TERMS AND CONDITIONS

Welcome you on www.miska-paris.com.

This document together with other legal information available on the Website set out the terms and conditions in which visitors and customers of the Website can place orders, make a purchase of MISKA Paris products and use the Website. Please carefully read and review the Terms and Conditions carefully, and Privacy Policy.

By placing an order on the Website, Customer confirms that he has read and agreed to the Terms and Conditions. 

MISKA Paris reserves the right to update or modify these Terms and Conditions at any time and without prior notice. Customer must regularly check the Terms and Conditions in order to be informed of relevant changes. The applicable terms and conditions are those in effect on the Website at the time the order was placed and Customer shall always review the Terms and Conditions before placing a new order. 

 

1. PURCHASE

The customer warrants and represents that he/she is at least 18 years old and has full and legal capacity to place an order or is authorized by a parent or a guardian to place an order on the Website. Merchant may request additional documents to show evidence of Customer’s age or valid authorization to place an order on the Website.

MISKA Paris reserves the right to refuse or cancel any order in the event Customer fails to comply with the above requirements.

The content of the Website is intended solely for the personal, non-commercial use by users of the Website. 

 

2. PRODUCTS – PRICES

a. Products

Only products appearing online at the time the Customer visits the Website are available for sale and orders are subject to stock availability. 

If a Product is not available, Customer shall be informed thereof as soon as possible.

Such information may be provided to the Customer:
– At the time the order is placed: the product will be written as ‘out of stock’ on the Website.

– Following the order confirmation: if a Product becomes unavailable prior to delivery, the Customer will be contacted via email.

If Customer already confirmed the order, he/she will be entitled to either cancel the out of stock portion of the order or, cancel the order in full.

The Customer shall notify MISKA Paris within forty-eight (48) business hours from receipt of the out of stock notice if he/she wishes to cancel the order in full or cancel the out of stock portion of the order and receive the partial order.

If Customer fails to notify Merchant after forty-eight (48) business hours MISKA Paris will deliver the partial order and apply standard shipping costs

The remainder of the amount paid by Customer in connection with the out of stock Product(s) will be refunded within fourteen (14) days from notice of partial order cancellation. If Customer requests the cancellation of its order in full, the Merchant shall fully refund the Customer within fourteen (14) days from notice of order cancellation. 

Photographs, illustrations and descriptions of the Products are not contractually binding. MISKA Paris shall not be liable for any error or inaccuracy in the representations of the Products on the Website. 

b. The prices

The prices are indicated in Euros (€) ou US Dollars ($) on the Website. Prices on Product pages do not include Shipping Costs.

Prices specified on the order confirmation includes total price of the order, shipping and handling fees and accounts potential discounts.

All discounts and promo coupon are valid one time per household, are limited in time, and cannot be combined with any other offer.

MISKA Paris reserves the right to review and change Product prices at any time on the Website. Products will be invoiced at the price displayed on the Website at the time the order was placed and subject to stock availability.

c. Customs Duties

Orders shipped may be subject to import taxes and/or customs duties levied by the destination country at the time the shipment reaches the delivering country. Customer will be responsible to pay any import taxes or custom duties. 

 

3. PLACING AN ORDER

a. Ordering procedure

Customer has access to Products available for sale at the time of the visit by browsing the various Product categories.

Customer can select Products by adding them to the shopping bag and may have access to the content of his/her shopping bag at any time by clicking on the bag on the header.

The bag displays the content of the order, including shipping cost, Products name and price.

Customer can amend, modify, and cancel his/her order at any moment until the order is confirmed.

Once the Products selected are in the bag, the Customer will be able place the order by clicking on the button “PLACE ORDER”.

Customer will be invited to Fill out a form with personal information, including name, first name, email address, billing address, delivery address. Customer will be invited to create an account (with email and password)

Customer acknowledges that personal data provided to the MISKA Paris and stored in the system are accurate and are valid proof of identity. Personal information is handled in compliance with the Privacy policy of the Website.

After completing personal information and delivery address, Customer will be requested to select a shipping method, and then confirm the payment method.

