ARTICLE 1: PREAMBLE
Any access and / or use of the website www.mascaret-chaussures.com implies compliance with all the provisions of these terms and conditions and their acceptance. They therefore constitute a contract between Being Human Europe SAS and the User / Customer.
- Customer: means any person who acts for purposes that are not part of his commercial, industrial, artisanal or liberal activity, at least 18 years old and having ordered at least once on the website.
- Identifier: means the email address is necessary to identify a User on the website to access his account.
- Password: is understood as the succession of characters which the User must keep secret and allowing him, with his ID, to access his account.
- User: means any person using the website www.mascaret-chaussures.com or any of the services offered on it.
- Identified user: means any person using the sites www.mascaret-chaussures.com or any of the services offered on it and hold a Mascaret account.
The online store of the website www.mascaret-chaussures.com has been set up by the company Being Human Europe SAS, which is the operator, hereinafter referred to as the Company. Any order validated by the consumer within the shop www.being-human-clothing.eu implies the prior acceptance of these terms and conditions.
Validity of the order
The consumer acknowledges that he is fully aware that his agreement regarding the content of these terms and conditions does not require a handwritten signature, insofar as the consumer orders online the products presented there. The consumer declares having full legal capacity to engage under these general terms and conditions.
Application of the general terms and conditions
The consumer has the option of saving or editing these terms and conditions, it being specified that both the backup and editing of this document are the sole responsibility of the consumer, as these conditions may be modified by the Company. In this case, the applicable conditions will be those in force on the website during the validation of the order by the consumer.
The online store set up by the Company as part of its website mentions the following information
- legal notice allowing a precise identification of the Company
- presentation of the essential characteristics of the products
- indication, in Euros (VAT included) of the price of the goods and if necessary, additional cost for sending and packing
- indication of the terms of payment and delivery
- the existence of a right of withdrawal
- the period of validity of the offer
All information on the website www.mascaret-chaussures.com is presented in French and English. In case of dispute, only the French language is authentic.
Validity of the electronic signature
In accordance with the law of March 13, 2000 on the electronic signature, any order signed by the consumer by “double click validation” constitutes an irrevocable acceptance that can be challenged only in the limited cases provided for in these general terms and conditions.
The “double click” associated with the procedure of authentication, non-repudiation and protection of the integrity of the messages constitutes an electronic signature. This electronic signature has the value of a handwritten signature between the parties.
Proof of transaction
The computerized records kept in the Company’s computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties.
ARTICLE 2 : PRODUCTS
The Company presents on its website the products for sale and their descriptions to comply with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before the final order the essential characteristics of the products he wants to buy.
Price / VAT
Prices of the website are indicated in Euro all taxes included (VAT). They are applicable during the validation of the order by the consumer for a delivery in a territory of the European Union and do not include the shipping costs, invoiced in addition, and indicated before the final validation of the purchase order.
The prices are subject to French VAT and any change in the legal rate of this VAT will be implicitly reflected in the price of the products presented on the website www.mascaret-chaussures.com, on the date stipulated by the decree of application there referring.
Validity of product offers
Products sold by www.mascaret-chaussures.com are only valid while stocks last. The Company reserves the right to modify the product assortment, their availability and their prices.
Compliance of product offers
Products offered comply with the French legislation in force and the standards applicable in France. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Accordingly, the Company cannot be held liable for any error or omission in any of these photographs, texts or graphics, information or product features.
ARTICLE 3: ORDER
Contractual information will be confirmed by email.
Non-fulfillment of the order
The Company cannot be held responsible for the non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, disruption, total or partial strike including postal services and means of transport and / or communications, flood, fire.
In case of unavailability of the ordered product the consumer will be informed at the earliest and will have the opportunity to modify or cancel his order. The consumer will then have the choice to request either the refund of the sums collected (intervening within 30 days at the latest following the date of cancellation of the order), or if necessary, a credit to his client account. If the new order is of a higher amount, the consumer will have to pay the balance. Conversely, if the amount of the credit is greater than the amount of the order, the consumer will keep the balance of the credit, reusable at a future purchase.
The Company undertakes to inform the consumer of any change in its order relating to the time, price, characteristics, in order to leave the latter, the decision to modify his order accordingly.
