1 - SCOPE OF APPLICATION
The website www.mikado-collection.com is published by LES GÉODES SARL.
These general conditions govern the conditions applicable to sales concluded between LES GÉODES, creator and operator of the MIKADO brand, hereinafter referred to as "MIKADO" and natural persons (non-commercial), hereinafter referred to as "the CLIENT", making a purchase on www.mikado-collection.com, hereinafter referred to as "the SITE". In particular, they specify the terms of order, payment, delivery and return of items ordered by the CLIENT. The validation of the CLIENT's order implies its full acceptance, without reservation, of all these general terms and conditions of sale, which prevail over any other contradictory document. If a condition is not explicitly mentioned, it would be considered as governed by the practices in force in the distance selling sector in France.
2 - DURATION
These general terms and conditions of sale apply throughout the duration of the SITE's online presence. As the latter can be modified at any time, it is necessary to review them before each order validation. Indeed, the applicable conditions will be those in force on the date of validation of the CLIENT's order.
3 - PARTIAL DISABILITY
In the event that one of the clauses of this contract is annulled or declared unlawful, this nullity shall not affect the other clauses of the contract unless they are closely related to it.
4 - CAPACITY
The CLIENT declares that he/she has full legal capacity to enter into these general conditions. He must have reached the age of legal majority or, failing that, be an emancipated minor. It must not be protected within the meaning of Article 488 of the Civil Code. MIKADO reserves the right to refuse any order from the CLIENT, in the event that there is or appears during processing a doubt about its capacity to contract.
5 - ACCEPTANCE
These general terms and conditions of sale, written in French, can be read at any time by the CLIENT directly on the SITE by clicking on the link "General Terms and Conditions of Sale". On simple request, they can also be sent to him by e-mail. Thus, the CLIENT acknowledges that the conditions are made available to him for their conservation and reproduction, in accordance with Article 1369-4 of the Civil Code. The fact that the CLIENT ticks the box "I have read and understood the general terms and conditions of sale and I accept them without reservation", before proceeding to secure payment, constitutes an irrevocable acceptance which can only be challenged within the limitations provided for in these general terms and conditions of sale under the paragraph "Withdrawal". The acceptance of the General Terms and Conditions of Sale by electronic means has, between the parties, the same probative value as the paper agreement.
6 - PRESENTATION OF THE ARTICLES
The presentation photographs illustrating MIKADO products strive to describe and present them as accurately as possible, however, they cannot ensure a perfect similarity with the item ordered. These images, dimensional indications and descriptions are given for information purposes only and cannot therefore be considered as falling within the scope of the contract and variations, particularly in colours, cannot engage MIKADO's responsibility nor affect the validity of the sale.
7 - ITEM PRICES
Our articles being subject to price fluctuations (metals, stones...), the conditions of validity of our product and price offers are determined by the updating of the site. They remain applicable as long as they remain available for ordering on the SITE. The prices of the products sold on the SITE are indicated by article and reference and are inclusive of all taxes (including VAT). They are calculated on the basis of the French VAT rate in force (currently 20%). The prices indicated do not take into account delivery costs and any personal discounts indicated before the final validation of the order.
Orders to European Union countries are subject to French VAT. Orders to countries outside the European Union are not subject to French VAT. The prices indicated on the site for these orders are then exclusive of tax (HT) and therefore do not take into account VAT. However, these orders are subject to any taxes and customs duties in the country of destination. These costs and the related formalities are the responsibility of the recipient. They are to be paid directly to the carrier upon delivery. If necessary, the CLIENT is personally responsible for customs clearance, payment of customs and tax duties and taxes, allowing him to collect his goods.
