1. Designation of the Seller
The present website www.lesmiraculeux.eu/ is published by: Les Miraculeux, a simplified joint-stock company with registered office at 112 avenue de Paris, 94300 Vincennes, France, registered with the Créteil Trade and Companies Register under number 848431003.
Website address: www.lesmiraculeux.eu/
Telephone: +33 6 25 88 22 62
Intracommunity VAT number: FR23848431003
2. General provisions relating to these general terms and conditions of business (hereinafter referred to as the "GTC")
2.1 Purpose of the GTC :
The GCS are exclusively applicable to the online sale of Les Miraculeux products on the www.lesmiraculeux.eu/ website, which is freely accessible to all Internet users.
2.2 Scop of application of the GCS :
The GCS exclusively govern the contracts for the online sale of Les Miraculeux products (hereafter "Les Miraculeux") to buyers who are Customers (hereafter the "Customers") and constitute with the order form the contractual documents enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products which have only an indicative value. The GCS are exclusively applicable to products delivered to Customers established in the territory defined in Article 5. The GCS are written, as well as all the contractual information mentioned on the website, in French and English.
2.3 Availability and opposability of the GCS :
The GCS are made available to Customers on the Les Miraculeux website where they can be directly consulted and can also be communicated to them on request by telephone, email or post. The GCS are opposable to the Customer who acknowledges, by ticking a box provided for this purpose, which he has been informed of them and has accepted them before placing an order. The validation of the order by its confirmation means that the Customer adheres to the GCS in force on the day of the order, the conservation and reproduction of which are ensured by Les Miraculeux in accordance with article 1369-4 of the Civil Code.
2.4 Modification of GCS :
Les Miraculeux reserves the right to modify the GCS at any time. In the event of a modification of the GCS, the applicable GCS are those in force on the date of the order, a copy of which, dated to date, can be given to the Customer on request.
In case of modification of the present conditions, Les Miraculeux will inform its customers of the content of the modified conditions.
2.5 Clauses of the GTC :
The nullity of a contractual clause does not lead to the nullity of the GCS unless it is an impulsive and determining clause that led one of the parties to conclude the sales contract. The temporary or permanent non-application of one or more clauses of the GCS by Les Miraculeux does not constitute a waiver on its part of the other clauses of the GCS which continue to produce their effects.
3. The products
3.1 Features :
The products offered for sale presented in the catalogue published on the www.lesmiraculeux.eu/ website are each described in a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the French Consumer Code. The photographs illustrating the products do not constitute a contractual document.
3.2 Conformity :
The products comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and the protection of Customers at the time they are placed on the market. The products comply with the requirements of French law in force at the time they are placed on the market. For orders outside Metropolitan France, it is the Customer's responsibility to check with the local authority of his country to find out about any restrictions on the import and use of the products ordered. Les Miraculeux cannot be held responsible for the purchase of a product considered as non-compliant in a given country, even though this product complies with French regulations
3.3 Cautionary note :
The products presented by Les Miraculeux are not medicine, they cannot be considered as such, and in no way replace the Customer's usual treatment. As well as the information on the site and in all written material issued by Les Miraculeux does not constitute medical advice and it is the Customer's responsibility to consult his practitioner in order to obtain a professional opinion.
Les Miraculeux cannot be held responsible for any inconveniences that may occur following a use that does not conform to the advice given on the product and its packaging.
4. The price
4.1 Selling price :
The sale prices, in accordance with Article L. 113-13 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalogue, in euros, all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition. The total amount due by the Customer is indicated on the order confirmation page. The selling price of the product is that in force on the day of the order. In the event of a price promotion, Les Miraculeux undertakes to apply the promotional price to any order placed during the duration of the promotion.
4.2 Modification :
Les Miraculeux reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.
5.1 Domain :
The online sales offers presented on the www.lesmiraculeux.eu/ website are valid on French and international territory.
