These general conditions of sale are concluded between, on the one hand:
SEMIC DISTRIBUTION SARL
45 rue Broca, 75005 Paris, France
Hereinafter referred to as "SEMIC"
And, on the other hand, Internet users who wish to make a purchase on our site visible at the address: https://www.maison-ghibli.com.
Hereinafter referred to as "the Customer".
These conditions govern the sale of any product presented on the site www.maison-ghibli.com by our company SEMIC DISTRIBUTION SARL.
The parties agree that their relationship will be exclusively governed by this contract, to the exclusion of any other conditions. Items are only offered for sale to non-commercial natural persons. They are concluded intuitu personae and therefore cannot be the subject of any assignment of any kind whatsoever.
Any order duly validated on our site, implies the total and without any reservation adherence to these general conditions of sale and, possibly, to the special or specific conditions for one or more products or orders.
ARTICLE 1. OBJECT
The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by our company to the Customer, from order to delivery, through payment and use of services made available.
ARTICLE 2. SCOPE
These General Terms and Conditions govern the sale of products on the day of the placing of the order by the Customer.
They apply to all methods of placing orders remotely that we offer you, whether the order was placed via the internet or by telephone.
ARTICLE 3. ORDER
Ability to contract
Any Customer, of our company, declares to have full legal capacity, allowing him to commit himself under these General Conditions of Sale. We reserve the right to cancel and refuse any order from a Customer with whom exists or appears during the processing of an order, a dispute, in particular a dispute relating to the payment of a previous order.
Acceptance of the Terms by the Customer
The fact of ticking the box "I have read and I accept the General Conditions of Sale" before proceeding to the payment, constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in these Conditions under the paragraph "right of withdrawal". You acknowledge by this act that you have read, understood and accepted these Terms.
Placing an order
The language proposed for the conclusion of the contract is French.
You can place your order with our website https://www.maison-ghibli.com 24/7.
The ordering process consists of five successive steps.
1/ First, you must select the product(s), then validate your shopping cart.
2/ Then, you must check the selected products with the color and size options, and indicate the quantities requested.
3/ The order can only be registered on our site if you have clearly identified yourself, either by entering your e-mail address and your personal password, or by mentioning all the information requested for an online registration.
Once identified, you must clearly indicate the information necessary for delivery, this concerns in particular the precise delivery address as well as any accessibility restrictions (building, floor, digicode, etc.).
4/ Before the last step, you must indicate the delivery method chosen.
5/ Finally, you must indicate the chosen payment method, in order to proceed with the payment of your order on the secure interface
In accordance with the provisions of the Civil Code on the conclusion of contracts online, the contract will be concluded when you click on the button allowing you to confirm your order after having viewed the details of it and in particular its total price and having had the opportunity to correct any errors.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.
The online provision of the credit card number and the final validation of the order will be worth proof of the order and payment of the sums for the products ordered.
This validation is worth signature and acceptance of all operations carried out on our site.
An email is automatically sent to confirm your order, provided that the email address indicated in the registration form does not contain any errors.
You can track the status of your order by consulting the "My Account" section and then in "History and details of my orders".
Proof of transaction
The contracts concluded on our website (data relating to your order and GTC in force on the day of your order) are archived for a period of 10 years. They will be considered as proof of communications, orders and payments made between the parties. You can access the archived contracts by making the request by email to the address firstname.lastname@example.org or by post addressed to SEMIC DISTRIBUTION SARL, 45 rue Broca, 75005 Paris, France.
ARTICLE 4. PRODUCT INFORMATION
In accordance with Article L. 111-1 of the Consumer Code, you may, prior to your order, read on our site the essential characteristics of the product(s) you wish to order.
You can select one or more products from the different categories offered.
The information, characteristics, photographs and graphics presented on our site or in the emails sent, are given only as an indication and are for the most part given by the suppliers.
Therefore, the difference in perception of shapes and colors between the photographs or graphics presented and the products can not engage our responsibility.
We will strive to ensure that the photographic representation of the products on our site is as faithful as possible.
As soon as the products are presented in photography with other products, a description will mention what is or is not part of the product.
Our company SEMIC DISTRIBUTION SARL, will not incur any liability for any indirect damage due to the present, including in particular for an operating loss, loss of profit, loss of opportunity, damage or costs, which may occur as a result of the purchase of the products. We will not be liable for any loss of data, files or damages defined in the previous paragraph.
We undertake to honor the orders received only within the limits of the stocks of products available.
In the absence of availability of the product(s), we undertake to inform the Customer as soon as possible.
We may change the assortment of products offered for sale on our site.
Availability may vary within the same day depending on the level of sales.
We carry out a frequent update of availability, but can not be held responsible if the stock is no longer the same as indicated.
