Terms of service

Last updated: 28/06/2023

1. DEFINITION

  • CGU: Refers to these General Terms of Use, governing the contractual relationships between MIRETTE and the USERS.
  • CGV: Refers to the General Terms of Sale, governing the relationships between SELLERS and USERS.
  • Account: Refers to the personal space of the USER on the Site.
  • Elements: Refers to all intellectual property rights (such as copyright, neighboring rights, trademark rights, database producer rights) covering both the structure and content of the Site, including images, sounds, videos, photographs, logos, trademarks, graphical elements, textual elements, visual elements, tools, software, documents, data, database, etc.
  • MIRETTE is a limited liability company with a share capital of €1,000, registered office at 263 rue de la laïcité 34070 Montpellier, registered in the Montpellier Trade and Companies Register under number 950 900 548, represented by Mrs. Alexia REAU, acting and having the necessary powers as manager.
  • Products: Refers to any product offered for sale by a SELLER via the Site.
  • Services: Refers to the features offered to USERS by MIRETTE via the Site; these features essentially relate to the Marketplace provided by MIRETTE and are described in Article 3 of the CGU.
  • Site: Refers to the website accessible free of charge at www.mirette-arts.com and all content created, including the graphic charter, frames, banner, flash and video animations, source code, HTML code, and programming.
  • USER: Refers to any visitor accessing the Site.
  • SELLER: Refers to any person offering a Product for sale on the Site.
  • Parties: Refers to MIRETTE and the USERS.

2. OBJECT AND ACCEPTANCE OF THE CGU

  • Access, consultation, and use of the Site are subject to the unreserved acceptance of the CGU.
  • The CGU aim to determine the conditions of use of the Site and the Services made available to USERS by MIRETTE.
  • Contractual relationships between MIRETTE and SELLERS are also governed by the CGS available on the Site at: https://mirette-arts.com/pages/conditions-generales-de-service.
  • Contractual relationships between SELLERS and USERS are governed by the CGV made available to USERS to finalize the purchase of a Product.
  • Any USER accessing and consulting the Site and/or using the Services declares having read and expressly accepted the CGU without reservation and/or modification of any kind.
  • The CGU are fully enforceable against USERS.
  • Any processing of personal data under these terms is subject to the provisions of our Privacy Policy, which is an integral part of these CGU. The Privacy Policy is accessible at: https://mirette-arts.com/policies/privacy-policy.

3. SERVICES OFFERED

  • The Services provided by MIRETTE include the functionalities described in this article.
  • Functionalities offered to USERS via the Site include:

  1. Search engine functionalities, consultation of Product offers, and SELLER profiles:

    • From the search engine, the following are accessible:
      • The ability to search for Products listed on the Site.
    • From a Product offer page, the following are accessible:
      • Consultation of SELLER profiles.
      • Presentation of similar Product suggestions.
      • Adding a Product to the cart.
      • Accessing the cart and estimating shipping costs for a Product.
      • Contacting the SELLERS.
      • Reporting abuse.
      • Consulting the following information:
        • Delivery areas.
        • Delivery times.
        • Delivery costs.
        • Specific indications related to the Product.
        • Information about the SELLER (name, country of origin, contact form).
    • From the SELLER profile page, the following are accessible:
      • Consultation of the following information:
        • City and country of residence.
        • Description of the SELLER.
        • Delivery policy.
        • General terms of sale.
        • Legal notices.
        • Customer reviews.
      • Reporting abuse.
      • Consultation of the SELLER's Product offers.
      • Ability to leave a customer review.

  2. Account management functionalities:

    • From the "My account" tab, the following are accessible:
      • Managing (updating, modifying, etc.) personal information provided during Account creation at any time.
    • From the "My orders" tab, the following are accessible:
      • Tracking and viewing the history of purchases made via the Site.
      • Requesting an invoice for an order.
      • Requesting a return or exchange by clicking on the order details.
      • Reordering a previously ordered product.

  3. Messaging functionalities:

    • Access to external messaging (contact form):
      • USERS can contact SELLERS via the contact form accessible from the SELLER's page.
      • MIRETTE has no control or visibility over messages exchanged through this channel and cannot be held responsible for the content exchanged between the Parties.
    • Access to internal messaging:
      • Only USERS with an Account can access internal messaging in case of a return or exchange request.
    • Functioning of internal messaging:
      • USERS, logged into their Account, can exchange with SELLERS once their order has been accepted and processed.
      • Accessing the history of their conversations with the SELLER.
      • USERS are informed of any new message received by email to the address provided during Account creation.
    • Rules regarding the use of messaging:
      • USERS are solely responsible for the content of private messages exchanged via messaging.
      • USERS using messaging agree to:
        • Adopt respectful and fair behavior towards their interlocutors.
        • Recognize that sending private messages via messaging is primarily for exchanging information related to Product offers.
        • Not use messaging for sending messages or photos contrary to the Code of Conduct attached to these CGU.
      • USERS are recommended to exercise caution when communicating personal information such as their email addresses or phone numbers to their interlocutors.
      • USERS are informed that all functionalities may be denied without connection to an Account.
      • Thus, without connection to an Account, USERS can, from the Site:
        • Contact sellers via external messaging.
        • Consult all Products listed on the Site.
        • Perform a Product search on the Site.
        • Consult SELLER profiles.
        • Add a Product to their cart.
        • Access the cart and estimate shipping costs for a Product.
      • However, without connection to an Account, USERS will not be able to finalize an order via the Site.

