General Terms and Conditions
Terms of Sales
Preamble
This website “shaynizzboutique.com” is the property of the company SHAYNIZZ Boutique, registered in the trade and companies register under number 914558655, whose head office is located Rue Saint Vincent de Paul 34500 Béziers.
Email: shaynizzboutique@gmail.com
Article 1: Introduction
These general conditions of sale (“CGV”) govern the contractual relations between any non-commercial natural person (“the Customer”) wishing to make a purchase on the Website “http://shaynizzboutique.com”, and the company SHAYNIZZ Boutique (" seller ").
The Seller reserves the right to modify these T&Cs at any time by publishing a new version of the T&Cs on its site. The applicable General Terms and Conditions are those in force on the date of payment of the order. By validating his order, the Customer declares to have read and accepts these General Terms and Conditions without reservation.
Article 2: Purpose of the General Terms and Conditions
The General Terms and Conditions aim to define the terms of sale between the Seller and the Customer, from the time the order is placed.
Article 3: Price
The prices of the products on the Site are prices indicated in euros, all taxes included. The prices of the products are those in force at the time the order is registered by the Customer. Shipping costs are shown extra. The telecommunications costs necessary for access to the website are the responsibility of the Customer.
Article 4: Payment terms
The products and services presented on the site are payable online at the time of ordering.
Payment for purchases by the Customer can be made:
• by Visa or MasterCard bank card
• by PayPal
The Customer's bank account is debited within hours of the order. The debit on a PayPal account is immediate. The goods delivered and invoiced to the Customer remain the property of the Seller until full payment of the price. For any questions or technical problems related to payment, support is available by email (shaynizzboutique.contact@gmail.com).
Article 5: Order
For any first order, the Customer has the option of following an account creation procedure indicated on the Website. In the event of loss or forgetting of the password, the Customer can go to their customer account and by clicking on “forgotten password”, receive their password on the email address provided at the time of registration. In order to place an order on the website, the customer must first identify themselves with their name, email address or customer number and password, then follow the following specific steps:
• the Customer is informed of the essential characteristics of the selected product(s) that he wishes to purchase. The first click validates the order.
• The Customer then proceeds to verify the elements of the order and correct any errors.
The second click, on the button entitled “I confirm my order and I pay”, is only possible after checking the box “I have read and accept the general conditions of sale”. The Customer's order is confirmed once he has made payment.
• An email confirming his order, in which these General Terms and Conditions are inserted, is then sent to him.
Article 6: Delivery
Products ordered on the Website can be shipped in mainland France as well as abroad on prior request, to the address indicated when ordering. Delivery costs are the responsibility of the Customer. They are indicated to him when he consults the availability of his product. Before the consumer is bound by a sales contract, the delivery time is indicated to him on the product page.
The professional undertakes to deliver the goods on the date or within the period indicated to the Client. In the absence of indication or agreement as to the delivery date, the professional delivers the goods without undue delay and no later than 30 days after the conclusion of the contract.
If the professional has failed to fulfill its obligation to deliver on the scheduled date or at the end of the scheduled period, or failing that, at the latest 30 days after the conclusion of the contract, the customer may cancel the contract.
To do this, the Customer must make his request to the Professional Seller by registered letter with acknowledgment of receipt or in writing on another durable medium, after having ordered him, in vain, to make delivery within a deadline. reasonable extra. The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has complied in the meantime. In the event that the professional refuses to deliver the goods or does not fulfill his obligation to deliver the goods on the date or at the end of the stipulated period, the Client may terminate the contract immediately, provided that this date or period constitutes for the customer an essential condition of the contract.
This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract.
The professional then undertakes to reimburse the client for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
The Customer must ensure at the time of delivery of his order that the product(s) are in good condition and that he has the number of packages announced. If the product(s) delivered do not conform in nature or quantity to the specifications indicated on the delivery note attached to the shipment or have (have) suffered damage during transport, the Customer must complete the delivery slip, noting any damage due to transport and clearly writing down their reservations.
In the event that the Customer has not collected his order within the allotted time (delivery to a “relay point”), the costs of returning the order are the responsibility of said Customer.
SHAYNIZZ Boutique declines all responsibility in the event of an address error made by the buyer. This is why all buyers are asked to be scrupulous on this subject.
