GENERAL CONDITIONS OF SALE AND USE OF THE WEBSITE (according to publication on 10.12.14)
I. PREAMBLE – FIELDS OF APPLICATION
In order to better meet the expectations of its consumer customers, the company MAARVI / UPPER SHOES (hereinafter “the Company”) has set up, alongside its stores, a sales website (hereinafter “the Site”). remotely from a selection of its models of shoes and accessories (hereinafter “the Products”). Visitors to the Site are asked to read these conditions in their entirety because they will inform them on the one hand on the way in which the relations between the Company and its Customers are structured in the context of sales of Products, and elsewhere on the conditions of use of our Site in the absence of sale. They also contain the legal notices relating to the Site, and legal information on the collection of personal data carried out by the Company from visitors and Customers who use its Site.
Our general conditions of sale are only aimed at consumers (hereinafter the “Customer(s)”) who order Products offered remotely on our Site. Professionals are not authorized to purchase products on our Site and cannot therefore claim the application of these general conditions, nor the provisions of consumer law that they include.
These conditions apply to Customers established worldwide. However, Customers established outside French territories have their orders processed according to international regulations (in particular tax and customs) in force which may impact the rules defined by these general conditions of sale. In addition, we reserve the right to refuse these sales abroad, or to subject them to specific contractual conditions that vary in particular depending on the territory where the Customer is established.
The content of the contract binding the Company and the Customer is constituted by these general conditions, as well as by the contractual terms appearing on our Site, and by those communicated to the Customer on his Customer account and upon acknowledgment of receipt of his order. .
These conditions replace and cancel our previous general conditions bearing an earlier publication date and will be replaced by any edition subsequent to them. The version of our general conditions of sale in force is that accessible in the “general conditions of sale” tab of our Site on the day of dispatch of the Customer’s order form. The same applies to the contractual elements appearing on our Site.
The parties agree that their relations will be exclusively governed by this contract, to the exclusion of any other agreement or writing, subject to the following. Any modifications to these general conditions desired by the Customer must be the subject of a written request from him before any order and must be accepted by the Company expressly and in writing to be enforceable against the Company. Any sending of an order when the modification procedure above has not been followed to completion implies full and unreserved acceptance of our general conditions.
II. LEGAL NOTICE
This contract is concluded between the Customer and the Company which owns the Site www.upper-shoes.com and which is:
Company name / commercial name: MAARVI / UPPER SHOES
Legal form: Limited liability company
Capital: 10,000 EUROS
RCS and SIREN: RCS Lyon B 440 627 941
Individual identification number (VAT): FR 39440627941
Head office: 8 rue Jean de Tournes, 69002 LYON
Such. : 04 72 04 26 40 and 06.98.96.03.95
Manager, Publication Director and responsible for writing the Site, Responsible for processing personal data: Mr. Vincent CHAUVIN
Can be contacted at the email address above
Customers must send us their correspondence and complaints to the address above or via their Customer account created when placing their order.
The site host is the company identified below:
Company name: Sutunam
Legal form: SARL
Capital: 2000 EURO
SIREN: 532 783 974
Head office: 24 avenue Joannes Masset – 69009 – Lyon
Such. : 04 82 53 31 75
This Site is declared to the CNIL under number 1284860, for the collection of personal data that we carry out as part of the use of our Site by visitors.
III. COMPETENT JURISDICTIONS
This contract is subject to French law, excluding provisions of French law having the effect of making another national law applicable and which are not of public order.
In all cases where the derogation by contract from the rules of territorial jurisdiction of the courts is authorized by French law, it is agreed that all disputes relating to the validity, interpretation and execution of this contract will fall exclusively within the jurisdiction jurisdictions in which the Company's headquarters are located.
IV. OUR PRODUCTS
1. The Company reserves the right to modify the list of Products offered on its Site, without notice, which the Customer accepts now, without being able to claim compensation for this, particularly in the event of interruption of the offer for sale of a Product.
2. The photos and descriptions of the Products presented on our Site are not contractual in nature, in particular because suppliers can upgrade their Products at any time without their quality and technical performance being reduced, which the Customer accepts. now. In addition, technical constraints may cause differences between the colors of the Products and those appearing in the photos presented on the Site. The Customer will therefore not be able to request compensation for any damage and/or cancel his order.
3. Our Company sells Products but does not provide any advisory service or validation of a choice made by the Customer. The Customer is therefore solely responsible for his choices.
V. ORDER – CREATION OF THE ACCOUNT IN THE CUSTOMER’S NAME
1. Under article 1369-4 of the French Civil Code, the only language admitted for the conclusion and execution of the Contract is French.