The unavailability of a product is mentioned on the page of the product concerned or in the basket summary. If we are unable to obtain an ordered product from our suppliers, we will inform you of the expected delay or complete unavailability by email or telephone.
You can then request either the exchange of the unavailable product, or the cancellation of the order and the refund of the sums paid within 30 days at the latest of their payment.
No cancellation compensation, apart from the full refund of the said Order, can be requested.
ARTICLE 5. PRICE
The selling prices of the products indicated are expressed in Euros and are inclusive of all taxes (TTC). The selling prices of the products are those in force on the date of sending the validation of the order.
The selling prices of the products may be changed at any time.
The prices do not include delivery costs, which are at your expense and which are invoiced in addition to the price of the products purchased according to the amount of the order.
The delivery costs will be indicated before the final validation of the order.
The prices also do not take into account any promotional offers and personal discounts, indicated before the final validation of the order.
Prices include Value Added Tax (VAT) applicable on the day of the order and any change in the applicable rate will be automatically reflected in the price of the products sold.
In addition, if one or more taxes or contributions, including environmental taxes, were to be created or modified, up or down, this change may be reflected in the selling price of the products sold.
Please note that deliveries to countries outside the European Union may be subject to various fees and taxes, including customs and import VAT. These costs are exclusively borne by the buyer.
ARTICLE 6. PAYMENT
Full payment must be made when ordering online.
At no time can the sums paid be considered as a deposit or down payments.
The following payment methods are available to you to pay for purchases made on our site:
- Credit Card (CB, Visa and Mastercard)
Payment is made on the platform 100% secured by Crédit Agricole
- Check payable to SEMIC DISTRIBUTION SARL
Your order will be sent to you upon receipt of the check.
- Via PayPal
Please note that the delivery of the goods will take place after receipt of your payment by our services.
- Payment in instalments with Alma
Payment in several instalments/deferred payment is available through our partner Alma. The security of the payments is ensured by Alma and its service providers. All payments are protected by 3D Secure.
P2X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P3X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P4X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
By paying in several instalments with Alma, the Customer does not pay any fees. Except for the following cases:
P2X: 0.65% per transaction
P3X: 1.31% per transaction
P4X: 1.95% per transaction
Alma is a tele-payment manager and issues an electronic certificate which will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
Any termination of the GTC between the Seller and the customer shall result in the termination of the GCU between Alma and the customer.
To receive your products as quickly as possible, we advise you to pay for your purchases by credit card or PayPal.
The customer will indicate the number on the front of his credit card, the expiry date of his credit card, the cryptogram on the back of his credit card (last 3 digits).
Our Company does not store the banking data of our customers.
The Customer guarantees us that he has the necessary authorizations to use the payment method he has chosen for his order, during the validation of his order form.
Our company SEMIC DISTRIBUTION SARL, reserves the right to suspend or cancel any execution of an order and / or any delivery, whatever its nature and level of execution, in case of non-payment or partial payment of any sum that would be due by the Customer, in case of payment dispute during administration, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use.
The Customer can make his purchases with peace of mind, we undertake to make every effort to ensure the security and confidentiality of the data transmitted online. The site uses a secure method of payment SSL (Secure Socket Layer) which allows the encryption of bank details during their transmission over the network. The Customer may note that the transmission is encrypted by software as soon as the padlock symbol appears in his browser.
The Customer has the original invoice in the "My Account" section on our website
Transfer of ownership
We retain full ownership of the products sold until full receipt of the full price, in principal, including fees, taxes and mandatory contributions.
ARTICLE 7. DELIVERY
We deliver in Metropolitan France as well as in Europe (see details in "Delivery").
For the rest of the world, contact us by email: email@example.com
Terms of delivery
The products are delivered to the address indicated by the Customer on the order form. The Customer must check the completeness and conformity of the information provided to us. We cannot be held responsible for any typing errors and the consequences in terms of delay or error in delivery.
If the parcel is returned to SEMIC DISTRIBUTION, Customer Services will automatically cancel the order and refund the amount paid by the customer.
In the case of delivery to a Point Relais: If the parcel is dropped off at the desired Point Relais, the customer will have a period of 10 working days from the date of receipt at the Point Relais to collect the parcel.
If the parcel is returned to SEMIC DISTRIBUTION, Customer Services will automatically cancel the order and refund the amount paid by the customer.
All products offered on our site are available in stock and are generally dispatched within 48 working hours of receipt of your order. Please note that dispatch from our warehouse is Monday to Friday. As a result, all orders placed on Saturdays and Sundays are dispatched the following Tuesday.
An e-mail is automatically sent to the Customer at the time of shipment of the products, provided that the e-mail address indicated in the registration form does not contain any errors.
