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Terms And Conditions

MeaCreatio

TERMS AND CONDITIONS

PREAMBLE

The Terms and Conditions of the company MeaCreatio apply to the parties for the sale of products ÔSingulier(S) and define the rights and obligations in this remit.

The company MeaCreatio is a French company registered under the SAS status (equivalent to the English Limited Company) with a stock capital of 25,500.00 Euros

The headquarters are located at the 23 Boulevard François et Émile Zola (13100) Aix en Provence, FRANCE

The company is registered at the Registry of Trade and Companies of Aix en Provence under the number 798 232 302.

The company has the Company Registration Number (so called SIRET in French) 798 232 302 00017 and a VAT number FR 09 798232302.

The phone number is: FR 09 798232302.

ÔSingulier(S) is a E-commerce website that sales shoes, accessories and any other objects related (www.o-singuliers.com).

The company MeaCreatio is the owner of the website and reserves itself the right to modify some dispositions at any time.

 

DEFINITIONS

Buyer, Customer: client.

Framing: technic used by a person of using frames with the aim of enrolling   contents of MeaCreatio website on the website of its choice.

MeaCreatio: MeaCreatio Company

Return: the Customer decides to return to MeaCreatio the order he received.

Site, website: the website www.o-singuliers.com.

Seller: MeaCreatio.

 

ARTICLE 1 - POURCHASE ORDER

The methods to order products on the site are:

Internet with www.o-singuliers.com

The customers guarantee they have full legal capacity to place an order. They guarantee to be the owner of the bank card used to perform the buying or to be legally authorised to use it. This card gives access to enough funds to fully cover the use of the services of www.o-singuliers.com.

Any minor wishing to place an order on the website www.o-singuliers.com, for one or several goods, needs to be authorised and accompanied by his legal representative.

The website www.o-singuliers.com offers the sale of customised goods. In this context of creation and customisation of his/her good (a pair of shoes), the client needs to go through several steps:

  • Choice and customisation of his product(s)
  • Validation of the basket
  • Registration
  • Selection of the delivery mode
  • Payment

The orders are registered by MeaCreatio after confirmation of payment. However MeaCreatio reserves the right to refuse or cancel any order in case of incident of payment.

MeaCreatio commits to deal and fulfil the order(s) placed by the client in the best period of time. In case of delivery delays, MeaCreatio will contact, by phone or email, the client in order to inform him of the encountered problems. At the end of a period of 63 days from the payment of the order, and upon request by first class mail in this sense, MeaCreatio will refund the client.

By ticking the checkbox “I accept the Terms and Conditions” during the process of ordering, the client agrees unconditionally this text herein and accepts it as part of his relationship with MeaCreatio.

The data given to MeaCreatio are registered by MeaCreatio. They constitute the proof that the client has placed the order and he fully agrees the Terms and Conditions in his contractual relationship with MeaCreatio.

 

ARTICLE 2 - GIFT CARD

Any gift card bought on the website www.o-singuliers.com will be subject to a delivery by email or mail depending of the delivery method chosen by the client.

If a gift card is bought through ones of our partner websites, the client will receive his gift card by email or mail, depending on his choices, in 7 working days. The information used will be the ones from MeaCreatio partner website.

A gift card can only be used for a single order. If the amount of the gift card is higher than the amount of the order made with this mean, the balance is lost and cannot be used for another order.

If the client wishes to return the order paid with a gift card, MeaCreatio will issue a new gift card corresponding to the amount of the returned good(s). Upon request of the client by first class mail, MeaCreatio will be able to give a refund of the balance to the client. The amount of the order will be credited on a new gift card which would have the same amount as the original one. The cheque will be sent to the client at the address specified in the order, in a period of 30 days.

During the use of the gift card, none promotion or discount are applicable. When buying a gift card no promotion or Discount are applicable.

