Conditions générales de vente
TERMS OF SALES
PREAMBLE
The general conditions are intended to define the terms of sale between the Seller By Cold Paris and the buyer, from placing the order to after-sales services, including payment and delivery. All orders made on the site are subject to the entirety of these general conditions of sale. The By Cold Paris Company reserves the right to adapt or modify at any time the present, the version of the general conditions of sale applicable to any transaction being that appearing online on the site https://mauv-studio.com/ at time of order https://mauv-studio.com/
ARTICLE 1: IDENTIFICATION OF THE SELLER
The site https://mauv-studio.com/ is the property of By Cold Paris
ARTICLE 2: OPPOSABILITY OF THE GENERAL CONDITIONS OF SALE
Our online sales are subject to these general conditions which prevail over all other agreements and in particular over all conditions of purchase, except prior, formal and express derogation from the Seller. These General Conditions of Sale are available on the Seller's websites https://mauv-studio.com/ (section "General Conditions of Sale") and on simple request sent by e-mail or post. It is up to each Buyer to read them before placing an order, by consulting them on the available media.
These General Conditions of Sale (hereinafter "GTC") govern our online sales to all traders or professionals (legal person or natural person), non-professional or consumer (natural person). The fact of placing an order, whatever the method of awarding, implies the Buyer's full and unreserved acceptance of our GCS, to the exclusion of all other documents such as prospectuses, catalogs issued by the Seller and which do not have only an indicative value, except prior written derogation agreed between the Seller and the Buyer. Our GCS prevail over any other particular condition of the commercial or professional Buyer, in particular over its general conditions of purchase.
The Seller reserves the right to modify these T&Cs at any time. The GCS applicable to an order or a sale are those in force at the time the order is placed by the Buyer on our website. The fact that the Seller does not avail himself in any circumstances of any provision of these GCS cannot be considered as a waiver on his part to avail himself later of the said provision.
ARTICLE 3: THE CUSTOMER
The customer declares to be a natural person, at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the site. When registering the customer's personal data, the latter must ensure the accuracy and completeness of the mandatory data he provides. In the event of an error in the wording of the recipient's contact details, the By Cold Paris Company cannot be held responsible for the impossibility of delivering the product.
ARTICLE 4: THE PRODUCTS
The products offered for sale are those described on the site. The By Cold Paris Company takes the greatest care in the presentation and description of these products to best satisfy the customer's information.
The characteristics appearing on the descriptive sheets of the products offered by By Cold Paris are established from the data provided by the suppliers, subject to the validity of the By Cold Paris information undertakes to provide the most faithful shots possible.
In the spirit of a perfectibility of the site, https://mauv-studio.com/ encourages members to report any incorrect information that may appear on a product sheet.
In any event, in the event of non-compliance of the product delivered with its description on the site, the customer may either exercise his right of withdrawal or implement the conformity guarantee of the By Cold Paris Company .store who will, where applicable, either exchange or refund the price (in whole or in part) possibly invoiced online on the site https://mauv-studio.com/ at the time of the order.
ARTICLE 5: PRICES
The prices of the products are indicated in euros, all taxes included for metropolitan France. The prices displayed take into account any reductions or commercial discounts.
For any delivery outside the EU, customs taxes and formalities are, unless otherwise indicated, the sole responsibility of the customer, who undertakes to check the possibility of exporting the products to the country of delivery. Sales in the overseas departments as well as abroad are subject to VAT and customs duties.
The prices do not include participation in postage and delivery costs, as well as the additional options to which the buyer may subscribe in addition to the order. Of course, the summary of the order before payment includes any additional cost for reminder.
The By Cold Paris Company reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of the registration of the order, subject to availability. A price cannot be modified once the buyer's order has been validated.
ARTICLE 6: THE ORDER
Order taking on the site is subject to compliance with the procedure set up by the By Cold Paris Company materialized by a succession of different steps that the customer must imperatively follow to validate his order. The customer will have the possibility, before definitively validating his order, to check the details of it and its total price, and to correct any errors, before confirming it to express his acceptance. By validating the order, the customer declares to have read and accepted these General Conditions of Sale. Any order implies acceptance of the prices and descriptions of the products available for sale.
By Cold Paris Company undertakes to accept orders made by Internet under the terms of these General Conditions of Sale.
Despite all the precautions implemented, a product ordered and purchased could be unavailable.
