General Terms and Conditions
These General Terms and Conditions of sale (hereinafter referred to as “GTC”) are concluded exclusively between (1) the company LIMA, registered in the Paris Companies Register under reference no. 822 502 662 and headquartered at 13 rue Poissonnière, as editor of the website www.mysuelly.com, a service of Webpopulation, the exclusive holder of the internet usage rights of the brand MYSUELLY (hereinafter referred to as www.mysuelly.com and (2) all persons who purchase goods on the website www.mysuelly.com (hereinafter referred to as the “customer”.
In accepting the present GTC, the Customer formally declares that he/she is a specific, natural person and is not a professional or a trader, that he/she is of age or has parental consent and that he/she has full legal capacity to place and complete an online order on the website www.mysuelly.com (hereinafter referred to as www.mysuelly.com)
The Customer and MYSUELLY hereby mutually agree that their relationship shall be governed exclusively by the present General Terms and Conditions of sale.
In this regard, the Customer acknowledges that any order validated by “double-clicking” implies his/her irrevocable acceptance of the present General Terms and Conditions of sale. This validation of the Customer in connection with the authentication process and the non-repudiation and protection of the messages involved constitutes the expression of the unequivocal wishes of the Parties deemed as signatories to an online bill of sale.
MYSUELLY reserves the right to adapt or amend these General Terms and Conditions of sale at any time. Every order shall be deemed to have been concluded in accordance with the terms of the GTC in effect on the date of the placement of the order on the website www.mysuelly.com, the effective date to be determined by the publication date of the GTC.
For any questions concerning an online purchase, the Customer may contact the MYSUELLY customer service team
- either directly on the website by means of the contact forms accessed via his/her “My account” area
- or by telephone on: +33 (0)1 71 70 34 44 (surcharged call), Monday to Friday between 10:00 a.m. and 5:00 p.m.
- or by email at: email@example.com
ARTICLE 1. VALIDATING AN ORDER ON THE WEBSITE www.mysuelly.com
When completing an order on the website www.mysuelly.com, the Customer will be guided through the following steps:
- Addition of the desired products from the selection on offer to the “basket”,
- Selection of the delivery method for the products added to the “basket” when prompted,
- Presentation the order summary, which can be modified, and the total price,
- Selection of payment method,
- Issuing of a validation email concerning the Customer’s order, confirming the registration of the order after payment has been accepted.
The order validation email sent to the Customer confirms the acceptance of the Customer’s order by MYSUELLY and the conclusion of the contract of sale between the Parties.
ARTICLE 2. VALIDITY OF OFFERS – PRODUCT AVAILABILITY
The products advertised on the website www.mysuelly.com at any given time are deemed in stock and available in principle at that same time, with the exception of a limited-time offer as part of a special offer expressly mentioned, such as that on the product page.
This theoretical availability is checked after payment of the order is accepted and is confirmed upon the issuing of the dispatch email by MYSUELLY.
Should one or several products be unavailable, MYSUELLY shall offer the Customer a new delivery date for the product(s) ordered or a refund via the payment method used to pay for the order within 14 calendar days of the payment for the order. Should it be impossible to refund the money using the payment method originally used due to technical issues, MYSUELLY shall offer to issue a cheque in the name of the Customer and send this to the Customer by post to his/her specified invoicing address.
Product offers and prices are deemed to be those indicated on the “BASKET” page when the Customer is going to the checkout page on the website www.mysuelly.com. Thus, only the price indicated on this page, corresponding to the invoice issued to the Customer for the order, shall be used as proof and shall bind MYSUELLY from a contractual point of view. Accordingly, MYSUELLY shall not be bound by any typographical error that may arise on any other page affecting the graphic and/or promotional elements on the website.
