1- Preamble
a) Legal
This site
is published by MIL PARIS SASU – MODE IN LUXE capital of € 10,000, registered
with the Trade and Companies of Paris under License 53307471200019, whose
registered office is at 7 rue de la Paix 75002 Paris - France. The editor can
be contacted by phone at 01.81.29.26.48 or by email at the following address:
contact@modeinluxe.com
No. VAT: FR86533074712
This site
is hosted by ADIXON company whose registered office is at 31 rue du Père
Corentin 75014 Paris and can be reached by phone at: 0033 (0) 6.76.24.15.01
The Director of the publication of this site is Mr Vincent LHOPITAL, which also holds the position of Head of writing.
b) Subject
This site is free and open to all Internet users. It aims in particular to online sales of luxury items, new or used by the site editor.
c) Scope
These general conditions are intended to govern the sales between Internet users and the publisher of this site and does not apply to sales that could be made between members of the site.
d) Acceptance of Terms
1. The
subscription has a contract governed by these terms and conditions with the
publisher of this site implies acceptance by the user of the present general
conditions. The user recognizes the same fact to have taken full knowledge and
give up its own terms. This acceptance will consist in the fact that, for the
user, check the box next to the sentence "I have read and accepted the
terms and conditions of sale and use of the site. ".
Therefore
check the box will be deemed to have the same value as a handwritten signature
on the part of the user. The user recognizes the value of evidence of automatic
recording systems the publisher of this site, except for him to bring evidence
to the contrary, he gave up the contest in case of dispute.
The acceptance of these terms and conditions assumed by the users that they enjoy the legal capacity to do so, or if they have permission from a guardian or trustee if they are unable , their legal representative if they are minors.
2. Method
of purchase orders and description of the procurement process
Product
availability is indicated on the site, in the description of each item.
To place an
order, users can select one or more objects and add them to their shopping
cart. When their order is complete, they can access their shopping cart by
clicking the button provided for this purpose.
By
consulting their basket, members will have the ability to check the number and
the nature of the items they have chosen and will check the unit price and the
total price of the order. They will be able to remove one or more items from
their cart. On this summary will also be shown to customers the power they have
or not to exercise their right of withdrawal and the deadlines that apply.
If their
order they should and want to validate it, users can click on the submit
button, then they will access a form in which they can either enter their login
credentials if they already have or to register on the site using the form
presented to them with personal information about them.
Once they
are connected or after they have fully completed the form, customers will be
invited to monitor or change their delivery address and billing then be invited
to make their payment being redirected for this purpose on the interface secure
payment.
Once
payment is actually received by the site editor, the latter undertakes to
acknowledge receipt to the customer electronically, within a maximum of 24
hours.
Similarly, in the same time, the publisher agrees to send the customer an email summary of the order and confirming him treatment, taking also all information related to the order, the products ordered, to delivery as well as how to exercise their right of withdrawal.
3. Prices
The prices listed on the site agreed in Euros, all taxes, excluding delivery charges. These prices can be changed at any time by the publisher, the prices are valid until the date of the order and do not wear effect for the future. Delivery costs will, in any event, indicated to the customer before any payment and only concern deliveries in France, including Corsica. For any other place of delivery, it will be up to the customer to contact customer service.
4. Title retention clause
Products and articles sold remain the property of the seller until full payment of the price, in accordance with the present property reserve clause. The risks are still transferred to the buyer after delivery.
5. Payment Information
The user
can place order on this site and may make its payment by credit card, check and
bank transfer.
The credit card payments are made through secure transactions provided by the provider: Banque Populaire. As part of credit card payments, the publisher of this site has access to any data on the user's payment means. Payment is made directly in the hands of the bank. All payment by credit card can be checked for verification during 8 to 15 days before shipping. If paying by check or bank transfer, delivery defined in Article below will begin to run only from the date of actual receipt of payment by the seller, the seller can prove it by any means.
6. Delivery
a) Time
Orders are
delivered by post or DHL within 5 business days after the full payment is
received corresponding to the counterparty by the seller. This period may be
extended to 15 days if the item sold is externally from either when it comes to
an online repository. Indeed, the applicant must submit to the company Mode In
Luxury Article duly mentioned on the product page. After sending the seller
depositing and reception in local mode In Luxury, the item will be appraised
and sent if the item is checked "compliant" or have passed the stage
of authentication proved.
Certain products or order volumes may justify a higher delivery time, this will be expressly stated in the consumer's attention during the validation of the order.
b) Delivery error and apparent defect
The customer agrees to verify the compliance of the product with the order upon delivery. Any delivery error compared to the control or vice apparent will be the subject of a complaint within three working days of delivery. After this period, the product will be deemed received by the customer in line, which can no longer rely on a delivery error or defect.
c) Parcels damaged
If delivery of a clearly and visibly damaged or repaired package it up to the customer to refuse in order to enjoy the guarantee offered by the carrier. The customer must also notify the seller immediately so that a new package is prepared for it, and then shipped upon receipt of the package damaged in return. In such cases, the delivery times indicated above in these terms and conditions will no longer apply.