No refund of shipping costs will be made in case of delivery within a longer period than those indicated. In addition, these delivery times do not include Saturdays, Sundays and public holidays. In the case of an order that includes one or more unavailable products as well as one or more available products, we ship the order upon receipt of all the products constituting the order.
If the Customer wishes to receive as soon as possible the products available immediately, he is advised to isolate these items in a specific order apart.
The products are packaged in such a way as to comply with the current transport standards, and to ensure optimal protection of the products during their delivery. The Customer is asked to comply with these same standards when returning a product.
Responsibility of the Customer for the verification of packages upon receipt
We remind you that it is the Customer's responsibility to inspect his packages upon receipt in the presence of the delivery person and to notify any anomaly on the delivery note (damage, damage to the package, missing product compared to the delivery note, broken products, delivery date not in accordance with the normal delivery service deadlines ...) to the carrier, as well as to our company, within two working days.
In the event that such information has not been made on the delivery note presented to the Customer by the carrier, the product is deemed accepted by the customer and may not be the subject of any dispute concerning its delivery.
The Customer must at the same time confirm this anomaly by sending the carrier within two working days of the date of delivery a registered letter with acknowledgment of receipt setting out the said claims. The Customer must simultaneously send a copy of this letter (with the original of the "report of spoliation" if applicable) by simple mail to SEMIC DISTRIBUTION SARL, 45 rue Broca, 75005 Paris, France. Any claim received after the deadline will be rejected.
Carrier-related delivery delays
In the event of a delay in delivery compared to the deadlines announced by the carriers, we first suggest that the Customer check with the carrier that the package is not pending, then if necessary to contact the Customer Service by email at firstname.lastname@example.org, in order to open a dispute or investigation file to carry out a search for the package. We cannot be held responsible for any delays in delivery by the carrier.
The Customer must declare the loss within 10 days of receipt of the shipping notice, we will then make the necessary claims to the carrier concerned.
If the package is found, it will be redirected immediately to the Customer's home.
If within fourteen working days and not due to a case of force majeure, the package is not found, the Customer may request the return of the same product at the expense of our company or the refund of the amount paid.
If the product(s) ordered were no longer available at that time, we will reimburse the Customer for the amount of the products affected by the carrier's loss.
ARTICLE 8. RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE
In the context of distance selling (without the simultaneous physical presence of the parties), the Customer has according to Article L 121-20 of the French Consumer Code a period of fourteen clear days to exercise his right of withdrawal without having to pay penalties, with the exception of return costs which remain the responsibility of the Customer. This period runs from the day of receipt of the products by the Customer.
Any return or exchange requests, as well as any return or exchange packages received beyond this period will not be taken into account.
Description of the right of withdrawal
As a consumer customer, you have a period of 14 days to exercise your legal right of withdrawal. In the case of an order for products, the delay is deducted from the receipt of the products. In the case of an order for the provision of a service, the period runs from the acceptance of the offer. If the 14-day period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended until the first following working day. You do not have to provide any reason to exercise your right of withdrawal. You will not incur any penalty.
Procedures for exercising the right of withdrawal
In case of exercise of the right of withdrawal, you must return the PRODUCT to the following address: SEMIC DISTRIBUTION, 37 ter rue Gustave Simonet, 94200 Ivry sur Seine, France.
The return costs are exclusively at your expense. The exercise of the right of withdrawal gives rise to a refund of the sums paid during the order as soon as possible and at the latest 14 days from the date on which you exercised this right. The Customer may at his choice request the creation of a credit note of the sums paid to be used on a future order or the refund by bank transfer. The credit note is valid for 6 months from the date of issue. The credit note is valid only on our website www.maison-ghibliL.com.
Returned products must be returned in their original packaging and in their entirety (accessories, boxes, box, cover, packaging ...).
Regarding mystery boxes, mystery badges, or mystery pendants, products whose boxes have been opened can neither be taken back nor exchanged.
Refund of returns
In the event of the exercise of the right of withdrawal, the Customer may at choice request the creation of a credit note of the sums paid to be used on a future order or the refund of the sums paid. The credit note is valid for 6 months from the date of issue. The credit note is valid only on our www.maison-ghibli.com website.
ARTICLE 9. GUARANTEES
In accordance with Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the Customer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects of the thing sold. This clause is only applicable in the context of a complete payment of the order.
The Customer is expressly informed that we are not the producer of the products presented as part of the site within the meaning of Law No. 98-389 of 19 May 1998 and relating to liability for defective products.
Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the producer thereof may be sought by the Customer, on the basis of the information on the packaging of said product.
In addition, we remind you that the products, services and information offered are in no way a substitute for the constant vigilance of adults.
ARTICLE 10. RESPONSIBILITIES
The products offered comply with the French legislation in force and the standards applicable in France. We cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is the customer's responsibility to check with the local authorities about the possibilities of importing or using the products or services you plan to order.
