General Conditions of Sale
Preamble
The Seller Fernandes Mikaël whose SIRET number is 90055526900027. Orders placed on the website www.mikwellness.com are subject to these general conditions of sale.
The Seller ensures in particular the marketing of the aforementioned goods and/or services through the site www.mikwellness.com The list of goods and services offered for sale online by the Seller can be consulted on the site available at www.mikwellness.com
The Seller reserves the right to modify these general terms and conditions of sale at any time by publishing a new version on the Site. The general terms and conditions of sale are those in effect on the date the order is validated.
The user of the website agrees that the photos of the Goods for sale on the website www.mikwellness.com have no contractual value.
Article 1: Definitions
The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution of these presents:
“Article”: the Good(s) which were the subject of the Order;
“Goods”: any product offered for sale on the Site;
“Order”: request for Goods or Services made by the Customer to the Seller;
“General Conditions of Sale”: the general conditions of sale which are the subject of this document;
“Delivery”: shipment of the Item to the Customer;
“Delivery Method”: means any standard delivery method available on the Site at the time of the Order;
“Price”: the unit value of a Good or Service; this value is inclusive of all taxes and exclusive of Delivery Charges;
“Total Price”: the total amount of the cumulative Prices of the Goods and Services which are the subject of the Order; this amount is inclusive of all taxes;
“All-Inclusive Price”: the Total Price to which is added the price of the Delivery Charges; this amount includes all taxes;
“Service”: any service offered for sale on the Site;
“Site”: online sales site www.mikwellness.com used by the Seller for the marketing of its Goods/Services;
“Online Sale”: marketing of the Seller’s Goods and Services via the Site;
Article 2: Purpose
The purpose of this Contract is to define the rights and obligations of the Parties in the context of the Online Sale of Goods and Services offered for sale by the Seller to the Customer.
Article 3: Scope of application
These General Conditions of Sale are reserved for consumers only, as defined by law and case law, acting exclusively on their own behalf and domiciled in Metropolitan France (including Corsica) and in Europe.
In accordance with Articles L. 111-1 and L. 111-4 of the Consumer Code, the essential characteristics and prices of Goods and Services sold electronically are available on the Site.
Furthermore, the Customer receives the information provided for in Articles L. 122-1 and L. 221-11 of the Consumer Code, prior to and after the conclusion of the sale and in particular by means of these General Conditions of Sale.
These General Conditions of Sale are applicable to all sales of Goods and Services by the Seller made through the French version of the Site www.mikwellness.com .
The Customer declares to have read these General Conditions of Sale before Validating the Order within the meaning of Article 4. Validating the Order therefore constitutes acceptance without restriction or reservation of these General Conditions of Sale. These General Conditions of Sale are applicable to Orders made for Delivery in Metropolitan France (including Corsica) as well as in Europe.
Article 4: Ordering Goods and Services and Stages of Conclusion of the Online Sale
In order to complete the Order, the Customer must follow the following steps:
1. Enter the Site address;
2. Follow the instructions on the Site and in particular, the instructions necessary for opening a customer account;
3. Complete the order form. In the event of prolonged inactivity while logging in, the selection of Goods and Services chosen by the Customer prior to this inactivity may no longer be guaranteed. The Customer is then invited to restart their selection of Goods and Services from the beginning;
4. Check the elements of the Order and, if necessary, identify and correct errors;
5. Validate the Order, the Total Price and the All-Inclusive Price (the “Order Validation”);
6. Follow the instructions of the online payment server to pay the All-Inclusive Price.
The Customer then receives electronically and without delay a confirmation of acceptance of payment of the Order.
The Customer also receives electronically and without delay an acknowledgment of receipt confirming the Order (the "Order Confirmation").
The Customer receives electronic confirmation of the dispatch of the Order.
Delivery will take place at the delivery address indicated by the Customer when placing the Order. When carrying out the various stages of the Order mentioned above, the Customer undertakes to comply with these contractual conditions pursuant to Article 1366 of the Civil Code.
The Seller undertakes to fulfill the Order only within the limits of available stocks of the Goods. In the event of unavailability of the Goods, the Seller undertakes to inform the Customer.
However, in accordance with Article L. 122-1 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, made in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.
Article 5: Price of Goods and Services and Conditions of Validity
The Price of the Goods and Services sold on the Site is indicated respectively by item and reference or by service and reference.
At the time of Order Validation, the price to be paid is understood to be the All-Inclusive Price.
Connection costs inherent to accessing the Site remain the exclusive responsibility of the Client.
The validity period of offers and prices is determined by the updating of the Site.
Article 6: Payment Conditions
Payment of the All-Inclusive Price by the Customer is made via one of the following payment methods: bank card, PayPal.
The transaction is immediately debited from the Customer's bank card after verification of the card details.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing their bank card information, the Customer authorizes the Seller to debit their bank card with the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer provides the sixteen digits and the expiry date of his bank card as well as, where applicable, the numbers of the visual cryptogram.
In the event that the debit of the All-Inclusive Price is impossible, the Online Sale will be immediately terminated automatically and the Order will be cancelled.
The Seller implements all means to ensure the confidentiality and security of data transmitted on the Site www.mikwellness.com
Article 7: Delivery of the Order
7.1. Delivery Method
The Customer chooses one of the Delivery Methods offered on the Site when placing the Order.
