General Conditions of Sale
GENERAL CONDITIONS OF SALE
MISTER K WEBSITE
PREAMBLE
These General Terms and Conditions constitute the sole basis of the commercial relationship between the parties and strictly and entirely govern all services and sales made in France or abroad by the company MISTER K FIGHTING KIT , a simplified joint-stock company with capital of €1,317, under number B 811 698 992 in the Paris Trade and Companies Register, having its registered office at 32 Boulevard de la Bastille, 75 012 Paris, represented by Mrs. Charlotte HUSSON (hereinafter referred to as " MISTER K "), whose activity is the online sales service for manufactured products and clothing, advice, conferences and podcasts relating to fashion, commitment, entrepreneurship and the well-being of people.
MISTER K FIGHTING KIT (MISTER K) and the Customer are hereinafter individually referred to as a “ Party ” and together the “ Parties ”.
Any Order from MISTER K automatically implies unreserved acceptance of all of these General Conditions.
The Customer 's acceptance of these General Terms and Conditions is evidenced by the Customer checking the box next to the words "I have read the General Terms and Conditions of Sale and I accept them without reservation. This step is equivalent for the Customer to acknowledging that he has fully read and approves, without exception or reservation, all of the General Terms and Conditions indicated below.
Article 1: Definitions
“Order” means any purchase by the Customer of any Product offered by MISTER K on its Website.
“Account” means the Client ’s account allowing access to the Services provided by MISTER K through its Website.
“Event” means the events for which Customers have the possibility to register via the MISTER K Website . Events take place in cities where the number of Customers justifies the organization of an Event. Events may include master classes, conferences, podcasts, sales pop-ups, and any other communication or commercial event.
“Product Sheet” means the description sheet of a Product offered on the Website.
"Internet" refers to different networks of servers located in various places around the world, linked together using communication networks, and communicating using a specific protocol known as TCP/IP.
“Delivery” means the delivery of the Products ordered either to the Customer , or to a third party designated by the latter, or to the carrier designated by the latter.
“Customer” means any registered user with an Account.
“Offer” means all promotional and event offers proposed by MISTER K on the Website.
“Service” means all services provided by MISTER K through the Website, including in particular the sale of individual products, private sales and Offers proposed to Customers .
“Product” means the clothing, jewelry, accessories and any other items offered on the Website and provided as part of the Services offered to Customers by MISTER K.
"Website" means the infrastructure developed by MISTER K according to the computer formats usable on the Internet, including data of different types, and in particular texts, sounds, still or animated images, videos, databases, intended to be consulted by Internet users within the framework of free access at the address http://misterk.fr
Article 2: Registration on the Website – Creation of a customer account
The sale of Products is only accessible to registered Customers holding an Account. The registration procedure takes place according to the terms and conditions developed below.
To register on the Website, the Customer must be a natural person of legal age who is legally capable of entering into a contract and who meets the status of consumer within the meaning of Law No. 2014-344 of March 17, 2014.
When registering, the Customer must provide a valid email address and password, as well as personal information.
The password is personal and confidential. Each Customer is fully responsible for the use and preservation of his password. Each Customer undertakes to do everything possible to keep his password secret and not to disclose it to anyone. In order to preserve the confidentiality of the password, the Customer is invited to log out of the Website at the end of each Order.
Any loss or involuntary disclosure of any element likely to allow a third party to learn a Client 's password must be immediately reported in writing to MISTER K , so that the latter can change the identifiers and passwords.
If the password is forgotten, the Customer must indicate this via the “Forgotten password?” section, and they will receive an email to reset their password at the email address provided when registering.
Article 3: Purpose of the Services
Article 3.1. Sale of clothing and accessories
MISTER K offers on its Website various articles displaying mantras with the aim of accompanying and supporting Customers . These articles can be clothing created and designed by Madame Charlotte HUSSON, accessories such as jewelry, stationery, candles, etc.
Article 3.2: Pre-orders
MISTER K offers various items for pre-order on its Website. These items are reserved by the Customer on the MISTER K website. The pre-order is identical to any classic order insofar as the member pays online as soon as the product is ordered.
When pre-ordering, the Customer is informed by MISTER K of the expected delivery times. Delivery times will be specified to Customers on the Website for each new product offered for pre-order. These times may vary depending in particular on production times, and unforeseeable circumstances or force majeure.
