MIC MAC, SAS

with capital of €50,000 40 rue Paul Valery

75116 Paris - France

Telephone: 02 54 31 49 49

E-mail (*): contact@micmacsttropez.com

RCS Paris n° 891 116 519

Date of last update: March 6, 2022

 

TERMS OF SALES AND USE OF THE SITE MICMACSTTROPEZ.COM

Article 1: object

These conditions (hereinafter the "General Conditions of Sale") govern sales by MIC MAC (hereinafter "MM" or "we"), acting under the brand MIC MAC (pronounced "MM"), whose registered office social is located at 40 rue Paul Valery 75116 Paris (France), clothing, accessories, shoes, perfume (hereinafter the "Products"), on the online store micmacsttropez.com (hereinafter the "Online Store" ), as well as the use of the Micmacsttropez.com site (hereinafter the “Site”).

A detailed description of the Products is available when individually viewing each of them on the Online Store.

The use of the online sales process described in these General Terms and Conditions of Sale is reserved for consumers acting exclusively for their own account. The Products are therefore not intended to be resold.

Any order on the Online Store implies full acceptance of the General Conditions of Sale by the customer who makes a purchase there (hereinafter the "Customer" or "you"). These General Conditions of Sale may be subject to modifications at any time, the applicable General Conditions of Sale being those that the Customer accepts when placing his order.

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence.

 

Article 2 – Sale of Products

We reserve the right to discontinue the sale of any Product at any time. Any offer of Products made on the Site is void where prohibited.

 

Article 3 - Prices

The prices of our Products are indicated in euros, unless otherwise indicated.

For buyers located in a country belonging to the European Union, the prices appearing on the Online Store are indicated inclusive of all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated.

For buyers located in a country that does not belong to the European Union, the prices appearing on the Online Store are indicated excluding taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated.

The total cost of your order includes:

• The price of the Product purchased (including any applicable taxes depending on the case, and management fees)
• Processing and shipping costs.

In the event of an order to a country other than metropolitan France, you are the importer of the Product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of MIC MAC. Please note that we have no control over these taxes and cannot predict their amounts.

They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.

All orders, whatever their origin, are payable in euros.

MIC MAC pays the utmost attention to the accuracy of prices in the Online Shop. However, in the event of an error on our part, we reserve the right not to supply the Products whose price is manifestly incorrect.

MIC MAC reserves the right to modify its prices at any time and without notice, but the Products will be invoiced on the basis of the price in force at the time of the validation of the order and subject to availability.

The Products remain the property of MIC MAC until full payment of the price.

Please note: as soon as you take physical possession of the Products ordered, the risk of loss or damage to the Products is transferred to you.

 

Article 4 – Orders

You can order online at micmacsttropez.com.

The Products offered for sale on the Online Store are described and presented with the greatest possible precision (specifications, illustrations, size, composition, etc.). However, the Customer is invited to refer to the description of each Product, available by clicking on each "Product Sheet", in order to know its properties and particularities, in particular as regards the characteristics sought, the choice and the purchase of a Product being placed under its sole responsibility.

The contractual information is presented on the Online Store and will be subject to confirmation in accordance with the procedures provided for in Article 5.

MIC MAC reserves the right not to register a payment, and not to confirm, in whole or in part, an order for any reason whatsoever, and more particularly in the event of a supply problem, or for any abnormal order or passed in bad faith. In addition, we reserve the right to refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

Despite all the care we take in presenting the Products on our Online Store, we cannot guarantee that their actual appearance (color, patterns, texture, etc.) exactly matches how they look on screen.

 

Ordering Products as a guest: if the Customer has not created an account on the Site, he may purchase Products on the site as a guest. Under this method of purchase, the Customer will only have to provide the data necessary to process his order.

In the event of a change in the Customer's email address during the ordering process, the selection of the Products chosen before this change will no longer be guaranteed. The Customer will be invited to resume his selection of items from the start.

 

Article 5 - Validation of your order

To finalize his order, the Customer:

• Must confirm their delivery and billing address, or indicate a new delivery and/or billing address.
• Must read these T&Cs and explicitly accept them by checking the box "I have read and I accept the Terms

General Sales” before proceeding to the payment of his order.

• Is then invited to pay the amount of his order by clicking on the "Order" button (for the Stripe payment method) giving access to the secure payment of his order.

Once the payment has been confirmed, the Customer receives, immediately and at the latest before delivery, an e-mail confirming his order, mentioning in particular the order number and the details of the Products ordered.

