Terms of Sales

TERMS OF SALES

Updated 07/19/2021

- GENERAL -

Herein:

- “MOSTEMENT COUTURE” designates the professional seller.

- “You”, “the client(s)”, “the consumer(s)” refer to the non-professional buyer.

- SCOPE -

The General Terms and Conditions apply exclusively to all online sales contracts for MODESTEMENT COUTURE products offered for sale on the musemodesty.fr website to non-professional buyers who are consumers.

They specify in particular the conditions of ordering, payment, delivery and management of possible returns of products ordered by customers.

The General Terms and Conditions prevail over all other conditions or contradictory documents present on the website or social networks or in particular over those applicable in stores and direct sales.

You have access to the General Terms and Conditions on the website musemodesty.fr at any time and in particular before placing your order. You can print them.

MODESTEMENT COUTURE reserves the right to modify the General Terms and Conditions, however, those applicable to you are those in force on the date your order is placed.

The nullity of a contractual clause does not result in the nullity of the General Terms and Conditions.

Validation of your order constitutes acceptance without restriction or reservation of these General Terms and Conditions.

- CONTACT DETAILS -

MODESTLY COUTURE TAILORING & DESIGNING LLC

License no. 872618

In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulations) which came into force on May 25, 2018, the customer has, at any time, a right of access , rectification, opposition, deletion and portability of all of their personal data by writing, by post and providing proof of their identity, to the seller's address, mentioned above.
Validation of the order by the customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.

The customer acknowledges having the capacity required to contract and acquire the products offered on the website musemodesty.fr

- PRODUCTS -

The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the website musemodesty.fr

MODESTEMENT COUTURE advises you to refer, before placing your order, to the description of the product presented on the website musemodesty.fr where the essential characteristics of the product within the meaning of article L. 111-1 of the code of consumption, as well as its composition, its capacity and its price.

The contractual information is presented in French and is subject to confirmation at the latest when your order is validated.

You are required to read it before placing any order.
You are solely responsible for your choice of product and your purchase. The photographs or illustrations which present the products have no contractual value and cannot engage the responsibility of MODESTEMENT COUTURE.

The items which appear in stock on the musemodesty.fr website at the time of the consumer's visit to the site constitute the items offered for sale on the musemodesty.fr website.

- AVAILABILITY -

Our products are offered as long as they are visible on the site www.musemodesty.fr and while stocks last.

If a product is unavailable after placing your order, we will inform you immediately by email.

Your order will be automatically canceled and if the bank debit has already been made, you will be refunded within 14 days.

MODESTEMENT COUTURE is not liable for any cancellation compensation.

- ORDER -

Placing the order takes place as follows:

You must select the product of your choice (as well as the size, color and quantity), when the product is in stock, you must click on the button " Add to Cart ". If other products need to be added, repeat the process. If not, go directly to the “basket”.
You must go to the virtual shopping cart page where the amount of the products appears as well as the order summary which you are required to check and, if necessary, correct errors or make changes.
To access the order registration, you must read and expressly accept these General Conditions of Sale by checking the box provided for this purpose.
By clicking on the “proceed to payment” button, you arrive on the “information” page. If you have a customer account, you can open a transfer by identifying yourself. If not, you can create your customer account or continue your order as a guest.
Still on the “information” page, you must enter your delivery address as well as first name, last name and telephone number. On this same page, if you have a promo code, you can add it. Once all this information has been provided, you must click on the “continue to shipping” button.
You must choose the delivery method of your choice, the delivery price will then be communicated to you, it will be determined according to the chosen carrier, your geographical location and the weight of the package. The total price of the order appears on this same page (product + delivery).
Finally, to confirm your order, you must click on the “continue to payment” button. Here you must choose the payment method of your choice and proceed to payment. Confirmation of the order by the consumer entails acceptance of the General Terms and Conditions and forms the contract.

The customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or correct any errors.

An order is registered on the musemodesty.fr website when the customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates their order.

