General terms of sale and exchange
The Mavelle Paris merchant site is an e-commerce site accessible via the Internet and open to all users (hereinafter referred to as Internet users). It is operated by the company (hereinafter referred to as "Mavelle Paris").
The site offers information and the sale of textile products and accessories that Mavelle Paris manufactures (hereinafter referred to as "Products") to Internet users browsing the site www.mavelleparis.com (hereinafter referred to as the "Site").
For the application of the present conditions, it is agreed that the Internet user and Mavelle Paris will be collectively called the Parties and individually called a Party.
It is specified that the purchase of Products on the Site is possible for non-trading physical persons having the quality of consumers being over 18 years old and having full legal capacity.
The Site does not allow the purchase of Products with a view to their resale. In this respect, orders must not exceed thirty items or be of an abnormal nature. Any order of a product put on sale on the website implies the full and entire adhesion of the Customer to the present General Sales Conditions.
Mavelle Paris reserves the right to modify at any time the present General Sales Conditions by publishing a new version on the Website. The General Sales Conditions applicable are those in force on the Website at the date of the order.
These General Terms and Conditions of Sale govern the rights and obligations of the Parties arising from the online sale of Products offered on the Site. They form a contractual whole with the summary order form sent to the Internet User and apply to the exclusion of any other document. In the event of any contradiction or discrepancy between the terms of these two documents, the documents shall prevail in the following order:
- the summary order form, and
- these General Terms and Conditions of Sale.
Products
If you have any questions about the unavailability of a Product, you can contact customer services by clicking on the "Contact" link at the foot of the page. The photographs illustrating the Products are as accurate a reproduction as possible, but have no contractual value. Internet users are asked to consult the description of each product to find out its essential characteristics.
Ordering / Registration of the order
Product offers are subject to availability. In practice, to order the Products he/she has chosen, the Internet User must identify him/herself after clicking on "Order". The automated order registration system is considered as proof of the nature, content and date of the order. The Internet User must accurately complete the form made available to him/her, on which he/she must provide the information necessary for his/her identification, including in particular a valid e-mail address and a password of his/her choice, which he/she will subsequently use to identify him/herself on the Site. The Internet User is solely responsible for keeping his/her password confidential. The Internet User alone shall bear the consequences that may result from any use of the password by third parties who may have become aware of it. The Internet User accepts that entering these two identifiers constitutes proof of his/her identity. The information collected is strictly confidential and will be processed in accordance with the brand's confidentiality policy and applicable regulations. The Internet User acknowledges having read, at the time of ordering, the terms and conditions of sale set out in these terms and conditions, and expressly declares that he/she accepts them unreservedly. Once the order has been placed, a summary of the order is sent to the Internet User.
Special orders
Mavelle Paris offers a made-to-measure service for some of its creations. This option is mentioned in the product description and then in the choice of sizes. You will then need to specify your measurements. In this case, delivery may take between 2 and 3 weeks.
Order validation
Once you have read the summary order form, checked its contents and corrected any errors.
Any acceptance of the order signed by the Internet User with a second "click" constitutes an electronic signature. This signature has the same value between the Parties as a handwritten signature. The order form will be recorded on Mavelle Paris's computer registers, themselves kept on a reliable and durable support, and constitutes an irrevocable order which can only be questioned within the limits of the present general sales conditions. Mavelle Paris reserves the right not to validate the order in case of :
- Exceeding the ceiling indicated in the preamble (30 items per order and/or abnormal nature of the order),
- Abnormal or abusive exchanges or returns
- Existing dispute(s) with the Internet User,
- Total or partial non-payment of a previous order by the Internet User,
- Refusal by banking organisations to authorise payment by bank card.
The price payable by the Internet User is the amount indicated on the summary order form. The Internet User pays for his/her order:
-by credit card (Paypal and Stripe) in accordance with the provisions of this article.
Mavelle Paris commits to send the goods as soon as payment is received.
After the payment, a summary of the order is sent by e-mail to the indicated e-mail address, as an acknowledgement of receipt of the Internet User's order. If a product is unavailable after the order has been validated, the Internet User will be informed by e-mail no later than 5 days after the order has been validated. The Internet User will have the choice of delivery of a product of equivalent quality and price; we do not make refunds.
