General Terms and conditions of sale and use
Version of the 05/09/2023
Preamble
The present general conditions of sale (hereafter the "General Conditions" or "General Conditions of Sale" or "GCS") apply to any purchase carried out by a natural person (hereafter the "Customer"), on the Internet Site: https://My-American-Store.com/ (hereafter the "Site") with KINZ - 25, rue de Ponthieu, Paris 75008; e-mail: contact@My-American-Store.com , holder of the American mark My American Store (hereafter "My American Store").
The present General Conditions of Sale have for vocation to frame the sale and the Delivery of the Products ordered with My American Store via the Site.
They are accessible and printable at any time via a hypertext link available on the home page of the Site.
IMPORTANT
Any order placed on the Site obligatorily implies the acceptance without reserve of the Customer of the present general conditions of sale.
Article 1. Definitions
The terms used hereafter have, in the present General Conditions of Sale, the following meaning:
- "Customer": designates the co-contractor of My American Store, a natural person of age, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly foreseen that the Customer acts outside of any usual or commercial activity.
- "Order": refers to the purchase of Products by a Customer on the Site.
- "Delivery" shall mean the first presentation of the Products ordered by the Customer at the delivery address indicated at the time of the Order.
- "Territory ": shall designate Metropolitan France and Corsica.
- "Site ": shall designate My American Store's Internet site accessible at the following address: https://My-American-Store.com/.
Article 2. Object
The present General Conditions of Sale govern the sale of Products by My American Store via the Site.
The Client is clearly informed and recognizes that the Site is addressed only to the consumers.
If you are a professional, you can contact My American Store by email at contact@My-American-Store.com.
Article 3. Acceptance of the general conditions
The Customer commits himself to read carefully the present General Conditions of Sale and to accept them, before proceeding to the payment of an Order of Products placed on the Site.
These Terms and Conditions are referenced at the bottom of each page of the Site by means of a link and must be consulted before placing the Order. The Customer is invited to read carefully, print the General Sales Conditions and keep a copy.
My American Store advises the Customer to read the General Terms and Conditions of Sale with each new Order, the latest version of the said Terms and Conditions being applicable to all new Orders for Products.
By clicking on the button " Add to cart " on the second " Place my Order " to confirm the said Order, the Customer acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. ORDERING products on the WEBSITE
Article 4.1. Characteristics of the Products
My American Store undertakes to present the essential characteristics of the Products and the compulsory information that the Client must receive by virtue of the applicable law.
These characteristics and information appear on the Product sheets present on the Site and contain -in particular- the description, the composition and the advice of washing and maintenance and the price of the Product.
The Client undertakes to read this information carefully before placing an Order on the Site.
Article 4.2. Ordering Procedure
The Product Orders are placed directly on the Site. To place an Order, the Customer must follow the steps described below (please note, however, that depending on the Client's start page, the steps may differ slightly)
4.2.1. Product selection and purchase options
The Customer must select the Product(s) of his/her choice by clicking on the Product(s) concerned and choosing the desired quantities. If applicable, the Customer must select the color of the Product.
Once the Product is selected, the Product is placed in the Customer's shopping cart.
The latter can then add as many Products as he/she wishes to his/her basket.
4.2.2. Orders
Once the Products have been selected and placed in the shopping cart, the Customer must click on the shopping cart and check that the contents of the Order are correct.
Once the Customer has validated the contents of the shopping cart, an online form will be displayed, automatically filled in and summarizing the price.
The Customer will then be invited to complete the form in order to indicate his/her e-mail address, surname, first name and delivery address.
At this stage, the Customer has the possibility of subscribing to the news and the exclusive offers of My American Store.
After having validated this stage, the mode, the times and the expenses of delivery will be expressly mentioned.
The Customer is invited to verify the content of his or her Sales Order (including the quantity and the references of the Products ordered, the delivery address, the method of payment and the price) before validating it.
The Customer can then proceed to the payment of the Products by following the instructions on the Web site.
For Products for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information required to process the Order.
4.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the Site to acknowledge receipt of the Customer's Order. A copy of the acknowledgement of receipt of the Order shall automatically be sent to the Customer by e-mail, provided that the e-mail address provided in the registration form is correct.
It is specified that the Order summary and the confirmation e-mail may be kept and printed by the Customer.
