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1. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which he, or a third party other than the carrier and designated by the Customer, takes physical possession of the last good.
1.2 Exercise of the right of withdrawal
To exercise the right of withdrawal, the Customer must notify the Seller of its decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail)
- By post to the following address: MIZENSIR, 91 Rue Ambroise Martin – 74120 Megève – France,
- By email to the following address: firstname.lastname@example.org.
The Customer can use the model withdrawal form but it is not mandatory.
1.3 Withdrawal form
(The Customer completes and returns this form only if he wishes to withdraw from the contract.)
- Attention MIZENSIR, 91 Rue Ambroise Martin - 74120 Megève - FRANCE, email@example.com,
- I / We (*) hereby notify you / notify (*) my / our (*) withdrawal from the contract relating to the sale of the goods (*) / for the service provision (*) below
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date (*)
Cross out what does not apply.
For the withdrawal period to be respected, it is sufficient for the Customer to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
MIZENSIR bears the direct cost of returning the goods.
1.4. Consequences of the right of withdrawal
The Customer must return or return the goods, to MIZENSIR, 91 Rue Ambroise Martin, 74120 Megève, France, without undue delay and, in any event, no later than fourteen days after he has communicated his decision to withdraw from this contract. This deadline is deemed to have been met if the Customer returns the goods before the expiry of the fourteen-day period. In the event of withdrawal from this contract, MIZENSIR shall reimburse the Customer for all payments received by him, including delivery costs (except for additional costs arising from the fact that he has chosen, the if applicable, a delivery method other than the less expensive standard delivery method offered by the Seller) without undue delay and, in any event, no later than fourteen days from the day on which MIZENSIR is informed of the decision to withdraw from this contract.
MIZENSIR proceeds to the refund using the same means of payment that the Customer used for the initial transaction, unless it expressly agrees on a different means; in any case, this refund will not incur any costs for the customer. MIZENSIR may defer reimbursement until it has received the goods or until the Customer has provided proof of shipment of the goods, the date chosen being that of the first of these facts .The Customer's liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property
1.5. Exception to the right of withdrawal
Exercising the right of withdrawal is excluded for the following contracts:
- contracts for the supply of goods made to the consumer's specifications or clearly personalized;
- contracts for the supply of goods likely to deteriorate or expire rapidly;
- contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- contracts for the supply of goods which, after being delivered, and by their nature, are inseparably mixed with other items;
- contracts for the supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
2.1 Legal warranties
2.1.1 Content of guarantees
All Products are guaranteed to be free from defects. If the Products turn out to have defects during the legal warranty period, MIZENSIR undertakes to reimburse the Customer for the sums paid for Products which are apparently defective, damaged or damaged or which do not correspond to the order in accordance with articles L.217- 4 to L.217-13 of the Consumer Code relating to lack of conformity, Articles 1641 to 1648 and 2232 of the Civil Code relating to hidden defects and 1245 and following of the Civil Code relating to liability for defective products.
- In the event of an action to guarantee conformity: the Customer has a period of two years from the delivery of the goods to act. He can choose between the repair or the replacement of the good, provided that this choice does not entail a manifestly disproportionate cost with regard to the other modality pursuant to article L. 217-9 of the consumer code. t1>
The Customer is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 (twenty-four) months following the delivery of the goods, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
- In the event of implementation of the guarantee against hidden defects: the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
The action in guarantee of latent defects must be brought by the purchaser within two years from the discovery of the defect (article 1648 paragraph 1 of the Civil Code).
2.2 Terms of implementation of guarantees
In the event of finding a defect as defined in the previous point, MIZENSIR according to the Customer's choice:
- Replace the Product(s), if MIZENSIR has the same goods at the same price or;
- Refund the price of the Products or give the Customer a voucher if the latter has paid the purchase order.
The above warranties do not apply to defects resulting from normal wear and tear, intentional damage, accident, negligence on the part of the Customer or on the part of a third party, use other than that prescribed, failure to follow the instructions of the manufacturer, supplier, MIZENSIR or any alteration or repair carried out without the prior written consent of MIZENSIR
2.3 Limitation of liability
When the responsibility of MIZENSIR is engaged following a fault on its part, the repair only applies to the only direct, personal and certain damages that the Customer has suffered to the express exclusion of the repair of any damage and/or indirect and immaterial damages, such as financial damages, damage to image, etc. The amount of damages that MIZENSIR may be required to pay to the Customer under the aforementioned conditions is in any case limited to the total amount of the order of the Products concerned.
In any case, MIZENSIR declines all responsibility for:
- Normal wear and tear of the Products;
- Use not in accordance with the use for which the Product is intended;
- Any deterioration or accident resulting from negligence, lack of supervision or maintenance not in accordance with the indications mentioned on the Product or on any other document,
- Any damage resulting from modifications, incorporation or mixing of the Product;
- Any damage resulting from a breach of the recommendations for use of the Products mentioned in the Product description, and/or specific regulations relating to the Products sold;
- Any malicious act by the Customer or third parties.
Appendix 1 – Provisions relating to legal warranties
Article L. 217-4 of the Consumer Code
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code
To comply with the contract, the good must:
- Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer under form of sample or model
- present the qualities that a buyer can legitimately expect given the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L. 217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect..