1. INTRODUCTION
The present General Terms and Conditions of Use and Sale (hereafter "GTCUS") apply, without restriction or reserve, to all the sales by the SARL MOLIERE exercising under the trade name MICHEL VIVIEN (hereinafter referred to as the « Company » or « MICHEL VIVIEN ») to consumers and non-professional purchasers (which we may refer to as "Customer" or "User" or "Purchaser"), wishing to acquire the products offered for sale (hereafter the "Products") on the website of the company: www. michelvivien.fr (hereinafter the "Website").
These GTCUS may be supplemented by special conditions, set forth on the Website, before any transaction with the Customer.
These GTCUS apply to the exclusion of other conditions, and in particular those applicable to sales made in stores or via other distribution and marketing channels.
The sale of Products through the Website is carried out under the name of "MICHEL VIVIEN" by the company MOLIERE, S.A.R.L. with a capital of €50,000, whose registered office is at 6 rue de Nice, 75011 - PARIS, registered with the RCS of PARIS under the number 488 108 184.
2. MODIFICATION OF THE CGUV
MICHEL VIVIEN may at any time amend the GTCUS without prior notice by publishing the new version on the Website. These modifications are enforceable to the Users of the Website from the moment they are published online and cannot apply to transactions entered into previously.
3. TERRITORY
The present GTCUS are intended to govern sales in the European Union, the United States, Australia, Canada, Switzerland and Great Britain.
In the event of an order to a country other than metropolitan France, the Customer will be considered as the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.
4. OPERATION AND USE OF THE WEBSITE
The Website is a secure online platform that allows Users to order and purchase online the Products offered for sale on the Website.
You must be of legal age in your country of residence to be authorized to use the Website. You agree not to exchange, modify, copy, reproduce, publish, display, transmit, distribute, screen, perform, transfer or sell the displays, messages, texts, files, images, pictures, photos, videos, sounds or any other element of the Website (hereinafter collectively referred to as the "Content"), including any text, image, audio or video excerpt, for any purpose whatsoever. You agree not to damage or attempt to damage the proper functioning of the Website in any way whatsoever.
Within the limits of these GTCUS, MICHEL VIVIEN grants you a worldwide, non-exclusive, non-transferable, non-assignable and limited license to access, display and use the Website. You agree not to download, display or transmit, via the Website, any material that:
(i) restricts or interrupts another individual's access to the Website;
(ii) is fraudulent, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, obscene, hateful, harassing, or invasive of the privacy of others;
(iii) constitutes or encourages a conduct that may have criminal consequences, give rise to civil liability or violate any law;
(iv) violates or infringes upon the rights of another party, including, without limitation, any patent, trademark, trade secret, copyright, other proprietary rights or personality rights;
(v) contains a virus, malicious software, software for indexing the Content of the Website, a data mining process, an automatic data collection device, an automatic extraction tool or any other harmful component;
(vi) constitutes unsolicited or unauthorized promotional or advertising content such as spam, chain letters, pyramid schemes or any other form of unauthorized solicitation.
5. WEBSITE ACCESS AND CONTENT
The of the Website is to present and sell via an online store the Products.
The sale of the Products is governed by the present GTCUS whatever the place of residence of the Purchaser, it being specified that the Website is accessible throughout the world. It is consequently up to the Buyer to read the GTCUS in their applicable version before any order on the Website.
MICHEL VIVIEN reserves the right, temporarily or permanently and at its sole discretion, to implement related services such as newsletters for example.
The Company undertakes to provide accurate descriptions and representations of the Products presented on the Website. However, MICHEL VIVIEN does not guarantee that the information and graphics contained on the Website or accessible via the Website are reliable, accurate, up to date, useful and understandable at all times.
6. CREATION OF THE USER ACCOUNT
You may register on the Website in order to create a personal account (hereinafter referred to as the "User Account"). The User Account allows you to obtain the following benefits:
- Have access to your account information and thus be able to modify it
- Add alternative delivery addresses
- Check the status of your orders
- Consult your previous orders
- Have access to your holdings
- Change your password
- Subscribe to MICHEL VIVIEN’s newsletters.
If you have forgotten your password, MICHEL VIVIEN will allow you to reset your password via a secure internet connection to the email address you provided when you registered. You will then be able to connect again to your User Account in order to change your password.
At the time of registration, you accept and commit yourself:
(i) to provide only true, current, complete and accurate information as requested in the registration form or any other form that you complete on the Website;
ii) to update the information provided to MICHEL VIVIEN;
iii) to protect the confidentiality of your user name and password; and
(iv) to assume responsibility for any and all activity related to the use of your user name and password.