This validation implies acceptance of all of these General Conditions of Sale of the website musemodesty.fr

The sale is only final after sending to the consumer confirmation of acceptance of the order by MODESTEMENT COUTURE by email, including the details of the order and which must be sent without delay and after receipt by the consumer. here of the entire price.

The confirmation of the order by the consumer and the confirmation of acceptance of the order by MODESTEMENT COUTURE form the contract concluded remotely. At this stage, the order cannot be modified, except with the express and exceptional agreement of MODESTEMENT COUTURE; and cannot be canceled outside of the right of withdrawal or in cases of force majeure. Unless proven otherwise, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer.

MODESTEMENT COUTURE reserves the right to cancel or refuse any order from a consumer for legitimate reasons, in particular if there is any dispute with the latter relating to a previous order. The order may also be refused in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.

- PRICE -

The prices displayed on the site musemodesty.fr are indicated in euros (€), all taxes included (TTC) and excluding shipping costs.

For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the seller's responsibility. They will be the responsibility of the customer and are their responsibility (declarations, payment to the competent authorities, etc.). The seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities.

The selling price of the product is that in effect on the day of the order.

The prices take into account any reductions that may be granted by MODESTEMENT COUTURE for orders placed during the period of validity of the promotion and under the conditions specified in advertising on the musemodesty.fr website.

To meet the requirements of article L 112-1 of the Consumer Code, the price appears on the musemodesty.fr website when registering your order and before confirming your order.

Additional delivery and transportation costs as well as taxes will be calculated and informed to you before confirming your order, at the payment stage.

The total amount of your order is indicated on the confirmation page of order.

You will receive your invoice at the email address you provided. The invoice is also available in your customer area.

The price may be modified at any time by MODESTEMENT COUTURE, however, the price applicable to you is that in effect displayed on musemodesty.fr at the time of your order.

- PAYMENT-

Payment occurs immediately after order confirmation. Payment is due in full and payable in cash using the following payment methods:

- Bank card (MASTERCARD, AMERICANN EXPRESS, BANCONTACT, IDEAL SORFORT BANKING, CARTE BLEU) via the secure payment infrastructure “ Stripe ”

- PayPal

- DELIVERY -

In accordance with article L 216-1 of the Consumer Code, delivery means the transfer to the consumer of physical possession or control of the good.

MODESTEMENT COUTURE offers its products for sale internationally.

Orders will be delivered to the address you provided when placing your order.

You must be careful and check the address provided before validating your order, because you will be held solely responsible for the consequences resulting from the entry error on your part and the related costs, in particular the reshipment costs which will be at your expense and will not be assumed by MODESTEMENT COUTURE.

Delivery times and prices:

MODESTEMENT COUTURE will make its best efforts to ensure that your order is shipped within these deadlines. You may request in writing the cancellation of the sale (under the conditions provided for in articles L 216-2 et seq. of the Consumer Code), only if the delivery delay exceeds 30 days from the date of the order. It will then be up to MODESTEMENT COUTURE to return the sums paid to you at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

The sale will not be canceled if the delay or lack of delivery occurs due to the consumer, carrier or a case of force majeure.

You are required to check the condition of your package in the presence of the delivery person in order to express reservations on the delivery note or to refuse the product if you notice any apparent defect or non-conformity or in the event of a missing product.

From delivery, you have 3 working days to send MODESTEMENT COUTURE your complaint in writing (by post or email).

You must attach to your request all supporting documents and in particular photos proving the subject of your complaint. If the complaint is not made within these deadlines and conditions, it will be refused by MODESTEMENT COUTURE and the products will be deemed to be compliant and free from any apparent defect.

You may claim a refund or replacement of the product which will be the responsibility of MODESTEMENT COUTURE, for any product delivered, whose lack of conformity or apparent or hidden defects have been duly proven by the consumer, under the conditions provided for in articles L 217 -4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.

- TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS -

Ownership of the products is transferred to you upon acceptance of the order by MODESTEMENT COUTURE.

On the other hand, the transfer of risks of loss and deterioration of the products only occurs from the actual delivery of the order when you take physical possession of the products, the products ordered therefore travel at the risks and perils of MODESTEMENT COUTURE.

