Last updated on May 29, 2021
1. Preamble
The Site www.mimiliberte.com (“the Site”) is an e-commerce Site allowing the purchase of clothing and fashion accessories.
These General Conditions of Sale are concluded between, on the one hand,
DINGO, a simplified joint-stock company (SAS) with a share capital of 124,080.00 EUROS, registered in the Paris trade and companies register under number 513 500 108, including the intra-community VAT number FR 74 513 500 108 and whose head office is located at 29 Rue des petits champs, 75001 Paris, represented by Michel Klein, its chairman (“SAS DINGO”, “the Seller” or “the Publisher”).
And any natural person, acting in a personal capacity (consumer), who comes into contact with SAS DINGO with a view to acquiring a Product offered for sale on the Site (“the Customer”).
2 – Definitions
“Customer”: means a natural person, acting in a personal capacity (consumer), who contacts SAS DINGO with a view to acquiring a Product offered for sale on the Site.
“Site content”: elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases and / or software.
“Site” or “Website”: refers to the Website accessible at the address www.mimiliberte.com, published by SAS DINGO.
“Customer Account”: refers to the space accessible from the Site, which any Customer can create in order to benefit from the services offered by the Site.
“Product”: any merchandise offered for sale on the Site.
“Order”: refers to the request for Products made by the Customer to SAS DINGO.
“The Seller” or “the Publisher”: SAS DINGO taken in its capacity as seller of Products on the Site as well as publisher of the Site.
“Recipient” means the natural person designated by the Customer to receive the Order.
“Delivery”: refers to the shipment of the Product to the Customer.
“Delivery Time”: refers to the period between the date of validation of the Order and the date of Delivery of the Order to the Customer.
“Delivery Costs”: refers to the cost of the costs incurred by the Seller to deliver the Order to the Delivery address indicated by the Customer.
“Delivery Method”: refers to any standard or express delivery method available on the Site at the time of the Order.
“Price”: designates the unit value of a Product, this value is understood to include all taxes and excluding Delivery Costs.
3 – Fields of application
3.1 These General Conditions of Sale apply to all Orders placed by Customers on the SAS DINGO Site (www.mimiliberte.com).
The General Conditions of Sale exclusively govern the contractual relations between the Client and the Publisher and define the rights and obligations of the parties in the context of the sale of Products by the Publisher to the Client on the Site whether he is of French nationality or foreign.
3.2 Use of the Website and any validation of an Order constitutes unreserved acceptance of these General Terms and Conditions of Sale. Thus, the Customer acknowledges having read, prior to sending his Order, the General Conditions of Sale.
3.3 All Orders and acceptance of the General Conditions of Sale must be made by persons legally capable and authorized to contract. Failing this, the Client must have the authorization of a tutor, a curator if he is unable to do so, and their legal representative if they are minors.
3.4 In addition, when the Customer places an Order other than on the Website (whether by email, telephone, etc.), he acknowledges having read the General Conditions and having accepted them from the moment he receives an email. of Order confirmation and does not dispute it. In any event, he can find out about these General Conditions of Sale by consulting them on the Site.
4 – Products
4.1 The Products determined by the General Conditions of Sale are those which appear on the Website. Their detailed descriptions appear there in order to allow the Customer to know the main characteristics before placing an Order. The Products are accompanied by photographs that are as accurate as possible. However, these cannot ensure perfect similarity with the Products, particularly in terms of colors or shapes, which may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the ‘screen or depending on the display resolution. The images are therefore not contractual.
Products and sale items cannot be returned, exchanged or reimbursed.
4.2 The Prices and offers of the Products and services are valid as long as they are visible on the Site. In the case of an exhaustionor of a shortage of stock, the Publisher undertakes to inform the Customer by a mention “Temporarily unavailable”, “unavailable” or the equivalent as well as “available in store” if the Product (s) are possibly still in stock. sale in physical stores of the Publisher.
