General terms and conditions of use and sale
Personal data protection policy
These general terms and conditions of use and sale are concluded between MIRAVIDI, identified in Article 2, on the one hand, and, on the other hand, a natural or legal person using the Site and/or wishing to purchase the Products that MIRAVIDI markets on its Site at the following address: https://www.miravidi.fr/fr/. This document also contains the Personal Data Protection Policy.
ARTICLE 1. DEFINITIONS
The term "Customer" refers to the consumer or professional user of the Site who places an Order for one or more Products offered for sale by MIRAVIDI.
The term "consumer Customer" refers to the natural person Customer who is acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.
The term "non-professional Customer" refers to the legal entity Customer who is not acting for professional purposes, which are assessed with regard to the activity of the legal entity.
The term "Professional Customer" refers to the Customer who is a natural person or legal entity acting for purposes that fall within the scope of its commercial, industrial, craft, liberal or agricultural activity.
The term "Order" refers to the request made by the Customer on the Site to purchase one or more Products.
Terms and Conditions" refers to the General Terms and Conditions of Use and Sale between Miravidi and the Customer that govern the use of the Site and the placing of Orders by the Customer.
The term "Shipping Costs" refers to the cost to the Customer of packaging and handling the Products as well as the delivery of one or more Products to the address indicated by the Customer according to the delivery method chosen.
The term "Delivery" refers to the shipping and delivery of the Order by MIRAVIDI to the Customer.
MIRAVIDI" refers to the Miravidi company identified in article 2 of these General Terms and Conditions, which offers the Products for sale on its Site for the benefit of the Customer.
The term "Price" refers to the unit value of a Product, including all taxes. Translated with www.DeepL.com/Translator (free version)
Total Price" means the total amount of the Products ordered, including all taxes.
The term "All-Inclusive Price" refers to the total price of the Products ordered by the Customer, plus shipping costs, all taxes included.
The term "Customer Service" refers to the department within MIRAVIDI that is authorized to handle all requests from the Customer in connection with the Order.
The term "Site" refers to the Internet site accessible at https://www.miravidi.fr/fr/ on which MIRAVIDI offers the Products for sale.
The term "User" refers to the persons using the Site.
ARTICLE 2. IDENTIFICATION OF MIRAVIDI
Limited liability company with a capital of €18,293.88
16, rue Saint Paul - 75004 Paris
Registered with the Paris Trade and Companies Registry 397 664 491
VAT NUMBER FR 88 397 664 491
(33)1 42 78 91 80
Represented by Mr Jean-Baptiste Michel
ARTICLE 3 - ACCEPTANCE AND MODIFICATIONS OF THE GENERAL CONDITIONS
The Customer declares that he or she has read the General Terms and Conditions and accepts them without restriction or reservation by checking the box "I have read the General Terms and Conditions of Sale and I accept them without reservation" when placing the Order. The General Terms and Conditions applicable to the relationship between MIRAVIDI and the Customer are those in effect at the time the Customer places the Order.
These General Conditions prevail over any other contradictory document.
The General Terms and Conditions can be accessed by the Customer at any time from the "General Terms and Conditions of Use and Sale" tab at the bottom of each page of the Site.
These General Conditions may be modified at any time by MIRAVIDI in order to comply with legal or jurisprudential developments and to make any editorial and/or technical adjustments.
ARTICLE 4. PRODUCTS
MIRAVIDI offers Products for sale on its Site, the essential characteristics of which are indicated on the page dedicated to each Product. The Customer is required to read these characteristics before placing the Order and is deemed to have read them once the Order has been placed.
ARTICLE 5. REGISTRATION ON THE SITE
5.1. Registration procedure
The Customer may register on the Web Site free of charge prior to or at the time of placing an Order.
The Customer can modify his personal information at any time by accessing his personal space. He is solely responsible for the information entered.
The Customer's account is strictly personal and cannot be shared, lent, transferred or rented to third parties.
5.2. Confidentiality of identifiers
The Customer accesses his account by entering his login and password, which are strictly confidential.
The Customer is solely responsible in case of loss or communication of his login and/or password to an unauthorized third party. Under no circumstances may MIRAVIDI be held liable in the event of fraudulent use of the Customer's account resulting from his negligence or carelessness.
ARTICLE 6. PLACING OF THE ORDER
6.1. Language of the Order
Orders may be placed on the Web Site in either French or English.
6.2. How to place an Order
The Customer shall follow the following steps to place an Order:
Access the Site;
Log in or continue as a guest;
Fill in the Order form;
Check the elements of the Order, correcting them;
Choose a delivery method;
Proceed with payment of the all-inclusive Price.