In the event that you notice any deterioration of your package upon receipt, whether you accept or refuse the package, you must explicitly indicate on the delivery note (failing this on the invoice) your reservations (e.g.: torn package at the top, 5 cm hole / wet package, open package etc.). We also advise you to take a photo of the package as proof.

Please check the contents of the package in the presence of the carrier and refuse the package in the event of damaged or missing product. If it is impossible to open the package and check its contents in the presence of the carrier, in the event of your absence during delivery or the carrier's absence (e.g. package delivered to your mailbox); if the package arrives damaged (examples: torn, opened, wet, etc.); you must send a registered letter with acknowledgment of receipt to the carrier within three working days of delivery to inform them of the apparent damage you have observed. At the same time, we ask you to contact us (see after-sales service/CLAIM) immediately (at the latest within 3 working days following delivery) to notify us of the problem.

The same procedure must be followed if the damage (damage, theft) was only discovered when the package was opened, even if the exterior of the package (the packaging) is not damaged.

In the event that you choose to be delivered by a carrier other than the one chosen and offered by MODESTEMENT COUTURE, the transfer of risks occurs as soon as the products are handed over to the carrier, consequently, MODESTEMENT COUTURE declines all responsibility and any loss or damage products will be at your expense.

- After-sales service / COMPLAINT –

For all requests for information or complaints, you can contact us by email at the address contact @musemodesty.fr

- WITHDRAWAL -

From the day of receipt of your order, you have 14 days to exercise your right of withdrawal.

To exercise this right, you must make your request without having to justify it, within 14 days of receipt of your order.

To do this, you must notify us, by post or email, of your desire to withdraw, specifying:

Your order number
Your first and last name
Your address
Your phone number
Your email address

You can use the withdrawal form that you will find in the appendix at the bottom of the page of these General Terms and Conditions.

In the event of a dispute, it is your responsibility to prove that you have respected the aforementioned withdrawal period.

- BACK -

To be accepted by MODESTEMENT COUTURE, the return must respect the following conditions:

- The products must be returned to MODESTEMENT COUTURE no later than 14 days following the sending of the consumer's withdrawal request.

- The products must be returned in their original condition and complete (packaging if possible + accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

- The products must not be damaged, soiled or incomplete.

- Products should not have body odor, perfume odor or laundry odor.

- You must return the package to the following address: Contact us via the contact form to obtain the return address.

- You must return the package by post using Colissimo to the above address.

When the conditions specified above are met, upon receipt of the return and after checking the condition of the returned product, MODESTEMENT COUTURE will reimburse you, within 14 days following receipt of your return, the totality of the sums paid, costs delivery included . The costs and risks of the return are your responsibility .

MODESTEMENT COUTURE will reimburse you using the same payment method used for the initial purchase.

- COMPLIANCE AND LEGAL GUARANTEES -

With regard to article L 411-1 of the consumer code, the products comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time of sale. their placing on the market.

The products sold on the musemodesty.fr website comply with the requirements of French law in force at the time of their placing on the market.

The products supplied by MODESTEMENT COUTURE benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:

- The legal guarantee of conformity:

MODESTEMENT COUTURE is liable for defects in product conformity, under the conditions of articles L211-4 et seq. of the Consumer Code. This warranty applies to defects already present on the date of delivery of the product and/or to products that do not correspond to the order.

- The legal guarantee against hidden defects:

MODESTEMENT COUTURE is responsible for hidden defects in the product under the conditions provided for in articles 1641 et seq. of the Civil Code. It applies if the defect was hidden, it existed on the date of purchase and it renders the product unusable or significantly reduces its use.

In order to assert his rights, the consumer must act within 2 years from delivery of the products or discovery of the defect. He must prove the existence of the defect. The consumer may obtain a refund or replacement for products under warranty deemed non-compliant or defective, no later than 14 days following MODESTEMENT COUTURE's observation of the lack of conformity or hidden defect.

