MESSIKA GROUP GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
Version of 21/09/2018
The e‑selling system (Internet) of a selection of MESSIKA articles requires the consumer to play an active role. This is compliant with the legal requirements for online sales and consumer protection.
ARTICLE 1: SCOPE
These general e‑selling terms and conditions (the “General Terms and Conditions of Sale”) are applicable to all sales of MESSIKA articles made via the e-commerce website (the “Online Store”), accessible at the following address: www.messika.com (the “Website”), for delivery to France, Germany, Austria, the Balearics, Belgium, Spain, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Slovakia and Slovenia.
Their purpose is, first, to provide any potential buyer with information on the terms and conditions under which the seller (hereinabove and hereinafter, “MESSIKA”) moves forward with the sale and delivery of the ordered articles, and, second, to define the rights and obligations of the Parties in the sale by MESSIKA of articles to the consumer (the “Buyer”).
By ticking the relevant box, the Buyer acknowledges having read these General Terms and Conditions of Sale prior to placing the order (the “Order”) and having accepted them without restriction, where such acceptance is in no way conditional on a handwritten signature by the Buyer. If you refuse to accept these General Terms and Conditions of Sale, you may not order from the Website.
Pursuant to Article 1127-1 of the French Civil Code, these General Terms and Conditions of Sale may be retained by any individual who visits the Website, by being downloaded and saved as an electronic file and may be printed out. The full text of these General Terms and Conditions of Sale may be printed by clicking on the button below.
MESSIKA reserves the right to amend these General Terms and Conditions of Sale at any time. However, the General Terms and Conditions of Sale applicable to the Order are those accepted by the Buyer at the time of placing the Order.
ARTICLE 2: IDENTIFICATION OF THE SELLER
The articles are sold by the MESSIKA GROUP, a simplified joint stock company (société par actions simplifiée), with share capital of €1,100,000, having its registered office at 64, rue La Fayette, 75009 Paris – France, entered in the Trade and Companies Register of Paris under number 301 293 999, telephone: +33 1 48 01 96 96, email: email@example.com. Its Siret (business registration) number is 301 293 999 000 35 and its EU VAT number is FR22 301 293 999.
ARTICLE 3: INFORMATION ON THE ARTICLES
Information on all MESSIKA articles that may be sold via the Online Store is available, with their references, in all MESSIKA stores, as well as via the Website. Any description and information concerning the weight of precious materials and the number of stones and carats are provided for information purposes only and may vary slightly. For jewellery, this information refers to metric 52 for rings and metric 17 for bracelets.
This information is compliant with current legislative and regulatory requirements and, in particular, by Articles L. 111-1 and L. 111-2 of the French Consumer Code.
Despite the great care taken by MESSIKA in the presentation of its articles in the Online Store, MESSIKA cannot guarantee that the actual appearance corresponds exactly to what appears on screen. In particular, colour variations may occur due to the technical limitations of digital colour reproduction. MESSIKA cannot be held liable for non-substantive errors that may occur.
MESSIKA may at any time modify the range of articles offered for sale via its Website, based, in particular, on constraints linked to its suppliers, without prejudice to any Orders placed by the Buyer, and may limit the quantity of MESSIKA articles that may be ordered by a Buyer in a single transaction. Orders may therefore not include more than five (5) articles in a single transaction via the Website.
Only articles with an “Add to basket” button may be sold via the Online Store.
For any queries relating to the articles and their use, any additional questions or requests for advice, the Buyer may contact the MESSIKA advisory team by contacting the customer service department as described in the “Contact” section of the Website.
ARTICLE 4: CUSTOMIZATION
A personalization service (for example: engraving or hot stamping) may be offered to the Buyer on a selection of articles. If the Buyer wishes to personalize an article, the latter must click on the button "Add engraving" and provide the requested information.
MESSIKA reserves the right to refuse any order of personalized articles containing inappropriate, illegal language or comments contrary to MESSIKA brand image. It is the responsibility of the Purchaser to ensure the accuracy of any mention it will provide.