MIRAVIDI acknowledges receipt of the Order by sending a confirmation e-mail to the e-mail address provided by the Customer when placing the Order.
In the event of prolonged inactivity during the connection, the selection of Products chosen by the Customer remains and is archived in the shopping cart, which the Customer may retrieve at any time.
6.3 Unavailability of a Product
Products that are unavailable at the time of the Order shall be indicated to the Customer by the following words: "There are not enough products in stock".
If a Product is unavailable after the Order has been validated, MIRAVIDI shall inform the Customer immediately by e-mail to the address provided at the time the Order was placed. If the Order consists of several Products, the price of the unavailable Product will be reimbursed to the Customer within seven (7) days and the remainder of the Order will remain firm and definitive. If the Order consists solely of the unavailable Product, MIRAVIDI shall cancel the Order and refund the Price, including all of the Products, to the Customer within seven (7) days.
MIRAVIDI shall not be liable for any compensation for the cancellation of the Order and shall not be held liable if a Product is unavailable.
ARTICLE 7. PRICES AND TERMS OF PAYMENT
The Price applicable to the Order shall be the one in effect at the time the Order is validated by the Customer.
Prices are expressed in euros and are inclusive of all taxes. The VAT rate applicable is that in force on the date of the Order.
The Total Price means the total amount of the Products covered by the Order.
All-inclusive Price means the total Price plus Shipping Costs, which include packaging, handling and delivery costs of the Order.
When a Product is subject to a price reduction, MIRAVIDI undertakes to indicate the lowest price of the Product on which the said price reduction has been applied over the last thirty (30) days.
7.2. Means of payment
Payment of the All-Inclusive Price must be made by one of the following means:
credit card via a secure connection ;
bank transfer, indicating the details of the Order
cheque by sending it to: MIRAVIDI 16, rue Saint Paul - 75004 Paris
7.3. Methods of payment
The Customer shall pay the all-inclusive price after having provided all the information required to place the Order and after having chosen one of the proposed delivery methods.
The Customer accepts the general terms and conditions and validates the Order, which necessarily and compulsorily gives access to the payment of the related inclusive Price, in consideration of the Products ordered by the Customer.
The full price is due and payable in full in a single instalment at the time the Sales Order is validated by the Customer using the means of payment indicated herein.
If the Customer is unable to pay the full price, the Order shall not be validated.
ARTICLE 8. DELIVERY
8.1. Methods of delivery
The Products are deliverable in the geographical zones proposed by the carriers.
The Customer can choose one of the following delivery methods:
free pick-up in store (Antibes and Paris);
point of withdrawal or pickup relay;,only in France and in certain expressly defined countries;
The amount of the shipping costs varies according to the delivery method and the destination country of the Order. The applicable shipping costs are indicated to the Customer at the time of selection.
Customer is solely responsible for any failure to deliver due to an incorrect or incomplete address. In this case, if the Order is returned to MIRAVIDI, the new shipment to the Customer's address will be made exclusively at the Customer's expense.
8.2. Delivery tracking
The Customer may track the progress of the Delivery at any time by referring to his personal space.
8.3. Delivery times and delays
The delivery time is indicated on the Site and varies according to the availability of the Product(s), subject of the Order, as well as the delivery method and the destination country chosen by the Customer.
In any event, MIRAVIDI undertakes to deliver the Order to the Customer without undue delay and no later than thirty (30) days from confirmation of the Order, except in the event of force majeure or events attributable to the carrier responsible for the Delivery.
If the agreed delivery date is not met or, failing that, not later than thirty (30) days after the conclusion of the contract, the Customer must, before rescinding the contract, instruct MIRAVIDI by registered mail with acknowledgement of receipt or in writing on any durable medium to deliver the Order within a reasonable time. If MIRAVIDI fails to deliver the Order within this period, the Customer may terminate the contract under the terms of Articles L. 216-1 et seq. of the Consumer Code in the same manner.
The contract shall be considered terminated upon receipt by MIRAVIDI of the letter or writing informing it of such termination, unless MIRAVIDI has performed in the meantime.
Under the aforementioned conditions, cancellation of the Order shall give rise to reimbursement of the Price paid by the Customer, all inclusive, no later than seven fourteen (14) days from the date of cancellation. Translated with www.DeepL.com/Translator (free version)
8.4. Time of Delivery
If the Customer is not present at the time of delivery, the delivery person shall leave a notice of delivery, depending on the transport method, indicating the place and time for collecting the Order.
