Terms of Sales
The company SAS SUNSEA (below the seller) is a website whose headquarters is operated at 49 rue Lamartine, 33120 ARCACHON (France). It is registered in the commercial register under the number RCS BORDEAUX 833 797 574.
Article 1: object
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the consumer.
These conditions apply exclusively to non-commercial individuals.
The sale is reserved for adults or minors with parental authorization.
Article 2: VALIDATION OF ORDERS AND ELECTRONIC SIGNATURE (law of March 13, 2000 on electronic signature):
Any order taken for a product appearing in the online store of the site www.miss-sea.com. assumes consultation and prior acceptance of these general conditions of sale. Clicking to validate the order implies full acceptance of these terms.
Article 3: PRICE
All product prices are indicated in euros, all taxes included, excluding shipping costs (see paragraph delivery terms and times).
www.miss-sea.com. reserves the right to modify its prices at any time without notice. The products will be invoiced on the basis of the prices in force at the time of order registration.
The products remain the property of www.miss-sea.com. until full collection of the price by the seller. The price is payable in full and in a single payment.
The seller reserves the right to modify its prices at any time and without prior notice.
Article 4: ORDER AND AVAILABILITY OF PRODUCTS
The customer can order on the internet via the website www.miss-sea.com.
www.miss-sea.com reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order or who presents any form of risk in its eyes.
Any order constitutes acceptance of the prices and description of the products available for sale.
The seller undertakes to honor orders received on the website only within the limits of available stocks of the products.
For all orders placed by check and transfer, stocks are not reserved. www.miss-sea.com declines all responsibility if, upon receipt of payment, the product(s) ordered are no longer available for sale.
In the absence of availability of one or more product(s) ordered, the seller undertakes to inform the customer as quickly as possible by email. The customer's order will then be automatically canceled and the corresponding amount refunded.
Article 5: PAYMENT AND SECURITY
A) Payment method:
Payment for purchases is made at the customer's choice:
- by bank card: Visa, MasterCard, Carte Bleue, American Express, Maestro.)
- by ShopPay or PayPal
a) Payment by secure credit card:
You can pay by credit card: Payment by credit card is perfectly secure. Your order will be recorded as soon as payment is accepted by the banking service. You can pay online with complete confidence by entering the number, expiry date of your bank card and the security code found on the back of your card in the spaces provided for this purpose.
Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and never pass unencrypted over the network. Payment is made directly to the bank. The seller has no access to these contact details under any circumstances, and does not keep them on its servers. This is why you are asked for them again for each new transaction on our site.
b) Payment by ShopPay or Paypal:
www.miss-sea.com. does not save any details relating to the Customer's banking information.
Payment is made according to the standards of
B) Fight against fraud:
Control of regulations:
The website www.miss-sea.com. reserves the right to check the validity of the payment, before shipping the order, by any means that the seller deems necessary (in particular the request for identity documents, proof of address, etc.).
C) Failure to Pay:
www.miss-sea.com. reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. In the event of fraud or suspicion of fraud, the seller reserves the right to remove any member without any notice or compensation.
Article 6: DELIVERY AND DEADLINES
www.miss-sea.com. delivers items all over the world.
A) Shipping:
www.miss.sea.com ships orders within 48 hours from Monday to Friday depending on the stock available in the storage area. This period may be extended in the event of repatriation of stock from stores to the area. Orders placed on a Saturday, Sunday or public holiday will be processed the first following business day.
B) Types of delivery:
- Delivery to a Colissimo relay point in Metropolitan France: It is billed to the customer at €3.99 including tax. It is free from 69€ of purchase including tax (excluding Corsica and personalized products). The delivery time is 3 to 7 working days and is done in one of the 17,000 relay points near you (tobacco store, supermarket, shops, etc.)
Specificities :
The package is delivered upon presentation of the customer's identity card. When the order is shipped, a tracking number is sent by email to the customer so that they can follow the delivery of the package.
The package will be available for two weeks at the relay point. At the end of this period, if the customer has not gone to their relay point to collect the package, it will be returned to the site www.miss-sea.com. The package will be processed upon return and automatically and systematically refunded to the customer. The items will be returned to the circuit and cannot be subject to intervention or interception of any kind. www.miss-sea.com cannot be held responsible in any way. A handling fee of 3 euros will also be charged (for processing the return), deducted from the refund itself.
Colissimo reserves the right to send the customer's package to another relay point in the same city as the one they have chosen if it is closed or unavailable. The customer will then be informed of the change of relay point by e-mail by Colissimo. We cannot be held responsible in this specific case, as well as in the case of any damage or delivery error caused by the carrier.
