Terms of Use
PREAMBLE
GENERAL CONDITIONS OF SALE AND USE OF THE SITE
The company Mahmood Ecommerce, company number 99-2125582, having its registered office at 2318 Halls Grove Rd, Gambrills, MD 21054, United States and operating its business under the trade name Colette Paris (hereinafter the "Seller") operates an online sales site for meditation products (hereinafter the "Product(s)") accessible at the following address: https://coletteparisboutique.com (hereinafter the “Site”) offered to all consumers, as defined by the Consumer Code as any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity (hereinafter the “Customer(s)”).
The Seller can also be contacted at the following electronic address : client@coletteparisboutique.com and telephone: +1 (917) 508-5591
On this Site, the terms “we”, “us” and “our” refer to the Seller. References to the terms “You”, “Your” or “Yours” refer to the Customer.
ARTICLE 1. PURPOSE OF THE GENERAL CONDITIONS OF SALE AND USE OF THE SITE
These general conditions are applicable for the use of the Site and/or for any purchase made via the Site (hereinafter the “General Conditions of Use and Sale” or “CGUV”).
ARTICLE 2. ENFORCEABILITY OF THE GENERAL CONDITIONS OF SALE AND USE
Any order and/or purchase implies acceptance, without reservation, of these T&Cs.
The Customer may read these T&Cs before any use and/or purchase on the Site.
Acceptance of the conditions applicable to the purchase will be materialized, at the time of finalizing the order, by unreserved acceptance of these General Terms and Conditions, by checking the box provided for this purpose.
It is expressly agreed that the use of the Site and/or the purchase of a Product on the Site entails full and complete acceptance of these T&Cs, to the exclusion of all other conditions emanating from the Seller or the Customer, and in particular other general conditions of sale or purchase, contract or invoices.
The T&Cs come into force from their publication on the Site on the date stipulated in the header hereof. However, the Seller remains free to modify them at any time, the version of the T&Cs applicable being the version dated on the day of use of the Site and/or placing of the order. All new features and tools that will be added subsequently to the Site will also be governed by these T&Cs.
ARTICLE 3: CONDITIONS OF USE OF THE SITE
3.1 Access to the Site
The Site is accessible free of charge from any location on computer and mobile phone.
Access to and use of the Site, operating via remote access, requires a connection to the telecommunications network “Internet”. The User must have an up-to-date Internet browser allowing optimal use of the Site.
This Internet access must be provided by a third-party telecommunications operator, the choice, cost and access terms of which are the sole choice and responsibility of the Customer and its telecommunications provider.
The Site is hosted on Shopify Inc providing the e-commerce platform that allows us to sell our associated products and services to you.
3.2 Use of the Site
In addition to the prohibitions set out in the T&Cs, the rules of decency and courtesy expected online, you are prohibited from using the Site or its content or from publishing, sending or transmitting, by any means and in any form whatsoever:
(a) for illegal purposes,
(b) to incite others to carry out or take part in illegal acts;
(c) to violate any applicable law, regulation or more generally, any regulation,
(d) to infringe, reproduce or violate, in any manner and on any medium whatsoever,
either our intellectual property rights or those of third parties,
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or
discriminate against anyone based on gender, sexual orientation, religion, origin
ethnicity, race, age, national origin, or disability,
(f) to submit false or misleading information,
(g) to upload or transmit viruses or any other type of malicious code that will or
could be used in a way that could compromise the functionality or operation of the
Service or any other associated, independent, or Internet website,
(h) to collect or track the personal information of others,
(i) to spam, phish, hijack a domain, extort information, crawl,
explore or scan the web (or any other resource),
(j) for obscene or immoral purposes; or
(k) to undermine or circumvent the security measures of our Site.
The Site reserves the right to suspend and/or delete access, use and/or the account of any Customer who contravenes the aforementioned rules, in addition to taking legal action.
Although the Seller will use its best efforts to ensure the best possible access to the Site, your access to it may occasionally be suspended or limited to allow for repairs, maintenance, or to add a new feature or service. The Seller will ensure that the frequency and duration of these suspensions or limitations are limited, in accordance with the limitations specific to the Internet.
3.3 Third-party intervention
Certain content and services available through our Site may include materials from third-party providers.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and/or assume any liability or responsibility for any third-party materials, websites, products, or other materials or services of third-parties.