4.2.4. Billing
During the Order process, the Customer shall enter the information required for invoicing (if applicable, choosing a billing address different from the delivery address).
In particular, Customer shall clearly indicate all information relating to the Delivery, in particular the exact Delivery address, as well as any possible access code to the Delivery address.
The Customer shall also specify the chosen method of payment.
Neither the Order form that the Customer draws up online, nor the acknowledgement of receipt of the Order that My American Store sends to the Customer by e-mail, constitutes an invoice. Whatever the method of Order or payment used, the Customer will receive the original invoice at his/her request by e-mail
Article 4.3. Order date
The date of the Order is the date on which My American Store acknowledges receipt of the Order online. The deadlines indicated on the Site only start to run from this date.
Article 4.4. Prices
For all Products, the Customer will find on the Site the prices displayed in dollar, all taxes included, as well as the applicable delivery costs (excluding packaging and gifts, depending on the delivery address and the carrier or mode of transport chosen).
In particular, prices include value added tax (VAT) at the rate in effect on the date of the Order. Any change in the applicable rate may affect the price of the Products as of the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
The prices of the suppliers of My American Store are likely to be modified. Consequently, the prices indicated on the Site can change. They can also be modified in case of offers or special sales.
The indicated prices are valid, except for a gross error. The applicable price is the one indicated on the Site on the date the Order is placed by the Customer.
Article 5. Availability of the Products
My American Store commits to delivering the Product(s) on the date or within the time period indicated to the Customer, unless otherwise agreed between the parties.
The unavailability of a Product is indicated on the page of the concerned Product.
In any case, if the unavailability was not indicated at the time of the Order, My American Store commits to informing the Customer without delay if the Product is unavailable.
In the event that a Product is unavailable, My American Store may, and if the parties agree, propose an alternative Product of equivalent quality and price, accepted by the Client.
If the Customer decides to cancel his or her Order for unavailable Products, he or she shall obtain a refund of all sums paid for the unavailable Products no later than 30 days following the date on which the contract was cancelled.
Article 6. Online notification
Within 30 days of the shipment of Products purchased on the Site, the Customer will receive an email allowing him/her to leave a review of his/her purchase experience.
The review of the Product will be visible on the home page of the Site.
Within the framework of the diffusion of online opinions carried out on the Site, My American Store expressly commits itself by the present to deliver to the users a loyal, clear and transparent information on the methods of publication and treatment of the opinions put online. For this reason, My American Store commits itself in particular to display the date of the opinion and its possible updates.
My American Store moderates the notices on the basis of the following criteria:
Absence of publication of the notices relating to the delivery of the Products the time to investigate on the difficulty met by the Customer;
Absence of publication on the Site of notices written by Internet users who are not Customers.
In the event of control exerted on the opinions, My American Store makes a commitment that the treatments of data in personal matter carried out within this framework are in conformity with the law relating to data processing, the files and freedoms modified and the GDRP.
Within the framework of certain commercial operations, My American Store offers a reduction code for a next My American Store Order in exchange for the deposit of a Customer's opinion.
The maximum delay of publication of a notice is ten (10) days.
The maximum time limit for the conservation of a notice on the Site is 730 days.
Finally, My American Store sets up a free functionality which allows any user to announce a problem on a review, by addressing an email to contact@My-American-Store.com.
A posteriori, and in case of relevant report, My American Store commits itself to delete a review insofar as this one :
- Absence of publication of the notices relating to the delivery of the Products the time to investigate on the difficulty met by the Customer;
- Absence of publication on the Site of notices written by Internet users who are not Customers
In the event of control exerted on the opinions, My American Store makes a commitment that the treatments of data in personal matter carried out within this framework are in conformity with the law relating to data processing, the files and freedoms modified and the GRPD.
Within the framework of certain commercial operations, My American Store offers a reduction code for a next My American Store Order in exchange for the deposit of a Customer's opinion.
The maximum delay of publication of a notice is ten (10) days.
The maximum time limit for the conservation of a notice on the Site is 730 days.
Finally, My American Store sets up a free functionality which allows any user to announce a problem on a review, by addressing an email to contact@My-American-Store.com.
A posteriori, and in case of relevant report, My American Store commits itself to delete a notice insofar as this one :
- Would not respect the present General Conditions of Sale;
- Would contain injurious, defamatory, racist or illicit contents.
