GTC
General Terms and Conditions of Sale
Myras SAS
I. Vendor ID
Myras SAS (hereinafter referred to as "the Seller") is a simplified joint-stock company with a capital of €10,000 whose head office is located at 53 rue de la Paix – 10000 Troyes, registered in the Trade Register and Societies of Troyes under number B 903 495 000.
II. Apps
These General Terms and Conditions of Sale (the "GTC") apply upon access to the Myras Online Shop www.myras-shop.fr (the "Site") or when placing an order for buy one or more products or services (“Products”) presented on the Site.
The Site sells ready-to-wear products and accessories.
The Site is for sale only retail to private individuals acting for personal purposes (the "Customer").
The T&Cs are intended to define the contractual relationship between the Seller and the Customer, and the conditions applicable to any purchase made by the through the site.
The Customer declares and guarantees to act as the final consumer of the products he orders.
The Customer undertakes to read these T&Cs carefully before using the Site and place your order. Validation of the order therefore implies acceptance of the GCS.
Myras SAS reserves the right to modify these GCS at any time. It is, however, agreed that the Conditions applicable to the Customer will be those in force on the date of his order on the Site.
III. Website
The www.myras-shop.fr site is an e-commerce site managed by Myras SAS. The Site is accessible via the Internet in principle without interruption, except in exceptional cases (maintenance, security or other cases of force majeure).
The Seller reserves the right to modify or develop the Site without notice nor consultation of the Customer.
Myras SAS cannot be held responsible for any damage, whatever its nature, created by the temporary unavailability of the Site.
IV. Product Information
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Myras SAS. As such, Myras SAS cannot be held responsible for the cancellation of an Order for a Product due to the depletion of stocks.
Myras SAS takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Myras SAS does not guarantee the accuracy or security of the information transmitted or obtained by means of the Site. Thus, the photographs, graphics and descriptions of the products offered for sale are only indicative and in no way engage the responsibility of Myras SAS. In particular for photographs, color variations may occur; in particular due to the technical limitations of color rendering of computer equipment.
Myras SAS undertakes to honor orders received only within the limits of available stocks. In the event of unavailability, the Seller undertakes to inform the Customer as soon as possible. The Seller incurs no liability in the event of out of stock or unavailability of the Products.
It is possible that the Customer may receive following an Order a part previously returned by another person.It is specified that Myras SAS only accepts the return of Products that are intact and unworn, these two conditions being checked before the returned Products are returned to stock
V. Command
Orders are taken on the initiative of the Customer, who must follow the procedure set up on the Site. To place an order, the Customer must select one or more items and add them to his basket (basket icon, hereinafter referred to as "Basket") which summarizes the Products selected by the Customer as well as the corresponding Prices.
Before validation of the order, this Basket can be freely modified by the Customer.
The Customer can then either: create an account by completing the form made available to him with his personal information requested (civility, surname, first name or company name, postal address, e-mail address, password, telephone number).
Or order as a guest, without creating a customer account on the site. Then, he will have to fill in his information to place an order, but will not have access to a dedicated customer area.
Once the identification step has been completed, the validation of the Order is done by clicking on the acceptance button of the GCS and by proceeding to the payment of the said Order. For payment, the Customer will be asked to fill in his bank details.
Following the order, a confirmation email summarizing the Products, prices, availability, quantities and delivery address will be sent to the Customer from the Seller.
The final validation of the order is then subject to acceptance by the Seller. The Seller reserves the right to refuse an order for any reason and cannot be held responsible for this.
In the event of refusal of the Order, the Seller undertakes to notify the Customer electronically or by telephone a.s.a.p. This order refusal may occur after the summary confirmation email sent to the Customer by the Seller has been sent.
Myras SAS prohibits the use of its Site for professional purposes, i.e. purchase for professional resale. Consequently, Myras SAS has the right to refuse an order placed by a professional or by a person acting for professional purposes, if in particular the quantities of items ordered are abnormally high and exceed the needs of a particular Customer.
VI. Price
The Seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Depending on the Customer's country of origin, certain taxes and customs duties may be applied to the Price. These other taxes and customs fees must be paid by the Customer directly to the carrier.
The amount of the order is payable in cash at the time of the actual Order.
The validation of the order cannot be effective only from the complete payment of the Products.
VII. Terms of payment
The Customer undertakes to pay for his Products in cash when placing the Order on the Site.
The Seller offers several payment solutions to the Customer. The Customer therefore has, at his choice, all the payment methods made available to him by the Seller. No other form of payment can be accepted outside of these solutions.
The Customer guarantees to the Seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order
The Customer expressly acknowledges that the communication of his credit card number at the time of the Order constitutes authorization to debit his account up to the price of the Products ordered.
Myras SAS does not have access to the Customer's payment data which is managed directly by the company third party PayPlug.
