General Terms and Conditions of Sale

These general terms and conditions of sale (hereinafter referred to as the "GTC"), as well as the "Personal Data" and "Legal Information" sections, apply to the online store shop.myriam-kparis.com (hereinafter referred to as the "Myriam-K Paris® online store"), which sells Myriam-K Paris® brand cosmetics (hereinafter referred to as the "Products") to be delivered in metropolitan France, Corsica, Monaco (excluding post office boxes) and Europe (hereinafter called the "Territory"). Any order placed on the Myriam-K Paris® online store implies full acceptance of these GTC and conditions by the customer who makes a purchase (hereinafter referred to as the "Customer"). These GTC's can be saved and/or printed and are accessible from all pages of the Myriam-K Paris® online store. These GTC may be modified at any time, the applicable GTC being those that the Customer accepts when placing his order, and which are accessible from the order confirmation e-mail.

The site "shop.myriam-kparis.com" (hereafter called the "Site"), presenting in particular the online store Myriam-K Paris®, is published by the company MK FRANCE, a simplified joint stock company with a capital of 100,000.00 euros, whose head office is located at 55 rue Pierre Charron 75008 Paris. It is registered in the Paris Trade and Companies Register under the number 52786424300011 and under the intra-community VAT number FR 35527864243. The name of the director of the publication is Youcef Bennadja, in his capacity as president. 

The website's host is the company 772424, located Chemin du Petit Cabri, 13100 Aix-en-Provence, France, reachable by e-mail: contact@profileo.com 

The online store Myriam-K Paris® allows the MK FRANCE company to offer the sale of products to non-professional customers having the quality of consumers, aged over 18 years and having full legal capacity. Sales are made at retail for strictly personal use. Consequently, the MK FRANCE Company limits the order to four (4) copies of the same reference within the limit of fifteen (15) products bought by the same Customer. 

For any question concerning your order, the MK FRANCE Company places at the disposal of the Customer a Customer Service which can be reached:

◦ Monday through Friday from 10:00 a.m. to 1:00 p.m. and 2:00 p.m. to 5:00 p.m. at the following number: 

+331 77 19 57 81 (cost of a local call).

◦ On the Myriam-K Paris® online store, via the "Contact" link.

The products offered for sale on the online store Myriam-K Paris® are described and presented with the greatest possible accuracy (specifications, illustrations, size, composition ...). However, the Customer is invited to refer to the description of each Product, available by clicking on each "Product Sheet", in order to know the properties and the particularities, in particular as regards the characteristics sought, the choice and the purchase of a Product being placed under its only responsibility.

The prices applied are those listed on the online store Myriam-K Paris® at the time of order.

The Customer is informed that prices are subject to change. Therefore, if the Customer has created a customer account, the prices displayed in the "My account/My orders" section on the order summary page correspond to the prices paid by the Customer at the time of his previous orders. The functionality allowing the Customer, from this page, to re-order a product is therefore likely to offer for sale the same product at a price different from the price paid on the day of the previous order. The Customer is therefore invited to pay attention to the price in force at the time of the order and when the product is put in the shopping cart.

The prices will be displayed in Euros (€) including VAT, and do not include the costs of delivery of the order (hereinafter referred to as the "Delivery Costs"). These Delivery Costs will be indicated to the Customer on the page of validation of the basket as well as on the summary page of the order, before the validation and the payment of the order.

To place an order, the Buyer must first connect to the website. The Buyer then has the possibility of taking note of the various Products offered for sale on the day of the consultation of the Site and to choose his Products by (i) navigating in the various categories of Products or (ii) by directly entering the name of the Product in the search engine.

While browsing the Site, the Buyer wishing to place an order can do so by simply clicking on the button to add the Product to the shopping cart. As soon as this operation is completed, the Buyer will see the number of Products in his basket. We draw the attention of the Buyer to the fact that the contents of the shopping cart may be subject to an expiration period.

The Buyer can then continue his visit or click on his shopping cart to see the items displayed on the screen, including all the items of the order and in particular the essential characteristics of the Products, the total amount of the order, the billing and delivery details, the delivery times, costs and any restrictions on delivery as well as the rights and legal guarantees available to the Buyer. The Buyer can come back on this order, complete it, modify it, cancel it as long as he has not validated it. If the Buyer wishes to choose other Product(s), he/she can continue browsing the Site, being assured that the Product(s) he/she has just selected is/are well kept in his/her shopping cart. The Buyer can also, at any time of the process of the order, until the effective payment of this last under the conditions envisaged in the present GTC, return on this order, add more articles, modify it, cancel it and this, as long as it will not have validated it definitively.

