1. Designation of the Seller
This site www.lesmiraculous.com/ is published by: Les Miraculous, a simplified joint-stock company whose registered office is 112 avenue de Paris, 94300 Vincennes, registered with the RCS of Créteil under the number 848431003
Website address: www.lesmiraculous.com/
Phone: 06 25 88 22 62
Intra-community VAT number: FR23848431003
2. General provisions relating to these general conditions of sale (hereinafter, the "GTC")
2.1 Purpose of the GTC:
The GTC are applicable exclusively to the online sale of Les Miraculous products on the site www.lesmiraculous.com/ whose access is free to all internet users.
2.2 Scope of the GTC:
The T & Cs exclusively govern the online sales contracts for Les Miraculous products (hereinafter "Les Miraculous") to buyers with the status of Customers (hereinafter "Customers") and constitute the documents with the order form. contractual rights opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only an indicative value. The CGV are exclusively applicable to the products delivered to the Customers established in the territory defined in article 5. The CGV are written, like all the contractual information mentioned on the site, in French language.
2.3 Availability and enforceability of the GTC:
The GTC are made available to Customers on the Les Miraculous site where they can be directly consulted and can also be communicated to them on request by telephone, email or postal mail. The GTC are enforceable against the Customer who acknowledges, by checking a box provided for this purpose, that they have read and accepted them before placing an order. The validation of the order by its confirmation is worth adhesion by the Customer to the CGV in force on the day of the order whose conservation and reproduction are ensured by Les Miraculous in accordance with article 1369-4 of the Civil Code.
2.4 Modification of the GTC:
Les Miraculous reserves the right to modify the GTC at any time. In the event of a modification of the GTC, the applicable GTC are those in force on the date of the order, a copy dated to date can be given to the Customer at his request.
In case of modification of these conditions, Les Miraculous will bring to the attention of its customers the content of the modified conditions.
2.5 GTC clauses:
The nullity of a contractual clause does not result in the nullity of the GTC unless it is an impulsive and decisive clause which led one of the parties to conclude the sale contract. The temporary or permanent non-application of one or more clauses of the GTC by Les Miraculous cannot be considered as a waiver on its part of the other clauses of the GTC which continue to have effect.
3. The products
3.1 Characteristics :
The products offered for sale presented in the catalog published on the site www.lesmiraculous.com/ are each the subject of a description mentioning their essential characteristics within the meaning of article L. 111-1 of the Consumer Code. The photographs illustrating the products do not constitute a contractual document.
The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of Customers when they are placed on the market. The products comply with the requirements of French law in force at the time of their placing on the market. For orders outside mainland France, it is the Customer's responsibility to check with the local authority in his country of any restrictions on the importation and use of the products ordered. Les Miraculeux cannot be held responsible for the purchase of a product considered to be non-compliant in a given country, even though this product complies with French regulations.
The products presented by Les Miraculous are not drugs, they cannot be considered as such, and do not replace the usual treatment of the Customer. As well as the information present on the site and in all the written supports emitted by Les Miraculous do not constitute medical advice in any way and it is up to the Client to consult his practitioner in order to obtain a professional opinion.
Les Miraculous can not be held responsible for any inconvenience that may arise from use not in accordance with the advice given on the product and its packaging.
4. The price
4.1 Sale price:
The sale prices, in accordance with article L. 113-13 of the Consumer Code, are indicated, for each product appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition. The total amount owed by the Customer is indicated on the order confirmation page. The selling price of the product is that in force on the day of the order. In the event of promotion by price, Les Miraculous undertakes to apply the promotional price to any order placed during the duration of the promotion.
Les Miraculous reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
The online sales offers presented on the site www.lesmiraculous.com/ are valid on French and international territory.
The online sales offers presented on the site are valid, in the absence of any indication of specific duration, as long as the products appear in the electronic catalog and within the limit of available stocks.
The acceptance of the offer by the Customer is validated, in accordance with the click process, by the confirmation of the order.
6.1 Precontrol informationtuelles:
The Customer receives the communication, before placing their order and concluding the contract, in a legible and understandable manner, of these GTCS and all the information listed in article L. 121-17 of the Code of the consumption.
6.2 Steps to conclude the contrat:
The Internet customer can freely add or remove from their "basket" the desired products. At any time, the customer can have access to a detail summarizing the contents of his "basket". If this summary corresponds to the desired products, the customer freely validates his order on the tab assigned for this purpose. Any order can only be validly registered if the Customer has previously identified himself or if he duly filled in the electronic contact form. The Customer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order. The validation of the order entails acceptance of the GTC and forms the contract. Once the basket has been validated, the customer must accept the GTCS of which he is deemed to have first read, choose the address and method of delivery and finally validate the method of payment.
In accordance with the provisions of the law of March 13, 2000 n ° 2000-230, the final validation of the order is worth proof of the entirety of the latter and makes payable the sum committed by the seizure of the articles mentioned on the order form. The validation "click" constitutes an electronic signature within the meaning of article 1316-4 and following of the Civil Code, which has the same probative force as a handwritten signature. A confirmation of the contract is provided to the Customer at the latest at the time of delivery, in particular by email acknowledging receipt of the order and its method of payment.
