Rules of procedure C.G.V.

Purpose of the site
The site mephisto-dejean-biarritz.com (hereinafter "the Site") is an e-commerce site that allows to offer for the sale of shoes, leather goods and accessories to Internet users or Users. It is accessible via the Internet network at the address www.mephisto-dejean-biarritz.com, the information on the Site is exclusively valid for Metropolitan France (Corse included). For any order made to other destinations, the User is invited to send a EmailIn order to obtain the necessary information.

Access to the site
Access to the Site and its use are reserved for strictly personal use. The Visitor and the User undertake not to use the Site and the information contained therein for political, advertising purposes and for any form of commercial solicitation, including the sending of unsolicited emails. The continued navigation on this Site is subject to full acceptance of these Terms and Conditions of Use.

Account creation
In order to be able to place an order, the User must create an account. This creation is reserved for any major natural person, one person who can only hold one account, and requires:
- To indicate an identifier, i.e. an e-mail address that the User is a personal user or to retrieve a new password if your e-mail address is part of the client file of our company SA DEJEAN ET FILS
- And create a password, meeting the criteria defined by the Site to ensure the security of the account thus created (note to your attention: to confirm and define if necessary).
All fields in the account creation form with an asterisk (*) must be entered. Otherwise, access to the next step is impossible. The accuracy of the data is imperative. Upon creating an account on the Site, the User receives a confirmation email. The Site reserves the right to delete any account that does not comply with these Terms and Conditions without notice. Note to your attention: writing to adapt as appropriate to the specificities of the Site.

Collection of personal data and cookies
Personal data:
The personal information that can be collected on the Site is used by the publisher for the management of its relations with the User and the processing of its orders. They are recorded in the publisher’s client file, the personal data file thus developed being reported to the CNIL (under No. 2042512).
The data is retained for a period that does not exceed the duration required for the purposes for which it was collected. The User’s express consent will be sought regarding the receipt of the publisher’s commercial offers. In accordance with the provisions of Act No. 78-17 of 6 January 1978 relating to computing, files and freedoms, the User has a right of access, interrogation of modification and deletion of the information concerning him, to exercise at any time with the publisher, either directly on the Site via the “contact” or by postal mail to the following address: Mephisto Biarritz Store 4 Av. of the MaréchalICI.
For security reasons and avoiding fraudulent requests, this request must be accompanied by an identity document. After processing the application, this evidence will be destroyed. Eventually: The information collected may be communicated to third parties related to the publisher by contract for the execution of subcontracted tasks necessary for the management of the User’s account, and without the User’s permission. In the event of a proven violation of legal or regulatory provisions, such information may be transmitted on an express and motivated request from the judicial authorities.
The publisher has endeavoured to put in place any useful precautions to preserve the confidentiality and security of the personal data processed and to prevent any deformed, damaged, destroyed or unauthorized third parties from accessing it. Technical and organizational security measures have been introduced. However, the publisher does not control all the risks associated with the operation of the Internet and draws the attention of the Visitors to the existence of possible risks inherent in its use and operation. In the case that, in consultation with the Site, the User would access personal data, it refrains from any collection, unauthorized use and any act that may constitute an infringement of the privacy or reputation of the person. The publisher declines any responsibility in this regard.
Cookies:
Users are informed and agree that a cookie can be installed on their computer hardware on the occasion of the Site’s visit. It permits the identification of the Visitor and the registration of the actions carried out on the Site. The information collected in this framework will only be used to track the volume, type and configuration of traffic using this Site, to develop its design and layout, and more generally to improve the quality of the proposed service. This allows, in particular, the User who has already created an account to be automatically connected to it without having to collect his personal information. The User’s Internet browser settings allow the user to inform and refuse to install the cookie. Note to your attention: writing to adapt as appropriate to the specificities of the Site.

Product information
Products covered by these Terms and Conditions of Sale are those listed on the website mephisto-dejean-biarritz.com. They are proposed within available stocks. The products are described and presented with the greatest accuracy possible. If errors or omissions occurred in this presentation, the Seller’s liability cannot be incurred.
The photographs of the products are not contractual. Minimal differences between a product and its photograph may exist, depending in particular on the resolution and the definition of colours of the User screen.

Price
The Seller reserves the right to modify its prices at any time, but agrees to apply the applicable rates indicated at the time of the order, subject to availability at that date. Prices are shown in euros. They do not take into account shipping costs, billed as an additional charge, and indicated before order validation. They take into account the VAT applicable on the French metropolitan territory on the day of the order and any change in the applicable rate will automatically be reflected on the price of the products of the online store. If one or more taxes or contributions, including environmental, were created or modified, upwards and downwards, this change could be impacted on the selling price of products. Payment of the entire price must be made during the order. In the event of an erroneous price display, clearly derisory, whatever the reason (computer bug, manual error, technical error...), the order (even validated by the Site) will be cancelled, which the Customer will be informed as soon as possible. He will then be able, if he wishes, to return his order at the corrected and exact price.

