General terms of sale for the website
Effective as of 27 november 2020
If your order was made before that date, you can access the GTS effective on the date of your order by contacting the Customer Service at the following address: [email protected]
These general terms of sale and the contractual relationship between MUGLER FASHION and the Purchaser shall be governed by the laws of France. In the event of a dispute, the parties shall endeavor to reach an out-of-court settlement prior to initiating any court action.
Published by MUGLER FASHION, a French “société par actions simplifiée”, with a capital of 837,650.00 euros, whose head office is located at 14, Rue Royale - 75008 Paris, registered with the French Trade and Companies Registry under number 815 113 188 RCS Paris, acting in the name of and on behalf of its brand Mugler.
The Seller is the company MUGLER FASHION, a French “société par actions simplifiée”, with a capital of 837,650.00 euros, whose head office is located at 14, Rue Royale - 75008 Paris, registered with the French Trade and Companies Registry under number 815 113 188 RCS Paris.
Intracommunity VAT number: FR34815113188
E-mail: [email protected]
Phone number: + 33 1 53 05 25 80 from 9:30 am to 1:00 pm and 2:15 pm to 5:45 pm
Director of Publication: Sandrine GROSLIER
Hosting by: SHOPIFY, Shopify Inc, a Canadian company registered on the TSX and NYSE under registration number 426160-7
150 Elgin Street
Ottawa, Ontario K2P 1L4
Welcome to the www.fashion.mugler.com website (the “Website”).
As used in these GTS "You" or the "Purchaser" shall mean the person browsing the Website and/or ordering any Products via the Website; "We" or the "Seller" shall mean the company identified in the legal notices above; the Purchaser and the Seller are hereinafter collectively referred to as the "Parties" and individually as the "Party".
Any order of a Product on the website shall require that You acknowledge and expressly agree to these GTS by ticking the dedicated box during the order process.
These GTS shall solely apply to the exclusion of any and all other terms of sale, whether applicable to sale via retail outlets or any other distribution or marketing channels.
Pursuant to applicable laws and regulations, it is hereby specified that confirming a purchase order as set forth under these GTS shall qualify as an e-contract between the Parties and valid evidence as between the Parties of the entire order and all amounts due and payable under such order.
1. TERMS OF PURCHASE
All Products offered via the Website are intended exclusively for individuals who (i) are adults (or, if underage, duly authorized by their legal representative to place an order via the Website); and (ii) enjoy full legal capacity to place orders via the Website. We hereby reserve the right to request from time to time that You provide an identification document evidencing your age and/or said legal representative’s authorization. We reserve the right not to respond to an order and/or to exclude from our customer/prospect database any Purchaser who fails to satisfy such request or meet the requirements under this section.
It is hereby specified that the Products are intended for the Purchaser’s own personal use, which must be unrelated to his/her professional occupation, including any Product reselling.
2. PRODUCTS – PRICES
Products offered for sale via the Website shall be those displayed on the Website on the date the Purchaser browses the Website. The Purchaser is hereby informed that any photographs and language used to illustrate the Products may change over time.
b. Product unavailability
If a Product is unavailable after placing the order, you will be notified by e-mail. The amount of your order will be recalculated, and you will be debited the new amount, minus the missing products. If your order is completely unavailable, you will be notified by e-mail and you will not be debited.
You may also cancel an order placed on the Website by contacting the Customer Service by e-mail at the following address: [email protected]. If the Customer Service informs you that the order has already been processed, you will not be able to cancel it: you will then have to return the Products upon receipt of your order, under the conditions set out in Article 7 below.
Prices shall be in euros (€). Prices shall be inclusive of any discounts and VAT as applicable on the date of order. Any variation in applicable VAT rates shall be reflected onto the Products prices.
Prices are inclusive of processing and delivery costs which are the Seller’s responsibility. The Purchaser is responsible for any customs duties.
The Seller reserves the right to modify prices from time to time, provided however that the Products shall be charged on the basis of the price list as applicable upon registration of the order.
3. REGISTRATION AND VALIDATION OF THE ORDER
a. Order terms
In order to place an order, the Purchaser shall first access the Website.
The Purchaser can then view the various Products offered for sale on the date he/she browses the Website and select his/her Products by browsing the various categories of Products.
While browsing the Website, the Purchaser wishing to place an order can do so by simply clicking on the button intended to add the Product to the shopping cart.