Upon receipt of the Order, the Customer shall check the condition of the packaging. If the packaging is damaged, torn or open at the time of delivery, the Customer must ensure that the Products ordered have not been damaged.
If this is the case, the Customer may refuse the package and note any reservations on the delivery slip accompanied by his signature. He can also accept the package by making reservations. The Customer must then confirm the reservations made by registered mail to the carrier within three (3) days following the date of delivery.
8.5. Transfer of risks
If the Customer is a consumer or a non-professional, the risks associated with the Product delivery operation are borne exclusively by MIRAVIDI. After Delivery, the Customer assumes the risks of transporting the Products.
8.6. Transfer of ownership
Ownership of the Products is not transferred to the Customer until full payment of the Price, all inclusive. In this sense, it is extended between the parties that any sale of a Product is carried out with a clause of reserve of property.
ARTICLE 9. CANCELLATION OF THE ORDER
The Customer may cancel the Order in the event of delivery beyond the deadline or, failing that, within thirty (30) days following validation of the Order, in accordance with the terms and conditions specified herein.
MIRAVIDI may cancel the Order, in whole or in part, in the event of the unavailability of a Product that is the subject of the Order, in accordance with the terms and conditions set forth herein.
Cancellation shall be automatic and without any legal formalities.
ARTICLE 10. RIGHT OF WITHDRAWAL OF THE CONSUMER CUSTOMER
The professional Customer, understood as the natural or legal person who acts for purposes that fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity, and who does not meet the conditions set out in Article L. 221-3 of the Consumer Code, has no right of withdrawal.
The non-professional Customer, understood as a legal entity that does not act for professional purposes, has no right of withdrawal.
Any natural person Customer who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity is a consumer and benefits, in accordance with Article L. 221-18 of the Consumer Code, from a right of withdrawal.
In this regard, the consumer Customer has a period of fourteen (14) days from the day following receipt of the Product(s) ordered to withdraw from MIRAVIDI, without having to give any reason or pay any penalty.
The consumer Customer shall communicate his intention to withdraw to MIRAVIDI by completing the withdrawal form below and sending it to the following address: firstname.lastname@example.org. The consumer Customer may also send a written request for withdrawal to the above address, which must be unambiguous.
For the attention of XXX, [give postal and e-mail address of XXX]
I hereby notify my withdrawal from the contract for the sale of Product(s)
Order n° (...).
Order placed on (...) and received on (...).
Name of the consumer customer: (...).
Customer's address (...).
Date : (...)
MIRAVIDI shall reimburse the consumer Customer, by the same means of payment as that used for the purchase, for the amounts paid without undue delay and no later than fourteen (14) days from receipt of the Products. The refund includes the total Price as well as the standard delivery charges proposed by MIRAVIDI, even if the Customer has selected a more expensive delivery method.
Products returned damaged or spoiled will be subject to a reduction in the amount refunded by MIRAVIDI.
The cost of returning the Products to MIRAVIDI shall be borne exclusively by the Customer.
ARTICLE 11. LEGAL GUARANTEES
11.1 Guarantees for hidden defects
In accordance with Article 1643 of the Civil Code, which states that "He is liable for hidden defects, even if he did not know about them, unless, in this case, he stipulated that he would not be obliged to provide any guarantee", MIRAVIDI is not liable for hidden defects in the Products that it did not know about.
11.2 Warranty of conformity for consumer and non-professional customers
MIRAVIDI guarantees the consumer Customer that the Products conform to the contract and to what the Customer may legitimately expect from a product of the same type, in accordance with the provisions of articles L. 217-4 et seq. of the Consumer Code.
On the one hand, the Product must be in conformity with the contract, i.e. :
correspond to the description, the category, the quantity, the quality of the characteristics provided for in the contract ;
be suitable for the special use sought by the consumer Customer and that he would have brought to MIRAVIDI's attention no later than at the time of conclusion of the contract, and that MIRAVIDI would have accepted;
delivered with all accessories and installation instructions to be provided in accordance with the contract.
In addition, the Product must conform to a Product of the same type, i.e. :
be fit for the purpose usually expected of a product of the same type;
possess the qualities that MIRAVIDI presented to the consumer customer before the contract was concluded;
be supplied with all accessories and installation instructions;
correspond to the quantity, quality and other characteristics that the Customer may legitimately expect of goods of the same type, taking into account the nature of the goods and the public statements made by the seller, by any person upstream in the chain of transactions or by a person acting on their behalf, including in advertising or on labelling.
The consumer Customer has a period of two (2) years from the delivery of the ordered Products to exercise this warranty, by contacting the Customer Service.
