These general conditions of sale (" CGV " ) are applicable exclusively to the online sale of SAS MALUCETTE products (hereinafter " Briefcase " ) on the site www.malucette.com (hereinafter the " Site" ).
SAS MALUCETTE is headed by Willo Marchais (President) and Robin Françoise (Managing Director).
2. FIELDS OF APPLICATION
The GTC exclusively govern contracts for the online sale of Malucette products (hereinafter " Seller" ) concluded with buyers having the quality of consumers and constitute with the online order the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which are only indicative.
The T & Cs are drawn up as well as all the contractual information mentioned on the site in French.
3. AVAILABILITY AND ENFORCEABILITY
The T & Cs are made available to consumers on the Seller's site where they can be viewed directly.
The GTC are enforceable against the consumer who acknowledges, by checking a box provided for this purpose, to have read and accepted them before placing an order.
The validation of the order by its confirmation constitutes acceptance by the purchaser of the GTC in force on the day of the order.
4. CHANGES TO THE GTC
The Seller reserves the right to modify its T & Cs at any time.
In the event of modification of the GTC, the applicable GTC are those in force on the date of the order, a copy of which dated to date can be given to the consumer at his request.
5. CLAUSES OF THE GTC
The nullity of a contractual clause does not entail the nullity of the GTC.
The temporary or permanent non-application of one or more clauses of the GTC by the Seller cannot constitute a waiver on his part of the other clauses of the GTC which continue to produce their effects.
The products offered for sale presented on the Site are each subject to a description.
The photographs illustrating the products do not constitute a contractual document.
The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.
The products comply with the requirements of French law in force at the time of their placing on the market.
7. 1. Sale price
The selling prices are indicated, for each of the products appearing on the Site, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The menstrual tanga is thirty nine (39) euros and the pocket is twenty (20) euros.
The total amount owed by the consumer is indicated on the order confirmation page.
The selling price of the product is that in force on the day of the order.
The selling price of the products does not include the shipping costs invoiced in addition to the price.
Any tax, duty, tax (etc.) to be paid in application of French or foreign regulations (importing or transit country, etc.) remains the responsibility of the buyer.
In the event of a price promotion, the Seller undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.
7. 2. Modification
The Seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
7. 3. Costs
The additional costs of transport, delivery or postage, of which the customer was able to take note before the order, are fixed on the order form.
The online sales offers presented on the Site are reserved for consumers residing in France and / or in a member country of the European Union and for deliveries in these same geographical areas.
The online sales offers presented on the site are valid, in the absence of a specific duration indication, as long as the products appear on the Site and within the limits of available stocks.
The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the “Order” button and provides information relating to the delivery and the method of payment.
Before clicking on the "Confirm order" button, the consumer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
Confirmation of the order implies acceptance of the GTC and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the Seller as soon as possible.
Any modification of an order by the consumer after confirmation of his order is subject to the prior acceptance of the Seller.
The Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers having the status of consumers.
The sales contract is formed when the consumer sends the confirmation of his order.
The price is payable in full after confirmation of the order.
Payment is made immediately upon ordering by credit card or via the Paypal system or by the Alma three-installment payment system.
The site is equipped with an online payment security system allowing consumers to encrypt the transmission of their bank details.
Delivery means the transfer to the consumer of physical possession or control of the good.
Delivery times are 5 working days in France, and 8 working days for other countries.
The products are delivered to the address indicated by the customer on the order form.
Delivery in mainland France is made by La Poste (service invoiced by Malucette).
If the product does not comply with the order, the consumer must send a complaint to the Seller with a view to obtaining the replacement of the product or possibly the resolution of the sale.
In the event of unavailability of products upon delivery, the Seller may offer a product equivalent in terms of quality and price.
The total lack of delivery entails the automatic termination of the sales contract.
12. LEGAL GUARANTEE OF CONFORMITY AND GUARANTEE OF HIDDEN DEFECTS
All products supplied by the Seller are subject to the legal guarantee provided for by articles L221-1 and following of the Consumer Code and to the guarantee against hidden defects provided for by articles 1641 and following of the Civil Code.
The consumer has two (2) years to assert one or the other of these guarantees.
For the lack of conformity, the period starts from the issue.
For hidden defects, the period starts from the discovery of the defect.
If the apparent defect, the lack of conformity or even the hidden defect of the article, declared by the customer, if applicable, is proven, after expertise made, Malucette undertakes to reimburse the customer at its expense and at the latest within a period of fourteen (14) days.
Briefcase However, cannot be held responsible for any misuse of the items that the customer may make of them.
Claims made under guarantees must be sent by email to email@example.com or by post to 18 rue de Preize, 10000 Troyes.
