Terms and conditions of sale

General Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (the “Terms”) govern sales made through the miravelparis.com website, operated under the Miravel Paris brand.

Hereinafter, the following terms shall mean:

“Website”: the website “https://miravelparis.com” and all of its pages, exclusively owned by the Company.

“Products” or “Services”: all products (goods) and services (services provided) that may be purchased or subscribed to on the Website.

“Seller”: Miravel Paris, a legal entity or natural person, offering its Products or Services on the Website.

“Customer”: the internet user, whether an individual or a professional, purchasing one or more Products or Services on the Website.

“Consumer,” in accordance with the definition in the preliminary article of the French Consumer Code: “any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft, or liberal professional activity

The internet user visiting the Website and interested in the Products and Services offered by the Seller is invited to read these GTCS carefully, and to print and/or

save them on a durable medium before placing an order on the Website.

The Customer acknowledges having read the GTCS and accepts them in full.

Article 2 – Application of the GTCS and Purpose of the Website

The Seller reserves the right to amend the GTCS at any time by publishing a new version thereof on the Website.

The GTCS applicable to the Customer are those in force on the day the Customer places an order on the Website.

Legal information concerning the Website host and publisher, the collection and processing of personal data, and the terms of use of the Website is provided in the general terms of use, legal notice, and data policy of this Website.

This Website offers fashion products for sale online.

The Website is freely accessible at no charge to all Customers. The purchase of a Product or Service requires the Customer’s acceptance of all of these GTCS, whereby the Customer also acknowledges having read them in full. Such acceptance may consist, for example, of the Customer checking the box corresponding to the statement accepting these GTCS, bearing, for example, the wording “I acknowledge that I have read and accepted all of the Website’s general terms and conditions.” Checking this box shall be deemed to have the same value as the Customer’s handwritten signature.

Acceptance of these GTCS requires Customers to have the legal capacity necessary to do so. If the Customer is a minor or does not have such legal capacity, the Customer declares that they have the authorization of a guardian, court-appointed guardian, or legal representative.

The Customer acknowledges the evidentiary value of the Seller’s automatic recording systems and, unless the Customer provides evidence to the contrary, waives the right to challenge them in the event of a dispute.

Any Order for Products entails the Customer’s unconditional acceptance of and full and complete adherence to these General Terms and Conditions of Sale, which shall prevail over any other document—catalogs, advertisements, notices—unless the Company has expressly agreed otherwise in advance.

Article 3 – Customer Service

The customer service department for this Website may be contacted by email at the following address: “contact@miravelparis.com,” by form, or by postal mail at the address indicated in the legal notice. In the email, the Customer must state their first name, last name, the subject of their request, and their Order number.

For any professional inquiry (partnership, media, contract proposal), the Company may be contacted only by email at contact@miravelparis.com.

Article 4 – Order Subscription Procedure and Description of the Purchasing Process

The Products and Services offered are those listed in the catalog published on the Website. Each product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.

The photographs on the Website are not contractually binding and may differ significantly from the models photographed. These variations are due to the settings of the various screens and cameras, product lighting, shooting angle, etc.

“Cart” is defined below as the intangible object grouping together all Products or Services selected for purchase by the Customer of the Website by clicking on those items. To place an order, the Customer selects the Product(s) they wish to order by adding them to their “Cart,” the contents of which may be changed at any time.

The Customer places the Order via the Website: the Customer records and confirms the Order on the Website.
To place an order on the Website, the Customer freely selects one or more Products from the Website catalog by clicking the “add to Cart” button. On the “Cart” page, the Customer may review the details of their Order and correct any errors before confirming it.
On the “Information” page, the Customer must enter their contact information. The Customer may opt to receive Order tracking by email by checking the required box.
On the “Delivery” page, the Customer must choose from the shipping methods offered.
On the “Confirmation” page, the Customer must enter their bank details and billing address. The Customer may also enter a promotional code if they have one.
A complete summary of the Order appears. The Customer may modify all elements of the Order before finalizing it. The Customer is responsible for any errors relating to the Order, the Products, and contact information.
The sale is validly formed when the Customer has confirmed the Order by clicking the “Finalize my order” button, has accepted the General Terms and Conditions of Sale, and has made payment in accordance with the method chosen, subject to the exercise of the right of withdrawal.

