These General Conditions of Sale are concluded between on the one hand MB HOLDING, SASU with a capital of 1000 € registered with the RCS of St Etienne under the number 901 197 285 having its registered office at 6 rue Paul Bert, 42000 St Etienne (hereinafter "Mademoiselle Bébé"), and on the other hand any person who has made a purchase on the site www.mademoisellebebe.com hereinafter referred to as "the Customer". Any purchase on the site www.mademoisellebebe.com (hereinafter the "Site") automatically entails acceptance of all of these conditions.
Article 1. Definitions
Customer: refers to any user who purchases an Item through the Site and/or who has a personal account on the Site.
Order: means the process for the Customer to select the Items he wishes to purchase and have them delivered. An Order is finalized when the Customer has selected the Items he wishes to have delivered as well as the delivery options and when he has paid the amount to be paid. Once finalized, the Order is taken care of by Mademoiselle Bébé who will ship the Items ordered according to the terms of these GCS.
Contract: refers to these T&Cs and any special conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document which would oppose the Contract, and which would therefore be unenforceable against Mademoiselle Bébé.
Personal data: refers to all the personal information relating to the Customer, a natural person, provided by him when placing the Order.
Parties: means jointly Mademoiselle Bébé and the Users of the Site.
Articles: refers to the articles available for sale on the Site.
User: designates any natural or legal person accessing the Site, whether or not they are a Customer.
Article 2. Purpose
These general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Items offered on the Site, as these Items are defined in Article 3 below; they apply to the exclusion of any other document. Any order of an Item offered on the Site implies the Customer's acceptance of these general conditions of sale.
Mademoiselle Bébé reserves the right to modify these general conditions of sale at any time. The applicable general conditions of sale are those in force on the date the order is placed.
The User must be a duly represented legal person or an adult natural person with the legal capacity to place an Order on the Site. Otherwise, he must have the authorization of his legal representative to place an Order, which he expressly acknowledges and accepts.
Article 3. Price
All prices presented on the Site are in euros, all taxes included.
The prices indicated on the sheets of the Articles do not include their shipping costs. The lump sum contribution to the shipping costs is communicated to the Customer when placing the order, before its validation.
Mademoiselle Bébé reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of their Order. The price is payable in one go when ordering the Article.
Article 4. Presentation of articles
Mademoiselle Bébé offers second-hand clothes for children from 0 to 6 years old (the “Items”) on its website.
The Items sold are carefully selected in advance by Mademoiselle Bébé. The Items we sell are:
- Without any defect that could render the Article partially or totally unusable;
- Without stains or holes, unless otherwise stated (Imperfect condition where the defect is mentioned in the Item description);
- Clean and ironed;
- In perfect condition for everything button, press stud, zipper and other trimmings, but also for materials that are neither faded nor pilled, unless otherwise stated (Imperfect condition where the defect is then mentioned in the description of the item). Article).
All items on the site and unless otherwise stated are second-hand items. Mademoiselle Bébé cannot be held liable for any defects resulting from previous use of the Items. The Customer, by accepting these General Conditions of Sale, acknowledges that the Items are not in new condition and are therefore without warranty.
The User is informed that photographs of the Articles appear on the Site, which he may consult freely. Mademoiselle Bébé makes its best efforts to ensure that the photographs of the Items conform as closely as possible to the Items actually delivered to the Customer (color of the Items in particular). Nevertheless, Mademoiselle Bébé cannot guarantee that the Items will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site. The Customer is invited to consult the description of each Item to know its characteristics: size, brand, condition, color, price.
Article 4. Availability
Only the Items appearing on the Site on the day of its consultation by the Customer are offered for sale. Orders will be processed within the limits of our available stocks. The Customer is aware that the products offered are unique. The replacement or the exchange with identical could not be possible.
In the event of a double customer order for an Item, the order for which payment will have been received first will be honored. Mademoiselle Bébé will then notify the second Customer of this duplicate order by e-mail, and will then offer him the cancellation and refund of the said order.
Article 5. Terms of payment
The Customer pays on the www.mademoisellebebe.com website by bank card from the Visa, Mastercard and American Express networks via the Stripe secure payment platform. The Articles are payable in euros on the day of the actual order.
The terms of payment are specific to the platform of the payment provider Stripe, and are independent of Mademoiselle Bébé, which does not intervene in any way in the use of said service. In order to ensure the security of payments made online, the Customer accesses a dedicated space made available by the company Stripe, which ensures the security and recording of the payment order and the security of the payment itself. .
All terms and conditions related to payment via the Stripe payment solution are governed by the General Terms and Conditions of Use of this service, accessible at https://stripe.com/fr/legal#translation and which can be requested from the address email@example.com, which apply concomitantly to these T&Cs. Mademoiselle Bébé does not keep any of the Customer's credit card details, subject to the provisions below. Mademoiselle Bébé cannot be held responsible for any malfunction occurring on the Stripe payment platform.
By accepting these T&Cs, the Customer also agrees to be bound by Stripe's General Terms and Conditions of Use, accessible at the above address. These are subject to change by Stripe only. Under no circumstances can Mademoiselle Bébé modify the General Terms and Conditions of Use of Stripe, a service provider over which it has no control.
