General Conditions of Sales

The section of the site devoted to e-commerce michel-klein.com is published by the company SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   SAS (hereinafter referred to as « Société d’exploitation Michel Klein   »), owner of the brand “Michel Klein.” SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   is a limited liability company with a capital of 66 433 Euros, whose registered office is at 6, place de l’Eglise saint augustin – 33000 Bordeaux, registered in the Paris Trade and Companies Register under number 510 287 550, VAT number FR 29 510 287 550

The section of the site devoted to e-commerce michel-klein.com enables to offer online sale of most of its products (hereinafter “Products”) to non-professional who are consumers, being older than 18 years and having full legal capacity (hereinafter “Customers”).

The same company Société d’exploitation Michel Klein   sells products appearing on this site.

These General Terms and Conditions (hereinafter GTC) govern the relationship between SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   and Customers wishing to purchase or browse the Site. Any order for a product offered on the Site implies full acceptance by the Customer of these GTC. In case of changes to these GTC, the applicable GTC are those in force on the date of the order.

 

 

ORDER

Any resale of products purchased on the Site is strictly prohibited. As such, each command is limited to a total of 30 (thirty) items maximum. All orders will be confirmed after payment is accepted. SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   undertakes to honour orders within the limit of available product stock and in case of unavailability to inform the Customer by any means; the Customer may then cancel the order and if applicable, get a refund of amounts already paid. SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order. Receipt of the order: At the end of the payment, a summary document of the order is sent by SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   to the Customer, by email to the email address indicated by him, immediately and at the latest before the delivery. This document has value of acknowledgment of receipt of the Customer’s order and includes all the elements of the contract between the parties. The order form is registered in SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN  ’s records; themselves preserved on a durable reliable back-up support, and will be deemed to be proof of the contractual relationship between the Parties. The Customer will be able to print the order form sent with the receipt of order. The order form will also be available on the Website in the section “My Account”. The Customer may at any time follow the evolution of the order on the website in the section “My Account” or contact Customer Service by email: admin@michel-klein.com for any other questions regarding the order.

 

DELIVERY

Orders will be delivered to the delivery address provided by the Customer on the order form, and at the Customer expense. We cannot be held responsible if that delivery address is incorrect. Please note that we do not deliver to Post Office Boxes. Delivery of products purchased from our online store may be subject to territorial restrictions. We will provide you the list of zones available on request.

Your order will be delivered within 7 working days except zone 5, 6, 7 and 8. The deadline is 15 working days for zones 5, 6, 7 and 8. To this end, please note that working day is a day on which French banks are open, except Saturdays and Sundays. If we are not able to deliver your order within the above time limit, your sole remedy against us is to cancel the order and get a full refund of the amount you have paid for the order.

Ownership of the Products will only pass to you when we deliver the product to the address you provided.

Once you have received the product, you bear all risks of damage or loss of product.

In case of apparent abnormality of the parcel (damaged, opened, liquid traces etc.), the Buyer or the recipient of the goods ordered must not open the package and is invited to bring it unopened within five working days in a post office and establish a “damage report”.

The opening of the damaged package excludes any claims against the carrier (La Poste, DHL, TNT,). It is also asked to report the problem to Société d’exploitation Michel Klein   by contacting customer service: admin@michel-klein.com.

In case of multiple orders, we reserve the right to deliver the Products separately (each instalment shall be deemed to constitute a separate contract) or supply only part of the order.

