The present general conditions of sale are concluded between, on the one hand, the Maison de la Mirabelle company,
registered at the RCS Nancy under the number 451 272 793
Phone: 03 83 72 32 26 (from 9:00am to 6pm weekdays) email: firstname.lastname@example.org
Hereinafter referred to as "seller".
And, on the other hand,
Internet users, major non-commercial individuals, wishing to make a purchase on the site www.maisondelamirabelle.com visible at the address:
Hereinafter referred to as "the user".
These terms and conditions govern the sale of any product or service featured on the website www.maisondelamirabelle.com by the Maison de la Mirabelle company.
The parties agree that their relations will be exclusively governed by this contract, excluding any other condition.
Any order duly confirmed on the site www.maisondelamirabelle.com implies full membership and without any reserves to the present general conditions of sale and, possibly, specific or specific to one or more conditions products, services or orders.
If a condition were to fail, it would be considered to be governed by practices in use in the area of distance selling companies in France. The Maison de la Mirabelle company undertakes to respect all the provisions of the consumer Code relating to distance selling.
These conditions aim to define the terms of sale between the seller and the user, from order to services, as well as payment and delivery.
They regulate all the steps necessary to the placing of the order and track this order between the contracting parties.
The order can be registered on the site only if the user has clearly identified himself by entering his ID and password which are strictly personal.
The user declares to be at least 18 years of age and have the legal capacity or have parental permission to place an order on the site.
Any order implies the acceptance of the price and description of the products available for sale.
The user declares having read and accepted the present General Conditions of sale before placing the order. The validation of your order is, therefore, acceptance of these General Conditions of sale.
After placing the order, the seller sends an e-mail to the user to confirm it.
The seller informs the dispatch of articles. The user has the possibility to modify the order until the date of dispatch of the articles.
The Maison de la Mirabelle Company undertakes to honour the orders received on the internet site only within the limit of available stocks. Should any product be unavailable, the seller undertakes to inform the user.
Note: May not be the object of a call premium consumer-related calls:
monitoring and tracking an order.
the exercise of the right of withdrawal;
implementation of the guarantee.
However, nothing prohibits merchants to charge a specific cost for orders or requests for information before the conclusion of the contract.
The limit date of delivery corresponds to the shipping time indicated on the item card to which is added the time for processing and routing.
If the seller is aware of a total delivery time longer than 30 days, he can give the user a cancellation of the original order pending the resupply of the product.
Any order placed on the site and delivered outside France and more genreally outside the European Union may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and taxes related to the delivery of an item are the responsibility of the user and under his responsibility. The seller is not required to check and inform the customs duties and taxes. To learn more, we advise the user to ask the competent authorities of his country.
The user has the choice to pay for his purchases:
-by cheque at the time of the order
Payment by cheque is possible only for cheques in euros drawn on a bank domiciled in France or Monaco. In case of payment by cheque, upgrading to the cashing of the cheque is made upon receipt of the cheque. The cheque should be made payable to the seller, and sent to the address below enclosing a copy of the summary of order:
16 rue du Capitaine Durand- 54290 ROZELIEURES
-online with credit card order:
Carte Bleue, Visa, Mastercard, American Express card.
The prices of our products are indicated in euros all taxes, excluding participation in the
processing and shipping charges.
The seller reserves the right to modify its prices at any time but the products will be
charged on the basis of the rates in effect at the time orders are made.
The prices indicated on the website are guaranteed for the period of time online and within the limit of stocks available.
According the European guideline of 24/03/2011, the user has a period of fourteen (14) days to exercise his right of withdrawal by returning the ordered items to the seller without having to justify reasons nor to pay penalties except for the return expenses. The fourteen day period runs from the date items are received.
All articles are subject to Exchange or refund except those mentioned otherwise, such as customized items on customer's request. The Exchange by user request must intervene within a period of 14 days from the date of receipt or removal of the package. If the new order costs extra money, the user must join the payment of the balance. Conversely, if the amount of the Exchange is less than the original amount, the user will receive upon receipt of the application a letter-cheque or credit in the form of a code (usable on the site) for refund of the difference.
The user has 14 days from his notification of withdrawal (by mail or e-mail, indicating the references of the order) to return the package to the seller.
The returned product must be complete, in packaging to transport safely and in the same condition as to its reception.
