MESSIKA GROUP GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
Version of 21/01/2022
MESSIKA GROUP, a simplified joint-stock company, of a corporate stock of €1,100,000, with registered offices at 64, rue La Fayette, 75009 Paris - FRANCE, registered on the Paris Register of Trade and Companies under number 301,293,999 - telephone: +33 1 48 01 96 96, email: firstname.lastname@example.org, intra-community VAT number: FR 22 301 293 999 (hereafter ‘MESSIKA’), designs and sells items of jewelry and high jewelry under the MESSIKA brand (the ‘Brand’).
MESSIKA has established a remote sales system for a selection of items (hereafter the ‘Items’) via its website which can be accessed at the following address: www.messika.com (hereafter the ‘Website’), out of the full catalogue of all items of MESSIKA jewelry, which appears on the Website.
The Items sold on the [[WS]] are only intended to be shipped to the following locations: France, Germany, Austria, the Balearic Islands, Belgium, Spain, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Slovakia and Slovenia (hereafter the ‘Region’).
ARTICLE 1: SCOPE OF APPLICATION
These general terms of online sales (the ‘General Terms and Conditions of Sale’) apply to all sales of Items that are made on the WS by physical or moral persons acting solely as consumers (hereafter the ‘Customer(s)’).
Any purchase of Items made on the WS implies that the Customer(s) has/have fully and wholly agreed to the General Terms of Sale herein.
To this end, at the time of purchase (hereafter the ‘Order’) Customers must tick the box indicating that they acknowledge their knowledge of the [[GTS]] and have unreservedly agreed to them without this agreement in any way requiring the Customer’s handwritten signature.
Pursuant to the provisions of Article 1127-1 of the French Civil Code, anyone visiting the WS may save these GTS by saving them digitally and printing them.
Messika reserves the option to change the General Terms of Sale at any time without notice. Nevertheless, the General Terms of Sale that apply to the Order are the terms the Customer agrees to at the time the Order is placed.
ARTICLE 2: INFORMATION ON THE ARTICLES
Information and references about all the Items that may be sold via the WS are available in every MESSIKA shop located within the Region, as well as on the WS. However, it is hereby stipulated that any descriptions or information about the weight of precious materials and the number of gemstones and carats are merely provided for informational purposes and may vary slightly. With respect to jewelry, this information refers to metric 52 for rings and metric 17 for bracelets.
This information complies with current legal and regulatory requirements and, in particular, by Articles L. 111-1 and L. 111-2 of the French Consumer Code.
Despite the great care MESSIKA takes to present its articles on the Website, MESSIKA cannot guarantee that the actual appearance perfectly matches what appears on the screen. In particular, colours may vary due to the technical specifications of how a specific device renders colour. MESSIKA cannot be held liable for non-substantive errors that may occur.
MESSIKA reserves the option at any time to modify the selection of Items sold via its Website, without prejudice to any Orders placed by the Customer.
No Orders may include more than five (5) Items in a single transaction via the Website.
Only Items with an “Add to basket” button may be sold via the Website.
Customers may contact the MESSIKA advisory team by consulting the customer service department as described in the “Contact” section of the Website for all queries relating to the Items and their use, as well as any additional questions or requests for advisement.
ARTICLE 3: PERSONALISING ITEMS
Customers may be offered a personalisation service (e.g. engraving or embossing) on select Items. If a Customer wishes to have an Item personalised, they must click on the button "Add an engraving" and provide the requested information.
MESSIKA reserves the right to refuse any personalisation order that contains language which is inappropriate, illegal or disparaging to MESSIKA's brand image. The Customer is responsible for ensuring the accuracy of any information it provides for this purpose. The Customer releases MESSIKA from any liability if this information is inaccurate.
Orders for personalised Items are not eligible for cancellation and personalised Items cannot be exchanged or refunded.
ARTICLE 4: ORDERING PROCEDURES
Orders placed on the Website are subject to strict compliance with the procedures stated below.
