General conditions of sale
Terms and Conditions of Sale
Last updated: 06/04/2024
Welcome to the BENKTIB YASMINE Website
We are delighted to welcome you and hope you enjoy our products.
Your satisfaction is our priority and we do everything possible to offer you the best customer experience.
We ask you to read the present terms and conditions of sale carefully before accepting them.
The T&Cs are important for both Us and You!
The purpose of this document is to inform you, prior to your purchase, about our sales conditions and to answer any legitimate questions you may have, such as "can I cancel my order?", "what are the delivery times?", etc.
WHO ARE WE?
BENKTIB YASMINE
NIE Z2900556-H
Calle castella 15-17, local 10, 08018 Barcelona
Hereinafter referred to as BENKTIB YASMINE
Here are some other definitions:
In the present document: BENKTIB YASMINE
, "We" refers to the professional seller.
· "You", the "Customer(s)" refers to the non-professional buyer acting as a consumer.
The "Site" refers to all pages of the Seller's website accessible via the link mynclothes.com
· The "T&Cs" refer to the present general terms and conditions of sale
APPLICATION OF THE T&Cs:
The T&Cs govern and apply to all sales of the Seller's products made on the Site to Customers.
The T&Cs prevail over all other conditions or contradictory documents present on the Seller's Site or its social networks and/or in physical stores; except for specific derogating conditions agreed between the Parties.
The T&Cs are permanently accessible on the Site and We refer to the T&Cs before you place your order. You have the possibility to download and/or print them, in order to keep a copy.
The T&Cs are subject to change, the modifications not being retroactive, only those in force on the date of your order are applicable to you.
By accepting the T&Cs by checking the box provided for this purpose and validating this choice by clicking, you fully and completely adhere to and accept the T&Cs.
By placing an online order, You enter into a contract with the Seller. Therefore, You must and acknowledge that You are of legal age and have legal capacity.
The nullity of a contractual clause does not entail the nullity of the T&Cs and the headings are without value.
Even if the Seller does not at any given time assert one of the clauses of these general terms and conditions of sale, or the Customer's failure to comply with his obligations as described herein, the Seller does not in any way waive his right to assert these conditions or obligations in the future.
WHAT PRODUCTS DO YOU OFFER?
You will find our products offered for sale by the Seller on the Site.
The essential characteristics of the products by the Seller are presented on the descriptive sheets of each product. You will find substantial information about the product before any purchase.
Photographs accompany the product descriptions, so that You can visualize the product; however, minimal variations in the representation of products are possible with photographs, which does not engage the Seller's responsibility.
You have pre-contractual information, prior to the conclusion of the sales contract, it is your responsibility to consult it before placing any order.
This information is provided in French, and the Seller strives to present it in a clear, legible and understandable manner. It is important to note that as long as it is not a substantial element, the Seller's responsibility cannot be engaged in case of errors, omissions or misunderstanding by the Customer.
The colors of the products presented may vary slightly depending on screen display settings or shooting conditions.
Availability
Our products are offered as long as they are visible on the Site and within the limits of available stock. In case of product unavailability after placing your order, We will inform you by email and You may (at your choice):
· Choose an equivalent product at the same price as a replacement.
OR
· Obtain a credit note corresponding to the amount of the out-of-stock product valid for 1 year on the entire Site; delivery costs will be refunded without delay if the order consists only of the out-of-stock product.
OR
· Obtain a refund for the unavailable product.
The refund will be made no later than 14 days following your refund request. The Seller will process the refund using the same payment method as that used for the initial purchase. The Seller is not liable for any cancellation indemnity, unless the non-performance of the contract is personally attributable to him.
HOW TO PLACE AN ORDER?
Any order placement implies payment by the Customer; these are orders with payment obligation.
