Terms of Sales
Preamble
The Seller Fernandes Mikaël whose SIRET number is 90055526900019. Orders placed on the site www.mikwellness.com are subject to these general conditions of sale.
The Seller notably ensures the marketing of the aforementioned goods and / or services through the site www.mikwellness.com. The list of goods and services offered for sale online by the Seller can be consulted on the site available at www.mikwellness.com
The Seller reserves the right to modify these general conditions of sale at any time by publishing a new version on the Site. The general conditions of sale are those in force on the date of validation of the order.
The website user agrees that the photos of the Goods for sale on the website www.mikwellness.com have no contractual value.
Article 1: Definitions
The terms and expressions referred to below mean, when they are preceded by a capital letter, for the purposes of the interpretation and execution of these presents:
"Item": the Property (s) that were the subject of the Order;
"Good": any product offered for sale on the Site;
"Order": request for Goods or Services made by the Customer to the Seller;
"General Conditions of Sale": the general conditions of sale which are the subject of these presents;
"Delivery": shipment of the Item to the Customer;
"Delivery Method": refers to any standard delivery method available on the Site at the time of the Order;
"Price": the unit value of a Good or a Service; this value is understood to include all taxes and excluding Delivery Costs;
"Total Price": the total amount of the cumulative Prices of the Goods and Services which are the subject of the Order; this amount is inclusive of all taxes;
"All Inclusive Price": the Total Price to which is added the price of the Delivery Costs; this amount is inclusive of all taxes;
"Service": any service offered for sale on the Site;
"Site": Online sales site www.mikwellness.com used by the Seller for the marketing of its Goods / Services;
"Online Sale": marketing of the Goods and Services of the Seller via the Site;
Article 2: Purpose
The purpose of this Contract is to define the rights and obligations of the Parties in connection with the Online Sale of Goods and Services offered for sale by the Seller to the Customer.
Article 3: Scope
These General Conditions of Sale are reserved for consumers only, within the meaning of the law and case law, acting exclusively for their own account and domiciled in mainland France (Corsica included) as well as in Europe.
In accordance with Articles L. 111-1 and L. 111-4 of the Consumer Code, the essential characteristics and prices of Goods and Services sold electronically are available on the Site.
In addition, the Customer receives the information provided for in Articles L. 122-1 and L. 221-11 of the Consumer Code, before and after the conclusion of the sale and in particular by means of these General Conditions of Sale.
These General Conditions of Sale are applicable to all sales of Goods and Services by the Seller made through the French version of the Site. www.mikwellness.com .
The Customer declares to have taken cognizance of these General Conditions of Sale before the Validation of the Order within the meaning of Article 4. The Validation of the Order therefore constitutes acceptance without restriction or reservation of these General Conditions of Sale. These General Terms and Conditions of Sale are applicable to Orders made with a view to Delivery in mainland France (Corsica included) as well as in Europe.
Article 4: Ordering of Goods and Services and Stages of Conclusion of the Online Sale
In order to complete the Order, the Customer must follow the following steps:
1. Enter the address of the Site;
2. Follow the instructions of the Site and in particular, the instructions necessary to open a customer account;
3. Complete the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of the Goods and Services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods and Services from the beginning;
4. Check the elements of the Order and, if necessary, identify and correct errors;
5. Confirm the Order, the Total Price and the All Inclusive Price (the "Order Confirmation");
6. Follow the instructions of the online payment server to pay the All Inclusive Price.
The Customer then receives electronically and without delay a confirmation of acceptance of payment for the Order.
The Customer also receives electronically and without delay an acknowledgment of receipt confirming the Order (the "Order Confirmation").
The Customer receives electronic confirmation of the shipment of the Order.
Delivery will take place at the delivery address indicated by the Customer when ordering. When carrying out the various stages of the aforementioned Order, the Customer undertakes to comply with these contractual conditions by application of article 1366 of the Civil Code.
The Seller undertakes to honor the Order only within the limit of available stocks of the Goods. In the absence of availability of the Goods, the Seller undertakes to inform the Customer thereof.
However, in accordance with Article L. 122-1 of the Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, made in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.
Article 5: Price of Goods and Services and Conditions of Validity
The Price of the Goods and Services sold on the Site is indicated respectively by article and reference or by service and by reference.
At the time of Confirmation of the Order, the price to be paid is the All-Inclusive Price.
Connection costs inherent in accessing the Site remain the sole responsibility of the Customer.
The period of validity of the offers and prices is determined by the updating of the Site.
Article 6: Terms of Payment
Payment of the All Inclusive Price by the Customer is made through one of the following payment methods: credit card, PayPal.
The transaction is immediately debited from the Customer's bank card after verification of its data.
In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his bank card, the Customer authorizes the Seller to debit his bank card for the amount corresponding to the All Inclusive Price.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, if applicable, the numbers of the visual cryptogram.
In the event that the flow of the All-Inclusive Price is impossible, the Online Sale will be immediately terminated automatically and the Order will be canceled.
The Seller implements all means to ensure the confidentiality and security of the data transmitted on the Site. www.myelobeauty.com
Article 7: Delivery of the Order
7.1. Delivery method
The Customer chooses one of the Delivery Methods offered on the Site when placing the Order.
7.2. Delivery address
The Customer chooses a Delivery address in the country of his choice, under penalty of refusal of the Order. The Customer is solely responsible for a delivery defect due to a lack of indication during the Order.