Orders for personalized items are not cancellable and items that have been personalized cannot be exchanged or refunded.
ARTICLE 5: ORDERING ARTICLES
Any Order entails acceptance of these General Terms and Conditions of Sale, the “Privacy” Policy and the “Cookies” Policy, without prejudice to any specific contractual terms and conditions agreed by and between the Parties.
5.1 Orders via the Online Store.
Orders may be placed via the Internet through the Website.
The Buyer remains responsible for telecommunications charges incurred in accessing the Internet and using the Online Store.
In the event of extended periods of inactivity during the session, any selection of articles made prior to such inactivity may no longer be guaranteed. The Buyer will then be invited to restart the selection process.
The Order is made by selecting an article that the Buyer would like to purchase and adding it to the basket by clicking on the corresponding “Add to basket” button via the product page. For rings and bracelets, the Buyer selects the desired size before clicking on “Add to basket”. This basket does not in itself amount to an order that may commit MESSIKA.
As soon as the Buyer has selected all the articles that they would like to purchase, they must confirm the content of the basket and place the order. Successive pages then summarise the details of the desired articles and their price, the terms of delivery and the payment method that the Buyer should select.
The Buyer must hold a customer account and, to that end, must provide accurate details as to their identity, contact details, and a valid email address and password. When the Buyer has registered their account via the Website, they will receive an email enabling them to access their account via the Website and to create a permanent login to their account and a password.
From time to time, MESSIKA may modify the information needed to place a new order or to register accounts. These modifications shall be published on the Website.
If the information disclosed by the Buyer via the Website changes, the Buyer shall log in to their account and update such information directly via the Website. Moreover, if MESSIKA has reasons to suspect that a third party has tampered with a Buyer’s registration, their password and/or account login, MESSIKA will immediately cancel and terminate this account and notify the Buyer of the termination by email or telephone.
Before giving final confirmation of their Order, the Buyer will have the opportunity to verify the details of their Order and its total price and to correct any potential mistakes, before then confirming acceptance. N.B.: any Order placed entails a payment obligation. In order to give final confirmation of an Order, the Buyer must click on “Proceed to checkout”.
Once the Buyer has confirmed their Order, MESSIKA will immediately confirm receipt via email.
Once the payment has been confirmed and duly made, an order confirmation (the “Order Confirmation”) shall be sent via email to the Buyer. This Order Confirmation will indicate the total Order amount, the essential characteristics, quantity and price of the purchased articles and shall include these General Terms and Conditions of Sale, in addition to the invoice corresponding to the purchase.
This Confirmation constitutes acceptance of the Buyer's Order by MESSIKA, thereby indicating the existence of a binding sales contract.
MESSIKA advises the Buyer to keep a paper or electronic copy of this Confirmation. If these emails are not received, the Buyer is advised to check whether they are in a spam folder. The Buyer should note that emails are sent to the email address provided by the Buyer. In addition, MESSIKA cannot be held liable for any error made when entering the relevant email address, or if the message confirming that the Order has been despatched is not received. In this case, the sale will be considered final, with the exception of cases in which the Order is cancelled by MESSIKA, particularly in the event of articles being unavailable, non-payment or suspected fraud. The Buyer may nevertheless exercise their right of withdrawal under the conditions set out in Article 10 of these General Terms and Conditions of Sale.
Pursuant to Article L. 213-1 of the French Consumer Code, when an order is for an amount equal to or greater than 120 Euros, MESSIKA will retain the document recording the contract concluded between MESSIKA and a Buyer electronically for a period starting from the conclusion of the contract until the date of delivery of the article and for a period of ten years from said date (in accordance with decree 2005-137 of 16 February 2005). The Buyer will then have access to this document at any time, upon request made to the customer service department by email at the following address: firstname.lastname@example.org and proof of your identity.
The articles offered for sale by MESSIKA are those featured in the Online Store, as of the date on which the Buyer consults the Online Store, and within the limits of available stock. MESSIKA reserves the right to withdraw articles from sale at any time. In any case, and in the event of the total or partial unavailability of articles after placing an Order, the Buyer shall be informed as soon as possible by email that the article is unavailable and that their Order has been fully or partially cancelled.