Command
The Customer has the option to place their order from the online catalogue, within the limits of the available stocks. In order for the order to be validated, the following process will have to be followed: Selection of the item(s) (point, color...) and addition to the shopping cart (the top right of the screen informs the Customer that the Site has taken into account the selections by indicating the number of products it contains.), Validation of the contents of the shopping cart, Identification on the Site if the Customer is not already identified, or creation of a. The sale will be considered final after the Seller sends the order confirmation to the Customer (containing the details of the ordered products, their price, the shipping and billing address) by e-mail, which the Seller must save and print, and after receipt by the Seller of the entire price.
Any order is to accept prices and descriptions of products available for sale.
In the event of unavailability of a product ordered, the Customer will be notified by e-mail as soon as possible and, if necessary, refunded no later than thirty (30) days after payment by the Customer, whose order will then be cancelled.
In some cases, such as default, erroneous address or other problem presented by the customer’s account, the Seller reserves the right to block the order until the problem is resolved. The cancellation of the order of this product will be effected if necessary. Similarly, the Seller reserves the right not to validate the order in the following cases: abnormal orders in respect of their number or quantities ordered, exchanges or abnormal or abusive returns of the Customer, existing litigation(s) with the Customer etc.

Payment methods
Passing the order implies a customer's regulation. To settle the order, the Customer has, at his option, all the payment methods available to him and listed on the Site:

- Credit card: Visa, Mastercard, Carte Bleue, American Express, provided the Customer is the holder. The Seller makes sure during each online payment that the bank card is used by its true holder (via 3D Secure technology).
- PayPal account 4 times without charge ;

- Bank transfer: The customer can choose to pay by bank transfer. Upon validation of the order it must transfer the order to the given RIB. The parcel will be shipped at the receipt of the payment. After 6 working days, if no payment has been received, the sale will be cancelled.
- Check: If the customer wishes to pay by cheque, the delivery time will be extended. The Seller will ship the order only after receipt and receipt of the cheque to verify its validity.

The Customer guarantees to the Seller that it has the necessary authorizations to use the method of payment chosen by its care during the validation of the order. The Seller reserves the right to suspend any order management and delivery in the event of a refusal to pay by credit card from officially accredited bodies or in the event of non-payment. The Site shall implement all necessary means to ensure the confidentiality and security of the bank data transmitted. It has an online payment security system to encrypt the client's bank data. Payment information is transmitted according to the highest safety standards.
An invoice corresponding to the Customer's order will be sent by e-mail. The Customer is invited to download, print and store it.

Proof of transaction
The computerized records, stored in the Vendor's computer systems in security conditions that comply with the requirements in this regard, will be considered as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and sustainable basis that can be produced as evidence.

Shipping
Except in the case of momentary unavailability, force majeure, closing periods of the online store (which will be explicitly announced on the homepage): any order registered on the Site from Monday to Friday before 2 p.m. will be processed the same day; after 14 hours, it will be treated the next day. All orders placed on Friday after 2 p.m., Saturday and Sunday will be processed on the following Monday; being specified that orders placed on a holiday will be processed on the next business day.

Delivery
Delivery is free from €100 in Metropolitan France. This delivery will be made by Colissimo Follow-up.
Method
Delivery means the transfer to the Customer of physical possession and control of the property and intervenes only after confirmation of payment. The products ordered are delivered, except in particular cases or unavailable momentarily from one or more articles, in one time by Colissimo or Global relay. The package(s) are encoded and provided with a follow-up number allowing the Customer to track their delivery at any time, the parcel number allowing the follow-up to be communicated to the Customer upon request. Indicative delivery times are indicated to the Customer prior to the validation of the order and cannot exceed thirty (30) days from that date. In the event of over-expenditure of more than thirty (30) days of the delivery times announced to the Customer, apart from any case of force majeure, the Customer may proceed to the resolution of the sale, by registered letter with request for notice of receipt. In the event of a resolution of the sale for this reason, the Seller will refund to the Customer all amounts paid under this order no later than fourteen (14) days from the date on which the contract resolution was notified.
The products are delivered to the address indicated by the Customer during the order. The Customer must ensure its accuracy and completeness. Any parcels returned to the Seller because of an erroneous or incomplete delivery address will be returned to the Customer’s fees.
In the case that the Customer would not be present on the day of delivery, the courier will leave a notice of passage in the mailbox to remove the parcel to the place and within the specified time limit.
Any risk of loss or degradation of products is transferred to the Customer at the time that the Customer or a third party is designated by the Customer, different from the carrier proposed by the Seller, takes physical possession of the goods. If at the time of delivery, the Customer finds that the original packaging is damaged, torn or opened, the Customer must verify the condition of the item(s). If damaged, the Customer must absolutely refuse the parcel and note on the delivery slip in the form of precise, dated, circumstantial and signed manuscript reservations, any anomaly concerning the delivery (agricultural, open or damaged package, missing or broken products...). The Customer shall then confirm these reservations by registered mail with acknowledgement of receipt sent to the carrier no later than two (2) working days after receipt of the item(s) and forward a copy of it by single mail to the Seller to the address of the company indicated in the head of the present.
This verification is considered to be performed as long as the Customer, or a person authorized by the Customer, has signed the delivery voucher, the Seller who is then released from any liability.