The withdrawal period and return conditions applicable to pre-orders are identical to those provided for standard orders.
The terms of the withdrawal period and the return periods are identical to those provided for in article 6 of the said general conditions of sale.
Article 3.3. Private sale
Customers benefit from exclusive access to certain clothing, accessories and at reduced prices for a limited time .
Article 3.4. Offer
Customers benefit, by invitation only, from access to the Offers proposed by MISTER K on the Website, in particular the possibility of registering for Events.
Article 4: Order
The Parties expressly agree that the data recorded by MISTER K as part of the Order constitutes proof of all commercial transactions concluded between them.
Orders are placed on the MISTER K Website .
In order to proceed with the Order, the Customer must connect to the Website and access his virtual shopping cart indicating the selected Products and the desired quantities. From his virtual shopping cart, he can access the "Order" section. Following this process, the Customer must provide certain information relating to the Delivery and the desired payment method. Until validation of the Order, the Customer may abandon or modify the Order at any time. The sale is validly formed upon payment of the price by the Customer.
Upon validation by the Customer of his Order, an email confirming the Order and its payment is sent to the email address associated with the Customer 's Account as soon as possible.
Any modification to an Order subsequent to its validation by the Customer requires the prior written agreement of MISTER K , which reserves the right to review the price and deadlines initially proposed accordingly.
Subject to informing the Customer concerned as soon as possible, MISTER K reserves the right to refuse any Order:
- for legitimate reasons and, more particularly, if the quantities of Products ordered are abnormally high for buyers with consumer status;
- if the Order comes from a Customer who has not paid a previous Order in full or with whom any dispute is in progress;
MISTER K reserves the right to limit Orders in order to allow as many people as possible to benefit from the Offers and Products offered on the Website. These limitations will correspond to one-off restrictions on the quantities available per Customer of the same name, per Delivery to the same address or per Account holder. These restrictions may be indicated on the Website.
Due to the limited quantities available, some Products may be temporarily or permanently out of stock. As such, Orders are placed within the limits of available stocks. In the event of unavailability of the Product ordered, MISTER K undertakes to inform the Customer concerned and to offer them a replacement with a Product of equivalent quality and price or to obtain a credit note for an amount equal to the price of the unavailable Product. In the event of refusal by the Customer , MISTER K undertakes to reimburse the Customer within fourteen (14) days from the request made by the Customer .
Article 5: Delivery
The MISTER K delivery area covers France (Metropolitan and Overseas), all member countries of the European Union, as well as occasionally any other country.
The Products are shipped to Customers via a carrier selected by MISTER K.
Article 5.3. Deliveries in France
The Products are delivered to the address indicated by the Customer when placing the Order. It is the Customer 's responsibility to check that the Order is in accordance with their choice and that their personal data, method and place of Delivery, options and place of invoicing are correct.
Delivery costs are the responsibility of the Customer and include the costs of preparing and shipping the Order. They are mentioned when validating the Order. They are indicated when placing the Order.
MISTER K makes every effort to ensure that the order is delivered as quickly as possible. Orders placed on the Site on Friday from 1 p.m., on Saturday or Sunday will not be processed until the following Monday.
Orders placed on the Site on a public holiday will be processed the following business day.
From the dispatch of the order, the average delivery times are as follows:
- 2 to 5 working days by Colissimo in a selection of relay points (pick-up relays) for France
- 2 to 5 working days by Colissimo
Delivery may however be delayed for reasons beyond the control of MISTER K. In this case, Mister K undertakes to keep the Customer informed of the situation.
Article 5.4. Delivery abroad:
The products on sale on the Site are delivered only to the countries mentioned below:
Belgium, Germany, Luxembourg, Netherlands, Austria, Ireland, Italy, Portugal, Spain, United Kingdom, Switzerland, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia, Sweden, Andorra, Vatican City State, Guadeloupe, Guernsey, Bouvet Island, Isle of Man, Iceland, Jersey, Reunion, Liechtenstein, Mayotte, Monaco, Norway, San Marino, Svalbard and Jan Mayen, Martinique, China, Hong Kong SAR of China, Algeria, Morocco, Tunisia, Canada, United States, Mexico.
From the dispatch of the order, the average delivery times are 8 days.
Article 5.5. Delay in Delivery / Loss of Package
In the event of a delay in Delivery, MISTER K undertakes to notify the Customer as soon as possible, by any means of communication, as well as to indicate the estimated duration of the delay.
