ARTICLE 1 - Description of the Vendor
EURL IM GROUPE
5 Ter Avenue Wilson 90000 BELFORT
822751814 RCS BELFORT
contact@misia.fr
Terms and conditions of sale
ARTICLE 2 - Scope of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by IM GROUPE (“the Seller”) with consumers and non-professional buyers (“the Customers or the Customer”) (also referred to individually as “a Party” and collectively as “the Parties”) wishing to acquire the products offered for sale by the Seller (“the Products”) on the website https://misia.fr.
In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
These General Terms and Conditions of Sale may be supplemented by special conditions, set out on the website, prior to any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
These General Terms and Conditions of Sale are systematically communicated to all customers prior to placing an order and will prevail, where applicable, over any other version or any other contradictory document.
They can be accessed at any time on the https://misia.fr website.
The Customer declares that he has read and accepted these General Terms and Conditions of Sale before placing his order. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the website on the date the order is placed.
Modifications to these General Terms and Conditions of Sale apply to users of the https://misia.fr website from the date they are posted online, and cannot be applied to transactions concluded previously.
ARTICLE 3 - Products offered for sale
The Products offered for sale on the https://misia.fr website are as follows: – MISIA technical sports shoes.
The main characteristics of the Products, comprising all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the https://misia.fr website in the product sheets and the Vendor’s catalog.
The customer is obliged to read them before placing an order. The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the https://misia.fr website are not contractual and do not engage the responsibility of the Seller.
The Customer must refer to the description of each Product to find out about its properties, essential features and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
Contractual information is presented in French and will be confirmed at the latest when the order is validated by the Customer.
Product offers are subject to availability, as specified when the order is placed.
In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has the right to access, rectify, oppose, delete and port all of his personal data at any time by writing, by post and providing proof of his identity, to the Seller’s address, mentioned above.
The Customer acknowledges having the capacity required to contract and purchase the Products offered on the https://misia.fr website.
ARTICLE 4 - Orders
4-1 . Placing an order
It is the Customer’s responsibility to select the Products they wish to order on the https://misia.fr website, according to the following procedures:
- product selection ;
- enter your postal address ;
- entering bank details ;
- payment validation ;
- delivery.
The customer can check the details of his order, its total price and correct any errors before confirming his acceptance. It is the customer’s responsibility to check the accuracy of the order and to report or rectify any errors immediately.
The registration of an order on the https://misia.fr website is completed when the customer accepts the present General Terms and Conditions of Sale by ticking the appropriate box and validates the order. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale as well as the general terms and conditions of use of the https://misia.fr website.
The sale is final only after the Vendor has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and after the Vendor has collected the full price.
Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, on the https://misia.fr website constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
Customers can track the progress of their orders on the https://misia.fr website.
4-2 . Order modification
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
4-3 . Order cancellation
Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of withdrawal or force majeure.
ARTICLE 5 - Rates
Products are supplied at the current prices shown on the https://misia.fr website at the time the order is registered by the Vendor. Prices are given in Euros, excluding VAT and including VAT.
Prices take into account any discounts granted by the Seller on the https://misia.fr website.
These prices are firm and non-revisable during their period of validity, as indicated on the website https://misia.fr, the Seller reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the https://misia.fr website and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional costs of processing, shipping, transport and delivery, as calculated prior to validation of the order by the Customer, are entirely at the Customer’s expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
Any announcement of a price reduction shall indicate the price charged by the Vendor prior to the application of the price reduction, this prior price being defined as the lowest price charged by the Vendor to all Customers during the last thirty days prior to the application of the price reduction.
ARTICLE 6 - Terms of payment
Unless otherwise expressly stipulated in the special terms and conditions, payment of the price must be made in cash when the order is placed.
No order will be taken into account unless full payment has been received by this date. An invoice will be sent to the Buyer on request.
ARTICLE 7 - Delivery of Products ordered
Delivery of the Products means the transfer to the Customer of physical possession or control of the Products ordered.