2. To order one or more Products, the Customer follows the ordering procedures and terms defined by the Company on its Site and in these conditions:
- the Customer chooses a Product by clicking on it in our online catalog, which directs them to a page presenting a photo and information concerning the Product (description, price, etc.). On this page, he chooses his size using the size equivalence table. Then he clicks on virtual “ADD TO BASKET” or on “QUICK BUY” to buy without creating a customer account.
- The “Your basket” page is displayed, summarizing the contents of the order appearing in the basket (description of products, color, unit price, quantity, total price, etc.), and offering an estimate of the delivery costs. On this page of the site, the Customer must also check a box declaring that he has read and accepts without reservation our general conditions of sale. By checking this box, the Customer waives the right to rely on any contradictory or additional document, and in particular their own purchasing conditions. The order cannot be finalized if the customer does not check this box. Then the Customer is offered to “CONTINUE YOUR PURCHASES” (other Products) or to “ORDER”. The content of the order will only be recorded after validation of the order summary screen provided to allow the Customer to return to it and correct any entry errors (art. 1369-4 and 5 c. civil.). The site allows you to subsequently modify the order thus validated.
- By validating their order, the customer is directed to a “CONNECTION” page allowing them to create an account (unless they have decided to order without creating an account), or to identify themselves to access their account if they have already been created by entering their email address and confidential password. To create an account, the Customer must enter a valid email address, then their title, last name, first name, password, date of birth, billing address and their landline or mobile phone number. He must also indicate whether or not he wants to receive the Upper Shoes newsletter. By entering personal data concerning him in his account, the Customer accepts their collection which is necessarily required by the Company to process the Customer's order.
This account notably allows the Customer to access at any time data relating to their order (products, prices, delivery costs, order status, etc.), and personal data collected by the Company.
These general conditions of sale are accessible to everyone and at any time in the “General Conditions of Sale” tab of the Site, in accordance with articles L 121-17 and L.121-19 of the Consumer Code.
Then he must click on the “ORDER” button to access the next page.
- The Customer must then enter a delivery address then click on the “ORDER” icon to access the next page.
- The Customer must then choose their delivery method from those offered, namely:
free collection from one of the 5 UPPER SHOES stores offered to them on the screen and from which they must choose. This withdrawal must take place no earlier than 48 hours and no later than 7 days after receipt of the entire price for cash payments, and after receipt of the second payment in the event of payment in 3 installments without fees.
Delivery by Chronopost, no earlier than 48 hours after receipt of the full price. For Corsica the maximum delay is 3 working days. Abroad and in the French overseas territories, delivery is invoiced at the price indicated during the ordering process and will be carried out within a maximum of 3 months after collection, this period depending greatly on the customs services of each country. This delivery is governed by DHL's general conditions of sale which the customer declares to accept without conditions or reservations by choosing this delivery method.
Then the Customer clicks on the “ORDER” icon to access the next page.
- The Customer must then choose their payment method from those offered, namely:
Payment in cash or in three installments free of charge by credit card, visa, master card.
Cash payment by transfer.
- Then the Customer clicks on the “VALIDATE” icon to access the following payment page depending on the chosen payment method:
In the event of payment by transfer, the Company's bank details are provided to the customer so that he can set up his transfer to his bank under his sole responsibility after having confirmed his order.
In the event of payment by credit card, the Customer agrees to only use his credit card and is directed to our bank's secure server, on a page for entering the information necessary for payment. The Client is then connected directly to his bank's server in SSL secure mode which guarantees the confidentiality of the information entered to which neither the Company nor a third party has access.
The finalization of the payment is assimilated to the handwritten signature of the customer regarding the content of the order (price, products and delivery costs). From this payment by the Customer, the order is irrevocable for the Customer and can no longer be modified or abandoned, without prejudice to his right of withdrawal after delivery of the Products. This acceptance of the order issued by the customer as well as all the data that the Company will have recorded on this occasion, will constitute proof of the existence and content of the Customer's order.
The order is then completed and sent by the Customer to the Company via the internet.
When ordering, the Customer must provide all the information requested by the Company. This information must be complete, accurate and up to date. In the event of a violation of this article discovered by the Company, the latter may refuse or cancel the order, without the Customer being able to claim any prejudice. In this case the payment made by the Customer will be refunded upon receipt.
3. The Customer's order will be archived for a maximum period of 10 years and he will be able to access it during this period by request made to the Company indicating all the identification information appearing on his order and in particular his name, first name and address as well as that the products ordered and the year of order (articles 134-2 Consumer Code, 1369-4 civil code, L 110.4 commercial code)
4. The Customer's order is an offer to purchase which does not form the contract. The latter will only be formed by the order confirmation sent by email by the Company.
