Terms and Conditions of Sale
Preamble
These General Terms and Conditions of Sale (hereinafter "GTC") govern all transactions concluded between MyMy micro-enterprise, operating under the brand MYMY — Still Your Charm (hereinafter "the Seller"), and any non-professional buyer (hereinafter "the Customer") placing an order on the online sales website accessible via the Shopify platform (hereinafter "the Website").
Any order placed on the Website implies full and unreserved acceptance of these GTC. These GTC take precedence over any other document of the Customer. The Seller reserves the right to modify them at any time; the applicable GTC are those in force on the date of the order.
Article 1 — Vendor Identification
The online commercial website is operated by:
Company Name: MyMy micro-entreprise
Legal Form: Sole Proprietorship (micro-entreprise)
Sole Proprietor: Li Estelle
SIRET: 105 610 109 00016
Registered Office Address: 99 Avenue de Verdun, 92130 Issy-les-Moulineaux, France
Email Address: mymystillyourcharm@gmail.com
VAT not applicable, article 293 B of the CGI.
Article 2 – Scope of application
These General Terms and Conditions of Sale apply to all sales of jewelry made by the Seller to consumer Clients, non-professional individuals, regardless of their country of residence, via the Website. Sales to countries within the European Union are governed by applicable European consumer law. Sales to third countries (including Switzerland, the United Kingdom, the United States, Canada, and any other country outside the European Union) are also accepted, subject to the specific provisions set forth in Article 7 of these General Terms and Conditions of Sale concerning delivery and customs formalities.
These General Terms and Conditions of Sale also apply, where applicable, to the sale of gift cards issued by the Seller, which are prepaid instruments subject to specific terms of use communicated at the time of their issuance.
Any order placed on the Website implies that the Client has read and accepted these General Terms and Conditions of Sale before finalizing their order. Acceptance of the General Terms and Conditions of Sale is evidenced by the validation of the order.
Article 3 — Products and Availability
The Seller offers jewelry for sale, including rings, necklaces, and bracelets, marketed under the brand MYMY — Still Your Charm.
Each product has a descriptive sheet detailing its essential characteristics (materials, dimensions, finish). The photographs presented on the Site are as accurate as possible; however, they are not contractually binding.
Product offers are valid while stocks last. In the event of a product being unavailable after the order has been placed, the Customer will be informed by email as soon as possible. The order will be cancelled, and the Customer will be fully reimbursed within fourteen (14) days from the notification.
Article 4 — Price
Prices are indicated in euros (€), all charges included. The Seller benefits from a VAT exemption in accordance with Article 293 B of the General Tax Code, therefore no VAT is applicable and the displayed prices are the final prices excluding delivery costs.
Prices are subject to change at any time, without prior notice. The applicable price is that displayed on the Site at the time of order confirmation.
Delivery costs, separate from the product price, are indicated separately during the order process and summarized in the order summary before final validation. For deliveries outside the European Union, additional customs duties and import taxes may be payable in the destination country; these charges are not included in the displayed price (see Article 7).
Article 5 — Ordering procedures
5.1 Ordering Process
The Customer selects the desired products, adds them to their cart, then proceeds to finalize their order by entering their delivery details and choosing their payment method. An order summary is presented to the Customer before final validation.
The order is considered firm and definitive upon validation of payment. A confirmation email, summarizing the ordered products, the total price, and delivery information, is sent to the Customer.
5.2 Error Correction
The Customer has the option to correct any errors in their order at any time before final validation. It is their responsibility to check the accuracy of their order before confirming it.
5.3 Archiving
Orders placed on the Site are archived under the conditions provided by law. The Customer can access information related to their orders via their customer account or by contacting customer service at mymystillyourcharm@gmail.com.
Article 6 – Payment terms
Payment is made online, at the time of order, using the following methods:
– Credit card (Visa, Mastercard, American Express) via Shopify Payments
– PayPal
– Any other payment method offered on the Site at the time of order.
Transactions are secured by the Shopify platform's payment system. The Customer's bank details are not stored by the Seller.
The order is only taken into account after effective payment confirmation. In case of refusal, the order is automatically cancelled. The Seller reserves the right to suspend or cancel any order in case of fraud or attempted fraud.