We cannot be held liable for inconveniences and damages relating to the use of the Internet network such as a break in the service, the presence of computer viruses or external intrusions and more generally any case qualified as force majeure or made of third parties by the courts.
Hyper text links may refer to sites other than our site www.maison-ghibli.com. We disclaim all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
We cannot be held responsible for any indirect damage that may occur as a result of the purchase of the products. Similarly, our responsibility under the obligations of these General Terms and Conditions of Sale cannot be engaged in the event of the occurrence of an event of force majeure as defined by the French courts.
ARTICLE 11. FORCE MAJEURE
Neither party will have failed in its contractual obligations, insofar as their performance will be delayed, hindered or prevented by unforeseeable circumstances or force majeure.
Will be considered as fortuitous event or force majeure any irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which can not be prevented by the latter, despite all reasonable efforts.
The party affected by such circumstances will notify the other party within ten working days of becoming aware of them.
The two parties will then come together, within one month, unless impossible due to the case of force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of the French courts and tribunals: Total or partial strikes, internal or external to the company, the blocking of means of transport or supplies for any reason whatsoever, governmental or legal restrictions, computer failures, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to Customers.
ARTICLE 12. PERSONAL DATA PROTECTION POLICY
When you browse our site, you are required to provide us with personal data. We thank you for your trust and would like to inform you here about the use of your data as well as your rights.
The data controller
The controller of personal data is the company SEMIC DISTRIBUTION SARL, whose contact details you will find in the legal notice.
Our company has appointed a Data Protection Correspondent dedicated specifically to the protection of your data. We have therefore not made a declaration of the data processing carried out on our site to the CNIL.
Purposes of data collection and processing
The personal data collected on our site are used to carry out the processing of orders and manage the commercial relationship (deliveries, invoices, after-sales service). We may also use your data for advertising purposes, either after obtaining your express consent or to the extent permitted by law. We may also use your data to comply with our legal and/or regulatory obligations.
Recipients of personal data
The recipients of your personal data collected on our site are primarily ourselves for the processing of your orders and the management of the customer relationship. Other recipients of your personal data are, where applicable, our payment or payment security providers, our delivery providers, our business partners. In the event that this is required by law, your consent is obtained or a possibility of refusal is provided to you before any transmission of data.
You have the right to access, rectify and object to the processing of your personal data. To exercise your rights, send us a simple request by email to the address email@example.com or by paper mail to the address SEMIC DISTRIBUTION SARL, 45 rue Broca, 75005 Paris, France by justifying your identity and a legitimate reason if it is required by law.
When you register or place an order, or as part of other specific operations, we offer you to be informed of our offers by e-mail, unless you object. We offer to receive newsletters, event emails and emails of promotional offers and also offers from our business partners. If you no longer wish to receive commercial prospecting by e-mail, you can let us know at any time by one of the following means:
- Click on the unsubscribe link in each email
- Send an email to firstname.lastname@example.org
- In "My account", go to the "my personal information" section and uncheck the corresponding boxes.
ARTICLE 13. INTELLECTUAL PROPERTY
All data of any kind whatsoever, and in particular texts, graphics, logos, icons, images, illustrations, audio or video clips, brands, software... including the underlying technologies used, appearing on our site, are necessarily protected by copyright, trademark law and any other intellectual property rights.
As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code.
The user undertakes in these conditions not to reproduce, summarize, modify, alter or redistribute, without express prior authorization from us, any text, title, application, software, logo, brand, information or illustration, for a use other than strictly private, which excludes any representation for professional purposes or redistribution in number. Likewise, the User undertakes not to copy all or part of the site on another site or an internal corporate network.
Any other use constitutes counterfeiting and is punishable under the Intellectual Property without the prior authorization of our company. Any total or partial reproduction of the catalog of our is strictly prohibited.
Any creation of a hypertext link from a website to our site must be subject to our express authorization. Upon our request, this link must be removed.
ARTICLE 14, FULL TERMS
A change in legislation, regulations or a court decision rendering one or more clauses of these General Terms and Conditions of Sale null and void shall not affect the validity of these General Terms and Conditions of Sale. Such a change or finding could in no way allow the Customer not to comply with these General Terms and Conditions of Sale.
ARTICLE 15. DURATION AND APPLICATION
These Conditions apply throughout the duration of the online services offered by our company reserves the right to adapt or modify at any time these General Conditions of Sale. However, in the event of changes, the General Terms and Conditions of Sale applicable to the order placed are those accepted by the Customer on the day of placing his order.
ARTICLE 16. APPLICABLE LAW AND TERRITORIALITY
Sales of products on our site are subject to French law. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between our company and the Customer, even in the event of multiple defendants, will, in the absence of an amicable agreement, be the exclusive jurisdiction of the courts of Paris.