Terms of Sales

Article 1 – Identification of the Seller

The website  www. misschadou.com  (the “ Website ”) is operated by Miss Chadou, whose registered office is at 231 rue Saint-Honoré, 75001 Paris, France, and whose unique identification number is 933 826 687 00016. 

 

Article 2 – General provisions

2.1. PURPOSE

The general terms and conditions of sale (the “ Terms and Conditions ”) apply exclusively to the online sale of ready-to-wear products and related products and accessories by Miss Chadou (the “ Seller ”) on the Website, which is freely accessible at no charge.

2.2. SCOPE

The Terms and Conditions govern online sales contracts for the Seller’s products to buyers who are Consumers, meaning natural persons acting for personal purposes (the “ Consumers ”), and together with the online order constitute the paper and/or electronic documents formalizing the distance sales contract between the parties, to the exclusion of all other documents.

The Terms and Conditions apply exclusively to products delivered to Consumers residing in France and/or a Member State of the European Union.

2.3. AVAILABILITY AND BINDING NATURE

The Terms and Conditions are made available to Consumers on the Website for free consultation and as a step in the ordering process.

The Terms and Conditions are binding on the Consumer, who acknowledges by ticking the box provided for this purpose when placing an order, as specified in Article 6 below, that they have read and accepted them before placing the order.

Confirmation of the order constitutes acceptance of the Terms and Conditions in force on the date of the order, which the Seller stores and reproduces in accordance with Article 1127-2 of the Civil Code.

2.4. NULLITY – WAIVER

The nullity of a contractual clause does not render the Terms and Conditions null and void, unless that clause was a decisive factor in the parties’ consent.

The Seller’s non-enforcement of a provision of the Terms and Conditions shall not constitute a waiver by the Seller, unless there is a clear and unequivocal affirmative act.

 

Article 3 – Products

3.1. CHARACTERISTICS

Products offered for sale on the Website are described. Photographs do not form part of the offer, provided they are not misleading.

3.2. STOCK AVAILABILITY

Products are offered for sale and delivered subject to availability.  If an ordered product is unavailable, the Seller will inform the Consumer and may offer a product of equivalent quality and price or, failing that, a voucher for the order amount, redeemable against any future order.

In the event of disagreement, the Seller will refund the sums paid within fourteen (14) days. The Seller shall not be liable for any cancellation compensation.

 

Article 4 – Prices

4.1. SALE PRICE

The sale price is the price in force on the date the order is placed.

In accordance with Article L. 112-1 of the Consumer Code, the sale prices for each product listed in the electronic catalogue are shown in euros, inclusive of all taxes, excluding delivery and shipping costs, which are disclosed before the order is confirmed and charged in addition.

The total amount payable by the Consumer is shown on the order confirmation page of the Website (see Article 6 below).

4.2. CHANGES

The Seller reserves the right to change its prices at any time, provided that the price in force on the date the order is placed shall apply in all cases.

4.3. FEES

Additional transport, delivery or postage costs (to which any other costs incurred by the Seller must be added), which the customer may review before placing the order, are set out on the order form.

 

Article 5 – Offer

5.1. GEOGRAPHICAL SCOPE OF THE ONLINE SALES OFFER

Online sales offers displayed on the Website are reserved for Consumers residing in France and/or a Member State of the European Union, and for deliveries to those same geographical areas.

5.2. DURATION

Unless a specific duration is stated, online sales offers displayed on the Website remain valid while the products are listed in the electronic catalogue and subject to availability.

5.3. ACCEPTANCE

The Consumer accepts the offer by confirming the order in accordance with the double-click procedure.

 

Article 6 – Order with PAYMENT OBLIGATION

6.1. STEPS FOR CONCLUDING THE CONTRACT

1. To place an order, the Consumer must create an account.

2. The Consumer fills the shopping cart  by indicating the selected products and desired quantities, then clicks the “ order  ” button on the icon representing the shopping cart. A “ summary  ” page displays the selected product(s) and quantities. 

3.  Before clicking the “ order  ” button again, the Consumer may check the details of their order  and its total price, and return to previous pages to correct any  errors or, if necessary, modify their order.

4.  They then provide the delivery information (delivery address and method, in two steps).

5.  When confirming the order, at the transport validation stage, the Consumer must then accept the Terms and Conditions by ticking the box provided for this purpose, thereby forming the contract. The Terms and Conditions can be viewed by clicking the “ Read the General Terms and Conditions of Sale  ” link.

6.  Payment is then made by credit card or via PayPal, with an additional charge of two euros (EUR 2). 

7.  Before selecting a payment method, the Consumer may view the order summary  again and return to previous pages to correct any errors  or, if necessary, modify their order.

