GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale govern the offer and sale of Products on the web site: www.case-scenario.com. The Products on this web site are directly sold by MISSBIBI, which is registered with the Trade and Industry Register of the Principality of Monaco under No. 11 S 05390.
1 / Definitions
The following terms will have the meanings given them below.
Buyer: The person who purchases Product(s) on the Web Site.
Consumer: Any individual who is acting for purposes which are outside of his or her trade, business or profession.
General Terms and Conditions of Sale: Terms and conditions of sale applicable to all orders between MISSBIBI and the Consumers for the supply and sale of Products.
Products: Cases for mobile digital devices and other products offered for sale and listed on the Web Site on the date the Web Site user consults the Web Site.
Web Site: www.missbibi.com.
2 / Application and opposability of the General Terms and Conditions of Sale
MISSBIBI reserves the right not to process orders received from Web Site users who are not Consumers and any other order which does not comply with these General Terms and Conditions of Sale.
2.2. Legal capacity:
To make a purchase from this web store, the Buyer must have at least 18 years old and possess the legal capacity.
All orders placed for Products featured on the Web Site suppose the prior consultation of the General Terms and Conditions of Sale by the Buyer.
3 / Contractual documents
The contract is formed by the following contractual documents:
- The General Terms and Conditions of Sale,
- The order.
The Buyer has the right to safeguard or print out these General Terms and Conditions of Sale.
4 / Orders
4.1. Information of the Products:
The photos of the Products are non-contractual, the presentation of the items and/or the packaging may change.
4.2. Availability of Products:
Products are offered subject to availability.
If a Product's unavailability is discovered after order validation, the Buyer shall have the option of cancelling its order by requesting either the reimbursement of the amounts paid within a maximum of thirty (30) days, or exchanging the unavailable Product(s).
MISSBIBI may not be held liable if Products are out of stock or unavailable.
4.3. Accuracy of information:
The Buyer certifies that the information given for the order is accurate.
4.4. Firm and irrevocable commitment:
Any order constituted a firm and irrevocable commitment and may not be challenged.
4.5. Receipt of the purchase order:
Upon placement of an order, MISSBIBI shall send the Buyer, via e-mail, a receipt of the purchase order, containing a summary of the information related to the order (the Products 'main characteristics, a detailed indication of the price and shipping costs).
5 / Payment
The prices of the Products are given in euros. They include the VAT applicable on the date of the order. The prices given do not include the shipping costs, which are invoiced in addition and specified to Web Site users before the order is confirmed and when the order is definitively validated.
Shipping costs are based on a fixed contribution on the cost of postage the Buyer has chosen and at the expense of packaging necessary for the proper preservation of its purchase.
Prices are subject to change at any time without notification. However the Products will be invoiced on the basis of the tariffs in force when the order is recorded.
All payments must be made immediately over the Internet.
Payment can be made by credit cards (the cards accepted are listed on the Web Site) or by Paypal.
MISSBIBI guarantees a secure payment for all the Buyer's transactions. Your bank details are encrypted and protected using the security system specified on the Web Site.
For deliveries outside France and Monaco, any custom fee, local tax or various statement is payable by the Buyer and is its whole responsibility.
In the event of late payment on their exact due date, any amounts owed by the Buyer shall bear interest at the interest rate applied by the European Central Bank to its most recent refinancing operation increased by ten (10) percentage points.
6 / Delivery
6.1. Delivery methods:
MISSBIBI offers different delivery methods. Please refer to MISSBIBI's shipping options and pricing contained on the Web Site.
Deliveries shall be made within the deadlines specified by MISSBIBI.
The shipping risks and costs shall be borne exclusively by the Buyer.
6.4. Check of the Products:
It is the Buyer's responsibility to check the Products and to make any reservations on delivery and to make claim against the carrier within the time prescribed.
6.5. Damage due to transport:
In the event of damage incurred during transport, the Buyer shall precisely mention its reservations on the delivery slip, repeat them to the carrier by registered letter with acknowledgement of receipt within three (3) days of the delivery (public holidays included) and inform MISSBIBI thereof in writing within eight (8) days of delivery.