- Delivery by COLISSIMO in mainland France, Andorra, Corsica and Monaco: The price of delivery by the Post Office's colissimo service is €4.99 including tax (regardless of the amount and weight of the package). It is free from 69€ purchase including tax. The delivery time is 48 to 72 hours.
- Delivery in the French Overseas Territories: Delivery in the French Overseas Territories is done by the Colissimo service.
Zone OM1: Guadeloupe (including St Barthélémy and St Martin), Martinique, Réunion, Guyana, Mayotte and St-Pierre-et-Miquelon. Delivery time D+5
Colissimo without signature: €9.25
Colissimo with signature: €12.63
OM2 zone: New Caledonia and its dependencies, French Polynesia, Wallis and Futuna Islands, French Southern and Antarctic Lands. Delivery time D+5
Colissimo without signature: €11
Colissimo with signature: €18.54
These prices do not include customs fees.
.- Delivery in Europe to 30 countries
D+3 for nearby Europe and D+3 to D+7 for more distant destinations
- Zone 1: Germany, Belgium, Luxembourg, Netherlands.
Colissimo withdrawal: €7.85
Colissimo home without signature: €7.85
Colissimo home with signature: €8.37
- Zone 2: Austria, Spain (excluding specific territories), Portugal (excluding specific territories), United Kingdom, Ireland, Italy.
Colissimo collection: €9.09
Colissimo home with signature: €9.61
- Zone 3: Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland.
Colissimo collection: €10.19
Colissimo home without signature: €10.19
Colissimo home with signature: €10.71
- Zone 4: Specific territories of Spain (Balearic Islands, Canary Islands, Ceuta, Melilla), Bulgaria, Cyprus, Croatia, Finland, Greece, Iceland, Malta, Norway, Romania
Colissimo collection: €11.79
Colissimo home with signature: €12.31
- Worldwide delivery in 40 countries by Colissimo with Signature. Deadline from D+3
Zone 1: Germany, Belgium, Luxembourg, Netherlands. : €10.49
Zone 2: Austria, Spain**, Ireland, Italy, Portugal**, United Kingdom. : €11.73
Zone 3: Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland. :€11.78
Zone 4: Croatia, Finland, Greece, Iceland, Maghreb, Malta, Norway, Romania, Turkey, specific territories Spain and Portugal other Eastern European countries. :14.45€
Zone 5: Australia, Canada, China, South Korea, United States, Hong Kong, India, Israel, Japan, Russia, Singapore, Thailand, Vietnam. : €22.08
Zone 6: Africa (excluding the Maghreb), Americas (excluding the United States and Canada), Middle East, other Asian countries, Oceania (excluding Australia): €25.32
**Excluding specific territories. For any additional information, ask for our general conditions of sale.
C) Customs fees:
Customs fees are the responsibility of the customer, in full: customs fees and additional customs clearance costs (processing fees, local taxes). www.miss-sea.com cannot, under any circumstances, suffer from the assumption of its costs. The carrier, approved by the DGDDI (General Directorate of Customs and Indirect Duties) as a customs broker, is entitled to request payment of these costs in agreement with the country of delivery which delegates its authority to it. In the event that the customer validates his order and payment for it, he accepts possible customs and processing fees provided for in certain countries. This tacit agreement cannot be broken, also in the event of a refusal of delivery on the part of the customer, he will always remain liable for customs fees, and will be deducted from these in the reimbursement of his order.
D) Delivery damage
a) Input error:
From the moment the order has been validated and paid, the address can no longer be modified.
In the event of an entry error, in particular an incorrect or incomplete delivery address, the seller cannot be held responsible for the consequences in terms of delay or impossibility of delivery. The customer must provide a valid email address, failing which miss-sea.com cannot be held responsible for the resulting consequences. All costs related to the reshipment of products due to an error entered by the customer will be the sole responsibility of the customer. client.
b) Delay:
The carrier times indicated above must be taken into account from the time the package leaves our premises. We decline all responsibility for the extension of delivery times caused by the carrier, particularly in the event of a strike, bad weather or force majeure. The same applies to cases of internal delay specific to the carrier itself.
In the event of a prolonged delay in your delivery of more than 7 days beyond the maximum delivery time announced by the carrier, you will have the option to cancel your order. You will then be fully refunded within 30 days, provided you return the item to us if you have received it (we will cover the return costs).
c) Failed delivery:
In the case of a delivery failure attributable to the carrier (case not covered: customer error in entering the address, made available in another relay point at the initiative of Mondial Relay, made available in a collection point following delivery failure, holding time exceeded at a relay point or collection point), www.miss-sea.com will compensate the customer for the entire order following confirmation of return of the order or a justification of loss by the carrier. For internal operating reasons, the items contained in the order will be put back into the circuit and cannot be subject to intervention or interception of any kind. www.miss-sea.com cannot be held responsible in any way.
d) Non-receipt:
In the event of non-receipt of the package despite its delivered status visible in the delivery tracking, the customer may contact miss-sea.com at the following address: contact@miss-sea.com for further assistance. information. He will be asked for a certain number of checks as well as proof of claim from the post office. The customer must report any delivery incident within 7 days to customer service using the contact form on the website www.miss-sea.com or directly on contact@miss-sea.com.