Once this is completed, the Purchaser shall see the number of Products in his/her shopping cart displayed. It is hereby specified that the content of the shopping cart may be subject to a session timeout.
The Purchaser may then continue browsing or click on his/her shopping cart to see the contents of the cart displayed onscreen, with all of the added items, including the main features of each Product, the aggregate amount of the order, billing and delivery details, delivery period, costs and any applicable delivery restrictions as well as the rights and legal warranties available to the Purchaser.
The Purchaser may go back to, supplement, modify or cancel said order, until he/she finally confirms it. If the Purchaser wants to select any further Product(s), he/she may continue browsing the Website, with the assurance that the selected Product(s) shall be duly kept in his/her shopping cart.
When he/she has finished selecting the Products, the Purchaser may confirm the selected Products by clicking on the dedicated button to move on. A new page shall then be displayed, asking the Purchaser to:
After checking the content of his/her order, the Purchaser shall be asked to:
Before clicking on the dedicated button to place his/her order and to access payment of his/her order, the Purchaser shall be required to, first, read these GTS and, second, confirm that he/she agrees to these GTS by completing an acceptance confirmation action required on the Website (e.g., ticking a box).
Upon the Purchaser’s confirmation of his/her acceptance of these GTS, a dedicated Web page shall open up for payment of the order. Any and all orders hereunder shall carry the obligation to pay, which means that placing an order requires the Purchaser to make a payment.
The Purchaser shall then proceed to make payment for his/her order as per the terms set forth under these GTS.
It is hereby specified that upon selecting payment by credit card, under Section 4 below, the Purchaser shall be automatically connected to the payment service provider’s e-cash server. The payment service provider’s server shall be secured by an SSL (Secure Socket Layer) encryption process intended to protect as efficiently as possible all data related to payment methods and ensure that the Purchaser’s banking details shall not at any time transit though the Seller’s IT system. The Seller shall, therefore, assume no liability.
b. Order confirmation
Upon confirmation of the order and validation of the related payment as per the terms set forth below, a printable and downloadable version of the Purchaser’s order recap shall be displayed, including, without limitation, the order’s reference.
An order confirmation email shall be sent promptly by the Seller to the email address provided by the Purchaser, including, without limitation, the following information:
- the Seller’s identity and contact details;
- reference of the order as registered upon placing the order;
- a recap of the order and main features of the Products;
- the delivery period, costs and restrictions, if any;
- the total amount of the order, inclusive of tax;
- the rights and legal warranties available to the Purchaser;
- payment confirmation;
- the present GTS; and
- the withdrawal form.
The Seller retains title to the Product(s) ordered until full payment of the price and ancillary expenses, including shipping costs by the Seller. In the event of a payment incident, the Purchaser undertakes to return the Products received to the Seller, at its expense, upon first request.
For the purpose of preserving the Seller from any fraudsters’ abusive practices, and in the event that the Seller or the online payment service provider suspect an order of being fraudulent, they hereby reserve the right to request the Purchaser (before processing the order) to provide additional documentary evidence (including the Purchaser’s ID) in order to check whether it is fraudulent or not.
If the Purchaser fails to respond within fifteen (15) days following the Seller’s or the online payment service provider’s request, the order shall be cancelled and no payment shall be cashed by the Seller. If payment for the order has already been cashed, the Seller shall refund it within fourteen (14) days following the end of the abovementioned period of time, using the same payment method as that used by the Purchaser.
c. Order proof
The Seller and the Purchaser expressly agree that emails are binding between the Parties as well as the automatic recording systems used on the Website, as regards, in particular, the nature and date of the order.
The Purchaser may access, where applicable under ordinary rules of law, the e-contract between the Purchaser and the Seller, upon contacting the Customer Service at: [email protected] and providing all of the information required for this purpose, including the order number and his/her contact details.
To access the confirmation of the electronic contract concluded between the Purchaser and the Seller, the Purchaser also has the option to refer to the order confirmation e-mail referred to in Section 3 b), which contains, on a durable medium, all the mandatory information provided for in Article L. 221-13 of the French Consumer Code, and which it is the Purchaser's responsibility to keep.
The amount payable by the Purchaser shall be the amount stated on the order validation as displayed on the dedicated webpage and subsequently confirmed by email from the Seller to the Purchaser. The Purchaser is offered a choice of different payment options, upon placing his/her order as specified hereabove. Payment can be made upon making the order, via the Internet, by credit card. The order shall not be deemed confirmed by the Seller unless and until (i) the Purchaser agrees to the GTS; (ii) payment validity is checked and confirmed; and (iii) confirmation of order has been sent to the Purchaser.
