ARTICLE 1 : REGISTERED OFFICE ET PREAMBLE :
1.1 : Information about the company : Manuela Biocca Créations, company for and on behalf of Manuela Biocca.
Head office address and mail : 4 Rue Milton, "Le Soleil d'Or”, 06400 Cannes, France
Tel: +33 (0)4 93 30 02 82 (between 10 h00 and 19h00 from Monday to Friday)
Miss Manuela Biocca, 4 Rue Milton, "Le Soleil d'Or", 06400 Cannes, France, Siret N° 793 246 307 00011.
1.2 : The present general terms of sale are concluded between, on the one hand, Biocca Manuela for www.manuelabiocca.com/shop, a fashion accessories distance selling website, company registered at 4 Rue Milton, "Le Soleil d'Or", 06400 Cannes, France- Siret N°793 246 307 00011, and on the other hand, buyers, private individuals or entities wishing to acquire the designs of this company through the website www.manuelabiocca.com.
ARTICLE 2 : PURPOSE :
2.1: These terms of sale aim at defining the contractual relationship between, on the one hand, the Manuela Biocca company, selling its fashion accessories designs , and on the other hand, the buyer, either professional or individual, and the applicable conditions to any purchase made through the online shop www.manuelabiocca.com/shop The acceptance of these general terms of sale and thus the acceptance of rights and duties of the parties, have the value of a hand-written signature, committing them specifically.
2.2: Purchasing an item through this website implies the unreserved acceptance by the buyer of these terms of sale. No orders will be possible without prior approval of these terms.
2.3: These terms of sale shall prevail over any other general and particular terms that are not specifically approved by Manuela Biocca, the designer.
2.4: Manuela Biocca reserves itself the right to modify these terms of sale at any time when changes in law, regulations or court decisions occur. In this case, the applicable terms will be the current terms at the date of the buyer’s order.
ARTICLE 3: PRODUCT CHARACTERISTICS :
3.1 : Products and services supplied by Manuela Biocca are those listed on www.manuelabiocca.com/shop.It is however possible to place a personal order which is not listed on this same website. The order may be placed thanks to the contact details specified in paragraph 1.1.
3.2: These products and services are supplied within the limits of available stocks, as clearly specified on the product sheets. They are unique items or limited edition designs. These goods may already be in stock or made-to-order.
3.3: Each product features a detailed description, with technical and visual characteristics, which are necessary for the purchase of the Manuela Biocca designs.
The photographs displayed on the site have been produced in order to reflect as best as possible the appearance of the products but can in no way guarantee a perfect similarity with the supplied item, especially as regards the colors that may vary from one screen to another. It is the client’s responsibility to adjust the computer screen to get the best product and website visuals using a calibration probe and / or a contrast and color grid such as those below http://www.photographe-de-mode.com/calibration-ecran.htm.
ARTICLE 4: ORDERING AND CONTRACTING:
4.1 : Any buyer wishing to purchase a Manuela Biocca design on the website must proceed through the 5 steps that are required to place an order:
- Shopping basket: Go to the shopping cart summarizing the designs selected by the buyer where a discount code or a gift certificate number can be entered in the relevant fields. The buyer should verify that the items shown in the shopping cart are the ones that they actually chose to acquire.
- Billing and delivery address: Enter the contact details and the delivery address for the order. Customers have to check that the name and address details are the correct delivery details wanted by the customer. Should incorrect delivery details be entered in the order form, Manuela Biocca shall not be taken responsible when unable to deliver the package.
- Shipping: Check the suggested method of delivery.
- Payment: make payment of the goods by credit card, bank transfer or PayPal by entering your credit card details or log in to your PayPal account. You do not need to register or have a PayPal account to use it as payment method.
- Order Confirmation: Confirm the whole order after checking all the data shown on this summary.
Complete the order by confirming it.
Should the customer find any error in the captured data, these can be modified at any time. In order to do so, use the menu icons to make corrections and to confirm the order after all the details have been re-checked.
4.2: Confirming the order implies the acceptance of these terms of sale, the recognition of having perfect knowledge of them and the renunciation of one’s own terms of purchase or other terms.
All provided data and the saved confirmation notice will apply as a proof of the transaction. The confirmation will apply as a hand-written signature and acceptance of the transactions. All orders are considered as firm and cannot be canceled without the consent of Manuela Biocca according to the terms mentioned in these general terms of sale.
4.3: At the moment of your order checkout, you will need to create a www.manuelabiocca.com account, by entering your personal details.
