General Conditions of Use and Sale
Article: Products of any kind offered for sale on the Site. Customer: non-trading physical person with full legal capacity, realizing the Order. Order: purchase commitment Article or all of the items selected by the Customer via the Site. Site: Web site published by Minois Paris at www.minoisparis.fr.
These terms and conditions of use and sale, hereafter “CGUV” apply exclusively, without reservations or restrictions, any order between any Client and Minois Paris company with registered office at 320, rue Saint-Honoré 75001 PARIS, registered with the Register of Commerce and Companies of Paris under number 812.694.537.00018, hereinafter “Minois Paris”.
Validation of an Order of the effective control procedure on the Site constitutes acceptance of tariffs and CGUV.
These CGUV prevail over any other document.
3. CHARACTERISTICS OF THE ARTICLES
The items available for sale are those listed on the website within the limits of available stocks. The offers are valid until they are visible on the website and the Customer may add to their shopping cart Article. Minois Paris reserves the right to withdraw from the sale, at any time and without notice, any article present on the Site and / or to replace or modify any information associated with the items on this Site.
In the event of the unavailability of an article after placing the order, the customer is notified by email, the order is automatically canceled.
The characteristics of the items (photographs, graphics, descriptions of items, etc …) are approximate and may vary over time. Only the eye of the Article that appears at the time of the Order must be taken into account by the Client. The features and visuals are non contractual.
In case of errors or omissions in the description of an article, the responsibility of Minois Paris is limited to reimbursement of removal costs standard (rate Post) of Article incurred by the Client.
4. CONTROL OF ARTICLES
The Customer declares be at least 18 and have legal capacity, or is a minor, warrants that holds parental permission to perform his control. To make an Order, the Customer must complete the online purchase process and click on “Order” to submit the Order. The validation of the Order by the Customer is confirmation of acceptance of CGUV, the content of the Order, its price and associated costs.
Any Order is subject to the prior acceptance of Minois Paris and is definitively confirmed only after the receipt by the Client a confirmation email.
5. PRICES OF ARTICLES
Prices are listed on the site in euros, all taxes included (VAT), excluding the cost of handling and shipping costs. They take account of VAT and any discounts applicable on the date of the Order. Product prices are exclusive of delivery charges (freight and packaging making the package according to current amounts).
The amount of shipping costs is specified on the Site before validation of the Order.
Minois Paris reserves the right to change prices for products at any time, the items being billed based on rates in effect at the time of the validation of each Order. The price of items is charged that indicated in the Order. Regarding sales outside the European Union, it is expressly stated that clearance fees, payment of various fees or taxes are the responsibility of the Customer.
6. PAYMENT OF THE ORDER
The Order is payable immediately by credit card (Visa, MasterCard, American Express). Regarding sales outside the European Union, it is recalled that clearance fees, payment of various fees or taxes are the responsibility of the Customer. Transactions on the site are secure for entering payment data: card number, expiry date and security code.
7. TERMS OF DELIVERY
The Customer will receive by email an order number confirming its good management and will be informed of the various stages of his Order by email (to the email address filled in by the latter). The ordered items will be delivered within a period defined in the finalization of the order, but can not exceed thirty days from the registration of the order, subject to full payment. The customer is offered several delivery methods chosen by the Customer and the Customer’s expense. Port costs for France are offered for all Order over 60 euros. The Customer is informed that it is for it to provide the necessary details to the proper delivery of an Order (for example, Access Code).
If the Customer informed by delivery address is not valid and thus induces a return of the parcel for non-receipt to the address indicated, the packages of return postage to the new address will be forwarded to the Customer. A delivery is included in the package, listing the items ordered and actually delivered. The Client assumes entirely and exclusively risks relating to the items after delivery.
The items are delivered to the shipping address provided by the Customer when the Order no later than the date specified in the order and depending on the country of delivery. Each delivery is done as soon availability of the package with the Client, including by the carrier, materialized by the control system used by the carrier. Minois Paris can not be responsible for late delivery due to a Customer’s unavailability after several proposals for appointment by the carrier.
9. BACK – RIGHT OF WITHDRAWAL
In case of delivery of an article that does not correspond to the Customer’s Order, the Customer may return the said Article with Minois Paris by following the procedure set out below. The Customer has the right to cancel the order at any time within 14 calendar days following the date on which it received the goods and without having to give reasons or pay penalties. At the time of this, the sale is considered firm and therefore final. If the Client wishes to exercise his right of withdrawal, he should contact customer service at email@example.com and follow the instructions given. No returns will be accepted without the customer service has been contacted previously and that a return agreement was formulated.