In accordance with the provisions of article L 216-4 of the French Consumer Code, the delivery of the Products is accompanied by the handing over of the instructions for use, the installation instructions and a written document mentioning the possibility of expressing reservations.
The Products ordered by the Customer will be delivered in mainland France (for other countries, please contact the Vendor) within eight days of dispatch of the order to the address indicated by the Customer when placing the order on the https://misia.fr website.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single delivery.
The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the time limits specified above.
However, these times are given for guidance only.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the Customer may notify the Vendor, under the conditions provided for in article L 216-6 of the French Consumer Code :
- or the suspension of payment of all or part of the price until the Seller performs, under the conditions set out in articles 1219 and 1220 of the French Civil Code (exception d’inexécution),
- or the cancellation of the sale, after having given the Vendor formal notice to perform within a reasonable additional period which has not been respected by the Vendor.
Termination may be immediate if the Vendor refuses to perform, or if it is clear that he will not be able to deliver the Products, or if the failure to meet the delivery date was an essential condition of the sale for the Customer.
In the event of cancellation of the sale, the sums paid by the Customer will be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
The Seller assumes the risks of transport and is obliged to reimburse the Customer in the event of damage caused during transport.
In the event of a special request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, subject to prior acceptance by the Customer.
The customer must check the condition of the products delivered. The customer has a period of 48 hours from delivery to express any reservations or complaints by e-mail concerning non-conformity, defects or apparent faults in the Products delivered (e.g. damaged package already opened, etc.), as well as in the event of failure to provide the user manual or installation instructions, with all the relevant supporting documents (photos in particular). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free of any apparent defect.
It is reminded that the absence of reservations formulated by the Customer at the time of delivery of the Products does not exonerate the Vendor from the guarantee of conformity, as described below.
ARTICLE 8 - Transfer of ownership - Transfer of risk
The transfer of ownership of the Vendor’s Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products, which therefore travel at the risk of the Vendor, except when the Customer uses a carrier chosen by the Customer, independent of the Vendor, in which case the transfer of risks takes place when the Products ordered by the Vendor are handed over to the carrier chosen by the Customer.
ARTICLE 9 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Products to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within eight days of notification to the Vendor of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned.
The right of withdrawal may be exercised online, using the withdrawal form available on the website https://misia.fr, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Vendor, or any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.
Reimbursement will be made within fourteen days of notification to the Vendor of the decision to withdraw.
ARTICLE 10 - Seller's liability - Warranty
The Products sold on the https://misia.fr website comply with the regulations in force in France and their performance is compatible with non-professional use.
Products supplied by the Vendor benefit from the right of withdrawal by operation of law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity, for apparently defective, damaged or damaged Products or Products that do not correspond to the order,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
10-1 . Legal warranty of conformity
The Vendor undertakes to deliver goods that comply with the contractual description and the criteria set out in Article L217-5 of the French Consumer Code.
It is liable for defects in conformity existing at the time of delivery of the Products and which appear within two years of delivery.
This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code, with prescription starting on the day the Customer becomes aware of the lack of conformity.
In the absence of proof to the contrary, defects in conformity that appear within twenty-four months (or twelve months in the case of second-hand goods) of delivery of the Products are presumed to have existed at the time of delivery.
In the event of non-conformity, the Customer may demand that the Products delivered be repaired or replaced, or, failing this, that the price be reduced or the sale rescinded, in accordance with the legal conditions.
He may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the Seller has fulfilled his obligations under the legal warranty of conformity, under the conditions of articles 1219 and 1220 of the Civil Code.
It is the Customer’s responsibility to ask the Vendor to bring the Products into conformity, by choosing between repair or replacement. The goods are brought into conformity within a period not exceeding thirty days following the Customer’s request.
Repair or replacement of the non-conforming Product includes, where applicable, removal and return of the Product, as well as installation of the conforming or replaced Product.
Any Product brought into conformity within the framework of the legal guarantee of conformity benefits from a six-month extension of this guarantee.
