VII. Consumer Right of Withdrawal
In accordance with current legal provisions, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise their right of withdrawal with the Seller, MIMI TIKA, without having to justify reasons or pay any penalties, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days from the day of effective receipt of the order. The Company undertakes to refund the entire Order (including shipping costs, if applicable) and offers free return shipping.
Damaged, soiled, or incomplete Products will not be accepted for return.
The Consumer has a right of withdrawal for fourteen (14) days from the placement of the Order, except for contracts mentioned in Article L.221-28 of the French Consumer Code. They then have 14 days following the communication of their decision to withdraw to return the product.
To exercise this right of withdrawal, the Consumer has up to fourteen (14) days after receiving their Order to send a withdrawal declaration to the email address: email@example.com, indicating in the subject line: "Request for Withdrawal - Order #YourOrderNumber".
The products must be returned to the following address: MIMI TIKA, Customer Service, 107 rue Lagrange, 33000 Bordeaux, France
If the products are not returned within the fourteen (14) day period, the Order is deemed final, and no refund can be made, except in cases provided for in these Terms and Conditions.
The Customer will be refunded the full amount paid for placing the Order within fourteen (14) days following the receipt of the returned Product(s).
The refund will be made using the same payment method used for the purchase.
The burden of proof for exercising the right of withdrawal lies with the Customer. The Customer's liability is only incurred with regard to any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.
VIII. Transfer of Risks and Ownership
The Company retains ownership of the Products sold until full payment of the price by the Customer, regardless of the date of delivery of said Products. The Company may therefore repossess the Products in the event of non-payment. In this case, the down payments made will remain with the Company as compensation.
For Professional Customers, the transfer of risks to the Customer occurs upon delivery of the goods to the carrier by the Company. For Consumer Customers, the transfer of risks occurs when the Customer physically takes possession of the Products, i.e., upon delivery.
IX. Legal Guarantees
The Products sold on the Site comply with the current regulations in France and have performances compatible with non-professional use. In accordance with Article L. 217-4 of the French Consumer Code, MIMI TIKA is obligated to deliver a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when it was responsible for these under the contract or when they were carried out under its responsibility. In accordance with Article L. 217-5 of the French Consumer Code, to be in conformity with the contract, the Product must (i) be suitable for the customary use of a similar good and, if applicable, correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model and present the qualities that a buyer can legitimately expect in view of the public statements made by MIMI TIKA, particularly in advertising or labeling, or (ii) have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the knowledge of MIMI TIKA, and accepted by the latter.
The Products provided by MIMI TIKA benefit automatically and at no additional cost, independent of the right of withdrawal, from (i) the legal warranty of conformity for apparently defective, damaged, or non-compliant Products, and (ii) the legal warranty against hidden defects arising from a defect in material, design, or manufacture that renders the delivered Products unfit for use, under the conditions and according to the procedures set out in the enclosed document and defined in the annex to these Terms and Conditions.
It should be noted that, within the framework of the legal warranty of conformity, the Customer:
- has a period of two (2) years from the delivery of the Product to take action against MIMI TIKA;
- may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the Product for six (6) months following the delivery of the Product. This period is extended to twenty-four (24) months from March 18, 2016, except for used goods.
The legal warranty of conformity applies regardless of any commercial warranty that may cover the Product. The Customer may decide to enforce the warranty against hidden defects of the Product in accordance with Article 1641 of the French Civil Code; in this case, they can choose between canceling the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
In order to assert their rights, the Customer must inform MIMI TIKA in writing of the non-conformity of the Products within a maximum period of two (2) years from the delivery of the Products, or the existence of hidden defects within the aforementioned time limits, and return or bring the defective Products to the store in the condition in which they were received, with all elements (accessories, packaging, instructions, etc.).
MIMI TIKA will refund, replace, or repair the Products or parts under warranty that are deemed non-compliant or defective. Shipping costs will be refunded based on the invoiced rate, and return costs will be refunded upon presentation of supporting documents, up to the invoiced rate indicated on the invoice of the Order.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than fourteen (14) days following the discovery by MIMI TIKA of the lack of conformity or hidden defect. The refund will be made by crediting the Customer's bank account or PayPal account.
