Terms of Sales
Article 1 Designation of the Seller
The website www. misschadou.com (the “ Site Web ”) is published by the company Miss Chadou having its registered office at 231 rue Saint Honoré 75001 Paris, whose unique identification number is: 53354873100033.
Article 2 - General provisions
The general 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 whose access is open and free.
2.2. APPLICATION DOMAIN
The GCS govern the online sales contracts of the Seller's products to buyers who are Consumers, understood as natural persons acting for personal purposes (the "Consumers") and constitute with the online order the paper writings and / or electronic documents formalizing the distance selling contract between the parties, to the exclusion of all other documents.
The T&Cs 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 COMPULSORY NATURE
The GCS are made available to Consumers on the Website for free consultation and as part of the order.
The GTC bind the Consumer who acknowledges, by ticking the box provided for this purpose when ordering as specified in Article 6 below, to have been aware of them and to have accepted them before placing an order.
The validation of the order by its confirmation implies acceptance of the GCS 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 nullity of a contractual clause does not entail the nullity of the GCS except for an impulsive and determining clause of the consent of the parties.
The non-application of a clause of the GCS by the Seller cannot be considered as a waiver on his part, except for a positive and unequivocal act.
Article 3 - Products
The products offered for sale on the Website are subject to a description. The photographs do not form 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 product ordered, the Seller shall inform the Consumer thereof and may offer him a product of equivalent quality and price or, failing that, a voucher for the amount of the order which may be used for any next order.
In the event of disagreement, the Seller shall refund the sums paid within fourteen (14) days. The Seller is not liable for any cancellation compensation.
Article 4 - Price
4.1. SELLING PRICE
The sale price is that in force on the day of the order.
The 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 all taxes included, excluding delivery and transport costs mentioned before validation. of the order and invoiced in addition.
The total amount owed by the Consumer is indicated on the order confirmation page of the Website (See Article 6 below).
The Seller reserves the right to modify its prices at any time, except for the application in any case of the price in force on the day of the order.
The additional costs of transport, delivery or postage (to which must be added any other costs borne by the Seller), of which the customer was able to become aware before the order, are fixed on the order form.
Article 5 - Offer
5.1. SPATIAL 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 in these same geographical areas.
The online sales offers presented on the Website are valid, in the absence of indication of a particular duration, as long as the products appear in the electronic catalog and within the limits of available stocks.
The acceptance of the offer by the Consumer is validated, in accordance with the double-click process, by the confirmation of the order, as follows.
Article 6 - Order with PAYMENT OBLIGATION
6.1. CONTRACT CONCLUSION STEPS
1. To place an order, the Consumer must create an account.
2. The Consumer completes the virtual basket by indicating the selected products and the desired quantities, then click on the " order " button on the icon materializing the virtual basket. A " summary " page shows the product(s) selected and the quantities.
3. Before clicking again on the “ order ” button, the Consumer has the possibility of checking the details of his order and its total price and of returning to the previous pages to correct any errors or possibly modify his order.
4. Then, he provides the information relating to the delivery (place and method of delivery through two steps).
5. The confirmation of the order then implies at the time of the validation of the transport the acceptance of the GCS by ticking the box provided for this purpose thus forming the contract, it being specified that the GCS can be consulted by clicking on the link " Read the conditions General Sales ”.
6. Payment is then made by credit card or via PayPal for an additional charge of two euros (2 EUR).
7. Before choosing payment, the Consumer can view the summary of the order again and return to the previous pages to correct any errors or possibly modify his order.
6.2. ORDER CHANGE
Any order modification by the Consumer after confirmation of his order is subject to acceptance by the Seller.
The Seller reserves the right to make changes to the ordered product that are linked to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.
6.3. CONFIRMATION OF THE ORDER
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. ACKNOWLEDGMENT OF ORDER
The Seller acknowledges receipt of the order electronically.
Article 7- Contract
The sales contract is formed when the Consumer sends the confirmation of his order.
