guarantee to be opened specified in Annex 1, the Buyer can
ask ManoMano to open a Concrete Guarantee.

10.2. Legal guarantees
The Seller acting in a professional capacity undertakes to comply with the legal and regulatory
provisions relating to online and distance selling.
In this regard, and with the exception of the guarantee offered by ManoMano, the Seller is
primarily bound by the legal warranties that the Products meets the description, are fit for
purpose and of a satisfactory quality.
The terms and conditions for exercising these legal guarantees are detailed under the T&Cs of
the Seller.
Each refund, irrespective of the reason, will be made via the intermediary of ManoMano
which will have the right to refuse it in agreement with the Seller.
ManoMano cannot be involved in the guarantees assumed by the Sellers in any way.

ARTICLE 11 - CONCRETE GUARANTEE
Without prejudice to the User’s rights and warranties available under the law, ManoMano has
put a commercial guarantee in place for the eligible Buyers, the so-called “Concrete
Guarantee”, in order to facilitate the resolution of potential disputes which arise between the
Buyers and Sellers on the following grounds:
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Cancellation of an Order not shipped
Order not shipped
Order not delivered
Product delivered damaged or broken
Order not in accordance with listing
Product shown to be defective when used
The Seller has not responded to a withdrawal request
Following a complaint, the Buyer did not receive the expected refund, whereas the
Product was returned to the Seller
Following a complaint, the Buyer did not receive the Product or part of it that shouldhave been shipped to them again by the Seller
Invoice or credit note not received or incorrect

The terms and conditions of opening and implementing the Concrete Guarantee aredescribed in Annex 1 of these T&Cs.
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ARTICLE 12 – SPARE PARTS
The Buyer can contact the Seller at any time to find out the period during which or the dateuntil which the spare parts crucial for the use of the Product are available.

ARTICLE
13–
RATING, REFERENCING AND
CLASSIFICATION OF THE SELLERS AND PRODUCTS
ManoMano has implemented a rating system on the Platform enabling the Buyer to leave an
opinion on the purchased Product and on his or her buying experience on the Platform.
This rating system is described in the ‘Consumer information’ section.

ARTICLE 14 – NEWSLETTER
Any User who does not have a Personal Account and wishes to receive the ManoMano
newsletter must register online. To subscribe to the newsletter, the User must enter his email
address in the corresponding field.

ARTICLE 15 – INTELLECTUAL PROPERTY
15.1. Content of the Platform
Any use, reproduction, copy, distribution of one or more elements of the Platform foranything other than private use is banned.
All of the content and Services of the Platform, including to an unlimited extent, the domain
name, text, artwork, graphics, photographs, illustrations, sounds, images, audio and video,
but also the structure, site map, design and organisation of its sections, their headings,
existing or upcoming, is protected by intellectual property and/or commercial rights,
held,claimed, or licensed by ManoMano, with the authorisation of the holders of these rights,
and if necessary, of the Sellers and/or its Partners.
ManoMano grants all Users a non-exclusive, personal and non-transferable right to use thePlatform and the Services for their personal use. This right is granted for the length of time14the Platform is used. This granting of rights does not constitute the transfer of any intellectual
property and/or commercial right to the User.
Consequently, all Users are banned from reproducing in any format, directly or indirectly, theelements referred to in the previous paragraphs, as well as altering brands, patents, names,
abbreviations, logos, colours, graphics or other trademarks featuring on the elements
provided by ManoMano and more generally use or exploit these elements.

15.2. Databases
ManoMano is the producer and owner of all or part of the databases, their structure and theircontent comprising the Platform subject to the respective rights held by the Sellers and/or its
Partners.
By accessing the Platform, the User acknowledges that the data comprising it is legally
protected, and, that he or she is banned from extracting, reusing, storing, reproducing,
representing or preserving, directly or indirectly, in any medium, by any method and in any
format, all or partially qualitatively or quantitatively substantial, of the content of thedatabases featuring on the Platform to which he or she has access, as well as repeatedly andsystematically extracting or reusing qualitatively and quantitatively non-substantial parts if
these operations manifestly exceed the conditions of normal use.

15.3. Trademarks
ManoMano primarily holds the copyrights to the term ‘ManoMano’ and the associated logo(s)in the European Union. Any use of the trademark ‘ManoMano’ and any other trademarks,
figurative or not, belonging to ManoMano or to third parties without prior express consent
exposes the User to criminal and/or civil proceedings.

15.4. Content of the Product Factsheets
The content of the Product Factsheets, primarily including all photographs, text, illustrations,images and/or videos describing the Products sold on the Platform, are put online by the
Sellers at their sole responsibility.
Consequently, the User shall not hold ManoMano liable in the case where the content of the
Product Factsheets provided by the Sellers infringe the rights of third parties.
In the event of proven infringement of the rights of a third party with respect to the
publication of all or part of a Product Factsheet on the Platform, ManoMano undertakes toendeavour to promptly take measure to stop this infringement as soon as it is aware of it andwithdraw the litigious content from the Platform.
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ARTICLE 16 – ROLE AND LIABILITY OF MANOMANO
ManoMano, in its capacity as operator of the Platform, acts as an intermediary for connecting
Sellers, Users and Buyers on the Platform.
In its capacity as host, ManoMano shall not be liable as a result of activities or information
stored on the Platform if it has no knowledge of their illicit nature or any facts orcircumstances making this character come to light or if, from when it became aware of it, it
has acted promptly to withdraw this data or to render access to it impossible.
Consequently, ManoMano is not liable with respect to:●●●

the Product Factsheets and Seller Factsheets, and more broadly all content and/or
information provided by the Sellers on both the features of the Products and theircondition or their price, the Sellers being solely liable for the proper performance of
their legal precontractual information obligations with the Buyers, as well as theaccuracy and completeness of the information and content that it provides andwhether it is up-to-date, except for when it is established that ManoMano is at fault;
the opinions posted by Buyers following their Orders;
advice given via the Platform by the Expert Advisors.

Furthermore, ManoMano is not subject to a general obligation to monitor the informationtransmitted by the Sellers and stored on the Platform on their account.
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The Products are sold by the Sellers on the Platform at their sole liability;
ManoMano is not party to the sales contract concluded between the Buyers andSellers when Orders are placed nor is it the Seller’s agent.