ARTICLE 3: PRICE
The prices indicated on the website www.mysuelly.com are listed in euros (€) and are intended as public prices including taxes and charges and are valid in mainland France on the enquiry date for these offers. VAT shall be applied based on the applicable rate in force on the date on which the order is placed. Specific taxes applicable by law other than VAT (such as ecotaxes and contributory ecotaxes) are only indicated on the shopping basket page, which is the only page that can be used as proof of the purchase price as outlined in the last paragraph of Article 2 above.
All prices displayed on the website www.mysuelly.com exclude shipping and assembly costs as well as the costs associated with any additional service provided. The prices indicated include only the price of the product itself as described, as well as its packaging.
MYSUELLY reserves the right to change its prices at any time, but undertakes to apply the rates displayed at the time at which the order is placed, subject to the availability of the product on that date.
Products shall remain the property of MYSUELLY until the order has been paid for in full.
ARTICLE 4: PAYMENT
4.1 PAYMENT METHODS
Regardless of the payment method chosen from those accepted on our website, orders shall not be considered registered until payment has been validated or received.
This means that the order will not be prepared by MYSUELLY services until payments has been validated by the intermediary selected by the consumer.
4.1.1 Cash payment by credit/debit card
We accept payments the following cards: Debt card, VISA, MASTERCARD and MAESTRO, AMEX
The Customer should also refer to the General Terms and Conditions of Sale and Use for each of these cards on the websites of our partners.
Choosing to pay using one of these cards implies tacit acceptance of the general terms and conditions of sale and use of the aforementioned partners.
We refer our customers to these terms and conditions, since MYSUELLY cannot be held responsible for the conditions imposed by these independent partners.
Online payment via credit/debit card is perfectly secure and customers can enter the number, expiration date and security code in the fields provided in peace of mind. Credit/debit card details are encrypted by means of an SSL (Secure Socket Layer) protocol and will never be sent via the network unencrypted. The payment is made directly from the bank. MYSUELLY shall never have any access to these details and shall not store them on its servers. This is the reason why customers are asked to enter the details again for each transaction made on our website.
4.1.2 Cash payment via PayPal
Card payments via PayPal are also accepted on the www.mysuelly.com website and shall be completed via the intermediary of the partner in question and in accordance with the general terms and conditions of sale and use applicable to the services of the partner.
Choosing to pay using one of these cards implies tacit acceptance of the general terms and conditions of sale and use of the Partner.
We refer our customers to these terms and conditions, since MYSUELLY cannot be held responsible for the conditions imposed by these independent partners.
Paypal user agreement
4.1.3. Payment via bank transfer
Payment of an order via bank transfer is carried out via the website www.mysuelly.com. When a Customer chooses this payment method, the MYSUELLY bank details (IBAN) are sent to the Customer so that he/she can proceed with the transfer. In this case, the acceptance of the payment is subject to the arrival of the payment in the MYSUELLY bank account. MYSUELLY shall accept no responsibility with regard to the conditions of use concerning such services, which are governed between the Customer and his/her bank and to which the Customer is referred.
4.1.4. Payment by cheque
Payment of an order by cheque is not accepted on www.mysuelly.com
4.2 COMBATING FRAUD
MYSUELLY reserves the right to verify the validity of the payment by any means it deems necessary (in particular, identity documents, proof of address, etc.) before dispatching the order.
4.3 PAYMENT INCIDENTS
MYSUELLY reserves the right to refuse to dispatch a shipment or honour an order received from a Customer who has not or has only partially paid for a previous order or with whom there is an ongoing payment dispute. In the event of fraud, MYSUELLY reserves the right to deregister any member without any prior warning or compensation.
ARTICLE 5: DELIVERY
5.1 ORDER PREPARATION TIMES
MYSUELLY reserves the right to subcontract part or all of the preparation and dispatching of the order to a third party tasked with the performance of these services.
All products sold by MYSUELLY are known to be available and in stock. Orders are prepared and handed over to the shipping company within 48 working hours of the first working day following the registration of the order as outlined in the present GTC. Most orders submitted on a Saturday, Sunday or holiday will be handled on the following working day.
The time it takes for the parcel to be handed over to the shipper and the shipper’s delivery time are not included in this period.
