Terms and Conditions
- SCOPE OF APPLICATION
- The Items are sold by French company Maison Rabih Kayrouz, limited liability company, registered with the Trade and Companies Register of Paris under the number 509 443 255, located 38, boulevard Raspail, Paris (75007) (hereinafter "MRK").
- The MRK ESHOP is available in several languages (French, English) and sells Items to non-professional natural person customers aged over eighteen (18) years with full legal capacity.
- The purpose of the Terms is to define the terms and conditions of online sales on the MRK ESHOP, of customer orders (hereafter the "Customer") and of Items' delivery. It is hereby agreed that the Customer and MRK shall be jointly referred to as the Parties (hereafter the "Parties"). The Terms are also intended to define and specify the rights and obligations of the Parties arising from the online sale of the Items offered on the MRK ESHOP.
- The Customer acknowledges that the various translations of the MRK ESHOP into the above-mentioned languages are provided for his or her convenience during browsing and that the language he or she chooses may be different from the language used by MRK for ordering and receiving the Items, which depends on the country of delivery chosen by the Customer.
- By ticking the acceptance box provided for this purpose on the MRK ESHOP before validating his order, the Customer declares that he is aware of these Terms and has accepted them without reservation. MRK reserves the right to amend the Terms at any time. The applicable Terms are those in force on the date of the order placed by the Customer. They are accessible from all pages of the MRK ESHOP and in the order confirmation e-mail sent to the Customer.
- ITEMS AND PRICE ON THE MRK ESHOP
- The Items on sale on the MRK ESHOP are described with care and accuracy in the presentation and description made on the MRK ESHOP, within the limits of technology and in compliance with market standards. They can be viewed in the form of a sheet per Item containing one or more photographs, accompanied by a detailed description highlighting the essential characteristics of the Item, the color(s), the size(s) available, the composition and the Price. The Item(s) photographs of on the MRK ESHOP, although faithful to the Item(s), are provided for information purposes only and do not constitute a contractual commitment. MRK shall make its best efforts to ensure that the rendering and visual impression (in terms of tints, colors, textures, materials) of the Items are as close as possible to the original Item, which may vary from one to another due in particular to the craft manufacturing methods of the Item(s) and the fabrics and materials used. The Customer acknowledges and accepts the potential visual inaccuracies that may result as they appear on his computer terminal.
- Certain Items may present imperfections, or natural irregularities related to the nature and delicacy of the materials of which they are made of and the style of the latter, inherent to the handcrafted manufacture of the Items. The Customer accepts these possible imperfections and evolutions of the Items which cannot give rise to the conformity guarantee and/or the hidden defects guarantee referred to in article VII hereafter.
- The Items on sale are those that appear on the MRK ESHOP on the day of the order by the Customer, within the limits of available stocks. MRK reserves the right to refuse an order of an abnormal nature, in particular due to its quantity or the unusual amount of the order.
- In the event of unavailability of an ordered Item, the Customer shall be informed by MRK by e-mail within 72 hours following validation of the Customer's order. MRK undertakes to offer to the Customer either a similar Item available in stock or a refund for the unavailable Item ordered. After receiving the Customer's e-mail specifying his choice, the refund shall be made within 72 hours.
- MRK draws the Customer's attention to the good care they must take of the Items sold on the MRK ESHOP. The description of the Items on the MRK ESHOP is accompanied by recommendations regarding taking good care of them.
- The selling price of the Items is that in force on the MRK ESHOP at the time of the order (hereafter the "Price") and includes all taxes (including VAT), excluding any delivery, taxes, or other bank charges or customs duties.
- Delivery costs by standard mail to France and Europe are included in the Price. However, the Price does not include express delivery costs to France, Europe and the rest of the world, nor customs duties invoiced separately, according to the associated pricing which depends on the country and/or the delivery method selected by the Customer when validating his order. The Customer is informed that the Prices are subject to change. A summary of all of these Prices and charges is included in the order summary (see article 3.4 below). The Prices are displayed in euros (€). For more details regarding delivery costs, please refer to article 5.4 below.
- ORDERING PROCESS AND MODALITIES
- The order process presented on the MRK ESHOP is made up of several imperative steps that are necessary and prior to the order validation. The Customer is guided in the context of his navigation to follow the order process step by step. As part of this process, the Customer is required to fill in a certain amount of personal information necessary to take the order, deliver the Items and to pay for the order. This mandatory information is indicated in the personal data collection form.
The Customer may place an order for one or more items following the procedure detailed below:
- Selection and addition of Item(s) to the basket
- Checking the placed order
- Identification or creation of an account if the Customer does not already have one, or continuing the order as a guest in order to proceed to the next step.