In the event of loss of the package, MISTER K may conduct an investigation with the operator responsible for Delivery in order to find it. If the Order is found, it will be immediately reshipped to the Customer , at the exclusive expense of MISTER K.
If the Order is not received by the Customer more than 7 days after the Delivery date indicated by MISTER K , the Customer may cancel the Order by sending MISTER K a registered letter with acknowledgment of receipt informing it of its decision.
In the event of termination of the Order by the Customer , under the conditions described above, MISTER K will then reimburse the Customer within fourteen (14) days from the termination of the Order by the Customer .
Article 5.6. Non-compliant order / Damaged order
Despite all the care that MISTER K takes in preparing and shipping packages, certain Orders may contain missing, damaged or non-compliant Products.
Upon Delivery of the Order, a Delivery note must be signed by the Customer who must check upon receipt the conformity and condition of the packaging of the Product. If the Customer considers that the Products delivered are faulty, defective or non-compliant, it will be up to him to refuse Delivery, or to send to MISTER K , reasoned reservations describing the failure, or the non-conformity of the Order. The Customer will have a period of thirty (30) clear days from Delivery to send his complaints to MISTER K.
MISTER K will not make any refund or exchange if the complaint is communicated to it after this deadline.
The Customer may address his complaints to MISTER K , via the e-mail address or the head office address mentioned in the preamble to these General Conditions. These complaints must specify the number of the cancelled Order in order to obtain a return number.
After examining the complaints and recording the request, MISTER K will send a return voucher to the Customer so that the latter can return the damaged or non-compliant products.
The Product must be returned in the condition it was in at the time of receipt, in its original packaging, accompanied by all documents, instructions and accessories, as well as the invoice for the Order sent by MISTER K.
MISTER K will inform the Customer of the return of the Product, the latter will then have the possibility:
- either to obtain Delivery of a Product identical to the defective Product,
- or, if it is impossible to deliver a Product identical to the defective Product, obtain Delivery of a Product of quality and price equivalent to the defective Product,
- or obtain a full refund of the price of the Product ordered within fourteen (14) days.
The costs of returning and exchanging the defective Product will be borne by MISTER K.
No exchange of Product or refund will be made if it is revealed that the failure is attributable to the Customer and in particular if it results from use not in accordance with its normal use, from a modification or adaptation of the Product at the initiative of the Customer.
Article 6: Right of withdrawal / Return of Products
6.1 Right of withdrawal
In accordance with Articles L.221-8 et seq. of the French Consumer Code, the Customer , as a consumer, has a period of fourteen (14) days to exercise his right of withdrawal, i.e. to cancel his order at any time without having to provide reasons or pay any fees. This period runs from the day of receipt by the Customer or a third party, other than the carrier, designated by him, of the Product ordered.
The Customer therefore has a withdrawal period of 14 calendar days, it being specified that this period expires 14 days after receipt by the Customer of the Order .
To exercise his right of withdrawal, the Customer must complete this form https://form.typeform.com/to/jjeNehh0 and specify whether he wishes to:
- a refund,
- an exchange,
- a credit
In case of difficulty, the Customer can send an email to : bonjour@misterk.fr
If the Customer chooses an exchange, a credit or a refund , MISTER K will send him a return slip . (except for a return from abroad see 6.2 the return terms).
After notifying MISTER K of his withdrawal in accordance with these provisions, the Customer must return the Article(s) concerned within a maximum of 14 days from this notification. This deadline is deemed to have been respected if the Customer returns the Article(s) concerned before the expiry of the 14-day period.
Any withdrawal made after the 14-day period mentioned above cannot be accepted.
Only a new, unworn and unsoiled item will be refunded. The item must be returned in its original packaging, or failing that, in packaging that guarantees equivalent protection, accompanied by the garment label.
The return can only be made by post, according to the terms provided below.
6.2. Returns terms:
- Returns to France:
Return costs are the responsibility of the Customer in the event of a refund - €8 will be deducted from the total refund , return costs are the responsibility of Mister k in the event of a credit note and exchange (detailed in the following section).
The return must be made within 14 days of receipt of the order by the Customer.
To make this return:
- The Client must complete this form: https://form.typeform.com/to/jjeNehh0
- The Customer will receive a return voucher by email
- The Customer must prepare his package: put the clean, unworn, unwashed product(s), with the label and original packaging in his package
- Affix the return slip to the package and drop it off at a COLISSIMO point within 14 days of receiving the purchase.