The order confirmation page displays all information related to the order on one page, including name, price and quantity of Products ordered, order total amount (including shipping cost), billing information, shipping information.

b. Order confirmation

An order confirmation is sent by email to the Customer email address, and includes the following information:

– Order reference at the time of its validation,
– Order summary (including name of the Products, quantity, size, price),
– Total amount of the order

– Shipping costs,
– Payment confirmation.

MISKA Paris shall retain ownership of the Products until payment is received in full, including payment of shipping and handling costs. In case of payment issue, Customer will be required to return the products to the MISKA Paris within a reasonable time.

In the event MISKA Paris or the payment processing provider suspects fraud, MISKA Paris reserves the right to request, before shipment, additional information to confirm the identity of the Customer. 

If the Customer fails to answer within fifteen (15) days from receipt of the request , the order will be cancelled and MISKA Paris will promptly refund to Customer the total amount of the order.

c. Proof of Order

It is agreed between the Parties that emails and electronic data stored on the Website constitute proof of all the transactions and the content of the transaction made between the Parties.

 

4. PAYMENT

Amount to be paid by the Customer is mentioned on the confirmation page on the Website, on the confirmation email sent by MISKA Paris to the Customer.

Customer may pay order using different payment methods. The Website uses a dedicated secured payment platform to enter payment data.

Payment of orders placed on the website can be done by using either one of the following credit or debit cards: Visa, MasterCard, American Express; or by using a PayPal account.

Order is deemed completed once payment is reviewed and approved.

Merchant reserves the right to refuse orders if MISKA Paris suspects Customer intends to resell Products, there is an on-going dispute with the Customer, partial payment of a former order is due to Merchant, transaction by credit or debit card was declined, payment wasn’t made in full Customer’s use of the Website is abusive or fraudulent and/or is not in compliance with the Terms and Conditions.

 

5. DELIVERY

a. Delivery conditions

Once the order has been prepared, it will be shipped to the delivery address indicated on the order.

Products will be delivered using the delivery method selected by the Customer.

b. Delivery time

Any order placed on www.miska-paris.com website will be prepared and shipped the next day, provided payment was received. 

After processing the order, products will be shipped using the shipping method selected by the customer and will be delivered in accordance with the delivery time specified on the website at the time the order was completed.

Orders placed on Friday, during weekend or holidays, will be shipped the following business day. Estimated delivery time is indicated for informational purposes only and will apply from the date the order is shipped.

Customer’s failure to provide accurate, complete and current personal information may cause a delay or a cancellation of the order. Customer will be responsible for all additional costs incurred by replacing or resending the order. MISKA Paris cannot be held liable for any delay or cancellation resulting from the failure to provide complete, accurate and current personal information.

MISKA Paris shall not be held liable for delays on orders when additional processing time is required.

Orders will be processed and shipped within thirty (30) days from order confirmation, provided full payment of the order was made in compliance. Customer may cancel the order if order was not

received within thirty (30) days.

c. Delivery delays

In the event the order was not received within thirty (30) days from confirmation Customer may cancel his/her order by notifying Customer Service.

MISKA Paris shall promptly refund Customer the full amount of the order, using the payment information provided at the time the order was placed, no later than fourteen (14) days from Customer notification of cancellation. No other compensation or damages will be payable by MISKA Paris.

In the event of a partial delivery only the portion that was not delivered can be refunded.

Any delay in delivery must be promptly notified to Customer Service. MISKA Paris will give to the Customer the option to resend the order and will notify the Customer of the new estimated delivery time. If the Customer does not receive the second delivery, the Customer will be entitled to request a cancellation and full refund of his order.

d. Receipt of order

Delivery is deemed completed as soon as the order has been received at the address provided at the time of the order. Customer may track his/her order with a tracking number provided by MISKA Paris.

On receipt of the order, Customer shall check the conformity of the order received. Customer shall report non-conformity or damages in the order within three (3) days from the date order was delivered by sending a mail to: order@miska-paris.com

 

6. RETURNS, REFUNDS AND EXCHANGES

First of all, in case of any problem, please contact MISKA Paris customer service at: order@miska-paris.com

Customer has a period of fourteen (14) calendar days (calendar days include Saturdays, Sundays and holidays) after the receipt date of the order to return the item(s) for an exchange, a partial or a full refund of the order.