- Summary of the order
- Entry of the delivery address if different from the billing address
- Selection of the delivery mode (express or standard, choices available depending on the country of delivery chosen)
- Entry of the billing address if it is different from the delivery address.
- Viewing the total order
- Before validating the order, the Customer may check the Item selection, the number of Items ordered, the total Price (including delivery costs) and modify his order if necessary.
- The validation of the order is carried out by the Customer by the payment of the Price's order (see article IV below) after acceptance of the Terms. It constitutes a firm and definitive commitment.
- After validation of the order, the Customer receives an order summary from the MRK ESHOP to the email address he provided during the ordering process. It contains in particular the name of the Items ordered, their number, the size selected, the Unit Price, the total Price of the order (including VAT), the delivery method chosen and the associated cost. This email must be kept by the Customer. The Customer will also receive a copy of the invoice in the package.
- Pursuant to article 213-1 of the French Consumer Code, MRK shall keep the written record of the contract concluded with the Customer for a period of ten (10) years from the date of delivery of the Items. The Customer has a right to access to this document at any time, on request to MRK at the following contact address: firstname.lastname@example.org.
- PRICE PAYMENT
- The Items are paid in euros (EUR), including VAT (excluding customs duties, local taxes and bank charges in force according to applicable laws in the country of the chosen place of delivery). These costs remain the responsibility of the Customer and will be paid directly by the Customer to the local authorities in charge.
- Except in the case of special terms and conditions expressly stipulated, payment of the full Price is required when the Customer validates the order of the Items on the MRK ESHOP.
- Payment is made via the secure online payment interface of our payment service provider SHOPIFY - complying with PCIDSS security standards and the 3D Secure security system. It is made online by credit card only. The accepted means of payment are the following: Visa, Mastercard, American Express, Apple Pay, Google Pay, Shop Pay. Your bank details are therefore not collected by the MRK ESHOP.
- Shipment of the order of Items can only take place after effective validation of payment by the Customer's bank at the request of the SHOPIFY platform. In case the payment is refused by the bank, the order will be considered null and void.
- MRK remains the owner of the Items sold until full payment of the Price in principal and accessories has been received.
- The Items are delivered within the time indicated on the order form. MRK shall use its best efforts to ensure that the Items ordered are dispatched as quickly as possible in accordance with the delivery method chosen by the Customer. MRK undertakes in any event to deliver the Items within a maximum period of ten (10) working days from receipt by the Customer of the order confirmation e-mail, within the limits of available stocks and subject to availability of the Items. In the event of absence or delay in delivery MRK invites the Customer to contact MRK customer service as soon as possible, by e-mail, at the e-mail address indicated in article XI below.
- In the event of unavailability of one or more Items on the date of delivery, the provisions of article 2.4 above shall apply.
- The Items will be delivered to the postal address indicated by the Customer at the time of the order.
- The delivery costs of the Items, excluding standard delivery in France and Europe, will be charged to the Customer, and their amount is calculated according to the place of delivery, according to the following:
3-5 working days
1-2 working days
Europe (Italy, Spain, United Kingdom, Belgium, Luxembourg, Germany, Austria, Greece, Irland, Portugal, Sweden, Finland, Denmark, Netherland)
3-5 working days
1-2 working days
USA & Canada
no standard deliveries
2-4 working days
Asia (Japan, Hong Kong, South Korea)
no standard deliveries
2-5 working days
Australia & New Zealand
no standard deliveries
2-5 working days
These fees are exclusive of customs duties, taxes and bank charges required according to the applicable local regulations of the country of delivery chosen by the Customer.
- Upon receipt of the Items or, where applicable, when this option has been offered to the Customer at the time of collection of the Items from the points of sale, the Customer must check the condition of the Items received in the presence of the carrier and express to the carrier all useful reservations about the apparent defects of his order (damaged or missing items, damage, damaged package). In accordance with article L.133-3 of the French Commercial Code, any reservation or protest by the Customer must be sent to the carrier within three (3) days by registered mail with acknowledgement of receipt. The Customer shall also be responsible for informing the MRK customer service department without delay.
- The risks of loss or damage as well as the ownership of the Items are transferred to the Customer or to the third party designated by the Customer to receive his order at the time he takes physical possession of it, subject to the provisions of article 4.5 above.