6.3 Acceptance of theto order:
Les Miraculous reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers having the quality of Customers.
In some cases, including non-payment, wrong address or any other difficulty of any kind, Les Miraculous reserves the right to block the order of said customer until the problem is resolved, or to cancel the command.
6.4 Unavailability of products ordered:
If the products ordered prove to be unavailable for delivery, Les Miraculous immediately informs the Customer and offers him an extension of the initial delivery time or a product of equivalent quality and price. If the Customer refuses, Les Miraculous immediately cancels the order and reimburses the sums paid by the Customer without delay.
6.5 Modification or cancellation of the order:
Any modification or cancellation of an order requested by the Customer can only be taken into account if it has been the subject of the reception by our company of an email from the same email address as that used for the order, that -this must imperatively be received before the shipment of the products ordered.
In accordance with the provisions of the Civil Code, the contract will be concluded on the second click of the order, by which you will have confirmed your shopping basket after having been able to correct it.
7. The contract
The sales contract is formed when the Customer sends the confirmation of his order.
7.2 Archiving and proof:
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1348 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract.
8.1 Payment terms:
The price is due in full after confirmation of the order.
8.2 Payment methods:
Payment is made at the Customer's choice (I) immediately upon order by bank card (II), via ApplePay (III) or by bank check. In the event of payment by check, the delivery period will start to run from the final collection of the price paid by the Customer.
8.3 Payment security:
The site has an online payment security system allowing the Customer to encrypt the transmission of his data.
9. The delivery
9.1 Delivery time and costs:
For any order finalized before fifteen (15) hours, French time, and subject to the receipt of payment from the Customer, Les Miraculous undertakes to dispatch the products ordered the same day. Products ordered after fifteen (15) hours, French time, are shipped the next working day. If the description of a product indicates a particular delivery time, it is the latter that will engage Les Miraculous. By default and in any event, subject to the proper receipt of payment from the Customer, Les Miraculous undertakes to deliver the products ordered within thirty (30) days of validation of the order.
If a product is unavailable for delivery, point 6.4 hereof will apply.
- For deliveries in mainland France, the cost of delivery to Colissimo at home is € 3 including tax. It is fully covered by Les Miraculous if the order is for an amount greater than € 45 including tax.
- To know the delivery costs outside Metropolitan France, the customer will be informed before the validation of his basket.
9.2 Late delivery:
The delay in delivery exceeding seven days and not due to a case of force majeure may result in the resolution of the sale by the Customer who, within sixty working days from the date of delivery indicated, renounces his order by letter recommended with acknowledgment of receipt request, will return the products if they have been delivered and will receive from Les Miraculous within thirty days at the latest a refund of its payment, excluding any compensation.
Exceeding delivery times cannot give rise to damages or deductions, or to cancellation by the purchaser of current orders. In any event, delivery on time can only take place if the buyer is up to date with his obligations to Les Miraculous, whatever the cause.
9.3 Delivery terms:
The products are delivered by post or by independent carrier, depending on the nature of the product and the destination, on the exclusive initiative of Les Miraculous, to the address indicated by the Customer on the order form. Any claim for a delivery error must be made by the Customer to Les Miraculous on the same day of delivery or the first working day following delivery at the latest. In the event of a delivery address error attributable to the Customer, the return and reshipment costs will be billed by Les Miraculous. A delivery slip must be signed by the Customer who must check upon receipt the conformity and the packaging condition of the product.
Deliveries are made according to availability and in order of orders. Les Miraculous is authorized to make deliveries in whole or in part. Delivery times are indicated as exactly as possible but depend on the supply or production possibilities, or even the possibilities of the carrier.
In case of deterioration or partial loss of the product, the Customer must imperatively formulate upon receipt of reservations on the delivery slip, a duplicate of which is sent to Les Miraculous and, within three days of receipt, notify these reservations to the carrier by registered letter with acknowledgment of receipt request in accordance with Article L. 133-3 of the French Commercial Code.
9.4 Conformity of products:
If the product does not comply with the order, the Customer must send, within a reasonable time after receipt, a complaint to Les Miraculous with a view to obtaining the replacement of the product or possibly the resolution of the sale.
9.5 Unavailability of products:
In the event that the products are not available for delivery, Les Miraculous may offer, under the conditions provided for in article 6-4 of the GTC, an extension of the initial delivery time or an equivalent product by its quality and price.
9.6 Failure to deliver:
The total failure to deliver results in the automatic termination of the sales contract.
