GENERAL TERMS AND CONDITIONS

1. Purpose

 1.1  This document (the “Terms”) defines the conditions under which duly registered customers in accordance with Article 2 below (the “Clients”) can buy the products offered by My Souk In the City, simplified corporation with a capital of 5.000 euros, registered under the RCS Paris number 817 939 309, whose registered office is located 72 rue Marcadet, 75018 Paris – France and whose VAT identification number is FR15817939309 ( “MSITC”) . These products are available exclusively on the website at the following URL: https://www.mysoukinthecity.com (the “WebSite”).

These Conditions form the basis of commercial negotiation between the Client and MSITC.

As such, it is specified that MSITC does not own the products it offers on its website and has therefore not seller quality. Each product is the property of the creator, the only one selling the product. MSITC acts as an intermediary solely responsible for the promotion and management of the sale of these products.

For the “Terms of Use of this Site”, the Customer should refer to the eponymous section.

1. 2 These Terms and Conditions apply, without restriction or reservation to all transactions via the Site.

1.3 Any client will be asked to accept the terms and conditions when it creates an account as provided below. In the event that the Customer does not accept the terms and conditions on this occasion, the opening of the account will not be finalized and will not be able to place an order.

These Terms and Conditions may be subject to amendment, version applicable to the purchase of the Customer is that in force on the WebSite at the date of placing the order.

2. Registration on the Site

2.1. Anyone can use the Site, which remains freely accessible without obligation. However, any order requires opening an account.

2.2. Opening an account is free, with no mandatory purchase on the WebSite.

The Client declares to be private and not professional, and have full legal capacity to conclude a sale with the creator.

The Registered Customer is authorized to use its account with an email address and the password you created during registration on the WebSite. These IDs will be required for each registration They are strictly personal and confidential and can not be disclosed to third parties.

To ensure the security of the WebSite, passwords of the Customer must consist of at least eight (8) characters. MSITC invites the Customer to frequently change their password. Customer acknowledges being solely responsible for the use of its password by third parties or actions and statements made via the website using their username and password. The Customer undertakes to inform without delay MSITC unauthorized use of its password.

Customer may, at any time, unsubscribe by following the instructions on the Site. He will then receive a confirmation of the registration of its account by email to the address he filled during registration. Subject to information previously distributed by email, MSITC is also authorized to close a Customer account for any reason and at any time.

The Customer undertakes to only have one account and not let anyone use it in its place. It is prohibited to let anyone else use the account or to declare to the site a spoofed or fake identity.

For the creation of this account, the Customer must compulsorily provide the following information:

  • its title, first name, last name,
  • his personal email,
  • a password,
  • a telephone number,
  • the delivery address.

The Customer has to provide only accurate information.

3. Products Sheets

Each product appearing on the website has a product sheet which has its technical and commercial characteristics, according to information provided by the creator.

The product record shall contain the following:

  • The name of the creator;
  • The place of manufacture;
  • The composition and terms;
  • The maintenance tips;
  • The sizes and colors available;
  • Price;

4. Product Price and shipping costs

4.1. Prices shown are inclusive of all taxes in France and in the European Union. For deliveries outside of the European Union, Taxes and custom fees might be applicable and are not included in the price paid in the website.

Products are supplied at prices prevailing at the time of placing the order.

The Product price is not negotiable by the Client.

4.2. Delivery is guaranteed within 3 to 4 working days. The timing will be confirmed when placing the order.

Similarly, in case of special request of the client on specific conditions for packaging or transport of the Product (s) ordered (s) duly accepted in writing by MSITC, the related costs will be invoiced additionally based on an estimation previously agreed by writing by the Client.

4.3. discount codes eventually provided are not applicable to shipping, with the exception of specific free delivery coupons. They can not be any refund.

4.4. The payment asked to the Customer is the total of the purchase including these costs.

5. Product Control

5.1. To place an order, the Customer must identify themselves with their email and password.

5.2. The order is worth conclusion of the contract under condition of receiving the product by MSITC and positive compliance monitoring operated by MSITC at this reception.

MSITC thus reserves the right, in case of non reception of a product or receiving a product whose quality does not appear satisfying,to cancel the order and refund the customer, without the latter being entitled to compensation for any damage.

5.3. Also, if exceptionally the product ordered is not available, the Customer may choose either:

  • an exchange,
  • or be refunded without delay and no later than thirty (30) days to pay the amount of the adjusted price.

