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 apply in these General Terms and Conditions of Sale with the meanings set out below (whether used in the singular or plural).
General Terms and Conditions of Sale" - "GTCS": means this document, i.e. the terms and conditions applying to the relationship between SO WHAT and the Customer.
"Order": refers to the Buyer's purchase order for one or more Products placed by signing an order form.
"Product": means a product offered for sale by SO WHAT.
"Buyer": refers to a natural or legal person, consumer and/or professional, who acquires one or more Products, for his/her personal needs, by means of an order form, having previously adhered to the General Terms and Conditions of Sale.
"Recipient": means the natural person designated by the Buyer to receive the order.
"Site": refers to the Internet Site.
These general terms and conditions of sale apply to all sales concluded by SO WHAT with Buyers and concern products developed under the MURIEL UGHETTO brand and/or sold by SO WHAT.
The purpose of these GCS is to define the contractual relationship between the Seller and the Buyer for all purchases made on all the media on which and through which the Products are marketed.
Any purchase implies full and unreserved acceptance by the Buyer of these GCS.
These General Terms and Conditions of Sale are the only conditions binding on the Seller. They shall prevail over any other general or special conditions not expressly approved by the Seller.
The Vendor reserves the right to modify its GCS at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order, it being specified that products and services ordered prior to this date will remain subject to the previous GTC previously accepted by the Buyer.
The fact that the Seller does not avail itself at a given time of any of these general conditions of sale may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.
The products offered by the Vendor are those which appear in the catalogue of Products published on the Site or on brochures. The products are described using descriptive sheets and photographs as accurately as possible.
The photographs in the catalogue are as accurate as possible, but cannot guarantee perfect similarity with the Products. If the Buyer wishes to obtain clarification or additional information about the Products, he/she may contact Customer Service, which is entirely at his/her disposal via the contact form on the Site or at the following e-mail address info@murielughetto.com.
These Products are offered while stocks last. If, despite its best efforts, all or part of the Products are unavailable after an order has been validated, the Seller will inform the Buyer by e-mail as soon as possible and offer the Buyer the option of waiting or cancelling the order for the unavailable Products at no cost.
4.1 Acceptance of the GCS by the Buyer:
The purchase of Products is subject to the Buyer's acceptance of these GCS, evidenced by the signature of the Order Form.
The sales contract between the Vendor and the Buyer is deemed to have been concluded on the date of acceptance of the GTCS by the latter.
To be valid, the order must specify, in particular, the quantity, type and 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, even when taken through the intermediary of the Vendors' representatives or employees, are only definitive 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 the Purchaser's purchases may be made by bank card (cards from the "CB", Visa, Eurocard/Mastercard, American Express network are accepted) or by bank transfer to the account whose references are appended hereto. The Buyer's bank card is debited when the order for the Products is confirmed.
In all cases, the Buyer guarantees the Vendor that he/she is the holder of the bank card whose details he/she communicates and that he/she holds all the necessary rights to use it. If, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), it proves impossible to debit the sums owed by the Buyer, the order will be cancelled.
In the case of deferred or forward payment, a payment within the meaning of this article is not the mere delivery of a bill of exchange or cheque implying an obligation to pay, but their settlement on the agreed due date.
In the event of late payment, the Seller may suspend all current orders, without prejudice to any other course of action.
Any sum not paid by the due date shown on the invoice shall automatically give rise to the application of penalties equal to three times the legal interest rate from the day following the payment date shown on the said invoice. Late payment penalties are payable without the need for a reminder. A fixed indemnity of 40 euros is also payable for collection costs.
Any modification or cancellation of an order requested by the Buyer can only be taken into consideration if it is received in writing before the products are dispatched.
If the seller does not accept the modification or cancellation, the deposit paid will not be refunded.
After the 15-day period following confirmation of the order, the Seller reserves the right to make any changes it deems necessary to its products at any time and to modify the models defined in its prospectuses or catalogues without prior notice.
THE TRANSFER OF OWNERSHIP OF THE PRODUCTS TO THE BUYER WILL ONLY TAKE PLACE AFTER FULL PAYMENT OF THE PRICE BY THE LATTER, REGARDLESS OF THE DATE OF DELIVERY OF THE SAID PRODUCTS.