All times mentioned on the website www.myseully.com are calculated in full days (24 hours).
The product ordered shall be delivered to the address indicated on the purchase order and identified as the “delivery” address.
MYSUELLY shall not be liable for the consequences (delay, inability to deliver) arising from any data input error, particularly in the form of an incorrect or incomplete delivery address. The Customer shall be exclusively liable for all costs associated with reshipping the products following an error for which the Customer is responsible.
5.2 ORDER DELIVERY DATES
MYSUELLY reserves the right to choose the most suitable mode of transport based on the nature of the product as well as its weight and volume; the Customer hereby declares his/her awareness and acceptance of this right.
Delivery dates may not exceed 30 working days after the date on which the Customer’s payment is validated (order registration date).
Delivery times cannot be guaranteed in the case of force majeure as defined in the relevant legislation and case law. Delivery times do not take into account any payment monitoring procedures pertaining to the Customer’s payment that may delay the dispatch of the order (cf. provisions set forth in Article 4.2).
The delivery times confirmed commence upon order registration. The estimated delivery time is indicated on the order and on each product description. This period is an average period corresponding to the service used for delivery in mainland France. If the Customer is not at home when delivery is attempted, the Customer shall be responsible for collecting the product from the service concerned.
In cases where the shipper must forward the product to the delivery address provided by the Customer, the Customer must indicate the time(s) at which he/she will be available on the order. The shipper will then contact the Customer as soon as possible to arrange a date to hand over the delivery. MYSUELLY shall not be liable for any delay in delivery arising from the non-availability of the Customer.
5.3 DELIVERY TRACKING
The Client may track the order at any time using the order number included in the email formally confirming his/her order in the “My Account” area of the website www.mysuelly.com.
This area allows for precise tracking of the order and its status for every possible mode of transport; this is particularly relevant with regard to the dispatching and delivery of the order.
It should be noted that since all communication between the Customer and the website www.mysuelly.com takes place essentially via email, it is vital that customers provide MYSUELLY with a valid email address that is checked regularly. Should the Customer fail to do so, MYSUELLY shall not be liable for the consequences arising from communication to an incorrect email address or one that is not checked regularly.
5.4 DELIVERY REGIONS
we deliver within mainland France and internationally.
5.5 SPECIFIC DELIVERY METHODS
The delivery methods for MYSUELLY products are determined by MYSUELLY and depend on their acceptance in terms of postal volumes.
The Customer may choose between delivery to a collection point or delivery to his/her home by Colissimo (served by la Poste, the French postal system, in mainland France) or a specialised shipping company for international orders.
After validating these delivery methods and before the order has been released for payment, the website www.mysuelly.com shall issue an order summary, listing the mode of transport for which the products in question are eligible in accordance with the option selected by the Customer from the options proposed. The cost of the modes of transport affected or selected will therefore be indicated before the order is released for payment.
When the order has duly been prepared and is ready for dispatch, the Customer will receive an email concerning the dispatch of each part of the order via the mode of transport agreed.
⇒ Delivery to collection point:
For Customers who select the “Collection point” option, MYSUELLY will provide a list of the name and addresses of those professionals offering these services closest to the delivery address chosen. In this case, the Customer will be able to check the opening times and days of the selected collection point.
Once the order has arrived at the collection point, the Customer will have 14 calendar days to collect the parcel(s). Otherwise, the order will be returned to MYSUELLY, which will contact the Customer via email to arrange another delivery at the Customer’s expense. In the absence of a reply within 7 days of this email, MYSUELLY will consider the Customer as having exercised his/her right of return and will proceed with a refund based on the conditions set forth concerning the exercising of the right of withdrawal (cf. Article 6-1 in the present GTC).
