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TERMS AND CONDITIONS
PREAMBLE
IT COLLECTION S.A.S, a company with a capital of 100,000 euros, whose registered office is located at 3 rue de siam in Paris XVI (France), registered with the Paris Trade and Companies Register under number 831 344 061, is engaged in the creation, production and commercial exploitation of the MUSIER PARIS brand.
These General Terms and Conditions of Sale are intended to define the rules applicable in connection with the sale of products branded MUSIER PARIS (hereinafter "the product (s)") on the site,
Between
The company IT COLLECTION
And
Any natural person of full age, not a merchant, having the legal capacity to contract, exclusively domiciled in the countries delivered by www.musier-paris.com (hereinafter referred to as "the Customer") making a purchase of a product on the site.
For the purposes hereof, it is agreed that the customer and IT COLLECTION shall be collectively referred to as the "Parties" and individually referred to as the "Party".
These General Terms and Conditions govern without restriction the sales of products made by IT COLLECTION on behalf of MUSIER PARIS from the site. IT COLLECTION reserves the right to modify these General Terms and Conditions at any time by publishing a new version on the site. The applicable General Terms and Conditions are those in force on the site on the date the order is placed by the customer; it being specified that any order for a product offered on the site implies the customer's full and complete adherence to the General Terms and Conditions in force at the time the order is placed.
Article 1 - Object
The purpose of these General Terms and Conditions is to define the conditions under which the products are marketed by IT COLLECTION to the customer. They thus regulate the various stages of the sale since the placing of the order by the customer.
Article 2 - Products
The products offered for sale by IT COLLECTION under the name of MUSIER PARIS are those appearing on the site on the day of its consultation by the customer. Each product is the subject of a descriptive sheet which, in addition to the photograph, will contain it: Price, available sizes and colours, composition and special features. Minimal differences between a product and its photograph may exist, depending in particular on the resolution and colour definition of the user screen. IT COLLECTION undertakes to deliver products that comply with current regulations relating to the safety and health of persons in accordance with European provisions, and in particular with the legislation on regulated chemical substances.
Article 3 - Prices
Prices are indicated by default in Euros but can be displayed in USD on request. The prices are inclusive of all taxes, excluding delivery costs; it being specified that the VAT is the one in force on the French metropolitan territory on the day of the validation of the order. Delivery costs are communicated to the customer on the summary of the order before the validation of the latter and are expressed all taxes included. These costs are borne by the customer and are invoiced in addition to the selling price of the products. The transfer of the risks of loss and deterioration of the products will be carried out after delivery and reception of the products by the customer. We reserve the right to change our prices at any time but we undertake to apply the prices indicated on the site at the time of placing the order. We inform you that in the event of the display of an erroneous, obviously derisory price (vile price), for any reason whatsoever (computer bug, manual error, technical error), the order - even if validated by us - will be cancelled, which we will inform you as soon as possible. You will then be able, if you wish, to place your order again at the corrected and exact price.
Article 4 - Order and payment of products
-4.1 Placing an order
The customer materializes his order by completing the following 5 steps
- Step 1: the customer selects the selected products and adds them to his first basket after having selected the desired size and color. The shopping cart at the top right of the screen informs the customer that he or she has taken the selections into account by indicating the number of products it contains.
- Step 2: the customer checks the contents of his basket by clicking on "order" in order to have access to the summary of his order. The customer can then modify his order "product, size, quantity". The total amount including VAT of the order, distinguishing on the one hand the price due for the products, and on the other hand the delivery costs, is then indicated in the summary.
- Step 3: once the order has been verified and if necessary modified, the customer validates his basket in order to finalize his order by clicking on "order" again. If the customer has an advantage code, reserved for the best customers, he must enter it in the space provided for this purpose before he can benefit from it.
- Step 4: entry by the customer of delivery and invoicing details: all fields are necessary for the finalization of the order; it being specified that unless otherwise specified by the customer, the invoicing address will automatically be the same as the delivery address. If the customer has already placed an order on the site, he has a customer account. In such a case, he or she will only identify himself or herself with his or her e-mail address and password. The customer then checks all the information and clicks on "validate" to continue his order.
- Step 5: entry of bank details: the customer will then access the secure payment screen of the partner of IT COLLECTION as specified in Article 4.3 below. Payment is made online by credit card and Paypal only. The customer must enter his credit card number, its validity date and the 3 numbers of the visual cryptogram on the back of his card. If payment is accepted, the customer will be redirected to an order confirmation screen on the site. In the event of unsuccessful payment, the customer will have up to 3 attempts to re-enter his bank details. After the 3rd refusal, the customer will be redirected on the site to a screen indicating the refusal of payment. The customer will then be invited to contact MUSIER PARIS customer service to find out why and together find a solution to finalise the customer's order.
