Terms of sale
General conditions of sale
The products presented on the Mademoiselle Saint Germain website accessible via" www.mademoisellesaintgermain.com (Hereinafter, the "Site"), are sold directly by simplified shares with a capital of 13,300 euros, the head office of which is 16 BD Saint Germain, 75005 PARIS, registered in the Register of Commerce and Companies of PARIS under the number 623.
These General Terms and Conditions of Sales apply to any visit and order made on the Site by a consumer, that is to say by any natural person who acts for purposes which do not fall within the framework of his commercial, industrial, artisan, liberal or agricultural activity within the meaning of the preliminary article (Hereinafter "You"). If You are not a “consumer”, we invite you to refrain from entering into commercial transactions on the Site and to contact us through the contact@mademoisellesaintgermain.com in order to obtain the conditions applicable to your situation.
You must be at least 18 years old and have the legal capacity or have parental authorization to place an order on the Site. Miss Saint Germain reserves the right not to act on orders from anyone who is not a "consumer".
The General Terms and Conditions of Sale in force are those available on the day of the validation of the order. They may be modified at any time and in particular in consideration of any legislative changes. The new general conditions of sale will apply to their date of publication on the Site.
If you disagree with the terms indicated in these General Terms and Conditions of Sale, Mademoiselle Saint Germain invites you not to validate your order form. By validating your order form, you confirm that you have read and accept these Terms and Conditions of Sale without reservation.
Article 1-Products and Prices
1.1. Mademoiselle Saint Germain offers a range of products which is likely to evolve at any time at the sole discretion of Mademoiselle Saint Germain (hereinafter, the "Products").
1.2. Our product offerings are valid for as long as they are online and are available within available stock.
1.3. The photographs and texts on the Site, illustrating the Products presented are not contractual and have been subject to retouches.
1.4. The characteristics of each Product are detailed on the Site.
1.5. The prices of our products are indicated in Euros all taxes included excluding delivery costs.
1.6. The Proposed Products comply with the French legislation in force. In case of order to a country other than metropolitan France, you are the importer of the product (s) concerned. Customs duties, local taxes, import duties or state taxes are likely to be required and will remain your responsibility. They are your full responsibility both in terms of declaration and payment to the competent authorities and bodies in your country. We advise you to learn about these aspects from the local authorities.
1.7. The Site reserves the right to change prices at any time. The applicable prices are those in effect at the time of validation of Your order by you.
Article 2-Order Process
2.1 In order to validate your order, you must follow the following steps:
Step 1: You go to the Site, read the Products and their characteristics
Step 2: The Products you have selected are placed in your basket according to the quantity requested
Step 3: Create your account online by filling out the form and following the instructions. When placing a new order, it is up to you to check and possibly update the personal data of your account.
Step 4: You need to check the contents of your shopping cart as well as the quantity of products ordered and correct or modify if necessary. Before you validate the shopping cart, read the total amount of your shopping cart, including the shipping costs depending on the shipping method you choose as well as the General Terms and Conditions of Sale.
Step 5: Cart validation, including shipping method, triggers the order payment process. You are then redirected to the online payment server to proceed with the payment.
Step 6 : Mademoiselle Saint Germain sends you an email confirming your order.
2.2 The contract is deemed to be concluded at the time of validation of the order and is valid for the duration necessary for the execution of the order, until the termination of the guarantees and obligations due by the parties.
2.3 The data recorded by the Site during the validation of the orders, constitute proof of all the transactions made by the Site and its customers. The data recorded by the payment system constitutes proof of financial transactions.
Article 3-Availability of Products and Validating the Order
3.1 It is up to you to check during the order process, item by item, that the number and price are properly considered in the order form.
3.2 When a Product is no longer available, Mademoiselle Saint Germain will inform you by email of this unavailability and will offer you terms in accordance with the article "Delivery".
3.3 Mademoiselle Saint Germain reserves the right to refuse any order whose quantities would be abnormally high or if Mademoiselle Saint Germain encountered payment problems with this consumer during a previous order.
Article 4-Payment
4.1 All orders must be paid in Euros on our PAYPAL secure transaction platforms. Mademoiselle Saint Germain will accept your online payment made with one of the following payment methods: Visas, MasterCard, American Express or Paypale. Your payment is encrypted and secured by STRIPE or PayPal. By communicating the information relating to your bank card, You authorize Mademoiselle Saint Germain to debit said bank card of the amount corresponding to the price including tax of your order.