However, the transfer of the risks of loss and deterioration of the products will be made in favour of the Buyer upon receipt of the products by the Buyer, who is responsible, in the event of damage or loss (for example: damaged package, already opened...), for making any reservations and exercising any recourse with the postal services.
7.1 Right of withdrawal for the non-professional Buyer :
In application of articles L. 221-18 of the Consumer Code, the Buyer, if he/she is a non-professional within the meaning of consumer law, benefits from a right of withdrawal. The Buyer may exercise his/her right of withdrawal, without having to justify his/her decision, within a period of fourteen (14) days from the day following the date of receipt of the goods by the Buyer or a third party, other than the carrier, designated by the Buyer, if the contract concerns several goods ordered in a single order and if these goods are delivered separately, from the day following the date of receipt of the last good by the Buyer or a third party, other than the carrier, designated by the Buyer. If the period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. In all cases, the Buyer may exercise his/her right of withdrawal from the moment the contract is concluded.
Notification of the decision to withdraw: simply returning the Product without a decision to withdraw or refusing to accept delivery is not sufficient to express a desire to withdraw. To notify his/her decision to withdraw, the Buyer may use the WITHDRAWAL FORM at the bottom of these GTCS, or any other unambiguous statement before the expiry of the withdrawal period, and send it to the attention of the Seller by email to the address : info@murielughetto.com.
In the event of notification of its decision to withdraw, the Vendor will immediately send the Buyer an acknowledgement of receipt of the withdrawal to the e-mail address provided by the Buyer.
Return of Products by the Purchaser: in order to return any Products received by the Purchaser exercising his/her right of withdrawal, the latter must return the Product by post to the following address: Customer Service MURIEL UGHETTO - Ets BREMOND - Avenue de la Sève - 04310 PEYRUIS. The cost of returning the Product when exercising the right of withdrawal shall be borne by the Seller. Refund to the Buyer: The returned Product is first examined by the Seller. The Vendor will reimburse the Buyer for all sums paid, including delivery costs, without undue delay on the date of recovery of the Products or as soon as the Buyer provides proof of dispatch of the Products. The refund of the sums 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 refund does not incur any costs.
In all cases, the Buyer must return the Products delivered in their original packaging and complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the returns slip. Products returned incomplete, spoiled, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used (for purposes other than allowing the normal appreciation of the substantial qualities of the product) will not be reimbursed or exchanged and will be returned to the Buyer.
The Buyer shall only be liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. In the case of a gift, the right of withdrawal remains exclusively with the Buyer and may under no circumstances be exercised by the recipient of the gift.
7.2 Return 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 returns accepted by the Vendor will result in the issue of a credit note to the benefit of the purchaser, after verification of the quality and quantity of the products returned; returns which do not comply with the above procedure will result in the loss by the Purchaser of any advance payments made.
In the event of an apparent defect or non-conformity of the products delivered, duly noted by the Vendor under the conditions set out above, the Buyer may obtain a free replacement or reimbursement of the products at the Vendor's discretion, to the exclusion of any compensation or damages.
The products are supplied at the prices in force at the time the order is placed, expressed in euros and including the VAT applicable on the day the order is placed; any change in the rate may be reflected in the price of the products or services.
The price applicable is that in force on the day of purchase.
Unless otherwise agreed, prices are net, excluding transport and tax, on the basis of the prices communicated to the Buyer.
Any tax, duty or other charge payable in application of French regulations or those of an importing or transit country shall be borne by the purchaser.
9.1 Terms and conditions :
Delivery is made in accordance with the order, either by direct handover of the product to the Buyer, or by simple notice of availability, or by delivery to a shipper or carrier on the Seller's premises.
In the event that the Products are made available in the shop or with the forwarding agent or carrier, the Buyer undertakes to take delivery within 15 days of the notice of availability. Once this period has expired, the Vendor may consider that the order has been cancelled and the sale unilaterally terminated by the Buyer.
9.2 Deadlines :
Deliveries will only be made subject to availability and in the order in which orders are received. The Seller is authorised to make deliveries in whole or in part.
Delivery times are indicated as accurately as possible but are subject to the Seller's supply and transport possibilities.