The order confirmation date corresponds to the date on which receipt of full payment of the total price, including all taxes, has been duly recorded.

Article 5 – Prices and Payment Terms

Unless otherwise stated, the prices shown in the catalog are prices in euros, inclusive of all taxes, taking into account the VAT applicable on the date of the order and excluding any contribution to processing and shipping costs.

Miravel Paris reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to change its prices at any time. Nevertheless, the price shown in the catalog on the date of the order shall be the only price applicable to the Customer.

The Customer may place an order on this Website and may pay by Bank Card, Bancontact, Apple Pay, or PayPal. Bank card payments are made through secure transactions provided by an online payment platform provider.

This Website has no access to any data relating to the Customer’s payment methods. Payment is made directly to the bank or payment provider receiving the Customer’s payment. In the event of payment by bank transfer, the delivery periods defined in the “Deliveries” article of these GTCS shall begin to run only from the date on which payment is actually received by the Seller, which may prove this by any means. Product availability is indicated on the Website in each Product description.

Miravel Paris shall archive purchase orders and invoices on a reliable and durable medium constituting a true copy. The computerized records shall be considered by the parties as evidence of the communications, orders, payments, and transactions between the parties.

Article 6 – Deliveries

Delivery charges shall be indicated to the Customer before any payment. The delivery areas served are those offered to the Customer when confirming the order. The delivery times indicated when placing the order are provided for informational purposes and remain dependent on any delays by postal services or other special circumstances preventing delivery (demonstrations, bad weather, etc.).

In the event that a Product is delivered outside the territory of the European Union or to the French Overseas Departments and Territories, the Customer declares that they are the importer of the Product and accepts that, in such a case, the Seller may be materially unable to provide exact information regarding the total amount of costs related to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Website during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after conclusion of the contract with a Consumer Customer.

For a hand delivery, the Customer may refuse a package at the time of delivery if they note an irregularity concerning the delivery (damage, a Product missing compared with the delivery slip, damaged package, broken Products, etc.); the Customer must then state any irregularity on the delivery slip in the form of handwritten reservations accompanied by the Customer’s signature. To exercise the right of refusal, the Customer must open the damaged or defective package(s) in the carrier’s presence and have the carrier take back the damaged goods. For delivery to a mailbox, the Customer undertakes to inspect the package immediately and contact Miravel Paris support if they note any irregularity. If these requirements are not followed, the Customer may not exercise the right of refusal, and the Seller shall not be required to grant the Customer’s request to exercise the right of refusal.

If the Customer’s package is returned to the Seller by the Postal Service or other postal providers, the Seller shall contact the Customer upon receipt of the returned package to ask how the order should be handled. If the Customer mistakenly refused the package, they may request that it be sent again after first paying the postage costs for the new shipment. Postage costs must be paid even for orders for which shipping was free when the order was placed.

In the event of a delivery error or exchange (if the right of withdrawal applies, that is, if the Customer is a Consumer and the contract entered into to purchase the Product or Service permits withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. The Seller may not be held responsible for any defect resulting from clumsiness or improper handling by the Customer.

Any delivery delay beyond the date or period indicated to the Consumer Customer when placing the order or, if no date or period was indicated when the order was placed, exceeding thirty (30) days from conclusion of the contract may result in termination of the sale at the Consumer Customer’s initiative, upon written request by registered letter with acknowledgment of receipt, if the Seller has failed to perform after being ordered to make the delivery. The Consumer Customer shall then be refunded all sums paid no later than fourteen (14) days following the date on which the contract was terminated. This clause is not intended to apply if the delivery delay is due to an event of force majeure.

