Miuska

TERMS OF SALES – JUNE 2020

Preamble

These Terms or Slaves – TofS – are concluded on the one hand by the SARL A2SENS Conseils holder of the brand MIUSKA with a capital of 1000 euros whose registered office is located at 9 rue de élite 33000 Pessac FRANCE, registered at Bordeaux Trade and Companies Register under the number 83048980300015 hereinafter called “MIUSKA SWIMSUIT” and managing the site www.miuska.com and, on the other hand, by any natural or legal person wishing to make a purchase via the site internet www.miuska.com hereinafter referred to as “the buyer”.

Article 1: object

These conditions govern sales between MIUSKA SWIMSUIT and the buyer for any purchase made through the website www.miuska.com. The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale of which the buyer acknowledges having read before ordering.

Article 2. Products

The products offered are those listed on the site www.miuska.com within the limits of available stocks. The photographs are as faithful as possible but do not in any way commit MIUSKA SWIMSUIT.

Article 3. Tariffs

The prices of our products are indicated in Euros (€) all taxes included (VAT) taking into account the VAT and other taxes applicable on the day of the order, unless otherwise indicated and excluding processing and shipping costs. When ordering to a country other than mainland France, the buyer is the importer of the product(s) concerned. Customs duties or other local taxes or import duties of transport companies or state taxes may be payable. These rights and sums are not the responsibility of MIUSKA SWIMSUIT. They will be the responsibility of the buyer and are their full responsibility, both in terms of declarations and payments to the competent authorities and bodies in their country. We advise you to find out about these aspects from your local authorities. In the event of a refusal of delivery on the part of the buyer, the latter will always remain liable for customs fees, and will be punctuated by these in the reimbursement of his order.

All orders regardless of their origin are payable in Euros.

MIUSKA SWIMSUIT reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability. The products remain the property of MIUSKA SWIMSUIT until full payment of the price. Please note: as soon as the buyer takes physical possession of the products ordered, the risk of loss or damage to the products is transferred to him.Avant toute première commande, l’acheteur doit créer un compte sur le site www.miuska.com. Les informations contractuelles sont présentées en langue française et feront l’objet d’une confirmation au plus tard au moment de la validation de votre commande. MIUSKA SWIMSUIT se réserve le droit de ne pas enregistrer un paiement, et de ne pas confirmer une commande pour quelque raison que ce soit, et plus particulièrement en cas de problème d’approvisionnement, ou en cas de difficulté concernant la commande reçue.

Si le paiement est accepté, la commande est enregistrée et le contrat définitivement formé. Le paiement par carte bancaire est irrévocable. En cas d’utilisation frauduleuse de celle-ci, l’acheteur pourra exiger l’annulation du paiement les sommes versées seront alors recréditées ou restituées. La responsabilité du titulaire d’une carte bancaire n’est pas engagée si le paiement contesté a été prouvé effectué frauduleusement, à distance, sans utilisation physique de sa carte. Pour obtenir le remboursement du débit frauduleux et des éventuels frais bancaires que l’opération a pu engendrer, le porteur de la carte doit contester, par écrit, le prélèvement auprès de sa banque, dans les 70 jours suivant l’opération, voire 120 jours si le contrat le liant à celle-ci le prévoit. Un récapitulatif des informations de votre commande et des présentes Conditions Générales, vous sera communiqué en format PDF via l’adresse e-mail de confirmation de votre commande. Le règlement de vos achats s’effectue par carte bancaire ou autre grâce au système sécurisé STRIPE ou Paypal. Le paiement par compte Paypal est irrévocable. En cas d’utilisation frauduleuse de celle-ci, l’acheteur pourra exiger l’annulation du paiement les sommes versées seront alors recréditées ou restituées.

Si l’acheteur souhaite contacter MIUSKA SWIMSUIT, il peut le faire soit par courrier à l’adresse du siège social, soit par email à l’adresse suivante : cs@miuska.com.

Article 4. Order and payment methods

Before any first order, the buyer must create an account on the site www.miuska.com. The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order. MIUSKA SWIMSUIT reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.