Consequently, ManoMano would not be held liable for any disputes linked to Orders placed
via the Platform, except if it is established to be at fault.
ManoMano shall not be liable:●●●

in case of deletion, no storage capacity, incorrect or inopportune transmission of
information or data appearing on the Platform or resulting from the Services;in case of damages incurred by the User linked to the performance or
non-performance of the Services of the Platformin case of damage likely to result from downloading or using the information or data
available on the internet via the Services of the Platform, such as damage caused on IT
systems, data losses.
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ARTICLE 17 - PERSONAL DATA
When navigating the Platform and using the Services which are offered there, personal data
concerning Users is collected and processed by ManoMano.
For more information on the processing of personal data carried out in this context, you canconsult our data protection policy, accessible here.

ARTICLE 18 - REPORTING CONTENT
ManoMano has put a tool in place enabling any User to report any publication of an illegal
nature on the Platform, in particular any content promoting crimes against humanity and actsof terrorism, inciting racial hatred and hatred of people because of their gender, their sexual
orientation or identity or their disability, as well as child pornography, inciting violence (inparticular, inciting sexual and sexist violence), as well as undermining human dignity in orderto enable the removal of the content in question.
Any user can also request that ManoMano removes content protected by intellectual property
rights.
To request the removal of content, the User must send a letter to ManoMano’s legal team at
the address 52 rue Bayen 75017 Paris, providing the following information:
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for natural persons: their surname, forename, residence and telephone number;for legal entities: their name, company name, address, telephone number and theidentity of their legal representative;
a description of the illegal content;
the reasons for the withdrawal request of the illegal content , including the legal
provisions and justification for the facts;
the date on which the illegal content was noticed;
the URL of the illegal content.

ARTICLE 19 - GENERAL PROVISIONS
To be admissible, all notifications by a User should be detailed, indicate clearly the reasons fordissatisfaction and be sent to ManoMano by letter, e-mail or via his or her Personal Account.
A customer service is also accessible from Monday to Friday, from 8am to 8pm, Saturday from
9am to 6pm and Sunday from 9am to 3pm., at the following number 01766 808005, where17any question or complaint from the User can be dealt with.
The parties are not liable for any delay or non-performance if these are linked to an event
outside either party’s control , as defined by the provisions or, more generally, by establishedcase-law,
In the event that a provision of the General Terms and Conditions of Use becomes invalid,
unenforceable, obsolete, illegal or inapplicable due to a law, a regulation or following a court
ruling, this shall not affect the validity, legality or applicability of the other provisions of the
T&Cs and shall not absolve the User from performing his or her valid contractual obligations.
No failure or delay by a party to exercise any right or remedy provided under the General
Terms and Conditions of Use or by law shall constitute a waiver of that or any other right orremedy, nor shall it prevent or restrict the further exercise of that or any other right orremedy. No single or partial exercise of such right or remedy shall prevent or restrict thefurther exercise of that or any other right or remedy.
Unless it expressly states otherwise, the General Terms and Conditions of Use does not giverise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of
the General Terms and Conditions of Use.

ARTICLE 20 – DISPUTES AND APPLICABLE LAW
These T&Cs of the Platform are governed by English law. They are written in English. In thecase where they are translated into one or more languages, only the English text shall prevailin the case of dispute.
In compliance with the applicable legislation, the Buyer may bring an action in the jurisdictionof the place where he or she resides at the time the contract is concluded or the damage
occurs in addition to one of the competent jurisdictions.
The European Commission provides EU consumers with an online dispute resolution platform
to resolve disputes amicably. Consumers can up until the Exit Day lodge a complaint on thefollowing link: http://ec.europa.eu/consumers/odr/.

18

ANNEXE 1 - CONCRETE
GUARANTEE(COMMERCIAL GUARANTEE)
ManoMano wished to put in place a commercial guarantee, hereinafter referred to as the"Concrete Guarantee", to facilitate the resolution of certain incidents affecting the Orders
placed on the Platform by Buyers. If the conditions of the Concrete Guarantee are met and noaction is implemented by the Seller to respond to the complaint, ManoMano may act by
refunding the Buyer, partially or totally as the case may be, at the expense of the Seller.
It is recalled that, independently of this Concrete Guarantee, the Seller remains bound by its
legal obligations incumbent on it for each country of delivery of the Product (legal guarantees,right of withdrawal, etc.) as well as by its contractual obligations towards Buyers.
The Concrete Guarantee that applies is that of the country in which the Buyer has placed theOrder. Its implementation is not conditional on the payment of an additional sum by the
Buyer.
The operation as well as the terms and conditions for implementing the Concrete Guarantee
are described below.

I. GENERAL INFORMATION ON THE OPERATION OF
THE CONCRETE GUARANTEE
1. How to open a Concrete Guarantee
In order for a Concrete Guarantee to be opened by ManoMano, the following three conditions
must be fulfilled:
Condition 1: The incident affecting the Buyer's Order must correspond to one of thecases provided for in the article "II- Incidents covered by the Concrete Guarantee" andset out below:
1. Cancellation of an Order not shipped
2. Order not shipped19

3. Order not delivered
4. Product delivered damaged or broken
5. Order not in accordance with listing
6. Product shown to be defective when used
7. The Seller has not responded to a withdrawal request
8. Following a complaint, the Buyer did not receive the expected refund, whereas the Productwas returned to the Seller
9. Following a complaint, the Buyer did not receive the Product or part of it that should havebeen shipped to them again by the Seller
10. Invoice or credit note not received or incorrect
Condition 2: The specific conditions and deadlines required for the opening of aConcrete Guarantee and detailed for each incident in the article "II- Incidents covered by theConcrete Guarantee" must be fulfilled; andCondition 3: ManoMano must be aware of the incident affecting the Buyer's Order,
including following a complaint from the Buyer to ManoMano.
In any event, a Concrete Guarantee may not be opened by ManoMano when:- the Buyer has not paid the full price of their Order, or, in the event of subscription tothe option to pay in several instalments (when offered), has not paid the firstmonthly payment;- payment of the Order by bank card has been rejected by the issuing bank;- the Product was fraudulently purchased on the Platform;- the Buyer has not sent the Seller or ManoMano the information requested for thehandling of their claim within a maximum period of thirty (30) calendar days
(additional information on the incident encountered, etc.).
ManoMano shall inform the Buyer by email that:- a Concrete Guarantee has been opened; or- the request to open a Concrete Guarantee has been refused. ManoMano shall state
the reasons for its refusal.