If the entire Order is cancelled, MESSIKA’s customer service department will contact the Buyer to inform them of the cancellation of their Order and to proceed with a refund, which will be issued as quickly as possible and at the latest within 14 days.
If part of the Order is cancelled:
- The Order will be validated and the bank account debited for the entire Order
- The available articles will be delivered to the Buyer. MESSIKA's customer service department will contact the customer to inform them about the unavailable articles and to proceed with a refund, which will be issued as quickly as possible, and at the latest within 14 days of the available articles being despatched.
5.2 Refusal of Orders
Please note that purchases made via the Website are reserved for non-professional private customers for their own personal use (or as gifts to family members), which is why MESSIKA only sells its articles in quantities that correspond to the usual average needs of one household. In accordance with Article L. 121-11 of the French Consumer Code, MESSIKA reserves the right to refuse or cancel on legitimate grounds any Order in which the number of articles or the amount to be paid (for one or more combined Orders) appears not to correspond to the usual average use of one household, any Order that might suggest that commercial activity is being carried out by the Buyer in relation to the articles ordered or, more generally, any Order that appears unusual pursuant to the case law precedent applicable to such cases. Orders may therefore not include more than five (5) articles in a single transaction via the Website.
Finally, MESSIKA reserves the right to suspend or cancel the fulfilment of any Order and/or delivery, of any kind whatsoever and at any stage in the process, in the event of non-payment or partial payment of any amount owed by the Buyer, in case of a payment incident, or in the event of fraud or attempted fraud in relation to the use of the MESSIKA Website, including in the context of previous Orders.
ARTICLE 6: PRICE OF THE ARTICLES
The price of the articles, stated in Euros, is inclusive of all taxes.
Unless otherwise specifically stated when the Order is placed via the Online Store, these prices do not include delivery costs, which are invoiced in addition to the price of the purchased articles. The delivery costs will be shown before the Order is confirmed by the Buyer. The various delivery options are set out in the General Terms and Conditions of Sale below and are also posted on the Website; they may be modified at any time by MESSIKA. MESSIKA also advises Buyers to check the General Terms and Conditions of Sale featured on the Website on a regular basis. The sale prices of the articles online on the Website are those in force at the time the Buyer places the Order. The sale prices of the articles and the delivery costs may be modified by MESSIKA at any time. The Buyer will be notified of any such modification before placing an Order.
MESSIKA carries out checks on a regular basis to ensure that the prices charged are correct. However, certain prices may be impacted by an error. If MESSIKA notes that an error has been made in relation to the price of the Order, the Buyer will be informed as soon as possible. MESSIKA reserves the right to cancel any Order relating to an article for which an error in pricing has been made. If payment has already been made for the Order, the Buyer will receive an immediate refund corresponding to the amount paid and, if applicable, if the Order has been delivered, this must be returned to MESSIKA.
All Orders must be paid for immediately at the time the Order is placed. If some of the articles ordered are unavailable, the rules set out in Article 5.1 shall apply.
Upon Order Confirmation, the Buyer will receive written confirmation of the price paid for each of the articles, giving details of the price of the articles and, where applicable, the delivery costs charged.
Please note that the amount of VAT will vary depending on the country to which the articles are being delivered.
The actual amount of VAT corresponding to the Buyer's Order will be calculated when their Order is to be despatched. If changes are made to the legislation in force between the date on which the Order is placed and the date an Order Confirmation is received, such changes may result in changes to the amount of sales tax corresponding to the Buyer’s Order. If this results in an increase in the sales tax for which the Buyer is liable, MESSIKA will contact the Buyer and ask them to re-confirm their Order.
ARTICLE 7: PAYMENT TERMS AND CONDITIONS
Payment for purchases made by the Buyer via the Website can be made:
- by debit or credit card (“CB” network, Visa, Eurocard/Mastercard and American Express cards are all accepted).