6.2. ORDER MODIFICATIONS

Any modification to an order by the Consumer after its confirmation is subject to the Seller’s acceptance.

The Seller reserves the right to make changes to the ordered product that are related to technical developments, under the conditions provided for in Article R. 212-4 of the Consumer Code.

 

6.3. ORDER CONFIRMATION

The Seller reserves the right to refuse any order for legitimate reasons, particularly if the quantities of products ordered are unusually high for buyers who are Consumers.

6.4. ACKNOWLEDGMENT OF RECEIPT OF ORDER

The Seller acknowledges receipt of the order electronically. 

 

Article 7 – Contract

7.1. CONCLUSION

The sales contract is formed when the Consumer sends confirmation of their order.

7.2. RETENTION AND EVIDENCE

Communications, order forms and invoices are archived on a reliable and durable medium to ensure an accurate and durable copy, in accordance with Article 1366 of the Civil Code and Article L. 213-1 of the Consumer Code. These communications, order forms and invoices may be submitted as evidence of the sales contract.      

                                                                                                                        

7.3. TERMINATION

The Consumer may rescind the order by registered letter with acknowledgment of receipt or by writing on another durable medium in the event of:

  • delivery of a non-conforming product;

  • delivery exceeding the deadline set in the order form or, in the absence of such a date, thirty days after the conclusion of the contract, after the Seller has been enjoined, under the same terms and without success in the meantime, to carry out the delivery within an additional period reasonably consistent with Article L. 216-2 of the Consumer Code;

  • a price increase that is not justified by a technical modification of the product imposed by public authorities.

The Seller shall refund the sums paid within fourteen (14) days from the date on which the contract was issued.

It is specified that, pursuant to Article L 241-4 of the Consumer Code, when the trader has not refunded the full amount of the above within the said fourteen (14) day period, it shall be increased by right by 10% if the refund occurs no later than thirty days after this deadline, by 20% up to sixty days, and by 50% thereafter.

In all these cases, the buyer may demand the refund of the advance payment made, increased by interest calculated at the legal rate from the date the advance payment was collected.

The Seller may rescind the order in the event of:

  • the buyer refusing to take delivery;

  • non-payment of the price (or the balance of the price) at the time of delivery.

In all these cases, the advance payment made for the order remains with the Seller as compensation.

 

Article 8 - Payment

Article 8: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer may make payment by credit card or via PayPal. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card

 

is carried out by our payment service provider. The information transmitted is encrypted according to the state of the art and cannot be read during transmission over the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. Pursuant to Article L. 132-2 of the Monetary and Financial Code, the payment commitment made by card is irrevocable. By providing their banking information at the time of sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the indicated price. The Customer confirms that they are the legal holder of the debit card and that they are legally entitled to use it. In the event of an error, or the inability to debit the card, the Sale is immediately rescinded by operation of law and the order canceled.

 

 

 

 

SECURE PAYMENT

 

We offer our customers a simple, convenient, and 100% secure online payment solution.


We use Standard Secure Sockets Layer (SSL) technology to encrypt sensitive information, such as your name or address, as well as highly sensitive information, such as details regarding your payment method. The information your computer transmits to our website cannot be read, even if it were intercepted. 

To pay for your order, choose the payment method that best suits you: 


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Article 9- Delivery

9.1. DELAY

When the ordered product is not delivered by the expiration of the deadline stated on the order form or, failing that, the supplementary legal deadline of thirty days, the Consumer may, after having unsuccessfully placed the Seller in default to carry out the delivery within an additional reasonable period, rescind the contract by registered letter with acknowledgment of receipt or by writing on another durable medium.

9.2. PLACE OF DELIVERY

Products are delivered to the address indicated by the customer on the order form.

9.3. DELIVERY TERMS

Delivery is carried out by directly handing the product to the Consumer at the address indicated when placing the order online. It is the Consumer's responsibility to check the condition of the delivered product in the presence of the delivery person and, in the event of damage or missing items, to make reservations on the delivery note or transport receipt, and if necessary, to refuse the product and inform the Seller.

In the absence of direct delivery, the Seller sends a notice of availability to the Consumer, who must collect the ordered product within fifteen (15) days of the notice. In the absence of collection within this period, the Seller may, after a default notice that has had no effect, rescind the order by operation of law and retain the advance payment made and the product as compensation.

9.4. DELIVERY AND TRANSFER OF RISK

The risks of loss or damage to the goods are transferred to the Consumer at the moment they, or a third party designated by them, take physical possession of the good.