5.2 Duration :
The online sales offers presented on the site are valid, in the absence of any indication of particular duration, as long as the products appear in the electronic catalogue and within the limit of available stocks.
5.3 Acceptance :
Acceptance of the offer by the Customer is validated, in accordance with the process of the click, by the confirmation of the order.
6.1 Pre-contractual Information :
Prior to placing an order and concluding the contract, the Customer receives communication, in a legible and comprehensible manner, of these GCS and all the information listed in Article L. 121-17 of the Consumer Code.
6.2 Steps for concluding the contract :
The Internet Customer adds or may freely remove the desired products from his "cart". At any time, the customer may have access to a detail summarizing the contents of his "cart". If this summary corresponds to the desired products, the customer freely validates his order on the tab assigned for this purpose. Any order can only be validly registered if the Customer has previously identified him or herself or has duly completed the electronic contact form. The Customer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order. Validation of the order implies acceptance of the GCS and forms the contract. Once the basket has been validated, the customer must accept the GCS of which he or she is deemed to have previously taken note, choose the address and delivery method, and finally validate the payment method.
In accordance with the provisions of the law of March 13th, 2000 No. 2000-230, the final validation of the order is proof of the completeness of the order and makes the sum committed by the inputting of the items mentioned on the order form payable. The validation "click" constitutes an electronic signature within the meaning of Article 1316-4 and following of the Civil Code, which has the same probative force as a handwritten signature. A confirmation of the contract is provided to the Customer at the latest at the time of delivery, in particular by email acknowledging receipt of the order and its method of payment.
6.3 Acceptance of the order :
Les Miraculeux reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers who are Customers.
In certain cases, notably non-payment, incorrect address or any other difficulty of any nature whatsoever, Les Miraculeux reserves the right to block the order of the said customer until the problem is resolved, or to cancel the order.
6.4 Unavailability of ordered prodcuts :
If the products ordered prove to be unavailable at the time of delivery, Les Miraculeux immediately informs the Customer and proposes an extension of the initial delivery time or a product of equivalent quality and price. If the Customer refuses, Les Miraculeux will immediately cancel the order and reimburse the sums paid by the Customer without delay.
6.5 Modification or cancellation of the order :
Any modification or cancellation of the order requested by the Customer can only be taken into account if it has been the subject of the reception by our company of an email from the same email address as the one used for the order, which must imperatively be received before the dispatch of the ordered products.
The contract will be, in application of the provisions of the Civil Code, concluded as of the second click of order, by which you will have confirmed your shopping basket after having been able to correct it.
7. The contract
7.1 Conclusion :
The contract of sale is formed when the Customer sends the confirmation of his order.
7.2 Archiving and proof :
The archiving of communications, order forms and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1348 of the Civil Code. These communications, purchase orders and invoices may be produced as proof of the contract.
8.1 Terms of payment :
The price is due in full after confirmation of the order.
8.2 Means of payment :
Payment is made at the Customer's choice (I) immediately upon ordering by credit card (II) or via ApplePay, (III) by check. In case of payment by check, the delivery period will begin to run from the final collection of the price paid by the Customer.
8.3 Payment security :
The site is equipped with an online payment security system enabling the Customer to encrypt the transmission of his data.
9.1 Delivery times and costs :
For any order finalized before (tree) 3 PM, French time, and subject to the good reception of the Customer's payment, Les Miraculeux undertakes to ship the products ordered the same day. Products ordered after (three) 3 PM, French time, are shipped the next business day. If the description of a product indicates a particular delivery time, Les Miraculeux will be committed to that time. By default and in any case, subject to the Customer's payment being received, Les Miraculeux undertakes to deliver the products ordered within (thirty) 30 days following the validation of the order.
If a product is unavailable at the time of delivery, point 6.4 hereof will be applied.
For deliveries in metropolitan France, the cost of home delivery by Colissimo is 3 € inclusive of tax. It is fully paid by Les Miraculeux if the order is for an amount greater than 45 € inclusive of tax.
