General Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALES (« CGTS ») FOR ORDERS OFFERED ON THE WEBSITE https://mirellabroggidaughters.com/
Table of contents
- OBJECT 3
- OPERATION OF THE WEBSITE 3
- ACCESS AND ACCESSIBILITY OF THE WEBSITE 3
- PRE-CONTRACTUAL INFORMATION 3
- ACCEPTANCE OF THE GTCS 4
- OPENING OF A CUSTOMER ACCOUNT 4
- PRODUCTS AVAILABILITY 4
- ORDERS 5
- PRICES 5
- PAYMENT TERMS 5
- DELIVERY 6
- RIGHT OF CANCELLATION 7
- REASONS FOR RETURNING PRODUCTS 7
- CONDITIONS FOR RETURNING PRODUCTS 9
- PROCEDURES AND DEADLINES FOR RETURN OF PRODUCTS 9
- REFUND PROCEDURES 9
- LEGAL GUARANTEE OF PRODUCT CONFORMITY 9
- LIMITATIONS OF LIABILITY 10
- FORCE MAJEURE 10
- RETENTION OF OWNERSHIP - INTELLECTUAL PROPERTY 11
- PARTIAL INVALIDITY 11
- NON-WAIVER 11
- APPLICABLE LAW - MEDIATION - COMPETENT JURISDICTION 11
- LANGUAGE OF THE CONTRACT 11
- APPENDIX 1: MODEL WITHDRAWAL FORM 11
Updated on December 7th 2021
The purpose of these general terms and conditions of sale (the "GTCS") is to define the terms and conditions of the product (the “Product”) offered (the "Order") on the website https://mirellabroggidaughters.com/ (the "Website") by the customer (the “Customer ").
In particular, they are accessible and printable at any time by a direct link on the Website.
The Site is operated by the company “The O.P” (French company legal status “auto-entreprise” ) whose head office is located at 28 rue de la Paroisse - 77300 Fontainebleau France and registered at the Commerce Registry of Melun under number 814 078 838 (“MBD” or the “Company”).
MBD customer service can be reached at the following coordinates:
- email address: lucille@mirellabroggidaughters.com ;
- postal address: 28 rue de la Paroisse - 77300 Fontainebleau France.
The Website is accessible, subject to the restrictions detailed on the Website, to any:
- natural person with full legal capacity to commit to these terms and conditions;
- legal person acting through a natural person who has the legal capacity to contract on behalf of and for the account of the legal person.
The Website is accessible to all Internet users 24/7, except in the case of any interruption by MBD or by its service providers, whether scheduled or not, for the needs of its maintenance and/or security, or in the event of force majeure (as defined in Article 19 below). MBD cannot be held liable for any damage of any kind whatsoever resulting from the unavailability of the Website.
MBD does not guarantee that the Website will be free from anomalies, errors or bugs, or that the Website will operate without breakdown or interruption. In this regard, the Company may determine freely and at its entire discretion any period of unavailability of the Website or its content. Neither can MBD be held liable for data transmission, connection or network unavailability problems.
The Customer acknowledges that he/she assumes all the risks associated with any content downloaded or obtained in any other way through the use of the Website, and agrees that he/she is solely liable for any damage caused to his/her computer system or any loss of data resulting from the downloading of this content.
The Customer acknowledges the communication of these GTCS, and all the information specified in Article L. 221-5 of the French Consumer Code, presented in a readable and understandable form, prior to placing the order and entering into the contract.
These GTCS are transmitted to the Customer and include, in particular, the following information:
- product characteristics;
- the price of the Products and/or method of calculating the price;
- transport, delivery or postage costs and any other charges that may be required;
- delivery times;
- information relating to the identity of the Company.
The Customer declares to have read and accepted these GTCS prior to placing his/her Order. The validation of the Order therefore implies acceptance of the GTCS.
These GTCS apply to the exclusion of all other terms and conditions, including those applicable to sales in shops or through other distribution and marketing channels.
Acceptance of these GTCS is indicated by a check box on the registration form. This acceptance can only be full and complete. Any conditional acceptance will be considered null and void.
MBD reserves the right to adapt or modify these GTCS at any time. The version of the GTCS applicable to any sale is the version appearing online on the Website at the time of an Order. Changes to these GTCS are enforceable against the Website users at the time they go online and cannot be applied to previously completed transactions.
