Legal notices and general terms and conditions of sale (English translated version)
ARTICLE 1 — GENERAL PROVISIONS OF THE WEBSITE
These Terms and Conditions of Sale (hereinafter referred to as the “T&Cs”) exclusively govern purchases made through the Website Operator’s website. These T&C are available for review at any time on the website and may be provided to customers upon request through various means.
The customer’s acceptance of the T&C is a prerequisite for any order. This acceptance is confirmed by the customer when they check a designated box or click a specific button, thereby indicating that they have read and approved the T&C before proceeding with the purchase.
The finalization of the order, through its confirmation, implies the buyer’s acceptance of the T&C applicable on the date of the order. The Site Operator guarantees the preservation and reproducibility of these T&C.
ARTICLE 2 — DESCRIPTION OF PRODUCTS FOR SALE
The website offers an online sales platform dedicated to the sale of, in particular, jewelry and scarves, hereinafter referred to as “Product(s),” accessible to any user, whether an individual or an entity, hereinafter referred to as “Customer.”
Each Product on the site is accompanied by a detailed description, provided by the supplier or accessible via a link to the manufacturer’s website, highlighting its main features. Please note that product images, if present, are not binding. If necessary, the Product’s user manual is available on the website or is provided no later than upon delivery. The Products comply with current French legal standards.
The Customer is solely responsible for the conditions and consequences of accessing the website, particularly via the Internet. Such access may incur charges imposed by technical service providers, such as Internet service providers, which remain the Customer’s responsibility. Furthermore, the Customer must have and assume full responsibility for the equipment necessary to connect to the website. The Customer acknowledges having verified that their computer configuration is secure and functional.
ARTICLE 3 — CUSTOMER ACCOUNT
To place an order on the site, the customer must first create a personal account. After creating this account, access is granted by logging in using a username and password, both of which are secret, personal, and confidential.
It is the customer’s responsibility not to disclose this information, in accordance with the “PERSONAL DATA” section of the Terms and Conditions.
ARTICLE 4 — ORDERS PLACED ON THE WEBSITE
The website operator undertakes to ensure maximum availability of its products; however, these are offered subject to existing stock levels. In the event that a product ordered by the customer becomes unavailable after the order is placed, despite the operator’s best efforts, the operator will notify the customer by email
The customer will then have a choice between two options:
- Receive a product of equivalent quality and price to the one originally ordered, or
- Receive a refund for the amount of the product ordered, issued no later than thirty (30) days after payment.
It is important to note that, apart from the refund for the unavailable product if the customer chooses this option, the operator is not required to pay any cancellation compensation, unless the failure to perform the contract is directly attributable to the operator.
Unless otherwise specified in these Terms and Conditions and without affecting the right of withdrawal provided for by applicable law, orders placed by the customer are considered firm and final.
ARTICLE 5 — PAYMENT TERMS
The Customer expressly acknowledges that placing an order on the Site constitutes a commitment to pay, whereby an amount must be paid in exchange for the requested Product.
In all cases, the Site operator reserves the right to verify the authenticity of the payment before shipping the order, using all necessary methods.
For transactions, the Site operator accepts all payment methods listed on the Site.
ARTICLE 6 — PAYMENT OF THE PRICE
The price of the Products, at the time of ordering, is displayed in euros and includes all taxes (TTC), excluding delivery and shipping costs (unless otherwise indicated).
During a promotion, the Site Operator guarantees that the promotional rate will apply to all orders placed during the announced promotional period.
Payment must be made in euros (€) only. The total amount becomes payable upon confirmation of the order. The prices displayed take into account any discounts or rebates that the Site Operator may offer. Any additional delivery or shipping charges, if applicable, will be added to the price of the Products and clearly specified before the Customer confirms the order.
The total amount payable by the Customer, along with a breakdown of this amount, will be clearly indicated on the order confirmation page.
ARTICLE 7 — FORMATION OF THE CONTRACT
The contract between the Operator (or Site Owner) and the Customer is formed when the Customer submits confirmation of their order.
The contract is formed when the Customer confirms their order. The confirmation process requires a “double-click” approach: after selecting and verifying the products in the shopping cart, the Customer must accept the Terms and Conditions of Sale (T&Cs) and proceed to payment after entering their banking information.
