Legal notice and GCU

Article 1 - Legal notices

In accordance with the provisions of article 6 III-1 of law n°2004-575 of June 21, 2004 on confidence in the digital economy, we inform you that this site http://musk-paris.com is the exclusive property of MUSK Paris.

MUSK Paris is a Simplified Joint Stock Company, €2,000, under number SIREN 914 778 733 at the Paris RCS.

Company details:

Head office: 18 rue des Ecouffes, 75004 Paris

Telephone: 07 68 32 87 24

Customer Service: hello@musk-paris.com

The site is hosted by Shopify Inc whose head office is located at 126 York St. Ottawa, ON K1N 5T5, Canada. Phone number: 1-888-746-7439.

Any use of the Website automatically implies the unconditional acceptance of all of these General Conditions. The acceptance by the User of these General Conditions is materialized by the fact for the User to tick the box adjoining the mention "I have read the General Conditions of Use" during the visit to the Website. This approach is equivalent for the User to acknowledge that he has fully understood and that he approves, without exception or reservation, all of the General Conditions indicated below.

MUSK Paris reserves the right to adapt or modify these GCUs at any time. The version of the general conditions of sale applicable to any transaction is the one appearing online on the Site at the time of the order. It is agreed that in the event of modification, the version of the GCU applicable to any pre-order is that appearing online on the Site on the day the order is placed.

 

Article 2 - Purpose

The purpose of these GCUs is to define the conditions under which the Products are marketed by MUSK Paris to the Customer. They thus regulate the various stages of realization of the sale since the placing of the order by the Customer.

 

Article 3 - Products

The Products offered for sale by the company MUSK Paris are those appearing on the Site on the day of its consultation by the Customer. Each Product is the subject of a descriptive sheet which, in addition to the photograph, will contain: the price, the sizes and colors available, the composition as well as the particular characteristics.

The pre-order offers presented by MUSK Paris are only valid within the time limit indicated and only on condition that the announced minimum number of products ordered has been reached.

Minimal differences between a Product and its photograph may exist, depending in particular on the resolution and color definition of the user screen. Consequently, the photos representing the Products have only an indicative value. These photos, like the texts illustrating the Products, do not enter into the contractual field.

 

Article 4 - Financial conditions

Article 4.1 - Price

The prices are indicated on the Site are expressed in euros, value added tax (VAT) included (TTC). Payment of the full price must be made when pre-ordering.

VAT is applied at the rate in force in mainland France at the time of the order. For deliveries outside the European Union and in the DROM-COM, the order will be established excluding taxes (HT).

The prices are exclusive of customs fees and other import taxes or applicable local taxes, which are the sole responsibility of the Customer, who must pay them directly to the carrier.

From January 1 , 2021 for a parcel with a value over £135 intended for export to the UK, the recipient will be responsible for paying any customs duties or taxes.

The prices displayed are exclusive of delivery costs, which are added when the order is placed.

MUSK Paris reserves the right to change the price of a product from one pre-order period to another without this change affecting a pre-order or an order already placed.

MUSK Paris reserves the right to suspend or cancel any order or pre-order in the event that your credit card payment authorization is refused or in the event of payment default.

MUSK Paris also reserves the right to refuse or cancel an order or pre-order from a Customer with whom a payment dispute is in progress or has taken place on the occasion of a previous order or pre-order or in the event of objective suspicion of fraud.

Article 4.2 - Terms of payment

The purchase of Products on the Website is made by credit card or bank card (Visa, Mastercard, Apple Pay and American Express). The Website is equipped with an online payment security system allowing the Customer to encrypt the transmission of his bank details. Thus, all online payments by bank or credit card are made via the "Stripe" security system. The Member can also pay through a PayPal account insofar as the Website has a PayPal account.  

MUSK Paris reserves the right to suspend or cancel any execution of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the Customer to MUSK Paris , in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website or the payment of an Order. 

The Customer guarantees to MUSK Paris that he has the necessary authorizations to use the payment method he has chosen from among those available when placing his Order. 

 

Article 5 - Pre-order and order

Article 5.1 - Pre-order

The placing of a pre-order is subject to compliance with the procedure set up by MUSK Paris , which includes successive stages leading to its validation (selection of articles, visualization of your basket, choice and delivery methods, validation and confirmation of your order, payment).

Before proceeding with this validation, you must read and accept these GCS without reservation by checking the box " I have read and I accept the General Conditions of Sale of MUSK Paris and I undertake to pay my order ".