The online store ensure the order’s delivery on the following areas:

Zone 0 : France

Zone 1 : Allemagne, Belgique, Espagne, Italie, Luxembourg, Pays-Bas, Royaume-Uni

Zone 2 : Suède, Republic of Ireland, Portugal, Grèce, Finlande, Danemark, Autriche

Zone 3 : Bulgarie, Chypre, Croatie, Estonie, Hongrie, Slovaquie, Slovénie, Roumanie, République tchèque, Pologne, Malte, Lituanie, Lettonie,

Zone 4 : Suisse, Serbie, Norvège, Monténégro, Moldavie, Macédoine, Bosnie-Herzégovine, Andorre, Albanie

Zone 5 : Canada, Etats-Unis d’Amériques, Guadeloupe, Guyane, Martinique, Mayotte, Mexique, Réunion

Zone 6 : Égypte, Afrique du Sud, Bangladesh, Chine, Corée du Sud, Hong Kong, Inde, Indonésie, Japon, Malaisie, Maroc, Philippines, Singapour, Taïwan, Thaïlande, Tunisie, Viet Nam

Zone 7 : Émirats arabes unis, Brésil, Russie, Ukraine

Zone 8 : Tous les autres pays

Countries not covered by our delivery services are : Irak, Somalie, Liberia, Corée du Nord, Iran, Libye, Birmanie, Azerbaïdjan, Somalie, Guinée, Érythrée, Syrie.

Shipping cost are calculated by destination and number of articles. These shipping cost are displaid in the total box summarizing cart total. Our platform is built in a way that no transaction can be processed without displaying the shipping fees calculated by the client country and the number of items in the cart.

The details of the whole shipping fees by countries and by articles can be sent upon request on admin@michel-klein.com.

CUSTOMS FEES, IMPORT TAXES

If you are ordering goods for delivery outside the European Union, please note that our goods may be subject to import duties and taxes. Any charges in relation with customs clearance must be borne by the customer. Société d’exploitation Michel Klein   SAScannot responsible for customs clearance.

If you decide to refuse any shipments from www.michel-klein.com, you are responsible for the original shipping charges to you, any duties, taxes and/or customs charges that are incurred on the package (on both the original and return shipments), and the cost of returning the package to www.michel-klein.com.
This amount will be subtracted from your merchandise refund.

Your order may be subject to import duties and taxes, which are levied once a shipment reaches your country. You will be responsible for paying additional charges for customs clearance; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; please contact your local customs office for further information. Additionally, when ordering from www.michel-klein.com, you are the importer and must comply with all laws and regulations of the destination country.

Customers from countries outside the European Union shall be responsible for payment of duties of Customs for the entry of goods in their territory. It is understood that these customers pay for products without VAT (the tax amount is not reflected in the prices of the online store). As soon as the client registers its country in its profile, prices will be be displaid without VAT in the Cart section if its country is outside European Union.

 

PRICES

The prices are expressed in Euros and include all taxes, excluding shipping costs, which are payable by the Customer. Any change to the rate of VAT will be reflected in the prices of items, once it enters into force.

 

TERMS OF PAYMENT

Full payment must be made when ordering. The sums paid can never be considered to be deposits or part payments. Customers may pay for their orders by PayPal or credit card (Visa, Eurocard / Mastercard) in accordance with the provisions of this article. For any transaction, customers will provide their card number and expiration date, as well as the three last digits of the number shown on the back of their bank card. To this effect, the Customer expressively authorized SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   to debit its account accordingly to the amount of the ordered products. No sending against refund will be accepted for whatever reason. Société d’exploitation Michel Klein   remains owner of the item until full payment by the Customer. Purchases are made securely. Payment solutions adopted by SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   are 100% secure. For payments by credit card (credit card, visa credit card and e-card), Bank CM-CIC is responsible for securing payments. All information communicated by the Customer to SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   is strictly protected and ensures compliance and security of each transaction. In addition, to prevent fraud, SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   has implemented a system that uses exclusion lists that may lead to:

(I) Request some documents once the payment is done and in case of automatic alarm triggered by information about the command. (II) Block any command from a Customer account that was previously behind a fraud.

 

INTELLECTUAL PROPERTY RIGHTS

All texts, comments, photos, trademarks, graphics, design, illustrations and images from the Site are the exclusive property of SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   and are protected by intellectual property rights in France and worldwide. Any total or partial reproduction of the Site is strictly prohibited.

