GENERAL TERMS AND CONDITIONS - MY CHOUPI CHOUZ
These General Terms and Conditions of Sale define the rights and obligations of:
The MCC company (Trade name: My Choupi Chouz), a French « Société par Actions Simplifiée Unipersonnelle" with a capital of €1000, whose head office is located at 15 rue Boulay 75017 Paris, France, registered in the Paris Company and Trade Register, under no. 832 429 302, with an intra-community VAT no. FR26-832429302 (hereinafter referred to as "MCC"), editor of the website mychoupichouz.com (hereinafter " the Website ").
Any physical human consumer visiting or making a purchase via the website mychoupichouz.com (hereinafter referred to as " the Customer « ).
MCC has for main activity the sale of shoes, heels, more particularly, of shoes with interchangeable heels, accessories and clothing, in particular via the mychoupichouz.com Website.
The Website allows the Customer to order online products from the My Choupi Chouz brand (hereinafter « The Product(s )») according to the present Terms and Conditions.
The in effect General Terms and Conditions of Sale are available permanently via the following address: https://mychoupichouz.com/en/terms-and-conditions-3.html in a digital format for printing and/or downloading, so that the Customer may reproduce or save them at any time.
Any order placed via MCC (hereinafter « the Order ») therefore entails the unconditional acceptance by the Customer of these Conditions by clicking the button « I agree to the terms of service and will adhere to them unconditionally ».
MCC reserves the right to modify the current General Conditions at any time without notice; the applicable Conditions are those in effect on the date of the Order by the Customer.
2.1. AVAILABILITY OF PRODUCTS
The Products offered for sale are those described and available on the Website when the Customer visits the Website, within the limit of available product stock.
Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of MCC.
The Products can also be available for pre-order, that means that they are not in stock yet when the Order is placed.
The Client acknowledges that the delays are longer and not guaranteed for Pre-orders and that some production hazards can happen (materials, colors or stocks difference), which will be notified to the Client in case of huge difference between his/her order and the available Products.
MCC cannot be liable in case of an Order cancellation because of stock depletion.
If, despite the vigilance of MCC, products are unavailable, MCC will inform the Customer by e-mail as soon as possible. In case of debit for the Order of an unavailable Product, MCC will refund the Customer within 14 days.
The permanent or temporary unavailability does not in any way engage the responsibility of MCC, nor does it implies any right to compensation or damages in favor of the Customer.
PARTICULAR CASE: PRODUCTS FOR PRE-ORDER
1) If you order a product available for pre-order, you acknowledge that the deadlines are not guaranteed and the delay may be extended.
2) If you order products in stock with the products for pre-order, they will be sent together (at the same time as the pre-ordered products). If you want to receive the products in stock before then please place two different orders.
3) If during the delay, you want to order an other product, you can choose “Pick up at the office” for free. The products will be sent with your first order, without additional delivery fees. Don’t forget to add a message in your order or send an email at email@example.com to inform us of your additional choice.
2.2. PRESENTATION OF PRODUCTS
MCC takes the greatest care in the presentation and description of the Products in order to provide the Customer with the best possible information.
Elements such as images, texts, graphics and all the information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges and agrees to.
Some non-substantial errors may appear on the Website, which the Customer acknowledges and agrees to. MCC cannot be liable in case of a variation between the Products and the presentations on the Website. Because there are many combinations possible of shoes and heels, some combinations may not be represented.
2.3. RECEPTION OF PRODUCTS
It is possible that MCC may ship to the Customer a Product of a composition slightly different from that described, because of a change of supplier or price, however, the quality of the Product will remain the same as the one ordered.
It is possible that the Customer may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
3) CUSTOMER’S OBLIGATIONS
The Customer declares to be at least 18 years of age and to have the legal capacity or hold parental permission allowing her/him to place an Order on the Website.
The Customer undertakes to provide MCC elements of real and necessary information for the performance of the intended service of the present Conditions as requested online and relevant to their situation, including a valid first name, last name, address, phone and email address.
The Customer is responsible for any consequences deriving from any false or inaccurate information transmitted in which the return might be unlawful.