The ordering process takes place in several steps:
1. Consultation of the products offered for sale by the Seller on the Site
2. Selection of product(s) by the Customer and addition to the cart
3. Customer viewing of the order details and total price
4. The Customer fills in the requested information on the order page
5. Correction of any errors by the Customer
6. Confirmation of the order by the Customer, which expresses their acceptance of the order. At this stage, the Customer expressly and unreservedly accepts the T&Cs
7. Customer enters their bank details
8. Validation and payment of the order by the Customer
9. Acknowledgment of receipt of the order by the Seller, who sends a confirmation email to the Customer after receiving full payment for the order
At this stage, the order cannot be modified, unless with the express and exceptional agreement of the Seller; and cannot be cancelled outside the right of withdrawal, the conditions of which are defined below, or in cases of force majeure. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
WHAT ARE THE PRICING CONDITIONS?
Any order placement implies payment by the Customer; these are orders with payment obligation.
Price
Product prices are displayed on the Site; on the product description pages and on the order summary page, before your order confirmation.
Prices are expressed in euros (€), all taxes included (TTC), the applicable VAT rate being that in force in France on the date of placing the order.
The price may be modified at any time by the Seller. However, the price applicable to you is that in force displayed on the Site at the time of your order.
You may benefit from discounts (promotion, sale, etc.) that appear on the Site under the conditions and during the period of validity specified on the Site.
Unless otherwise specified by the Seller, delivery and transport costs are not included. They are invoiced in addition and displayed before the order is placed.
The Seller reserves the right to suspend or cancel the order in case of non-compliance with the payment conditions mentioned above.
You will receive your invoice at the email address you provided. For Customers who created a customer account when ordering, they can find their invoice in their personal area.
Please note that orders shipped outside the European Union and/or overseas territories are subject to customs formalities.
Payment of customs duties and other possible import taxes is the responsibility of the Customer and at his expense.
Payment
Payment is due immediately after order confirmation.
Payment is due in full and payable in cash using the following payment methods:
Shopify payment and Paypal.
WHAT ARE THE DELIVERY CONDITIONS?
Delivery
Delivery means the transfer of physical possession or control of the goods to the Customer.
We offer our products for sale internationally / France / Europe.
The Seller will proceed with the delivery of the products according to the terms defined during the order (price and carrier), to the address You provided when placing your order and within the time specified during the order.
You must be vigilant and check the address provided before validating your order, as You will be solely responsible for the consequences resulting from any input error on your part and the associated costs, including re-shipping costs which will be exclusively at your expense.
Deadline
The Seller will make its best efforts to ensure that your order is shipped within the time specified during the order.
The deadlines run from the date of shipment. This deadline does not take into account the order preparation time, which is 24h/48h.
You may request the cancellation of the sale in writing (under the conditions provided for in articles L 216-2 et seq. of the Consumer Code), only if the delivery delay exceeds 30 days from the order date. The Seller will then refund the sums paid to you no later than fourteen days following the date of termination of the contract, excluding any compensation or retention.
The cancellation of the sale will not be retained if the delay or failure of delivery occurs due to the Customer or a case of force majeure.
Price
The delivery price varies according to the chosen carrier and the weight of the package.
In any event, the delivery time and price will be communicated to you before validation of your order.
I HAVE A PROBLEM WITH MY ORDER…
Why is my order cancelled?
We may cancel your order for any legitimate reason, particularly in the event of a previous dispute.
The order may also be refused if the quantities ordered are unusually high compared to the quantities usually ordered by consumer customers.
We may cancel your order in case of product unavailability (See article "WHAT PRODUCTS DO YOU OFFER?" of the T&Cs).
My package is damaged, what should I do?
The Seller remains the owner of the delivered goods from the day of delivery until full payment of the entire sale price by the Customer.
The transfer of risks of loss and deterioration of the products occurs upon effective delivery of the order.
Upon delivery, You must ensure the conformity of the package and that it is not damaged. If You notice any deterioration of your package upon receipt, please refuse the package, and You must also follow the following procedure:
· Explicitly state your reservations on the delivery note or on the package if applicable (e.g., "package torn at the top, 5 cm hole" / "wet package", "open package", etc.). Please note that simply checking the "with reservations" box has no legal value. You must precisely describe your reservations, and it is advisable to take photos of the package as proof. If the delivery person/carrier does not allow you enough time to check the condition of the package, please add this mention to your reservations.