You are responsible for any loss, fees, damages and any additional costs that may result from the disclosure of false, incorrect or incomplete information by you, or from the failure to update the information provided at the time of your registration or at any other time during your use of the Website.
7. INTELLECTUAL PROPERTY
The Content of the Website, and more generally, all elements communicated or made available on the Website (images, texts, sounds, video photos etc...) is the property of MICHEL VIVIEN and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this Content is strictly prohibited and is likely to constitute an offence of counterfeiting.
8. SECURITY OF ELECTRONIC DATA TRANSFER
MICHEL VIVIEN strives at all times to maintain the highest standards of security online. However, no data transmission over the Internet can be considered completely secure and private. You acknowledge that any message or information you send to the Website could be read or intercepted by third parties.
9. PRODUCTS CHARACTERISTICS
The liable description of the Products is the one published on the Website at the time of the order.
The main characteristics of the Products and in particular the specifications, illustrations and indications on the dimensions or availability of the Products are presented on the Website.
The Customer is required to read them before placing an order and any transaction. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the Website are not contractual and shall not engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
The contractual information is presented in French and English and is subject to confirmation at the latest at the time of validation of the order by the Customer.
10. PRODUCT AVAILABILITY
The images of the Products on the Website are provided solely for information on the MICHEL VIVIEN collections and their publication on the Website does not constitute an offer.
The publication of Product descriptions on the Site constitutes only an invitation to make an offer. By placing an Order, the User makes an offer to MICHEL VIVIEN who has the right and not the obligation to accept or reject it at its sole discretion.
11. PRICE
The Products are supplied at the prices in force on the Website at the time the order is recorded. Prices are expressed in Euros, excluding VAT (valued-added-tax) and all taxes.
The prices displayed on the Website take into account any reductions that may be granted by MICHEL VIVIEN.
These prices are firm and non-negotiable during their period of validity as indicated on the Website. MICHEL VIVIEN reserves the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are billed in addition, under the conditions indicated on the Website and calculated prior to placing the order.
If the Customer requests a shipping method that is faster or more expensive than standard shipping, the additional shipping costs, as they appear at the time of validation of the order shall be fully borne by the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
You acknowledge and accept that the Products may otherwise be subject to customs duties, postal services, tax services or other additional charges relating to the transport, importation or delivery of the Products. These taxes are beyond the control of MICHEL VIVIEN. You undertake, if necessary, to fully bear these additional costs.
In the event of delay of payment and of payment of the sums due by the Customer beyond the time limits fixed above, and after the date of payment appearing on the invoice addressed to the Customer, the penalties of delay appearing on the aforesaid invoice will be acquired automatically and by right to the Company, without any formality nor preliminary formal notice.
In addition, any late payment shall automatically result in the application of a fixed indemnity of forty (40) Euros, without prejudice to the applicable late payment penalties.
Late payment shall also result in the immediate payment of all sums owed by the Customer, without prejudice to any other action that the Seller may take against the Customer in this respect.
Payments made by the Customer shall not be considered final until the Seller has received the amounts due.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set forth above, to suspend or cancel the delivery of orders in progress made by the Customer.
No additional charges in excess of the costs incurred by the Seller for the use of a means of payment may be invoiced to the Customer.
12. INVOICING
An invoice is established by the Seller and given to the Customer at the time of the confirmation of the order by MICHEL VIVIEN. The Customer grants its express consent to the issuance of the invoice in electronic format. If the Customer wishes to receive an invoice in paper format, he can request it at any time by contacting our customer service.
13. ORDER
It is up to the Customer to select on the Website the Products he wishes to order, according to the following terms and conditions:
The User can select the desired Product by filling in the size and add it to his basket. He will be able to choose to continue his purchases or to go to the next step to finalize his order. At any time, the User may go back to add or remove Products from his basket.
The Customer has the possibility to place this order as a guest by simply filling in his name, first name and email as well as delivery and payment information, without having to create a user account.
The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming its validation. It is the Customer's responsibility to verify the accuracy of his order and to immediately rectify any error.
The registration of an order on the Website is carried out when the Customer accepts the present GTCUS by ticking the box provided for this purpose and validates his order.
The sale is final only once the Customer has received confirmation of acceptance of the order by the Seller by e-mail, which will be sent after the Seller has received the full sale price.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms and conditions described above on the Website, constitutes the formation of a contract entered into remotely between the Customer and the Seller.
In the absence of proof of the contrary, the data recorded in the Seller's computer system shall constitute evidence of all transactions concluded with the Customer.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer will be able to follow the progress of his order on the Website with the order number that will be sent to him by email once it has been validated.
