Protection of the minors
Order and Payment
Right of retractation
Right of resolution
Execution of the order
“Double-Click” and proof
Conservation and filing of the documents
Entirety of the contract
The purpose of you are currently connected on one of the sites managed by metaboutique.com. this document is to inform you on metaboutique.com and its general terms of sale in line (Contractual Conditions).
You must attentively read the provisions which will follow, because they constitute an electronic contract establishing the general terms of sale of the electronic shop of metaboutique.com.
The “Double-click” that you will carry out after having filled your form with order constitutes the validation of this one and will be worth irrevocable acceptance of these Contractual Conditions when your order is validated.
Consequently, you can order products and/or services only if you accept all the conditions envisaged below.
The Net surfer (natural person having the capacity to contract) and metaboutique.com are called hereafter “the parts”, and individually “the part”.
In this contract, each expression mentioned below will get along within the meaning of its definition, namely:
- “the company”: metaboutique.com
- “remote contract”: any contract concerning the order of products and/or services concluded between the company (*) and a customer (*) within the framework from a system of sale or performances of service remotely organized by the company (*) which, for this contract, uses exclusively Internet network until the contract signature, including the contract signature itself.
- “customer”: any natural person who, in this contract, acts on a purely particular basis or like representative of a moral person and who has the right to contract.
- “purchase order”: document which indicates the characteristics of the products ordered by the customer (*) and which must be signed of him by “double click” (*) to engage it.
- “order”: act by which the customer commits himself buying products and/or services and the company (*) with him to deliver them and/or to provide them to him.
- “product”: sold well or abundant service by the company.
- “double click”: reiteration of the validation of the Purchase order by the customer. A purchase order filled and validated first once is never taken into account without the confirmation of the customer. This confirmation can be carried out by the means of a check box bearing acceptance of the Contractual Conditions, or of a message of confirmation of order.
Legal form: Limited liability company
Siren: 442699880 (Marseilles) Code APE 4771Z
Addresses: 3, Rue Haxo, 13001, Marseille, France
Intracommunity number of VAT: FR96442699880 Rate: 19,6%
Addresses email: firstname.lastname@example.org
This contract is a sale contract remotely electronic which has the aim of defining the rights and the obligations of the parts within the framework of the product sales suggested by metaboutique.com. In this direction, it is in conformity with the French regulation into force, namely:
- Law 2004-575 known as Law for confidence in the digital economy.
- Law 2008-3 of January 3rd, 2008 for the development of competition to the service of the consumers.
- Recommendation n°07-02 of the Commission of the abusive clauses, relating to the movable sale contracts concluded by Internet
It is also in conformity with the recommendations of OECD in the field of the e-business.
Protection of the minors
Our company particularly attaches importance to the protection of the minors within the framework of his marketing activity on line. Although the minors can only act whenever the law or the use authorizes them to only act (Article 389-3 C. civ.), and this in particular for purchases of low value, it appears essential to us to test by any means of checking that the customer has the capacity to contract.
For this purpose, it is possible that we ask any busy customer orders on our site to justify its capacity to be contracted, this in the respect of the obligations related to amended Law 78-17.
If a purchase would be carried out by a person not having legal capacity to contract, we advise with the legal representatives of this one to make rescind (to cancel) the sale under the terms of article 1305 of the Civil code.
The offered products by metaboutique.com are presented on the sites in French language. Very arising from the European Community and the country respecting the directive 95/46/CE cannot put forward its linguistic ignorance like clause of cancellation of the contract.
The offered products on sale direct by metaboutique.com are those which are reproduced on the www.metaboutique.com site, at the day of the consultation of the known as site by the Net surfer, and within the limit of stocks available.
The illustrations presented on the site are the reflection of the products on sale on this one, except in the restrictive cases inherent in the features of the Internet (resolution and colors of the screen of the Net surfer….).
Because of the specificity of Internet network, the company does not guarantee on its site the availability of all the products in real-time. In the case of temporary or final unavailability of the one of the products, the company will inform of it the Net surfers by the means of his site or the sending of an email at an address valid email provided by the customer. The company will then propose the replacement of the product ordered by an equivalent product (quality and price), or one to you to have, or to exert your right of resolution (cancellation of your order).