After submitting your order you will receive several emails confirming your order and informing you of its progress as well as the tracking number. You can check the tracking number of your package (Colissimo package, signed for and insured package for France, Andorra and Monaco or a Priority Air Mail with tracking number, signed for and insured package for countries outside France) by logging into your account / My orders / Details. This tracking number allows you to track your package via the service of La Poste: http://www.colissimo.fr/particuliers/home.jsp.
The payment will be made to Biocca Manuela, the designer.
Beware: Should you not see these emails in your inbox please check they are not in the junk section of your email account.
When your package is delivered, another email will be sent stating that the order is completed.
4.4: The designer Manuela Biocca reserves itself the right to cancel any order from a customer who previously would not have honored their purchase contract towards Manuela BIocca.
4.5: From 2015, Manuela Biocca has created the following loyalty program to reward its loyal customers: for every purchase of 10 €, you accumulate 1 loyalty point. Each point permits to have a 0.40 € discount in your future purchases. These points are valid for 365 days and can be used for a minimum order of 100 €.
Each product sheet specifies the gain you cumulate when you buy each design.
ARTICLE 5: PRICES:
5.1: The prices shown on www.manuelabiocca.com/shop are prices in Euro.
Thus, whatever their origin, all orders are payable in Euro only.
5.2: Manuela Biocca reserves itself the right to change prices at any time. It is however understood that the price listed on the site at the time of the order is guaranteed and will be the only one applicable to the buyer. Prices may be modified in case of promotion (in this case, the former price will be shown), price increase in raw material, economic factors ...
5.3: The Manuela Biocca designs remain the property of Manuela Biocca until full payment is received.
5.4: Discounts, rebates, and reduced prices are not possible except for the offers clearly specified on the concerned product sheets.
5.5: Gift Cards: Gift cards are only valid on the Manuela Biocca website, www.manuelabiocca.com, for a period of one year from the date of purchase. They are indivisible and can only be used once by its owner.
A gift card cannot be paid back in cash under any circumstances.
Should the gift card be lost by its owner, Manuela Biocca will not be taken responsible for the loss.
ARTICLE 6: DELIVERY CHARGES:
6.1: The shipping costs are not included in the design prices and are offered free of charge by Manuela Biocca for metropolitan France, Andorra and Monaco only. The parcel will be sent via priority air mail (Colissimo signed for and insured package, with tracking number), which guarantees the security of the shipping thanks to the tracking number and the delivery against signature.
6.2: The parcels will be sent outside France by priority air mail (signed for and insured package, with tracking number), which guarantees the security of the shipping, thanks the tracking number and the delivery against signature. Delivery charges outside the French territory, Andorra or Monaco are calculated according to the total weight of the package by the current postal rates.
Orders over 1,000 Euro will be delivered free of charge.
6.3: Custom fees:
Orders placed outside France may be subject to customs fees. The customer is responsible to get information about any applicable duties and taxes. We recommend to request information with the relevant authorities in your country. Manuela Biocca will therefore not be liable for any costs that the customer might have to pay.
ARTICLE 7: PAYMENT TERMS:
7.1 : The price is payable at the moment of the order.
7.2: Payment will be made through PayPal or bank transfer and will be made through the secure system that uses SSL “Secure Socket Layer” so that the transmitted information is encrypted by a software ensuring no one can peruse them at the moment of the transit over the network.
The account details are in no case stored and need to be entered again for the next order.
The buyer's bank account will be charged immediately at the moment of the order. An invoice will be included in the delivered package.
7.3: The designer Manuela Biocca reminds clients that anyone using a credit card-bank account must be authorized to use that credit card-bank account and that the funds should be sufficient to ensure payment at the moment of the order.
ARTICLE 8: CANCELLATION RIGHT AND STATUTORY CANCELLATION PERIOD - TERMS OF REFUND:
8.1 : Buyers, non-professional individuals, benefit from a statutory 14 day cancellation period from the delivery of their order to return the product to the retailer in order to exchange the goods or to be refunded without penalty, excepting the cost of return. If the last day of the cancellation period should be on a Sunday, the deadline would be extended to the following Monday.
This cancellation period and the return of the designs is not applicable for the corsets – underbust corsets – corset belts, clothes (except unique pieces) that are designs that are made to order, to the specific waist size of the client and handmade.
The cancellation period and the return of the designs remains nevertheless possible for designs that are unique pieces, one size designs such as jewelry, bags and accessories, hats, bracelets, hair accessories, spats and garters, cloaks and one size belts.
