Terms and conditions
of Sales
ARTICLE 1: PREAMBLE
These general terms and conditions of sale govern exclusively the commercial relations with our customers for the sales and services presented on the website " http://www.miraval-studios.com " belonging to the company Miraval Studios, a simplified joint stock company with a capital of 100,000 euros, whose registered office is located at Domaine de Miraval, 83570 Correns and registered with the R.C.S Draguignan under number 904 777 208.
Any order implies prior consultation and acceptance of these general conditions of sale without reservation. The latter are accessible at any time on the company's website by clicking on the following link " http://www.miraval-studios.com/terms-and-conditions-of-sale/ ".
It is understood that persons considered legally incapable of contracting within the meaning of Article 1123 and following of the Civil Code, in particular unemancipated minors, must obtain the authorization of their legal representative prior to any order.
The present general terms of sale constitute the only agreement between the parties and prevail over any other document.
Miraval Studios reserves the right to modify at any time the present terms and conditions of sale by publishing a new version on the website. The applicable general terms and conditions of sale are those in force on the date the order is placed.
ARTICLE 2: PRODUCTS
In accordance with the provisions of article L. 111-1 of the French Consumer Code, Miraval Studios presents on its website the essential characteristics of the products it offers for sale.
The products presented by Miraval Studios are offered and delivered within the limits of available stocks.
The photographs and graphics shown on Miraval Studios website are provided for information purposes only and do not constitute a contractual commitment on the part of Miraval Studios to guarantee a perfect similarity between the product ordered and the product shown.
ARTICLE 3: ORDER
The customer selects on the site one or several products among those offered for sale and presented on the site. The customer must then place the product(s) in the basket by clicking on the "add to basket" button.
The customer can access the summary content of the products in the basket at any time before the order is definitively validated in order to correct any errors in the data entry.
It is only after having checked the box accepting the general conditions of sale and the confirmation of the accuracy of the information provided that the order is recorded. This acceptance of the order becomes final by clicking on the "Order" button.
Miraval Studios will acknowledge receipt of the customer's order as soon as possible in the form of an e-mail summarizing the purchases which will be sent to the e-mail address provided by the customer when confirming the order.
As soon as the product is in stock, the order will be executed at the latest within five (5) working days as from the day following the one when the customer placed his order. In the event that, independently of Miraval Studios will, the product ordered is unavailable, the customer will be notified as soon as possible. The customer will have the possibility to modify or cancel his order at any time before the receipt of the package, regardless of the delivery time.
The customer will then have the choice of either requesting an exchange of the product within fifteen (15) days of receipt, or being reimbursed.
When registering the personal details of the customer, the latter must ensure the accuracy and completeness of the mandatory data he provides. In the event of an error in the recipient's details, Miraval Studios cannot be held responsible for the impossibility of delivering the product.
ARTICLE 4: PRICES
The prices are indicated in Euros including all taxes.
The value added tax is the one in force on the French territory on the day of the order. Any change of the applicable rate could be reflected on the prices of the products.
In the case of a shipment outside the European Union and DROM-COM, taxes may be charged upon receipt of the package by the customer. These taxes, which depend on the country, remain the responsibility of the customer. It is up to and recommended to the customer to carry out the necessary verifications and steps prior to the validation of the order.
The payment of the totality of the price must be realized at the time of the order. At no time can the sums paid be considered as deposits or advance payments.
Miraval Studios cannot be bound by the display of an erroneous or obviously derisory price, whatever the reason.
Miraval Studios reserves the right to modify its prices at any time, it being understood that the products will be invoiced on the basis of the prices in force at the time of the order.
ARTICLE 5: PAYMENT
The products are payable in Euros on the day of the validation of the order summary by the customer.
Miraval Studios shall not be obliged to deliver the products ordered by the customer if the price has not been paid in full beforehand. Miraval Studios will remain the owner of the ordered products until the price has been paid in full, it being understood that the transfer of risks takes place upon delivery of the products.
The authorized online payment methods are the following:
- Bank cards (VISA, MASTERCARD, AMERICAN EXPRESS)
The customer accesses a dedicated space provided by Stripe, which ensures the security and registration of the payment order. In this respect, the customer expressly acknowledges that the communication of his/her bank card number to Miraval Studios via Stripe is equivalent to authorization to debit his/her account for the amount of the products ordered.
Whatever the payment method used, Miraval Studios will bear the occasional bank charges incurred by the payment, within the limit of the management fees charged by Stripe. Any other fee, whatever the reason, will be charged to the customer.
Miraval Studios reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment. Miraval Studios reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
Miraval Studios reserves the right to cancel any order when the customer's IP address is located in a country different from the billing and/or delivery address.
The computerized registers, kept in Miraval Studios’ computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
ARTICLE 6: DELIVERY
The delivery is made to the delivery address indicated by the customer, being specified that this one must be the address of residence of the customer or any other physical person of his choice if it is clearly specified at the time of the order by the customer.