If the payment is accepted, the order is recorded and the contract definitively formed. Payment by credit card is irrevocable. In the event of fraudulent use thereof, the buyer may request the cancellation of the payment, the amounts paid will then be re-credited or returned. The responsibility of the holder of a bank card is not engaged if the disputed payment has been proven to be made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the card holder must contest, in writing, the debit with his bank, within 70 days of the transaction, or even 120 days. if the contract binding it to it provides. A summary of your order information and these General Conditions will be communicated to you in PDF format via the email address confirming your order. Payment for your purchases is made by bank card or other using the secure STRIPE or Paypal system. Payment by Paypal account is irrevocable. In the event of fraudulent use thereof, the buyer may request the cancellation of the payment, the amounts paid will then be re-credited or returned.

If the buyer wishes to contact MIUSKA SWIMSUIT, he can do so either by mail at the address of the head office, or by email at the following address: cs@miuska.com.

Article 5. Withdrawal

In accordance with the provisions of article L.121-21 of the Consumer Code, the buyer has a withdrawal period of 14 days from the receipt of his products to exercise his right of withdrawal without having to justify reasons and thus return the product to the seller for a refund without penalty, except for shipping and return costs. Returns must be made in their original condition and complete (packaging, accessories, instructions) and must not have been worn. In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. In the event of exercise of the right of withdrawal, MIUSKA SWIMSUIT will reimburse the sums paid (goods only), within 14 days of the notification of your request. If you wish to exchange your products, Miuska will bear the costs of shipping new products.

Article 6. Delivery

Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. Orders are made by La Poste, delivery service with tracking, delivery with or without signature, DHL Express express delivery service with monitoring and delivery against signature or MONDIAL RELAY delivery service in Relay Points with monitoring and delivery against signature. Delivery times are given for information only; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. The risks related to transport are the responsibility of the buyer, he is required to check in the presence of the attendant of La Poste or the deliveryman, the condition of the packaging of the goods and its content on delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.

Article 7. Product warranty

All products supplied by the company MIUSKA SWIMSUIT benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded. All complaints, requests for exchange or reimbursement must be made by email to cs@miuska.com within 15 days of delivery. The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions …) and must not have been worn. Return costs will be reimbursed upon presentation of supporting documents, up to a limit of € 10 for France and € 20 for Europe & the World.

The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.

Article 8. Liability

The products offered comply with current French legislation. MIUSKA SWIMSUIT cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services that you plan to order. Furthermore, MIUSKA SWIMSUIT cannot be held liable for damage resulting from improper use of the product purchased. Finally, MIUSKA SWIMSUIT cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.

Article 9. Intellectual property

All elements of the site www.miuska.com are and remain the intellectual and exclusive property of the company MIUSKA SWIMSUIT. No one is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.

Article 10. Modification of the general conditions of sale

MIUSKA SWIMSUIT reserves the right to adapt or modify these general conditions of sale at any time. In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.

Article 11. Applicable law

These general conditions are subject to French law. This is the case with the substantive rules as well as with the rules of form. In case of dispute or complaint, the buyer will first contact MIUSKA SWIMSUIT to obtain an amicable solution.

Article 12. Protection of personal data

MIUSKA SWIMSUIT reserves the right to collect personal information and personal data concerning you. They are necessary for the management of your order, as well as for the improvement of the services and information that we send to you. They can also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, directly on the website.

Article 13. Archiving, Proof

MIUSKA SWIMSUIT will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.

Article 14. Cases of force majeure

None of the parties will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event of force majeure. In an express way, will be considered as force majeure or fortuitous cases, in addition to those which are usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport, earthquake, fires, storms, flood, lightning, stopping telecommunications networks, wars,…

The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware.

Article 15. Partial invalidity

If one or more stipulations of these general conditions are held for not validated or declared as such in application of a law, a regulation, or following a final decision of a competent court, the other stipulations will keep all their strength and reach.

Article 16. Disputes

MIUSKA SWIMSUIT’s responsibility is, in any event, limited to the amount of the order and cannot be questioned for simple errors or omissions which could have subsisted despite all the precautions taken in the presentation of the products.

Article 17. Customer service

For any information or question, MIUSKA SWIMSUIT Customer Service can be contacted by e-mail at the following address cs@miuska.com or by post to the address of the head office.

Article 18. Logistics service

Any return of packages, merchandise, products, should be addressed to MIUSKA SWIMSUIT at 9 rue de élite, 33600 Pessac FRANCE.