GENERAL TERMS AND CONDITIONS OF SALE

 

1. Vendor designation

This site is published by www.mademoiselledanse.com SARL Esprit Ballet, trade name Mademoiselle Dance (capital of € 5000), located at 11 rue de Cassis 13008 Marseille. Phone: 0954614885

RCS Registration number: 789 862 711. EU VAT number: FR74789862711

Site hosted by OVH. Webmaster: Stéphanie Berthet-BONDET.  Website developer: Eric Dolou

 

2. General provisions relating to General Terms and Conditions of Sale
2.1 Purpose of General Terms of Sale
The Terms apply exclusively to online sales of products marketed by Mademoiselle Danse SARL Esprit Ballet, only on its commercial site www.mademoiselledanse.com . They are written in French and in case of doubt concerning the interpretation of any translation, only the original French version shall prevail.
2.2 Scope of application of General Terms of Sale
General Terms of Sale exclusively govern contracts for online sales of products sold by Mademoiselle Dance (hereinafter "Vendor") to purchasers which have the status of consumer (hereinafter, "consumers"). The General Terms of Sale along with the order confirmation e-mail is the only contractual document. They cannot prevent the exercise of the consumer’s right of withdrawal under any circumstances.

2.3 Availability and enforceability of General Terms of Sale
The General Terms of Sale are available to consumers on the site www.mademoiselledanse.com
The consumer agrees to having accepted all the General Terms of Sale without reservation by checking the box provided for this purpose before ordering.
2.4 Modification of General Terms of Sale
The vendor may retain the right to modify the General Terms of Sale at any time, for any or all clauses, without warning and without having to pay any compensation to the consumer.
In case of modification of the General Terms of Sale, the General Terms of Sale which apply are those in effect at the date of the order by the consumer.
2.5 Severability clause of General Terms of Sale
The possible invalidity of one provision of the General Terms of Sale does not cause the nullity of the General Terms of Sale, only the clause deemed unwritten will lose its effect.
The temporary or permanent lack of enforceability of one or more clauses of the General Terms of Sale by the vendor cannot constitute a waiver on his part to the other provisions of the General Terms of Sale, which shall continue to have effect to his advantage.

 

3. Products
3.1 Features

The consumer who wants to can get additional information on a product by submitting a request to the Customer Service.
Products offered for sale on the website are individually subject to a description stating their essential characteristics, in accordance with Article L.111-1 of the Consumer Code.
The consumer who places an order in the possible absence of any information on a product is deemed to accept it in the present state in which it is delivered.
The illustration photographs of the products are not a contractual document. Differences may exist, in particular but not only regarding the actual color of the product, its apparent material, its finishes (closures, buttons, seams, etc.). The consumer does not rely on a slight modification to request a refund or exchange of a product.
Provided information on products is subject to typographical errors.

 

4. Price
4.1 Retail price

In accordance with the article L.113-13 of the Consumer Code, sale prices are indicated for each product for sale on the website www.mademoiselledanse.com in euros, all taxes included, excluding shipping costs, transportation and/or preparation. These potential additional costs are stated before order validation and are charged as an extra cost.
The total amount owed by the consumer for his order is indicated on the order confirmation page.
4.2 Modification
The vendor reserves the right to change his prices at any time, without notice, to increase or decrease them.
In the case of a change in the price of a product after an order is placed by the customer, the retail price of the product is the one in effect on the day the order is placed by the consumer.

 

5. Order
5.1 Conclusion stages of the online sales contract

To order, the consumer must fill a virtual shopping cart that collects items they wish to order. To do so, he must select the desired product, indicate its size and color if applicable, the desired amount, and then click on "add to basket".
The consumer must click on the box "I have read the general terms of sale and I accept them unreservedly."
An order confirmation e-mail is sent to the consumer as soon as possible.
It is the consumer’s responsibility to provide correct and accurate information when ordering.
This information must allow the vendor and the carrier to perform their obligations under the best conditions.
This includes not exclusively the e-mail contact address of the consumer, their full delivery address, their name, their surname, their telephone number.
The vendor is relieved of any responsibility in the case of a typing error or of a partial or incomplete entry by the consumer, neither taking into account the guarantee of the latent defects nor the commercial guarantee from which the consumer benefits.

