Terms of use

 

1. Application of these Terms of Use

These Terms of Use define the rights and obligations of Body&Moves SARL, 10 bd Herold 92000 Nanterre, Siret : 799 583 604 00019 (under the denomination “Mademoiselle Spin”) and of the User (“User”, “You”, “Your”, “Customer”) of the website www.mademoisellespin.com (the “Site”).

The use of this Site is governed by these Terms of Use and the Privacy Policy. The User indicates his acceptance of these Terms of Use by accessing, using and/or placing an order for Products using the Site, regardless of the means of access. If you do not agree to these Terms of Use and conditions of our Privacy Policy, you must exit the Site and discontinue any use of the Site and any of its content.

Mademoiselle Spin reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, from time to time at any time, without notice, and in its sole discretion.Your access or use of the Site after an updated version of these Terms of Use has been made available on the Site indicates your acceptance of the updated Terms of Use.

These Terms of Use are permanently accessible through the following link:

https://www.mademoisellespin.com/en/content/terms-of-use-3 in a format that allow them to be printed or downloaded in such a way as to be reproduced or saved by the User.

2. Prices

All item prices are given in Euros and are inclusive of all taxes. For currency other than Euros, Mademoiselle Spin is not responsible for any variance on exchange rates raised by banks, paypal and credit cards. The prices do not include delivery fees. They take into account the potential discounts granted by Mademoiselle Spin.

Mademoiselle Spin reserves the right to change or modify its prices from time to time at any time, without notice, and in its sole discretion. The items will be invoiced according to the prices in effect at the time Your order is completed. Items ordered before or after will not have prices adjusted to include discounts. The items ordered will remain the property of Mademoiselle Spin until Mademoiselle Spin receives the full payment amount.

3. Products

All the texts and images have been conceived with care. However, we make no representation as to the completeness, accuracy, or currency of any information on the Site. The actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors.

The items displayed on the Site are available within the limits of available stocks. The quantities indicated on the product pages of www.mademoisellespin.com are for informative purposes only and do not formally engage Mademoiselle Spin.

In case of product unavailability, the User will be informed by Mademoiselle Spin as soon as possible by electronic mail. An exchange for a product of the same value or a refund will be offered. If we cancel an order, all received monies will be refunded using the method of payment received within 14 days.

4. Order

The User may order online from the www.mademoisellespin.com website at any time. The list of the products selected by the User will be available for consultation by clicking on the cart icon at the top right of the Site. The User can choose to continue to select other items by clicking on the button “continue shopping” or finish his selection and begin the order process by clicking on the button “proceed to checkout”. By placing an Order you are offering to purchase a product on, and subject to the following Terms of Supply. All orders imply acceptance of the prices and item descriptions available at the time of sale. You represent that you are at least 18 of age and have the legal capacity or obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use.

In order to purchase products or services through the use of the Site, you must establish an account with Mademoiselle Spin or fill in the form accurately. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.

After checking the status of his order, and having filled in all the mandatory information, the User will be allowed to proceed with payment. You must pay Mademoiselle Spin for the Products at the time of placing your order using the Site.

Your receipt of an order confirmation does not indicate our acceptance of your order and it does not confirm our offer to sell. Mademoiselle Spin has the right to accept or decline your order at any time after receipt of your order.

5. Payment

Users may pay for their purchases with a debit/credit card (Visa or Mastercard) or via PayPal. All payments are made to Mademoiselle Spin in Euros. The payment will be confirmed upon receipt of any additional information requested (in case of payment by debit or credit card that requires further verification). The total amount due, including the shipping charges, is showed on the payment page of the Site and in the order confirmation sent by e-mail. Payments must be made in full in one installment.

Credit card, Visa, Mastercard :

Payments are totally secure through the online payment system of our partner Mercanet (BNP Paribas). Your bank details are encrypted using the SSL security standard and do not travel through www.mademoisellespin.com. As part of the fight against fraud, we use the 3D Secure payment for orders placed by credit card, Visa and Mastercard.

PayPal :

Please see Paypal.com for information on PayPal payments.

Payment and security:

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity.

6. Delivery

6.1 Delivery location

At this time, Mademoiselle Spin delivers to European Union and some other countries as specified on the delivery page during checkout. We reserve the right to refuse or cancel any order if the delivery address is not covered by our delivery services. The products ordered will be sent to the delivery address as specified by the Customer during the order process. Mademoiselle Spin is not accountable for any delayed delivery caused by an incorrect or incomplete address. Any customs fees raised when sending outside of the EU are the responsibility of the buyer.

6.2 Delivery times and conditions

The delivery fees will be charged to the Customer. They are indicated during the checkout process as well as in the order confirmation sent by email.

Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries. It is the responsibility of the User to provide correct delivery information, we shall not be held liable for any delays in delivery due to incorrect delivery information supplied to us.

The products ordered by the Customer will be delivered within 30 calendar days after the order registration, subject to payment of the total amount of the order. 7 days after exceeding the deadline of delivery indicated at the registration of the order, if the parcel has not been delivered you may institute proceedings for the cancellation of the sale, in accordance with the provisions of Consumer Affairs Act (article L.114-1), and obtain the reimbursement of the order, excluding any additional compensation.

Any discrepancies on your order or faulty items need to be advised within 3 days of receipt by any means to the carrier and Mademoiselle Spin, failing which Mademoiselle Spin will not assume the cost of its exchange.

