General Conditions of Sale
ARTICLE 1: IDENTIFICATION OF THE COMPANY
These general terms and conditions of sale are those of Malen Square, a limited liability company with a capital of 8,000 euros, registered with the Paris Trade and Companies Register under number 949 620 462 and whose registered office is located at 163 rue Montmartre – 75002 Paris – France, (hereinafter, the “Company”). Its Siret number is 94962046200018 and its intra-community VAT number is FR13949620462. Telephone: 01 71 24 47 08 (non-premium rate number). Email: hello@malensquare.com
ARTICLE 2: FIELDS OF APPLICATION
These general terms and conditions of sale apply, without restriction or reservation, to all sales made remotely via the Company's website accessible via the domain name www.malensquare.com and the national variations of this domain name (hereinafter, the "Site").
Sales made on the Site and governed by these general conditions are exclusively reserved for orders taken by customers who are natural persons of legal age acting as end consumers (hereinafter, the “Customer”).
These general terms and conditions of sale apply to purchases made by Customers who have their habitual residence in mainland France (including Corsica) and also apply by default to any purchase made on the Site, apart from purchases made by Customers who are subject to specific general terms and conditions of sale due to the place of their habitual residence.
ARTICLE 3: ACCEPTANCE OF CONDITIONS
The Customer necessarily accepts these general conditions of sale by placing an order on the Site.
The Company reserves the right to modify or update these general terms and conditions of sale at any time, by posting the relevant changes online. The conditions applicable to the Customer's order of an item are those in effect on the day of the order.
ARTICLE 4: ORDERING ITEMS
4.1 Creation of a Customer account
When placing their first order, the Customer can create a customer account on the Site and fill out a form whose mandatory fields to validate their registration are the name, first name, delivery address and email. To open this customer account, the Customer must provide a username (email address) and a password.
4.2 Order process
The Customer must follow the various steps specified on the Site. He must first fill his basket with the desired items, identify himself, specify the delivery and billing address, select the chosen delivery method, as well as the chosen payment method. The Customer is reminded, before placing the order, of the essential characteristics of the items that are the subject of the order as well as their price. The Customer therefore has the possibility, before definitively confirming his order, to check the details of his order and its total price, and to correct, if necessary, any errors. At the end of the order process described above, the Customer must accept all of these general conditions of sale by checking the box provided for this purpose and then clicking on the button "validate and pay for my order".
Once the Customer confirms their order, it becomes final and can no longer be cancelled or modified.
4.3 Acceptance of the order
Once the order has been definitively validated by the Company, the Customer will receive an email accepting their order summarizing all the information relating to it. Only then will the sales contract be concluded. The company may refuse an order if the payment centers indicated by the Customer refuse their agreement to the transaction. The Company also reserves the right to refuse orders for any other legitimate reason and in accordance with Article L121-11 of the Consumer Code, in particular in the event of unavailability of items, orders for items that are too large, namely ten (10), an existing dispute with the Customer or total or partial non-payment of a previous order by the Customer.
4.4 Customer Liability
The information provided by the Customer when placing an order is binding on the Customer. In the event of an error by the Customer regarding any information provided, the Customer will be liable for any resulting consequences, particularly in the event of loss of items ordered.
4.5 Archiving of the contract
In accordance with Article L213-1 of the French Consumer Code, when the amount of an order is equal to or greater than 120 Euros, the Company retains the written record of the order for a period running from the conclusion of the contract until the date of delivery of the item and for a period of ten years from this date. You then have access to this document at any time, upon request made to the Customer Relations Department whose contact details are "hello@malensquare.com", subject to being able to prove your identity.
ARTICLE 5: INFORMATION RELATING TO THE ARTICLES
5.1 Description of the articles
Each of the items offered for sale on the Site is the subject of a product presentation. The items sold on the Site are presented, photographed and described as faithfully and accurately as possible. Although the photographs and other reproductions represent the items on the Site, within the limits of technology and in compliance with market standards, errors or variations are possible. Similarly, depending on the Customer's Internet browser or computer equipment, and in particular due to technical limitations in color rendering, the colors of the items may not correspond to the actual colors. In this case, the Company may not be held responsible for non-substantial differences in the photographs of the items on the Site. The Customer is invited to consult the description of each item in addition to the photographs to learn about its characteristics.
