GENERAL CONDITIONS OF USE

GENERAL CONDITIONS OF USE

Date of the last update 20TH OCTOBER 2017

 

Article 1 – LEGAL MENTIONS

This website, accessible at the URL WWW.MAVREEN.COM

MAVREEN SAS

99 BIS AVANUE GENERAL LECLERC

75014 PARIS

SIRET 830 759 536 00014

Contact@mavreen.com

 is edited by:

Adresse postale : 1&1 Internet SARL 7, place de la Gare BP 70109. 57201 Sarreguemines Cedex
Tel : 0970 808 911 (appel non surtaxé)
Fax au 03 87 95 99 72.
Mail :support@1and1.fr
Site : www.1and1.fr

 

 

Article 2 – GENERAL DISPOSITIONS RELATED TO THESE GENERAL CONDITIONS OF USE

The GCU (the « General Conditions of Use », or the « GCU ») are made available to the clients on the Website where it can be directly consulted and can also be communicated to the clients upon simple request by any means.

The GCU are opposable to the client who recognise, by checking the box made for it, having knowledge of it and having accepted it before making an order. The validation of the order by his confirmation which declares his adhesion to the GCU into force at the day of the order to which the conservation and the reproduction are ensured by the Operator.

 

The GCU are also automatically sent with any confirmation of the order transmitted to the Client by the Operator. Any Client is deemed to have acknowledged and accepted, without reserve, the integrality of the GCU dispositions, which will be applicable to all services achieved by the Operator. The GCU will prevail on all clauses and conditions otherwise imposed that can appear on the general conditions of purchase or any other document emanating from the Client. Therefore, any condition otherwise imposed by the Client will be, at default of express acceptation by the Operator, unenforceable to this latter. However, the Operator reserves the right to derogate from some clauses of the GCU according to the negotiations made with the Client, by establishment of special sale conditions (especially by the conclusion of a service delivery contract) which will be approved by the Client.

 

Article 3 – DESCRIPTION OF THE SERVICES

The Website is a website selling clothes online.

The Services presented on the Website, each constitute a description mentioning their essential characteristics. The pictures illustrating the Services don’t constitute a contractual document. The Services are in compliance with the prescription of the French law into force, they are regularly updated and their content can be removed or modified at any moment.

 

Article 4 – CREATION OF THE CUSTOMER AREA

To make an order on our website (in the case where you aren’t login to a Mavreen account), you must provide us various personal informations, especially your name, email address, your address of invoicing, your delivery address and your telephone number to create an account.

Once created, to access it, you must identify yourself by using your username and your secret, personal and confidential password.

After the creation of your personal customer area, you will receive a confirmation email of the creation of your customer area.

During your inscription, you must ensure to:

 -       deliver informations that are exact, real and updated at the moment of your inscription to the service, and especially to not use false names or address, or even names and address without being authorised to do it.

-       maintain updated your data to guarantee, in a permanent way, their real, exact and updated characters.

You must not make available or distribute illicit or reprehensible informations (such as slanderous informations or constituting an impersonation) or even harmful (such as virus). Otherwise, we will be able to suspend or delete the access of the Client to the Website because of these exclusive issues.

 

Article 5 – ORDERS

The steps to order on the Website are the following:

STEPS:

  1. Find the desired products.
  2. Add the products to your shopping cart.
  3. Process to the payment.
  4. Select the options of shipping and invoicing.
  5. Verify the order.
  6. Validate your order.
  7. Receive an order confirmation online.

We reserve the right to not validate your order for any legitimate reason, especially in the hypothesis where:

-       Non-respect of the General Conditions of Use into force during your order.

-       The contact details of invoicing that you have communicated aren’t correct or can’t be verified.

-       One of the previous order of the Client is subject to a litigation under process.

-       The product isn’t available (in this case, the amount of your order will be reimbursed).

In case of non-respect of one of these dispositions, we reserve the right to delete, without prior notice, your customer account.