No delivery is assured in hotels, post office boxes or professional addresses.
The delivery of the products does not involve any expenses with the load of the customer, it is exerted on a purely free basis.
The products are delivered on the date or within the period indicated on the order form.
In the absence of any indication as to the delivery date, Miraval Studios undertakes in any event to deliver the products within twenty-one (21) days from the date of validation of the order.
Upon receipt of the order, the customer is required to check the conformity of the products received with the order placed. The customer must imperatively report any anomaly concerning the delivery, in particular in case of damaged packages (missing or deteriorated products), within three (3) days following the reception of the products to the carrier and to Miraval Studios. Any claim made more than three (3) days after receipt of the products will not be taken into account and Miraval Studios will not be held responsible in any case. The customer may be required, at Miraval Studios request, to return the non-conforming or damaged product. The return is made by post at the customer's expense. Miraval Studios reserves the right to refuse to serve a subsequent order in case of abnormal or abusive returns by the customer.
If the order is not delivered within twenty-one (21) days from the date of validation of the order, the customer will have the possibility to cancel the contract, in which case Miraval Studios will proceed to the reimbursement of the sums paid. If this delay or failure can be justified or attributable either to the customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by the regulations, in accordance with Article L. 121-20-3 of the French Consumer Code, the fault will not be attributable to Miraval Studios.
Miraval Studios cannot be held responsible for delays in delivery due to errors or disruptions attributable to the carriers (including in particular in the event of a total or partial strike of the postal services and means of transport and/or communication).
For postal shipments, in case of problem, you can contact the company Miraval Studios at the following address " https://www.miraval-studios/contact/ ".
ARTICLE 7: RIGHT OF WITHDRAWAL
In accordance with the law, the customer has a period of fourteen (14) days from the date of shipment of the package to inform Miraval Studios of the decision to withdraw, whatever the reason.
In order for the customer to request an exchange or a refund (without penalties) of the product(s), the product(s) must be returned by the customer in its original packaging and in perfect condition. The customer will have to join to the returned product a copy of the invoice or any other element allowing to identify the order of which it is about and its holder.
Items returned incomplete, damaged, deteriorated, or soiled by the customer will not be refunded or exchanged. All products that have been worn cannot be returned.
Only the customer identified as such to Miraval Studios can exercise this right, excluding any other person, and in particular the person receiving the delivery.
The return address is as follows
Miraval Studios
It is understood that the costs and risks of transport are at the customer's expense.
All refunds are made within fourteen (14) days following the return of the package.
ARTICLE 9: LEGAL GUARANTEES
Independently of the contractual guarantees above, the seller remains responsible for the defects of conformity of the sold good in accordance with the articles L. 217-4 and following of the Code of the Consumption:
The customer has a period of two years from the delivery of the goods to act;
The customer may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
The customer is exempted from proving the existence of the lack of conformity of the good during the two years following the delivery of the good.
The customer is also bound by the legal guarantee of hidden defects of articles 1641 and following of the Civil Code for which you also have a direct recourse against the seller.
"Legal guarantee of conformity" (extract from the Consumer Code)
L. 217-4. "The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".
L. 217-5. "The good is in conformity with the contract :
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
L. 217-9. "In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, given the value of the goods or the importance of the defect. In such a case, the seller is obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
L. 211-12. "The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
"On the guarantee of defects in the thing sold (extract from the Civil Code)
1641. "The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them".
1648 para. 1. The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".
For the application of the legal guarantees, you can send us an e-mail to " http://ambassadeur@beaubleu-paris.com " or write to us at the address indicated in article 7.
ARTICLE 10: APPLICABLE LAW AND JURISDICTION
The present general sales conditions are subject to French law. Any dispute shall be brought before the courts of the jurisdiction of Miraval Studios registered office. In the event of a dispute or claim, the customer must first contact Miraval Studios to obtain an amicable solution.
ARTICLE 11: PARTIAL NON-VALIDATION
If one or more stipulations of these terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
ARTICLE 12: DATA PROCESSING AND FREEDOM
The information and data concerning the customer are strictly necessary for the management of the orders, the execution, and the follow-up of the commercial relations, as well as for internal statistical purposes.
This data may be transmitted to companies involved in these relations (such as those responsible for the execution of services and orders) for their management, execution, processing, and payment. This data is also kept for the purposes of security, identification, improvement, and personalization of services.
The customer has at any time a right of access, rectification and opposition to the personal data concerning him, under the conditions provided by the law of January 6, 1978.
The customer is likely to receive, from Miraval Studios, offers concerning products or services similar to those already ordered, or newsletters. He will have at any time the right to object to these offers without any cost for the future, according to the terms and conditions specified in each mailing.