Article 7. Right of withdrawal
The terms of the right of withdrawal are provided in the "withdrawal policy", policy available in Annex 1 hereof.
Article 8. Payment
Article 8.1. Means of payment
The Client can pay for his Products on line on the Site according to the means proposed by My American Store i.e. by :
- Bank card
The Client guarantees My American Store that he/she has all the necessary authorizations to use the chosen payment method.
My American Store will take all the necessary measures to guarantee the security and confidentiality of the data transmitted online within the framework of the online payment on the Site.
It is for this reason specified that all the information relative to the payment supplied on the Site is transmitted to the bank of the Site and is not treated on the Site.
Article 8.2. Payment date
In the event of a one-time payment by credit card, the Customer's account shall be debited as soon as the Product Order is placed on the Site.
If the Customer decides to cancel his or her Order for unavailable Products, the refund shall be made in accordance with the last paragraph of Article 4.5 of these General Terms and Conditions.
Article 8.3. Refusal of payment
If the bank refuses to debit a card or other means of payment, the Customer must contact My American Store's Customer Service in order to pay for the Order by any other valid means of payment accepted by My American Store.
In the event that, for whatever reason, opposition, refusal or other, the transmission of the money flow due by the Customer proves impossible, the Order will be cancelled and the sale automatically terminated.
Article 9. Proof and archiving
Any contract concluded with the Customer corresponding to an Order of an amount superior to 120 euros (all taxes included) will be archived by My American Store for a duration of ten (10) years in accordance with the Consumer Code.
My American Store agrees to archive this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the Customer.
In case of dispute, My American Store will have the possibility of proving that its system of electronic follow-up is reliable and that it guarantees the integrity of the transaction.
Article 10. Transfer of property
My American Store remains the owner of the delivered Products until their complete payment by the Customer.
The dispositions above do not prevent the transfer to the Customer, at the moment of the reception by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the Products which are the object of the property reserve, as well as the risks of damage which they could involve.
Article 11. Delivery
The terms and conditions of delivery of the Products are set out in the "Delivery Policy" referred to in Appendix 2 hereof.
Article 12. Packaging
The Products will be packed in accordance with the transport standards in force, in order to guarantee maximum protection for the Products during Delivery.
Customers undertake to comply with the same standards when returning Products under the conditions set out in Annex 1 - Cancellation Policy.
Article 13. Guarantees
Apart from the commercial guarantees that My American Store may offer for certain Products, all Clients benefit from "legal" guarantees, for all Products, which are detailed below.
Article 13.1. Guarantee of conformity
Article 35 of the Convention on Contracts for the International Sales of Goods (CISG): "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".
Article 35 of the Convention on Contracts for the International Sales of Goods (CISG) : "The goods conform to the contract:
1° If it is fit for the purpose usually expected of a similar good and, if applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
My American Store is likely to answer for the defects of conformity existing at the time of the delivery and the defects of conformity resulting from the packing, the instructions of assembly or the installation when this one was put at its load or was carried out under its responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years as from the delivery of the Product. (Article of the Consumer Code)
In the event of a lack of conformity, the Customer may request the replacement or repair of the Product, at his or her discretion. However, if the cost of the choice of the Client is manifestly disproportionate with regard to the other possible option, taking into account the value of the Product or the importance of the defect, My American Store will be able to proceed to a refund, without following the option chosen by the Customer.
In the event that a replacement or repair is not possible, My American Store will refund the price of the Product within thirty (30) days of receipt of the returned Product in exchange for the return of the Product by the Client to the following address: 25, rue de Ponthieu, Paris 75008 FRANCE
Finally, the Customer is exempted from proving the existence of a defect in the conformity of the Product during the twenty-four (24) months following the delivery of the Product, except for second-hand goods for which this period is set at six (6) months. (Article of the Consumer Code).
It is specified that the present legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the Products.
Article 13.2 Guarantee of the hidden defects
My American Store is held of the guarantee because of the latent defects of the sold Product which make it unsuitable for the use for which it is intended, or which decrease so much this use that the Customer would not have acquired it, or would have given only a lesser price of it, if he had known them. (Article of the Civil Code)
This guarantee allows the Customer who can prove the existence of a hidden defect to choose between the refund of the price of the Product if it is returned and the refund of a part of its price, if the Product is not returned.