PayPlug Services is a French simplified joint-stock company registered with the RCS of Paris under number 751 658 881, whose registered office is located at 110 avenue de France – 75013 Paris. For any information, the Customer may consult the following website: https://www.payplug.com/
During each transaction, the PayPlug service provider and the banks of the issuer of the payment carry out an analysis of the transaction, in order to limit the risk of fraudulent behavior. Following this analysis, some Orders may be blocked. As such, Myras SAS cannot be held responsible for any refusal to proceed with an Order blocked for suspicion of fraud.
The data recorded and stored, excluding payment data, by Myras SAS constitutes proof of the Order and all past sales. The data recorded by PayPlug constitutes proof of any financial transaction between the Customer and Myras SAS.
VIII. Delivery
Delivery means the transfer to the Customer of physical possession or control of the goods (the "Delivery"). The products ordered are delivered according to the methods and the deadline specified below.
Delivery takes place, according to the Customer's choice, either by the collection of the Products at the selected collection point (at a Relay Point, under subject to acceptance of the parcel by the selected Relay Point), or by receipt of the Products at the postal address indicated, it being specified that this must be the residential address of the Customer, of a natural person of his choice or a legal person (delivery to his company).
Any package returned to the seller because of an incomplete or incorrect delivery address will be reshipped to the Customer at his expense. The Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building, staircase, access codes, names and/or telephone numbers). 'interphone, etc.).
Myras SAS only delivers to the European Union, Switzerland and the United Kingdom.
Transport is provided by Colissimo, Chronopost, DPD, Mondial Relay, Fedex, UPS or DHL depending on the option chosen by the customer when validating the order.
Myras SAS undertakes to deliver the packages for delivery to the carrier within a period of seven (7) working days after the validation of the order, this period being counted from the first working day after the validation of the Order. The transit time varies depending on the carrier chosen, the date of the order and the date of delivery to the carrier.
If the delivery time indicated is exceeded, and the Delivery has not been completed, the Customer may submit a request to cancel the Order and request a refund from Myras SAS. Reimbursement of sums paid during the order will be obtained within a maximum period of (14) days by the customer, from the receipt and acceptance of his request by Myras SAS.
Myras SAS cannot therefore be held responsible for delays or delivery problems encountered on the delivery of the Order by the carrier chosen for the Delivery.
Myras SAS can only refund the Order to the exclusion of any other form of compensation to the Customer
Myras SAS will not be held liable for any action and/or costs and/or taxes (which are the Customer's responsibility) and/or delays due to customs services over which it has no control.
For the delivery times and methods indicated above, a exception exists for "pre-orders". For pre-order operations, the Seller indicates that delivery may take place up to three (3) months after the date of the Customer's order. An estimated delivery date or time will be provided to the Customer by the Seller. Exceeding this date may not give rise to cancellation of the order or reduction of the price.
However, if delivery does not take place more thirty (30) days after the estimated delivery date, the Customer will have the possibility of requesting the cancellation of the order. The Seller undertakes to reimburse all the sums paid by the Customer for the said order.
IX. Back
The customer may change his mind and decide to return his order to Myras SAS for whatever reason.
The customer has a period of 15 days from receipt of his order to demonstrate their desire to return the item(s) of their choice.
Only unworn, unused, unwashed and undamaged Products may be returned. They must be in their original undamaged packaging.
The customer must send the item(s) they wish to return by post to the following address: 2 avenue Maréchal Joffre 10000 Troyes.
To do so, he must follow the following steps:
The customer must log on to his customer area "my account", then go to the "my returns" section and then must select the item(s) he wishes to return.
Once the request has been made, he receives a confirmation email with a return form.
He must print this return form, fill it in as indicated, slip it inside the package to be returned. This return form is essential for the proper processing of his request and for the reimbursement.
The customer must make sure to pack the products well in order to avoid any damage when returning them.
The reimbursement will be made within a maximum of fourteen (14) days from the date of receipt of the returned package, through the means of payment used by the Customer when placing the Order.
X. Right of withdrawal
In accordance with Articles L. 121-16 and following of the Consumer Code, the Customer has a period of fourteen (14) days from the day of receipt of the product purchased on the Site to exercise his right of withdrawal from Myras SAS, without justifying his decision.
The Customer may exercise his right of withdrawal by sending the withdrawal form in Appendix 1 of these GCS by post to the address: Myras SAS - 53 rue de la Paix, 10000 Troyes or by email to contact@myras-shop.com
Only Products that are unworn, unused, unwashed and undamaged may be subject to withdrawal.
The Customer benefits from his right of withdrawal free of charge. Only the costs related to the return of the Product are the responsibility of the Customer. The Seller will not provide any reimbursement for the cost of returning the Product by the Customer.
The Product must be returned to Myras SAS within fourteen (14) days of sending the withdrawal form.
The product must be returned in its original packaging, with its tag attached, in its original condition, new, unworn and unwashed.The Product must be accompanied by a copy of the purchase invoice
As soon as the package is received by Myras SAS, the Seller will send an email confirming receipt of the returned Product and will refund the Customer. The refund will be made within fourteen (14) days from the date of receipt, using the same means of payment as that used by the Customer when placing the Order.