Special case of a package whose tracking number indicates that it has been “delivered” but was not received in the mailbox: if the Customer notes and informs the Seller that the package is not in the Customer’s mailbox even though its tracking number indicates that it has been “delivered,” customer service may request additional information and an official document from La Poste responding to the Customer’s claim regarding the corresponding tracking number. The Seller shall then make every effort to ensure Customer satisfaction, in particular by offering to resend the products immediately at its own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

Personalized jewelry

Jewelry genuinely made to your specifications or clearly personalized is created especially for you. This may include an engraving, a name, initials, or a birthstone arrangement made according to your choices. Such jewelry cannot be returned or refunded simply because you change your mind, to the extent permitted by applicable law. Choosing a standard size or color alone does not necessarily make an item personalized.

This exclusion does not restrict your rights if the jewelry is defective, arrives damaged, or does not match your order, for example if we made a personalization different from the one you ordered. Contact contact@miravelparis.com with your order number and, if possible, photos of the issue. We will provide the remedy required under applicable rights: repair, replacement, a price reduction, or a refund, as appropriate. Your statutory rights remain unaffected, including in the event of non-delivery. An error in options entered by the customer does not, by itself, establish that the seller supplied a nonconforming item.

Other items and cancellation rights

We do not offer an additional voluntary 30-day return period for new orders subject to these terms. Mandatory statutory rights continue to apply. In the European Union, consumers generally have 14 days after receipt to withdraw from a distance purchase, subject to statutory exceptions, notably for genuinely personalized goods. Any rights applicable in your country remain protected. Orders already placed retain the terms that applied at the time of purchase.

Order cancellation and returns

If you wish to change or cancel your order, contact us as soon as possible. We will check whether this is still possible based on its preparation status, without restricting your statutory rights. Before returning an item, contact us for instructions and the correct address; an unequivocal statement is sufficient to exercise a statutory right of withdrawal where one applies. You are responsible for the direct cost of a change-of-mind return only where this can lawfully be charged to you. For a defect, damage, or nonconformity for which we are responsible, costs will be covered in accordance with applicable rights. No statutory right is excluded solely because an item is on sale. Any refund due will be issued within the applicable statutory time limits and in accordance with applicable requirements, using the original payment method unless a valid agreement permits another method at no additional cost.

Exercising a statutory right of withdrawal

Where a statutory 14-day right of withdrawal applies, notify us of your decision before it expires and return the goods within 14 days after that notification. You may use the optional template below or any other unequivocal statement. In the European Union, any refund due is issued within 14 days after notification, subject to the legal right to withhold it until the goods or proof of return shipment are received. Paid standard delivery costs are refunded where legally required; the additional cost of a more expensive delivery option chosen by the customer need not necessarily be refunded. You may inspect the item as you would in a store; diminished value resulting from additional handling may be taken into account within legal limits.

Optional template: To Miravel Paris, contact@miravelparis.com. I hereby withdraw from the purchase of the following goods: … Ordered on: … Received on: … Order number: … Name and address: … Date: … Signature only for a paper notification. No reason is required.

Article 8 – Product Warranties

Legal Provisions to Be Reproduced

The legal warranty of conformity applies independently of any commercial warranty that may have been granted.

The Consumer may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code, unless the Seller has stipulated that it shall not be bound by any warranty; if this warranty is invoked, the buyer may choose between termination of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. The buyer has a period of two years from discovery of the defect.

The postponement, suspension, or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the date on which the right arose, in accordance with Article 2232 of the French Civil Code.

All items purchased on this Website benefit from the following legal warranties provided for by the French Civil Code;

Legal Warranty of Conformity

The Seller is required to deliver goods that conform to the contract entered into with the Consumer Customer and is liable for any lack of conformity existing at the time of delivery of the Product. The warranty of conformity may be exercised if a defect existed on the date possession of the Product was taken.

However, it shall be the Customer’s responsibility to prove that the defect did indeed exist when possession of the Product was taken.

“In the event of a lack of conformity, the buyer shall choose between repair and replacement of the goods. However, the Seller may decline the buyer’s choice if that choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. The Seller is then required, unless impossible, to proceed using the method not chosen by the buyer.”