To find out the cost of delivery outside Metropolitan France, the customer will be informed before the validation of his cart.
9.2 Delay in delivery :
A delay in delivery exceeding seven days and not due to a case of force majeure may result in the cancellation of the sale by the Customer who, within sixty working days from the indicated delivery date, renounces his order by registered letter with acknowledgement of receipt, will return the products if they have been delivered and will receive from Les Miraculeux within thirty days at the latest the return of his payment, excluding any compensation.
Exceeding the delivery deadlines cannot give rise to damages or deductions, nor to cancellation by the purchaser of orders in progress. In any case, delivery within the deadlines can only take place if the buyer is up to date with his obligations towards Les Miraculeux whatever the cause.
9.3 Terms of delivery :
The products are delivered by post or by independent carrier, depending on the nature of the product and the destination, at the exclusive initiative of Les Miraculeux, to the address indicated by the Customer on the order form. Any claim of delivery error must be made by the Customer to Les Miraculeux on the day of delivery or on the first working day following delivery at the latest. In the event of a delivery address error attributable to the Customer, the return and forwarding costs will be re-invoiced by Les Miraculeux. A delivery note must be signed by the Customer who must check on receipt that the product is in conformity and in good condition.
Deliveries are made according to availability and in the order of orders. The company Les Miraculeux is authorized to make deliveries in a global or partial way. Delivery times are indicated as accurately as possible but are dependent on the possibilities of supply or production, or even the possibilities of the carrier.
In the event of deterioration or partial loss of the product, the Customer must imperatively formulate reservations on the delivery slip upon receipt, a duplicate of which is sent to Les Miraculeux and, within three days of this receipt, notify these reservations to the carrier by registered letter with acknowledgement of receipt in accordance with article L. 133-3 of the French Commercial Code.
9.4 Product compliance :
If the product is not in conformity with the order, the Customer must address, within a reasonable delay after reception, a complaint to Les Miraculeux in order to obtain the replacement of the product or possibly the resolution of the sale.
9.5 Unavailability of the products :
In case of unavailability of the products on delivery, Les Miraculeux can propose, under the conditions provided for in article 6-4 of the GCS, an extension of the initial delivery time, or a product equivalent in quality and price.
9.6 Default of delivery :
The total lack of delivery leads to the automatic cancellation of the sales contract.
10. Right of withdrawal
10.1 Notification to Les Miraculeux of the withdrawal decision :
In accordance with the provisions of article L 221-18 of the Consumer Code, the customer has a period of fourteen (14) clear days to exercise a right of withdrawal from the day after receipt of the products. Consequently, the customer may decide to return any product for exchange or refund. If this period expires on a Saturday, Sunday, holiday or non-working day, it is extended to the next business day. No reason must be provided by the customer. No penalty to be paid can be charged to the customer retracting. To exercise his right of withdrawal, the customer may send a withdrawal form by post to the following address: 112 avenue de Paris, 94300 Vincennes, France or by email to email@example.com.
10.2 Limitation of the right of withdrawal :
The right of withdrawal shall not apply to damaged products and to products that have been opened, consumed in whole or in part, marked, labelled or not in perfect condition for resale for reasons of hygiene or health protection. The right of withdrawal is valid only for deliveries in France and Europe.
10.3 Methods of exercising the right of withdrawal (return of products) :
In case of exercise of the right of withdrawal, the customer must return at his own expense, within fourteen (14) days following the communication of his withdrawal, the products with a copy of the order or invoice, to the address mentioned in the preamble. The products must be intact, complete and packed in their original packaging. In accordance with the transfer of ownership, the risks related to the return of the product, whatever the cause, are the responsibility of the customer. If the package is lost or damaged by the carrier during this shipment, the customer is solely responsible and will not be reimbursed by Les Miraculeux.