In the event of replacement of a non-conforming Product when, despite the Customer’s choice, the Vendor has not brought the Product into conformity, the replacement shall start a new period of legal warranty of conformity for the benefit of the Customer, starting from the delivery of the replaced Product.
If the requested compliance is impossible or involves disproportionate costs under the conditions set out in article L 217-12 of the French Consumer Code, the Seller may refuse to comply. If the conditions set out in article L 217-12 of the French Consumer Code are not met, the customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.
Finally, the customer may demand a price reduction or rescission of the sale (unless the lack of conformity is minor) in the cases provided for in article L 217-14 of the French Consumer Code.
When the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer is not obliged to first request the repair or replacement of the non-conforming Product.
The price reduction is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.
In the event of cancellation of the sale, the Customer will be reimbursed the price paid in exchange for the return of the non-conforming Products to the Vendor, at the latter’s expense.
Reimbursement will be made upon receipt of the non-conforming Product or proof of its return by the Customer, and at the latest within the following fourteen days, using the same means of payment as that used by the Customer at the time of payment, unless the Customer expressly agrees otherwise, and in any event at no additional cost.
The foregoing provisions are without prejudice to the possible award of damages to the Customer for any loss suffered by the latter as a result of the lack of conformity.
10-2 . Legal warranty against hidden defects
The Seller is liable for hidden defects within the framework of the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.
The Customer may decide to invoke the warranty against hidden defects in the Products in accordance with article 1641 of the French Civil Code; in this case, he may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
10-3 . Warranty exclusions
The Vendor cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to check before placing an order,
- in the event of misuse, professional use, negligence or defect
maintenance by the Customer, or in the event of normal wear and tear, accident or force majeure.
Box inserted in the General Terms and Conditions of Sale in application of the provisions of article D 211-2 of the French Consumer Code concerning the legal warranties of conformity and latent defects:
Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance. Where the contract for the sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance. The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good. The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, at no cost and without any major inconvenience to him. If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty. If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:1° The trader refuses to repair or replace the goods;2° The repair or replacement of the goods takes place after a period of thirty days;3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good;4° The non-conformity of the good persists despite the seller’s unsuccessful attempt to bring it into conformity. The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand. The consumer is not entitled to have the sale rescinded if the lack of conformity is minor. Any period of immobilization of the good with a view to its repair or replacement suspends the warranty which remained in force until the delivery of the reconditioned good. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code. Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).Consumers also benefit from the legal guarantee against hidden defects, in application of articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.
ARTICLE 11 - Protection of personal data
Pursuant to Law 78-17 of January 6, 1978, amended by Law no. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for the processing of his/her order and the preparation of invoices, in particular.
This data may be communicated to any of the Vendor’s partners responsible for executing, processing, managing and paying for orders.
The processing of information communicated via the https://misia.fr website complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of this data.
In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him or her.
This right may be exercised in accordance with the terms and conditions set out on the https://misia.fr website.
ARTICLE 12 - Intellectual property
The content of the https://misia.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 13 - Anticipation
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
ARTICLE 14 - Force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.
ARTICLE 15 - Termination
Please note that, in accordance with legal provisions, the contract may be terminated electronically if the contract has been concluded electronically or if, on the date of termination, the Seller offers customers the possibility of concluding contracts electronically.
To this end, a free functionality is made available to the Customer, enabling him to carry out, by electronic means, the notification and all the steps necessary for the termination of the contract, of which the Vendor must acknowledge receipt by informing the Customer, on a durable medium and within a reasonable period of time, of the date on which the contract ends and the effects of the termination.
ARTICLE 16 - Applicable law - Language
These General Terms and Conditions of Sale and any transactions arising therefrom are governed by French law.
They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 17 - Disputes
Any and all disputes arising out of or in connection with the purchase and sale transactions entered into in application of these general terms and conditions of sale, concerning their validity, interpretation, performance, termination, consequences and after-effects, and which cannot be resolved between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.
The customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with existing sector-specific mediation bodies, the references of which can be found on the https://misia.fr website, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The contact details and procedures for contacting the mediator are as follows:
https://www.service-public.fr/particuliers/vosdroits/R48100
In the year following your request to our services, in application of article R. 616-1 of the French Consumer Code, you may have your request examined by a mediator, whose contact details are given below, bearing in mind that a dispute may only be examined by one mediator, save in exceptional circumstances:
Association of European Mediators (AME CONSO)
197 Boulevard Saint Germain Paris, 75007
France
Contact
E-mail address: administratif@mediationconso-ame.com Website: http://www.mediationconso-ame.com
Telephone: +33 (0)953010269
You may be assisted by a legal advisor at your own expense.
If the dispute must be brought before the courts, we remind you that, in application of article L 141-5 of the French Consumer Code, the consumer may choose, in addition to one of the courts with territorial jurisdiction under the Code of Civil Procedure, the court of the place where he lived at the time the contract was concluded or at the time the harmful event occurred.
You are also reminded that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
ARTICLE 18 - Pre-contractual information - Customer acceptance
The Customer acknowledges having been informed by the Vendor in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L 221-5 of the French Consumer Code:
- on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity enabling him to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and do not engage the responsibility of the Seller. The Customer must refer to the description of each Product in order to know its properties and essential particularities.
- on the price of the Products and related costs or, in the absence of payment of a price, on any benefit provided instead of or in addition to it and on the nature of this benefit;
- terms of payment, delivery and performance of the sales contract;
- in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
- the Vendor’s identity and contact details;
- on the existence and terms and conditions of warranties (legal warranty of conformity, warranty against hidden defects, any commercial warranties) and, where applicable, after-sales service;
- on the possibility of having recourse to a consumer mediator, whose contact details appear in these General Terms and Conditions of Sale, under the conditions set out in the Consumer Code.
- on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), termination procedures, handling of complaints and other important contractual conditions and, where applicable, on the costs of using distance communication technology, the existence of codes of good conduct and deposits and financial guarantees;
- on accepted payment methods.
The fact that a Customer places an order on the https://misia.fr website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document which would be unenforceable against the Vendor.
APPENDIX 1 - RETRACTION FORM
The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://misia.fr, except in the case of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale,
To the attention of EURL IM GROUPE – 5 Ter Avenue Wilson, 90000 BELFORT
contact@misia.fr or mekki.ikhlef@misia.fr
I hereby give notice of withdrawal from the contract for the order of the following products:
- Ordered on ……. / Received on ………
- Order number: …………………………………………………..
- Customer name: ……………………………………………………………….
- Customer address: ……………………………………………………………..
Customer’s signature (only if this form is sent on paper) :
Date: ……………………………
ARTICLE 1 - Seller's name
EURL IM GROUPE
5 Ter Avenue Wilson 90000 BELFORT
822751814 RCS BELFORT
contact@misia.fr
ARTICLE 2 - Scope of application
In accordance with article L 441-1 of the French Commercial Code, these general terms and conditions of sale constitute the sole basis of the commercial relationship between the parties.
Their purpose is to define the conditions under which IM GROUPE (“The Supplier”) supplies the following products to professional Purchasers (“The Purchasers or the Purchaser”) who request them, via the Supplier’s website, by direct contact or via a paper medium: MISIA brand technical sports shoes (“The Products”).
They apply without restriction or reservation to all sales made by the Supplier to Purchasers of the same category, regardless of any clauses that may appear in the Purchaser’s documents, and in particular its general terms and conditions of purchase.
In accordance with current regulations, these General Terms and Conditions of Sale are systematically communicated to any Buyer who requests them, to enable him to place an order with the Supplier.
They are also communicated to any distributor (excluding wholesalers) prior to the conclusion of a single agreement as referred to in articles L 441-3 et seq. of the French Commercial Code, within the legal deadlines.
All orders for Products imply the Buyer’s acceptance of these General Terms and Conditions of Sale and of the general terms and conditions of use of the Supplier’s website for electronic orders.