5.2 Availability of items
Item offers are only valid if they are offered on the Site and within the limits of available stocks on the day the Customer places their order. Errors or modifications may exceptionally exist, particularly in the case of simultaneous orders of the same item by several customers. In the event of unavailability of an item after the order has been placed, the Customer will be informed by email. This email will inform the Customer, where applicable, of the item's availability date. The unavailability of one or more items does not affect the rest of the order. If the item is definitively unavailable or if the Customer does not wish to wait for the item's availability date, and if the Customer's account has already been debited, the price corresponding to this item will be refunded under the conditions described below in Article 9.3 "Delivery times" of these general terms and conditions of sale.
ARTICLE 6: PRICE OF ITEMS
The prices of the items displayed on the Site are indicated in Euros and are inclusive of all taxes (TTC), excluding any delivery charges. Delivery charges are indicated to the Customer as the items and delivery method are chosen. The total amount is indicated to the Customer at the end of the ordering process before final confirmation of the order. The Company may modify the prices at any time, but the price charged to the Customer is the one in effect at the time the order is placed, subject to the availability of the items on that date. The Customer will receive, upon delivery, for each of the items purchased, written confirmation of the price paid and the delivery charges payable by the Customer.
ARTICLE 7: PAYMENT CONDITIONS
7.1 Payment Methods
Payment for the Customer's purchases can be made:
- By bank card: only cards from the Carte Bleue “CB”, Visa, Maestro and Eurocard/Mastercard networks issued by a banking or financial institution located in the European Union are accepted;
- By American Express;
If the Customer chooses to pay by bank card, he/she guarantees to the Company that he/she is the holder of the bank card used and that the name appearing on this bank card is his/her own or that he/she has been authorized to use this bank card by its owner. The Customer provides the number of his/her bank card, its expiry date and the numbers of the visual cryptogram (or security code) appearing on the front or back of the card.
In the event of payment by bank card or American Express, the Customer's account will be debited when the order is placed.
7.2 Payment security
For all payments by bank card, the Company ensures a secure payment system and preserves the confidentiality of data by encrypting bank details during transmission.
ARTICLE 8: RESERVATION OF OWNERSHIP
The Company reserves ownership of the items until full payment of their price by the Customer in principal and interest. Payment is made upon actual receipt of the price. In the event of non-payment in full or in part of the price, the Company may, without prior notice, claim the item(s) that may have been delivered by the Company to the Customer or the recipient of the items. The risks relating to the items (risks of loss or damage) will be transferred to the Customer at the time the latter or a third party designated by the Customer, other than the carrier proposed by the Company, takes physical possession of the items.
ARTICLE 9: DELIVERY
9.1 Place of delivery
Items purchased on the Site can only be delivered to the following countries: Metropolitan France (including Corsica) (excluding Guadeloupe, Martinique, Guyana, Réunion, Mayotte, New Caledonia and the French Southern and Antarctic Territories). It is not possible to place an order for any delivery address located outside this Delivery Zone. Items will be delivered to the delivery address indicated by the Customer when ordering. The Company reserves the right to refuse to deliver items to hotels, PO boxes, or any other temporary or invalid address.
9.2 Delivery costs
Delivery costs are those indicated on our “Deliveries and Returns” page.
9.3 Delivery times
Orders are shipped with Chronopost or Colissimo and are delivered between 8am and 1pm Monday to Saturday without a signature. If the customer places their order before 2pm Monday to Friday (excluding public holidays), their package will be shipped the same day.
For more details, the Customer is invited to consult the “Deliveries and returns” page.
In the event of non-compliance with the delivery deadline, the Customer must instruct the Company to make the delivery within a reasonable additional period, by registered letter with acknowledgment of receipt to the following address: MALEN SQUARE, 163 rue Montmartre, 75002 Paris - France or by e-mail to the following address: hello@malensquare.com . If within this period, the Company has not delivered the item(s), the Customer may cancel the sale by registered letter with acknowledgment of receipt or by e-mail to the aforementioned postal address or e-mail address. The contract will be considered terminated upon receipt by the Company of the written notice informing it of this termination if the item has not been delivered between the sending and receipt of this notice. The Customer will then be reimbursed no later than 14 days following the date on which the contract was terminated. The same rules apply in the event of unavailability of the product referred to above in article 5.2 “Availability of items” of the general conditions of sale.