The Customer formally accepts the use of electronic mail for confirmation by MM of the content of the order.

All the data provided and the recorded confirmation will constitute proof of the transaction.

The order confirmation will constitute signature and acceptance of the operations carried out.

A summary of the information of your order and of these General Conditions of Sale will be sent to you in PDF format. via your order confirmation email address.

 

Article 6 - Deliveries

Your Products will be delivered to the shipping address that you provided to us when placing your order. Except in special cases or unavailability of one or more Products, the Products of the same order will be delivered in one go.

We deliver in France and the rest of the world, with the exception of the following countries:

• North Korea
• Cuba
• Iran
• Lebanon
• Libya
• Somalia
• Sudan
• Syria

For deliveries in France or Europe, your order will be shipped by the carrier designated by us. The deadlines which may be communicated to the Customer by the carrier are indicated under the sole responsibility of the carrier. In accordance with the provisions of the Consumer Code, the delivery of the items ordered will in any case take place no later than 30 days from the order, subject to full payment of the price and unless otherwise agreed with the Customer, in particular in case of special order or order on estimate.

If your delivery address is difficult to reach or isolated, for example on outer islands or other remote destinations, it is possible that we are unable to deliver the order to you at this address, or that the delivery results in payment of shipping costs, in addition to the price of the Products, in accordance with article 7 below. If this applies to you, you will be notified before we accept your order. Orders cannot be delivered to PO boxes or similar addresses.

If, upon delivery, the external appearance of the package is not perfect, we invite you to open it in the presence of the carrier in order to check the condition of the Products delivered. In the event of damage to the Products, please detail them precisely on the delivery note.

On delivery, the invoice will confirm the total price paid, with details (Product price and delivery costs, if applicable).

In accordance with the legal provisions, in the absence of delivery within 30 days of the order or according to any other period agreed between MM and the Customer (and subject to full payment of the price), you benefit from the possibility of canceling the order within terms and conditions defined in article L 2162 of the Consumer Code. The contract is considered resolved upon receipt of your letter or the writing informing us of this cancellation, unless you have been delivered in the meantime. In accordance with article L216-3 of the Consumer Code, we will proceed with the reimbursement, at the latest within fourteen days following the date on which the contract was terminated.

 

In the event of deliveries by a carrier, MIC MAC cannot be held responsible for late delivery due exclusively to the unavailability of the Customer after several appointment proposals.

 

Article 7- Shipping costs

Standard delivery costs (standard shipping by carrier with tracking) are included in the sale price of the Products offered on the Online Store.

Any shipment other than standard delivery, or any shipment to a delivery address that is difficult to access or isolated, may give rise to the payment of delivery charges, which will be invoiced to the Customer in addition to the price of the Products.

Article 8 – Payment

The fact of validating your order implies for you the obligation to pay the indicated price.

Payment for your purchases is made by credit card using the secure STRIPE system.

Payment can also be made through APPLE PAY and GOOGLE PAY services.

Certain Products offered on the Site may be ordered by quotation. In this case, MM may request payment by bank transfer from the Customer.

You pay the total cost of the order in one payment.

The debit of the card, or the payment by APPLE PAY or GOOGLE PAY, is made when the Customer places the order.

An invoice will be sent to you, with the Products ordered.

In the case of payment by bank card, the Customer warrants to MIC MAC that he is the holder of the bank card used for the payment and that the name appearing on this bank card to be debited is indeed his, and/or that he is authorized to use the bank card used for the payment, then communicates in a secure environment on the internet, the number and the expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or on the front) of their credit card.

In the context of internet payments, the check will be carried out online with the competent banking establishments and organizations, questioned via the STRIPE company system. This company, based in the United States, will carry out for this purpose the storage and automated processing of information relating to each order, including bank card details, in a secure environment.

In addition, in order to fight against internet fraud, MIC MAC is likely to implement processing relating to risk assessment and the prevention of payment fraud for purchases on the Site, for which MIC MAC also uses to the company STRIPE. The data collected is intended only for authorized persons in charge of the fight against fraud within MIC MAC.

In the event that, for any reason whatsoever (objection, refusal of the issuing centre, etc.), the debit of the sums owed by the Customer proves impossible, the online purchase process will be immediately cancelled.

 

Article 9 – Withdrawal/Return

In accordance with the provisions of articles L.221-18 and following of the Consumer Code, you have a withdrawal period of 14 days from receipt of your Products to exercise your right of withdrawal without having to justify reasons or to pay a penalty. On the other hand, we do not practice exchange.