8 - ORDERS
The CLIENT can place his order on the SITE 24/24 hours and 7/7 days. To be able to validate an order, it is imperative to create an account on the SITE by filling in the information sheet. The ordering process is organized in 5 successive steps: summary of the order, identification of the CLIENT, invoicing and delivery addresses, choice of carrier and selection of the payment method. To proceed to this last step, it is mandatory to tick the acceptance of the general terms and conditions of sale beforehand. By confirming his order, the CLIENT accepts all the present general terms and conditions of sale made available to him on the site, and acknowledge that he is fully aware of them, thereby waiving the right to rely on any contradictory document, and in particular his own general terms and conditions of purchase.
An e-mail is automatically sent to the CLIENT to confirm the order, provided that the e-mail address indicated in the registration form is correct. The CLIENT must check the completeness and conformity of the information he provides to MIKADO, which cannot be held responsible for any input errors and the consequences in terms of delay or error in delivery. In this context, all costs incurred for the reshipment will be borne by the CLIENT.
The CLIENT may at any time consult the status of his order by consulting the "My Account > My Orders" section on the SITE. The CLIENT may also contact MIKADO at any time by telephone or e-mail in order to be informed of the status of his order.
The shipping times indicated in the descriptive sheets are indicative times. They may therefore be subject to variations. In this case, the CLIENT will be informed by MIKADO in the "My Account > My Orders" section or by e-mail if it is a prolonged delay. To the shipping times must be added the delivery times. If you need to dispose of your order within a specific period of time (baptism, communion, birthday...), it is essential to specify it in the comment box in step 3 of the ordering process. When an order includes several products, the longest shipping time is to be taken into account for the entire order.
9 - PAYMENT
MIKADO offers the CLIENT the possibility of paying for his order online by credit card (Carte Bleue, Visa, Eurocard-Mastercard). The CLIENT guarantees that he/she has the necessary authorizations to use the payment method chosen by him/her, when validating the order form. MIKADO guarantees payment security. At the time of payment by credit card, the CLIENT is automatically redirected to the SOGENACTIVE encrypted platform of SOCIÉTÉ GÉNÉRALE. This solution is based on the use of SSL (Secure Socket Layer) encryption protocol, i.e. the encrypted transmission of transaction information between the buyer's computer and the SOGENACTIF payment server. During the secure transaction, the padlock icon appears in your browser and the url address becomes https instead of http (the "s" indicating the security). At no time does MIKADO have access to the CLIENT's bank details.
Purchases are debited to the CLIENT's account when the order is processed. MIKADO reserves the right to suspend any order processing and delivery in the event of refusal of payment authorization or guarantee by officially accredited organizations. MIKADO also reserves the right to refuse to make a delivery or to honour an order from a CLIENT who has not paid in full for a previous order or with whom a payment dispute is being administered.
Unless otherwise ordered by the CLIENT, the invoice corresponding to the payment is attached in the package. It can also be downloaded from the website.
10 - GEOGRAPHICAL AREAS
The SITE reserves the right to refuse orders from certain countries.
11 - DELIVERIES
Unless otherwise specified, delivery is made to the address indicated by the CLIENT when ordering. It can only take place once the order has been validated by the CLIENT and the payment has been made in full. The CLIENT must verify that the information he provides to MIKADO is accurate and complete (door code, intercom, mobile phone number...). The SITE cannot be held responsible for any input errors and the consequences in terms of delays or delivery errors. In this context, all costs incurred for the reshipment of the order will be entirely at the expense of the CLIENT. Delivery shall be deemed to have been made from the date of the first presentation of the goods to the consignee.
MIKADO uses the postal services (Coliposte and Chronopost) to deliver the goods purchased on the SITE in France or abroad. Deliveries are made by hand to the recipient's home in return for a signature. An e-mail confirmation of shipment with tracking number is sent to the CLIENT as soon as the package is processed by the carrier. The CLIENT may visit www.colissimo.fr and www.chronopost.fr at any time to consult the parcel's route using this number. The day before delivery, an e-mail notification is sent to the recipient.