8.2: Ordered items must be returned via priority air mail (signed for and insured package, with tracking number), unworn, unwashed, in their original packaging without any defects due to mishandling and without stains to: Biocca Manuela, 4 Rue Milton, Le Soleil d'Or, 06400 Cannes, France.
Items will be carefully checked before any refund is processed. Our fashion designs are traditional production luxury goods in limited edition or unique item designs, requiring a perfect condition of return.
However, if the items are not returned to our premises in their original condition, no refund or exchange will be done.
8.3: Please contact us before making any return providing your contact details and your invoice number by email (email@example.com).
8.4: The Return of the goods will only be made by Priority air mail (signed for and insurance, with tracking number) in order to secure the return of these items. Otherwise, the customer shall be responsible for any lost package, in which case the items shall be non-refundable.
We urge you to take insurance at the moment of the shipping: if the parcel reaches back our premises in a damaged condition and that consequently the goods within have been damaged, we shall not be able to process a refund or an exchange.
8.5 : The buyer will be refunded for their purchase as soon as possible and no later than 14 days from the date Manuela Biocca is informed, by PayPal, bank transfer (minus bank charges) or by providing the customer with an asset value of the order amount.
8.6: If the buyer wants to make an exchange, they shall inform us before returning the item they wish to exchange. We will reply via email or phone as soon as possible.
In this case, if your choice is a less expensive good, the difference will be refunded. If the item is more expensive, the payment of the difference will be asked for.
The return of the goods will be chargeable to the customer.
8.7: It is possible to require the services of Manuela Biocca to make a custom order. She will put all her savoir-faire and advice to your services to achieve your project.
A custom order is a private making and not made for a commercial aim, not intended for sale or other commercial aim such as the development of prototypes.
If the order requires the making of a mock-up for a corset or any other fashion accessories, this one is a paid service, non-refundable and not deductible from the price of the final design.
Any change of weight or shape happening between the order and the final design is not part of our liability but the one of the client. If this change happens between the taking of measurements and the fitting of the mock-up, the making of the pattern and of the mock-up will be charged again.
The pattern, the mock-up and the sketches remain the property of the designer.
In the case of a personalized order, the statutory 14 days’ cancellation period is not valid as a result of the customizing of the order. Therefore, no returns will be possible.
8.8 :The order of prototypes remains nevertheless possible but is regulated by a special contract, written expressly and subject to copyright.
ARTICLE 9: DELIVERY AND GEOGRAPHICAL AREA:
9.1: Deliveries are made to metropolitan France, Andorra and Monaco, and in most parts of the world.
9.2: Deliveries are made to the address indicated at the moment of the order by the customer and that can only be located in the agreed geographical area.
9.3: The majority of Manuela Biocca designs are made-to-order:
The item will be shipped after 7 working days of manufacture from the date of the order as far as all items are concerned except Victorian jewelry, hair accessories and hand jewelry, for which production time is 3 working days.
If the order requires the manufacture of several items, Manuela Biocca will expand its production time to 10 working days and 7 working days for Victorian jewelry, hair accessories and hand jewelry.
Is these delivery terms were not respected, the client has the right to cancel his order and ask for its refund.
9.4: The delivery terms mentioned above do not take into account the delivery time of the goods from the manufacturing premises to the place of delivery chosen by the customer.
Delivery time announced by the Post Office are 48 hours for France, Andorra and Monaco, 6-8 business days for the French overseas departments and territories (DOM-TOM), 5 -10 working days for other countries in the European Union and the rest of the world.
These delivery time limits are only approximate. A delay in the delivery of the order due to the carrier cannot be attributed to Manuela Biocca. No order can be cancelled for this purpose.
9.5: Any risks are liable to the purchaser from the moment the goods have left the Manuela Biocca’s premises.
9.6: You must ensure of the good condition of the package before signing the delivery note. If the parcel is in poor condition, you should make handwritten reservations and then sign the delivery note.
In case of damage during transportation, complaint must be made with the carrier within three days after delivery by letter with acknowledgment of receipt stating claims and sending a copy to Manuela Biocca also with acknowledgment of receipt to Biocca Manuela, 4 Rue Milton, Le Soleil d'Or, 06400, Cannes, France.
9.7: If the customer is not present during the delivery of the package, they should check their mailbox for a delivery note from the Post Office in order to go and retrieve their package at the post office indicated on this notice. The designer recalls that packages are stored 15 days by the Post Office.