Article 7 — Delivery
7.1 Delivery Area
Products are shipped worldwide from the Seller's shipping facility located in Marseille, France. Accepted delivery areas include, but are not limited to:
– Metropolitan France and Overseas Departments and Territories
– European Union
– Switzerland, United Kingdom, United States, Canada
– Any other country accepted by the carrier selected by the Seller.
7.2 Delivery Times
Orders are prepared and shipped within two (2) to five (5) business days from payment confirmation. Estimated delivery times, including preparation and shipping, are as follows:
– Metropolitan France: three (3) to seven (7) business days
– European Union: five (5) to fourteen (14) business days
– International (Switzerland, United Kingdom, United States, Canada, and the rest of the world): seven (7) to twenty-one (21) business days depending on the destination.
These times are indicative and may vary in cases of force majeure, customs controls, exceptional order influx, or carrier incidents.
7.3 Carrier
Shipments are made by the carrier(s) selected by the Seller. The Customer is informed of the carrier and the tracking number by email as soon as their order is shipped.
7.4 Customs Duties and Import Taxes
For any delivery outside the European Union (including Switzerland, the United Kingdom, the United States, Canada, and any other third country), the Customer is solely responsible for customs duties, import taxes, local VAT, and administrative fees that may be due in the destination country. These costs are neither included in the price displayed on the Site nor covered by the Seller. Orders are shipped under DAP (Delivered At Place) Incoterms: the Seller is responsible for transport up to the agreed destination, with import costs and formalities remaining the Customer's responsibility.
The Customer is advised to inquire with the customs authorities of their country before placing an order. The Seller cannot be held responsible for delays or blockages related to customs formalities.
7.5 Delivery Terms
Delivery is made to the address indicated by the Customer when placing the order. It is the Customer's responsibility to ensure the accuracy of this address. Costs related to reshipment due to an incorrect address provided by the Customer are borne by the Customer.
7.6 Receipt and Verification
Upon receipt, the Customer is invited to check the condition of the packaging and products. Any reservations or complaints regarding apparent damage must be reported to the carrier and the Seller as soon as possible.
7.7 Delivery Delay
In the event of exceeding the agreed delivery time, the Customer residing in the European Union may, after having formally requested the Seller to make the delivery within a reasonable additional period, terminate the contract if delivery has not taken place within this additional period, in accordance with articles L. 216-2 et seq. of the Consumer Code.
Article 8 – Right of withdrawal
8.1 Principle
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, transposing European Directive 2011/83/EU of 25 October 2011, Clients residing in the European Union have a period of fourteen (14) calendar days to exercise their right of withdrawal, without having to give reasons for their decision or incur any penalties. This period begins on the day after the product is received by the Client or by a third party designated by them.
The Seller voluntarily extends this fourteen (14) day right of withdrawal to Clients residing outside the European Union, under the same conditions.
8.2 Exclusions
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to:
– products made to the consumer's specifications or clearly personalised
– gift cards or vouchers once they have been fully used before the withdrawal period expires.
8.3 Exercise procedures
To exercise their right of withdrawal, the Client must notify the Seller of their decision by email to mymystillyourcharm@gmail.com, using an unambiguous statement. They may also use the standard withdrawal form reproduced in the appendix to these General Terms and Conditions of Sale.
The Client must return the product(s) concerned without undue delay and at the latest fourteen (14) days after communicating their decision to withdraw, to the address provided by the Seller.
8.4 Return shipping costs
In the event of withdrawal, the return shipping costs are the sole responsibility of the Client. For international returns, any customs fees related to the return are also the responsibility of the Client.
8.5 Refund
The Seller undertakes to refund the Client for all sums paid, including initial delivery costs (excluding additional costs related to the choice of a more expensive delivery method), within fourteen (14) days from receipt of the withdrawal decision. The Seller may defer this refund until the products have been actually recovered or until the Client has provided proof of shipment.
The refund will be made using the same payment method as that used for the order, unless the Client expressly agrees to another method. Customs duties initially paid by the Client in their country of destination are not refunded by the Seller.
8.6 Condition of returned products
Products must be returned in their original condition, unworn, unused, and in their original packaging. The Client may be held liable for any depreciation resulting from handling other than that necessary to establish the nature and characteristics of the products.