All items purchased on sale are final sale and cannot be returned or exchanged. No refund will be issued.

1. Items must be returned in their original condition, labeled and complete (along with all accessories). Products that are returned, including incomplete, damaged, worn, soiled or washed will not be accepted. Products must also have the protective tape on the bottom of swimwear, with barcode label still attached top product. For hygienic reasons, please note that swimwear should be tried on over own underwear, without removing the protective tape.

2In addition, Customer shall include in its package delivery packing list received with the order.
Customer shall keep a proof of shipment until return has been finalized.

3. Products in their original packing and in perfect condition as defined above.

Customer is responsible to comply with the procedure described above before returning the products. In the event Customer fails to comply with the conditions defined in this section, return will not be accepted, and Customer will keep the ownership of the Product(s) and will be responsible for the handling and shipping costs. 

a. Return procedure:

First of all, customer must request by email a return request to order@miska-paris.com

Customer will receive an email from MISKA Paris confirming the return request has been processed. The bank account used to make the payment will be automatically credited within a maximum of fourteen (14) days of the returned packet being received at the warehouse.

All items purchased on sale are final sale and cannot be returned or exchanged. If MISKA Paris receive a returned sale or final sale item, the package will be returned to the customer and the staff member will notify him via email. No refund will be issued.

Customer is responsible for the shipping and handling costs. In the event MISKA made a mistake when processing the order, MISKA will be responsible for shipping costs, and will send to the customer the return process.

b. Exchange procedure:

First of all, customer must request by email an exchange for item(s) he wants to exchange. He has to send his request to order@miska-paris.com.

Then customer will receive from MISKA Paris an email confirming how the exchange can be processed.

The total amount of the new products should be inferior or equal to the total amount of the returned product.  

MISKA Paris shall ship the Product(s) no later than seven (7) days from the date the returned Product(s) is/are back in stock. The Customer will receive a shipment confirmation email with the tracking number, at the time the order is shipped. 

All items purchased on sale are final sale and cannot be returned or exchanged. If MISKA Paris receive a returned sale or final sale item, the package will be returned to the customer and the staff member will notify him via email. No refund will be issued.

Customer is responsible for the shipping and handling costs. In the event MISKA made a mistake (color, size, shape) when processing the order, MISKA will be responsible for shipping costs, and will send the customer the return process.

Any question regarding return or exchange, the customer can send his message to order@miska-paris.com

 

7. INTELLECTUAL PROPERTY

All contents on the Website are the exclusive property of the Brand. Content includes, but is not limited to, images, texts, drawings, illustrations, videos, logos, artwork, designs, trademarks, names, Website structure and classification, visual identity, database and any other material included on the Website.

Website does not grant any ownership rights in the Content. Any partial or full reproduction, distribution, publication, modification, transfer or sell of any Content obtained from the Website, or otherwise create any content derived from the Content of the Website unless specifically authorized by Miska Paris.

Customer may make a copy of the Content of the Website Content for his/her sole private and personal and non-commercial use.

 

8. MISCELLANEOUS

a. Force Majeure

Parties shall not be liable for failure to complete its obligations performance arising out of a Force Majeure event.

The Party prevented from carrying out its obligation shall give notice to the other Party within five (5) days of the occurrence.

Parties agree they will use their best efforts to complete their obligation in the event of a Force Majeure.

In the event Force Majeure continues for more than one (1) month MISKA Paris will be entitled to cancel the order, and fully refund Customer for the order.

b. Severability

If any provision of the Terms and Conditions is deemed invalid or otherwise unenforceable, in whole or in part, in accordance with the applicable laws, that provision shall be deemed severable from and shall not affect the enforceability of the other provisions of the Terms and Conditions.

c. Entire Agreement

The Terms and Conditions and the order confirmation sent to the Customer constitute the entire agreement between the Parties and supersede any previous agreement or undertakings between the Parties.

d. Access to Terms and Conditions

At any time, Customer is allowed to print or make a copy of the Terms and Conditions, The applicable Terms and Conditions are available at any time on the Website under “Terms and Conditions”.