Terms and conditions of use
The terms and conditions of use are concluded between Parisian in Miami and any individual trader wishing to make a purchase on this Web Site.
01 - Object
The terms and conditions of use aim to define the terms of sale between Parisian in Miami and the user from placing order to after-sales services through the payment and delivery.
02 - Products
The products governed by the present terms and conditions are those which appear on the website and which are indicated as sold and shipped by Parisian in Miami.
Products are described and presented with the greatest possible accuracy. However if errors or omissions may have occurred with respect to this presentation, the responsibility of Parisian in Miami could be engaged.
The photographs of the products are not contractual.
03 - Prices
The prices of products are indicated in Euros. They take into account any reductions for the day of the order.
The prices of the products are shipping included. The shipping costs are available.
A price cannot be changed once the validated user control.
04 - The command
4.1 prior identification of the user
To place an order, the user must identify themselves with their email address and password. To first order, the user must follow a procedure of creating account indicated on the Web Site or order as a guest.
In case of loss or forgetfulness of the password, the user can ask again on his account and clicking on "Forgot my password". He will receive his password on the email address provided at the time of its inclusion.
4.2 recording and validation of the order
The user has the possibility to pass its command line:
-from the catalogue online;
Once the basket is validated, the user must accept the terms, select the address, and the shipping method, and finally validate the mode of payment, this last step formalizing the contract of sale between Parisian in Miami and the user.
Any order is acceptance of the prices and descriptions of products available for sale. Any dispute on this point will take place within the framework of a possible exchange and below mentioned guarantees (article 7).
Parisian in Miami will acknowledge receipt of the order by sending an e-mail.
In some cases, especially default of payment, incorrect address or another problem on the user's account, Parisian in Miami reserves the right to block the command of the user until the resolution of the problem.
In case of unavailability of a product ordered the user will be informed by e-mail.
The cancellation of the order of the product and its potential reimbursement (only available when ordering products can undergo a levy, as opposed to deferred income), will be so done, the rest of the command remaining firm and final.
For any question relating to the follow-up of a command, the user should consult his client account on the website or contact customer service at email@example.com.
05 - Terms of payment
The user has the choice to pay for his purchases:
-by credit card:
Carte Bleue, Visa, Mastercard.
The user's account will be debited directly after purchasing.
When exhausted or unavailable products, flow will be returned the amount of products unavailable.
By choosing the payment via PayPal, the user will be automatically directed on his PayPal account. Once the Paypal payment is validated, the user can terminate his order on the website.
The user shall ship are cheque within 2 weeks to the address and the order indicated when ordering.
-By bank transfer
The user must carry out the transfer within 2 weeks at the Bank coordinates indicated when ordering.
06 - Delivery
-Our delivery time is 10 working days.
-Delivery costs are free.
-If the command has several articles, it can items be shipped in multiple packages.
-Delivery must be made at the domicile of the user,
-The user must pay in advance the order.
-Sending of packages directly from the company located in China by China Post.
-NO customs charges will be asked to the user. Customs fees are paid by Parisian in Miami.
07 - Right of withdrawal and Exchange
7.1. right of withdrawal
All delivered products may be subject to a refund.
Products must be intact, complete, packed in the original packing.
The user has a right of withdrawal of 14 days from the date of receipt.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt the last good or lot or the last piece.
During these periods, the user may return the products to the billing address without having to justify reasons.
To exercise your right of withdrawal, you may use the standard withdrawal form to be completed here, or make any unambiguous statement indicating your intention to return the Product to Parisian in Miami including declaring your return by e-mail.
The user can return its product to Parisian in Miami by the post office. The expenses of return via La Poste are the responsibility of the user (with the exception of a defective product at reception,) or an error when sending the product.
Parisian in Miami undertakes to refund to the user who has exercised his right of withdrawal as soon as possible and at the latest within 14 days of the exercise of the right of withdrawal.
Parisian in Miami will refund the user of products returned, subject to compliance with the above mentioned conditions.
The refund will be made via the means of payment for the returned order.
Thus, if products command has been set by:
-Credit card, and its credit card is still valid, the refund will be made on the account attached to this blue card.
-Paypal, and Paypal account is still active, the refund will be made on this Paypal account.
For any other means of payment or failure of previous refunds, reimbursement will be made by cheque letter sent to the billing address.
The user has also within 7 days to request an Exchange.
Then, the user must not pay shipping on the new Exchange command.
The user can return its product to Parisian in Miami by the post office.
Reminder, the return expenses are borne by the user.
08 - Guarantees
All products for sale on the Web Site benefit from the legal guarantee of conformity (L211-1 and following of the French consumer Code) and the warranty against latent defects (articles 1641 and following of the Civil Code), allowing the user to return defective or nonconforming products.
-Article L217-4 of the Code of consumption: the seller is required to deliver a well in line with the contract and is responsible for the defects of conformity existing at the time of issue. It meets also the defects of conformity resulting from the packaging, mounting or installation instructions when it was made dependant by the contract or been carried out under its responsibility.
