General Terms and Conditions of Sale (GTC) - Madame Élégante
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Article 1 - Purpose
These General Terms and Conditions of Sale (GTC) define the rights and obligations of the sole proprietorship Madame Elégante and its customers in connection with the online sale of clothing and, depending on the suppliers, jewelry and accessories. Any order placed on the website www.madame-elegante.com implies unreserved acceptance of these GTC.
Article 2 - Seller's Identity
Madame Elégante - Sole Proprietorship
VAT not applicable, article 293 B of the French General Tax Code. Email: contact@madame-elegante.com
Article 3 - Products and Prices
Product prices and promotional offers
The products offered for sale are presented on the website with their descriptions, features and prices.
Prices are indicated in euros, all taxes included (TTC), at the current VAT rate. Any shipping costs are indicated separately before the order is confirmed.
The company SASU Madame Élégante reserves the right to change its prices at any time. However, products will be invoiced based on the prices displayed at the time the order is confirmed.
In the event that a product is unavailable or its features are modified after the order has been placed, the customer will be informed as soon as possible so that a suitable solution can be offered, in accordance with their rights.
Promotional codes and special offers
Madame Élégante may occasionally offer promotional codes, discounts or exclusive commercial offers.
Certain items, collections or product categories may be excluded from these offers, notably seasonal boxes, gift sets, product bundles, limited editions, as well as items already on promotion or sale.
Promotional codes cannot be combined, unless otherwise stated.
Exclusions and specific terms of use are specified on the relevant product pages or in the terms and conditions of the promotional offer, so that the customer can review them before confirming their order.
Madame Élégante reserves the right to determine the duration, terms of use and eligible products for each promotional offer, in compliance with applicable regulations.
Article 4 - Orders and Payment
Customers can place an order on the www.madame-elegante.com website. Payment is secure and can be made by credit card or Apple Pay.
The order is confirmed once payment has been validated. If payment fails, the order will not be confirmed and the customer may, if applicable, place a new order.
Once payment has been made and the order confirmed, it can no longer be canceled. The customer will not be able to change or cancel the order after payment has been confirmed.
If the customer wants a different product or a change, they must return the item received in accordance with the return policy, then place a new order for the desired product.
Order cancellation
Madame Élégante reserves the right to cancel any order in the following situations:
- An item is unavailable or out of stock,
- Display error on the website (incorrect price, erroneous description, technical error, item listed before its release date),
- Payment issue (payment refused, incomplete, or not validated),
- Incorrect or incomplete delivery information,
- Suspicion of fraud or unauthorized use of a payment method,
- Order deemed unusual (excessive quantity or suspicious behavior),
- Previous dispute or issue encountered with the customer during a previous order,
- Inappropriate, abusive, or disrespectful behavior toward customer service,
- Force majeure preventing the processing or delivery of the order.
In these situations, Madame Élégante reserves the right to cancel the order. If payment has already been made, a refund will be issued using the payment method used when placing the order.
Pre-orders and shipping times
Some items offered by Madame Élégante may be available for pre-order. This information is specified on the relevant product page, along with an estimated shipping date or period.
1. Shipping of orders containing a pre-order item
When an order contains one or more pre-order items, the entire order is shipped at once, as soon as all items are available.
Immediately available products are therefore not shipped separately. They are reserved and held until the pre-order items become available.
2. Pre-order shipping times
The shipping dates or periods announced on the product pages are estimates based on the information provided by our suppliers.
These timeframes are provided as a guide and may exceptionally be extended due to production, supply, or transport delays, or circumstances beyond our control.
In the event of a delay, we do everything we can to inform the affected customers and ship their orders as quickly as possible, in compliance with applicable legal provisions.
3. Pre-order processing order
Pre-orders are prepared and shipped in chronological order of order confirmation, subject to the actual availability of all items.
The first orders placed are therefore, in principle, the first to be prepared and shipped upon receipt of stock.
4. Customer information and rights
Information regarding pre-orders is provided on the product pages before the order is confirmed.
In the event of a delay, customers retain all their rights provided by the Consumer Code, particularly regarding delivery times, contract rescission, and refunds when the legal conditions are met.
Article 5 - Delivery
At Madame Élégante, we do everything we can to prepare and ship your orders as quickly as possible.
In accordance with the Consumer Code, we are informing you of the conditions applicable to the preparation, shipping, and delivery of your orders.
The preparation and delivery times, rates, areas served, as well as the terms of package tracking are detailed in our shipping policy.
