GTC
Terms & Conditions
Myras SAS
Updated on: July 07, 2023, 10:00 a.m.
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 and Companies Register of Troyes under number B 903 495 000.
II. Practical application
These General Terms and Conditions of Sale (the "GTC") apply upon access to the Myras Online Boutique www.myras-shop.fr (the "Site") or when ordering to purchase one or more products or services (“Products”) presented on the Site.
The Site markets ready-to-wear products and accessories.
The Site is reserved for retail sale to private individuals acting for personal purposes (the "Customer").
The GCS are intended to define the contractual relationship between the Seller and the Customer, and the conditions applicable to any purchase made through the site.
The Customer declares and guarantees to act as the final consumer of the products he orders.
The Customer agrees to read these T&Cs carefully before using the Site and placing an order. The validation of the order therefore implies acceptance of the GCS.
Myras SAS reserves the right to modify these T&Cs 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 site www.myras-shop.fr is an e-commerce site managed by Myras SAS. The Site is accessible via the Internet network 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 or consultation with 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 information transmitted or obtained through 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 the 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 Vendor incurs no liability in the event of stock shortages 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 undamaged and unworn Products, these two conditions being checked before returning the returned Products to stock.
V. Orders
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 may 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 (title, surname, first name or company name, postal address, e-mail address, password, phone).
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 it.
In the event of refusal of the Order, the Seller undertakes to notify the Customer electronically or by telephone as soon as possible. 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 resale on a professional basis. Consequently, Myras SAS has the right to refuse an order made 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.
All prices displayed are calculated and include value added tax (VAT) applicable in France. Any change in the VAT rate will be applied without delay to the price of the Products. The prices indicated are in Euros and do not take into account the delivery costs, invoiced in addition and indicated during the validation of the order.
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 when the actual Order is placed.
The validation of the order can only be effective from the complete payment of the Products.
VII. Terms of payment
The Customer agrees to pay for his Products in cash when Ordering 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 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 during the Order constitutes authorization to debit his account up to the price of the Products ordered.
Payment for purchases is made either via the secure platform of our payment provider PayPlug, or via Paypal.
Myras SAS does not have access to the Customer's payment data, which is managed directly by the third-party company PayPlug, or Paypal.
PayPlug Services is a French simplified joint-stock company registered with the Paris RCS under number 751 658 881, whose head office is located at 110 avenue de France – 75013 Paris. For any information, the Customer can consult the following website: https://www.payplug.com/
The T&Cs concerning payment in instalments offered by our payment partner PayPlug via Oney can be viewed at the following address: cgv-payplug-oney.pdf (hubspotusercontent00.net)
Paypal (Europe) S.hasrL et Cie, is a Luxembourg partnership limited by shares, registered in R.VSS of Luxembourg under number B118349, whose registered office is located at 22-24, Boulevard Royal – L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com.
During each transaction, the PayPlug service provider and the banks of the payment issuer 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 a blocked Order for suspicion of fraud.
The Customer acknowledges that the communication of his credit card number during the Order constitutes authorization to debit his account, for the payment of the price of the Products ordered. If applicable, an Order cancellation notification for non-payment is sent to the Customer by Myras SAS to the email address provided by the Customer when registering on the Site.
The data recorded and stored, excluding payment data, by Myras SAS constitutes proof of the Order and of 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 Pick-up Point, subject to the acceptance of the package by the selected Pick-up Point), or by the receipt of the Products at the postal address indicated, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of 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). intercom, etc.)
Myras SAS only delivers to the European Union, Switzerland and the United Kingdom.
Transport is provided by the services of Colissimo, Chronopost, DPD, Mondial Relay, Fedex, UPS or DHL depending on the option chosen by the customer when validating the order.
The delivery costs are those indicated on the Site at the time of placing the Order by the Customer, they are also mentioned in the "Delivery & Return" section on the Site.
Myras SAS undertakes to deliver the packages for delivery to the carrier within seven (7) working days after validation of the order, this period being counted from the first working day after validation of the order. the command. The transit time varies according to the carrier chosen, the date of the order and the date of delivery to the carrier.