5.4. The Order products through MSITC is only possible online via its website and in the following manner:

  • Customer adds in his basket the products he wishes to purchase;
  • Customer checks the details of his order and the total price (price of product + fees) and corrects any errors;
  • Customer fills in the billing information and address of the facturation and the delivery address if it is different;
  • The customer confirms the order and accepts it;
  • The Customer pays for the order;
  • MSITC electronically acknowledges receipt of the order;
  • MSITC informs of the Product delivery date;
  • MSITC addresses a confirmation email or denial not later than three (3) business days following the confirmation of the order by the Customer;
  • Once the order is confirmed by MSITC, the Customer is debited with the amount of the order.

6. Payment

6.1. The price is payable in full on the day of placing the order by the Customer, by secure payment, as follows:

– By credit card: Visa®, MasterCard®, American Express®, Paypal

– By a third party payment service: Paypal

6.2. Payment Data is not stored by MSITC or by the body responsible for the financial transaction.

The information provided by the Customer during the order and its payment by credit card are subject to automated processing of data through its partner Paypal and Stripe. This automated processing of data intends to define a level of analysis of transactions and to fight against fraud credit card theft and misuse of your identity.

Stipe, Paypal and MSITC are the only recipients of the data related to the Customer’s order. Customer’s credit card number is never transmitted or used as such but has an encoding and secure encryption system. The highest safety standards are applied to data storage and all conform to the standard Payment Card Industry Data Security Standard (PCI DSS). The Customer may oppose disclosure of their data, knowing that the non-transmission of these data prevents the execution and analysis of the transaction and leads MSITC to suggest another method of payment.

6.3. The occurrence of unpaid invoices due to fraudulent use of a credit card by the Customer involves the inscription of personal information in relation to the order associated with this unpaid invoice within a payment incident file. A statement or anomalies may also be subject to a specific treatment. According to information issued by the command analysis system, MSITC may have to contact the Customer to ask him to provide additional documents. The supply of these parts is in this case is mandatory for the validation of his order.In order to fight against fraud credit card, a visual check of means of payment can be performed by the customer service MSITC before shipping products.

7. Product Delivery

7.1 The Products ordered by the Customer will be delivered within a maximum of “5 working days” from the date of shipment of the order / after the confirmation of the order by MSITC (the period of shipping time depends on the routing of the product by the creator and his treatment MSITC) to the address indicated by the Customer in his order on the WebSite.

The delivery consists of the transfer to the Client by physical possession or control of the product.

Except for special cases or unavailability of one or more products, the products ordered will be delivered at the same time.

7.2 MSITC undertakes to use its best efforts to deliver the products ordered by the Customer within the time specified above. If the Products have not been delivered within thirty (30) days after placing the order for any reason other than force majeure or because of the Customer, the sale may be canceled at the written request sent by registered letter to MSITC: 72 rue Marcadet, 75018 Paris – France or in writing on another durable piece in accordance with Articles L. 138-2 and L. 138-3 of the consumer’s Code.

The amounts paid by the customer will then be returned to him not later than fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation.

7.3 Deliveries are made by an independent carrier, to the address mentioned by the customer during the order and to which the carrier may easily access.

7.4 The transfer of ownership of the Products to the Customer, will occur only after full payment by the latter, and this whatever the delivery date of the Products.

Regardless of the ownership transfer date products, the transfer of risk of loss and damage thereto, will be realized only when the customer takes physical possession of the products.

7.5 Upon receipt of the product, the customer has to check (or have checked by the agent receiving the products in its name and on its behalf), the apparent condition of the packaging and the product of the state comes before sign the good is delivered to him by the carrier.

In the presence of an apparent anomaly (damage, missing products, damaged packaging, etc.) the Customer or its authorized representative must always be on the delivery of specific reservations (indicating the number of packages and / or missing products and / or damaged and detailed description of any damage, etc.). It is essential that the customer keeps the items in the state in which they were delivered (that is to say, with all their accessories in their original condition, and the product sheet).

Pursuant to Article L. 133-3 of the Commercial Code, any claim for transport damage and / or missing products must be confirmed by registered letter with acknowledgment of receipt sent to the carrier within ten (10) days, excluding holidays, following the receipt, in accordance with Article L. 121-105 of the code of consumption.

The Customer must keep a copy of the delivery. A copy of the complaint must be sent by the same means to MSITC at the following address: 72 rue Marcadet, 75018 Paris – FRANCE.

If applicable, the return of the Product damaged MSITC must be in accordance with how to take back products under Article 8 “withdrawal of the Customer”.

In any event, in case of non compliance by the Customer of the procedures described above, the consequences of transport damages devolves upon him exclusively, without possibility of obtaining any compensation whatsoever from MSITC.

