General Sales Conditions:
These general sales conditions (hereinafter referred to as the "General Sales Conditions") apply to any contract concluded with MIIZA, a simplified joint-stock company with a capital of 1,000 euros, registered with the Lyon Trade and Companies Register under number 834 043 754, whose registered office is located at 132 Bossuet, 69006 Lyon (hereinafter referred to as "MIIZA"), concerning any order for products of the MIIZA© brand and gift cards of the MIIZA© brand for the acquisition of MIIZA© brand products (hereinafter referred to as the "products") placed on the website www.miiza.fr (hereinafter referred to as the "site") or by phone, by a natural person acting as a consumer or non-professional, as defined in the introductory article of the Consumer Code, for their personal needs, and not intended for resale, professional use, or any promotional or commercial purpose (hereinafter referred to as "the customer").
These general sales conditions, written in French, may be modified at any time by MIIZA.
The confirmation of the order by the customer implies full and unconditional acceptance of these general sales conditions by the customer, to the exclusion of any other document.
The general conditions in effect at the time of confirmation prevail over all previous versions as well as those in effect in MIIZA stores.
Persons acting as professionals are required to place orders by email: plusconsulting@outlook.fr or by contacting MIIZA's professional customer service at: 06.60.35.24.59 or 07.49.62.74.86.
PRODUCTS / PRICES
1.1 Product Offer
The products offered for sale are those available at the time of confirmation and payment of the order by the customer.
MIIZA reserves the right to modify its offer at any time, including by adding, modifying, or removing products.
The products are presented as accurately as possible. A perfect representation of the products on the site cannot be guaranteed, particularly due to differences in color or material rendering by internet browsers and/or display monitors.
The delivered product may differ from that presented on the site without giving the customer the right to cancel the sale if the product concerned is a manufactured product. artisan or semi-artisan products, which do not allow for perfect production uniformity, or if the product has undergone adjustments related to technical or technological developments between the date of the order and the date of delivery, provided that in these two cases, the difference does not affect the essential characteristics of the products, does not impact their quality, and does not result in a price increase.
1.2 Product Prices
The prices of the products are indicated in Euros and are inclusive of all taxes.
Delivery costs are not included in the indicated price, unless otherwise stated.
MIIZA reserves the right to change the price of the products at its discretion.
The applicable pricing conditions will be those in effect at the date of the order validation by the customer.
ORDERS
2.1 Placing an Order
The customer has the option to place an order with MIIZA:
By phone with the remote sales & advisory team at: 06.60.35.24.59 or 07.49.62.74.86.
Orders made via the telephone service will be directly processed by a customer advisor.
Following the call, a confirmation of the order will be sent to the customer by email.
Online on the Site.
Placing orders on the site is conditional upon the customer creating a personal account (hereinafter referred to as the "account") during which the customer must provide personal information, such as their first name, last name, and email address. The customer must ensure the validity of the provided email address and check their email filtering rules to prevent MIIZA's emails from being classified as SPAM.
All information provided by the customer to MIIZA must be accurate, complete, and up to date. The customer must update their information whenever their situation changes by accessing their account or contacting customer service. The management of the account and personal information is done on the Site.
The customer agrees to read and accept MIIZA's privacy policy, available on the site regarding the processing of personal data: privacy policy. The contractual information related to the orders is in French and is archived by MIIZA for a period of ten (10) years.
When creating their account, the customer chooses a password that will serve to identify them and allow for quicker login during future visits to the site.
The customer agrees to choose a personal and confidential password.
To ensure the security of their account, the customer commits to:
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Not disclosing their password to third parties;
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Taking necessary precautions to prevent third parties from accessing it;
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Taking measures to prevent a third party from accessing the account, even without the customer's knowledge;
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Not allowing a third party to access their account (lending, sharing, exchanging, gifting, buying, transferring, and selling accounts are prohibited and will not be recognized by MIIZA);
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Not using a third party's account;
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Using a personal email address and not sharing this email address;
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Allowing MIIZA to contact the customer via their email address.
The customer is responsible for maintaining the confidentiality of their password as well as its use. The customer is solely responsible for the use of their account. Any connection or data transmission made using their password will be deemed to have been made by the customer and under their responsibility.
To preserve the personal and confidential nature of their access, it is recommended that the customer log out of their account at the end of each session.
In case of fraudulent use of their account and/or password, or in the event of loss or theft of their password, the customer must immediately inform MIIZA.
If the customer forgets their password, they can report it by clicking on the "forgot password" section. They will then receive an email at the address provided in their account indicating a new password.
The security of the account is the sole responsibility of the customer, and MIIZA cannot be held liable for any damages that may occur to the account or the customer's computer as a result of the loss or sharing of the account's identifiers and passwords.