The information contained in the Supplier’s catalogs, prospectuses and price lists is given for information only and may be revised at any time. The Supplier is entitled to make any changes it deems necessary.
The present General Terms and Conditions of Sale are communicated without delay to any Buyer who so requests.
ARTICLE 3 - Orders - Prices
3-1 : Sales are only valid after express written acceptance of the Purchaser’s order by the Supplier, who will ensure, in particular, that the requested products are available, as evidenced by an acknowledgement of receipt.
Orders must be confirmed in writing, by means of a purchase order duly signed by the Buyer.
The Supplier has electronic means of ordering (including acceptance and confirmation) (site references) enabling the Purchaser to order products in the most convenient and rapid conditions.
For orders placed exclusively on the Internet, the registration of an order on the Supplier’s site is completed when the Buyer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
Acceptance of the order is confirmed by e-mail. The data recorded in the Supplier’s computer system constitutes proof of all transactions concluded with the Purchaser.
3-2: Any modifications requested by the Purchaser will only be taken into account, within the limits of the Supplier’s possibilities and at its sole discretion, if they are notified in writing at least five days before the date scheduled for delivery of the Products ordered, after signature by the Purchaser of a specific purchase order and possible price adjustment.
3-3: Products are supplied at the Supplier’s prices in force on the day the order is placed, and, where applicable, in the specific commercial proposal sent to the Purchaser. These rates are firm and non-revisable during their period of validity, as indicated by the Supplier.
These prices are net and exclude VAT, ex works and packaging. They do not include transport, customs duties and insurance, which are the responsibility of the Buyer.
Special pricing conditions may be applied depending on the specific features requested by the Buyer, in particular concerning delivery terms and deadlines, or payment terms and conditions. The Supplier will then send the Purchaser a special commercial offer.
ARTICLE 4 - Terms of payment
The price is payable in cash, in full, on the day of delivery of the Products under the conditions defined in the article “Delivery” below and as indicated on the invoice given to the Buyer.
The following payment methods can be used:
- by credit card: Visa, MasterCard, American Express, other credit cards.
Payments made by the Purchaser shall not be considered final until the Supplier has actually received the sums due.
In the event of late payment and payment of sums due by the Purchaser beyond the above-mentioned deadline, and after the payment date appearing on the invoice sent to the Purchaser, late payment penalties calculated at the contractual rate of 4% of the amount inclusive of tax of the price appearing on the said invoice, will be automatically and by right acquired by the Supplier, without any formality or prior formal notice.
In the event of non-compliance with the above terms of payment, the Supplier also reserves the right.
Except with the Supplier’s express, prior and written agreement, and provided that reciprocal receivables and debts are certain, liquid and due, no compensation may be validly effected between any penalties for late delivery or non-conformity of the products ordered by the Purchaser on the one hand, and the sums owed by the latter to the Supplier for the purchase of said products on the other.
Lastly, a fixed indemnity for collection costs of 40 euros will be due, ipso jure and without prior notification by the Buyer, in the event of late payment. The Supplier reserves the right to ask the Purchaser for additional compensation if the collection costs actually incurred exceed this amount, on presentation of supporting documents.
ARTICLE 5 - Deliveries
Products purchased by the Purchaser will be delivered within a maximum of eight days from receipt by the Supplier of the duly signed order form.
This period does not constitute a strict deadline, and the Supplier may not be held liable to the Purchaser for any delay in delivery not exceeding 30 days.
In the event of a delay of more than 30 days, the Buyer may request cancellation of the sale. Any advance payments already made will then be returned by the Supplier.
The Supplier cannot be held liable in the event of delay or suspension of delivery attributable to the Purchaser or in the event of force majeure.
Delivery will be made by direct handover of the Products to the Buyer, with the Products travelling at the Buyer’s risk.
The Buyer is responsible for verifying the apparent condition of the products upon delivery. In the absence of reservations expressly made by the Purchaser at the time of delivery, the Products delivered by the Supplier shall be deemed to conform in quantity and quality to the order.