In this case, the Buyer’s bank card is debited for all Orders as soon as the Order is despatched;
When ordering via the Website, you must provide your payment details on the appropriate form.
The Buyer guarantees to MESSIKA, when placing an Order via the Internet, that they are the holder of the bank card and that the name featured on this bank card to be debited is indeed the Buyer’s, and then provides the number and the expiry date featured on the front of their bank card in addition to the 3-digit security code featured on the front (or back) of their bank card via telephone or using a secured web page.
In order to process the Buyer’s Order, MESSIKA may carry out prior authorisation of their payment card. The amount of their purchase will be blocked on their payment card until their order is despatched to the delivery address provided to MESSIKA. An Order Confirmation will then be sent to you and your payment card debited for the applicable purchase price. By submitting an offer to purchase MESSIKA articles via the Website, the Buyer expressly authorises MESSIKA to carry out prior authorisation of their payment card and, if MESSIKA deems it necessary, to transmit to a third party, or to obtain from a third party, information (including updated information) concerning said Buyer, including but not limited to their payment card number, in order to authenticate their identity, validate their payment card, obtain an initial payment card authorisation and to authorise individual purchase transactions.
For payments made via the Internet, checks will be carried out online with the relevant banking establishments and bodies, queried using the system operated by BNP. For this purpose, this company, located in France, will implement the automated storage and processing of information relating to each Order, including the bank card details, in a secured environment.
In addition, in order to combat Internet fraud, MESSIKA carries out processing in relation to risk assessment and fraud prevention for payments for purchases made via the Website, for which MESSIKA also uses the services of BNP. The data gathered is intended solely for use by those authorised individuals at MESSIKA tasked with fraud prevention.
If, for any reason whatsoever (objection, refusal by the issuer’s payment processing centre, etc.), it proves impossible to debit the amount owed by the Buyer, any purchasing process via the Internet will be immediately cancelled.
ARTICLE 8 - COMPLIANCE WITH REGULATORY AND CONVENTIONAL STANDARDS
GOLD: MESSIKA products are made of 18 carat gold.
DIAMONDS: All the diamonds purchased by MESSIKA are from legitimate sources not involved in funding conflict, in compliance with United Nations resolutions. MESSIKA hereby guarantees that these diamonds are not from conflict zones, a guarantee based on its know-how and/or written guarantees from the supplier of these diamonds.
ARTICLE 9 – DELIVERY AND RECEIPT
9.1 General provisions
Delivery means the transfer to the Buyer of the physical possession of the articles.
The articles ordered by the Buyer in accordance with these General Terms and Conditions of Sale will be delivered to the address indicated by the Buyer as the delivery address for the Order in question (“Delivery Address”).
Information concerning delivery methods may also be obtained from the basket confirmation page, as well as from the Order summary page, prior to payment. Delivery Costs are to be added to the total price of the Order and will be notified to the Buyer prior to confirmation of their Order.
No delivery will be made by MESSIKA if it proves impossible to obtain full payment of the price.
Articles may only be delivered to the Buyer’s permanent place of residence or professional address, in France, Germany, Austria, the Balearics, Belgium, Spain, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Slovakia and Slovenia. For other countries, the Buyer is invited to contact MESSIKA's customer service department.
The Buyer may also have articles delivered to an individual designated by the Buyer who has a permanent place of residence in France, Germany, Austria, the Balearics, Belgium, Spain, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Slovakia and Slovenia, for example, when purchased as a gift.
Please note that no deliveries may be made to hotels, transit agencies, campuses, outlets or PO boxes. Articles will only be delivered once payment for the Order has been recorded.
In accordance with the French Consumer Code, ordered articles will be delivered within the time limits indicated by MESSIKA and, if no information is provided, in any case no later than 30 days after the date of the Order, subject to the price having been paid in full.
Any delays in delivery will entitle the Buyer to cancel their Order under the conditions set out in Article L. 216-2 of the French Consumer Code.
