Terms of Sales

Article 1 Designation of the Seller

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

Article 2 - General provisions

2.1. PURPOSE

The general terms and conditions of sale (the " GTC ") are exclusively applicable to the online sale of ready-to-wear products and related accessories of the company Miss Chadou (the " Seller ") on the Website, which is freely accessible.

2.2. SCOPE OF APPLICATION

The GTC govern online sales contracts for the Seller's products to buyers who are Consumers, understood as natural persons acting for personal purposes (the " Consumers ") and constituting, with the online order, the paper and/or electronic documents formalizing the distance selling contract between the parties, to the exclusion of all other documents.

The GTC are exclusively applicable to products delivered to Consumers established in France and/or in a member country of the European Union.

2.3. AVAILABILITY AND BINDING NATURE

The GTC are made available to Consumers on the Website for free consultation and as a step in the order process.

The GTC bind the Consumer, who acknowledges, by ticking the box provided for this purpose when placing the order as specified in Article 6 below, having read and accepted them before placing an order.

The validation of the order by its confirmation constitutes adherence to the GTC in force on the day of the order, whose preservation and reproduction are ensured by the Seller in accordance with Article 1127-2 of the Civil Code.

2.4. INVALIDITY - WAIVER

The invalidity of a contractual clause does not entail the invalidity of the GTC unless it is an essential and determining clause for the consent of the parties.

The non-application of a clause of the GTC by the Seller shall not constitute a waiver on its part, unless there is a positive and unequivocal act.

Article 3 - Products

3.1. CHARACTERISTICS

The products offered for sale on the Website are subject to a description. Photographs are not part of the offer, provided they are not misleading.

3.2. STOCK AVAILABILITY

Products are offered and delivered subject to stock availability. In case of unavailability of the ordered product, the Seller informs the Consumer and may offer a product of equivalent quality and price or, failing that, a voucher for the amount of the order usable for any future order.

In case of disagreement, the Seller will refund the amounts paid within fourteen (14) days. The Seller is not liable for any cancellation compensation.

Article 4 - Price

4.1. SELLING PRICE

The selling price is the one in force on the day of the order.

Selling prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalog, in euros including all taxes, excluding delivery and transport costs mentioned before order validation and charged additionally.

The total amount due by the Consumer is indicated on the order confirmation page of the Website (See Article 6 below).

4.2. MODIFICATION

The Seller reserves the right to modify its prices at any time, but in any case, the price in force on the day of the order will apply.

4.3. CHARGES

Additional transport, delivery or postage costs (to which any other costs incurred by the Seller must be added), of which the customer was aware before placing the order, are fixed on the order form.

Article 5 - Offer

5.1. GEOGRAPHICAL SCOPE OF THE ONLINE SALES OFFER

The online sales offers presented on the Website are reserved for Consumers residing in France and/or in a member country of the European Union and for deliveries within these same geographical areas.

5.2. DURATION

The online sales offers presented on the Website are valid, unless otherwise specified, as long as the products are listed in the electronic catalog and while stocks last.

5.3. ACCEPTANCE

The acceptance of the offer by the Consumer is validated, in accordance with the double-click process, by the confirmation of the order, as appropriate.

Article 6 - Order with PAYMENT OBLIGATION

6.1. STAGES OF CONTRACT CONCLUSION

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

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

3. Before clicking again on the " order " button, the Consumer has the possibility to check the details of their order and its total price and to return to previous pages to correct any errors or possibly modify their order.

4. Then, they provide the delivery information (place and method of delivery through two steps).

5. The confirmation of the order then implies, at the time of transport validation, the acceptance of the GTC by ticking the box provided for this purpose, thus forming the contract, it being specified that the GTC can be consulted by clicking on the link " Read the general terms and conditions of sale ".

6. Payment then occurs by credit card or via PayPal with an additional fee of two euros (2 EUR).

7. Before choosing payment, the Consumer can again view the order summary and return to previous pages to correct any errors or possibly modify their order.

6.2. ORDER MODIFICATION

Any modification to an order by the Consumer after confirmation of their order is subject to the Seller's acceptance.

The Seller reserves the right to make modifications 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 VALIDATION

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 who are Consumers.

6.4. ORDER ACKNOWLEDGEMENT

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. ARCHIVING AND PROOF

The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with Article 1366 of the Civil Code and Article L. 213-1 of the Consumer Code. These communications, purchase orders and invoices can be produced as proof of the sales contract.

7.3. RESOLUTION

The order may be cancelled by the Consumer by registered letter with acknowledgment of receipt or by a written document on another durable medium in the event of:

  • delivery of a non-compliant product;

  • delivery exceeding the deadline set in the purchase order or, in the absence of such a date, within thirty days following the conclusion of the contract, after the Seller has been instructed, under the same conditions and without result in the meantime, to make the delivery within a reasonable additional period in accordance with article L. 216-2 of the Consumer Code;

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

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

It is specified that, in accordance with article L 241-4 of the Consumer Code, if the professional has not reimbursed the full amount within the aforementioned fourteen (14) days, these amounts will be automatically increased by 10% if the reimbursement occurs no later than thirty days beyond this deadline, by 20% up to sixty days, and by 50% thereafter.

