The present conditions of sale are concluded on the one hand by the company Miracles, etc… with a capital of 45,000 euros whose social headquarters is at 1, rue Scudery 13007 Marseille, registered at the Paris Trade and Companies Register under the number 539455253 RCS Paris which owns the Carré d’Amour brand and who manages the merchant website, hereafter known as “the seller”, and on the other hand by any physical persons wishing to make a purchase via the online merchant site of the seller, hereafter known as “the buyer”.
The present conditions of sale aim to define the contractual relations between the seller and the buyer and the terms applicable to each purchase made on the online merchant site of Miracles etc… for Carré d’Amour, the seller. The acquisition of a product or good by the intermediary of the online merchant site of Miracles etc… for Carré d’Amour implies an unreserved acceptance by the buyer of the present conditions of sale. These conditions of sale prevail over all other conditions. The seller reserves the right to modify these conditions of sale at any time. In this case, the conditions applicable will be those in effect at the date of the order by the buyer.
Characteristics of the proposed goods
The products offered for sale are offered in the limit of the available stocks. Each product is accompanied by a description as accurate and sincere as possible and by an illustration or a photograph or an artistic reproduction, which is non contractual since the display conditions of the colors can vary depending on the type of device used by the buyer to view the illustration of the product.
The prices of the products displayed on the online merchant site of the seller are the prices inclusive of all taxes in euro and which take into account the VAT and other European taxes potentially applicable on the day of the order. The displayed sale prices are modifiable at any time by the seller. Changes in VAT rates and any applicable European taxes may cause price modifications, given that the prices appearing on the online merchant site at the day and hour of the order will be the only ones applied to the buyer.
The customs duties and the other taxes applicable to products ordered and delivered outside of the European Union are the business of the buyer who is the only party responsible for their payment.
The price indicated for the products does not include transport and delivery fees, which vary depending on the mode of transport and the delivery chosen by the buyer and possibly the geographic zone of the delivery. These fees are indicated separately.
The online sale of the products and services presented on the online merchant site of Miracles etc… for Carré d’Amour is intended for buyers who reside in France, in the Overseas Departments and Territories, or any part of the European Union and for delivery requested in these geographic zones. Any order for delivery outside of these geographic zones is the responsibility of the buyer who must ensure the legality and the conformity of the order according to the laws and regulations in effect in their geographic region of delivery. The acceptance of an order and the execution of delivery outside of these geographic zones are not guaranteed.
The buyer wishing to buy a product accepts the conditions of payment by credit card required by Miracles, etc… for Carré d’Amour, is obliged to give all identification details required in the ordering area of the online merchant site of Miracles, etc… for Carré d’Amour, and is obliged to fill in completely and correctly the online order, precisely indicating all the references and all the quantities of the chosen products, then must accept the present general conditions of sale, then must choose a mode of transport and delivery, then must verify the order summary, then must validate it, then must make the payment and finally must record the order confirmation. All details and the recorded confirmation will be considered the proof of transaction. The confirmation will be considered the signature and the acceptance of all operations carried out. The seller will communicate the confirmation of the recorded order and payment by electronic mail as soon as possible.
The online merchant site of Miracles etc… for Carré d’Amour takes into account each order for a maximum of products, a maximum fixed according to the guarantees provided by the transport and delivery service providers. No claim can be made regarding this maximum unit order amount.
French consumer protection laws stipulate that the buyers, physical persons, benefit from a retraction period of fourteen (14) days from the delivery of their order, to return a product to the seller for exchange or reimbursement without penalty, with the exception of the return costs. Any returned product will be in perfect condition, in the original packaging or equivalent packaging, guaranteeing its integrity during transportation. Any product lost during the return transport, or any product returned to Miracles etc… for Carré d’Amour used, damaged, degraded, washed, wrinkled, stained, ripped, broken, burned, dented or significantly damaged will not be reimbursed.
