The purpose of these terms and conditions of sale is to define the conditions under which MIEG CREATION sells ready-to-wear collections online via its website.
MIEG CREATION is a limited liability company with a capital of 80,088 euros, whose registered office is located at 28 rue Xavier Bichat, CS21838, 72018 Le Mans Cedex 2, registered with the Le Mans Trade and Companies Register under number 917 426 017, with an intra-community VAT number FR63 917 426 017.
Contact :
In these general terms and conditions of sale, terms and expressions beginning with a capital letter have the meanings assigned to them below:
Customer :
means any purchaser of Products acting, without distinction, in the capacity of consumer or non-professional within the meaning of the introductory article of the French Consumer Code.
Consumer Customer :
designates any purchaser of Products acting as a consumer within the meaning of the introductory article of the French Consumer Code.
Non-Professional Customer :
designates any purchaser of Products acting as a non-professional within the meaning of the introductory article of the French Consumer Code.
General Sales Conditions :
designates the present general terms and conditions of sale.
Contract :
designates the sales contract concluded at a distance between MIEG CREATION and the Customer, within the meaning of article 221-1 of the French Consumer Code, materialized by the Customer’s confirmation of the elements appearing on the summary page of his/her order, entailing the Customer’s full and unreserved acceptance of the General Sales Conditions.
MIEG CREATION :
designates the company MIEG CREATION, as the appearance appears above.
Products in Stock :
refers to non-customizable garments offered for sale by MIEG CREATION.
Customizable Products :
designates customizable garments offered for sale by MIEG CREATION.
Products :
designates both Products in stock and Customizable produtcs.
Website :
designates our website https://www.mieg-store.com.
The General Terms and Conditions of Sale apply, without restriction or reservation, to all sales of Products concluded online between MIEG CREATION and a Customer on the Website. They apply to the exclusion of conditions applicable to sales concluded through other distribution channels.
The General Terms and Conditions of Sale are not applicable to professional purchasers within the meaning of the preliminary article of the French Consumer Code.
The General Terms and Conditions of Sale are accessible on the Website at all times and are systematically submitted to the Customer before any order is placed. They come into force on the day of their acceptance by the Customer for the entire duration of the Contract.
The General Terms and Conditions of Sale are subject to change. The version applicable to the Customer’s order is that in force on the Internet Site at the time the order is placed. The General Terms and Conditions of Sale are enforceable against the Customer from the date they are posted on the Internet Site, and cannot be applied to transactions concluded previously.
A description of the Products appears on the Internet Site for each item. It is the Customer’s responsibility to familiarize himself/herself with this information prior to placing an order.
It is however specified that the photographs of the Products are only indicative and do not commit MIEG CREATION. MIEG CREATION will do its utmost to ensure that the color and design of the Products are as faithful as possible to the photographs shown on the Website. However, differences may occur, in particular due to technical limitations related to the settings of the Customer’s screen or lighting when taking photographs. Consequently, MIEG CREATION cannot be held liable for any non-substantial errors in the photographs.
Customizable Products are offered for sale for a defined period, during which the Customer may order the Customizable Product of his/her choice. The order is then forwarded to the manufacturer in charge of producing the Customizable Product.
Products in stock are offered for sale while stocks last.
To place an order on the Website, the Customer must :
Any order implies acceptance of the description of the Products ordered and of the prices in force on the day of the order.
Acceptance of the General Terms and Conditions of Sale by ticking the appropriate box implies full acceptance by the Customer of said General Terms and Conditions of Sale.
It is the Customer’s responsibility to provide accurate and complete information when placing an order. The Customer has the opportunity to check the accuracy of the order and of the information provided before finally validating the order. It is the Customer’s responsibility to rectify any errors immediately before confirming the order.
The order is definitively recorded on the last validation of the order summary screen. This action is assimilated to the handwritten signature referred to in article 1367 of the French Civil Code and constitutes the conclusion of the Contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the same code.
Once validated by the Customer under the conditions described above, the order for Products can no longer be modified and cannot be cancelled by the Customer, subject to the stipulations of article 8 below.
Dès l’enregistrement de sa commande par le Client, un accusé de réception détaillé de celle-ci lui est envoyé à l’adresse e-mail qu’il aura préalablement renseignée. Cet accusé de réception précise le montant exact facturé, l’indication des Produits commandés, leur quantité et les modalités de livraison. En conservant ce courriel, le Client détient une preuve de sa commande que le Vendeur lui recommande de conserver. Pour les Produits Personnalisables, le courriel envoyé au Client lui confirme sa commande ainsi que les délais indicatifs de fabrication et de livraison.
