Legal notice & Terms and conditions

Louise Misha is a registered trademark by MA Factory, a French SASU type company with a capital of 10,000 Euros, registered in the Nanterre RCS No 750 305 419 -SIRET 75030541900053 -Intra-Community VAT No: FR750305419 (hereinafter referred as «Louise Misha» or «us»)

Registered office:

59 rue du Faubourg Saint-Antoine

75011 Paris – France

Email : shop@louisemisha.com

 

GENERAL CONDITIONS

The terms and conditions below (hereinafter, «Terms and Conditions») are applicable to all orders placed by the client (hereinafter, referred as «you») to Louise Misha through Louise Misha’s website (hereinafter, «the Website»).

By placing your order inthe Website, you agree to be bound by the rules and conditions set below. Please, make sure to fully read and understand the Terms and Conditions before placing your order.

The presentation of products in the Website at a given moment do not guarantee that this articles will be available at any moment. We reserve the right to cease the sale of any product at any moment. We also reserve the right to amend from time to time the Terms and Conditions without notice to you. The applicable version of the Terms and Conditions is the one posted in the Website at the time of your order.

 

PRICE, PAYMENT AND DELIVERY

The prices on the website include VAT but exclude delivery costs, which will be added to the total amount to be paid (please, refer to the section «Delivery»).

After selecting all the items you wish to purchase, they will all be added to your shopping cart. We will then process your order upon acceptation of your shopping cart and invite you to pay your order. You will have to follow all the shopping process steps and complete or check all the requested information. As long as you have not completed the payment, you may modify your order.

Upon acceptance of your payment, you will receive a confirmation email of your order. Louise Misha agrees to honor orders received only within the limits of available stocks of products, Louise Misha will inform you as soon as possible and let you know of when it could be available. You will then be free to wait the indicated time or to cancel your order. In the latest event, the unavailable item will be reimbursed though the same mean of payment you used to pay your order (please, refer to «Exchange and Refund» section).

Pursuant to the prevailing rules and regulations, all purchases done through the Website are subject to the Value Added Tax (VAT). In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value addedtax, the place of supply shall be deemed to be within the Member State where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed. 

Please note that we are not bound to sell a product to an incorrect lower price (even after having sent a delivery confirmation), if the mistake is obvious and unambiguous and if you could reasonably identify it as a mistake.

You may use the following means of payment: Visa, Mastercard, American Express, PayPal or a gift card. Your credit card details will been crypted to minimize the possibility of unauthorized access. If you choose to pay through your Paypal account or using a gift card, we will charge you at the moment of the order confirmation. When you accept the payment, you are confirming that you are the owner of the credit card or the legitimate holder of the PayPal account or the gift card.

In case the payment pre-authorization is denied by your bank, we will not be liable for any delay or non-delivery.

 

EXCHANGE AND REFUNDS

Louise Misha is highly concerned by its customers’ satisfaction. Therefore, we strive to handle your claims as flexibly and rapidly as possible.

Pursuant to the French Consumer Code, you have a right of cancellation within a cooling-off period of 30 days without giving any reason. The cooling-off period starts the day you have physical possession of the ordered items. In case of multiple order, the cooling-off period starts the day you received the last item.

After the cooling-off period, the delivered items shall be deemed to be in compliance and accepted and Louise Misha reserves the right to refuse any exchange or refund.

All returned items have to be unworn and with our label, with a copy of the return form that was included in your package.

For hygienic reasons, the articles of lingerie and swimsuits have a hygienic protection. Returned items without hygienic protection can not be refunded.

Before any return and in order to exercise your cancellation right, please send us an email through our contact form selecting «Exchange and cancellation» as subject of your message and indicating your order number. If you do not contact us prior to the return Louise Misha reserves the right to refuse any refund.

 

SALES AND PRIVATE SALES

During Sales and Private Sales, the preparation delay can be extended to 5 more days because of the high quantity of orders.

Any item purchased on sale or during a Private Sales event is subject to specific terms and conditions:

 

Returns from France

After contacting us Louise Misha will send you a prepaid return voucher that you should use to send back the item(s). You may choose another carrier, however you will be responsible for the difference of price of the shipment and the safe return of the product (please note above specific Terms and Conditions apply during Sales and Private Sale).

 

Returns from other countries

After contacting us to confirm the return you canmail us back the unwanted item(s) to the following address:

LOUISE MISHA c/o Sauerbrei Logistics France

À l’attention de Sarah Chama

11 Rue de la Marne

77400 Saint Thibault des Vignes

 

You will be responsible for the costs of the shipment and the safe return of the product so we advise you to use registered mail.

Upon arrival and examination of your package, we will proceed to the reimbursement of the returned item by crediting your original payment method (account related to your credit card, PayPal account or gift card). Shipping costs will not be refunded. (please note above specific Terms and Conditions apply during Sales and Private Sale)

In case of unavailability of a product after confirmation of your order, Louise Misha will reimburse the item concerned as soon as possible through your original payment method (crediting the account related to your credit card, PayPal account or gift card).

If you want to exchange the item(s) for another color, style or size, you can order directly from the eshop againwithout having to wait for the completion of the refund process.

We do not store your credit card information after the payment.

 

DELIVERY

We deliver all around the world. Free delivery from 180 € of purchase for France and 250 € for the rest of world.

Louise Misha undertakes to deliver your order within a maximum of thirty (30) days.

During Sales and Private Sales, the preparation delay can be extended to 5 more days because of the high quantity of orders.