9.2 Characteristics of the Website delivery options
The articles ordered by the Buyer are delivered by the MESSIKA carrier to the delivery address provided by the Buyer when placing the Order, by tracked delivery. A tracking number is allocated to each Order. By logging into their account on the website www.messika.com, the Buyer has a link which enables them to track the progress of their package via the carrier’s website.
The delivery is estimated to take between 2 and 7 days (for the estimated time limits for each country, please refer to the table by clicking on the following link: " Messika Services ") from the date of despatch of the Order, indicated by the Order despatch notice sent via email to the Buyer.
In order for the deadlines to be met, the Customer must ensure they have provided accurate and comprehensive information with regard to the delivery address (such as, in particular, street number, building number, staircase number, access codes, telephone numbers, etc.).
The applicable delivery costs are those indicated on the Website at the time the Order is placed depending on the country of delivery selected by the Buyer. The Buyer will not be invoiced for any delivery costs if the order amount is over 1,000 Euros.
If the Buyer is absent at the time of delivery, a request for re-delivery shall be accepted by MESSIKA. If the Buyer is also absent at the time of this second delivery, the package will be returned to MESSIKA’s registered office, which will result in cancellation of the order.
MESSIKA will be liable for the risks relating to the products until they are delivered to the Buyer, who will be liable for them as soon as they are delivered to the delivery address indicated when placing the Order.
9.3 Faults, defects, damaged packages
MESSIKA recommends that, in order to avoid any dispute, the Buyer checks the conformity of the articles at the time of delivery and indicate, if possible on the delivery order, in the form of handwritten reserves together with their signature, any faults observed (open packet, damaged product etc.). In the event of non-conformity of the purchased articles or if the Buyer is not satisfied with them, the Buyer may return them or request an exchange or a refund under the conditions set out in Articles 8, 9 or 10 depending on the case in question.
ARTICLE 10 : RIGHT OF WITHDRAWAL AND RETURNING ARTICLES
In accordance with Article L. 221-18 of the French Consumer Code, the Buyer has a right of withdrawal.
The Buyer may therefore exercise their right of withdrawal, without obligation to provide reasons for their decision, up to fourteen (14) days after receipt of the article in question. If the Buyer has ordered several articles in a single Order, or if the articles have been delivered in several batches, the withdrawal period commences only when the Buyer, or any third party designated by the Buyer other than the carrier, takes physical possession of the final article or of the final part of the delivery.
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for Orders relating to:
- the provision of goods produced in accordance with the Buyer’s specifications or that are clearly personalised (cf article 4);
- the provision of goods that have been opened by the Buyer following delivery and which cannot be returned for reasons related to health or hygiene.
In order to notify their withdrawal decision, the Buyer may use the withdrawal form provided at the end of these General Terms and Conditions of Sale and included in the package, or any other statement drafted in unambiguous terms. This request must be sent to the customer service department via email to the following email address: email@example.com.
The Buyer will then immediately receive an acknowledgement of receipt of their request for withdrawal which will be sent via email.
MESSIKA's customer service department or its carrier will then contact the Buyer to schedule collection of the package in which the Buyer will return the article(s) in question. A return form will be included in the package received by the Buyer.
The refund will be issued within fourteen (14) days after the notification of the Buyer's decision to retract or within two (2) business days following receipt, by MESSIKA, of the returned articles.
Depending on the payment method used, the amount paid for the returned article(s), including the delivery costs, will be refunded by being credited to the Buyer’s bank account corresponding to the bank card used for the payment, or via PayPal.
Returns are free.
If MESSIKA has not refunded all the sums paid by the Buyer under the conditions provided above, this sum is automatically increased by 10% if the refund is made at the latest thirty days beyond this term, from 20% to 60 days and 50% later.
In addition, for gifts, the right of withdrawal remains exclusively with the Buyer and may not under any circumstances be exercised by the recipient of the gift.
In any case, the Buyer must return the delivered articles in their original packaging, complete (boxes, certificate of authenticity, accessories, protection, labels, booklets, etc.) and accompanied by the return form, duly completed, as well as a copy of the invoice. Articles returned incomplete, worn, damaged, deteriorated, dirty or in any other condition that could reasonably suggest that they have been used or worn, will be neither refunded nor exchanged and will be sent back.