4.2 For a total amount greater than 800 Euros, additional information may be requested from you.
4.3 You confirm that you are the debited bank card holder and that the name on the bank card is actually yours.
4.4 In the absence of any speed of the entire price including tax of the order, Mademoiselle Saint Germain reserves the right to cancel the order automatically without delay. It will be up to you to reorder with a valid payment method.
4.5 The Products remain the property of Mademoiselle Saint Germain until the full collection of the TTC price.
4.6 The telecommunications costs inherent in accessing the Site remain at your exclusive expense.
Article 5 – Delivery
5.1 It is up to you to ensure the accuracy of your details when placing your order: name, delivery address/full billing, email address and phone number. Delivery will take place at the delivery address you have indicated in the order form.
5.2 Mademoiselle Saint Germain delivers all EU countries, the United Kingdom of Great Britain and Northern Ireland, Norway, Switzerland, the USA, Canada, South America, Russia, Japan, Singapore, South Korea, South America.
The shipping costs are based on the place and delivery method chosen by You and calculated on the entire order. They will be indicated to you at the end of the ordering process before you confirm it.
After confirmation of the order and validation of the payment by Mademoiselle Saint Germain, the Products will be delivered according to the means chosen from among the means offered during the order process.
5.3 We do our best to make delivery within the shortest time, 30 days at the latest. In case of difficulties, we will keep you informed by email.
The delivery date is determined by the sum of the following: the correct receipt of your payment, the preparation of your order, the pick-up of the package (s) by the carrier and the delivery time of your package by the carrier according to the delivery method chosen by you on the Site.
5.4. When sending the goods, we send you the corresponding tracking number by email. From the start and until its arrival, you have the possibility to track your package by indicating its tracking number on the carrier's website.
5.5 Customs and other taxes due in the country of arrival are at your expense and may not be liable for Mademoiselle Saint Germain in the event of the customs product being held.
5.6 Upon receipt of the package, you will need to check the compliance of your order. Any defect concerning the references of products delivered must be reported on the receipt presented by the carrier and must be notified the same day, or no later than the 1st working day following delivery to Mademoiselle Saint Germain's customer service.
5.7 In the event of deterioration of the Product during transportation, You will be required to inform the carrier within three working days, not including holidays, after the date of delivery of the Products. Failure to claim within this period extinguished any action against the carrier in accordance with Article L.133-3 of the Commercial Code. A copy of your letter must be sent to Mademoiselle Saint Germain without delay.
5.8 In the event of a delay beyond 30 days, Mademoiselle Saint Germain will contact you by email or by phone to determine with You the follow-up to your order. The order will only be canceled on the express request of Your part addressed to Mademoiselle Saint Germain by registered letter with acknowledk of receipt by specifying the date and the order number, the Products and the amount concerned.
Article 6-Retracting/Return/Exchange
6.1 Miss Saint Germain is committed to providing you with high quality products. Despite this, if You are not satisfied with Your order, you have fourteen (14) days from the receipt of the Products to exercise your right of withdrawal. To do this, you must send your return or exchange request by email indicating the number and date of the order, your first and last name, delivery address, and the products concerned. Mademoiselle Saint Germain will inform you of the procedure to follow and You will have to prepare the package containing the Products and the invoice.
6.2 You must return the Products in their original condition (packaging, packaging) within fourteen (14) days of the agreement you received by email from Mademoiselle Saint Germain. Mademoiselle Saint Germain may refuse the return, refund or exchange of any product that has not reached her within this period or that is incomplete, open, started or damaged or whose original packaging has been damaged as a result.
6.3 Any risk associated with the return of Product (s) is your responsibility.
6.4 Return costs are your responsibility. Mademoiselle Saint Germain will not accept packages sent to the port due.
6.5 Any request for further information should be addressed to: contact@mademoisellesaintgermain.com
Article 7 – Garanties
7.1 In accordance with article L.217-4 et seq. of the Consumer Code, On Mademoiselle Saint Germain is required to deliver a Product that complies with the order and to answer for the defects of conformity existing during the issue.
Within the meaning of Article L.217-5 of the Consumer Code, the Product complies with the contract:
(1) if it is suitable for the usual expected use of a similar property and, where applicable,
-If it corresponds to the description given by Mademoiselle Saint Germain and has the qualities presented in the form of a sample or model;
-If it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L.217-12 of the Consumer Code provides that "the action resulting from the lack of conformity is prescribed by two years from the issuance of the property".