In the event of absence, upon delivery, a notice of passage is left at the delivery address indicated by the CLIENT. This allows you to pick up your parcel the next day at the nearest post office. The CLIENT also receives an email proposing to choose a new delivery date to his home within 6 days. Packages that could not be delivered are kept pending at the Post Office for 15 calendar days. In the event of not collecting within this period, the products will be returned to MIKADO, which will contact the CLIENT to redefine a second delivery at the CLIENT's expense.
12 - PROBLEMS RELATED TO CARRIERS
MIKADO bears the risks related to the transport until delivery, i.e. until the physical delivery of the goods to the consignee indicated at the time of the order or to his representative who accepts it, provided that the latter checks the goods upon receipt in the presence of the carrier and signifies, if necessary, in writing on the transport order, the reservations observed according to the procedure described below.
The recipient must refuse delivery if the goods are damaged, missing or if the package has been opened or reconditioned (except through customs). In the event of loss or damage, he must issue precise and detailed written reservations on the carrier's delivery note in the presence of the carrier or his employees; he must then send the carrier a registered letter containing the reservations, within 3 days of delivery. In order to help him in these steps, we invite the CLIENT to contact us by e-mail at: email@example.com or by using the "SITE contact" tab.
The goods accepted without reservation by the recipient at the time of delivery and/or in the absence of a letter sent to the carrier within 3 days, are deemed to have arrived in good condition and in their entirety (number of items, conformity with the order, etc.). No claim can be handled by MIKADO and MIKADO cannot be held liable.
If the CLIENT notices an abnormal delay in his delivery, he must immediately report it to MIKADO, who may then proceed with an investigation with the carrier. If the CLIENT notices that the package is indicated as "delivered" on the carrier's site but has not received anything, an investigation will be opened. We will ask for a certificate on honour and a photocopy of the CLIENT's identity card. No refund can be made without these elements.
MIKADO cannot be held liable for delivery delays due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike, in particular by postal services and means of transport and/or communications).
13 - CANCELLATION OF THE ORDER
Any order is considered firm and, subject to the provisions of these general conditions of sale, may only be cancelled with the express consent of MIKADO and under conditions that will compensate it for any prejudice or damage caused by such cancellation. In particular in the case of items already engraved at the time of cancellation, MIKADO reserves the right to charge the cost of engraving as well as the cost of restoring the item to its original state of sale.
14 - WITHDRAWAL, RETURN AND EXCHANGE
Warning: according to Article L121-20-2 of the Consumer Code, the right of withdrawal provided for in the event of distance selling may not be exercised on goods manufactured according to the consumer's specifications or clearly personalised. The CLIENT's attention is therefore drawn to the fact that the right of withdrawal does not apply to sales of products personalised at his request, in particular, articles engraved with a first name and/or a date and/or a message.
The CLIENT has a period of 14 calendar days from the date of receipt of his order to exercise his right of withdrawal without having to justify any reasons or pay any terms. To exercise its right of withdrawal, the CLIENT must first, and within this 14-day period, notify MIKADO Customer Service by letter of its intention to withdraw. MIKADO will then send the CLIENT a return form which must be completed and attached to the product. The CLIENT will then send the return package, within 14 days of its declaration of withdrawal, to MIKADO, BP1751 - 06016 Nice cedex 1, France.
MIKADO suggests that the CLIENT return its products by registered mail followed by or with additional insurance, guaranteeing, where applicable, compensation for the products up to their actual market value in the event of spoliation or loss of these goods. In all cases, the return is at the CLIENT's risk. It is the CLIENT's responsibility to keep all proof of return. The return costs are the responsibility of the CLIENT, who is free to choose the shipping method. We recommend keeping proof of return to facilitate procedures in the event of a problem occurring during transport.
The products must be returned in their original packaging, properly protected. They must be in perfect condition for resale. Any product returned incomplete, damaged, worn, damaged, deteriorated, soiled, even partially will not be refunded or exchanged. A depreciation allowance may, where applicable, be invoiced to the CLIENT if the product requires repair before resale.
