1. RIGHT OF WITHDRAWAL
1.1 Scope
The Customer has the right to withdraw from this contract without giving any reason within a period of fourteen days. The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last item.
1.2 Exercising the right of withdrawal
To exercise the right of withdrawal, the Customer must notify the Seller of their decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail)
- By post to the following address: MIZENSIR, 91 Rue Ambroise Martin - 74120 Megève - France,
- By email at the following address:customerservice@mizensir.com.
The Customer may use the model withdrawal form but this is not compulsory.
1.3 Withdrawal form
(The Customer completes and returns this form only if they wish to withdraw from the contract.)
- To the attention of MIZENSIR, 91 Rue Ambroise Martin - 74120 Megève - FRANCE, customerservice@mizensir.com,
- I/We (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) / for the provision of the service (*) below
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of the consumer(s) (only if this form is notified on paper)
- Date (*)
Clear as appropriate.
For the withdrawal period to be respected, it is sufficient for the Customer to transmit his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Any shipping costs for the product(s) to Mizensir remain the sole responsibility of the Customer, unless:
(i) the Customer has chosen "Pickup" in-store collection as the delivery method;
(ii) the delivery does not comply with the order.
Mizensir will refuse mail or packages sent postage due.
Mizensir recommends that the Customer return the product(s) by a method of transport that allows the package to be tracked and provides a date certain. The risk of damage to or loss of the returned product(s) is borne by the Customer.
1.4 Consequences of the right of withdrawal
The Customer must send back or return the goods, to MIZENSIR, 91 Rue Ambroise Martin, 74120 Megève, France, without undue delay and, in any event, no later than fourteen days after they have communicated their decision to withdraw from this contract. This period is deemed to have been observed if the Customer returns the goods before the fourteen-day period has expired. In the event of withdrawal from this contract, MIZENSIR reimburses the Customer for all payments received by him, including delivery costs (with the exception of additional costs arising from the fact that he has chosen, where applicable, a delivery method other than the less expensive standard delivery method proposed by the Seller) without undue delay and, in any event, no later than fourteen days from the day on which MIZENSIR is informed of the decision to withdraw from this contract.
MIZENSIR will proceed with the refund using the same means of payment that the Customer used for the initial transaction, unless he expressly agrees to a different means; in any event, this refund will not incur any costs for the Customer. MIZENSIR may defer reimbursement until it has received the good or until the Customer has provided proof of shipment of the good, the date used being that of the first of these facts. The Customer shall only be liable for any depreciation in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
1.5. Exception to the right of withdrawal
Exercise of the right of withdrawal is excluded for the following contracts:
- contracts for the supply of goods made to the consumer's specifications or clearly personalised;
- contracts for the supply of goods likely to deteriorate or expire rapidly;
- contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- contracts for the supply of goods which, after delivery, and by their nature, are inseparably mixed with other items;
- contracts for the supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the trader and likely to occur during the withdrawal period;
2. GUARANTEES
2.1 Legal warranties
2.11 Contents of warranties
All Products are guaranteed to be free from defects. If Products prove to have defects during the legal warranty period, MIZENSIR undertakes to reimburse the Customer for the sums paid for apparently defective, spoiled or damaged Products or Products that do not correspond to the order in accordance with articles L.217-4 to L.217-13 of the French Consumer Code relating to lack of conformity, articles 1641 to 1648 and 2232 of the French Civil Code relating to hidden defects and articles 1245 et seq. of the French Civil Code relating to liability for defective products.
- In the event of an action under the guarantee of conformity: the Customer has a period of two years from delivery of the goods to take action. The customer may choose between repairing or replacing the goods, provided that this choice does not result in a cost that is manifestly disproportionate to the alternative, in application of article L. 217-9 of the French Consumer Code.
The Customer is exempt from proving the existence of the lack of conformity of the good during the 24 (twenty-four) months following the delivery of the good except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
- In the event of the implementation of the guarantee against hidden defects: the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
An action under the warranty for latent defects must be brought by the purchaser within two years of the discovery of the defect (Article 1648 paragraph 1 of the Civil Code).
2.2 Method of implementing the guarantees
In the event of a defect being found as defined in the previous point, MIZENSIR according to the Customer's choice:
- Replace the Product(s), if MIZENSIR has these same goods available at the same price or ;
- Refund the price of the Products or give the Customer a purchase voucher if the Customer paid for the order with a purchase voucher.
The above warranties do not apply to defects arising from normal wear and tear, intentional damage, accident, negligence on the part of the Customer or a third party, use other than that prescribed, failure to comply with the manufacturer's, supplier's, MIZENSIR's instructions or any changes or repairs carried out without MIZENSIR's prior written consent.
2.3 Limitation of liability
When the liability of MIZENSIR is incurred as a result of a fault on its part, compensation only applies to the direct, personal and certain damage that the Customer has suffered to the express exclusion of compensation for all indirect and immaterial damage and/or prejudice, such as financial damage, damage to image etc. The amount of damages that MIZENSIR may have to pay to the Customer under the aforementioned conditions is in any event limited to the total amount of the order for the Products concerned.
In any event, MIZENSIR declines all responsibility due in particular to:
- Normal wear and tear of the Products;
- Use not in accordance with the use for which the Product is intended;
- Any deterioration or accident resulting from negligence, lack of supervision or maintenance not in accordance with the indications mentioned on the Product or on any other document,
- Any damage resulting from modifications, incorporations or mixtures of the Product ;
- Any damage resulting from a failure to comply with the recommendations for use of the Products mentioned on the Product description, and/or the specific regulations relating to the Products sold;
- Any malicious act by the Customer or third parties.
Appendix 1 - Provisions relating to legal guarantees
Article L. 217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility.
Article L. 217-5 of the Consumer Code
To be in conformity with the contract, the goods must:
- Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
- present the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling
- Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 217-12 of the Consumer Code
.An action arising from a lack of conformity shall be barred after two years from delivery of the goods.
Article L. 217-16 of the French Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the date of the purchaser's request for service or from the date on which the goods in question are made available for repair, if the goods are made available after the request for service.
Article 1641 of the Civil Code
The seller is bound by the guarantee due to hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use, that the buyer would not have acquired it, or would only have given a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the Civil Code
An action arising from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
