The purpose of these general conditions of sale is to define, exclusively, due to the relationships they establish on the Internet, the rights and obligations of the parties arising from the online sale of the products offered on the site.
They regulate all the steps necessary for placing the order and ensure the monitoring of this order between the parties.
These apply, in their version in force on the site on the date the order is placed by the buyer, to the exclusion of any other document.
The products offered for sale by MII are those which appear on the site, on the day the user consults the site and while stocks last.
In the event of unavailability of one of the products, the buyer will be informed as quickly as possible and will be reimbursed as soon as possible.
Photographs and texts illustrating the products do not fall within the contractual scope. If these photographs and/or texts were erroneous, MII cannot be held responsible for this.
The prices of the products appear on the site and are accessible from the “E SHOP” section. The prices of the products are indicated in euros all taxes included (TTC) and include handling and packaging costs (EXW price). Prices are indicated excluding delivery costs, excluding transport costs and excluding customs fees or possible taxes.
Shipping costs are indicated in euros, all taxes included (TTC) and are mentioned at the end of placing the order.
The amount of shipping costs depends on the customer's choice of delivery method made when placing their order and the country of delivery, as indicated when creating your account.
Delivery is free in mainland France from 250€ including VAT of purchase. The total amount owed by the customer appears on the order confirmation page.
The selling price of the products is that in effect on the day of the order. In the event of a price promotion, our company undertakes to apply the promotional price to any order placed during the duration of the promotion. Our company reserves the right to change the price of products at any time. However, the products will be invoiced on the basis of the prices in effect on the day of the customer's order.
If the user wishes to place an order, he will choose the different products in which he is interested, and will express said interest by clicking on the purchase button.
At any time, the user can:
- Obtain a summary of the products he has selected, by clicking on the basket;
- Continue or modify your product selection by returning to the catalog;
- Complete your product selection and order these products by clicking on “order”.
To order the Products they have chosen, after having validated their basket, each user must identify themselves:
- By entering their email address as well as the password they have previously chosen, if they already have an MII user account. The user is informed and accepts that entering these two identifiers constitutes proof of his identity and demonstrates his consent to the order.
- Otherwise, by entering their email address and accurately completing the form made available to them, on which they will include the information necessary for their identification and delivery of their order (in particular their last name, first name , postal address, telephone number). In this last scenario, the user will have the choice of creating a user account (by entering a password of their choice which will be personal and confidential and which they will need to identify themselves later on the site), or to go through their order as a guest, without creating a user account, it being specified in this case that the user's personal data will not be recorded by MII, and that they will be able to follow the progress of their order only using the link tracking content contained in the shipping confirmation email sent to their email address.
Once the user is identified, he or she must enter or validate the delivery address (as specified in article 4 below) then an order form will appear on the screen, summarizing: the nature, quantity and price of the items. Products retained by the User, as well as the total amount of the order, shipping costs, the User's contact details, the delivery address of the Products.
4.1/ COMMERCIAL OFFERS
To benefit from a commercial offer sent to them by mail or e-mail, or available directly from their user account, or relating to the product(s) appearing in their basket, the user must enter and validate its “promotional code”, in the field provided, on the shopping cart page of the site.
4.2/ FINAL VALIDATION OF THE ORDER
After knowing the status of their order, and once all of the requested information has been completed by the user, a summary of this information and the order will appear.
After reading this summary, and before payment, the user will read these general conditions of sale, which they will attest to by checking the box provided for this purpose. To access the secure payment site, the user must click on the type of card with which they wish to make their payment to definitively confirm their order. The user must then transmit their bank card number, depending on the type of card, the card's expiration date as well as the visual cryptogram.
The server of the secure payment platform is secured by SSL (Secure Socket Layer) encryption in order to protect as effectively as possible all data linked to means of payment, and at no time the banking data of the The user will not pass through the MII computer system. Its responsibility is therefore released.
As soon as he validates his payment, the order is recorded and becomes irrevocable. The user becomes a buyer. The purchase order will be recorded in MII's computer records, themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the parties.
In accordance with article 5. below, the buyer has a right of withdrawal and refund, for a period of fifteen (15) working days from the date of receipt of the products by the buyer.
4.3/ ORDER CONFIRMATION
A summary of the order will be displayed once the order has been validated. This confirmation will include all the constituent elements of the contract entered into between the parties.
A document summarizing all of these elements, serving as acknowledgment of receipt, will also be sent to the buyer by email to the email address indicated by the latter. This document will contain the tracking link for the order allowing it to follow its progress.
