GENERAL TERMS AND CONDITIONS OF SALES
LAD, M.X PARIS MAXIME SIMOENS
a French company registered at the Paris Trade and Companies Register under number 821 598 661
85, rue Montmartre 75002 PARIS
01.42.74.64.52 ---- Eshop@mxparis.fr
General terms and conditions sales for the products sold on the website www.mxparis.fr
Last update 2018/10/31
Article 1 – Scope of application
These general terms and conditions of sales (hereinafter the “General Terms and Conditions of Sales”) govern the sales by LAD, M.X PARIS MAXIME SIMOENS, whose registered office is located 85, rue Montmartre 75002 PARIS, France, of clothes and accessories for men (hereinafter the “Products”) on the website http://www.mxparis.fr (hereinafter the “Website” or “Site”).
A detailed description of the Products is featured on the individual presentation of each of the Products on the Website.
The online selling process described in these General Terms and Conditions of Sales is reserved solely for the use of individual consumers purchasing M.X Paris Products exclusively for their own account and personal use. The Products may not be sold or resold following purchase from the Website.
By placing any order through the Website, the client making a purchase (hereinafter the “Client”) confirms that he/she unconditionally accepts these General Terms and Conditions of Sales of Sale. We reserve the right to modify these General Terms and Conditions of Sales from time to time, it being specified that the General Terms and Conditions of Sales accepted when placing an order will be applicable.
Article 2 – Price
Prices of our Products are given in Euros, including taxes (VAT and all taxes and duties due when placing an order), unless otherwise specified and excluding delivery and processing expenses.
The total cost of your order includes:
- The price of the purchased Product (including all taxes)
- Processing and delivery costs, calculated once you filled in the address and the requested delivery mode.
For countries other than Metropolitan France, you are deemed importer of the concerned Products. Customs duties or other local taxes or importation duties or State duties are likely to be due. LAD, M.X PARIS MAXIME SIMOENS is not responsible for these duties and sums of money, has no control over them and cannot foresee their amounts.
You shall be solely responsible for these sums of money, regarding their declarations as well as the payment to the competent authorities and organizations in your country. We suggest that you contact your local customs office for further information before placing your order.
Any orders, wherever they are placed from, are payable in Euros.
LAD, M.X PARIS MAXIME SIMOENS pays the closest attention to the accuracy of the prices on the Website. However, in case of a mistake on our part, we reserve the right not to provide the Products for which the posted price was manifestly incorrect.
We reserve the right to modify the prices listed on our Website at any time and without prior notice. However, Products will be invoiced on the basis of the applicable price when placing the order and subject to availability.
The Products remain LAD, M.X PARIS MAXIME SIMOENS’ property, until full payment of the price.
Notwithstanding the foregoing, the risks (including the risks of loss and damage) pass on to you upon delivery of the Products, meaning the moment when the Products are handed over at the delivery address that you have provided.
Article 3 – Orders
You may place your orders on the Website www.mxparis.fr.
The Products offered for sale on the Website are described and displayed with the utmost precision (specifications, illustrations, size, composition, etc.). However, the Client is invited to refer to each Product’s description, available by clicking on the “Description” section, in order to be informed of the properties and characteristics, especially as to the characteristics sought after, the choice and the purchase of a Product being under the Client’s sole responsibility.
Contractual information are featured in French and in English and will be subject to a confirmation when validating your order, at the latest.
LAD, M.X PARIS MAXIME SIMOENS reserves the right not to register a payment or not to confirm any order for any reason whatsoever, especially in case of supply issues, and/or unusual/fraudulent orders or orders placed in bad faith. In addition, we reserve the right to refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product.
Article 4 – Order placement
In order to complete their order, the Clients:
- Shall confirm their delivery address and their billing address, or indicate a new delivery and/or invoicing address;
- Shall read carefully these General Terms and Conditions of Sales and expressly accept them by clicking the “I have read and accept the General Terms and Conditions of Sales” button before processing the payment of the order;
- Are then invited to pay the price of their order by clicking the “Pay the order” button, giving access to the secured payment of the order.
Once the payment is confirmed, the Client immediately receives, and before delivery at the latest, an email confirming the order, featuring, among others, the order number and the detailed list of the ordered Products.
The Client expressly accepts that the content of the order be confirmed via email by LAD, M.X PARIS MAXIME SIMOENS.