Legal Warranty Against Hidden Defects

In the event that a delivered Product does not conform, it may be returned to the Seller, which shall exchange it. If the Product cannot be exchanged (obsolete Product, out of stock, etc.), the Customer shall be refunded the amount of the order by check or bank transfer. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall then be borne by the Seller.

Article 9 – Liability

The Seller, Miravel Paris, may not be held liable for failure to perform the contract entered into due to the occurrence of an event of force majeure. With respect to the Products purchased, the Seller shall incur no liability for any indirect damages arising hereunder, operating losses, loss of profit, damages, or expenses that may arise.

The selection and purchase of a Product or Service are the Customer’s sole responsibility. Total or partial inability to use the Products, in particular due to equipment incompatibility, may not give rise to any compensation, refund, or liability on the Seller’s part, except in the event of a proven hidden defect, lack of conformity, defectiveness, or exercise of the right of withdrawal if applicable, that is, if the Customer is not a Consumer Customer and the contract entered into to purchase the Product or Service permits withdrawal, pursuant to Article L 121-21 of the French Consumer Code.

The Customer expressly acknowledges using the Website at their own risk and under their sole responsibility. In any event, Miravel Paris may under no circumstances be held liable:

for any direct or indirect damage, particularly loss of profits, lost earnings, loss of customers, or loss of data, which may result, among other things, from use of the Website or, conversely, from the inability to use it;
for a malfunction, unavailability of access, misuse, improper configuration of the Customer’s computer, or use of an uncommon browser by the Customer;
for the content of advertisements and other external links or sources accessible to Customers from the Website.

The Seller therefore may not be held liable if the characteristics of the Products differ from the visuals on the Website or if the latter are inaccurate or incomplete.

Article 10 – Force Majeure

In accordance with Article 1218 of the French Civil Code, events beyond the parties’ control, which they could not reasonably have been expected to foresee and which they could not reasonably avoid or overcome, insofar as their occurrence makes performance of the obligations completely impossible, are considered events of force majeure or unforeseen events.

The occurrence of an event of force majeure shall automatically suspend performance of the Order.

After a period of ninety (90) calendar days, if the parties establish that the event of force majeure is continuing, the Order may be canceled by either party and the sales contract terminated. For this purpose, the first party to act must send the other party a registered letter with acknowledgment of receipt terminating said sales contract.

The effective date of termination shall be the date on which delivery of the letter is first attempted. In this event, neither party may claim damages unless otherwise agreed by both parties

Article 11 – Intellectual Property Rights

All elements of this Website belong to the Seller or to a third-party representative, or are used by the Seller with the authorization of their owners.

All text, comments, works, illustrations, and images, whether visual or audio, reproduced on the Website are protected under copyright, trademark rights, image rights, and patent rights. No one is authorized to reproduce, exploit, redistribute, or use Website elements in any manner whatsoever, even in part. Any simple link or hyperlink is strictly prohibited without the Company’s express written consent. In all cases, any link, even if tacitly authorized, must be removed upon the Company’s request.

Only use of the Website for private purposes is authorized, subject to different or more restrictive provisions of the French Intellectual Property Code.

Any reproduction in whole or in part of the Company’s catalog is strictly prohibited. Any other use constitutes infringement and is punishable under Intellectual Property law unless prior authorization has been obtained

Any reproduction, representation, or adaptation of the logos, textual content, pictograms, or videos, without limitation to this list, is strictly prohibited and constitutes infringement.

Any Customer who commits infringement may have their account deleted without notice or compensation and without such deletion constituting damage to the Customer, without prejudice to any subsequent legal proceedings against the Customer at the initiative of the Seller or its representative.

The trademarks and logos contained on the Website may be registered by Miravel Paris or possibly by one of its partners. Any person who represents, reproduces, embeds, distributes, or redistributes them shall incur the penalties provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.

