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General conditions of sale mademoiselle-splendide.com
These Terms and Conditions apply to all sales of products made by the company mademoiselle-splendide LTD, defined below by the brand "Mademoiselle-splendide" and its websites mademoiselle-splendide.com and Discoutmymobile.com.
The contract (hereinafter "the Contract") is constituted by these General Terms and Conditions of Sale, which the Customer accepts without reserence from the Creation of Account. In the event of a contradiction or difficulty in interpreting the Contract, these General Terms and Conditions shall prevail between the Parties on any subsequent accuracy relating to the same object; In particular, the other indications on the Website may not be interpreted as derogations from the so-called General Terms of Sale.
These General Terms and Conditions apply to any order made between the customer and the company mademoiselle-splendide LTD via its websites:
www.mademoiselle-splendide.com
1 – DEFINITIONS
GENERAL CONDITIONS means these General Terms of Sale.
COMMANDE designates any online order of a Product offered for sale by “Splendid Miss” on the Website, in return for payment by the Customer in cash.
CLIENT means any natural or legal person with the legal capacity to contract and regularly registered on the Website (see “Creating account” below) to purchase or exchange products for purposes other than those of its professional activity. Any order placed for the purposes of its professional activity will remain valid but must be treated as a derogatory order and will be subject as such to the rules of commercial law.
CREATION OF ACCOUNT means the mandatory and prior registration of the Customer in order to benefit from the offers and services of "splendid miss" via its Websites and by which the Customer submits to these Terms and Conditions in full right and accepts the processing of his personal data in accordance with the conditions described in the General Conditions for the Treatment of Personal Data on the Website and the applicable law and regulations. The Customer includes a valid email address.
ENTERVIRONMENT means the time when these General Terms of Sale are applicable between the Parties, regardless of the effective conclusion of a Sales Agreement between the Parties.
PRODUCT FILE means the page of the Website describing the essential characteristics of the Product offered for sale. "Mademoiselle-splendide" reserves the right to modify or update the Product Sheets at any time and without notice.
COMMANDE FORM refers to the electronic order form completed online by the Customer on the Website in writing and in a clear manner at the time of the Order Pass and containing the information necessary for the processing of the Order, including its email address and shipping and billing addresses.
RETRACTATION FORM refers to the form made available to the Customer to enable him to exercise his right of withdrawal in accordance with the law and these General Conditions (see article 10), by e-mailing in the legal period to the customer service of "mademoiselle-splendide" clearly and unequivocally his intention to withdraw his Order. Details in the after-sales service section.
DAY OFFICERS means any day other than a Saturday or a Sunday or a holiday or a holiday in France.
PRICE LIST is the list of prices for the Products in force on the Order Passing Day, established and published by "splendid miss" on the Website.
NUMERO DE COMMANDE refers to the Order Number issued by "Splendid Miss" at the time of the Order Pass.
COMMANDE PASSATION refers to the passing of a Order made by the Customer by filling, validating and sending the Order Form published on the Website. "Mademoiselle-splendide" acknowledges receipt of the Order by email as soon as possible.
Parties collectively designate "splendid miss" and the Customer.
PRODUCTS means products, new, used or "sold as new" (subject to new and repackaged) offered by "splendid miss" for sale on the Website, in accordance with the Price List.
LUCKY STAR LTD is the registered company (registration number 2361120 ) in Hong Kong – 194/204 Johnston Rd, Wanchai Commercial Ctr, owner and commercial operator of the Website.
INTERNET SITES means the website "Mademoiselle-splendide.com" and "Mademoiselle-splendide.com", owned by mademoiselle-splendide LTD and managed by the latter, through which the product sales offers are published and are processed by mademoiselle-splendide LTD all Product Orders.
VALIDATION OF COMMANDE means the moment when the Customer definitively validates the Order following the careful reading of the acknowledgement of receipt and the summary of the Product Order and its modification or correction before purchase as appropriate.
MODE LIVRAISON EXPRESS means a faster pay mode than the one offered, selectable at the time of order.
ARTICLE 2 - APPROVAL
1- To make a valid order, the Customer must be major and capable.
2- The Customer must be registered on the Website prior to any ordering. Account creation is mandatory.
3- Any false or false statement will incur the claimant’s civil liability for “splendid miss” at the Client’s risk and risk.
4- The essential characteristics of the Products offered for sale by "Mademoiselle-splendide" are indicated in the Product Sheets.
5- During the Online Order Passing procedure and after the issuance of a completed Order Form, the Customer will see on the Website a summary of his Order confirming his acceptance by “splendid miss” and the Customer’s commitment to pay the agreed price, for the purposes of validation by the Customer before the final confirmation of the execution of his Order by “Splendid miss”. After the Customer's Order Validation, which is valid for the final confirmation of its online purchase ("double click") without any other formality, the Customer receives by email an acknowledgement of receipt of its firm and final order, an invoice corresponding to the cost of the Product purchased as well as a confirmation of order document including the essential characteristics of the Product, its price, the costs and delays of delivery and withdrawal, in a format allowing its preservation.
ARTICLE 3 - TRAINING OF THE CONTRACTING
1- The Customer must place Order by creating an Account if he does not already have one and by completing the Order Form. In this form, the Customer must choose the product he wishes to acquire and the method of payment.
2- The Customer shall read carefully, under his or her responsibility, the summary of the Product Order referred to in Article 2 of these Terms and Conditions to modify or correct it if necessary before proceeding with the Order Validation, which definitively commits him to paying the price.
3- The Contract is deemed to be formed when the Order has been validated by the Customer (Order Value) in accordance with the above-mentioned requirements.
4- “Mademoiselle-splendide” confirms the Order by automatic sending of a confirmation email generated automatically by the website and sent to the email address indicated by the Customer during the Creation of Account and recalled in the Order Form.
ARTICLE 4 - PRICE
1- By proceeding online to the Validation of the Order of a Product with “splendid miss”, the Customer agrees to pay in full the price of the Product in force in accordance with the Price List on the Website, in addition to the shipping costs, as soon as the Contract is formed in accordance with Article 3 of these Terms and Conditions and as provided in Article 6.
2- The transfer of ownership of the Product shall be effective from the full payment of the price by the Customer, including shipping costs, as provided in Article 6 of these General Conditions.
3- The price of the Products on the Website is indicated in Euros.
4- The relevant reference price at the Order is the price indicated on the Website at the time of the Passing of the Order.
5- The price shown on the Website includes shipping costs. An express delivery mode is proposed separately as part of the Order Passing procedure described in Articles 2 and 3 above of these Terms and Conditions. The total price and shipping costs included is indicated at the end of the Order Passing process. It's firm and definitive.
6- Despite our best efforts, a small number of Products available on the Website can display an undetected error on the price. The "Mademoiselle-splendide" customer service will verify the relevance of the price at the time of processing of the Order Form and prior to any settlement. If it was found that the price indicated on the Website is erroneous, and that the actual price is higher than the price displayed on the Website, the customer service will contact the Customer by email in order to offer him to make the transaction at the real price of the Product, which will confirm in turn via the Website or by email. If the Customer prefers it in such a case a cancellation of his order, it will be operated at his express request and without any debit of his bank card. If the actual price was lower than the displayed price, “splendid miss” will charge the Customer with the revised price downwards and send the Product sold without further modification of the Order.
ARTICLE 5 - CONDITIONS AND MODALITIES
1- Any regulation is due in full to the passing of the Order. The price paid to "splendid miss" cannot be considered as deposits.