You must exercise your right of withdrawal by informing us of your decision to withdraw by sending, before the expiry of the period provided for above, the withdrawal form presented below or any other statement, unambiguous , expressing the desire to withdraw.

When the 14-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.

In the event of exercise of the right of withdrawal, the costs of return are the responsibility of the Customer.

The Product must be returned without undue delay and, at the latest within fourteen days following the communication of the Customer's decision to withdraw.

Each Product must be returned new with its original packaging. In the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product, MM reserves the right to refuse reimbursement of the Product. MM will not make any refund if the Products returned by the Customer do not correspond to the Product(s) ordered or have an origin other than the Online Shop.

We will refund the returned Products, in accordance with the terms provided above, as well as the delivery costs paid by the Customer by crediting the bank card or the APPLE PAY or GOOGLE PAY account used for payment. In the event of partial return of the Products, any delivery costs will not be reimbursed by K insofar as the Customer will have benefited from the delivery service for the Products kept.

We will refund within a maximum period of 14 days following the date on which we acknowledge receipt of the returned Products and if they are declared compliant after our quality control.

A confirmation email will be sent to you once the returned Products have been received and your refund has been processed. You will be the only one who can exercise this right of withdrawal. If you have requested that the order be delivered to a third party, this right cannot therefore be exercised by the recipient of your order. The return form below or the one offered on the site must be attached to the returned product.

 

Withdrawal form:

To the attention of Returns MIC MAC Berry Services Le Fay Activities Area 36230 Neuvy-Saint-Sepulchre France E-mail: [•]   I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the Products below:   Ordered on (*)/received on (*):   Name of consumer(s):   Address of consumer(s):

Signature of the consumer(s) (only in case of notification of the

this form on paper):   Date :   (*) Strike out the useless mention.

Article 10 - Availability

Our Products are offered as long as they are visible on the Site and within the limits of available stocks. Certain Products may only be available in limited quantities.

In case of Product unavailability after placing your order, we will notify you by email. Your order will be automatically canceled and the corresponding payments will be refunded to you.

Furthermore, MIC MAC is not intended to sell its Products in large quantities. It is recalled that purchases made on the Online Store are reserved for non-professional private individuals for their own use (or for gifts within the family circle); this is why MIC MAC only sells its Products in quantities corresponding to the usual average needs of a household.

In accordance with Article L121-11 of the Consumer Code, MM reserves the right to refuse or cancel for legitimate reason any order for which the number of Products or the amount to be paid (for one or more combined orders) does not would not correspond to the usual average use of a household, any order which would suggest that an economic activity is carried out by the Customer in connection with the items ordered or more generally, any abnormal order within the meaning of the case law applicable in the matter .

 

Article 11 – Warranty

You must ensure that the Products delivered to you correspond to your order. In the event that the Products delivered do not comply with your order, you must inform us by e-mail at [e-mail: • ] or by telephone at [number: 02 54 31 49 49] and return the or the Product(s) in question at:

Returns MIC MAC

Berry Services

Le Fay Activities Area

36230 Neuvy-Saint-Sepulchre

France

 

The Products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions, etc.). Any return costs will be reimbursed upon presentation of the corresponding receipts.

The Products presented on the Online Store are subject to the conditions of the legal guarantees of conformity provided for in particular in Articles L.217-4, L.217-5, L.217-7 and L.217-12 of the Consumer Code. So if the Product is unsuitable for the expected use, you have 2 years from delivery of the goods to invoke this guarantee. It should be noted that the defects of conformity which appear within 24 months from the delivery of the Product are presumed to exist at the time of the said delivery. In the event of a lack of conformity, we undertake, at the Customer's option:

• Either to replace the Product with an identical Product, depending on available stocks;
• Or to reimburse the price of the Product if the replacement of a Product proves impossible.

In addition, the Products presented on the Online Store are subject to the guarantee against hidden defects provided for in Articles 1641 and 1648 of the Civil Code. Consequently, if the Product is unsuitable for its intended purpose and the defect, prior to the purchase, did not appear during the purchase, the consumer has 2 years from the discovery of the defect to invoke this guarantee. Within the framework of the legal guarantee against hidden defects, MIC MAC, according to the Customer's choice, undertakes, after evaluation of the defect:

• Either to reimburse the Customer for the full price of the returned Product,
• Or to reimburse part of the price of the Product if the buyer decides to keep the item.