- OPTION OF WITHDRAWAL AND RESOLUTION
- In accordance with the provisions of articles L. 221-18 and following of the French Consumer Code, the Customer has a right of withdrawal which he may exercise by contacting MRK's sales department by e-mail at the following address: email@example.com, without having to justify his reasons, within a maximum period of twenty-one (21) days from the Items delivery date. The Customer acknowledges having been informed and accepts that he does not have such a right of withdrawal, in accordance with article L.221-28 3° of the French Consumer Code, for personalized Items, made according to and/or at his request, or altered.
- It shall then be the Customer's responsibility to return the delivered Items in accordance with the procedure proposed by MRK, under which all the Item's return costs shall be borne by MRK using the prepaid "return voucher" sent by e-mail within the limit of one dispatch/return of Items per order.
- In any event, the return of delivered Items must be made by the Customer:
- Within thirty (30) days as from the exercise of his retractation right made by e-mail in accordance with the provisions of article 6.1 above.
- In their original packaging, in perfect condition, allowing them to be put back on sale by MRK, unused and accompanied by the labels and all the labels and the delivery note attached to the Items delivered.
- The order may be cancelled by the Customer by registered letter with acknowledgement of receipt in case:
- of Items delivery that do not conform to the declared characteristics of the Items, subject to article II above;
- of delivery exceeding the deadline set in the order form or, failing such a date, within thirty (30) days after MRK has been instructed, under the same terms and without result, to make delivery within a reasonable additional period;
In such cases, the Customer may demand a refund of the Price paid with the order, once the items have been returned to MRK.
- LEGAL GUARANTEE OF CONFORMITY AND DEFECTS
- MRK undertakes to supply goods in accordance with the legal regulations in force and the contractual provisions. MRK shall be liable for the non-conformity of the goods in accordance with the conditions of general law and consumer law.
- All Items supplied by MRK benefit from the legal guarantee of conformity provided for in articles L.217-4 to L.217-14 of the French Consumer Code or the guarantee of hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
- MRK shall be liable for defects in conformity existing at the time of delivery of the Items as well as those resulting from packaging (article L.217-4 of the French Consumer Code).
- The Items shall be deemed to comply with the contract if they fit with the use expected for similar goods and, where applicable, if they correspond to the description given by MRK and possess the qualities presented to the Customer in the form of a model, or those that the Customer may legitimately expect in view of the public statements made by MRK, particularly in advertising or labelling. Similarly, the Items shall comply if they have the characteristics defined by mutual agreement between the Parties or if they are suitable for any special use sought by the Customer, brought to MRK's attention and accepted by the latter (article L. 211-5 of the French Consumer Code). The action resulting from the lack of conformity shall be barred after two (2) years from the date of delivery of the Items (article L. 217-12 of the French Consumer Code).
- MRK is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or would only have paid a lower price for it, if he had known about them (Art. 1641 of the French Civil Code). The action resulting from redhibitory defects must be brought by the purchaser within two (2) years from the discovery of the defect (Art. 1648 of the French Civil Code).
- EXEMPTION FROM LIABILITY AND FORCE MAJEURE
- MRK may not be held liable in the event of non-execution or poor execution of the contract due either to the Customer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to a case of force majeure.
- The nullity of a contractual clause does not entail the nullity of the Terms. The Customer shall be deemed to have accepted all provisions of the Terms without reservation.
- INTELLECTUAL PROPERTY
- No assignment of intellectual property rights is made through the Terms. Any total or partial reproduction or exploitation of the Items for any reason whatsoever without prior written authorization from MRK is strictly prohibited and exposes offenders to legal proceedings. No authorization to use, exploit, reproduce, distribute or modify, in whole or in part, the Items is granted by the Terms.
- SETTLEMENT OF DISPUTES
- Any complaint must be addressed to the MRK customer service department located at 38 bd Raspail 75007 PARIS (France) at the following e-mail address: firstname.lastname@example.org.
- In the event of failure to make a claim to the MRK customer service or a lack of response from this service within thirty (30) days, the Customer may have recourse to mediation or any other alternative dispute resolution method.
- Any dispute shall be brought before the competent French courts.
- LANGUAGE AND APPLICABLE LAWS
- La langue du contrat est la langue française. La loi applicable au contrat est la loi française.
- Le Site MRK est hébergé par la société : Shopify Inc., 150 rue Elgin, Suite 800, Ottawa, Ontario K2P 1L4, Canada, n° d’enregistrement 426160-7.
- Shopify est adhérent depuis le 10 octobre 2016 au mécanisme « EU-US Privacy Shield ». Pour en savoir plus, se référer à notre politique de confidentialité, accessible à l’adresse : https://maisonrabihkayrouz.com/pages/privacy-policy