The Purchaser shall have 48 hours from delivery and receipt of the products ordered to express such reservations in writing to the Supplier.
No claim will be accepted if the Buyer fails to comply with these formalities.
The Supplier shall replace, as soon as possible and at its own expense, any delivered Products whose lack of conformity has been duly proven by the Purchaser.
ARTICLE 6 - Transfer of ownership - Transfer of risk
6-1 . Transfer of ownership
The transfer of ownership of the Products to the Buyer will only take place once the price has been paid in full by the Buyer, regardless of the delivery date of the Products.
6-2 . Transfer of risk
The transfer to the Buyer of the risks of loss and deterioration of the products will only take place after full payment of the price by the latter, independently of the transfer of ownership, and this regardless of the date of the order or delivery of the products.
The Purchaser therefore undertakes, in the event of payment subsequent to delivery, to insure the Products against the risks of loss and deterioration due to unforeseen circumstances by means of ad hoc insurance for the benefit of the Supplier.
ARTICLE 7 - Supplier's liability - Warranty
Products delivered by the Supplier are covered by a contractual warranty for a period of six months from the date of delivery, covering non-conformity of the products with the order and any latent defect resulting from a material, design or manufacturing fault affecting the products delivered and rendering them unfit for use.
The warranty forms an inseparable whole with the Product sold by the Supplier. The Product may not be sold or resold altered, transformed or modified.
This warranty is limited to the replacement or reimbursement of non-conforming or defective products.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as well as in the event of normal wear and tear of the Product or force majeure.
In order to assert its rights, the Purchaser must inform the Supplier, in writing, of the existence of the defects within a maximum period of seven days from their discovery, failing which any action relating thereto shall lapse.
The Supplier shall replace or have repaired any Products or parts under warranty found to be defective. This warranty also covers labor costs.
Replacement of defective Products or parts will not extend the above warranty period.
Lastly, the warranty shall not apply if the Products have been subjected to abnormal use, or have been used in conditions other than those for which they were manufactured, in particular in the event of failure to comply with the conditions prescribed in the instructions for use.
Nor does it apply in the event of deterioration or accident resulting from impact, dropping, negligence, lack of supervision or maintenance, or in the event of transformation of the Product.
ARTICLE 8 - Personal data
Personal data collected from Purchasers is processed by the Supplier. They are recorded in the customer file and are essential for processing the order. This information and personal data are also stored for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as is necessary for the execution of orders and any applicable guarantees.
The data controller is the Supplier. Access to personal data will be strictly limited to employees of the data controller, authorized to process such data by virtue of their duties. The information collected may be communicated to third parties bound to the company by contract for the execution of subcontracted tasks, without the Buyer’s authorization being necessary.
As part of their services, third parties have only limited access to data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Supplier shall not sell, rent, transfer or give access to third parties to the data without the prior consent of the Purchaser, unless it is obliged to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Buyer will be informed and the guarantees taken to secure the data (for example, the external service provider’s adherence to the “Privacy Shield”, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified to him.
In accordance with applicable regulations, the Purchaser has the right to access, rectify, delete and port data concerning him or her, as well as the right to object to the processing for a legitimate reason. These rights may be exercised by contacting the data controller at the following postal or e-mail address: EURL IM GROUPE – 5 Ter Avenue Wilson, 90000 BELFORT, contact@misia.fr or mekki.ikhlef@misia.fr.
In the event of a complaint, the Purchaser may send a complaint to EURL IM GROUPE – 5 Ter Avenue Wilson, 90000 BELFORT, contact@misia.fr or mekki.ikhlef@misia.fr.
ARTICLE 9 - Anticipation
The present General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the French Civil Code for all sales of Products by the Supplier to the Purchaser. The Supplier and the Purchaser therefore each waive their right to avail themselves of the provisions of article 1195 of the French Civil Code and the unforeseeable circumstances provided for therein, and undertake to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.