Once the selection of Products is completed, the Buyer can order them by validating the order via the button provided for this purpose. From then on, a new page opens, inviting the Buyer to either :

 - Fill in his login (e-mail address) and password if the Buyer is already registered on the website,

• Fill out a personal data collection form accurately by filling out the required fields, including Name, First Name, Email Address, Billing Address, Delivery Address (address to which delivery can be made during business hours from Monday to Friday in France). The Buyer undertakes to complete the form provided in good faith. The Buyer acknowledges that the data it communicates to the Seller and which are stored in the Seller's and/or its subcontractors' information systems are accurate and constitute proof of its identity. It is recalled that this personal data is governed by the Personal Data Policy accessible here. After having taken note of the state of his order, the Purchaser is invited:

- either to click on the button allowing to reach the payment of its order, under the conditions described in the present GTC,

- or to click on the button allowing him to modify his basket and/or the information relating to his personal coordinates.

In order to limit the risk of fraud, an order on the Site can only be validated if the Buyer's basket reaches a minimum total amount of €5 (five euros) including VAT. (excluding delivery charges) and does not exceed a maximum total amount of €1*000*(one thousand euros) including VAT. (excluding delivery charges).

By clicking on the button giving access to the payment of the order, the Buyer must, in a first step, read the present GTC. Then, in a second step, confirm his agreement to the GTC by implementing an action of confirmation of acceptance required on the website (for example, by checking a box).

As soon as the Buyer confirms his acceptance of the GTC a web page dedicated to the payment of the order opens.

The Buyer must then proceed to the payment of his order under the conditions described in the present GTC.

By choosing an immediate payment by credit card, the Buyer will then be automatically redirected to the payment server of the payment provider. The server of the payment provider is secured by S.S.L. (Secure Socket Layer) encryption, so as to protect all data related to the means of payment as effectively as possible, and at no time will the Buyer's banking data transit on the Seller's computer system. The Seller's responsibility is therefore discharged.

The data recorded by the Seller constitutes proof of all transactions between the Seller and the Buyer.

Myriam.K Paris accepts several payment methods, including cards and virtual payments.

CARDS : 

• Credit Card
• Visa
• Visa debit
• Visa Electron
• Mastercard
• Mastercard debit
• American Express

VIRTUAL PAYMENT :

• PayPal 

PAYMENT PROCESS AND SECURITY

After validation of your cart, you will be redirected to the payment page of our partner Systempay for optimal security. The payment page does not belong to Myriam.K Paris, no payment information will transit or be stored on the Myriam.K Paris website.

Once the order is accepted, you will be redirected to the shop.myriam-kparis.com website to see the summary of your order.

Please be careful not to close the checkout page before redirecting to our confirmation page which provides your order number. You will also receive a confirmation e-mail.

Myriam.K Paris reserves the right to refuse to process an order if it does not provide all the necessary guarantees to ensure a compliant and secure payment and in case of suspected fraud or illegal activity, according to French and European laws.

Any order implies payment. Appropriate legal action will be taken in the event of fraudulent payment.

3-D SECURE

In order to provide you with a secure transaction, Myriam.K Paris may trigger the 3D Secure protocol for authentication purposes. After entering your credit card information, you will be redirected to your bank's online page or application to comply with their authentication protocol.

REFUND PROCESS

In the case of a physical return, please follow the instructions explained in our terms and conditions of sale,  under the headingCancel your order & return policy.

RIGHT OF WITHDRAWAL.

Upon receipt of the request, your refund will be processed within 1 to 2 business days.

Depending on your financial institution, it may take 5-7 business days for your account to be credited.

Please note that we do not accept returns in or from our physical stores.

If you have any questions regarding a payment, you can contact us via the following link: https://v2.myriam-kparis.com/fr/contactez-nous

BY PHONE

From 10am to 1pm and from 2pm to 5pm, Monday to Friday, at the cost of a local call.

The order is validated by the Seller only after acceptance of the GTC and verification and confirmation of the validity of the payment.

In any event, the Seller reserves the right to refuse any order or any delivery in the event of (i) exceeding the ceilings indicated in the article "PAYMENT" hereof, (ii) an existing dispute with the Buyer, (iii) total or partial non-payment of a previous order by the Buyer, (iv) refusal of authorization of payment by bank card by the banking organizations, (v) non-payment or partial payment.

Once the order has been confirmed and payment validated in accordance with the terms and conditions set out below, a printable and recordable summary of the Buyer's order will be displayed, mentioning in particular the references of the order.