7.3. Delivery Fee Amount
The amount of the Delivery Costs depends on the weight of the Order and the country of delivery chosen by the Customer. In any case, the amount of the Delivery Costs is indicated to the Customer before the Validation of the Order.
7.4. Delivery delay
The Delivery Times are available on the Site and may vary depending on the availability of the Goods which have been the subject of the Order.
The Delivery Times are understood in working days and correspond to the average preparation and delivery times of the Order in the Territory. They are by no means imperative.
The Delivery Times run from the date of Confirmation of the Order by the Seller.
7.5. Late delivery
In the event of late Delivery, the Order is not canceled.
The Seller informs the Customer by email that the Delivery will be delayed. The Customer may then decide to cancel the Order and will send the Seller a notice of cancellation of the Order by email.
In the event that the Order has not yet been dispatched upon receipt by the Seller of the Customer's cancellation notice, the Delivery is blocked and the Customer is refunded any sums possibly debited within fourteen days following receipt of the cancellation notice. In the event that the Order has already been shipped upon receipt by the Seller of the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller will then reimburse the sums debited within fourteen days of receipt of the return of the refused package, complete and in its original condition.
7.6. Delivery tracking
The Customer can follow the progress of the processing of the Order in the space reserved for this purpose on the Site.
7.7. Verification of the Order upon arrival
The Customer is required to check the condition of the packaging as well as the Items upon Delivery.
It is the Customer's responsibility to make the reservations and complaints he considers necessary, or even to refuse the package, when the package is clearly damaged on Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, which follow the date of Delivery of the Goods.
The Customer must also send a copy of this letter to the Seller. Failure to make a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the Commercial Code. The Customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-compliance of the Goods in kind or in quality with the specifications mentioned in the Delivery slip, the Customer must inform MyElobeauty by e-mail and return the Goods to the address indicated in the conditions of Article 9.
Article 8: Right of withdrawal
The Customer has a right of withdrawal which he can exercise within fourteen calendar days of the date of receipt or withdrawal of the Order. In the event that this period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
The Customer who wishes to exercise his right of withdrawal must return the Articles within the aforementioned period, in their original packaging, complete, new. Return costs are the responsibility of the Customer.
Article 9: Guarantee
All the products offered by the company Mikwellness on the site www.mikwellness.fr benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code.
In the event of non-compliance, the buyer may exercise these guarantees by sending his request to:
Mikwellness, 101 RUE CHARLES VAILLANT 77144, CHALIFERT
When the Buyer acts as a legal guarantee of conformity, he:
- will benefit from a period of two years from the delivery of the good to act;
- may choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- will be exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods.
The Buyer may also decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code and, in this case, he may choose between the termination of the sale or a reduction in the price. of sale in accordance with article 1644 of the Civil Code.
Article 10: Intellectual property rights
The MyElobeauty Seller's brand, as well as all figurative and non-figurative brands and more generally all other brands, illustrations, images and logos appearing whether or not they are registered, are and will remain the exclusive property of the Seller.
Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo.
Article 11: Data confidentiality
These personal data are intended for the company MyElobeauty, and cannot be transferred or rented to third parties without the express prior consent of the Customer.
MyElobeauty collects the following strictly necessary information for the purposes of executing the contract:
Civility,
Name,
First name,
Delivery address,
Billing address,
Mail address,
Phone number.
The Customer has a right of access, rectification, erasure and portability on all of his personal data and also has the right to limit the processing of his data as well as the right to object to their treatment. He may exercise his rights by sending an email or a postal letter containing all the supporting documents relating to his position (RCS / Directory of professions and identity card) to the attention of the data controller: Mikwellness
11.2 Cookies
Café au lait uses data collection systems such as cookies, in order to improve the Customer's order process.
The cookie is a computer file stored on the hard drive of the user's computer.
Cookies are used to report a previous visit of the user to the site and to link the Customer to his personal data left on the site, in particular as part of the identification of the order basket.
Article 12: Force Majeure
The performance by the Seller of its obligations under this Contract will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hamper or delay its performance.
The Seller will notify the Customer of the occurrence of such a fortuitous event or force majeure within 7 days from the date of occurrence of the event.
When the suspension of the performance of the Seller's obligations continues for a period of more than 30 days, the Customer has the option of terminating the current Order and the Seller will then reimburse the Order under the conditions referred to in Article 7.
Article 13: Complaints and amicable settlement of disputes
Under Article L. 612-1 of the Consumer Code "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable termination of the dispute between him and a professional."
Disputes falling within the scope of Article L. 612-1 of the Consumer Code are disputes defined in Article L. 611-1 of the Consumer Code, namely disputes of a contractual nature, relating to on the execution of a contract of sale or supply of services, between a consumer and a professional. The text covers national disputes and cross-border disputes.
For any difficulty, we invite you to contact us beforehand or to contact our after-sales service:
Mikwellness
Mikael fernandes
07.86.23.57.86
Only complaints relating to the Online Sale of Items will be taken into account.
Cross-border disputes:
European Consumer Center France:
europe-consommateurs.eu
You may, at your own expense, be assisted by counsel.
Article 14 Applicable law
This Contract will be governed by French law.
Article 15 Attribution of jurisdiction
Any dispute resulting from the formation, interpretation or execution of this Contract will fall under the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, notwithstanding multiple defendants or warranty claims.