The prices of the products can be modified constantly by the company, it except for any sale of a product concluded for the price posted on www.metaboutique.com.
In the event of typographical error expresses, leading to the posting of a “cheap price”, the sale could be cancelled, as mentioned with the article “Execution of the order”.
The prices mentioned are in Euros (€), presented including all taxes and include/understand the expenses related to the treatment of the orders.
The tariffs of delivery are the responsibility of the customer, except contrary clauses stipulated during the process of order. The various options of delivery (accompanied by their tariffs), are presented during the process of order and are specified at the time of the summary of this one.
The payment of the totality of the price must be carried out at the latest with the delivery of the products, except contrary provision specified during the process of order and mentioned on the invoice.
On the assumption of a delivery of products out of the French territory, the customs taxes and formalities are the exclusive responsibility of the Customer, unless otherwise specified. The Customer then commits himself checking the possibilities of importation of the products ordered taking into consideration territory of the country of delivery.
Order and Payment
Purchase order signed of the Customer by “double click” constitutes an irrevocable acceptance which can be called into question only in the cases limitativement envisaged in this Right contract at the articles “of retractation” and “Execution of the order”. Any agreement of an estimate addressed by mel to the customer, and returned to metaboutique.com with an explicit agreement also constitutes an irrevocable acceptance.
The process of order is in conformity with the provisions of article 1369-5 of the Civil code.
- Any Net surfer wishing to validate his order will have to be identified by filling the adequate form provided on www.metaboutique.com. This identification is done in the strict respect of Law 78-17 amended as indicated in our heading “Data protection”.
- After having checked the contents of his order, as well as the total costs of this one (produced ordered, forwarding costs, possible eco-participation, options optional), and corrected possible errors, the Net surfer will confirm it definitively. This confirmation will have value of signature contract.
- Contractual information will be the subject of email of confirmation addressed to the customer at the latest at the end of the time of retractation and subject to the supply, by the customer of a valid address mel, being the subject of no restriction of use (addresses mel professional for example). In this case, the company could not be held responsible for the sending for contractual information and/or advertizing executives towards an address email with restricted access.
To regulate his order, the Customer lays out with his choice, of the whole of the methods of payment aimed to the processes of order and presented on the site of the company. He guarantees to the company that he has the authorizations possibly necessary to use the method of payment chosen by him, during the validation of the order.
In the case of a payment by CB, it will have to transmit its banking card number, according to the type of the latter, the scratch date of this one as well as the number cryptogram (number with 3 digits appearing in the back of the bank card).
metaboutique.com guarantees that the payment is made safe by encoding S.S.L. (Secure Socket To bush-hammer) so as to most effectively protect possible all the data related to the means of payment. The company guarantees that the means and services of cryptology used to make safe the transactions were the subject of an authorization or a declaration pursuant to the legislation in force.
In the event of payment by chart, the fraudulent relative tendencies with the use of the means of payment envisaged in the conventions concluded between the Customer and the transmitter from the chart and between the company and its banking institutions apply, in accordance with article 132-4 of the Monetary and Financial Code.
If the only method of payment is a payment by CB, the final validation of the order intervenes as of integral payment (except specific measures) of this one.
Receive and Pay:
How does it go?
This service of payment AFTER reception is entirely FREE for you!
With ReceiveAndPay, you pay only AFTER reception and checking of your order. You can choose to pay the totality of your purchase in once per bank card at this time, or to profit in addition to easy terms, suggested by our Sofinco partner.
Thanks to the exclusiveness in the payment AFTER reception and checking, you do not take any more any risk while buying and moreover, you have the choice to regulate in once by CB or several times.
From 300 €, you can choose to pay in 3 times without expenses. It is not a question of a split payment CB but of a reserve of credit of which the use in 3 times is systematically FREE, without expenses, nor interests. Example: For a use of your revolving credit of 900 €, refundable in 3 equal monthly payments without interests of 300 €, total costs of the credit: 0 €, fixed Rate annual Global manpower: 0%.
In all the cases of use of the ReceiveAndPay reserve, the 1st taking away will always intervene after the validation of the reception of your order, according to the formula which you will have chosen.
