Preliminary article - Names of the parties - General points
The Terms and Conditions of Sale detailed below (hereinafter referred to as the ‘TCS’), apply only to the contractual relationship between any consumer customer of the website www.qipao.fr (hereinafter referred to as the ‘Customer’) and the company MARNY, Société A Responsabilité Limitée [Limited Liability Company] with capital of €5000, whose head office is located at 13 - 17, Avenue Foch in NANCY (54000) and registered in the RCS [Trade and Companies Register] of NANCY under no. 799 483 151 (hereinafter referred to as ‘QIPAO’ or ‘the Seller’) publishing the website www.qipao.fr (hereinafter the ‘Website’). These Terms and Conditions are the only ones that apply between the Customer and QIPAO. They replace all other conditions, unless previously and expressly agreed in writing.
QIPAO may occasionally be required to change some of the provisions of its TCS, so they must be re-read before each order of products via the Website. These changes are binding from the moment they are put online and cannot apply to orders placed previously. Each order on the Website is governed by the TCS applicable on the date of the order. By confirming your order, we consider you to have read and unconditionally accepted our Terms and Conditions. By accessing the Website, you agree to comply with the terms of use described thereon.
Article 1 - Nature of the goods and services offered - Orders
Contractual information is given in French and confirmed no later than the time of confirmation of the order by the Customer.
Product offers are valid as long as they are visible on the Website, while stocks last.
A Customer who wishes to purchase a product or service must:
The sale shall only be considered as final after the Customer has been sent confirmation of the acceptance of the order by the Seller by email and after payment by the Customer of the price in full.
For orders placed online only, registration of an order on the Seller’s website takes place when the Customer accepts these TCS by ticking the box provided for this purpose and confirms his/her order. The Customer can check the details and total price of his/her order, and correct any errors, before confirming his/her acceptance (article 1127-2 of the French Civil Code). This confirmation implies full acceptance of these TCS and constitutes proof of the sales contract.
It is therefore the Customer’s responsibility to check that his/her order is correct and report any errors immediately.
Any order placed on the Website constitutes a distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment for a previous order.
The Customer can track the progress of his/her order in ‘order history’ in the ‘My Account’ section of the website.
Order forms and invoices are stored on a reliable and durable medium in order to provide a true and durable copy pursuant to article 1348 of the French Civil Code.
Article 2 - Prices
2.1 Sales price
Pursuant to article L. 112-1 of the French Consumer Code, the sales price for each of the products included in the electronic catalogue is given in euros including VAT, excluding the delivery and transport costs mentioned before confirmation of the order and charged separately.
The total amount owed by the Customer is shown on the order confirmation page.
The product sales price is that in force on the day of the order.
In case of price promotions, the Seller agrees to apply the promotional price to all orders placed during the advertising period for the promotion.
2.2 Changes
The Seller reserves the right to change its prices at any time, whilst guaranteeing to the Customer to apply the price in force on the day of the order.
Article 3 - Payment
3.1 Due date
Payment is due in full after confirmation of the order.
Payment should be made immediately at the time of the order by card only.
3.2 Secure payment
The Website is equipped with a secure online payment system using SSL encryption, allowing the Customer to encrypt the transfer of his/her bank details.
Article 4 - Terms of delivery – download and collection
4.1 Gift vouchers
Gift vouchers can be downloaded directly from the customer area or from the order confirmation email received by the customer.
The Seller shall despatch items for delivery as soon as possible after an order is placed, and within no more than 15 days. The average turnaround time for available items is 5 working days.
4.2 Products associated with a booking
Products that are sold as part of an online booking cannot be delivered to the Customer’s address. They will be made available to the Customer on the day of the booked service, for a period of 30 days.
Except in the case of a failure attributable to the Seller and if formal notice sent to the Customer remains unanswered for 15 days, for items that are not collected within this time period, the Seller may cancel the order ipso jure and retain the sums paid for the order as compensation.
The Customer cannot collect products associated with a service before the planned date of said service.
The risks of losing or damaging the products are transferred to the Customer when the Customer, or a third party assigned thereby, takes physical possession of the products.
Article 5 - Terms of use of the products
QIPAO gift vouchers and flash sales can be used as a means of payment at selected QIPAO points of sale in FRANCE or LUXEMBOURG:
Article 6 - Right of cancellation
Pursuant to current legal provisions, the Customer has a period of 14 days from receipt of the product to exercise his/her right of cancellation to obtain an exchange or refund from the Seller, without having to give a reason or pay a penalty, provided the products are returned in their original packaging and in perfect condition within 14 days of informing the Seller of his/her cancellation decision.
The right of cancellation can be exercised online, using the cancellation form available on the Website, in which case acknowledgement of receipt shall immediately be sent to the consumer by the Seller on a durable medium, or through any other unambiguous written statement, expressing the desire to cancel.
If the right of cancellation is exercised within the above period, only the price of the products purchased and delivery costs shall be refunded. Return costs remain payable by the Customer.