2. What happens when a Concrete Guarantee is opened?
●

The Seller has a time limit within which to implement a satisfactory solution

From the opening of a Concrete Guarantee by ManoMano, the Seller has a certain period oftime to implement a solution that would lead to the incident being resolved. The solution that
the Seller must implement and the time within which it must act depends on the incident (see"II- Incidents covered by the Concrete Guarantee").
20

Once the Seller has implemented a satisfactory solution within the specified period, theConcrete Guarantee is closed by ManoMano in favour of the Seller: ManoMano does not
trigger the refund of the Order at the expense of the Seller (a satisfactory solution has
previously been provided by the Seller).
●If the Seller has not implemented a satisfactory solution by the end of the period,
the Buyer is refunded

When the Seller has not implemented a satisfactory solution in the period within which it mustact (see "II- Incidents covered by the Concrete Guarantee"), the Concrete Guarantee is closed
in favour of the Buyer: the Buyer's Order is refunded at the expense of the Seller (partial or
full refund as the case may be, and possibly the delivery fees).
In any event, a Buyer may not be refunded an amount greater than the amount of their Order.

3. In which cases may the duration of the Concrete Guarantee
be extended?
The duration of the Concrete Guarantee may be extended by ManoMano, on its own initiative
or at the request of the Seller, under the following conditions:- when the Seller has opened an investigation with the carrier and the latter is still inprogress at the time the Concrete Guarantee must be closed (in the absence ofdelivery reported by the Buyer): the Concrete Guarantee may be extended by amaximum of ten (10) calendar days from the initial closing date of the Concrete
Guarantee;- when the Seller has shipped a Product or item, the delivery of which is still in progressat the time the Concrete Guarantee must be closed: the Concrete Guarantee may be
extended by a maximum of fifteen (15) calendar days from the initial closing date of
the Concrete Guarantee;- when the Seller has initiated an expert assessment of the Product and this assessment
is still in progress at the time the Concrete Guarantee must be closed (in the event of adefect reported by the Buyer): the Concrete Guarantee may be extended by amaximum of fifteen (15) calendar days from the initial closing date of the Concrete
Guarantee;- when the Buyer has returned a Product to the Seller and delivery is still in progress at
the time the Concrete Guarantee must be closed: the Concrete Guarantee may be
extended by a maximum of fifteen (15) calendar days from the initial closing date of
the Concrete Guarantee;- when the Buyer does not respond to the Seller's or ManoMano's requests for
additional information to manage and/or follow up the file and the Concrete
Guarantee must be closed (pending the sending of a sworn statement, confirmation of
the resolution of the incident, etc.): the Concrete Guarantee may be extended for a21

maximum of seven (7) calendar days from the initial closing date of the Concrete
Guarantee.

II.

INCIDENTS
GUARANTEE

COVERED

BY

THE

CONCRETE

1. Cancellation of an unshipped Order●

What are the specific conditions for opening a Concrete Guarantee?

If the two conditions set out below are met, a Concrete Guarantee may be opened by
ManoMano.
Condition 1: The Buyer has sent a message to the Seller, via their Personal Account, torequest the cancellation of their Order at the time when the Order has not yet been
shipped by the Seller (the status of the Order, accessible via the Personal Account, indicatesthat the Order is "pending validation" or "being prepared"); andCondition 2:
1. At the end of a period of two (2) working days from the Buyer's message, theSeller has not responded to the Buyer (excluding automatic message) or has indicatedthat it refuses the request for cancellation of the Order (without justifying a logisticalconstraint that would cause difficulties in terminating the shipment process).
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of two (2) working days;or
2. After a period of four (4) working days from the Buyer's message, the Seller has
not cancelled and refunded the Order (price of the Product(s) and any delivery fees).
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of four (4) working days.
●

What happens when a Concrete Guarantee is opened?

When a Concrete Guarantee is opened by ManoMano, the Seller has an additional period oftime to act:
1. The Seller has a period of two (2) working days from the date of opening theConcrete Guarantee to respond to the Buyer's or ManoMano's message (excluding
automatic message).
Failing this, or when the Seller has indicated that it refuses the Buyer's request tocancel the Order (without justifying a logistical constraint that would cause difficulties
22

in terminating the shipment process), ManoMano closes the Concrete Guarantee infavour of the Buyer at the end of this period of two (2) working days; or
2. The Seller has a period of five (5) working days from the date of opening theConcrete Guarantee to cancel and refund the Order (price of the Product(s) and any
delivery fees).
Failing this, ManoMano closes the Concrete Guarantee in favour of the Buyer at theend of this period of five (5) working days.
When the Concrete Guarantee is closed in favour of the Buyer, the Order is refunded at the
Seller's expense (full refund of the price of the Product(s) and any delivery fees).

2. Order not shipped● What are the specific conditions for opening a Concrete Guarantee?
If the three conditions set out below are met, a Concrete Guarantee may be opened by
ManoMano.
Condition 1: As of the latest delivery date as specified in the Order confirmation email,the Order has still not been shipped by the Seller (the status of the Order, accessible via the
Personal Account, indicates that the Order is "pending validation" or "being prepared").
Condition 2: The Seller has been informed of the incident:- by the Buyer, who has sent it a message via their Personal Account; or- by ManoMano, if ManoMano became aware of the incident before the Seller was
informed by the Buyer.
Condition 3: At the end of a period of two (2) working days from the Buyer's or
ManoMano's message, the Seller has not acted as follows:- the Seller has not shipped the unshipped Order (and informed the Buyer or
ManoMano of a parcel tracking number or link);- if unable to ship the unshipped Order within two (2) working days, or if the Buyer nolonger wishes to receive the Order due to the delay in delivery, the Seller has notrefunded the Order (price of the Product(s) and any delivery fees).
In this case, a Concrete Guarantee may be opened by ManoMano at the end of this period oftwo (2) working days.
●

What happens when a Concrete Guarantee is opened?