4.1 Selecting Items
The Customer selects the Items and quantities they wish to purchase from the Items available for sale on the Website.
The Customer may add each selected Item to their basket by clicking on the ‘Add to basket’ button on that Item's product page. For rings and bracelets, Customers select the desired size prior to clicking ‘Add to basket’. The basket does not constitute an Order in itself that MESSIKA is liable to honour.
Once the Customer has completed the selection of Items they wish to purchase, they must confirm the contents of the basket and place the Order. Pages are subsequently posted summarising a list of desired Items, their prices and shipping terms, and the Customer must choose a payment method.
4.2 Customer Details
A customer account must be created to place any Orders on the Website.
If the Customer already has an account on the Website, they must log in using an email and password.
If the Customer does not have an account, they will be asked to create one by accurately entering their name and contact details, and a valid email address and password. Once the Customer has registered an account on the Website, they will receive an email allowing them to access this account.
Customer usernames and passwords are strictly personal. Therefore, all Customers undertakes to carefully safeguard this information and not share it with others.
Customers agree to inform MESSIKA if their account details are lost, stolen or used in any fraudulent manner.
Furthermore, if MESSIKA has reason to suspect that a third party has breached a Customer account, their password and/or login name, MESSIKA reserves the option to immediately terminate the account in question and inform the Customer of the matter by email or telephone.
If any of the information provided by the Customer to create the account has changed, the Customer must update it on the Website.
MESSIKA may at any time modify the information required to place a new Order or to create and register a customer account. These modifications shall be posted on the Website.
4.3 Customer Confirmation of Orders
Customers must first confirm all Orders.
Prior to the final confirmation of an Order, the Customer has the option to verify the details of their Order, namely the total price and the shipping method, and to make any corrections before confirming it to state their agreement.
Please be aware that payment is required for all Orders. Final confirmation for an Order is done by clicking the ‘Proceed to payment’ button.
4.4 MESSIKA Confirmation of Orders
Once the Customer has confirmed their Order, MESSIKA immediately sends the Customer an email confirming receipt.
MESSIKA will only email the Customer an Order Confirmation message once payment is confirmed and duly submitted by the Customer. This Order Confirmation email contains the Order number, the total amount of the Order, information pertaining to the shipping cost and time, the basic features, quantity and price of the Items purchased, the GTS herein, and the invoice for the purchase.
Only the Order Confirmation under the terms cited above indicates that MESSIKA has accepted the Order, and thereby implies that there is a legally binding sales contract between MESSIKA and the Customer.
It is agreed between MESSIKA and the Customer that electronic messages are legally valid between the parties, as are the automated recording systems used on the WS, notably in terms of the type and date of an Order.
MESSIKA advises the Customer to keep a printed or digital copy of the Order Confirmation.
The Customer is hereby informed that MESSIKA sends Order Confirmation emails to the email address provided by the Customer. In the event these emails are not received, we recommend the Customers verify they have not been delivered to a spam folder. Moreover, MESSIKA is released from liability if an error is made when entering the email address or the message confirming the Order is not been received. Should this occur, the sale is deemed final, unless MESSIKA has cancelled the Order, namely due to Items being unavailable, a default of payment or suspicion of fraud. Nevertheless, Customers may exercise their right of withdrawal as stipulated in Article 10 of the GTS.
In application of Article L213-1 of the Consumer Code, for Orders worth one-hundred twenty (120) euros or more, MESSIKA retains the information about any Orders for a period of ten (10) years from the Order Confirmation. MESSIKA shall provide this information to the Customer upon request by email to customer service at email@example.com along with a legally valid document as evidence of identification.
4.5 Item Availability
The Items that MESSIKA posts for sale are those that appear on the WS on the day the Customer visits the WS, and they are subject to availability of inventory. MESSIKA reserves the right to remove Items from sale at any time. In all cases, and if all or some of the Items are unavailable after an Order is placed, the Customer shall be informed by email as soon as possible that the Items are not available and that all or part of their Order has been cancelled.