- Keep proof of deposit of the package: In the event of a dispute or loss of the package by the carrier, the deposit slip will be valid and the refund of the returned product(s) can thus be made.
The refund method is the one used when paying for the order. For example, if the Customer paid by credit card, MISTER K will credit the credit card. It is not possible to change the payment method for the refund.
Regarding the refund, the "outbound" shipping costs remain the responsibility of the Customer. Only the value of the products (discounts deducted) can be refunded, and the "return" shipping costs will be deducted from the refund.
- Returns from abroad:
Returns from abroad must also be made within 14 days of receipt of the order by the Customer.
The return costs and procedures are the responsibility of the Customer. In this case, the Customer must complete this form: https://form.typeform.com/to/jjeNehh0
Immediately afterwards, MISTER K will send all the steps to follow to the Customer for the return.
The Customer must appoint a carrier who will collect the package and deliver it to MISTER K, at the address where the product was received.
This address will in any event be included in the summary email of the return conditions which will be sent to the Customer by MISTER K.
The refund method is the one used when paying for the order. For example, if the Customer paid by credit card, MISTER K will credit the credit card. It is not possible to change the payment method for the refund.
Note: The “outbound” shipping costs remain the responsibility of the Customer. Only the value of the products (discounts deducted) can be refunded.
For any questions regarding returns, the Customer can send an email to bonjour@misterk.fr
6.3. Exchanges / Credits
- Exchanges in France:
All exchanges and credits are free within 14 days of receipt of the order placed in France.
To obtain an exchange, the Customer must follow the following steps:
- The Client must complete this form: https://form.typeform.com/to/jjeNehh0
- The Customer will receive a return voucher by email
- The Customer must prepare their package: put the clean, unworn, unwashed product(s), with the label and original packaging in their package.
- Affix the return slip to the package and drop it off at a COLISSIMO point within 14 days of the Customer receiving the order.
- Keep proof of deposit of the package: In the event of a dispute or loss of the package by the carrier, the deposit slip will be valid and the refund of the returned product(s) can thus be made.
- Exchanges from abroad:
Exchanges and credits from abroad must also take place within 14 days of receipt of the order by the Customer.
The costs and procedures for returning exchanges are the responsibility of the Customer. In this case, the Customer must send an email to MISTER K, at the address bonjour@misterk.fr.
Immediately afterwards, MISTER K will send all the steps to follow to the Customer for the return.
The Customer must appoint a carrier who will collect the package and deliver it to MISTER K, at the address where the product was received.
This address (ACOLYT - MISTER K, Rue de la Croix Belin, 21140 Semur-en-Auxois . ) will in any event be included in the summary email of the return conditions which will be sent to the Customer by MISTER K.
Upon receipt of the package, MISTER K will send an email to the Customer to acknowledge receipt and will reimburse the returned product(s) within 14 working days from receipt of the package.
Note: “outbound” shipping costs remain the responsibility of the Customer.
6.4. Promotional offers such as “free gift”
In the event of a return of an order placed during a promotional offer "free gift" with a request for reimbursement, the customer is required to return the gift received. In the absence of return of all the items included in the promotional offer, MISTER K reserves the right not to reimburse the order. If the customer wishes to keep the gifts received, the amount corresponding to these items will be deducted from the reimbursement.
Article 7: Financial conditions
Article 7.1. Prices
The prices in effect on the day of the Order are mentioned on the Product Sheets. Prices may be updated at any time without notice, but the Products are invoiced on the basis of the price in effect, displayed when the Order is registered. Prices are payable in full after confirmation of the Order.
All prices are in euros excluding taxes, with taxes being borne by the Customer . The taxes applied are those provided for by the regulations in force and, in the event that these are modified, the resulting price variations will take effect from the day they are implemented. The price including tax is indicated before validation of the Order.
The Product Sheets indicate the prices without the Delivery costs, which will be added when finalizing the order.
In the event of Delivery outside France, the Order may possibly be subject to taxes and/or customs duties, which will be the sole responsibility of the Customer . It is the Customer 's responsibility to take the necessary steps with the competent authorities to find out about and pay said taxes and customs duties.
Article 7.2. Payment terms
All sales are definitively formed after confirmation of the Order.