Once the Order has been placed, MCC addresses an email to the Customer confirming it. Then, an other email will inform of the sending of the Products.
The Customers may modify their personal information under the "My Account" section.
The prices displayed on the Website are indicated in Euros (€) including French tax charges (French VAT and any taxes eventually applicable), excluding shipping costs, customs, gift-wrapped parcel and other taxes which stay chargeable to the Customer, except mention or particular condition.
These costs will be included in the basket of the Customer, before final confirmation of the Order.
MCC reserves the right to modify the prices at any time, without notice, but the Products will be invoiced and paid on the basis of the rates in force at the time of placing the Order, subject to availability.
In spite of taking the greatest care to the review of the prices, it is possible that errors may appear on the Website. So, MCC reserves the right to cancel your purchase if such an error occurred.
Certain countries outside the European Union may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
The payment of the possible taxes shall remain the sole responsibility of the Customer. Customs charges and other taxes must be paid off by the Customer directly with the carrier. MCC doesn’t have to verify and to inform every Customer of the possible applicable taxes, it is up to the Customer to inquire with the competent authorities of the country of destination.
5.1 PLACE AN ORDER
The Customer places her/his Order by following the steps below:
Step 1. Add one or several Products in the basket; the Products can be in packs or individual articles; the access to the basket is possible at any time for modification or validation;
Step 2. Validate the basket after having checked the specificities of her/his Order (color, size, price, quantity, etc.);
Step 3. Create her/his Customer account, indicate her/his login and the associated password or continue as a guest;
Step 4. Complete or check the address and phone number necessary for the delivery;
Step 5. Choose a shipping method. The chosen shipping costs can be different from those beforehand visible in the basket.
Step 5. Choose a method of payment and inform the necessary data.
Step 6. After having read the Terms and Conditions of Sale, click the button «I agree to the terms of service and will adhere to them unconditionally ».
Step 7. Check the Order and the information informed before clicking the button « Order » to validate the Order. The validation of the Order is worth the confirmation of the acceptance by the Customer of the Terms and Conditions of Sale, of the Products bought, their prices as well as the associated costs.
Step 8. Finally, the Customer can be redirected towards a secure site of online payment to validate the payment.
Any Order will be validated only after acceptance of the payment which realizes the definitive acceptance of the Customer.
5.2. CONFIRMATION OR REFUSAL OF AN ORDER
An email of confirmation summarizing the Order (Product(s), prices, quantity, delivery address) as well as the invoice will be sent to the Customer by MCC.
MCC reserves the right to cancel or refuse an order in case of dispute with the Customer on a previous order.
MCC reserves the right to remove at any time any Product displayed on the Website and/or to replace or modify any content or information related to any Product.
Despite the best efforts of MCC to satisfy the client expectations, MCC may be obliged to cancel an Order after having sent to the Customer the email of confirmation summarizing the Order.
In such case, the order will be reimbursed.
MCC cannot be held liable to the Customer or a third party in case of the removal of a Product from the Website, in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
Full payment must be made when placing an Order. MCC keeps the property of the Product(s) up to the complete payment by the Customer.
Customers can pay their Order by credit card (Visa, Eurocard/MasterCard, American Express) in accordance with the provisions of this Article.
In case of pre-order, amounts paid in advance by the Client are not a deposit.
For all transactions, the Customer will indicate the number on the front of the card, the expiration date of the card and the security code on the back of the card (last three digits).
In order to ensure secure payments, mychoupichouz.com Website uses the secure payment service provided by PayPlug. This service utilizes the SSL security standard. Confidential data are encrypted and sent directly to the bank server without passing through the physical MCC server.
On the other hand, with PayPal, the financial information is never communicated with MCC. PayPal encrypts and protects the number of bank card during the registration. The Customer can pay on-line by simply indicating her/his email address and her/his password.
7.1. SHIPPING METHODS
My Choupi Chouz delivers its products within France and to all countries of the European Union and can deliver on demand to any country worldwide.
In France, deliveries are carried out by La Poste, Chronopost, Mondial Relay, Relais Colis, UPS, Monday to Saturday, depending on the option chosen by the Customer at the time of validating her/his Order.