If an entire Order is cancelled, the MESSIKA customer service department shall contact the Customer to inform them of the cancellation and then issue a refund for the total price of the Order, which shall occur as quickly as possible and no later than fourteen (14) days after the Order is cancelled.
If an Order is partially cancelled:
- The Order will be confirmed and the bank account will be debited for the entire amount of the Order.
- The available Items will be shipped to the Customer. MESSIKA customer service will contact the Customer to inform them of the unavailable Items and issue a refund, which will occur as quickly as possible and no later than fourteen (14) day after the available Items are shipped.
4.6 Order Refusals
Please note that purchases made on the WS are reserved for retail consumers for their personal use or as a gift. Pursuant to Article L121-11 of the Consumer Code, MESSIKA reserves the right to refuse or cancel any irregular Order that exceeds the authorised number of five (5) Items per Order.
Lastly, MESSIKA reserves the right to suspend or cancel any processing of an Order and/or shipment regardless of the type or phase of the processing in the event of a payment default or partial payment of any amount that may be owed by the Customer, if there is a payment issue or in the event of fraud or an attempt to commit fraud pertaining to the use of the site, including in terms of past Orders.
ARTICLE 5: PRICES OF ITEMS
The prices of Items indicated on the WS are expressed in euros and are meant to include all taxes.
Unless expressly stated otherwise when the Order is placed on the WS, these prices do not include shipping costs, which are added to the price of the Items purchased. Shipping costs are indicated prior to the Customer confirming the Order. All of the shipping methods are provided hereafter in the GTS as well as on the WS. MESSIKA may modify them at any time. MESSIKA also advises all Customers to check the GTS on the WS regularly. The retail price for the Items on the WS are the prices in force at the time the Customer places an Order. MESSIKA may modify the retail prices for Items and shipping costs at any time. Customers will be notified of these changes before placing any Order.
MESSIKA performs a routine verification to ensure the prices posted are correct, but some prices may contain an error. The Customer shall be informed as soon as possible if MESSIKA notices a pricing error in an Order. MESSIKA reserves the option to cancel an Order for an Item with an incorrect price. If payment has already been received for the Order, the Customer shall immediately be refunded for the amount paid and, if applicable, it must be returned to MESSIKA if the Order has been delivered.
Payment must be made for all Orders when the Order is placed. The rules set forth in Article 5.5 of these GTS shall apply if some of the Items ordered are unavailable.
In the Order Confirmation email, the Customer is provided written confirmation of the price paid for each Item stating the price for the Items and shipping costs, where applicable, that they have been charged.
Please note that VAT varies by the country to which the Items are shipped.
The actual VAT associated with the Customer's Order will be calculated when the Order is due to be shipped. Modifications that are made to laws in force between the date the Order is placed and the date the Order Confirmation email is received may cause the sales tax for the Customer's Order to change. If this results an increase of the tax owed on the Customer's purchase, MESSIKA will contact the Customer to request that they reconfirm their Order.
ARTICLE 6: PAYMENT TERMS AND CONDITIONS
6.1. Authorized methods of payment
Payment for purchases Customers make on the WS may be made:
- By bank card (accepted: CB network cards, Visa, Eurocard/Mastercard, American Express, Payconiq by Bancontact for Belgium only). Only international bank cards will be accepted from banks based outside of France.
In this case, the Customer’s card is debited for all Orders once the Order is shipped.
When placing an Order on the WS, Customers must choose one of the payment method proposed (Bank card, Paypal, American Express, Apple Pay) and provide their payment details in the proper form.
The Customer declares to MESSIKA that they are the holder of the card used to pay for the Order and that the first name and surname printed on the card to be charged are indeed their own. Then, in a secure online space, the Customer enters the number and expiration date on the front of the card and the card security number on the back (or front) of their bank card.
