general conditions of sale
ARTICLE 1 - LEGAL INFORMATION
The website www.mynudesigner.com is published and operated by MY NU DESIGNER, SAS, whose head office is located at 8 rue Guynemer - 95320 Saint Leu La Forêt, France, registered with the Registre du Commerce et des Sociétés de Pontoise under number 948 819 438 00011VAT number FR19948819438.
CNIL declaration number: 1904597
Hosting: OVH Head Office: 2 rue Kellermann - 59100 Roubaix - France.
The customer can contact our Customer Service at contact@mynudesigner.com or by phone from Monday to Friday at 00(33)9 54 00 46 26 from 9am to 7pm.
ARTICLE 2 - PURPOSE
The present conditions govern the sales by the website www.mynudesigner.com. This online store offers the sale of fashion accessories and decoration of designers (Bags, clutches, jewelry and other accessories).
ARTICLE 3 - PRICES
The prices are indicated in euros, inclusive of all taxes, and are applicable only on the date of the order validation by the Customer.
Prices do not include delivery charges, gift wrapping charges, possible promotional offers and personal discounts, indicated before the final validation of the order.
The prices take into account the French V.A.T. applicable on the day of the order and any change in the legal rate of V.A.T. will be automatically reflected in the price of the products presented on the site, on the date stipulated by the decree of application. However, the prices cannot be modified once the Customer's order has been placed. Similarly, if one or more taxes or contributions, particularly environmental taxes, were to be created or modified, both upwards and downwards, this change could be passed on to the selling price of the items on the mynudesigner.com website.
Orders to countries outside the European Union are not subject to French VAT. The prices indicated on the site for these orders are exclusive of tax and therefore do not include VAT. However, these orders are subject to any taxes and customs duties of the destination country.
In case of an order to a country other than the European Union, you are the importer of the products concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the competence of the company MY NU DESIGNER. You will be responsible for the cost of these services, both in terms of declarations and payments to the relevant authorities and organizations in your country. We advise you to ask your local authorities about these aspects.
MY NU DESIGNER reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate in force at the time of the validation of the order and subject to availability.
ARTICLE 4 - ORDERS
You can place an order:
On the Internet: www.mynudesigner.com
By phone at 00(33)954004626 from Monday to Friday from 9am to 7pm.
MY NU DESIGNER reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
ARTICLE 5 - VALIDATION OF YOUR ORDER
Any order placed on the Internet site www.mynudesigner.com supposes the adhesion to the present General Conditions.
Any confirmation of order implies your full and complete adhesion to the present general conditions of sale, without exception or reserve.
All the data provided and the recorded confirmation will be worth proof of the transaction.
The confirmation of the order will be worth signature and acceptance of the operations carried out.
A summary of the information of your order and of the present General Conditions of Sale, will be communicated to you in PDF format via the e-mail address of confirmation of your order.
ARTICLE 6 - PAYMENT
The fact of validating your order implies for you the obligation to pay the price indicated.The payment of your purchases is made by credit card, by credit card through the secure system via Paypal, by Paypal or by bank transfer.The payment of the price is immediate.
ARTICLE 7 - WITHDRAWAL
In accordance with the provisions of Articles L. 221-18 and following of the Consumer Code, the Customer has a period of fourteen calendar days to exercise his right of withdrawal, without having to justify his reasons or pay any penalties, except for the cost of returning the goods, which remains his responsibility.
The withdrawal period begins upon receipt of the product by the Customer or a third party designated by him, other than the carrier.
The Customer must inform the Vendor of his decision to withdraw by sending an unambiguous statement by registered letter with acknowledgement of receipt to the following address MY NU DESIGNER 8 rue Guynemer 95320, Saint leu la forêt. FRANCE or by email contact@mynudesigner.com.
Exclusion of the right of withdrawal :
The right of withdrawal does not apply to personalized products, to products likely to deteriorate or expire quickly, to products unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection, as well as to service contracts fully executed before the end of the withdrawal period.