Exceeding the delivery deadline may not give rise to damages, deductions or cancellation of orders in progress.
9.3 Risks :
Products can be delivered carriage paid or cash on delivery to the agreed location; in all cases, they travel at the risk of the recipient, who is responsible for making any necessary observations in the event of damage or shortages and for confirming any reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier within three days of receipt of the goods.
Without prejudice to the measures to be taken with regard to the carrier, complaints about visible defects or the non-conformity of the product delivered with the product ordered or with the dispatch note must be made in writing within eight days of the arrival of the products.
It shall be the Buyer's responsibility to provide any justification as to the reality of the defects or anomalies observed. The Buyer must allow the Vendor every opportunity to ascertain these defects and to remedy them. It shall refrain from intervening itself or having a third party intervene for this purpose. For Products sold in packaged form, the weights and measures at the time of delivery shall be taken as proof of the quantities delivered.
11.1 Scope:
The Products are guaranteed against any material or manufacturing defect for the statutory period, from the date of delivery. Interventions under the guarantee shall not have the effect of extending the duration of the guarantee.
Under this guarantee, the only obligation incumbent on the Vendor will be, at its discretion, the free replacement or repair of the product or component recognised as defective by its services, unless this method of compensation proves impossible or disproportionate. In order to benefit from the guarantee, any product must first be submitted to the Seller's after-sales service, whose agreement is essential for any replacement. Any carriage costs shall be borne by the Buyer, who shall not be entitled to claim any compensation in the event of the goods being immobilised as a result of the application of the guarantee.
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 is drawn up and given to the Buyer at the time of purchase and on request sent to the Buyer at the e-mail address communicated when the order was validated.
13.1 Intellectual property :
The Buyer undertakes to respect all intellectual property rights belonging to the Seller, whether these rights relate to its models, its brands, its patents or any of its creations protected by the law of Literary and Artistic Property. The Buyer's attention is also drawn to the fact that the Site, 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 Vendor's express prior agreement, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite whole.
The Buyer is also advised that these GCS do not confer any intellectual property rights on the models, patents, trademarks or other rights held by the Seller.
Any reproduction in whole or in part of these trademarks and/or logos, made from elements of the Site without the express authorisation of the Seller, constitutes an infringement punishable by articles L.335-2 et seq. of the French Intellectual Property Code. The databases established by the Vendor are protected by copyright and by the law of 1 July 1998 transposing the European directive of 11 March 1996 on the legal protection of databases into the Intellectual Property Code. 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 EU Regulation 2016/679 of 27 April 2016 on the protection of individuals 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 Site, the Buyer authorises the collection, use and transfer of his/her personal data in accordance with the legal provisions governing the processing of personal data. The information communicated by the Buyer is intended for the Seller and is used for order processing and tracking, after-sales service, marketing management and Customer relations.
In accordance with regulations on the protection of personal data, the Buyer has the right to access, object to, rectify, limit and delete any personal data concerning him/her that is processed and that is no longer relevant at any time. They also have the right to portability, the right to object to the use of data for commercial purposes, and the right to give instructions concerning the fate of their data after their death.
These rights may be exercised at any time by providing proof of identity and sending a letter to: info@murielughetto.com.
For information concerning the processing of personal data by the Seller, and in particular the recipients of the data, the conditions of transfer, the length of time the data is kept, etc., the Seller invites the Buyer to consult its confidentiality policy.
These GCS are governed by French law. In the event of any difficulty arising in connection with the order or delivery of the Vendor's products, the Buyer must, prior to any recourse to a mediator or any legal action, contact Customer Services in order to seek an amicable solution.
Any disputes that may arise concerning the validity, interpretation or performance of these GTCS shall be submitted to mediation. The Buyer thus has the possibility of having free recourse to a consumer mediator, chosen from a list drawn up by the Commission d'évaluation et de contrôle de la médiation.
The nullity, unenforceability or, more generally, the lack of effect of any one of the stipulations of these GTC shall not affect the remainder of the GTC, which shall be executed as if that stipulation had never existed, provided, however, that this does not compromise the overall balance of the GTC.
In addition, the Parties agree to replace, as far as possible, any ineffective provision with a valid provision having the same effect and reflecting, as far as possible, their intentions.
(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