– Article L217-5 of the consumer Code: to conform to the contract, the property must:
(1) be suitable for the use normally expected of a similar property and, where appropriate:
-fit the description given by the seller and possess the qualities of it submitted to the buyer as a sample or model;
-present the qualities a buyer may legitimately expect in the matter of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
(2) present the characteristics defined by mutual agreement by the parties or being clean for any special use sought by the purchaser, to the knowledge of the seller and that the latter has accepted.
-Article L217-12 of the Code of consumption: the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
-Article 1641 of the Civil Code: the seller is bound by the guarantee account the latent defects of the thing sold which render it unfit for the use for which it was intended or which so impair that use, that the buyer would not have acquired, or would only have given a lesser price, if he had known.
-Article 1648 al 1 of the Civil Code: the action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.
Some products also have a contractual guarantee in addition to the legal warranty.
-For example, assorted textile products of the "Safe bet" symbol are guaranteed for six months and with the initials "Best" assorted products are guaranteed for one year against manufacturing defects.
-For technical products, this warranty covers the replacement and warranty of parts, labor, transport of parts, replacement, or refund of the product (if unable to repair known by the seller or Builder or, if repairs proved too costly, replacing it with the same model or similar model). It is worth noting that this guarantee excludes replacement of parts whose wear is normal (batteries, read heads) or due to abnormal use of the product (professional use, or commissioning of a community). It also excludes failures related to a poor connection to the product or the non respect of the instruction manual, to shock, improper use or maintenance or to external causes to the equipment (lightning, water damage, etc.).
During the duration of the initial contractual warranty (indicated on the datasheet), parts, labour and the displacement of the technician SAV (not applicable outside France) remain the responsibility of La Redoute. If on-site repair is not possible, the technician will carry equipment in the packaging that the user has taken care to retain.
The initial contractual guarantee the products offered for sale may be extended. The duration of this warranty extension is indicated on the Internet Site during the presentation of the product.
09 - Signature and evidence
In all cases, the credit card number on-line delivery and the final validation of the order will be worth proof of completeness of the said order in accordance with the provisions of the law of 13 March 2000 and worth of money due by the seizure of the products listed on the order form.
This validation is worth signing and express acceptance of all transactions made on the website.
However, in the event of fraudulent use of his credit card, the user is prompted from the observation of this use, contact Customer Service by sending an email to firstname.lastname@example.org.
The computerized registers, preserved in the computing systems Parisian in Miami and his partners in reasonable conditions of security, will be considered as proof of communications, orders and payments between the Parties.
The archiving of order forms and invoices is carried out on a reliable and sustainable way support to correspond to a true and lasting copy in accordance with article 1348 of the Civil Code.
10 - Responsibility
Parisian in Miami is all stages of order as well as the steps for the conclusion of the contract an obligation of result.
Thus Parisian in Miami undertakes to describe with great accuracy the products sold on the website. On the other hand, the responsibility of Parisian in Miami will not be liable where breach of obligations is attributable either to the unpredictable fact and insurmountable third party contract is a case forcibly defined such major by French jurisprudence. Similarly, responsibility for Parisian in Miami cannot be held liable for all inconveniences or damages inherent to the use of the Internet, including a break of service, an external intrusion or the presence of computer viruses.
11 - Intellectual property
All elements of the website, whether Visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Similarly, the trademarks, logos, designs contained on the website are the exclusive property of Fashione Gin. Their disclosure could not be construed as granting a licence or right to use any of the said trademarks and distinctive elements protected by copyright. They can therefore be used under penalty of counterfeiting.
Thus, none of the documents from the Web Site may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way whatsoever.
However, it is possible to download a copy of the documents on a computer for personal use of the user and only for non-commercial purposes, provided that the user does not change the information contained and keep intact all copyright and other proprietary notices. The modification of these documents or their use for any other purpose constitutes an offence under the law of intellectual property of Parisian in Miami.
The user has a Web site on a personal basis and who wishes to place a direct link to homepage of the website, for personal use, on its site must request permission to Parisian in Miami society. It will not be any implicit affiliation agreement.
At European level, the European Commission provides you with an online dispute resolution platform.
13 - Applicable law and judicial competence
The terms and conditions are subject to French law. The competent court in case of dispute will be that of the place of domicile of the defendant or, at the option of the applicant, of the place of actual delivery of the product.
The website conforms to the French legislation, and in no case Parisian in Miami gives guarantee of compliance with local legislation that you would be applicable, whenever you access the website from other countries.
14. Personal data
14.1 In accordance with the French law "Informatique et Libertés" n ° 78-17 of January 6, 1978, you have at any time a right of access to personal information about you.
You will be able to (i) complete or modify them if they are inaccurate or incomplete, (ii) withdraw them and / or (iii) oppose their transmission by informing Parisian in Miami in writing by contacting customer service by email or by letter . However, data concerning your transaction history on the Site will be kept for the legal period of storage of accounting data.
14.2 Existence of a list of opposition to canvassing telephone: In accordance with articles L223-2 and following of the Code of consumption, we inform you that you can, if you wish, to register on the list of opposition to soliciting by telephone (www.bloctel.gouv.fr). You can register for free on this list which applies to all professionals except those with whom you have already concluded a contract.