To be able to place an Order, the Customer must first register on the Website by creating an account containing the Customer's information (the 'Account'). Each Customer is only allowed to have one account at the same time. The Company reserves the right to delete multiple registrations.
The Customer's registration on the website will be validated by MBD after checking the standard form completed by the Customer. The Customer will receive a registration confirmation email.
When creating his/her Account, the Customer must ensure the accuracy and completeness of the data provided. The Customer is required to maintain this personal information updated at all times. In the event of an error when entering the recipient's contact details, MBD cannot be held liable for the impossibility to deliver the Products.
By registering on the Website, the Customer declares and guarantees to MBD that he/she is of legal age and has the legal capacity to enter into a contract.
MBD may delete the Customer Account at any time, for any reason, at its sole discretion.
The Products offered for sale are those described on the Website on the day the Customer consults the Website, within the limits of available stocks.
MBD takes the greatest care in the presentation and description of its Products in order to best inform the Customer. These details are updated automatically in real time. However, any error in the update, whatever its origin, will not invoke the liability of MBD. Furthermore, MBD cannot be held liable for the cancellation of an Order for a Product due to the depletion of stocks.
Despite the best efforts of MBD to meet its Customers' expectations, the Company may not be able to process an Order, even though the Customer has been sent a confirmation email summarising the Order. In these circumstances, the Company reserves the right to inform the Customer of the possibility of ordering replacement Products of the same or greater value. If the Customer does not wish to order these replacement Products, the Company undertakes to refund the Customer for any amount paid in accordance with the terms of Article 16.
MBD cannot be held liable towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Website, or the replacement or modification of any content or information appearing on this Website, or the impossibility of processing an Order after sending a confirmation email summarising the Order.
Ordering on the Website is subject to compliance with the procedure set up by MBD on the Website, made up of successive stages leading to the validation of the Order.
The Customer can select as many Products as he/she wishes, which will be added to the basket (the 'Basket'). The Basket summarises the Products chosen by the Customer, as well as the related prices and costs. The Customer can freely modify the Basket before validation of the Order.
For the Order to be validated, the Customer must accept these GTCS by clicking where indicated. The Customer must also choose the delivery address and method before confirming the method of payment.
The sale will be considered final after:
- the Customer has been sent a confirmation email of the acceptance of the Order by the Company, and
- the Company has received the full price.
The Company will issue an Order confirmation to the Customer by email. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GTCS, the Products purchased, their price as well as the associated costs.
To this end, the Customer formally accepts the use of email by MBD for confirmation of the content of the Order. Invoices are available in the 'my account' section of the Website and will also be sent by email.
In certain cases, particularly of a payment default or errors on the Customer's account, the Company reserves the right to block the Customer's Order until the Customer's problem is resolved.
The computerized records kept will be considered as proof of communications, Orders, and payments between the parties.
The Company reserves the right to refuse to make a delivery, or to process an Order from a Customer, if a previous Order has not been fully or partially settled, or if a settlement dispute is ongoing.
The essential characteristics and the prices of the Products are indicated on the Website in euros.
The prices do not include delivery charges, which are charged as extras and shown on the Order form before validation. They also do not take into account customs duties and other levies which must be paid by the Customer directly to the carrier.
The prices displayed are calculated and include the value added tax (VAT) applicable in France, or that applicable in the country of delivery located within the European Union.
MBD reserves the right to modify its prices at any time, albeit that the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
Products are payable with immediate effect when the Order is placed.
The data recorded and kept by MBD constitute proof of the Order and of all past sales.
To make payment for an Order, the Customer can choose from the following payment methods:
- bank card (Visa, Mastercard), and
- the secure electronic payment services Paypal and Stripe.
The Customer expressly acknowledges that the communication of his/her bank card number to MBD constitutes authorization to debit his/her Account up to the price of the Products ordered. Where applicable, a notification of cancellation of the Order for non-payment will be sent to the Customer by MBD to the email address provided by the Customer when registering on the Website.
The Company reserves the right to suspend any Order and any delivery in the event of refusal of authorization of a bank card payment by the officially accredited agencies, or in the event of non-payment.
- DELIVERY TIME
Subject to the provisions of the aforementioned Article 7 relating to the availability of the Products, and except in cases of force majeure (as defined in Article 19Force Majeure), or during periods of closure of the online store which will be communicated on the home page of the Website, the delivery times will be those indicated in the section below. Delivery times run from the date of registration of the Order, as indicated on the Order confirmation email.
