General Terms and Conditions of Sale and Use (GTC/UG)

1. About us

La Société MEZIANA, AUTO-ENTREPRENEUR, dont le siège social est à LA SEYNE SUR MER (83500) 44 Avenue Stéphane Hessel, immatriculée au registre du commerce et des sociétés de TOULON sous le numéro 790 712 012 représentée par Madame Fatma BOUACHIR (ci-après la « Société”). La Société commercialise, à ses Clients via son Site Internet, les produits suivants : prêt à porter féminin.

2. Preamble

The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "GTC/UGU"). Placing an Order implies acceptance of the GTC/UGU. The characteristics of the Products are indicated on the Web Site. It is the Customer's responsibility to take this into account before making a purchase. The photographs or graphics presented on the Web Site are not contractual. Translated with www.DeepL.com/Translator (free version)

The Customer acknowledges having read and accepted these terms and conditions by checking the appropriate box before placing the Order online.

The GTC/UGS govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Internet Site.

They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Client's general conditions of purchase.

They shall be systematically communicated to the Customer upon request. In the event of subsequent modification of the GTC/GU, the Customer shall be subject to the version in force at the time of his Order.

3. Definitions

"Customer" refers to the Professional or Consumer who places an Order for a Product sold on the Web Site;

"Order" means any order placed by the registered User on this Site;

"General Terms and Conditions of Sale and Use" or "GTC/UG" means these general terms and conditions of use and online sales;

"Consumer" means the buyer who is a natural person and who is not acting for professional purposes and/or outside his professional activity;

"Products" means the physical things that can be appropriated and that are offered for sale on this Site;

"Professional" means the buyer, whether a legal entity or an individual, who is acting in the course of his professional activity;

"Site" means this Site, i.e. www.meziana.fr ;

Company" means Meziana Company, more fully described in Article I hereof;

and "User" means any person who uses the Site. Company" means Meziana Company, more fully described in Article I hereof;

4. Registration

Registration to the Site is open to all legal entities or individuals of legal age and enjoying their full personality and legal capacity.

The use of the Site is conditional on the registration of a User. Registration is free. To proceed with registration, the User must fill in all the mandatory fields; otherwise registration cannot be completed.

The Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, are exact and in conformity. They agree to update their personal information from the page dedicated to them and available in their account.

Every registered User has a login and a password. These are strictly personal and confidential and must not be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each Registered User is personally responsible for maintaining the confidentiality of his or her login and password. The Company will not be held responsible for any impersonation of a User. If a User suspects fraud at any time, he/she should contact the Company as soon as possible, so that the Company can take the necessary measures and regularize the situation. Translated with www.DeepL.com/Translator (free version)

Each User, whether a legal entity or an individual, can only have one account on the Site.

In the event of non-compliance with the T&C/GU, including the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending User.

The deletion of the account entails the permanent loss of all benefits and services acquired on the Site. However, any Orders placed and invoiced by the Site prior to account deletion will be fulfilled under normal conditions.

In the event of deletion of an account by the Company for failure to comply with the duties and obligations set forth in the T&C/GU, the offending User is expressly prohibited from re-registering on the Site directly, through another email address or through an intermediary without the express permission of the Company.

5. Orders

Orders can only be placed once the User has registered on the Site. The User, when he/she is connected to his/her account, can add Products to his/her virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and place his Order by pressing the "Order" button.

The Customer shall provide an address, a delivery method and a valid payment method in order to finalize the Order and effectively form the sales contract between the Customer and the Company. The finalization of the Order implies the acceptance of the prices of the Products sold, as well as the terms and conditions and delivery times indicated on the Site.

Once the Order is placed, the User will receive confirmation by e-mail. This confirmation will summarize the Order as well as the relevant delivery information. The placing of an Order shall constitute the conclusion of a distance selling contract between the Company and the Client.

6. Products and prices

The Products covered by the GTC/GU are those listed on the Site and which are sold and shipped directly by the Company.

The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is carried out within the limits of the Company's available stocks. The Company cannot be held responsible for stock shortages or for the impossibility of selling a Product that is not in stock.

When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, including all taxes, excluding shipping costs and taking into account applicable discounts in effect on the day of the Order. The price indicated does not include shipping costs, which will be detailed, if necessary, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quotation setting out the price calculation formula. Translated with www.DeepL.com/Translator (free version)

In no event shall a User be entitled to demand the application of discounts that are no longer in effect on the date of the Order.

7. Terms of payment

Sauf dispositions contraires, toutes les ventes sont payées comptant au moment de la passation de la Commande.

The payment can be made by :

Credit card via a secure connection

Paypal

 

8.Shipping

The Products are delivered exclusively in the following geographical areas:

Metropolitan France

Belgium,Luxembourg

Some European countries

The Company undertakes to provide all material and human efforts to deliver the Products as soon as possible. These may vary depending on the Customer's geographical area, the delivery method chosen or the Product ordered.

Packages are generally dispatched within 48 to 72 hours after receipt of payment.

If the 15-day delivery deadline is exceeded, except in the case of force majeure, the Customer may request that the contract be rescinded by contacting the Company, in the same manner, to make the delivery within a reasonable additional period of time, and if the Company has not complied.

In this case, the Customer will be refunded within 30 days if a payment has already been made.

In the event that delivery is impossible due to an error in the address indicated by the Customer, the Company will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery costs will be charged to the Customer.

In addition, the Company cannot be held responsible for reasons related to exceeding delivery times:

in periods of high demand, such as the holiday season,

for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,

for facts attributable exclusively to the carrier in charge of the delivery.

