Missary (hereinafter referred to as "the Company") creates, designs and markets women's ready-to- wear clothing and accessories bearing the Company's trademarks.
In order to better meet the expectations of its customers, the Company has set up a system of remote sales by telephone and Internet of its articles.
The present general conditions of sale are applicable to all the sales of articles bearing the marks of the Company concluded at a distance: (i) by telephone via the customer service department set up by the Company (hereinafter referred to as the "Customer Relations Service"), (ii) via the Company's website identified, in particular, by the domain name: "www. missary.fr "(hereinafter referred to as the" Site "):
- order taking by clients who are natural persons acting as consumers (within the meaning of the law and case law);
- For delivery to the same natural persons for their own account or to any third party of their choice who is also a consumer (within the meaning of the law and case law).
Any sale of articles bearing the Company's trademarks through the Customer Relations Department and / or the Site is subject to these general conditions of sale, which the customer accepts. These are likely to be subject to changes and updates, the conditions applicable to the order of an article by a customer are those in force on the day of the order.
Missary, Limited Liability Company with a capital of 10,000 Euros, registered with the Paris Trade and Companies Register under the number 798 387 338 with registered office at 231 rue Saint-Honoré - 75001 Paris - France; Email address: email@example.com.
3.1 The information (categories, denominations, definitions, reproduction of articles, detailed descriptions: properties, characteristics and composition, etc.) relating to all articles bearing the Company's trademarks offered for distance selling are available, in accordance with the applicable legal and regulatory provisions, in the Company's shop, on the Site or via the Customer Relations Department, from Monday to Saturday from 10 am to 7 pm (except public holidays), by telephone on ( +33 (0) 623 700 954 ).
While providing the greatest care and accuracy to the posting of information, the descriptions of articles and data available from the Customer Relations Department or on the Site as well as their regular updating, the Company does not can not be held responsible for any errors that may occur. Similarly, although the photographs and other reproductions of the articles faithfully represent them on the Site-and this, within the limits of the technique and in the respect of the best market standards, these may however present errors, which the customer recognizes and accepts. In any event, in case of non-compliance of the article delivered with respect to its description, the Company undertakes to correct this error, under the conditions of articles 13 and 14 below.
3.2 More generally, the Company can not be held responsible:
- interruptions or delays recorded by the Customer Relations Department or on the Site due to the performance of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever be, independently of his will;
- the impossibility of the customer or the Company to contact the Customer Relations Department and / or temporarily access the Site, due to events beyond its control, such as: cases of computer breakdown, network interruptions telephone network, internet network, failure of reception equipment of said internet network, etc.
- the loss, alteration or fraudulent access to personal data of the Customer,
- accidental transmission, viruses or other harmful elements resulting from access to the Internet or transmissions by e-mail.
The Company's liability may only be withheld if there is proven fault attributable exclusively to it. In any case, it will be limited to direct damage only. The Company reserves the right to suspend the operation of the Site.
4.1 To place an order with the Customer Relations Department or on the Site, the customer must be of legal age, have the legal capacity and hold a credit card as defined in Article 9 below.
Orders will be received in French or English and will be accepted within the limits of available stocks. To this end, the customer is informed at the time of ordering, either by the Customer Relations Service, or on the information page of the Site describing each of the articles:
- the availability of the article;
- or, in the event of temporary unavailability of the article, the possibility of ordering it for later delivery within a specified time period on that occasion.
If, despite the vigilance of the Company, the ordered items are no longer available, the Company will inform the customer by any means (telephone call or email) as soon as possible.
4.2 The customer undertakes that all the information communicated to the Company with the Customer Relations Department or on the Site as part of the order is in accordance with these general conditions of sale, complete, accurate and up-to-date. Failing this, the Company reserves: (i) the right to cancel the order and the payment altogether, or (ii) to make them subject to the communication by the customer of any proof of the information and addresses communicated, to make sure of their existence and accuracy.
It is reminded that when ordering, the Company collects the following personal data: identity, identifier and password chosen by the customer on the Site, email address, telephone number, address of usual residence of the customer, address of delivery and means of payment, etc. These data are necessary for the processing of the order and may be communicated to the contractual partners of the Company involved in the execution of the order (including intermediaries for the payment of orders such as banking institutions and carriers).
4.3 In accordance with the provisions of Article L. 121-11 of the Consumer Code, the Company will be entitled, in the case of retail sales, to refuse any abnormal order exceeding the number of items authorized, namely:
- 5 items per order and / or
- 2 identical items ordered within a period of 30 days, all colors and sizes combined.
