General Conditions of Sale

GENERAL CONDITIONS OF SALE

ARTICLE 1 - Scope of application

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by "MIKIZI" ("the Seller") with consumers and non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("Products") on the Website www.mikizi.com ("the Website").

They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These General Conditions of Sale may be supplemented by specific conditions, stated on the Website, before any transaction with the Customer.

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the Website and will prevail, where applicable, over any other version or any other contradictory document.

These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the Website on the date the order is placed.

Amendments to these General Terms and Conditions of Sale are binding on users of the Website from the time they are posted online and cannot apply to transactions concluded previously.

ARTICLE 2 - Products offered for sale

The Products offered for sale on the Website are as follows:

"Pet Products"

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website.

The Customer is required to read this before placing any order.

 

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Website are not contractual and cannot engage the responsibility of the Seller.

The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.

Published customer reviews may come from external sources. We strive to ensure the authenticity and veracity of the published reviews. However, we cannot be held responsible for the content or accuracy of the reviews, which are the responsibility of their respective authors and the source platform.

In accordance with the General Data Protection Regulation (GDPR), any notice containing personal information will only be published if the explicit consent of the person concerned has been obtained.

If you are the author of a review published on our site and you wish to have it removed, or if you have any concerns regarding a review, please contact us by email at: contact@mikizi.com or on our contact page .

 

The Products presented on the Website are offered for sale in the following territories:

"European Union"

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.

 

Customs duties or other local taxes or import duties or state taxes may be payable. These will be the sole responsibility of the Customer.

 

ARTICLE 3 - Duration of validity of the Product offer

Product offers are subject to availability, as specified when the order is placed.

 

ARTICLE 4 - Seller's contact details

The Seller's contact details are as follows:

 

881 232 235 00013
Rajchman Robin
5 rue Colonel Gassin - 06000 - Nice - FRANCE
contact@mikizi.com
0756923651

 

ARTICLE 5 - Orders

 

5-1 . Placing the order

It is up to the Customer to select the Products he wishes to order on the Website, according to the following terms:

 

After selecting the products and validating the basket, the Customer must choose the address and delivery method.

The Customer must then validate their payment method.

Any order constitutes acceptance of the prices and descriptions of the Products available for sale.

The seller acknowledges receipt of the order upon validation by sending an email.

 

The Customer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance. It is their responsibility to check the accuracy of the order and to immediately report or correct any errors.

An order is recorded on the Website when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and confirms their order.

This validation implies acceptance of all of these General Conditions of Sale as well as the general conditions of use of the Website .

 

The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by email, which must be sent without delay and after the Seller has received payment in full.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above, on the Website constitutes the formation of a contract concluded remotely between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller 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.

The Customer will be able to follow the progress of his order on the Website.

The Seller does not intend to sell the Products on the Website to professionals, but only to consumers or non-professionals, for their personal needs.

The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 5 identical items .

 

5-2 . Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

5-3 . Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the event of exercising the right of withdrawal or in cases of force majeure .

 

ARTICLE 6 - Rates

The Products are supplied at the current prices appearing on the Website when the order is registered by the Seller.

Prices are expressed in Euros.

 

The Seller is subject to the so-called “base franchise” regime.

 

Prices are net of VAT (VAT not applicable according to article 293 B of the General Tax Code).

The prices take into account any reductions that may be granted by the Seller on the Website.

These prices are firm and not subject to revision during their period of validity, as indicated on the Website, the Seller reserving the right, outside this period of validity, to modify the prices at any time.

They do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the Website and calculated prior to placing the order.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely at the Customer's expense.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

 

ARTICLE 7 - Payment conditions

The price is payable in cash, in full on the day the order is placed by the Customer.

The dispatch of the order and the delivery of the Products ordered are conditional upon actual payment by the Customer.

Payment is made via secure payment, according to the following terms:

• By bank cards: Carte Bancaire, Visa, MasterCard, American Express.
• By Apple Pay or Paypal.

Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the return of the corresponding amounts.

Payment data is exchanged in encrypted mode using the SSL/TLS security protocol.

Payments made by the Customer will only be considered final after actual collection of the amounts due by the Seller.

Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.

No additional costs, greater than the costs incurred by the Seller for the use of a means of payment, may be charged to the Customer.

 

ARTICLE 8 - Deliveries

Article 8.1 deadlines

The Products ordered by the Customer will be delivered in mainland France (and in the countries of the European Union) within a period of seven to twenty working days from confirmation of the order with actual payment on the Website.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.

Except in special cases or in the event of unavailability of one or more Products, the Products ordered will be delivered in one go.

If the Products ordered have not been delivered within 60 days , for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in Articles L 216-2 L 216-3 L241-4 of the Consumer Code.

The sums paid by the Client will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

In the event of non-conformity of the Product delivered, the Seller - undertakes to remedy this or reimburse the Customer, as indicated in the article - "Liability of the Seller - Guarantee".