Mademoiselle Bébé reserves the right to suspend or cancel any Order and any delivery in the event of refusal of authorization for payment by credit card from officially accredited bodies or in the event of non-payment. Mademoiselle Bébé notably reserves the right to refuse to make a delivery or to honor an Order from a Customer who has not paid in full for a previous order or with whom a payment dispute is in progress.
The Items remain the property of Mademoiselle Bébé until full payment has been received.
Article 6. Delivery
Mademoiselle Bébé makes every effort to ensure that the order is shipped within an average of 1 to 3 days and delivered within a maximum of 10 working days from the day following payment of the order. It is specified that orders placed on the Site on Friday afternoon, Saturday or Sunday are processed the following Monday. Orders placed on the Site on a public holiday other than Friday, Saturday and Sunday are also processed the following business day, except for a special period covered by a banner on the home page with a statement such as "exceptionally, orders placed on or after today will be dispatched on (date). ".
The delivery of the Articles is carried out by:
- La Poste, by Colissimo or by Letter followed throughout Metropolitan France: to the postal address of the Customer or any other natural person registered when the order is registered. It is the Customer's responsibility to provide accurate and complete information allowing the delivery of the order within a reasonable time. If the impossibility of delivering the parcel to the Customer results from his doing, the Customer will be reimbursed the amount of his order, less the costs of processing and sending the parcel there and back.
- Mondial Relay: The Customer has the option of choosing delivery to a Relay Point. He chooses his Relay Point at the time of the order. Upon arrival of the parcel at the selected Relay Point, the Customer must bring a valid identity document to be able to collect his parcel. He has 14 calendar days to collect his package. After this period, in the event of the return of the package, the Customer will be reimbursed the amount of the order, less the costs of processing and sending the package there and back.
Delivery costs are, unless otherwise indicated, the responsibility of the Customer. The risks relating to delivery are the responsibility of the Customer from the moment the Items leave the premises of Mademoiselle Bébé. Mademoiselle Bébé cannot be held liable for the condition of the package or for delivery times.
In the event of damaged packages (open, damaged, missing item, etc.) the Customer agrees to notify the carrier and Mademoiselle Bébé, by e-mail to the address firstname.lastname@example.org , of any complaint within 3 days from delivery.
Article 7. Right of withdrawal
The Buyer has a period of fourteen working days from the date of receipt to return, at his expense and without reason, the Item(s) he has ordered. The Item(s) must be returned in its (their) packaging and its (their) original packaging to the following address: MB HOLDING – 6 rue Paul Bert – 42000 SAINT ETIENNE.
If the aforementioned conditions are met, Mademoiselle Bébé will reimburse the Buyer for the total amount of the item(s) concerned, within thirty days of receipt, with the exception of the costs of returning the Items which are the responsibility of the Customer. .
Reimbursement will only be made after verification by Mademoiselle Bébé of the returned Items. The Articles must not have suffered any damage, once they have arrived at the depot. Items whose condition has been manifestly altered since their delivery to the Customer will not be taken back.
Article 8. Guarantee and liability
Under no circumstances can Mademoiselle Bébé be held responsible for any apparent or hidden defects in the Articles or any counterfeiting of the Articles presented on its Site.
Article 9. Data processing and freedoms
Mademoiselle Bébé attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of its Customers' personal data.
As part of its commercial activity, Mademoiselle Bébé collects personal data from its Customers and in particular: email address, first name, last name, postal address, delivery address, country, telephone number, password, etc.
Mademoiselle Bébé collects and processes the personal data of its Customers for the following purposes:
- Order management
– Management of returns, exercise of the right of withdrawal, payment, invoicing…
– Information on the Company, services and activities of Mademoiselle Bébé
– Answers to any questions/complaints from its Customers
– Development of statistics
– Management of requests for the right of access, rectification and opposition
– Management of outstanding payments and litigation
In accordance with the Data Protection Act of January 6, 1978, Customers have a right of access, rectification and deletion as well as a right of opposition for legitimate reasons to the processing of their personal data concerning them appearing in the Miss Baby files. Any request must be sent by e-mail to email@example.com or to the following address: MB Holding – 6 rue Paul Bert – 42000 Saint Etienne. Customers' personal data is kept for the strictly necessary period as defined by the Data Protection Act as amended.
Mademoiselle Bébé takes care to secure the personal data of users in an adequate and appropriate manner and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged or communicated to unauthorized third parties.
Article 10. Miscellaneous provisions
10.1. force majeure
Mademoiselle Bébé will not be responsible for the total or partial non-execution of its obligations under this contract, if this non-execution is caused by an event constituting force majeure, in particular in the event of disruption or total or partial strike, in particular of postal services and means of transport and/or communication, flood or fire.
10.2. Entire contract
These general conditions of sale, the order summary and the invoice made available to the Customer form a contractual set summarizing all the agreements between the Parties.
10.3. Applicable law – Competent courts
These general conditions of sale and the contractual relations between Mademoiselle Bébé and the Buyer are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction. Mademoiselle Bébé however undertakes to seek an amicable solution before any legal action.
Effective Date: December 8, 2021