7. Provisions relating to consumer
rights
a) Customer Service
The present site customer service is available Monday to Friday from 10:00 to 7:00 p.m. at no surcharge following telephone number 01 75 50 41 83, by email to the following address contact@modeinluxe.com or mail to following address: MIL PARIS SASU – MODE IN LUXE 7 rue de la Paix 75002 Paris. In the latter two cases, the publisher agrees to provide a response within two business days.
b) Right of withdrawal
According
to the legislation, consumers have a period of 7 days from the date of receipt
of the package to request an exchange or refund. To exercise this right, it is
their return (at their expense) the package at the company's headquarters: MIL PARIS SASU – MODE IN LUXE 7 rue de la Paix 75002 Paris, accompanied by a letter
requesting either reimbursement or exchange.
Pursuant to
Article L. 121-20-2 of the Consumer Code, consumers will in no case claim the
exercise of any right of withdrawal for orders of all products clearly
personalized or made according to their specifications or which, because of
their nature, can not be returned or are liable to deteriorate or expire
rapidly.
All returns
must be made complete (packaging, manuals, accessories, copy of the invoice)
and returned products must be in perfect condition for resale, they will not be
soiled or damaged.
The products being returned to the risks and perils of consumers, it is up to them, if necessary, to subscribe (at their expense) to an insurance covering the risks of transport.
c) Delay
Any delay
in delivery of more than seven days may result in cancellation of the sale to
the consumer initiative, upon written request from him by registered letter
with acknowledgment of receipt. The consumer will then be reimbursed for
amounts incurred by him when ordering. This clause is not intended to apply if
the delivery delay is due to a force majeure, payment clear by bank if payment by credit card, beyond the control of the
publisher.
In such cases, the customer agrees not to exercise prosecution against the site and its editor and waives the cancellation of the sale under this section.
8. Warranty for products purchased from
the publisher
In case of
failure of a product purchased to the publisher, customers have, in accordance
with the provisions of the Civil Code on legal guarantee against hidden
defects, a period of seven days from the date of discovery of the defect to
request an exchange or refund, and in application of Article L211-5 of the
Consumer Code they will have a period of two years from the receipt of the
product to request an exchange or refund In the event that the delivered does
not comply within the meaning given to that word by Article.
To exercise
any of these rights, it is up to them to approach the site editor whose details
are at the top of these terms.
Some objects have, besides the implied warranty defined by the Civil Code and the guarantee of compliance required by Article L211-5 of the Consumer Code to them, if any, still apply and which are defined above, a conventional warranty offered by the publisher, the duration and terms will be indicated on the instructions.
9. Personal Space
a) Creation of personal space
Creating a
personal space is a prerequisite for any order from a user on this site. To
this end, the member will be asked to provide certain personal information. The
member agrees to provide accurate under penalty of termination of the contract
at the initiative of the editor and delete the account.
Some information will be deemed essential to the contract and their collection will be essential to the creation of personal space and validation of the contract. The refusal by a member to provide such information will effectively prevent the creation of personal space and, incidentally, the validation of the order.
b) Operation
This space
allows the customer or member to view all orders made on the site and allows
them also, where appropriate, to track the delivery of goods purchased.
If the data
contained in the section personal space were to disappear as a result of a
fortuitous event of a technical failure or a case of force majeure, the
responsibility of the publisher of this site can not be held, the information
having no probative value, but informative. The publisher will, however, keep
securely all contractual elements whose conservation is required by law or
regulation.
The
publisher reserves the exclusive right to delete the account of any member who
may have breached these terms and conditions (including but not that this
example has any completeness, where the member has knowingly provided false
information during his registration and the creation of personal space) or is
inactive for at least a year. Such removal will not be likely to constitute a
harm to the excluded member who can not claim any compensation as a result.
This exclusion does not exclude the possibility for the publisher to undertake judicial proceedings against the member, when the facts have warranted.
c) Password
During the creation of personal space, the user is prompted for a password. This password is the guarantee of confidentiality of information in the "My Account" and the user therefore agrees not to transmit or disclose it to a third party. Otherwise, the site will not be held liable for unauthorized access to a user account.
10. Stock Newsletter
By checking
the box provided for that purpose expressly or giving their agreement to this
end, members agree that the publisher can send them at a frequency and format
of its choosing, a newsletter (newsletter) which may include information
relating to its business.
When the
user checks the box provided for this purpose, he agrees to receive offers from
the publisher of this site for products and services similar to those ordered.
Members subscribers will have the option to unsubscribe from the newsletter by
clicking on the link provided for this purpose, present in each of the
newsletters (newsletters).
11. Newsletters partners
Members
have accepted the communication of personal data (including electronic mail
address) to any third party partners of this site may be brought to receive
newsletters (newsletters) issued by these partners, commercial or not,
frequencies and in the manner determined by the so-called partners.