The purchase of Products on the Website is made by credit card or bank card (Visa, Eurocard, Mastercard, Cartes bancaire virtualis, etc.). The Website is equipped with an online payment security system allowing the Customer to encrypt the transmission of their banking data. Thus, all online payments by bank or credit card are made via the "Payplug" security system. The Member can also pay via a PayPal account to the extent that the Website is equipped with a PayPal account.
MISTER K 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 amount that would be owed by the Customer to MISTER , 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 MISTER K that he has the necessary authorizations to use the payment method he has chosen from those available when placing his Order.
Payment in 2 installments, 3 installments, 4 installments with fees:
Payment in installments with Alma.
If you pay for your order in installments, you accept Alma's general customer conditions .
As well as the special Alma conditions for Mister k. customers:
PURCHASE AMOUNT Only purchases between €150 and €2,000 are eligible for payment in installments with Alma at the merchant Mister k.
CUSTOMER FEES When paying in installments with Alma at the Mister k merchant, the customer does not pay any fees except in the following cases:
For payment in 2 installments: 0.73% per transaction
For payment in 3 installments: 1.50% per transaction
For payment in 4 installments: 2.27% per transaction
ACCEPTED COUNTRIES France
Conditions :
This offer is reserved for individuals (adult natural persons) residing in France and holders of a Visa, MasterCard, American Express bank card, systematic authorization cards (in particular Electron, Maestro, etc.) with a validity date greater than the duration of the chosen financing. E-cards and Indigo cards are not accepted.
Subscription terms :
After completing your order, simply click on the “Alma 2x”, “Alma 3x” or “Alma 4x” payment button.
You are then redirected to our partner's Alma web page displaying the personalized financing request, which you must then validate.
Your personal information will be pre-filled. You will be informed of the general conditions of payment in several installments to which you wish to subscribe.
You acknowledge that the “double click” associated with the checkbox on the acknowledgement of the general conditions constitutes consent to contract and constitutes an irrevocable and unreserved acceptance of the general conditions of the product.
Unless proven otherwise, the data recorded by Alma constitutes proof of all transactions between you and Alma.
If you request to benefit from a financing solution offered by Alma, the information relating to your order will be transmitted to Alma, which will use it for the purposes of studying your request for the granting, management and recovery of credit.
Alma reserves the right to accept or refuse your request for financing in 2x, 3x or 4x. You have a 14-day withdrawal period to cancel your credit.
Functioning :
Payment in 2, 3 or 4 times by credit card allows you to pay for the order placed on our merchant site in the following way:
- a mandatory contribution, debited on the day of confirmation of the shipment of your order corresponding to half, a third or a quarter of the order, to which are added fees corresponding to 0.73% of the total amount of the order for payment in 2 installments, 1.50% for payment in 3 installments and 2.27% for payment in 4 installments.
- one, two or three monthly payments, each corresponding to half, a third or a quarter of the order, collected 30 days later for payment in 2 installments, 30 and 60 days later for payment in 3 installments and 30, 60 and 90 days later for payment in 4 installments.
Alma SAS, with capital of €236,426.33, whose registered office is at 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, registered in the Nanterre Trade and Companies Register under number 839 100 575.
7.3. Donations on sales
Since its creation, MISTER K has donated sums from the proceeds of its sales to cancer research, and specifically to the Gustave Roussy Institute.
The donation reversion system :
- On products purchased “on reservation” and “in stock”: an option is offered to the Customer when placing the basket: in this case, the Customer has the possibility of choosing to make a donation of € 5 % of their total basket to the Gustave Roussy Institute.
Article 8: Liability / Insurance
The information required to execute the Order must meet the specifications of MISTER K. The Customer is responsible for the accuracy, sincerity and truthfulness of the contact details that he provides to MISTER K. MISTER K cannot be held responsible for an error in entering these details.
MISTER K is not responsible if any malfunction of the Website, beyond its control, prevents the Customer from placing or validating an Order.
MISTER K cannot be held responsible for any damages related to the loss or disclosure of a Customer 's password .
MISTER K cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts. Force majeure is an unforeseeable and irresistible event.
In particular, MISTER K will not be held responsible for any non-performance or delay in the execution of Orders, caused by events falling within the scope of force majeure.
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond the control of MISTER K and includes in particular (non-limiting list):
- Strikes, shutdowns or other industrial actions.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
- Inability to use rail, ship, plane, road or other private or public means of transport.