In addition, adding a Product to the basket does not constitute validation of an Order. Thus, between the time of adding to the basket and validation / payment of the Order by the Customer, the Product may become unavailable.
Furthermore, if the unavailability of the Product or service has been noted after validation of payment, the Publisher undertakes to cancel the Order and reimburse the full price of the unavailable Product ordered by the Customer. In this case, the refund will be made without delay and at the latest within fourteen (14) days of payment of the sums paid by the Customer.
In the event of an Order comprising several Products, SAS DINGO will deliver the other available Products.
5 – Price
5.1 The Price of the Products is freely determined by SAS DINGO. Product Prices are those indicated in the offer on the day of the Order and may be changed by the Publisher.
The prices of the Products and services presented on the Site are indicated in Euro, all taxes included (TTC). They are understood to be exclusive of Delivery Costs, invoiced additionally unless otherwise stated or special conditions. When the Delivery Costs are invoiced, they will be indicated before the final validation of the Order in the “summary” step. The amount of the charge will depend on the selected Delivery Method.
Prices including all taxes are understood to include the application of VAT (Value Added Tax) for Products delivered in the European Union. The Prices include the VAT in force in France at the time of the Order. Any change in the legal French VAT rates will be reflected in the Price of the Products and services presented on the Site, on the date stipulated by the relevant implementing decree.
6 – Payment
Payments are made by credit card (Credit card, Visa, Mastercard, American Express) or through the secure payment system PayPal. If payment has been refused, the Order cannot be shipped.
In case of purchase by credit card, the amount of the Products will be debited when the Products are shipped. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his bank card, the Customer authorizes the Seller to debit his bank card for the amount corresponding to the Price of the Product ordered.
In case of unavailability of the Product, the amount thereof will not be debited.
7 – Conclusion of the Order
To place his Order electronically, the Customer must follow the following steps:
Enter the address of the Site in your browser
Select the desired Product, optional: choose the colors or sizes
Add Product to Cart
Check your basket and correct any errors
Reread the Order summary to verify the Total Price and the accuracy of the Order
Choose the delivery method
If applicable, enter any promotional code they have
Click on the “Pay” option and choose the payment method
Accept these General Terms and Conditions of Sale by checking the box provided for this purpose with the words “by ticking this box, you accept our GTC”
Confirm order
Follow the instructions given by the online payment server in order to pay for the Product (s) ordered
Once the Order has been validated and paid for, the Publisher undertakes to send an Order confirmation email to the Customer electronically to the email address indicated by the Customer. It is important to provide you with the references of this email for all correspondence. If you do not receive a confirmation email, contact serviceclients@mimiliberte.com.
The sale is considered final when the Seller has accepted the Order by sending a confirmation email.
8 – Right of withdrawal
The Customer, as a consumer, benefits from the legal right of withdrawal provided for in Article L 121-20 of the Consumer Code. The withdrawal and return period for Products purchased on the Publisher’s Site is fourteen (14) days from receipt of the Order by the Customer, without having to justify reasons or pay a penalty, for the purposes exchanges or refunds, provided that the Products are returned in their original packaging and in perfect condition within 14 (fourteen) days at most following notification to the Seller of the consumer Customer’s decision to withdraw.
If the end of the period ends on the weekend or a public holiday, it is then extended until the next working day. For example, if the end of delai is a Saturday or Sunday, or a public holiday, it is then extended until Monday.
9 – Delivery
9.1 The Delivery costs offered on our Site have been established on the basis of the volume and weight of the Product as well as the rates in force for the post office and our transport. Depending on each of the Delivery Methods chosen by the Customer, then the conditions applied by the corresponding partner (including Colissimo – DHL) will apply
9.2 The Delivery Times will depend more or less on the volume of the items. In fact, small and medium-sized items are shipped by Colissimo or DHL within 3 (three) to 5 (five) days after confirmation of the Order, subject to the availability of the Products.
As specified in article 4 above, in the event of unavailability after validation of the Order, the Publisher undertakes to notify the Customer and to reimburse these Products by crediting the means of payment used during the the command.