2- Payment is made by Paypal system or by bank card via this same online payment platform that is Paypal. Credits accepted (such as payment by Visa, Mastercard, American Express) are indicated on the Website. The bank card must be valid for at least one month beyond the day of the Order Pass. We also accept payments by Bitcoin coin carrier.
3- Seizure of bank information for payment is done on a secure server to guarantee the security and confidentiality of the information provided by the Customer during the banking transaction. No connection banking information is provided to “Mademoiselle-splendide”.
4- In order to avoid fraud, “splendid miss” reserves the right, before accepting the formation of the Contract and/or online payment, to ask the Customer of the proofs concerning his personal and/or banking identification and/or his domicile in addition to the method of settlement chosen. In this case, “Mademoiselle-splendide” will only process the Order from the date of receipt of the requested supporting documents, thereby delaying the expected delivery times, without the responsibility of “Mademoiselle-splendide”. “Mademoiselle-splendide” reserves the right to permanently cancel any Order in the event of insufficient provision or in the absence of receipt of the required supporting documents within fifteen (15) days or upon receipt of the evidence deemed non-conform. In such a case, the Contract will be resolved in full law, without further formality and without compensation on both sides. However, the Customer will be notified by “splendid miss” by email of such order cancellation.
5- Upon payment of the entire purchase price by the Customer, including shipping costs, "mademoiselle-splendide" undertakes to deliver the Products ordered within the expected time limits.
6- Upon confirmation of receipt of the Order, the Customer will receive by email a summary of his Order mentioning the price of the Product, including shipping costs. The actual invoice of the Product, corresponding to the price paid, shall be sent to the Customer upon confirmation, as provided in Article 7 below of these Terms and Conditions.
ARTICLE 5 - CONDITIONS AND MODALITIES
1- Any regulation is due in full to the passing of the Order. The price paid to "splendid miss" cannot be considered as deposits.
2- Payment is made by Paypal system or by bank card via this same online payment platform that is Paypal. Credits accepted (such as payment by Visa, Mastercard, American Express) are indicated on the Website. The bank card must be valid for at least one month beyond the day of the Order Pass. We also accept payments by Bitcoin coin carrier.
3- Seizure of bank information for payment is done on a secure server to guarantee the security and confidentiality of the information provided by the Customer during the banking transaction. No connection banking information is provided to “Mademoiselle-splendide”.
4- In order to avoid fraud, “splendid miss” reserves the right, before accepting the formation of the Contract and/or online payment, to ask the Customer of the proofs concerning his personal and/or banking identification and/or his domicile in addition to the method of settlement chosen. In this case, “Mademoiselle-splendide” will only process the Order from the date of receipt of the requested supporting documents, thereby delaying the expected delivery times, without the responsibility of “Mademoiselle-splendide”. “Mademoiselle-splendide” reserves the right to permanently cancel any Order in the event of insufficient provision or in the absence of receipt of the required supporting documents within fifteen (15) days or upon receipt of the evidence deemed non-conform. In such a case, the Contract will be resolved in full law, without further formality and without compensation on both sides. However, the Customer will be notified by “splendid miss” by email of such order cancellation.
5- Upon payment of the entire purchase price by the Customer, including shipping costs, "mademoiselle-splendide" undertakes to deliver the Products ordered within the expected time limits.
6- Upon confirmation of receipt of the Order, the Customer will receive by email a summary of his Order mentioning the price of the Product, including shipping costs. The actual invoice of the Product, corresponding to the price paid, shall be sent to the Customer upon confirmation, as provided in Article 7 below of these Terms and Conditions.
ARTICLE 6 - FACILITIES
The digital invoice corresponding to the Product Price will be sent by “splendid miss” to the Customer by e-mail to the e-mail address indicated by the Customer at the time of the Order’s confirmation, in accordance with Article 2 ("Order Passation").
ARTICLE 7 - PRODUCT AND TRANSFER OF RISKS
1- After the Order Validation and the complete payment of the Order price by the Customer according to the terms set out in Article 6 of the General Conditions, “Splendid miss” will send to the Customer a package containing the Ordered Product.
2- The delivery is carried out by a carrier chosen by “splendid miss”, either by direct delivery of the corresponding package in the Customer’s hands, or by a notice of provision notified to the Customer, to the Customer’s charge to take delivery of it in the specified place of deposit.
3- "Mademoiselle-splendide" agrees to send the product to the Customer within a maximum of twenty two (22) working days from the receipt by "Mademoiselle-splendide" of the complete product by the Customer, including shipping costs.
4- In the event of any delay in delivery, “splendid miss” will inform the Customer by e-mail of any change in the delivery date indicated at the Order Pass and will propose a new delivery date.
5- In the event that the Product could not be delivered to the Customer within the time limit of twenty two (22) days provided, regardless of the reason, except for force majeure or transport strike, "splendid miss" will offer the Customer a cancellation of the Order and a full refund of the Order within a maximum of thirty (30) days. No compensation or compensation other than the complete refund of the Order will be due by "splendid miss". If the Customer does not cancel its Order in writing within seventy-two (72) hours of the “splendid miss” of the notification of delivery delay, the delivery of the order product will be maintained. Reimbursement and possible return of the delayed product will then be possible only under the conditions and conditions set out below in these Terms and Conditions.
6- If the product delivered is destroyed, damaged, defective or non-conformed by the exclusive fact of "splendid miss" or the carrier, it may be returned to "splendid miss", at no cost to the Customer. No compensation or compensation other than the complete refund of the Order will be due by "splendid miss" in such a case.
7- Any delivery made by “splendid miss” will be made exclusively in European countries, USA and Canada.
8- Any delivery made by “Splendid Miss” will be made to the billing address indicated by the Customer in the Online Order Form, unless otherwise indicated in the form.
9- The product will be delivered exclusively by a carrier chosen by "splendid miss", under its responsibility.
10- The delivery costs of the Express product are borne by the Customer. They are indicated at the end of the Order Pass and in any event before the Order Validation.
11- The ordered product is deemed to be delivered by “splendid miss” when the carrier delivered it directly to the Customer (physical discount or deposit in the mailbox) or when the carrier notified him of a notice and the Product was entrusted to a third party designated by the carrier, who is responsible for keeping the package at its disposal during the period specified on the notice. The proof of delivery or notice of deposit is based on the date of delivery and the transfer of risks to the Customer.
12- The Customer undertakes to verify the condition of the parcel upon receipt of the delivery and to report to the carrier and customer service of “splendid miss” (joined by email) any anomaly, such as incomplete, damage to the parcel or apparent default of the Product. The Customer is invited, either to refuse the delivery of the Product in the event of apparent anomaly and to indicate the reason in writing to the carrier, or to take delivery by issuing written reservations. Any damage, total or partial destruction, manifest non-compliance or apparent failure of the non-signed product immediately to the carrier upon delivery of the Product shall not result in any subsequent claims from the Customer.
13- In any case and after delivery, the Customer undertakes to verify the condition, conformity to the Order and the correct operation of the Product delivered within a maximum period of forty-eight (48) hours from the day of the delivery of the Product by the carrier to determine whether it is in compliance with the Order. In the event that the Product is not in compliance with the Validated Order, the Customer is invited to contact the Customer Service of "Mademoiselle-splendide" within the conditions and times provided for in Article 11 of these Terms and Conditions. An automatic notice of receipt of the claim will be sent by email to the Customer’s address indicated in the Order Form. The eventual return of the Non-Conform Product will be treated as described in Article 10 ("Returns").
14- Unless otherwise agreed in writing and special, "Mademoiselle-splendide" reserves the right to freely choose the carrier.