All the data provided and the registered order confirmation shall evidence the transaction.
The order confirmation shall be deemed equivalent to signature and acceptation of the processed transaction.
A summary of your order as well as these General Terms and Conditions of Sales will be sent to you via email in PDF, at the address used for the order confirmation.
Article 5 – Deliveries
Your Products will be delivered to the shipping address specified in your order. Except for specific circumstances, or if one or several Products are temporarily out of stock, the Products of the same order will be delivered in one batch.
We deliver in the countries of the European Union as well as in the following countries: United States of America, Iceland, Norway, United Kingdom, Switzerland.
For deliveries in France or in Europe, your order will be shipped, by our carrier, within the delivery times set forth in article 6 below. These delivery dates are indicative only. In compliance with the French Consumer Code provisions (Code de la consommation), delivery of items ordered (excluding pre-orders) shall occur in any case no later than 30 days as of the order, subject to full payment.
If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver at such address. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Deliveries for France include Metropolitan France, Monaco and Corsica.
We do not deliver to the European Union’s outermost regions (i.e. in Guadeloupe, Guyana, Martinique, Saint-Martin, Mayotte, Reunion, Canaries, Acores and Madera).
If, upon delivery, the exterior appearance of the package is not perfect, we ask you to open it in the presence of the carrier, in order to check the condition of the delivered Products. In the event of damage to the Products, please provide a specific description on the delivery note.
The rates for delivery are specified on the Website and are subject to revision or modification from time to time.
You will receive, upon delivery, a receipt with written confirmation of the total price paid including the detail (product prices and delivery charges if applicable).
Should the shipping be delayed, an email will be sent to you in order to inform you of the possible consequences on the indicated delivery time.
In compliance with French law, if the delivery occurs later than 30 days as of the order, you have the possibility to cancel the order, in accordance, with the provisions of article L.216-2 of the French Consumer Code (Code de la consommation). The contract is deemed cancelled upon receipt of the letter or the written document by which you inform us of this cancellation, unless the delivery occurred in the meantime. In compliance with article L.216-3 of the French Consumer Code (Code de la consommation), we will refund you no later than 14 days following the date the contract was cancelled.
If the delivery is processed by a carrier, LAD, M.X PARIS MAXIME SIMOENS may not be held responsible for any delay that would be due exclusively to unavailability of the Client, after several appointments proposals.
Article 6 – Delivery rates
DHL STANDARD 10€
Most of Europe : delivery within 4-6 days
DHL EXPRESS 20€
Most of Europe: delivery within 2-4 days
M.X PARIS offers you the PICK-UP service to retrieve your order in our Marais boutique in Paris (13, rue Vieille du Temple 75004 Paris), during the opening hours of the boutique. This service is free and does not require any minimum purchase.
Preparation time for the orders: minimum 2 days
The delivery times indicated above are given for information purposes only and are not binding for LAD, M.X PARIS MAXIME SIMOENS, which may not be held responsible in case these delivery times would not be respected.
Delivery rates indicated above are set forth according to the rates of our suppliers and are subject to revision or modification from time to time.
Standard delivery is free for any order of Products exceeding 300 € VAT included for France, European countries (to the exclusion of outermost regions hereinabove referred to) and the United States of America.
Article 7 – Payment
The validation of your order implies, from your side, the obligation to pay the indicated price.
Payment of your purchases is processed by credit or debit card through the secured system Payzen.
You shall pay the total price of the order in one single payment. Your card will be charged only upon shipping of the order. However, should the delivery occur in several times, you will be charged only for the shipped Products.
An invoice will be sent to you, together with the ordered Products.
Article 8 – Right of withdrawal
In accordance with articles L.221-18 and seq. of the French Consumer Code (Code de la consommation), you have a period of 14 calendar days from delivery of the Products to exercise your withdrawal right without the need to justify your reasons or to pay any penalties. However, we do not make any exchanges.
Your right of withdrawal shall be exercised by informing us of your decision to withdraw, by sending us, before the end of the 14-day period above, the withdrawal form featured below, or any other unambiguous statement of your will to withdraw your order.
This time period runs from delivery of the Products to you. When the 14-day period expires on a Saturday, Sunday or legal holiday, it will be extended to the following working day.