Warnings / advice
The Company recommends to the consumer to keep a trace of the data relating to his order on paper or reliable computer support until the final resolution of his order.
3.2. Anti-fraud controls: implications when ordering?
In order to ensure the security of transactions and to meet the concern of as many people as possible to prevent fraud on internet selling, we carry out random checks on the placing of orders.
As part of a random check, we invite you by e-mail to send proof of residence and / or identity (the purpose being to ensure the reality of identity and domiciliation [e.g. a phone bill or an ID]) for the completion of the order.
In the absence of proof or if the addressed documents do not make it possible to ensure the identity of the author of the order and the real domiciliation, we would be in the obligation to cancel the order to guarantee the safety online transactions and refund the same order.
ARTICLE 4: PAYMENT
Payment for purchases is made at the Customer’s choice:
- by debit card: Visa, MasterCard
- through PayPal
In case of payment by debit card, the Customer’s bank account will be charged at the time of placing the order.
The Company reserves the right to suspend any order management or delivery in case of refusal of payment authorization by the financial institutions.
In accordance with the Data Protection Act of 6 January 1978 you have at any time, a right of access, rectification, and opposition to all of your personal data by writing, by mail and justifying your identity, at BEING HUMAN EUROPE SAS, 166 rue Saint Francois Xavier, 33170 Gradignan – FRANCE
ARTICLE 5. PAYMENTS SECURITY
In order to ensure the security of payments, the Company uses a security system based on the SSL (Secure Socket Layer) encryption protocol. The banking data are thus encrypted and thus protect the sensitive data related to the means of payment. The Company uses the secure Merc @ net payment service, in conjunction with BNP PARIBAS bank.
The Company never has access to the confidential information (card number, expiry date and encryption key) linked to the Customer’s credit card, only the Merc @ net secure payment platform and the BNP PARIBAS bank have this information.
ARTICLE 6: DELIVERY
Deliveries are made only:
– in metropolitan France, Corsica, DOM-TOM, and in the European Union.
The products will be delivered by: COLISSIMO
The Company reminds the consumer that it is obliged to ensure all the information needed are mentioned to deliver the order, including the phone number to which the consumer can be contacted.
The latter cannot be held responsible for any data entry errors and the resulting consequences such as a delay and / or a delivery error. In this context, all costs incurred for the return of the order will be entirely the responsibility of the consumer.
Any parcel opened and / or damaged, accepted or not on delivery, must be accompanied by “handwritten reserves”. These must be notified on the delivery note by the consumer, who must also inform the provider and the Company by mail within two (2) business days of delivery.
Warnings / advice
Only the damages and anomalies mentioned in the reservations issued by the consumer will be taken into account in the resolution of the dispute by the transport provider.
The Company reminds that in case of delivery problem, the consumer must imperatively keep all items received in the state (packaging and overpack included) until complete resolution of his file.
Any breach of the rules defined above may lead to the refusal to take charge of the dispute by the transport provider.
We advise you to check your delivery address when summarizing the order. In case of error on the delivery address, the shipping costs for a new shipment will be borne by the consumer.
ARTICLE 7: RECEIPT
The consumer must formulate with the Company, within two working days from the date of receipt of the package, any claim of error of delivery and / or non-compliance of products in kind or quality with respect to the indications on the purchase order. Any complaint made after this period will be rejected without possibility of recourse for the consumer and will release the Company from any responsibility towards the consumer.
In the context of a delivery that is not intended for him, the consumer is required to keep the package(s) as is and to inform the Customer Service of the Company (see “Contact Us”).
In case of non-compliant product, the consumer may make this claim in accordance with the general terms and conditions, to the Customer Service of the Company (see “Contact Us”).
The Company will make every effort to regularize the problem encountered by the consumer as soon as possible. In these specific cases and to the extent that the error emanates from its services, the Company will take care of the return of this product(s) by the mode of transport of its choice.
Warnings / advice
The consumer is informed that certain documents related to the parcel(s) may be claimed and must remain in possession of all items received (including packaging) until full resolution of his claim.
ARTICLE 8: RIGHT OF WITHDRAWAL
The Company grants the consumer a fourteen (14) day cooling-off period to return products that do not suit him. This period runs from the date of delivery of the product to the consumer. This right of withdrawal is granted without penalty, with the exception of return costs which are borne by the consumer.