In the event of unavailability of a product ordered before the end of its shipment, By Cold Paris Company informs the buyer by email, within a maximum of one week, of the period under which this product could be delivered.
ARTICLE 7: PAYMENT
Payment for products purchased from By Cold Paris Company via the website https://mauv-studio.com/ is required in full at time of order.
Payments are made by credit card through the secure payment module integrated into the site.
ARTICLE 8: DELIVERY
The shipping time for orders is indicated during the purchase process and may vary according to the references ordered as well as according to the customer's choice. The delivery time depends on the delivery method chosen, and can vary from a few days to several weeks in France and in the areas where By Cold Paris delivers . The times indicated when placing the order are given as an indication and reflect the times announced by the partner carriers, usually in number of working days. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These deadlines are indicated in the confirmation of the order that the buyer will receive by email By Cold Paris Company undertakes to make every effort to deliver the products ordered as soon as possible. The average times communicated vary according to the availability of the goods and remain indicative. The delivery time is taken into account from the delivery of the package of products to the chosen partner carrier.
Delivery is made to the delivery address indicated by the customer, it being specified that this must be:
- the residential address of the customer or any other natural person of his choice. In case of absence, the recipient is notified by delivery notice.
- a parcel pick-up point
The information provided by the buyer, when taking the order, commits the latter: in the event of an error in the wording of the recipient's contact details, the By Cold Paris Company cannot be held responsible for the impossibility of delivering the product.
The buyer is required to refuse delivery if the goods are damaged, missing or if the package has been opened or repackaged. In the event of loss or damage, the buyer must issue precise and detailed written reservations on the carrier's delivery note in the presence of the carrier or its employees.
In the event of non-receipt of a package within 25 working days following the date of dispatch indicated in the notification of dispatch that we will have sent to you, the Customer must first check the information on the location of the package then, if necessary, with the post office serving it.
If necessary, please contact us by e-mail at our Customer Service. We will send you a replacement product at our expense.
If due to a lack of details on your address, the partner carrier cannot find your address and the package is returned to us, the Company S. WS can not be held responsible and the costs of a new shipment will be your responsibility. Thanks to the parcel number, you have the means to worry about the non-receipt of your parcel within 2 weeks. It's up to you to do what is necessary before the package leaves.
In the event of receipt of a clearly damaged package (already opened, missing products, etc.), the Customer must absolutely open the package in the presence of an employee of the partner carrier in order to have the damage observed.
Upon receipt of the result of the investigation (about 2 to 3 weeks), if it concludes that the package was indeed damaged during transport, we will send you the same item free of charge. Please note: if the Customer opens the package alone (without the presence of an employee of the partner carrier), the spoliation insurance will be automatically rejected by the departments concerned, no exchange or refund can then be considered. The By Cold Paris Company is not responsible for these instructions, which are simply the application of the general conditions of sale of the partner carriers.
ARTICLE 9: RIGHT OF WITHDRAWAL AND "SATISFIED OR REFUNDED" GUARANTEE
Pursuant to the provisions of article L.121-20 of the Consumer Code, the buyer has a period of fourteen (14) days, from the delivery of his order, to return the delivered item in order to obtain a refund without giving any reason.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
In all cases, the products must be returned in their original condition, packaging included with their label and any accessories, in perfect condition for resale. They must therefore not have been worn, washed or damaged. The customer must return the products accompanied by the order number to the headquarters of the By Cold Paris Company.
To exercise the right of withdrawal, you must notify us at contact@mauv-studio.com, By Cold Paris, of your decision to withdraw from this contract by means of an unambiguous statement (eg letter sent by post, fax or email). You can use the model withdrawal form but it is not mandatory. You can also complete and send the model withdrawal form or any other unambiguous statement on our website. If you use this option, we will send you an acknowledgment of receipt of the withdrawal without delay on a durable medium (e.g. by email)
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
ARTICLE 10: APPLICABLE LAW
All the clauses of these General Conditions of Sale, all transactions and purchase operations carried out from the website https://mauv-studio.com/ are subject to the law.
The competent court in the event of a dispute will be the one in whose jurisdiction the registered office of the By Cold Paris Company is located.
If one of the clauses or provisions of these General Conditions were to be canceled or declared illegal by a final court decision, this nullity or illegality will in no way affect the other clauses and provisions, which will continue to apply.