MICHEL VIVIEN is not intended to sell via the Website to professionals, but only to consumers or non-professionals, for their personal needs.
The Vendor therefore reserves the right to refuse orders of the same Product in large quantities, it being specified that the Customer cannot order more than five items at the same time.
13. 1. MODIFICATION OF THE ORDER
Once confirmed and accepted by the Seller, under the conditions described above, the order is not modifiable as a matter of principle.
Any modifications to the order by the Customer may only be taken into account in exceptional cases and subject to express acceptance by the Seller. To do so, you must contact MICHEL VIVIEN as soon as possible and before shipping your Products at the following address: boutique70@michelvivien.fr.
MICHEL VIVIEN will make its best efforts to respond favorably to your request. However, this request will constitute a simple wish and the Vendor cannot guarantee that the order can be cancelled or modified.
13.2 MODALITIES OF THE ORDER
To place an order on the Website, you must be over the age of majority and capable under applicable law. You must then fill out the form provided for this purpose and follow the Website's instructions, in particular by reading and accepting the GTCUS and the Website's Personal Data Protection Charter (hereinafter referred to as the "Charter").
Your Order is subject to the availability in stock of the Product(s). The Products selected in your basket are not reserved for you and may be purchased by other users until confirmation of your Order.
The Products are intended for your personal use only and not for resale. The purchase of Products intended for resale is therefore strictly prohibited. By placing an Order, you guarantee that you will make personal use of them.
MICHEL VIVIEN, at its sole discretion, reserves the right not to confirm an order, in particular, and without limitation, in the event that it suspects the User of having placed it for resale purposes or of having violated these GTCUS.
At the time of your order, you must specify the means of payment that you intend to use among those accepted by MICHEL VIVIEN, the validation of the order constituting a firm and final commitment to pay.
13.3 METHODS OF PAYMENT
The following means of payment are accepted by MICHEL VIVIEN:
Visa or Master Card
Only personal payment cards (excluding business cards) whose holder is a natural person residing at the billing address are accepted.
Your payment card will only be debited at the time of confirmation of your Order by MICHEL VIVIEN.
The corresponding invoice will be sent to you with the order confirmation to the e-mail address you provided when ordering.
The latter will include a summary of your order, the price of the Products ordered, the amount of shipping costs, taxes and customs duties as well as the payment method chosen by you.
It is specified that any order placed on a holiday or weekend will be processed the next business day.
14. PURCHASE LIMIT
The purchase of Products with a view to their subsequent resale is prohibited. Therefore, any order is limited to a maximum of five Products. If you wish to acquire more Products for strictly personal use, we invite you to contact customer service that will inform you on the procedure to follow.
15. ORDER AS A VISITOR
MICHEL VIVIEN gives you the possibility to place your order without creating an account. No personal data will be saved. However, we advise you to create an account in order to benefit from your MICHEL VIVIEN privileges. Moreover this one will enable you to follow your orders, to reach your histories as well as your invoices.
16. SHIPPING NUMBER
MICHEL VIVIEN will send you, when your order is shipped, a shipment confirmation email that will contain your order tracking link.
To ensure the security of your order, MICHEL VIVIEN does not directly provide your tracking
number but the DHL tracking link.
17. TRANSPORT AND DELIVERY
The Products will be delivered exclusively to the address indicated on the Website at the time of the order. You will be charged shipping costs, which may vary depending on the type of shipment and the place of delivery of the Products. The amount of the shipping costs will be indicated to you at the time of the order in euros.
You accept and acknowledge that shipping options vary depending on the country to which your order is to be delivered. Deliveries are made by DHL exclusively, with delivery against signature.
In all cases, you will have access, via the DHL interface, to the delivery date provided by the carrier, after confirmation of your order.
MICHEL VIVIEN undertakes to ship your order as soon as possible after the conclusion of the transaction and within a maximum period of 30 days. Delays may nevertheless occur in the event of unforeseen circumstances or events beyond our control. In the absence of receipt within the above-mentioned period, it is advisable to inform us so that we can make an inquiry with the carrier and set a new delivery date.
At the time of delivery of the Products, you must immediately check that the packaging is intact and has not been altered in any way whatsoever. If the packaging is damaged, MICHEL VIVIEN advises you to take detailed pictures of the package and the Products upon receipt, to make an immediate declaration to the carrier in charge of delivery by expressing your reservations as soon as the Products are delivered, and to inform our customer service without delay.
In the event of a reservation formulated under the conditions mentioned in the previous paragraph to the carrier and our customer service, an inquiry will be opened with the carrier and a response will be sent to you as soon as possible.