In order to process the Customer's Order, MESSIKA may perform a pre-authorisation of their payment card. The purchase amount will be held on the card until the Order is shipped to the shipping address provide to MM. You will then receive an Order Confirmation and your payment card is charged for the applicable purchase price. By placing an Order on the WS, the Customer expressly authorizes MESSIKA to perform a pre-authorization of their payment card and, if MESSIKA sees a need, to forward or obtain information (including updated information) about it to or from third parties, which includes but is not limited to their bank card number, soely for the purpose of authenticating their identity, approving their payment card, obtaining preliminary authorization for the payment card, and authorizing individual purchase transactions.
Verification of the payment card used by the Customer is conducted online with qualified banking institutions and organizations, and queried via the BNP system. For this purpose, this company located in France will store and perform a secure automated processing of the information for each Order, including bank card details.
In addition, in an effort to fight online fraud, MESSIKA applies a process to assess risks and prevent payment fraud for purchases made on the WS. MESSIKA also uses BNP's system for this assessment. The data collected for this verification are solely intended for authorized anti-fraud personnel at MM.
In the event that, for any reason whatsoever, it proves impossible to charge the amount owed by the Customer (e.g. conflict or refusal of the issuing center), the Order will be cancelled immediately.
Payment for purchases Customers make on the WS may also be made via Payconiq by Bancontact for Belgium only.
6.2. Pay in instalments solution
For all orders placed on the website, MESSIKA accepts payment for the entire order in two (2) three (3) or four (4) interest-free instalments by bank card, only for purchases between six hundred euros (€ 600) and five thousand euros (€ 5000) with Alma.
Pay in instalments with Alma
Payment in instalments/deferred payment is available with our partner Alma. The security of the payments is guaranteed by Alma and its providers. All payments are protected by 3D Secure.
- 2 payments: Only purchases between €600 and €5,000 are eligible for payments with Alma.
- 3 payments: Only purchases between €600 and €5,000 are eligible for payments with Alma.
- 4 payments: Only purchases between €600 and €5,000 are eligible for payments with Alma.
The Customer does not pay any fees when paying in instalments with Alma.
Alma is an electronic payment manager and provides an electronic certificate that serves as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the Civil Code.
Any cancellation of the General Terms & Conditions that bind the seller and the customer, results in the termination of the General Terms & Conditions between Alma and the customer.
ARTICLE 7: COMPLIANCE WITH REGULATORY AND CONVENTIONAL STANDARDS
GOLD: MESSIKA products are made from 750 gold.
DIAMONDS: MESSIKA only buys diamonds from legitimate conflict-free sources in compliance with United Nations resolutions. Based on its knowledge and/or written guarantees from the suppliers of these diamonds, MESSIKA hereby guarantees that the diamonds were not sourced in conflict zones.
ARTICLE 8: SHIPPING AND RECEIVING
8.1 General Procedure
Shipping signifies transferring the Items into the Customer's physical possession.
The shipment of Items that Customers order in compliance with the GTS herein may only be made within the Region.
It is understood that no shipments can be made outside of the Region.
Items are shipped to the address provided by the Customer as the shipping address at the time of placing the Order in question (‘Shipping address’).
It is understood that no shipment can be made to hotels, forwarding agencies, campuses, distribution points or post office boxes. Items may only be shipped once payment for the total amount of the Order is received by MM.
No shipments will be made by MESSIKA if the entire amount cannot be charged.
Information on shipping methods is provided on the basket confirmation page of the Website as well as on the Order summary page prior to paying for the Order. Shipping costs are added to the total price of the Order and the Customer is informed of them before confirming their Order.
It is understood that no shipment can be made to hotels, forwarding agencies, campuses, distribution points or post office boxes.
In compliance with the Consumer Code, the shipment of Items will be completed within the time period indicated by MESSIKA at the time of the Order and, if a shipping time is not provided, in all cases no later than thirty (30) days as of the Order, subject to the Customer making full payment of the price.
8.2 Shipping Methods
MM's carrier ships and tracks the Items ordered by the Customer to the shipping address that the Customer entered when placing the Order. Each Order is assigned a tracking number. Customers may log into their account on the Website to access a link to track the location of their parcel on the carrier's website.
- Delivery by Carrier
Items are delivered between an estimated two (2) and seven (7) days (click on this link to consult a table of estimated times by country: Messika Services) after the Order is shipped. Customers will receive an Order Shipment Notice by email.
Applicable shipment costs are stated on the WS at the time the Order is placed and depend on the destination country selected by the Customer. Customers are not billed for shipping costs on Orders over 1,000 euros.
Delays that are out of our control may occur, however, for one of the following reasons:
- Engraving one of the items
- Unforeseen circumstances
- Delivery zone
- Traffic disruption
Depending on the case, if the Customer's desired date and/or time slot is not honoured for any reason whatsoever, MESSIKA shall inform them and ask whether they still prefer to purchase the Item(s) and change the delivery date or time slot, or to cancel the Order for a full refund.
No deliveries are made on Saturday, Sunday or bank holidays.
Applicable shipping costs are stated on the WS at the time the Order is placed and depend on the destination zone selected by the Customer.
In order for the shipping times to be honoured, Customers must ensure they have provided a complete and accurate shipping address, namely street number, building, stairway, access code, intercom number, etc.
Applicable shipment costs are stated on the WS at the time the Order is placed and depend on the destination country selected by the Customer. Customers are not billed for shipping costs on Orders over 1,000 (one thousand) euros.
If the Customer is absent at the time of delivery, MESSIKA will issue a re-delivery request. If the Customer is also absent at the time of this second delivery attempt, the parcel will be returned to the MESSIKA head offices, resulting in the Order being cancelled.
The onus of risk is on MESSIKA for the products until they are delivered to the Customer, at which point the Customer is responsible once delivery has been made to the shipping address provided by the Customer.
8.3 Defects and Product or Parcel Damage
In an effort to prevent any disputes, MESSIKA recommends that the Customer verifies the condition of the Items upon delivery and, insofar as possible, handwrites any defects they observe on the delivery slip and signs it (parcel arrived opened, product is damaged, etc.).
If the purchased Items are not is proper condition or the Customer is unsatisfied, the Customer can return them or request an exchange or refund as per the terms stipulated for each option in Articles 8 and 9 of these GTS.
ARTICLE 9: THE RIGHT TO CANCEL OR RETURN ITEMS
Pursuant to the provisions in Article L. 221-18 of the Consumer Code, Customers have a right of cancellation.
As such, Customer may exercise their right of cancellation without providing a reason for up to 14 (fourteen) days after the Item in question has been received. If a Customer's Order contains more than one Item or Items were delivered separately, the cancellation period does not begin before the Customer, or a third party they name (other than the carrier), takes physical possession of the last Item or the last delivery.
In compliance with Article L.221-28 of the Consumer Code, the right of cancellation does not apply to Orders that entail:
- The provision of goods that are made to the Customer’s specifications or are clearly personalised (see Article 4 herein)
- The provision of goods that the Customer has opened after delivery and that cannot be returned for reasons relating to hygiene or health prevention
Customers may indicate their decision to cancel by using the cancellation form on the bottom of these GTS and include it in their parcel, or any other clearly worded statement. This request must be emailed to the customer service department at firstname.lastname@example.org.
The Customer will immediately receive an email confirming receipt of their request.
MESSIKA customer service or its carrier will then contact the Customer to arrange to pick up the parcel containing the Item(s) the Customer wishes to return. The parcel received by the Customer contains a return slip.
Refunds are issued within fourteen (14) days from the Customer's cancellation notice or within two (2) business days from when MESSIKA receives the returned Items.
Depending on the payment method, a refund for the amount paid for the returned Item(s), including shipping costs, shall be issued to the Customer's bank card that was used at the time of payment or via PayPal.
Return shipping is free.
If MESSIKA does not refund the entire amount paid by the Customer under the terms set forth above, by law this amount will be increased by ten percent (10%) if the refund takes no more than thirty (30) days after this period, twenty percent (20%) for 60 days and fifty percent (50%) after that.
In addition, if the Item was a gift, cancellation remains the exclusive right of the Customer and cannot be exercised by the recipient of the gift.