- Inability to use public and private telecommunications networks.
- Acts, decrees, legislation, regulations or restrictions of any government.
- Strike, failure or accidents in maritime, postal or other transport.
The execution of the General Terms and Conditions will be suspended for as long as the Force Majeure Event lasts and the execution and delivery times will be extended accordingly. MISTER K will endeavour, as far as possible, to end the Force Majeure Event or to find a solution enabling it to perform its contractual obligations despite the Force Majeure Event.
Article 9: Warranty
In application of the legislative and regulatory provisions and except for contractual guarantee granted by MISTER K , all Orders are subject to the legal guarantee of conformity of articles L.217-4 and following of the Consumer Code and to the guarantee of hidden defects of the Civil Code, provided for in articles 1641 and following.
9.1. Legal guarantee of conformity
Article L.217-4 of the Consumer Code:
"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.
Article L.217-5 of the Consumer Code:
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”
Article L.217-7 al. 1 of the Consumer Code:
“ Any lack of conformity which appears within twenty-four months from the delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise. ”
Article L.217-9 of the Consumer Code:
“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.217-10 of the Consumer Code:
"If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be achieved without major inconvenience for the latter taking into account the nature of the property and the use that he is seeking.
The sale cannot, however, be cancelled if the lack of conformity is minor.
Article L.217-11 of the Consumer Code:
“The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer.
These same provisions do not prevent the allocation of damages.
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 ”
9.2. Guarantee of hidden defects
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it if he had known of them."
Article 1643 of the Civil Code:
" He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. "
Article 1644 of the Civil Code:
"In the case of Articles 1641 and 1643 , the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded, as will be arbitrated by experts."
Article 1646 of the Civil Code:
" If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale ."
Article 1648 al 1 of the Civil Code:
“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
9.3. Disclaimer of warranty
The Customer may not claim any legal or contractual guarantee if:
- the damage or defect is apparent (and without any claim on the part of the latter under the conditions of his right of withdrawal);
- the damage or defect is due to the transport of the Product when the Customer entrusts the Delivery of the Product to a carrier other than that proposed by MISTER K
- the damage or defect results from abnormal use of the Product by the Customer ;
- the Product has been subject to a modification, adaptation or repair which has not been authorized by MISTER K.
Article 10: Intellectual property
All intellectual property rights and other rights relating to the Website, including copyright, trademarks, designs, database rights, and any other intellectual property or other rights, are and remain the exclusive property of MISTER K and, for licensed technologies, of 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, MISTER K prohibits the extraction or reuse of all or part of the content of its Website.
The Client 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 rights of MISTER K with respect to the Website.
If the Customer wishes to use in another context, and/or distribute data, information and/or content from the Website or the Products offered, he must first make a written request to the address of the head office of MISTER K.
The Client agrees not to use the Website for commercial purposes, not to rent, lend, sell, publish, offer a 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 MISTER K, which may make it conditional on financial compensation.
Article 11: Personal data
To read our Privacy Policy, click on this link.
Article 12: Cookies
12.1. Cookies issued by MISTER K :
When the User connects to the Site or the Application, and subject to their agreement, MISTER K may place or read various Cookies on the User's terminal (computer, tablet, smartphone, etc.), on behalf of MISTER K or that of its third-party partners.
Cookies allow MISTER K to recognize a terminal during the validity period of the Cookies concerned, and thus to improve the User's browsing and purchasing experience, to return promotional offers to the User, to offer the User the possibility of sharing their experience on social networks and to display more relevant advertisements.
Only the issuer of a cookie can read or modify the information contained therein.
Reading or depositing certain cookies may require the prior consent of the User. In this case, the User, after having been duly informed via the information on the banner dedicated to cookies and the information in these general terms and conditions of sale, expresses his consent by continuing his visit to the Site.
Cookies have a lifespan limited to 13 months after their first deposit in the User's terminal equipment.
The cookies installed by MISTER K on the User's terminal make it possible to recognize the browser used to connect to the Site.
Our Site uses several types of cookies for different purposes: these cookies are known as strictly necessary cookies, performance cookies, and functional cookies. Some cookies may be provided by a third party to provide additional functionality to our Website and are listed below.
- Strictly Necessary Cookies: These are cookies that are necessary for the operation of our Site, to perform an action you request, such as logging into your account. If you refuse cookies by changing your browser settings, we cannot guarantee the full operation of our Website during your visit.