· Send a registered letter with acknowledgment of receipt to the carrier within three working days following delivery, to inform them of the apparent damage You have observed and to confirm your reservations. Please note that if the delivery person/carrier does not allow you to check the condition of the package, this period is extended to 10 days. The same procedure must be followed if the damage (damage, theft) was only discovered upon opening the package, even if the outside of the package (packaging) is not damaged.
In parallel, please immediately contact The Seller (see "HOW TO CONTACT US?") to report the problem to us.
To process your request more quickly, please provide us with the following photos: order number, delivery note + photo of the products.
If You choose to be delivered by a carrier other than the one chosen and offered by the Seller, the transfer of risks occurs as soon as the products are handed over to the carrier; consequently, the Seller declines all responsibility and any loss or deterioration of the products will be at your expense.
My package seems lost, what should I do?
In case of a lost package, please contact the Seller without delay (see "HOW TO CONTACT US?").
I received a defective product, what should I do?
As of delivery, You have a period of (3) three working days to submit your complaint in writing (by postal mail or email).
You must attach all supporting documents to your request, including photos proving the subject of your complaint. If the complaint is not made within these deadlines and conditions, it will be rejected by the Seller and the products will be deemed compliant and free from any apparent defect.
You may claim a refund or replacement of the product, which will be borne by the Seller, for any product delivered whose conformity defects or apparent or hidden defects have been duly proven by the Client under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these T&Cs.
CAN I EXERCISE MY RIGHT OF WITHDRAWAL?
You have the right to change your mind!
Yes, but there are conditions to respect if you wish to withdraw:
From the day of receipt of your order, You have a period of 14 clear days to inform the Seller of your desire to withdraw, without having to give reasons for your decision or bear any costs other than those necessary for returning your order.
To do this, You can use the withdrawal form that You will find in the appendix at the bottom of the T&Cs page.
You can also express your wish to withdraw, on plain paper, unequivocally, by postal mail or email, specifying:
· Your order number
· The reference of the item subject to the withdrawal
· Your first name and last name
· Your address
· Your phone number
· Your email address
In case of dispute, it is your responsibility to prove that You have complied with the aforementioned withdrawal period.
Exception to the right of withdrawal
· For customized products
The right of withdrawal is excluded for orders of customized products.
In the event of specific requests from the Customer (made-to-measure / alterations etc.), the right of withdrawal is also excluded.
· Regarding cosmetic products:
Please note, if the Customer unseals the product (e.g., breaking the tamper-evident seal, removing the plastic clip, protective film, etc.), they will not be able to withdraw.
The right of withdrawal is indeed conditional on compliance with the requirements set out in Article L 221-28 of the Consumer Code, which notably provides that "the right of withdrawal cannot be exercised for contracts:
1° For the supply of services fully performed before the end of the withdrawal period and, if the contract subjects the consumer to an obligation to pay, the performance of which has begun with his prior and express agreement and with his acknowledgment of the loss of his right of withdrawal, when the service has been fully performed by the professional;
2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
3° For the supply of goods manufactured according to the consumer's specifications or clearly personalized;
4° For the supply of goods liable to deteriorate or expire rapidly;
5° 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;
6° For the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
7° For the supply of alcoholic beverages where delivery is deferred beyond thirty days and the agreed value at the conclusion of the contract depends on market fluctuations beyond the professional's control;
8° For urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by them, limited to spare parts and work strictly necessary to address the urgency;
9° For the supply of audio or video recordings or computer software if unsealed by the consumer after delivery;
10° For the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11° Concluded at a public auction;
12° For the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specific date or period;
13° For the supply of digital content not supplied on a tangible medium, where the performance has begun before the end of the withdrawal period and, if the contract obliges the consumer to pay, when: a) The consumer has given explicit prior consent for the performance of the contract to begin before the expiry of the withdrawal period; and b) The consumer has acknowledged that they will lose their right of withdrawal; and c) The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L.221-13.