7. Cancellation / returns

Under the Consumer Affairs Act (article L. 121-20), the Customer has a legal cooling-off period of fourteen working days to cancel the contract without providing a reason. We reserve the right to charge you to collect the goods and to charge you for any damage that may have occurred whilst the goods have been in your possession, if necessary. This cancellation period begins the day after delivery.

If for any reason you need to return an item within 14 days of receiving delivery, please file an exchange or return request in the "My Account" section of the Site. The Customer has then 7 calendar days to return the products at his own cost at:

Mademoiselle Spin
14 rue du Port  
92000 Nanterre

If you return goods to Mademoiselle Spin, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery. If the package is lost, no refund will be given without the proof of postage. We do not refund return postage charges unless the item received is damaged, or the item received is incorrect from the option of product that is selected and appears on your order. Under the terms of the Consumer Protection Regulations you as the customer have a duty of care for the product whilst it is in your possession. If products are damaged by you and subsequently returned, a charge will be made to repair the product to its original condition. Please be aware that where repair is not economically viable no refund will be made.

We only accept returns on products and items that are unused/untested, in re-saleable condition and complete with any manufacturer packaging it was supplied in. Mademoiselle Spin will determine whether the items are in perfect condition upon receiving the package. No returns will be accepted if the returned items have been visibly used or damaged by the Customer and if this use or damage has rendered the items unsuitable for sale. All products must be tried on with underwear. As a hygienic measure, the returns that do not comply with this procedure will not be accepted.

If the return is refused by Mademoiselle Spin, then the items will be returned to the customer at his own expense.

Mademoiselle Spin will refund returned items within 30 days from the cancellation of the order (subject to the aforementioned return conditions).

In the case of an exchange, if the amount of the customer's exchange order is more than his or her initial order, he or she may pay the price difference. The dispatch of the customer's exchange order is conditional upon confirmation of this payment. The shipping charges are assumed by Mademoiselle Spin for an exchange with a delivery address in Metropolitan France.

8. Warranty

In implementation of legal provisions, all orders are covered by a legal warranty of conformity as stipulated in the Section L.221-4 to L.221-10 of the French Consumer Code.

The customer will not be able to claim any damages nor repayment resulting from any misuse and / or intensive use of items by the Customer. In no case may the Customer make any claim under the terms of a warranty if the product has been altered or repaired without prior authorization being granted by Mademoiselle Spin.

9. Liability

Mademoiselle Spin has an obligation only to use its best endeavours throughout all the stages regarding accessing the site, the ordering process, delivery, customer service or after-sale service. Mademoiselle Spin cannot be held liable for any damages or inconveniences inherent to using the Internet network, specifically a disruption of services, an external intrusion or computer viruses, or for any event considered to be force majeure, as established by case law.

The computerized databases, preserved in the information technology systems of Mademoiselle Spin under reasonable conditions of safety, will be regarded as evidence of communications, orders and payments between the parties and alone these data have probative force in case of litigation.

Mademoiselle Spin accepts no liability for any loss of data or files, Customer must proceed to all backups necessary.

Mademoiselle Spin may not be held liable for a Customer’s misuse and / or intensive use of items.

10. Intellectual property

All text, comments, works, illustrations, and images reproduced on www.mademoisellespin.com are protected by worldwide copyright and intellectual property laws. In this regard, and in accordance with the provisions of the intellectual property code, only private use is authorized, subject to different, more restrictive provisions of the intellectual property code. Any reproduction, in whole or in part, of the www.mademoisellespin.com website is strictly forbidden without prior agreement.

11. Privacy Policy

Mademoisellespin.com is the sole owner of the information collected on this site and will use this data to process your online orders and provide tailored customer service. Mademoisellespin.com reserves the right to gather data about the user, in particular by the use of cookies in accordance with the legislation in force. Failure to supply information required shall lead to the order being automatically rejected.

The user is informed that this automatic processing of information was subject to a declaration to the CNIL (Commission nationale de l'informatique et des libertés - French data protection authority) under number 1902766 v 0. The user has the right to access and modify any data concerning him or her.

The user may expressly oppose the disclosure of his or her personal details simply by indicating his preferences through the contact form on Mademoisellespin.com.

12. Cookies

www.mademoisellespin.com uses cookies to store the Personal Information in the user account you establish. The User can accept, reject or remove cookies by adjusting his browser settings. The "Help" menu in the toolbar of most web browsers will tell you how to change your browser's cookie settings, including how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. Please note that if you use your browser settings to block all cookies, you may not be able to access all or parts of the Site.

www.mademoisellespin.com may use third party to help monitor the Site analytics or for advertising purposes. You are free to adjust your browser settings to block the use of third party cookies. This may have an effect on the functionality of the Site or parts thereof.In such advertising partnerships, www.mademoisellespin.com may want to submit to the third party data about items specifically known to have been viewed by the User and the nature of his purchases.

13. Partial non-validity

If one or more clauses of these terms and conditions of sale were deemed illegal or invalid, such invalidity would not apply to invalidate other provisions of these conditions retain their full force and effect.

14. No waiver

No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

15. Applicable Law

The parties agree that these terms and conditions of sale are subject to the application of French law.This will apply whether in regard to fundamental rules or to rules pertaining to form. In the event that a dispute should arise from this contractual relationship, the parties agree before any legal action to seek an amicable solution. Failing this, the French courts will be only qualified.

 


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