The consumer will be reimbursed for the return postage no later than thirty days after receipt of the product by the seller.
The Seller's liability cannot be engaged in the event of non-performance or improper performance of the contract due either to the buyer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
In addition, the Seller cannot be held liable for non-compliance of the product with the legislation of the country of the consumer to whom it is the responsibility of verifying whether the product is not prohibited for sale in his country.
15. ORDER RESOLUTION
The cancellation of the order in the cases provided for in these T & Cs will be pronounced by simple registered letter with acknowledgment of receipt or by electronic letter and will be automatically acquired.
16. RIGHT OF WITHDRAWAL AND RETURNS
16.1 RIGHT OF WITHDRAWAL
The consumer has a legal period of 14 clear days to exercise his right of withdrawal from the date of receipt of the goods without having to justify reasons or pay penalties.
The Customer will be reimbursed for the sums paid upon receipt and verification of the return of his items and no later than 14 days following the date on which he exercised his right of withdrawal.
Briefcase may defer reimbursement until receipt of the items in warehouse.
Briefcase will reimburse the Customer using the same means of reimbursement as that used for the initial transaction.
To exercise the right of withdrawal, the consumer must notify Briefcase his decision to withdraw by means of an unambiguous declaration by e-mail or by letter addressed to the following address Malucette, 18 rue de Preize, 10000 Troyes
The model withdrawal form below can be used:
Model of withdrawal:
For the attention of MALUCETTE SAS, 18 rue de Preize, 10000 Troyes
I / We (1) notify you / notify (1) hereby my / our (1) withdrawal from the contract for the sale of the good (1) / for the provision of service (1) below:
Ordered on (1) / received on (1):
Name of consumer (s):
Address of consumer (s):
e-mail of the consumer (s)
Signature of consumer (s) (only if this form is notified on paper):
(1) cross out the unnecessary mention.
In the event of withdrawal by the customer, the latter must return the products to the head office of MALUCETTE SAS (18 rue de Preize, 10000 Troyes) without undue delay and, in any event, no later than fourteen days after the customer will have communicated to the recipient indicated on the withdrawal form its decision to withdraw from the possible contract.
This period is deemed to have been met if the customer returns the goods of the order before the expiration of the fourteen day period.
In the event of withdrawal by the customer, the latter must bear the direct costs of returning the goods.
You have the option of returning your unworn items with their labels to us, by post and at your expense, for a refund within 30 days from the date of receipt of your order.
Please note that we carry out an examination of the products and if they have been worn or if they have suffered deterioration of any kind, the products will not be reimbursed.
We do not do standard exchanges on our site www.malucette.com. For a new size or another color, just order again on our e-shop!
17. INTELLECTUAL PROPERTY
The elements reproduced on this site (photographs, visuals, texts, drawings, images, etc.) are the exclusive property of Malucette and are protected by Intellectual Property law (copyright, trademark law, etc.).
Any reproduction and any distribution of these elements, without prior written authorization, exposes the offenders to legal proceedings.
18. PROCESSING OF PERSONAL DATA
Computerized processing of personal data collected by the Site has for purpose the management of the orders.
The consumer is informed that this automated processing of information has been declared to the CNIL.
In accordance with the Data Protection Act, you have the right to access, rectify and oppose the processing of personal information concerning you by writing to the address below (with copy of proof of identity ).
Or by post to the following address: Malucette, 18 rue de Preize, 10000 Troyes.
Malucette undertakes to set up responsible management and processing of personal data, to ensure the utmost confidentiality of all personal information collected in the context of exchanges with its consumers.
The data transmitted through the Site are protected in accordance with the provisions of the “Informatique et Libertés” law n ° 78-17 of January 6, 1978 as amended. )
The data controller within the meaning of article 3 of this law is Malucette.
The Site may offer features for creating an account or sharing content with certain third-party sites, such as Facebook, Instagram or Twitter. We draw your attention to the fact that these third-party sites are governed by their own privacy policies. You must therefore necessarily be aware of the confidentiality policies of these third-party sites and of the use of personal data concerning you through these sites.
A cookie is a text file containing pieces of data that is stored when you visit a website. It is designed to help websites remember your preferences. There are different types of cookies. Without them, websites couldn't function the way you are used to.
The consumer nevertheless retains the right to oppose the registration of cookies by following the instructions provided by his browser.
Use of the Site and registration on the Site by a minor must be authorized by their legal representative.
19. COMPETENT COURT
In the absence of an amicable agreement, you can refer to the competent French courts for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract.
20. APPLICABLE LAW
This contract and the GTC governing it are subject to French law.
21. CONTACT INFORMATION
Questions regarding the General Conditions of Sale and Use should be sent to us at firstname.lastname@example.org.