In all events, the Customer must return the Items delivered in their original packaging, including any boxes, certificate of authenticity, accessories, packaging materials, labels, booklets, etc. and be accompanied by the duly completed return slip and a copy of the invoice. Items that are returned incomplete, broken, damaged, worn down, soiled or in any condition that would reasonably indicate they have been used or worn will not be refunded or exchanged, and will be sent back.
ARTICLE 10: EXCHANGES
In addition to the right of cancellation cited above, MESSIKA would like to offer its Customers the option to exchange Items that are delivered in the conditions described hereafter.
MESSIKA allows its Customers to exchange Items within thirty (30) days after the date of delivery, excluding special orders.
The Customer may only make requests pertaining to the size of the Item or the colour of the gold for the Item ordered. Exchanges cannot be made for a different Item.
Send your request for an exchange to the MESSIKA customer service department email@example.com or visit the "Contact" section on the bottom of the WS.
Return shipping is free.
MESSIKA customer service or its carrier will then contact the Customer to arrange to pick up the parcel containing the Item(s) the Customer wishes to return.
The Item must be new, unused (not worn or engraved), and in its original undamaged packaging.
When an Item is returned, MM’s quality department inspects and assesses if the returned Item is in perfect condition.
In addition, the returned Item must be accompanied by the invoice and certificate of authenticity that were provided at the time of purchase.
Once these terms of return are met, MESSIKA will issue the exchange in a timely manner. MESSIKA does not issue refunds for returned Items.
Items that are returned incomplete, broken, damaged, worn down, soiled, without a safety label or in any condition that would reasonably indicate they have been used or worn will not be eligible for exchange and will be shipped back to the Customer.
In the particular case of gifts, the recipient of a gift may use the exchange option, with the stipulation that when remote exchanges are made via the MESSIKA customer service department, no refunds can be issued to the gift recipient if there is a difference in price.
Within the scope of this exchange sales policy, MESSIKA reserves the option to deny an exchange after two (2) repeated requests.
Moreover, any shipping costs paid by the Customer will not be refunded.
ARTICLE 11: COMPLIANCE – WARRANTY – AFTER-SALES SERVICE
All of the Items for sale on the WS come with a legal compliance warranty (as defined in Articles L217-4 and following of the Consumer Code) and a hidden defects warranty (as defined in Articles 1641 and following of the Civil Code), which allow Customers to send back defective or non-compliant Items at no cost.
11.1 Legal Warranty
11.1.1 Legal Compliance Warranty
The Consumer Code stipulates as follows for legal compliance warranties: Article L217-4: "The seller is required to deliver a product that conforms to the contract and shall be liable for any defects existing on delivery. It shall also be liable for any defects caused as a result of the packaging, assembly instructions or installation instructions if the seller is contractually required to install the product or if the product is installed under its responsibility. "
Article L211-5: "In order to comply with the contract, the product must:
1) Be fit for use in the manner usually expected of a similar product and, where applicable:
- Correspond to the description given by the seller and have the qualities described by the seller to the buyer in the form of a sample or model;
- Have the qualities which a buyer can legitimately expect in view of the public statements made by the seller, the producer or its representative, particularly in an advert or on the label;
2) Or have the characteristics jointly defined by the parties or be fit for any specific use sought by the buyer, which is brought to the seller’s attention and accepted by the latter. "
Article L211-12: Legal action concerning a product defect must be taken within two years of delivery of the product.
11.1.2 Warranty on Hidden Defects
The French Civil Code stipulates as follows for hidden defect warranties:
Article 1641 of the Civil Code: "The seller is required to provide a warranty against any hidden defects affecting the item sold which render the item unfit for the purpose for which it is intended, which impair such use to such an extent that the buyer would not have purchased the item or would have paid less for the item had they been aware of the defects."