-4.2 Confirmation of the order
As soon as the customer accepts payment, the customer will receive an e-mail confirming his order, summarizing all the items ordered, the billing and delivery address as well as the delivery date. The validation of the order by the customer and the confirmation of the order sent to the customer by e-mail by IT COLLECTION under the name of MUSIER PARIS following the acceptance of the payment, which constitutes the conclusion of a sales contract between the parties and acceptance of the General Terms and Conditions. The customer who has placed an order will be able to print his invoice by connecting to the site in the "order tracking" area provided for this purpose. IT COLLECTION reserves the right not to validate the order in case of:
. abnormal or abusive complaints
. orders that are abnormal in relation to the quantities ordered
. abnormal or abusive exchanges and returns
. existing dispute with the client
The customer service of the MUSIER PARIS website is at the customer's disposal for any questions relating to his order. Customer service is available by email: customer@musier-paris.com.
-4.3 Payment
The price of the products purchased is payable in cash, in full on the day the order is placed by the customer. Payment is made online by credit card (credit card, Visa, Mastercard) or Paypal at the time of validation of the order by the customer. The request for authorization to withdraw the card is made at the time of validation of the order on the site, except in the event of unavailability of the servers. IT COLLECTION reserves the right to request a direct debit authorization in the event that the first request could not be successful due to server unavailability. In the event of a default in payment, an incorrect address or any other problem on the customer's account, IT COLLECTION reserves the right to block the customer's order until the problem is resolved. In case of fraudulent use of his credit card on the site, the customer is invited to contact the customer service customer@musier-paris.com. IT COLLECTION implements all the necessary means to ensure the confidentiality and security of the banking data transmitted on the site. The site is equipped with a system to secure online payments allowing you to encrypt your bank details. Payment information is transmitted according to the highest security standards. The transmission of your banking data is guaranteed by our partner: PAYPLUG. All information exchanged to process the payment is encrypted using SSL protocol. This data may not be detected, intercepted or used by third parties. At no time do the customer's financial data transit on the IT COLLECTION computer system. PAYPLUG checks that the connection with the customer's browser is secure before sending the payment form to the banking institution that carries out the financial transaction. As PAYPLUG is a technical service provider, it does not handle disputes related to orders, which are handled directly by customer service as specified above or, where applicable, by the customer's bank.
-4.4 Archiving the order
The order confirmation is recorded in IT COLLECTION's records, which are themselves kept on a reliable and durable medium. The customer accepts that the order confirmation is considered as proof of the contractual relationship between the parties.
Article 5 - Delivery
IT COLLECTION will deliver orders accompanied by a delivery note within a maximum period of 6 working days* for delivery to metropolitan France and 20 working days to any other destination, starting from the day following payment of the order. Any order placed on the site from Monday to Friday before 1pm will be processed the same day; after 1pm, it will be processed the following day. All orders placed on Friday after 1pm, Saturday and Sunday will be processed on the following Monday; it being specified that orders placed on a public holiday will be processed on the following day. In the event of exceeding the delivery time, not justified by a case of force majeure, the customer may request the resolution of the sale and obtain within a maximum period of 30 days the refund of the sums paid at the time of the sale. For orders outside France, when the package intended for export arrives at destination, it will be the responsibility of the recipient to pay the taxes or customs duties that apply to the country of destination. Local authorities can provide you with useful information.
*During the launch period, order preparation times are extended. It takes up to 10 business days
Article 6 - Receipt of the order - Claims-Return
The customer is obliged to check the conformity of the products received in execution of his order at the time of delivery. Any anomaly concerning the delivery such as:
. damaged packages,
. missing products,
. deteriorated products,
. products not in conformity with the order,
Must be notified within the legal deadlines following receipt of the order. This notification will be sent to the customer service of the MUSIER PARIS website either:
. by registered mail, by writing to the following address: IT COLLECTION - 3 rue de Siam - 75116 Paris.
. by e-mail to customer@musier-paris.com
After this period and except for hidden defects, no complaint will be accepted by IT COLLECTION, the products being then considered compliant. For any return of a non-compliant product, the customer must comply with the following procedure:
. the customer must attach to his package the return form from the customer service mentioning the return number assigned
. the products must be returned either in their original packaging or in packaging that protects the product against any deterioration, with their label and any accessories allowing them to be re-marketed, to the following address:
IT COLLECTION c/o KAIROS LOGISTIQUE - MUSIER PARIS - 17/21, rue de la ferme St Ladre - Entrepôt CIE - 95470 St Witz - France
. the risks and costs of return are the exclusive responsibility of the customer.