 

Article 6 – MODALITIES OF PAYMENTS AND SECUREMENT

Any order effectuates on the Website is an order with a payment obligation, which necessitates the payment of a price for the ordered item.

The orders can be paid by one of these following payment modes:

 - Payment by credit card. The payment is directly effectuated on the banking secured servers of the Operator bank, the banking details of the Client will not be transmitted to the Website. The banking details communicated during the payment will be protected by a SSL encryption (Secure Socket Layer). This way, these details will not be accessible by third-parties.

The order of the Client is registered and validated as soon as the payment is accepted by the bank.

The Client account will be debited of the corresponding amount only once (i) the data of the credit card used are verified and (ii) the debit is accepted by the bank having issued the credit card.

The impossibility to debit the sums owed will cause the immediate nullity of the sale.

The credit card can especially be refused if it has expired, if the maximal amount is reached to which the Client has the right or if the data given are incorrect.

 - Payment by electronic wallet (e.g. PayPal). The Client already possesses an account on the electronic wallet used by the Operator. The Client can use this account and pay his order in all security without communicating his banking details.

As part of the control procedures, we can request you any piece necessary to the finalisation of your order. These pieces will not be used to any other purposes that these.

 

Article 7 – PAYMENT OF THE PRICE

The price of the Services into force during the order is indicated in euros including all taxes (VAT) on the Website. In case of promotion, we engage ourselves to apply the promotional price to any order made during the period of the advertising made for the promotion.

The price is payable in exclusively in euros (€) and dolar($)

The total amount owed by the Client and his detail are indicated on the confirmation page of the order.

 

Article 8 – RIGHT OF WITHDRAWAL

You benefit of a withdrawal delay of fourteen (14) working days starting from the conclusion of the contract, according to the article L. 221-19 of the Consumer Code.

According to the article L.221-21 of the Consumer Code and to execute this withdrawal right in the conditions of the articles L. 221-18 and following the Consumer Code, the Client is invited to return the items.

We reimburse the sums owed to the Client within a delay of fourteen (14) working days starting from the reception of all elements allowing the execution of the reimbursement. This reimbursement can be effectuated by the same payment method used by the Client. It means that if the Client paid his order by means of credit notes/gift coupons, can be reimbursed by credit notes/gift coupons depending on the will of the Operator.

By accepting these General Conditions of Use, the Client expressly recognises having been informed of the withdrawal modalities.

 

Article 9 – CUSTOMER SERVICE

The Client can contact the Operator:

 

  • by email addressed to contact@mavreen.com by indicating his name, telephone number, the object of his request and the concerned order number.

 

Article 10 – COPYRIGHT AND LICENCE TO USE THE WEBSITE

We are the owner of all elements present on the Website, especially and without limitation, all texts, files, animated or non-animated pictures, pictures, videos, logos, drawings, models, software, brands, visual identity, database, structure of the Website and any other element of copyright and other data or informations which are protected by the French and international laws and regulations related particularly to the copyright.

 

Accordingly, none of the Elements of the Website can be, in totality or partially, modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcasted, represented, stocked, used, rented or exploited in any manner, free of charge or against payment, regardless of the means and/or supports used,  known or unknown this day, without the prior express and written agreement of the Operator depending on the case, and the Client is the sole responsible for any non-authorised use and/or exploitation.

 

Article 11 – RESPONSIBILITY AND GUARANTEE

We must not be held responsible for the non-execution of the contract because of the Client or because of an event qualified as force majeure by the competent courts or even because of the unpredictable and insuperable fact of any third-parties.

The Client recognises that the characteristics and inconvenient of Internet don’t allow to guarantee the security, availability and integrity of the data transmissions on Internet. Hence, we don’t guarantee that the Website and its services work without interruption nor malfunctions. In particular, their exploitation can be momentary interrupted because of maintenance, updates or technical improvements, or to improve the content and/or their presentation.