15- The Customer can follow his Order from the Website by logging in to his Personal Account or by contacting the customer service of "mademoiselle-splendide" by email.
ARTICLE 8 – GUARANTEES
8.1. GARANTIE " CONSTRUCTEUR" SUR LES PRODUCTITS VENDUS NEUFS
For new products, the Customer has a specific warranty called “builder”. This warranty is activated on the day of delivery of the order by the carrier.
8.2. GARANTIE DE CONFORMITE DE mademoiselle-splendide (TOUS PRODUCTS)
For new products, the legal guarantee of conformity of "splendid miss" is limited to one (1) year for products of smartphones and accessories and (6) months with respect to screens and spare parts repair. For used or sold as new products, the legal compliance guarantee is expressly reduced to six (6) months. The above deadlines begin to run from the date of delivery of the Products concerned.
8.3. LEGAL GARANTIE DES VICES-CACHÉS (TOUS PRODUCTS)
In accordance with the provisions of article L.211-4 et seq. of the Code of Consumer Affairs and article 1641 of the Civil Code, "splendid miss" undertakes to refund to the Customer or exchange the Products purchased on the Website that reveal themselves, after delivery and expiry of the time limit of control of conformity to the Product mentioned in article 2 relating to apparent or non-compliances as provided. Only the defects hidden within the meaning of the law and the jurisprudence in force, that is, which could not normally be detected by the Customer during the delivery and control of the Product, may be treated as hidden defects and give rise to a claim by the Customer as such.
The Customer undertakes to inform “splendid miss” in detail and in writing of the claim by specifying, on the one hand, the nature of the hidden vice and, if known, its apparent origin, on the other hand, the choice to exchange the Defective Product by another similar Product or the full refund of the Product, including shipping costs. The Customer shall not be entitled to any other compensation or compensation measure, unless the defect has caused injury that would not be compensated by the refund, provided that "splendid miss" may be considered liable for such damage in accordance with Article 14 of these General Conditions.
As part of the exercise of this warranty, the Customer undertakes to return the Product under the terms set out below in Article 10 ("Returns") of these Terms and Conditions. The return of the product is done at the Customer's expense and risk. However, the shipping costs will be refunded to the Customer on the basis of the fee charged and the return fees based on the presentation of the supporting documentation.
In the case that it would appear that the default reported by the Customer does not constitute a hidden defect or that it is not attributable to “splendid miss” or to the manufacturer of the Product, the Product will be returned without compensation to the address and costs and risks of the Customer, in which case the Customer bears the full return and shipping costs.
The legal guarantees to which the Customer is entitled shall be specified in Annex 1 to these General Terms and Conditions, to which they shall return in full, except for the purpose of such General Conditions.
8.4. GARANTIE CONTRACTUELLE DE mademoiselle-splendide (OCCASION PRODUCTS OR SALE COMME NEUFS)
In addition to the contractual and legal guarantees mentioned above and/or in Annex I to these General Conditions, the Products provided by "splendid miss" to the Customer, with the express exception of the new Products sold by "splendid miss" (inverted by the "builder" warranty referred to in Article 9.2), are guaranteed for a contractual period of six (6) months for normal use of the Product. However, the warranty will not be applicable in the event of any damage, oxidation or damage due, for example, to prolonged exposure to humidity or excessive temperature, or in the case of non-compliant use of the product or the forecast in the product’s instructions, mishandling of the Product and more generally any impairment caused by the Customer to the appearance, condition or good operation of the Product that may impair the product. This contractual warranty after delivery cannot be considered as a guarantee against product breaks. Only non-imputable malfunctions, failures or defects in the Customer’s use will benefit from this warranty.
This guarantee is limited to the standard rehabilitation or exchange of the Product and its re-shipment at the expense of "splendid miss", provided that the Customer has requested its implementation by email to our customer service, received within the above-mentioned period, and that the Customer has returned its Product within that same period, in accordance with the terms and conditions made and taking into account all the restrictions contained in Article 10, which constitute causes not.
The Purchases are subject to the guarantees and limitations of guarantees set out above in the General Conditions. No other warranty of any kind is provided by “splendid miss” under these General Conditions.
ARTICLE 9 - RETURNS - RIGHT TO RETRACTATION
1- The Customer has a maximum period of fourteen (14) free days from receipt of the Product to exercise its right of withdrawal. The withdrawal is necessarily notified to "splendid miss" by email to the customer service. To exercise this right under the law, the Customer does not have to justify reasons or to pay a penalty or charge, subject to the payment of the return fees that are borne by the Customer in accordance with the law. For orders placed by the Customer effective January 01, 2017, the withdrawal period will be extended to thirty (30) free days from the delivery of the Product in accordance with the General Conditions.
2- In the case of a Single Order covering several Products delivered separately, the short period from the delivery of the last Product under the conditions specified in the General Conditions. In the event of multiple orders by the same Customer, the deadline is short from each product delivery.
3- The exercise of the right of withdrawal in accordance with the above-mentioned terms opens for the Customer the right to be refunded from the order amount. As such, "Mademoiselle-splendide" will reimburse the Customer the price of the purchased product and the original shipping costs. The product's return costs remain entirely at the expense of the Customer. Any claim for refund under the right of withdrawal could not be taken into account only if the right of withdrawal is notified within the time and form specified in 10.1 and 10.4 of this article and if the return (return) of the Product concerned to "splendide miss" was made by the Customer within that same period.
4- For the exercise of the right of withdrawal, the Customer must first log in to his account, submit the request for withdrawal by email to the customer service of "splendid miss" within the time and the forms indicated above in 10.1.
5- Products must be returned to the address that the customer service will provide to the customer based on their place and country of residence.
6- The Customer undertakes to return the Product in its original packaging. The package must include the Product and all the Accessories and instructions that have been delivered with the Product. The Customer must also ensure that the warranty labels are included in the shipment and that the Order Number is properly indicated and that a copy of the purchase invoice is attached.
7- "Mademoiselle-splendide" reserves the right not to resume, exchange, or refund any incomplete product (especially within the meaning of 10.6), damaged, damaged and/or whose original packaging and/or elements or Accessories would have been lost or deteriorated.
8- The return of the product is made at the Customer's expense and risk.
9- By derogation, professional customers who would not be assimilated to consumers within the meaning of French law do not have this right of withdrawal.
ARTICLE 10 - CONFORMITY OF PRODUCTS OR LIVRAISON - SUBSTANCES
1- The Customer undertakes to report to "splendid miss" at the reception, or at the latest within the deadlines set out in article 8 of these General Conditions relating to the delivery and receipt of the Product, any Product delivered incomplete, defective, damaged, non-conformed to the Order or any package not including the number of Products and Accessories provided, or any error or misstatement. In the absence of notification in this form and within this period, the Customer shall lose any right of claim for conformity of the Product, except in the circumstances provided for by the law and the jurisprudence in force and in any event within the maximum time limits provided for in Article 9-3, without prejudice to the guarantee of hidden defects of the Product or the contractual guarantee provided for in Article 9, when applicable.
In the event of a non-compliance claim as stated in this section, the Customer undertakes to return the product to “splendid miss” in accordance with the terms and conditions set out in Articles 8 and 10 of these Terms and Conditions. In any case, within the framework of the legal guarantee of conformity and after notification by the Customer under the above-mentioned conditions, “splendid miss” will remedy the default, either by repairing or replacing the faulty product, or if this proves impossible or disproportionate, by reducing the product’s price to due proportion. In the event of restitution and refund of the Product, “splendid miss” may take into account the use that the Customer of the Product may have made since the date of delivery.