7.6 Pursuant to Article L121-20-3 of the Consumer Code, MSITC is automatically liable towards the Client for the proper performance of obligations under the contract concluded at a distance, that these obligations are to be performed by the professional who concluded the contract or by other service providers, without prejudice to its right of recourse against them; MSITC on the other hand may waive all or part of its liability by proving that non-performance or improper performance of the contract is attributable either to the consumer or to the unforeseeable and insurmountable by a third contract, or to a case of force majeure.

8. Customer Withdrawal Right

8.1 In accordance with legal provisions, the Customer has a period of fourteen (14) days from the day of receiving the product to exercise his right of withdrawal from MSITC without having to give reasons or to pay penalty, in order to exchange or refund it is provided that the products are returned in their original packaging and in perfect condition within fourteen (14) days of notification to the Customer MSITC withdrawal decision.

It is recalled in this regard that all the products can be returned, with the exception of products listed in Article L. 121-21-8 of the Consumers Code, including products made according to customer specifications or personalized, that is to say, all good custom and made to mesure. These products can not be returned.

8.2 Returns have to be sent back in their original condition and complete (packaging, accessories, product sheet …) for their remarketing, along with the purchase invoice. Damaged Products , soiled or incomplete or worn are not included.

8.3 The right of withdrawal may be exercised (i) online, with the withdrawal form available on the Website in which case a receipt on a durable format will be immediately communicated to the Customer by MSITC, or (ii) by any another statement, unambiguous, expressing willingness to withdraw and sent by registered letter to MSITC at the following address: 72 rue Marcadet, 75018 Paris – FRANCE.

8.4 In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased products and shipping costs are reimbursed.

Outside the EU, the Customer is responsible of paying any custom fees applied, there will be deducted from the amount reimbursed to the client.

8.5 The exchange (subject to availability) or reimbursement will be made within fourteen (14) days at the latest after reception of the Products by MSITC.

9. Product Guarantee

9.1 Products sold on the WebSite comply with the regulations in force in France.

9.2 The Products on the WebSite benefit automatically and without additional payment, regardless of the right of withdrawal in accordance with legal provisions, the following guarantees that each designer is bound to:

  • The legal guarantee of conformity for products apparently defective, spoiled or damaged or not corresponding to the order (Article L. 211-1 and following of the Consumer Code)
  • The legal guarantee against hidden defects from faulty material, design or manufacture affecting the delivered products and making them unsuitable for use (Article 1641 of the Civil Code).

9.3 The Customer has a period of two years from the issuance of the product to act under the legal guarantee of conformity.

In this case, he can choose between repair or replacement of the Product, subject to the conditions of cost under Article L 211-9 of the Consumers Code.

9.4 Furthermore, the customer may decide to implement the guarantee against hidden defects of the sold article within the meaning of Article 1641 of the Civil Code. In this supposition, he may choose between canceling the sale or a discount of the purchase price in accordance with Article 1644 of the Civil Code.

9.5 In case of complaint based on Articles 9.3 and 9.4 above, MSITC centralizes the demands of clients and forwards them to creator (s) concerned.

10. Agreement of proof

The Customer expressly acknowledges that data transmitted electronically by the Client and registered by MSITC on the occasion of his Product orders are proof of all transactions involved.

11. Data Protection Act

In accordance with Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, you have a right to access, modify, rectify and delete data about you online on this site. To exercise this right, log in to your account to modify, correct or delete your information. You can also contact MSITC, responsible for the implementation of the site.

12. Governing Law / Litigation

These Conditions and any dealings they frame are governed by and subject to French law.

ALL DISPUTES TO WHICH THE TRANSACTION AND OPERATIONS OF PURCHASE IN ACCORDANCE WITH THESE TERMS MAY GIVE RISE, AS CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, IMPLEMENTATION THEREOF, THEIR TERMINATION, THEIR CONSEQUENCES AND SUITES AND THAT COULD NOT BE RESOLVED BETWEEN CREATOR AND CUSTOMER WILL BE SUBJECT TO JURISDICTION IN TERMS OF COMMON LAW.

The Customer is informed that he can in any case use a conventional mediation, in particular with the Commission of mediation consumption (Article L. 534-7 of the Consumer Code) or from sectoral mediation bodies or any existing alternative dispute resolution (eg conciliation) in case of dispute.

13. General Provisions

MSITC does not prevail that at a given time any of the articles of these Conditions shall be construed as a waiver to take advantage later of any of those conditions.

The invalidity, in whole or in part, of any provision of these Conditions shall not affect the validity of the remaining provisions.

Last Updated: March 2016.

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