9.3 Orders are shipped to Mainland France and Overseas France, Corsica, Monaco and all geographic areas offered on the Site at the time of placing an Order. For all other destinations, please contact serviceclients@mimiliberte.com.
The Order is delivered to the address indicated by the Customer when ordering.
Any Order placed will be sent according to the Delivery Method chosen by the Customer at the time of the Order.
The Customer must ensure that, at the time of the Order, all of his delivery details and landline or mobile phone numbers are provided in the form provided for this purpose.
The Customer must carefully fill in his delivery details and telephone number. Indeed, in the event of an impossibility or a delay of Delivery due to an error or imprecision in the delivery details, neither the Site nor the carrier can be held responsible.
Once the Delivery has been made and the Order has been received, the Customer is required to immediately check whether it is complete, compliant, and whether the Products do not show any anomaly.
10 – Product return conditions
10.1 The Customer has a period of fourteen (14) days to return his Order, from the day of receipt of his Order. To make the return, the Customer must notify the Publisher by email, indicating the Order number, at the following address: serviceclient@mimiliberte.com.
The Product (s) must be returned in their original packaging and condition (neither worn nor washed, still bearing their original labels), with all possible accessories and documentation in perfect condition for resale. The return of the Product must be made in packaging provided for this purpose.
The Publisher undertakes to reimburse or exchange the returned Products, after checking their condition, and provided that the return complies with the conditions set out above.
In the event of non-compliance with these conditions (Products damaged, incomplete, absent or whose original packaging has been damaged), the Product will not be exchanged or refunded and will be returned to the Customer.
10.2 In the event of a request for reimbursement of an Order under the right of withdrawal, the Publisher must return the amount paid to the Customer, without penalty, without delay and at the latest, within fourteen (14) days following the date of receipt of the returned Products or after receipt by the Seller of any proof of shipment of the Product by the Customer such as a copy indicating the date of shipment of the Product by registered mail.
Return costs will be fully reimbursed only if the return of the returned Product (s) is due to an error on the part of SAS DINGO.
10.3 If you wish to cancel an Order, you must contact serviceclient@mimiliberte.com.
10.4 If you wish to modify an Order (modify the address, add Products or other), you must contact the customer service@mimiliberte.com
11 – Guarantees
11.1 The Publisher undertakes to comply with the sending conditions, that is to say to deliver the Products ordered by the Customer in closed, resistant packaging appropriate to the content and transport requirements. Any Product damaged or lost during transport will be replaced or refunded depending on the available stock. It is important that the Customer or his recipient has signed the Delivery slip or transport receipt presented by the carrier on which he must write down (handwritten reservations) details, date and signature. If the Customer signs the Delivery slip or the transport receipt without making a reservation, he then recognizes that his package has not been damaged by transport.
The original packaging should be kept in the event of a dispute until it is resolved.
The Customer or his Recipient is advised to inform Customer service by email to serviceClients@mimiliberte.com in a delay at 72h00 from the date of Delivery. Once the deadline has passed, no complaint can be taken into account.
11.2 The Customer benefits from the legal guarantee for lack of conformity as provided for by Articles L.211-4 and L.211-5 of the Consumer Code:
Art. L. 211-4 of the Consumer Code: “The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ”.
Art. L. 211-5 of the Consumer Code:
“To be in conformity with the contract, the good must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. “
When the Customer acts as a legal guarantee of conformity, he:
– will benefit from a period of 2 (two) years from the delivery of the Product to act
– may choose between repair or replacement of the Product subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code
– will be exempt from providing proof of the existence of the lack of conformity of the Product during the 6 (six) months following delivery of the Product
We point out that the photographs of the Products presented on the Site are as accurate as possible but cannot ensure perfect similarity, particularly in terms of colors or shapes, which may vary significantly from one computer station to another or differ from reality depending on the quality of the graphics accessories and the screen or the resolution of the display. The images are therefore not contractual.