 

MONEY BACK

The essential characteristics of the articles are presented on michel-klein.com on each sheet items. The Customer is fully aware that images, photographs and colours of items sold, may not match the actual colours due to the Internet browser screen used. The Customer, if not satisfied, has a period of fifteen days from the date of shipment to return it and get a refund of sums already paid. This period includes the withdrawal period of seven days provided by Articles L121-20 of the French Commercial Code.

 

 

The item must be returned in the same condition in which it was delivered, in its original packaging; and along with a return form to edit in the section “My Account” accessible on the Site; to the address indicated on this return form. In the absence of return form, SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   will not process your refund request on the returned items. The items returned incomplete, damaged, spoiled or dirty by the customer will not be taken back. The returned item will be refunded to the Customer within a maximum of thirty days from its receipt by SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN  . It is the responsibility of the Customer to retain any proof of return, namely a return by registered mail or by any other means giving a certain date for sending. Refunds will be made by a credit of the amount due on the Customer’s bank account debited during the transaction (excluding postage). The legal right of retraction and guarantee “satisfied or reimbursed” does not apply to items made according to specific requirements of the Customer or clearly personalized items. Items are returned at the risk and the responsibility of the Client. To proceed the return, you must notify us by email at the following address: admin@michel-klein.com. In any event, any item purchased on the Site will not be exchanged or returned to stores or corners.

To process the return, it is necessary to place the item in its original packaging with all accessories and manuals that accompany it, ensuring to properly protect and return it, together with the packing slip, to the following address:

Société d’exploitation Michel Klein   SARL

6, rue Jocob

33000 BORDEAUX

France

 

DEFECT OF PRODUCT

SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   is responsible for the lack of conformity of product ordered and hidden defects under the conditions provided by Articles 1641 and 1649 of the French Civil Code. Pursuant to Ordinance No. 2005-136 of 17 February 2005, the articles of the French Civil Code and the aforementioned articles of the French Commercial Code relating to the guarantee of consumer goods are contained in these Terms and Conditions.

 

 

PERSONAL DATA

The personal data collected on the Site michel-klein.com are required to process the order and more generally to the management of business relationships with SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   and its customers and are destined to SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   and its external partners. To purchase on the Site, the Customer must create an account; choose an email address and a password that will be requested every time he wish to access. Customer’s personal information is protected by a password, only accessible by the Customer. SOCIÉTÉ D’EXPLOITATION MICHEL KLEIN   asks the Customer not to share his registration information. The Customer must also disconnect from the profile and close the browser window at the end of each work session, particularly in the context of the use by the Customer of a public computer. It will prevent users from accessing personal information. The Customer is solely responsible for the confidentiality of his password. The Customer shall bear solely the consequences of any unauthorized use of his password. Pursuant to the law of 6 January 1978, the Customer has a right to access, correct and remove data relating to him, which may be exercised by submitting a written request to the Customer Relations Department. The customer himself may also modify personal information via the “My Account” area, which is reserved for him.

 

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are subject to French law. In case of dispute exclusive jurisdiction is given to the competent French courts, notwithstanding plurality of defendants and / or collateral even for emergency procedures or protective procedures in chambers or by request.

 

REPRODUCTION OF ARTICLES L211-4 L211-5 AND L211-12 OF THE FRENCH CONSUMPTION CODE

Article L211-4

The seller must deliver items in conformity with the contract and liable for defects of conformity existing at delivery. It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or carried out under its responsibility.

 

Article L211-5

To conform to the contract, the product must:

1.Be suitable for the purpose usually associated with such a product and, if applicable:
Correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
Have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2.Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

 

Article L211-12

The prescription of an action resulting from lack of conformity occurs two (2) years after delivery of the product.

 

REPRODUCTION OF ARTICLE 1614 AND 1648 OF THE FRENCH CIVIL CODE

Article 1641

The seller is liable for concealed defects that prevent the sold product from being suitable to its intended use, or that reduces this use to the point the buyer would not have acquired it, or would have demanded a lower price had he known about them.

 

Article 1648

The buyer must initiate the action resulting from fundamental defaults within a period of two years after the default has been disclosed.