Reserve ReceiveAndPay, payment of them 5,10 or 20 months for 1€ maximum moreover per month and section of 200 €! From 150 €, you can pay into 5,10 or 20 months for 1 maximum Euro moreover per month and section of 200 €. Example: for a use of 199 € over 5 months, you regulate per month maximum 199 €/5 = 39,80 € + 1 € is only 40,80 € per month! Fixed annual TEG: 10,466%. Total costs of the credit: 5 € maximum.
Rate annual (TEG) Global manpower fixes of 0% for a payment in 3 times without expenses and, according to the amount of the maximum use and for 1 € by section of 200 €, from 10.411% to 17.60% for a payment in 5 months; from 11.312% to 17.60% for a payment in 10 months; from 11.688% to 17.60% for a payment in 20 months. Revisable annual TEG of 17.60% for a payment in “small monthly payments”. In the examples, the rates and amounts are expressed except voluntary insurance. Payment in 3 times: starting from 300 € and up to 4.000 € of credit. Payment in 5,10 or 20 months: starting from 150 € and up to 4000 € of credit. Payment in “small monthly payments”: starting from 620€ and until 4000€ of credit. The ReceiveAndPay reserve is an account of credit reconstituable and renewable annually with the revisable annual TEG of 17,60%, except voluntary insurance. Scales and conditions valid at the 1/1/2007, suitable for variations. Offer reserved to the private individuals.
Subject to final acceptance by Sofinco, S.A. with the capital of 180.383.385 €, 542.097.522 RCS Paris, head office: 128-130 Boulevard Raspail, 75006 Paris.
The company guarantees that the deliveries will be carried out according to the conditions guaranteed by the people receiving benefits conveying (except case of major force within the meaning of jurisprudence), and indicated on the www.metaboutique.com site, or during the process of order.
In the case of a delay of delivery, please inform the company while addressing to you to the customer service or by sending an email to the address email@example.com. If the delay exceeds 7 days the delivery date envisaged during the process of order, you can proceed to the resolution of this one, according to the methods indicated to Right article the “of resolution”.
As from the assumption of responsibility by La Poste, you are delivered to residence into 48 H (business days for sendings in Metropolitan France, Corsica and Monaco), subject to the limiting hours of deposit.
In the event of absence or of impossibility of handing-over of your parcel (not of guard,…), your factor parcel deposits a transit advice note mentioning the date and the address of the post office where you will be able to withdraw your parcel on presentation of an identity paper.
As from the date mentioned on the transit advice note, you have 15 days to withdraw your parcel. At the end of this period, this one will be automatically returned to its shipper.
You can consult all the conditions relating to the Colissimo service while clicking here.
As from the assumption of responsibility by Chronopost, you are delivered to residence the next morning before 13:00 some is your quality (Professionals or Private individuals) on the whole of the territory (For certain islands of the Littoral the time can be lengthened one day), subject to the limiting hours of deposit.
For the national sendings, the deadlines get along for an assumption of responsibility of the Monday to Saturday morning and for a delivery of the Monday to Friday, except bank holidays. According to the services, a delivery saturdays is possible on option.
You can consult all the conditions relating to the Chronopost service while clicking here.
Delivery incomplete or not-in conformity (because of the conveyer)
It may be that the parcel is damaged where that the contents of this one were partially or completely catch.
If you note such an error, want to mention it on the good of the conveyer and to refuse the product while returning it to us accompanied by a report 170 known as “report of spoliation”. If you would take note of this error after the departure of the conveyer, please announce us this one by email to the address firstname.lastname@example.org or telephone within a working maximum delay of 72h according to the reception of the order.
In accordance with article 133-3 of the Code of the Trade, please imperatively address your protest moved by LRAR to the conveyer, this within 3 day (not included/understood bank holidays).
Delivery incomplete or not-in conformity (because of company)
In spite of the care taken to the preparation of the orders, it may be that a product is missing in this one, or that an error occurred during the preparation.
If you note such an error, want to announce us this one as soon as possible and if possible in the working 72h according to the reception of the order. This description can be done by email with the address email@example.com or telephone.
If a parcel would be lost by one of our conveying people receiving benefits, please as soon as possible inform us.
The company will carry out an investigation near the services concerned.
