Terms of sale

 

GENERAL TERMS AND CONDITIONS

The General Terms and Conditions of Sale described below detail the rights and obligations of the site https://www.mayrah.fr –  in the context of the online sale of items.

Any order placed on the site https://www.mayrah.fr implies the full and unconditional acceptance of these General Terms and Conditions of Sale by the client, to the exclusion of all others, and express adherence to them. It is specified that the seller reserves the right to adapt these General Terms and Conditions of Sale or to modify them at any time. In this case, the General Terms and Conditions of Sale of the version on the day of the order placed by the Client will apply between the parties.

 

Article 1: Preambles

The products offered for sale by Mayrah are ready-to-wear garments and accessories available on the site https://www.mayrah.fr on the day of consultation by the customer, within the limits of available stock.

The items offered for sale are photographed, described, and presented with the greatest possible accuracy. However, differences may exist between the products and their photographs, particularly in terms of colors, which cannot in any way engage the seller's liability.
It is specified that the photographs illustrating the products have no contractual value. 

Each design is handmade in a small sewing workshop based in the United Arab Emirates. As a result, our creations may have small imperfections and a margin of error of 2.5cm on the length stated in our size guide.

The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of products or services offered by the seller Mayrah.

 

Article 2: Prices

Mayrah reserves the right to change its prices at any time. However, it commits to billing the ordered goods at the prices indicated at the time of the order registration.

The prices of the products are indicated in euros (€) all taxes included at the time of the order registration by the customer. They take into account the VAT at the rate in effect in France as well as discounts resulting from any ongoing price reduction operations (promotions, sales..).

If the VAT rate were to be modified, changes will be displayed on the price of certain products, without the customer being informed in advance.
They are guaranteed subject to a manifest error in typography or printing.
These prices are understood to be excluding the contribution of shipping costs in effect on the day of the order (set in Article DELIVERY below and recalled on the payment webpage serving as an order summary before validation by the customer).

 

Article 3a: Discounts and sales

For all products with any promotion, a free shipping offer, or pre-order, no exchange or refund will be possible and executed. Discounted items and pre-orders are therefore not accepted for returns and are not subject to return conditions. 

Article 3b: Pre-orders

 

Pre-order items are neither refundable nor exchangeable. In case of color, size errors, omissions, or defective item(s), the concerned item(s) will be replaced/resent. Delivery times vary more or less between 21/28 business days (excluding weekends and public holidays) depending on the carriers. In case of delay, please refer to Article 4 below).

 

Article 4: Delivery

    For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and amounts are not the responsibility of the Seller. They will be borne by the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the relevant local authorities. The Company reserves the right to change its prices at any time for the future. 

     Delivery charges are determined based on the weight of your order according to the following 2 shipping methods:

    THE POST OFFICE
    Our packages are delivered without a signature and delivery via Colissimo generally implies receipt within 48 hours (business days) after drop-off at the Post Office. However, we are not responsible for delays, theft, or loss of packages via the Post.

    A tracking number for the package is systematically sent to the email address of the order.

    MONDIAL RELAY

     

    Delivery via Mondial Relay is not a home/office delivery; it generally implies receiving your package within 72 hours (working days) after the package is dropped off.

    A tracking number for the package is systematically sent to the email address of the order.

    You must necessarily choose a delivery relay point, or a default global relay point will be selected close to your delivery address.

     

     

    ADDITIONAL INFORMATION

    However, we are not responsible for delays related to transport (customs, exceptionally long delays due to transport..), for degradation of the shipping packaging by the carrier, theft or loss of packages, or even the temporary closure of a Relay Point for holidays or other reasons that would delay the receipt of packages. The buyer must contact the selected carrier at the time of the order to find out more.

    We ask you to carefully check the accuracy of the delivery address; in case of return due to an error on your part such as incorrect name, incomplete or unknown address, uncollected package, or for any other reason for which we are not responsible, we will charge you again for the shipping costs to return your package.

    If for reasons not related to the carriers, or if you have not received your order after 40 working days (unless otherwise mentioned above), you can request an increased credit, a replacement of the merchandise, or a refund. 

    To do this, please use the email address contact@mayrah.fr

    We will contact you and take the necessary steps as soon as possible.

     

    Article 5 : Contract

      In accordance with the provisions of Article 1127-1 of the Civil Code, the Client must follow a series of steps to conclude the contract electronically in order to place their order; Information on the essential characteristics of the Product ; Choice of the Product, if applicable, its options – Indication of the essential contact details of the Client (identification, email, address …); Acceptance of these General Terms and Conditions of Sale; Verification of the elements of the order (double-click formalities) and, if applicable, correction of errors. Before proceeding with confirmation, the Buyer has the option to verify the details of their order, its price, and to correct any potential errors, or cancel their order. The confirmation of the order will constitute the formation of this contract; Then, follow the instructions for payment, payment for the products, and then delivery of the order. The Client will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. They will receive a copy of these general terms and conditions of sale.

      The client will have the opportunity during the ordering process to identify any errors made in data entry and to correct them. The language proposed for the conclusion of the contract is French.

      The terms of the offer and the general conditions of sale are sent by email to the buyer at the time of the order and archived on the Seller's website. If applicable, the professional and commercial rules to which the offeror intends to submit are available in the section " additional rules " of these GTC.

      The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium to constitute a faithful and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.

      For delivered products, delivery will be made to the address indicated by the Client. For the proper execution of the order, the Client agrees to provide truthful identification details. The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason.

       

      Article 6: Service

      The essential characteristics of the goods, services, and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the mode of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display, or any other appropriate method, of the prices and specific conditions of the sale and execution of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in effect indicated on the day of the order, which does not include shipping costs charged additionally. These potential costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to change their prices at any time, while guaranteeing the application of the price indicated at the time of the order.