7.2. Delivery Address
The Customer chooses a Delivery address in the country of their choice, failing which the Order will be refused. The Customer is solely responsible for any failure to deliver due to a lack of information when placing the Order.
7.3. Amount of Delivery Charges
The amount of the Delivery Charges depends on the weight of the Order and the country of delivery chosen by the Customer. In any case, the amount of the Delivery Charges is indicated to the Customer before the Order is confirmed.
7.4. Delivery Times
Delivery Times are available on the Site and may vary depending on the availability of the Goods that were the subject of the Order.
Delivery times are expressed in working days and correspond to the average time taken to prepare and deliver the Order within the Territory. They are in no way mandatory.
Delivery Times run from the date of Confirmation of the Order by the Seller.
7.5. Delay in Delivery
In the event of a delay in Delivery, the Order is not cancelled.
The Seller shall inform the Customer by email that the Delivery will be delayed. The Customer may then decide to cancel the Order and shall send the Seller an email notice of cancellation of the Order.
If the Order has not yet been shipped when the Seller receives the Customer's cancellation notice, Delivery is blocked and the Customer is reimbursed for any amounts debited within fourteen days of receiving the cancellation notice. If the Order has already been shipped when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller will then reimburse the amounts debited within fourteen days of receiving the return of the refused package, complete and in its original condition.
7.6. Delivery Tracking
The Customer can follow the progress of the processing of the Order in the space reserved for this purpose on the Site.
7.7. Verification of the Order upon arrival
The Customer is required to check the condition of the packaging and the Items upon Delivery.
It is the Customer's responsibility to make any reservations and complaints he deems necessary, or even to refuse the package, when the package is clearly damaged upon Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, excluding public holidays, following the date of Delivery of the Goods.
The Customer must also send a copy of this letter to the Seller. Failure to make a claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code. The Customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-conformity of the Goods in nature or quality with the specifications mentioned in the Delivery note, the Customer must inform MyElobeauty by email and return the Goods to the address indicated in the conditions of Article 9.
Article 8: Right of withdrawal
The Customer has a right of withdrawal which he can exercise within fourteen calendar days following the date of receipt or collection of the Order. In the event that this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
The Customer who wishes to exercise his right of withdrawal must return the Items within the aforementioned period, in their original packaging, complete and new. The return costs are the responsibility of the Customer.
Article 9: Guarantee
All products offered by the company Mikwellness on the website www.mikwellness.fr benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code.
In the event of non-compliance, the buyer may exercise these guarantees by sending his request to:
Mikwellness, 101 RUE CHARLES VAILLANT 77144, CHALIFERT
When the Buyer acts under the legal guarantee of conformity, he:
- will benefit from a period of two years from delivery of the goods to act;
- may choose between repair or replacement of the goods subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- will be exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods.
The Buyer may also decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between termination of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Article 10: Intellectual Property Rights
The Seller's Mikwellness brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing whether registered or not, are and will remain the exclusive property of the Seller.
Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo.
Article 11: Data Confidentiality
This personal data is intended for the company Mikwellness, and cannot be transferred or rented to third parties without the express prior consent of the Client.
Mikwellness collects the following strictly necessary information for the purpose of contract execution:
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Civility,
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Name,
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First name,
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Delivery address,
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Billing address,
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Email address,
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Phone number.
The Client has the right to access, rectify, erase and transfer all of his or her personal data and also has the right to limit the processing of his or her data as well as the right to object to their processing. He or she may exercise his or her rights by sending an email or postal letter containing all the supporting documents relating to his or her status (RCS/Trades Directory and identity card) to the attention of the data controller: Mikwellness
11.2 Cookies
Café au lait uses data collection systems such as cookies to improve the Customer's ordering process.
A cookie is a computer file stored on the hard drive of the user's computer.
Cookies are used to signal a previous visit by the user to the site and to link the Customer to their personal data left on the site, particularly in the context of identifying the order basket.
Article 12: Force Majeure
The Seller's performance of its obligations under this Contract shall be suspended in the event of the occurrence of a fortuitous event or force majeure which hinders or delays its performance.
The Seller shall notify the Customer of the occurrence of such an act of God or force majeure within 7 days from the date of occurrence of the event.
When the suspension of the execution of the Seller's obligations continues for a period exceeding 30 days, the Customer has the option of terminating the current Order and the Seller will then proceed to reimburse the Order under the conditions referred to in Article 7.
Article 13: Complaints and amicable settlement of disputes
Under Article L. 612-1 of the Consumer Code, "Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional."
Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are those defined in Article L. 611-1 of the French Consumer Code, namely disputes of a contractual nature, relating to the execution of a contract of sale or provision of services, between a consumer and a professional. The text covers national and cross-border disputes.
For any difficulties, we invite you to contact us beforehand or to contact our after-sales service:
Only complaints relating to the Online Sale of Items will be taken into account.
Cross-border disputes:
European Consumer Centre France:
europe-consommateurs.eu
You may, at your own expense, be assisted by counsel.
Article 14 Applicable law
This Agreement shall be governed by French law.
Article 15 Attribution of jurisdiction
Any dispute arising from the formation, interpretation or execution of this Contract shall be under the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, notwithstanding multiple defendants or third-party claims.