In accordance with article L.221-13 of the Consumer Code, you will then receive electronically, which you accept, a summary confirmation of your pre-order.

Invoices are available on your customer account and are, in any case, given upon delivery.

If the minimum objective of the pre-order campaign is not reached at the time of its closure, MUSK Paris will cancel your pre-order and refund the full amount, including costs, within a maximum period of 14 working days.

MUSK Paris reserves the right not to validate the order in the event of: abnormal or abusive complaints, abnormal orders with regard to the quantities ordered, abnormal or abusive exchanges and returns and existing dispute with the customer.

Article 5.2 - Ordering products in stock

Placing an order for products in stock is subject to compliance with the procedure set up by MUSK Paris , which includes successive stages leading to its validation (selection of items, viewing of your basket, choice and delivery methods, validation and confirmation of your order, payment).

Before proceeding with this validation, you must read and accept these GCS without reservation by checking the box "I have read and I accept the General Conditions of Sale of MUSK Paris and I undertake to pay my order".

In accordance with article L.221-13 of the Consumer Code, you will then receive electronically, which you accept, a summary confirmation of your order.

Invoices are available on your customer account and are, in any case, delivered with the summary confirmation of your order.

MUSK Paris reserves the right not to validate the order in the event of: abnormal or abusive complaints, abnormal orders with regard to the quantities ordered, abnormal or abusive exchanges and returns and existing dispute with the customer.

 

Article 6 - Deliveries

Article 6.1 - Place of delivery

Delivery is made to the delivery address indicated by the Customer.

For security reasons, MUSK Paris reserves the right to send the first orders to the verified billing address of the credit card holder or to the address of his place of work.

When registering the Customer's personal details, the latter must ensure the accuracy and completeness of the mandatory data that he provides. In the event of an error in the wording of the recipient's contact details, MUSK Paris cannot be held responsible for delays in receiving orders or for the impossibility of delivering the Product(s).

Article 6.2 - Delivery times

The Customer acknowledges that, in the event of a pre-order, the delivery time will be extended. The estimated delivery time appears on the Product sheet at the time of purchase, and in the order confirmation email. The delivery time depends on the time required and the volume of production of all the pre-ordered Products.

The customer will be regularly informed of the stages of manufacture and the progress of his order. In any event, the maximum delivery time for pre-order products will be 4 months from the closing of the pre-order campaign.

In the event of an order for products in stock, they will be delivered within three weeks of placing the order on our Site. In the event of a delay in delivery in relation to the maximum deadlines announced when placing the order, MUSK Paris will inform the Customer, who will then have the possibility of canceling his order and being reimbursed.

MUSK Paris cannot be held responsible for the consequences due to a delay in delivery not being its fault or due to an act of force majeure.

Article 6.3 - Lost package

In the event that the package is indicated as delivered but not received by the customer, MUSK Paris will ask the customer to sign a sworn statement.

Article 6.4 - Receipt of products and transfer of risks

Pursuant to Articles L.216-3 et seq. of the Consumer Code, any risk of loss or damage to the goods is transferred to the Customer when the latter, or a third party designated by him, and other than the proposed carrier. by MUSK Paris, takes physical possession of these goods.

Delivery is deemed to have been made upon delivery of the product to the Customer by the carrier, materialized by the control system used by the latter.

Upon receipt of the products upon delivery, the Customer is invited to check the apparent condition of the packaging and the product and to report any damage to the carrier on the delivery note and to MUSK Paris as soon as possible. time limit.

As an exception, the risk is transferred to the Customer when the product is handed over to the carrier when he entrusts the delivery of the goods to a carrier other than that offered by MUSK Paris.

 

Article 7 - Returns, exchange and refund

The Customer may return any item to us within 14 days from the date of receipt of our parts for reimbursement or to make an exchange.

1. Here is our portal for returns.
2. Return your order within 7 days after the demand.
   
3. When parcel received and verified under conditions, you will be refunded under 14 days.

The product must be returned in its original packaging or any other packaging that does not compromise the integrity of the product, in its original condition, new, unworn, unwashed and the security label must remain attached.

Any accessories supplied by MUSK Paris with the product subject to your withdrawal must also be returned.

In the event of a return, we will refund your order, with the exception of the initial delivery costs, within 14 days of receipt of the product being returned.

In case of exchange, it will be possible within the limit of available stocks. The exchanged product will then be sent to you within 15 days. In the absence of available stocks, we will refund your order, with the exception of the initial delivery costs, within 14 days of receipt of the product subject to the exchange.