In the absence of such an express reservation, the delivery will be considered as accepted and no dispute on the packaging can validly be made thereafter.
The Seller also offers free pick-up at his point of sale at 70 rue du Faubourg Saint Honoré 75008 Paris.
18. WITHDRAWAL
18.1 Conditions relating to the condition of the Product
Pursuant to Article L121-21 of the French Consumer Code, the Customer has the right to withdraw from this contract concluded at a distance without giving any reason within 14 calendar days.
The withdrawal period shall expire 14 calendar days from receipt of the Products.
MICHEL VIVIEN accepts the return of the Products on condition that they are returned in their original condition and that a copy of the purchase invoice and the return authorization number are attached.
On the other hand, MICHEL VIVIEN does not accept any return of Products that appear to have been used or damaged. In particular, the sole of the shoes is fragile, it must not be marked and must be in its original state. You should therefore try the shoes on a clean carpet until you are sure you wish to keep them. In the event that you return them with a damaged outsole, the Seller reserves the right to refuse their return.
18.2 Return Request
To exercise the right of withdrawal, the User must notify us of his decision to withdraw from the contract using the standard withdrawal form in the appendix within 14 days following receipt of your Order.
To do so, you can download a return label from the Website in "My Account" section (or in the "Return" tab if you have ordered as a guest).
The Products will not be accepted by MICHEL VIVIEN if they have not been returned within 14 days of receipt in accordance with the aforementioned return policy.
Under no circumstances can Products be returned directly to MICHEL VIVIEN points of sale.
18.3 Method of return
You will bear the cost of returning the Product(s) and must comply with the terms and conditions of return as mentioned on the return notice inserted in the shipping box of your order.
All returned Products must be protected and packaged in their original box and package and be accompanied by all accessories present when the package is opened. Failing this, you will be charged a fee.
Please:
• print the e-mail indicating the return authorization number and the DHL label.
• place the original box(es) in the shipping carton, the return authorization email sent by MICHEL VIVIEN as well as the purchase invoice.
• carefully close the shipping box and deliver it with the label to a DHL relay point in accordance with the opening hours of the latter.
You undertake to take particular care of the packaging of the Product you are returning. If the returned Product has been damaged due to incorrect packaging, MICHEL VIVIEN reserves the right to refuse the return or to accept it but deducting the cost of collection and repair from the amount to be credited back to you.
After reception of the Products returned by you, and provided that the conditions of return are met, MICHEL VIVIEN will notify you by e-mail that the total or partial refund of the amount of your order is being processed. A refund will then be carried out via the means of payment used at the time of the order.
19. AFTER-SALES SERVICE
The Seller undertakes to ensure that high quality standards are observed in the manufacture of all Products. Each Product is checked before shipment.
However, if your Product purchased less than six months ago has a defect, please contact customer service immediately at the following address: boutique70@michelvivien.fr
Please indicate in your email the alleged defect and attach all documents in support of your request (detailed photos of the Product, date of purchase, order number, etc.).
After examination of these elements, MICHEL VIVIEN reserves the right to retrieve the Product in order to conduct a physical expertise.
In the only case of a recognized defect, MICHEL VIVIEN will, at its sole discretion, either repair the Product or replace it within the limit of available stocks, depending on the nature of the defect.
MICHEL VIVIEN reserves the right to refuse to respond positively up on a late claim, a claim relating to a defect for which you are responsible or if it is an imperfection due to the nature of the Product itself (certain Products may present small irregularities and/or asperities inherent to their manufacturing process or to the material used).
20. LEGAL WARRANTIES
The Products supplied by the Seller also benefit, in accordance with the applicable legal provisions, from the guarantee of conformity under Articles L217-4 and seq. of the French Consumer Code and the guarantee for hidden defects under Articles 1641 and seq. of the French Civil Code.
If it is established that one of these legal guarantees is committed, the Seller undertakes, at the Customer's option, to repair or exchange the non-compliant or defective Products. If the repair and replacement of a Product is impossible, the Customer may return it and receive a refund of the purchase price paid or keep the good and request a credit note for part of the price.
21. LIMITATION OF LIABILITY
The Seller shall in no event be held liable in the event of a defect resulting from use of the Product by the Customer, and in particular, without this list being exhaustive, in the event of discoloration due to the effect of perspiration, shock and/or natural wear and tear.
Moreover, MICHEL VIVIEN shall not be held liable in the absence of gross negligence or willful misconduct established in connection with your use of the Website.