3.4 Protection of the Site
Although the Seller implements all measures and makes its best efforts to ensure the protection of the Site, the Seller does not guarantee in any way that the Site is free from viruses, hacking or destruction elements, or any other malicious program, and does not guarantee the infallible nature of its Site although it will make its best efforts to ensure this.
ARTICLE 4 – SALE OF PRODUCT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
The prices of our products may be modified without notice, the applicable price being that displayed at the time of placing the order.
The purchase of a Product from the Site is made after completing the following successive steps:
4.1 Selection of Product(s)
After visiting the Site and clicking on the “Our Products” tab at the top of the screen on the Site’s home page or after being redirected to this page by clicking on a link specially provided for this purpose, which takes you directly to the “Our Products” page of the Site or to any specific Product, the Customer will choose the Product of their choice by clicking on its label.
The Customer must successively select the quantity of Product desired and according to the Product(s), their model and the associated color.
The Customer then clicks on the “Add to cart” tab and has the option to continue their purchases or, at any time, to view their purchase by clicking on the “View my cart” tab or on the cart logo located at the top right of the Site page.
We have made every effort to display as accurately as possible the colors and images of our products that appear at our Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
4.2 Order process
The Customer will then be redirected to the summary page of their purchases indicating the selected Product(s) as well as the quantity, model, color and price relating to each of the Products. On this occasion, the Customer will be able to check the Product(s) subject to their order.
To finalize the order, the Customer must click on the “Proceed to payment” tab. The Customer must then provide the following information in the “Information” step:
• Contact details: email address,
The Customer may on this occasion decide that the Seller keeps his electronic contact details to communicate offers to him subsequently by email by checking the box "
• Shipping address: The Customer must select their shipping country then provide their First Name, Last Name, address, postal code, city and telephone number and, optionally, the company making the purchase and/or an additional postal address (apartment, suite, etc.).
On this occasion, the Customer can create a customer account by checking the box “Save my data for next time”.
The Customer will then need to click on “Continue to Shipping”.
The Customer is reminded that the latter has the option of modifying said information before finalizing his order by clicking on the “Return to information” tab.
The Customer can then choose the delivery method from those offered and consult the delivery time and the related price. He must select the desired delivery method by clicking on the icon to the left of the desired shipping method.
Due to the nature of certain Products, only one delivery method may be offered to the Customer.
The Customer will then have to click on the “Continue to payment” tab.
The Customer must then choose their payment methods and methods by selecting:
- Shop Pay
- Apple Pay
- Meta Pay
- Google Pay
- Visa, Mastercard, American Express
- Discover
- Diners Club
OPTION
The Customer will then have the option to enter a billing address different from the aforementioned delivery address by filling in the fields provided for this purpose; The Customer must select their shipping country and then enter their First Name, Last Name, address, postal code, city and telephone number and, optionally, the company making the purchase and/or an additional postal address (apartment, suite, etc.).
To finalize the order, the Customer must click on the “Pay now” tab.
4.3 Conclusion of the sales contract
Once the order process has been completed, the Customer will receive confirmation of their order at the electronic address provided, along with their invoice and the applicable T&Cs, issued on a durable medium.
: The Customer will be able to consult the documents of his order and follow the progress of the delivery of the order by going to his customer account.
4.4 Prices and payment terms
The Products are invoiced on the basis of the prices and monetary currencies as indicated in the offer on the Site at the time the order is placed. The prices indicated are the final prices, stipulated in euros and including value added tax (price including VAT).
Throughout the order process, the Customer has the option to enter the code relating to a gift card and/or promotional code by entering the associated reference in the "Gift card or promotional code" tab in the tab located on the right of the site and then clicking on "Apply". The price of the order will then be reduced by the value assigned to the gift card and/or promotional code used.
4.5 Delivery
Delivery times can be viewed at any time during the selection of the Product(s) and during the order process.
Depending on the Products, the delivery costs and delivery methods offered may vary. In any event, the delivery costs and methods can be consulted prior to placing the order and for certain Products, the Customer may select the shipping method of their choice.
4.6 Information provided by the Client
The Seller is not responsible for an error by the Customer regarding the delivery address indicated when placing your order: in the event of an error on your part regarding the address indicated, the delivery costs and additional costs will be your responsibility.
These costs will also be your responsibility in the event of absence during delivery and/or failure to collect the package on time, resulting in it being returned to our warehouse.