Products are sold at the prices in force on the day of the Customer’s order.
Additional charges are invoiced to the Customer according to the rates indicated to the Customer when the order is placed.
Any applicable delivery charges are indicated on the Internet Site when the Customer selects the delivery method. The amount due by the Customer in this respect is indicated on the order summary page before the Customer confirms payment.
Prices are quoted in euros, inclusive of all taxes.
MIEG CREATION reserves the right to modify its prices at any time, it being understood that only the prices fixed on the day the Contract is concluded are binding on the Customer.
5.2 Terms of paymentThe price is payable in cash, in full, on the day the order is placed by the Customer. Payments are made by credit card. The Customer may also opt to pay the price in instalments, free of charge.
In the case of payment by credit card, payment is made via a dematerialized payment system. To optimize transaction security, the Website uses a secure SSL (Secure SocketS Layer) online payment system, so that every effort is made to ensure the confidentiality and security of data transmitted during payment. This online payment system automatically checks the validity of access rights when paying by credit card, and encrypts all exchanges to guarantee confidentiality. MIEG CREATION uses the CIC Monetico secure payment service.
An invoice is sent to the Customer upon completion of payment.
Payments made by the Customer will only be considered definitive once MIEG CREATION has received the sums due.
Delivery is the transfer of physical possession or control of the Products to the Customer. The risk of loss and deterioration of the Products is transferred to the Customer upon delivery.
Delivery is made by a carrier of MIEG CREATION’s choice to the address indicated by the Customer when placing the order. If the delivery is made to a relay point, a notice of availability is sent to the Customer.
Delivery times for Products in Stock are indicated on the Internet Site when the Customer places the order. Products in stock are dispatched upon receipt of payment by MIEG CREATION.
Delivery times for Customizable Products are indicated to the Customer on the Product sheets. Customizable Products are delivered to the Customer during the delivery period indicated on the Product sheet.
If the Products have not been delivered to the Customer within the period indicated, for any reason other than the act of a third party, force majeure or the fault of the Customer, the latter may cancel the sale by registered letter with acknowledgement of receipt, subject to having enjoined, in the same manner, MIEG CREATION to make the delivery within an additional period of 30 days and that the latter has not complied within this period.
In this case, the sale will be deemed to have been terminated on receipt by MIEG CREATION of the letter informing it of such termination, unless MIEG CREATION has performed the delivery in the meantime. In the event of termination of the sale, the sums paid by the Customer will be returned to him at the latest within fourteen (14) days following the date of termination of the Contract, to the exclusion of any compensation or deduction.
The Customer must notify MIEG CREATION in writing of any damage suffered by a Product during delivery within a maximum period of two (2) days following receipt of the Product. It is the Customer’s responsibility to provide any justification as to the reality of the damage observed. In the event of damage duly noted by MIEG CREATION, the Customer may return the damaged or non-conforming Product to MIEG CREATION in its original condition. MIEG CREATION shall bear the cost of returning the Product and the Customer shall bear the risk. Returned Products must be accompanied by the return slip to be attached to the package.
MIEG CREATION will refund the purchase price of the Product no later than seven (7) days following receipt of the Product by the latter.
Insofar as the right of withdrawal provided for in article 7 hereof does not apply to Customizable Products, MIEG CREATION grants the Consumer Customer a right of return if he changes his mind. This right of return offered to the Consumer Customer is exercised under the same formal conditions as the right of withdrawal. In the event of exercising this right of return, the Consumer Customer may choose between a full refund of the price paid or an exchange of the Product while stocks last. MIEG CREATION is responsible for return shipping costs in Metropolitan France and the Consumer Customer is responsible for all risks.
In accordance with the provisions of article L. 221-18 of the French Consumer Code, when the Contract is concluded at a distance or off-premises within the meaning of article L. 221-1 of the same code, the Consumer Customer has the right to withdraw from the Contract and thus cancel the sale.
However, in application of article L. 221-28, 3° of the French Consumer Code, the right of withdrawal does not apply to sales of Products made to the Consumer Customer’s specifications or clearly personalized.
Where applicable, the right of withdrawal may be exercised with MIEG CREATION within a period of fourteen (14) days from the date of receipt of the Products in stock by the Consumer Customer, by notifying MIEG CREATION, by e-mail to the address “bonjour@mieg-store.com”, of the withdrawal form shown in Appendix 1 or of any unambiguous statement concerning the Consumer Customer’s wish to withdraw from the Contract.
