SALES TERMS AND CONDITIONS
The company AYA CONSULTING, owner of the brand MISSTOURA is entered in the directory of the enterprises and institutions ( SIREN ) under SIRET number 79936156300015 and the code APE 4771Z, its adress is 17/19 bd de la Muette 95140 Garges - Les -Gonesse.
The present general conditions of sales " the general condition " are concluded between ANEXYS and any no trading physical person ( " The user " ) wishing make a purchase on the website www.MissToura.com.
The parties agree that these condition exclusively gouvern their relationship.The website www.MissToura.com reserves the right to change the general conditions. There are applicable as soon as their online.
If a condition of sale were to défaut, it would be considered be governed by practices in force in the sector of companies selling at distance which have headquaters in France.
ARTICLE 1 : OBJECT
The general conditions aim at defining the term between the website www.MissToura.com and the user, from placing the order to after sales services and passing through the payment and delivery.
ARTICLE 2 : PRODUCTS
The products governed by the present general conditions are these which appear on the website www.MissToura.com and which are indicated as sold and shipped by MISSTOURA. There are offered within the limit of stocks available.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with this presentation, the MISSTOURA responsibility could not be committed.
The pictures of the products are not contractual.
ARTICLE 3 : PRICES
The prices of products are indicated in euros all taxes included. There take account of VAT and any discounts on the day of the order. The prices of products are excluding shipping cost (port, packaging and preparation of the package according to the amount in force). The amount of delivery charges will be specified on the order form before the validation of the order.
If one or more taxes or contributions including environmental came to be created or modified, increasing as decreasing, this change will be reflected on the selling price of the products present on the website and various sales support.
However, a price cannot be changed, one the user validates his order.
ARTICLE 4 : ORDER
4.1. Prior Identification of the user
To place an order, the user must identify himself with his email address or customer number and password. For the first order, the user most follow a step to create an account on the website www.MissToura.com.
In case of loss or forgotten the password, the user may ask again on his account and clicking on " forgot my password ". The user will then receive his password on the email address provided during registration .
4. 2 . Registration and confirmation of the order
Once the user valid his cart, he must accept the terms and conditions, choose adress and shipping method, then confirm the payment and this last step finalize the sale contract between the user and MISSTOURA.
Any order implies acceptance of the prices and descriptions of products available for sale.
MissToura acknowledge receipt of the order in its validation by sending an e-mail.
In some cases, such as default, incorrect address or other problem on the user account, MissToura reserves the right to block the control of the user to solve the problem. In case of unavailability of the ordered product the user will be notified by email.
The cancellation of the order of this product and its eventual repayment (only products available at the time of order may be subject to a levy, as opposed to deferred) will be made, the rest of the command remaining firm and final.
ARTICLE 5 : METHODS OF PAYMENT
The user has the choice to pay for his purchases:
-By credit card: credit card, e-carte bleue, Visa, MasterCard, American Express card.
-With his PAYPAL account: by selecting the PAYPAL payment, the user will be automatically directed into his PAYPAL account. Once the payment is validated, the user can terminate his order on the website.
-By cheque, the order will be effective as from receiving and cashing it.
ARTICLE 6: DELIVERY
6.1. Methods of delivery
The products will be delivered to the address indicated by the user on the order form. All products leave our premises in perfect condition and the customer must report to the carrier any trace of shock (holes, signs of crushing...) on the package, and where appropriate to refuse the parcel. A new product will be then sent him free of charge.
The exchange of any product declared, posteriori damaged during transport, without any reservation has been issued on receipt of the parcel, cannot be supported by MISSTOURA.
As in all shipments, it is possible to be delayed or that the product gets lost. In such a case, we will contact the carrier to start an investigation. Every efforts are made, as long as necessary, to find the package. If applicable, the trader will be reimbursed by the carrier and will deliver a new package identical to its costs. We disclaim all or part of our responsibility if we can prove that the non-performance or improper performance of the contract of delivery is due to the consumer or to the unforeseeable and insurmountable, a third party to the contract, or a force majeure (according to paragraph 5 of article L.121-20-3 of the French consumer code).
The consumer must make to MissToura within a period of 7 workings days, any claim of error of delivery and / or non-conformity of products in kind or in quality compared to the indications mentioned on the order form. The formulation of this claim to MissToura can be made by mail or by email. Any claim not made in the rules defined above and within the time limits will not be taken into account and release MissToura of any responsibility to the user.
In case of error of delivery or exchange any product for exchange must be returned to MissToura whole and in good condition
ARTICLE 7: THE RIGHTS OF WITHDRAWAL
The right of withdrawal are applies only to natural persons.
In accordance with articles L.121 - 20, the consumer has for a period of 7 calendar days to return, at its expense, the product does not suit him. This period starts from the day of receipt of the consumer's order. All returns will be reported prior to the customer service MISSTOURA.The product must be returned to the 17-19 Boulevard de la muette 95140 Garges-Les-Gonnesse
Any product that has been damaged after receipt thereof will not be refunded, returned or exchanged.
This right of withdrawal is without penalty, except for the expenses of return (Article l21-20). In the event of the exercise of the right of withdrawal, the consumer has the option to request either a credit or exchange products. In the case of an exchange the return will be done at the expense of the consumer.
ARTICLE 8: RESPONSIBILITY
MissToura has an obligation of result for all stages of order as well as for all stages subsequent to the conclusion of the contract.
MissToura is committed to describe with great accuracy the products sold on its site. However, responsibility cannot be engaged in case of breach of its obligations would be due to an unforeseeable and insurmountable of a third party to the contract or a force major as defined by French law. Similarly, the responsibility of MissToura cannot be held liable for all inconveniences or damages inherent to the use of the Internet, including a break of service, an external intrusion or the presence of computer viruses.
ARTICLE 9: INTELLECTUAL PROPERTY
All elements of the website www.MissToura.com whether Visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. The same brands, logos, designs, and models appearing on the site are the exclusive property of MissToura. Their disclosure could not be construed as granting a licence or right to use any of the brands and distinctive elements protected by copyright. They can therefore be used subject to prosecution.
None of the documents from the site may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way whatsoever.
However, it is possible to download a copy of the documents on a computer for the personal use of the user and non-commercial purposes, provided that the user does not change the information and it keeps intact all copyright and other proprietary notices. The modification of these documents or use for any other purpose constitutes an infringement of intellectual property rights.
ARTICLE 10: NO PARTIAL VALIDATION
If one or more provision of these terms and conditions are held to be validated or declared as such under any law, regulation or following a final decision of a competent law, the remaining provisions will remain in full force and scope.
ARTICLE 11: NON-WAIVER
The fact that one of the parties does not rely on a breach by the other party to any of the obligations in connection with these terms and conditions shall be construed in the future as a claim the obligation in question.
ARTICLE 12: PROTECTION OF PERSONAL DATA
All the data that user entrusts to MissToura, are able to process orders.
Under law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, the user has a right of rectification, consultation, modification and deletion of data
ARTICLE 13: APPLICABLE LAW AND JURISDICTION
Any order placed through www.MissToura.com won the support of the client, and without any restrictions, terms and conditions of sale of MissToura. In case of dispute, the user can enter the court instance or territorial jurisdiction competent of their choice in accordance with article 46 of book 1 Chapter 2 of the civil procedure code. This article provides that the principle applicant who files a lawsuit may refer either to the court where the defendant lives or where the court has been delivered the goods.
In case of sale to a corporation, any disputes concerning the sale (prices, terms and conditions products... ) will be subject to French law before the tribunal of commerce headquarters AYA CONSULTING.