We provide the Client with a prepaid return slip, contained in the parcel, which allows to return the Products free of charge (hereinafter the “Prepaid Slip”), by sticking the Prepaid Slip on the return parcel and handing it in to the carrier named by LAD, M.X PARIS MAXIME SIMOENS. We will not reimburse any return expenses to the Client if they decide not to use the Prepaid Slip. In any case, the Product shall be returned as soon as possible, and no later than 14 days as of the Client’s notice to withdraw its order.
Each Product shall be returned unused, with its original packaging. In case of deterioration of the Product, resulting from any handling other than those strictly necessary to establish the nature, characteristics, and good state of the Product. LAD, M.X PARIS MAXIME SIMOENS reserves the right to refuse to reimburse the Product.LAD, M.X PARIS MAXIME SIMOENS shall not process to any refund if the Products returned by the Client are not consistent with the Products ordered or have another origin than the e-shop M.X PARIS MAXIME SIMOENS.
We will process to the refund of the returned Products, in accordance with the provisions above, and of the delivery rates paid by the Client, by crediting the card used for the payment. In case of partial return of the Products, the delivery rates shall not be refunded, since the Client has benefitted from the delivery service for the Products retained.
We will process to the refund within 14 days at the latest, as of the date we acknowledge receipt of the returned Products, provided these Products are declared compliant further to our quality control.
A confirmation email will be sent once the returned Products are received and the refund is processed.
You will be the only person allowed to exercise this right of withdrawal. If you asked that the order be delivered to a third party, this right may not be exercised by the consignee of your order.
To the attention of
M.X PARIS MAXIME SIMOENS
85, rue Montmartre 75002 PARIS
01.42.74.64.52 ---- Eshop@mxparis.fr
I/we give you notice of my/our withdrawal of the agreement pertaining on the sale of the Products below:
Ordered on (*) / Received on (*)
Name of the Client(s)
Address of the Client
Signature of the Client (only if the present form is transmitted in the paper form)
Article 9 – Availability
Our Products are offered as long as they may be viewed on the Website and within the limits of available stocks. For non-stocked Products, our offers are subject to availability from our suppliers.
Should a Product appear to be unavailable after your order has been placed, we will inform you via email of such unavailability. Your order will be cancelled and we will not charge your credit card.
Besides, the Website is not intended to sell its Products in large quantities. As a consequence, LAD, M.X PARIS MAXIME SIMOENS reserves the right to refuse orders exceeding 10 identical items.
Article 10 - Warranty
You shall ensure that the Products that have been delivered to you correspond to your order. Should the Products that have been delivered not coincide with your order, you must inform us via email firstname.lastname@example.org or by phone +33(0) 1 42 74 64 52 and return the concerned Product(s). The Products shall be returned in the same state as when you received them, together with all complementary elements (accessories, packaging, booklet). Delivery charges will be refunded on the basis of the invoiced rate and the return expenses shall be refunded upon presentation of the corresponding receipts.
The Products that are offered on our Website are subject to the terms and conditions of the legal warranties set out in articles L.217-4, L.217-5, L.217-7 and L.217-12 of the French Consumer Code. Thus, if the Product is unsuitable for the intended use, you have 2 years from delivery of the Products to trigger this warranty. Please note that the lacks of conformity which appears within 24 months from delivery of the Products are presumed to have existed at the time of delivery. In case of non-compliance we will replace the Product and if that is impossible, we will refund the cost of your order.
Besides, the Products offered on the Website are also subject to the warranty against latent defects (garantie des vices cachés) sets out in articles 1641 and 1648 of the French Civil Code. As a consequence, if the Product is unfit for its intended use, and if the defect existed before the purchase but did not appear by the time of the purchase, you will have up to 2 years after discovery of the defect to trigger this warranty.
If the Products returned by the Client are not consistent with the Products ordered or have another origin than the Website, LAD, M.X PARIS MAXIME SIMOENS shall not be bound by the obligations set forth in this article.
The provisions of this article do not prevent you to exercise the right of withdrawal set forth in article 8 above.
Provisions of the French Consumer Code (Code de la consommation):
Article L. 217-4: “The seller shall deliver goods in compliance with the contract and must be liable for any conformity defects existing at the moment of delivery. The seller must also be answerable for any conformity defects resulting from the packaging, instructions for assembly or installation when these have been made its responsibility by the contract, or have been produced under its supervision”.
