General Terms of Sale of the Ma-boutique-shopping Service

The purpose of these General Terms of Sale and warranties (hereinafter, the “GTS”) is to define the terms and conditions under which Ma-boutique-shopping proposes the sale of Products and Services to Clients.
Therefore, any order from the Client imply their total adherence without reservation to these GTS, which take precedence over any other document, except for special terms and conditions expressly granted in writing by Ma-boutique-shopping.
The Client hereby acknowledges having read the GTS prior to placing their order.
These General Terms of Sale take effect starting 1 January 2020. They cancel and replace all previous versions.
We will retain a copy of the agreement entered into between us (these General Terms of Sale) and we recommend that you print a copy of these General Terms of Sale for all practical purposes.
Ma-boutique-shopping reserves the right to modify the GTS at any time by publishing a new version on the Site. In the event of a change to the GTS, the GTS applicable are those in effect on the date the order is placed, a copy of which provided to the Client accompanying the letter confirming their order.
The invalidity of a clause of these GTS will not result in the invalidity of all of the GTS. The temporary or permanent non-application of one or more of the clauses of the GTS by Ma-boutique-shopping shall not imply the waiver by it of the other clauses of the GTS which will continue to remain in effect.
The photos found on the Site have no contractual value.
Any user who would like to sign up for the service shall have the legal capacity to enter into this agreement and have reached the age of majority. Minors are allowed to sign up, on the sole condition that they have first obtained the authorization of their parent or guardian. The fact that they have signed up implies that they have obtained such an authorization. Ma-boutique-shopping declines all liability for purchases or other commitments made by Clients who do not comply with this provision.

ARTICLE 1 - DEFINITIONS

Subscription: means the paid plan offered by Ma-boutique-shopping in order to use the service aimed at being able to choose one product from the shop each month.

Client: means any user who has purchased a Product or taken out a Subscription through the Site.

Personal account: means the account any Client has to manage their Subscription or place an order for the purpose of accessing the services, including the personal data required by Ma-boutique-shopping to provide the products and services provided for herein.

Order: means the process consisting, for the Client, of selecting the services they would like to subscribe to or the Products they would like to purchase and receive.

Agreement: means these GTS and any special terms and conditions applicable to certain promotional operations. Therefore, the Client waives the use of any contradictory document opposed to the Agreement, and which therefore would be non-binding against Ma-boutique-shopping.

Personal Data: means all information regarding the natural person Client, filled out by them when placing the Order or when creating a Personal Account.

Supplier: means the manufacturers of the Products available for sale on the Site.

Parties: jointly means Ma-boutique-shopping and the Users of the Site.

Products or Goods: means the products in the shop and the Goods available for sale on the Site.

Services: means the online sale of Products through the Site, but also the distribution of Products through Subscriptions taken out by the Client.

User: means any natural person accessing the Site, whether they are a Client or not.

ARTICLE 2 - DEFINITION OF THE SERVICE OFFERED

Ma-boutique-shopping is a service that enables its subscriber Clients to access an online shop and to select a Product each month from among a selection of Products presented each month in the shop.

ARTICLE 3 - GEOGRAPHIC AREA

The products and services are offered only in metropolitan France, Switzerland, Belgium, and Luxembourg.

ARTICLE 4 - ACCESS TO THE SERVICE

The Services of the Ma-boutique-shopping site(s) are normally accessible by the client 24 hours a day, 7 days a week, all year long except in the event of an interruption, intentional or not, regardless of the cause. In particular, it may be interrupted for maintenance. Being subject to a best-efforts obligation due to its business, Ma-boutique-shopping may not be held liable for any physical, pecuniary, or non-pecuniary harm caused by the unavailability of the site(s).
In order to confirm the order and purchase the Products offered on and by the Site, you must sign up on the Site, Subscribe to the service, and thus create your Personal Account involving the use of a login ID and password, at the Client’s sole risk. The password chosen is personal and confidential. It is up to the Client to make all necessary arrangements in order to protect such data. Ma-boutique-shopping agrees for its part to implement all means at its disposal to ensure the security and confidentiality of the data thus transmitted.