ARTICLE 11: EXCHANGES
In addition to the right of withdrawal described above, MESSIKA wishes to offer its Buyers the opportunity to exchange the delivered articles subject to the terms and conditions set out below.
MESSIKA permits its Buyers to exchange articles within 30 days following the date of delivery with the exception of special order articles.
The Buyer’s request may only relate to the size of the article or the colour of the gold of the ordered article. Two different articles may not be exchanged under any circumstances.
The exchange request shall be sent by contacting MESSIKA's customer service department at the following address: firstname.lastname@example.org or via the “Contact” section located right at the bottom of the www.messika.com webpage.
It is free to return the product in question.
MESSIKA's customer service department or its carrier will then contact the Buyer to schedule collection of the package in which the Buyer will return the article(s) in question.
The returned article must be new, unused (unworn or not engraved) and in its original perfectly intact packaging.
If an article is returned, MESSIKA’s quality control department will check and assess the perfect condition of the returned article.
In addition, the returned article shall be accompanied by its invoice and certificate of authenticity issued at the time of the sale.
Subject to complying with these return conditions, MESSIKA will exchange the article(s) as soon as possible. MESSIKA will not issue any refund for the returned articles.
Articles returned incomplete, worn, damaged, deteriorated, dirty, with no security label or in any other condition that could reasonably suggest that they have been used or worn, may not be exchanged and shall be returned to the Buyer by post.
Please note that, for gifts, the option to exchange may be exercised by the recipient of the gift, it being understood that in the context of a distance exchange via MESSIKA’s customer service department, no refund may be issued in favour of the recipient of the gift in the event of differences in price.
In the context of the sales policy on exchanges proposed pursuant to this Article, MESSIKA reserves the right to refuse an exchange after two (2) successive requests.
In addition, any delivery costs paid by the Buyer will not be refunded to the latter.
ARTICLE 12: COMPLIANCE – WARRANTY – CUSTOMER SERVICE
All articles offered for sale via the Website are covered by a legal warranty of conformity (as defined in Articles L. 217-4 et seq. of the French Consumer Code) and by the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), thereby allowing the Buyer to return any articles delivered in a defective or non-compliant condition free of charge.
12.1 Legal warranty
12.1.1 Legal warranty of conformity
The French Consumer Code states the following concerning the legal warranty of conformity: Article L. 217-4: “The seller must deliver goods in compliance with the contract and is liable for any conformity defects existing at the time of delivery. The seller is also liable for any conformity defects resulting from the packaging, instructions for assembly or installation when these have been made incumbent upon it by the contract or have been produced under its supervision. ”
Article L. 211-5: “To be compliant with the contract, the goods must:
1) Be suitable for the purpose usually associated with a similar item and, if applicable:
- match the description given by the seller and possess the qualities indicated to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect considering the public statements made by the seller, the producer or its representative, including in advertising or labelling;
2) Or have the features defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, as disclosed to the seller and accepted by the latter. ”
Article L. 211-12: Any action based on the lack of conformity is time barred two years after delivery of the goods.
12.1.2 Warranty against hidden defects
The French Civil Code states the following concerning the warranty against hidden defects:
Article 1641 of the French Civil Code: “The seller is bound by a warranty regarding hidden defects in the sold item that render it unfit for the use for which it was intended, or that hinder this use, such that the Buyer would not have bought it, or would have paid a lower price, had these been known. ”
Article 1648 of the French Civil Code: “Any action resulting from critical defects must be brought by the buyer within two years following discovery of the defect. In the case defined in Article 1642-1, in order not to be time-barred, the action must be brought in the year following the date on which the seller can be released with regard to any apparent defects or defects of conformity. ”
In the context of the legal warranty against hidden defects, MESSIKA, at the discretion of the Buyer, hereby undertakes, after an assessment has been made of the defect:
- Either to refund to the Buyer the entire cost of the returned article,
- Or to refund to the Buyer part of the price of the article if the Buyer decides to keep the article.