An order confirmation e-mail is sent as soon as possible by the Seller to the e-mail address provided by the Buyer and includes the following information:

- the identity of the Seller as well as its contact information;

- the reference of the order registered at the time of the order placement;

- the summary of the order and the essential characteristics of the products;

- delivery times, costs and possible restrictions;

- the total amount of the order, all taxes included;

- the legal rights and guarantees available to the Buyer;

- confirmation of payment.

The Seller retains ownership of the Product(s) ordered until full payment of the price and its accessories includingshipping costs by the Seller. In the event of a payment incident, the Buyer undertakes to return to the Seller the products received and this, at the first request.

In order to protect the Seller from abusive practices by fraudsters, and if the Seller or the online payment provider suspects that an order is fraudulent, they reserve the right to ask the Buyer (prior to processing the order) for additional documents (in particular proof of residence and debit in the name of the Buyer, photocopy of the Buyer's identity card, photocopy of the Buyer's bank card) in order to verify that the order is not fraudulent.

In the absence of a response from the Buyer within fifteen (15) days following the sending of the request by the Seller or the online payment provider, the order will be cancelled and the Seller will proceed within fourteen (14) days following the expiry of the aforementioned period for the order refund according to the payment method used by the Buyer.

It is expressly agreed between the Seller and the Buyer that e-mails are deemed authentic between the Parties, as well as the automatic recording systems used on the Site, in particular as to the nature and date of the order.

The Buyer may access, if necessary in accordance with the rules of common law, the electronic contract concluded between the Buyer and the Seller. To do so, he/she should contact Customer Service here, to whom he/she will provide all the necessary information, including the order number and contact details.

Costs and delivery times

The terms of delivery for Metropolitan France (excluding Corsica), and Monaco are as follows*:

This amount remains at your charge and is added to the price of the products purchased. When we summarize your order and before your validation, we indicate the shipping costs and the delivery method. The delivery time is 2 to 5 working days after the carrier has taken charge of your order. 

Delivery to another recipient and/or gift:

You may have your purchase shipped to a different delivery address than the billing address (for example, if you wish to have your purchase delivered to your place of business or have a gift sent to you) as long as both addresses are located within the area specified in the Terms and Conditions of Sale in the Delivery Terms and Conditions.

When you make a purchase, at the delivery address selection stage, you simply need to indicate the desired delivery address.

Important information:

For your security, your billing address must match the one that appears on your credit card billing statement used for payment. We reserve the right to cancel any order that does not meet these criteria.

Tracking and delivery confirmation

Once your order is finalized, you will receive a confirmation e-mail. As soon as a tracking number is assigned to your package, you will receive another e-mail in which the given tracking number will be used to track your package.

Status of your order:

You will also be able to find the tracking number of your order and its status in the "My Account" section.

Log in with your credentials to access your account. You will be able to access your orders in "My Orders", which are displayed with the date, amount and status of each. You can click on "Details" to see the details of your order.

Once the order is prepared, it is shipped to the mailing address provided by the Buyer when placing the order.

The Products are delivered by the specialized service provider (depending on the case and/or the delivery options selected) (hereinafter called the "Carrier"). In case of absence of the Buyer, the Carrier leaves a notice of passage in the mailbox of the Buyer. The Buyer must then contact the Carrier to agree on a new delivery date. It is nevertheless specified that if the Buyer does not contact the Carrier again, the Carrier shall carry out two new delivery tests, the date and time of which shall be determined by the Carrier at its discretion.

(The Buyer is informed that the package is kept by the Carrier for a period of fourteen (14) days after the first presentation.

Orders paid by credit card are processed within a maximum of one (1) business day.

It is reminded that an order is only sent once it has been processed.

From the moment the order is processed, the corresponding Products are forwarded and delivered by the Carrier within the following times:

- delivery in relay point by Points Relais : 72h (three (3) working days)

- Express delivery by Chronopost: 24h (one (1) to (two (2) working days)

Sundays and holidays are not considered working days. 

In any case, the order is executed within a maximum of thirty (30) days from the day following that on which the Buyer validated his order, subject to full payment of the price and compliance with the conditions of purchase defined in the article "Conditions of Purchase" of these GTC.

In the absence of delivery at the end of this period, the Buyer has the possibility of cancelling his order under the conditions envisaged in the article "Delay of Delivery", hereafter. 

DELIVERY DELAYS

If the maximum delivery time of thirty (30) days is exceeded, the Buyer may exercise his right to cancel the order by contacting Customer Service HERE.