2- The spare parts or spare parts of the new or used products sold as new by “splendid miss” are directly available from the manufacturers and for the duration specified in the “product sheet” corresponding to the date of formation of the sales contract under Article 3 of these General Terms of Sale.
ARTICLE 11 - ANNULATION OF THE COMMANDE BY mademoiselle-Splendid
“Mademoiselle-splendide” reserves the right to cancel any incorrect order or fail to meet the conditions set out in the General Conditions, in particular if:
the Customer has not proceeded with an Account Creation in accordance with the Order Pass;
the Customer turns out to be insolvent (unhonored payment within fifteen (15) days from the Order Passing ;
the Customer indicated incorrect or incomplete information in the Order Form;
the Customer has a dispute with “Splendid Miss” concerning the settlement of an earlier Order or concerning a purchase in accordance with the General Conditions of Purchase.
the Customer indicated incorrect or incomplete information in the Order Form;
the Product is not available after the Order Passing. In this case, "splendid miss" will inform the Customer by e-mail and cancel the Order and no flow in principle will be made; and if, however, a debit was made by mistake in the absence of a delivery, a full refund will be made.
ARTICLE 12 - TRANSFER OF PROPRIET AND TRANSFER OF RISK
The product delivered and billed to the Customer remains the property of “splendid miss” until the full payment of its price by the Customer, including shipping costs.
The Product passes to the Customer’s risks from the time it is deemed to be delivered as stated in Article 8 of these Terms and Conditions.
ARTICLE 13 - RESPONSIBILITY - LIMITES AND EXCLUSIONS OF GARANTIA
Subject to mandatory statutory provisions, the liability of “splendid miss” is strictly limited to the obligations set out in these conditions or, where applicable, to express conditions and may only be incurred in the event of a lack of proven default on its part to its essential or default or non-compliance obligations of which a Product sold via the Website is originally.
In addition, the legal and contractual guarantees referred to in these General Conditions exclude damage resulting from misuse or impairment of the Products sold, damage resulting from a lack of care or maintenance in accordance with the technical instructions and specifications, damage of external origin, damage resulting from non-conform or inappropriate use of the Products, damage resulting from the intervention on a Non-Gendered Repair Product. "Mademoiselle-splendide" cannot be held responsible for any loss or alteration of data or programs present on Products or materials or accessories of any kind owned by the Customers. Any unauthorized modification or mechanical, electronic, electrical or other transformation made to the Products or its connection devices by the Customer or any third party similarly excludes the warranty and liability of "splendid miss".
As part of the implementation of its warranty, "splendid miss" only undertakes to ensure the replacement of the Product (standard exchange) in the event of default making it totally or essentially unusable or the replacement of the defective parts or parts.
In the case of new products, in the event of bankruptcy, lack of diligence or failure to respond or inability to provide or repair the manufacturer, the Customer shall not return to “splendid miss”, which shall not assume any liability for the defect of the products of that manufacturer, subject to the mandatory legal provisions and guarantees provided in these General Conditions of Sale.
"Mademoiselle-splendide" may also be held responsible for minor errors in the Product Sheets or for the illustrations of the Products on the Website, "Mademoiselle-splendide" guaranteeing only the conformity of the Product sold to the essential characteristics contained in this Product Sheet.
In any case, the liability of “splendid miss” under the Contract is limited to the repair of the direct and proven damage suffered by the Customer, excluding any indirect and/or intangible damage such as loss of operation, a chance, loss of image, loss of contract, loss of data, etc. and is capped in its amount at the purchase price of the Product at the date of the Order’s Passation, excluding any other repairs, except the cases provided by the French law and jurisprudence where such a limitation of repair is by unenforceable exception.
ARTICLE 14 - ACCEPTATION OF GENERAL CONDITIONS
The Passing of a Order by the Customer implies and leads to the acceptance of these General Terms and Conditions of Sale in full and without reservation.
ARTICLE 15 - SERVICES
The Customer must log in to his Account and contact the Customer Service for the follow-up of the Order, the formalities prior to the exercise of the right of withdrawal or to bring to the attention of “Mademoiselle-splendide” a claim under the conditions set out in these General Conditions. Upon notification to the customer service, the Customer must indicate the Order Number and the subject matter of the request or claim. These claims or claims are processed within a reasonable time frame.
The Customer can also contact the customer service by email at the following address: contact@mademoiselle-splendide.com
ARTICLE 16 - OTHER
Notifications must be sent to the other Party in writing, i.e. by e-mail with acknowledgement of receipt in the cases provided for in these General Conditions or required by law.
The titles in these General Conditions are purely indicative and their wording cannot influence the interpretation of the provisions to which they relate.
The fact that “splendid miss” does not require the strict application of any clause of these Terms and Conditions will in no way be considered a waiver to use it in the future.
These General Terms and Conditions of Sale are an integral part of the formation of a Sales Agreement, which implies the acceptance by the Customer of these General Conditions, which apply in full and exclusive manner to the relations between "splendid miss" and the Customer for any operation covered by their object. These General Conditions exclude the application of any other written or oral documents, correspondence or exchanges from Parties, regardless of the terms and dates of communication.
The data recorded by “splendid miss” on the Website is proof of all transactions between the Parties, unless expressly agreed otherwise.
"Mademoiselle-splendide" reserves the right to modify or update these Terms and Conditions of Sale at any time and without notice. This update will, however, be subject to notice or apparent information on the Website to the Customers of “Mademoiselle-splendide”. In the event of an amendment, the General Terms and Conditions applicable to the contractual relationship between the Parties shall be those in effect on the date and time of the Passing of the Order by the Customer.
The language of the General Terms and Conditions of Sale and the Contract is exclusively the French language, excluding any other language.
ARTICLE 17 - APPLICABLE LAW AND DISPUTES
These General Conditions are subject exclusively to French law, with the express exclusion of the 1980 Vienna Convention on the International Sale of Goods.
In the event of a dispute of any kind between the Parties or of a claim raised by one of the Parties in respect of, inter alia, the performance, training or interpretation of these General Conditions, the Contract and their respective obligations, the Parties undertake to negotiate with each other in good faith before any trial, with a view to attempting to arrive at a friendly settlement for a minimum period of thirty (30) days from the receipt of the notification addressed by the Party.
In the event of a dispute between "splendid miss" and an exceptionally international client, the French courts will be the only competent ones, including in the case of a plurality of defendants, a guarantee appeal or an application procedure.
For Customers with merchant status, exclusive jurisdiction in the event of a dispute is assigned to the Paris Commercial Court.
ANNEX I
ARTICLES FOR CLIENTS ON THE CONSUMER STATUS
Article L211-4 of the Consumer Code The seller is required to deliver a property in accordance with the contract and responds to existing compliance defects at issue.
It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility.
Article L. 211-5 of the Consumer Code To comply with the contract, the property shall:
1° be specific to the usual use of a similar property and, if applicable:
- correspond to the description given by the seller and possess the qualities it has presented to the buyer in the form of a sample or model
- to present the qualities that a buyer can legitimately wait with regard to public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling ;
2° Or to present the characteristics defined by mutual agreement by the parties or to be specific to any special use sought by the buyer, brought to the attention of the seller and that the seller accepted.
Article 1641 of the Civil Code. The seller is bound by the warranty because of the hidden defects of the thing sold that make it unfit for the use to which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given it only a lesser price if he had known them.
Article 1648, paragraph 1 of the Civil Code. The action resulting from redhibitral defects must be brought by the purchaser within two years from the discovery of the vice.