This “double-click” is considered an electronic signature, equivalent to a handwritten signature, and firmly and definitively confirms the Customer’s order.
The Operator securely stores records of orders and invoices, thereby providing reliable evidence of the contract. Unless proven otherwise, these records are considered proof of transactions between the Site Operator and its Customers.
The Customer has the right to cancel their order in writing in the event of product non-conformity, significant delivery delay, or an unjustified price increase. In such situations, the Customer may request a refund of their deposit with interest. For its part, the operator may cancel the order if the Customer refuses delivery or fails to make payment at the time of delivery.
ARTICLE 8 — RETENTION OF TITLE
The Site Operator remains the exclusive owner of the Products ordered on the Site until full payment has been received, including any shipping costs.
ARTICLE 9 — SHIPPING AND DELIVERY
Products sold online on this website are available only to residents of France and European Union member countries, with deliveries made to these areas.
Delivery entails the transfer of possession or control of the product to the Customer. We offer various delivery methods depending on the type of product, as detailed during the ordering process. Delivery costs, indicated at the time of finalizing the order, must be approved by the Customer upon order confirmation.
We commit to delivering products within a maximum of 30 days after the order is placed, in accordance with the deadline indicated on the site for each product. Delivery times, expressed in business days, include order preparation, shipping, and the time estimated by the carrier. In the event of a delay exceeding this timeframe, a refund may be issued upon the Customer’s request, and the Customer must return the purchased product(s).
We strive to meet these deadlines, provided that payment for the order has not been declined. If a delay occurs, the Customer will be notified by email of the new delivery date. Products are delivered to the address provided at the time of the order. It is the Customer’s responsibility to ensure the accuracy of this address to avoid any delays or delivery issues. We are not responsible for errors in the address provided by the
We are not responsible for any errors in the address provided by the Customer. A signature may be required upon delivery.
Deliveries are not made to P.O. boxes. The Customer must verify the conformity and condition of the product upon delivery. Any discrepancies must be noted on the delivery slip, as no claims regarding the quantity or condition of the product will be accepted if they are not indicated on this document.
ARTICLE 10 — RIGHT OF WITHDRAWAL
If a delivered product does not fully satisfy the Customer, the Customer may return it to the Website Operator. The Customer has fourteen (14) days to do so from the date of receipt of the order. The adress to return the product is : Hélène FRANCO 8 rue Orfila 75020 Paris, France.
In accordance with Article L.221-21 of the French Consumer Code and in order to exercise this right of withdrawal under the conditions set forth in Articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below: https://entreprendre.service-public.fr/vosdroits/R38397
The Website Operator will send an acknowledgment of receipt of the Customer’s withdrawal request via email.
If applicable, the Customer may exercise their right of withdrawal by providing the following information to the Website Operator:
- name, physical address, phone number, and email address;
- decision to withdraw by means of an unambiguous statement (for example, a letter sent by mail, fax, or email, provided that these contact details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form, but this is not mandatory.
Return shipping costs are the Customer’s responsibility, unless the item cannot be returned by standard mail, in which case the Website Operator will collect the Product at its own expense. The exceptions under Article L.221-28 of the Consumer Code apply and preclude the exercise of the right of withdrawal, particularly if the order consists of a contract:
- for the provision of services fully performed before the end of the withdrawal period and whose performance began after the consumer’s prior express consent and express waiver of their right of withdrawal;
- for the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- for the supply of goods made to the consumer’s specifications or clearly personalized;
- for the supply of goods liable to deteriorate or expire rapidly;
- for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
- for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the seller;
- maintenance or repair work to be performed on an emergency basis at the consumer’s home and expressly requested by the consumer, limited to the replacement parts and work strictly necessary to address the emergency;
- the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical, or magazine, except for subscription contracts for such publications;
- concluded during a public auction;
- the provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering, or leisure activities that must be provided on a specific date or during a specific period;
- for the supply of digital content not provided on a tangible medium, where performance has begun following the consumer’s prior express consent and express waiver of their right of withdrawal.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused, and with all applicable accessories.
In addition to the returned Product, the return package must also include a letter specifying the Customer’s exact and complete contact information (last name, first name, address), the order number, and the original purchase invoice.