The customer is responsible and presumed to be the author of purchases made on or through their account.
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Orders sent to MIIZA by fax will not be considered.
2.2 Order Validation
The choice and purchase of a product are the sole responsibility of the customer, particularly concerning the relevance of the purchase to their needs. The customer must add the selected products to their cart. The customer has the option to review the details of their order, the total price, and can make modifications before final validation. It is therefore the customer's responsibility to verify the accuracy of the order.
The order is binding for the customer upon its final validation, as indicated by clicking the "payment" button, without prejudice to the right of withdrawal available to consumer customers under Article L.221-1 of the Consumer Code, in the conditions provided in Article 6 of the general sales conditions, except for custom-made products made according to the specifications of the consumer customer or significantly personalized following a request from the consumer customer.
MIIZA reserves the right to refuse an order for any legitimate reason, particularly if there is an unresolved dispute arising from non-payment of a previous order.
MIIZA will send an email confirmation of the order, including the essential elements (order number, products ordered, delivery location, etc.), as soon as possible.
The customer agrees that the order confirmation shall be considered proof of the contractual relationship established with MIIZA.
In the event of unavailability of one or more ordered product(s), MIIZA commits to informing the customer by email as soon as possible. The order may then be canceled. A new delivery date may also be proposed to the customer, subject to the future availability of the product.
PAYMENT
3.1 Payment
Payment is made in euros exclusively, in full at the time of the order by credit card. Orders are only considered valid after payment has been confirmed; therefore, no discounts or late penalties are applicable. Payments cannot be suspended or offset without prior written agreement from MIIZA.
3.1.1 Payment by Credit Card
The following credit cards are accepted: Carte Bleue, Visa, and Mastercard.
As part of its efforts to combat online fraud, MIIZA may need to verify the bank details and/or identity of customers before any delivery. By placing an order on the site, the customer agrees to provide MIIZA with the identification documents that may be requested. If the requested documents are not provided within the specified time frame, MIIZA reserves the right to cancel the order subject to verification.
3.1.2 Payment by Bank Transfer
Any payment by bank transfer must be made in full at the time of the order. MIIZA's bank account details will be provided to the customer on the order confirmation page as well as by email.
If the bank transfer is not received within three (3) working days from the confirmation of the order by the customer, the order will be considered canceled.
3.2 Invoicing
The invoice sent to the customer will include the details provided by the customer in their account. The information provided cannot be modified after the invoice has been issued.
DELIVERY
4.1 Delivery Costs and Methods
Delivery can be made to the customer's home in FRANCE and ABROAD. The type of transport, the time frame, and associated costs will be specified at the time of the order, depending on the delivery location, the nature of the products ordered, and the nature of the service chosen by the customer. Any order that includes a custom-made product cannot be split and will necessarily be delivered in its entirety by carrier to the delivery address specified by the customer. The delivery of bulky items or furniture is carried out by a carrier specialized in furniture delivery.
The delivery date and time slot are determined jointly between the customer and the carrier.
The products delivered to the home are sent to the delivery address provided by the customer when placing the order. Unless the customer specifies a different delivery address, the delivery address for the products will be the postal address indicated by the customer in their account.
The carrier and the delivery conditions vary according to the volume of the order. It is the customer's responsibility to verify the delivery methods when validating the order.
If applicable, the customer will handle the assembly of any disassembled furniture delivered, as any assembly service will be subject to a specific quotation.
4.2 Customs Fees and Taxes Outside Metropolitan France
MIIZA ships its items outside of metropolitan France; however, it is important to note that any customs fees and other local taxes applicable in the destination country are not included in the product price or shipping costs. These fees are the sole responsibility of the customer. By accepting these General Sales Conditions, the customer acknowledges their responsibility to verify and settle any applicable customs fees and taxes upon receipt of their order. In accordance with Article L221-15 of the Consumer Code, MIIZA disclaims any responsibility for these additional costs.
RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMERS
In the event of a defect, MIIZA will proceed with a refund by bank transfer. This refund will incur no charges for the consumer customer. The consumer customer must return the product to MIIZA no later than fourteen (14) days after notifying MIIZA of the defect. The consumer customer will bear the return shipping costs to the address specified in the "returns" category.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for custom-made products, made according to the specifications of the consumer customer, or significantly personalized following a request from the consumer customer.