Returns and exchanges are the responsibility of the Customer (only the direct cost of dispatch) except in the event of a product not conforming to your order, in which case the handling will be at our expense.

 Articles sold during private sales are only eligible to exchanges and credits. Refund is not available of these items.

 

Article 8 - Right of withdrawal

Pursuant to Article L.221-18 of the Consumer Code, you have a period of fourteen (14) days from the day after receipt of your document to exercise your right of withdrawal, without having to justify or justify your decision.

You must then expressly inform MUSK Paris of your decision to withdraw before the expiry of this period in order to benefit from the guarantees specific to the exercise of this right by email to the address hello@musk-paris.com .

MUSK Paris will then send you an acknowledgment of receipt of your withdrawal without delay electronically to the email address provided at the time of your order.

You must return your product no later than 14 days following the sending of your withdrawal using the return slip provided by MUSK Paris in response to the exercise of your right of withdrawal, whatever the medium, at the following address:

The return (direct costs of return only) is at the expense of the Customer.

The product must be returned in its original packaging or any other packaging that does not compromise the integrity of the product, in its original condition, new, unworn, unwashed.

Any accessories supplied by MUSK Paris with the product subject to your withdrawal must also be returned.

Pursuant to Article L.221-24 of the Consumer Code, MUSK Paris will refund the full amount of your order, including the initial delivery costs, on the day the order to which your withdrawal relates has been received. by us, using the same means of payment to make this refund as that used for payment of the order.

At the end of the withdrawal period, the sale is firm and final.

 

Article 9 - Limitation of liability

Placing an order on the Site implies knowledge and acceptance of the procedures in force on the Internet network, in particular with regard to technical performance, response times, connection times, queries or information transfers, the risks of cut, the risks of contamination by viruses circulating on the network and in general all the risks related to the use of the Internet network. MUSK Paris cannot be held responsible for any direct or indirect damage resulting from misuse or incident related to the use of the computer, access to the Internet, maintenance or malfunction of the servers, the telephone line or any other technical connection, the Customer's connection to the Site being made under his full responsibility.

Article 10 - Force majeure

MUSK Paris will not be liable for the total or partial non-execution of its obligations under the order placed by the Customer, if this non-execution is caused by an event constituting a case of force majeure as defined by the positive law.

In such a case, Customer Service will inform the Customer of the occurrence of such an event within 3 clear days of its occurrence, by email. After a period of one month and in the event that the event constituting a case of force majeure persists, the order will be canceled and will be reimbursed by MUSK Paris on the bank card used for the placing the order within a maximum period of 30 days.

 

Article 11 - Intellectual property

MUSK Paris is a trademark registered with the INPI. All elements of the site as well as all models, products, drawings, photographs, objects and images offered by the site are protected and remain the exclusive intellectual property of MUSK Paris.

All intellectual property rights and other rights relating to the Website, including copyrights, trademarks, designs and models, database rights, as well as any other intellectual property rights or otherwise, are and remain the exclusive property of MUSK Paris and, for licensed technologies, their authors and/or owners. 

In accordance with and within the limits of the provisions of article L.342-1 of the Intellectual Property Code, MUSK Paris prohibits the extraction or reuse of all or part of the content of its Website. 

The Customer acknowledges the existence of these property and intellectual property rights, and will not take any action aimed at infringing, limiting or restricting in any way the property or the rights of MUSK Paris. with respect to the Website. 

If the Customer wishes to use in another context, and/or distribute data, information and/or content of the Website or the Products offered, he must first make a written request to the address of the registered office of MUSK Paris.

The Customer agrees not to use the Website for commercial purposes, not to rent, lend, sell, publish, license or sublicense, distribute, assign or transfer in any way all or part of the Website to any third party without the express, written and prior authorization of MUSK Paris who can make it conditional on financial consideration. 

 

Article 12 - Severability of provisions

If one of the provisions of these T&Cs is considered invalid or unenforceable, this shall in no way affect the validity of the other provisions of these T&Cs. These invalid provisions must be replaced by others in order to guarantee the commercial intentions of these T&Cs.

 

Article 13 - Applicable law

If one of the terms of these T&Cs is found to be null, illegal or unenforceable by a court decision, the other provisions of the T&Cs will remain in force. The T&Cs are executed in accordance with French law. In the event of disputes, the Customer will first contact MUSK Paris to obtain an amicable solution and in the absence of an agreement, the ordinary courts will have sole jurisdiction.