Upon exercise of the right of withdrawal, the Seller shall refund all sums paid by the Buyer (including shipping costs), according to the method of payment used, within a maximum period of fourteen (14) days from the receipt of the withdrawal, to the exclusion of any other compensation.

In case of partial delivery, the delivery can be made in several times, and this right concerns only the undelivered balance of the order.

Any delay in delivery must be reported as soon as possible by the Buyer by e-mail by clicking HERE,so that the Seller can make an inquiry with the Carrier. The Buyer is informed that the duration of realization of a survey is random and can be relatively long, the Seller not controlling its realization.

If during this investigation the order is found, it is immediately redirected to the delivery location designated in the order.

If the loss of the order is confirmed, the Seller will, at its own expense, reship the Product(s) to the Buyer or, in the event of definitive unavailability, refund the Buyer for the sums collected, to the bank account debited at the time of the order.

Each delivery is deemed to have been made as soon as the Product(s) is (are) made available to the Buyer by the Carrier.

The Buyer is responsible for verifying immediately upon receipt of the Product(s) the conformity and integrity of the Product(s) shipped.

Any anomaly/concern identified at the time of delivery (notably late delivery, missing or damaged product) must be reported in full and accurately by the Buyer on the receipt given by the Carrier at the time of delivery of the Products and/or confirmed by registered letter to the Carrier within three (3) days of receipt of the order.

Any reservation of this type must be notified in parallel and as soon as possible to the Customer Service of the Seller, HERE. A copy of the claim addressed to the Carrier must be attached.

In case of error of seizure, in particular of delivery address involving a delay or an impossibility of delivery, the salesman could not be held for person in charge. All expenses related to the reshipment of the products and the cost of the products due to an error of seizure of the customer, will be the responsibility of the latter.

The Buyer has a cooling-off period of fourteen (14) days from the date of actual receipt of the order to return the Product(s) ordered, without having to give reasons or pay penalties.

The Buyer then has a period of fourteen (14) days to return the product(s) complete, unused, in its (their) original packaging intact and as far as possible accompanied by its (their) original packaging as well as the return form,* and a copy of the invoice. If the products are not returned within fourteen (14) days from the day of the effective receipt of the order, the order is deemed final and no refund can be made, except in the cases provided for in these GTC.

Upon receipt, the Seller shall acknowledge receipt of such request by sending an e-mail or letter.

The Seller undertakes to refund the Buyer for all sums paid. The refund will be made according to the method of payment used by the Buyer, within a maximum of fourteen (14) days after the Buyer exercises his right of withdrawal.

However, the refund of this amount may be deferred until the returned goods are recovered.

The return is the responsibility of the Buyer.

For further information on the scope, content and instructions on how to exercise the Buyer's right of withdrawal, the Buyer may contact the customer service department by e-mail at the following address: contact@m-kfrance.com

Cancel your order

- You wish to cancel your order:

Our warehouse prepares the orders in the morning from Monday to Friday (excluding holidays). If you wish to cancel your order,please contact our Customer Service by clicking here.

If the order has not yet been prepared, we can cancel it.

Otherwise, if your order has already been prepared, we will not be able to cancel the order but you will always be able to refuse the package upon delivery directly to the Carrier and we will refund you upon return of the package.

- Your order has been cancelled or modified by our system:

Occasionally, orders or parts of orders may be cancelled by our system for various reasons:

An item(s) is (are) no longer available for sale;

Difficulties were encountered in the payment process;

The package cannot be sent to the given address;

The order was placed in duplicate.

You will be refunded for the cancelled items. For more details, write to Customer Service by clicking here.

Return Policy

All requests for returns and refunds must be returned at your expense within fourteen (14) days of the delivery date. The product must be returned to us in its original packaging, accompanied by the delivery note and the return form. 

If your entire order is returned as described above, we will refund the full amount of your original order. Otherwise, if you do not return all the products in your order, we will refund the amount of the returned product, excluding the initial shipping costs.

If you have received a promotional gift, please include it with your return.

Your account will be credited as soon as possible after we receive your return. An e-mail will be sent to you to confirm receipt of your package and the progress of your refund.

For any exchange request, you just have to return the product as previously indicated and place a new order on the E-shop.

Please note that only products purchased on store.myriam-kparis.com can be returned.

If you have any other questions regarding returns, pleasecontact Customer Service by clicking here.