7 / Return Right
The Buyer may return Products purchased on the Web Site, without any penalty and without specifying the reason within seven (7) days of receipt of the Products purchased on the Web Site.
The only costs the Buyer will bear are the shipping costs of the return.
The return right shall be deemed correctly exercised once the following conditions have been fully met:
- The Products must not have been used, nor damaged.
- The Products must be returned in their original packaging.
- Return items must be shipped back to MISSBIBI within seven (7) working days from the date the package was delivered to the Buyer, at the following address: MISSBIBI Lilliputienne 23 r Valois 75001 PARIS
If the return right is exercised in conformity with the provisions set forth in this paragraph, MISSBIBI shall refund the sums paid for the Products as soon as possible and in any case within thirsty (30) days from the date on which the Buyer has exercised its return right.
8 / Guarantee
8.1. Duration and scope:
The Products are guaranteed against manufacturing defects for one (1) year from the date of purchase, provided that storage and use of the Products take place in normal conditions and in accordance with MISSBIBI's user instructions. This guarantee is not applicable if the Product(s) have been deteriorated or been destroyed because of, in particular, bad use or failure to respect user instructions or a non-conforming use of the Product(s) or an accident. The MISSBIBI guarantee covers exclusively the manufacturing defects of its Products and excludes, notably, from its scope of application any damage, prejudice and, more generally, any direct or indirect consequence which would result from bad use or failure to respect user instructions or a non-conforming use of the Product or an accident.
8.2. Guarantee' application:
In order to have the guarantee apply, the Buyer should return the Product for examination to MISSBIBI at the following address: MISSBIBI, 74 Boulevard d'Italie, Bat E/F, 4th Floor, 98000 Monaco. The Product must be accompanied with its invoice. MISSBIBI will then proceed to examine the Product. If the Product has a manufacturing defect, MISSBIBI will decide either to repair or replace the Product. If the Product does not have a manufacturing defect, MISSBIBI will suggest to the Buyer to repair or replace the Product at the Buyer's expense.
Any return to MISSBIBI for examination will be handled by the Buyer who will ensure that the Product's packaging is appropriate, that the Product is insured, if necessary, and that the shipping costs are paid. Any return is at the expense and risk of the Buyer, without MISSBIBI bearing penalties or compensation of any kind.
Subject to legal provisions, this guarantee can never entail, on the part of MISSBIBI, a responsibility exceeding the price excluding tax of the Product in question.
8.3. Legal guarantees:
This sales guarantee applies without prejudice to the legal guarantees.
9 / Intellectual property rights of the Products
The Buyer expressly undertakes to respect the intellectual property rights pertaining to the Products and their documentation.
10 / Force majeure
10.1. The parties shall be released from their obligations in the event of force majeure, i.e. any event beyond their respective wills or which is partly beyond their control. Force majeure events shall include but not be limited to the following:
- Ban on export or import imposed by a government authority,
- Industrial conflicts that lead to a general or sector based strike,
- Disturbance that block means of transport or supplies,
- Interruption in the communication networks,
- Any abnormal event that makes the performance of the agreement abnormally expensive or difficult.
10.2. If the effects of a force majeure event last more than three (3) months, each of the parties may terminate the order the delivery of which has thus been delayed. Said termination shall take effect by operation of law within fifteen (15) days of receipt of a registered letter with acknowledgement of receipt or any like formality.
11 / Liability
In no event shall MISSBIBI be liable of breaches caused by an event of "force majeure", by a third party or by the Buyer itself. The liability of MISSBIBI is excluded for any indirect damages.
12 / Governing Law and Jurisdiction
These General Terms and Conditions of Sale are governed by the Monacan law.
Any dispute between the parties in connection with the formation, validity, performance, interpretation and/or extinction of each sale shall be expressly referred to the jurisdiction of the Courts of Monaco.
13 / Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time, taking into consideration news laws and regulations, but not limited thereto. The new General Terms and Conditions of Sale shall be effective as of the date of publication on the Web Site.