10.4 Reimbursement of products subject to withdrawal :
The exercise of the right of withdrawal entails reimbursement of the sums paid by the customer when placing the order, including postage, within 28 days from the date on which this right has been exercised at the latest. Les Miraculeux reserves the right to postpone the reimbursement until receipt of the products.
All products supplied by Les Miraculeux professional benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code. Under these guarantees, Les Miraculeux undertakes, at the Customer's choice, to reimburse or exchange the defective products or those that do not correspond to the order.
12. Resolution clause
The resolution of the order in the cases provided for in these GCS will be pronounced by simple registered letter with acknowledgement of receipt (or by electronic letter) and will be acquired by right without legal formality.
13. Intellectual property
The products remain the property of Les Miraculeux until full payment of the sale price by the Customer, even in case of liquidation of property, judicial settlement or transfer of responsibilities. Failure to pay any of the due dates may result in the goods being claimed back.
The elements reproduced on this site, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law. Any reproduction and any distribution of these elements, without prior written authorization from the publisher, expose the offenders to legal proceedings.
14. Confidentiality of personal data
During the Customer's visits to the Site of Les Miraculeux, information may be requested, in particular during the creation of the customer account. The information requested, indicated by an asterisk (*), is obligatory. They are necessary to process the Customer's requests. Other information is optional, and the Customer is free not to answer. This information is strictly treated in complete confidentiality and is saved in a private database at Les Miraculeux. In accordance with the law "Informatique et Liberté" (IT and Freedom) (n° 78-17 of January 6th, 1978, the Customer has the right to access, modify or delete information concerning him/her. This right can be exercised either by email (firstname.lastname@example.org) or by post at the following address: Les Miraculeux, 112 avenue de Paris, 94300 Paris, France. The Customer may at any time withdraw his consent to the use of his personal data, in accordance with the procedure mentioned above. Les Miraculeux cannot be held responsible in the event of damage, loss or accidental "hacking" of personal data that may occur despite all the precautions taken to ensure the confidentiality and security of the latter.
The personal data provided by the Customer may be used by Les Miraculeux for commercial or informative purposes to personalize the products offered for sale, to improve its promotional offers or to innovate its range of products and to send newsletters. Finally, Les Miraculeux reserves the right to communicate the Customer's telephone number or email address to the companies delivering the products ordered.
15. Applicable law
The language of drafting of these GCS is French and English. They are subject to French law, regardless of the nationality of the customer and the place of validation of the order. The site and the GCS of Les Miraculeux comply with French law, in particular law n° 2014-344 of March 17th 2014 relating to consumption and order n° 2015-1033 of August 20th 2015 relating to the extrajudicial settlement of consumer disputes, so that Les Miraculeux is not responsible for compliance with any foreign legislation.
16. Competent jurisdiction
Any dispute relating to the interpretation or execution of the present contract shall fall within the exclusive jurisdiction of the French courts governed by the Code of Civil Procedure.
Specifically, with regard to the provisions of Article R 631-3 of the Consumer Code, in the event of a dispute, the customer may, at his choice, refer the matter either to one of the courts territorially competent under the Code of Civil Procedure, or to the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.
OR In the event of a dispute, only the Commercial Court of Paris will be competent.
17. Mediation clause
In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: When the Customer has sent a written complaint to the professional and has not obtained satisfaction or a response within two months; he may submit his complaint free of charge to the consumer mediator. The matter must be referred to the mediator within a maximum period of one year from the initial complaint.
In the event of damage or missing goods, it is the responsibility of the carrier or the delivery service to make all necessary observations and to confirm its reservations by extrajudicial documents or by registered letter with acknowledgement of receipt as soon as possible after receipt of the goods. Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or about the non-conformity of the product delivered in relation to the order placed or the dispatch note must be made in writing within 14 days of receipt of the said products. The complaint must be justified by all documents attesting to the reality of the defects or anomalies noted in order to allow Les Miraculeux to proceed with the necessary checks and to give the most appropriate answers.