A gift card is valid for one (1) year from the date of the purchase. When this period expired, the gift card cannot be used anymore and the credit is lost.

 MeaCreatio generates a single code communicated to the client or the recipient of the gift at the checkout.

A gift code bought in euro on the french website and the generated code can only be redeem on the french website. And vice versa on the english website where a code bought in GPB can only be used on the english website.

 

ARTICLE 3 - PRICES

The prices are displayed in GBP including tax and VAT but does not include the fulfilment fees.

Any modification of the VAT will be applied on the sale price.

The invoice given to the client includes the price of the goods and the fulfilment fees. A contribution to the delivery fees is charged to the client in conformity with the Terms and Conditions.

Meacreatio reserves the right to modify its prices. However, in accordance with the legal dispositions, MeaCreatio will not change the price of an order placed and validated by the client.

The prices will be invoiced based on the prices applicable at the time of the purchase order.

 

ARTICLE 4 - PAYMENT

The payment will be done by credit or debit card. The debit cards accepted are: CB, Visa, MasterCard and American Express. In case of refusal from the Bank, the order will be automatically cancelled. The duration needed for the debit on the account linked to the card depends on the kind of card used by the client: in case of a immediate debit card, the account will be debited between 3 and 8 days depending on the bank, whereas in case of a card with deferred debit, the debit appear in the same conditions as the usual debits.

All payment done on the site www.o-singuliers.com for an order has to be upfront.

 

ARTICLE 5 - ONLINE PAYMENT SAFTY

The website www.o-singuliers.com uses the secured payment system from Société Générale (a French bank). The Bank in charge for the online payment has confidential information which is inaccessible for a third party. Thus MeaCreation does not have access to those information.

 

ARTICLE 6 - PRODUCTS AVAILABILITY

In case of unavailability of the product noticed after the order,

  • If the debit on the client account has already occurred, the client will be informed by email of the cancellation and he will be refunded.
  • If the debit has not already occurred, the client will be informed by email of the cancellation of his purchase order.

The duration needed for the credit on the account of the client depends of the type of card used by the client: in case of an immediate debit card, the account of the client will be credited in 3 to 8 days depending on the bank, while in case of a deferred debit card, the credit will appear in the same conditions than the usual debit on the account of the card and not on the current account.

 

ARTICLE 7 - DELIVERY

MeaCreatio delivers the parcels in England, Wales, Scotland and North Ireland only (United Kingdom - UK).

The product bought by the client will be delivered in UK in a period of 30 working days from the payment date. The delivery period are an average time computed according to the date of the reception of the goods communicated by the supplier. These delivery periods vary depending on the addresses communicated by the clients and do not include bank holidays and weekends.

The goods are sent to the delivery address given by the client during the purchase order.

The fulfilment fees are indicated including the tax and VAT.

In case of delay, it is recommended to contact as soon as possible MeaCreatio in order to be informed of the delivery progress either by our online form on the site www.o-singuliers.com or by sending an email at the following email address: SAV@o-singuliers.com. If required, the Article 1 will be applied.

As soon as the the collect of the carrier of a part or the entire order has been performed, MeaCreatio will inform the client of the dispatch of his order, partially or completely.

The delivery is considered done from the first visit of the carrier at the address given by the client. Once the order is delivered, the client has to, on his own initiative, check the content of the parcel to validate the conformity with the order and the state of the goods.  The client will be able, if required, expresses reservations, if justified, by the bet.

 

ARTICLE 8 - RIGHT TO RETRACT

The right of withdrawal does not apply on products manufactured according to the consumer specifications which is the case for the product sell by MeaCreatio.

Despite that if you have any change to apply to the item (colors, size...) before the product has been manufactured, we can try to accomodate (fees can be applied depending of the change). MeaCreatio will contact the client and provide an adhoc invoice for the additional fees. The client can ask the changes either by email at SAV@o-singuliers.com or using the form Contact on the website www.o-singuliers.com .

