Terms and Conditions
The following is a free translation, for information purposes only, of the French terms and conditions. In the event of ambiguity or discrepancy between the French and the English versions, the French version shall prevail.
The Seller (as such term is defined in Article 1) is, in particular, engaged in e-commerce business and offers the online sale of Products (as such term is defined in Article 1) via the website www.michinoparis.com (the “Website”). These general terms and conditions of sale (the “Terms and Conditions”) are exclusively for Buyers (as such term is defined in Article 1).
ARTICLE 1 – DEFINITIONS
Terms used in the Terms and Conditions, and not defined in other Articles, have the following meaning:
“Buyer”: individual, non-professional, acquiring Products via the Website.
“Seller”: MICHINO, a French limited liability company (société à responsabilité limitée), registered with the Paris Trade Registry under number 539 439 380, with registered office located at 67 rue Saint Lazare 75009 Paris, France.
The Seller may be contacted at the following email address: firstname.lastname@example.org. Its Siret number is: 539 439 380 00012.
“Product”: refers to all the products that can be bought by the Buyers on the Website.
“Parties”: refers, collectively, to the Seller and the Buyer.
ARTICLE 2 – OBJECT
The Terms and Conditions are intended to define the rights and obligations of the Seller and the Buyer in connection with the sale of Products via the Website.
ARTICLE 3 – SCOPE
The Terms and Conditions apply to all sales of Products by the Seller to the Buyer, via the Website. The Seller reserves the right to adapt or modify at any time the Terms and Conditions. If amended, the Terms and Conditions applicable to each order are the ones in effect as of the day of the order. An order will be processed by the Seller only after the Buyer has accepted the Terms and Conditions. Such acceptance of the Terms and Conditions is evidenced by the fact that the Buyer checks the box on the pop up message stating that the Terms and Conditions have been read, understood and accepted by the Buyer.
ARTICLE 4 – ORDER
The Buyer orders via the Website. All contractual information is presented in French and English (for information purposes only) and will be subject to the confirmation of the Buyer at the time of delivery, at the latest.
4.1: Orders Validation
The Buyer declares that he has read the Terms and Conditions prior to the finalization of the order and acknowledges that the validation of such order implies the prior acceptance of the Terms and Conditions. The Purchaser further acknowledges that the Terms and Conditions remains at his disposal in a manner that provides for their conservation and reproduction, in accordance with Article 1369-4 of the French Civil Code.
To order, the Buyer shall provide the Seller with his data and information and shall fill out an online form accessible from the Website. Until the final step, the Buyer will have the opportunity to return to the previous pages in order to correct or amend his order and the information provided prior to the final validation. A confirmation e-mail, acknowledging receipt of the order and containing all the information relating to the order will then be sent to the Buyer as soon as possible. The Buyer must therefore provide a valid e-mail address when filling out the fields relating to his identity.
4.2 Validity of the offer – Unavailability of Products
Products offered by the Seller on the Website are available as long as they are presented on the Website, subject to available stocks. Pictures and descriptions of the Products are only illustrative and can be slightly modified without the Seller’s liability being held, or without the validity of the sale being disputed.
Upon receipt of the order placed by the Buyer, the Seller will check the availability of the Product(s) ordered. In the event the Product ordered by the Buyer is unavailable, the Seller, upon knowledge of such unavailability, will inform the Buyer by email. In the event the Product is unavailable, the Seller offers to exchange or refund the order within 30 days from the validation of the order. In the event one of the Products of the Buyer’s order is out of stock, the Seller will ship the other Products part of the order and will refund to the Buyer the price of the unavailable Product.
ARTICLE 5-PRICE – PAYMENT
Prices of the Products listed on the Website’s pages include taxes but exclude conditioning and shipping costs. The Seller reserves the right to change the prices of the Products indicated on the Website. However, Products will be invoiced to the Buyer on the basis of their indicated prices as of the time of the validation of the order.
5.1 Form of payment
Payment of the order will be made by credit card, the payment is made through secured bank server at the time of the order. This means that none of the Buyer’s information transits via the Website. Payment by credit card is therefore secure.
Personal information transferred from the Website to the processing center is protected and is subject to SSL encryption (Secure Socket Layers). The order of the Buyer will be registered and validated after acceptance of the payment by the bank.
Payment by credit card cannot be cancelled. Therefore, payment of the order by the Buyer is irrevocable, subject to the Buyer’s right of withdrawal or cancellation after the order as provided for in Article 7 of the Terms and Conditions.
5.2 Transfer of ownership
Transfer of ownership to the Buyer only intervenes upon payment of the Product being received in full by the Seller. However, as from the confirmation of the order by the Buyer on the Website, the risks associated to the delivered Products are transfered to the Buyer.