ARTICLE 10: RIGHT OF WITHDRAWAL [AND OTHER FREE RETURN SERVICE]
10.1 Right and legal period of withdrawal
The Customer has a legal right of withdrawal, within a period of fourteen (14) days, which he may exercise under the conditions provided for in Articles L. 221-18 et seq. of the Consumer Code if he meets the conditions of these provisions, without having to justify his decision or pay costs or penalties, with the exception of the direct costs of possible return. The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the item, or if the order relates to several items and these items have been delivered separately, the period runs after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last item. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
After this period, the Customer will no longer be able to exercise his right of withdrawal.
To exercise his right of withdrawal, the Customer must notify the Company of his decision to withdraw from the contract by means of an unambiguous statement (for example by letter sent by post or by email). The Customer may use the model withdrawal form provided, but this is not mandatory.
The decision to withdraw may be notified by mail to the following address: MALEN SQUARE, 163 rue Montmartre, 75002 Paris - France or by e-mail to the following e-mail address hello@malensquare.com . The Customer must indicate in his request for withdrawal his name, address and the date on which the item was ordered or received.
10.2 Effects of the statutory right of withdrawal
Return of items
The Customer must return the items to the Company without undue delay and, in any event, no later than fourteen (14) days following notification of their decision to withdraw, in accordance with the aforementioned conditions. The items must be returned in their original packaging, in perfect condition, complete (accessories, instructions, warranty, etc.) and the Customer must provide all necessary information to identify the purchase in question.
For return procedures, see below in the article “Return Procedures for Items”.
If the Customer uses the return label, the return costs are borne by the Company. However, if the Customer does not wish to use the return label, the return costs will be borne by the Customer.
The Customer shall only be liable for any depreciation of the item resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the item.
Refund
In the event of withdrawal by the Customer, the reimbursement by the Company includes the price of the items and the delivery costs excluding additional costs incurred by a delivery method chosen by the Customer which would be more expensive than the standard delivery method offered by the Company.
The Company will reimburse the Customer using the same payment method used when placing the order, unless the Customer expressly agrees to a different method. In any event, this reimbursement will not incur any costs for the Customer. The Company will reimburse the Customer upon receipt of the item(s) concerned by the withdrawal or until the Customer has provided proof of shipment of the item(s), whichever comes first.
Depending on the processing times of the Customer's bank, it may take up to 10 business days for the Customer's bank to issue a refund to the Customer's credit card. This time frame varies between card issuers and the Company is unable to expedite this process.
10.3 Free Return Service
The Company allows the customer to return their items free of charge within 14 days of receiving your order. If you have multiple orders, you must return them separately.
For return procedures, see below in the article “Return Procedures for Items”.
10.4 Method of returning items
Items must be returned new, unused, and with all original tags attached. The branded box must be in perfect condition and placed in a cardboard box for returning the glasses. The overall appearance will be carefully inspected upon return.
The Company does not accept items that are not received under the conditions specified above.
If you are unsure about returning your product, we encourage you to handle it carefully to avoid any scratches so that it remains in perfect condition for possible return.
Customers must try on the item without makeup. The Customer may only perform the necessary manipulations on the item they wish to return to establish the nature, characteristics, and proper functioning of the item.
To complete your return, please email us at hello@malensquare.com to request a return. We will then send you a return label.
The Customer must then print and affix the Colissimo or Chronopost return label received. The Customer must then drop off their package at a post office. Find the nearest post office here: https://www.laposte.fr/particulier/outils/trouver-un-point-d-envoi-de-colis-ou-de-retrait
If the Customer does not wish to use the return label, the item must be returned to the following address: Malen Square, 163 rue Montmartre 75002 Paris. In this case, the return shipping costs will be borne by the customer.
ARTICLE 11: LEGAL GUARANTEES -
The items sold on the Site are subject to the legal guarantee conditions provided for by articles L217-4 to L217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees.