These Terms and Conditions apply to all sales of products made by the company mademoiselle-splendide LTD, defined below by the brand "Mademoiselle-splendide" and its websites mademoiselle-splendide.com and Discoutmymobile.com.
The contract (hereinafter "the Contract") is constituted by these General Terms and Conditions of Sale, which the Customer accepts without reserence from the Creation of Account. In the event of a contradiction or difficulty in interpreting the Contract, these General Terms and Conditions shall prevail between the Parties on any subsequent accuracy relating to the same object; In particular, the other indications on the Website may not be interpreted as derogations from the so-called General Terms of Sale.
These General Terms and Conditions apply to any order made between the customer and the company mademoiselle-splendide LTD via its websites:
www.mademoiselle-splendide.com
1 – DEFINITIONS
GENERAL CONDITIONS means these General Terms of Sale.
COMMANDE designates any online order of a Product offered for sale by “Splendid Miss” on the Website, in return for payment by the Customer in cash.
CLIENT means any natural or legal person with the legal capacity to contract and regularly registered on the Website (see “Creating account” below) to purchase or exchange products for purposes other than those of its professional activity. Any order placed for the purposes of its professional activity will remain valid but must be treated as a derogatory order and will be subject as such to the rules of commercial law.
CREATION OF ACCOUNT means the mandatory and prior registration of the Customer in order to benefit from the offers and services of "splendid miss" via its Websites and by which the Customer submits to these Terms and Conditions in full right and accepts the processing of his personal data in accordance with the conditions described in the General Conditions for the Treatment of Personal Data on the Website and the applicable law and regulations. The Customer includes a valid email address.
ENTERVIRONMENT means the time when these General Terms of Sale are applicable between the Parties, regardless of the effective conclusion of a Sales Agreement between the Parties.
PRODUCT FILE means the page of the Website describing the essential characteristics of the Product offered for sale. "Mademoiselle-splendide" reserves the right to modify or update the Product Sheets at any time and without notice.
COMMANDE FORM refers to the electronic order form completed online by the Customer on the Website in writing and in a clear manner at the time of the Order Pass and containing the information necessary for the processing of the Order, including its email address and shipping and billing addresses.
RETRACTATION FORM refers to the form made available to the Customer to enable him to exercise his right of withdrawal in accordance with the law and these General Conditions (see article 10), by e-mailing in the legal period to the customer service of "mademoiselle-splendide" clearly and unequivocally his intention to withdraw his Order. Details in the after-sales service section.
DAY OFFICERS means any day other than a Saturday or a Sunday or a holiday or a holiday in France.
PRICE LIST is the list of prices for the Products in force on the Order Passing Day, established and published by "splendid miss" on the Website.
NUMERO DE COMMANDE refers to the Order Number issued by "Splendid Miss" at the time of the Order Pass.
COMMANDE PASSATION refers to the passing of a Order made by the Customer by filling, validating and sending the Order Form published on the Website. "Mademoiselle-splendide" acknowledges receipt of the Order by email as soon as possible.
Parties collectively designate "splendid miss" and the Customer.
PRODUCTS means products, new, used or "sold as new" (subject to new and repackaged) offered by "splendid miss" for sale on the Website, in accordance with the Price List.
LUCKY STAR LTD is the registered company (registration number 2361120 ) in Hong Kong – 194/204 Johnston Rd, Wanchai Commercial Ctr, owner and commercial operator of the Website.
INTERNET SITES means the website "Mademoiselle-splendide.com" and "Mademoiselle-splendide.com", owned by mademoiselle-splendide LTD and managed by the latter, through which the product sales offers are published and are processed by mademoiselle-splendide LTD all Product Orders.
VALIDATION OF COMMANDE means the moment when the Customer definitively validates the Order following the careful reading of the acknowledgement of receipt and the summary of the Product Order and its modification or correction before purchase as appropriate.
MODE LIVRAISON EXPRESS means a faster pay mode than the one offered, selectable at the time of order.
ARTICLE 2 - APPROVAL
1- To make a valid order, the Customer must be major and capable.
2- The Customer must be registered on the Website prior to any ordering. Account creation is mandatory.
3- Any false or false statement will incur the claimant’s civil liability for “splendid miss” at the Client’s risk and risk.
4- The essential characteristics of the Products offered for sale by "Mademoiselle-splendide" are indicated in the Product Sheets.
5- During the Online Order Passing procedure and after the issuance of a completed Order Form, the Customer will see on the Website a summary of his Order confirming his acceptance by “splendid miss” and the Customer’s commitment to pay the agreed price, for the purposes of validation by the Customer before the final confirmation of the execution of his Order by “Splendid miss”. After the Customer's Order Validation, which is valid for the final confirmation of its online purchase ("double click") without any other formality, the Customer receives by email an acknowledgement of receipt of its firm and final order, an invoice corresponding to the cost of the Product purchased as well as a confirmation of order document including the essential characteristics of the Product, its price, the costs and delays of delivery and withdrawal, in a format allowing its preservation.
ARTICLE 3 - TRAINING OF THE CONTRACTING
1- The Customer must place Order by creating an Account if he does not already have one and by completing the Order Form. In this form, the Customer must choose the product he wishes to acquire and the method of payment.
2- The Customer shall read carefully, under his or her responsibility, the summary of the Product Order referred to in Article 2 of these Terms and Conditions to modify or correct it if necessary before proceeding with the Order Validation, which definitively commits him to paying the price.
3- The Contract is deemed to be formed when the Order has been validated by the Customer (Order Value) in accordance with the above-mentioned requirements.
4- “Mademoiselle-splendide” confirms the Order by automatic sending of a confirmation email generated automatically by the website and sent to the email address indicated by the Customer during the Creation of Account and recalled in the Order Form.
ARTICLE 4 - PRICE
1- By proceeding online to the Validation of the Order of a Product with “splendid miss”, the Customer agrees to pay in full the price of the Product in force in accordance with the Price List on the Website, in addition to the shipping costs, as soon as the Contract is formed in accordance with Article 3 of these Terms and Conditions and as provided in Article 6.
2- The transfer of ownership of the Product shall be effective from the full payment of the price by the Customer, including shipping costs, as provided in Article 6 of these General Conditions.
3- The price of the Products on the Website is indicated in Euros.
4- The relevant reference price at the Order is the price indicated on the Website at the time of the Passing of the Order.
5- The price shown on the Website includes shipping costs. An express delivery mode is proposed separately as part of the Order Passing procedure described in Articles 2 and 3 above of these Terms and Conditions. The total price and shipping costs included is indicated at the end of the Order Passing process. It's firm and definitive.
6- Despite our best efforts, a small number of Products available on the Website can display an undetected error on the price. The "Mademoiselle-splendide" customer service will verify the relevance of the price at the time of processing of the Order Form and prior to any settlement. If it was found that the price indicated on the Website is erroneous, and that the actual price is higher than the price displayed on the Website, the customer service will contact the Customer by email in order to offer him to make the transaction at the real price of the Product, which will confirm in turn via the Website or by email. If the Customer prefers it in such a case a cancellation of his order, it will be operated at his express request and without any debit of his bank card. If the actual price was lower than the displayed price, “splendid miss” will charge the Customer with the revised price downwards and send the Product sold without further modification of the Order.
ARTICLE 5 - CONDITIONS AND MODALITIES
1- Any regulation is due in full to the passing of the Order. The price paid to "splendid miss" cannot be considered as deposits.