The buyer having placed an order through the creation of a user account, will also be able to access the "tracking of their order", as well as all of their data, by clicking on "your account" and in identifying himself by his e-mail address and password.
The buyer can give gifts to their friends through the site. The ordering procedure is the same as that followed for making personal purchases. The MII site allows the buyer to send a personalized message to the recipient of the gift. This message will appear on the document that accompanies the goods upon delivery.
MII guarantees that the price of the item offered will not appear on the document which accompanies the goods upon delivery. The recipient of the gift will also benefit from all the guarantees stipulated in article 6 below.
MII will make its best efforts to ensure that the order is prepared and delivered to the carrier within an average time of one (1) to five (5) working days from the day following that of the buyer's validation of their order.
Deliveries are ensured by the different carriers offered at the stage of choosing the delivery method and from Monday to Saturday, depending on the option chosen by the customer when validating their order.
Delivery means the transfer to the customer of physical possession of the products (the “delivery”). The delivery costs applicable to the order are those mentioned on the site at the time of the order in the “delivery and returns” section. The risk of loss or deterioration of the product passes to the customer at the time of delivery. Delivery is made to the delivery address indicated by the customer, it being specified that this must be the residential address of the customer, of a natural person of his choice or of a legal entity (delivery to his company ). Delivery cannot be made to hotels or post office boxes.
If it is impossible to make delivery, due to an incorrect delivery address or the absence of collection by the customer of his order from the selected collection point, no reshipment can be carried out and the customer will be reimbursed within a period of fourteen (14) days from receipt of the order by MII.
MII delivers orders within a maximum period of principle of twelve (12) working days for delivery in mainland France and twenty (20) working days for international delivery, this period being counted from the first working day after validation of the command.
In order for these deadlines to be respected, the customer must ensure that they have communicated accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes , surnames/first names and/or intercom numbers, etc.).
MII cannot be held responsible for delays in delivery which are not its fault or justified by a case of force majeure (as defined below).
If the delivery time is exceeded, the customer may request the cancellation of the sale and obtain, within a maximum of fourteen (14) days of his request to this effect, the reimbursement of the sums paid at the time of the order. Notwithstanding the above, MII cannot be held responsible for the damaging consequences resulting from a delivery delay, only reimbursement of the product by MII being possible to the exclusion of any other form of compensation.
Unless there is a legitimate reason, any complaint not brought to the attention of MII within 21 days of receipt of the products will be considered inadmissible, and MII cannot be held liable.
MII reserves the right to ask the buyer to return the non-compliant or damaged product. In the event of abnormal or abusive returns, MII reserves the right to refuse to honor a subsequent order.
Any order placed on the site and delivered outside France may be subject to possible taxes and/or customs duties which are payable when the package reaches its destination. These possible customs duties and taxes linked to the delivery of a product are the responsibility of the customer and are their responsibility. MII is not required to verify and inform the customer of customs duties and taxes applicable in the country of destination. To find out about them, MII advises the customer to contact the competent authorities in their country.
6/ RIGHT OF WITHDRAWAL
In application of article L221-18 et seq. of the Consumer Code, the buyer has a period of fourteen (14) working days from the day of receipt of the product(s) to exercise his right of withdrawal, without having to provide any reason.
The buyer notifies his decision to withdraw by means of an unambiguous declaration sent by e-mail to firstname.lastname@example.org or by simple post to the following address:
MII COLLECTION, Return service, 20 rue Henry de Monfreid, 2nd floor, 29200 BREST, France.
MII will send him by email, without delay, an acknowledgment of receipt of the withdrawal.
The buyer must return the product(s), at his/her expense (except for deliveries in mainland France, for which he/she can download a prepaid return slip), in its/their packaging and its/their original packaging, and in new condition (unworn, unwashed, label and composition sticker intact), to the following address:
MII COLLECTION , Return service , 20 rue Henry de Monfreid, 2nd floor , 29200 BREST, France.
without undue delay, and in any event, no later than fourteen (14) days after having communicated its decision to withdraw.
The buyer bears all risks of this shipment, MII will not be responsible in the event of loss, theft or delay of the returned product. The burden of proof rests on the buyer.
The buyer cannot be held responsible for the depreciation of the goods resulting from the manipulations necessary to ensure the conformity of the product(s) with his expectations.
If the aforementioned conditions are met and once the products have been received back, MII will reimburse the buyer for all sums paid by him, except for delivery costs, without undue delay and, in any event, at the latest fourteen (14) working days from the day on which the buyer's decision to withdraw is brought to the attention of MII.
MII makes the reimbursement using the same means of payment as that which was used to pay for the order, unless the customer expressly agrees that it uses another means of payment and to the extent that the reimbursement does not cause costs for the consumer.
