CGV
1/ OBJECT
The purpose of these general terms and conditions of sale is to define, exclusively, by reason of the relationships they establish on the Internet network, 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 terms and conditions 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.
2/ PRODUCTS
The products offered for sale by MII are those which appear on the site, on the day the user consults the site and within the limit of available stocks.
In the event of unavailability of one of the products, the buyer will be informed as soon as possible and will be reimbursed as soon as possible.
The photographs and texts illustrating the products do not form part of the contractual scope. If these photographs and/or texts are incorrect, MII cannot be held liable for this.
3/ PRICE
The prices of the products are listed on the site and are accessible from the "E SHOP" section. The prices of the products are indicated in euros including all taxes (TTC) and include handling and packaging costs (EXW price). The prices are indicated excluding delivery costs, excluding transport costs and excluding any customs fees or taxes.
Shipping costs are indicated in euros including all taxes (TTC) and are mentioned at the end of the order process.
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 metropolitan France for purchases over €350 including tax. The total amount owed by the customer is shown on the order confirmation page.
The sale price of the products is the one 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 modify the price of the 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.
Items that are the subject of commercial offers (private sales, archive sales) cannot benefit from free returns. Return costs will be deducted from the refund.
4/ 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 may:
- 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 that he has thus chosen, after having validated his basket, all users must identify themselves:
- By entering his email address and the password he has previously chosen, if he already has a MII user account. The user is informed and accepts that entering these two identifiers constitutes proof of his identity and indicates his consent to the order.
- Otherwise, by entering their email address and accurately completing the form provided, on which they will include the information necessary for their identification and the delivery of their order (in particular their surname, first name, postal address, telephone number). In the latter case, the user will have the choice of creating a user account (by entering a password of their choice that will be personal and confidential and which they will need to identify themselves later on the site), or of placing 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 tracking link contained in the shipping confirmation email sent to their email address.
Once the user has been identified, he/she must enter or confirm the delivery address (as specified in Article 4 below) and then an order form will appear on the screen, summarizing: the nature, quantity and price of the Products selected by the User, as well as the total amount of the order, the 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 post or email, or available directly from their user account, or relating to the product(s) in their basket, the user must enter and validate their "promotional code" in the field provided on the basket page of the site.
4.2/ FINAL VALIDATION OF THE ORDER
After having read the status of his order, and once all the requested information has been completed by the user, a summary of this information and of the order will appear.
After reading this summary, and before payment, the user will read these general terms and conditions of sale, which he will confirm 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 he wishes to make his payment to definitively confirm his order. The user must then transmit his bank card number, depending on the type of the latter, the expiration date of the latter as well as the visual cryptogram.
The secure payment platform server is secured by SSL (Secure Socket Layer) encryption in order to protect all data related to payment methods as effectively as possible, and at no time will the user's banking data pass through the MII computer system. Its liability is therefore released.
As soon as he validates his payment, the order is registered and becomes irrevocable. The user becomes a buyer.The purchase order will be recorded in MII's computer records, themselves stored 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 reimbursement, for a period of fifteen (15) working days from the date of receipt of the products by the buyer.
4.3/ CONFIRMATION OF THE ORDER
A summary of the order will be displayed once the order has been validated. This confirmation will include all the elements constituting the contract between the parties.
A document summarizing all of these elements, serving as an acknowledgement of receipt, will also be sent to the buyer by email to the email address provided by the latter. This document will contain the tracking link for the order, allowing the buyer to follow its progress.
The buyer who has placed an order by creating a user account will also be able to access "order tracking", as well as all of their data, by clicking on "your account" and identifying themselves with their email address and password.
4.4/ GIFTS
The buyer can make gifts to his friends via 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 accompanying the merchandise upon delivery. The recipient of the gift will also benefit from all the guarantees stipulated in article 6 below.
5/ DELIVERY
MII will make its best efforts to ensure that the order is prepared and delivered to the carrier within an average period of one (1) to five (5) working days from the day following the buyer's validation of their order.
Deliveries are made by the various carriers offered at the delivery method selection stage and from Monday to Saturday, depending on the option chosen by the customer when confirming their order.
Delivery is understood to be upon 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 is transferred 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 customer's residential address, that of a natural person of their choice or that of a legal entity (delivery to their company). Delivery cannot be made to hotels or PO boxes.
In the event that delivery cannot be made, due to an incorrect delivery address or the customer's failure to collect their order from the selected collection point, no reshipment can be made and the customer will be reimbursed within fourteen (14) days of receipt of the order by MII.