PRODUCT WARRANTIES
5.1 Legal Warranties for Conformity and Hidden Defects
In the case of delivery in France, MIIZA is bound by the legal warranty of conformity mentioned in Articles L.217-4 to L.217-14 of the Consumer Code concerning the contractual relationships between MIIZA and the consumer customer, as defined in the preliminary article of the Consumer Code, and by the warranty related to defects in the sold item, under the conditions provided in Articles 1641 to 1648 and 2232 of the Civil Code, under the following conditions:
It is reminded that within the framework of the legal warranty of conformity, the consumer customer benefits from a period of two (2) years from the delivery of the products to take action against MIIZA: they can choose between the repair or replacement of the product, subject to the cost conditions set out in Article L.217-9 of the Consumer Code, and are exempt from having to prove the existence of the conformity defect of the product during the 24 months following the delivery of the product.
The legal warranty of conformity applies regardless of any commercial warranty that may cover the product.
The customer may decide to invoke the warranty against hidden defects in accordance with Article 1641 of the Civil Code, choosing between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The legal warranty of conformity is governed notably by Articles L.217-4, L.217-5, L.217-12, and L.217-16 of the Consumer Code, which are reproduced below:
Article L.217-4 of the Consumer Code: “The seller delivers a good that conforms to the contract and is responsible for any conformity defects existing at the time of delivery. They are also responsible for any conformity defects resulting from the packaging, assembly instructions, or installation when the latter has been placed under their responsibility by the contract or has been carried out under their supervision.”
Article L.217-5 of the Consumer Code: “The good is in conformity with the contract: 1° If it is fit for the usual purpose expected of a similar good and, if applicable:
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If it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
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If it presents the qualities that a buyer can legitimately expect considering the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, communicated to the seller and accepted by them.”
Article L.217-12 of the Consumer Code: “The action resulting from the defect of conformity is subject to a two-year limitation period from the delivery of the good.”
Article L.217-16 of the Consumer Code: “When the buyer requests the seller, during the course of the commercial warranty granted to them upon the acquisition or repair of a movable good, to restore the item covered by the warranty, any immobilization period of at least seven days will extend the duration of the warranty that remains. This period runs from the buyer’s request for intervention or from the item being made available for repair, if this availability occurs after the request for intervention.”
Article 1641 of the Civil Code: “The seller is liable for the warranty regarding hidden defects in the sold item that render it unfit for the purpose for which it is intended, or that diminish its usability to such an extent that the buyer would not have acquired it, or would have paid a lower price if they had known of the defects.”
Article 1648, paragraph 1 of the Civil Code: “The action resulting from hidden defects must be initiated by the buyer within a period of two years from the discovery of the defect.”
To apply the aforementioned warranties, the customer must inform MIIZA of any non-conformity or existence of hidden defects in the products within the aforementioned time limits and return the defective products to MIIZA in the condition in which they were received, including all items, to: HL Consulting, 132 rue BOSSUET, 69006 LYON. If the product is returned, the customer must ensure that its condition is in accordance with the state in which it was received, including all items (accessories, packaging, instructions, etc.).
PERSONAL DATA
MIIZA attaches great importance to the protection and respect of its customers' privacy and their personal data and is committed to complying with applicable regulations, including Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016. MIIZA collects and processes the personal data of its customers to manage the various stages of the order, respond to questions, and conduct satisfaction surveys following an order.
The customer has the right to access, rectify, withdraw consent, object to, and delete their personal data. They can also request the limitation and portability of their data. The customer also has the right to set directives regarding the fate of their personal data after their death, the right not to be subject to an individual automated decision, and the ability to file a complaint with the CNIL.
The customer can exercise these rights by writing to the address 132 rue BOSSUET, 69006 LYON, specifying their contact details (name, first name, email address, phone number). MIIZA may need to verify the identity of the customer to secure the processing of their request. More Detailed Information on MIIZA's Practices Regarding Personal Data. The personal data protection policy is available on the website under the “Personal Data” section: privacy policy.
INTELLECTUAL PROPERTY
All elements published on the site, such as, but not limited to, images, photographs of styled environments, edited photographs, videos, graphic charter, sound elements constitutive of the site, logos, brands, models, domain names, texts, and typography, belong to MIIZA and constitute works protected by the provisions of the Intellectual Property Code. MIIZA holds all intellectual property rights on its products and, more generally, on the brands, illustrations, images, and logos reproduced on its items, their accessories, or their packaging. They are and remain the exclusive property of MIIZA, except for rights held by its partners and/or suppliers regarding their products, brands, and logos presented on the site.
Any total or partial reproduction, modification, and/or use of these images, photographs of styled environments, edited photographs, videos, graphic charter, sounds, logos, products, brands, models, domain names, texts, and typography for any reason and on any medium without the express prior agreement of MIIZA is strictly prohibited.
The creation of derivative works from these images, photographs of styled environments, edited photographs, videos, graphic charter, sounds, logos, products, brands, models, domain names, and texts is strictly prohibited.