The exchange (subject to availability) or refund shall be made within 14 days of receipt by the Seller of the products returned by the Customer under the terms provided for in this article.
Article 7 - Guarantees
7.1 Customer information
The Seller is liable for any lack of conformity of goods that are the subject of the sales contract under the terms of article L. 217-4 et seq. of the French Consumer Code and any hidden defects of the goods sold under the terms provided for in articles 1641 et seq. of the French Civil Code.
7.2 Application of the conformity guarantee
According to article L. 217-4 of the French Consumer Code, the Seller is required to deliver goods that are in conformity with the contract and is liable for any lack of conformity that exists at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation if it has assumed responsibility for this under the contract or it was carried out under its responsibility.
Article L. 217-5 of the French Consumer Code
To be in conformity with the contract, the goods must:
1) Be suitable for the use normally expected of similar goods and, if applicable:
2) Have the features defined by mutual agreement between the parties or be suitable for any particular purpose requested by the buyer, brought to the attention of and agreed by the seller.
When applying the legal conformity guarantee, the consumer:
7.3 Application of the hidden defects guarantee
Consumers may decide to apply the guarantee against hidden defects of the goods sold within the meaning of article 1641 of the French Civil Code. In this case, they can choose between cancellation of the sale or a reduction in the sale price pursuant to article 1644 of the French Civil Code.
7.4 Limitations
The Seller cannot be held liable in the following cases:
The Seller’s guarantee is, in any case, limited to replacement of or refund for non-conforming or defective products.
Article 8 - Data protection
Personal information that may be collected on the Website is mainly used by the Seller to manage the relationship with the Customer and, if applicable, to process orders.
In accordance with the provisions of Act no. 78-17 of 6 January 1978 as amended by Act no. 2018-493 of 20 June 2018 on information technology, files and freedoms, you have the right to request access to or the correction or erasure of your personal data, to restrict or oppose processing thereof, and the right to data portability.
To do so, you can use the “Contact us” page on the site, write to us at 13 - 17, Avenue Foch, 54000, Nancy, FRANCE, or email us at qipao@mf1977.com.
You have the right to make a complaint to the CNIL, 3 Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07 - Tel.: +33 (0)1 53 73 22 22
For security reasons and to avoid any fraudulent requests, this request must be accompanied by proof of identity. After the request is processed, this proof shall be destroyed.
The information collected may be disclosed to third parties that have a contract with the Seller to carry out subcontracted tasks that are necessary for the management of the Customer’s account, without the latter having to give consent. In case of proven infringement of legal or regulatory provisions, this information may be disclosed to legal authorities on receipt of a specific and reasoned request.
The Customer may receive marketing offers from the Seller.
If the Customer does not want his/her data to be used by the Seller’s partners for marketing purposes, he/she should contact the Seller.
If, when browsing the Website, the Customer accesses personal data other than his/her own, he/she should refrain from collecting it, using it without consent or carrying out any act that may constitute an infringement of privacy or reputational damage. The Seller assumes no liability in this regard.
Article 9 - Creating a User account – Passwords
To place an order on the website, the Customer should:
The account is accessed via a user name and password.
The Customer can change his/her password by going to the ‘Customer area’ section of the website.
The Customer must inform the Seller immediately of any loss or unauthorised use of his/her account, user name or password. User names and passwords are personal and the Customer agrees not to disclose them. To this end, the Customer is solely responsible for their use.
Any attempt to change the password or user name of another customer is strictly prohibited.
Article 10 - Applicable law – Disputes – Mediation
Under article L. 152-1 of the French Consumer Code, ‘All consumers have the right, free of charge, to use the services of a Consumer Ombudsman with a view to the amicable resolution of any disputes between them and a professional’.
If you have any problems, please contact us in the first instance or contact our after-sales service:
‘QIPAO’
13 - 17, Avenue Foch
54000 NANCY
qipao@mf1977.com
Customer service is available Monday to Friday from 9am to 6pm by phone on +352 27 74 70 41.
In the year following your request to our team, under article R. 156-1 of the French Consumer Code, you can have your request assessed by an ombudsman whose contact details you will find below. Please bear in mind that, without exception, a dispute can only be assessed by one ombudsman:
‘Médiateur du Commerce Coopératif et Associé’
FCA
77 rue de Lourmel
75015 Paris
www.mcca-mediation.fr
servicemediation@mcca-mediation.fr
The consumer may, at his/her own expense, be assisted by an adviser.
Article 11 – Pre-contractual information – Customer information
The Customer acknowledges that before placing his/her order and signing the contract, he/she received these TCS in a legible and understandable form and all the information listed in article L. 221-5 of the French Consumer Code, including the following:
Ordering on the website www.qipao.fr implies full acceptance of and adherence to these TCS by the natural (or legal) person and obligation to pay for the services ordered. This is expressly acknowledged by the Customer who, in particular, waives the use of any contradictory document, which cannot be binding on the Seller.