Price - Transfer of ownership
Prices are indicated in Euros, inclusive of all taxes, excluding preparation and delivery costs, and are valid for the territories concerned. Products will be invoiced on the basis of the price list in force on the date the order is validated. The Value Added Tax is that in force in mainland France on the day the order is placed. The costs of preparation and delivery are communicated to the Internet User on the Site at the following address: www.mavelleparis.com Any order placed and delivered outside France may be subject to possible taxes and/or customs duties on arrival at its destination. These possible customs duties and/or taxes linked to the delivery of the order outside the French territory, are the responsibility of the Internet User. Mavelle Paris is not obliged to check or to inform the customer of the duties and taxes applicable in the destination country. The price is payable at the choice of the Internet user : - either cash, in totality at the day the order is placed by the Internet user, - or in three times without expenses, the first instalment being due at the day the order is placed by the Internet user, and the two other instalments being due according to the modalities and the periodicity appearing in the summary order form. To make your payment by bank card, you are automatically transferred to Stripe's electronic payment server.
Stripe's server is secured by encryption in order to protect all data relating to payment methods. Stripe monitors its platform and the transactions submitted to it 24 hours a day, 7 days a week. It is specified that at no time, your banking data transit on the Mavelle Paris computer system.
The transfer of ownership of Mavelle Paris's products to the Internet User will only take place after full payment of the price by the latter. Any costs and/or taxes linked to the delivery of the order are the responsibility of the customer.
Delivery
Mavelle Paris will do its best to deliver the order by parcel post within a maximum average delay of 15 working days from the acknowledgement of receipt of the order. It is specified that orders placed on the Site on Friday afternoons from 1 p.m., Saturdays or Sundays will be processed on the following Monday.
Orders placed on the Site on a public holiday will be processed on the next working day. These delivery times are given as an indication only and any delay shall not give rise to any damages, withholding or cancellation of the order by the Internet User. However, if the ordered Products have not been delivered (within 7 days) after the indicative delivery date, for any other reason than force majeure, transport strike and/or postal service strike, the sale can be cancelled at the written request of the Internet User or Mavelle Paris. The sums paid by the Internet User will then be refunded (by cheque or bank transfer) within a maximum of 30 days, excluding any compensation or deduction. The products ordered by the customer will be delivered only on the territories defined in the article 2 above. Mavelle Paris declines any responsibility in case of delivery delay, due to postal services or means of transport. Delivery may not be assured in case of force majeure. The Internet user has to check the state of the delivered products. In the event of loss of the products ordered or damage suffered during delivery, the customer must make a reasoned complaint to customer services within 15 days, accompanied by all relevant supporting documents, to the following e-mail address: mavelleparis@gmail.com.
After this period and if these formalities have not been respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by Mavelle Paris. Mavelle Paris will replace, as soon as possible and at its own cost, the delivered Products whose apparent defects or lack of conformity have been duly proved by the Internet User.
Right of withdrawal
In accordance with Article L121-16 of the French Consumer Code, the Internet User has a period of fifteen working days from the date of receipt of the Products to return the Products ordered, at his/her own expense and without giving any reason. In order to be returned, the Products must not have been worn or washed. For obvious reasons of hygiene, returns of "stockings" (thong, tanga, panties, shorts, boxer shorts...) will only be accepted if they do not show any trace of soiling or signs of use. Mavelle Paris reserves the right to refuse a product considered as not resaleable in its current state. Mavelle Paris is the only one able to check the condition of these products and its opinion is the only one to be considered as authoritative. The purchaser who returns the Product within this time limit has the right to reimbursement of the Products ordered, the return costs being at the purchaser's expense. Purchasers who have exercised their right of withdrawal may, however, opt for an exchange. To exercise this right of withdrawal, you must contact customer services by e-mail at mavelleparis@gmail.com and follow the procedure that will be communicated to you.