Defects of conformity that appear within this period are presumed to exist at the time of Delivery, unless proven otherwise. It is up to the consumer Customer to demonstrate the non-conformity.
Translated with www.DeepL.com/Translator (free version)
ARTICLE 12. RESPONSIBILITY
MIRAVIDI and the Customer are responsible for the proper performance of the General Conditions in accordance with the rules of common law.
MIRAVIDI shall not be liable for the non-performance or improper performance of the General Conditions due either to the Customer or to the unforeseeable act of a third party, or in the event of force majeure, which is defined in article 9.3 of these General Conditions. MIRAVIDI cannot be held liable for events that do not fall within the scope of its obligations.
12.2. Internet site
The https://www.miravidi.fr/fr/ Site is accessible seven (7) days a week, 24 hours a day, unless an event having the characteristics of force majeure, in accordance with the provisions of article 1218 of the Civil Code, is applicable or for maintenance periods, which are at MIRAVIDI's discretion.
For the proper management of the Site, MIRAVIDI reserves the right to suspend, interrupt or limit access to all or part of the Site during maintenance or update periods, for which it cannot be held liable.
MIRAVIDI undertakes to use all reasonable means at its disposal to remedy any technical problem that makes use of the Site impossible.
The telecommunication costs inherent in accessing the Site and the computer equipment are the sole responsibility of the Customer. The use of the computer equipment by the Customer is under his sole responsibility.
The Customer undertakes to use the Site in compliance with the General Terms and Conditions and to provide MIRAVIDI with accurate, truthful and up-to-date information.
12.3 Force majeure
In the event of a fortuitous event or force majeure, in accordance with Article 1218 of the Civil Code, that is likely to hinder or delay MIRAVIDI's performance of its obligations, the latter shall be suspended.
MIRAVIDI undertakes to notify the Customer within seven (7) days of the date of occurrence of the event.
Translated with www.DeepL.com/Translator (free version)
ARTICLE 13. CUSTOMER SERVICE
MIRAVIDI provides the Customer Service Department for exchange requests, errors in the delivery address and any other questions relating to the Order placed by the Customer.
The Client may contact Customer Service at the following address: email@example.com.
The Customer Service Department is accessible on the days and during the hours when the MIRAVIDI PARIS store is open.
ARTICLE 14. INTELLECTUAL PROPERTY
MIRAVIDI is the exclusive owner of the intellectual property rights to all of the elements that make up the Site, i.e., the visual elements, sounds, software and databases.
Any reproduction, representation, adaptation and/or modification of any element of the Site is strictly prohibited. In this regard, MIRAVIDI reserves the right to take legal action against any act of infringement, unfair competition or parasitism committed against it.
ARTICLE 15. PERSONAL DATA PROTECTION POLICY
Personal Data are collected and processed in accordance with the regulations in force in France regarding Personal Data as issued from the law n°78-17 of January 6, 1978 relating to information technology, files and freedoms, known as the "Informatique et Libertés" law and the EU Regulation 2016/679 of April 27, 2016 on data protection known as "RGPD".
15.1 Data controller
The person responsible for processing the Personal Data is MIRAVIDI as identified in Article 1 of the General Terms and Conditions.
15.2. Personal Data collected
When browsing the Site, the User may be required to enter personal data, which is collected and processed by the data controller. These data are the following:
title, surname, first name ;
date of birth ;
any information containing Personal Data filled in on the contact form.
Personal Data may also be collected when the User communicates electronically with the controller at this address: firstname.lastname@example.org or contacts the controller by telephone or by post.
The User undertakes to provide up-to-date and valid Personal Data and guarantees not to make any false statements or provide any intentionally erroneous information.
Translated with www.DeepL.com/Translator (free version)
15.3. Collection of Personal Data
MIRAVIDI, the data controller, collects Personal Data when the User:
creates a customer account;
places an order on the Site
fills out the contact form on the Site;
contacts MIRAVIDI by telephone, e-mail or post;
subscribes to the newsletter.
15.4. Purpose and legal basis for collecting personal data
The personal data collected on the Site are strictly necessary for processing the User's request.
Personal Data is collected on the basis of the contract to which the person concerned is a party or for the execution of pre-contractual measures taken at the request of the User when the User creates a customer account or places an Order on the Site.
Personal Data is collected on the basis of the User's free and informed consent, which is expressed by checking the box "Receive our newsletter. You can unsubscribe at any time on each newsletter you receive, if you wish" for the sending of the newsletter.
15.5. Recipients of Personal Data
Personal data are intended for persons duly authorized to process them within MIRAVIDI, in accordance with their responsibilities.
