GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter referred to as GTCS) apply between :
SO WHAT, a company with share capital of €308,000
registered with the RCS of CANNES under no. 432 281 046
having its registered office at BAT D 45 Allée des Ormes 06250 MOUGINS
Intra-Community identification number FR 01 432 281 046 - (hereinafter the Seller)
And
Any buyer, whether a legal entity or an individual, professional or private individual - (hereinafter referred to as the Buyer)
The following definitions shall apply in these general terms and conditions of sale (whether used in the singular or plural form).
“General Terms and Conditions of Sale” - GTCS: means this document, i.e. the terms and conditions applicable to the relations between SOWHAT and the Buyer.
“Order”: means the Buyer’s purchase order for one or more Product(s) placed by signing a purchase order.
“Product”: means a product offered for sale by SOWHAT.
“Buyer”: means a natural or legal person, consumer and/or professional, who acquires one or more Product(s), for its personal needs, through a purchase order, having previously adhered to the General Terms and Conditions of Sale.
“Recipient”: means the natural person designated by the Buyer to receive the Order.
“Website”: means SOWHAT’s website, the url of which is: www.murielughetto.com
“Seller”: means SOWHAT.
These general terms and conditions of sale apply to all sales made by SOWHAT to Buyers and concern products developed under the MURIEL UGHETTO brand and/or sold by SOWHAT.
These GTCS aim to define the contractual relationship between the Seller and the Buyer for any purchase made on all media on which and through which the Products are marketed.
Any purchase implies automatic and unreserved acceptance by the Buyer of these GTCS.
These GTCS are the only ones enforceable against the Seller.
They shall prevail over any other general or specific terms and conditions not expressly approved by
the Seller.
The Seller reserves the right to modify its GTCS at any time. In this event, the applicable conditions shall be those in force on the date of the Order placed by the Buyer, it being specified that the products and services ordered prior to this date shall remain subject to the old GTCS previously accepted by the Buyer.
The fact that the Seller does not avail itself at a given time of any one of these general terms and conditions of sale cannot be interpreted as a waiver of the right subsequently to avail itself of any of said conditions.
The Products offered by the Seller are those which appear in the catalogue of Products published on the Website or in the brochure.
The Products are described using descriptions and photographs as accurately as possible.
The photographs in the catalogue are as accurate as possible but cannot ensure perfect similarity with the Products.
When the Buyer wishes to obtain clarification or further information about the Products, it may contact the Customer Service Department, which is fully at its disposal, via the Website contact form or the email
address info@murielughetto.com.
These Products are offered within the limit of available stocks. If, despite its efforts, all or part of the Products are unavailable after validation of an Order, the Seller shall inform the Buyer by email as soon as possible and offer it the option of choosing between waiting or cancelling, free of charge, the Order for the unavailable Products.
4.1 Acceptance of the GTCS by the Buyer:
The purchase of Products is conditional upon the Buyer’s acceptance of these GTCS as demonstrated by signing the purchase order.
The sales contract between the Seller and the Buyer shall be deemed concluded on the date of acceptance of the GTCS by the latter.
To be valid, the Order must specify in particular the quantity, the type and the references of the Products sold, as well as the agreed price, the terms of payment, and the place and date of delivery or collection.
Orders are only final, even when they are taken through Seller representatives or employees, after payment of a deposit of 50% of the amount of the order.
The balance of the price is payable in cash, on the day of delivery, under the conditions defined in Article 4.3 below.
Payment for purchases by the Buyer may be made by bank card (“CB” network, Visa, Eurocard/Mastercard and American Express cards are accepted) or by bank transfer to the account whose details are appended hereto.
The Buyer’s bank card shall be debited at the time of confirmation of the Order of the Products.
In all cases, the Buyer guarantees to the Seller that it is the holder of the bank card whose information it communicates and that it holds all the rights necessary to make use of it.
In the event that, for any reason whatsoever (stopped payment, refusal of the issuing centre, etc.), the debit of sums due by the Buyer proves impossible, the Order shall be cancelled.
