The present general conditions of sale govern exclusively the sales of MIKAEL DAN SASU the commercial denomination of which is « Eve Cazes & Mikaël Dan ». The present general conditions of sale apply exclusively between the MIKAEL DAN SASU company or its branches and all the persons visiting or making a purchase in the boutique or via the site www.mikaeldan.com. The pieces sold are second-hand pieces. These conditions apply excluding all the other conditions. Our general conditions of sale may be modified, the applicable conditions are those in force on the site at the date your order is placed or of the purchase in the boutique.
For any information or question, our clientele service is at your disposal: - Telephone: +33 (0)1 42 65 95 44 from Wednesday to Saturday from 11 a.m. to 6.30 p.m. – Address : 20, rue de Miromesnil – 75008 Paris - Email : email@example.com
ARTICLE 1 – SALES PROCESS
The client declares that he has read and accepted the present general conditions of sale. The validation of the order therefore implies the acceptance of these General Conditions of Sale. Unless proven otherwise, the data registered by MIKAEL DAN constitute the proof of all the transactions made by MIKAEL DAN and his clients. Any order implies full and unconditional adhesion to the present conditions of sale which apply by right with the express exclusion of all the other general conditions. Any clause to the contrary that was not subject to an express acceptance from our part, will by no means be binding us. The pieces presented in our boutique or on our internet site are pieces sold exclusively second-hand. Our offers of products and prices are valid as long as they are visible on the site or in the boutique within the limits of the available stocks. The availability of the products is communicated at the time of placing the order. In the event of an unavailability of the product after the placing of the order, MIKAEL DAN will indicate quickly and by all the means of his choice a new delay of delivery or the impossibility to process the order. The Client will then be able to cancel his order and require a refund, the payment taking place at the choice of MIKAEL DAN by bank transfer or by bank check at the latest within 15 days from the payment of the down payment of the client. The Client undertakes to respect all the laws and regulations relating to the acquisition of goods of all types. The Client undertakes to have a standard mail box in line with the recommendations of the postal services (dimension of the mailbox, indication of the details of the residents…). In the event of the failure of the Client, MIKAEL DAN reserves the right to cancel all or part of the orders already paid. As well as any change of situation of the clients entitles us to cancel the outstanding orders or to require guarantees.
ARTICLE 2 – ORDER VIA OUR WEB SITE
The information of the site are provided on an indicative basis and are subject to a confirmation at the latest at the time of the delivery when they will become contractual. Each order placed via our Internet site: www.mikaeldan.com is subject to a confirmation including all the relevant information. MIKAEL DAN reserves the right to cancel or to refuse any order from a client who may be involved in a dispute relating to the payment of a former order. Any order from the Client is firm and definitive from the moment of its receipt by MIKAEL DAN. It is the responsibility of the Client to check the information stated on the order confirmation and to inform immediately MIKAEL DAN of any error or discrepancy. The product is delivered by MIKAEL DAN in accordance with the order confirmation which commits the client. Any subsequent changes to the order of the products, quantity or delivery delay, for whatever reason, must be made in writing and will only be possible with the prior express written agreement of MIKAEL DAN. For security reasons and in order to combat efficiently the fraudulent use that could be made of your payment means, MIKAEL DAN ensures the greatest attention to your data. We check systematically the concordance of the information available to us. Within this framework MIKAEL DAN may exceptionally proceed to a validation of the Client’s identity. In the absence of the information required by MIKAEL DAN within the framework of the identity validation, MIKAEL DAN may cancel the transaction effected by the Client. The Client declares that he has read and accepted the present general conditions of sale before the shipping of his order. The placement of the order by the Client implies the unconditional acceptance of these General Conditions of sale. Unless proven otherwise, the data recorded by MIKAEL DAN constitute the proof of all the transactions between MIKAEL DAN and his Clients.
ARTICLE 3 – DEPOSIT SALE AGREEMENT
The depositor Client undertakes to have the full property and capacity of sale of his piece. A pre-assessment by phone or mail does not commit MIKAEL DAN. In the event of errors, imprecisions of the description, and after the final visual assessment, MIKAEL DAN could propose a purchase price different from the one on which the pre-assessment was fixed. No claim from the Client-Depositor will be acceptable for this reason by MIKAEL DAN. MIKAEL DAN reminds the Client acting in a professional capacity of his obligation to respect the laws and regulations relating to the professional exercise of a commercial activity of sale. He should in particular fulfil his social or fiscal obligations of declaration. The Client Depositor mandates MIKAEL DAN to sell in his name and for him the good or goods deposited by using all the means available to him, in the boutique, via the internet site, auctions or in shows in France and abroad. MIKAEL DAN reserves the right to put or not the products on line on its internet site, as well as the delays of the on-line release of the products are done according to the calendar fixed by MIKAEL DAN. In no case MIKAEL DAN will be held responsible for the delays of the on-line release of the products. You can rest assured that we do all we can in a common interest to sell your good without undue delay. The amount paid to the Client-Depositor for each piece deposited, is the price indicated on the form of deposit-sale. The payment of the piece deposited is made after the complete payment by the buyer of the said product.