SHAYNIZZ Boutique declines all liability linked to possible delays, theft, loss or damage to the package by the carrier (La Poste / Mondial Relay).
The “Letter followed” delivery method (reserved strictly for light items) does not entitle you to any recourse or compensation in the event of loss/theft. The customer is informed of this by accepting these general conditions of sale.
Article 7: Right of withdrawal / Return – Exchange
In accordance with article L. 121-21 of the Consumer Code, the Customer has a period of fourteen days from receipt of the good to return the ordered product to the Seller.
The products must be returned in their original packaging, unused, accompanied by their proof of purchase as well as any accessories and the return form duly completed and signed.
No return is possible if the product has been damaged by the Customer, if it is returned incomplete, worn or washed. Return costs remain the responsibility of the Customer.
The Customer informs the professional of his decision to exercise his right of withdrawal by sending him by post, before the expiry of the stipulated period, the withdrawal form present in the Appendix to these General Conditions of Sale or any other declaration, expressing his desire to retract. The Customer may prefer to submit the withdrawal form given to them online.
Accessories such as lingerie, bodysuits, swimsuits and jewelry are not eligible for returns.
Items benefiting from a discount or promotion do not qualify for any return or exchange.
Please send us an email if you wish to assert your right of withdrawal (shaynizzboutique.contact@gmail.com).
Article 8: Guarantees
All products on sale on the Website are subject to the legal guarantee of conformity (articles L. 211-1 et seq. of the Consumer Code), and to the guarantee against hidden defects (articles 1641 et seq. of the Civil Code) .
Article L. 211-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L. 211-5 of the Consumer Code: “To comply with the contract, the good must:
1° Be suitable for the use usually expected of similar goods and, where applicable:
– correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer does not would not have acquired, or would have only given a lower price, if he had known them.
Article 1648 al 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article 9: Responsibilities
The Seller undertakes to describe with the greatest accuracy the products sold on the Website. On the other hand, the Seller's liability cannot be incurred in the event that the non-performance of its obligations is attributable to a case of force majeure as defined by French case law. All irresistible, unforeseeable facts or circumstances beyond the control of the parties are considered to be fortuitous events or cases of force majeure exonerating liability. Likewise, it cannot be held responsible for any inconveniences or damages inherent in the use of the Internet network, such as a disruption in service or the presence of computer viruses.
Article 10: Intellectual property
All elements of the Website, such as brands and logos, are the exclusive property of SHAYNIZZ Boutique. They cannot therefore be used under penalty of counterfeiting. Only one copy of the materials on one computer may be downloaded for the Client's personal use, for non-commercial purposes only and provided that the Client does not modify the information contained. Any total or partial reproduction of the site for purposes other than its intended use is strictly prohibited. The customer only benefits from a personal right to use these files and limited to the indications provided in the General Terms and Conditions, in a strictly family and private context. Any use outside the scope of these terms is strictly prohibited and any use for purposes other than private exposes the customer to legal, civil and/or criminal proceedings.
Article 11: Protection of personal data
The various personal data that we may request from you are only used to process your order. Our company undertakes not to disclose them to third parties without your express consent. Therefore, we only transmit your contact details to companies whose offers may be of interest to you if you accepted it when you registered. Our site uses cookies. The purpose of the cookie is to signal your visit to our site in order to improve the personalized service intended for you and to facilitate your navigation on our site. You can refuse to have such cookies installed on the computer you are using by changing your Internet browser options. Our website, which is declared to the National Commission for Information Technology and Liberties, under number (current), offers registration for a newsletter. The Internet user can unsubscribe at any time. All they have to do is click on the link at the end of each email.
In accordance with the law of January 6, 1978 relating to data processing, files and freedoms, you have the right to oppose, access, rectify and delete data concerning you, rights which you can exercise under the conditions provided for by the law of January 6, 1978 relating to data processing, files and freedoms, by mail sent to the Consumer Services of our company. Your request must be signed and accompanied by a photocopy of your identity document.
Article 12: Applicable law and jurisdiction
The General Conditions are subject to French law. The competent court in the event of a dispute is that of the defendant's place of residence or, at the plaintiff's choice, the place of actual delivery of the Product.