If the returned Products do not correspond to the Products ordered and/or have an origin other than the Online Store, MIC MAC will not be bound by its obligations described in this article. The stipulations of this article do not prevent you from benefiting from the right of withdrawal provided for in article 9.

Disclaimer of Warranties:

Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover Products damaged during transport or due to improper use.

 

Provisions of the Consumer Code: Article L217-4: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L217-5: The property complies with the contract: 1° If it is specific to the use usually expected of a similar item and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. Article L217-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 : When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Provisions of the Civil Code:

Article 1641: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less for them, if he had known them. Article 1648 para. 1: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Article 12 - Liability

The Products offered comply with the French legislation in force. MIC MAC cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is up to you to check with the local authorities the possibilities of importing or using the Products or services that you plan to order.

Furthermore, MIC MAC cannot be held liable for damages resulting from improper use of the purchased Product.

Finally, MIC MAC cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.

The performance of all or part of our obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its performance.

 

Article 13 - Applicable law / Disputes

These General Conditions of Sale and any separate agreement by which we provide Products or services to you will be governed by and interpreted in accordance with French law.

In the event of a dispute related to the use of the Site and following the failure of any complaint filed in writing by the Customer or if no response has been provided within a reasonable period of one (1) month, you may you wish to use any alternative method of dispute resolution, in particular mediation via the CMAP (Paris Center for Mediation and Arbitration). To submit a dispute to the mediator, the Client may (i) complete the form published on the CMAP website: www.cmap.fr , tab "You are: a consumer", (ii) send their request by simple letter or by registered letter with acknowledgment of receipt to CMAP Médiation Consumption, 39 avenue Franklin D. Roosevelt, 75008 Paris, or (iii) send an email to consommation@cmap.fr . Whatever the mode of referral to CMAP, the Customer's request must contain the following elements to be processed quickly: his postal, electronic and telephone contact details as well as the full name and address of MIC MAC, a brief description of the facts and evidence confirming that he first tried to resolve the dispute with MIC MAC.

You remain free to accept or refuse this recourse to mediation and, if there is recourse to mediation, each party remains free to accept or refuse the solution proposed by the mediator.

You can also decide to initiate the mediation process via the online dispute resolution platform developed and managed by the European Commission at the following address: http://ec.europa.eu/consumers/odr/

If no amicable solution can be found and mediation is not used, all disputes potentially generated by the General Conditions of Sale will be subject to the jurisdiction of the competent courts in accordance with French law.

 

Article 14 - Intellectual property

The "MIC MAC" trademark, as well as all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logotypes appearing on the Products, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of the owners of said trademarks and other elements.

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever is strictly prohibited.

The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. These last provisions also apply to all copyrights, designs and models, patents reproduced on the Site.

All elements of the Site are and remain the exclusive intellectual property of MIC MAC and/or any other holders of related rights. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the Site whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of MIC MAC.

 

Article 15 – Use of the Site

You must not transmit malware, or viruses or any code of a destructive nature, either when using the Site or when placing an order.

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant or assume any liability for any third-party materials or websites, or for any other materials, products or services of third.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding Third Party Products should be directed to the Third Party.

We may provide you with access to third-party tools that we do not monitor and over which we have no control or influence.

You acknowledge and agree that we provide you with access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or relating to your use of optional third-party tools.

Any use by you of the optional tools offered by our Site is entirely at your own risk and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the Site (including making available new tools and resources). These new functionalities and/or services will also be subject to these General Conditions of Sale.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or any related website is inaccurate, at any time and without notice.

We have no obligation to update, modify or clarify any information on the Site or any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Site or on any linked website should be taken to indicate that all information in our Site or on any linked website has been modified or updated.

In addition to other prohibitions set forth in the Terms and Conditions of

Sale, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or local treaties, laws, ordinances, regulations, rules; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or any other website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any other website, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any or all of the above prohibitions.

 

Article 16 - Personal data

MIC MAC reserves the right to collect personal information and personal data concerning you. They are necessary for the management of your order, as well as the improvement of the services and information that we send you. Confirmation of your consent to the collection of this information and personal data may be requested by a specific button on the home page of the Site.

The conditions of collection and use of this data are indicated in the “Personal data” section of the Site, which we invite you to consult.

 

Article 17 – Archiving - Proof

MIC MAC will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1379 of the Civil Code.

The computerized registers of MIC MAC will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.