You will also find all the information regarding uncollected packages at pickup points, returns to the sender, incorrect delivery addresses, lost packages as well as any potential reshipping fees.
To learn about all the applicable conditions, we invite you to consult our shipping policy.
In accordance with Article L. 221-18 of the Consumer Code, the customer has a period of 14 days from receipt of their order to exercise their right of withdrawal.
At Madame Élégante, we pay particular attention to the quality of our items. Despite our checks, it may happen that a product has a defect or does not conform to your order.
In accordance with articles L217-3 et seq. of the French Consumer Code, all our items benefit from a 2-year legal guarantee of conformity from the date of receipt.
If you notice a defect in your item, please contact our customer service team at contact@madame-elegante.com, specifying:
- Your order number.
- The name of the item concerned.
- A description of the observed defect.
- Photographs allowing the problem to be identified, if possible.
Our team will review your request and assist you with the necessary steps.
In the event of a confirmed lack of conformity, you may benefit from a repair or replacement of your item, in accordance with legal provisions. If these solutions are impossible or cannot be implemented under the conditions provided by law, a price reduction or refund may be offered.
Return and reshipping costs related to a claim under the legal guarantee of conformity are fully borne by us.
Damage resulting from misuse, improper maintenance, normal wear and tear, or intentional deterioration is not covered by this guarantee when it does not constitute a lack of conformity.
We recommend that you contact our customer service team before any return to facilitate the processing of your request.
These provisions apply independently of the 14-day right of withdrawal and without prejudice to the legal guarantee against hidden defects.
Article 8 - Customer Service
Customer Service and Request Handling
Madame Élégante is an independent French small business, not a large retailer with a large customer service department.
We personally handle order preparation, returns processing, delivery tracking, and customer inquiries.
We do our utmost to assist you with professionalism, transparency, and care, and to find a solution tailored to each situation.
For any questions, requests for assistance, or complaints, our customer service team can be reached by email at the following address: contact@madame-elegante.com.
Every request is acknowledged and processed as quickly as possible, with a typical response time of 48 hours, Monday to Friday, excluding public holidays. This timeframe is provided as a guide and may be extended during busy periods or when a situation requires additional checks, particularly with our carriers or suppliers.
To ensure that your requests are tracked effectively, we ask that you communicate with us by email rather than through social media, which is not our primary after-sales service channel.
We fully understand that a problem with an order can be disappointing or frustrating. We remain at your disposal and are committed to carefully reviewing each situation while respecting your rights.
In return, we ask our customers to communicate with respect, patience, and courtesy. No abusive, threatening, or insulting language or behavior toward our team will be tolerated.
Our goal remains to provide you with an enjoyable shopping experience and personal support, even when unexpected issues arise.
Article 9 - Dispute Resolution and Mediation
In the event of a dispute, the customer is invited to contact the Madame Elégante company directly at the address contact@madame-elegante.com in order to attempt to resolve the issue amicably.
If no satisfactory solution is found after this contact, the customer can free of charge use a consumer mediator, in accordance with article L. 612-1 of the Consumer Code. The mediator's contact details are available upon request at the address contact@madame-elegante.com or in the terms of service section on the website www.madame-elegante.com
Article 10 - Protection of personal data
The information collected on this website is necessary for order processing. It is processed in accordance with the GDPR and is only shared with essential departments (payment, delivery). Customers have the right to access, modify, and delete their data by contacting contact@madame-elegante.com
The customer is informed that their informed consent is requested for the collection of their personal data during the ordering process (checkboxes). For more details, please consult the website's privacy policy.
Article 11 - Applicable Law
These Terms and Conditions are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.
Article 12 - Warranties
Legal Guarantees
All items sold by Madame Élégante are covered by the legal guarantees provided by French law, regardless of our return policy and the right of withdrawal.
1. Legal Guarantee of Conformity
In accordance with Articles L217-3 et seq. of the French Consumer Code, all products purchased from Madame Élégante are covered by a 2-year legal guarantee of conformity from the date they are delivered.
This guarantee covers any lack of conformity existing at the time the product is delivered, in particular when an item does not match its description, does not have the advertised qualities, or cannot be used normally.
For new items, any lack of conformity appearing within 24 months of delivery is presumed to have existed at the time of delivery, unless proven otherwise or incompatible with the nature of the product or the defect.
In the event of a lack of conformity:
- You may request that the product be repaired or replaced, subject to the conditions provided by law.
- The product will be brought into conformity free of charge within a maximum period of 30 days from your request.