When signing up online, the Client hereby agrees to provide accurate, up-to-date, and complete information on their identity that does not infringe upon the rights of third parties. Particularly, they agree not to use a false or stolen identity that may mislead Ma-boutique-shopping or third parties. Otherwise, Ma-boutique-shopping reserves the right to immediately suspend their Personal Account without advance notice or compensation, or to temporarily or permanently refuse access to it. The Client is obligated to supply a valid e-mail address and to keep their personal data up to date.

Only one Personal Account may be created per Client.

ARTICLE 5 - SUBSCRIPTION

The subscription to the Ma-boutique-shopping will be carried out according to the following terms and conditions:

The “no-commitment” subscription for an indeterminate period, with a deduction of € 45 each month: By subscribing to this offer, the individual Client subscribes to the service in order to be able to benefit from the right to choose a product each month from among the selection presented by Ma-boutique-shopping in its shop until one of the parties decides to terminate that subscription. The Client hereby acknowledges that their subscription to this offer commits them to making a monthly payment for the amount of the Subscription chosen. Therefore, unless the Client cancels their subscription under the terms and conditions provided for in the article entitled, “unsubscription,” the Client will have this sum deducted at the time of their initial order, then automatically each month after that for the amount of the Subscription. The Client is free to terminate their subscription at any time under the terms and conditions provided for in the article entitled, “unsubscription,” in these General Terms.
By confirming their order, and after verifying the content of their order and, where applicable, having changed it, the Client hereby acknowledges having fully accepted all of these General Terms. After confirming the content of their order, the Client will definitively confirm it through the payment. The order will not be final until the payment of the corresponding price.

Promotional offer or Welcome Product: Each Client who meets the conditions will receive, after their registration, a Welcome Product determined on the website at the time they register for the service. Therefore, a financial contribution for shipping charges may be requested of the Client during their registration.

ARTICLE 6 - CHARACTERISTICS OF THE SERVICE - PRODUCT CONFORMITY & AVAILABILITY

Ma-boutique-shopping may change the assortment of products and services offered for sale on its Website at any time, without prejudice to Orders placed by the Client.
The Client may, prior to making a commitment or placing their Order, read on the Ma-boutique-shopping Website the essential characteristics of the services and/or products they would like to order. It is hereby expressly agreed between the parties that the Client subscribing to the service agrees to choose one product in the shop each month. If in a given month, the Client does not choose their product from the selection proposed, no product will be sent to them for said month nor subsequently concerning that period and the Client may not claim any compensation from Ma-boutique-shopping.

The Client has full knowledge and fully accepts this provision of the Service subscription agreement.

We see the Goods for personal, private use only. We are not the manufacturer of the Goods that we sell. The information contained on each product page is the information communicated to Ma-boutique-shopping by the suppliers of such products. Ma-boutique-shopping is not involved in the creation or design of such information and may not be held liable for any consequence related to such information. Ma-boutique-shopping will make its best effort so that the photographic representation of the products or services on the Website is as faithful as possible to the products or services themselves. However, given the method of digital presentation of the products or services on the Internet, it is possible that the Client’s perception of the products or services may not correspond exactly to the product or service itself, which the Client hereby accepts and acknowledges. In any event, we encourage you to read all of the information contained on the labels, warnings, and instructions accompanying the Goods before using them.
The offers presented by Ma-boutique-shopping are valid as long as they are displayed on the Site and within the limit of available inventories. In the event one or more products or services are unavailable after the Order is placed, the Client will be informed of this by e-mail. In the event a product sells out during the current month, Ma-boutique-shopping agrees to find a solution to best satisfy you: sending a special edition product, sending the product in the following month, etc.