MIRAVIDI may be required to disclose Personal Data to authorities in order to comply with a legal, regulatory or judicial requirement or if such disclosure is necessary for an authority that has asserted its legitimate authority to obtain the information in the context of an investigation or a proceeding, either in the country or abroad.
MIRAVIDI also communicates certain Personal Data to transport service providers.
15.6. Location of Personal Data
The personal data collected are processed by MIRAVIDI, the controller, in the territory of the European Union.
15.7. How long the personal data is kept
The Personal Data is kept by MIRAVIDI for the time strictly necessary to achieve the purposes for which the data is collected and processed.
The length of time that Users' Personal Data is kept is determined by the length of the commercial relationship or the time required to process the User's request. Translated with www.DeepL.com/Translator (free version)
15.8. Security and confidentiality of Personal Data
MIRAVIDI undertakes to process the Users' Personal Data in a lawful, fair, transparent and proportionate manner and in strict compliance with the purposes pursued and announced.
The technical and organizational measures necessary for the security and confidentiality of the Personal Data are implemented and regularly updated by MIRAVIDI.
15.9. Users' rights regarding their Personal Data
In accordance with the General Data Protection Regulation, Users have the following rights with respect to their Personal Data. a. A right of access, allowing them to request from MIRAVIDI: (i) communication of their Personal Data in an accessible form; (ii) confirmation that their Personal Data are or are no longer being processed; (iii) communication of the purposes of the processing, the categories of Personal Data concerned, the recipients of the data and the period of time for which the data will be kept.
b. A right of rectification, allowing the user to obtain that the personal data collected and processed by MIRAVIDI be rectified or completed if they are found to be inaccurate or incomplete.
c. A right to erasure, allowing the user to request the erasure of his/her Personal Data as soon as possible, except for data required for the establishment, exercise or defence of legal claims.
d. A right to limit the processing of Personal Data when: (i) the accuracy of the data is challenged, so that MIRAVIDI can carry out the necessary verifications; (ii) the data is no longer being processed by MIRAVIDI but may still be necessary for the data subject to challenge, exercise or defend legal rights.
e. A right to the portability of Personal Data, implying the right to receive his/her data in a structured, commonly used and machine-readable format.
f. A right to object, allowing him/her to object to the processing of Personal Data subject to a compelling legitimate interest overriding this right.
g. A right to withdraw the consent given for the processing of Personal Data.
For the purpose of exercising his rights of access, rectification, deletion, limitation, portability, opposition and withdrawal, but also for any complaint relating to his Personal Data, the User shall address his request:
By e-mail: email@example.com
By post: MIRAVIDI - 16, rue Saint Paul 75004 Paris.
MIRAVIDI will provide a response to the User within one (1) month of receiving the request. This period may be extended by two (2) months in view of the complexity and number of requests.
The exercise of these rights is exclusively free of charge for the User.
Translated with www.DeepL.com/Translator (free version)
15.10. The possibility of referring to the CNIL
In case of persistent disagreement concerning the Personal Data, the User may refer the matter to the CNIL at the following address Commission Nationale de l'Informatique et des Libertés 3, Place de Fontenoy - TSA 80715 75334 Paris Cedex 07
ARTICLE 16. INDEPENDENCE OF CLAUSES
If one of the provisions of these General Terms and Conditions is declared null and void, this nullity shall not affect the validity of the other provisions, which shall remain in force between the parties.
ARTICLE 17. TERMS AND CONDITIONS FOR THE RESOLUTION OF DISPUTES
17.1. Complaints and search for amicable agreement
The Customer Service Department shall be competent to deal with any claims that may be made by the Customer in connection with the Order.
All complaints must be sent to the following address: firstname.lastname@example.org, quoting the Order reference. MIRAVIDI shall acknowledge receipt of the complaint and undertake to process it within fifteen (15) days.
The Customer and MIRAVIDI undertake to seek an amicable solution to any dispute that may arise between them.
17.2. Consumer Mediator
In accordance with Article L. 612-1 of the Consumer Code, the consumer Customer may use the services of a consumer mediator from the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR.
17.3. Applicable law and jurisdiction
These General Terms and Conditions and the operations derived from them are governed by French law.
Any dispute with the consumer Customer and the non-professional Customer relating to the formation, interpretation and performance of these General Terms and Conditions which has not been settled amicably shall be subject to the jurisdiction of the French courts.
Any dispute with the professional Customer relating to the formation, interpretation and performance of these Terms and Conditions which has not been amicably resolved shall be subject to the exclusive jurisdiction of the courts of Paris.