5.2 Modifying an order
Any modification on an order by the consumer after its confirmation is subject to acceptance by the vendor and to the availability of the requested products.
The modification request can only be taken into account before the order preparation. The preparation time is usually 24 hours but it can be lower and no guarantee can be given to the customer on how long it takes.
The vendor is not required to consider a late modification request (received after preparation of the order).
5.3 Validation of the order
The vendor reserves the right to refuse any order for legitimate reasons. For example, an abnormally high amount of items when considering the buyer is a consumer can justify the vendor’s refusal to proceed with the order.
The vendor reserves the right to refuse any order from a customer with whom there is a dispute (pending or resolved).
In the case of a refusal, the consumer is fully reimbursed within a reasonable time period.

5.4 Unavailability of ordered products
If ever one or more products are unavailable in an order, the vendor shall inform the consumer within a reasonable time period and shall offer him a product of equivalent quality and price. If the consumer wishes, he can be refunded or receive a credit which he can use on the website.


6. Termination of the contract
The contract may be terminated by the vendor in the following cases:
- Non-acceptance of delivery by the consumer of ordered products
- Return to sender of the package due to the inaccuracy of the information provided
- Non-payment of the price (regardless of any prosecution against the consumer)
In all of these cases, the amount of any advance payments shall be kept by the vendor as a compensation.

 

7. Retraction
As of the reception of the products, the consumer has a legal retraction period of fourteen days, with no need for justification or penalty payment.
The potential return costs are at the consumer’s expense.
To exercise this right, the consumer must send an e-mail to the customer service contact@mademoiselledanse.com . This e-mail must include the order number, the full name of the customer and any useful information.

Following this request, the consumer is given a return number. This return number is essential, a package received without a return number cannot be accepted in our warehouses.
With this return number, the consumer can send the goods back to the vendor.
The consumer is refunded within 30 days of the date of receipt of goods , provided that the vendor receives the products in their original packaging, complete, in perfect condition, with their label, unworn , unwashed, accompanied by the original invoice and return slip. A return which will show that one of these criteria is not met will not be accepted and the product will be sent back to the consumer.
A consumer faces the risks associated with returning a product. He is responsible for taking all necessary steps to secure its return (packaging, protection). In the case of a drop-off without signature which isn’t received by the vendor, it is up to the consumer to provide proof of the product’s receipt.
Without this proof no refund can be made. There will be no refund if the returned item hasn’t made it back to the vendor.
This is why we strongly recommend to all consumers who want to make a return to send it by registered mail with a statement of the value of the product, with insurance, and with acknowledgement of receipt. Proof of delivery is then created by the stamp of the company Mademoiselle Dance / Esprit Ballet on the registration form, or by the signature of the head of Returns.

 

8. Payment
The full price is claimed upon confirmation of the order.
Payment is made on a secure independent platform via the secure site “La Société Marseillaise de Credit” or via bank transfer.
In both cases, the consumer’s banking information is not available to the vendor. They do not pass through any of its servers. Only trusted third parties in charge of data encryption (SMC) process the information digitally to ensure complete security of the transaction and optimal protection of bank data.

 

9. Delivery
The vendor commits to deliver the products to the carrier within 7 working days after receiving the full payment of the order. This period is extended to 10 working days for the following periods: winter and summer sales, winter holidays (December 1st to January 15th).
Delays in delivery due to an external cause can neither give reason for compensation payment nor for compensation claim from the vendor.
Products are delivered to the address specified by the customer on the order form.
The consumer who accepts a product without expressing reservations to the carrier accepts it in its present form. He is then deprived of any opportunity of submitting a claim regarding the delivery.
In case of damage or partial loss of the product, the consumer must express reservations on the delivery form upon receipt of the delivery. A copy of it is sent to the professional vendor, and within the three days following this receipt, the consumer must notify these reservations to the carrier by registered letter with acknowledgment of receipt in accordance with Article L. letter 133-3 of the Commercial Code.
If the product does not comply with the order, the consumer must submit a claim to the professional vendor so as to obtain replacement of the product or possibly cancellation of the sale.

