Legal Notice
OBJECT
These general conditions of sale apply between:
The DESIREE SCHMIDT PARIS micro-enterprise
54 rue de Picpus 75012 PARIS
AND
Any natural person visiting or making a purchase via the website www.desiree-schmidt.com
Hereinafter "The User"
These conditions are intended to define the terms of distance selling between the DESIREE SCHMIDT PARIS micro-enterprise and the User, from order to payment and delivery. They regulate all the stages necessary for placing the order and ensure the follow-up of this order between the contracting parties.
Any order of a product offered on the site implies consultation and express acceptance without reservation to the general conditions of sale. These general conditions of sale may be subject to modifications, the applicable conditions are those in force on www.desiree-schmidt.com on the date of placing the order by the User.
The User declares that he has the capacity to conclude this contract, i.e. to have a legal majority and not to be under tutorship or curatorship.
The Parties agree that their relations will be governed exclusively by this contract. If a condition were to be lacking, it would be considered to be governed by the customs in force in the distance selling sector whose companies are headquartered in France.
1.PRODUCTS
- Availability of products
The products offered for sale by the micro-enterprise DESIREE SCHMIDT PARIS are those appearing on the site www.desiree-schmidt.com, on the day of consultation of the site by the User and within the limits of available stocks. In the absence of availability of the Product, DESIREE SCHMIDT PARIS micro-enterprise undertakes to inform the User as soon as possible.
In the event of unavailability beyond 30 days of a Product ordered and paid for, the User will be informed by email or by telephone. The cancellation of the order for this Product and its refund will then be made, the rest of the order remaining firm and final.
- Product description
The products offered for sale are described and presented with the greatest possible accuracy and the photographs and illustrations have an indicative value and are not contractual. However, if errors or omissions occur in this presentation, the responsibility of the micro-enterprise DESIREE SCHMIDT PARIS cannot be engaged.
- Property
The Products remain the property of the DESIREE SCHMIDT PARIS micro-enterprise until full payment of the price. In the event of default by the Purchaser of all or part of the price of the order DESIREE SCHMIDT PARIS reserves the right to ownership of the Products sold until full payment, enabling it to repossess said products. Where applicable, any deposit paid by the User will remain with the micro-enterprise DESIREE SCHMIDT PARIS as lump sum compensation, without prejudice to any other action that it may be entitled to take against the User.
- Product warranty
The User is solely responsible for the choice of products, their conservation and their use. All the products offered comply with current French legislation. In order to assert their rights, the User must, under pain of forfeiture of any action relating thereto, inform the site www.desiree-schmidt.com, by email, of the existence of the defects within a maximum period of 15 days from the date of receipt of the order. The DESIREE SCHMIDT PARIS micro-enterprise will repair, replace, or reimburse the Products or parts under warranty deemed to be defective. This warranty also covers labor costs.
2.PRICE
The prices are presented in euros (€) inclusive of all taxes included. They take into account possible reductions as well as VAT., Applicable on the day of the order. The prices indicated do not take account of the postage and packaging costs which will be invoiced in addition and will be specified to the User during the final validation of his order, except for the exceptions mentioned at the time of the order.
The prices indicated take into account the VAT applicable on the day of the order. If the VAT rate were to be changed, these changes could be reflected in the price of the items without the User being informed beforehand.
The DESIREE SCHMIDT PARIS micro-enterprise reserves the right to modify its prices at any time. The products will be invoiced on the basis of the prices in force at the time of the registration of the order.
Any order implies express and irrevocable acceptance of the prices and descriptions of the products available for sale. The User declares to have read and irrevocably accepted these General Conditions of Sale before placing their order. The validation of the order therefore implies acceptance of these General Conditions of Sale.
The computerized registers, stored in the computer systems of the micro-enterprise DESIREE SCHMIDT PARIS and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.
To place an order, the user may after selecting the products:
- View / Modify / Delete your basket
- Validate your basket and order
- Identify yourself
- Validate the delivery address
- Proceed to payment (Cf. Article 4)
- Receive a summary of the order
- Identify yourself
To proceed with the payment, the User must identify himself, either by entering his email and password if he has already placed an order on the site www.desiree-schmidt.com, or by filling in the appropriate form in the opposite case. In the latter case, the User must accurately complete the form made available to him, on which he will in particular include the information necessary for his identification. The information stated by the buyer, when taking the order commits it: in case of error in the wording of the recipient's contact details, the seller cannot be held responsible for the impossibility in which it could be to deliver the product. The User is informed and accepts that entering these two identifiers (email address and password) constitutes proof of his identity and expresses his consent.