The procedure described in “Article 8: Returns” applies for the return of the goods.
In the event of the exercise of the right of retraction, the consumer can ask for the refund of the sums collected.
In case of exercise of the right of withdrawal, the Company will refund the consumer within 15 days after receipt of the return. The consumer will then be refunded by a system of re-credit (secure transaction) in case of payment by credit card.
ARTICLE 9: RETURNS
All returns must first be reported to the Customer Service of the Company.
All products must be returned to The Company in new condition and fit for resale. Any product that has been damaged, that is incomplete, or whose original packaging is damaged or absent, will not be taken back.
In all cases, the return remains at the expense and risk of the consumer.
All returns must be sent to the Company within fourteen (14) business days of the return agreement and delivered in its entirety in its original packaging and in perfect condition, to the address of the Company.
The returned return number must appear visibly on the return packaging and the return slip must be printed and slipped inside the package.
No sending against payment will be accepted, whatever the reason.
Failure to comply with the procedures mentioned above, no claim for non-compliance or defect of the delivered products will be accepted.
ARTICLE 10: RESIDENTS OUTSIDE METROPOLITAN FRANCE
All residents of the European Union will be charged the amount of French VAT when validating their order.
Since internet sales are reserved for the individual consumer, he / she must pay the prices indicated inclusive of all taxes (VAT) on the website www.mascaret-chaussures.com.
The consumer must mention when ordering, a billing address located in a state or a country belonging to the European Union.
In the context of the relocation of an order or product to a country other than metropolitan France, the Company reminds the consumer that he remains the importer of the product concerned. Any customs duty, other local taxes, import duties, or state taxes that may be payable will not fall within the purview of the Company. It is up to the consumer to check with the local authorities the possibilities of importing or using the products or services that he intends to transport under the legislation of the country concerned.
ARTICLE 11: LEGAL NOTICES & LEGAL CLAUSES
Neither party will have failed in its contractual obligations, to the extent that their execution will be delayed, hindered or prevented by a fortuitous event or force majeure.
Will be regarded as fortuitous event or force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible.
Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals:
- blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning
- the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Hypertext links may point to websites other than www.mascaret-chaussures.com. The Company disclaims all liability in the event that the content of these websites contravenes the legal and regulatory provisions in force.
Intellectual Property – Rights of Use
All the models presented on the site are reserved under the copyright as well as the title of the Intellectual Property. The use of the products of the Company is granted to the consumer in a private capacity. Any other use constitutes infringement and is punishable under the Intellectual Property without prior authorization from The Company. Any total or partial reproduction of the catalog is strictly prohibited.
Computing and Freedom
Personal information collected for the purposes of the distance selling is obligatory, this information being essential for the treatment and the routing of the orders as well as the establishment of the invoices. The lack of information leads to the non-validation of the order.
In accordance with the French law “Informatique et Libertés” n ° 78-17 of January 6, 1978, the consumer has a right to access and rectify data concerning him and may exercise this right by sending a letter to the Company.
The user is informed that this automated processing of information, in particular the management of users’ email addresses, has been declared to the CNIL (Receipt No. 1091335).
If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
These general conditions are subject to French law. The attribution of competence in the event of dispute and in the absence of amicable agreement between the parts, is given to the competent courts of Bordeaux. In case of dispute or claim, the consumer will first contact the Company to obtain an amicable solution.
ARTICLE 12 – FIGHT AGAINST FRAUD
Information related to your order is processed by the customer service. This data processing is intended to define a level of analysis of a transaction and to fight against credit card fraud.
The Company is the only recipient of the data related to your order. The non-transmission of data related to your order prevents the realization and analysis of your transaction.
In accordance with the Data Protection Act of 6 January 1978 you have at any time, a right of access, rectification, and opposition to all of your personal data by writing, by mail and justifying your identity, at BEING HUMAN EUROPE SAS, 166 rue Saint Francois Xavier, 33170 Gradignan – France.
To contact us :
By phone: +33 (0) 5 57 96 97 98
From Monday to Friday (excluding public holidays), from 9h to 13h and from 14h to 17h
By E-mail: firstname.lastname@example.org via the contact form.
Please indicate your order number in all correspondence.