Deliveries will be made within the following approximate time frames, depending on the option chosen by the Customer when confirming the Order. It should be noted that these times are given for information only, and only represent the time frames usually observed.
|
Approximate time |
|
|
Metropolitan France, Monaco, Corsica and DROMs |
1 to 3 working days |
|
European Union |
3 to 5 working days |
|
COMs and other countries |
5 to 10 working days |
If delivery cannot be made due to a force majeure or fortuitous event, the delivery time will be extended according to the duration of the incident.
Notwithstanding the foregoing, MBD cannot be held liable for the harmful consequences resulting from a delay in delivery, only the refund of the Product by MBD being possible, to the exclusion of any other form of compensation.
In the event that the Company fails to fulfill its obligation to deliver the Product at the end of a period of thirty (30 days) following the date of confirmation of the Order, the Customer may terminate the contract, by registered letter with acknowledgement of receipt (or in writing on another durable medium such as an email sent to lucille@mirellabroggidaughters.com), if MBD have been at first enjoined (under the same terms), to make the delivery in a reasonable additional period, and MBD have failed to do so within this period. The Customer will then be refunded the full amount paid in accordance with the terms of Article 16, at the latest within fourteen (14) days following the date on which the contract was terminated.
- DELIVERY METHODS
Delivery means the transfer to the Customer of physical possession of the Products (the 'Delivery').
Delivery will be made to the delivery address indicated by the Customer, it being specified that this must be the address of the residence of the Customer, a natural person of his/her choice, or a legal entity (delivery to a company).
To ensure that these time frames are met, the Customer must ensure that he/she has provided complete and accurate information concerning the delivery address (such as, in particular: street, building and staircase numbers, access codes, intercom names and/or numbers, etc.). If it is impossible to make the Delivery due to an incorrect delivery address, no reshipment can be made, and the Customer will be refunded within approximately fourteen (14) working days from receipt of the Order by MBD.
- DELIVERY
The Delivery costs applicable to the Order are those indicated on the Website at the time of the Order, in the 'Deliveries and Returns' section. Delivery costs are calculated automatically when ordering on the Website.
Delivery costs will be free in France for purchases over 400 euros.
Delivery costs will be of 22 euros for Europe, excluding France for orders over 400 euros, and of 29 euros for the rest of the world.
The return costs are free in mainland France and within the EU. Return costs are also free, for returns related to an error with the delivered Product, or if the Product is damaged. The procedure to be followed is that set out in Article 15.
Return costs are the responsibility of the Customer if the Product to be returned to the Company has been delivered outside the European Union.
In accordance with Article L.221-18 of the Consumer Code, non-professional Customers have a period of fourteen (14) days from receipt of the Order to exercise their right to cancel a purchase from MBD, without having to justify their decision.
The right of cancellation can be exercised, either by logging into the customer account in the 'order' section, or by using and sending the order cancellation form annexed to the General Terms and Conditions of Sale, by post, to the following address: MBD - Returns Department 28 rue de la Paroisse - 77300 Fontainebleau, France, or by email at lucille@mirellabroggidaughters.com.
The return of the Product must be made within (14) days of the communication of the decision to cancel, (Article L. 221-21 of the French Consumer Code) in accordance with the provisions of Articles 14 and 15.
The right of cancellation may be exercised without penalty.
All amounts paid, including delivery costs (to the original place of delivery) will be refunded as soon as possible, and in any event within fourteen (14) days from the date of notification to the Company of the intention to cancel. A refund will be made under the terms and conditions provided for in Article 16.
- DELIVERY ERRORS
The Customer must make any claim against the Company for delivery error and/or non-conformity of the nature of the Products with the description appearing on the purchase order, on the same day of delivery, or at the latest on the first working day following Delivery. Any claim made beyond this period will be rejected.
Claims can be made to the Company's Customer Service at the following address: lucille@mirellabroggidaughters.com.
The applicable methods of return are those indicated in Article 15.
- DAMAGED PRODUCTS
At the time of delivery of the Products, the Customer must check that the packaging of the Product is intact, and that it has not been altered in any way. If the packaging is damaged, MBD recommends the Customer to take detailed pictures of the package and the Products upon receipt, to make a declaration immediately to the carrier in charge of delivery, and to inform MBD Customer Service at the following address: lucille@mirellabroggidaughters.com within three (3) working days.