 

We must not be held responsible for the use made of the Website and its services by the Clients violating these General Conditions of Use and the direct or indirect damages that could be caused by this use to a Client or to a third-party.

 

Article 12 – PERSONAL DATA

You are informed by those that the personal data indicated as mandatory on the forms and collected as part of the service described in those, are necessary to the use of the Website. Among the personal data collected, can appear:

-       The first and last names.

-       The email address.

-       The telephone number.

-       The date of birth.

-       The password.

 

We engage ourselves to ensure the protection of the personal data and the whole personal data obtained as part of the use of the Website services.

For this reason, you are the sole responsible of the confidentiality preservation of your username and password, and are the sole responsible of all accesses to your Client account, authorised or non-authorised.

We must not be held responsible for any action or damaging fact realised via your personal area by a third-party who could have access to your username and password following a mistake or negligence from your side.

All personal data are directly collected from you and treated by Mavreen  to allow the execution and management of the services of the Website. These data can also serve to elaborate statistics to improve the services of the Websites. These data can be transmitted to the partners and intervenors in the process of the shipping, invoicing and management for the treatment of the orders as well as the marketing management and customer relation.

  

Article 13 – HYPERTEXT LINKS

The hypertext links available on the Website can send you to third-party websites non-edited by mavreen. It is only provided for the convenience of the Client, to facilitate the use of the resources available on Internet. If the Client use these links, he quits the Website and will then accept to use the third-party websites at his own risks and perils or if applicable, according to the conditions which govern them.

Accordingly, Mavreen must not be held responsible in any way of these hypertext links.

The Website can also contain promotional hypertext links and/or advertising banners sending you to third-party websites non-edited by the Operator.

Mavreen invites you to report any hypertext links present on the Website that allow to access to a third-party website proposing a content contrary to the laws and/or moralities.

 

GENERAL DISPOSITIONS

 

INTEGRALITY OF THE AGREEMENT BY THE PARTIES

These General Conditions of Use constitute a contract governing the relations between the Client and the Operator. It constitutes the integrality of the rights and obligations of the Company and of the Operator related to their purpose. If one or several stipulations of these General Conditions of Use were declared as void in application of a law, regulation or following a definitive decision of the competent jurisdiction, the other stipulations will keep all their strength and scale. Furthermore, the fact, for one of the parties to these General Conditions of Use, can’t be interpreted as a renunciation from his part to prevail in the future for such a violation.

 

MODIFICATIONS OF THE CONDITIONS

We reserve the right to modify, at any moment and without prior notice, the content of the Website or services which are available on it, and/or to cease, in a temporary or definitive manner, the exploitation of the totality or a part of the Website.

Furthermore, Mavreen reserve the right to modify, at any moment and without prior notice, the localisation of the Website on Internet, as well as these General Conditions of Use. Thus, the Client must refer to these General Conditions of Use before any use of the Website. IN CASE OF MATERIAL MODIFICATIONS AND IN THE HYPOTHESIS OF CONTINUOUS/ONGOING SERVICE DELIVERY, THE USER WILL BE INFORMED BY MEANS OF AN EMAIL AND OF A NOTIFICATION ON THE WEBSITE BEFORE THE ENFORCEMENT OF THE MODIFICATION.

  

APPLICABLE LAW

These General Conditions of Use are governed, interpreted and applied according to the French Law.

 

ACCEPTATION OF THE GENERAL CONDITIONS BY THE CLIENT

The Client recognises having carefully read these General Conditions of Use.

By registering on the Website, the Client confirms having knowledge of the General Conditions of Use and to accept it, making it contractually linked by the terms of these General Conditions of Use.

The General Conditions of Use applicable to the Client are the ones available starting from the order date of which a copy dated to this day can be provided upon request of the Client, it is this specified that any modification of the General Conditions of Use, which would be effectuated by the Operator, will not apply to any order previously intervened, except with express agreement of the Client at the origin of a given order.