Article 12 – Processing of Personal Data

The Company collects Customer data:
a) for the purpose of processing and tracking the Customer’s Order on its Website; (and/or)
b) for the purpose of contacting you about various events relating to the Company, including in particular Product updates and customer relationship management; (and/or)
c) for the purpose of collecting information that allows us to improve the Website and our Products (in particular through cookies).

The data collected is processed by the Website’s contractual service providers responsible for packaging and distributing the Products ordered, as well as by the hosting provider, Shopify Inc., whose servers are secured and protected by a firewall.

The Company retains the data collected only for the period corresponding to the purposes of collection above, which in any event may not exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right to access, modify, rectify, or delete their data or object to its processing on legitimate grounds.

The Customer may exercise their rights by email at contact@miravelparis.com.

Article 13 – Comments and Other User Submissions

If the Customer sends ideas, proposals, or other materials, whether online, by email, by mail, or otherwise (collectively, “comments”), whether requested by the Company or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments the Customer sends to it.

The Company is not and shall not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; or (3) to respond to comments.

The Company may monitor, modify, or delete content that it determines, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or criminally objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Customer undertakes to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality rights, or other personal or property rights. The Customer undertakes not to include any unlawful, defamatory, offensive, or obscene content in their comments and that they shall not contain any computer virus or other malware that could affect the operation of the Website or other associated websites. The Customer undertakes not to use a false email address, impersonate someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.

The Customer is entirely responsible for comments posted and their accuracy. The Company assumes no responsibility and disclaims any liability with respect to comments posted by the Customer or a third party.

Article 14 – Severability of Clauses

If any provision of the GTCS is held to be unlawful, void, or otherwise unenforceable, that provision shall be deemed severable from the GTCS and shall not affect the validity and enforceability of the remaining provisions.

These GTCS supersede all prior or contemporaneous written or oral agreements. The GTCS may not be assigned, transferred, or sublicensed by the Customer.

A printed version of the GTCS and of all notices provided electronically may be requested in judicial or administrative proceedings relating to the GTCS. The parties agree that all correspondence relating to these GTCS may be drafted in French or Spanish.

Article 15 – Governing Law and Mediation

The General Terms and Conditions of Sale are governed by French law.

The Website reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase made with a prohibited, blocked, stolen, or falsified bank card. In this context, no attempt at amicable settlement shall be accepted.

If any clause of these General Terms and Conditions of Sale becomes void and unenforceable, this shall not affect the validity of the other provisions and shall not release the Customer from performance of their contractual obligations.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees and court costs, brought by a third party due to or arising out of your use of the Website or our products and services, your violation of the terms, or your violation of your acknowledgments, agreements, representations, warranties, and obligations hereunder.

National or cross-border disputes that may arise concerning the validity, interpretation, performance or nonperformance, interruption, or termination of this contract may be submitted to mediation at the Customer’s request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the French Commission for the Evaluation and Oversight of Consumer Mediation (CECMC), is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Customers to submit a mediation request online together with supporting documents.

In particular, the dispute may not be examined by the Mediator if:

- the Customer does not demonstrate having first attempted to resolve the dispute directly with the Company through a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has previously been examined or is currently being examined by another mediator or by a court,

- the Consumer submitted the request to the Mediator more than one year after the written complaint to the Company,

- the dispute does not fall within the Mediator’s jurisdiction.

Mediation is free of charge for the Customer. If, at any stage of the mediation, the Customer uses an attorney, a third party of their choice, or an expert to defend them, the Customer alone shall bear the costs.

The Mediator may not receive any instructions from the parties or be compensated based on the outcome.

Participation in mediation does not preclude the possibility of bringing proceedings before a court. The parties remain free to submit their dispute to a judge under the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is assigned to the competent French courts. The Consumer Customer may also bring proceedings before the court of the place where they reside.

The Website reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase made with a prohibited or blocked bank card, or a stolen or falsified check. In this context, no attempt at amicable settlement shall be accepted.

Parts Warranty:

The warranty is limited to 30 days following the date of purchase under normal conditions of use and excludes a failure caused by an external factor. Under these conditions, the Seller undertakes to replace the defective part.

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