In the event that a replacement or repair is not possible, My American Store will refund the Product price within thirty (30) days of receipt of the returned Product in exchange for the Client sending the Product back to the following address: 25, rue de Ponthieu, Paris 75008 FRANCE
The action resulting from redhibitory defects must be brought by the Customer within two (2) years of the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
Article 14. Responsibility
My American Store shall in no way be held responsible for the non-execution or improper execution of the contractual obligations on the part of the Client, notably when placing an Order.
My American Store shall not be held responsible or considered as having failed to fulfil its obligations under the present contract, in the event that the cause of the delay or non-fulfilment is linked to a case of force majeure as defined by the jurisprudence of the Courts and Tribunals.
It is moreover specified that My American Store does not control the web sites which are directly or indirectly linked to the Site. Consequently, it excludes all responsibility for the information published on these sites. The links to third party websites are only provided as an indication and no guarantee is provided as to their content.
Article 15. FORCE MAJEURE
The responsibility of My American Store cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present GCS results from a case of force majeure.
Force majeure occurs in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles of the Civil Code.
In case of occurrence of one of the above mentioned events, My American Store will try to inform the Customer as soon as possible.
Article 16. Personal data
Any consumer has the possibility of registering free of charge on the list of opposition to the telephone canvassing BLOCTEL https://conso.bloctel.fr/index.php/inscription.php
In accordance with the law aiming at framing the telephone canvassing and at fighting against the fraudulent calls, any professional reserves the right to canvass a consumer registered on the list of opposition to the telephone canvassing when it is about solicitations intervening within the framework of the execution of a contract in progress and having a relationship with the object of the aforementioned contract, including when it is a question of proposing to the consumer of the products or the services afferent to or complementary to the object of the contract in progress or likely to improve its performances or its quality.
The purpose of this information is to process the Client's Orders placed through the Site, to analyse the Customer 's Sales Order, to respond to requests for information and, if the Client has explicitly chosen this option, to send newsletters, unless the Client no longer wishes to receive such information from My American Store.
In this respect, the Client is invited to consult the Confidentiality Policy of My American Store accessible at the following address: https://My-American-Store.com/pages/politique-de-confidentialite which will give him/her more information concerning the protection of personal data, the treatments carried out via the Site and the modalities for exercising his/her rights.
Article 17. Complaints - CUSTOMER SERVICE
My American Store Any written complaint of the Customer will have to be transmitted by electronic mail to the following address: contact@My-American-Store.com
A dedicated form is also available on the Site by clicking on "contact us".
Article 18. Intellectual property
All visual and sound elements of the Site, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of My American Store. Any person who publishes a Web site and wishes to create a direct hypertext link towards the Site must ask for the authorization of My American Store in writing.
This authorization of My American Store will not be granted in any case in a definitive way. This link will have to be removed at the request of My American Store. The hypertext links towards the Site which use techniques such as the framing or the insertion by hypertext links (in-line linking) are strictly prohibited.
Any representation or reproduction, total or partial, of the Site and its contents, by whatever process, without the prior express authorization of My American Store, is forbidden and will constitute a counterfeit sanctioned by the provisions of the Code of the Intellectual Property.
The acceptance of the present CGV is worth recognition by the Client of the rights of intellectual property of My American Store and commitment to respect them.
Article 19. Validity of the General Conditions
Any modification of the legislation or the regulation in force, or any decision of a competent court invalidating one or more clauses of the present General Conditions of Sale would not affect the validity of the present General Conditions of Sale. Such a modification or decision does not authorize Customers to disregard these General Terms and Conditions of Sale.
Any conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail sector, for companies whose registered office is located in the United States.
Article 20: Modification of the General Conditions
These General Terms and Conditions of Sale apply to all purchases made online on the Site, as long as the Site is available online.
The General Conditions are dated in a precise way and can be modified and updated by My American Store at any time. The applicable General Conditions are those in force at the time of the Order.
The modifications brought to the General Conditions will not apply to the Products already bought.
Article 21. Jurisdiction and applicable law
THE PRESENT GENERAL CONDITIONS AS WELL AS THE RELATIONS BETWEEN THE CUSTOMER AND My American Store ARE GOVERNED BY THE FRENCH LAW.