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- Legal guarantee of conformity The Company undertakes to deliver to the Customer a product that complies with the contract and is free from defects of conformity upon delivery of said product, in the sense that the product will be suitable for the use normally expected of a similar good and that it will have the characteristics presented at the time of sale. The Company is also liable for defects 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. The Customer has a period of two years from delivery to take action. Any defects of conformity which appear within twenty-four (24) months from delivery are presumed to have existed at the time of delivery, unless proven otherwise. The Customer may choose between repair and replacement of the product unless one of these choices results in a manifestly disproportionate cost for the Company. If repair or replacement of the product is impossible, the Customer may have the price paid refunded and return the product or keep the product and have part of the price refunded. The return, replacement or refund of the product will be made at no cost to the Customer and will not prevent the possible allocation of damages if the Customer is entitled to them. The sale cannot be cancelled if the lack of conformity is minor. In all cases, it will be up to the Customer to prove that they meet the conditions of the warranty. To invoke the hidden defects guarantee, the Customer must make a request by email to hello@malensquare.com - Legal guarantee of hidden defects The Company undertakes to provide the Customer with a product free from hidden defects that would make it unfit for the use for which it is intended, or that would so diminish this use that the Customer would not have purchased it, or would have paid a lower price for it, if the Customer had been aware of them. The Customer has a period of two years from the discovery of the defect to take action. In the event of a hidden defect, the Customer will have the choice of returning the product and receiving a refund of the price and costs incurred by the sale or keeping the product and receiving a partial refund. In all cases, it will be up to the Customer to prove that they meet the conditions of the warranty. To invoke the hidden defects guarantee, the Customer must make a request by email to hello@malensquare.com These legal guarantees apply independently of any commercial guarantee that the Company may offer to Customers. |
ARTICLE 12: RESPONSIBILITY
The Company's liability is excluded for damages that are not the direct consequence of a fault on the part of the Company and in particular in the event of force majeure, as defined by French courts, in the event of fault on the part of the Client or due to an unforeseeable and insurmountable act of a third party to the contract. The Company's obligations and guarantees will be suspended for the duration of any force majeure event, as defined by case law.
ARTICLE 13: AFTER-SALES SERVICE AND AVAILABILITY OF SPARE PARTS
Some repairable items may benefit from after-sales service from the brand. For any repair request, the Customer must contact the Company's Customer Relations Department whose contact details are hello@malensquare.com .
In accordance with article L111-4 of the Consumer Code, the Company informs you that no period of availability of spare parts essential to the use of the items offered on the Site is guaranteed.
ARTICLE 14: CUSTOMER RELATIONS SERVICE
For any questions relating to browsing the Site, taking orders, the customer account, information on offers and articles present on the Site, execution of the contract (in particular concerning the tracking of orders, requests for returns and reimbursement of articles), the Customer can contact the Customer Relations Service at the contact details indicated on the page of the Site provided for this purpose and which are recalled below:
- By email to the following address: hello@malensquare.com ;
- By mail to the following address: MALEN SQUARE, 163 rue Montmartre 75002, Paris – France.
ARTICLE 15: INTELLECTUAL PROPERTY RIGHTS
The Company holds all copyright to the content of the Site. Its trademarks, logos, domain names, downloadable documents, photographic and audiovisual representations and all related distinctive signs are considered to be intellectual works over which the Company holds all intellectual and commercial property rights.
In accordance with the provisions of the Intellectual Property Code and international treaties and agreements, any reproduction, disclosure, distribution, representation, translation, dissemination, modification, transcription, partial or total, whatever the medium and whatever the process used is strictly prohibited without the express authorization of the Company. Documents may only be copied for information purposes, the copy being reserved for private use only.
Except in the circumstances mentioned above, any other reproduction and/or representation of the Site must be subject to express prior authorization from the Company. To this end, any request for authorization must be sent to the following address: MALEN SQUARE, 163 rue Montmartre 75002, Paris – France.
In addition, all trademarks cited on the Site are registered trademarks and therefore protected. Any use of these trademarks may not be made without the prior, express and written consent of their owner, under penalty of counterfeiting.
Furthermore, unless expressly agreed in writing by the Company, the user is not authorized to place on his own website a hyperlink pointing to the Site and/or to the pages it contains.
Any request for authorization must be sent to the following address:
MALEN SQUARE, 163 rue Montmartre 75002, Paris – France.
