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Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION
1.1 These General Conditions of Sale (“the GTC”) determine the rights and obligations of the parties in the context of the online sale of Products offered by the company ECOMHESS (“the Company”).
1.2 Any Order placed on the Miss Minceur website implies prior and unconditional acceptance of these General Terms and Conditions of Sale, which are subject to French law. These General Terms and Conditions of Sale are therefore an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares having read and accepted them, without restriction or reservation, before placing the Order.
1.3 These General Terms and Conditions apply to any Order placed by a natural person of full age acting as a consumer. The Customer therefore certifies that he is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges having full capacity to commit when placing an Order and undertakes to provide truthful information regarding his identity.
1.4 EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name of or on behalf of another professional, are expressly excluded from the scope of these General Terms and Conditions.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The General Terms and Conditions applicable to each Order are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These General Terms and Conditions can be viewed on the Company's website at the following address: www.miss-minceur.com and can be downloaded in pdf format.
Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Order placement process
To purchase one or more Products on the site, the Customer selects each Product and adds it to his/her basket. Once his/her selection is complete, he/she must confirm his/her basket to proceed to the Order (1st click)
At this stage, the Client is redirected to a page containing:
A summary of the selected Products, the corresponding prices, the terms and conditions and the delivery costs. It is then up to him to check and possibly correct the contents of his basket.
These General Terms and Conditions. It is up to him to read them carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the T&Cs (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on their part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceed to pay for his Order.
After validating his Order and making his payment, the Customer receives, on the email address he provided to create his account, a confirmation message from the Company. This message contains, in pdf format:
The summary of his order (Product selected, price, terms and delivery costs);
The precise identification of ECOMHESS and its activity;
The Order number;
The terms, conditions and withdrawal form;
These T&Cs in pdf format.
If confirmation of the Order is not received, the Customer is recommended to contact the Company via the contact form on the site.
The Customer then receives a purchase invoice sent electronically, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Cases of refusal to validate the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in accordance with the T&Cs;
Quantities ordered not corresponding to normal use by a consumer Customer;
Non-payment of a previous Order or ongoing dispute regarding a previous Order;
Suspicion of fraud on the Order (supported by a bundle of consistent evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, the Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company accepts no liability for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The validity period of the offer of the Products as well as their prices are specified on the Company's websites.
3.2 Availability of Products
Product offers are valid within the limits of available stocks at our suppliers. This availability of Products is normally indicated on the specific Product page.
However, to the extent that the Company does not reserve stock (except in special cases of Products indicated as pre-ordered on the Product sheet), adding a Product to the basket does not absolutely guarantee the availability of the Product or its price.
In the event that a Product becomes unavailable after the validation of the Customer's Order, the Company will immediately inform the Customer by email. The Order will be automatically cancelled and the Company will refund the price of the Product initially ordered, as well as any sum paid for the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 – PRICE OF PRODUCTS
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined according to the prices at which the Product is commonly sold in a range of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the range of brands is modified.
4.2 Modification of prices indicated on the sites
The prices of the Products are indicated on the Product description pages. They are indicated excluding tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.
The Products ordered will be invoiced on the basis of the price in effect on the site at the time of validation of the Order.
4.3 Product prices
To the extent that many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of the Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros excluding taxes (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be entirely borne by the Customer, who is liable for these taxes as the recipient of the Product.
The prices of the Product(s) do not include the costs of packaging, conditioning, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for the process of declaring and paying import VAT when clearing the Product through customs. The Customer may be required to pay import VAT. To the extent that this tax is not the responsibility of the Company, it will not be liable for reimbursement of this tax.
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. The Company has no control over these duties and amounts.
They will be the responsibility of the Customer and are his/her responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Customer to inquire about these aspects with the corresponding local authorities.
Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in several installments, in particular with regard to the amount to be paid and its knowledge of the Customer concerned. However, the Company is under no obligation to grant such payment terms. In the event of a special situation, the Customer may request this by contacting the Company's Customer Service at the following address contact@miss-minceur.com.
5.2 Payment methods
To pay for his Order, the Customer can choose between different payment methods:
Payment by bank card:
Only bank cards linked to a banking institution located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees the Company that he has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Credit card payments are made via a secure payment platform and the bank card information communicated benefits from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of €1,000.
It is emphasized that in the event of recourse to this method of payment, the General Conditions of Use of Paypal, which are available on their site, are added to these General Conditions of Sale.
Payment by vouchers and/or promo codes
The vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Company may proceed to the pure and simple cancellation of the Order.
Generally speaking, in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
The Company reserves the right to implement an Order verification procedure to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send by email or post to the Company a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise information on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT
6.1 Delivery
Before validating the Order, the Company communicates to the Customer information concerning the different delivery methods as well as their respective prices. Following the choice of the delivery method by the Customer, the Company communicates to him an estimate of the delivery time.
The Company will make every effort to ensure that the Product(s) are delivered no later than the scheduled delivery date. In the event of difficulty, the Company undertakes to communicate quickly with the Customer to inform them and seek an appropriate solution with them.
Air transport, shipping and/or delivery of the Product(s) will be fully borne by the Customer ("Shipping Costs"). These shipping costs are included in the final price invoiced to the Customer when placing the Order. However, any customs charges are not included in the price invoiced to the Customer by the Company.