- Performance/analytical cookies: these are cookies used to improve our Website, and allow us to recognize and count the number of visitors. These cookies then allow us to perform analyses to know how our Website is used and, finally, what improvements to make.
- Functional cookies: these cookies allow us to recognize you when you return to our site and allow us to improve the performance and functionality of our Website, by personalizing our content offered to you or remembering your preferences.
- Third-party social plug-in sharing cookies in connection with social plug-ins: the integration of Social Plug-ins allows the storage of cookies by their providers. These cookies allow our users to share information with the social network concerned but also allow its network operator to identify the user and store information about the use of the Website by the latter in his profile.
MISTER K issues cookies for the following purposes:
- Establish attendance statistics (number of visits, page views, abandonment in the ordering process, etc. . ) in order to monitor and improve the quality of its services:
- Adapt the presentation of your Site to the terminal's display preferences:
- Memorize information entered in forms, manage and secure access to reserved and personal spaces such as the customer account and their shopping cart:
- Provide the user with content, including advertising, related to the user's interests.
12.2. Management of cookies by the User:
Several options are available to the User to manage cookies. Any setting may modify their Internet browsing and their conditions of access to certain services requiring the use of Cookies.
The User can configure their browser software so that cookies are saved in their terminal or, on the contrary, that they are rejected, either systematically or according to their issuer.
The User may also configure their browser software so that the acceptance or refusal of cookies is offered to them from time to time, before a cookie is likely to be saved on their device.
If you refuse cookies, we will no longer place other cookies on your device, except for the “functional” cookies described above (including, in particular, a cookie that allows us to remember that you do not want cookies to be installed when you visit the Website).
Please note, however, that if you choose to delete or refuse certain cookies, this will affect certain features or services on our Website.
12.3. Cookies and social networks
The Site and the Application may provide services from third parties, which allow content from the Site or the Application to be shared on social networks.
The Site and the Application use third-party services from Facebook, Twitter and Instagram (the Instagram and Facebook “Like” and “Share” buttons, the Twitter “Share” button).
Social networks providing such a button may identify the User through this button and record his browsing history, even if the User has not used or clicked on said button when consulting the Site or the Application. In addition, when the User is connected to social networks, these networks may attribute the User's browsing history to his account.
MISTER K has no control over the process used by social networks to collect information relating to browsing on the Site or the Application, and associated with the User's personal data which they have.
MISTER K draws attention to the fact that data collected by social networks may be exported and processed outside the European Union, in particular in the United States and by the aforementioned American entities.
MISTER K invites the User to consult the privacy protection policies of these social networks in order to learn about the purposes of use, particularly advertising, of the browsing information that these social networks can collect using their buttons.
Article 13: Modification
MISTER K may modify these General Conditions at any time, in particular to comply with a legal provision. The Client will be informed of any changes made in accordance with the terms below.
The new version of the General Conditions will be available on the Website in the relevant section. The Customer must accept the General Conditions when placing his Order before choosing the payment method.
In the event of modification, the applicable General Conditions are those in force on the date of the Order, a copy of which dated on that date may be provided to the Customer upon request .
Article 14: Termination
In the event of a breach by one of the Parties of its obligations not remedied within fifteen (15) days from receipt of the registered letter with acknowledgment of receipt notifying the breach, the other Party may immediately and automatically terminate the Order.
In the event of termination of the Order, the Customer remains liable for payment of all previous Orders executed by MISTER K up to the effective date of termination and, more generally, for payment of all invoices owed to MISTER K and remaining unpaid notwithstanding the effective date of termination.
Article 15: General Provisions
If any of the provisions of these General Conditions, or part of them, should prove to be null and void with regard to a regulation, a law in force or following a final court decision, it will be deemed unwritten, but will not result in the nullity of the General Conditions as a whole, nor that of the clause only partially concerned.
The fact that either Party has not required, temporarily or definitively, the application of a stipulation of these General Conditions cannot be considered as a waiver of the rights held by this Party.
Article 16: Applicable Law and Dispute Resolution
These General Conditions are governed by French law.
In the event that a dispute arises between the Client and MISTER K , they undertake to seek an amicable solution, taking into account the interests of each of them before taking any legal action.
Failing this, the Courts within the jurisdiction of the Paris Court of Appeal will have sole jurisdiction, subject to a specific attribution of jurisdiction arising from a particular law or regulation.