 The right of withdrawal does apply to the gift cards bought on the website www.o-singuliers.com. The client has 14 days from the day of the order to exercise his right of withdrawal, without any justification or fees to pay. The right of withdrawal is exercised directly on the website through the contact form or by email at SAV@o-singuliers.com. In that case, an acknowledgement of receipt will be sent to the client. The reimbursement will be done in 14 days maximum from the reception of the request done by the client.

If the client has used the gift card, bought on o-singuliers or through one of our partner websites, to pay a part or a full order, the client cannot exercise his right of withdrawal anymore.

ARTICLE 9 - RIGHT OF RETURN

Meacreatio allows a single return by ordered product if this does not give satisfaction to the client when received.

Every return is indivisible from the initial order. If subsequently to the return, the client decides to order new products, the new order will belong the initial transaction and no return will be allowed.

The client has a period of 30 days to return the shoes that does not satisfy him or her. In order to do that, the client will use the form on the website www.o-singuliers.com or the following email address: SAV@o-singuliers.com.

The product needs to be returned properly protected, not damaged, not soiled,not spoiled and in its original packaging. If it was not the case, Meacreatio reserves the right not to accept the product returned. Each return needs to be done according to the indications specified on www.o-singuliers.com. As long as the product show proves of usage, it cannot be returned. The potential defects justifying the return are the manufacturing defects, the defects resulting of the transport and the defects of the size , it excludes the potential differences in the colors or the texture of the leather due to the perception of the display seen on www.o-singuliers.com.

The return of the product will be accepted only if the client include in the return parcel a mail describing the reason for the return.

The client, before any return, needs to contact the customer services at Meacreatio using the following email address SAV@o-singuliers.com or the form on the website www.o-singuliers.com. MeaCreatio will give the client the address to which he needs to return the parcel. The return sent to the headquarters address afore mentioned won’t be accepted by MeaCreatio.

The return fees are payable by the client in any cases.

Upon receipt, MeaCreatio will acknowledge receiving of the goods and will give the client the option to get a replacement product. 

In the hypothesis of an exchange (or make it again) : Meacreatio commits to make, at its expenses, a new pair of shoes, at the same value then the one initially bought. If the commercial value of the new product exceeds the one returned, the difference will be paid by the client before sending.

The product produced upon the client’s request after return, paid by MeaCreation, cannot be returned and no refund are applicable.

Each pair of shoes won during a competition cannot be returned or refunded.

Each pair produced on quotation won’t be refundable or exchangeable in case of dissatisfaction. The acceptance of the quote is final and irrevocable.

 

ARTICLE 10 - LEND OF SHOES

MeaCreatio provides a shoe loan service for its customers so that they can see and try its models, to appreciate the quality and choose the size of the shoes. This service is available for the moment only in France and not accessible for UK.

 

ARTICLE 11- DATA PROCESSING AND LIBERTIES

In accordance with the law 78-17 of the 6 Of January 1978, it is reminded that the nominative data which are requested to the buyer are necessary for the processing of the order and the invoicing of the client notably.

The processing of the data communicated through the website of the seller have been the subject of a declaration at the CNIL (commission nationale de l’informatique et des libertés or in English National Commission on Informatics and Liberty).

The nominative data collected by MeaCreatio are confidential. MeaCreatio commits not to communicate them to any third party. They are solely necessary for the management of the orders and the commercial relationships with MeaCreatio and the client. They can be transferred to the company that contribute to those relationships, especially for those companies that deal with the orders, their fulfilment and for the payment. The information and data are also kept in order to respect the legal and regulatory obligations, and also to allow MeaCreatio to enhance and personalize the services and the information given to their clients.

MeaCreatio do not sell or commercialize or rent to any third parties the information regarding its clients.

MeaCreatio can also provide statistics consolidated regarding the clients, sales, exchanges from the website to trustful third parties, but those statistics would not contain any personal information.