When a Concrete Guarantee is opened by ManoMano, the Seller has a period of three (3)working days from the date of opening the Concrete Guarantee to act as follows:
23

-

-

the Seller delivers the unshipped Order (and informs the Buyer or ManoMano of aparcel tracking number or link).
When the Order is still in the process of delivery at the end of the period of three (3)working days, the Concrete Guarantee may be extended by a maximum of fifteen (15)calendar days from the initial closing date of the Concrete Guarantee to verify receiptof the Order by the Buyer;
if unable to deliver the unshipped Order within three (3) working days, or if the Buyer
no longer wishes to receive the Order due to the delay in delivery, the Seller cancels
and refunds the Order (price of the Product(s) and any delivery fees).

Failing this, ManoMano closes the Concrete Guarantee in favour of the Buyer at the end of
this period of three (3) working days.
When the Concrete Guarantee is closed in favour of the Buyer, the Order is refunded at the
Seller's expense (full refund of the price of the Product(s) and any delivery fees).

3. Order not delivered●

What are the specific conditions for opening a Concrete Guarantee?

If the three conditions set out below are met, a Concrete Guarantee may be opened by
ManoMano.
Condition 1: As of the latest delivery date as specified in the Order confirmation email,the Order was shipped but was not delivered to the Buyer (examples: parcel delivered to thewrong address, lost, blocked, stolen, shipped without tracking and not received, etc.).
Condition 2: The Seller has been informed of the incident within thirty (30) calendar days ofthe latest delivery date as specified in the Order confirmation email:- by the Buyer, who has sent it a message via his Personal Account; or- by ManoMano, if ManoMano became aware of the incident before the Seller was
informed by the Buyer.
Condition 3:
1. At the end of a period of two (2) working days from the Buyer's or ManoMano's
message, the Seller has not responded to the Buyer or ManoMano (excluding
automatic message) or has indicated that it refuses to handle the complaint.
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of two (2) working days;or
2. At the end of a period of four (4) working days from the Buyer's or ManoMano's
message, the Seller has not acted as follows:24-

the Seller has not reshipped the Order or delivered the undelivered Order (andhas informed the Buyer or ManoMano of a parcel tracking number or link);- if it is unable to reship the Order or deliver the undelivered Order within four (4)working days, or if the Buyer no longer wishes to receive the Order due to thedelay in delivery, the Seller has not refunded the Order (price of the Product(s)and any delivery fees).
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of four (4) working days.
If an Order is indicated as having been delivered to the address provided by the Buyer when
the Order was placed, the Seller has the right to open an investigation with the carrier
and/or to dispute the non-receipt of the Order by the Buyer.
In this case, the Seller may ask the Buyer to provide a sworn statement that they have notreceived the Order, as well as a copy of their identity document.
ManoMano does not open a Concrete Guarantee in the following cases:- the Buyer refuses to provide the documents requested by the Seller (sworn
statement and/or copy of identity document);- the Seller has opened an investigation with the carrier, subject to (i) sending
ManoMano proof of opening the investigation and (ii) provided that the duration of
the investigation is less than ten (10) calendar days. After this period of ten (10)calendar days, ManoMano may open a Concrete Guarantee.
- the Seller provides indisputable proof that the Order has been received by the Buyer,whether or not an investigation has been carried out with the carrier previously(presentation of a signed statement from the carrier and/or signature of the identity
document sent by the Buyer identical to that appearing on the delivery note of theOrder).
●

What happens when a Concrete Guarantee is opened?

When a Concrete Guarantee is opened by ManoMano, the Seller has an additional period oftime to act:
1. The Seller has a period of two (2) working days from the date of opening theConcrete Guarantee to respond to the Buyer or ManoMano (excluding automatic
message).
Failing this, or when the Seller has indicated that it refuses to handle the complaint,
ManoMano closes the Concrete Guarantee in favour of the Buyer at the end of thisperiod of two (2) working days;or25

2. The Seller has a period of five (5) working days from the opening date of theConcrete Guarantee to act as follows:- the Seller delivers the Order (and informs the Buyer or ManoMano of a parcel
tracking number or link).
When the Order is still in the process of delivery after the period of five (5)working days, the Concrete Guarantee may be extended by a maximum offifteen (15) calendar days from the initial closing date of the Concrete Guarantee
to verify the receipt of the Order by the Buyer;- if unable to deliver the Order within five (5) working days, or if the Buyer nolonger wishes to receive the Order because of the delay in delivery, the Seller
refunds the Order (price of the Product(s) and any delivery fees). In this case,any costs of return of the Order are borne by the Seller.
Failing this, ManoMano closes the Concrete Guarantee in favour of the Buyer at theend of this period of five (5) working days.
When ManoMano closes the Concrete Guarantee in favour of the Buyer, the Order isrefunded at the Seller's expense (full refund of the price of the Product(s) and any deliveryfees).
If an Order is indicated as having been delivered to the address provided by the Buyer when
the Order was placed, the Seller has the right to open an investigation with the carrier
and/or to dispute the non-receipt of the Order by the Buyer.
In this case, the Seller may ask the Buyer to provide a sworn statement that they have notreceived the Order, as well as a copy of their identity document.
When the Seller has opened an investigation with the carrier, and subject to proof of
opening an investigation sent to ManoMano, ManoMano may extend the duration of thecurrent Concrete Guarantee for a maximum of ten (10) additional days from the initialclosing date of the Concrete Guarantee. After this period of ten (10) calendar days,
ManoMano closes the Concrete Guarantee in favour of the Buyer (the Buyer obtains therefund of the Order).
The Concrete Guarantee is closed in favour of the Seller (the Buyer does not obtain therefund of the Order) when:- the Buyer refuses to provide the documents requested by the Seller (sworn
statement and/or copy of identity document);- the Seller provides indisputable proof that the Order has been received by the Buyer,whether or not an investigation has been carried out with the carrier previously(presentation of a signed statement from the carrier and/or signature of the identity
document sent by the Buyer identical to that appearing on the delivery note of theOrder).
26

4. Product delivered damaged or broken●

What are the specific conditions for opening a Concrete Guarantee?