After acceptance of the return by Minois Paris, the Customer must proceed with shipping or the item (s) within seven calendar days following the date of acceptance. Or the items must be returned properly protected in their original packaging and in perfect condition. The article must be returned to Minois Paris by the Customer in his condition, presentation and original packing, new and complete, and by means of delivery to ensure its protection and to maintain its perfect condition. Items returned incomplete, damaged or soiled by the Customer are not taken. The return of items takes place at Customer’s expense, the latter assuming the risks. Once completed the verification of returned items, Minois Paris will reimburse the customer the full amount paid under its control, including delivery costs (based on the standard delivery rate), in soon as possible and at the latest within thirty (30) calendar days from the date of receipt of the return package.
In accordance with legal provisions, the Customer benefits from the legal guarantee of conformity against defects in conformity existing upon delivery and the legal guarantee against hidden defects or defects in the products sold. The Customer must notify the carrier and Prejudice Minois Paris on the Products delivered. Any complaint about the products, especially in case of defective product, damaged, non-conforming or apparent defects must be notified by the Customer to Minois Paris promptly by email using the information on the Site, specifying or product(s) concerned, the nature and type of defect. It is the Customer to provide any substantiating proof of the reality of the defect.Minois Paris may request one or more photos of the Product. In case of return accepted by Minois Paris, including cases of non-compliance, the customer has the choice ofreplace the article if it is possible or repayment of the article. Responsibility for Minois Paris and warranty are excluded under warranty from the use of the article by the Customer and in particular abnormal use, poor maintenance or failure to comply with maintenance requirements.
Reminder of the applicable legal provisions:
Art. L. 211-4 of the Consumer Code: “The seller must deliver goods in conformity with the contract and liable for defects of conformity existing upon delivery. It also answers the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility. ”
Art. L. 211-5 of the Consumer Code: “To comply with the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, where appropriate: a) correspond to the description given by the seller and possess the qualities that he has presented to the Client as a sample or model; b) The features that a client can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling. 2. Or have the features defined by mutual agreement by the parties or be suitable for any special requirement of the customer, made known to the seller and which the latter agreed. ”
Art. L. 211-7 of the Consumer Code: “The lack of conformity which becomes apparent within six months from delivery of the goods are presumed to have existed at the time of delivery, unless proved otherwise. The seller can combat this presumption if it is not compatible with the nature of the good or the defect invoked compliance. ”
Art. L. 211-7 of the Consumer Code: “If the repair and replacement, are impossible, the buyer can make good and get refund the price or keep the good and get to some of the price. The same option is open to him:
1. If the requested solution, proposed or agreed under article L. 211-9 of the can be implemented within the period of one month following the claim by the buyer;
2. Or if that solution can not be without great inconvenience to it given the nature of the property and use that research. The resolution of the sale can not however be imposed if the lack of conformity is minor. ”
Art. L. 211-12. of the Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the goods. ”
Art. 1641 of the Civil Code: “The seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use that the customer would not have acquired, or would have paid a lower price if he had known.”
Art. 1648 paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect. ”
11. CONVENTION ON THE EVIDENCE
Customer acknowledges and agrees that the registration systems of the Order make proof of all transactions between Minois Paris and the Customer.
Minois Paris reserves the right to modify at any time without notice the information on the Site. Minois Paris undertakes to describe with great accuracy the products sold on the Site and to ensure the best possible conditions the update of the information disseminated there. However, Minois Paris can not guarantee the accuracy, precision or completeness of the information made available to customers on the Website. In case of no substantial differences between the photographs of presentation of the items on the Site, text and illustrations and the items ordered, Minois Paris’s responsibility will not be committed.
Responsibility for Minois Paris will not be retained in case of breach of any of its contractual obligations resulting from a fortuitous event or force majeure as defined by case law rendered by the French courts.
Including Minois Paris will not be liable for any failure or delay in the execution of orders caused by events beyond its control (“Force Majeure Event”).
Minois Paris cannot be held liable for any damage, either material or immaterial damage or bodily injury, which may result from improper use of the products sold.
13. INTELLECTUAL PROPERTY
The Site and its elements, such as including photographs, video and texts, are intellectual works protected by the Code of intellectual property. No reproduction, copy, imitation, modification, adaptation or public representation, even partial, is prohibited and constitutes an infringement. Any creation of hypertext links to the home page of the Site, or any other page of the Site is strictly prohibited and subject to the prior written consent of Minois Paris.
Minois Paris retains some of your data safely for requirements that concern you. We use your personal information to improve your customer experience while protecting your data. Your personal information will be deleted if your Minois Paris account has been inactive for 3 years. We will send you an e-mail informing you of the deletion of your account. Minois Paris fully protects the confidential data of its customers as well as that of visitors to the site.
What personal data do we collect?
- The personal data that you provide to us via our site, including information you provide us by filling out forms on our site. This includes the information provided at the time of account creation and/or when you make purchases on our site. For example : your name and marital status, your billing and delivery address, phone, e-mail addresses and your birth date (optional).
- We may also ask you to complete surveys that we use for research purposes, though you are not obliged to answer them;
- Details about the transactions you make via our site and details about the processing of your orders;
- The personal data you provide when you subscribe to our newsletter, such as your email address and your name.