5.3 Payment Default
The Seller reserves the right to refuse to make a delivery or to honor an order to a Buyer who has not (i) fully accepted the Terms and Conditions or (ii) paid wholly or partially a previous order, or with whom a dispute relating to a payment is pending.
ARTICLE 6 – DELIVERY
The Seller is bound by contract with « CARRIER TO BE CONFIRMED » (the “Shipping Company”). All packages are shipped via the services of the Shipping Company.
Shipping costs of the Shipping Company are calculated according to the weight and destination and are automatically communicated to the Buyer when validating his shopping cart as well as included in the total price of the order to be paid by the Buyer. The Product will be delivered to the address provided by the Buyer in the order form. All the mentioned timing for delivery are calculated in working days and are only illustrative.
The Seller agrees to process the order within thirty days from the day following the order validation. The Buyer may cancel the order if the shipping timing has not been met as long as the order has not been shipped from the Seller’s warehouses. To do so, the Buyer shall simply contact the Seller’s customer service (email@example.com). In the case, the Buyer receives the package, the Buyer shall refuse it and ask for a refund of the order from Seller’s customer service (firstname.lastname@example.org). As soon as the Seller receives confirmation that the package has been returned by the Buyer, the Seller will refund the Buyer within 15 days.
The timing of delivery indicated above is the average timing and correspond to the processing, preparation and shipping time of the Buyer’s order (exit from the warehouses). Such timing runs from the checkout of the order. To such timing, the shipping time of the Shipping Company must be added. The Products always travel at the risks of the Buyer. In the event of a delay, damage or a missing Product, the Buyer should complain to the Shipping Company or make the necessary reservations to allow such remedies. If the Product is delivered after cancellation of the order, the refund will take place, immediately upon receipt by the Seller of the Product in its original condition. Return of the Product and refund to the Buyer will be processed in accordance with the conditions provided for in Article 7.
ARTICLE 7 – CANCELLATION – RETURN – REIMBURSEMENT
7.1 Procedure and general terms and conditions
With the objective of identifying and thus optimizing the return process, all Products that need to be returned must be notified through a return request to be sent to the Seller’s customer services (email@example.com). Otherwise, the return will be denied. The time allotted for the Buyer to contact the Seller’s customer service depends on the reason of the return, as specified in each case below.
A confirmation acknowledging receipt of such request will be sent back via e-mail to the Buyer. The Buyer is advised to return the Product by tracked carrier. Otherwise, if the package sent by the Buyer gets lost on its way back to the Seller, the Buyer would not be able to evidence the return or to request the postal services to locate it. All packages not shipped by the Seller are not under the Seller’s responsibility. Only the sender of the package can obtain information from the postal services on its status. The Buyer shall communicate to the Seller his order number and his personal details for the Seller to process the return request accordingly.
Upon receipt, the Seller will check the Product returned and the reason for its return. If the Product is not returned in its original condition, its return will be rejected by the Seller and returned to the Buyer at his own expense. If the return is made under a mistaken reason, the Product may be refused and returned to the Buyer at his own expense. The reason of the return may be requalified. Therefore, the Buyer will be notified by e-mail and the return processed in accordance with the revised reason.
The Products bought from the “Soldes / Sale” category cannot be exchanged nor refunded.
7.2 Right of Return in case of Withdrawal
In accordance with law, following the receipt of the Products by the Buyer, the Buyer has a 14-day period to return to the Seller the delivered Product without having to give any reasons. If the Buyer uses this withdrawal right within 14 days as from the receipt of the Products, the Seller undertakes to refund the Buyer without delay and no later than 14 days as from the date on which such withdrawal right has been exercised. To exercise such right, the Buyer must first contact the Seller’s customer service (firstname.lastname@example.org). A confirmation acknowledging receipt of this request will be sent back via e-mail. In case of exercise of the withdrawal right, the return postage will be borne by the Buyer.
WARNING: No withdrawal right can be exercised if the returned Product is unfit for its resale. Therefore, the Product must be returned in perfect condition, in its original packaging, undamaged, unmarked. The Product must be accompanied by all its accessories. Otherwise, the Product will be returned to the Buyer at his own expense.
7.3 Returns for reference error
The Buyer has 15 days to notify the Seller that the received Product is not the ordered Product, specifying the nature of the problem: reference error, size, color or features problems, entirely different Product, defective Product… so that the Seller’s customer service can assign to the Buyer a return number.
The Product must be returned in good condition and in its original packaging, even if opened, with all its contents (accessories, strings, instructions). To process the Buyer’s request correctly, the Buyer shall remind the Seller of his return number and personal details.
After receipt and acceptance of the Buyer’s package by the Seller, depending on the nature of the Product, available stocks, and according to the Buyer’s choice, the Seller will offer the Buyer the possibility to send him back the original Product or a Product with equivalent features.