In case of a handover of files or in case of a transfer of activity to a third party, MeaCreatio is commited to inform its clients.

The buyer has, in compliance with the national and European regulations, a right to access the data, to modify them, rectify them or oppose them regarding the information that affect him.

In order to share with the clients the offers for the website www.osinguliers.com by email, MeaCreatio saves the personal data while the client is ordering. The client has the option to cancel the subscription to the newsletter via an opt-out. If the client later on wants to cancel the subscription to the newsletter, he can do it from the link on the newsletter email or by contacting Meacreation. Once unsubscribed, the personal data are not used anymore by Meacreatio or any third companies.

 

ARTICLE 12 - INTELECTUAL PROPERTY

The content of the website www.o-singuliers.com is the property of the vendor and his partners and is protected by the UK and international laws related to the intellectual property.All rights are reserved and any reproduction of the elements of this website is strictly prohibited without the express permission of MeaCreatio. Any reproduction will be considered as a counterfeiting.

Some products like the software are protected by individual user rights and specific rights regarding copies and public diffusion and renting. Each user of the website www.o-singuliers.com has to respect the terms and conditions and MeaCreatio cannot be hold responsible for the use of the products in this context.

MeaCreatio remains owner of the intellectual property rights on the visuals and products and the products created by the clients on the website www.o-singuliers.com.

MeaCreatio is authorised to use the 3D models created on the website and the pictures of the products ordered by the clients in order to display, illustrate or inspire other clients.

In the case the client would like to prevent or remove his creation from the website, he will have to contact directly the customer services at this address SAV@o-singuliers.com .

The framing or deep linking is forbidden except with the agreement from MeaCreatio. Meacreatio can exercise its right to sue any person violating this legal requirement.

 In order to communicate by email to the client the new offers from ÔSingulier(S), after the order, an email is sent by MeaCreatio to the client to confirm is subscription to the newsletter. The client has an option to confirm this subscription. If the client does not confirm the subscription, he or she would not receive any newsletter from MeaCreatio.

ARTICLE 13 - RESPONSABILITY

Photos are for illustrative purposes. MeaCreatio invites all users of www.o-singuliers.com to read the description of each product to know the precise characteristics .

MeaCreatio can not be held liable for damages of any kind , whether tangible or intangible property, resulting from a malfunction or improper use of products sold . It is the same for any changes resulting from product suppliers.

Responsibility MeaCreatio will, in any event, exceed the amount of the order.

MeaCreatio can not be held responsible to a member or third party for any indirect, any loss of business, profits or revenue , arising in any manner whatsoever , even if the damage or such loss or damage was foreseeable or if the event had been brought to its attention.

MeaCreatio can not be held liable for breach of contract in cases of force majeure, disruption or total or partial strike of postal services and means of transport and / or communications , flood, fire , war , terrorist attack strike .

 

ARTICLE 14 - RISK TRANSFERT

According to the provision of the articles L138-4 and 138-5 of the Consumer Code, the risk transfer are operated when the client or a third party chosen by him to reveive the order come into possession of the ordered products, at the time of the delivery by the carrier of the products.

In the case that the client choose himself the carrier, and this, without the fact that the carrier has not been proposed by MeaCreatio, the risk transfers is operated at the time of the delivery of the ordered products by MeaCreatio to the carrier.

 

ARTICLE 15 – GARANTIES

The client has the benefit, according to the actual legal provisions and rules of:

  • The legal guarantee of conformity planned in the articles L.211-4 to L.211-14 of the Consumer Code. This guarantee allows the client to get, in the two (2) years of the delivery of the goods, and without fees, the repair or replacement of the good if this one is not in compliance with the contract. The imperfections of the conformity targeted are the ones existing at the time of the delivery of the good.
  • The legal guarantee of hidden defect in the articles 1641 and following Civil Code in virtue of which the client can ask, in a period of two (2) years from the defect is found out, the total or partial refund of a good that has been revealed inappropriate to its use.
  • The commercial guarantee: MeaCreatio forecast a unique return per order in the conditions indicated in the Article 9.

