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Terms and conditions
between the companyTimeless Miss
10 rue de l'If 76280 Angerville l'Orcher
registered in the Trade and Companies Register of Le Havre
under SIRET number 82339279000015
represented by Mrs Le Lay Ingrid
as manager,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the home page of the site.
Hereinafter the “Seller” or the “Company”.
Firstly,
And the natural or legal person purchasing products or services from the company,
Hereinafter, "the Buyer", or "the Customer"
On the other hand,
It was explained and agreed as follows:
PREAMBLE
The Seller is the publisher of Products of " Mademoiselle Intemporelle" intended for consumers, marketed through its website (www.mlle-intempsle.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.
Section 1
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of women's ready-to-wear clothing and accessories offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTC) govern the sale of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These T&Cs can be viewed on the Company's website at the following address: www.mlle-intempsle.com
The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of the products sold through the Internet sites are indicated in Euros including VAT. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Client. Where applicable also the delivery costs.
Article 4: Conclusion of the online contract
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order: – Information on the essential characteristics of the Product; – Choice of the Product, if necessary, of its options - Indication of the essential contact details of the Customer (identification, email, address, etc.); – Acceptance of these General Conditions of Sale – Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding with his confirmation, the Buyer has the possibility of checking the details of his order, its price, and of correcting any errors, or of canceling his order. Confirmation of the order will constitute the formation of this contract. – Then, follow-up of the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
The customer will have during his ordering process the possibility of identifying any errors made in the entry of data and of correcting them. The language proposed for the conclusion of the contract is the French language.
The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. If applicable, the professional and commercial rules to which the author of the offer intends to submit can be consulted in the CGV section, which can be consulted on the Seller's website at the following address: www.mlle-intempsle.com
The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide truthful identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the method of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the methods of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limit of available Product stocks only. Failing this, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).
Section 6: Compliance
In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these GCS meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for defects of conformity and hidden defects of the product.
In accordance with article L.217-4, the seller delivers 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 the legal provisions in terms of conformity and hidden defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or products that do not correspond to the order.
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Terms of delivery
The products are delivered to the delivery address that was indicated when ordering and within the time indicated. These deadlines do not take into account the time taken to prepare the order. When the delivery requires making an appointment with the Customer (by message or email). In the event of a delay in shipment. In the event of late delivery, the Customer has the possibility of resolving the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. The Seller then reimburses the product and the “one-way” costs under the conditions of the provisions of Articles L216-3 and L241-4 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Article 9: Availability and presentation
In the event of unavailability of an article for a period of more than 14 working days, you will be immediately informed of the foreseeable delivery times and the order for this article may be canceled on simple request. The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-order products. The Customer can make payment by credit card Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is made by our payment provider (STRIPE ).. 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 the provisions 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.
Article 11: Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason,within fourteen dayson the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company by messaging. In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original state (Unworn and unwashed) and complete (packaging, accessories, labels, etc.); they must if possible be accompanied by a copy of the proof of purchase so that it can_cc781905-5cde-3194-bb3b-136bad5cf58_be marketed again_cc781905-5cde-3194-bb3b-136bad5'cf58d_in new condition . The right of withdrawal cannot be exercised if the Product has been damaged, soiled and/or worn by the Customer. Regarding the return of shoes, they must have been worn only to try them on. The soles should be smooth and show no scratches. The boxes must be returned in perfect condition and cannot be used as a simple container for a possible return.
For reasons of hygiene, the Seller does not accept the return of lingerie, scarves, jewellery, swimsuits and bodysuits.
The return of the product is carried out at the expense of the Customer and at the latest fourteen (14) days after having communicated to the Seller his decision to withdraw by email to mintemporal@gmail.com
In-store pick-up orderswill benefit only credit note or exchange
Seller does not accept returns freight collect.
Any risk related to the return of the Product is the responsibility of the Customer. The Seller is not responsible for the loss or theft of the package by the postal services. Therefore, the refund will only be made if Mademoiselle Intemporelle a was able to retrieve the Product(s) object from the return and the refund request by email.
The refund of the Product by the Seller Mademoiselle Intemporal is made, at the latest, within fourteen (14) days from the date on which the product will have been received by Mademoiselle Intemporal, the corresponding sums to the Product(s) acquired by him.
Article 12 : Complaints and mediation
If necessary, the Buyer may submit any complaint by contacting the company using the following contact details (by couriermintemporal@gmail.com)
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to reconcile the parties in with a view to obtaining an amicable solution.
Article 13 : termination of the contract
The order can be canceled by the buyer by registered letter with acknowledgment of receipt in the following cases: — delivery of a product that does not comply with the characteristics of the order; — delivery exceeding the deadline fixed at the time of the order or, in the absence of a date, within thirty days of payment; — unjustified price increase or modification of the product. In 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.
Article 15: Intellectual property rights The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Item 14 : Force Majeure
The performance of the seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 15 : Nullity and modification of the contract
If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
Article 16 : Protection of personal data
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller sets up a processing of personal data which has the purpose of purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following: the identity and contact details of the data controller and, where applicable, of the data controller's representative: the Seller, as indicated at the top of these GCS; - the contact details of the data protection officer: Mademoiselle Intemporelle - the legal basis of the processing: contractual performance - the recipients or categories of recipients of the personal data, if they exist: the controller, its services in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in delivery and sales operations as well as any authority legally authorized to access the personal data in question - no transfer outside the EU is planned - the data retention period: the time of the commercial prescription - the data subject has the right to ask the controller for access to the personal data , rectification or erasure thereof, or restriction of processing relating to the data subject, or the right to object to the processing ment and the right to data portability - The person concerned has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and delivery of the goods ordered, otherwise the order cannot be placed. No automated decision making or profiling is implemented through the ordering process.
Section 17: Applicable law and clauses All the clauses appearing in these general conditions of sale, as well as all the purchase and sale transactions referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.