In Europe, deliveries are carried out by Chronopost, Happy-Post, TNT, FEDEX, Monday to Saturday, depending on the option chosen by the Customer at the time of validating her/his Order.
7.2. SHIPPING COSTS
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order and some information is available in the section “Delivery and returns”.
7.3. DELIVERY DEADLINES
The delivery times indicated on the Website are target dates, corresponding to the average processing time and delivery. So that these deadlines are respected, the Customer must ensure that she/he has provided complete and accurate information concerning the delivery address (such as including: street number, building, stairs, access codes, names and/or interphone numbers, etc.). Products are shipped with the delivery form to the shipping address provided by the Customer when ordering. The delivery cannot be made to hotels or PO boxes.
MCC undertakes to inform the Customer of the evolution of the Order processing. MCC makes every effort so that the Customer's parcel arrives in time but the delivery date is not guaranteed.
MCC cannot be liable for a bad indication of delivery date, during the Order, after " estimated delivery date " of the « Shipping Method » tab, and for a late Delivery caused by a case of force majeure (as defined below).
MCC cannot be liable of any direct or indirect damage resulting from delay of delivery, only the refund of the Product by MCC could be possible, excluding any other compensation.
When a Product is available for pre-order, we need some time to produce it and the estimated shipping date is indicated on the product page.
The estimated shipping date is provided for information only according to the production planning.
The Client acknowledges that the deadlines are longer and not guaranteed for pre-order.
MCC cannot be held liable to the Customer in case of a more important deadlines than scheduled. We are doing everything possible to ship your Order as soon as possible and you’ll be informed by email of the evolution of your Order..
7.4. ERRORS AND DELIVERY RISKS
In case of inability to deliver the Products, due to an error in the delivery address or to a non-withdrawal of the Order by the Customer, the Order won’t be resent and MCC will reimburse the Customer after the reception of the Products, excluding the delivery fees.
Transport is at the Customer’s own risk once the goods have left MCC’s office. The Customer must check the state of the packaging and the conformity of the items delivered and immediately inform MCC of any anomalies. Any claims should be made using the delivery slip presented by the transport provider within 48 hours by e-mail to: firstname.lastname@example.org.
8) RETURNS, REFUNDS AND EXCHANGES
8.1 RIGHT OF RETRACTATION
Any non-professional Customer could use its withdrawal right during a period of fourteen (14) days from the Delivery.
In such case and if the Product was already sent, the Product(s) must be returned to MCC in fourteen ( 14 ) days from its reception. Beyond this deadline, the sale will be firm and final and the Product(s) will not be exchanged or refunded.
The Customer must fill the return form available in their personal account in the Orders section, either send a withdrawal form to MCC at email@example.com or by mail at MCC - Customer Service – MCC - 15 rue Boulay - 75017 Paris, FRANCE. The return request will be confirmed by MCC to the Customer by email. The Customer must follow the procedure mentioned below.
The Customer can make a Return for refund or for exchange (for shoes only), within fourteen (14) days following the reception of his Order, by following the steps below:
REQUEST A RETURN:
Step 1: Access you order history from your customer account
Step 2: Select the order containing the product you wish to return.
Step 3: Select the product(s) you wish to return by ticking the boxes next to its(their) name(s) or the entire pack even if you are only exchanging the pair of shoes.
Step 4: Specify the quantity of the product(s) (if more than one of the same product is being returned).
Step 5: Add an explanation (in the section “Return of the goods”) so that we can understand why the order is being sent back (for example: indicate here if you would like an exchange, possible for shoes only) then, confirm your return request.
PREPARING THE RETURN:
Step 6: Before sending us your return, we invite you to wait for the confirmation email (sent from Monday to Friday). The status of your return will update to “waiting for package.”
Step 7: Print the return voucher available on your customer account, which will allow us to identify you, and prepare the products in their original packaging.
For an exchange of shoes from a pack, please only send us the pair of shoes without the heels.
Be aware that if the products have traces of wear or from trying them on (marks, scratches, etc…) we will not be able to accept the return and the products with therefore be sent back to you at your expense.