The Site Operator will refund the Customer the amount of the Product within fourteen (14) days of receiving the Product and all the necessary documents to process the refund. This refund may be issued via the same payment method used by the Customer. In this regard, Customers who paid for their order using store credit or gift cards may be reimbursed via store credit or gift cards at the discretion of the Website Operator.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal terms.
ARTICLE 11 — CUSTOMER SERVICE
The Customer may contact the Site Operator:
- at the following number: 0643870161
- by email at helene.franco75@gmail.com, providing their name, phone number, the subject of their request, and the order number in question.
ARTICLE 12 — INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Site Operator is the sole owner of all elements present on the Site, including, without limitation, all text, files, images (animated or otherwise), photographs, videos, logos, designs, models, software, trademarks, visual identity, databases, the Site’s structure, and all other and all other intellectual property and other data or information (hereinafter, the “Elements”) that are protected by French and international laws and regulations relating, in particular, to intellectual property.
Consequently, none of the Site’s Elements may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, displayed, stored, used, rented, or exploited in any other manner, whether for free or for a fee, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown at this time, without the prior express written authorization of the Site operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.
ARTICLE 13 — LIABILITY AND WARRANTY
The Site Operator shall not be held liable for any failure to perform the contract attributable to the Customer or due to an event classified as force majeure by the competent courts, or due to an unforeseeable and insurmountable act by any third party to this agreement.
The Customer acknowledges that the characteristics and limitations of the Internet do not allow for a guarantee of the security, availability, and integrity of data transmissions over the Internet. Thus, the Site Operator does not guarantee that the Site and its services will operate without interruption or operational errors. In particular, the operation of the Site may be temporarily interrupted for maintenance, updates, or technical improvements, or to update its content and/or layout.
The Site Operator cannot be held liable for any use of the Site and its services by Customers in violation of these Terms and Conditions, nor for any direct or indirect damages that such use may cause to a Customer or a third party. In particular, the Site Operator cannot be held liable for false statements made by a Customer or for the Customer’s conduct toward third parties. In the event that the Site Operator is held liable due to such conduct by one of its Customers, the Customer agrees to indemnify the Site Operator against any judgment rendered against it and to reimburse the Site Operator for all costs, including attorneys’ fees, incurred in its defense.
Regardless of any additional contractual warranty (commercial warranty) that may be provided, the Products are covered by the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to 217-14 of the French Consumer Code), and the warranty against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
When you act under the legal warranty of conformity:
- you have a period of two years from the date of delivery of the item to take action:
- you may choose between repair or replacement of the item, subject to the cost conditions set forth in Article L. 217-9 of the Consumer Code;
- you are not required to provide proof of the item’s lack of conformity during the twenty-four (24) months following delivery of the item (except for used items).
- You may decide to invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, you may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
- Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9, and L. 217-12 of the Consumer Code, Articles 1641 and 1644, and the first paragraph of Article 1648 of the Civil Code, as in effect on the date of these General Terms and Conditions of Sale:
- Art. L.217-4 of the Consumer Code:
- “The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such installation was made at the seller’s expense under the contract or was carried out under the seller’s responsibility.” ”
- Art. L.217—5 of the French Consumer Code:
- “The goods are in conformity with the contract:
- 1° If they are fit for the purpose usually expected of similar goods and, where applicable:
- — whether it corresponds to the description provided by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- — whether it possesses the qualities that a buyer may legitimately expect in light of public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling;
- 2° Or if it possesses the characteristics defined by mutual agreement between the parties or is suitable for any special purpose sought by the buyer, brought to the seller’s attention, and accepted by the seller. »
- Art. L.217—7 of the Consumer Code:
- “Lack of conformity that becomes apparent within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise.
- For secondhand goods, this period is set at six months.
- The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.”
- Art. L.217—9 of the Consumer Code:
- “In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse to comply with the buyer’s choice if that choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In such a case, the seller is required to proceed, unless it is impossible, according to the option not chosen by the buyer.”
Article 1641 of the Civil Code:
“The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have purchased it, or would have paid a lower price for it, had the buyer known of such defects. ”
Article 1644 of the Civil Code:
“In the cases provided for in Articles 1641 and 1643, the buyer may choose either to return the item and receive a refund of the purchase price, or to keep the item and receive a partial refund of the purchase price. ”
Article 1648, paragraph 1 of the Civil Code:
“An action arising from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
It is noted that seeking amicable solutions prior to any legal action does not interrupt the time limits for legal warranties or the duration of any contractual warranty.