2- Payment is made by Paypal system or by bank card via this same online payment platform that is Paypal. Credits accepted (such as payment by Visa, Mastercard, American Express) are indicated on the Website. The bank card must be valid for at least one month beyond the day of the Order Pass. We also accept payments by Bitcoin coin carrier.
3- Seizure of bank information for payment is done on a secure server to guarantee the security and confidentiality of the information provided by the Customer during the banking transaction. No connection banking information is provided to “Mademoiselle-splendide”.
4- In order to avoid fraud, “splendid miss” reserves the right, before accepting the formation of the Contract and/or online payment, to ask the Customer of the proofs concerning his personal and/or banking identification and/or his domicile in addition to the method of settlement chosen. In this case, “Mademoiselle-splendide” will only process the Order from the date of receipt of the requested supporting documents, thereby delaying the expected delivery times, without the responsibility of “Mademoiselle-splendide”. “Mademoiselle-splendide” reserves the right to permanently cancel any Order in the event of insufficient provision or in the absence of receipt of the required supporting documents within fifteen (15) days or upon receipt of the evidence deemed non-conform. In such a case, the Contract will be resolved in full law, without further formality and without compensation on both sides. However, the Customer will be notified by “splendid miss” by email of such order cancellation.
5- Upon payment of the entire purchase price by the Customer, including shipping costs, "mademoiselle-splendide" undertakes to deliver the Products ordered within the expected time limits.
6- Upon confirmation of receipt of the Order, the Customer will receive by email a summary of his Order mentioning the price of the Product, including shipping costs. The actual invoice of the Product, corresponding to the price paid, shall be sent to the Customer upon confirmation, as provided in Article 7 below of these Terms and Conditions.
ARTICLE 5 - CONDITIONS AND MODALITIES
1- Any regulation is due in full to the passing of the Order. The price paid to "splendid miss" cannot be considered as deposits.
2- Payment is made by Paypal system or by bank card via this same online payment platform that is Paypal. Credits accepted (such as payment by Visa, Mastercard, American Express) are indicated on the Website. The bank card must be valid for at least one month beyond the day of the Order Pass. We also accept payments by Bitcoin coin carrier.
3- Seizure of bank information for payment is done on a secure server to guarantee the security and confidentiality of the information provided by the Customer during the banking transaction. No connection banking information is provided to “Mademoiselle-splendide”.
4- In order to avoid fraud, “splendid miss” reserves the right, before accepting the formation of the Contract and/or online payment, to ask the Customer of the proofs concerning his personal and/or banking identification and/or his domicile in addition to the method of settlement chosen. In this case, “Mademoiselle-splendide” will only process the Order from the date of receipt of the requested supporting documents, thereby delaying the expected delivery times, without the responsibility of “Mademoiselle-splendide”. “Mademoiselle-splendide” reserves the right to permanently cancel any Order in the event of insufficient provision or in the absence of receipt of the required supporting documents within fifteen (15) days or upon receipt of the evidence deemed non-conform. In such a case, the Contract will be resolved in full law, without further formality and without compensation on both sides. However, the Customer will be notified by “splendid miss” by email of such order cancellation.
5- Upon payment of the entire purchase price by the Customer, including shipping costs, "mademoiselle-splendide" undertakes to deliver the Products ordered within the expected time limits.
6- Upon confirmation of receipt of the Order, the Customer will receive by email a summary of his Order mentioning the price of the Product, including shipping costs. The actual invoice of the Product, corresponding to the price paid, shall be sent to the Customer upon confirmation, as provided in Article 7 below of these Terms and Conditions.
ARTICLE 6 - FACILITIES
The digital invoice corresponding to the Product Price will be sent by “splendid miss” to the Customer by e-mail to the e-mail address indicated by the Customer at the time of the Order’s confirmation, in accordance with Article 2 ("Order Passation").
ARTICLE 7 - PRODUCT AND TRANSFER OF RISKS
1- After the Order Validation and the complete payment of the Order price by the Customer according to the terms set out in Article 6 of the General Conditions, “Splendid miss” will send to the Customer a package containing the Ordered Product.
2- The delivery is carried out by a carrier chosen by “splendid miss”, either by direct delivery of the corresponding package in the Customer’s hands, or by a notice of provision notified to the Customer, to the Customer’s charge to take delivery of it in the specified place of deposit.
3- "Mademoiselle-splendide" agrees to send the product to the Customer within a maximum of twenty two (22) working days from the receipt by "Mademoiselle-splendide" of the complete product by the Customer, including shipping costs.
4- In the event of any delay in delivery, “splendid miss” will inform the Customer by e-mail of any change in the delivery date indicated at the Order Pass and will propose a new delivery date.
5- In the event that the Product could not be delivered to the Customer within the time limit of twenty two (22) days provided, regardless of the reason, except for force majeure or transport strike, "splendid miss" will offer the Customer a cancellation of the Order and a full refund of the Order within a maximum of thirty (30) days. No compensation or compensation other than the complete refund of the Order will be due by "splendid miss". If the Customer does not cancel its Order in writing within seventy-two (72) hours of the “splendid miss” of the notification of delivery delay, the delivery of the order product will be maintained. Reimbursement and possible return of the delayed product will then be possible only under the conditions and conditions set out below in these Terms and Conditions.
6- If the product delivered is destroyed, damaged, defective or non-conformed by the exclusive fact of "splendid miss" or the carrier, it may be returned to "splendid miss", at no cost to the Customer. No compensation or compensation other than the complete refund of the Order will be due by "splendid miss" in such a case.
7- Any delivery made by “splendid miss” will be made exclusively in European countries, USA and Canada.
8- Any delivery made by “Splendid Miss” will be made to the billing address indicated by the Customer in the Online Order Form, unless otherwise indicated in the form.
9- The product will be delivered exclusively by a carrier chosen by "splendid miss", under its responsibility.
10- The delivery costs of the Express product are borne by the Customer. They are indicated at the end of the Order Pass and in any event before the Order Validation.
11- The ordered product is deemed to be delivered by “splendid miss” when the carrier delivered it directly to the Customer (physical discount or deposit in the mailbox) or when the carrier notified him of a notice and the Product was entrusted to a third party designated by the carrier, who is responsible for keeping the package at its disposal during the period specified on the notice. The proof of delivery or notice of deposit is based on the date of delivery and the transfer of risks to the Customer.
12- The Customer undertakes to verify the condition of the parcel upon receipt of the delivery and to report to the carrier and customer service of “splendid miss” (joined by email) any anomaly, such as incomplete, damage to the parcel or apparent default of the Product. The Customer is invited, either to refuse the delivery of the Product in the event of apparent anomaly and to indicate the reason in writing to the carrier, or to take delivery by issuing written reservations. Any damage, total or partial destruction, manifest non-compliance or apparent failure of the non-signed product immediately to the carrier upon delivery of the Product shall not result in any subsequent claims from the Customer.
13- In any case and after delivery, the Customer undertakes to verify the condition, conformity to the Order and the correct operation of the Product delivered within a maximum period of forty-eight (48) hours from the day of the delivery of the Product by the carrier to determine whether it is in compliance with the Order. In the event that the Product is not in compliance with the Validated Order, the Customer is invited to contact the Customer Service of "Mademoiselle-splendide" within the conditions and times provided for in Article 11 of these Terms and Conditions. An automatic notice of receipt of the claim will be sent by email to the Customer’s address indicated in the Order Form. The eventual return of the Non-Conform Product will be treated as described in Article 10 ("Returns").
14- Unless otherwise agreed in writing and special, "Mademoiselle-splendide" reserves the right to freely choose the carrier.