Article 1648 of the Civil Code: "Legal action resulting from hidden defects must be taken by the buyer within two years of discovery of the defect. In the event cited in Article 1642-1, the action must be initiated, under penalty of disbarment, within the year following the date on which the seller may be released from any visible compliance flaws or defects. "
With regard to the legal warranty on hidden defects and depending on the option the Customer chooses, after assessing the defect MESSIKA undertakes to either:
- Refund the Customer for the full price of the returned Item, or
- Refund the Customer for part of the price of the Item if the Customer decides to keep the Item.
11.1.3 Warranty Exclusions
Items that the Customer has modified, repaired, integrated or added are not covered by the warranty. The warranty does not apply to visible defects. The warranty does not cover Items that are damaged due to transit or improper use.
11.2 Procedure for Applying Legal Warranties
When Customers invoke the legal compliance warranty, they:
- have a period of two years starting from the date of delivery of the article in which to act;
- May opt for the Item to be repaired or replaced subject to the expense terms on cost set forth in Article L. 217-9 of the Consumer Code
- Are exempt from providing proof that the Item contains a compliance flaw
The legal compliance warranty is separate from any sales warranty that MESSIKA may grant.
Lastly, the Customer may choose to apply the hidden defects warranty for sold items as defined in Article 1641 of the Civil Code. In this event, they may opt to either annul the sale or accept a price reduction in compliance with Article 1644 of the Civil Code.
These provisions are not exclusive of the right of cancellation stipulated above in Article 10.
11.3 Outcome of Applying Warranties
With regard to the legal compliance warranty, MESSIKA undertakes to offer the Customer one of the following:
- An identical replacement of the Item, depending on available inventory
- A refund for the price of the Item if it is impossible to replace
With regard to the legal warranty on hidden defects and depending on the option the Customer chooses, after assessing the defect MESSIKA undertakes to either:
- Refund the Customer for the full price of the returned Item, or
- Refund the Customer for part of the price of the Item if the Customer decides to keep the Item.
ARTICLE 12: CLAIMS AND INFORMATION
For any information, claims or questions pertaining to the General Terms of Sale that MESSIKA has instituted or individual articles, Customer must contact the MESSIKA customer service department via the Contact form on the Website and include, if applicable, the Order number.
ARTICLE 13: PERSONAL DATA PROTECTION
MESSIKA collects personal data from Customers and, when required, data on the recipient of the Order.
The name-based data requested from the Customer is compulsory for, primarily, processing their Orders and issuing invoices.
These data may be shared with any partners that MESSIKA commissions to oversee the execution, processing, management and payment of Orders.
The processing of the information provided via the Website meets the legal requirements on personal data protection and the information system utilised for this purpose ensures optimal protection of these data.
For more information about MESSIKA's personal data protection policy and your rights, please read our policy on "personal data and cookies".
ARTICLE 14: RETENTION OF OWNERSHIP
MESSIKA retains full and lawful ownership of the Items sold up to when full payment is received, which includes the retail price, fees, taxes and compulsory contributions.
ARTICLE 15: INTELLECTUAL PROPERTY RIGHTS
The brand "MESSIKA” and all graphic or non-graphic trademarks, and more generally any other marks, illustrations, images and logos that appear on MESSIKA Items, their accessories or their packaging, whether or not they are trademarked, are and shall remain the sole property of MESSIKA. Any full or partial reproduction, modification or use of these marks, illustrations, images and logos for any purpose whatsoever and on any media whatsoever is strictly prohibited without MESSIKA's prior written consent. This equally applies to any combining or merging with any other marks, symbols or logo, and more generally any distinctive sign used to create a composite logo. This also holds true for all copyrights, designs and models, and patents owned by MESSIKA.
The full or partial use of the Website, namely by means of downloading, reproducing, transmitting or representing for other than personal, private and non-commercial purposes is strictly forbidden. Any violation of these provisions is subject to the penalties set forth in both the Intellectual Property Code namely with respect to copyright infringement (Article L.335-1 and following) and trademark law (Article L.716-1 and following) and the Civil Code with respect to civil liability (Articles 1382 and following).