In case of use of the right of withdrawal for only part of the order, only the price invoiced for the returned products will be refunded. In the event of partial withdrawal of the order, the CLIENT who would have benefited, at the time of the initial Order, from free delivery due to the exceeding of a certain order amount, may be re-invoiced the delivery costs corresponding to his actual order, if the latter were to fall below the free delivery threshold.
15 - RETENTION OF TITLE CLAUSE
Under express condition, MIKADO reserves full ownership of the goods until full payment of their price (principal and interest). These provisions do not prevent the transfer to the CLIENT of the risks of loss or damage as from the receipt of the delivered items. In the absence of full payment, MIKADO shall be entitled to demand the immediate return of the delivered items. Any costs that may be incurred for this return will be borne by the CLIENT.
16 - AVAILABILITY OF ITEMS
MIKADO undertakes to honour orders received within the limits of its production capacity and stocks of raw materials (metal, stones, pearls, etc.) or finishes (cords, leathers, packaging, etc.). In the absence of availability of one or more products, MIKADO undertakes to inform the CLIENT as soon as possible. If MIKADO is no longer able to manufacture and deliver an ordered product, the CLIENT may then request either a refund of the sums paid or an exchange of the unavailable product for another product. It goes without saying that no cancellation penalty will be applied to the CLIENT. Similarly, no cancellation compensation, other than the full refund of the order, may be requested from MIKADO.
17 - WARRANTY AND CLAIM
The guarantee applies exclusively to defects in conformity, with regard to the product sheet appearing on the SITE at the time of confirmation of the order. It will only play if the item has been used normally by the CLIENT. The warranty shall not apply to defects related to improper maintenance or use by the CLIENT. Any damage or trace of intervention not carried out by MIKADO immediately excludes the item concerned from the warranty. The warranty is exclusively limited to the restoration of the item or its replacement if it is not possible.
In the particular case where MIKADO would not be able to repair the object within a reasonable time for a reason beyond its control (late supply, etc.), an exchange for another item of the same value or a refund will be offered. Any complaint must be communicated by e-mail to firstname.lastname@example.org within 7 days of the date of receipt of the goods. This request must be accompanied by a photo of the product. MIKADO reserves the right to refuse late claims.
18 - FRAUD DETECTION
MIKADO controls all orders that have been validated on its site in order to protect itself from possible fraud or abusive practices. Within the framework of these procedures, our services may ask you for all the documents necessary to unblock your order: proof of residence, receipt, copy of valid identity document... These requests are made by e-mail and documents can be sent to us by return e-mail.
19 - LIABILITY
WARNING: First of all, MIKADO reminds you that its products, if worn by very young children, must be worn under the constant vigilance of adults. This is indicated in the message card accompanying each MIKADO jewel.
MIKADO's total liability for reparable damages that it may cause under this contract is limited to compensation for foreseeable, direct and material damages actually suffered by the CLIENT. The repair of these damages may in no case exceed the amount of your purchase.
MIKADO products comply with current French legislation. MIKADO cannot be held liable in the event of non-compliance with the legislation of the country where the items are delivered. It is the CLIENT's responsibility to check the import conditions of the items ordered from the customs services of his country.
MIKADO cannot be held liable for inconveniences and damages relating to the use of the Internet network such as a break in the service, the presence of computer viruses or external intrusions and more generally all cases qualified as force majeure or made by third parties by the courts. Similarly, its responsibility cannot be retained because of the content of the websites to which the hypertext links may refer from www.mikado-collection.com.
20 - FORCE MAJEURE
MIKADO cannot be held liable for any breach of its contractual obligations in the event of force majeure, i.e. an external, unforeseeable and irresistible event, as defined by national law governing the presence of general terms and conditions of sale and its case law, and making it impossible to fulfil the obligation.