Depending on the terms chosen by the Customer, delivery will be made either to the address specified by the Customer or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to carefully check the information provided for delivery as they remain solely responsible in the event of failure to deliver due to incomplete or incorrect information.
6.2 Customs clearance
When purchasing, the Customer purchases the product tax-free and becomes the importer of the product purchased in his capacity as recipient of the Product.
He is therefore particularly responsible for the import and customs clearance processes of the product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than €150).
The Customer is solely responsible for the customs duty declaration process when clearing the Product through customs. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. The latter cannot therefore be held liable for the reimbursement of these duties.
6.3. Reception
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
In the event of an anomaly being noted, the Customer must contact the Company's Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any claim filed after this time limit cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period runs from the receipt of the last Product.
In the event of exercising the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer.
7.2 Exclusions
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:
For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods liable to deteriorate or expire rapidly;
For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
For the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
Of the supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery;
For the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
Concluded at a public auction;
7.3 Conditions for exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration expressing his intention to withdraw within the 14-day period mentioned above.
Standard model of withdrawal form:
For the attention of (name of the site concerned), Customer Service,
I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product Name:
Date of order and receipt:
Order number:
Tracking number for the withdrawal request:
Customer Name:
Customer Address:
Signature of the Client: (only if this form is notified on paper)
Date :
This form must be sent to the Company at one of the following addresses:
For paper submission, to ECOMHESS, Customer Service, 128 Rue La Boétie, 75008 Paris.
For electronic submission, to the address: contact@miss-minceur.com
The Customer has a period of 14 days from the sending of the notification of withdrawal to return the Product to the Company in its original packaging, the return costs being the exclusive responsibility of the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow them to be put back on sale by the Company. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of return of the Product under the conditions provided for by law and these General Terms and Conditions, the Company will reimburse the full amount paid by the Customer, including delivery costs, within 14 days of notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only reimburse after receipt and verification of the condition of the returned Product.
This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be refunded either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 – GUARANTEES
8.1 Legal guarantees
The Company remains liable for any lack of conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code as well as for any hidden defects in the item sold in accordance with Articles 1641 et seq. of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 et seq. of the Consumer Code), the Consumer Client:
Benefits from a period of 2 years from delivery to act
May choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code
The requirement to provide proof of the existence of the lack of conformity is waived for 24 months following delivery of the goods if the Product is new, and for 6 months following delivery if the Product is sold second-hand.
The Customer may also decide to act under the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code; the Customer may choose between cancellation of the sale or a reduction in the price, in accordance with Article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts
L.217-4 Consumer Code
"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or carried out under his responsibility."
L.217-5 Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or in labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
L.217-9 Consumer Code
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer."
L.217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
1648 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. […]”
8.2 Manufacturer Warranty
Certain Products on sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not a direct party.
The existence of this type of guarantee is mentioned, where applicable, on the specific Product page.
If the Customer wishes to make use of this guarantee, he/she should notify the Company by contacting Customer Service and should consult the terms of application of the guarantee, which are generally included in the box concerning the Product.
It is recalled that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, the data controller, collects a certain amount of mandatory personal data (including, in particular, surname, first name, delivery address, etc. which are marked with an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, producing statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
Failure by the Customer to provide this information would make it impossible to process the Order.
This data is intended for internal use by the Company but may be transmitted to companies which contribute to the performance of the service, including in particular those which ensure the delivery of Products or ensure the processing of payments.
Regarding this personal data, the Client has several rights:
Right of access to personal data concerning him/her;
Right to rectification and deletion if personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and retention of certain data is prohibited;
Right to limit data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to data processing (in particular in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the retention, erasure and communication of your personal data
Right to withdraw consent to the performance of certain processing operations (processing operations carried out before withdrawal of consent remain lawful)
Right to lodge a complaint with the CNIL.
To exercise his rights, the Client may send a request to the Company, via:
by letter addressed to the Company ECOMHESS, 128 Rue La Boétie, 75008 Paris.
The request must include the Client's email address, surname, first name, postal address and must be accompanied by a copy of both sides of the Client's identity document.
A response will be sent to him within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on a Product page, sales of Products on the Site do not entail any transfer of intellectual property on the Products sold.
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these T&Cs.
Article 11 - FORCE MAJEURE
The Company shall not be held liable for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent the performance thereof. The Company shall notify the customer of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary set forth herein, the Company shall not be liable in any way for any loss or damage resulting from improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Company.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the T&Cs, or in general the applicable legal provisions, without prejudice to any damages that the Company may seek.
Any person whose account has been suspended or closed will not be able to subsequently order or create a new account on the Site without the prior authorization of the Company.
Article 14 – ARCHIVING – PROOF
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
With each Order, the Order summary is sent by email to the Customer and archived on the Company's website.
The archiving of communications between the Company and the Client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which the exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.
The archiving of communications, the order, the order details, as well as the invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
The Client will have access to the archived elements upon simple request to the address contact@miss-minceur.com.
Article 15 - NULLITY AND MODIFICATION OF THE GTC
If any of the provisions of these General Terms and Conditions are void, they will be deemed unwritten, but will not result in the nullity of all contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these General Terms and Conditions, whatever their frequency and duration, cannot constitute a modification of the General Terms and Conditions, nor generate any right whatsoever for the Client.
Article 16 – APPLICABLE LAW AND DISPUTE RESOLUTION
These T&Cs are subject to French law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any consumer complaints following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.
