General terms and conditions of sale
Any online purchase made on the website mademoiselle-martin.fr is subject to prior knowledge and acceptance of these general terms and conditions of sale.
These general terms and conditions of sale (hereinafter "GTC") apply exclusively between any customer and the company ADISSEY SARL registered in the Trade and Companies Register of Pau under number 84419471200015 (hereinafter ADISSEY SARL). Any user can read the GTC from all pages of the Site. The GTC are applicable without restriction or reservation to all items offered for sale on the Site. Any order on the site is conditioned by prior and unreserved consultation and acceptance by the Customer of these GTC and the applicable tariffs. Validation of an order according to the order procedure proposed on the site shall constitute acceptance of these GTC. These GTC prevail over all other documents.
2. CHARACTERISTICS OF ITEMS
The items available for sale are those listed on the site. Offers are valid as long as they are visible on the site. Il They are offered within the limits of the availability posted on the site. ADISSEY SARL reserves the right to remove from sale, at any time, any article present on the site and or to replace or modify any information associated with the articles appearing on this site. In the event of an article being unavailable, after placing his order, the customer is informed by e-mail, his order being automatically cancelled. The characteristics of the items sold on the site (photographs, graphics and descriptions of the items, etc.) are given for information purposes and may vary over time. Only the visual of the item displayed at the time of the order must be taken into consideration by the customer. The features and visuals are non-contractual. In the event of errors or omissions relating to the description of an item, the liability of ADISSEY SARL shall be limited to reimbursement of the reasonable costs of return of the item incurred by the customer.
3. CREATION OF CUSTOMER ACCOUNT
Any ordering of items via the Site must first require the creation of a customer account. Any major customer can freely and free create a customer account through the "Create an account" section.
The creation of a customer account is carried out by the customer by filling in the form proposed for his identification data. This account is strictly personal and allows him to identify himself before validating each order.
When creating the customer account, the customer enters the data that enables his identification under his entire responsibilities, controls and directions and undertakes to communicate complete, accurate and up-to-date information, and not to usurp the identity of a third party, or to mask or alter its age.
When creating a customer account, the customer chooses his username (e-mail) and password. If the selected username is already assigned, the system prompts the user to choose another one.
Username and password are personal and confidential. The client is solely responsible for them.
The customer agrees to keep his password secret and not disclose it under any circumstances and for any reason whatsoever. In case of suspicion of the use of the username and password by a third party, the customer must immediately alert ADISSEY SARL to change his password and / or choose to close his account.
ADISSEY SARL reserves the right to close any customer account and therefore to refuse any sale to a customer in the following cases:
- Failure to pay for one or more previous orders.
- Abuse, unfair or fraudulent use of the order service offered on the site or not respecting any of the customer’s obligations defined in the GTs.
In this case, ADISSEY SARL sends an e-mail to the customer concerned at the address he has communicated when creating his customer account informing him of the deactivation of his username and password and the closure of his account.
In general, the customer is informed that his account may be closed following the first request of the customer sent by e-mail to ADISSEY SARL.
4. ORDER OF ITEMS
Any order presupposes the customer’s registration or identification via its customer account.
All orders involve a payment obligation.
The customer declares that he is at least 18 years old and has the legal capacity to place his order.
To place an order, the customer must follow the online purchase process and click “order” to submit the order.
The payment of the order shall be deemed to be acceptance of these GTC, the price of the items and the contents of the order.
After payment validation, ADISSEY SARL sends the customer an e-mail confirming his order.
All orders are subject to prior acceptance by ADISSEY SARL and are definitively confirmed only after the customer has received an e-mail confirming the shipment of the item(s).
If the customer does not receive any e-mail following his order, it is up to him to contact the customer service ADISSEY SARL in accordance with the terms described in article 11 of these GTC.
ADISSEY SARL may under no circumstances be held liable in the event of an error in the entry or transmission of an entry error that does not allow the delivery of the confirmation e-mail and/or items.
It is recommended that the customer print the e-mail confirming his order.
For any question relating to the follow-up of an order, the customer must consult his customer account on the site or contact the customer service according to the conditions described in article 11 of these GTC.
5. PRICE OF ITEMS
The prices are indicated on the website in euros, all taxes included, excluding participation in the processing and shipping costs.
They take into account the VAT and any discounts applicable on the day of the order.
Any new taxes or contributions, including environmental taxes, are liable to be passed on to the selling price of the articles.
The prices of the products are exclusive of delivery costs (postage, packaging and packaging of the parcel according to the amounts in force).
The amount of the shipping costs is specified on the site before validation of the order.
ADISSEY SARL reserves the right to change the prices of the articles at any time, the articles being invoiced on the basis of the rates in force at the time of validation of each order.