- If repair or replacement is impossible, refused, or cannot be carried out under the legal conditions, you may be entitled to a price reduction or a refund.
- If the lack of conformity is sufficiently serious, you may request a refund or price reduction directly, in accordance with legal provisions.
All costs necessary to bring the product into conformity, including return and reshipping costs, are borne by us.
2. Legal Guarantee Against Hidden Defects
In accordance with Articles 1641 et seq. of the French Civil Code, you are also covered by the legal guarantee against hidden defects.
This guarantee applies to defects that are not apparent at the time of purchase, which already existed at the time of sale and which make the product unfit for its intended use or so substantially reduce its value that you would not have purchased it, or would have paid a lower price for it, had you known of them.
You have a period of 2 years from the discovery of the hidden defect to exercise this guarantee, subject to the legal limitation of 20 years from the date of sale.
If the hidden defect is established, you may choose between:
- Returning the product and obtaining a refund of the purchase price as well as any costs incurred in connection with the sale.
- Keeping the product and obtaining a price reduction.
The existence of the hidden defect must be proven by the buyer, in accordance with legal provisions.
3. Defects and Damage Not Covered
Legal guarantees do not cover damage that does not result from a lack of conformity or a hidden defect, in particular when it is caused by:
- Improper use of the product or use contrary to its intended purpose.
- Improper maintenance or failure to follow maintenance instructions.
- Normal wear and tear related to the use of the product.
- Accidental or intentional damage occurring after receipt.
- Improper modification or repair that directly caused the damage.
These exclusions do not apply when a defect is actually covered by a legal guarantee.
4. Procedures for Handling Claims
If you notice a defect with your item, please contact our customer service team at contact@madame-elegante.com, providing:
- Your order number.
- The name of the item concerned.
- A description of the observed problem.
- Photographs of the defect
Each request will be carefully examined to determine the appropriate handling procedure for the situation.
If a return is necessary under the legal guarantee of conformity, we will provide you with the necessary instructions and cover the corresponding costs.
Legal guarantees apply independently of the 14-day right of withdrawal and cannot be excluded or limited by our general terms and conditions of sale.
Article 13 - Defective Products – Sale at Reduced Price
Some items may be offered at a reduced price in the "Defective" category. These products have one or more aesthetic or functional defects (e.g., irregular stitching, small stain, snag, etc.) clearly indicated in the description and visible in the photos.
By purchasing a product in this category, the customer acknowledges having been informed of the defects and accepts the item as is. These products come with no warranty and are neither returnable nor exchangeable .
Article 14 – Exceptional preparation and shipping times
The company reserves the right to apply exceptional preparation and shipping times during certain specific periods (holidays, end-of-year celebrations, exceptional commercial operations, inventories, logistical events or any other temporary circumstance affecting activity).
When such exceptional delays are put in place, they are clearly indicated on the site before order validation. By validating their order, the customer acknowledges having read and accepted these specific delays.
Exceptionally announced and accepted delivery times at the time of order cannot constitute a reason for order cancellation, refusal of receipt, request for refund of delivery costs or complaint related to preparation or shipping times, provided that the company respects the announced times.
This provision does not deprive the customer of the legal rights they benefit from under applicable regulations, particularly the right of withdrawal where applicable.
Article 15- Prevention of fraud and abusive practices
To ensure transaction security, protect our company, and ensure the fair processing of orders, deliveries and returns, Madame Élégante is implementing fraud prevention measures and measures against abusive practices.
1. Order Verification and Security
Madame Élégante reserves the right to carry out additional checks when an order contains suspicious elements that may indicate fraud or unauthorized use of a payment method.
In this context, our customer service team may contact the customer to confirm certain information relating to their order.
In the presence of serious evidence of fraud, shipping may be temporarily suspended while the necessary checks are carried out.
In the event of proven fraud or a legitimate reason, the order may be canceled in compliance with applicable regulations and the customer's rights.
2. Payment Fraud and Chargebacks
The customer agrees to use a payment method of which they are the holder or for which they have valid authorization.
In the event of a chargeback or payment dispute, Madame Élégante may provide payment service providers and banking institutions with the supporting documents necessary to review the case, including:
- Order and payment confirmations.
- Transaction details.
- Proof of shipping and delivery.
- Carrier tracking information.
- Communications with the customer regarding the order.
Any deliberately false chargeback claim, fraudulent statement, or attempt to obtain an unjustified refund may be subject to appropriate legal action.
The legitimate exercise of the customer's chargeback rights does not constitute fraud.