ARTICLE 7 - ORDER & DELIVERY OF THE GOODS

When the Client confirms their subscription or order by clicking on the confirm button provided for that purpose, they are considered to have accepted with full knowledge of the facts the terms and conditions of the Order in question and, in particular, the General Terms of Sale, the prices, volumes, characteristics, quantities, and shipping times for the products offered for sale and ordered by the Client.
Ma-boutique-shopping reserves the right to suspend or cancel the fulfillment of an Order and/or delivery and/or subscription, regardless of its nature and level of fulfillment, in the event of a failure to pay or partial payment of any sum that might be owed by the Client, in the event of a payment incident, or in the event of fraud or attempted fraud regarding the use of the Ma-boutique-shopping website, including on the occasion of previous Orders. Thus, in the event of an error entering the e-mail address concerned, or the Order confirmation e-mail is not received, Ma-boutique-shopping may not be held liable. In that case, the sale will be considered final, excluding in the event of the cancellation of the Order by Ma-boutique-shopping, particularly due to product unavailability.
Likewise, if an order sent by Ma-boutique-shopping to a Client was returned (invalid e-mail address, mailing address not found, return of the package by the Post Office with the wording “Does not live at the address indicated”, false declaration, etc.), if Client want it to be shipped again, he will have to pay shipping costs.
In the event the package is refused by the Client, it will be considered delivered by Ma-boutique-shopping.
Ma-boutique-shopping may not be held liable if the Client has not expressed an opinion within 2 months regarding the choice of the Product for the month concerned; in such a case, it is understood that Ma-boutique-shopping may not send the product, which therefore may no longer be required by the Client.
The Client may nevertheless exercise their right of retraction under the terms and conditions provided for in these General Terms of Sale.

7.1 Order changes: Once you have placed your Order, we are not able to make changes to your Order, particularly with regard to the quantity of Goods ordered or the shipping address. This clause does not infringe upon your rights under the law for the purposes of retraction and/or return of goods for a purchase.
The products purchased on the Ma-boutique-shopping website are shipped only to Metropolitan France, Switzerland, Belgium, and Luxembourg (unless mentioned otherwise at the time of sale). The products will be delivered to the address indicated by the Client on the site when their order was placed, to Metropolitan France, Switzerland, Belgium, and Luxembourg, depending on the shipping chosen by Ma-boutique-shopping. The shipping times indicated on the website are for informational purposes, corresponding to the average shipping and handling times observed. Ma-boutique-shopping may not be held liable for the consequences of a shipping delay. In any case, if the package is returned to sender, a second shipment will be at the Client’s expense. If the package is again returned to sender, it will no longer be sent back to the Client, and the corresponding total for that order, including any additional shipping charges, will remain the property of Ma-boutique-shopping.

7.2. Shipping times: The delivery date of a Good is indicated at the time of your Order, as well as in your purchase summary. In any case, if a precise delivery date is not mentioned, we will ship the Good(s) within a maximum period of five (5) days starting from the signing of the agreement.

7.3 Shipping delay: In the event of non-compliance with shipping times as provided for in clause 7.2 above, we ask you to please inform us as soon as possible by emailing the following e-mail address: servicemembre@ma-boutique-shopping.com giving us an additional reasonable period of time so that we may identify the cause of such a delay and provide an appropriate response. In case of Ma-boutique-shopping’s failure, Client will get a refund. In the event of a shipping delay due to a force majeure event and/or attributable to the shipper, Ma-boutique-shopping may not be held liable but Client will be eligible to a refund of his payment for such month.

7.4. Transfer of risks: Any risk of loss or damage to the Goods is transferred to you, at the time when you (or a third party designated by you other than the shipper that we have designated), physically take possession of the Good.

ARTICLE 8 - PRICING

The prices for subscriptions offered on the Site are indicated in Euros (€) including all taxes. These prices may be modified by Ma-boutique-shopping at any time and the change will then be reported immediately on the website. These changes will apply to any new subscription sign-up.
For “no commitment” subscriptions, changes to the prices will take effect in the month following the Client being informed, if this information is sent to the Client in the first fifteen (15) days of the month unless the Client cancels their contract under the terms and conditions provided for in the Article entitled, “unsubscription by the Client.” If this information is sent to the Client after the first fifteen (15) days of the month, the price change will not take effect until starting from the month following the month in which the Client is informed.
Depending on the plan chosen, the prices posted for subscriptions may not include shipping charges, which the Client expressly acknowledges and accepts at the time of subscription. These shipping charges may vary based on destination and are posted on the Site. They may be modified by Ma-boutique-shopping at any time. These changes will apply to any new subscription and will apply to current subscriptions under the terms and conditions defined above for subscription price changes.