No order can be compensated if the poor execution or non-performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure, in accordance with article L221-15 of the Consumer Code.
e) Missing or damaged product:
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of the slightest trace of impact (holes, crush marks, etc.) on the package, and if necessary refuse the package.
The exchange or refund of any product declared subsequently damaged during transport, without any reservation having been expressed upon receipt of the package, cannot be covered.
The customer is also required to report any item missing from the order which has not previously been reported as missing from it by our services. The deadline for doing this is 14 days, according to article L.133-3 of the Commercial Code, to report any damage. Beyond this deadline, the complaint will not be processed, and any possible commercial action cannot be taken by www.miss-sea.com.
In the event of receipt of a damaged product (stained, torn label, other), the customer is required to inform customer service within 2 working days following receipt of this package. After this period, reporting of the damage cannot be admissible and the company is exempt from the obligation to take commercial action.
Article 7: EXCHANGE, RETURN and REFUND
A) Deadlines:
In accordance with articles L.120-20, the consumer has a period of fourteen (14) calendar days to return products that do not suit them. We allow a period of 15 days which runs from the day of receipt of the consumer's order. For any return request, do not hesitate to contact us at contact@miss-sea.com.
B) Exchanges:
The exchange is free on www.miss-sea.com.
In the case of an exchange, the return costs will be borne by www.miss-sea.com, within the limit of six euros including tax, and only for Metropolitan France (excluding sale or promotional products). They will be covered only for the 1st exchange, if there should be another exchange, the return postal costs and a possible new shipment will then be the responsibility of the customer and not covered by www.miss -sea.com. From the moment the exchange procedure is initiated with the Customer, the Customer has a maximum period of 10 days to drop off the return package either at the Post Office or at the relay point depending on the prepaid voucher that was given to them. delivered.
The exchange does not in any way imply the reservation of an item. If at the time of receipt of the return package, the item requested in exchange is no longer available in stock, the customer will not be able to claim it. www.miss-sea.com will then offer the customer another item or a refund.
If the amount of the customer's exchange order is greater than the amount of their initial order, they can pay the difference by credit card or PayPal. Shipping of the customer's exchange order is conditional on validation of this payment.
If the amount of the customer's exchange order is less than the amount of the initial order, www.miss-sea.com will reimburse the difference within 10 working days.
Only new, clean products with their labels still attached and in perfect condition for resale will be taken back. The items should be tried on with your underwear on, with the sanitary protection stickers still in place. Any items not following this procedure cannot be returned.
Any product that has been damaged will not be refunded, returned or exchanged. In this case, no refund can be due, the customer will remain the owner of the product, which he can have returned to his address at his own expense within fifteen days. Beyond this deadline, unclaimed, non-saleable items will be destroyed. No recourse will then be possible and www.miss-sea.com will be considered exempt from any possible commercial action.
Exceptions:
C) Refunds:
In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product.
If the right of withdrawal is exercised, the seller will make every effort to reimburse the consumer within thirty days.
Repayment Terms:
Reimbursement is made:
- by credit card for customers who paid by this payment method
- by paypal for customers who paid by paypal.
As part of a refund, the costs of returning the package are your responsibility.
To note :
We kindly ask you to send us your return package to the address indicated below via La Poste by tracked delivery (tracked letter, colissimo, other). The customer is responsible for the proper provision of the return of his items until receipt on our premises. Also, if any damage can be noted (loss, theft, other) of the returned package, MISS.SEA will make all necessary efforts to compensate the customer to the extent that the customer has returned their items with all the predispositions set out above. above (package tracking, proof of return, weight of the returned package, etc.). In this case, MISS.SEA disclaims all liability, and cannot guarantee any compensation.
If you wish to be reimbursed for a previously exchanged item, we would ask you to send us the item, accompanied by your delivery slip, to the following address:
SAS SUNSEA
BP 92
40150 HOSSEGOR
Your refund will be effective upon receipt of your package and after a processing time of 7 working days.