The member has at any time the right to unsubscribe by clicking on the link provided for this purpose, present on each of the newsletters (newsletters) issued by the so-called partners. Otherwise, the member has the option of unsubscribing through direct contact or issuers of saying newsletters (newsletters). The publisher of this website should in no way be held responsible for the content, data or forms newsletters (newsletters) sent by the said partners, regardless of the harm allegedly suffered by the member. All claims must be made directly with the issuer of the newsletter (newsletter).
12. Notice concerning the Data
Protection Act, January 6, 1978
a) General - Purpose - Duration
Users have
the option of providing free personal information about them. Providing
personal information is not essential for navigation on the site. However,
registering on this site involves the collection, by the editor of a number of
personal information about users. Customers not wishing to provide the
necessary information to create a personal space can not place order on this
site.
The
collected data are necessary for the proper administration of the services
offered on this website as well as compliance with its contractual obligations
by the publisher. This data is stored by the publisher in this unique quality
and the publisher agrees not to use them in another context or pass them on to
third parties outside express consent of users or as provided by law.
Contact information for all users registered on this site are stored for a period of one year, reasonable time necessary for the proper administration of the site and normal use of data. This data is kept under secure conditions, according to the current means of the technique, in accordance with the provisions of the Data Protection Act of 6 January 1978.
b) The right to access, rectification
and opposition
According
to the latter, they have the right to oppose, query, access and correction of
the data they provided. For this, they just need to make a request to the
publisher of this site, by making it to the following address:
vincent.lhopital@modeinluxe.com, or by post to the address of the head office
the editor mentioned at the beginning of these terms. Personal data collected
is subject to computer processing and are exclusively reserved to the publisher
of the site. The controller is Lhopital Mr. Vincent.
The collected personal data are not subject to any transfer abroad. Declaring Number: 1529497
c) IP address
Furthermore,
the publisher reserves the right to collect the IP (Internet Protocol) public
of all Internet users. The collection of this IP address will be done
anonymously, it will be retained for the same duration as personal information
and will only allow for the proper administration of the services offered on
this site. The IP address is a series of points separate figures to uniquely
identify a computer on the Internet.
The editor will communicate any personal data about a user to the Police (on legal requisition) or any person (by order of the judge). The IP address of your computer can be reconciled with the actual identity of the subscriber held by the ISP (internet providers).
13. Exemption from liability of the
publisher in connection with the execution of this contract
If unable
to access the site due to technical problems or any kind, the customer may not
claim injury and will not be entitled to any compensation.
The
unavailability, even prolonged period and without limitation, one or several
products, can not be constitutive of injury to users and can not possibly give
rise to the award of damages from the site or its publisher. Visual
representations of the products published on this site are guaranteed by the
publisher as perfectly faithful to reality, in order to satisfy its obligation
to perfect information. However, in the current state of the art rendering of
these representations especially in terms of color or shape, can vary
significantly from one computer station to another or differ from reality
depending on the quality of the graphics and accessories screen or in the
resolution of the display. These variations and differences will under null
hypothesis be attributed to the publisher shall in no event be held liable for
this.
Products
sold on this site are marketed in accordance with the laws and regulations in
force in France, the publisher can not be held responsible for non-compliance
with regulations and laws in force in other countries.
The hyperlinks on this site may refer to other websites and the responsibility of the publisher of this site can not be held if the content of these sites violates the laws. Similarly the responsibility of the publisher of this site can not be held if the visit by the user of one of these sites, causing him harm.
14. The intellectual property rights
relating to information published on this site
All elements
of this site belong to the publisher and as such are protected by the
legislation on intellectual property.
Internet
users therefore recognize that, in the absence of authorization, any copy or
partial and any distribution or operation of one or more of these elements,
whether or not modified, will likely result in legal action taken against them
by the publisher or his assigns.
This protection will include all text and graphic content of the site, but also its structure, its name and graphic.
15. Modification of Terms
These general conditions can be modified at any time by the site editor or agent. The general conditions applicable to the user are those in effect at the date of the order or its connection to this site. The publisher obviously agrees to keep all his former general conditions and send them to any user who so requests.
16. Governing Law and Jurisdiction
These general conditions are subject to the application of French law and the exclusive jurisdiction of French courts.
17. Friendly settlement of disputes
Except as public order, any disputes that may arise in connection with the execution of these terms and conditions before any legal action will be subject to the discretion of the editor of the site for a settlement. It is expressly stated that the settlement requests do not suspend the time limits allowed for instituting legal action.
18. Severability
If any provision of these terms were to be declared void by a court, such invalidity shall not entail the invalidity of all other clauses, which continue to produce their effect.
19. No Waiver
The fact
that the publisher does not rely on a temporary or permanent basis of one or
more provisions of these terms and conditions shall carry in any case waiver of
the remaining terms and conditions.
M.I.L PARIS SASU
MODE IN LUXE
38 rue de Berri 75008 Paris
Tel: +33 (0)1.81.29.26.48 / Email:
contact@modeinluxe.com
REGISTERED COMPANY AT PARIS - 10,000 euros capital
VAT: FR86533074712 - APE 4771Z - RCS PARIS
533 074 712
