TERMS OF SALES
Entre My Silkin, SIRET 83934464500024, represented by Mme Amandine LO, duly authorized for the purposes hereof.
My Silkin representatives can be reached by email by clicking on the contact form accessible via the “Contact” tab of the site or by email at the following address: al@mysilkin.com
Hereinafter the "Seller" or the "Company".
Firstly,
And the natural or legal person purchasing the products or services of the company, Hereinafter, "the Buyer", or "the Customer".
On the other hand,
The following has been stated and agreed:
PREAMBLE
The Seller is the creator of accessories and bed linen, exclusively for consumers, marketed through its website ( https://www.mysilkin.com/ ). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
ARTICLE 1: OBJECT
These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.
ARTICLE 2: GENERAL PROVISIONS
These General Conditions of Sale (GTC) apply to all sales of Products, made through the Company's website which is an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these, at any time by the publication of a new version on its website. The CGV then applicable are those in force on the date of payment (or of the first payment in case of multiple payments) of the order. These Terms and Conditions are available on the Company's website at the following address: https://www.mysilkin.com/conditions-generales-vente
The Company also ensures that their acceptance is clear and without reservation by setting up a check box and a validation click. The Customer declares to have read all of these General Conditions of Sale, and if applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Customer declares that he is able to contract legally under French law or validly represent the natural or legal person for whom he undertakes. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3: PRICE
The prices of the products sold through the website are indicated in Euros and precisely determined on the product description pages. They are also indicated in euros on the order page of the products, and excluding specific shipping costs which are only to them stipulated independently. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary for access to the Company's websites are borne by the Client. If applicable also, delivery costs.
ARTICLE 4: CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product offered by the Seller to be able to place their order. However, the steps described below are systematic:> Information on the essential characteristics of the Product; > Choice of the Product, if applicable of its options and indication of the essential data of the Customer (identification, address, etc.); > Acceptance of these General Conditions of Sale. > Verification of the elements of the order and, if necessary, correction of errors. > Follow-up of instructions for payment, and payment of products. > Delivery of products. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive, if he so requests, a .pdf copy of these general conditions of sale. For the delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of order fulfillment, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any legitimate reason.
ARTICLE 5: PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the My Silkin website. The customer certifies having received a detail of the delivery costs as well as the methods of payment, delivery and execution of the contract. The Seller undertakes to fulfill the Customer's order within the limits of the stocks of Products available only. Otherwise, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation during the validation of the order. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the website of My Silkin, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address communicated). In accordance with legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order.
Colors may differ slightly between screen display and actual products. In fact, the colors on the screen always appear brighter, especially due to the adjustment of the computer screen.
ARTICLE 6: RETENTION OF TITLE CLAUSE
The products remain the property of My Silkin until full payment of the price. The designs, drawings and various graphics of the products will remain the property of My Silkin, even after the order has been placed. Any commercial use, or reproduction for commercial purposes is prohibited.
ARTICLE 7: DELIVERY TERMS
The products are delivered to the delivery address which was indicated when ordering and the time indicated. This period does not take into account the time required to prepare the order. When the Customer orders several products at the same time, these may have different delivery times. All My Silkin orders are sent either in a Tracked Letter or in a Colissimo Tracked. The delivery time is generally 2 to 8 days depending on the destination. More details below:
For shipments to mainland France, Monaco, the delivery time is 48 hours (2 working days).
For shipments to overseas, the indicative delivery time is 5 to 7 days depending on the destination.
For international deliveries, the indicative delivery time is 4 to 8 days depending on the destination
Please note that deadlines may vary and My Silkin cannot be held responsible for them. The Seller provides an email contact point indicated in the order confirmation email to follow up on the order. The Seller recalls that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered.
ARTICLE 8: AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks. In case of unavailability of an item for a period greater than 30 working days, you will be immediately notified of the foreseeable delivery times and the order of this item may be canceled on request. The Customer can then request a credit for the amount of the article or its refund.
ARTICLE 9: PAYMENT
Payment is due immediately upon order, including for pre-order products. The Customer can make the payment by bank card, bank transfer and Paypal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment provider. The information transmitted is encrypted in the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his bank information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically resolved and the order canceled.
ARTICLE 10: WITHDRAWAL PERIOD
In accordance with article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs ”. "The period mentioned in the previous paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services". The right of withdrawal can be exercised by contacting the Company by email or by completing the contact form on the website. We inform Customers that in accordance with article L. 121-20-2 of the Consumer Code, this right of withdrawal cannot be exercised for personalized or made-to-measure products. In the event of exercise of the right of withdrawal within the above-mentioned period, only the price of the product (s) purchased and the shipping costs above standard delivery costs will be reimbursed. Additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method, will remain the responsibility of the customer. Return costs remain the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, etc.) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the proof of purchase.
ARTICLE 11: CLAIMS
If necessary, the Buyer can present any complaint by contacting the company using the contact form, on the page https://www.mysilkin.com/contact or directly by email via the following address: al @ mysilkin. com
ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS
The drawings, designs, graphics, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 13: FORCE MAJEURE
The execution of the seller's obligations at the end of these conditions is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 14: NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract is canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
ARTICLE 15: PROTECTION OF PERSONAL DATA
In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller sets up a processing of personal data which finality the sale and delivery of products and services defined in this contract. The Purchaser is informed of the following:
- the identity and contact details of the controller and, where applicable, of the representative of the controller: the Seller, as indicated at the top of these GTCS; - the legal basis of the processing: the contractual execution of the sale; - the recipients or categories of recipients of personal data, if they exist: the data controller, the subcontractors involved in the delivery operations and the SAS OVH web host ( https://www.ovh. com / ) - 2 rue Kellermann- BP 80157-59100 Roubaix; - no transfer outside the EU is planned; - the duration of data storage: the time of commercial prescription; - the data subject has the right to request the controller (by email, indicated at the top of these GTCS or by contact form available on the website https://www.mysilkin.com/ ) access to personal data personal, rectification or erasure thereof, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability. ; - The person concerned has the right to lodge a complaint with a supervisory authority; - the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decision or profiling is implemented through the order process.
ARTICLE 16: APPLICABLE LAW
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations which are referred to therein, will be subject to French law.