15- The Customer can follow his Order from the Website by logging in to his Personal Account or by contacting the customer service of "mademoiselle-splendide" by email.
ARTICLE 8 – GUARANTEES
8.1. GARANTIE " CONSTRUCTEUR" SUR LES PRODUCTITS VENDUS NEUFS
For new products, the Customer has a specific warranty called “builder”. This warranty is activated on the day of delivery of the order by the carrier.
8.2. GARANTIE DE CONFORMITE DE mademoiselle-splendide (TOUS PRODUCTS)
For new products, the legal guarantee of conformity of "splendid miss" is limited to one (1) year for products of smartphones and accessories and (6) months with respect to screens and spare parts repair. For used or sold as new products, the legal compliance guarantee is expressly reduced to six (6) months. The above deadlines begin to run from the date of delivery of the Products concerned.
8.3. LEGAL GARANTIE DES VICES-CACHÉS (TOUS PRODUCTS)
In accordance with the provisions of article L.211-4 et seq. of the Code of Consumer Affairs and article 1641 of the Civil Code, "splendid miss" undertakes to refund to the Customer or exchange the Products purchased on the Website that reveal themselves, after delivery and expiry of the time limit of control of conformity to the Product mentioned in article 2 relating to apparent or non-compliances as provided. Only the defects hidden within the meaning of the law and the jurisprudence in force, that is, which could not normally be detected by the Customer during the delivery and control of the Product, may be treated as hidden defects and give rise to a claim by the Customer as such.
The Customer undertakes to inform “splendid miss” in detail and in writing of the claim by specifying, on the one hand, the nature of the hidden vice and, if known, its apparent origin, on the other hand, the choice to exchange the Defective Product by another similar Product or the full refund of the Product, including shipping costs. The Customer shall not be entitled to any other compensation or compensation measure, unless the defect has caused injury that would not be compensated by the refund, provided that "splendid miss" may be considered liable for such damage in accordance with Article 14 of these General Conditions.
As part of the exercise of this warranty, the Customer undertakes to return the Product under the terms set out below in Article 10 ("Returns") of these Terms and Conditions. The return of the product is done at the Customer's expense and risk. However, the shipping costs will be refunded to the Customer on the basis of the fee charged and the return fees based on the presentation of the supporting documentation.
In the case that it would appear that the default reported by the Customer does not constitute a hidden defect or that it is not attributable to “splendid miss” or to the manufacturer of the Product, the Product will be returned without compensation to the address and costs and risks of the Customer, in which case the Customer bears the full return and shipping costs.
The legal guarantees to which the Customer is entitled shall be specified in Annex 1 to these General Terms and Conditions, to which they shall return in full, except for the purpose of such General Conditions.
8.4. GARANTIE CONTRACTUELLE DE mademoiselle-splendide (OCCASION PRODUCTS OR SALE COMME NEUFS)
In addition to the contractual and legal guarantees mentioned above and/or in Annex I to these General Conditions, the Products provided by "splendid miss" to the Customer, with the express exception of the new Products sold by "splendid miss" (inverted by the "builder" warranty referred to in Article 9.2), are guaranteed for a contractual period of six (6) months for normal use of the Product. However, the warranty will not be applicable in the event of any damage, oxidation or damage due, for example, to prolonged exposure to humidity or excessive temperature, or in the case of non-compliant use of the product or the forecast in the product’s instructions, mishandling of the Product and more generally any impairment caused by the Customer to the appearance, condition or good operation of the Product that may impair the product. This contractual warranty after delivery cannot be considered as a guarantee against product breaks. Only non-imputable malfunctions, failures or defects in the Customer’s use will benefit from this warranty.
This guarantee is limited to the standard rehabilitation or exchange of the Product and its re-shipment at the expense of "splendid miss", provided that the Customer has requested its implementation by email to our customer service, received within the above-mentioned period, and that the Customer has returned its Product within that same period, in accordance with the terms and conditions made and taking into account all the restrictions contained in Article 10, which constitute causes not.
The Purchases are subject to the guarantees and limitations of guarantees set out above in the General Conditions. No other warranty of any kind is provided by “splendid miss” under these General Conditions.
ARTICLE 9 - RETURNS - RIGHT TO RETRACTATION
1- The Customer has a maximum period of fourteen (14) free days from receipt of the Product to exercise its right of withdrawal. The withdrawal is necessarily notified to "splendid miss" by email to the customer service. To exercise this right under the law, the Customer does not have to justify reasons or to pay a penalty or charge, subject to the payment of the return fees that are borne by the Customer in accordance with the law. For orders placed by the Customer effective January 01, 2017, the withdrawal period will be extended to thirty (30) free days from the delivery of the Product in accordance with the General Conditions.
2- In the case of a Single Order covering several Products delivered separately, the short period from the delivery of the last Product under the conditions specified in the General Conditions. In the event of multiple orders by the same Customer, the deadline is short from each product delivery.
3- The exercise of the right of withdrawal in accordance with the above-mentioned terms opens for the Customer the right to be refunded from the order amount. As such, "Mademoiselle-splendide" will reimburse the Customer the price of the purchased product and the original shipping costs. The product's return costs remain entirely at the expense of the Customer. Any claim for refund under the right of withdrawal could not be taken into account only if the right of withdrawal is notified within the time and form specified in 10.1 and 10.4 of this article and if the return (return) of the Product concerned to "splendide miss" was made by the Customer within that same period.
4- For the exercise of the right of withdrawal, the Customer must first log in to his account, submit the request for withdrawal by email to the customer service of "splendid miss" within the time and the forms indicated above in 10.1.
5- Products must be returned to the address that the customer service will provide to the customer based on their place and country of residence.
6- The Customer undertakes to return the Product in its original packaging. The package must include the Product and all the Accessories and instructions that have been delivered with the Product. The Customer must also ensure that the warranty labels are included in the shipment and that the Order Number is properly indicated and that a copy of the purchase invoice is attached.
7- "Mademoiselle-splendide" reserves the right not to resume, exchange, or refund any incomplete product (especially within the meaning of 10.6), damaged, damaged and/or whose original packaging and/or elements or Accessories would have been lost or deteriorated.
8- The return of the product is made at the Customer's expense and risk.
9- By derogation, professional customers who would not be assimilated to consumers within the meaning of French law do not have this right of withdrawal.
ARTICLE 10 - CONFORMITY OF PRODUCTS OR LIVRAISON - SUBSTANCES
1- The Customer undertakes to report to "splendid miss" at the reception, or at the latest within the deadlines set out in article 8 of these General Conditions relating to the delivery and receipt of the Product, any Product delivered incomplete, defective, damaged, non-conformed to the Order or any package not including the number of Products and Accessories provided, or any error or misstatement. In the absence of notification in this form and within this period, the Customer shall lose any right of claim for conformity of the Product, except in the circumstances provided for by the law and the jurisprudence in force and in any event within the maximum time limits provided for in Article 9-3, without prejudice to the guarantee of hidden defects of the Product or the contractual guarantee provided for in Article 9, when applicable.
In the event of a non-compliance claim as stated in this section, the Customer undertakes to return the product to “splendid miss” in accordance with the terms and conditions set out in Articles 8 and 10 of these Terms and Conditions. In any case, within the framework of the legal guarantee of conformity and after notification by the Customer under the above-mentioned conditions, “splendid miss” will remedy the default, either by repairing or replacing the faulty product, or if this proves impossible or disproportionate, by reducing the product’s price to due proportion. In the event of restitution and refund of the Product, “splendid miss” may take into account the use that the Customer of the Product may have made since the date of delivery.