⇒ Delivery by Colissimo:
Delivery by Colissimo is a service offered by French post offices and is subject to their own General Terms and Conditions of Use. If the Customer is not at home and it is not possible to leave the parcel with a caretaker, the Customer will receive a notice of non-delivery. He/She will then have 14 days to go and retrieve the parcel from the post office indicated on the notice. Otherwise, the order will be returned to MYSUELLY, which will contact the Customer via email to arrange another delivery at the Customer’s expense. In the absence of a reply within 7 days of this email, MYSUELLY will consider the Customer as having exercised his/her right of return and will proceed with a refund based on the conditions set forth concerning the exercising of the right of withdrawal (cf. Article 6-1 in the present GTC).
Should there be any problem with the delivery, the Customer should write down any concerns on the dispatch note provided by the shipper. For all practical purposes, it should be noted that concerns expressed by the Customer serve to confirm the presence and the significance of any damage at the time of or during delivery. The Customer must indicate his/her concerns in the form of handwritten, detailed, dated, explicit observations that are accompanied by a signature on the delivery note in order for these to be admissible.
These problems may include, for example:
- Product worn: scratches, dents, bumps, etc.
- Product non-compliant (incorrect reference, colour, etc.) or incorrect quantity.
However, simply adding wording such as “unpacked” or “damaged” is not sufficient to cover the Customer with regard to the warranty if the product has been unpacked and does not allow damage to be confirmed.
5.6 DELIVERY CHARGES
Transportation charges are calculated on the basis of both the destination and the weight of the parcel.
The rates indicated are listed in euros (€) and include all taxes and charges, including the applicable VAT at the rate in force on the day of delivery.
When a product is added to the basket, the charges are calculated automatically based on delivery to mainland France. The Customer can freely check the charges and the shipper associated with his/her products.
The definitive calculation of the charges applicable for delivery to other destinations occurs once the postal code has been entered as part of the delivery address and before the Customer validates the order.
Specific offers in terms of delivery charges are only valid for deliveries in mainland France unless expressly stipulated otherwise.
ARTICLE 6: RIGHT OF WITHDRAWAL
6.1. CONDITIONS CONCERNING THE EXERCISING OF THE RIGHT OF WITHDRAWAL
⇒ Notice period
In line with the provisions set forth in Article L. 121-21 of the French Consumer Code, the Customer has a notice period of 14 days to exercise his/her right of withdrawal without needing to state any reason. This period shall commence the day the order is received. In the case of an order involving multiple goods delivered separately or an order for a product composed of multiple pieces, the delivery of which is staggered over a defined period, the notice period will commence from the date the last product or piece is delivered. For contracts involving the regular delivery of products over a defined period, the notice period will begin from the date on which the first product is received.
⇒ Exercising the right of withdrawal
In order to exercise his/her right of withdrawal, the Customer must inform MYSUELLY of his/her decision to do so by submitting the withdrawal form provided before the 14-day notice period comes to an end. This form will have been sent to the Customer along with the order confirmation email (and a copy is included as an Appendix to the present GTC), or any other unambiguous declaration expressing his/her wish to withdraw. MYSUELLY also allows the Customer to withdraw online by logging into his/her personal section of the website in the “My Account” area.
⇒ Loss of the right of withdrawal
As outlined in Article L 121-21-8 of the French Consumer Code, it should be noted that the right of withdrawal cannot be used for contracts concerning the following: 1° The provision of services provided fully before the end of the withdrawal period and the provision of which commenced following a prior express agreement with the Customer, expressly renouncing his right of withdrawal;
2° The provision of goods or services the prices of which depend on fluctuations on the financial market and are beyond the control of the professional and likely to change during the withdrawal period;
3° The provision of goods produced on the basis of customer specifications or clearly personalised goods;
4° The provision of goods likely to deteriorate or expire quickly;
5° The provision of goods that have been unsealed by the Customer after delivery and which cannot be returned for hygiene or health reasons;
6° The provision of goods which, by their nature, are combined following delivery with other items such that they cannot be separated ;
7° The provision of alcoholic drinks, the delivery of which is delayed by over thirty days and the value of which arranged upon conclusion of the contract depends on market fluctuations that are beyond the control of the professional;
8° Urgent maintenance or repair works to the home of the Customer and expressly requested by him/her, limited to spare parts and work that is strictly necessary to respond to the urgency;
9° The provision of audio or video recordings or of computer software if these have been opened by the Customer following delivery;
10° The provision of a newspaper, periodical or magazine, with the exception of subscriptions to these ;
11° Agreements concluded at public auctions;
12° The provision of services concerning accommodation, other than residential accommodation, goods transportation services, car rental services, catering services or services concerning leisure activities that must be provided on a specific date or within a specific period;
13° The provision of digital content not supplied on a hardware device, the execution of which has commenced following a prior agreement with the Customer, expressly renouncing his right of withdrawal.