In the event of difficulty or of complaint on the occasion of an order, the customer can contact the By Cold Paris Company to find an amicable solution.
ARTICLE 11: PERSONAL DATA
The creation of a customer account on the website https://mauv-studio.com/ requires from the buyer the communication of a certain amount of personal data concerning him.
These data necessary for the processing of the order and the management of the commercial relations of the By Cold Paris Company with its customers are secure, kept confidential and are not subject to any commercial use by third parties. The databases relating to the storage of customer information are not created for the purpose of resale or commercial exploitation by a third party.
In accordance with Law n 78-17 of January 6, 1978, relating to data processing, files and freedoms, the buyer has a right of access, rectification and deletion of data concerning him and opposition. to their treatment. To exercise this right, the buyer can contact contact@mauv-studio.com
ARTICLE 12: RESPONSIBILITY
For all stages of access to the site, consultation, filling in forms, ordering, delivery of items or any other service, the By Cold Paris Company has only an obligation of means. Consequently, the responsibility of https://mauv-studio.com/ cannot be held liable for any inconvenience or damage inherent in the use of the Internet network and totally outside the diligence and precautions taken by https://mauv-studio.com/ . In particular, any disruption in the provision of the service, or any external intrusion or presence of computer virus, cannot engage the responsibility of https://mauv-studio.com/. Similarly, any fact qualified as force majeure within the meaning of the case law of the Court of Cassation completely exonerates https://mauv-studio.com/ from any liability.
The responsibility of By Cold Paris is systematically limited to the value of the product in question, value on its date of sale and this without the possibility of recourse to the brand or the company producing the product.
In the event of hypertext links pointing to other sites from By Cold Paris, the latter shall not be responsible for the content of the information provided on these sites after activation of these links.
By Cold Paris is not intended to sell to professionals. Consequently, By Cold Paris cannot be held liable for any prejudice whatsoever resulting from a professional activity (operating loss, loss of profit, loss of opportunity, damages and costs).
All orders placed at By Cold Paris are intended for the personal use of customers. Customers or recipients of the products are prohibited from any partial or total resale of the products. By Cold Paris de facto disclaims any legal liability if the payment of taxes was not made by the customer.
ARTICLE 13: INTELLECTUAL PROPERTY
All elements of the By Cold Paris site are and remain the exclusive intellectual property of By Cold Paris
Thus, none of the documents from the website https://mauv-studio.com/ may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
Anyone who has a personal website and who wishes to place, for personal use, on his website a simple link directly to the home page of the website https://mauv-studio.com/ , must request authorization from the By Cold Paris Company. It will in no way be an implicit affiliation agreement.
ARTICLE 14: GUARANTEES
All products for sale on the site https://mauv-studio.com/ benefit from the legal guarantee of conformity (L211-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing the buyer to obtain a replacement product if it proves, after expertise, to be defective or non-compliant. A contribution to the shipping costs will be requested from the customer for the replacement of the defective product.
According to article 1386-1 of the Civil Code, only the manufacturer is responsible for product safety. Only the suppliers guarantee that the products presented for sale comply with the description communicated and that they have no hidden defects rendering them unsuitable for their normal use. The only contractual guarantee is that granted by the supplier By Cold Paris therefore declines all responsibility in the event of an error in the description of a product, given that the pictures and descriptions illustrating the products on sale are only indicative. .
By Cold Paris cannot be held liable for damages of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed. The same applies to any modifications to the products resulting from the manufacturers. The responsibility of By Cold Paris will, in any case, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the products.
No compensation can be requested apart from those provided for by the Consumer Code. If a problem arises, the buyer first contacts By Cold Paris in order to obtain an amicable solution. In the event of a dispute, the Tribunal de Grande Instance of Orleans will have sole jurisdiction.
ARTICLE 15: CONSUMER MEDIATOR
Use of customer service: In the event of a disagreement/dispute concerning a product sold on our website, the customer may send a reasoned complaint to our customer service:
By email: contact@mauv-studio.com
Recourse to the mediator: From January 1, 2016, if after having exhausted the means of recourse with our customer service, a misunderstanding or disagreement persists between us and subject to the conditions of admissibility provided for by the Consumer Code, the customer can contact the Consumer Ombudsman free of charge, to whom we report, who will try to bring the Parties closer together with a view to an amicable solution