GENERAL TERMS AND CONDITIONS OF SALE
The company MANOUSH SAS (hereinafter "MANOUSH"), a simplified joint stock company with a capital of 395,000 euros, having its registered office at 11 bis rue Bachaumont - 75002 PARIS (registered with the Registry of Trade and Companies of PARIS under number 445 386 212) is specialized in the textile market for ready to wear women’s clothing. These general terms and conditions (hereinafter the “General Terms and Conditions of Sale”) govern without restriction the sales of Products by MANOUSH through its online boutique.
ARTICLE 1 – ACCEPTANCE BY THE CUSTOMER
The General Terms and Conditions of Sale set forth the conditions for the order, payment, delivery and handling of any return of Products ordered by customers acting in a non-professional capacity (hereinafter referred to as the “Customer”) on the website MANOUSH.COM.
The General Terms and Conditions of Sale are accessible at any time on the website MANOUSH.COM.
The placing of an order by the Customer on the website MANOUSH.COM implies that he/she fully adheres to and accepts the General Terms and Conditions of Sale, which is expressly accepted by the Customer, who shall refrain, in particular, from invoking any contradictory document which would therefore be unenforceable against MANOUSH.
ARTICLE 2 – ORDERS OF ARTICLES ON THE WEBWEBSITE CATALOGUE
Any order placed on the website MANOUSH.COM constitutes a contract concluded remotely between the Customer and necessarily implies irrevocable acceptance by the Customer, without restriction or reservation, of the General Terms and Conditions of Sale.
To allow Customers to be informed about the Products they wish to purchase prior to placing an order, the website MANOUSH.COM presents the characteristics of the products offered for sale. In particular, the website MANOUSH.COM describes the specifications, illustrations and gives indications of the dimensions or capacities of products. The choice and purchase of a Product is placed under the sole responsibility of the Customer.
Product offers shall be construed as within the limits of available stocks. Indications concerning the availability of Products are provided when the order is placed. The sale shall only be considered as definitive after the sending by MANOUSH to the Customer of the confirmation and the acceptance of the order by email and after the full amount of the price has been received and cashed by MANOUSH. Customers may track their orders on the website MANOUSH.COM, and contact the Customer Service department of the website MANOUSH.COM on 01 40 13 11 20 (normal rate number). Any modification to orders by the Customer shall be taken into account by MANOUSH the same day on the condition that they are notified by email to email@example.com before the order’s scheduled dispatch date. In the event where such modifications cannot be accepted by MANOUSH, the sums paid by the Customer shall be returned to him/her within a maximum delay of fifteen days as of notification of the impossibility to accept the modifications made by the Customer unless he/she prefers to have a credit note.
ARTICLE 3 – PRICE AND TERMS OF PAYMENT
Prices are indicated in Euros on the website MANOUSH.COM. They include any reductions as well as VAT, applicable on the day the order is placed, but exclude delivery charges. Products for sale are invoiced on the basis of the prices in force on the day of confirmation of acceptance of the order by MANOUSH, as communicated to the Customer prior to the order being placed. The price indicated in the order confirmation given by MANOUSH is the definitive price. When placing an order, Customers are invited to ensure that the price of Products to which they are referring corresponds to the price appearing on the updated page of the website MANOUSH.COM and not on an outdated page to which they might have had access by an Internet search in “cache” mode. The data communicated by the Customer and recorded by the website MANOUSH.COM during the order constitutes the proof of transactions between MANOUSH and the Customer. After validation of the order by the Customer, MANOUSH shall address a confirmation email to the Customer to inform him/her that the order has been recorded. The price of Products purchased is to be paid cash in full on the day that the order is placed by the Customer. MANOUSH shall not be bound to deliver products ordered by the Customer if the price has not previously been paid in full. Ownership of Products is only transferred to the Customer after full payment of the price by the latter. Transfer of risks of loss and deterioration of the Products will be made when the Products are delivered and accepted by the Customer. Delivery charges are indicated on the website MANOUSH.COM and are inclusive of all accessory charges. These charges are to be paid by the Customer and are invoiced in addition to the sale price of Products. The Customer shall be informed about delivery charges relating to their order before the order is definitively recorded, and the Customer will be requested to pay the full amount of the purchase.
ARTICLE 4 – DELIVERY AND TRANSPORT
Products purchased by the Customer of European Union shall be delivered and assured by the forwarder UPS within a maximum delay of 120 working hours following the day of the order to the address indicated by the Customer when the order was placed on the website MANOUSH.COM, otherwise the company Manoush shall inform the Customer of the delivery date according to the country to which delivery is to be made. If this delay is exceeded and is not justified by a force majeure event, the Customer may request termination of the sale under the conditions set forth in Article L. 114-1 of the Consumer Code and obtain a refund of the sums paid on the date of the sale. Excepting specific cases or the unavailability of one or several Products, Products ordered will be delivered in a single consignment.