No reasons need be given for exercising the right of withdrawal.
In the event of exercising the right of withdrawal, the Consumer Customer shall return the Products in stock in their original packaging and condition (unworn, clean undirty, unwashed, labelled, etc.) to MIEG CREATION, within a maximum period of fourteen (14) days from the sending of the withdrawal form, together with a copy of the invoice. MIEG CREATION shall bear the cost of returning the goods and the Customer shall bear the risk of returning the goods.
MIEG CREATION will reimburse the Consumer Customer for the price of the order no later than fourteen (14) days following the recovery of the Products in stock by MIEG CREATION or the receipt by MIEG CREATION of proof of shipment, whichever is the earlier.
To exercise his right of withdrawal or return, the Consumer Customer must fill in the form corresponding to his request in appendix 1 and/or 2 and choose if he prefers a :
Only a new, unworn, clean unsalted and labelled Product will be refunded or exchanged. The Product must be returned in its original packaging, or failing that, in packaging guaranteeing equivalent protection.
To return a Product, the Consumer Customer must follow the following procedure:
Return shipping costs are free of charge in Metropolitan France, and the Consumer Customer bears all risks.
If the Consumer Customer chooses to be reimbursed in full, the reimbursement will be made using the same means of payment as that used by the Consumer Customer for the initial transaction.
In accordance with the provisions of articles L. 217-3 et seq. of the French Consumer Code, the Consumer Customer benefits from the legal warranty of conformity on Products for defects of conformity existing at the time of delivery and which appear within a period of two (2) years from delivery.
The Consumer Customer has a period of five (5) years from the date on which he/she was or should have been aware of the lack of conformity to bring an action under the warranty. He/she is exempt from proving the existence of the lack of conformity during the first twenty-four (24) months following the date of delivery of the Products.
In the event of a lack of conformity, the Consumer Customer has the right, under the conditions of articles L. 217-8 to L. 217-17 of the French Consumer Code, to have the defective Product brought into conformity by replacement or, failing this, to have the price reduced or the Contract rescinded.
8.2 Warranty against hidden defectsThe Customer also benefits from the warranty against hidden defects in the Products pursuant to Articles 1641 et seq. of the French Civil Code. However, MIEG CREATION excludes any warranty for latent defects of which it has no knowledge.
Le Client dispose d’un délai de deux (2) ans à compter de la découverte du vice pour agir en garantie.
The Customer has a period of two (2) years from the date of discovery of the defect in which to lodge a warranty claim.
In the event of a latent defect, the Customer has the choice, under the conditions of articles 1644 to 1647 of the French Civil Code, between the return of the Product concerned and reimbursement of its price, or the retention of the Product concerned and a reduction in its price.
The Products offered on the Website comply with current French legislation. MIEG CREATION shall not be held liable in the event of non-compliance with the legislation of the country to which the Products are delivered, which it is the Customer’s responsibility to verify.
The Customer is solely responsible for the choice of the Products, their conservation and/or their use.
The Customer is required to comply with the instructions for use and maintenance of the Products communicated by MIEG CREATION and/or by the manufacturer of the Product.
MIEG CREATION shall not be liable for any use or maintenance of the Product by the Customer that does not comply with the instructions communicated and that causes damage to the Product or an alteration of its characteristics.
MIEG CREATION excludes all liability in case of negligence or fault of the Customer, as well as in case of a third party.
Access, use and navigation on the Website are under the responsibility of the Customer. MIEG CREATION declines all responsibility in this respect and shall in no case be held liable for any damage or virus that may affect computer equipment or any other material when accessing, using or browsing the Website, or downloading any content, data, text, images or files from the Website.
MIEG CREATION shall not be held responsible or liable for any failure to perform or delay in performing its obligations due to the occurrence of a force majeure event.
Constitutes a case of force majeure events beyond the control of MIEG CREATION such as, but not limited to, natural disasters, strikes of a supplier, manufacturer or carrier, blockages of means of transport, epidemics or pandemics, acts of war or riots, prolonged power cuts and, more generally, any event usually retained by the French jurisprudence as well as any event which would prove to be external, irresistible or unforeseeable within the meaning of article 1218 of the Civil code.