 

10. Warranties
Legal safeguards
All products supplied by the vendor are covered by the legal guarantee of conformity set out in articles L. 211-4 to L. 211-14 of the Consumer Code, and by the legal guarantee against hidden defects set out in articles 1641 to 1649 of the Civil Code.
Under these guarantees, the vendor commits, following the consumer’s choice, to reimburse him, or to exchange the defective products or those which don’t match the order.
After-sales service
Claims made under the guarantees should be directed to Customer Service from 10am to 5.45pm on Monday, Tuesday, Wednesday, Friday and Saturday and on Thursday from 10am to 12.45pm.
You can contact customer service at 09.54.61.48.85 or by e-mail contact@mademoiselledanse.com

 

11. Responsibility
Exemption from liability
The vendor cannot be held responsible for non-performance or improper performance of the contract, either because of the buyer, or because of an insurmountable and unpredictable third party to a contract, or because of absolute necessity.
Moreover, the vendor being bound by a best effort undertaking, his obligation is deemed to be complete as soon as he hands the package containing the consumer's order to the carrier. He is then released from any liability in case of non-delivery of the product.
Evidence of his obligation is created by the production of the deposit slip when giving the parcel to the carrier, ticked off by him.
Penalty clause
In all cases of breach of contract from the consumer, the deposit paid for the order remains acquired by professional vendor as compensation.

 

12. Cancellation clause
The cancellation of the order as provided in these General Terms of Sale shall be expressed by registered letter with acknowledgment of receipt and will be acquired by right without judicial formality.


13. Intellectual Property
The items displayed on this website, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law. All text and images presented on the e-commerce website of the vendor are reserved, for the whole world, under copyright and intellectual property, and their reproduction, even partial, is strictly prohibited.
Any reproduction or distribution of these elements without the prior written permission of the publisher exposes violators to prosecution.


14. Personal Data
The collection of personal data, their use for the purposes of order processing and customer file creation, and their dissemination to third parties responsible for the implementation and payment of orders, is subject to the consent of the person concerned.
The processing of personal data, which is stored by the publisher for the sole purpose of the proper administration of orders and trade relations, is the subject of a declaration sent to the French National Commission for Data Protection (CNIL).
The consumer has at all times the right to access, modify, rectify and delete personal data.

Personal data provided by customers is not disclosed to third parties. They are, except if the customer expressed a form of opposition, incorporated in the client’s file of the company Mademoiselle Dance / Esprit Ballet.
In accordance with law 78-17 of January 6, 1978, the customer has at all times the right to access and correct personal data. To exercise this right, the customer should contact the customer service of the company by e-mail, phone or mail.

15. Dispute resolution, clause for prior compulsory conciliation
In the case of a dispute between the vendor and the consumer, the latter commits to engage in a conciliation procedure directly with the vendor so as to settle the dispute without the intervention of a third natural or legal person.
This procedure replaces any other form of settlement of the dispute during a 30 working day time period upon which the customer agrees.
Complaints should be directed to Customer Service at contact@mademoiselledanse.com

16. Territorial jurisdiction
For any dispute relating to an order placed on the e-commerce website www.mademoiselledanse.com or for any dispute relating to these General Terms of Sale, the competent court will be the one closest to the defender’s domicile.

 

17. Applicable law
This contract and it’s the General Terms of Sale are subject to French law.
Copy of articles required by law to be displayed:
Article L211-4 of the Consumer Code
The vendor is required to deliver a product that complies with the contract and shall be liable for any non-compliances existing upon delivery.

The vendor shall also be liable for any non-compliances resulting from the packaging, the assembly or the installation instructions where the vendor is liable under the contract for assembly/installation or where it was carried out under the vendor’s responsibility.


Article L211-5 of the Consumer Code
To comply with the contract, the product must:
1) Be fit for the use normally expected of an item of its type and, where appropriate:
- Correspond to the description given by the vendor and possess all the qualities presented to the buyer or the vendor in the form of a sample or a model;
- Have the qualities that a purchaser can legitimately expect given the public statements made by the vendor, producer or his representative, particularly in advertising or labeling;
2) Or have the characteristics defined by mutual agreement by the parties or be fit for all special uses sought by the purchaser which the vendor was made aware and accepted.
Article L211-12 of the Consumer Code
Legal action based on non-compliance is time-barred two years after the delivery of the product.

 

Article 1641 of the Civil Code

The seller is bound to warranty in respect of secret defects in the thing sold which render it improper for the use to which it is destined, or which so far diminish such use, that the buyer would not have purchased it, or would not have given so large a price, if he had known them.

Article 1648 of the Civil Code.
The action resulting from faults annulling the sale must be brought by the purchaser, within two years after discovery of the defect.
In the case provided for in article 1642-1, the action must be conducted, under penalty of foreclosure, in the year following the date on which the vendor may be discharged of defects or of apparent compliance defects.