Product return procedure:
The Customer must return the product to the Seller without undue delay and, in any event, no later than fourteen calendar days after having communicated his decision to withdraw. Return shipping costs are the responsibility of the Customer, unless the Seller agrees to pay them.
The product must be returned in its original packaging, complete and in perfect condition for resale, accompanied by the purchase invoice and the withdrawal request.
The risks and costs of return are at your charge.
Product Refund :
Seller shall refund Customer for all amounts paid, including shipping costs, within fourteen calendar days of receipt of the returned product, or proof of shipment of such product, whichever is earlier.
The refund will be made by the same payment method used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another payment method.
Limiting clause:
The parties agree that the purpose of this clause is to define the modalities for exercising the right of withdrawal, and that this list is not limiting. The Customer must provide proof of the return of the product.Any complaint or return not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the customer.If the right of withdrawal is used for only part of the Order, only the price invoiced for the returned Products will be refunded.
In the event of a partial withdrawal from the Order, the Customer who, at the time of the initial Order, would have benefited from free delivery due to the fact that the order amount exceeded a certain amount, may be re-billed for the delivery costs corresponding to his or her actual order, if the latter fell below the free delivery threshold.
ARTICLE 8 - WARRANTY
In accordance with article 4 of the decree n°78-464 of March 24, 1978, the provisions of the present cannot deprive the Customer of the legal guarantee which obliges the professional salesman to guarantee him against all the consequences of the hidden defects of the sold thing.
Legal warranty of conformity: In accordance with the provisions of Articles L. 217-4 and following of the Consumer Code, the Seller guarantees the Customer against any defect in conformity existing at the time of delivery of the product, for a period of two years from the date of delivery.
Legal guarantee of hidden defects: In accordance with the provisions of Articles 1641 et seq. of the Civil Code, the Vendor guarantees the Customer against all hidden defects which render the product unfit for the use for which it was intended, or which so diminish this use that the Customer would not have acquired it, or would only have given a lesser price for it, if he had known about them.
Exclusion of warranty:
The warranty does not apply in case of misuse, negligence or lack of maintenance of the product by the Customer, or in case of force majeure. The warranty shall also not apply if the product has been modified or repaired by the Customer or a third party without the prior written consent of the Seller.
Terms of implementation of the warranty:
To benefit from the warranty, the Customer must inform the Seller in writing, indicating the nature of the defect or hidden fault found. The Customer must return the product to the Seller, accompanied by the purchase invoice and a detailed description of the defect or hidden fault. The Seller will then proceed to repair or replace the defective product, as soon as possible and at no cost to the Customer.
Limitation of Liability: Seller's liability is limited to the replacement or repair of the defective product. The Seller shall not be liable for any consequential damages suffered by the Customer, such as operating loss, commercial or financial loss, or loss of data.
Limiting clause:
The parties agree that the purpose of this clause is to define the terms and conditions for the implementation of the guarantee, and that this list is not limitative. The Customer must provide proof of the existence of the lack of conformity or hidden defect at the time of delivery of the product.
The Customer is expressly informed that the company MY NU DESIGNER is not the manufacturer of the products presented on the website mynudesigner.com, within the meaning of Law No. 98-389 of 19 May 1998 and relating to liability for defective products.
Consequently, in the event of damage caused to a person or property by a defective product, only the responsibility of the manufacturer of this one could be sought by the Customer, on the basis of the information appearing on the packing of the aforementioned product. In addition, the company reminds you that the products, services and information offered by My Nu Designer are in no way a substitute for the vigilance of adults at all times.
The responsibility of My Nu Designer can not be held liable for non-compliance with the laws of the country where the products are delivered. It is the customer's responsibility to check with local authorities about the possibility of importing or using the products or services you plan to order.
Complaint / Mediation
Any complaint must be formulated beforehand by e-mail via the "Customer Service" section of the Site or by telephone call to the Customer Service Department.