When the non-compliance has been found, IT COLLECTION will offer the customer a refund of the price of the order (price of the products and delivery costs) as well as the costs of returning the non-compliant product, at the latest within 30 days from the date of sending the notification of confirmation of the non-compliance by the customer service of the site. In the event of a refund, IT COLLECTION will ensure the refund of all products made compliant, as well as the shipping costs incurred, with the exception of taxes and customs paid by the customer upon delivery. Cash on delivery returns are not accepted. Upon receipt of a non-compliant item, IT COLLECTION will cover the cost of returning it by post.
Article 7 - Right of withdrawal
The customer has 15 days from the date of receipt of his order to return the ordered products without justification or penalty. For any return under the right of withdrawal, the procedure below must be fully respected:
The customer must attach to his package the return form from the customer service mentioning the return number assigned. The products must be returned in their original packaging, with their label and any accessories, in perfect condition to: IT COLLECTION c/o KAIROS LOGISTIQUE - MUSIER PARIS - 17/21, rue de la ferme St Ladre - Entrepôt CIE - 95470 St Witz - France. The risks and costs of return are the exclusive responsibility of the customer. Subject to the above-mentioned conditions, IT COLLECTION will refund the amount including VAT of the order to the customer (product price and delivery costs) excluding return costs. The customer's bank account will be credited with this amount within 30 days of receipt of the products by IT COLLECTION.
Article 8 - Personal data
IT COLLECTION receives a certain amount of information necessary for order processing. This data is not only necessary for the processing of the customer's order by IT COLLECTION, but also to communicate to the customer information about the brand MUSIER PARIS, on the site or to make him benefit from commercial offers MUSIER; if the customer accepts it by validating his order. The information is strictly confidential and is indicated by an asterisk when necessary for IT COLLECTION, and/or its service providers as part of the customer's order management. Following any injunction from the legal authorities or in order to defend its rights or those of its employees, customers or any other person, IT COLLECTION may communicate this data to the legally authorised bodies and authorities. IT COLLECTION undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the customer's personal information from being distorted, damaged or accessed by unauthorised third parties. The customer's personal information is sent to and stored at the site's host located in France, whose contact details are provided on the site under the heading "Legal Notice". In accordance with the "informatique et liberté" law of 6 January 1978, as amended by the law of 6 August 2004, the customer has the right to access, rectify, modify and delete data concerning him/her. The site is registered with the National Commission for Information Technology and Liberties-CNIL under number 2148964v0. The customer can exercise this right by sending a letter to the following address or by email specifying his name, first name, email and postal address: IT COLLECTION / Musier - 3 rue de Siam - 75116 Paris - France; customer@musier-paris.com
The customer can also change his personal details from his customer area by logging in using his email address and password.
Article 9 - Cookies
In order to process the customer's order and in order to better understand his needs and personalize the services offered on the site, IT COLLECTION uses cookies. The cookie is a computer file, stored on the hard disk of the customer's computer, which is used to report the customer's visit to the site. Cookies memorize the time the customer visits the site, his identity and the content of his basket. Once disconnected from the site, this information is stored for 30 days before being permanently deleted. The customer can oppose the recording of cookies by configuring his internet browser. He then loses any personalization of the service offered to him on the site.
Article 10 - Limitation of liability
Placing an order on the site implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, information requests or transfers, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all risks related to the use of the Internet network. IT COLLECTION cannot be held responsible for any direct or indirect damage resulting from misuse or incident related to the use of the computer, Internet access, maintenance or malfunction of servers, telephone line or any other technical connection, the customer's connection to the site being under its sole responsibility.
Article - 11 Force majeure
IT COLLECTION shall not be liable for the total or partial non-fulfilment of its obligations under the order placed by the customer, if this non-fulfilment is caused by an event constituting a case of force majeure as defined by positive law. In such a case, the customer service will inform the customer of the occurrence of such an event within 3 clear days following its occurrence, by e-mail. After a period of one month and in the event that the event constituting a case of force majeure persists, the order will be cancelled and will be subject to a refund of IT COLLECTION on the credit card used to place the order within a maximum period of 30 days.
Article - 12 Applicable law
If any of the terms of these General Terms and Conditions of Sale are found to be invalid, illegal or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale shall remain in force. The General Terms and Conditions are executed in accordance with French law. In the event of disputes, the client addressed IT COLLECTION as a priority to obtain an amicable solution and in the absence of an agreement, the ordinary courts will have sole jurisdiction.