ARTICLE 16: PERSONAL DATA
Personal information, such as name, first name, email address, telephone number, delivery address, billing address and credit card number, provided by the Customer to identify themselves and place an order, are essential for the processing and delivery of orders, the preparation of invoices and any warranty contracts. This data is subject to automated processing for which the Company is responsible. Failure to provide such information will result in the cancellation of the order. By registering on the Site, the Customer undertakes to provide the Company with sincere and true information about themselves.
The Company undertakes not to communicate, assign or transfer information about its customers to third parties for their own processing, without the Customer's express consent. However, the Company may be required to transmit the Customer's personal information to a fraud prevention agency in order to carry out banking security checks.
Personal data may be transmitted to third parties, without the prior consent of the Client, if the communication is legally obligatory or necessary (for example, at the request of the police, the judiciary or other competent bodies).
The personal data collected on the Site is intended for the Company and all third-party subcontractors who provide services related to the management of the Site or the services offered therein. Thus, the Company may communicate this information to the aforementioned third-party subcontractors. In this case, these third parties will only have access to the personal data essential to the performance of the service entrusted to them.
Customers' personal data is only stored and used for the sole purpose of processing orders placed on the Site. The Company also gives Customers the option to receive information by email that may be of interest to them, including information about items sold on the Site and new products offered on the Site. The customer's email address is only used for commercial prospecting purposes with their consent. The Customer may request to no longer receive such emails from the Company at any time by clicking on the link provided for this purpose and inserted in the footer of each email received.
The above-mentioned data is kept for the duration strictly necessary to manage the commercial relationship. However, data used to establish proof of a right or contract, or kept for compliance with a legal obligation, may be subject to an intermediate archiving policy for a period not exceeding the duration necessary for the purposes for which it is kept, in accordance with the provisions in force. This period is currently ten years but may be modified if the regulations require the Company to keep it for a longer or shorter period. Subject to the above, in the event that the personal data of Customers is kept for commercial prospecting purposes, it will be kept for a maximum of three years from the end of the commercial relationship and that of prospects three years from their collection or from the last contact from the prospect.
In accordance with the Data Protection Act of 6 January 1978, the Customer has the right to access, rectify, oppose and delete all data concerning him/her entered on the Site by making a request and providing proof of identity to the following address: MALEN SQUARE, 163 rue Montmartre 75002, Paris – France.
The Customer may modify their personal information at any time by going to the Site, to the “access my account” section and identifying themselves with their email address and password.
ARTICLE 17: NON-WAIVER
The fact that the Company or the Client refrains from demanding at a given time the execution of any of the provisions of these general conditions of sale cannot be interpreted as a waiver of the right to subsequently invoke said total or partial non-execution.
ARTICLE 18: VALIDITY OF THE GENERAL CONDITIONS OF SALE
If any of the provisions of these general terms and conditions of sale is declared null and void in whole or in part, the other provisions and the other rights and obligations arising from these general terms and conditions of sale will remain unchanged and will remain applicable.
ARTICLE 19: DISPUTES - APPLICABLE LAW
These general terms and conditions of sale are subject to French law, it being specified that the Customer also benefits from the mandatory provisions of his national law which would be applicable to him if French law were not.
In the event of any difficulty arising during the ordering or delivery of items sold on the Site, the Customer will contact the Company as a priority to seek an amicable solution.
In the event of a dispute relating to the application and/or interpretation of the general terms and conditions of sale, the Customer may resort to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with Ordinance No. 2015-1033 of August 20, 2015 and Implementing Decree No. 2015-1382 of October 30, 2015, any so-called consumer dispute or litigation, subject to Article L612-2 of the Consumer Code, may be subject to amicable settlement by mediation. The Customer's request must contain the following elements to be processed quickly: their postal, email and telephone contact details as well as the full name and address of the Company, a brief statement of the facts, and proof of prior steps taken with the Company.
In accordance with the provisions of the Consumer Code concerning the settlement of disputes, Malen Square adheres to the e-commerce Mediator Service of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue de La Boétie - 75008 Paris - http://www.mediateurfevad.fr. After prior written action by consumers towards Malen Square, the Mediator Service may be contacted for any consumer dispute which has not been resolved.
Notwithstanding the foregoing, in the event of a dispute, in accordance with Regulation No. 593/2008 of 22 December 2000:
The Client may bring the matter before either the court of his place of residence or the court of the place where the Company has its registered office;
The Company may refer the matter to the court of the Client's place of residence.