Article 8: CUSTOMS FEES
Any order placed on the site and whose country (or region) of delivery is outside mainland France may be subject to customs duties. These customs duties are imposed by the regulations in force in the country. These taxes are the responsibility of the customer and are his responsibility. www.miss-sea.com is not required to verify and inform its customers of applicable customs duties and taxes. The customer must inquire with the competent authorities in his country before placing his order. Customs fees are the responsibility of the customer, in full: customs fees and additional customs clearance costs (processing fees, local taxes). www.miss-sea.com cannot, under any circumstances, suffer from the assumption of its costs. If the recipient refuses to pay customs duties or taxes, any sums requested and taxed from www.miss-sea.com to collect this package will be deducted from the amount of the reimbursement made to the customer. The delivery costs initially paid by the customer will also be deducted from the reimbursement amount as well as administration and management fees in the amount of 3 euros including tax.
Article 9: INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on www.miss-sea.com are reserved under copyright as well as intellectual property and for the entire world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the www.miss-sea.com site is strictly prohibited without prior agreement.
Article 10: RESPONSIBILITY
The company SAS SUNSEA, www.miss-sea.com has, for all stages of access to the site, the ordering process, delivery, customer service or subsequent services, only an obligation of means. www.miss-sea.com cannot be held liable for any inconveniences or damages inherent in the use of the internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or for any qualified fact. of force majeure, in accordance with case law.
Evidence
The computerized records kept in the information systems of www.miss-sea.com under reasonable security conditions will be considered as proof of communication, orders and payments made between www.miss-sea.com and the Customer. .
Article 11: MODIFICATION OF THE GENERAL CONDITIONS OF SALE
The seller reserves the right to adapt or modify these general conditions of sale at any time. In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.
Article 12: PRODUCT INFORMATION
Every effort has been made to ensure the accuracy of the information presented on the seller's site. The seller or its suppliers are nevertheless not responsible for the consequences, incidents, special damages resulting from electronic transmissions or the accuracy of the information transmitted even if the seller was aware of the possibility of such damages. Product and manufacturer names and brands are used for identification purposes only.
Article 13: APPLICABLE LAW
These general conditions are subject to French law. This is the case for substantive rules as well as for formal rules.
In the event of a dispute or complaint, the consumer must contact the seller as a priority to obtain an amicable solution.
Article 14: PROTECTION OF PERSONAL DATA
All the data you entrust to us is in order to be able to process your orders.
Under Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, you have the seller's right to rectify, consult or modify and delete the data you communicated to us. This right can also be exercised online.
Article 15: PRODUCT GUARANTEE
The provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects in the item sold.
The consumer is expressly informed that the seller is not the manufacturer of the products presented on the seller's site and that the seller disclaims all liability for defective products.
Consequently, in the event of damage caused to a person or to property due to a defect in the product, only the liability of the manufacturer thereof can be sought by the consumer, on the basis of the information appearing on the packaging of said product.
If you receive a defective item in your order, please send us an email with your order number to notify us of the problem. We will then do what is necessary to reship a package to you or reimburse the item.
Article 16: RIGHTS OF USE
The use of the brands present on the site is strictly prohibited.
Article 17: FORCE MAJEURE
Neither party will have failed in its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event of force majeure. Any irresistible fact or circumstance, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure.
The party affected by such circumstances will notify the other within ten business days of becoming aware of them.
The two parties will then come together, within three months, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which execution of the contract will be continued.
If the force majeure lasts for more than one month, these general conditions may be terminated by the injured party.
Expressly, will be considered as cases of force majeure or fortuitous events, in addition to those which are usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport, earthquake, fires, storms, flood, lightning, the shutdown of telecommunications networks, pandemic, wars, ...
Article 18: PARTIAL NON-VALIDITY
If one or more stipulations of these general conditions are held to be non-validated or declared as such in application of a law, a regulation, or following a final decision of a competent court, the other stipulations will retain all their validity. strength and scope.
Article 19: NON-WAIVER
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in the framework of these general conditions of sale cannot be interpreted for the future as a claim to the obligation in question.
Article 20: DISPUTES
The liability of www.miss-sea.com is, in any case, limited to the amount of the order and cannot be blamed for simple errors or omissions which may have remained despite all the precautions taken in the presentation of the items. products.
www.miss-sea.com cannot be held responsible, towards a member or a third party, for any indirect damage, any operating loss, profit or turnover, occurring in any way whatsoever. , even if this damage or loss or harm was foreseeable by www.miss-sea.com, or if its possibility had been brought to its attention.
Article 21: CUSTOMER SERVICE
For any information or questions, www.miss-sea.com Customer Service can be reached by e-mail every day of the week or via the contact form made available on the website www.miss-sea.com or by mail to SAS SUNSEA, BP92, 40150 HOSSEGOR.