If the indicated Delivery time 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. The reimbursement of the 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 in the delivery of the Order by the carrier chosen for the Delivery.
The Seller is not liable in the event of failure of the Carrier in the delivery of the Product(s), failure which would be attributable exclusively to the Carrier in accordance with article Art. L 121-19-4 of the Consumer Code.
In the event of non-delivery attributable to the carrier, the Customer must contact the service of the Carrier used directly.
Myras SAS will not be held responsible for any action and/or fees 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, an 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 cannot give rise to an order cancellation or price reduction.
However, if delivery does not occur more than thirty (30) days after the estimated delivery date, the Customer will have the option of requesting the cancellation of the order. The Seller undertakes to reimburse all the sums paid by the Customer for the said order.
IX. Returns
The customer can 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 express his wish to return the item(s) of his choice.
Only unworn, unused, unwashed and undamaged Products may be returned. They must be in their original undamaged packaging.
To do so, he must follow the following steps:
The customer must send an email to the address contact@myras-shop.com, then indicate in it his return request, specifying the or the items he wishes to return. He must imperatively indicate his order number in his request, to facilitate its processing.
Once the email and the request have been received Myras, the return request will be studied in order to send a response to the customer indicating whether or not it is admissible.
The customer will receive in this email the procedure to follow to return his order as well as a free return label to return his package to us.
The customer must make sure to pack the products well in order to avoid any damage when returning them.
The full refund will be made within a maximum of fourteen (14) days from the date of receipt of the returned package, through the payment method used by the Customer when placing the Order.
Only returns are offered to the customer, exchanges are not possible. If the customer wishes to exchange an item, he must first return his order (free of charge) then reorder with the items of his choice.
X. Withdrawal Right
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 her decision.
The Customer may exercise his right of withdrawal by sending the withdrawal form appearing in Appendix 1 of these GCS by post to the address: Myras SAS - 53 rue de la Paix, 10000 Troyes or by email to the address contact@myras-shop.com
Only unworn, unused, unwashed and undamaged Products 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 refund 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.
XI. Legal guarantees
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 warranties.
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 has a period of two (2) years from the date of delivery of the package to contact the Seller by mail 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.
Proceed with a full refund for returned non-compliant Products when the replacement or repair of the non-compliant product is not possible within thirty (30) days after the declaration of non-compliance 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:
- refund 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 Commercial Code are not mutually exclusive, and do not deprive the Customer of any other contractual or commercial guarantee possibly granted by Myras SAS.
They also do not deprive the Customer of his right of withdrawal within a period of fourteen (14) days defined in Article X of these GCS.
XII. Limiting liability
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, unforeseeable event beyond the control of 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 a period of (14) days by email or post. recommended, specifying the force majeure event in question and the consequences (cancellation of order, impediments, delays, etc.).
The Seller cannot be held responsible for any delay or non-performance of 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.
The Seller is not liable in the event of failure of the Carrier in the delivery of the Product(s), failure which would be attributable exclusively to the Carrier in accordance with article Art. L 121-19-4 of the Consumer Code.
In the event of non-delivery attributable to the carrier, the Customer must contact the service of the Carrier used directly.
XIII. Retention of Title
Myras SAS retains ownership of the Products ordered until full payment 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. Non renunciation
The absence of action on the part of Myras SAS and the non-use of its rights granted to it by these T&Cs can in no way be interpreted as a waiver to assert said rights.
XV. Partial invalidity
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 T&Cs.
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 an Order or a Sale, the Customer has the option of taking legal action exclusively with the 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 relating 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, electronically at the address cm2c@cm2c.net ou 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 to be sent by registered letter with acknowledgment of receipt within a maximum period of 14 days following the date of the order.
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For the attention of Myras SAS – 53 rue de la Paix – 10000 Troyes, France
Email:
I will notify you by the presence 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 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:
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For any information, you can contact Customer Service at contact@myras-shop.com