Article 9 – Returns for defects – Refund policy
Beyond the legal withdrawal period, the Seller accepts the return of products with a defect of conformity or a hidden defect, under the conditions provided for in article 10 of these General Terms and Conditions of Sale.
In this case, return shipping costs are borne by the Seller, after receipt and examination of the returned product confirming the reality of the alleged defect. Reimbursement of shipping costs will occur within fourteen (14) days following this examination. For international returns, only transport costs are covered; any customs duties paid upon import by the Customer remain their responsibility.
For all returns, the Customer must first contact the Seller by email at mymystillyourcharm@gmail.com to obtain shipping instructions. No return not previously authorized will be accepted.
Article 10 — Legal Guarantees
10.1 Legal guarantee of conformity
In accordance with articles L. 217-4 and following of the Consumer Code, the Seller is obliged to deliver goods that conform to the contract and is liable for any defects in conformity existing at the time of delivery. The Customer has a period of two (2) years from the delivery of the goods to take action. The defect in conformity is presumed to exist at the time of delivery if it appears within twenty-four (24) months following delivery.
10.2 Legal guarantee against hidden defects
In accordance with articles 1641 and following of the Civil Code, the Customer may take action against the Seller in the event of a hidden defect rendering the goods unfit for their intended use. The Customer has a period of two (2) years from the discovery of the defect to take action.
10.3 Implementation
To implement either of the legal guarantees, the Customer must contact the Seller by email at mymystillyourcharm@gmail.com, describing the observed defect and attaching photographs, if possible.
Article 11 — Liability
The Seller is fully liable for the proper performance of the obligations arising from the distance contract, in accordance with Article L. 221-15 of the Consumer Code. However, its liability cannot be invoked in the following situations:
– force majeure as defined in Article 1218 of the Civil Code
– unforeseeable and insurmountable act of a third party to the contract
– fault of the Client
– delay or blockage related to customs formalities in the country of destination.
The Seller cannot be held responsible for any allergic or skin reaction related to wearing jewelry outside normal conditions of use, nor for the incompatibility of products with maintenance conditions contrary to the recommendations on the Site.
Article 12 – Protection of personal data
The Seller collects and processes the Customer's personal data for order management and customer relationship purposes, in accordance with Regulation (EU) 2016/679 (GDPR) and amended Law No. 78-17 of January 6, 1978.
The collected data is used exclusively for order processing and is not transferred to third parties, with the exception of service providers strictly necessary for order fulfillment (carrier, payment platform).
The Customer has the right to access, rectify, delete, object to, and portability of their data, which they can exercise by contacting the Seller at mymystillyourcharm@gmail.com. For any additional information, the Customer is invited to consult the Privacy Policy available on the Website.
Article 13 — Intellectual Property
All elements on the Site (texts, photographs, logos, the MYMY — Still Your Charm brand, etc.) are the exclusive property of the Seller or its partners and are protected by French and European intellectual property law. Any reproduction without prior written authorization from the Seller is strictly prohibited.
Article 14 – Customer Service and Mediation
For any questions or complaints, the Customer may contact customer service by email at: mymystillyourcharm@gmail.com. The Seller undertakes to respond within a reasonable timeframe.
In the event of a dispute not resolved amicably, the consumer Customer residing in the European Union may resort free of charge to a consumer mediator, in accordance with articles L. 612-1 et seq. of the French Consumer Code. The European Online Dispute Resolution platform is accessible at: https://ec.europa.eu/consumers/odr
Article 15 — Governing Law and Jurisdiction
These General Terms and Conditions of Sale are governed by French law, without prejudice to the mandatory consumer protection provisions applicable in the Client's country of residence if the Client resides in the European Union.
Any dispute relating to their interpretation or execution shall, in the absence of an amicable settlement, be submitted to the competent French courts. In accordance with Article R. 631-3 of the French Consumer Code, a consumer residing in France may choose to bring proceedings before the court of the place where they resided at the time the contract was concluded or the harmful event occurred.
Article 16 — Miscellaneous Provisions
If any of the provisions of these GTC are declared void or unenforceable, the other provisions shall retain their full force and effect. The Seller's failure to avail itself of a provision of these GTC does not constitute a waiver of its right to avail itself of it later.