The Products sold by Myras SAS on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Customer to return free of charge the Products delivered defective or non-compliant.
Products modified, damaged, repaired or used inappropriately by the Customer are excluded from these guarantees.
1. Legal guarantee of conformity
If the Customer finds that the Product received does not comply, within the meaning of Article L. 217-4 and following of the Consumer Code, he benefits from a period of two (2) years from the date of delivery of the package to contact the Seller by post or email.
When the legal guarantee of conformity is implemented, the Seller undertakes to:
Replace or repair the non-conforming product when possible, within thirty (30) days after the declaration of non-conformity of the Product by the Customer. replacement or repair of the non-conforming product is not possible within thirty (30) days after the declaration of non-conformity of the Product by the Customer.
2. Legal warranty against hidden defects
If the Customer notices a latent defect within the meaning of article 1641 of the Civil Code, he can exercise the legal guarantee against latent defects within two (2) years from the discovery of the defect .
The request must be sent to Myras SAS by post to the address: Myras SAS - 53 rue de la Paix, 10000 Troyes or by email to the address contact@myras-shop.com
If the Customer manages to prove the hidden defect and when the guarantee against hidden defects is implemented, Myras SAS undertakes, according to the Customer's choice and after evaluation of the defect, to:
- reimburse the full price of the returned Product,
- or refund part of the price of the Product if the Customer decides to keep the Product.
The legal guarantee of conformity and the legal guarantee against hidden defects provided for by the Code of trade are not mutually exclusive, and do not deprive the Customer of any other contractual or commercial guarantee possibly granted by Myras SAS.
Nor do they deprive the Customer of his right to withdrawal within fourteen (14) days as defined in Article X of these GCS.
XII. Disclaimer
The Seller cannot be held liable for any damage that does not result from a breach by Myras SAS of its obligations.
The Seller cannot be held liable for the occurrence of an event of force majeure which designates any external event, unforeseeable, not controllable by Myras SAS which prevents the normal functioning of the company.
In the event that Myras SAS cannot meet its commitments due to an event of force majeure, Myras SAS undertakes to inform the customer within (14) days by email or post. recommended by specifying the event of force majeure in question and the consequences (cancellation of order, impediments, delays, etc.)
Then, the Seller cannot be held responsible for a delay or non-execution obligations resulting from a case of force majeure. In the event of cancellation of the order by Myras SAS, the Seller undertakes to reimburse the sums paid by the Customer.
XIII. Retention of Title
Myras SAS retains ownership of the Products ordered until full collection of the price (including fees, taxes and mandatory contributions) by Myras SAS.
The Customer assumes the risks (in particular of loss, theft or damage) concerning the Products delivered upon delivery to the address indicated when ordering.
XIV. No waiver
The absence of action on the part of Myras SAS and the non-use of its rights granted to it by these GCS can in no way be interpreted as a waiver to assert said rights.
XV. Partial disability
If one or more of the stipulations of the GCS were deemed illegal or invalid pursuant to a law, regulation or following a final decision of a competent court, this invalidity could not result in the invalidity of the other provisions of these GCS.
XVI. Applicable law - disputes
These T&Cs are governed by French law and subject to French law.
In the event of a dispute arising from a Order or Sale, the Customer has the option of taking legal action exclusively with competent French courts to resolve a dispute. These T&Cs do not preclude the application of a provision more favorable to the Customer, which cannot be derogated from by agreement, under the law of the country where the Customer has his habitual residence.
In the event of a dispute related to the application of these GCS or a dispute during an Order, the Customer may contact Customer Service by email contact@myras-shop.com or by post at 53 rue de la Paix, 10000 Troyes. However, if no amicable agreement is found and in accordance with article L.612-2 of the Consumer Code, the Customer may use the services of a Mediator: the CM2C, to which Myras SAS is a member, by electronic means to the address cm2c@cm2c.net or by post: CM2C - 14 rue Saint Jean - 75017 Paris, in accordance with article L. 612-1 of the Consumer Code. The Mediator's Service can be contacted for any consumer dispute whose amicable settlement has not been successful.
The Customer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/, in particular in the event of a cross-border dispute.
ANNEX
Annex 1: Model withdrawal form
To be completed by the Customer and sent by registered letter with acknowledgment of receipt within a maximum period of 14 days following the date of the order.
___
Attention de Myras SAS – 53 rue de la Paix – 10000 Troyes, France
E-mail:
I hereby notify you of my withdrawal from the contract relating to the sale of the property(ies) ) below: (identification of the product(s) on which the right of withdrawal is exercised)
Ordered on ……………..(date of the order) and/or received on ……………..(date of delivery)
Name of consumer Customer:
Address of consumer Customer:
Signature of consumer Customer (only if this form is notified on paper)
Date:
___
For any information, please contact Customer Service at contact@myras-shopcom