The refund or Exchange will be effective upon receipt and inspection of the product by the seller.
All items are subject to a contractual guarantee, which does not preclude the legal security provided for by articles 1641 and following of the civil Code. The user has been granted for items with a guarantee to return the defective delivered goods in accordance with articles L 211 - 4 and subsequent of the Code of consumption
Article L211-4 of the consumer code
The seller is bound to deliver goods in line with the contract and answers defects of conformity which exist at the time of issue. It meets also the defects of conformity resulting from the packaging, mounting or installation instructions when it was made dependant by the contract or been carried out under his responsibility.
Article L211-5 of the consumer code
To comply with the contract, the property must:
1. be suitable for the use normally expected of a similar property and, where appropriate:
-fit the description given by the seller and possess the qualities of it submitted to the buyer as a sample or model;
-present the qualities a buyer may legitimately expect in the matter of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2º, present the characteristics defined by mutual agreement by the parties, or be specific to any particular purpose sought by the purchaser, brought to the attention of the seller and that the latter has accepted.
Article L211-12 of the consumer code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 code civil
The seller is bound by the guarantee account the latent defects of the thing sold which render it unfit for the use for which it was intended or which so impair that use, that the buyer would not have acquired, or would only have given a lesser price, if he had known.
Article 1648 al. 1 civil code
The action resulting from latent defects must be brought by the buyer within a period of two years from the discovery of the defect.
Any user who does not own a customer account on the website must follow a registration process to open his account. The ID and password are confidential data that the client will not share with third parties. If he is unsure about the unauthorized use of the account, the customer must report it promptly to the seller.
In all cases, the provision online of the credit card number and the final validation of the order will be worth proof of completeness of the said order in accordance with the provisions of the law of 13 March 2000 and worth of money due by the seizure of the items on the purchase order.
This validation is worth signing and express acceptance of all transactions made on the site. However, in the event of fraudulent use of his credit card, the client is invited to contact promptly the customer service of the seller by calling 03 83 72 32 26.
The Maison de la Mirabelle company has an obligation of result at all stages of the order as well as the steps for the conclusion of the contract.
Thus the seller undertakes to describe the products sold on the website www.maisondelamirabelle.com with great accuracy. However, the seller's liability could not be held liable in the event that the breach of obligations is attributable either to an unpredictable and insurmountable third party contractor or a case of force majeure as defined by French Jurisprudence. Similarly, the responsibility of the seller cannot be held liable for all inconveniences or damages inherent to the use of the Internet, including a break of service, an external intrusion or the presence of computer viruses.
The seller reserves the right to collect data.
The personal data communicated by the user or collected via the operation of the site (via cookies or active x) are intended to ensure the successful completion of the supply, and improve the quality of service to better meet the expectations of the client. The user consents to the use of these data by the seller, including to communicate information about promotional offers and services that may be of interest to him.
If he wishes not to receive such offers, he can make a request at any time either directly on the Internet in his account, or by email at the address email@example.com, by indicating his full name, email address and if possible client reference.
In accordance with the provisions of the Data Protection Act of 6 January 1978, the customer has a right of access and rectification on the personal data which concern him, on simple written request to the seller's customer service.
The data of the client are kept confidentially by the seller for a period of 2 years from the last visit on the site.
The user is informed that this automated treatment of information, including the management of email addresses, was the subject of a statement to the CNIL under number XXXXX XXXXX dated.
The seller implements all means to ensure the confidentiality and security of data transmitted over the web. Accordingly, the website uses a secure method of payment type SSL (Secure Socket Layer).
All elements of the site www.maisondelamirabelle.com, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
In the case where one of the clauses of this contract would be null and void by a change of legislation, regulation or by a court decision, this cannot affect in any way the validity and compliance with the present general conditions of sale.
These terms and conditions shall apply for the duration of the services offered online by the Maison de la Mirabelle company.
The computerized registers, preserved in the computer systems of the Maison de la Mirabelle company and its partners under reasonable conditions of safety, will be considered as proof of communication, orders and payments that occurred between the parties.
The archiving of order forms and invoices is carried out on a reliable and sustainable material to correspond to a true and lasting copy in accordance with article 1348 of the civil code.
These terms and conditions are subject to French law. The competent court in case of dispute will be that of the place of domicile of the defendant or, at the option of the applicant, of the place of actual delivery of the product