2- The spare parts or spare parts of the new or used products sold as new by “splendid miss” are directly available from the manufacturers and for the duration specified in the “product sheet” corresponding to the date of formation of the sales contract under Article 3 of these General Terms of Sale.
ARTICLE 11 - ANNULATION OF THE COMMANDE BY mademoiselle-Splendid
“Mademoiselle-splendide” reserves the right to cancel any incorrect order or fail to meet the conditions set out in the General Conditions, in particular if:
the Customer has not proceeded with an Account Creation in accordance with the Order Pass;
the Customer turns out to be insolvent (unhonored payment within fifteen (15) days from the Order Passing ;
the Customer indicated incorrect or incomplete information in the Order Form;
the Customer has a dispute with “Splendid Miss” concerning the settlement of an earlier Order or concerning a purchase in accordance with the General Conditions of Purchase.
the Customer indicated incorrect or incomplete information in the Order Form;
the Product is not available after the Order Passing. In this case, "splendid miss" will inform the Customer by e-mail and cancel the Order and no flow in principle will be made; and if, however, a debit was made by mistake in the absence of a delivery, a full refund will be made.
ARTICLE 12 - TRANSFER OF PROPRIET AND TRANSFER OF RISK
The product delivered and billed to the Customer remains the property of “splendid miss” until the full payment of its price by the Customer, including shipping costs.
The Product passes to the Customer’s risks from the time it is deemed to be delivered as stated in Article 8 of these Terms and Conditions.
ARTICLE 13 - RESPONSIBILITY - LIMITES AND EXCLUSIONS OF GARANTIA
Subject to mandatory statutory provisions, the liability of “splendid miss” is strictly limited to the obligations set out in these conditions or, where applicable, to express conditions and may only be incurred in the event of a lack of proven default on its part to its essential or default or non-compliance obligations of which a Product sold via the Website is originally.
In addition, the legal and contractual guarantees referred to in these General Conditions exclude damage resulting from misuse or impairment of the Products sold, damage resulting from a lack of care or maintenance in accordance with the technical instructions and specifications, damage of external origin, damage resulting from non-conform or inappropriate use of the Products, damage resulting from the intervention on a Non-Gendered Repair Product. "Mademoiselle-splendide" cannot be held responsible for any loss or alteration of data or programs present on Products or materials or accessories of any kind owned by the Customers. Any unauthorized modification or mechanical, electronic, electrical or other transformation made to the Products or its connection devices by the Customer or any third party similarly excludes the warranty and liability of "splendid miss".
As part of the implementation of its warranty, "splendid miss" only undertakes to ensure the replacement of the Product (standard exchange) in the event of default making it totally or essentially unusable or the replacement of the defective parts or parts.
In the case of new products, in the event of bankruptcy, lack of diligence or failure to respond or inability to provide or repair the manufacturer, the Customer shall not return to “splendid miss”, which shall not assume any liability for the defect of the products of that manufacturer, subject to the mandatory legal provisions and guarantees provided in these General Conditions of Sale.
"Mademoiselle-splendide" may also be held responsible for minor errors in the Product Sheets or for the illustrations of the Products on the Website, "Mademoiselle-splendide" guaranteeing only the conformity of the Product sold to the essential characteristics contained in this Product Sheet.
In any case, the liability of “splendid miss” under the Contract is limited to the repair of the direct and proven damage suffered by the Customer, excluding any indirect and/or intangible damage such as loss of operation, a chance, loss of image, loss of contract, loss of data, etc. and is capped in its amount at the purchase price of the Product at the date of the Order’s Passation, excluding any other repairs, except the cases provided by the French law and jurisprudence where such a limitation of repair is by unenforceable exception.
ARTICLE 14 - ACCEPTATION OF GENERAL CONDITIONS
The Passing of a Order by the Customer implies and leads to the acceptance of these General Terms and Conditions of Sale in full and without reservation.
ARTICLE 15 - SERVICES
The Customer must log in to his Account and contact the Customer Service for the follow-up of the Order, the formalities prior to the exercise of the right of withdrawal or to bring to the attention of “Mademoiselle-splendide” a claim under the conditions set out in these General Conditions. Upon notification to the customer service, the Customer must indicate the Order Number and the subject matter of the request or claim. These claims or claims are processed within a reasonable time frame.
The Customer can also contact the customer service by email at the following address: contact@mademoiselle-splendide.com
ARTICLE 16 - OTHER
Notifications must be sent to the other Party in writing, i.e. by e-mail with acknowledgement of receipt in the cases provided for in these General Conditions or required by law.
The titles in these General Conditions are purely indicative and their wording cannot influence the interpretation of the provisions to which they relate.
The fact that “splendid miss” does not require the strict application of any clause of these Terms and Conditions will in no way be considered a waiver to use it in the future.
These General Terms and Conditions of Sale are an integral part of the formation of a Sales Agreement, which implies the acceptance by the Customer of these General Conditions, which apply in full and exclusive manner to the relations between "splendid miss" and the Customer for any operation covered by their object. These General Conditions exclude the application of any other written or oral documents, correspondence or exchanges from Parties, regardless of the terms and dates of communication.
The data recorded by “splendid miss” on the Website is proof of all transactions between the Parties, unless expressly agreed otherwise.
"Mademoiselle-splendide" reserves the right to modify or update these Terms and Conditions of Sale at any time and without notice. This update will, however, be subject to notice or apparent information on the Website to the Customers of “Mademoiselle-splendide”. In the event of an amendment, the General Terms and Conditions applicable to the contractual relationship between the Parties shall be those in effect on the date and time of the Passing of the Order by the Customer.
The language of the General Terms and Conditions of Sale and the Contract is exclusively the French language, excluding any other language.
ARTICLE 17 - APPLICABLE LAW AND DISPUTES
These General Conditions are subject exclusively to French law, with the express exclusion of the 1980 Vienna Convention on the International Sale of Goods.
In the event of a dispute of any kind between the Parties or of a claim raised by one of the Parties in respect of, inter alia, the performance, training or interpretation of these General Conditions, the Contract and their respective obligations, the Parties undertake to negotiate with each other in good faith before any trial, with a view to attempting to arrive at a friendly settlement for a minimum period of thirty (30) days from the receipt of the notification addressed by the Party.
In the event of a dispute between "splendid miss" and an exceptionally international client, the French courts will be the only competent ones, including in the case of a plurality of defendants, a guarantee appeal or an application procedure.
For Customers with merchant status, exclusive jurisdiction in the event of a dispute is assigned to the Paris Commercial Court.
ANNEX I
ARTICLES FOR CLIENTS ON THE CONSUMER STATUS
Article L211-4 of the Consumer Code The seller is required to deliver a property in accordance with the contract and responds to existing compliance defects at issue.
It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility.
Article L. 211-5 of the Consumer Code To comply with the contract, the property shall:
1° be specific to the usual use of a similar property and, if applicable:
- correspond to the description given by the seller and possess the qualities it has presented to the buyer in the form of a sample or model
- to present the qualities that a buyer can legitimately wait with regard to public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling ;
2° Or to present the characteristics defined by mutual agreement by the parties or to be specific to any special use sought by the buyer, brought to the attention of the seller and that the seller accepted.
Article 1641 of the Civil Code. The seller is bound by the warranty because of the hidden defects of the thing sold that make it unfit for the use to which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given it only a lesser price if he had known them.
Article 1648, paragraph 1 of the Civil Code. The action resulting from redhibitral defects must be brought by the purchaser within two years from the discovery of the vice.