10. Right to retract
10.1 Notification to Les Miraculous of the withdrawal decision:
In accordance with the provisions of article L 221-18 of the Consumer Code, the customer has a period of fourteen (14) clear days to exercise a right of withdrawal from the day after receipt of the products. Consequently, the customer can decide to return any product for exchange or refund. If this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the first working day following. No reason must be provided by the client. No penalty to be paid can be charged to the retracting customer. To exercise their right of withdrawal, the customer can send a withdrawal form by post to the following address: 112 avenue de Paris, 94300 Vincennes, France or by email to firstname.lastname@example.org
10.2 Limit on the right of withdrawal:
The right of withdrawal cannot be applied to damaged products and to products that have been opened, consumed partially or in whole, annotated, labeled or not in perfect condition for resale for reasons of hygiene or health protection. The right of withdrawal is valid only for deliveries in France and Europe.
10.3 Procedures for exercising the right of withdrawal (return of products):
In the event of exercise of the right of withdrawal, the customer must return at his expense, within fourteen (14) days following the communication of his withdrawal, the products with a copy of the order or invoice, to the intended address in the preamble. The products must be intact, complete and packaged in their original packaging. In accordance with the transfer of ownership, the risks linked to the return of the product, whatever the cause, fall to the customer. If the package is lost or damaged by the carrier during this shipment, the customer is solely responsible for it and cannot be reimbursed by Les Miraculous.
10.4 Refund of products subject to withdrawal:
The exercise of the right of withdrawal entails reimbursement of the sums paid by the customer when placing the order including shipping costs, at the latest within 28 days from the date on which this right was exercised. Les Miraculous reserves the right to postpone the reimbursement until receipt of the products.
All products supplied by Les Miraculous Professional 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, Les Miraculous undertakes, at the Customer's choice, to reimburse or exchange defective or non-corresponding products.
12. Cancellation clause
The resolution of the order in the cases provided for in these CGV will be pronounced by simple registered letter with request for acknowledgment of receipt (or by electronic letter) and will be automatically acquired without legal formality.
13. Pintellectual property
The products remain the property of Les Miraculous until full payment of the sale price by the Customer, even in the event of the liquidation of property, legal settlement or transfer of responsibilities. Failure to pay any of the due dates may result in the claim of the goods.
The elements reproduced on this site which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law. Any reproduction and distribution of these elements, without the prior written authorization of the publisher, exposes offenders to legal action.
14. Confidentiality of personal data
During the Customer's visits to the Les Miraculous site, information may be requested, in particular when creating the customer account. The requested information, marked with an asterisk, is mandatory. They are necessary for the processing of Client requests. The other information is optional and the Customer is free not to reply to it. This information is strictly treated in all confidentiality and is saved in a private database at Les Miraculous. In accordance with the law "Informatique et Liberté" n ° 78-17 of January 6, 1978, the customer has a right to access, modify or delete information concerning him. This right is exercised either by email (email@example.com), or by post to the following address: Les Miraculous, 112 avenue de Paris, 94300 Paris, France. The Customer may at any time withdraw his consent to the use of his personal data, according to the procedure mentioned above. Les Miraculous cannot be held responsible in the event of accidental deterioration, loss or "piracy" of personal data which could occur despite all the precautions implemented to ensure the confidentiality and security of the latter.
The personal data provided by the Customer may be used by Les Miraculous for commercial or informative purposes to personalize the products offered for sale, improve its promotional offers or innovate its range of products and send newsletters. Finally, Les Miraculous reserves the right to communicate the customer's telephone number or email address to the companies ensuring the delivery of the products ordered.
15. Applicable law
The drafting language of these T & Cs is French and they are subject to French law, regardless of the customer's nationality and the place of validation of the order. The site and the T & Cs of Les Miraculeux comply with French law, in particular Law No. 2014-344 of March 17, 2014 relating to consumption and Ordinance No. 2015-1033 of August 20, 2015 relating to the out-of-court settlement of consumer disputes, so that Les Miraculeux is not responsible for compliance with any foreign legislation.
Any dispute in connection with the interpretation or the execution of the present, falls under the exclusive competence of the French legal system governed by the Code of Civil Procedure.
Specifically, with regard to the provisions of article R 631-3 of the Consumer Code, in the event of litigation, the customer can seize at his choice, either one of the jurisdictions territorially competent under the code of civil procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.
OR In the event of a dispute, only the Paris Commercial Court will be competent.
17. Mediation clause
In accordance with the provisions of articles L 611-1 and R 612-1 et seq. Of the Consumer Code concerning the amicable settlement of disputes: When the Customer has addressed a written complaint to the professional and that he has not obtained satisfaction or response within two months, he can submit his complaint free of charge to the consumer ombudsman. The mediator must be contacted within a maximum period of one year from the initial complaint.
It is the responsibility in the event of damage or failure to make all the necessary observations and to confirm its reservations by extrajudicial documents or by registered letter with acknowledgment of receipt to the carrier or the routing service as soon as possible after receipt of the merchandise. Without prejudice to the arrangements to be made vis-à-vis the carrier, complaints about apparent defects or about the non-conformity of the product delivered in relation to the order placed or the dispatch note, must be made in writing within 14 days following receipt of said products. The complaint will be imperatively justified by all documents attesting to the reality of the vices or anomalies noted in order to allow Les Miraculous to carry out useful verifications and to provide the most appropriate responses.