The Customer must provide current, complete and accurate order and account information for all orders placed on the Site. To this end, the Customer must have provided or updated said information during the finalization of the order or within his customer account.
ARTICLE 5 – WITHDRAWAL POLICY
Principle of withdrawal
In accordance with Articles L. 221-18 et seq. of the Consumer Code, the CUSTOMER has the right in principle to withdraw from his purchase by returning the Product to the Seller or to a person designated by the latter, against reimbursement, within a period of fourteen (14) days following the day of receipt of the goods by the Customer or any third party designated by the latter.
If the aforementioned period expires on a Saturday, Sunday, public holiday or non-working day, the said period will be extended until the next working day.
If the order relates to several products which are received by the Customer or any third party designated by the latter on different dates, the aforementioned withdrawal period runs individually for each of the products.
Exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous declaration expressing his wish to withdraw to:
• Mahmood Ecommerce, 2318 Halls Grove Rd, Gambrills, MD 21054, United States or client@coletteparisboutique.com .
He may also use the form provided in the Appendix to these General Terms and Conditions and communicate it to the aforementioned contact details.
Return Policy
The Customer must, without undue delay and no later than fourteen (14) days following the date on which he expressed his decision to withdraw, return the Product.
This deadline is deemed to have been met if the CUSTOMER returns the goods before the expiry of the fourteen-day period.
Return costs
The buyer will have to bear the direct costs of returning the goods.
Condition of returned property
The Product must be returned in accordance with the Seller's instructions and include all accessories delivered. However, the Customer is expressly informed that the Seller may reduce the price of the refund of the Product if it turns out that the Product presents any deterioration, degradation or any depreciation, of any nature, other than that necessary and legitimately foreseeable that could have occurred when the Customer examined the Product to establish its nature, characteristics and proper functioning. Any reduction in the amount relating to the refund will be justified by the Seller to the Customer.
In other words, the CUSTOMER has the possibility of testing the PRODUCT but his liability may be incurred and the amount of the refund reduced if he carries out manipulations other than those which are necessary.
Packaging
The Products are packaged in accordance with current transport standards, in order to guarantee maximum protection during delivery.
In this respect, the Customer must return the Product, subject to the right of withdrawal, in its original packaging and in good condition.
It is recalled that the Customer is held responsible for any damage that may occur during the reshipment of the Product to the Seller, until its proper receipt by the Seller.
Effects of withdrawal
In the event of withdrawal by the Customer, the Seller undertakes to reimburse all sums paid, including standard delivery costs, without undue delay and, at the latest, within 5 days from the day on which the Seller physically recovers the Product subject to the withdrawal.
The Seller will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means and if this reimbursement will not incur any costs for the Customer.
ARTICLE 6 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to
(1) to maintain the confidentiality of the comments;
(2) to pay compensation to anyone for any comments provided; (3) to respond to any comments.
ARTICLE 7 – PERSONAL DATA
7.1 The Seller undertakes to collect and process the personal data of its Customers in accordance with the regulations in force, namely the "Informatique et Libertés" law of January 6, 1978 as amended by the law of June 20, 2018 relating to the protection of personal data, Directive 95/46 / EC on data protection and any associated regulation or instrument, as well as any other applicable law, regulation, regulatory requirements and codes of conduct relating to data protection or any other legislation, regulation, rules and codes of conduct which transpose or replace the above, including Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of data,
or any applicable regulations in this area which may supplement or replace them subsequently.
The submission of your personal information on our Site is governed by our Privacy Policy which can be viewed at the following link https://coletteparisboutique.com/policies/privacy-policy
The personal information collected on the form when placing your order (Name, First name, Address, Email and Telephone number) is only recorded in order to deliver the product, or to contact you regarding promotional offers.
Mahmood Ecommerce will implement the means at its disposal to process requests relating to Users' personal data. In the event of a security breach of the Site or loss of personal data relating to Users, Mahmood Ecommerce will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security. Users also have a right to lodge a complaint, which they can exercise with the national supervisory authority, namely the CNIL. To obtain more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits .
7.2 Mahmood Ecommerce may set up cookies on the Site. This is an automatic tracking process that records information relating to browsing on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site. The User may oppose their setting up and/or delete them by following the procedure indicated on their browser. As such, Mahmood Ecommerce collects the express consent of Users regarding the use of these cookies and uses them in application of the legal provisions, including in particular the General Data Protection Regulation. Mahmood Ecommerce uses these cookies only to establish connection statistics as well as Users' browsing histories.