MIMI TIKA's liability cannot be incurred in the event of non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to verify, or in the event of misuse, negligence, lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, an accident, or force majeure.
MIMI TIKA's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
The replacement of Products does not extend the warranty period.
The Company reserves the right to modify the Site, the Terms and Conditions, as well as any delivery procedure or other element constituting the services provided by the Company through this Site.
When an Order is placed, the User is subject to the provisions set out in the current Terms and Conditions.
XI. Data Protection and Privacy
In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, the personal data requested from the Customer are strictly necessary for the processing of their Order and the issuance of invoices.
This data may be communicated to MIMI TIKA's potential partners responsible for the execution of Orders.
The processing of information communicated through the Site complies with the legal requirements for the protection of personal data, and the information system used ensures optimal protection of this data. This data processing has been declared to the CNIL (French data protection authority).
In accordance with the French Data Protection Act of January 6, 1978, as amended and supplemented by the General Data Protection Regulation ("GDPR"), which came into effect on May 25, 2018, the Customer has the right to access, rectify, oppose, limit, erase, and port their personal data at any time by writing, by mail and providing proof of their identity, to the following address: firstname.lastname@example.org or by postal mail to the following address:
Customer Service, 107 rue Lagrange, 33000 Bordeaux, France, indicating in the email subject line "Personal Data - First Name Last Name".
You can register on a telephone solicitation opt-out list (BLOCTEL).
MIMI TIKA cannot be held liable for the unavailability, whether temporary or permanent, of the Site. Although the Company makes every effort to ensure the continuous operation of the service, it may be interrupted at any time. Furthermore, the Company reserves the right to deliberately make the Site unavailable in order to carry out any necessary updates, improvements, or maintenance operations.
XIII. Intellectual Property
The brand, logo, and graphic design of this Site are registered trademarks with the INPI (National Institute of Industrial Property) and works protected by copyright, exclusively owned by MIMI TIKA. Any dissemination, exploitation, representation, or reproduction, whether partial or complete, without the express authorization of MIMI TIKA, is strictly prohibited and may subject the infringer to civil and criminal proceedings.
MIMI TIKA owns all intellectual property rights related to the Site and its constituent elements and has the necessary licenses. It holds all intellectual property rights and derivative rights related to the concepts and editorial content used and/or disseminated on the Site. In general, no provision of these Terms and Conditions can be interpreted as conferring on the Customer, expressly or implicitly, any rights (under a license or by any other means) to the names, trademarks, acronyms, logos, and other distinctive signs of MIMI TIKA, except for the rights held by MIMI TIKA's suppliers and partners on the visuals of their Products, their trademarks, and logos presented on the Site.
Furthermore, MIMI TIKA retains ownership of all intellectual property rights in the photographs, presentations, drawings, and models made for the provision of Products to the Customer. The Customer is therefore prohibited from reproducing or exploiting these elements without the express, written, and prior authorization of MIMI TIKA, which may be conditional upon financial compensation.
XIV. Applicable Law - Language
These Terms and Conditions and the operations arising from them are governed by and subject to French law.
These Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.
All disputes arising from the purchase and sale transactions concluded in accordance with these Terms and Conditions, concerning their validity, interpretation, execution, termination, consequences, and follow-up, and which could not be resolved between MIMI TIKA and the Customer, shall be submitted to the competent courts under the conditions of ordinary law.
The Customer may, in any case, resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, the references of which are available on the website (in accordance with Article L. 152-1 of the French Consumer Code, you can use the free mediation service CM2C of which we are a part electronically at email@example.com or by mail to the following address: 14 rue Saint Jean 75017 Paris or via the website: https://cm2c.net/comment-nous-saisir/).
XVI. Acceptance of the Terms and Conditions
By placing an order on the Site, whether as a natural person or a legal entity, the Customer adheres to and fully accepts these Terms and Conditions and is obligated to pay for the ordered Products.