SHIP THE RETURN:
Step 8: Send the package:
We are still too small to offer the return but promised, as soon as we become enough big, we'll try to set it up!
The return is at Clients' expenses:
- Either with ChronoShop2Shop: here, only carrier accepted to ship to a Pickup Station (Pickup station to choose: Family Market, 168 avenue de Clichy 75017 PARIS and recipient: MCC – My Choupi Chouz, address : 15 rue Boulay 75017 PARIS, email: firstname.lastname@example.org).
- Either with your choice of carrier of your choice at MCC – 15 rue Boulay 75017 PARIS, indicating the email email@example.com so that we can trace the return packages and reprogram the delivery date in case of absence.
Whichever you chose, we advise you to choose a signed delivery (for home shipping) and insure it.
Returns and exchanges are at clients risk. In case of loss, non-delivery or damage of the package, we will not be able to exchange or refund you. You will need to file a complaint directly to your carrier (a real signature on our part (not initials) is the only proof of a real delivery to us).
Step 8 bis: If you were not able to indicate our email address, please send us an email at firstname.lastname@example.org
RETURN DIRECTLY AT PARIS OFFICE:
For a quicker return and exchange process, you can also return your order directly at our Parisian office at 15 rue Boulay 75017 PARIS, by appointment only, from Monday to Friday between 10am and 7pm (please send us an email to set a date and time).
The case of an exchange is detailed below.
The Product must be returned within fourteen (14) days in its original packaging, in its original condition, new, unworn, unwashed, without trace of wear (on soles or heels, for instance), with potential labels, cards, notes or present, accompanied by the return voucher.
The return or exchange is at the risk of the Customer and the Return costs are to be borne by the Customer.
In case of loss, no delivery or damage of the returned package, we will not be able to refund the order or to exchange a product and the Client must complain directly to the carrier company.
If MCC delivered a damaged or different item from the item ordered, the Customer has to contact the Customer service by writing to email@example.com, in order to obtain a voucher of prepaid return within 14 days following the reception. Then, MCC will send again and free of charge the initial Order, after receiving the Product(s).
Damaged or soiled products or incomplete returns will be neither accepted nor refunded. After a period of 14 days after delivery, the goods will neither be accepted nor refunded.
If the return is refused by MCC, the Products will then be sent back to the Customer at the Customer’s expense and risk without any compensation or right to refund.
When an Order is placed using a special offer on the purchase of a predetermined number of items or amont in one transaction and the Client then returns an item or several items, this will invalidate the discount or gift if the number of items or amont falls below what is required to qualify for the offer. The refund will reflect the fact that the offer is no longer applicable. All gift also must be returned if the offer is no longer applicable.
A refund by MCC for the Order returned is made within 14 days by the communication by the Customer of the right of retractation, subject to the receipt of the Products and its excellent condition, excluding the extra costs of the Home, Express and outside France deliveries and the return shipping fees.
During clearance sale, articles can only be returned for exchange (at client's expense) or credit.
Pre-orders placed during the COVID-19 crisis will only be refunded for credit (placed between April 23rd and June 5th, 2020). All the pre-orders, during this period, will allow us to confirm quantities to our production partners.
We reserve the right to defer repayment until we receive the products. The Client will have to return the goods to us without delay and, in any event, no later than 14 days from the day on which he/she has communicated his/her declaration of retractation. This deadline is met if the Client ships the goods before the expiry of the deadline.
Except as otherwise indicated by the Customer, repayment will be made through the same payment means used to pay the Order.
Upon non-compliance by the Customer of these conditions, notably of the conditions of return or exchange, MCC will not proceed to the refund for the Products concerned.
8.4. EXCHANGES OFFERED IN FRANCE & POSSIBLE OUTSIDE OF FRANCE
Upon the customer’s request in the “merchandise return” section of their account, the pair of shoes can be exchanged, free of charge in France and at the customer’s expense outside of France, for another pair in a different size, color, or another model within the limits of available stock, excluding products on sale.
If the price of the pair of shoes requested as an exchange is less expensive, a credit slip with the difference will be generated as a promo code valid for 1 year on the e-shop.