ARTICLE 9 - PAYMENTS

All orders are payable in euros.
Payments for purchases are made using a bank payment card.
Client is always billed immediately when subscribing, and Thirty (30) calendar days for each monthly payment.
The Client hereby warrants to Ma-boutique-shopping that they are fully authorized to use the payment card to pay for their order and that those payment methods legally give them access to sufficient funds to cover all of the costs resulting from their order on the ma-boutique-shopping.com website. Ma-boutique-shopping may not be held liable for any fraudulent use of the payment method used. Ma-boutique-shopping reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of the non-payment of any sum that may be owed by the Client or in the event of a payment incident. Penalties in an amount equal to the statutory interest rate plus five points are rightfully applicable to the amounts outstanding at the end of a period of ten days following the scheduled payment date, or following the rejection notification regarding the bank payment for any other payment method. The delivery of any new order may be suspended in the event of a late payment for a previous order, notwithstanding the provisions herein. It is up to the Client to save and print their payment certificate if they want to retain the banking details relating to their transaction.

ARTICLE 10 - RIGHT OF RETRACTATION

10.1. Your right of retraction: No provision of these Terms of Sale infringes upon your right to withdraw from this contract without giving a reason within a period of fourteen (14) days. This retraction period expires fourteen (14) days after the day on which you or a third party that you have designated other than the shipper, take physical possession of the Goods.

10.2. If you wish to withdraw, you must send us your retraction decision by any unambiguous declaration before the expiration of the retraction period, particularly: canceling the service through a registered letter with delivery confirmation sent to the address of our registered offices.

10.3. Returning the Goods: Please note that if you exercise your right of retraction, you must return the Good(s) to the address indicated on your customer account, without any excessive delay and at the latest fourteen (14) days after you have communicated to us your retraction decision. This deadline is considered respected if you return the Good(s) to us before the expiration of your fourteen (14) day withdrawal period.

10.4. You must take all necessary precautions so that the Goods are properly packed so that they are not damaged during shipping. You must pay the shipping charges to return the Goods. We recommend you use a shipping service with tracking when you return the Goods.

ARTICLE 11 - UNSUBSCRIPTION BY THE CLIENT

“No-commitment” subscription

The Client who has signed up for a “no-commitment” subscription may:

To suspend their “no-commitment” subscription, the Client shall inform Ma-boutique-shopping of their suspension request before the thirtieth (30th) of each month in order to be taken into account starting with the box for the following month. The Client may then reactivate their subscription in the month they so wish.
To unsubscribe, the Client shall go to their “my account” page, under the “my subscriptions” section, and click on “cancellation.”
The cancellation shall be made before the thirtieth (30th) day of each month in order to take effect in the following month. Any cancellation made between the thirtieth (30th) and thirty-first (31st) day of a month will not take effect until starting from the month following the current month.
In accordance with Article entitled, “Penalties for non-performance” of these General Terms of Sale, Ma-boutique-shopping may terminate a Client’s subscription.

ARTICLE 12 - SIGNATURE AND EVIDENCE

Ma-boutique-shopping works to personal information of its clients by providing a high level of security, but the Client also has a role to play in protecting their personal data. Particularly, the Client must maintain the security of their online transactions, for example by not giving their Login ID (the Client’s e-mail address) and/or password and by regularly changing their password.
Therefore, Ma-boutique-shopping may not be held liable for the disclosure of information regarding the Client to any individual who has used their Login ID (the Client’s e-mail address) and/or password, excluding cases of negligence or errors contributing to enable such a disclosure.
Therefore, any Subscription sign-up carried out after entering the Login ID (the Client’s e-mail address) and/or password will be assumed to have been carried out by the Client and make it possible to require the payment of the corresponding sums, unless the Client provides evidence that a third party stole their Login ID and password. Ma-boutique-shopping may not in any case be held liable for the fraudulent use of such information, excluding in the event of negligence or errors by Ma-boutique-shopping having contributed to enabling such a fraudulent use.
The Client hereby acknowledges the validity and evidentiary value of the exchanges and electronic records retained by Ma-boutique-shopping and acknowledges that such elements have the same evidentiary value as a handwritten and signed document under Act No. 2000-230 of Monday, March 13, 2000 adapting the law regarding evidence to information technologies and regarding electronic signatures.