In the event of deferred payment or payment by installment, a payment within the meaning of this Article is not merely the delivery of a bill of exchange or a cheque involving an obligation to pay, but their payment by the agreed due date.
En cas de paiement différé ou à terme, constitue un paiement au sens du présent article, non pas la simple remise d’un effet de commerce ou d’un chèque impliquant une obligation de payer, mais leur règlement à l’échéance convenue.
In the event of late payment, the Seller may suspend all open Orders, without prejudice to any other means of action.
Any sum not paid by the due date indicated on the invoice shall automatically entail the application of penalties of an amount equal to three times the legal interest rate as from the day following the payment date stated on said invoice.
Late payment penalties are payable without a reminder being required.
A flat-rate indemnity of 40 euros is also payable for recovery costs.
Any modification or cancellation of an Order requested by the Buyer may only be considered if it has been received in writing before shipment of the Products.
If the Seller does not accept the modification or cancellation, the advance payments will not be returned.
Once 15 days have passed after confirmation of the Order, the Seller reserves the right to make any changes it deems useful to its products at any time and to modify without prior notice the designs defined in its prospectuses or catalogues.
THE TRANSFER OF OWNERSHIP OF THE PRODUCTS TO THE BUYER SHALL ONLY TAKE PLACE AFTER FULL PAYMENT OF THE PRICE BY THE LATTER, REGARDLESS OF THE DELIVERY DATE OF SAID PRODUCTS.
However, transfer of the risk of loss and deterioration of the Products to the Buyer will take place upon receipt of the Products by the Buyer, who is responsible, in the event of damage or loss (e.g. damaged parcel, parcel already opened, etc.), for making all reservations and seeking all remedies with postal service
7.1 Non-professional Buyer’s right of withdrawal:
Pursuant to Article L. 221-18 of the Code de la consommation [French Consumer Code], the Buyer, if it is a non-professional within the meaning of consumer law, benefits from a right of withdrawal.
The Buyer may exercise its right of withdrawal, without having to justify its decision, by complying with a deadline of fourteen (14) days from day following the date of receipt of the goods by the Buyer or a third party, other than the carrier, designated by it; In the case of a contract for several goods ordered by means of a single Order and if these goods are delivered separately, from the day following the date of receipt of the last goods by the Buyer or a third party, other than the carrier, designated by it.
If the time limit expires on a Saturday, Sunday, a public holiday or a non-working day, it shall be extended until the next working day. In any case, the Buyer may exercise its right of withdrawal as from the conclusion of the contract.
Notification of the decision to withdraw: The mere return of the Product without a withdrawal decision or the refusal to take delivery are not sufficient to express a desire to withdraw. To notify its decision to withdraw, the Buyer may use the WITHDRAWAL FORM at the bottom of these GTCS, or any other unambiguous declaration before the expiry of the withdrawal period, and send it for the attention of the Seller:
By email to the following address: info@murielughetto.com
In the event of notification of its decision to withdraw, the Seller shall immediately send the Buyer an acknowledgement of receipt of the withdrawal to the email address provided by the Buyer.
Return of the Products by the Buyer: To return any Products received by the Buyer exercising its right of withdrawal, the latter must return the Product by post to the following address:
MURIEL UGHETTO, Ets BREMOND, Avenue de la Sève, 04310 PEYRUIS
The cost of returning the Product in the context of the exercise of the right of withdrawal shall be borne by the Seller.
Reimbursement of the Buyer:
The returned Product shall first be examined by the Seller. The Seller shall reimburse the Buyer for all sums paid, including delivery costs, without undue delay on the date of collection of the Products or as soon as the Buyer provides proof of the shipment of such Products.
The reimbursement of amounts paid by the Buyer for the returned Product shall be
made using the same means of payment as that used for the initial transaction, unless the Buyer expressly agrees to use another means of payment and insofar as the reimbursement does not result in any costs for it.