The price of the items invoiced is therefore that indicated at the time of the order.
The items remain the full property of ADISSEY SARL until full payment of the price, which the customer acknowledges and accepts.
6. PAYMENT OF THE ORDER
The price charged to the Customer is the price indicated in the confirmation of the order addressed to the customer by e-mail.
The order is payable immediately by credit card (CB, VISA, MASTERCARD, AMERICAN EXPRESS).
The customer is informed by e-mail, once the order is shipped, that his invoice including the delivery charges and the applicable VAT is accessible online on the customer account.
Transactions made on the site are entrusted to a secure online payment platform.
They are secured by a solution that offers highly secure pages for entering payment data: card number, expiration date and the visual cryptogram.
This platform encrypts and then transmits these payment data to the bank, in complete confidentiality and makes them inaccessible to a third party.
7. TERMS OF DELIVERY
The customer will receive by e-mail an order number confirming its proper support.
The customer will be informed of the various stages of his order by e-mail.
The dispatches are announced by e-mail to the customer, at the email address he has filled on his customer account.
The ordered items will be delivered within a maximum of 30 calendar days from the registration of the order, subject to full payment of the price.
Deliveries are at the Customer’s expense.
With the shipping number, the customer can track his parcel on the carrier’s website.
The customer is informed that it is his responsibility to provide exactly all the details necessary for the correct ordering and the perfect delivery (access code, access specification for example).
If the customer is absent at the time of delivery, a transit notice informs the customer of the terms and conditions of the retention of his parcel and its availability, under the full and exclusive responsibility of the carrier.
If the delivery address entered by the Customer is not valid and therefore results in a return of the parcel for non-receipt to the address indicated, the costs of redirecting the parcel to the new address transmitted will be borne by the customer.
A delivery slip is included in the package, summarizing the items ordered and actually delivered.
The customer assumes all and only the risks relating to the items from their delivery.
8. DELIVERY TIME
The items are delivered to the address indicated by the customer at the time of the order at the latest on the date indicated at the time of the order, depending on the country of delivery.
ADISSEY SARL makes every effort to deliver the order within 3 working days from the date of the order and undertakes that the delivery will be carried out within a maximum of 30 calendar days.
In the event of delivery delays of more than 7 working days in relation to the maximum period referred to above, the Customer may contact ADISSEY SARL by e-mail to order it to execute the delivery within a reasonable period of time. In the event of non-compliance with this new deadline, the customer may ask ADISSEY SARL by e-mail to cancel his order.
The contract and therefore the sale will be considered as broken upon receipt by ADISSEY SARL of the e-mail or a letter by which the customer informs him of his decision unless the delivery has taken place between the sending and the receipt of the e-mail or letter from the customer.
In the event that the order is definitively cancelled, the customer will obtain the refund of the price paid for his order within 14 calendar days following the cancellation confirmed by e-mail.
In the event that the customer receives the parcel after cancellation of the order, ADISSEY SARL will refund the item(s) cost, upon receipt of all of them in their perfect state of origin.
Each delivery shall be deemed to have been made as soon as the parcel is made available to the customer, in particular by the carrier, as evidenced by the control system used by the carrier.
If the package is damaged or if the item does not match the customer’s order, the customer must initiate within 30 calendar days after shipment the return procedure described in Article 9 below.
In the event of delivery by a carrier requiring an appointment with the customer, the carrier shall contact the customer as soon as possible to arrange an appointment of delivery, 30 calendar days at the latest from the date of validation of the order.
ADISSEY SARL cannot be responsible for late delivery due exclusively to unavailability of the customer after several appointment proposals by the carrier.
If, during the same order, the delivery dates of several items are different, the delivery date is based on the furthest date from the order date.
In the event of delivery of an item that does not correspond to the customer’s order, or of a transport-related defect, the customer may return the item to ADISSEY SARL by following the procedure set out below and accessible on the site.
This refund procedure is exclusive of any exchange, in order to save the customer the time and modalities of the exchange procedures likely to present a major inconvenience for him.
In order to receive the refund:
The customer must, at the latest within 14 calendar days of receipt of the order, return the product using the return slip, in its original state, accompanied by the original packaging and the intact return/exchange safety label attached to the product.
Any complaint lodged after this period cannot be accepted and ADISSEY SARL will be relieved of all liability. ADISSEY SARL will bear the costs of return: For this purpose, the customer must use the prepaid postal label and stick it to the package. The customer will return the items in the original packaging to the following address:
9 IMPASSE LOU CADET
Any non-compliant return (without the intact return/exchange safety label attached to the product) will be rejected and ADISSEY SARL will be released from any liability. Once the returned items have been verified, ADISSEY SARL undertakes to reimburse the customer as soon as possible and no later than 14 calendar days from the date of receipt of the return parcel, on the customer’s bank account or payment account used for the payment of items.
10. RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the customer has a period of 14 calendar days from the receipt of his order to exercise his right of withdrawal without having to justify reasons or pay penalties.
If the customer wishes to use his right of withdrawal, he must send an email to firstname.lastname@example.org with as object "Returns and refunds" for validation. The validation email must be printed and inserted into the package to be returned: no return can be validated without it.
Once the return email is printed, the Customer proceeds to the return – shipment within 7 calendar days of the date of the return voucher – of the non-compliant item(s), in the original packaging of the items, using the prepaid label, at the following address:
9 IMPASSE LOU CADET
All returns must include the return voucher and all items on the order that the customer is not satisfied with.
These items must be returned properly protected, in their original packaging (a carefully opened packaging will not be considered as damaged packaging) and in a perfect resale state (not damaged, not damaged, not used, soiled or washed by the customer with the safety label intact and attached to the product).
Once the returned items have been verified, ADISSEY SARL undertakes to reimburse the customer for all the sums paid in respect of its order, including delivery costs (based on the standard delivery rate), as soon as possible and no later than 30 calendar days after the date of receipt of the return package, on the customer’s bank account or payment account used for the payment of the items.
11. CUSTOMER SERVICE
For any information or question, for order monitoring, or to enforce the warranty, the customer must contact the customer service by e-mail by filling in the contact form located on the contact page of the site.
The articles are guaranteed against defects of conformity and latent defects under the conditions laid down in articles 1641 to 1649 of the Civil Code and L 211-1 and following of the Code of Consumption, and this from the delivery:
- Article 1641 of the Civil Code: the seller is bound by the warranty because of the hidden defects of the sold thing which render it unsuitable for the purpose for which it is intended, or which reduce this use so much, that the buyer would not have acquired it, or would have given only at the lowest price, if he had known them.
- Article 1648 paragraph 1 of the Civil Code: the action resulting from the defects must be brought by the buyer within two years of the discovery of the defect.
- Article L. 211-4 of the Code of Consumption: the seller is obliged to deliver a good conforming to the contract and answers for any non-compliance existing at the time of issue. He shall also be liable for any non-conformity resulting from the packaging, installation instructions or installation when it has been placed under his responsibility by the contract or has been carried out under his responsibility.
- Article L. 211-5 of the Code of Consumption: in order to comply with the contract, the good must: 1. Be fit for the usual intended use of a similar good and, where applicable: – match the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- Present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, the producer or his representative, in particular in advertising or labelling;
- Or present the characteristics defined by mutual agreement of the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which this latter has accepted;
- Article L. 211-12 of the Code of Consumption: the action resulting from the non-compliance is prescribed within two years from the issue of the property.
This guarantee allows the customer to return defective or non-compliant delivered items for reimbursement under the above conditions.
13. CONVENTION ON PROOF
The customer acknowledges and accepts that the order registration systems demonstrate all transactions between ADISSEY SARL and the customer.
The Customer acknowledges and agrees that the proof of acceptance of the GTC is characterized by ticking the word “I have read and agree to the terms and conditions of sale”.
To this end, the customer acknowledges and accepts that the computerized data stored on the computer servers of ADISSEY SARL under reasonable conditions of security and integrity are considered irrefutably, as proof of acceptance of the terms of the GTCs and proof of all transactions between ADISSEY SARL and the customer.
ADISSEY SARL will archive purchase orders and invoices in a reliable and durable medium, in accordance with the provisions of Article 1348 of the Civil Code and guarantees access to it to the customer at any time if he requests it in accordance with the provisions of Article L 134-2 of the Consumer Code.
Therefore, unless ADISSEY SARL manifest error is proven by the customer, the customer will not be able to contest the admissibility, validity or probative force of the GTC and the contents of the order, on the basis of any legal provision that would specify that certain documents must be written or signed in order to constitute evidence.
Thus, these elements constitute evidence and, if produced as evidence by ADISSEY SARL in any litigation or other proceedings, will be admissible, valid and enforceable in the same manner, under the same conditions and with the same weight as any document that would be prepared, received or kept in writing.
At any time, the customer has the option of printing, downloading and storing a copy of the GTC on paper and electronically.
ADISSEY SARL reserves the right to modify the information contained in this site at any time and without prior notice.
ADISSEY SARL undertakes to describe the items sold on the site with the greatest possible accuracy and to ensure that the information distributed on the site is kept up to date in the best possible conditions.
However, ADISSEY SARL cannot guarantee the exactness, accuracy or completeness of the information made available to customers within the site.
In the event of non-substantive differences between the photos of the presentation of the articles on the site, texts and illustrations and the articles ordered, the responsibility of ADISSEY SARL would not be engaged.