In any event, the Seller reserves the right to refuse any order or delivery in case (i) of any existing dispute with the Purchaser; (ii) of any payment default of all or part of any order placed by the Purchaser; (iii) of a payment authorization by credit card is denied by banking institutions, (iv) of non-payment or partial payment, and (v) any other situation that does not comply with these GTS.
5. DELIVERY AND RECEIPT
a. Delivery terms
When the order is ready, it shall be dispatched to the postal address entered by the Purchaser in his/her order.
The Products shall be sent by postal services or via a special service provider (as the case may be and/or as per the selected delivery options) (hereinafter “Carrier”). If Carrier does not find anyone at the delivery address who is entitled to accept the delivery, Carrier shall leave a delivery notice in the mailbox of the delivery address. The Purchaser shall then contact Carrier to agree on a new delivery date. However, if the Purchaser fails to contact Carrier, the latter shall make two more delivery attempts on such date and time as may be determined by Carrier in its discretion.
The Purchaser is hereby informed that any given parcel shall be kept by Carrier for a period of fifteen (15) days as from the initial delivery attempt.
b. Delivery period
Orders paid by credit card shall be processed within a maximum period of two (2) working day(s).
It is hereby specified that an order shall not be dispatched unless and until it is duly processed.
Once the order has been processed, the relevant Products are shipped and delivered by the Carrier within an average period of 2 to 10 working days from the confirmation of the order by the Seller.
Working days shall mean any days other than Sundays and public holidays at the delivery address.
An order shall in any event be completed within a maximum period of thirty (30) days following the day on which the Purchaser placed his/her order, subject to full payment of the price and compliance with the purchase terms as defined under the Article 1 (“Terms of Purchase”) of these GTS.
Failing delivery by said deadline, the Purchaser shall have the right to cancel his/her order as per the terms set forth under the “Late Delivery” Section below.
c. Late delivery
In case of late delivery (i.e., after the specified delivery period or, where there is none, after the maximum delivery period of thirty (30) days following the order confirmation), the Purchaser shall promptly notify the Seller of this delay by email, sent to the following address: [email protected], so that the Seller can make inquiries with Carrier.
If the order is retrieved during said inquiries, it shall be immediately rerouted to the place of delivery specified in the order. If, however, the loss of the order is confirmed further to said inquiries, the Seller shall at its own cost re-dispatch the Product(s) to the Purchaser or, if permanently unavailable, refund all amounts paid by the Purchaser (including delivery costs), using the same payment method as that used by the Purchaser.
In any event, in case of late delivery exceeding ten (10) working days following the Purchaser’s email notifying the delay, other than due to force majeure, the Purchaser shall have the option to cancel his/her order by informing the Customer Service by sending an email to the following address: [email protected].
If the Purchaser exercises this option as per the terms set forth under this Section 5.c, the price of the order shall not be cashed by the Seller.
If payment for the order has already been cashed, the Seller shall refund all amounts paid by the Purchaser (including delivery costs), using the same payment method as that used by the Purchaser, within fourteen (14) days following its receipt of the cancellation notice. Further mandatory legal rights of the Purchaser remain unaffected.
A delivery shall be deemed fulfilled as soon as Carrier makes the Product(s) available to the Purchaser or to a third-party designated by the Purchaser. It shall be the Purchaser’s responsibility to check the delivered Product(s)’ compliance and integrity immediately upon receipt thereof.
Any default at the time of delivery (including any late delivery, missing or damaged Product) must be fully and accurately indicated by the Purchaser on the receipt given by the Carrier when the Products are made available and/or confirmed by registered letter to the Carrier within ten (10) days following receipt of the order.
Such default shall also be notified in parallel and as soon as possible to the Customer Service at : [email protected] with a copy of the claim made to the Carrier.
6. LEGAL WARRANTIES
a. Description of legal warranties
All Products supplied by the Seller benefit from the legal warranty of conformity provided by Articles L. 217-4 to L. 217-16 of the French Consumer Code and the warranty relating to the item’s defaults under the conditions provided by Articles 1641 to 1648 of the French Civil Code.
These articles are reproduced below:
Article L. 217-4 of the Consumer Code
The seller delivers the good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defaults of conformity resulting from packaging, assembly instructions or installation when it was made at his expense by the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the purchaser in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
Article L. 217-12 of the Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code
When the purchaser requests from the seller, during the commercial warranty granted to him at the time of the acquisition or repair of a movable good, a restoration covered by the warranty, any period of immobilization of at least seven (7) days is added to the remaining duration of the warranty.