Errors:
The Customer will have to make with the Seller the same day of delivery or no later than the first business day following the delivery, any claim relating to a delivery error and/or non-compliance of the products in kind (model, size...) or in quality with respect to the indications on the order confirmation.
The claim must be made by e-mail (to the address: link).
Any claim not made in the rules and time frames so defined will not be taken into account and will release the Seller from any liability to the Customer. Upon receipt of the claim, the Seller will assign an exchange number of the product(s) concerned and communicate it to the Customer by e-mail. The exchange of the product can only take place after the award of this exchange number. Any product to be exchanged must be returned complete and in perfect condition in its original packaging to the Seller, in Colissimo Recommended, at the following address:

MEPHISTO STORE BIARRITZ
4 A. of the Marshal Foch,
64200 Biarritz

In the case that the product(s) would be returned damaged, soiled, incomplete or more generally unfit for resale, the Site may engage in any legal actions against the Customer. Return and shipping costs will be charged to the seller.

Right to retract
In accordance with the provisions of the Consumer Code, the Customer has (only) www.chaussuresmadamede.com) a period of withdrawal of fourteen (14) working days from the date of delivery of the order to himself or to a third party designated by his care, without having to invoke any reason.
He will receive by return email a return voucher allowing him to benefit from free returns.This offer is only valid for purchases delivered in Metropolitan France (excluding shoes on sale and small accessories).For the DOM-TOM, Europe (excluding France) and international, return costs are the responsibility of the buyer.
From receipt of this return voucher, the Customer has a period of eight (8) days to return the products concerned to the following address:

MEPHISTO STORE BIARRITZ
RETOUR COLIS – INTERNET SERVICE
4 Av. du Maréchal Foch, 64200 Biarritz

The potential return risks are the exclusive responsibility of the Customer.
In order to allow their remarketing in the new state, the products must be returned:
- In their original packaging,
- Complete (packaging, accessories, etc.),
- In perfect condition,
- Accompanied with the purchase invoice, specifying whether it is a refund or exchange.

Damaged products (depreciation or wear resulting from manipulations other than those strictly necessary to establish their nature and suitability), worn, soiled or returned incomplete rendering them unfit for resale will be refused and will not be subject to any refund. They will then be returned to the Customer, at the expense of the Site, without the Customer being able to require any compensation or refund.

CONSEQUENCES :
In the event of the exercise of the right of withdrawal in accordance with the terms and within the aforementioned period, the price of the goods and the amount of the delivery fee shall be refunded to the Customer.
Express refund: the refund will be made within a maximum of five (5) days from the receipt by the Seller of the products returned by the Customer under the above conditions. The Seller will use the same payment method as that used by the Customer for the initial transaction. No fees will be charged to the Customer after this refund.

Product guarantee
The Seller is the guarantor of the conformity of the goods sold, which allows the Customer to make an application under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects of the thing sold within the meaning of articles 1641 et seq. of the Civil Code.
In the event of the implementation of the legal guarantee of compliance, it is recalled that the Customer has a period of 2 years from the date of the issuance of the property to act and may choose between the repair or replacement of the property, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code. Defects of conformity that appear within twenty-four months from the issuance of the property are presumed to exist at the time of issue, unless otherwise proven.
In the event of implementation of the warranty of defects of the thing sold, the Customer may choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the Civil Code. However, the seller may not proceed according to the buyer's choice if this choice results in a clearly disproportionate cost to the other modality, given the value of the property or the importance of the default.