If the Buyer choses to be refunded, the amount of the entire order (Product + corresponding shipping costs) will be credited to the debited account within 15 days from the acceptance of the return by the Seller.
After having received and accepted the returned package, upon presentation of evidence of the expenses incurred for the shipping of the returned Product, the Seller will refund such expenses by sending a check or by crediting the Buyer’s account. The maximum amount of refund in connection with such expenses may not exceed €15 all tax included.
ARTICLE 8 – GUARANTEE
Subject to the withdrawal right mentioned above, the Buyer benefits from the “hidden defects guarantee” (garantie des vices cachés) on the Product as provided for in Article 1641 of the French Civil Code. In addition, if the Product received by the Buyer does not correspond to the Product described in the order, such Product will be replaced or refunded, according to the choice expressed by the Buyer.
ARTICLE 9 – LIABILITY
The Seller’s liability is limited to direct and predictable damages which may result from the use by the Buyer of the Website and the delivered Products. The liability of the Seller shall not be held if the non-performance or unsatisfactory performance of the Seller’s obligations is attributable to the Buyer or to the Shipping Company, or to an unforeseeable and unstoppable act from any third party to the Terms of Conditions, or to a force majeure event that is unforeseeable, unstoppable and external to the Seller. The Seller shall not incur any liability for damages resulting from a fault of the Buyer in connection with the use of the Products or of the Website.
ARTICLE 10 – INTELLECTUAL PROPERTY
All published elements on the Website, such as sounds, images, photographs, videos, writings, animations, programs, graphic designs, databases, software are protected by provisions of the French Intellectual Property Code and belong to the Seller. The Buyer undertakes not to infringe the intellectual property rights relating to these elements, and in particular to reproduce, represent, modify, adapt, translate, extract and / or reuse a qualitatively or quantitatively substantial part of them, to the exclusion of fair use or with the prior written approval of the Seller.
ARTICLE 11 – PERSONAL DATA
The Buyer is informed that during his navigation and in connection with the order on the Website, personal data about him are collected and processed by the Seller. This processing is subject to a declaration made to the Commission Nationale Informatique et Libertés pursuant to Law No. 78-17 of January 6th 1978 and registered under number 1905447.
The Buyer is informed that his data:
- are collected fairly and lawfully,
- are collected for specified, explicit and legitimate purposes,
- will not be further processed in a way that is incompatible with those purposes,
- are appropriate, relevant and not excessive with regard to the purposes for which they were collected,
- are accurate and complete,
- are preserved in a way permitting identification of concerned persons for a period that does not exceed the necessary time to the purpose for which they are collected and processed,
- despite protection measures, it can not be guaranteed that the data are not distorted, damaged or that non-authorized third-party access to them.
These data are used for the processing of the order as well as to improve and customize the services offered by the Seller. They are not intended to be disclosed to third parties. The Buyer shall have the right to refuse that his personal data are processed and used for solicitation, including commercial ones.
The Buyer can question the Seller in order to obtain confirmation that his personal data are or are not processed, information relating to the purposes of such processing, the categories of personal data processed and the receivers or categories of receivers to whom the data are disclosed, the communication of his personal data as well as any available information from which such personal data are deriving.
The Buyer may also require the Seller to correct, complete, update, lock or delete his personal data which are inaccurate, incomplete, ambiguous, outdated, or which collection, use, disclosure or conservation is prohibited. In order to exercise such right, the Buyer shall send an email to the Seller in its quality of responsible person for such processing, at the following address: email@example.com.
ARTICLE 12-CONVENTION ON EVIDENCE
It is expressly agreed that the Parties can communicate with each other electronically for the purpose of the Terms and Conditions, to the extend that technical security measures intended to ensure the confidentiality of the data exchanged are in place. Both Parties agree that the exchanged e-mails between them legitimately evidence the terms and conditions of their communication and, as the case may be, of their commitments, particularly regarding the transmission and acceptance of orders and of the Terms and Conditions.
ARTICLE 13 – PARTIAL INVALIDITY
If a part of or some provisions of the Terms and Conditions were deemed to be illegal or invalid, such invalidity would not trigger the invalidity of the other provisions of the Terms and Conditions, unless those provisions were by nature indivisible from the invalidated provision.
ARTICLE 14 – APPLICABLE LAW
The Terms of Conditions are governed by French law.
ARTICLE 15 – ASSIGNATION OF JURISDICTION
The Parties agree that in case of a dispute arising from the performance or interpretation of the Terms and Conditions, they should try to find an amicable resolution. In case no amicable resolution is reached within a 45-day period from the date of the first notification letter reporting this dispute, the latter shall be referred to the competent court.