Contact address: contact@mynudesigner.com
Telephone: 09 54 00 46 26
ARTICLE 9 - FORCE MAJEURE
The Parties agree that all events beyond their control which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, such as in particular: war, riot, insurrection, strike, lockout, shortage, fire, storm, flood, earthquake, epidemic, pandemic, acts of civil and military authorities, acts of sabotage, accidents of electrical, computer or electronic origin, and any other event assimilated by the jurisprudence.
Suspension of obligations: In the event of a force majeure event, the performance of the obligations of the party prevented from performing shall be suspended for the duration of the force majeure event.
Notification of Force Majeure: The party invoking force majeure shall immediately notify the other party in writing, specifying the nature and extent of the force majeure event, as well as the date of its occurrence and the probable duration of its interruption.
Termination of the contract: If the force majeure event continues for a period exceeding [X] days, either party shall have the right to terminate the contract without compensation on either side, by registered letter with acknowledgment of receipt.Exemption from liability
The party prevented by an event of force majeure shall not be held liable for the non-performance of its obligations, to the extent that such event has prevented the performance of such obligations.
Limitation clause: The parties agree that the purpose of this clause is to define the cases of force majeure that concern them, and that this list is not limitative. The party invoking a case of force majeure must provide proof of the impossibility of performing its obligations due to this event.
ARTICLE 10 - AVAILABILITY
Our products are offered as long as they are visible on the site www.mynudesigner.com and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers.
If, exceptionally, the ordered article was not available any more after placing your order, we will inform you by e-mail. Your order will be cancelled and you will be refunded if a charge was made.
ARTICLE 11 - DELIVERY
We deliver in France and in the European Union. For deliveries outside the EU, please contact us by email contact@mynudesigner.com.
The products are delivered to the delivery address indicated during the ordering process.
The delivery times indicated on our website are average delivery times (working days) and depend on the supply and delivery possibilities of the designers (especially for non-stocked products).
Exceeding the delivery time cannot give rise to damages.
Delivery times
The products are delivered to the delivery address indicated by the Customer at the time of the order. The Seller undertakes to deliver the products within the time limits indicated on the site at the time of the order, except in cases of force majeure or exceptional circumstances. If the Seller cannot meet these deadlines, it will inform the Customer by any means and will propose a new delivery date.
Delivery costs
Delivery costs are indicated on the site at the time of the order and are charged to the Customer. The amount of the delivery costs depends on the weight, the size and the destination of the ordered products.
Terms of delivery
The Seller undertakes to deliver the ordered products as soon as possible to the delivery address indicated by the Customer when ordering. Seller may choose the carrier to make the delivery, unless otherwise specified by Customer.
In case of absence of the Customer at the time of delivery, the carrier will leave a notice of passage indicating the modalities of withdrawal or new delivery.
Verification upon receipt
The Customer must verify the condition and conformity of the products delivered upon receipt. In case of missing products, damaged products or non-conformity, the Customer must inform the Seller by any means within 48 hours of receipt.
ARTICLE 12 - NON-CONFORMITY OF THE ORDER
In case of anomaly concerning the delivery, that is to say in case of non-conforming articles in kind (example, error of reference of color), the customer must as soon as possible or even the same day of the delivery, send his complaints to MY NU DESIGNER by email, at the following address: contact@mynudesigner.com.
Any complaint formulated beyond the 3 days following the delivery could not be accepted.
The absence of complaints, the non-issuance of reservations on the part of the Customer means that the article delivered is deemed satisfactory and may not be the subject of any subsequent dispute.
ARTICLE 13 - RETURNS
In case of non-conformity of the order or exercise of the right of withdrawal, you can return the products after receipt by respecting the following modalities:
The products must be returned properly protected (if possible in their original packaging), in perfect condition for resale (not damaged or soiled by the customer), accompanied by any accessories.
The products must not have been used to an extent beyond that necessary to establish the nature, characteristics and proper functioning of the product. Thus, they must not bear the mark of prolonged use beyond the time necessary for their fitting, or their test. They must be in perfect condition for resale.