ARTICLE 16 - SPONSORSHIP

The customer can receive a discount for sponsorship on www.o - singuliers.com .

The benefit of these reductions is subject to the indication in the "comment " ( MAY PROVIDE A SPECIAL BOX " SPONSORSHIP ?") , Sponsored by the client, the name and surname of his godfather at his order, subject validation MeaCreatio .

Anyone sponsored grants to sponsor a reduction of 5 %, which is added to each new person sponsored in the 30 % discount ( you planning LIMIT MAX ?) .

Examples:

  • A sponsored person = 5% discount.
  • Two sponsored people = 10 % discount.
  • 6 sponsored people = 30 % discount.
  • 7 sponsored people = 30 % discount.

Reductions from sponsorship are not combinable with other promotions offered by the website www.o-singuliers.com or with gift cards.

All orders made with a reduction of 30 %, after the sponsorship is not refundable.

The reduction achieved by the sponsorship is only valid for a single command. If the customer wants to receive a new reduction sponsorship, it will sponsor new customers..

 

ATICLE 17 - DISPUTES AND APPLICABLE LAW

Express agreement between the parties, these Terms and Conditions are governed by and subject to French law.

The General Conditions of Sale are written in French. In case they are translated into one or several languages, the French version will prevail in case of dispute.

If cas of remarks, dissatisfaction or difficulties with the order, the customer should , before taking any approach, reach MeaCreatio to reach an amicable solution.

All disputes arising from these Terms and Conditions may result , for both the interpretation, execution, termination, their consequences will be submitted to the competent French courts in common law conditions . In case of dispute with professionals or traders, the courts of AIX -EN- PROVENCE are competent.

The Client shall, in case of dissatisfaction, contact MeaCreatio to find an amicable solution to resolve the dispute prior to any litigation. MeaCreatio undertakes to use its best efforts to reach an amicable and satisfactory solution for all parties.

 

ARTICLE 18- PRE-INFORMATION - ACCEPTANCE OF CLIENT

The customer acknowledges having received notice , prior to the conclusion of the contract, in a clear and comprehensible manner, of these Conditions of Sale and any information or data referred to in Article L. 121-19 of the Consumer Code , and in particular:

    • The main characteristics of the goods and services offered in an appropriate way of the support of communication used and the services and goods involved;
    • The identity of the professional (name, business address and telephone number) ;
    • The total price of goods and services inclusive of all taxes, and if applicable, any additional costs,
    • If necessary, payment terms, delivery, the date on which the Seller agrees to perform the work and arrangements for handling complaints;
    • The recall of the legal guarantee of conformity of services, the existence of an after-sales service and commercial guarantees , if any , and the conditions relating thereto;
    • The recall of the legal warranty against latent defects
    • The fact that a person ordering on the website www.o-singuliers.com implies acceptance and full acceptance of these Terms of Sale, which is specifically recognized by the customer, who gives, inter alia, to take advantage of any contradictory document, which would be unenforceable against MeaCreatio.

 

ARTICLE 19 – MODIFICATION OF TERMS AND CONDITIONS OF SALE

MeaCreatio reserves the right to modify the terms and conditions of sale.

Any new version will be available on the website www.o-singuliers.com and it will engage the client only after its publication on the website.

In the event that certain provisions of the General Conditions of Sale  be declared illegal or unenforceable by a court other provisions shall remain in force.

 

ARTICLE 20 - PROMOTION

In the case of a sale subject to promotion, MeaCreatio reserves the right to cancel any order that does not meet the conditions of the relevant promotion.

Promotions and discounts offered on the site www.o-singuliers.com take effect on the date and time of the announcement of the promotion and discounts on the website www.o-singuliers.com.