21 - SPONSORSHIP
Sponsorship allows any CLIENT who has already placed an order on the SITE to make MIKADO products known to his relatives not yet registered on the SITE. At the first order of his godchild, the godfather sees his account credited with a voucher of 5 euros, valid from his next order and for a period of 12 months from the day of its issue. After this period, the voucher is automatically cancelled. Massive sponsorship operations, whatever the medium, are prohibited. A CLIENT can only have one sponsor and who cannot be himself. The sponsor and the godchild may under no circumstances have the same postal address or the same e-mail address.
22 - LOYALTY POINTS
The CLIENT's purchases on the site entitle him to loyalty points that can be used as soon as he places his next order. The rule for collecting points is as follows: 1 point collected for every 20 euros of purchase (excluding transport). 1 point = 1 euro. The CLIENT's loyalty account will be automatically credited as soon as the order is shipped. In the event of withdrawal or return of certain products, it will be automatically debited. Points can be accumulated and are valid for 1 year. They are neither convertible, nor refundable, nor transferable to another person and are linked to only one CLIENT account. The total number of points can be viewed in the "my account" section, under "my loyalty points". It can be used for future purchases.
23 - PERSONAL DATA
In order to process orders, MIKADO collects and processes personal data concerning the CLIENT. MIKADO undertakes to respect the confidentiality of personal data communicated by the CLIENT on the SITE and to treat them in accordance with the Data Protection Act of 6 January 1978, as amended and currently in force. The database created by MIKADO is subject to a declaration to the CNIL, in accordance with the requirements of the French Data Protection Act.
Depending on the choices made when creating or consulting his account on the SITE, the CLIENT chooses whether he wishes to receive from MIKADO, newsletters, commercial or promotional offers by e-mail. If a CLIENT no longer wishes to receive such offers, he/she may at any time request them by clicking on an electronic link available on emails and newsletters or by modifying his/her account directly on the website.
MIKADO may be required to communicate this data for the purposes of processing and delivery of orders by its service providers. In addition, MIKADO may also communicate this data in response to an injunction from the judicial or administrative authorities.
The CLIENT may exercise his individual right of access to the file, his right to oppose, rectify or delete data concerning him, either by modifying his personal information himself in the "My Account" section, or by sending his request to MIKADO (by indicating his e-mail address, surname, first name, postal address), by e-mail to the address email@example.com or by post to the following address: MIKADO, BP1751 - 06016 Nice cedex 1, France.
The SITE is designed to be particularly attentive to the CLIENT's needs. Cookies are used to link the user to his or her personal data left on the site. The CLIENT may oppose the recording of these cookies on the hard disk of his computer by configuring his browser.
24 - TERMINATION, SUSPENSION
The CLIENT may terminate, at any time, his registration on the SITE and close his account. To this end, the CLIENT shall send his request for termination (indicating his e-mail address, surname, first name, postal address), by e-mail to firstname.lastname@example.org or by post to the following address: MIKADO, BP1751 - 06016 Nice cedex 1, France.
In the event of a breach by the CLIENT of one of its contractual obligations, in particular in the event of a payment incident, MIKADO reserves the right to suspend the CLIENT's access to the SITE, or even to terminate its account depending on the seriousness of the breach.
25 - INTELLECTUAL PROPERTY
All the elements contained in the WEBSITE (models, trademarks whether registered or not, photos, illustrations, texts, etc.) are protected by copyright, design and trademark protection legislation and by the provisions of international treaties and national law throughout the world. As such and in accordance with the provisions of the Intellectual Property Code, only its use for private use is authorized. Any total or partial reproduction of the site is, without prior agreement, strictly prohibited.
26 - APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
The parties agree that in the event of any dispute that may arise concerning the execution or interpretation of these conditions, they will endeavour to find an amicable solution. However, if they fail to do so, only French law will apply and the settlement of the dispute will be the exclusive competence of the Courts of Nice (Alpes-Maritimes - France).
1 - SCOPE OF APPLICATION