In all these cases, the buyer can demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date the deposit was cashed.

The order can be cancelled by the Seller in case of:

  • buyer's refusal to take delivery;

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

In all these cases, the deposit paid upon order remains acquired by the Seller as compensation.

 

Article 8 - Payment

Article 8: Payment

Payment is due immediately upon order, including for pre-ordered products. The Customer can pay by bank card or via the Paypal solution. Cards issued by banks located outside France must be international bank cards (Mastercard or Visa). Secure online payment by card

 

bank is carried out by our payment provider. The information transmitted is encrypted using state-of-the-art methods and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the payment commitment given by card is irrevocable. By providing their banking information during the 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 impossibility to debit the card, the Sale is immediately and automatically cancelled and the order cancelled.

 

 

 

 

SECURE PAYMENT

 

We offer our customers a simple, practical 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 extremely sensitive information, such as details of 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 suits you best:


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Article 9 - Delivery

9.1. DELAY

When the ordered product is not delivered by the deadline mentioned on the order form or, in the absence thereof, by the supplementary legal deadline of thirty days, the Consumer may, after having unsuccessfully formally requested the Seller to execute the delivery within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or by writing on another durable medium.

9.2. DELIVERY LOCATION

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

9.3. DELIVERY METHODS

Delivery is made by direct handover of 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 case of damage or missing items, to make reservations on the delivery note or transport receipt, and possibly to refuse the product and notify the Seller.

In the absence of direct delivery, the Seller sends a pick-up notice to the Consumer who must collect the ordered product within fifteen (15) days of the notice. If the product is not collected within this period, the Seller may, after an unsuccessful formal notice, automatically cancel the order and keep the deposit paid and the product as compensation.

9.4. DELIVERY AND TRANSFER OF RISK

The risks of loss or damage to goods are transferred to the Consumer at the moment he, or a third party designated by him, physically takes possession of the goods.

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

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

 

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

10.1. CONSUMER INFORMATION

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 CONFORMITY GUARANTEE

In accordance with article L. 217-4 of the Consumer Code, " the Seller is required to deliver goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. The Seller is also liable for defects in conformity resulting from packaging, assembly instructions, or installation when the latter was carried out by the Seller under the contract or under its responsibility . "

In accordance with article L. 217-5 of the Consumer Code, " To be in conformity with the contract, the goods must:

1 o  Be fit for the purpose ordinarily expected of similar goods and, where applicable:

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

  • present the qualities that a buyer can legitimately expect given the public statements made by the Seller, the producer or its representative, particularly in advertising or labelling;

2 o  Or present the characteristics defined by mutual agreement by the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the Seller and which the latter has accepted.

In accordance with 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 goods . "

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

  • benefits from a period of two years from the delivery of the goods to act;

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

  • is exempt from providing proof of the existence of the conformity defect of the goods during the twenty-four months following delivery of the goods.

In accordance with Article L. 217-16 of the same code: " When the buyer asks the seller, during the commercial guarantee granted to him when acquiring or repairing a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining duration of the guarantee. This period runs from the buyer's request for intervention or the availability of the good for repair, if this availability is subsequent to the request for intervention ".

10.3. IMPLEMENTATION OF THE GUARANTEE AGAINST HIDDEN DEFECTS

In accordance with article 1641 of the Civil Code, " The Seller is bound by the warranty against hidden defects of the sold item which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lower price, had he known about them . "

In accordance with article 1648 of the Civil Code, " The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect . "

The Consumer may decide to implement the warranty against hidden defects of the sold item within the meaning of article 1641 of the Civil Code. In this case, they can choose between rescinding the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.

Independent of the commercial warranty, the Seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 et seq. of the Consumer Code and that 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 exercise procedures

You will have the right to withdraw, without giving any reason, within fifteen (15) days after the day on which you, or the third parties you have designated for this purpose, physically take possession of the goods or, if applicable, of the last lot or last item.

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

  • your name, geographical address, and, where available, your telephone number and email address;

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

11.2. Model withdrawal form and information notice

You can use the model withdrawal form at the bottom of the document, but it 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 (with the exception of additional costs resulting from your choice, if applicable, of a delivery method other than the less expensive standard delivery method we offer) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw.

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

It is recalled that the customer's liability, in the event of withdrawal after use of the goods, is incurred with regard to the depreciation of the goods 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 reimbursement until receipt of the goods ordered, or until the customer has provided proof of shipment of the goods, the retention date being the first of these facts.

16.3. Return - return costs

In the event of withdrawal by the customer, the latter must return 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 following notification of withdrawal.

Article 17 - Contact

For any questions relating to these GTC or your order, you can contact Miss Chadou:
Email: contact@misschadou.com
Phone: +33 7 58 14 55 45
Address: 231 rue Saint-Honoré, 75001 Paris, France
SIREN: 933 826 687 — VAT: FR84 933 826 687