Right of retractation
In accordance with the L121-16 article and 121-20 of the Code of Consumption, the customer has a seven (7) clear days deadline to exert his right of retractation. This time runs as from the reception of the order by the customer.
In order to facilitate the treatment of his return, the customer will be able to contact the company by email in order to obtain a number of return before reforwarding. This condition by no means involves the cancellation of the right of retractation.
We concede you a right to the reasonable test for any undergarment sold on our site. On the other hand, in order to observe minimal conditions of hygiene, we ask you to try on our underclothing over one of yours. One is reminded that to you your right of retractation will not be able to in no case to be exerted for the underclothing stained, dirtied or damaged.
The expenses of reforwarding will remain with the integral load of the customer. The products will have to be reforwarded complete, in a specific state to their recommercialisation. It is also recommended that the products are returned in their packing of origin, according to methods presenting of the guarantees of forwarding similar to those definite during the initial forwarding of the products.
One is reminded that to you this right of retractation cannot be exerted for the personalized products.
Right of resolution
In accordance with the article L. 121-20-3 of the code of consumption, we will indicate to you at the time of your order the maximum date of delivery of this one. In the case of a 7 business days going beyond of this delivery date (except case of major force within the meaning of the Law), you will have faculty to pronounce the resolution of your order per Registered letter with Acknowledgment of delivery within 60 day following the initial date of delivery. In this case, we will refund you totality of the versed sums (except possible expenses of return), and this within 30 maximum day following the reception of your LRAR.
Execution of the order
The company reserves the right to refuse the order for a “legitimate reason” (with the direction defined by jurisprudence), and in particular (without this list being restrictive) in the event of unavailability of the product, impossibility of carrying out the service, abusive request of the customer, presumption of impossibility for the customer of contracting or manifest intention for the customer of harming the company.
The company also reserves the right to refuse the order in the case of a manifest typographical error leading to the posting of a “cheap price”, and this at the time of the order placed by the customer. In the case of a difference in interpretation between “low price” and “cheap price”, concerning the price posted on the Web site at the time of the customer order, this one will be able to request the intervention of a third, as envisaged with the article “applicable Law”.
The order will be carried out at the latest within a time not exceeding 7 days the date envisaged of delivery of the product or service mentioned during the ordering subject to the acceptance of this one by the company.
For the times concerning the various types of services (personalization…), please contact us.
An invoice will be automatically addressed to the customer at the time of his order. This one will be sent to the address mel indicated by the customer at the time of his order, unless otherwise specified of its share.
The customer profits from a contractual guarantee on the products provided by the company. This guarantee is posted on www.metaboutique.com and its duration varies according to the category of the ordered products.
Additional services of guarantees can be to you proposed according to the ordered products. Their field of application and their tariffing will be specified to you during the process of order.
In accordance with the articles L 211-4 and following of the Code of consumption, like in articles 1641 and 1648 of the Civil code, the Net surfer also profits from a guarantee allowing him to return the defective delivered products
· Article L211-4 codes consumption
The salesman is held to deliver a good in conformity with the contract and answers of the defects of conformity existing during the delivery.
He also answers of the defects of conformity resulting from packing, the instructions of assembly or the installation when this one was put at its load by the contract or was carried out under its responsibility.
· Article L211-5 codes consumption
To be in conformity with the contract, the good must:
1º To be specific to the usually awaited use of a similar good and, if necessary:
- to correspond to the description given by the salesman and to have qualities that this one presented to the purchaser in the form of sample or of model;
- to have qualities until a purchaser can legitimately wait have regard to the public statements made by the salesman, the producer or his representative, in particular in publicity or labelling;
2º Or to show the characteristics defined by mutual agreement by the parts or to be specific to any special use sought by the purchaser, made available of the salesman and that this last accepted.
· Article L211-12 codes consumption
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
· Article 1641 civil code
The salesman is held of the guarantee at a rate of the hidden defects of the sold thing which make it unsuitable with use for which one intends it, or which decrease so much this use, which the purchaser would not have acquired it, or would have given only one less price of them, if he had known them.