Forms of Payment
The payment for the product by the buyer is part of the order for delivery. In the absence of a payment confirmation by the buyer’s established bank, the order and delivery will be suspended, without possible prejudice or claim from the buyer. The only form of payment accepted on the online merchant site of Miracles etc… for Carré d’Amour is payment by credit card made using the Secure Socket Layer (SSL) protocol in such way that the given information is encrypted by a data protection software. The buyer’s bank account is debited during the order, so it is the buyer’s responsibility to ensure that his or her bank account authorizes the transaction with the online merchant site of Miracles etc… for Carré d’Amour.
Deliveries are made to the address indicated on the order form. In case of damage during transport, the reasoned declaration must be made to the carrier and deliverer within three days of the delivery, as well as to Miracles etc… for Carré d’Amour for a quick processing of a new delivery. The delivery periods are only given as an indication by Miracles etc… for Carré d’Amour, according to the offers published by the carrier on the day of order. However, if the delivery period exceeds thirty days from the date of the order, either party may cancel the sale contract and the buyer will be completely reimbursed as soon as possible.
All of the products supplied by the seller benefit from the legal guarantee stipulated in the articles 1641 and in following of the Civil Code. In case of non-conformity of a sold product, it may be returned to the seller who will take it back, exchange it or reimburse it according to the wishes of the seller. All claims, requests for exchange or reimbursement must be made on the online merchant site of Miracles etc… for Carré d’Amour within 30 (thirty) days of the effected delivery.
The seller, in the process of the online sale, is only bound by an obligation of due care. His or her liability may not be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, rupture of the service, or other unintentional problems.
All elements of the online merchant site of Miracles etc… for Carré d’Amour are and remain the intellectual and exclusive property of Miracles etc… for Carré d’Amour. This protection is guaranteed by the laws of the European Union. No person is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, any elements of the site whether software, visual, or sound. Any simple or hypertext link is strictly prohibited without the express written agreement of Miracles etc… for Carré d’Amour. In particular, the partial or total reproduction of an original artistic creation or of an original artistic motif of one of the products of Miracles etc… for Carré d’Amour, would constitute a serious violation of the intellectual property rights of Miracles etc… for Carré d’Amour and the rights of the artists and creators that the seller represents, and would be subject to immediate criminal prosecution for infringement and for theft of intellectual property.
In accordance with the law relating to data processing, files and freedoms of January 6 1978, personal data relating to buyers may be processed automatically. In this context, Miracles etc… for Carré d’Amour reserves the right to collect information about buyers including by using cookies or software or software elements designed to help the communications and transactions between the online merchant site and the buyers. However, Miracles etc… for Carré d’Amour neither transmits nor sells nor lends any of this data to third parties, partners, or any organization based outside of the European Union.
Buyers may request a copy of their contact information, as they have a right of access to and correction of the data concerning them, in accordance with the law of January 6 1978. The automated processing of information, including the management of email addresses of users of the site, was declared to the CNIL on November 24 2014, registered under the number 1813398v0.
Storage and Proof
In accordance with laws and customs, Miracles etc… for Carré d’Amour will keep ordering and invoicing elements on a reliable and durable medium for archiving for at least one year after the delivery of the products, constituting a true copy in accordance with the provisions of the article 1348 of the Civil Code. The parties will consider the computerized records of Miracles etc… for Carré d’Amour as proof of communication, orders, payments and transactions between the two parties.
The liability of Miracles etc… for Carré d’Amour cannot be implemented if the non-execution or the delay in the execution of one of its described obligations in the present general conditions of sale arises from a case of force majeure. As such, force majeure includes any exterior event, unforeseeable and irresistible in the sense of article 1148 of the Civil Code and in the same way, in case of the interruption of the function of the Internet or electronic communication networks of the established banks involved in the transaction, or the interruption in case of force majeure of delivery services of the selected service providers. In the event of a proven force majeure situation, Miracles etc… for Carré d’Amour commits to reimburse the buyer as soon as possible.
The present conditions of online sale are subject to the French law. In case of dispute, competence is attributed to competent courts of Paris.
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