If the customer fails to comply with these General Terms and Conditions, MII will not be able to reimburse the products concerned.
7/ – GUARANTEES
All our products benefit from the legal guarantee of conformity provided for in articles L.217-4 et seq. of the Consumer Code, and the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code, provided that use in was normal and the maintenance advice was followed.
7.1/ GUARANTEE OF CONFORMITY
- Benefits from a period of two years from the delivery of the product to take action;
- Can choose between repair or replacement of the product, subject to the cost conditions provided for by article L 217-9 of the Consumer Code;
- Is exempt from providing proof of the existence of the lack of conformity of the product during the twenty-four months following delivery of the product;
The buyer benefits from this guarantee by informing MII of the lack of conformity by e-mail to email@example.com or by simple mail to the following address:
MII COLLECTION , 20 rue Henry de Monfreid, 2nd floor , 29200 BREST, France.
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
7.2/ GUARANTEE FOR HIDDEN DEFECTS
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code .
Under these guarantees, the seller undertakes, at the customer's choice, to reimburse or exchange defective products or products that do not correspond to their order.
Irregularities on the printed matter of the products cannot constitute a lack of conformity or hidden defects, insofar as they are inherent to the artisanal techniques of manufacturing the products.
8.3/ TAKEN INTO ACCOUNT OF THE BUYER’S REQUEST
When returning due to a defect, the buyer must formulate, within 14 working days from the day of receipt of the product, and write very precisely, on the “return slip”, any anomalies observed ( defective product).
If the aforementioned conditions are met, MII will then, at the buyer's request, exchange or refund the product, provided that it is returned in its original packaging and accompanied by the return slip. duly completed to the following address:
MII COLLECTION , Return service , 20 rue Henry de Monfreid, 2nd floor , 29200 BREST, France.
Payment will be made, unless the server is unavailable, immediately on the Internet, by payment card issued in France or by payment card issued abroad by Carte Bleue Visa, Eurocard/Mastercard and American Express, in euros.
In any event, MII reserves the right to refuse any order or delivery in the event of:
- Exceeding the ceilings indicated in the preamble hereto,
- Existing dispute with the buyer,
- Total or partial non-payment of a previous order by the buyer,
- Refusal of authorization for payment by bank card from banking organizations,
- Non-payment or partial payment.
MII cannot be held liable under any circumstances.
In order to ensure the security of payments, the site www.miicollection.com uses secure payment services. MII will never be in possession of its customers' bank details.
The seller notably offers its customers the Alma credit service for the settlement of their purchases and the execution of the payment. This is conditional on the customer's acceptance of the T&Cs or the credit contract proposed by Alma:
- Any refusal to grant credit by Alma for an order may result in its cancellation.
- Any termination of the T&Cs which bind the customer and the seller results in the termination of the T&Cs or the credit contract between Alma and the customer.
Our partner Alma offers payment in three or four installments free of charge. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure. Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the civil code.
Any termination of the T&Cs which bind the seller and the customer, results in the termination of the T&Cs between Alma and the customer.
The MII site only has an obligation of means for all stages of access to the site, the ordering process, delivery or subsequent services. The site cannot be held responsible for any inconveniences or damages inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
10/ FORCE MAJEURE
MII will not be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure, recognized as such by case law.
The parties agree that they must consult as soon as possible in order to jointly determine the terms of execution of the order during the duration of the force majeure event.
Beyond a period of one (1) month of interruption due to force majeure, the parties will be released from their obligations towards each other.
11/ PARTIAL INVALIDITY
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their strength and scope.
12/ ENTIRE CONTRACT
These general conditions of sale and the order summary sent to the buyer form a contractual whole and constitute the entirety of the contractual relations between the parties. In the event of a contradiction between these documents, the general conditions of sale will prevail.
13/ APPLICABLE LAW - COMPETENT JURISDICTIONS
These general conditions of sale and the contractual relations between MII and the buyer are subject to French law. In the event of a dispute, exclusive jurisdiction is assigned to the competent French court of the MII company's choice and it undertakes, however, to seek an amicable solution before any legal action.
However, in accordance with articles L.612-1 et seq. of the Consumer Code, the buyer may contact a consumer mediator, with a view to amicably resolving a dispute. Before using said mediation service, the buyer must have contacted MII customer service to try to resolve the dispute by email at the following address: firstname.lastname@example.org or by simple mail at the following address:
MII COLLECTION , Return service , 20 rue Henry de Monfreid, 2nd floor , 29200 BREST, France.