MIEG CREATION will inform the Customer, as soon as possible, of the occurrence of a case of force majeure preventing it from performing its obligations, and will take the measures at its disposal to mitigate the effects. In this case, the obligations of MIEG CREATION will be suspended until the end of the event causing the force majeure.
If a force majeure event prevents MIEG CREATION from performing its obligations for a period exceeding (45) working days, the Customer may terminate the Contract by registered letter with acknowledgement of receipt, without any compensation being due on either side.
The property and intellectual property rights attached to the company name, logo, brand, website, Products or any other element of intellectual property of MIEG CREATION are the exclusive property of the latter.
By placing an order, the Customer does not acquire any intellectual property rights on these elements.
The Website, its content and its components are the exclusive property of MIEG CREATION or its partners. As such, they may not be represented or reproduced, in any format whatsoever, and on any medium whatsoever, nor adapted, modified, integrated or translated for private or commercial purposes, without the express consent of the latter. Any of these actions would be likely to constitute an infringement within the meaning of the Code of Intellectual Property and will be prosecuted within the limits permitted by law.
MIEG CREATION is also the owner of the MIEG trademark registered on 18 March 2022 and bearing the number 4853728. Any use of this trademark without the express consent of its owner is strictly prohibited. The unlawful use of this trademark or any other trademark used by MIEG CREATION constitutes an infringement within the meaning of the Intellectual Property Code and will be prosecuted within the limits permitted by law.
The performance of the Contract by MIEG CREATION involves the processing of personal data concerning the Customer, as defined by the regulations in force, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (known as the “General Data Protection Regulation” or “GDPR”) and Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms, as well as its implementing texts.
This data is processed by MIEG CREATION for the purpose of (i) executing the Contract and, where applicable, executing pre-contractual measures taken at the Customer’s request, (ii) complying with the legal and regulatory obligations incumbent on MIEG CREATION and (iii) serving the latter’s legitimate interests.
Any natural person whose personal data is subject to processing as referred to above has a right of access, rectification, deletion, a right to portability as well as a right to limit and a right to object to the processing of such data.
Any request to exercise the aforementioned rights must be sent by e-mail to contact@mieg.fr or by post to MIEG CREATION – 28 rue Xavier Bichat, CS21838 – 72018 LE MANS Cedex 2 (France).
In the event that one or more of the provisions of the General Terms and Conditions of Sale should be or become null and void, illegal or inapplicable, the application of the other provisions shall in no way be affected or impaired.
The Contract is for its validity, interpretation and execution, subject to French law.
In the event of a dispute, the Customer is invited to contact MIEG CREATION in the first instance to seek an amicable solution.
If the dispute persists, MIEG CREATION guarantees Consumer Customers free and effective recourse to a consumer mediation mechanism with CNPM MEDIATION CONSOMMATION. The Consumer Customer may refer the matter to the mediator :
The Consumer Customer established in a member country of the European Union, in Norway, in Iceland or in Liechtenstein can also have recourse to the European platform of online settlement of the disputes (RLL).
All disputes to which the Contract may give rise, concerning its validity, interpretation, execution, resolution, consequences and consequences, shall be submitted to the competent courts under the conditions of common law.
APPENDIX 1
Withdrawal Form
[Please complete and return this form only if you wish to withdraw from the contract]
For the attention of MIEG CREATION, a limited liability company with a capital of 10,000 euros, whose registered office is located at 28 rue Xavier Bichat, CS21838, 72018 Le Mans Cedex 2, registered in the Le Mans Trade and Companies Register under number 917 426 017.
I, the undersigned,
Surname and first name(s) :
Date and place of birth :
Nationality :
Postal address :
declare, in accordance with the provisions of Article L. 221-18 of the Consumer Code, to withdraw from the contract below:
Number of the estimate or the invoice :
Date of receipt of the products :
Done at
On
In two (2) original copies
Signature
|
Name(s) : First name(s): |
APPENDIX 2
Return form
[Please complete and return this form only if you wish to return a Customizable Product.]
For the attention of MIEG CREATION, a limited liability company with capital of 80,088 euros whose registered office is located at 28 rue Xavier Bichat, CS21838, 72018 Le Mans Cedex 2, registered with the Le Mans Trade and Companies Register under number 917 426 017.
I, the undersigned,
Surname and first name(s) :
Date and place of birth :
Nationality :
Postal address :
Declare to return the Customizable Product(s) on the grounds that :
Quotation or invoice number :
Date of receipt of products :
Done at
On
In two (2) original copies
Signature