Damaged product(s)

If your package has been damaged during the journey, you must make complete and precise reservations on the delivery note, when you receive the package. Recourse is against the carrier. (In accordance with article L.133-3 of the French Commercial Code, any reservation must be confirmed by registered letter to the carrier within three (3) days of receipt).

Then put the package and the goods aside and notify our Customer Service as soon as possible by sending one or more photos by e-mail. Don't forget to include your order number and contact information in the e-mail.

In accordance with Articles L 211-4 and following of the Consumer Code, the Seller is required to deliver goods in conformity with the order placed by the Buyer and must respond to defects in conformity existing at the time of delivery of the latter. As such, in order to comply with the contract, the property must:

(1) be fit for the purpose ordinarily expected of similar property 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*;

- have the qualities that a Buyer may legitimately expect in view of the public statements made by the Seller, the producer or his representative, particularly in advertising or labelling*;

2° Or have 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 accepted by the latter.

Similarly, in accordance with Article 1641 of the Civil Code, the Seller is liable for hidden defects in the item sold that render it unfit for the purpose for which it was intended, or that so diminish that use that the Buyer would not have acquired it, or would have given a lesser price, had he known of them.

If the delivered Products are not in conformity with the Products ordered by the Buyer or if they present defects, the latter must send an e-mail to the Customer Service of the Seller HERE to notify him of the non-conformity or the defects of his Product(s). In accordance with article L. 211-12 of the French Consumer Code and 1648 paragraph 1 of the French Civil Code, the Buyer has a period of two (2) years from the delivery of the Products purchased to exercise the warranty against hidden defects or the legal warranty of conformity. Any claim made after this two (2) year period from the date of taking possession of the goods, in case of non-conformity, or from the discovery of the defect, in case of hidden defects, will be rejected and Myriam.K Paris will be released from any responsibility.

The Seller's Customer Service acknowledges receipt of the Buyer's request and confirms the procedure to follow. Upon receipt of instructions from Seller's customer service department, Buyer shall return the non-conforming products or products affected by a hidden defect to Seller.

The Product(s) must imperatively be (i) returned complete, unused, in its (their) original, undamaged packaging and (ii) accompanied by its (their) original packaging as well as the return form communicated by the Seller's customer service and the invoice.

Furthermore, the Seller does not accept:

(i) packages sent carriage forward. Any risk related to the return of the Product(s) is the responsibility of the Buyer.

(ii) packages dropped off directly at a Point Relais. Any order in return which would be deposited in a Point Relais could not be treated and thus could not be refunded.

Upon receipt of the allegedly non-conforming Product(s) or Product(s) affected by a latent defect, the Seller shall carry out an inspection of the Product(s) to ascertain the conformity or otherwise of said Product(s). Likewise, the Seller may perform a quality test on the Product(s) returned by the Buyer to verify that the returned Product(s) are indeed original Product(s). It is understood that these controls are carried out as soon as possible and within a maximum period of one (1) month.

If the non-compliance of the Product(s) is confirmed or if the defect is proven, the Seller will proceed, at the Buyer's choice:

- or to the refund of the non-conforming Product(s) or affected by a defect, as well as the shipping costs, according to the method of payment used by the Buyer, within fourteen (14) days after the reception of the non-conforming Product(s),

- or the exchange of the non-conforming Product(s) or affected by a defect at the request of the Purchaser. The shipment of the Product(s) to the Buyer is made at the expense of the Seller and according to the conditions of the present GTC.

Personal information

The personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential and is only used by the Seller or its subcontractors, who are subject to the same obligations as for the processing of orders placed and in accordance with the Personal Data Policy accessible here.

It is recalled that the Buyer benefits from a right to access, modify, rectify and delete personal information collected about him.

To exercise this right, the Buyer can send a message to the Seller's Customer Service, here.

Buyer may receive from Seller informational e-mails about Seller's products and activities, if Buyer has previously consented. The Buyer retains the right to refuse such communication, either a priori, by not giving his consent at the time of validation of the order, or a posteriori, by expressing his refusal by e-mail by clicking here.

a. Force majeure

Neither Party shall be liable for the total or partial non-performance of its obligations under this Agreement, if such non-performance is caused by an event constituting force majeure. Events meeting the criteria set by the case law of the Cour de cassation and the legislation are considered as force majeure. 

The Party invoking an event constituting force majeure shall notify the other Party within five (5) business days of the occurrence of such event. The Parties agree that they shall consult as soon as possible in order to determine together the terms and conditions of execution of the order during the period of force majeure.

After a period of one (1) month of interruption due to force majeure, the Seller may not honor the order, and shall refund the Buyer if necessary.