In the event of a reservation made under the terms and conditions mentioned in the previous paragraph with the carrier and/or our Customer Service, an investigation will be opened with the carrier, and a response will be sent to the Customer within seven (7) working days.
If the Products need to be returned to the Company, they must be the subject of a return request to the Company within fourteen (14) days of Delivery, in accordance with the terms of Articles 14 and 15. Any claims made after this deadline will not be accepted. Product returns will be only accepted for the Products in their original state (packaging, accessories, etc.).
In the absence of such an express reservation, the delivery will be considered as accepted, and no dispute on the packaging can be validly made thereafter.
- DEFECTS
MBD ensures that high quality standards are met without interruption in the manufacturing of all Products. Each Product is checked before shipment.
However, if a Product has a defect, the Customer must contact the Company's Customer Service immediately, and no later than five (5) working days following the delivery date, at the following address: lucille@mirellabroggidaughters.com.
In such a case, the Customer must indicate in the email the alleged defect and attach all the documents in support of the claim (detailed photos of the Product, date of purchase, Order number, etc.).
After examining these documents, MBD reserves the right to recover the Product in order to carry out a physical assessment. Only in cases where a defect is acknowledged, MBD undertakes, either to replace the defective Product insofar as stocks exist, or to partially or fully refund the Customer for the purchase price, depending on the nature of the defect.
MBD reserves the right to refuse to process a claim not complying with the above deadline, or a claim relating to a defect for which the Customer is responsible, or if it concerns an imperfection due to the nature of the Product (some Products may have small irregularities and/or roughness inherent in their manufacturing process or in the material used).
The applicable methods of return are those indicated in Article 15.
- RIGHT OF RETURN OF PRODUCTS
Without prejudice to the legal right or withdrawal, MBD will accept the return of undamaged and unworn Products, these three conditions being checked before returning said Products to stock within fourteen days.
The procedures and conditions for a return with regard to exchanges are similar to the terms and conditions indicated in Articles 14 and 15. For any questions, the Customer may contact the returns service at any time at the following email address: lucille@mirellabroggidaughters.com.
- EXCHANGES OF PRODUCTS
MBD accepts the exchange of undamaged and unworn Products, these two conditions being checked before returning said Products to stock within fourteen days.
The procedures and conditions for a return with regard to exchanges are similar to the terms and conditions indicated in Articles 14 and 15. For any questions, the Customer may contact the returns service at any time at the following email address: lucille@mirellabroggidaughters.com.
The Products must be returned in perfect condition, accompanied by the return slip, the purchase invoice, and the delivery slip.
The package should be returned in the original outer box (designed for this purpose) and must contain all the items contained in the box upon delivery.
Returns can be made using the shipping box that was delivered with the Product.
In order to be able to return items when the purchase, the following steps should be followed:
- contact Customer Service at lucille@mirellabroggidaughters.com in order to obtain the printable return slip (the 'Return Slip');
- place in the original shipping packaging the Product to be returned and all the accessories offered, the purchase invoice, the delivery slip found in the package, as well as the printed Return Slip;
- go to a post office (national post office or Mondial Relay if applicable) and send the package with a tracking number;
- send the package via a traceable shipping method;
- send the tracking number of the package to: lucille@mirellabroggidaughters.com.
The Customer will then receive a refund from the Company of the costs of return together with the cost of the Order.
MBD cannot be held liable for any loss, theft or damage to the returned package.
Packages will be refused if it is not possible to identify the Customer (Surname, first name, address, and return code).
The return must be made within fifteen (15) days maximum from receipt of the Return Slip.
MBD will make the refund using the same means of payment as that which was used for the payment of the Order, unless the Customer expressly agrees to use another. If this payment method has expired, the Customer must contact the customer service to request a modification of the refund method, which will not result in additional costs.
MBD cannot be held liable for any refund on an expired means of payment.
If the Customer does not comply with these GTCS, MBD will not be able to make a refund for the Products concerned.
In France, MBD guarantees the conformity of the Product sold, the Customer being able to make a claim under the legal guarantee of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code.