VI. ORDER CONFIRMATION
Within a maximum of 2 days from receipt of the customer's order, the Company will send the Customer to the e-mail address indicated by the latter when ordering, an order confirmation. The contract is formed by this confirmation, without prejudice to the right of withdrawal if the law confers one on the customer. The Company reserves the right to refuse or cancel an order from a Customer who has not paid, even partially, for a previous order.
This email will include in particular all the information, the transmission of which to the Customer is required by articles L 121-17 and L.121-19 of the Consumer Code.
If this email is not received within the deadlines indicated above, it is up to the Customer to contact the Company, as it is possible that their order has not been recorded for technical reasons. If the confirmation cannot be delivered to the e-mail address indicated by the Customer for whatever reason, the Company may rely on the non-existence of the order.
If new contractual terms are indicated by the Company when processing the order (delivery time extended due to unavailability of Products, refusal of delivery before collection of the third payment in the event of an option for payment in three times without charge and previous payment incidents, etc.), the Customer will have the possibility of renouncing his order by sending an email to the Company within 48 hours of the company sending the offer to modify the Company. Beyond this, the customer's silence will constitute acceptance of the modifications proposed by the Company. In the event of renunciation of his order, the Customer will be refunded the price he has already paid no later than 30 days from his request.
VII. PRICE - BILLING
The prices displayed on our Site are expressed in euros and all French taxes included, excluding delivery, packaging and insurance costs. For foreign Customers consulting the Product catalog online from their account, the price will be indicated excluding VAT and VAT will be applied by the customs services of the State of destination.
The prices and applicable taxes are those displayed on the Site on the day of receipt of the order. The prices displayed on the Site may be modified at any time and without notice.
The Customer will be confirmed the total price of their order (excluding taxes, and all fees and taxes included) in the summary of their order displayed on the Site when placing their order, and by the email confirming their order.
A detailed invoice can be downloaded from our Site from the Customer's account after the order confirmation has been sent. It is also attached to the Product delivery package.
The Customer pays by credit card or transfer. Payments are made in euros.
When payment is made by bank card by the Customer, communication by him of the bank card number, the validity date, the name of the card holder (name appearing as is on the bank card), and the 3 digits of the cryptogram, constitutes authorization to debit the entire price of the order according to the agreed schedule. Shipment of the Products is subject to full and unconditional collection of the price in the case of cash payment, and 2/3 of the price in the event of payment in 3 installments without charge.
When paying by transfer, the Customer is solely responsible for its completion and its receipt by the Company, being reminded that the Products are shipped after unconditional collection of the entire price.
Prices are payable in cash or in three installments free of charge.
a) In the event of cash payment, no discount is granted for cash payment.
b) In the event of payment in three installments free of charge, the first payment is made when ordering, the second payment is made one month later, and the third payment is made two months later. Payments are made by credit card. The Products are only shipped after final receipt and without reservation of the second payment. However, the Customer may anticipate delivery by deciding at any time to anticipate his second payment after having consulted us for this purpose.
The Products, even delivered, remain the property of the Company until full payment of their price.
IX. SHIPPING AND DELIVERY
1. Delivery is made either to a store or to the address indicated by the Customer in their order.
2. The Products ordered are made available in store or shipped by DHL within a maximum of 48 working hours from final receipt of the price and shipping costs in the case of cash payment, or the second third of these sums in cash. case of payment in three installments free of charge accepted by the company, unless otherwise indicated in the order acknowledgment.
3. In the event of delivery by DHL, the Customer is obliged to choose a delivery location that makes delivery by DHL possible and which cannot be delivery by post. He is solely responsible for all harmful consequences arising from the violation of this obligation. The Customer accepts the application of DHL's general delivery conditions by choosing this carrier.
4. Transport and insurance costs linked to delivery by DHL are:
a) payable by the Company for deliveries in mainland France and Corsica.
b) invoiced by the Company to the Customer according to a variable scale in particular according to the mode of transport, and according to the place of delivery, for deliveries abroad and in the French overseas territories. The amount of these delivery costs is indicated to the Customer during the ordering procedure.
5. The delivery time by DHL is a maximum of 3 months abroad and in the French overseas territories, and 3 working days in mainland France and Corsica, from the dispatch of the order, unless a different deadline is indicated on the order receipt confirmation made by the Company and that the Customer has accepted it according to the procedure described above.