If the price of the pair of shoes requested as an exchange is more expensive, a payment link with the difference will be sent to the customer in order to finalize the order of the exchange.
WARNING, the pair of shoes asked for in exchange will only be reserved for one week (7 days) after the return request. Therefore, the customer has to return the products as quickly as possible and within fourteen (14) days after the order was received.
Return fees are at the expense of the customer.
As soon as the return package is received, the desired product(s) in exchange will be sent free of charge to the customer at a Pickup station in France.
The customers that do not reside in France can also exchange their shoes however, the shipping fee for the exchange will be at their expense.
No exchange for Product(s) initially bought on special offer (with or without promo code) or sales will be made, only refunds are possible. Exchange of gifts are also not possible. The Customer will have to send back the Product(s) to MCC and place a new Order.
During clearance sale, articles can only be returned for exchange (at client's expense) or credit.
Heels cannot be exchanged. The customer will have to return the whole pack (if the heels are coming from a pack) or the heels by unit (if they have been purchased separately and place a new order.
A same Product can be exchanged only once. If after having proceeded to the exchange, the new Product doesn’t fit well, the Order would then be refunded, excluding the delivery and return shipping fees, after the receipt of the Order returned by MCC.
9) GUARANTEED - LIMITATION OF RESPONSIBILITY
MCC is only required to deliver Products which are compliant with the contractual provision.
All our Products benefit from a statutory guarantee scheme if the product has been worn under normal conditions of use and if the care instructions were followed.
Documents, details, descriptions and information related to the Products published on the Website are not covered under any guarantee, express or implicit, except the guarantees provided by law.
My Choupi Chouz shoes and heels are handcrafted using a combination of modern technology and traditional craft techniques. For this reason, each My Choupi Chouz product is unique and may have small imperfections. They do not in any way affect the performance of the products and they even give them personality.
Quality is paramount for us. We thoroughly test all our products in real-life conditions to ensure that they are perfectly adapted to the use for which they are intended. We also test all heels on shoes before shipment to ensure that the mechanism is working properly.
The Customer has to make sure that articles which were delivered to him/her correspond to his/her order and are well in accordance with the expected use (proper work of the mechanism and the possibility of using shoes).
However, in an accidental and exceptional way, some products could be damaged during their delivery or during their manufacturing.
If a product which the Customer has just received is not in accordance, present a quality defect or is erroneous, the Customer has to contact us in firstname.lastname@example.org before using the product and within 14 days following the reception.
When the Customer contacts our Customer service, he/she has to supply his/her name, address and phone number, the reference of the product, the size, the proof of the purchase and some photos illustrating the defect. We will follow up his/her e-mail with additional information on the procedure to be followed.
If, in our opinion, articles which the Customer returned us are not defective, we shall reject the demand of care and we shall return the articles (postage charged to the Customer).
Any attempt to repair the product by the Customer will cancel the possibility of care and the product will not be acceptable any more to a return.
Please note that we normally neither make repair, nor propose spare parts and that MCC does not guarantee and shall not be liable for any damage caused by an misuse or excessive use, accidents, modifications, wear and tear of materials with time, problems that are reasonably expected due to normal wear and tear, or failure to follow product care instructions.
We cannot offer compensation for damaged products, including neglect (shocks, scratches, tearing, broken mechanism), misuse, normal wear and tear or discoloration. We cannot offer compensation if the product has not been purchased from our online store.
Please also note that the lifespan of a product depends on the person using it, how the person uses the products and uses the mechanism in general, and the conditions of use. Even if the Customer takes great care of his product, he/she will eventually wear the product out.
Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, some applicable texts are reproduced here:
Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”
Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the client in the form of a sample or model; b) have the qualities that a client might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the client that has been brought to the notice of the seller and which the latter has accepted.”
Article L211-9 of the French Consumer Code
"If the product does not conform, the buyer chooses between the repair or replacement of the product.
However, the seller may not proceed according to the buyer’s choice if this choice involves a cost that is obviously disproportionate in relation to the alternative method, taking into account the value of the product and the seriousness of the fault. He is then required to proceed with the alternative not chosen by the buyer. »
Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the customer would not have purchased it, or would only have offered a lower price for it, had they known of them.”