In all cases, the Buyer must return the Products delivered in their original and complete packaging (boxes, accessories, protective packaging, labels, booklets, etc.) and accompanied by the return slip. Products returned incomplete, spoiled, damaged, deteriorated, soiled or in any other condition which would reasonably give the impression of having been used (for purposes other than those consistent with enabling the normal assessment of the essential qualities of the Product), shall not be refunded or exchanged and will be returned to the Buyer. The Buyer’s liability is only incurred for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product. In the case of a gift, the right of withdrawal remains for the exclusive benefit of the Buyer and may not under any circumstances be exercised by the recipient of the gift.
7.2 Return of orders :
All product returns must be the subject of a formal agreement between the Seller and the Buyer. Any product returned without this agreement will be held at the Buyer's disposal and will not give rise to the issue of a credit note. The costs and risks of the return are always borne by the Buyer.
No returns will be accepted after 15 days from the date of delivery.
Returned goods must be accompanied by a returns note to be attached to the parcel and must be in the condition in which they were delivered by the supplier.
7.3 Consequences:
Any return of Product must be the subject of a formal agreement between the Seller and the Buyer. Any Product returned without such agreement shall remain available to the Buyer and shall not give rise to the establishment of a credit note. The costs and risks of return shall always be borne by the Buyer. No return will be accepted after 15 days following the delivery date. The returned goods shall be accompanied by a return slip to be attached to the parcel and must be in the condition in which the supplier delivered them.
The Products are supplied at the prices in force at the time the Order is placed expressed in euros and taking into account the VAT applicable on the day of the Order; any change in the rate may be passed onto the price of the Products or services. The applicable price is that in force on the date of purchase. Unless otherwise agreed, prices are net, transport not included, excluding tax on the basis of the prices communicated to the Buyer. Any tax, duty, charge or other fee payable pursuant to French regulations or those of an importing country or a country of transit shall be borne by the Buyer.
9.1 Terms and conditions :
Delivery shall be made in accordance with the Order either by direct delivery of the Product to the Buyer, by simple notice of availability, or by delivery to a shipper or a carrier at the Seller’s premises. If the Products are made available in a store or from the freight forwarder or carrier, the Buyer undertakes to take delivery within 15 days of the availability notice. Once this period has expired, the Seller may consider that the Order is cancelled and the sale unilaterally terminated by the Buyer.
9.2 Delivery times:
Deliveries shall only made according to availability and in the order of arrival of the Orders. The Seller is authorized to make deliveries in whole or in part. The delivery times are indicated as accurately as possible but depend on the Seller’s supply and transport possibilities. Late deliveries shall not give rise to damages, withholding or cancellation of open Orders.
9.3 Risks :
The Products are delivered carriage paid or against reimbursement at the agreed place; in all cases, they travel at the risk of the recipient who is responsible in case of damage or missing items to make all necessary observations and confirm its reservations by extra-judicial deed or by registered letter with acknowledgement of receipt to the carrier within three days following receipt of the goods.
Without prejudice to the steps to be taken vis-à-vis the carrier, claims for visible defects or non-conformity of the Product delivered with the Product ordered or the consignment note must be made in writing within eight days of the arrival of the Products. It will be up to the Buyer to provide any proof as to the reality of the defects or anomalies found. The Buyer shall allow the Seller all means to observe such defects and to remedy them. It shall not intervene itself or involve a third party for this purpose. For Products sold as packaged, the initial weights and measurements shall be proof of the quantities delivered.
11.1 Scope:
The Products are guaranteed against defects in materials or workmanship during the legal period, from the date of delivery. Interventions under the warranty shall not have the effect of extending the duration thereof. Under this warranty, the Seller’s sole obligation shall, at its discretion, be the free replacement or repair of the Product or item acknowledged to be defective by its services unless this means of compensation proves to be impossible or disproportionate. In order to benefit from the warranty, any Product must first be submitted to the after-sales service of the Seller whose agreement is essential for any replacement. Any shipping costs shall be borne by the Buyer who cannot claim any compensation in the event of the item being detained due to the application of the warranty. 11.2. Exclusions: The warranty does not apply for visible defects. Defects and damage caused by natural wear and tear or by an external accident, or by a modification of the Product not planned or specified by the Seller are also excluded.
11.2 Exclusions :
The guarantee does not apply to apparent defects.