4. USE OF A PAYMENT SERVICE PROVIDER

  • The payment service is subcontracted to a Payment Service Provider chosen by MIRETTE and mentioned at the following address, STRIPE, whose general conditions are accessible at: https://stripe.com/fr/legal/ssa (the "PSP").
  • The PSP is a third party acting as an intermediary to authorize, organize, verify, and regulate online payments made through the Site. The payment interface, payment security, and technical aspects are the responsibility of the PSP.
  • Any sale made through the Site will be fully paid by the USER to MIRETTE via the PSP. MIRETTE will then receive, on behalf and for the account of the SELLER, the sale price through the PSP, which will deposit the corresponding sums in an escrow account (also called a trust account) in accordance with applicable legislation, before transferring this amount to the SELLER's payment account. This constraint secures all parties to the transaction: SELLER, USER, and MIRETTE.

5. RESPONSIBILITY OF MIRETTE

  • As a host:
    • MIRETTE is subject to the liability regime provided in articles 6.I.2. and following of law no. 2004-575 of June 21, 2004, for confidence in the digital economy; as such, MIRETTE cannot be held responsible for the content of offers published by SELLERS as well as messages and content exchanged between SELLERS and USERS and gives no guarantee, express or implied, in this regard.
    • MIRETTE is a third party to the correspondence and relationships between SELLERS and USERS, and thus excludes all liability in this regard.
  • As an online public communication service provider, MIRETTE undertakes to implement all necessary means to ensure the best possible provision of the Site and Services to USERS and SELLERS.
    • However, MIRETTE declines any responsibility in case of:
      • Interruptions, breakdowns, modifications, and malfunctions of the Site and/or Services, regardless of the communication medium used and their origin.
      • Loss of data or information stored by MIRETTE.
      • Temporary inability to access the Site and/or Services due to technical problems regardless of their origin.
      • Direct or indirect damages caused to the USER, regardless of their nature, resulting from the content of offers and/or access, management, use, operation, malfunction, and/or interruption of the Service.
      • Abnormal use or illegal exploitation of the Services by any USER or SELLER.
      • Poor execution or non-execution of transactions by SELLERS or USERS in connection with the use of the Services.
      • Computer attack or hacking, deprivation, deletion, or prohibition, temporary or permanent, for any reason, of internet access.
    • MIRETTE reserves the right, at any time, to modify or discontinue access to all or part of the Site and/or Services.
    • USERS waive any recourse against MIRETTE in case of lawsuits initiated by a third party against them due to the use and/or illegal exploitation of the Services, in case of loss of a USER's password, or in case of identity theft.
    • USERS are responsible for taking all appropriate measures to protect their data, software, computer systems, and other hardware, especially against virus contamination.
  • MIRETTE acts as an intermediary and is responsible only for the proper execution of the general obligations under these CGU, including the proper execution of the contracts concluded with the USERS.
    • MIRETTE cannot be held responsible in the event of force majeure (unforeseeable, unavoidable, and external event).

6. INTELLECTUAL PROPERTY

  • The Elements of the Site are protected by intellectual property rights.
  • Access to the Site and its Services does not grant the USER any intellectual property rights over any of the Elements of the Site.
  • The USER must obtain prior written authorization from MIRETTE for any reproduction, publication, copy, or use of the various Elements of the Site.
  • Any illicit use of the Site or its Elements will be considered as an infringement and prosecuted under intellectual property law.

7. PERSONAL DATA

  • USERS are informed that the creation of an Account on the Site implies the collection and processing of personal data concerning them by MIRETTE.
  • The personal data collected is necessary for MIRETTE to ensure the proper functioning of the Site and the Services offered.
  • The data collected will be processed in accordance with the provisions of our Privacy Policy.
  • The USERS have the right to access, rectify, and delete data concerning them. They can exercise this right by writing to the following address: privacy@mirette-arts.com.

8. MODIFICATION OF THE CGU

  • MIRETTE reserves the right to modify the CGU at any time.
  • The modified CGU will be communicated to the USERS via the Site at least fifteen days before their effective date.
  • The continuation of the use of the Site and the Services by the USER after the entry into force of the modified CGU implies acceptance of these modifications.

9. APPLICABLE LAW AND JURISDICTION

  • These CGU are subject to French law.
  • Any dispute arising from the interpretation, execution, or termination of these CGU will be subject to the exclusive jurisdiction of the competent courts in Montpellier, France.

10. CONTACT

  • For any questions or comments regarding the CGU or the Site, USERS can contact MIRETTE at the following address: contact@mirette-arts.com.