11.3 The Customer also benefits, according to article 1641 of the Civil Code, from the legal guarantee against hidden defects on the Products sold on the Site.
For the Customer to benefit from this guarantee, four conditions must be met:
The defect or defect affecting the Products purchased is serious
The defect or defect must be concealed;
The defect or defect existed before the purchase even if it appeared later;
It must not be the consequence of improper use of the Product.
In order to benefit from this guarantee, the Customer must act within two (2) years from the day on which the defect or defect was discovered at most. If all the conditions are met, the Customer can then request the replacement of the Product or the reimbursement of the Product, Delivery costs included.
11.4 The Publisher undertakes to reimburse or exchange defective Products damaged or damaged or not corresponding to the Customer’s Order.
11.5 Any complaint must be made by e-mail to customer service serviceclients@mimiliberte.com. Depending on the cases mentioned above, any complaint must be justified and accompanied by supporting documents. The Customer must specify whether he wishes a replacement or a refund.
11.5.1 To respond to a complaint made by the Customer by email, the Publisher undertakes to send an acknowledgment of receipt by email, specifying that the request has been taken into account.
11.5.2 In the event of a replacement request under one of these guarantees (unless the parties have agreed otherwise), the Product (s) will be shipped without delay. Customer service must contact the Customer no later than 2 (two) working days after acceptance of support by SAS DINGO.
In the event of a request for reimbursement of the Product under one of these guarantees, it must be made without delay and at the latest within fourteen (14) working days following the date of acceptance of support by the Publisher.
The following will be reimbursed: the Price of the Product (s) which is the subject of the complaint, the delivery costs of the Order based on the invoiced price, the return costs paid by the Customer upon production of a supporting document (in particular an invoice) within the limit of return costs assumed as stipulated above.
12 – Intellectual property
12.1 All Products, photographs, texts and videos as well as all elements of the Publisher’s Website, whatever they may be, are the exclusive property of the latter.
12.2 All of the elements listed above, without this list being exhaustive, are protected by copyright, designs, trademarks or patents.
12.3 Reproduction of all or part of the Products and elements of the Website, whatever they may be, constitutes infringement within the meaning of the Intellectual Property Code.
13 – Responsibilities
13.1 The Publisher cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by law and case law. French.
13.2 Likewise, the Publisher cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a disruption of service, an external intrusion or the presence of computer viruses.
14 – Applicable law and dispute resolution
The General Conditions of Sale are governed by French law and are subject to the jurisdiction of the French courts, subject to specific attribution of jurisdiction arising from a particular law or regulation.
In the event of disputes, the Customer may make their complaints to the Publisher’s Customer Service Department by emailing serviceclients@mimiliberte.com in order to seek an amicable solution.
Only complaints relating to the sale of Products on the Site will be taken into account.
The Consumer Client is informed that he can resort to conventional mediation, in particular with the Paris Mediation and Arbitration Center (“CMAP”) for any dispute concerning the sale of a Product purchased on the Website, subject to compliance with the conditions of admissibility of his request. To find out about these conditions and contact CMAP, the Consumer Client can visit the site: www.cmap.fr or contact him either by post at the following address: CMAP-Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt, 75008, Paris, or by email: consumption@cmap.fr.
The European Commission provides consumers with an out-of-court dispute resolution platform that allows consumers to initially settle out-of-court disputes relating to their online orders. Link to the online dispute resolution platform: ec.europa.eu/consumers/odr/
15 – Modification of the General Conditions of Sale
SAS DINGO reserves the right to subsequently modify these General Conditions of Sale. Any modification will take effect from the online publication of new General Conditions of Sale to replace these, for offers already posted online. For current transactions, only the previous General Conditions of Sale, under which they were concluded, will apply.
In such a case, the Customer will be informed by the Seller. The applicable Conditions are those in effect when the Customer purchases Products on the Site on the date the Order is placed.
The invalidity of one or more clauses of these General Conditions of Sale may in no case entail the invalidity of the General Conditions of Sale in their entirety.