3. Return Verification and Compliance with Deadlines
Returns must be made in accordance with the terms and deadlines set out in our Return and Refund Policy, in compliance with legal provisions.
The customer has a legal period of 14 days from the day after receipt of their order to exercise their right of withdrawal, and then an additional 14 days from the date they communicate their decision to return the relevant items.
Requests made outside the specified timeframes may be refused, unless otherwise provided by law or by an exceptional agreement from Madame Élégante.
Each returned package may be inspected upon receipt to check that the products match the original order, their quantity, and their condition.
Any anomalies identified may lead to additional checks.
4. Incorrect, Non-Compliant, or Fraudulent Returns
To prevent errors and attempted fraud, Madame Élégante may carry out checks regarding the origin, identification, and condition of returned items.
Items may be subject to inspection, including:
- Item from another store: return of a product that was not purchased from Madame Élégante.
- Different item: return of a model, color, or size that does not match the relevant order.
- Item from another order: return of a product purchased as part of a different order without prior agreement.
- Product substitution: deliberate replacement of the originally received item with another product, identical or similar.
- Missing item: returned package does not contain all the items listed in the return request.
- Empty package: sending a package that does not contain any of the items covered by the return request.
- Deliberately damaged product: item intentionally stained, torn, cut, or damaged to obtain an unjustified refund, exchange, or replacement.
- Used or degraded item: product showing signs of handling or damage beyond what is necessary to try on and check its features.
- Missing components or accessories: product returned without certain accessories or components that were originally provided, when their absence is attributable to the customer.
- Return of an incomplete set: box, set, or bundle sold as an indivisible set, where some components are missing, subject to applicable legal rights.
- False statement: intentional false statement regarding the condition, origin, contents, or receipt of a product.
- Return already refunded or exchanged: attempt to obtain a new refund or replacement for a product that has already been refunded or replaced.
This list is not exhaustive.
The receipt of an item that did not come from Madame Élégante or does not match the product covered by the return request does not, on its own, mean that the originally sold product has been returned.
In the event of an anomaly, our customer service team may contact the customer to obtain an explanation and determine the cause of the problem.
If an item does not match the relevant order, its replacement may be arranged. If the error is attributable to the customer, the customer may be responsible for the replacement shipping costs, subject to their prior agreement and applicable legal provisions.
Any deduction from a refund will be limited to legally justified cases and amounts.
5. Fraudulent Statements Regarding Deliveries
Madame Élégante may also carry out checks when an anomaly is reported regarding the delivery of an order.
This includes:
- Claims that a package was not received.
- Claims that items are missing from an order.
- Reports of allegedly empty packages.
- Claims of damage or defects caused during transport.
- Repeated requests for a refund or replacement delivery for the same order.
These situations do not automatically constitute fraud.
In the event of a dispute, Madame Élégante may request the necessary information from the carrier and review the available supporting documents to determine the appropriate course of action.
Any deliberately false statement intended to improperly obtain a refund, replacement, or new delivery may be subject to appropriate legal action.
These checks do not affect the seller's legal liability for the delivery of orders.
6. Retention and Use of Supporting Documents
As part of fraud prevention and dispute resolution, Madame Élégante may retain and use the supporting documents necessary to process orders, deliveries, and returns.
These items may include:
- Information relating to orders and payments.
- Order confirmations and invoices.
- Tracking information and proof of delivery.
- Proof of drop-off and return.
- Communications with customer service.
- Photographs of items or packages, where available.
- Findings from the inspection of returned items.
This information is used solely for legitimate purposes, in compliance with personal data protection regulations and applicable retention periods.
7. Legal Proceedings in the Event of Fraud
Madame Élégante reserves the right to initiate any appropriate legal action in the event of proven fraud, attempted fraud, a deliberately false statement, or any other conduct that may constitute an offense.
Depending on the nature and severity of the facts, these actions may include:
- Filing a complaint with the competent authorities.
- Providing necessary supporting documents and evidence to authorized bodies.
- Initiating legal action to obtain compensation for the damage suffered, when the legal requirements are met.
These measures will only be considered in the presence of serious evidence supporting the allegations.
8. Respect for Consumer Rights
These provisions in no way limit consumers' legal rights, including the right of withdrawal, the legal guarantee of conformity, the guarantee against hidden defects, and the right to file a complaint or legitimately dispute a payment.
An unintentional error, a transport incident, or a commercial disagreement does not, on its own, constitute fraud.
Each situation will be examined individually, in compliance with applicable regulations and our Privacy Policy.