The Company will also be entitled to refuse any order: (i) made by a customer with whom there is a dispute over the payment of a previous order; or (ii) not in accordance with these general conditions of sale.
If the Company finds that the order does not comply with these general conditions of sale (for example: wrong delivery address, exceeding the order thresholds), it will inform the customer either directly on the Site, or by telephone or by email. If the customer fails to correct the erroneous or contrary to these terms and conditions contained in the order, the Company reserves the right to cancel the order and the payment.
Order taking by telephone is made with the Customer Relations Department at the number indicated above, from Monday to Friday from 11:00 am to 19:00 pm (except holidays).
Upon authorization of the debit of the bank account of the customer by his bank, his order is directly transmitted to the service of order preparation of the Company.
Any order made within this framework commits the customer.
Order taking on the Site is subject to strict compliance with the procedures described below also made concrete by a succession of different screens on which are indicated the successive phases that the customer must imperatively respect to validate his order.
6.1 First step: selection of items by the client
On the Website, the customer selects, enters and validates the identification and the quantity of the items he wishes to order within the limits defined above (whose availability is to be confirmed by the Company if necessary); said articles are added to his "Basket".
6.2 Second step: verification of selected articles
The customer can freely modify his "Basket" made up of selected articles, delete an initially selected article, modify the quantities ordered or add an article by clicking on the corresponding items available to him within the "Basket". Within the "Basket", the price of the items-as defined in Article 8 below-is displayed automatically.
6.3 Third step: confirmation of the selected articles and validation of the order
Once the customer has finished his selection and wishes to validate the composition of his "Basket", he must then identify himself:
- if he has an account on the Site: by his email address (username) and password;
- if he does not have an account on the Site, in particular: by his name, his address of usual residence to which the order will be charged, his telephone number.
The customer must also validate:
- the delivery address of the order which can in no case be that of a hotel, any non-fixed residence or a post office box;
- the desired shipping method (express or standard mail), the standard shipping costs on the territory of metropolitan France being borne by the Company, the other costs being borne by the customer;
- and, finally, the method of payment chosen.
Once all this information is regularly entered and validated, the price of the articles - as defined in article 8 below - as well as any shipping costs are displayed automatically.
After communicating his credit card number, in accordance with the conditions of Article 9 below, the customer then clicks on the button "VALIDATE MY PAYMENT" to debit his bank account.
The authorization to debit his bank account issued by the customer's bank is displayed. It is recommended that the customer record and / or print the said debit authorization in paper form. Upon authorization of the debit of the bank account of the customer by his bank, his "Basket" is directly transmitted to the order picking service of the Company, the customer then seeing his order number.
This order commits the customer upon receipt by the Company of the "Basket" duly completed and validated by the display of the order registration page.
6.4 Fourth step: acknowledgment of receipt of the order by the Company
The Company then acknowledges receipt of the order as an e-mail sent to the e-mail address provided by the customer. In accordance with the provisions of Article 1126 of the Civil Code, the customer formally accepts the use of email for confirmation by the Company of the content of his order.
This confirmation e-mail contains all the information provided by the customer with indication, if any, difficulties or possible reservations raised by the order (availability of items ordered, delivery time or payment method chosen). It mentions the order number assigned to the customer by the Company.
6.5 Step Five: Shipping Items
At the time of shipment of the ordered items to the delivery address chosen by the customer, the Company sends an email to the latter informing him of the said shipment and the receipt of the price, as provided for in the Article 9 below.
In general terms, it is expressly agreed between the Company and the customer that e-mails will be valid between the parties as well as the automatic registration systems used by the Customer Relations Department or on the Site, particularly as regards the nature and the date of the order. In addition, the Company keeps the items relating to any order for an amount equal to or greater than five hundred (500) Euros for a period of ten (10) years and keeps them at the disposal of the customer upon request by the latter . However, for orders placed on the Site, it is recommended that the client also keep a copy (in electronic format and / or in paper form) of the items relating to his order (for example, the email sent by the Company in accordance with the Article 6.4 above).
The prices communicated by the Customer Relations Department or displayed on the Site are indicated in Euros and include all taxes (VAT included), if the VAT is applicable, excluding delivery
charges and any customs duties charged to the customer ( the latter having the responsibility to check the customs regulations and any related costs before ordering).
The prices invoiced are those in effect on the date of the order.