HOW TO RETURN AN ITEM?
Please note, this only applies to products not excluded from the right of withdrawal.
The return must comply with the following conditions:
· Products must be returned to the Seller no later than 14 days after notifying the Seller of your decision to withdraw.
· Products must be returned in their original and complete condition (without prejudice to the possibility of unpacking and testing the product) allowing them to be remarketed as new.
· Products must not be damaged or incomplete.
· Products must not have body odor, perfume odor, or laundry odor.
Contact us by email to obtain the return address: contact@mynclothes.com
Unfortunately, online shopping does not allow you to inspect the product as you would in a physical store. However, the possibility of withdrawing (under the stated conditions) allows you to try on the product as you would in a store. It is important to note that if the Seller observes traces of use that exceed this scope and, in general, a depreciation of the product, the Seller may apply a discount, and you will only be refunded the amount of your order, minus the discount.
When the conditions set forth herein are met, the Seller will refund you within a maximum of 14 days after you have informed them of your wish to withdraw. However, the Seller reserves the right to defer the refund until receipt of the items concerned by the withdrawal.
The Seller will issue the refund using the same payment method as used for the initial purchase. You will be refunded in full, excluding shipping costs.
Furthermore, the costs and risks associated with the return are your responsibility. *To ensure efficient handling of your return, we recommend using the Colissimo tracking service for shipping and retaining all proof of shipment, including shipping receipts and the parcel tracking number. This will allow you to locate the parcel in case of a problem.
Please note that only senders (i.e., you as the Customer) are authorized to initiate an inquiry with postal services in the event of a delivery issue. It is important to emphasize that the Seller's liability cannot be engaged in the event of loss or damage during the return process.
In case of a dispute or a refund request, it is your responsibility to provide proof that you have complied with the aforementioned withdrawal period. We thank you for your understanding and cooperation.
HOW TO CONTACT US?
For all inquiries or complaints, whether before or after your purchase, you can contact customer service by email: contact@mynclothes.com
CUSTOMER REFERENCE
Your feedback, messages, and photos are welcome! They are essential to help the Seller continuously improve and offer you a quality customer experience.
By these General Terms and Conditions of Sale, You authorize the Seller to make them public on its Website and/or social media networks such as Instagram, Tiktok, Snapchat, etc.
Unless expressly prohibited by the Customer, the Seller is authorized to mention the Customer's first name and/or username (social networks) in its reference lists.
When the Customer sends the Seller a message, comment, and/or review relating to their order, they authorize the Seller to use these testimonials for promotional and advertising purposes, among others. The Customer authorizes the Seller to adapt the form of these testimonials or to make modifications to them (in terms of form).
This authorization for exploitation is granted free of charge and without consideration; for the legal duration of copyright protection and worldwide.
CUSTOMIZATION: NON-LIABILITY
The Customer undertakes to choose and enter text that:
· Does not infringe on the rights of third parties (intellectual property rights, trademarks, etc.)
· Is not contrary to public morals, defamatory, or likely to harm human dignity.
Additionally, please note that the Seller does not check the spelling or grammar of the text you provide. Therefore, the Seller cannot be held responsible for any errors or typos on your part. You are solely responsible for the content of the text you customize.
LEGAL PROVISIONS
Opposition to telephone soliciting:
As a consumer client, you can register for free on the telephone solicitation opt-out list on the website www.bloctel.gouv.fr, if you do not wish to be subject to telephone marketing.
Conformity and legal guarantee:
The Customer benefits from the legal guarantee of conformity (articles L. 217-3 to L. 217-20 of the Consumer Code) and the legal guarantee relating to defects in the sold item (articles 1641 to 1648 and 2232 of the Civil Code).
|
"The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. |
Warranty against hidden defects:
Article 1641 of the Civil Code:
The seller is bound by the warranty against hidden defects of the sold item that render it unfit for its intended use, or that so diminish this use that the buyer would not have acquired it, or would have given a lesser price for it, had they known about them.