6. In accordance with article L 114.1 of the Consumer Code, Consumer Customers may terminate the contract by LRAR in the event of exceeding the maximum delivery times by more than 7 days unless this excess is due to a case of force majeure . The contract is considered terminated upon receipt by the Company of the letter from the consumer informing it of the termination, unless delivery occurs between sending and receipt of the letter. The consumer exercises this right of denunciation within sixty working days from the date indicated for delivery of the product. The consumer is then reimbursed for the totality of the sums paid, at the latest within thirty days following the date on which this right of denunciation was exercised. Beyond this, the amount due is automatically subject to interest at the legal rate in force. This repayment is made by any means of payment.
7. When the package is delivered by DHL, the Customer has the obligation and responsibility to be present during delivery and to formulate any written reservations and observations on the carrier's document, in his presence, in the event of anomalies. noted on the exterior appearance of the package.
X. RIGHT OF WITHDRAWAL GRANTED TO CONSUMERS DELIVERED IN EUROPEAN COMMUNITY - EXCHANGE
1. According to article L 121-21 of the Consumer Code, consumers have a period of 14 days from receipt by them of the products, to exercise their right of withdrawal without having to provide reasons.
The Customer may withdraw by emailing the withdrawal form appearing at the end of this document, completely and correctly completed, or a document containing the information required by this form.
The consumer returns the goods to the Company without undue delay and, at the latest, within 14 days following communication of his decision to withdraw in accordance with article L. 121-21-2. The Products must be returned to the following address: Upper Shoes 4 quai de la Pêcherie 69001 LYON.
The consumer only bears the direct costs of returning the goods, which will be carried out by the Post Office or a carrier of their choice.
The consumer's liability can only be incurred in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods.
When the right of withdrawal is exercised, the Company is required to reimburse the consumer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which it is informed of the consumer's decision to withdraw. The Company will, however, defer reimbursement until recovery of the goods or until the consumer has provided proof of shipment of these goods, the date chosen being that of the first of these events. Beyond this, the sums due are automatically increased by the legal interest rate if the reimbursement occurs no later than ten days after the expiry of the deadlines set above, by 5% if the delay is between ten and twenty days , 10% if the delay is between twenty and thirty days, 20% if the delay is between thirty and sixty days, 50% between sixty and ninety days, and five additional points per new month delay up to the price of the product, then the legal interest rate.
The Company will reimburse, at its choice, using the same means of payment as that used by the consumer for the initial transaction, or the reversal made by means of the bank card or the transfer.
The Company is not required to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Company.
Exercising the right of withdrawal puts an end to the obligation of the parties to execute the distance contract.
XI. WARRANTY AND LIABILITY
1. The Customer undertakes to use, store and maintain the Products in accordance with their intended use and the manufacturer's instructions.
2. UPPER SHOES does not grant any contractual guarantee to Customers. But the Customer can benefit from the contractual guarantee granted by certain Product manufacturers. We inform Customers of the existence of contractual guarantees granted by manufacturers upon simple request from them.
But consumers are informed that, in accordance with article L 211.15 of the Consumer Code, “the seller remains bound by the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of this code and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code. » Articles L. 211-4, L. 211-5 and L. 211-12 of this code as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full. »
3. Article 1641 of the Civil Code provides that “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so reduces this use, that the "The buyer would not have acquired it, or would have only given a lower price, if he had known about them."
Article 1648 al. 1 of the Civil Code provides that “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”
4. With regard to consumers, “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” (Article L.211-4 of consumption code)
According to article L.211-5, “To comply with the contract, the property must:
- Be suitable for the use usually expected of similar goods and, where applicable:
* correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
* present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or in labeling;
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”
According to article L.211-12, “The action resulting from the lack of conformity is prescribed two years from the delivery of the goods”
5. The company may exempt itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer customer or to the unforeseeable and insurmountable act of a third party to the contract, either in a case of force majeure, or in social movements such as strikes, or in the knowledge of French or foreign public authorities, or in the knowledge of suppliers, or in natural events such as floods or heavy rain, falls of snow, droughts or heatwaves, violent winds.
6. In any event, the Company is only bound towards the Client by an obligation of means in all circumstances, except when the law provides otherwise.
The Company does not give the customer any guarantee of compliance of its Products with all regulations applicable in each country in the world. The company only gives this guarantee with regard to French regulations. The company therefore declines all responsibility in the event that the Product delivered does not comply with the legislation of the country of delivery, when it is not France, and the rules violated are not applicable in France. The Customer therefore undertakes to find out about the regulations applicable in his country to the Product he plans to purchase in France for use abroad.
