Last modified: 21 August 2020
These general conditions of sale (hereinafter referred to as "GTC") are concluded on the one hand by MAMIEBOURGEOISE, a French "société par actions simplifiée" with a share capital of 5,000 euros whose registered office is at 4 passage Moglia, 93300 Aubervilliers and which is identified at the Commercial and Companies Registry under the number 884 783 499 00012 (hereinafter referred to as the "Company"), and on the other hand, by any person wishing to make a purchase via the website of "www.mamiebourgeoise.com" (hereinafter the "Customer").
Article 1 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITION
The GTC are made available to Customers on the website www.mamiebourgeoise.com (hereinafter referred to as the "Site") where they can be viewed directly.
The validation of the order by its confirmation constitutes acceptance by the Customer of the GTC in force on the day of the order.
The Company reserves the right to modify its GTC at any time. The applicable GTC are those in force on the date of the order by the Customer.
Article 2 - DESCRIPTION OF ITEMS
The site www.mamiebourgeoise.com is an online sales site for ready-to-wear and accessories.
The items available on the Site www.mamiebourgeoise.com are each the subject of a description mentioning their essential characteristics. The photographs illustrating, where appropriate, the products do not constitute a contractual document. The products comply with the prescriptions of French law in force.
Article 3 - ORDERS
The Company strives to guarantee optimum availability of its products. The product offers are valid while stocks last.
If, despite the best efforts of the Company, a product turns out to be unavailable after the Customer's order, the Company will inform the Customer by email as soon as possible and the Customer will have the choice between:
- The delivery of a item, chosen by the Customer, of a quality and price equivalent to that initially ordered, or
- Refund of the item and / or the order.
The Company is not liable for any item exchange compensation, unless the non-performance of the contract is personally attributable to him.
Except for any contrary mention appearing in these GTC and without prejudice to the right of withdrawal provided for by the applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the items chosen, add them to his cart indicating the items selected and the quantities desired. The Customer has the possibility to check the detail of his order and its total price, and to return to the previous pages to possibly correct the content of his cart, before confirming it.
The Customer agrees to read the GTC then in force before accepting them and confirming the terms and any delivery and withdrawal costs prior to payment of the order. The confirmation of the order implies acceptance of the GTC and forms the contract.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. A digital invoice is available at the Customer's request.
Any email that will be sent to the Customer as part of an order will be sent to the email address provided by the latter.
Any modification of an order by the Customer after confirmation of his order is subject to the Company's agreement.
The information communicated by the Customer when placing the order (including name and delivery address) binds the latter. Thus, the Company's responsibility cannot in any way be sought in the event that an error during the placing of the order prevents or delays delivery / delivery.
The Customer declares to have full legal capacity allowing him to commit under these GTC.
Article 4 - TERMS OF PAYMENT AND SECURITY
The Company uses the Stripe and PayPal online payment solution.
Orders can be paid using one of the following payment methods: payment by credit card or PayPal.
Payment is made directly on the secure bank servers of the Company's bank, the Customer's bank details do not pass through the site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited for the corresponding amount only when (i) the data of the bank card used has been verified and (ii) the debit has been accepted by the bank that issued the bank card.
The inability to debit the amounts due will result in the immediate nullity of the sale.
Article 5 - PAYMENT FOR THE ORDER
The prices are indicated in euros (€), inclusive of all taxes (VAT), excluding shipping cost.
In the event of a promotion, the Company undertakes to apply the promotional price to any order placed during the advertising period for the promotion.
The price is due in full after confirmation of the order. The prices offered include discounts and rebates that the operator may have to grant.
If shipping cost apply, they will be added to the price of the products and indicated separately before the validation of the order by the Customer.
The total amount owed by the Customer and its details are indicated on the order confirmation page.
Article 6 - FORMATION OF THE CONTRACT
The contract between the Company and the Customer is formed when the Customer sends the confirmation of his order.
When the Customer places his order, he must confirm it by the “double-click” technique, that is to say that after selecting products added to the cart, the Customer must check and possibly correct the content of his cart (identification, quantity of selected products, price, terms and delivery costs) before confirming it by clicking on "I validate my delivery", then he acknowledges accepting these GTC before clicking on the "I pay" button, finally he validates his order after filling in his bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
The archiving of communications, purchase orders and invoices is provided by the Company on a reliable and durable medium so as to constitute a faithful and durable copy.
Article 7 - SHIPPING AND DELIVERY
The online sales offers presented on the Site are open internationally.
Delivery means the transfer to the Customer of physical possession or control of the product.
The shipping costs are those specified when the order is finalized and are accepted by the validation of the order.