If the three conditions set out below are met, a Concrete Guarantee may be opened by
ManoMano.
Condition 1: The Order has been delivered to the Buyer who finds, after opening the parcel,that the Product received is damaged or broken.
Condition 2: The Buyer has informed the Seller of the incident within fourteen (14) calendar
days of the date of delivery of the Product, by sending a message via their Personal
Account and attaching to their claim one of more photograph(s) showing the Product damage
or breakage.
Condition 3:
1. After a period of two (2) working days from the Buyer's message, the Seller has not
responded to the Buyer (excluding automatic message) or has indicated that it refuses
to handle the complaint.
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of two (2) days;or
2. After a period of four (4) working days from the Buyer's message, the Seller has
responded to the Buyer but has not acted as follows:- the Seller has not initiated, at its own expense, a solution to repair or replace
the Product (sending a prepaid return label to the Buyer to return the Product,organising the collection of the Product to be recovered, etc.);- the Seller has not refunded the Order (partial or full refund of the price of the
Product as the case may be and any delivery fees) while (i) no solution to repair
or replace the Product can be implemented, or (ii) one of these solutions has
already been implemented and has failed (new defect found).
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of four (4) working days.
●

What happens when a Concrete Guarantee is opened?

When a Concrete Guarantee is opened by ManoMano, the Seller has an additional period oftime to act:
1. The Seller has a period of two (2) working days from the opening date of theConcrete Guarantee to respond to the Buyer (excluding automatic message).
27

Failing this, or when the Seller has indicated that it refuses to handle the complaint,
ManoMano closes the Concrete Guarantee in favour of the Buyer at the end of thisperiod of two (2) working days;or
2. The Seller has a period of five (5) working days from the opening date of theConcrete Guarantee to act as follows:- the Seller initiates, at its own expense, a solution to repair or replace theProduct (sending a prepaid return label to the Buyer to return the Product,organising the collection of the Product to be recovered, etc.)
When a delivery is still in progress after the period of five (5) working days, theConcrete Guarantee may be extended by a maximum of fifteen (15) calendar
days from the initial closing date of the Concrete Guarantee to verify the receiptof the parcel by the Buyer;- the Seller refunds the Order (partial or full refund of the price of the Product as
the case may be and any delivery fees) when (i) no solution to repair or replace
the Product can be implemented, or (ii) one of these solutions has already been
implemented and has failed (new defect found).
Failing this, ManoMano closes the Concrete Guarantee in favour of the Buyer at theend of this period of five (5) working days.
When ManoMano closes the Concrete Guarantee in favour of the Buyer, the Order isrefunded at the Seller's expense under the following conditions:- when the Buyer wishes or agrees to keep the damaged or broken Product: partial
refund of up to 50% of the price of the Product, as the case may be, and any delivery
fees.
- when the Buyer does not wish or agree to keep the damaged or broken Product: fullrefund of 100% of the price of the Product and any delivery fees and return costs.
In the event of a full refund of the Order at the end of a Concrete Guarantee, the Buyer
returns the refunded Product to the Seller under the following conditions:- When the Seller has provided a pre-paid return label to the Buyer within fifteen (15)calendar days from the closing date of the Concrete Guarantee, the Buyer ships the
Product to be returned within the period agreed with the Seller, and failing that within
fifteen (15) calendar days from the date of dispatch of the pre-paid return label by the
Seller.
- When the Seller organises the collection of the damaged or broken Product, at its own
expense, within fifteen (15) calendar days from the closing date of the Concrete
Guarantee, the Buyer prepares and makes the Product to be returned available to thecarrier for recovery on the return date agreed with the Seller.
Otherwise, ManoMano reserves itself the right to take action to recover the sums unduly
received by the Buyer.
28

5. Order not in accordance with listing●

What are the specific conditions for opening a Concrete Guarantee?

If the three conditions set out below are met, a Concrete Guarantee may be opened by
ManoMano.
Condition 1: The Order was delivered to the Buyer who finds, after opening the parcel:- that the Product received does not comply with the information advertised at the timeof placing the Order (such as: the colour, weight, dimensions and/or technicalcharacteristics of the Product); or- that the Product received is incomplete (examples: missing Product component(s),missing accessory(ies), missing user or installation instructions or in a language
different from that of the Buyer, etc.).
Condition 2: The Buyer has informed the Seller of the incident, within two (2) months of thedate of delivery of the Order, by sending it a message via their Personal Account andattaching to their complaint one or more photo(s) and/or video(s) showing the defect in the
Product received.
Condition 3:
1. After a period of two (2) working days from the Buyer's message, the Seller has not
responded to the Buyer (excluding automatic message) or has indicated that it refuses
to handle the complaint.
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of two (2) days;or
2. After a period of four (4) working days from the Buyer's message, the Seller has
not acted as follows:- the Seller has not initiated, at its own expense, a solution to replace the Productor ship the missing item (sending a prepaid return label to the Buyer to return
the Product, organising the collection of the Product to be recovered, sending aparcel tracking number or link, etc.);- the Seller has not refunded the Order (partial or full refund of the Product as
the case may be and any delivery fees) while (i) no solution to replace theProduct or ship the missing item can be implemented, or (ii) one of thesesolutions has already been implemented and has failed (new defect found).
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of four (4) working days.
●

What happens when a Concrete Guarantee is opened?