MIIZA holds all intellectual property rights on its designs, brands, models, and patents, which are the property of MIIZA. No transfer of intellectual property rights is made through these provisions.
Any reproduction, even partial, modification, or use of these elements protected by an exclusive right for any reason is strictly prohibited and will constitute an act of infringement subject to criminal and civil liability.
USE OF THE SITE
Any violation of the general terms of sale by the customer authorizes MIIZA to close their account on the site without prejudice to any damages that may be claimed by MIIZA. The customer is responsible for activities occurring from their online account and agrees to comply with laws and regulations regarding their use of the site, including those concerning the protection of personal data and intellectual property.
Navigation on the site is solely the responsibility of the users. The customer agrees to indemnify and hold MIIZA harmless from any damage, claim, or demand from third parties arising from the use of the site, including attorney's fees and legal costs.
MIIZA commits, as part of an obligation of means, to make its best efforts to ensure the proper functioning of the site and the accuracy of its information. MIIZA will strive to maintain access to the site but is not obligated to do so.
MIIZA may therefore interrupt access to the site, particularly for maintenance, correction, and upgrade purposes. Access may also be interrupted for other reasons, including technical or legal issues. MIIZA reserves the right to cease editing and, therefore, to close the site.
LIMITATION OF LIABILITY AND WARRANTY OF MIIZA
MIIZA cannot be held responsible for outages, errors, or computer viruses that may hinder access to its site, nor for any direct or indirect damage, including malfunctions in users’ computer installations that may arise from accessing the site.
MIIZA is not responsible for any performance failures of the site and any modifications to the site that may occur, especially considering the quality of the Internet network and/or technical configurations.
To the extent permitted by current regulations, MIIZA is not responsible for the quality and compatibility of the site with the specific uses customers make of it.
MIIZA will not be held liable for interruptions in access to all or part of the site during correction, updating, or maintenance operations and for any resulting damage to the customer; outages, errors, or computer viruses that may hinder continuous access to its site or for malfunctions in customers’ computer installations following access to the site.
MIIZA will therefore not be liable for direct or indirect damages that may be related to the use or access to its site or the downloading of elements stored on the site (images, texts, video files, etc.).
The customer agrees to comply with the recommendations and instructions provided in the product manuals and acknowledges that any responsibility or warranty of MIIZA will be excluded in the event of damage related to non-compliance with the product manual. Damage caused by the products cannot hold MIIZA liable. MIIZA's liability is excluded in the event of non-compliance of the products with the legislation of the foreign country in which they are used. Products that are delivered and/or used must be verified by the customer. In cases of improper use of the products contrary to customary practices, standard safety rules, usage recommendations, and the instructions provided, negligence, lack of maintenance by the customer, or in cases of fault or actions attributable solely to the customer or a third party, MIIZA's liability will not apply.
In the event that MIIZA's liability is engaged, the compensation will only cover direct, personal, certain, and foreseeable damages, excluding any indirect damages or losses, including any loss of business. MIIZA's liability will, in any case, be limited to the amount of the order and cannot be invoked for mere errors or omissions that may have persisted despite all precautions taken in the presentation of the products.
The occurrence of a force majeure event as defined by case law and Article 1218 of the Civil Code will result in the suspension of MIIZA's obligations. This non-performance of the contract will not hold MIIZA liable. If the force majeure event lasts more than one (1) month, MIIZA may choose not to fulfill the order, and will reimburse the customer for any amounts paid regarding the affected order.
Diverse Provisions
6.1 Proof
Emails will be valid between the parties, as will the automatic recording systems used, particularly in the context of a dispute. The customer can access the contract concluded with MIIZA by sending an email to plusconsulting@outlook.fr or by postal mail to HL Consulting, 132 rue BOSSUET, 69006 LYON, providing the necessary information including the order number and their contact details.
6.2 Partial Invalidity
If one or more provisions of these general conditions of sale are deemed invalid or declared so under a law, regulation, or as a result of a final decision by a competent court, the other provisions will retain their full force and effect.
6.3 Non-Waiver
The fact that one of the parties does not require the application of any provision of these general conditions of sale, whether permanently or temporarily, cannot in any case be considered a waiver of the rights of that party arising from that provision.
Opposition to Telephone Solicitation
The consumer customer, excluding the non-professional customer as defined by the introductory article of the Consumer Code, who does not wish to be subject to commercial solicitation by telephone, can register for free on an opposition list against telephone solicitation electronically at the website bloctel.gouv.fr, or by postal mail at the following address: Service Bloctel, 6 Rue Nicolas Siret, 10000 TROYES.
Disputes
7.1 Applicable Law
These general conditions of sale are subject to French law. Any dispute regarding the execution of these conditions will be under the exclusive jurisdiction of French courts.