- You must notify us of any changes to your personal data so that the information contained in our files is, at all times, current and accurate. You are responsible, in all cases, for the accuracy of the personal data provided.
How do we use your contact information and your name?
Your identity and your postal addresses and emails are necessary in order to send your orders. This information is also useful to us in order to send you information by email (order updates, delivery information, etc.). We require your contact information in order to detect fraud and to protect you from it.
How do we use your date of birth?
Your date of birth is useful for protecting minors, and detecting fraud to protect you from it.
Your payment information
MINOIS PARIS pays particular attention to security issues concerning online payments. Payments are carried out using payment service providers. All credit/debit card transactions on our site are processed using a secure online payment system that encrypts the details of your card, to which we do not have access.
How do we use your contact history?
We need your contact information to provide you with the best possible service and to assist you in the best possible way.
How do we use your purchase history?
We need your purchase history to manage returns and requests for assistance to provide you with the best possible service and to answer all your requests.
How do we use information about your browser on your computer or mobile phone?
This is the information you give us when you browse our site, such as your IP address, the type of device used and how you use our site. We need this information in order to improve our site and offer you the best possible online shopping experience. MINOIS PARIS does not require you to provide this information. You have the right and the possibility not to provide it, however it is possible that you will not be able to use all the features on our site.
Sharing your information
MINOIS PARIS does not sell your personal information to third parties (including your name, address, e-mail or credit card information). In order to offer you the best possible service, we share your data with the companies that take care of your order, including:
- Warehouses, order pickers, delivery companies and payment providers.
- Professionals responsible for running our site (digital partners) and email marketing communications.
- Our partners responsible for processing payments on our site.
- Police authorities and law enforcement agencies that help us prevent fraud.
If you have authorised us to do so, we will send you newsletters by e-mail to keep you up to date with our news and give you the chance to discover new articles.
How can I stop receiving newsletters?
You can stop receiving our newsletters whenever you want. To do this, simply click on "unsubscribe" at the bottom of the newsletter that you received by e-mail. Once your profile is updated you will no longer receive our newsletter.
Retention of your information
We keep hold of your information for the duration of your account. After 3 years of inactivity on your Minois Paris account, we will proceed to delete your account and your personal information. Your information is also retained for legal or regulatory obligations, to settle disputes, to prevent fraud and abuse, or to appy our terms and conditions.
You have rights in relation to your personal information. You will find details below.
First and foremost, you have the right to access the personal information Minois Paris holds about you and you have the right to be informed of how we use this information. You have the right to ask us to delete your personal information or to stop using it in certain circumstances, by contacting us at the following address : firstname.lastname@example.org. You can stop receiving our newsletters whenever you want (simply click on "unsubscribe" at the bottom of the newsletter that you received by e-mail). Finally, in case of difficulty in exercising your rights, you have the right to approach France’s National Commission on Computing and Freedom (CNIL). Minois Paris may make changes to the way we process your data. In this event, we will communicate these changes on our site. If you have any questions or wish to comment on this information, do not hesitate to contact us. You can contact us at the following address: email@example.com
16. AMENDMENT OF CGV
Minois Paris reserves the right to modify at any time these CGUV. New CGUV will, where appropriate, notified to the Customer by online modification and will apply only to sales made after the modification.
17. APPLICABLE LAW
These CGUV are subject to French law. Any dispute subject to the exclusive jurisdiction of French courts of the place of domicile of the Customer, in the absence of prior amicable agreement between the Customer and Minois Paris.
18. PARTIAL DISABILITY
If any provision of these CGUV were to be declared invalid pursuant to a law, regulation or following a final court decision, other provisions shall remain in full force and effect.
No silent or delay, no tolerance or inaction of Minois Paris can only be interpreted as a waiver of rights under CGUV.
LEGAL INFORMATION REQUIRED
It is recalled that the secrecy of correspondence is not guaranteed on the Internet network and that each Internet user to take all appropriate measures to protect their own data and / or software from contamination of viruses circulating on the Internet.
1. PERSONAL DATA
All your account information is only used as part of your business relationship with Minois Paris. This information is never shared with third parties or sold. The banking information concerning you is never in our possession. Transactions are handled entirely by STRIPE.
In accordance with Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, the website has been declared to the CNIL (Commission Nationale Informatique et Libertés).
Company name: Minois Paris
Legal form: Société par actions simplifiées. Numéro de RCS 812.694.537.
Publishing Director: Hélène Fulchi in her capacity as legal representative of the company Minois Paris
This site is hosted by PRESTASHOP
4. GRAPHIC IDENTITY AND PHOTO CREDIT
Luc Borho is the graphic and photo designer for Minois Paris :www.borho.studio
Aurélie Lecuyer is the Minois Paris life style’s photographer: www.ledansla.blogpost.fr