ARTICLE 4 – PRICES
The prices of our pieces are indicated in euros including taxes (VAT and other taxes). The cost sharing of the costs of processing and of shipping for metropolitan France shall be borne by MIKAEL DAN. Our prices are calculated from the purchase conditions and can be modified at any moment without prior notice, according to the evolution of the quotation of the good on the market or the price of the raw materials. The ongoing orders will be invoiced according to the rates in force at the time of the registering of the order. The price that the Client must pay is indicated on the mail of the order confirmation and on the invoice issued. In case of an order towards another country than metropolitan France, the custom fees and local or import taxes will be charged to the client. All the orders are payable in euros. We carry out all the necessary controls to best process the orders. However, it may happen that in spite of all our efforts to best satisfy our Clients, a small number of products among the hundreds of articles included in our catalogue may contain an error of price or of referencing. If the price corrected is inferior to the price mentioned on the site or in the boutique, we will apply to you the lowest price. If the price corrected is superior to the price mentioned on the site or in the boutique, we will inform you and proceed to the cancellation of your order unless you choose to accept the order at the new price. Our site is subject to a system of security and we have adopted the SSL encryption process. We have also reinforced all the blurring and encryption processes to protect as efficiently as possible all the sensitive data linked to the means of payment.
ARTICLE 5 – PAYMENT
The payment is made before the delivery of the pieces. It is expressly agreed that except for a prorogation request asked in time and granted by MIKAEL DAN, the failure to pay our products at the fixed maturity implies ipso jure, whatever is the planned payment mode, the immediate playability of all the remaining sums due by the Client, as well as the application of delay penalties which will be charged to the Client and which are fixed at the level of two times and a half the legal interest rate in effect at the scheduled maturity, any month begun being totally due, without prejudicing our right to other collection charges and to damages and interests equal to 15% of the sums unpaid. The amount of the default interests may be charged on all the discounts, rebates or reductions, specially granted by MIKAEL DAN. As well as in case of unpaid bills as a result of fraudulent use of a means of payment, MIKAEL DAN will apply to the client administrative fees of an amount equal to 20% of the amount unpaid, and these fees will not be inferior to one hundred (100) euros excluding taxes. The Client authorizes MIKAEL DAN to collect the amount of the unpaid bill, increased by administrative fees and interests. MIKAEL DAN reserves the right to suspend or terminate all the ongoing orders from the Client, after the sending of a formal notice remaining unsuccessful. The payment of your purchases is made in cash: by credit cards : Visa, MasterCard, American Express – by bank check – by bank transfer - on credit with our partner Cetelem (see specific conditions) –Payment in instalments, (good released upon the payment of the last due date). In case of delayed payment, the payments must reach us in a maximum delay of 5 days after the placing of the order. Otherwise, the availability indicated at the time of the order will no longer be guaranteed. MIKAEL DAN will inform the client about the new delivery delay if needed. In the case of a payment not received in a delay of 8 days, the order will be automatically cancelled.
ARTICLE 6 – DELIVERY
The Client must indicate on the delivery slip, before any signature, any package or product missing, damaged or non-compliant. It is the responsibility of our clientele to guarantee its rights by complying to article 105 of the Trade Code, and to carry out the verifications necessary upon the receipt of the goods, to express all the reservations if necessary and, for any damage noted, to inform us immediately by registered letter with acknowledgement of receipt within 48 hours under penalty of foreclosure. Our delivery delays are indicative and are maintained where possible. A delivery delay, even important cannot constitute an acceptable cause, nor the refusal of delivery, nor a legal action to obtain damages of any sort. In case of late delivery, the client can contact the MIKAEL DAN client’s service by phone: 01 42 65 95 44 or by E-mail: firstname.lastname@example.org The claims and exchanges upon express acceptance of MIKAEL DAN, of the pieces bought in the boutique are only admitted in a delay of 5 days maximum. The claims or exchanges of the pieces ordered via our Internet site are only admitted within a delay of 14 days. The piece must be sent to us in its original packaging together with the original invoice, at 20, rue de Miromesnil – 75008 Paris. The pieces are delivered at the delivery address that you have indicated during the ordering process. In case of payment other than by credit card, the order will be processed at the collection of the payment (21 days for the payment by bank check). Consequently, the delays applicable in these cases are those of the day of the payment of the check or bank transfer and can thus be modified compared with those mentioned on the day of the placing of the order. The delivery costs are applicable according to the information mentioned on the site. MIKAEL DAN reserves the right to modify its deliveries conditions at any time and to invoice in addition the delivery costs. In this case, they will be invoiced on the basis of the rates in force at the time of the registering of the order.