ARTICLE 13 - RESERVATIONS OF OWNERSHIP

Ma-boutique-shopping retains the full, total ownership of the products sold until the full collection of the full price in principle, fees, taxes, and mandatory contributions included.

ARTICLE 14 - RESPONSIBILITY

Ma-boutique-shopping offers a product provision service, but in no case is it the designer, manufacturer, or prescriber of such products. Therefore Ma-boutique-shopping may not in any case be held responsible for physical and/or non-pecuniary and/or pecuniary damages that may result from the use of the products found in the box which are distributed under the sole responsibility of their manufacturers, and which are used under the Client’s sole responsibility. Any claim that may result from the products found in the box shall be sent directly to the manufacturer.

Ma-boutique-shopping’s responsibility under the obligations of these General Terms of Sale is a best-efforts obligation and it may not be held liable if the non-performance of its obligations is attributable to a third party even if it was foreseeable, to the Client’s fault, or to the occurrence of a force majeure event as defined by the French courts or any other event that is not reasonably under Ma-boutique-shopping’s exclusive control. The information accessible on the Website is supplied “AS-IS” without any sort of guarantee, whether implicit or explicit, particularly regarding the integrity, accuracy, actuality, non-infringement, availability, reliability, or thoroughness of the information, products, accessories, or services appearing on the Ma-boutique-shopping website or their suitability for the use the Client plans to make of them. Ma-boutique-shopping may not be held liable with regard to the items sold on its website, particularly in the event of their non-conformity with their user instructions. Ma-boutique-shopping may also not be found liable for any damage caused to the Client or to a third party, following such non-compliant use.

Ma-boutique-shopping HEREBY DECLINES ALL RESPONSIBILITY REGARDING THE DIRECT OR INDIRECT HARM, WHETHER FORESEEABLE OR NOT, CAUSED ON THE OCCASION OF THE USE OF THE WEBSITE. IF Ma-boutique-shopping IS FOUND LIABLE AND DUE TO HARM SUFFERED BY THE CLIENT AND EXCLUSIVELY ATTRIBUTABLE TO THE PLACEMENT OF AN ORDER, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE CLIENT TO Ma-boutique-shopping.

Any claim filed by a user, including any Client, against Ma-boutique-shopping shall be made within the month following the occurrence of the event that is the subject of the claim.

ARTICLE 15 - DEACTIVATION OF THE CLIENT’S ACCOUNT

The Client’s non-compliance with the obligations undertaken under these General Terms, any payment incident regarding the payment of the price of an order, actions contrary to the interests of Ma-boutique-shopping, the provision of false information when creating the account, may result in the suspension of access to the Ma-boutique-shopping service, and even the cancellation of their account and subscription depending on the degree of seriousness of the actions in question, without any damages or compensation of any sort being claimed against Ma-boutique-shopping. Ma-boutique-shopping hereby reserves the right to refuse any order from a Client with whom there is a dispute, even if the Client is using a new account.

ARTICLE 16 - CUSTOMER SERVICE

For any information or questions, the FAQ is available on the website, ma-boutique-shopping.com. For any specific questions, customer service is accessible by e-mail at the address, support@ma-boutique-shopping.com.