12.1.3 Exclusions from the warranty
Articles that have been modified, repaired, integrated or added by the Buyer are excluded from the scope of the warranty. The warranty will not apply for obvious defects. The warranty will not cover articles damaged during transportation or by incorrect use.
12.2 Enforcement of legal warranties
When the Buyer takes action pursuant to the legal warranty of conformity, they:
- have a period of two years starting from the date of delivery of the article in which to act;
- may choose between the repair or the replacement of the article, subject to the conditions regarding cost set out in Article L. 217-9 of the French Consumer Code;
- are released from the obligation to provide evidence of the existence of the article’s conformity defect.
The legal warranty of conformity applies independently of any commercial warranty that may be agreed by MESSIKA.
Finally, the Buyer may decide to enforce the warranty against hidden defects in the sold item pursuant to Article 1641 of the French Civil Code. In this case, the Buyer can choose between the cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the French Civil Code.
These provisions are not exclusive with regard to the right of withdrawal defined in Article 10 above.
12.3 Consequences of the enforcement of the warranties
In the context of the legal warranty of conformity, MESSIKA, at the discretion of the Buyer, hereby undertakes:
- Either to replace the article with an identical article on the basis of the stock available,
- Or to refund the price of the article should it prove impossible to replace.
In the context of the legal warranty against hidden defects, MESSIKA, at the discretion of the Buyer, hereby undertakes, after an assessment has been made of the defect:
- Either to refund to the Buyer the entire cost of the returned article,
- Or to refund to the Buyer part of the price of the article if the Buyer decides to keep the article.
ARTICLE 13: CLAIMS - INFORMATION
For any information, claim or question relating to the General Terms and Conditions of Sale established by MESSIKA or to the articles themselves, Buyers should contact MESSIKA’s customer service department via the Website using the “Contact” form, quoting their Order number if applicable.
ARTICLE 14: PROTECTION OF PERSONAL DATA
MESSIKA gathers personal data relating to the Buyer and, if applicable, to the recipient of the Order.
It should be noted that the nominative data requested to the Buyer are necessary for the treatment of the Order and for the establishment of the invoices.
This data base could be communicated to the potential MESSIKA’s partners in charge of the execution, the treatment, the management and the Orders’ payment.
The processing of information communicated by the website’s intermediary responds to regulatory demands in the matter of personal data protection. The information’ system used is granting an optimal protection of the data.
ARTICLE 15: RETENTION OF OWNERSHIP
MESSIKA retains full and entire ownership of the articles sold until payment of the full price has been obtained, including the amount in principal, expenses, taxes and mandatory contributions.
ARTICLE 16: INTELLECTUAL PROPERTY RIGHTS
The “MESSIKA” trademark, together with all trademarks, figurative or otherwise, and more generally all other trademarks, illustrations, images and logos featured on MESSIKA articles, their accessories or packaging, whether protected by copyright or not, are and shall remain the exclusive property of MESSIKA. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without MESSIKA’s express and prior consent, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo and, more generally, any distinctive mark intended to form a composite logo. This shall also be the case for any copyright, designs and patents which are the property of MESSIKA.
The use of all or part of the Website, including downloading, reproduction, transmission or representation, for purposes other than personal and private use for non-commercial purposes is strictly prohibited. Any person who breaches these provisions shall be liable to the penalties stipulated in both the French Intellectual Property Code with regard, in particular, to copyright infringement (Article L. 335-1 et seq.) and trademark infringement (Article L. 716-1 et seq.), and the French Civil Code with regard to civil liability (Articles 1382 et seq.).
Prior authorisation must be obtained from MESSIKA in writing for the creation of hypertext links to any one of the pages or component parts of the Website. Such authorisation may be revoked at any time. Websites containing a hypertext link redirecting to the Online Store or to which the Online Store could itself link are not under the control of MESSIKA and MESSIKA therefore declines all liability (particularly as publisher) concerning access to and the content of such websites.