ARTICLE 10 - Enforcement in kind
In the event of a default by either of the Parties, the Party suffering the default has the right to demand the compulsory performance in kind of the obligations arising from the present contract. Notwithstanding the provisions of article 1221 of the French Civil Code, the creditor of the obligation may pursue this forced performance after a simple formal notice, sent to the debtor of the obligation by registered letter with acknowledgement of receipt, which has remained unsuccessful, whatever the circumstances and even if there is a manifest disproportion between its cost for the debtor, acting in good faith, and its interest for the creditor.
In the event of either Party failing to meet its obligations, the defaulting Party may, in accordance with the provisions of article 1222 of the French Civil Code, fifteen days after a formal notice to perform has been sent and has remained unsuccessful, have the obligation performed by a third party, at the expense of the defaulting Party, provided that the cost is reasonable and in line with market practice, without judicial authorization being required for this purpose, it being understood that the defaulting Party may also, at its option, request in court that the defaulting Party advance the sums necessary for such performance.
In the event of non-performance of any of the obligations incumbent upon the other Party, the Party suffering the default may request the termination of the present contract in accordance with the terms and conditions set out in the “Termination” article.
ARTICLE 11 - Non-performance exception
Pursuant to article 1219 of the French Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party fails to perform its obligation and if such non-performance is sufficiently serious, i.e. likely to jeopardize the continuation of the contract or fundamentally upset its economic equilibrium. The suspension of performance will take effect immediately upon receipt by the defaulting Party of the notice of default sent to it to this effect by the Party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium providing proof of posting.
This exception may also be used as a preventive measure, in accordance with the provisions of article 1220 of the French Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date, and that the consequences of such non-performance are sufficiently serious for the Party suffering the default.
This option is used at the risk and peril of the Party taking the initiative.
The suspension of performance will take effect immediately upon receipt by the Party presumed to be in default of the notification of the intention to apply the preventive non-performance exception until such time as the Party presumed to be in default performs the obligation in respect of which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
However, if the impediment is definitive or persists for more than 30 days from the date on which the impediment is established by registered letter or bailiff’s writ, the present contract will be purely and simply terminated in accordance with the terms and conditions set out in the article Resolution for failure by a party to meet its obligations.
ARTICLE 12 - Force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code, or to exceptional health or climatic contingencies beyond the Parties’ control.
The Party observing the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
Performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is definitive, the present contract will be purely and simply terminated in accordance with the terms defined in the article “Termination for force majeure”.
ARTICLE 13 - Termination of the contract
13-1: Termination for breach of a sufficiently serious obligation : Notwithstanding the clause Resolution for failure by one party to perform its obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, the Party suffering the default may notify the Defaulting Party by registered letter with acknowledgement of receipt, of the wrongful termination of the present contract, fifteen days after formal notice to perform has remained unsuccessful, in application of the provisions of article 1224 of the French Civil Code.
13-2 – Termination due to force majeure.
13-3 – Termination for failure by a party to meet its obligations: in the event of failure by either party to meet the following obligations:
- non-payment in full by the Buyer,
- failure to deliver on the part of the Supplier, or late delivery not respecting the contractual conditions,
this may be resolved at the option of the injured Party.
13-4 – Provisions common to all cases of termination: in any event, the injured party may apply to the courts for the award of damages.
ARTICLE 14 - Disputes
ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THE VALIDITY, INTERPRETATION, PERFORMANCE, RESOLUTION, CONSEQUENCES AND CONSEQUENCES OF THESE TERMS AND CONDITIONS SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER ORDINARY LAW.
ARTICLE 15 - Applicable law - Language of the contract
These General Terms and Conditions of Sale and any transactions arising therefrom are governed by French law.
They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 16 - Acceptance by the Buyer
These general terms and conditions of sale, as well as the enclosed price lists and schedules of discounts and rebates, are expressly approved and accepted by the Buyer, who declares and acknowledges full knowledge thereof, and hereby waives the right to rely on any contradictory document, in particular his own general terms and conditions of purchase.