IN CASE OF DISPUTE, ONLY THE FRENCH COURTS WILL BE COMPETENT.
However, before any recourse to the arbitral or state judge, the Customer is invited to contact the service complaint of My American Store.
If no agreement is found or if the Client justifies to have tried, beforehand, to solve his dispute directly with My American Store by a written complaint, it will be then proposed an optional procedure of mediation, led in a spirit of loyalty and good faith in order to reach an amicable agreement at the time of the occurrence of any conflict relative to the present contract, including bearing on its validity.
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict.
The mediation not presenting a compulsory character, the Customer or My American Store can at any time withdraw from the process.
IN THE HYPOTHESIS OR THE MEDIATION WOULD FAIL OR WOULD NOT BE CONSIDERED, THE LITIGATION HAVING BEEN ABLE TO GIVE PLACE TO A MEDIATION WILL BE ENTRUSTED TO THE COMPETENT JURISDICTION INDICATED ABOVE.
WITHDRAWAL POLICY
Principle of retractation
The Client has, in principle, the right to retract by returning or restituting the Product to My American Store, without giving any reason.
For that, the Product will have to be sent back or restored at the latest in the 30 days following the communication of its decision to retract, unless My American Store proposes to recover itself the Product.
Time of retractation
The delay of retractation expires 30 days after the day when you, or a third party other than the carrier and designated by you, takes physically possession of the good.
In the event that the Customer has ordered several Products via a single Order resulting in several Deliveries (or in the case of an Order for a single Product delivered in several batches), the withdrawal period shall expire 30 days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
In case of delivery of the Product in several batches of pieces, the withdrawal period will expire 30 days after the day when you, or a third party other than the carrier and designated by you, takes physical possession of the last batch or the last piece.
On a commercial basis, My American Store proposes a thirty (30) day retraction period. Thus, the delay of retraction expires thirty (30) days after the day when you or a third party other than the carrier and designated by you, takes physically possession of the good.
Notification of the right of withdrawal
To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) to : 25, rue de Ponthieu, Paris 75008, FRANCE or to: contact@My-American-Store.com
You can also use the form below:
WITHDRAWAL FORM
To the attention of My American Store 25, rue de Ponthieu, Paris 75008, FRANCE
E-mail address of My American Store : contact@My-American-Store.com
I hereby notify you of my withdrawal from the contract concerning the sale of the product below:
Product reference : __________________
Order Number: _______________________
- Ordered on [____________] / delivered on [________________]
- Payment method used :
- Name of the Customer and if applicable the beneficiary of the order: __________________
- Customer's address : __________________
- Customer's signature
- Date of order
In order for the withdrawal period to be respected, the Customer must transmit his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
To return a product, you must send it by post to the address provided by our customer service department when you requested the return.
You will be responsible for paying your own shipping costs to return your item. Shipping costs are not refundable. If you receive a refund, the return shipping cost will be deducted from your refund.
Effects of withdrawal
In the event of retractation on behalf of the Customer, My American Store is committed to refunding the totality of the paid sums, including the expenses of Delivery, without unjustified delay, and at the latest in the 30 days as from the date on which it is informed of the decision of the Customer to retract (Article L.221-24 of the Code of the consumption).
Unless it proposes to recover itself the Products, My American Store can defer the refunding until recovery of the Products or until the consumer provided a proof of the expedition of the Products, the date retained being the one of the first of these facts.
My American Store will proceed to the reimbursement by using the same means of payment that the Client will have used for the initial transaction, except if the Client expressly agrees to use another means of payment and insofar as the reimbursement will not cause costs for the Client.
Return Policy
In any case, the Client must return the goods to My American Store, 25, rue de Ponthieu, Paris 75008 FRANCE, within 30 days of communicating his or her decision to withdraw from the present contract.
This delay is considered respected if the Customer sends back the good before the expiration of the delay of 30 days.
Return costs
The Customer shall bear the direct costs of returning the goods.
If the good, due to its nature, cannot normally be returned by post and was delivered to the Customer's home at the time of the conclusion of the contract, we will collect the good at our own expense.
Condition of the returned good
The Product must be returned according to the instructions of My American Store and include all the delivered accessories.
The responsibility of the Customer is engaged only with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this Product. In other words, the Customer has the possibility to test the Product but his responsibility may be engaged if he proceeds to manipulations other than those necessary.