⇒ Condition concerning the condition of the product
In order for the Customer to be able to exercise this right of withdrawal, the product returned must be in a such a condition that will allow it to be resold immediately. The product must therefore be returned in as-new condition, along with the various notices and accessories delivered with it, and in its original packaging. MYSUELLY reserves the right to refuse a refund for a product if all of these conditions have not been fulfilled.
⇒ Reimbursement methods
Should the Customer choose to exercise his/her right of withdrawal within the aforementioned notice period, and in line with the provisions set forth in Article L121-21-4 of the French Consumer Code, MYSUELLY shall reimburse the Customer within 14 calendar days from the date on which the Customer informs MYSUELLY of his/her decision to withdraw
However, MYSUELLY reserves the right to delay the reimbursement until the goods have been recovered or until the Customer has provided proof of dispatch of these goods, the date selected being the first of these two events.
The refund shall always be based on the sums effectively paid by the Customer, as indicated on the invoice. Nevertheless, MYSUELLY reserves the right to refuse to refund the additional shipping costs incurred as a result of a more costly shipping method chosen expressly by the Customer despite MYSUELLY’s proposal of a standard delivery method.
The shipping costs to be refunded shall be determined as if the customer had never purchased the product(s) returned.
Finally, in principle and unless the Customer expressly requests otherwise, MYSUELLY shall proceed with refunding the latter by means of the payment method used during payment. In the case of a material impossibility preventing the use of this method, MYSUELLY shall propose sending a cheque for the amount due to the Customer by post.
⇒ Liability for shipping costs for return delivery
The Customer shall be expressly liable for the costs of the return delivery and acknowledges and accepts this liability by complying with the present General Terms and Conditions of Sale.
Nonetheless, by way of derogation from this principle, MYSUELLY will be able to take charge of product returns deposited by the Customer at a collection point or shipped by Colissimo in accordance with the terms indicated above as part of a commercial offering if desired.
6.2. PRODUCT RETURN METHODS
Following his/her withdrawal, the Customer must return his/her products to MYSUELLY without excessive delay, no later than within 14 days following his/her announcement of his/her decision to withdraw.
Free return (in collect points for France delivery – except TNT)
1. Go to the "My Account" customer area
2. Click on the order concerned
3. Click on the "Get a return number" button
4. Pack the product(s) to be returned and attach the completed delivery slip.
- Write the return number on the box (legibly and permanently). Packages without a return number cannot be processed.
- Make sure to wrap the package properly (consult the official recommendations)
5. Ship your package to the following address:
Service Retour Mysuelly
PARC D'ACTIVITE DE LA BELLE ASSISE
60122 BRETEUIL CEDEX
ARTICLE 7: COMPLAINTS ABOUT AN ORDER
If, while unpacking or assembling the products and within 15 calendar days of receiving them, the Customer discovers that a product does not comply with the order or the order description (e.g. Wrong product, model, colour, etc.), MYSUELLY shall replace the product or reimburse the Customer for all costs as soon as the alleged error is confirmed.
To this end, the Customer must contact MYSUELLY via the “Request return” form on the website and follow the same procedure as that for product returns, which is described in Point 6.2 above.