The amount of any transportation costs: (i) will be communicated to the customer by telephone by the Customer Relations Department; (ii) will be displayed, if applicable, automatically on the Site during the validation of the shipping method chosen by the customer - as specified in article 6.3 above - and will be communicated again to the customer during the confirmation of his order by e- mail.
The customer will receive, during the delivery, for each of the articles, the written confirmation of the price paid and the expenses of delivery put at his charge.
Payment of the customer's purchases is made by credit card. Cards from the "CB" network, Visa, Eurocard, Mastercard, American Express are accepted. Cards issued by banks domiciled outside France must be international bank cards. In this context, the
Customer agrees to proceed to payment via a credit card which he personally holds and mentioning his identity (name and surname).
The customer communicates by telephone to the Customer Relations Department his credit card number and / or bank details. For online payment on the Site: the customer accesses a secure server operating in SSL (128-bit) mode and certified by a Certification Authority. The customer must provide his credit card number and / or bank details by completing the online payment form.
The transaction is then carried out by the customer according to banking security standards. Both by phone and on the Site, by communicating its credit card number and / or bank details, the customer accepts in advance and without condition that the Company proceeds to the secure transaction. The customer therefore authorizes in advance his bank to debit his account at the sight of records or statements transmitted by the Company, even in the absence of signed invoices from the hand of the cardholder. Authorization to debit the customer's account is always given for the amount of the item (s) purchased.
The customer's bank card is then debited after verification of the satisfaction of his order to these general conditions of sale, the availability of items and at the time of shipment thereof by the Company. In the event that, for any reason (opposition, refusal of the issuing center, etc.), the debit of the sums due by the customer would prove impossible, the order will not be registered by the Company and / or will be canceled.
The delivery of the articles will be able to intervene only with the address of delivery indicated by the customer during the order.
The delivery of articles will occur, after the payment of the amount of the order has been recorded, to the delivery address indicated by the customer. To this end, the latter undertakes to have communicated an exact delivery address to the Company.
The delivery of the ordered articles will intervene:
- either on the date or within the time indicated to the customer by the Company and at the latest within thirty (30) days from the date of the order;
- or, within the deadlines of which the customer will be notified in case of temporary unavailability of the said article accepted by the customer: (i) at the time of his order with the Customer Relations Department by telephone; (ii) at the time of the addition of an article in his "Basket" as well as before the acceptance of his order.
The Company will deliver the items ordered by standard or express mail according to the choice made by the customer.
THE COMPANY RESERVES THE PROPERTY OF ARTICLES BOOKED UNTIL THE FULL PAYMENT OF THEIR PRICE IN PRINCIPAL AND IN INTEREST. THE PAYMENT WILL BE MADE WITHIN REASON OF THE PRICE. IN THE EVENT OF COMPLETE OR PARTIAL NON-PAYMENT, THE COMPANY MAY, WITHOUT PRIOR PREVENTION, CLAIM THE ARTICLE (S) THAT SHOULD BE DELIVERED BY THE COMPANY TO THE CUSTOMER.
The Customer is granted a limited right of use of the Site which remains the exclusive property of the Company, which has created and put online, in particular, web pages, images and sources scripts, the basic data component. The customer is therefore prohibited from broadcasting or reproducing the Site, in whole or in part, in any form whatsoever. The articles of the Company, the trademarks of the Company, as well as all figurative marks or not and, more generally, all other brands, illustrations, images, drawings and models and logos appearing on the articles of the Company sold to distance, their accessories or their packaging, whether deposited or not, are and will remain the exclusive property of the Company.
Any total or partial reproduction, downloading, modification or use of these marks, illustrations, images and logotypes, designs and models for any reason and on any medium whatsoever, without the express prior written agreement of the Company, is strictly prohibited.
The same is true of any combination or conjunction with any other mark, symbol, logotype and, more generally, any distinctive sign intended to form a composite logo. Similarly, are strictly prohibited, without prior express written agreement of the Company:
- the creation of hypertext links to any one of the pages or any of the elements making up the Site;
- any use not in conformity with the present license of use of the Site and, in particular, use of any one of the elements composing it (articles presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for sale or other direct or indirect commercial use.
In accordance with the provisions of Articles L. 221-18 and following of the Consumer Code, the customer has a right of withdrawal which he can exercise:
- on the Site in the section "Return request": the Company will acknowledge receipt by e-mail of the withdrawal of the customer thus made,
- by returning to the Company the withdrawal form sent to it in the duly completed order confirmation e-mail or any other written declaration expressly mentioning the retraction exercised,
and without justification, within fifteen (15) days of receipt of the items. The customer acknowledges having been informed and accept that he does not have such a right of withdrawal, in accordance with Article L. 221-28 3 ° of the Consumer Code, for personalized products made according to and / or at his request, or retouched.