29

When a Concrete Guarantee is opened by ManoMano, the Seller has an additional period oftime to act:
1. The Seller has a period of two (2) working days from the opening date of theConcrete Guarantee to respond to the Buyer (excluding automatic message).
Failing this, or when the Seller has indicated that it refuses to handle the complaint,
ManoMano closes the Concrete Guarantee in favour of the Buyer at the end of thisperiod of two (2) working days;or
2. The Seller has a period of five (5) working days from the opening date of theConcrete Guarantee to act as follows:- the Seller initiates, at its own expense, a solution to replace the Product or toship the missing item (sending a prepaid return label to the Buyer to return the
Product, organising the collection of the Product to be recovered, sending aparcel tracking number or link, etc.). When a delivery is still in progress after theperiod of five (5) working days, the Concrete Guarantee may be extended by amaximum of fifteen (15) calendar days from the initial closing date of theConcrete Guarantee to verify the receipt of the parcel by the Buyer; or- the Seller refunds the Order (partial or full refund of the Product as the casemay be and any delivery fees) when (i) no solution to replace the Product or ship
the missing item can be implemented, or (ii) one of these solutions has alreadybeen implemented and has failed (new defect found).
Failing this, ManoMano closes the Concrete Guarantee in favour of the Buyer at theend of this period of five (5) working days.
When ManoMano closes the Concrete Guarantee in favour of the Buyer, the Order isrefunded at the Seller's expense under the following conditions:- when the Buyer wishes or agrees to keep the Product: refund of up to 50% of the priceof the Product and any delivery fees
- if the Buyer does not wish or agree to keep the Product: refund of 100% of the price of
the Product and any delivery fees.
In the event of a full refund of the Order at the end of a Concrete Guarantee, the Buyer
returns the refunded Product to the Seller under the conditions described below.
- When the Seller has provided a pre-paid return label to the Buyer within fifteen (15)calendar days from the closing date of the Concrete Guarantee, the Buyer ships the
Product to be returned within the period agreed with the Seller, and failing that within
fifteen (15) calendar days from the date of dispatch of the pre-paid return label by the
Seller.
- When the Seller organises the collection of the defective Product, at its own expense,
within fifteen (15) calendar days from the closing date of the Concrete Guarantee, theBuyer prepares and makes the Product available to the carrier for collection on the
return date agreed with the Seller.
30

Otherwise, ManoMano reserves itself the right to take action to recover the sums unduly
collected from the Buyer.

6. Product shown to be faulty when used●

What are the specific conditions for opening a Concrete Guarantee?

If the three conditions set out below are met, a Concrete Guarantee may be opened by
ManoMano.
Condition 1: During the use of the Product, the Buyer notes that:- the Product is shown to be faulty or is unfit to be used in the same way as a similar
product is usually used and the Buyer could not have noticed this when receiving the
Product; or- the Product appears defective and has not been installed correctly due to missing or
deficient instructions.
This case therefore does not cover:- a visible defect in the Product (product delivered damaged or broken or not inaccordance with the advertisement); or- deterioration of the Product due to abnormal use of the Product or normal wear andtear of the Product; or- a defect resulting from materials that the Buyer has supplied or added.
Condition 2: The Buyer has informed the Seller of the defect as soon as it has been found,and at the latest within one (1) year from the date of delivery of the Order, by sending it amessage via their Personal Account and attaching to their complaint one or more photo(s)and/or video(s) demonstrating the existence of the defect in the Product.
Condition 3:
1. After a period of two (2) working days from the Buyer's message, the Seller has not
responded to the Buyer (excluding automatic message) or has indicated that it refuses
to handle the complaint.
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of two (2) days;or
2. After a period of four (4) working days from the Buyer's message, the Seller has
not acted as follows:- the Seller has not initiated, at its own expense, a solution to repair or replace
the Product that is shown to be faulty (sending a prepaid return label to the
Buyer to return the Product, organisation of the collection of the Product to be
recovered, etc.);
31

-

the Seller has not refunded the Order (partial or full refund of the price of the
Product as the case may be and any delivery fees) while (i) no solution to repair
or replace the Product can be implemented, or (ii) one of these solutions has
already been implemented and has failed (new defect found).
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of four (4) working days.
The Seller may recover the Product in order to carry out an appraisal, at its own expense, todetermine the origin of the defect reported by the Buyer.
ManoMano does not open a Concrete Guarantee when:● The Buyer refuses to return the Product to the Seller for an appraisal to be carriedout; or● The Seller has initiated an appraisal, at its own expense, to determine the origin of
the defect and that:
1. The duration of this appraisal is less than fifteen (15) calendar days from thereturn of the Product to the Seller. After this period of fifteen (15) calendar
days, ManoMano may open a Concrete Guarantee; and/or
2. The results of this appraisal conclude that the reported defect is attributable
to the Buyer (subject to the provision of these results to ManoMano).
●

What happens when a Concrete Guarantee is opened?

When a Concrete Guarantee is opened, the Seller has an additional period of time to act:
1. The Seller has a period of two (2) working days from the opening date of theConcrete Guarantee to respond to the Buyer (excluding automatic message).
Failing this, or when the Seller refuses to handle the complaint, ManoMano closes theConcrete Guarantee in favour of the Buyer at the end of the period of two (2) working
days;or
2. The Seller has a period of five (5) working days from the opening date of theConcrete Guarantee to act as follows:- the Seller initiates, at its own expense, a solution to repair or replace theProduct (sending a prepaid return label to the Buyer to return the Product,organising the collection of the Product to be recovered, etc.). When a delivery is
still in progress after the period of five (5) working days, the Concrete Guarantee
may be extended by a maximum of fifteen (15) calendar days from the initialclosing date of the Concrete Guarantee to verify the receipt of the parcel by the
Buyer;- the Seller refunds the Order (partial or full refund of the price of the Product as
the case may be and any delivery fees) when (i) no solution to repair or replace32the Product can be implemented, or (ii) one of these solutions has already been
implemented and has failed (new defect found).
Failing this, ManoMano closes the Concrete Guarantee in favour of the Buyer at theend of this period of five (5) working days.
When ManoMano closes the Concrete Guarantee in favour of the Buyer, the Order isrefunded at the Seller's expense under the following conditions:- when the Buyer wishes or agrees to keep the Product: partial refund of up to 50% of
the price of the Product and any delivery fees.
- when the Buyer does not wish or agree to keep the Product: full refund of 100% of theprice of the Product and any delivery fees.
In the event of a full refund of the Order at the end of a Concrete Guarantee, the Buyer
returns the refunded Product to the Seller under the following conditions:- When the Seller has provided a pre-paid return label to the Buyer within fifteen (15)calendar days from the closing date of the Concrete Guarantee, the Buyer ships thedefective Product within the period agreed with the Seller, and failing that within
fifteen (15) calendar days from the date of dispatch of the pre-paid return label by the
Seller.
- When the Seller organises the collection of the defective Product, at its own expense,
within fifteen (15) calendar days from the closing date of the Concrete Guarantee, theBuyer prepares and makes the Product available to the carrier for recovery on the
return date agreed with the Seller.
Otherwise, ManoMano reserves the right to take action to recover the sums unduly collectedfrom the Buyer.
The Seller may recover the Product in order to carry out an appraisal, at its own expense, todetermine the origin of the defect reported by the Buyer.
When the Seller has carried out an appraisal, at its own expense, ManoMano may extend
the duration of the current Concrete Guarantee by a maximum of fifteen (15) additionaldays from the initial closing date of the Concrete Guarantee.
ManoMano closes the Concrete Guarantee in favour of the Seller (the Buyer does not obtain
the refund) when:● The Buyer refuses to return the Product to the Seller for an appraisal to be carriedout; and/or● The Seller has initiated an appraisal, at its own expense, to determine the origin of
the defect and the results of this appraisal conclude that the reported defect is
attributable to the Buyer (subject to the provision of these results to ManoMano).