Products purchased by the Customer except European Union shall be delivered by the forwarder UPS within around 120 working hours delay following the day of the order to the address indicated by the Customer when the order was placed on the website MANOUSH.COM. It’s noted than MANOUSH will not be the person in charge of delay in delivery.
All orders placed or shipped outside the European Union may be subject to additional custom duties or shipping charges depending on individual laws in the customer’s shipment destination. These additional charges vary from country to country and are the sole responsibility of the customer. It is the customer’s duty to verify the charges that are applicable in their country and provide individual payment. Manoush cannot be held liable to inform the customer of such charges or assist in their payment in any way.
Customers are bound to check the condition of Products delivered. He/she has five days in which to address a registered letter to MANOUSH - Service e-commerce – 11 bis rue Bachaumont - 75002 PARIS or by email to the following address: firstname.lastname@example.org, reserves or claims for non-compliance or obvious defect of Products delivered, with all supporting documents related thereto. After this time and in the absence of having complied with these formalities, the Products will be considered as compliant and exempt from any obvious defect, and no claims will be accepted by MANOUSH. MANOUSH shall replace as soon as possible and at its own costs any Products delivered where obvious defects or compliance issues have been duly proved by the Customer. If a return is made following a delivery error or an exchange request, any non-compliant Product must be returned, together with the delivery note MANOUSH – Retour internet –11 bis rue Bachaumont - 75002 PARIS. The non-compliant Product shall automatically be exchanged subject to availability, or reimbursed if it is unavailable, within a delay of thirty days as of payment of the sums paid by the Client. The costs of exchanging a non-compliant product shall be borne by MANOUSH.
ARTICLE 5 – RIGHT TO RETRACT
In accordance with the law, the Customer has a cooling-off period of 7 days as from the delivery of the Products to return them to MANOUSH for exchange or for a refund, on the condition that the Products are returned in their original packaging and in a perfect state within ten days of delivery. The amounts paid by the Customer, excluding delivery charges, are refunded by bank transfer to the account indicated for this purpose by the Customer, or by cheque within a maximum delay of 30 days as of the exercising of the right to retract. Charges for the return will be paid solely by the Customer. Customers may, if they so wish, where proposed by MANOUSH, opt for another means of refund, in the form of credit notes or vouchers in particular. The Customer must contact the Customer Service department to obtain a return number which must be indicated on the package. The return shall be addressed to the internet return service: 11 bis rue Bachaumont - 75002 PARIS. The delivery note received upon delivery must be sent with the product.
ARTICLE 6 – INFORMATION AND LIBERTIES
In application of Act 78-17 of 6 January 1978, you are reminded that personal data requested from the Customer is required to process orders and is destined for internal use by MANOUSH. Customers have a right of access, modification, rectification and opposition with regard to the information concerning them, in the conditions set forth by the law and the regulations in force.
ARTICLE 7 – FORCE MAJEURE
The performance by MANOUSH of all or part of its obligations shall be suspended in the event of an unforeseeable circumstance or force majeure event which impeaches or delays the performance thereof. Deemed as such, in particular, without this list being limited, are wars, riots, uprisings, civil unrest, disruption in telephone or IT services or serious disruption to the security or the coherence of the internet network, strikes of any nature and supply problems.
MANOUSH shall inform the customer of such an unforeseeable circumstance or force majeure event within seven days of it happening. In the event where the suspension of the performance of the obligations of MANOUSH were to continue after a fifteen-day delay, the customer shall then have the possibility to terminate any current orders, and shall be refunded by MANOUSH as soon as possible be means of a credit to the customer’s bank account.
ARTICLE 8 – NON WAIVER AND VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
The fact that MANOUSH does not request at any given moment the performance of any one of the provisions of these general terms and conditions of sale cannot be interpreted as a waiver to invoke such total or partial non-performance at a later date.
If any one of the clauses in the present general conditions of sale is declared null in full or in part, the other clauses and the other rights and obligations appearing in these general terms and conditions of sale will remain unchanged and will remain applicable.
ARTICLE 9 – APPLICABLE LAW – LITIGATION
This agreement is governed by French law. Any dispute arising from this agreement concerning its validity, interpretation, performance, termination and consequences and related issues shall be referred to the Commercial Court of Paris.