The customer acknowledges and accepts that the prices of the items are likely to vary between the website and the stores, or partners, and that in no case this difference in price can be based on a claim for reimbursement neither total nor partial of the items purchased on the site.
The responsibility of ADISSEY SARL cannot be retained in the event of a breach of one of its contractual obligations resulting from a fortuitous case or a case of force majeure as defined by the case law rendered by the French courts.
In particular, ADISSEY SARL will not be liable for any non-performance or delay in the execution of orders, caused by events beyond its control ("force majeure").
A case of force majeure includes any act, event, non-achievement, omission or accident beyond the control of ADISSEY SARL and includes (without limitation):
- Strikes, closures or other industrial actions.
- Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat of war preparation.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or other natural disasters.
- Impossibility of using transport by rail, ships, planes, roads or other private or public means of transport.
- Impossibility of using public and private telecommunications networks.
- Acts, decrees, legislation, regulations or restrictions of all governments.
- Strikes, malfunctions or accidents of maritime, postal or other transport.
The execution of the GTC will be suspended as long as the case of force majeure lasts and the deadlines for execution and delivery will be extended accordingly. ADISSEY SARL will endeavour as far as possible to put an end to the case of force majeure or to find a solution allowing it to fulfil its contractual obligations despite the case of force majeure.
ADISSEY SARL is solely responsible for any direct and foreseeable damage at the time of use of the site or the conclusion of the sales contract with the customer, excluding any indirect damage.
ADISSEY SARL grants a limited license to access and use the site for personal, non-professional or non-commercial use of the site in favour of the customer.
Under no circumstances is the customer allowed to download or modify all or part of this site without the express written permission of ADISSEY SARL.
This site or any part of this site must not be reproduced, copied or sold or operated for commercial or professional reasons without the express written permission of ADISSEY SARL.
The customer must not use techniques to copy a trademark, logo or any other information (including images, texts, mock-ups) owned by ADISSEY SARL without express written permission.
ADISSEY SARL authorises the customer, on a non-exclusive and revocable basis, to create a hypertext link pointing to the home page of the site provided that this link cannot be created against the articles, of ADISSEY SARL or any of its registered trademarks, a deceptive, false, pejorative, infringing or injurious character to ADISSEY SARL.
Under no circumstances will the creation of this hyperlink be liable to ADISSEY SARL in any capacity whatsoever.
16. INTELLECTUAL PROPERTY
ADISSEY SARL is the exclusive owner of the intellectual property rights:
On the articles proposed on the site,
On the brands associated with the items,
On the site, and in particular on its tree structure, on the organisation and title of its headings, on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on software, texts, animated or still images, sounds, skills, drawings, graphics and any other component of the site,
On the databases, their structure and contents, designed and managed by ADISSEY SARL for the purposes of publishing the site,
On all site design elements, be they graphic or technical,
Names, acronyms, logos, colours, graphics or other signs that could be used, made or implemented by ADISSEY SARL.
It is therefore prohibited to reproduce, in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraph, as well as to alter trademarks, patents, names, acronyms, logos, colours, graphics or other signs appearing on these elements other than as part of the execution of this document.
As such, the reproduction or use of all or part of these elements is only permitted for the exclusive purpose of information for personal and private use, any reproduction or use of copies made for other purposes being expressly prohibited.
Any other use, except with the prior written permission of ADISSEY SARL, constitutes counterfeiting and is sanctioned under intellectual property law.
Any creation of hypertext links to the home page of the site, or any other page of the site, is subject to the prior written consent of ADISSEY SARL.
17. MODIFICATION OF GTC
In view of possible changes to the site and regulations, ADISSEY SARL reserves the right to modify the GTC at any time.
The new GTC will, where appropriate, be brought to the customer’s attention by online modification and will be applicable only to sales made after the modification.
18. APPLICABLE LAW
These GTC are subject to French law.
Any disagreement will fall under the exclusive jurisdiction of the French courts of the customer’s place of residence, in the absence of an amicable agreement between the customer and ADISSEY SARL.
In accordance with the provisions of the Consumer Code concerning the “consumer dispute mediation process”, the customer has the right to use the mediation service offered by ADISSEY SARL free of charge.
The mediator of the consumption thus proposed is MEDICYS.
This mediation device can be reached by:
– Internet: www.medicys.fr
– Post Mail: MEDICYS – centre de médiation et règlement amiable des huissiers de justice – 73 boulevard de Clichy – 75009 PARIS
In accordance with Article L 152-2 of the Consumer Code, one of the preconditions for the examination of the dispute for MEDICYS is that the consumer must justify having tried to resolve the dispute in advance directly with the customer service of ADISSEY SARL, by a complaint lodged by e-mail in accordance with the procedures defined in Article 10 above.