Terms of Sales

Article 1 Designation of the Seller

The website www. misschadou.com (the “ Website ” ) is published by the company Miss Chadou, whose registered office is located at 231 rue Saint Honoré 75001 Paris, 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 applicable exclusively to the online sale of ready-to-wear products and related products and accessories from the company Miss Chadou (the " Seller ") on the Website, access to which is free and open.

2.2. SCOPE OF APPLICATION

The General Terms and Conditions govern the 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 sales contract between the parties, to the exclusion of all other documents.

The General Terms and Conditions apply exclusively to products delivered to Consumers established in France and/or in a member country of the European Union.

2.3. AVAILABILITY AND OBLIGATORY NATURE

The General Terms and Conditions are made available to Consumers on the Website for free consultation and as part of the order process.

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

Validation of the order by its confirmation constitutes acceptance of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Seller in accordance with Article 1127-2 of the Civil Code.

2.4. NULLITY - WAIVER

The invalidity of a contractual clause does not entail the invalidity of the General Terms and Conditions of Sale except for an impulsive and determining clause of the consent of the parties.

The non-application of a clause of the General Terms and Conditions by the Seller cannot constitute a waiver on its part, except in the case of 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 that they are not misleading.

3.2. STOCK AVAILABILITY

The products are in offer condition and delivered within the limits of available stocks. In the event of unavailability of the ordered product, the Seller will inform the Consumer and may offer them a product of equivalent quality and price or, failing that, a voucher for the amount of the order that can be used for any future order.

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

Article 4 - Price

4.1. SALE PRICE

The sale price is the one in effect on the day of the order.

The sales prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalogue, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.

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, except in any case the application of the price in effect on the day of the order.

4.3. FEES

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

Article 5 - Offer

5.1. SPATIAL SCOPE OF APPLICATION 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 in these same geographical areas.

5.2. DURATION

The online sales offers presented on the Website are valid, unless a specific duration is indicated, as long as the products appear in the electronic catalog and within the limits of available stocks.

5.3. ACCEPTANCE

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

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 virtual basket by indicating the selected products and the desired quantities, then clicks on the " order " button on the icon materializing the virtual basket. A " summary " page lists the selected product(s) and the quantities. 

3. Before clicking on the “ order ” button again , 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.

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

5. Confirmation of the order then implies, at the time of validation of the transport, acceptance of the General Conditions of Sale by ticking the box provided for this purpose, thus forming the contract, it being specified that the General Conditions of Sale can be consulted by clicking on the link “ Read the general conditions of sale ”.

6. Payment is then made by credit card or via PayPal with a supplement of two euros (2 EUR) .

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

6.2. ORDER MODIFICATION

Any modification of the order by the Consumer after confirmation of the order is subject to acceptance by the Seller.

The Seller reserves the right to make modifications to the ordered product which are linked to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.

6.3. VALIDATION OF THE ORDER

The Seller reserves the right to refuse any order for legitimate reasons and in particular if the quantities of products ordered are abnormally high for buyers with the status of Consumers.

6.4. ACKNOWLEDGMENT OF RECEIPT OF THE ORDER

The Seller acknowledges receipt of the order electronically.

Article 7- Contract

7.1. CONCLUSION

The sales contract is formed at the time 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 may 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 writing on another durable medium in the event of:

  • delivery of a non-compliant product;

  • delivery exceeded the deadline set in the order form or, failing such a date, within thirty days following the conclusion of the contract, after the Seller has been ordered, under the same terms and without result in the meantime, to make the delivery within an additional period reasonably in accordance with Article L. 216-2 of the Consumer Code;

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

The Seller will reimburse 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, when the professional has not reimbursed all of the above within the said period of fourteen (14) days, these are automatically increased by 10% if the reimbursement occurs at the latest thirty days beyond this term, by 20% up to sixty days and by 50% thereafter.

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

The order may be cancelled by the Seller in the event of:

  • to refuse the buyer 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 when ordering remains acquired by the Seller as compensation.

Article 8 - Payment

Article 8: Payment

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

Banking is carried out by our payment service provider. The information transmitted is encrypted according to the rules of the art 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 payer's commitment given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the debit card and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately resolved 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 your payment information. Information your computer transmits to our website cannot be read, even if it is 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 product ordered is not delivered upon expiry of the period mentioned on the order form or, failing that, the additional legal period of thirty days, the Consumer may, after having unsuccessfully notified the Seller to make the delivery within a reasonable additional period, terminate the contract by registered letter with acknowledgement of receipt or by writing on another durable medium.

9.2. PLACE OF DELIVERY

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

9.3. DELIVERY TERMS

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

In the absence of direct delivery, the Seller sends a notice of availability to the Consumer who must collect the product ordered within fifteen (15) days of the notice. In the absence of withdrawal within this period, the Seller may, after a formal notice has been given without effect, automatically cancel the order and retain the deposit paid 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 time he, or a third party designated by him, takes physical 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 him, travels at the Consumer's risk from the time the goods are handed over to the carrier.

Article 10 - Legal guarantee of conformity and guarantee of 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 of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

10.2. IMPLEMENTATION OF THE GUARANTEE OF CONFORMITY

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 lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility ."

In accordance with Article L. 217-5 of the Consumer Code, “ To comply with the contract, the goods must:

1. Be suitable for the use usually expected of a similar good and, where applicable:

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

  • present the qualities that a buyer can legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling;

2. Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use 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 prescribed by two years from the delivery of the goods .”

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

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

  • may 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 lack of conformity 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 requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remains to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention ."

10.3. IMPLEMENTATION OF THE HIDDEN DEFECT WARRANTY

In accordance with Article 1641 of the Civil Code, " The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would only have paid a lower price, if he had known of them ."

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

The Consumer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Independent of the commercial guarantee, the Seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 et seq. of the consumer code and that relating to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.

Article 11 Right of withdrawal

11.1. Conditions, time limits and methods of exercise

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 to do so, take physical possession of the goods or, where applicable, the last lot or the last piece.

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

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

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

11.2. Model withdrawal form and Information Notice

You can use the withdrawal form template at the bottom of the document but it is not obligatory.

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 reimburse all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from the fact that you have chosen, where applicable, a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and, in any event, not later than fourteen days from the day on which we are informed of your decision to withdraw.

We will make the refund using the same means of payment as you used for the initial transaction. With your express consent, another means may be used. In any event, this refund will not incur any fees 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 this or these goods.

The Seller reserves the right to defer reimbursement until receipt of the goods subject to the order, or until the customer has provided proof of shipment of this (or these) goods, the date of retention being that of the first of these facts.

16.3. Return – return costs

In the event of withdrawal by the customer, the latter must return or give back the goods to Miss Chadou 231 rue Sainte Honoré 75001 Paris , without undue delay and, in any event, no later than fourteen (14) days following communication of the withdrawal.