Force majeure
All circumstances independent of the will of the parties preventing the performance under normal conditions of their obligations are considered to be causes of exemption. The party who invokes such circumstances must immediately notify the other party of their occurrence and of their disappearance.
Any irresistible facts or circumstances, outside and unpredictable, shall be considered a force majeure case. These include natural disasters, earthquakes, storms, floods, fires, strikes, blockages of means of transport or supply, stopping telecommunications networks or difficulties specific to the parties’ telecommunications networks (external intrusion, virus...), incidental breakdowns, pandemic, shortages, wars
After a period of one month, and in the case that the event constituting a case of force majeure would persist, the order will be cancelled and will, if any, be subject to a refund on the same method of settlement as that which served to pass the order within a maximum period of thirty (30) days.

Intellectual property
Site:
The Site, as well as any software used in connection with it, contains confidential information and data protected by intellectual property law. All brands, photographs, texts, comments, illustrations, animated or not images, video sequences, (possibly: sounds), as well as all computer applications that could be used to run the Site and more generally all elements reproduced or used on it are protected by the laws in force under intellectual property. They are the full property of the publisher or its partners. Any reproduction, representation, use, adaptation or modification, in any form, of all or part of these elements, including computer applications, without the prior and written consent of the publisher, are strictly prohibited. The fact that the publisher does not initiate proceedings as soon as they become aware of these unauthorized uses is not acceptable to them and waiver of proceedings.
Brands:
The company ETABLISSEMENTS DEJEAN ET FILS (SA) owns the figure brand " DEJEAN Since 1946" and its logos. The Internet user acknowledges the publisher's exclusive rights to the figurative brand " DEJEAN Since 1946" and its logos, and prohibits itself from making any or more general use of it to infringe its intellectual property rights. The publisher reserves the right to claim damages in the event of counterfeiting, and more generally to infringe its intellectual property rights. The publisher’s partners own their brands. All other brands or logos appearing on the Site are the property of either the publisher or its suppliers, partners or suppliers. Any use, in any way, of these marks and/or logos and/or any other content is subject to the express authorization of the holder of the relevant intellectual property rights.

Behaviour of Visitors
Each Visitor must use the Internet with respect and courtesy in respect of the rights of other Internet Users.
Not to have access to the Site, to any other information, to which the Site is authorized. By recognizing the global nature of the Internet network, each Visitor undertakes to respect all local and international rules and procedures relating to online behaviour. At any time, the publisher may implement any means to put an end, without notice, to the use of the Site or any of the services by the Visitor as a result of any conduct that violates these Terms of Use, without prejudice to any damages that it reserves the right to claim to the Visitor.

Site management
For the proper management of the Site, the publisher may at any time: suspend, interrupt or decide to limit access to any or any part of the Site, or reserve access to a specified category of Internet users, delete any information that may interfere with the operation of the Site or contravene national or international regulations, suspend the Site in order to make updates.

Accountability
Access and operation of the Site:
The Visitor makes his personal business the knowledge necessary for the use of the Internet and the establishment of the IT and telecommunications means, which fall within his entire responsibility, allowing access to the Site. The User must take all appropriate measures to protect its hardware and data, including viral attacks on the Internet. He is also solely responsible for the websites and data he consults. The Visitor retains the connection fees and equipment related to Internet access and use of the Site. The publisher shall not be held liable for any damage, direct or indirect, that any Visitor may suffer in the context or as a result of such use, or that any third party may suffer as a result of the use of the Site by any Visitor, regardless of its causes, origins, natures, or consequences, including in the event of impossibility of access to the Site or any of its features.
Limitation of liability:
The publisher shall not be bound by any warranty, whether implicit or explicit, concerning the adequacy of the information, products, accessories or services appearing on the Site to the use that the Visitor plans to do. The Site may include links to other websites or other Internet sources. To the extent that the publisher cannot control or control the accuracy of the information contained therein, or its content, it cannot be held responsible for their availability and cannot bear any responsibility for the content, advertisements, products, services or any other information or data available on (or from) these external sites or sources. In addition, it cannot be held liable for any proven or alleged damages or losses in relation to the access, use, trust, or inability to use the content, goods or services of these external sites or sources.

General
Amendments:
The publisher reserves the opportunity to modify and update these Terms and Conditions without notice. In order to be informed of these possible modifications, immediately applicable, it advises the Visitors to refer to them regularly via the Site. The use of the Site will be subject to the conditions in force during use.
Divisible character of clauses
In the case that any of the clauses of these conditions would become null or unopposable as a result of a change of regulation or would be declared as such as a result of a final court decision, the other clauses would retain both their validity and scope.
Applicable law:
These general terms and conditions of use are governed by French law and will be governed by the competent French courts.
Contact:
For any questions, information on the products presented on the Site, or concerning the Site itself, the User is invited to send an email to the publisher via the Contact form

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