If you find that your parcel is not delivered within the normal time limits, check the tracking of the package to verify whether it is not in transit or being delivered. Otherwise, please contact us as well as the carrier in order to launch a search for your package.
If Manuela Biocca should receive a package that has not been retrieved at the post office by a customer, delivery charges will be billed to the customer to send it again.
ARTICLE 10: WARRANTY AND AFTER SALES SERVICE:
10.1: All the Manuela Biocca designs are made with “savoir-faire” and great care. These designs are faithful to the contract between the client and Manuela Biocca. The products are systematically checked and photographed before shipping.
10.2: All products supplied by the seller are covered by the legal guarantee provided by the Article 1641 of the French Civil Code concerning hidden defects making the items unfit for use.
The warranty does not cover any product failure linked to an abnormal use by negligence or fault from the customer.
10.3: Any claims, exchange, repair or refund requests must be made by email (firstname.lastname@example.org).
This email must mention the order number, contact details (name and address), the references and names of the designs that you wish to send back, as well as the motive of the return.
10.4: Quality charter - If the chain of a necklace is broken, if you lose a gemstone, a jewel, a piece of lace, if you need a new ribbon for your corset, etc… feel free to send me an email (email@example.com) or give me a phone-call (+33 (04) 93 30 02 82) to check if your design can be repaired.
If it requires a small repair, I offer it to you. If the repair is more important or if too much supplies are needed, we will make a quotation.
A repair that requires to send the designs to the studio (with tracking number and signed for) and the sending back of the design are payable by you.
10.5: Ordered items must be returned via Priority air mail (signed for and insured air mail, with tracking number), unworn, unwashed, in their original packaging without any defects due to mishandling and without stains to: Biocca Manuela, 4 Rue Milton, Le Soleil d'Or, 06400 Cannes, France.
Items will be carefully checked before any refund or exchange is processed. Our fashion designs are traditional production luxury goods in limited edition or unique item designs, requiring a perfect condition of return.
However, if the designs do not return to our premises in their original condition, no refund or exchange will be done.
10.6: No protests will be possible if the objects are faithful to the product description.
If the items received are not those you have ordered, the costs of return will be at our expense.
10.7: Every refund is made through PayPal or bank transfer (minus bank charges).
ARTICLE 11: LIABILITY AND INTELLECTUAL PROPERTY:
11.1: The seller, in the process of selling online, is only bound by an obligation of means, their liability cannot be committed for any damage resulting from the use of the Internet such as data loss, hacking, virus, service breakdown, or other unintended problems.
If you encounter a technical problem to place your order, you can contact us by phone or email.
11.2: All the elements of the Manuela Biocca website remain the exclusive and intellectual property of Manuela.
No one is allowed to reproduce, use, broadcast, or use for any purpose whatsoever, even partially, the elements of the site, whether software, video or audio.
The designs presented are also the property of Manuela Biocca. It is thus prohibited to reproduce them.
ARTICLE 12: PERSONAL DATA:
12.1: In accordance with the January 6th 1978 law relating to data processing, files and freedom, information with personal details of buyers provided when ordering will be processed by an automated system. These details will be only transmitted for the good progress of orders, that is to say exclusively to process the purchase and delivery by service providers or to personalize the commercial offer reserved to the clients.
These data are stored for 10 years from the last online order.
12.2 : The automated processing of information, including the management of e-mail addresses of users of the website has been declared to the CNIL on ... ... ... ... registered under number ... ... ... ...
12.3 : Users have of course a right to access their data, may correct them or cancel them, according to the law of January 6, 1978. For purpose, simply send us a letter to Biocca Manuela, 4 Rue Milton, Le Soleil d'Or, 06400 Cannes, France.
ARTICLE 13: ARCHIVE - PROOF:
13.1: Manuela Biocca will archive order forms and invoices on a reliable and durable format constituting a faithful copy, in accordance with the article 1348 of the French Civil Code.
13.2: The Manuela Biocca computerized registers will be considered by the parties as proof of communications, orders, payments and other transactions between the parties.
ARTICLE 14: APPLICABLE LAW AND DISPUTE SOLUTIONS:
14.1: These general terms of sale are subjected to the French law whatever their substance or their form.
14.2: The language of this contract is French.
These conditions are available in English on the English site. Only the general terms of sale drawn up in French are applicable.
14.3: In case of dispute between the parties, the court of Cannes shall be exclusively competent.
However, the customer must first contact Manuela Biocca, a company caring about customer satisfaction, in order to jointly reach an amicable compromise.