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7. The Seller has not responded to a withdrawal request fromthe Buyer●

What are the specific conditions for opening a Concrete Guarantee?

If the three conditions set out below are met, a Concrete Guarantee may be opened by
ManoMano.
Condition 1: The Buyer wishes to withdraw from his purchase and:- the Product is not among the categories of Products for which the right of withdrawal
was excluded in the Seller's General Terms and Conditions of Sale (e.g. goods made to
the consumer's specifications or clearly personalised, goods liable to deteriorate or
expire rapidly, sealed goods which cannot be returned for health protection or hygiene
reasons and were unsealed by the consumer after delivery, etc.)- the Buyer has not assembled, used or handled the Product to an extent which exceeds
what is necessary to establish the nature, characteristics and functioning of the
Product and as they would have been able to do if they had purchased the Product in a
shop; and- the Buyer is able to return the Product to the Seller in its original packaging, or failingthat, in a packaging that reasonably protects the Product when returned.
Condition 2: The Buyer has informed the Seller, via their Personal Account, of their wish towithdraw (i) within the period indicated in the Seller's General Terms and Conditions ofSale (which period may not be less than fourteen (14) calendar days following the day ofreceipt of the Product by the Buyer), (ii) and failing that within fourteen (14) calendar days
following the day of receipt of the Product by the Buyer.
If this period expires on a Saturday, a Sunday or a public holiday, it will be extended until thenext working day.
Condition 3:
1. At the end of a period of two (2) working days from the date on which the Buyer
informs the Seller of their decision to withdraw, the Seller has not responded to the
Buyer (excluding automatic message) or has indicated that it refuses to accept thewithdrawal.
In this case, a Concrete Guarantee may be opened by ManoMano after two (2) working
days; or2. At the end of a period of four (4) working days from the date on which the Buyer
informs the Seller of their withdrawal decision, the Seller has not sent the
instructions and/or information necessary for the Buyer to return the Product (sendinga pre-paid return label or organising the collection of the Product by a carrier according
to the terms provided).
34

In this case, a Concrete Guarantee may be opened by ManoMano at the end of theperiod of four (4) working days.
●

What happens when a Concrete Guarantee is opened?

When a Concrete Guarantee is opened by ManoMano, the Seller has an additional period oftime to act:
1. The Seller has a period of two (2) working days from the opening date of theConcrete Guarantee to respond to the Buyer (excluding automatic message).
Failing this, or when the Seller has indicated that it refuses to accept the withdrawal,
ManoMano may close the Concrete Guarantee in favour of the Buyer at the end of thisperiod of two (2) working days;or
2. The Seller has a period of five (5) working days from the opening date of theConcrete Guarantee to send the instructions and/or information necessary for the
Buyer to return the Product (sending a pre-paid return label or organising thecollection of the Product by a carrier according to the terms provided). When the
return of the Product by the Buyer is still in progress after the period of five (5) working
days, the Concrete Guarantee may be extended by a maximum of fifteen (15) calendar
days from the initial closing date of the Concrete Guarantee to verify the receipt of theparcel by the Seller.
Failing this, ManoMano closes the Concrete Guarantee in favour of the Buyer at theend of this period of five (5) working days.
When ManoMano closes the Concrete Guarantee in favour of the Buyer, the Order isrefunded at the Seller's expense (full refund of the price of the Product(s) and any deliveryfees).
In the event of a full refund of the Order at the end of a Concrete Guarantee (price of the
Product (s) and any delivery fees), the Buyer returns the refunded Product to the Seller under
the conditions described below. The cost of returning the Product is borne by the Buyer when
this information is included in the Seller's General Terms and Conditions of Sale.
- When the Seller has previously provided a pre-paid return label to the Buyer within
fifteen (15) calendar days from the closing date of the Concrete Guarantee, the Buyer
ships the Product to be returned within the period agreed with the Seller, and failingthat within fifteen (15) calendar days from the date of sending the pre-paid return label
by the Seller.
- When the Seller organises the collection of the Product within fifteen (15) calendar days
from the closing date of the Concrete Guarantee, the Buyer prepares and makes the
Product available to the carrier for collection on the return date agreed with the Seller.
Otherwise, ManoMano reserves the right to take action to recover the sums unduly collected35

from the Buyer.

8. Following a complaint, the Buyer did not receive theexpected refund, whereas the Product was returned to theSeller●What are the specific conditions for opening a Concrete Guarantee?

If the three conditions set out below are met, a Concrete Guarantee may be opened by
ManoMano.
Condition 1: Following a complaint (whether or not a Concrete Guarantee has beenpreviously implemented), the Buyer has returned the Product to the Seller under theconditions provided but has not received the expected refund within the period provided, i.e.:- In the event of the exercise of the right of withdrawal: the Buyer has not been refundedwithin the period indicated in the Seller's General Terms and Conditions of Sale (which
period may not exceed fourteen (14) calendar days following the day of receipt of the
Product by the Seller), or failing that within fourteen (14) calendar days following the
day of receipt of the Product by the Seller.
- In the event of defect: the Buyer has not been refunded within fourteen (14) calendar
days from the date of receipt of the Product by the Seller.
Condition 2: The Buyer has sent a message to the Seller, via their Personal Account, to informthe Seller of the incident.
Condition 3:
1. After a period of two (2) working days from the Buyer's message, the Seller has not
responded to the Buyer (excluding automatic message) or has indicated that it refuses
to handle the complaint.
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of two (2) working days;or
2. After a period of four (4) working days from the Buyer's message, the Seller has
still not made the expected refund. In this case, a Concrete Guarantee may be opened
by ManoMano at the end of this period of four (4) working days;●

What happens when a Concrete Guarantee is opened?