This period starts from the date of the purchaser's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty on account of hidden defaults of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the purchaser would not have acquired it, or would have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code paragraph 1
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the default.
Except in the case of an express exception concerning specific products, the Seller does not grant any commercial warranty within the meaning of article L. 217-15 of the French Consumer Code.
b. How to proceed
If the delivered Products lack conformity with the Products ordered by the Purchaser or if they have any hidden defects, the Purchaser shall send an email to inform the Seller’s Customer Service to the following address: [email protected], to notify the Product(s)’ lack of conformity or hidden defects.
The Purchaser is reminded that when it acts as a legal warranty of conformity, it is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods, in accordance with Article L. 217-7 of the Consumer Code.
The Seller’s Customer Service shall acknowledge receipt of the Purchaser’s request and confirm the process to follow. Upon receipt of instructions from the Seller’s Customer Service, the Purchaser shall return the Products that are lack conformity or have hidden defects to the Seller at the address below:
Customer Service e-commerce
49 avenue de l’Opera
Such Product(s) shall be (i) returned complete, unused, and preferably in its/their intact original packaging; and (ii) preferably with its/their original wrapping (except in case of hidden defects) and the return voucher, and a copy of the invoice.
In addition, the Seller shall not accept parcels freight collect. Any risk related to the return of the Product(s) shall be assumed by the Purchaser.
Upon receipt of the Product(s) allegedly lacking conformity or having hidden defects, the Seller shall check the Product(s) to ascertain the conformity or non-conformity thereof. Likewise, the Seller may perform a quality test on the Product(s) returned by Purchaser to check whether the returned Product(s) is/are in fact original Product(s). It is hereby agreed that said checks shall be performed as promptly as possible and within a maximum period of one (1) month.
c. Reminder of the Purchaser's rights
It is recalled that when activating the legal warranty of conformity, the Purchaser:
- has a period of two years from the delivery of the good to activate the warranty;
The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
7. WITHDRAWAL RIGHT
a. Notice of withdrawal to the Seller
The Purchaser has a legal right of withdrawal that he/she may exercise within a period of fourteen (14) clear days, without being required to give any reason or pay any penalty. Returns are free of charge for the Purchaser when using the return slip included in the parcel at the time of delivery. Said withdrawal period shall expire fourteen (14) clear days following the day on which the Purchaser, or any third-party he/she may designate other than Carrier, takes physical possession of the Products.
If the Purchaser ordered several Products in a single order or if the Products were delivered in several parts, the withdrawal period shall not commence unless and until the Purchaser, or any third-party he/she may designate other than Carrier, takes physical possession of the last Product or last part of the delivery.
The Purchaser shall exercise his/her withdrawal right by giving the Seller notice of such withdrawal using any unambiguous statement during said withdrawal period, including:
(i) by mail to the following address:
Customer Service e-commerce
49 avenue de l’Opéra
(ii) through the Customer Service by email to the following address: [email protected]
The Purchaser can also fill out and send the withdrawal form but it is not mandatory.
To the attention of MUGLER FASHION , 49 avenue de l’Opéra, 75002 Paris, FRANCE.
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in case of notification of this form on paper):
(*) Delete as appropriate.
Upon receipt of the request for withdrawal by the Seller, the Seller acknowledges receipt of this request by sending an email or letter.
For the cancellation period to be respected, it is sufficient for the Purchaser to send its communication regarding the exercise of the right of withdrawal before the expiry of the cancellation period.
b. Returning cancelled Products
Following the Purchaser’s notice of withdrawal, the Purchaser shall return the Product(s) to the Seller complete, unused, and, preferably in its/their intact original packaging and with its/their original wrapping and the return voucher, and a copy of the invoice, without undue delay and by no later than fourteen (14) days following the Purchaser’s notice of withdrawal to:
Customer Service e-commerce
49 avenue de l’Opera
Failure for the Products to be returned within said fourteen (14) day period following the Purchaser’s notice of withdrawal no refund shall be made.