MII delivers orders within a maximum period of twelve (12) working days for delivery in Metropolitan France and twenty (20) working days for international delivery, this period being calculated from the first working day after validation of the order.
In order for these deadlines to be met, the customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, staircase number, access codes, first/last names and/or intercom numbers, etc.).
MII cannot be held responsible for any delay in delivery that is not its fault or justified by a case of force majeure (as defined below).
In the event of a delay in delivery, the customer may request cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the order. Notwithstanding the foregoing, MII cannot be held responsible for the damaging consequences resulting from a delay in delivery, only the reimbursement of the product by MII being possible to the exclusion of any other form of compensation.
Unless there is a legitimate reason, any claim 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 of France may be subject to possible taxes and/or customs duties that are payable when the package reaches its destination. These possible customs duties and taxes related to the delivery of a product are the responsibility of the customer. MII is not required to check and inform the customer of the customs duties and taxes applicable in the country of destination. To find out, MII advises the customer to inquire with the competent authorities of 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 client@miicollection.com or by simple mail to the following address:
MII COLLECTION, Return service, 20 rue Henry de Monfreid, 2nd floor, 29200 BREST, France.
MII will send you an acknowledgement of receipt of the withdrawal by email without delay.
The buyer must return the product(s), at his/her own expense (except for deliveries in mainland France, for which he/she can download a prepaid return voucher), in its/their original packaging and wrapping, and in new condition (unworn, unwashed, label and composition sticker intact), to the following address:
MII COLLECTION, Service back, 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 for any loss, theft or delay of the returned product. The burden of proof rests with the buyer.
The buyer cannot be held liable for any depreciation of the goods resulting from the handling necessary to ensure that the product(s) meets his/her expectations.
If the above 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, no later than fourteen (14) working days from the day on which the buyer's decision to withdraw was brought to the attention of MII.
MII will make the reimbursement using the same means of payment as that which was used for the payment of the order, unless the customer expressly agrees to use another means of payment and to the extent that the reimbursement does not incur any 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 of hidden defects provided for in articles 1641 et seq. of the Civil Code, provided that use has been normal and that the maintenance advice has been followed.
7.1/ GUARANTEE OF CONFORMITY
The buyer:
- Benefits from a period of two years from the delivery of the product to act;
- May choose between repair or replacement of the product, subject to the cost conditions provided for in 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 client@miicollection.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 that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.
7.2/ WARRANTY AGAINST 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 of 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 those that do not correspond to the customer's order.
Irregularities in the printed product prints cannot constitute a lack of conformity or hidden defects, insofar as they are inherent to the artisanal techniques of manufacturing the products.
8.3/ TAKING INTO ACCOUNT THE BUYER'S REQUEST
When returning a product due to a defect, the buyer must notify, within 14 working days from the date of receipt of the product, and write very precisely on the "return slip", any anomalies noted (defective product).
If the above conditions are met, MII will then proceed, with regard to the buyer's request, to exchange or refund the product, provided that it is returned in its original packaging and accompanied by the duly completed return form to the following address:
MII COLLECTION, Service back, 20 rue Henry de Monfreid, 2nd floor, 29200 BREST, France.
8/ PAYMENTS
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 offers its customers, in particular, Alma's credit service for the settlement of their purchases and the execution of the payment. This is conditional on the customer's acceptance of the General Terms and Conditions or the credit agreement proposed by Alma:
- Any refusal by Alma to grant credit for an order may result in the cancellation of the order.
- Any termination of the T&Cs binding the customer and the seller shall result in the termination of the T&Cs or the credit agreement between Alma and the customer.
Our partner Alma offers payment in three or four installments at no extra cost. 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 that 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 binding the seller and the customer shall result in the termination of the T&Cs between Alma and the customer.
9/ RESPONSIBILITIES
The MII site has only an obligation of means for all stages of access to the site, the ordering process, delivery or subsequent services. The site cannot be held liable for any inconvenience or damage 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 shall not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting force majeure, recognised as such by case law.
The parties agree that they must consult together 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 provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.
12/ ENTIRE CONTRACT
These general terms and 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 terms and conditions of sale shall prevail.
13/ APPLICABLE LAW - COMPETENT JURISDICTIONS
These general terms and 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 granted to the competent French court chosen by MII 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 resolving a dispute amicably. Before contacting said mediation service, the buyer must have contacted MII customer service to attempt to resolve the dispute by email, at the following address: client@miicollection.com or by simple mail to the following address:
MII COLLECTION, Service back, 20 rue Henry de Monfreid, 2nd floor, 29200 BREST, France.