The return costs are at your expense in case of exercising the right of withdrawal.
In case of non conformity of the order, we take in charge the expenses of return.
The return of the non-conforming product or following the exercise of the right of withdrawal gives rise to a refund within 14 days at the latest from the date of receipt of the returned product.
To return an item, go to your account, click on the order concerned, then on the link "Return an item from this order".
The package should be sent to the following address:
MY NU DESIGNER
8 Guynemer Street
95320 SAINT LEU LA FORET, FRANCE
ARTICLE 14 - INTELLECTUAL PROPERTY
All the elements of the site www.mynudesigner.com are and remain the intellectual and exclusive property of MY NU DESIGNER. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, the elements of the site whether they are software, visual or sound. Any simple or hypertext link is strictly forbidden without a written agreement from MY NU DESIGNER.
ARTICLE 15 - APPLICABLE LAW IN CASE OF DISPUTE
The present general conditions of sale are subject to French law. In the event of a dispute, the buyer agrees to contact the Company as a matter of priority in order to attempt to resolve amicably any dispute that may arise between the parties. In the absence of conciliation, the French courts will have exclusive jurisdiction.
ARTICLE 16 - ARCHIVING - PROOF
MY NU DESIGNER will file the purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized records of the company MY NU DESIGNER will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
ARTICLE 17 - PROTECTION OF PERSONAL DATA
All information provided during your visits to mynudesigner.com is strictly confidential. MY NU DESIGNER informs its Customers that the processing of this nominative and/or personal information has been declared to the CNIL under the number 1309937 of July 31, 2008.
Visitors or Customers of the mynudesigner.com website have the right to access, modify, rectify and delete data concerning them at any time, in accordance with Article 34 of the French Data Protection Act of 6 January 1978.
My Nu Designer will not disclose to third parties the personal information you provide to us. These are confidential. It will only be used by its internal services to process your order and to reinforce and personalize the communication and product offer.
This section shall not prevent the assignment or transfer of business to a third party.
When a Customer registers or places an order, or in the context of other specific operations, MY NU DESIGNER offers Visitors or Customers the opportunity to receive its newsletters, promotional offers, and/or to register to be informed of its exclusive sales. The Visitor or Customer may at any time modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the newsletters received by e-mail.
MY NU DESIGNER uses data collection systems such as cookies. A cookie is a computer file stored on the hard drive of the user's computer. Cookies allow us to indicate a previous visit of the user on the site and to link the user to his personal data left on the site, within the framework in particular of the identification of the basket of order. You may give your consent or object to the use of cookies by making the appropriate settings on your connection device. Please refer to your browser's user guide.
For more information you can read our privacy policy.
ARTICLE 18 - MISCELLANEOUS
These terms and conditions are effective as of March 12, 2023.
MY NU DESIGNER reserves the right to modify certain elements of these Terms and Conditions during the year.
WITHDRAWAL FORM
In accordance with Article L121-17 of the Consumer Code, ("Hamon Law") of June 2014, the Customer can find below a standard withdrawal form for an order placed on the website www.mynudesigner.com, to be sent to MY NU DESIGNER by registered mail with acknowledgment of receipt. It is understood that the customer will bear the cost of returning the goods in case of withdrawal, that in the conditions of withdrawal stipulated in these general conditions of sale.
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To the attention of MY NU DESIGNER, 8 rue Guynemer 95320, SAINT LEU LA FORET
Last name, First name :
Customer's address :
Date of mail:
Subject: Withdrawal
Madam, Sir,
I wish to take advantage of my right of withdrawal provided for in Article 121-17 of the Consumer Code, concerning the contract relating to the order placed with your company on the website http://www.mynudesigner.com and relating to the following good:
Order date:
Invoice no. :
Date received:
Total amount:
Customer's signature :
Date:
Counting on you for your full cooperation,