It will then be up to the customer to return the items delivered:
- or, following the different stages of the procedure proposed by the Company, described on the Site and within the framework of which all the expenses of return of the articles from Metropolitan France is supported by the Company in the shipping limit return items by order;
- by the means of his choice and at his own expense. It is here recommended to him to preserve any proof of this return, which supposes that the articles are returned by the customer by registered mail, or by any other mean giving certain date.
In any case, the return of the delivered items must be done by the customer: - within a period of fourteen (14) days from the exercise of his right,
- in their original packaging (or, at the very least, in a packaging conferring equivalent protection on such articles during their return transport), in perfect condition for their sale by the Company, unused and accompanied by all the accessories and documents provided (instructions, guarantee, certificate of authenticity, etc.) as well as the delivery note attached to the delivered items.
The refund of the invoiced price of the returned articles will be carried out, by credit on the bank account of the customer, at the latest within fourteen (14) days following the reception, by the Company, of these articles. Any personalized article, retouched or returned damaged, used, incomplete or soiled can not be the object of such a refund.
The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered are not in accordance with his order, the customer is asked: - to inform the Company as soon as possible either directly on the Site in the heading "Request for return" or by telephone from the Customer Relations Department (at the number and at the times indicated in article 3 above), either by e-mail justifying the nonconformity of the article to the order,
- as well as to return the articles in their original packaging (or, at the very least, in a packaging conferring equivalent protection of the said articles during their return transport), in perfect condition, not used and accompanied by all the accessories and documents provided (instructions, guarantee, certificate of authenticity, etc.) as well as the delivery note attached to the delivered articles,
- by following, in order to facilitate the processing by the Company, the various stages of the procedure proposed by the latter, described on the Site and within the framework of which all the expenses of return of the articles from the metropolitan France is taken directly by the Company within the limit of a return shipping items by order.
If the customer himself organizes the return of said articles, by the means of his choice and at his expense, it is recommended that he keep any proof of the return of the article by registered mail, or by any other means giving a certain date; the cost of return is -if the non-compliance of the article
found by the customer is proven- at the expense of the Company. Reimbursement will be made by credit to the customer's bank account after the latter has sent proof of said expenses.
In the absence of possible exchange of the returned item and if the customer does not wish to have a credit with the Company, the refund of the invoiced price of non-compliant items returned will be made by credit to the customer's bank account. no later than fourteen (14) days after receipt by the Company of returned items.
Notwithstanding the specific warranty conditions that may be given to the customer with the delivered article, the articles of the Company are subject to the legal guarantees of conformity relating to defects in the article sold.
After a period of 5 days following the date of delivery and failing to comply with these formalities, the Products will be deemed compliant and free from any defect and no claim may be validly accepted by the Site.
The execution by the Company of all or part of its obligations shall be suspended in the event of the occurrence of a fortuitous event or force majeure within the meaning of article 1218 of the Civil Code which would prevent or delay its execution. The Company will inform the client of such a fortuitous event or force majeure within seven (7) days of its occurrence.
In the event that this suspension of the performance of the obligations of the Company continues beyond a period of fifteen (15) days, the customer will then have the opportunity to cancel the order in progress and it will then proceed to its refund by the Company as soon as possible by crediting the customer's bank account.
In no case will there be any compensation for the benefit of the Customer.
The fact that the Company refrains from demanding at any time the performance of any of the stipulations of these general terms and conditions of sale can not be interpreted as a waiver of subsequent invocation of said total or partial non-performance.
If any provision of these terms and conditions is declared void in whole or in part, the other stipulations and other rights and obligations arising from these terms and conditions will remain unchanged and remain applicable.
THESE TERMS AND CONDITIONS OF SALE ARE SUBJECT TO FRENCH LAW, EXCEPT AS PROVIDED BY OTHER PROVISIONS ARISING UNDER REGULATION NO 593/2008 OF 17 JUNE 2008 ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I). IN CASE OF DIFFICULTY ARISING OUT OF THE ORDER OR DELIVERY OF THE COMPANY'S ARTICLES, AND BEFORE ANY ACTION IN JUSTICE, THE CUSTOMER SHALL SEEK A FRIENDLY SOLUTION WITH THE COMPANY AND WILL HAVE THE POSSIBILITY TO USE THE MEDIATOR OF THE CONSUMPTION THAT RAISES THE COMPANY.