Article L. 217-5: “To be compliant with the contract, the product must:
1) Be suitable for the purpose usually associated with a similar item and, if applicable:
- match the description given by the seller and possess the qualities indicated to the Purchaser in the form of a sample or model;
- have the features that a buyer might reasonably expect considering the public statements made by the seller, the producer or its representative, including in advertising and labelling;
2) Or have the features defined by mutual agreement between the parties or be suitable for any special use sought by the purchaser, as disclosed to the seller and accepted by the latter”.
Article L. 217-12: Any action based on the lack of conformity is time barred two years after delivery of the goods.
Article L217-16: When the purchaser asks the seller, during the time of the commercial warranty granted upon the purchase or the repairing of a good, a rehabilitation covered by the warranty, any period of immobilization of at least seven days shall be added to the remainder of duration of the warranty.
This period starts upon the purchaser’s request for intervention, or the date on which the purchaser provided the good for repairing, if this provision occurred after the request for intervention.
Provisions of the French civil Code:
Article 1641: “The seller is bound by a warranty regarding hidden defects in the sold item that render it unfit for the use for which it was intended, or that hinder this use, such that the Purchaser would not have bought it, or would have paid a lower price, had these been known”.
Article 1648 al. 1: “Any action resulting from critical defects must be brought by the purchaser within two years following discovery of the defect.”
Article 11 - Liability
The Products offered are compliant with the applicable French laws. LAD M.X PARIS MAXIME SIMOENS shall not be liable in case of non-compliance of the Products with the laws of the country where the Product is delivered. You are solely responsible for all verifications with local authorities for the importation of the Products that you intend to order.
Besides, LAD M.X PARIS MAXIME SIMOENS shall not be held liable for damages arising from a wrong use of the Products.
LAD M.X PARIS MAXIME SIMOENS shall not be liable for any inconvenience or damages due to the use of the internet network, especially an interruption of service, an outside intrusion, or the presence of computer viruses.
The performance of all or part of our obligations shall be withheld in the event of an accident or natural disaster, or other force majeure event, that prevents or delays their performance.
Article 12 – Applicable law
These General Terms and Conditions of Sales shall be submitted to French laws. Any dispute will fall under the exclusive jurisdiction of the competent courts of Paris. In the event of any discrepancy between the English and French language versions of these General Terms and Conditions of Sales, the French language version shall prevail.
Article 13 – Intellectual Property
The “M.X” and “MAXIME SIMOENS” trademarks, as well as all figurative or non-figurative trademarks, illustrations, visuals, logos appearing on the Products, accessories, or packaging, whether or not registered, are the exclusive property of the owners of these trademarks and other elements.
Any total or partial copy, modification, use of these trademarks, illustrations, visuals and logos, for any reason whatsoever and on any communication support whatsoever is strictly forbidden.
Similarly, all compounds or conjunctions of the trademarks and elements listed above with any other trademark, symbol, logo and all signs of any kind in order to create a compound logo are strictly forbidden. These provisions also apply to any and all copyrights, designs and patents featured on the Website.
Any elements of the website www.mxparis.fr are and remain the exclusive intellectual property of LAD M.X PARIS MAXIME SIMOENS and/or any other related right holders. It is strictly forbidden to reproduce, exploit, repost or use in any way whatsoever, even partially, software, visual or acoustic elements of the Website. Any simple or hypertext link is forbidden without prior written agreement of LAD M.X PARIS MAXIME SIMOENS.
Article 14 – Personal data
LAD M.X PARIS MAXIME SIMOENS reserves the right to collect nominative information and personal data related to you. Such data is necessary for the process of your order and the improvement of the services and the information that we provide you with.
The confirmation of your consent to the collection and to the use of such data may be asked by a specific button on the homepage of the Website.
The conditions applicable to the collection and the use of these data are set forth in the “Personal Data” Section of the Website, that we kindly invite you to consult.
Article 15 – Archiving – Proof
LAD M.X PARIS MAXIME SIMOENS will file the orders and invoices on reliable and long lasting supports, which will constitute a faithful and long lasting copy, in accordance with article 1379 of the French civil code.
The computerized records of LAD M.X PARIS MAXIME SIMOENS shall be deemed, by all concerned parties, proof of all communications, orders, payments and transactions entered into between the parties.