Art. 1642 of the Civil Code: « The seller cannot liable of visible defects of which the buyer convinces himself. »
Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”
We do not warrant or represent:
(a) The completeness or accuracy of the information published on our website;
(b) That the material on the website is up to date;
(c) That the website or any service on the website will remain available.
To the maximum extent permitted by applicable law and subject to these terms and conditions, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
MCC cannot be liable for the inconveniences and the damage relative to the use of the Internet network such in particular a break in the service, the presence of computer viruses or outside intrusions or more generally any cases qualified as force majeure by the courts. The connection of every person to the Website is made under her/his full responsibility. The user of Internet has to take any measures suited to protect her/his own data and information stored in her/his computing equipment.
MCC cannot be liable for any direct or indirect damage, in any way. The Customer makes a commitment to use the shoes with interchangeable heels in strict conformity with the supplied instructions for use. MCC cannot be liable for a misuse or for a malfunction of products.
The normal wear and tear of shoes and heels will be appreciated compared with the average wear of shoes and heels in the market of the shoe with interchangeable heels, with regard to the technical knowledge in this domain. The Customer recognizes that the wear of the top of the heels is inherent to the technique of sliding and locking of the heel.
Nothing in a contract under these terms and conditions will:
(a) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) Limit any liabilities in any way that is not permitted under applicable law;
(c) Exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in a contract under these terms and conditions:
(a) Are subject to these entire terms and conditions; and
(b) Govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
(a) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
(b) We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(c) We will not be liable to you in respect of any loss or corruption of any data, database or software.
(d) We will not be liable to you in respect of any special, indirect or consequential loss or damage.
(e) You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees),
(f) We implement all the means to ensure the quality of access to our website. This is a best-efforts obligation. We will not assume any liability in case of any event of force majeure which would bring dysfunction of the network or of the website server.
9.3. VISIBLE DEFECTS
In case of visible defect of a Product, the customer shall send a demand to email@example.com within 2 days from the Delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted and no return or exchange will be possible.
Then, the Product shall be returned in its original packaging, in its original condition, new, unworn, unwashed, without trace of wear (on soles or heels, for instance), with potential labels, cards, notes or present, accompanied by the return voucher and sent by mail to the headquarter: MCC-15 rue Boulay - 75017 Paris, FRANCE.
9.4. FORCE MAJEURE
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fourteen (14) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt.
Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.
The non-payment by the Customer cannot be justified by an event of force majeure..
10) INTELLECTUAL PROPERTY
All the elements of the Website, visual or audio, such as texts, photos, graphics and drawings, including the underlying technology, are the exclusive property of MCC and are protected by copyright, brand and patent law. The total or partial reproduction of one of these elements, on whatever support and for any reason whatsoever, without a preliminary and express agreement of MCC is strictly forbidden.
Any hypertext link sending to the MCC Website and using in particular framing, deep-linking, in-line linking or any other deep linking technology is strictly prohibited.
11) PERSONAL DATA
The collection of the Customer’s personal data is necessary for the treatment of her/his Order. Such information is strictly confidential and is not intended to be used by MCC. In accordance with data protection legislation (loi Informatique et Liberté of 6 January 1978), the Customer has the right to access, modify, rectify and remove personal data concerning herself/himself. If the Customer wishes to exercise this right, she/he can write to MCC by e-mail at firstname.lastname@example.org or by mail at the following address: MCC, 15 street Boulay, 75017 Paris, FRANCE, providing his full name and address.
12) GENERAL PROVISIONS
12.1. PARTIAL INVALIDITY OF A CLAUSE
If any provision of these present Conditions is declared invalid or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of other stipulations.
12.2 APPLICABLE LAW AND JURISDICTION
These General Conditions are subject to French law concerning the substantive rules as the rules of form. Any dispute will be subject to a preliminary attempt at an amicable settlement. The Customer is invited to get in touch with MCC to find an amicable solution.
In the absence of an amicable settlement, jurisdiction is given to the competent French courts, notwithstanding multiple defendants or introduction of third parties.