ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (the « GTCS ») apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional buyers (« the Customer ») wishing to purchase the products offered for sale (« the Products ») by the Vendor on the white-muse-collection.com website. The Products offered for sale on the site are the following: clothing and footwear.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the white-muse-collection.com site, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These General Terms and Conditions of Sale are accessible at all times on the white-muse-collection.com website and shall prevail over any other document.
The Customer declares that he/she has read these GTC and accepted them by ticking the box provided for this purpose before completing the online ordering procedure on the white-muse-collection.com website.
In the absence of proof to the contrary, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
The Vendor’s contact details are as follows
the white muse collection | SASU
Registered with the RCS of Créteil, under the following SIREN number: 949000020
12 rue Jenner 94310 Orly
Email : muse.collection.paris@gmail.com
ARTICLE 2 – Prices
The Products are supplied at the current prices shown on the white-muse-collection.com website, at the time the order is registered by the Vendor.
Prices are expressed in Euros, exclusive of VAT.
Prices take into account any discounts granted by the Seller on the white-muse-collection.com website.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify prices at any time outside their period of validity.
Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is the Customer’s responsibility to select the Products he/she wishes to order on the white-muse-collection.com website, according to the following procedures:
The customer chooses a product and places it in his/her shopping basket, which he/she may delete or modify before validating his/her order and accepting the present terms and conditions of sale. He will then enter his contact details or connect to his customer area and choose the delivery method. Once the information has been validated, the order will be considered definitive and will require payment by the customer in accordance with the terms and conditions.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will not be considered valid until full payment has been received. It is the customer’s responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the white-muse-collection.com website constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the site.
ARTICLE 3 Bis – Customer area – Account
In order to place an order, the Customer is invited to create an account (personal space).
To do so, he/she must register by filling in the form provided at the time of ordering, and undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address.
The Customer is responsible for updating the information provided. Customers are informed that they can modify this information by logging into their account.
To access his personal space and order history, the Customer must identify himself using his strictly personal user name and password, which will be sent to him after registration. The Customer agrees not to divulge them to any third party. Should he/she do so, he/she shall remain solely responsible for any use made thereof.
The Customer may also request to unsubscribe by going to the dedicated page in his/her personal space or by sending an e-mail to: the.white.muse.c@gmail.com. Unsubscription will take effect within a reasonable time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the white-muse-collection.com website may suspend or even close a customer’s account after formal notice has been sent by electronic means and has remained without effect.
Any account deletion, for whatever reason, will result in the deletion of all the Customer’s personal information.
The Vendor shall not be held liable for any event of force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.
The creation of an account implies acceptance of the present terms and conditions of sale.
ARTICLE 4 – Terms of payment
The price is paid by secure payment, according to the following methods:
- payment by credit card
The price is payable in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the white-muse-collection.com website.
Payments made by the Customer will only be considered final once the Seller has received the sums due.
The Vendor will not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
ARTICLE 5 – Delivery
Products ordered by the Customer will be delivered to Metropolitan France.
Deliveries are made within 2 to 5 days to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.
If the Products ordered have not been delivered within 10 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of a special request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.
Le Client est tenu de vérifier l’état des produits livrés. Il dispose d’un délai de #254 Délai maximal pour… à compter de la livraison pour formuler des réclamations par mail , accompagnées de tous les justificatifs y afférents (photos notamment). Passé ce délai et à défaut d’avoir respecté ces formalités, les Produits seront réputés conformes et exempts de tout vice apparent et aucune réclamation ne pourra être valablement acceptée par le Vendeur.
Le Vendeur remboursera ou remplacera dans les plus brefs délais et à ses frais, les Produits livrés dont les défauts de conformité ou les vices apparents ou cachés auront été dûment prouvés par le Client, dans les conditions prévues aux articles L 217-4 et suivants du Code de la consommation et celles prévues aux présentes CGV.
Le transfert des risques de perte et de détérioration s’y rapportant, ne sera réalisé qu’au moment où le Client prendra physiquement possession des Produits. Les Produits voyagent donc aux risques et périls du Vendeur sauf lorsque le Client aura lui-même choisi le transporteur. A ce titre, les risques sont transférés au moment de la remise du bien au transporteur.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – Right of withdrawal
In accordance with article L. 121-20 of the French Consumer Code, « the consumer has a period of fourteen clear days to exercise his or her right of withdrawal without having to justify his or her reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods ». « The period mentioned in the previous paragraph runs from receipt for goods or acceptance of the offer for services.
The right of withdrawal may be exercised by contacting the Company as follows: Please contact us using the contact form in the contact section at the bottom of the page. Customers are informed that in accordance with article L. 121-20-2 of the French Consumer Code, this right of withdrawal cannot be exercised for :
– Excluded from the right of withdrawal are cosmetic products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the cost of shipping will be reimbursed; the cost of returning the product(s) remains at the customer’s expense. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they should be accompanied by a copy of the purchase receipt. In accordance with legal provisions, you will find the standard form by e-mail by contacting our company.
Refund procedure: Please contact us using the contact form at the bottom of the page, under contact.
ARTICLE 8 – Seller’s liability – Warranties
Products supplied by the Vendor benefit from :
- the legal guarantee of conformity, for defective, damaged or damaged Products or Products that do not correspond to the order,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Legal warranty provisions
Article L217-4 of the French Consumer Code
« The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. »
Article L217-5 of the French Consumer Code
« The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
– if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
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 seller’s attention and accepted by the latter. »
Article L217-12 of the French Consumer Code
« Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article 1641 of the French Civil Code.
« The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code
« The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article L217-16 of the French Consumer Code.
« When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. This period runs from the date of the buyer’s request for repair, or from the date the item is made available for repair, if the item is made available after the request for repair.
In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Seller’s finding of the non-conformity or hidden defect. Reimbursement may be made by bank transfer or cheque.
The Vendor may not be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check,
- in the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor.
The Vendor’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.
ARTICLE 9 – Personal data
The Customer is hereby informed that the collection of his/her personal data is necessary for the sale of the Products and their delivery, entrusted to the Vendor. This personal data is collected solely for the purpose of executing the sales contract.
9.1 Collection of personal data
The personal data collected on the white-muse-collection.com website is as follows:
Account opening
When creating a customer/user account:
Full name, postal address, telephone number and e-mail address.
Payment
When paying for Products offered on the white-muse-collection.com website, the latter records financial data relating to the Customer’s bank account or credit card.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information over the Internet.
9.7 Enforcement of customer and user rights
Pursuant to the regulations applicable to personal data, Customers and users of the white-muse-collection.com website have the following rights:
- They may update or delete their personal data as follows:
the customer must send a request to the following address White.muse.c@gmail.com.
- They may delete their account by writing to the e-mail address indicated in article 9.3 « Data controller ».
- They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 « Data controller ».
- If the personal data held by the Vendor is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 « Data controller ».
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 « Data controller ».
- They may also request the portability of data held by the Vendor to another service provider.
- Finally, they may object to the processing of their data by the Vendor.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the data controller whose contact details are given above.
The data controller must reply within a maximum of one month.
Any refusal to grant the Customer’s request must be justified.
Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Vendor. The Customer may withdraw this consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.
ARTICLE 10 – Intellectual property
The content of the white-muse-collection.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.
These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.