ARTICLE 8 – LEGAL AND COMMERCIAL GUARANTEES 8.1 Legal guarantees
8.1.1 Legal guarantee of conformity
It is recalled that within the framework of the legal guarantee of conformity, the Consumer Customer:
- benefits from a legal guarantee period of conformity of: two (2) years from delivery of the Product, subject to raising the request within 5 years from the discovery or knowledge of the defect;
- may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-12 of the Consumer Code. Failing this, if the repair or exchange is impossible or could not be implemented within the month following its receipt, the Seller will reimburse the price of the Product.
- is exempt from providing proof of the existence of the lack of conformity of the Product for a period of two (2) years from the delivery of the Product or the good containing a digital element. For goods purchased second-hand or reconditioned, this period is 12 months (from the 13th month, the Consumer Customer must provide proof that the defect existed at the time of delivery of the Product).
For the lack of conformity affecting the digital element, the consumer is exempt from providing proof of this defect during the duration provided for in the contract in the event of continuous supply of the digital element for a period exceeding two (2) years.
Repair of the Product under the legal guarantee of conformity will result in a 6-month extension of said guarantee.
When the Product is exchanged under the legal guarantee of conformity due to the Seller being unable to repair it within one month following the request made by the Consumer Customer, the legal guarantee of conformity of the replacement Product is then renewed for a period of 2 years.
To apply the legal guarantee of conformity, the products must be returned to the Seller in the condition in which the Customer received them with all the elements composing them and in particular the accessories, the assembly instructions, etc. Products returned by post must be in packaging allowing transport in good conditions. In this case, the costs of returning the product will be reimbursed to you on the basis of the invoiced rate and upon presentation of supporting documents.
The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover your property.
8.1.2 Legal guarantee of hidden defects
It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.
The Seller is also bound by the legal guarantee of hidden defects, in application of articles 1641 et seq. of the Civil Code, which can be invoked by the Customer within two (2) years from the discovery of the defect.
The Customer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.
ARTICLE 9 – SEVERABILITY
In the event that any provision of these T&Cs is rendered or deemed to be illegal, void or unenforceable, only that provision will disappear. In any event, the other provisions of the T&Cs will remain fully applicable, this severance in no way affecting the validity and enforceability of all other remaining provisions.
ARTICLE 10 - LIST OF OPPOSITION TO TELEPHONE CANVASING
In application of article L.223-1 of the Consumer Code, it is recalled that if, outside of the relationship with the Company and the Opticians, in general, the User does not wish to be the subject of commercial prospecting by telephone, he can register free of charge on the list of opposition to telephone canvassing with the Bloctel service ( https://www.bloctel.gouv.fr ).
ARTICLE 11 - MEDIATION
The Customer, qualified as a consumer, according to the definition of the introductory article of the Consumer Code, may contact a mediator for any difficulty, dispute or litigation that he/she wishes to raise with respect to the Seller concerning the Site, the purchase of any Product, these General Terms and Conditions or any dispute that he/she may raise against the Seller.
The mediator's mission is to attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The Client may contact the mediator using the following contact details on the site:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
However, the Client is informed that he remains free to accept or refuse recourse to mediation and to refer the matter to the competent courts.
The Customer is also informed that he has the possibility of using the European Online Dispute Resolution (ODR) platform to settle his disputes: www.ec.europa.eu/consumers/odr/
ARTICLE 12 – LANGUAGE – APPLICABLE LAW
These General Terms and Conditions are written in French. Any translation produced, communicated or made available to the Client, in whatever form and by whatever means, will only have an indicative value, with the French version being the only authentic version.
These T&Cs, as well as any other separate agreement through which we provide you with Services, will be governed by and interpreted in accordance with the laws and any regulations in force in France.
ARTICLE 13 - COMPETENT COURT
In the absence of an amicable settlement, any dispute or litigation will be submitted, at the choice of the Consumer Customer, to the court of his residence, of the place where he lived at the time of entering into the conclusion of the sales contract or of the place where the damaging event occurred, depending on the nature of the dispute or litigation in question.
Contact
- Email: client@coletteparisboutique.com
- Phone: +1 (917) 508-5591
Address
Colette Paris Boutique by Mahmood Ecommerce
2318 Halls Grove Rd, Gambrills, MD 21054, United States
Business number: 99-2125582