All return costs of the Product(s) shall be borne by the Seller. To do so, the Purchaser may use the return slip included in the package.
c. Refund of cancelled Products
The Seller agrees to give the Purchaser a refund of all amounts paid, including delivery costs (exclusive of any extra delivery costs that may result from the Purchaser’s selecting a delivery method other than the lower standard delivery rate offered by the Seller). Unless the Purchaser expressly selected another repayment method, the refund for the Product(s) shall be made using the same payment method as that initially used by the Purchaser, without undue delay and, in any event, by no later than fourteen (14) days following the date on which the Seller was informed of the Purchaser’s withdrawal decision. Said refund shall be at no cost to the Purchaser. The refund of said amount may, however, be postponed until the returned Products are actually recovered or until the Purchaser offers evidence of dispatching the Products, whichever occurs first.
The Purchaser is informed that Products which are unsealed after delivery and are not suitable to be returned for sanitary or health protection purposes shall not be eligible for withdrawal anymore, pursuant to Article L 221-28, 5° of the Consumer Code.
For any further information on the scope, contents or instructions related to the exercise of the Purchaser’s withdrawal right, the Purchaser may contact the Customer Service by email to the following address: [email protected].
8. CONCILIATION AND MEDIATION
a) Prior Conciliation
For any problem relating to an order, please contact our Customer Service, to whom any dispute of consumption must be entrusted beforehand, by e-mail sent to the following address: [email protected] or by postal mail to the following address:
Customer Service e-commerce
49 avenue de l’Opera
In case of failure of the conciliation, two options are available to the Purchaser. The Purchaser has the choice between the two types of mediation provided below.
i. Mediation provided by the Consumer Code
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes (Article L. 612-1 et seq. of the French Consumer Code), the Seller adheres to the services of the Paris Mediation and Arbitration Center (hereinafter the "Mediator") whose contact details are as follows: 39 avenue Franklin D. Roosevelt - 75008 Paris - http://www.cmap.fr.
Any consumer dispute may be referred to the Mediation Service by following the referral procedure at the following address: http://www.mediateurfevad.fr/index.php/espace-consommateur/.
ii. Recourse to the online dispute resolution platform (RLL)
The Online Dispute Resolution platform, in accordance with Article 14 of Regulation (EU) No. 524/2013, can be used for any consumer dispute and is accessible on the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
9. PERSONAL DATA
a. Personal Data
It is hereby specified that the Purchaser shall have the right to access, modify, correct or delete his/her personal data.
The Purchaser may exercise this right by sending a message and his/her ID to the Seller’s Customer Service at the following email address: [email protected].
For more information on the processing of your personal data, We invite You to consult our Personal Data Policy available here.
The Purchaser may receive information emails from the Seller about the Seller’s Products and activities, if the Purchaser previously expresses consent by ticking the appropriate box. The Purchaser shall retain the right to refuse such communication either as a preliminary matter by not expressing consent upon confirming the order, or subsequently by expressing his/her refusal by email to the following address: [email protected].
10. MISCELLANEOUS PROVISIONS
a. Force majeure
Neither Party shall be held liable for any failure to perform all or any part of its/his/her obligations under these GTS where such default is due to force majeure.
Are considered cases of force majeure the events meeting the criteria set by the jurisprudence of the French Supreme Court (Cour de Cassation) and the legislation.
Any Party asserting a force majeure event shall notify the other Party within five (5) working days following the occurrence of such force majeure event. The Parties hereby agree that they shall meet as promptly as practicable in order to mutually determine the performance terms of the order during the force majeure event. If the interruption due to force majeure continues for a period of one (1) month or more and if the Seller is unable to fulfill the order, the Seller shall give the Purchaser a refund.
b. Partial invalidity
In the event that any of the provisions under these GTS is held or found to be invalid under any law or regulation or final decision issued by a court of competent jurisdiction, all of the other provisions shall remain in full force and effect.
c. Entire GTS
These GTS and the confirmation of the order sent to the Purchaser shall form a single contract and reflect the entire agreement between the Parties.
d. Amendment to the GTS
It is hereby specified that the Purchaser shall be authorized to save or print these GTS, provided that it shall not make any changes hereto.
The GTS in force can be consulted at any time under the heading "General Terms and Conditions of Sale" accessible via all the pages of the Website.
The Seller may update these GTS from time to time. Such an update is subject to prior and specific notification on the Website.
e. Governing Law and Jurisdiction
These GTS and the entire agreement between the Purchaser and the Seller shall be governed by the laws of France. In the event of any dispute between the Purchaser and the Seller, failing resolution through the mediation process provided under Section 8 above, said dispute shall be referred to the French Courts of competent jurisdiction.