22. FORCE MAJEURE
The Parties may not be held liable if the non-execution or delay in execution of any of their obligations, as described herein, results from a case of force majeure, as defined by Article 1218 of the French Civil Code.
23. SIZING GUIDE
Sizing information is included in the description of each Product. MICHEL VIVIEN offers you this informative table to help you find the size that suits you and declines all responsibility if the Product should be prematurely damaged due to the choice of an unsuitable size by the Customer.
24. GUARANTEE OF AUTHENTICITY
MICHEL VIVIEN sells its Products of quality through the Website www.michelvivien.fr and in its points of sale listed on the Website.
MICHEL VIVIEN cannot guarantee that Products purchased elsewhere will not be counterfeit, altered, second-hand or of dubious origin.
All the other websites other than the Website which would contain the name "MICHEL VIVIEN" in the domain name are sites not authorized to sell Products branded MICHEL VIVIEN and potentially sell counterfeit products.
25. ERRORS AND INACCURACIES
The purpose of MICHEL VIVIEN is to provide you with complete, accurate and up-to-date information on the Website. It is unfortunately not possible to guarantee you a Website free of human or technological errors. The Website may contain typographical errors, inaccuracies or omissions, some of which may relate to the price, availability, or characteristics of the Products. MICHEL VIVIEN reserves the right to correct such errors, inaccuracies or omissions, even after an order has been placed, and to modify and/or update the aforementioned information at any time and without notice.
26. SECURITY OF ELECTRONIC DATA TRANSFER
MICHEL VIVIEN is committed to always maintaining the highest safety standards.
In particular, when you pay on the Website, the payment is made in a secure manner. The Vendor does not have access to your confidential banking data. Only its banking partner, CREDIT DU NORD, has access to this confidential information (card number, validity date, secret code) for the purposes of the transaction and this information cannot be consulted by any other third party.
27. PRIVACY AND PROTECTION OF PERSONAL DATA
Any personal data concerning you that MICHEL VIVIEN collects via the Website is subject to the MICHEL VIVIEN Charter, which is available by clicking on the following link: https://shop.michelvivien.fr/fr/content/7-donnees-personnelles.
By placing an order, you agree and understand that we may collect, use, store and process your personal data in accordance with our Charter.
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (general regulations on data protection) 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 his personal data by writing to the following address: boutique70@michelvivien.fr.
28. LINKS TO OTHER SITES
The creation or maintenance of a link to the Website must be previously authorized in writing by MICHEL VIVIEN. MICHEL VIVIEN may, without prior notice and at its sole discretion, temporarily or permanently, at any time, revoke any such authorization. The Website may indeed contain links to other websites or may itself be accessible via other websites. MICHEL VIVIEN provides and authorizes these links for your convenience but is not responsible for the content of any websites linked to the Website. The fact that links to other websites are included on the Website does not mean that MICHEL VIVIEN approves, endorses, sponsors or recommends these sites. Thus, MICHEL VIVIEN does not provide any warranty, express or implied, as to the accuracy, legality, reliability or validity of any content of any website other than the Website.
29. APPLICABLE LAW AND DISPUTE RESOLUTION
In the event of litigation, the Customer will address, by priority, to MICHEL VIVIEN to try to find an amicable solution. The complaints or disputes will always be received with attentive benevolence.
The Customer has in addition the faculty to resort free of charge to a mediator of the consumption under the conditions fixed by the articles L. 611-1 and seq. of the Code of the consumption. We also inform you that in application of European Regulation No. 524/2013, you may request the resolution of your dispute via the online dispute resolution platform accessible from the following link: http://ec.europa.eu/consumers/odr/.
In the absence of an amicable resolution of the dispute, any dispute relating to the execution or interpretation of these general conditions and the orders that are subject to them will be under the exclusive jurisdiction of the French Courts.
The applicable law shall be French law.
In the event of translation into a foreign language of the present conditions, only the French text will be authentic.
If any provision of these GTCUS is deemed unwritten for any reason whatsoever, the other clauses of the GTCUS shall remain in force without being altered or invalidated in any way.
APPENDIX 1
WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on "www.michelvivien.fr", except for exclusions or limitations to the exercise of the right of withdrawal according to the General Terms and Conditions of Sale and Use of the Website.
To the attention of:
SARL MOLIERE having for brand " MICHEL VIVIEN ".
6 rue de Nice, 75011 - PARIS, registered with the RCS of PARIS under the number 488 108 184.
I hereby give notice of withdrawal from the contract concerning the order of the services below:
- Order from ...........................................................
- Order number: ...........................................................
- Customer's name: ...........................................................................
- Customer's address: .......................................................................