- Validate the delivery address
Once the User has been identified, he must validate the delivery address and then a summary of the order will appear on the screen, listing: the nature, quantity and price of the Products retained by the User, as well as the total amount of the order and delivery address of the Products.
The order will not be definitively registered until the last validation of the payment screen of the order (by bank card). From the last click of acceptance, the order is considered irrevocable.
- Order Summary
When he has validated his payment, a summary of the User's order will be sent by e-mail to the e-mail address indicated by him at the time of the order. This confirmation will include all the constituent elements of the contract between the Parties, that the customer's order has been taken into account by the site www.desiree-schmidt.com, and not that the product ordered is available.
In any event, the micro-enterprise DESIREE SCHMIDT PARIS reserves the right to refuse any order or any delivery in the event of an existing dispute with the User, total or partial non-payment of a previous order by the User, refusal to authorize payment by bank card from banking and insurance organizations, non-payment or partial payment. The responsibility of the DESIREE SCHMIDT PARIS micro-enterprise cannot in any case be engaged on this basis.
4.PAYMENT
Payment is made securely online by cash card on the day of the actual order. The account is debited immediately from the amount of the products ordered.
In the event that You choose to pay by check, your order will not be processed until receipt thereof and the applicable times are those on the day of receipt of the check.
The supporting invoice for the products shipped will be inserted in the package containing the ordered products delivered to the delivery address indicated by the User. For gift orders, the invoice may be sent directly to the User.
Accepted cards are Carte Bleue, Visa, Mastercard.
In order to ensure payment security, the www.desiree-schmidt.com site uses the secure payment services: PAYPLUG and Paypal. These services integrate the SSL security standard. Confidential data (16-digit bank card number, expiration date and cryptogram) are directly transmitted encrypted on the SIPS server without passing through the physical media of the site server www.desiree-schmidt.com.
After the validation of the order, the payment request is routed in real time on the secure remote payment manager of PAYPLUG or Paypal. They send an authorization request to the bank card network. The electronic payment manager issues an electronic certificate
6.SHIPPING
- Deadlines
The micro-enterprise DESIREE SCHMIDT PARIS dispatches orders placed before noon within 48 hours worked from Monday to Saturday and delivers in 48 hours worked to the delivery address indicated when ordering by registered letter or colissimo by post throughout metropolitan France. In case of absence, a notice of delivery from the Post Office will be deposited in your mailbox. Your package will then be made available to you in the Post Office on which you depend for 15 days.
The delivery times indicated correspond to the times of processing and delivery of the Products. In no case may they be enforceable, but in the event of an unusual delay, an email will be sent to the User. The DESIREE SCHMIDT PARIS micro-enterprise cannot be held liable in the event of force majeure. Consequently, no claim for compensation of any kind may be claimed by the customer from DESIREE SCHMIDT PARIS
The costs of participation in the packaging, shipping and delivery are 5 € at the expense of the User with the Colissimo service or FREE in letter followed.
- Transport and verification upon receipt
The micro-enterprise DESIREE SCHMIDT PARIS reserves the choice of the transporter and guarantees the correct routing of the products. Transport risks are the responsibility of the customer from the exit of the product from the workshop.
The User is required to check the condition of the packaging and the conformity of the product delivered, and to make any reservations, if necessary, on the delivery note of the carrier. It is your responsibility when receiving the package to immediately check it and make reservations with the carrier "La Poste" by registered letter with acknowledgment of receipt within 48 hours of receiving the package and inform the site customer service www.desiree-schmidt.com at the email address: contact@desiree-schmidt.com.
Exceeding the shipping time, can not give rise to any cancellation of the order, to any reduction in the price paid by the buyer, and to any payment for damages, as soon as the customer is delivered within 30 working days, following confirmation of the order.
7. RETURNS AND EXCHANGE
From the date of receipt of the order, the User has a period of 14 days to inform customer service by e-mail and return an item if the latter does not satisfy him. You have the right to withdraw from this contract without giving reasons within fourteen days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, take physical possession of the last good. After this period, the products delivered will be deemed to be compliant and accepted by the customer, and the micro-enterprise DÉSIRÉE SCHMIDT PARIS reserves the right to refuse the exchange or refund.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail) by post to the address DESIREE SCHMIDT PARIS 54 rue de Picpus 75012 PARIS, France. by phone at +33 6 61 42 27 77 or by e-mail at contact@desiree-schmidt.com.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. You must return or return the goods to DÉSIRÉE SCHMIDT PARIS 54 rue de Picpus 75012 PARIS, France, without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from this contract to us. . This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period. A stamp for the return will be sent to you by e-mail or by post for shipments from France. You will have to bear the direct cost of returning the item if it is returned from a country other than France, the shipping costs will be reimbursed to you along with the returned product.