7.2 In addition, under article 1641 of the Civil Code, "the seller is bound by the guarantee because of the hidden defects of the thing 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 have given only a lower price, if he had known them ".
7.3 If the Product (s) are non-compliant under the conditions laid down in Article 7.1 hereof or if they have hidden vies within the meaning of Article 7.2 hereof, You shall exercise these guarantees by making your request to the contact@mademoisellesaintgermain.com to notify the non-compliance or hidden vies (s) product (s). Mademoiselle Saint Germain will recognize receipt of Your request and will indicate the steps to be observed in this process.
Any return of Product will be made under the same conditions as those referred to in Articles 6.2 and 6.3 hereof.
7.4 Following the checks made by Mademoiselle Saint Germain, if the non-compliant nature of the Product is confirmed, You will have the choice, in accordance with article L217-9 of the Consumer Code, between repairing or replacing the Product. However, Mademoiselle Saint Germain reserves the right not to proceed according to Your choice if this choice results in a cost manifestly disproportionate with regard to the other modality given the value of the Product or the importance of the defect.
If the hidden defect is proven, You will be able to choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Article 8-Intellectual property
In general, the marks, figural or not, and more generally all the logotypes, images, symbols and illustrations on the Site and/or on the Products, their packaging, whether or not, registered or not, (hereinafter, The "Intellectual Property Rights" are and will remain the exclusive property of Mademoiselle Saint Germain. Any reproduction, copy, distribution, modification or use, total or partial, of these Intellectual Property Rights, for any reason and on any medium whatsoever, without express and prior consent of Mademoiselle Saint Germain, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. It is the same for any copyright, drawing, model and patent which are the property of Mademoiselle Saint Germain or for which Mademoiselle Saint Germain holds the rights.
Article 9 - Force Majeure
9.1 The performance by Mademoiselle Saint Germain of its obligations under this contract shall be suspended in the event of Force Majeure throughout the duration of the Force Majeure, including in the event of disturbance, flooding, fire or strike, in particular by the postal and medium-sized services. Therefore, Mademoiselle Saint Germain will not be liable for any direct or indirect damage linked to such events beyond her control.
9.2 When the suspension of the performance of Mademoiselle Saint Germain's obligations continues for a period of more than ninety (90) days, you have the possibility to terminate the current order and Mademoiselle Saint Germain will then refund the order.
Article 10-Applicable law-Litigages
10.1 This contract is subscribed in French and subject to French law.
10.2 In case of a claim, You are invited to contact customer service:
Tel : 01 84 73 23 66
contact@mademoisellesaintgermain.com
10.3 In the absence of a satisfactory response in the context of your complaint and within one year of your request to our customer service, you may have your request reviewed by a mediator. Under article L.612-1 of the Consumer Code, all consumers have the right to have free recourse to a consumer mediator for the amicable resolution of the dispute between them and a professional. Therefore, You can enter the Online Litigating Platform in accordance with Article 14 of Regulation (EU) No 524/2013 via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show& ; Lng = FR
10.4 In the event of a dispute between Mademoiselle Saint Germain and Vous, and in the absence of a resolution of the dispute in the proceedings provided for in Articles 10.1 and 10.2 hereof, the dispute shall be brought before the competent French courts.
10.5 You can be assisted by a council at any time, at your expense.
Article 11-Personal data
Mademoiselle Saint Germain is committed not to disclose to third parties the personal data that you communicate to her. Your personal data will only be used by our internal services for the processing of your order, to reinforce and personalize the communication as well as the offers relating to the Products reserved for the customers of Mademoiselle Saint Germain, in particular through the information letters of the Site to which you will be a member.
The duration of data processing and retention is limited to the time during which you are registered with our newsletters. You can withdraw your consent and opt out at any time by clicking on the unsubscribe link at the bottom of each email.
Consequently and in accordance with the Data Technology and Freedoms Act of January 6, 1978, you have the right to access, modify, rectify and delete personal data concerning you. For this, you just need to make the contact@mademoisellesaintgermain.com online request to us.
Please note that some information that is identified as essential for order processing is essential for order execution.
Article 12 – Cookies
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The cookies recording your interface and navigation preferences are kept longer, to prevent you from having to enter or re-select this information on each visit.
For security reasons, all cookies deposited by this site are encrypted and cannot be read by another application. No personal information is recorded in these files.
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