Within 10 days of exercising your right of withdrawal, you must return the Products making up your order in perfect condition, unused and in their original packaging, it being understood that the cost of return remains at your sole expense, except in the event of a proven lack of conformity or hidden defects in the Product. Custom-made creations cannot be returned, exchanged or reimbursed once the order has been finalised by the Customer. In the event that the return is refused on the grounds that the Products have become unfit for resale, the Products will be returned to the Customer as is, only after the Customer has paid the return shipping costs. The Products must be returned in their original packaging, with the labels neither cut nor removed, to the following address: 30 rue Mathieu 93400 Saint-Oeun France.
Under no circumstances may the Products be taken back by a retailer or point of sale. If the above conditions are met, the price of the Products will be refunded within fourteen days of receipt of the return.
Liability and Warranty
The Internet User is solely responsible for the choice of Products, their maintenance and their use.
All Products are covered by the legal guarantee of conformity set out in Articles L. 211-4 et seq. of the French Consumer Code, as well as the guarantee against hidden defects set out in Articles 1641 et seq. of the French Civil Code, provided that they have been used normally and that the maintenance advice has been followed. In accordance with Article L211-4 of the French Consumer Code, the seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. Mavelle Paris will not be considered as responsible or defaulting if it proves that any delay or non-execution is consecutive to the occurrence of a case of force majeure usually recognized by the French jurisprudence, or is attributable to the Internet user or to the unforeseeable and insurmountable act of a third party to the contract.
Legal warranties
The Products sold by Mavelle Paris are subject to the conditions of legal guarantees provided by articles L.217-4 to L.217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees: Mavelle Paris will refuse any claim concerning Products which have been used inappropriately. Any claim concerning the Products as such and not related to the delivery must be formulated by email to the address followed by a written confirmation sent by registered letter with acknowledgement of receipt to the customer service at the following address. *Legal guarantee of conformity: Mavelle Paris will deliver to the Customer a Product in conformity with the contract and free of defects of conformity at the time of the delivery of the aforementioned Product, in the sense that the Product will be suitable for the use usually expected of a similar good and that it will present the characteristics presented at the time of the sale. Mavelle Paris is also responsible for the defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at its charge by the contract or has been carried out under its responsibility.
Legal guarantee against hidden defects
Mavelle Paris will deliver to the Customer a Product free of hidden defects which would make it unfit for the use for which it is intended, or which diminish so much this use, that he would not have acquired it, or would have given only a lesser price, if he had known them. These guarantees will only come into effect if the Customer makes the request within 24 months of delivery of the Product (in the case of the legal guarantee of conformity) or discovery of the defect (in the case of the legal guarantee against hidden defects). Conformity defects that appear within 24 months of delivery are presumed to have existed at the time of delivery, unless proven otherwise. In case of non-conformity recognised on a Product sold by Mavelle Paris, the Customer will be able to choose between the repair and the replacement of the Product, except if one of these choices involves a manifestly disproportionate cost for Mavelle Paris. If the repair or replacement of the Product is impossible, the Customer can have the price paid refunded and return the Product or keep the Product and have part of the price refunded, unless the lack of conformity is minor. In case of hidden defect recognized on a Product sold by Mavelle Paris, the Customer will have the choice to return the Product and to be refunded the price and the expenses caused by the sale or to keep the Product and to be refunded a part of the price.
In case of lack of conformity and/or hidden defects recognized by Mavelle Paris, if it is decided to return the Product, the Customer will have to send it to the following address: 30 rue Mathieu 93400 Saint-Ouen.
The Customer will have to obtain beforehand from the customer service contacted via the email : mavelleparis@gmail.com a number of return as well as any precision relative to the expedition.
No parcel will be accepted without a returns number. This number must be legibly written in marker on the parcel.
These general terms and conditions of sale and the order confirmation sent to the customer form a contractual whole and constitute the entire contractual relationship between the parties. This contract is subject to French law. In the absence of an amicable solution, the French courts shall have sole jurisdiction.
Applicable law - Jurisdiction
This contract is subject to French law. In the absence of an amicable solution within a period of 2 months, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, performance, consequences and consequences thereof, shall be subject to the jurisdiction of the competent French courts.
Partial invalidity
If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.