Article 1648, first paragraph, of the Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller can be relieved of apparent defects or non-conformities.
Personal data:
When you place an order, the Seller collects personal data necessary for the conclusion of the contract, to ensure its execution, manage administrative aspects, and issue invoices.
This data includes your first name, last name, postal address, email address, and phone number.
The Seller guarantees that this data collection is carried out in full compliance with current laws (Law 78-17 of January 6, 1978, amended by Law n°2018-493 of June 20, 2018) and is based, among other things, on the following legal basis: performance of the contract.
The Seller undertakes to use your data only within the scope of the objectives specified in the privacy policy present on the Website, unless the law requires sharing them with a competent judicial or administrative authority.
Your data is processed internally, and the Seller may communicate this data to its potential subcontractors responsible notably for the execution, processing, management, and payment of orders.
Your data will be stored for the duration of the contract or up to 3 years after our last contact with you. Afterwards, it will be archived in accordance with the legal limitation period, i.e., 5 years.
We take security measures to protect your personal data against any alteration, damage, or unauthorized access by third parties. To react to a security incident or to deal with threats or vulnerability situations, we may take the following types of measures: enhanced authentication procedures, requiring the Customer to strengthen the security of their password, etc.
You have the right to control how your data is used. You can request access to your data, have it corrected, or object to being included in a file. You have a permanent right to access, modify, rectify, object to, port, and restrict the processing of your information. You can also object to the collection and/or use of your data as long as it is not essential for the proper execution of the contract.
To exercise this right, you must submit your request by sending an email to contact@mynclothes.com
If you believe that a violation of the General Data Protection Regulation has occurred, you have the option to mandate an association or organization mentioned in IV of Article 43 ter of the 1978 Data Protection Act, in order to obtain compensation before a civil or administrative court. You have the option to lodge a complaint with the National Commission for Information Technology and Liberties (CNIL).
More detailed information on personal data is available in the privacy policy on the Website.
Intellectual property:
The products for sale on the Site are the property of the Seller and are protected by intellectual property law.
All elements constituting the Website are the property of the Seller and/or its partners and are protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an act of infringement. Images, logos, brands, texts, photographs, and any other element of the Website are protected by copyright, and you are exposed to legal proceedings in the event of plagiarized, copied, stolen, etc. content.
APPLICABLE LAW
These General Terms and Conditions of Sale, as well as all purchase and sale operations mentioned, are governed by French law.
The present General Terms and Conditions of Sale are written in French. If they are translated into another language, only the French version shall prevail in case of dispute.
We inform you that in the event of a dispute arising after your purchase on the Site, you have several recourse options, amicable or judicial:
For out-of-court remedies:
You are invited to first contact the Seller's customer service (see article "HOW TO CONTACT US?" herein) in order to reach an amicable agreement.
In the event that we cannot reach an agreement, you have the option of resorting to conventional mediation or using any alternative dispute resolution method.
In this regard, you can use the mediation service of the mediation body whose contact details are as follows, free of charge:
To be admissible, your referral to the mediator must be made within one year of a written complaint you receive from us, which remains unsuccessful.
As a consumer, you can access the Online Dispute Resolution (ODR) Platform at the following address:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
You can also contact a consumer association for assistance or alert the DGCCRF.
When no amicable solution has been found, you may take legal action and the dispute will be submitted to the competent courts under common law conditions.
For judicial remedies:
You can initiate legal action at your own expense. The dispute will be submitted to the competent courts under common law conditions.
APPENDIX 1: WITHDRAWAL FORM TEMPLATE
(Please complete and return this form only if you wish to withdraw from the contract, in accordance with the conditions set out in the GTC)
To the attention of the Seller, address postal address email contact@mynclothes.com
I hereby notify you of my withdrawal from the contract concerning the sale below:
Order No.:………..
Reference of the item being returned …………
Consumer customer's first and last name: …….
Consumer customer's address ……..
Consumer customer's phone number ……...
Consumer customer's email address ……..
Date:
Consumer customer's signature (only if this form is submitted on paper):