Also excluded are defects and deterioration caused by natural wear and tear or by an external accident, or by any modification of the product not foreseen or specified by the Seller.
An invoice shall be drawn up and delivered to the Buyer at the time of purchase and upon request sent to the Buyer at the email address communicated when it validated its Order.
13.1 Intellectual property :
The Buyer undertakes to respect all intellectual property rights belonging to the Seller, whether these rights relate to its designs, trademarks, patents or any of its creations protected by Literary and Artistic Property law. The Buyer’s attention is also drawn to the fact that the Website, including its entire content, is protected by intellectual property law. Any total or partial reproduction, modification or use of any of the rights mentioned in the previous paragraph 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 trademark, symbol, logotype and more generally any distinctive sign intended to form a composite whole. The Buyer is also advised that these GTCS do not confer on it any intellectual property rights over the designs, patents, trademarks or other rights held by the Seller. Any total or partial reproduction of these trademarks and/or logos, made from elements of the Website without the express authorization of the Seller, constitutes the offense of infringement punishable by Articles L.335-2 et seq. of the Code de la propriété intellectuelle [French Intellectual Property Code]. The databases created by the Seller are protected by copyright and by the loi du 1er juillet 1998 [French law of 1 July 1998] adapting the Intellectual Property Code to incorporate the European directive of 11 March 1996 on the legal protection of databases. Any extraction may only be limited and carried out for private purposes. Any simple or hypertext link is strictly prohibited.
13.2 Regulations :
The Seller represents and warrants to the Buyer that it is acting in full compliance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Where applicable, by creating an Account and/or placing an Order on the Website, the Buyer authorizes the collection, use and transfer of its personal data within the framework of the legal provisions regarding the processing of personal data. The information provided by the Buyer is intended for the Seller and is used for processing and monitoring Orders, after-sales service, marketing management and customer relations. In accordance with the regulations on the protection of personal data, the Buyer has at all times the right to access, oppose, rectify, limit and delete personal data concerning it which is the subject of processing and which would no longer be relevant. It also has a right to portability, a right to object in the context of the use of data for commercial purposes, as well as a right to communicate instructions on the fate of its data after its death. These rights may be exercised at any time by providing proof of identity, by letter sent to: info@murielughetto.com. With regard to information concerning the processing of personal data by the Seller, and in particular the recipients of data, the conditions of transfer, the retention period of the data, etc., the Seller invites the Buyer to consult its privacy policy .
These GTCS are governed by French law. In the event of any difficulty arising in connection with the Order or delivery of the Seller’s Products, the Buyer shall, prior to any recourse to a mediator or legal action, contact the Customer Service Department in order to seek an amicable solution. Disputes that may arise regarding the validity, interpretation and performance of these GTCS are subject to mediation. The Buyer thus has the option of consulting a consumer mediator free of charge, chosen from a list established by the Commission for the evaluation and control of mediation. The invalidity, unenforceability or, more generally, the absence of effect of any of the provisions of these GTCS shall not affect the rest of the GTCS, which will be performed as if this provision had never existed, provided, however, that this does not compromise the general balance of the GTCS. In addition, the Parties agree to replace, as far as practicable, any invalid provision with a valid provision having the same effect and reflecting, as far as possible, their initial will.
(Please complete and return this form only if you wish to withdraw from the Contract).
For the attention of Customer Service MURIEL UGHETTO, Ets BREMOND, Avenue de la Sève, 04310 PEYRUIS
E-mail : info@murielughetto.com
Your first and last name
Your address
Postcode - Town
Telephone
At ..., on ... (date of return)
Dear Sir/Madam
On (indicate the date on your order form), I ordered (indicate the description of the item) which you delivered (or which I received) on (indicate the date).
In accordance with Article L. 221-18 of the French Consumer Code, I hereby request to exercise my right of withdrawal.
Consequently, I would ask you to return the sum of ... euros that I paid when I placed my order, as soon as possible and no later than 15 days following receipt of this letter, in accordance with the provisions of article L. 221-24 of the French Consumer Code.
Please find enclosed (indicate the item returned) which I am returning to you today.
Signature