ARTICLE 17: SIGNATURE AND EVIDENCE
MESSIKA acts to ensure that a high level of security is guaranteed in relation to the personal information of its Buyers, but the Buyer also has a role to play in the protection of their personal data. In particular, the Buyer must keep their online transactions secure by, for example, never disclosing their user ID (the Buyer’s email address) and/or password to anyone and by changing their password on a regular basis. MESSIKA cannot therefore be held liable for the disclosure of any information concerning the Buyer to any individual who has used the Buyer's user ID (email address) and/or password. The use of the Buyer’s user ID (their email address) and/or password will therefore be taken as proof of their identity and render the corresponding amounts due, once the Order has been confirmed. Under no circumstances may MESSIKA be held liable for the fraudulent use of such information. Provision of a credit or debit card number and the final confirmation of the Order will be taken as proof of acceptance of the said Order and render due the amounts committed by the entry of the articles making up the Order. The automated registers saved in the IT systems of MESSIKA and its partners will be considered as evidence proving the communications, Orders and payments made by and between the Parties.
ARTICLE 18: FORCE MAJEURE
The performance by MESSIKA of some or all of its obligations will be suspended upon the occurrence of an event of force majeure as defined in Article 1218 of the French Civil Code which would impede or delay such performance.
MESSIKA will inform the Buyer of the occurrence of any such fortuitous event or event of force majeure within eight (8) days. The occurrence of such an event will result in the suspension of performance of these General Terms and Conditions of Sale.
ARTICLE 19: LIABILITY
19.1 MESSIKA may only be held liable for direct damage, foreseeable at the time the Buyer orders the product, arising from the use of the Website www.messika.com by the Buyer and the articles sold.
19.2 MESSIKA cannot be held liable for any direct or indirect damage that might arise from the use of the Website, including inaccessibility, loss of data, damage, destruction or viruses that could affect the users’ computer equipment and/or the presence of viruses on the Website.
19.3 MESSIKA guarantees neither the legality nor the accessibility of the content of the Website www.messika.com for all countries of the world. The Buyer must therefore ensure compliance with the regulations applicable in the country in which the Buyer is using the Website.
ARTICLE 20: LANGUAGE OF THE CONTRACT
For the convenience of customers, the Website and the General Terms and Conditions of Sale are available in two languages: French and English. However, in the event of contradiction between the French version and the English version, the French version shall prevail. Only the French version of the General Terms and Conditions of Sale is legally binding between the Parties.
ARTICLE 21: DISPUTES - APPLICABLE LAW
These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law. Should any dispute arise in relation to the application and/or interpretation of these General Terms and Conditions of Sale, the Buyer may have recourse to contractually-agreed mediation proceedings or to any other method of alternative dispute resolution. Any so-called consumer disagreement or dispute may be resolved amicably via mediation conducted by CMAP (Paris Centre for Mediation and Arbitration). In order to submit a dispute to the mediator, the Buyer can (i) fill out the form published on the CMAP website: www.cmap.fr, tab “you are: a consumer”, (ii) send their request by simple letter or registered letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to email@example.com. Whatever the method used to refer to CMAP, the Buyer’s request must contain the following in order to be processed quickly: their postal, email and telephone contact details as well as MESSIKA’s full name and address, a brief description of the facts and evidence confirming that they first tried to solve the dispute with MESSIKA.
The Buyer remains free to accept or decline such recourse to mediation and, if recourse is made to mediation, each party remains free to accept or decline the solution suggested by the mediator.
If no amicable solution can be reached and no recourse is made to mediation, all disputes potentially generated by the General Terms and Conditions of Sale shall be submitted to the jurisdiction of the competent court of the Buyer’s place of residence.
If either Party decides not to take action against the other Party in the event of a breach of any one of its obligations set out within these General Terms and Conditions of Sale, this may not be interpreted for the future as a waiver of the obligation in question.
(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: firstname.lastname@example.org
- 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) - Date [*] Delete as appropriate.