ARTICLE 14 — COMMERCIAL WARRANTY
The commercial warranty (a contractual commitment by the Website Operator, in addition to its legal obligations regarding the warranty of conformity of the Products) is the subject of a written contract in accordance with the provisions of Articles L. 217-15 et seq. of the Commercial Code, a copy of which is provided to the Customer.
When applicable, a contract is sent directly to the customer.
ARTICLE 15 — AFTER-SALES SERVICE
After-sales services provided by the Website Operator that are not covered by the commercial warranty are subject to a contract, a copy of which is provided to the Customer.
Claims made under the warranties must be addressed to the after-sales service at the following contact information:
email address: helene.franco75@gmail.com
mailing address: 8 rue Orfila 75020 Paris
phone number: 0643870161
Products covered by warranties must be returned new, complete, and in their original condition and packaging after the after-sales service has received and confirmed the claim.
The Customer will be reimbursed for return shipping costs no later than thirty (30) days after the Site Operator receives the product.
ARTICLE 16 — PERSONAL DATA
For more information regarding the use of personal data by the website operator, please carefully read the Privacy Policy (the “Privacy Policy”). You may view this Privacy Policy on the Website at any time.
ARTICLE 17 — HYPERLINKS
The hyperlinks available on the Site may direct you to third-party sites not published by the Site Operator. They are provided solely for the Customer’s convenience, to facilitate the use of resources available on the Internet. If the Customer uses these links, , they will leave the Site and thereby agree to use such third-party sites at their own risk or, where applicable, in accordance with the terms and conditions governing them.
The Customer acknowledges that the Site operator does not control or contribute in any way to the development of the terms of use and/or content applicable to or appearing on such third-party sites.
ARTICLE 18 — REFERENCES
The Customer authorizes the Site Operator to mention the Customer’s name and logo as a reference in its communication materials (brochures, website, commercial proposals, press relations, press releases, press kits, internal communications, etc.).
ARTICLE 19 — GENERAL PROVISION
ENTIRE AGREEMENT
These General Terms and Conditions constitute a contract governing the relationship between the Client and the website operator. They constitute the entirety of the rights and obligations of the Company and the website operator with respect to their subject matter. If one or more provisions of these General Terms and Conditions are declared null and void pursuant to a law, regulation, or following a final decision by a competent court, the remaining provisions shall remain in full force and effect. Furthermore, the failure of either party to these Terms and Conditions to assert a breach by the other party of any provision of these Terms and Conditions shall not be construed as a waiver on their part of the right to rely on such a breach in the future.
BLOCTEL
You have the option to register for free on the BLOCTEL do-not-call list (www.bloctel.gouv.fr) to prevent receiving unsolicited sales calls from businesses with which you do not have an existing contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014, on consumer protection. Any consumer may register for free on this list at https://conso.bloctel.fr/index.php/inscription.php.
REVIEWS
General Information: To ensure the authenticity and reliability of reviews published on our platform, Missloveschic is committed to implementing a verification process for reviews submitted by consumers. This approach aims to strengthen our users’ trust and prevent the dissemination of misleading or incorrect information.
Verification Procedure: All reviews submitted on our platform are subject to a verification process. This process includes, but is not limited to: Verification of the submitter’s identity;
Confirmation that the reviewer has actually purchased or used the product/service in question; A review of the content to ensure it complies with our publication guidelines.
Transparency: In accordance with Article L. 111-7-2 of the French Consumer Code, each published review will include the date of publication as well as the date of the experience as a waiver on their part of the right to rely on such a breach in the future.
BLOCTEL
You have the option to register for free on the BLOCTEL do-not-call list (www.bloctel.gouv.fr) to prevent receiving unsolicited sales calls from businesses with which you do not have an existing contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014, on consumer protection. Any consumer may register for free on this list at https://conso.bloctel.fr/index.php/inscription.php.
REVIEWS
General Information: To ensure the authenticity and reliability of reviews published on our platform, Missloveschic is committed to implementing a verification process for reviews submitted by consumers. This approach aims to strengthen our users’ trust and prevent the dissemination of misleading or incorrect information.
Verification Procedure: All reviews submitted on our platform are subject to a verification process. This process includes, but is not limited to: Verification of the submitter’s identity;
Confirmation that the reviewer has actually purchased or used the product/service in question; A review of the content to ensure it complies with our publication guidelines.