After receipt of the returned product and confirmation of the non-conformity or damage highlighted by the Customer, MYSUELLY may, at its sole discretion:
- either send a new product to the Customer at no additional cost,
- or refund the sums paid during the purchase of the product.
Any other potential defect over the lifetime of the product must be addressed to the after-sales service to be evaluated.
ARTICLE 8 AFTER-SALES SERVICE
Apart from the commercial or legal warranty, the Customer can always contact the MYSUELLY Customer Service Team with any questions about the use of a product, its maintenance or having ordered an item that has become defective.
To avail of this service, the Customer must simply log into his/her personal account and go to the “After-sales service request” section. After filling in the dedicated contact form for the service, the customer will be contacted with a proposed course of action, accompanied by a quote.
ARTICLE 9: INTELLECTUAL PROPERTY
All content on the website www.mysuelly.com, whether visual or audio, including the brand, the logo, the text, the photos, the videos and the domain name, is protected by copyright, trademark law or patents. The editor of the website www.mysuelly.com holds a license agreement and usage rights that pertain exclusively to the owner. Therefore, and in line with the provisions set forth in the French Intellectual Property Code, this content is intended for private use only, subject to any differing or more restrictive provisions in the French Intellectual Property Code.
The reproduction, either in whole or in part, of the website www.mysuelly.com or of any of its audio, visual or text content is strictly prohibited without prior, express, written permission.
ARTICLE 10: LIABILITY
For all stages of access to the website, from order placement and delivery to customer service or subsequent services, MYSUELLY shall only support a single obligation of means. Consequently, MYSUELLY shall not be held liable for any inconvenience or damage connected with the use of the internet, particularly a breakdown in service, external interference or the presence of computer viruses , or considered force majeure, in line with the existing case law.
Furthermore, MYSUELLY shall not be liable in cases where the order will not result in, or will result in MYSUELLY being prevented from respecting any of its obligations in cases of force majeure, as per the existing case law, and particularly in the case of inclement weather preventing the dispatch of the order.
ARTICLE 11: COMPLETENESS OF THE DOCUMENT
Should one of the clauses of the present Contract be declared null and void by a change in legislation, regulations or a court ruling, this shall not affect the validity of the remaining provisions of the present General Terms and Conditions of Sale.
ARTICLE 12: DURATION
The present GTC shall apply for the entire duration for which the services and products of MYSUELLY are offered online.
ARTICLE 13: RECORDS
The computerised records, which are stored in the computer systems of MYSUELLY and its partners under reasonable security conditions, shall be considered as records of communications, orders payments that have taken place between the Parties.
ARTICLE 14: RECORDING AND ARCHIVING OF TRANSACTIONS
Purchase orders and invoices are archived using reliable, durable supports so as to produce a reliable, durable copy as required under Article 1348 of the French Civil Code.
ARTICLE 15: LEGAL DISPUTES
The present conditions are subject to French law.
In the event of a legal dispute, MYSUELLY and the Customer shall attempt to resolve the matter amicably, either through a conventional mediation process or using any alternative method for resolving their differences. Should these attempts fail, only the French courts shall be competent.
ARTICLE 16: MYSUELLY CUSTOMER SERVICE
- The MYSUELLY Customer Service Team is available to the Customer to assist with any requests for information or questions and can be contacted as follows:
- via telephone on +33 (0)1 71 70 34 44 (non-surcharged call), Monday to Friday from 10:00 a.m. - 5:00 p.m.
- via electronic means using the contact form after logging into the “My Account£ area, or by emailing Sav@mysuelly.com
The email address used for the Customer account should be used for all subsequent electronic correspondence.
- or by post to: 13 rue poissonnière 75002 PARIS, FRANCE
ARTICLE 17: DATA PROCESSING AND LIBERTIES
In compliance with Law No. 78-17 dated 6 January 1978 concerning data processing, files and liberties, the Customer has the right to access, amend, rectify and delete his/her data. We offer customers the option to exercise these rights by contacting us at the above address.
ARTICLE 18: COOKIES
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