      When products or services are not executed immediately, clear information is provided on the product presentation page regarding the delivery dates of the products or services. The client certifies that they have received a breakdown of delivery charges as well as the terms of payment, delivery, and execution of the contract, as well as detailed information regarding the identity of the seller, their postal, telephone, and electronic contact details, and their activities in the context of this sale. The Seller commits to honoring the Client's order only within the limits of available Product stocks. If not, the Seller informs the Client; if the order has been placed, and in the absence of an agreement with the Client on a new delivery date, the Seller refunds the client.

       

      Article 7: Conformity

        In accordance with article L.411-1 of the Consumer Code, the products and services offered

        The sale through these GTC complies with the current regulations regarding the safety and health of individuals, the fairness of commercial transactions, and the protection of consumers. Regardless of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects of the product.

        In accordance with article L.217-4, the seller delivers a good that conforms to the contract and is responsible for any conformity defects existing at the time of delivery. 

        In accordance with legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller exchanges defective products or issues a credit note for those that do not correspond to the order. This can be requested in the following manner: by email: contact@mayrah.fr, the product must be returned according to the conditions mentioned below. 

         Article 8: Return conditions:

        No returns are possible for pre-orders, in accordance with the following law:  " supply of goods made according to the specifications of the consumer or clearly personalized "  (Article L.221-28 of the Consumer Code)   which is the case of our company www.mayrah.fr, which makes its products to order. 


        Article 9: Payment

          Payment is due immediately upon ordering, including for pre-ordered products. The Client can make the payment by credit card. Cards issued by banks located outside of France must necessarily be international bank cards (Mastercard or Visa). Online secure payment by credit card is carried out by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport over the network.

          Once the payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Client authorizes the Seller to debit his card for the amount related to the indicated price. The Client confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately resolved by operation of law and the order is canceled.

          The Seller has implemented the necessary technical means to secure orders and payments made on its site.

          Payment for the products is made exclusively:

          • By credit card (Visa, Eurocard, Mastercard..) exclusively.
          • By Paypal account in accordance with the general terms of use

             

            Article 10: Guarantees

            In accordance with the law, the Seller assumes the following guarantees: compliance and related to hidden defects of the products. The Seller exchanges apparently defective products or those that do not correspond to the order placed. 

            The Buyer can choose between replacement (depending on stock) or a credit note for the amount of the good, subject to the conditions provided for by the aforementioned provisions. In the case of a defective item or one that does not correspond to the order, the customer is required to provide proof of the existence of the non-conformity of the good within 7 days following delivery.

             

            Article 11: Complaints and Mediation

            If applicable, the Buyer can submit any complaint by contacting the company at the following email address: mayrahsav@gmail.com

            In accordance with the provisions of articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they can resort to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.

            In case of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt independently to bring the parties together in order to reach an amicable solution.

             

            Article 12: Intellectual Property Rights

              The brands, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these general terms and conditions. Any total or partial reproduction, modification, or use of these goods for any reason whatsoever is strictly prohibited.

               

              Article 13: Force majeure

              The execution of the seller's obligations under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

               

              Article 14: Nullity and modification of the contract

              If any of the stipulations of this contract were to be annulled, this nullity would not result in the nullity of the other stipulations which shall remain in force between the parties. Any contractual modification is only valid after a written and signed agreement by the parties.


              Article 15: Protection of personal data

              In accordance with Regulation 2016/679 of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Seller implements a processing of personal data aimed at the sale and delivery of products and services defined in this contract. The Buyer is informed of the following elements:

               

              • the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these GTC; – the contact details of the data protection officer: _____ – the legal basis for processing: contractual execution –

               

              the recipients or categories of recipients of personal data, if they exist: the data controller, its marketing services, the IT security services, the sales, delivery, and order services, the subcontractors involved in the delivery and sales operations as well as any legally authorized authority to access the personal data in question – no transfer outside the EU is planned – the retention period of the data: the time of commercial prescription – the data subject has the right to request the data controller access to personal data, rectification or deletion of such data, or a limitation of processing related to the data subject, or the right to object to processing and the right to data portability – The data subject has the right to lodge a complaint with a supervisory authority – the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.

              Article 16: Applicable law and clauses

              All clauses in these general terms and conditions of sale, as well as all purchase and sale operations referred to therein, shall be subject to French law.

              The nullity of a contractual clause does not entail the nullity of these general conditions of sale.

               

              Article 17: Consumer Information

              For the information of consumers, the provisions of the civil code and the consumer code are reproduced below:

              Article 1641 of the Civil Code: The seller is liable for the warranty due to hidden defects of the sold item that render it unfit for the use for which it is intended, or that diminish this use so much that the buyer would not have acquired it, or would have given only a lower price, had they known of them.

              Article 1648 of the Civil Code: The action resulting from hidden defects must be brought by the purchaser within a period of two years from the discovery of the defect.

              In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or conformity defects.

              Article L. 217-4 of the Consumer Code: The seller delivers a good that conforms to the contract and is liable for conformity defects existing at the time of delivery.

              It is also liable for conformity defects resulting from packaging, assembly instructions, or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.

              Article L. 217-5 of the Consumer Code: The good is in conformity with the contract:

              1° If it is suitable for the usual expected use of a similar good and, if 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 light of the public statements made by the seller, by the producer or by their representative, particularly in advertising or labeling;

               

              2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

              Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is subject to a two-year limitation period from the delivery of the good.

              Article L. 217-16 of the Consumer Code: When the buyer requests the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, a restoration covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the availability for repair of the good in question, if this availability is subsequent to the request for intervention.