8. The Company cannot be held liable by the Customer for damages linked to the use of the Internet network, and in particular in the event of damage resulting from:
- interruption of service not attributable to the Company;
- external intrusion, declaration or action of a third party which would be damaging, unauthorized access to the service or modification of the Client's transmission or the Company's database by a third party;
- attack by computer viruses carried on the customer's equipment during the execution of the contract.
The Company cannot be held liable by the Customer in the event of access to the Site made impossible by maintenance operations thereon, or in the event of malfunction of the Site or alteration of its content due to actions carried out by third parties or malware.
9. The amount of sums owed by the Company in the event that its liability is incurred towards the Customer by the non-conformity or defect of a Product, may not exceed the sale price of the Product, unless that the Customer prefers that the disputed Product is not exchanged for an identical Product.
XIII. COMPUTER LAW AND FREEDOM
1. The Company collects and uses personal information about you for the purpose of identifying you when processing your orders, providing you with quality service, and simplifying your access to its services. This collection also allows us to keep you constantly informed of developments in our services and Products as well as our special offers. We also communicate to you through this personal data other useful information, such as information from our partners. More rarely, we will use your personal information to invite you to participate in surveys intended to measure your satisfaction with us and to improve our services.
We may wish to use your personal information for purposes other than those specified at the time of collection. In this case we will contact you first to obtain your authorization.
2. The Company may collect your personal data in particular when you correspond with it, when you consult its Site, when you order a Product (in particular when creating your account), when you participate in one of its surveys, when you subscribe to one of our Internet services, or register on a mailing list.
Additionally, your browser can tell us about the type of computer and operating system you are using.
In addition, the Company Site may use “cookies” which identify you as soon as you connect to the Site. These cookies do not contain any personal information about you. Cookies only allow us to identify the most popular sections of our Site, the destinations of Internet users and the duration of their connection to the Site. This data allows us to improve our site and our offers.
3. The information collected when ordering Products must be provided. Otherwise the order will be refused.
4. The Company Site may contain links to other sites. We assume no responsibility for the privacy practices and rules governing these sites.
5. The Company is the recipient of the information collected. However, it reserves the right to transmit personal information about you to some of its partners to inform you of latest products and services. If you do not wish to receive promotional information from the Company or its partners, please notify us at the email address appearing at the beginning of these conditions.
Furthermore, the Company reserves the right to use IP Addresses and other data collected both to (1) identify Internet users when it is forced to do so by a judicial authority, police authorities, by any independent administrative authority and to generally by any administrative authority authorized by law, only to (2) identify Internet users who contravene these general conditions of use of our site and sale. In this case, the company may be required to transmit your IP address to access providers for the purposes stated, or if the Company considers it necessary, particularly given the nature of the non-compliance herewith, to transmit your IP address to the authorities. competent.
6. Protection of your personal information: On the pages of the site relating to payment, the Company uses a secure system. To make purchases, use a compatible browser. Your personal information as well as your bank card number are transmitted over the Internet in order to guarantee their confidentiality.
7.The Customer has the right to access and rectify personal data concerning him. To consult or correct them, simply contact the Company whose email and postal addresses appear at the top of this document. The customer also has the right to object to the processing of personal data concerning him.
XIV. INTELLECTUAL PROPERTY
The intellectual property rights on all the elements (animations, images, texts, music, etc.) making up our Website and on each of the elements created for this site are the exclusive property of the Company or its partners.
Neither the Company nor its partners grant the Client any license or transfer of their intellectual property rights over these elements. The Customer has no other right than to personally consult the site to order the Products, as well as to reproduce and represent the elements presented on the Site for his personal and non-commercial use for the sole purpose of ordering the Products offered. by the Society. Any other reproductions or representations are prohibited and will be punished.
WITHDRAWAL FORM CONCERNING PERSONS BENEFITTING FROM THE RIGHT OF WITHDRAWAL UNDER THE LAW
I …………………………………………………………………………… (first name)
Residing ………………………………………………………………. (Physical address)
Having the email address …………………………………….. (Email address declared when ordering)
According to article L121-21 of the Consumer Code, I declare that I withdraw from my order placed on your website www.upper-shoes.com on ………………… under the number ………………… ….. (Indicated on your order confirmation)
And return to you today at the address “Upper Shoes 4 quai de la pecherie 69001 LYON” the Product(s) that I purchased and for which I am withdrawing.
According to article L121-21-4 of the Consumer Code, please reimburse me the sum of ………… euros that I paid for the Products that I return to you without undue delay and at the latest within fourteen days from the date on which you were informed of my decision to withdraw.
This Product(s) was(were) delivered to me on …………..
Done at ……………… on …………….