The Company undertakes, in accordance with the delivery deadline indicated on the Site for each product, to deliver the products within a maximum period of thirty (30) days after receipt of the order. Delays may nevertheless occur in the event of unforeseen circumstances or for reasons related to the place of delivery.
Delivery times are announced in working days on the Site when ordering. These times include the preparation and shipping of the order as well as the time provided by the carrier.
However, if one or more products could not be delivered within the time initially announced, the Company will send an email indicating to the Customer the new delivery date.
The products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain errors. The Company cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery. In the event of an error in the designation of the address indicated by the Customer and if the product is returned to the Company, the shipping costs of the new shipment to the correct address are due by the Customer.
No delivery will be made to a PO box.
On delivery, it is the Customer's responsibility to check that the products delivered comply with their order and that the package is sealed and not damaged. If this is not the case, the Customer must notify the Company as soon as possible.
No claim on the quantity or condition of the product will be accepted if the claim has not been brought to the attention of the Company as soon as possible.
Article 8 - RETURN AND REFUND
In accordance with Article L221-21 of the Consumer Code, if a delivered product does not give the Customer complete satisfaction, the latter may return it to the Company within fourteen (14) days from the date of receipt of the order. At the end of this period, no refund or exchange will be accepted.
The Customer informs the Company of his decision to withdraw at the following address: firstname.lastname@example.org.
The Company will send an acknowledgment of receipt of the Customer's withdrawal request by e-mail.
The product must be returned to the following address:
4 passage Moglia
The risks and costs of return are the responsibility of the Customer.
The returned product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories. No refund will be granted (i) if the product has been used after having been opened, (ii) if it is not in the same conditions as at the time of delivery or (iii) if it has been damaged . The Customer is therefore requested to take care of the product (s) in his possession.
The Company reserves the right to refuse any refund or exchange request if the returned product does not meet the above conditions.
The return package must also contain a letter specifying the exact contact details (surname, first name, address) and complete of the Customer as well as the order number.
After examining the returned product, the Company will indicate to the Customer whether or not he has the right to a refund / exchange of the product (s).
If the Customer's request is approved, the Company undertakes to exchange the product to the Customer for the same amount as the original product or to refund the Customer within thirty (30) days of receipt of the product.
Shipping costs are not refundable. In the event of a refund, the shipping costs will be deducted from it. In the event of a product exchange, the shipping costs of the exchange product are the responsibility of the Customer.
By accepting these GTC, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 9 - CUSTOMER SERVICE
The Customer can contact the Company by indicating his name, telephone number, the subject of his request and the number of the order concerned at the following address: email@example.com.
Article 10 - INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Company is the holder of all the elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, brands, visual identity, database, site structure and all other elements of intellectual property and other data or information which are protected by French and international laws and regulations relating in particular to intellectual property.
Consequently, none of the elements of the Site may be modified in whole or in part, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented or exploited in any other way, free of charge or against payment, by a Client or by a third party, without the express prior written authorization of the Company and the Customer is solely responsible for any unauthorized use and / or exploitation.
Article 11 - LIABILITY AND WARRANTIES
The Company may not be held liable for a breach of any of its contractual obligations resulting from unforeseeable circumstances or a case of "force majeure" as defined by the case law of the French courts.
In particular, the Company shall not be held liable for any failure or delay in the execution of orders caused by event outside its control.
The products benefit from the legal guarantee ("garantie légale de conformité") provided by article L. 217-4 and following of the French consumer code and the legal guarantee ("garantie des vices cachés") provided by articles 1641 and following of the French civil code.
All complaints must be addressed to customer service at the following address: firstname.lastname@example.org.
Article 12 - PERSONAL DATA
For more information on the use of personal data by the Company, please send an email to the following address: email@example.com.
Article 13 - HYPERTEXT LINKS
The hypertext links available on the Site may refer to third-party sites not published by the Company. They are provided only for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and then agree to use third-party sites at his own risk or, where appropriate, in accordance with the conditions which govern them.
Consequently, the Company cannot be held responsible in any way because of these hypertext links.
The Site may also contain promotional hypertext links and / or advertising banners referring to third-party sites not published by the Company.
Article 14 - REFERENCES
The Customer authorizes the Company to mention the name of the Customer, his logo as a reference in his communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc.).
Article 15 - CLAIMS / APPLICABLE LAW
The GTC are subject to French law.
In the event of a dispute, the Customer shall contact the Company by priority to seek an amicable solution.
Any litigation shall be subject to the exclusive jurisdiction of the French courts of the Customer’s place.