The product, which is delivered to the Consumer by a carrier chosen by the Seller, travels at the Seller's risk and peril.

The product, which is delivered to the Consumer by a carrier chosen by them, travels at the Consumer's risk and peril from the moment the good is handed over to the carrier.

 

Article 10 - Legal guarantee of conformity and guarantee against hidden defects

10.1. INFORMATION OF THE CONSUMER

It is recalled that all products supplied by the Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

10.2. IMPLEMENTATION OF THE GUARANTEE OF CONFORMITY

Pursuant to Article L. 217-4 of the Consumer Code, “ the Seller is required to deliver a good conforming to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter has been made its responsibility under the contract or has been carried out under its responsibility .”

Pursuant to Article L. 217-5 of the Consumer Code, “ To conform to the contract, the good must:

1 o  Be fit for the purpose normally expected of a similar good and, where applicable:

  • correspond to the description given by the Seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;

  • possess the qualities that a buyer may legitimately expect having regard to the public statements made by the Seller, the manufacturer, or their representative, notably in advertising or labeling;

2 o  Or possess the characteristics agreed upon by the parties or be fit for any special purpose sought by the buyer, made known to the Seller and accepted by the latter.

Pursuant to Article L. 217-12 of the same code: “ The action resulting from the lack of conformity is time-barred after two years from the delivery of the good .”

When acting under the legal guarantee of conformity, the Consumer:

  • benefits from a two-year period from the delivery of the good to act;

  • may choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

  • is exempt from having to prove the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.

Pursuant to Article L. 217-16 of the same code: “ When the buyer requests the Seller, during the term of the commercial guarantee granted to them upon the acquisition or repair of a movable good, a reinstatement covered by the guarantee, any immobilization period of at least seven days shall be added to the remaining duration of the guarantee. This period runs from the date of the buyer's request for intervention or the making available of the good in question for repair, if this making available is subsequent to the request for intervention .”

10.3. IMPLEMENTATION OF THE GUARANTEE AGAINST HIDDEN DEFECTS

Pursuant to Article 1641 of the Civil Code, “ The Seller is liable under the guarantee for hidden defects of the sold item that render it unfit for the purpose for which it was intended, or so diminish this purpose that the buyer would not have acquired it, or would have given a lower price, had they known of them .”

Pursuant to Article 1648 of the Civil Code, “ The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect .”

The Consumer may decide to invoke the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In this event, they may choose between the rescission of the sale or a reduction of the sale price pursuant to Article 1644 of the Civil Code.

Independent of the commercial guarantee, the Seller remains liable under the legal guarantee of conformity mentioned in Articles L. 217-4 et seq. of the Consumer Code and the guarantee relating to defects of the sold item, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

Article 11 Right of Withdrawal

11.1. Conditions, deadlines, and terms of exercise 

You will have the right to withdraw, without giving a reason, within fifteen (15) days after the day on which you, or the third parties you have designated to do so, take physical possession of the good or, where applicable, the last batch or the last item.

To exercise the right of withdrawal, you must notify us of:

  • your name, your geographic address and, when available, your telephone number and your email address;

  • as well as your decision to withdraw by means of an unambiguous statement (letter, email). 

11.2. Withdrawal Form Template and Information Notice

You may use the withdrawal form template at the bottom of the document, but this is not mandatory.

An information notice is also included in the appendix at the bottom of the document.

11.3. EFFECTS

In the event of withdrawal, we will refund all payments received from you, including delivery costs (except for any additional costs resulting from your choice, where applicable, of a delivery method other than the least expensive standard delivery method we offer), without undue delay and, in any event, no later than fourteen days from the day on which we receive notification of your decision to withdraw.

We will issue the refund using the same payment method you used for the initial transaction. With your express consent, another method may be used. In any event, this refund will not incur any costs for you.

Please note that if you withdraw after using the goods, you will be liable for any diminution in their value resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. 

The Seller reserves the right to defer the refund until receipt of the goods covered by the order, or until the customer has provided proof of shipment of such goods, whichever occurs first.

16.3. Return – return costs 

In the event of withdrawal by the customer, the customer must return or send back the goods to Miss Chadou, 231 rue Saint-Honoré, 75001 Paris, France , without undue delay and, in any event, no later than fourteen (14) days after communicating the withdrawal

Article 17 - Contact

For any questions regarding these General Terms and Conditions or your order, you may contact Miss Chadou:
Email: contact@misschadou.com
Telephone: +33 7 59 54 57 22
Address: 231 rue Saint-Honoré, 75001 Paris, France
SIREN: 933 826 687 — VAT: FR84 933 826 687