Transparency: In accordance with Article L. 111-7-2 of the French Consumer Code, each published review will include the date of publication as well as the date of the consumer experience to which it refers. The criteria for ranking reviews will be clearly indicated next to the reviews section.
Refusal to publish: Missloveschic reserves the right not to publish or to remove any review that does not comply with our guidelines or that could be considered misleading, false, or malicious. In such cases, the reasons for the refusal to publish will be communicated to the author of the review.
Commitment: Missloveschic commits to never modifying or altering the content of a review, except in cases of clear non-compliance with our guidelines or when required by law.
Reporting: Platform users are encouraged to report any review that seems suspicious or non-compliant. Missloveschic will promptly review these reports and take appropriate action.
CHANGES TO THE TERMS
The Site Operator reserves the right to modify the content of the Site or the services available on it at any time and without notice, and/or to temporarily or permanently cease operating all or part of the Site.
Furthermore, the Site Operator reserves the right to modify at any time and without notice the Site’s location on the Internet, as well as these Terms and Conditions. The Customer is therefore required to review these Terms and Conditions prior to any use of the Site.
The Customer acknowledges that the Site Operator shall not be held liable in any way whatsoever to the Customer or any third party as a result of such modifications, suspensions, or terminations.
The Website Operator advises the Customer to save and/or print these Terms and Conditions for safe and permanent storage, so that they may be referred to at any time during the performance of the contract if necessary.
COMPLAINTS — MEDIATION
In the event of a dispute, you must first contact the company’s customer service department at the following address: helene.franco75@gmail.com.
If you have been unable to resolve your dispute following a written complaint (letter or email), dated, detailing the circumstances that gave rise to the dispute and your claim, submitted to customer service, or if you have not received a response from customer service within ten (10) days, you may refer the matter to the consumer mediator designated below if you have received a written rejection from us or no response two months after submitting your complaint.
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has established a consumer mediation mechanism. The selected mediation entity is: MEDIATION CONSOMMATION DÉVELOPPEMENT / MED CONSO DEV. In the event of a dispute, you may file your complaint on the website: https://www.medconsodev.eu or by mail by writing to: MEDIATION CONSUMER AFFAIRS AND DEVELOPMENT/MED CONSO DEV Centre d’Affaires Stéphanois SAS, L’HORIZON BUILDING – ESPLANADE DE FRANCE, 3 J. CONSTANT MILLERET STREET – 42000 SAINT-ÉTIENNE
Atlantique Médiation, C&C-médiation, and the Paris Mediation and Arbitration Center (CMAP) are mediators listed by the CECMC and qualified in the Jewelry/Watchmaking sector, whom you may contact.
The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse mediation and, if mediation is pursued, to accept or refuse the solution proposed by the mediator.
GOVERNING LAW
These Terms and Conditions are governed by, interpreted, and enforced in accordance with French law.
CUSTOMER’S ACCEPTANCE OF THE TERMS AND CONDITIONS
The Customer acknowledges having carefully read these General Terms and Conditions.
By registering on the Site, the Customer confirms having read and accepted the General Terms and Conditions, thereby becoming contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which, dated as of that day, may be provided to the Customer upon request; therefore, it is hereby specified that any amendment to the Terms and Conditions made by the Site Operator shall not apply to any orders placed prior to such amendment, unless the Customer who placed a given order expressly agrees otherwise.
LEGAL NOTICE
This website, accessible at the URL https://missloveschic.com/ (the “Website”), is hosted by Automattic Inc. (WordPress.com). 60 29th Street, 4th Floor, San Francisco, CA 94110, USA. Email: support@wordpress.com. Website: https://wordpress.com. Phone number: +1 877-273-3049.
Ms. Hélène Franco, sole proprietor
Address: 8 rue Orfila 75020 Paris, FRANCE
Headquarters Siret number: 97 963 371 600 019
Headquarters SIREN: 979 633 716
Main business activity: 47.91B — Mail-order sales via specialized catalogs
(Hereinafter referred to as the “Website Operator”).
The Site’s Publication Director is Ms. FRANCO Hélène
The Site Operator can be reached at the following phone number: 0643870161 and at the following email address: helene.franco75@gmail.com.