The guarantee does not apply to apparent defects and MODESTEMENT COUTURE cannot be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the consumer, as in the event of normal wear and tear of the product, accident or force majeure; or in the event of a modification to the product not planned or specified by MODESTEMENT COUTURE.

- PROTECTION OF PERSONAL DATA -

In accordance with law 78-17 of January 6, 1978 amended by law no. 2018-493 of June 20, 2018; the consumer data collected by MODESTEMENT COUTURE is justified by the service provided to the consumer and in particular for the needs linked to the proper processing of their order and its delivery. MODESTEMENT COUTURE may communicate this data to any subcontractors responsible in particular for the execution, processing, management and payment of orders.

The consumer may object to the collection and/or use of his data and he benefits from rights to control the use made of his data. He may in particular request access to data concerning him, have them rectified, or object to being included in a file. He has a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him.

To exercise this right, the consumer must make their request by sending an email to the address contact@musemodesty.fr

The processing of information communicated via the musemodesty.fr website meets legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

- INTELLECTUAL PROPERTY -

The products for sale on the musemodesty.fr website are the property of MODESTEMENT COUTURE.

The content of the musemodesty.fr website is the property of MODESTEMENT COUTURE and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

-NULLITY AND MODIFICATION OF THE CONTRACT-

If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after written and signed agreement of the parties.

- UNPREDICTION -

Pursuant to Article 1195 of the Civil Code, in the event of a change that the parties could not foresee when concluding the contract, making its execution excessively onerous for the party to the contract undergoing this change; the party who has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.

- FORCE MAJEURE -

In the event that the parties do not perform their obligations or if the execution of their obligations is delayed due to a case of force majeure within the meaning of article 1218 of the civil code, the parties cannot be held responsible for responsible. The causes can be multiple and in particular climatic, epidemiological, bacteriological, military, political, IT etc.

- LANGUAGE AND APPLICABLE LAW -

These General Terms and Conditions and the operations resulting from them are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.

- DISPUTES -

We inform you that for any dispute arising following your purchase on musemodesty.fr you have different recourses, amicable or not.

You are first invited to contact MODESTEMENT COUTURE customer service (see article herein “After-sales service / COMPLAINT”) in order to find an amicable agreement.

In the event that we are unable to find an arrangement, you have the possibility of resorting to conventional mediation, in particular with the Consumer Mediation Commission ( C. consom. art. L 612-1 ) or with of the mediation body whose references follow: CONTACT DETAILS OF THE MEDIATION BODY

As a consumer, you can contact the Online Dispute Resolution Platform (ODR) accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main .home.chooseLanguage .

You can also contact a consumer association who will help you with your efforts or alert the DGCCRF. You can also use any alternative method of dispute resolution (conciliation, for example).

When no amicable solution can be obtained, you can take legal action and the dispute will be submitted to the competent courts under the conditions of common law.

The consumer, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection and Freedom Act of 1978, in order to to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Information Technology and Liberties.

- PRE-CONTRACTUAL INFORMATION AND CONSUMER ACCEPTANCE -

The fact for a natural (or legal) person to order on the website musemodesty.fr implies full and complete adherence and acceptance of these General Terms and Conditions and obligation to pay for the products ordered, which is expressly recognized by the consumer, who waives, in particular to take advantage of any contradictory document, which would be unenforceable against MODESTEMENT COUTURE.

ANNEX - WITHDRAWAL FORM

Please complete and send this form only if you wish to withdraw from your order placed on the Site musemodesty.fr

To the attention of MODESTEMENT COUTURE – Customer Service – ADDRESS

In accordance with the provisions of article L.221-18 of the Consumer Code, I hereby notify you of my withdrawal from the contract relating to the sale of the good designated below which I will return to you within the next fourteen days accompanied by Welcome back corresponding:

Ordered on …………………………………. And received on ………………………………………..

Order number : ……………………………………………………………………………

Name of consumer: ………………………………………………………………………….

Consumer email address: …………………………………………………

Consumer address: ……………………………………………………………………..

Date : …………………………………

Consumer signature: …………………………