No hyperlinks directing users to any of the pages or parts of the Website may be created without the prior written authorisation of MESSIKA. Authorisation may be revoked at any time. Websites that contain a hyperlink directing to the Website or to which the Website may direct are not under MESSIKA's control. Therefore, MESSIKA declines any liability (e.g. editorial) relating to the access and content of these websites.
ARTICLE 16: SIGNATURE AND PROOF
MESSIKA endeavours to protect its Customers’ personal data by ensuring a high level of security. But Customers also assume a role in protecting their own personal data. In particular, Customers should safeguard the security of their online transactions, for example by not sharing their username with anyone (the Customer’s email address) and/or password, and by changing their password on a regular basis. In this vein, MESSIKA cannot be held liable for disclosing information about the Customer to anyone who has used their username (the Customer’s email address) and/or password. As such, use of the Customer’s username (the Customer’s email address) and/or password is proof of their identity and, upon confirming an Order, shall render the corresponding amounts payable. Under no circumstances can MESSIKA be held liable for the fraudulent use of this information. Providing a bank card number and final confirmation of an Order serves as proof that said Order has been accepted, and a requirement to pay the amounts engaged by entering any items that appear on the Order. The digital logs saved on MESSIKA's and its partners’ information systems are deemed as proof of communications, Orders and payments between the Parties.
ARTICLE 17: FORCE MAJEURE
MESSIKA’s execution of all or part of its obligations shall be suspended in the event of a force majeure as defined in Article 1218 of the Civil Code that disrupts or delays the execution thereof.
MESSIKA shall inform the Customer of such an act of God or force majeure within eight (8) days of it occurring. The occurrence of this type of event suspends the execution of these General Terms of Sale.
ARTICLE 18: LIABILITY
18.1 MESSIKA cannot be held liable for any direct or indirect damages that may result from the use of the Website, which includes inaccessibility, data losses, damage, destruction or viruses that may affect the user’s computer device and/or the presence of a virus on the Website.
18.2 MESSIKA guarantees neither the legality nor the accessibility of the Website content for all countries.
ARTICLE 19: LANGUAGE
The Website and the General Terms of Sale are available in four languages: French, English, German and Spanish. However, if a discrepancy arises between the versions, the French version takes precedent. Only the French version of the General Terms of Sale is valid among the Parties.
ARTICLE 20: LEGAL DISPUTES AND ENFORCEABLE LAW
These General Terms of Sale are written and interpreted in compliance with French law. If there is any opposition as to their application and/or interpretation, the Customer may opt to refer the matter for binding mediation proceedings or any other alternative conflict resolution procedure. Any what is known as ‘consumer’ conflict or dispute may be settled amicably by mediation before the CMAP (Mediation and Arbitration Center of Paris). To refer a matter to a mediator, Customers may (i) complete the form on the CMAP website: https://www.cmap.fr/?lang=en (English version) in the section “A Consumer” (ii) post an unregistered or registered letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to firstname.lastname@example.org. For all methods of contacting CMAP, timely processing requires that the Customer’s request contains the following information: postal address, email address and telephone number, MESSIKA’s full name and address, a brief outline of the events, and proof that the matter has already been addressed to MESSIKA.
It is entirely up to the Customer whether to agree to or refuse mediation proceedings and, if mediation is chosen as a remedy, both parties are free to agree to or refuse the mediator's decision.
If an amicable solution cannot be found or mediation proceedings are not chosen, any disputes that may arise as to the General Terms of Sale shall be referred to the competent court where the Customer is domiciled.
The failure of one Party to take action against the other Party for breach of any of its obligations cited in these General Terms of Sale shall not be construed as a waiver of that obligation in the future.
(Please complete and return this form only if you wish to withdraw an order).
FAO MESSIKA’s customer service department at the following email address: email@example.com
- I/We [*] hereby notify [*] you of my/our [*] withdrawal of the order relating to the sale of the goods [*]/provision of the service [*] described below
- Goods ___[reference]_____________
- Ordered on [*]/received on [*]: ______________
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is notified on paper)
[*] Delete as appropriate.