Article 8.2 - Delivery costs

Delivery costs in France for orders with a purchase amount of less than 59 euros are 3.90 euros, beyond this amount delivery costs are free (in France only).

For deliveries to other countries in the European Union, the delivery charge is €6.90 (except in Switzerland where the delivery charge is €9.90, as well as in Monaco and Andorra, where the charge starts at €49.90 via DHL and may increase depending on the weight of the items).

Deliveries to the French overseas departments and territories may be possible, however prices vary and can be high (from €19.90 via PostNL if available, or €79.90 via DHL, prices are higher depending on the weight of the items).

Internationally, delivery costs start at €19.90, and prices may vary depending on the country.

Mikizi.com reserves the right to modify or cancel these fees at any time. This modification does not require any notification to website customers.

Article 8.3 transport

The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.

Deliveries are made by an independent carrier, to the address indicated by the Customer when ordering and which the carrier can easily access.

When the Customer has himself taken charge of calling on a carrier of his own choice, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier once he has handed over the Products sold to the carrier who has accepted them without reservation.

The Customer therefore acknowledges that it is the carrier's responsibility to carry out delivery and has no recourse under warranty against the Seller in the event of failure to deliver the transported goods.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the delivered products. He has a period of 3 days from delivery to formulate in writing (by post, email, fax) any reservations or complaints for non-conformity or apparent defect of the delivered Products (for example, damaged package already opened, etc.), with all relevant supporting documents (photos in particular).

After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).

 

ARTICLE 9 - Transfer of ownership - Transfer of risks

The transfer of ownership of the Seller's Products will be made upon acceptance of the order by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.

 

ARTICLE 10 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 10 days following notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

The right of withdrawal may be exercised online, using the withdrawal form available on the Website (below), in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other unambiguous statement expressing the desire to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.

Reimbursement will be made within 14 days (at most) from notification to the Seller of the decision to withdraw.

 

ARTICLE 11 - Seller's Liability - Warranty

The Seller (RAJCHMAN Robin - 881 232 235 00013 – 5 rue Colonel Gassin 06000 Nice) is the bearer of the legal guarantees of conformity as well as the guarantee of hidden defects.

The Products sold on the Website comply with the regulations in force in France and have performance compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions:

• of the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order,

• the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

Under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

It is recalled that within the framework of the legal guarantee of conformity, the Customer benefits from a period of two years from delivery of the goods to take action against the Seller;

The Customer may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code.

The Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product.

The Customer may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 2 years from the discovery of the hidden defects, without this period being able to exceed the five-year limitation period for contractual liability.

The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's discovery of the lack of conformity or hidden defect.

The refund will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

The Seller shall not be held liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,

• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

Products purchased on the Website may benefit, in addition to the legal guarantees of conformity and hidden defects, from a paid contractual guarantee as indicated in the description of each Product concerned, according to the terms, conditions and prices appearing in the appendix to these General Conditions of Sale (Guarantee Contract).

 

ARTICLE 12 - Protection of personal data

In application of law 78-17 of January 6, 1978 modified by law n°2018-493 of June 20, 2018, it is recalled, in accordance with the confidentiality policy of the Site , that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.

This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Website meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.

This right may be exercised under the conditions and according to the terms defined on the Website via its confidentiality notice.

ARTICLE 13 - Intellectual property

In accordance with MIKIZI's General Terms and Conditions, the content of the Website is the property of MIKIZI and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

 

ARTICLE 14 - Unforeseen circumstances

In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract with its co-contractor.

 

ARTICLE 15 - Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

 

ARTICLE 16 - Applicable law - Language

These General Conditions of Sale and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will be authoritative in the event of a dispute.

 

ARTICLE 17 - Disputes

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, the references of which appear on the Website or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The seller is a member of the following consumer mediator:

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has implemented a consumer mediation system. The selected mediation entity is: CNPM - MEDIATION - CONSOMMATION. In the event of a dispute, you can submit your complaint on its website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 Avenue de la Libération 42400 SAINT-CHAMOND

At the European level, the European Commission provides consumers with an online dispute resolution platform, the link to which the Customer can find on the Seller's website and below:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The client, noting that a violation of the general regulation on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the Data Protection Act of 1978, in order to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Data Protection and Liberties.

ARTICLE 18 - Pre-contractual information - Customer acceptance

The fact that a natural person (or legal entity) orders on the Website implies full adherence to and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

ANNEX I - Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility under the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

To comply with the contract, the property must:

• Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
• present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
• Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

 

ANNEX II - Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.mikizi.com , except for exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Conditions of Sale.

To the attention of “Seller’s Number and Street”
“Seller’s postal code”
“Seller’s City”

 

I, the undersigned, ……………………………………..(SURNAME AND FIRST NAME), residing at ……………………………. (ADDRESS), hereby notify you of my withdrawal from the contract referenced below

• Order of ……………………….
• Order number: ...........................................................
• Client Name: ...........................................................................
• Customer Address: .......................................................................

Client's signature (only if this form is notified on paper):