Consequently, the Customer has a period of two years from the delivery of the Product to take such action. The Customer may choose between having the Product repaired or replaced (subject to the cost conditions provided for in Article L.211-9 of the Consumer Code). The Customer is exempted from reporting proof of the existence of a Product non-conformity during a period of 24 months.
The Customer may decide to use the guarantee against latent defects in the Product sold under Article 1641 of the French Civil Code. It will be up to the Customer to prove that the defects existed during the sale of the Product, and that they are such as to render the Product unfit for the intended use. This guarantee must be claimed within two years from the discovery of the defect. The Customer can choose between cancelling the sale or accepting a price reduction in accordance with Article 1644 of the French Civil Code.
The conformity guarantee will not apply in the event of any modification made to the Product, in the event of abnormal wear and tear of the Product, in the event of inappropriate use of the Product, in the event of non-compliance with the Product maintenance rules, and in the event of damage caused by transport or storage of the Product.
Subject to any liability arising from a defect as defined above, MBD will only be liable for damage resulting from gross negligence or willful misconduct, whether in connection with the conclusion of the Order, the execution of the Order, or in the context of the use of the Website by the Customer.
The documents, descriptions and information relating to the Products appearing on the Website are not covered by any guarantee, express or implied, with the exception of the guarantees provided for by law.
MBD is only required to deliver Products that comply with the contractual provisions. The Products shall be considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Website; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the criteria of quality and resistance which are generally accepted for products of the same type and which can be reasonably expected.
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
In the event of the occurrence of a force majeure event, MBD informs the Client within fifteen (15) business days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil disturbance, insurgency, war, act of terrorism, inclement weather, epidemic, blocking of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of MBD or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
MBD retains full and entire ownership of the Products sold until full receipt of the full price, in principal, costs, taxes and compulsory contributions included.
The content of the Website remains the property of the Company, the sole owner of the intellectual property rights over this content.
If one or more provisions of these GTSC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions will retain all their force and their scope.
No tolerance, inaction or inertia of MBD can be interpreted as a waiver of its rights under the terms of the GTSC.
The sale of the Products is subject to French law.
Under article L.612-1 of the French Consumer Code "every consumer has the right to have recourse free of charge to a consumer mediator for the amicable termination of the dispute between him and a professional".
When a dispute arises, the Customer may send a written request to the Company in order to find an amicable solution beforehand with the customer service.
In the absence of an amicable resolution, a request to a mediator may be sent within one year of the amicable complaint made to the customer service, with a view to settling the dispute out of court.
The Customer may refer to the European Commission's online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union available at the following link: https://ec.europa.eu/consumers/odr/main/?event= main.home.selfTest.
In the absence of an amicable settlement, any dispute relating to, the interpretation of the GTSC, the execution or termination of a sale, the interpretation, execution or termination of these GTSC will be submitted to the legally competent courts. .
These GTSC are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
APPENDIX 1: MODEL WITHDRAWAL FORM
(Complete and return by registered letter with acknowledgment of receipt within a maximum period of 14 days following receipt of the Product. We advise you to also specify your order number)
|
WITHDRAWAL FORM |
For the attention of MBD, “The O.P” (French company legal status “auto-entreprise” ) whose head office is located at 28 rue de la Paroisse - 77300 Fontainebleau France and registered at the Commerce Registry of Melun under number 814 078 838 (“MBD” or the “Company”).
I hereby notify you of my withdrawal from the contract of the sale of the Product (s) below:
Ordered on ……… (date of order) and / or received on ……………. (date of delivery)
Name of the consumer Client:
Consumer Client's Address:
Signature of the consumer Customer (only if this form is notified on paper)
Date:
For any information, you can contact the customer service at lucille@mirellabroggidaughters.com.
A commitment to the highest quality
Made in Italy and France
We are committed to providing you with garments that are sustainable and of the highest quality.
We select only the best organic silk or recycled fabrics to make our garments.
The fabrics come from Como, Italy, the most famous zone for silk and printing on silk.
All our garments are then produced in limited quantities in small ateliers in Como, Italy and in Paris, France.
Artistic Collaborations
All our prints are exclusive, and the result of an artistic collaboration with artists.
For our first collection, The Lagos Edition, Lagos has been our muse.
We have explored this city we once called home through our collaboration with Nigerian artist and illustrator Yega, an artistic exchange which yielded seven paintings, later turned into exclusive prints.