7.2. ARCHIVING AND PROOF
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1366 of the civil code and article L. 213-1 of the code. consumption. These communications, purchase orders and invoices can be produced as proof of the sales contract.
The order may be canceled by the Consumer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:
delivery of a non-compliant product;
delivery exceeding the deadline set in the order form or, in the absence of such a date, within thirty days of 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 a reasonable additional time in accordance with Article L. 216-2 of the Consumer Code;
price increase that is not justified by a technical modification of the product imposed by the public authorities.
The Seller shall refund the sums paid within fourteen (14) days from the date on which the contract was terminated.
It is specified that in accordance with Article L 241-4 of the Consumer Code when the professional has not reimbursed all of the said sums within the said period of fourteen (14) days, these sums are automatically increased by 10%. if reimbursement occurs no later than thirty days beyond this term, 20% up to sixty days and 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 can be canceled by the Seller in the event of:
the 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 with the order remains with the Seller as compensation.
Article 8 - Payment
Article 8: Payment
Payment is due immediately upon ordering, including for pre-order products. The Customer can make payment by credit card or through the Paypal solution. 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 in the state of the art and cannot be read during transport on the network. Once the payment has been 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 commitment to pay 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 card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
We offer our customers a simple, practical and 100% secure online payment solution.
We use Standard Secure Sockets Layer (SSL) technology to encrypt potentially sensitive information, such as your name or address, as well as extremely sensitive information, such as your payment information. The information that 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:
Article 9- Delivery
When the ordered product is not delivered at the end of the period mentioned on the order form or, failing that, of the additional legal period of thirty days, the Consumer may, after having unsuccessfully given formal notice to the Seller to carry out the delivery within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or in 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 up to the Consumer to check in the presence of the delivery person the condition of the product delivered and, in the event of damage or missing items, to express 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 that has had no effect, automatically cancel the order and retain the deposit paid and the product as compensation.
9.4. DELIVERY AND TRANSFER OF RISK
The risk of loss or damage to the goods is transferred to the Consumer when he or a third party he has designated takes physical possession of the goods.
The product, which is delivered to the Consumer by a carrier chosen by the Seller, travels at the risk and peril of the Seller.
The product, which is delivered to the Consumer by a carrier chosen by him, travels at the Consumer's risk and peril from the time 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 the products supplied by the Seller benefit from the legal guarantee of conformity provided for in articles L. 217-4 and following 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 COMPLIANCE GUARANTEE
In accordance with Article L. 217-4 of the Consumer Code, “ the Seller is required to deliver goods that comply with 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, the assembly instructions or the installation when this has been charged to him 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 o Be specific to the use usually expected of a similar item 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;
present the qualities that a buyer can legitimately expect given the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling;
2 o 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 as a legal guarantee of conformity, the Consumer:
has a period of two years from the delivery of the property to act;
can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 217-9 of the code of consumption;
is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
In accordance with article L. 217-16 of the same code: " When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention .
10.3. IMPLEMENTATION OF THE HIDDEN DEFECT GUARANTEE
In accordance with Article 1641 of the Civil Code, " The Seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired it, or would have given only a lesser price for it, if he had known 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 guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
Independently of the commercial guarantee, the Seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 and following of the consumer code and that relating to defects in the thing 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, deadline 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 party you have designated to do so, takes physical possession of the property or, the where applicable, of the last batch 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 statement (mail, 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 attached at the bottom of the document.
In the event of withdrawal, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery that 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 would process the refund using the same payment method you would use for the original transaction. With your express agreement, another means can be used. In any event, this reimbursement would not incur any costs for you.
It is recalled that the responsibility of the customer, in the event of withdrawal after use of the goods, is engaged with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this or these goods.
The Seller reserves the right to defer reimbursement until receipt of the goods covered by the order, or until the customer has provided proof of shipment of this (or these) goods, the date chosen being that of the first of these events.
16.3. Return – return costs
In the event of withdrawal by the customer, the latter must return or return 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 the communication of the withdrawal