· 1648 al article 1st civil code
The action resulting from the redhibitory defects must be brought by the purchaser within two year as from the discovery of the defect.
metaboutique.com is responsible for the good execution of the obligations resulting from the contract concluded remotely, that these obligations are to be carried out by itself or subcontractors, without damage from its right of recourse against those.
metaboutique.com could not be held for person in charge of the inexecution of the concluded contract, following the occurence of an event of major force (to the direction envisaged by the Law) and in particular in the event of all-out strike or partial of the postal services, of conveyers, and catastrophes caused by floods or fires. This limitation of responsibility also applies to the inexecution of the known as contract, of the fact, unforeseeable and insurmountable, of a foreign third to the supply of the services envisaged. With regard to the products bought to satisfy the professional needs, metaboutique.com will not incur any responsibility for all consequential damages because of the present ones, trading loss, loss of profit, damage or expenses, which could occur.
The choice and the purchase of a product or a service are placed under the single responsibility of the customer. Total or partial impossibility to use the products in particular due to incompatibility of the material can give place to no compensation, refunding or blamed of the responsibility for metaboutique.com, except in the case of a proven latent defect, of nonconformity, defect or exercise of the right of retractation.
It is possible that our site presents electric and/or electronic products. In accordance with the Decree of July 20th, 2005 relating to the composition of electrical equipment and electronic and the waste disposal resulting from this equipment, the company places at your disposal a system of specific collection based on the principle from the “1 per 1”.
1 You can lodge your electronic products and/or electric with an organization practitioner the selective collection: dechettery, Emmaüs association, association Envy…
2 the taken again request must be done at the time of your order. The exchange will take place during the delivery of your new apparatus.
Information which is requested from the Customer is necessary to the treatment of its order and could be communicated to the contractual partners of the company (accountants, lawyers….). They could be also transmitted to any competent authority for the payment of litigations between the company and one of its customers.
The customer can consult in our heading “data protection”, the characteristics of the data processing in personal matter used via the www.metaboutique.com site.
The customer can also exert his rights of access, of correction, opposition according to the methods mentioned in the headings “Data protection” and “legal mentions” of the company.
“Double-Click” and proof
The “double click” associated with the procedure with authentification and not-repudiation with the customer at the time of his order and with acceptance of these Contractual Conditions is worth validation of the order and contract signature, in accordance with the provisions of article 1369-5 of the Civil code.
The computerized registers, preserved on the waiters of the company like on the waiters of its banking institutions, will be regarded as presumptions réfragables (refutable) of the communications, orders and payments occurred between the parts.
To in no case, the company will not proceed to the recording of phone conversations between a member of the company and one of its customers or prospective customers. In the case of a subcontracting of their customer service, the company begins to prohibit with their partner in charge of the implementation of this service, of such recording, including within the framework of a “improvement of the service”.
Conservation and filing of the documents
The filing of the data of the transactions is carried out on a reliable and durable support, in accordance with article 1348 of the French Civil code.
It is thus carried out in conformity to bearing standard AFNOR Z 42-013 on the design and the operation of computing systems in order to ensure the conservation and the integrity of the recordings stored in these systems.
Entirety of the contract
The present general terms express the entirety of the obligations of the parts.
No general term or specific communicated by the Customer will be able to be integrated into the present general terms, except in the event of prior agreement between the parts former to the conclusion of the contract.
The fact for the company of not prevailing itself of a failure by the Customer, with any of the obligations aimed in the present ones, could not be interpreted for the future as a renunciation of the obligation in question.
The company reserves the possibility of constantly adapting or of modifying the present Contractual Conditions. In the event of modification, it will be applied to each order the Contractual Conditions into force at the day of the order. The company will also preserve on its waiters all the horodatées versions of the Contractual Conditions.
The products delivered to the customer remain property of the company as long as the contract was not carried out entirely. On the other hand, the transfer of risks takes effect as of the effective delivery of the products and/or services ordered on the electronic shop.
The documents provided to the customer are governed by the Code of the Intellectual property. They thus remain the property of the company. It is thus interdict to reproduce, yield, or to exploit the documents provided without the assent of the company.
This contract is subjected to the French law, in accordance with the European directives.
It is thus both for the rules of substance the rules of form. In the event of litigation, the companies will privilege the payment by amicable agreement.
This search for friendly solution by no means stops the deadlines to act as guarantee.
In the contrary case, and in accordance with the provisions of articles 46 to 48 of the NCPC, the French courts will be only qualified.