Effects of withdrawal
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a method of delivery other than the less expensive method of standard delivery offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any case, this reimbursement will not incur any costs for you. We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever date is first.
Exception to the right of withdrawal
The exercise of the right of withdrawal is excluded for the following contracts:
- contracts for the supply of goods made to the consumer's specifications or clearly personalized;
- Return conditions
The returned item must be unworn, in its original condition, complete in its original packaging accompanied by the return slip filled out carefully to be able to identify the customer and the order concerned.
In order to ensure the tracking of the package, the User must return by letter followed for delivery in France.
The Product (s) must be returned to the DESIREE SCHMIDT PARIS micro-enterprise, the address and full identification of which are as follows: DESIREE SCHMIDT PARIS 54 rue de Picpus 75012 PARIS
- Exchange or refund
If the above conditions are met, the micro-enterprise DESIREE SCHMIDT PARIS will then either exchange or reimburse the Product (s) returned within 14 days from the date received by the micro - DESIREE SCHMIDT PARIS company articles returned by the User.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
After this period, the products will be deemed to be in conformity and free from any apparent defect. Any complaint made after this period will therefore be rejected and the DESIREE SCHMIDT PARIS micro-enterprise will be released from all liability. The DESIREE SCHMIDT PARIS micro-enterprise reserves the right to ask the User to return the defective Product to him.
Products returned damaged, dirty or incomplete will not be refunded or exchanged.
8.PROTECTION OF PERSONAL DATA
- Personal information
The information of personal information collected within the framework of distance selling is compulsory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential and is only intended for the DESIREE SCHMIDT PARIS micro-enterprise.
In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal information collected on the site www.desiree-schmidt.com has been declared at the National Commission for Information Technology and Liberties: N ° 1247470. The User has the right to access, modify, rectify and delete data concerning him. To exercise this right, the User must send an e-mail to the customer service site www.desiree-schmidt.com at the following address: contact@desiree-schmidt.com.
However, with regard to their email address, this can only be communicated to said partners with the express agreement of the User. Of course, a posteriori, the User retains the possibility of refusing such a communication either by not giving his consent during the registration and / or validation of his order, or by expressing a posteriori his refusal by post, in accordance with paragraph above.
9.INTELLECTUAL PROPERTY
All elements of the www.desiree-schmidt.com site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of the DESIREE SCHMIDT PARIS micro-enterprise. The user who has a personal website and who wishes to place, for personal use, on his site a simple link direct to the homepage of the DESIREE SCHMIDT PARIS micro-business website, without specific request to the DESIREE SCHMIDT PARIS micro-enterprise.
On the other hand, any hypertext link referring to the site of www.desiree-schmidt.com and using in particular the technique of framing, deep-linking, in-line linking or any other technique of deep link is in any event formally prohibited .
In all cases, any link, even tacitly authorized, must be removed at the request of the DESIREE SCHMIDT PARIS micro-enterprise.
10. RESPONSIBILITIES
The DESIREE SCHMIDT PARIS micro-enterprise has, for all stages of access to the site, the ordering process, delivery or subsequent services, only an obligation of means. The responsibility of the micro-enterprise DESIREE SCHMIDT PARIS cannot be engaged for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses, or any qualified fact force majeure, in accordance with case law.
Furthermore, the micro-enterprise DESIREE SCHMIDT PARIS disclaims its responsibility for any breach of its contractual obligations in the event of force majeure or fortuitous, including without this list being exhaustive internal or external strike, fire, disaster, internal or external failure, and generally any event that does not allow the proper execution of orders.
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale.
13. DURATION
These conditions apply throughout the duration of online services offered by the site www.desiree-schmidt.com.
14.APPLICABLE LAW - DISPUTES
These general conditions of sale are subject to French law. Can not be held responsible for damage of any kind, whether tangible or intangible, which could result from a malfunction or improper use of products sold. The same is true for any modifications to the products resulting from the manufacturers. The responsibility of the micro-enterprise DESIREE SCHMIDT PARIS will, in any event, be limited to the amount of the order and cannot be questioned for simple errors or omissions which could have subsisted despite all the precautions taken in the presentation of the products
In the event that a dispute arises from this contractual relationship, the User and the micro-enterprise DESIREE SCHMIDT PARIS undertake before any legal action to seek an amicable solution.
In the event of a dispute, only the French courts will have jurisdiction.
Contact details of the micro-enterprise
DESIREE SCHMIDT Paris
54 rue de Picpus
75012 Paris
Phone: 00 33 (0) 6 61 42 27 77
Contact Customer service: contact@desiree-schmidt.com
The hosting of www.desiree-schmidt.com is provided by the company PHPNET