ARTICLE 17 - PENALTIES FOR NON-PERFORMANCE

In the event of non-compliance with the obligations resulting from the acceptance of these General Terms of Sale, payment incidents involving the payment of the price for one or more transactions, the provision of inaccurate information in the creation of the account or actions likely to harm the interests of the Client or Ma-boutique-shopping, Ma-boutique-shopping and the Client are entitled, based on the severity of the actions, to suspend or terminate the Client’s subscription, without prejudice to the damages that may be claimed.
Ma-boutique-shopping also reserves the right to refuse to enter into a contract with a Client who has been punished for such actions in compliance with the rules.

ARTICLE 18 - COMMUNICATIONS BETWEEN THE CLIENT AND Ma-boutique-shopping

By becoming a user of the Website, the Client acknowledges that the exchanges between them and Ma-boutique-shopping will mainly be electronic (by e-mail) except in the special cases presented in these General Terms or required by law. Particularly, the Client hereby expressly accepts that invoices will be sent to them by e-mail.
The Client contractually acknowledges that the information, notifications, and contracts are in full agreement with current regulations in effect.
It is hereby understood between the parties that the choice of the method of exchanges is the equivalent of an agreement regarding evidence within the meaning of Article 1316-2 of the Civil Code.

ARTICLE 19 - CONTINUITY AND TRANSFER OF THE RIGHTS OBLIGATIONS OF THE AGREEMENT

Contracts between the Clients and Ma-boutique-shopping and/or its successors and rights-holders shall have a binding force between the parties.
The contracts, rights, and obligations of the Clients may not be disposed of or transferred without prior written consent.
The contracts, rights, and obligations of Ma-boutique-shopping may not be disposed of or transferred without the Client's prior written consent.

ARTICLE 20 - GENERAL

Non-waiver
The fact that either of the Parties does not avail itself with regard to the other Party of a breach of any of the obligations described in these General Terms of Sale may not be interpreted in the future as a waiver of the obligation in question.

Applicable law and settlement of disputes
Without to the mandatory provisions applicable to consumers, the contract entered into between Ma-boutique-shopping and the Client is subject to the law of Bulgaria, with the language of interpretation of the contract being Bulgarian language.
In the event of a difficulty regarding the validity, interpretation, and/or performance of this agreement, the Client may contact Ma-boutique-shopping by e-mail to the following address: support@ma-boutique-shopping.com.

In the event of a failure to resolve the dispute between the parties, the parties may petition the competent court The Client may also petition the consumer ombudsman. The Client may also petition any other consumer ombudsmen who has received the approval of the consumer mediation assessment commission for the business sector concerned. In order to petition a consumer ombudsman, the Client shall first contact Ma-boutique-shopping by sending a registered letter with delivery confirmation to the following address:

Ma-boutique-shopping
Inter-Bureaux, 65 rue Hénon 69004 Lyon

If a response is not received within a period of two (2) months or if an unsatisfactory response is received from Ma-boutique-shopping customer service, the Client may, if they have not petitioned a competent court within a maximum period of one (1) year following the sending date of the first notification to Ma-boutique-shopping, use a free mediation service for consumer disputes arising from the performance of the contract entered into between Ma-boutique-shopping and the Client. Disputes may not be subject to a review by the mediator if the claim is obviously invalid or abusive, or which has previously been examined, or which is currently being examined by another mediator or by a court.

Regardless of the means used to petition the mediator, the Client’s claim must contain the following elements in order to be processed quickly: the Client’s mailing address, e-mail address, and phone number, as well as Ma-boutique-shopping’s name and full address, a succinct explanation of the facts, and the evidence of prior contacts with Ma-boutique-shopping.

ANY DIFFICULTY REGARDING THE VALIDITY, INTERPRETATION, OR PERFORMANCE OF THE AGREEMENT BETWEEN THE CLIENT AND Ma-boutique-shopping WHICH CANNOT BE SETTLED AMICABLY BETWEEN Ma-boutique-shopping AND THE USER SHALL FALL UNDER THE JURISDICTION OF THE COURTS OF SOFIA, BULGARIA, WITHOUT PREJUDICE TO PROVISIONS APPLICABLE TO CONSUMERS ENABLING THEM TO PETITION THE COMPETENT COURTS OF THEIR PLACE OF RESIDENCE IN CERTAIN CASES.