The delivery is carried out, according to the choice of the Customer and according to the prices indicated on the Site:

Livraison gratuite en point relais dès 100€ d’achat pour la France et la Belgique.

by Point Relaisaccording to the delivery times in force, i.e. 3 working days on average.

For the collection of the Products, a valid identification document will be required. If this is not the case, the Products ordered will not be delivered to the Customer.

 

9. Claim

For all Sales Orders placed through this web site, the client has the right to make a claim within 7 days of receiving the Products. It is the Client's responsibility to verify the apparent state of the Products upon receipt. If no reservations are expressly made upon delivery, the Products shall be deemed to correspond to the Order.

To exercise this right of complaint, the Client must send to the Company, at the address mezianaboutique@gmail.com, a statement in which he expresses his reservations and complaints, together with the relevant supporting documents (receipt countersigned by the carrier, photographs, etc.)

A claim that does not comply with the conditions described above cannot be accepted.

10. Right of withdrawal of the Consumer

The Consumer has a right of withdrawal of 14 days from receipt of the Order, except for the products mentioned in Article L.221-28 of the Consumer Code.

To exercise this right of withdrawal, the Consumer shall send a statement to the address : mezianaboutique@gmail.com.

The Products must be returned in their original packaging and in perfect condition within 8 days from the notification of the withdrawal to the Company by the Consumer. The direct costs of returning the Products shall be borne by the Consumer and shall be sent by post.

Items returned in their original condition will be reimbursed (excluding shipping costs) within 14 days of the Company's acknowledgement of the withdrawal.

The refund will be made by the same means of payment as the one used for the purchase.

Otherwise, no refund will be made.

Promotional items cannot be returned or refunded.

For a question of hygiene the returns of Hijabs are not accepted.

11. Transfer of risk and ownership

The Company retains ownership of the Products sold until full payment of the price by the Client. It may therefore repossess the said Products in the event of non-payment. In this case, the deposits paid will remain with the Company as compensation.

For Professional Customers, the transfer of risks to the Client occurs as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place upon delivery or upon collection of the goods in the store when the Customer has chosen a delivery in store.

12. Legal warranties

The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:

Article L.217-4 of the Consumer Code:

"The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility. "

Article L.217-5 of the Consumer Code:

"The property is in conformity with the contract: 1° If it is fit for the purpose usually expected of similar property and, where applicable :

if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;

s’il présente les qualités qu’un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article 1641 of the Civil Code:

"The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them."

Any Product resold that has been altered, modified or processed is not covered by the warranty.

This is limited to the replacement or reimbursement of Products that do not conform or are affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country to which it is delivered.

 

13. Modifications

The Company reserves the right to make changes to the Site, the T&Cs/Guidelines and any delivery procedure or other component of the services provided by the Company through this Site.

When an Order is placed, the User is subject to the provisions set forth in the T&C/GU in effect at the time the Order is placed.

14. Processing of personal data

The registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his/her data, he/she is requested to refrain from using the Site

This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.

In addition, in accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, modify, correct or delete any personal data at any time by sending a letter, with proof of identity, to the following address: mezianaboutique@gmail.com. This personal data is necessary for the processing of the Order and for the establishment of invoices, if necessary, as well as for the improvement of the functionalities of the Site

15. Sharing of collected data

The Site may use third-party companies to perform certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his/her data to enable the proper functioning of the Site.

These third-party companies only have access to the data collected for the purpose of performing a specific task.

The Site remains responsible for the processing of this data.

In addition, the User may receive information or commercial offers from the Company or its partners

The User may at any time object to receiving such commercial offers by writing to the Company's address indicated above.

In addition, Customer information may be transmitted to third parties without their prior express consent for the following purposes:

respect the law

protect any person from serious injury

to fight against fraud or attacks on the Company or its users

protect the Company's property rights.

16. Data protection

The Company ensures an appropriate level of security commensurate with the risks involved as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.

However, these measures do not constitute a guarantee and do not commit the Company to an obligation of result concerning data security.

17. Cookies

To enable its Users to benefit from optimal browsing on the Site and better operation of the various interfaces and applications, the Company may place a cookie on the User's computer. This cookie allows the storage of information relating to navigation on the Site, as well as any data entered by the Users (in particular searches, login, email, password).

The User expressly authorizes the Company to place a file called a "cookie" on the User's hard drive.

The User has the possibility of blocking, modifying the duration of conservation, or deleting this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him/her from using certain services or features of the Site, this malfunctioning shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.

18. Responsibility

The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to ensure the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Website unavailable in order to carry out any updating, improvement or maintenance operation.

As previously stated herein, the Company shall in no event be liable for delays in delivery due to causes beyond its control, beyond its control, unforeseeable and irresistible or for which it is not at fault.

19. Intellectual Property

The brand, the logo, and the graphic charter of the present Site are registered trademarks at the INPI and works of the mind protected under the copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.

20. Jurisdiction clause

The law governing the GCS/GU is French law. Any dispute that may arise between the Company and a User during the execution of the present terms and conditions will be subject to an attempt at amicable resolution. Failing that, the disputes will be brought to the attention of the competent courts under common law.

21. Acceptance of the T&Cs/GU

The Customer or the User expressly accepts the GTC/GU. The Customer declares that he/she is aware of them and waives the right to invoke any other document, in particular his/her own general conditions of purchase.

The Consumer acknowledges having been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular:

the essential characteristics of the Product;

the price of the Products; the date or time by which the Company agrees to provide the Service;

information relating to the identity of the Company (postal, telephone and electronic contact details);

information on legal and contractual guarantees and their implementation procedures;

the possibility of resorting to conventional mediation in the event of a dispute;

information on the right of withdrawal (deadline, terms of exercise).