ARTICLE 7 - GUARANTEE
All the watches are guaranteed for 1 year from the date mentioned on the invoice. During the year of guarantee, MIKAEL DAN undertakes to repair any defect appearing after the date of delivery. However, this guarantee does not cover: - The problems caused by an accident, - The problems caused by an improper handling. - The problems caused by a lack of maintenance or interventions of non-authorized third parties as well as eventual consequential damages due to them. – the wear and damage of the battery, of the bracelet, of the casing or the glass. – The guarantee does not cover the batteries. – The presence of water, of condensation or trace of oxidization. Our guarantee is strictly limited to the repair or to the replacement in our workshops of the pieces agreed to be defective and the material downtime will thus not entitle to a compensation, for any reason whatsoever. Any abnormal or non-compliant use, any transformation or modification of the materials will invalidate the guarantee. The return of the material covered by the guarantee must be done in port paid by the Client.
ARTICLE 8 – PROPRIETARY RESERVE
Regardless of the mode of payment, the products delivered remain the exclusive property of MIKAEL DAN until the integral payment and without reserve. The present clause, applicable within the framework of the law n°80-335 of May 12, 1980 relating to the effects of the ownership reserve clauses within the framework of the sales contracts is also binding on third parties in case of bankruptcy or judicial settlement of the Client
ARTICLE 9 – CLAIMS AND RIGHT OF RETRACTION
For any purchase made via our internet site, the Client has a period of 14 days from the receipt of the products to require its return should the product not suit him. In case of exercise of this right of retraction, the Client must send as quickly possible his written request to MIKAEL DAN. The cancellation period of 14 days runs from the date of receipt of the product by the Client and of its return/receipt by MIKAEL DAN. The returns made without the express agreement of MIKAEL DAN, can by no means, even if they are received by our services, be regarded as a takeover agreement. The returns must be made to MIKAEL DAN, at 20 rue de Miromesnil, 75008 PARIS, in their original packaging, complete (accessories, notice…) in perfect condition, and with the original invoice. The articles returned, incomplete, spoiled, damaged or soiled by the Client will not be taken back. The piece or pieces will be refunded within 15 days of the receipt date of the product or products. The payment will be made according to the MIKAEL DAN conditions, by bank transfer or by bank check, addressed in the name of the client who placed the order and his invoicing address. No shipping against refunding will be accepted for whatever reason. In the case of a reservation of a product picked up in the boutique, the retraction delay of 14 days is not applicable. If you have exceeded the legal deadline of 14 days, MIKAEL DAN will by no means take back your good and credit your client’s account for the corresponding value.
ARTICLE 10 - CREDIT NOTE
The validity of the credit notes will last a maximum of 6 months. After this deadline the amounts paid will be kept by MIKAEL DAN.
ARTICLE 11 – LIABILITY
The products proposed are in compliance with the French legislation in force. MIKAEL DAN cannot be held responsible in case of non-respect of the legislation of the country where the products are delivered. You are responsible for checking with the local authorities the possibilities of import or of use of the products that you intend to order. The photos are communicated for illustrative and indicative purposes. We invite you to refer to the description of each product to know the precise characteristics, and if you have any doubt or if you wish to have other information, to contact us. In case of manifest error between the characteristics of the product and its representation and/or the conditions of the sale, MIKAEL DAN cannot be held liable. In case of hypertexts links leading to other websites from the MIKAEL DAN site, the company will not be responsible for the content of the information provided on these sites after activation of these links. In case of purchases on a professional basis, MIKAEL DAN will not be liable for all the indirect damages because of the present ones, operating loss, profit loss, loss of opportunity, damages or costs.
ARTICLE 12 – PROTECTION OF THE PERSONAL DATA
ARTICLE 13 – INTELLECTUAL PROPERTY
All the texts, comments, books, illustrations and images reproduced on the www.mikaeldan.com site are reserved under copyright and intellectual property and for the whole world. As such and in accordance with the provisions of the Code of the Intellectual Property, only the use for a private use is allowed subject to different provisions even more restrictive of the code of the intellectual property. Any reproduction total or partial of the MIKAEL DAN site: www.mikaeldan.com is strictly prohibited.
ARTICLE 14 – APPLICATION SCOPE
The general conditions of sale govern all the services provided to the client by MIKAEL DAN, apply automatically and their provisions have priority over other provisions not expressly accepted by MIKAEL DAN and in particular the general conditions of purchase of the Client. It can only be derogated in writing. MIKAEL DAN reserves the right to modify the general conditions of sale at any time. The new general conditions of sale will be applicable when they will be notified to the Client, in particular on our internet site www.mikaeldan.com. The Client may at any time consult or download them from our internet site www.mikaeldan.com.
ARTICLE 15 – APPLICABLE LAW – ATTRIBUTION OF COMPETENCE
In the event of a dispute, the Commercial Court of Paris has sole competence whatever the sales conditions and the mode of payment accepted, even in case of warranty appeal or of plurality of defendants.