When a Concrete Guarantee is opened by ManoMano, the Seller has an additional period oftime to act:
1. The Seller has a period of two (2) working days from the opening date of Concrete
Guarantee to respond to the Buyer (excluding automatic message). Failing this, or36

when the Seller has refused to handle the complaint, ManoMano closes the Concrete
Guarantee in favour of the Buyer at the end of this period of two (2) working days;or
2. The Seller has a period of five (5) working days from the opening date of theConcrete Guarantee to make the expected refund.
Failing this, ManoMano closes the Concrete Guarantee in favour of the Buyer at theend of this period of five (5) working days.
When ManoMano closes the Concrete Guarantee in favour of the Buyer, the Buyer is refunded
the expected amount, at the Seller's expense.

9. Following a complaint, the Buyer has not received theProduct or item that should have been reshipped to it by the
Seller●What are the specific conditions for opening a Concrete Guarantee?

If the three conditions set out below are met, a Concrete Guarantee may be opened by
ManoMano.
Condition 1: Following a claim (whether or not a Concrete Guarantee has been previously
implemented), the Buyer has not received the Product or item which should have been
reshipped to it by the Seller within the period specified by the Seller.
Condition 2: The Buyer has sent a message to the Seller, via their Personal Account, to inform
it of the incident.
Condition 3:
1. After a period of two (2) working days from the Buyer's message, the Seller has not
responded to the Buyer (excluding automatic message) or has indicated that it refuses
to handle the complaint.
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of two (2) working days;or
2. At the end of a period of four (4) working days from the Buyer's message, theSeller has not, at its own expense, reshipped the Product or the expected item (andprovided the Buyer or ManoMano with a parcel tracking number or link).
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of four (4) working days.
●

What happens when a Concrete Guarantee is opened?

37

When a Concrete Guarantee is opened by ManoMano, the Seller has an additional period oftime to act:
1. The Seller has a period of two (2) working days from the opening date of theConcrete Guarantee to respond to the Buyer (excluding automatic message).
Failing this, or when the Seller has indicated that it refuses to handle the complaint,
ManoMano closes the Concrete Guarantee in favour of the Buyer at the end of thisperiod of two (2) working days;or
2. The Seller has a period of five (5) working days from the opening date of theConcrete Guarantee to deliver the Product or the expected item (and provide theBuyer or ManoMano with a parcel tracking number or link). When a delivery is still inprogress after the period of five (5) working days, the Concrete Guarantee may be
extended by a maximum of fifteen (15) calendar days from the initial closing date of
the Concrete Guarantee to verify the receipt of the parcel by the Buyer.
Failing this, ManoMano closes the Concrete Guarantee in favour of the Buyer at theend of this period of five (5) working days.
When ManoMano closes the Concrete Guarantee in favour of the Buyer, the Order isrefunded at the Seller's expense (partial or full refund of the price of the Product, as the casemay be).
In the event of a full refund of the Order at the end of a Concrete Guarantee while the Buyer isin possession of the refunded Product, the Buyer returns the refunded Product to the Seller
under the following conditions:- When the Seller has provided a pre-paid return label to the Buyer within fifteen (15)calendar days from the closing date of the Concrete Guarantee, the Buyer ships the
Product to be returned within the period agreed with the Seller, and failing that within
fifteen (15) calendar days from the date of dispatch of the pre-paid return label by the
Seller.
- When the Seller organises the collection of the damaged or broken Product, at its own
expense, within fifteen (15) calendar days from the closing date of the Concrete
Guarantee, the Buyer prepares and makes the Product to be returned available to thecarrier for recovery on the return date agreed with the Seller.

10. Invoice/credit note not received or incorrect●

What are the specific conditions for opening a Concrete Guarantee?

If the three conditions set out below are met, a Concrete Guarantee may be opened by
ManoMano.

38

Condition 1: The Buyer has not received an invoice or credit not, or has received an incorrect
invoice or credit not. An invoice or credit note is incorrect when:- it contains an error attributable to the Seller concerning the Buyer’s name, Buyer’s
address, amount of the invoice or deduction, description of the Product; or- it does not contain the mandatory legal notices; or- it is not in the Buyer’s language.
Condition 2: The Buyer has requested a valid invoice or credit note from the Seller via their
Personal Account.
Condition 3:
1. After a period of two (2) working days from the Buyer's message, the Seller has not
responded to the Buyer (excluding automatic message) or has indicated that it refuses
to provide the valid invoice or credit note requested by the Buyer.
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of two (2) working days;or
2. At the end of a period of four (4) working days from the Buyer's message, theSeller has not provided a valid invoice or credit note to the Buyer.
In this case, a Concrete Guarantee may be opened by ManoMano at the end of thisperiod of four (4) working days.
●

What happens when a Concrete Guarantee is opened?

When a Concrete Guarantee is opened by ManoMano, the Seller has an additional period oftime to act:
1. The Seller has a period of two (2) working days from the opening date of theConcrete Guarantee to respond to the Buyer (excluding automatic message).
Failing this, or where the Seller has indicated that it refuses to provide a valid invoice or
credit note to the Buyer, ManoMano closes the Concrete Guarantee in favour of theBuyer at the end of this period of two (2) working days;or
2. The Seller has a period of five (5) working days from the opening date of theConcrete Guarantee to provide the valid invoice or credit note requested by the
Buyer.
Failing this, ManoMano closes the Concrete Guarantee in favour of the Buyer at theend of this period of five (5) working days.
When ManoMano closes the Concrete Guarantee in favour of the Buyer, the Order isrefunded at the Seller's expense (partial refund of the Order up to fifteen percent (15%) of
the amount paid by the Buyer for its purchase).

39

ANNEXE 2 - MODEL WITHDRAWAL
FORM
To [here the trader’s name, geographical address and, where available, his fax number and e-mailaddress are to be inserted by the trader]:- I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale ofthe following goods (1)/for the provision of the following service (1),- Ordered on (1) /received on(1),- Name of consumer(s),- Address of consumer(s),- Signature of consumer(s) (only if this form is notified on paper),- Date(1) Delete as appropriate.

40