Louise Misha outsources the delivery service to third parties carriers. In order for you to choose the most appropriate carrier, Louise Misha provides you their delivery times, for information purposes:

We usually need 1 to 2 working days to prepare your order, then the delivery time and costs are:

 

Standard delivery (Colissimo) : 

3 days for France and 7 to 10 days for the rest of the world.

- France

 > 7€: Delivery upon signature mandatory

6€: Delivery in pickup point possible

- French Overseas territories: 25€

 > Delivery upon signature mandatory or delivery in pickup point possible

- Europe: 10€

 > Delivery upon signature mandatory or delivery in pickup point possible

 

Express delivery (DHL): 

Delivery upon signature obligatory.

* France : 12 € (any order made before 11AM will be shipped on the same day for a delivery the day after)

* Europe (except Norway and Swiss) : 15 €. D+2-3 (Delivery within 2-3 working days)

* Albania, Bosnia, Israel, Norway, Serbia, Switzerland, US, Canada, Mexico, Afirca, China, South Korea, Hong Kong, Japan, Magreb : 25 €. D+2-3 (Delivery within 2-3 working days) 

* Rest of the world (South America, Australia, Saoudi Arabia) : 40 € D+3-4 (Delivery within 3-4 working days)

Please note, du to the current Covid-19 situation and limited flights schedule, the above shipping times are for indication only and might suffer extra delays.

 

If you have any questions, do not hesitate to contact us through our contact form, selecting «Status of my order» as subject of your message.

However, please note that, beyond our control, your parcel could be temporarily held in customs (from our experience, this kind of delays are frequent in certain countries such as USA, Israel and Japan). In that event, we will inform you and we will undertake all efforts to speed up the administrative procedures.

 

GIFT CARD LOUISE MISHA 

A lovely Louise Misha Gift Card for your beloved ones!

 

How to buy a gift card 

Select your gift card amount. Then, you can choose at which date you wish the card to be sent and write a short personalized message that will come with your gift card.

Once your order is confirmed, the e-card willbe sent by email to the recipient at the selected mailing date.

The Louise Misha gift card can be used several times and is valid for 1 year including sales and promotional periods.

 

Have you received a gift card ? 

It’s very easy to use,just enter the code received into the section "GIFT CARD"in your final basket, the amount will be automatically deducted from your order (excluded shipping costs).

You have not received your e-gift card? Remember to check your spam and your promotional emails. If you haven’t received anything, please contact us on shop@louisemisha.com with your name, and if possible the name and email of the person who purchased the card.

 

LEGAL WARRANTIES

As a consumer, you benefit from the legal warranty of conformity (Sections L211-1 et seq. of the French Consumer Code) and a warranty against hidden defects (Sections 1641 et seq. of the French Civil Code) for all the items sold in the Website. These warranties entitle you to return the defective or non-compliant products. Please note that Louise Misha is warrantor of the compliance of the products sold to you for the purposes of these two statutory warranties.

 

In particular, you may rely on the following legal provisions:

 

Warranty against hidden defects

Section 1641 of the French civil code:

« The seller is obliged to provide a warranty against hidden defects of the thing sold which render it unfit for the use for which it was intended, or that decrease this use so that the buyer would have not purchased it, or would have paid a lower price if he/she had known. ».

Section 1648, paragraph 1 of the French civil code:

« The action resulting from hidden defects must be filed by the purchaser within two years after discovery of the defect. ».

 

Warranty of conformity

Section L. 211-4 of the French Consumer Code:

« The seller must deliver goods in compliance with the contract and liable for compliance defects existing at the time of delivery. It also addresses lack of compliance resulting from the packaging, instructions for assembly or installation when it was assigned this by the contract or carried out under its responsibility. »

Section L. 211-5 of the French Consumer Code:

« To comply with the contract, the item must:

1° Be suitable for the purpose usually expected of a similar item, and where appropriate:

-correspond to the description given by the seller and possess the qualities that it has presented to the buyer as a sample or model;

-feature the qualities that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or its representative, particularly in advertising or labelling;

2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for whichthe buyer made known to the seller and the latter accepted.»

Section L.211-7 of the French Consumer Code:

«The conformity defects appearing within six months from the delivery of the item are presumed to have existed at the moment of the delivery, unlessit is proven otherwise.

The seller may challenge this presumption if it is not compatible with the nature of the goods or the conformity defect notified». Please, note that the six month deadline will be extended to 24 months from March 18th, 2016.

Section L 211-12 of the French Consumer Code:

«The action resulting from lack of compliance is recorded within two years after delivery of the goods.»

 

PERSONAL INFORMATIONS AND COOKIES

Identity of the data controller:

MA Factory.

SAS with a capital of 10 000 Euros

Nanterre RSC N° 750 305 419

Registered office : 59 rue du Faubourg Saint Antoine, 75011 Paris

 

Data collection and processing

Louise Misha undertakes to protect privacy of individuals and confidentiality of the provided information. The collected information and data is necessary to the registration and tracking of your order, to manage your account and to ensure the quality of our relations. We may also use them for statistics analysis to improve our e-shop and offer you more relevant products.

 

Orders management and customer relationship

During your browsing in the Website, we may require information through forms, for example, when creating your customer account.

The mandatory requested information (indicated by an asterisk) are necessary to the management of your queries. In case of empty fields, we will not be able to answer them.

The other optional information requested is aimed to know you better; you are absolutely free to provide it or not.

 

Shopping cart management

In order to facilitate your shopping experience, we memorize your shopping cart by the placement of a cookie. If you are logged to your account, we will record and store your shopping cart to let you complete your order latter.

 

Newsletter and commercial offers

Louise Misha will send you updates and commercial offers by email, subject to your prior acceptance.

At any moment, you have the ability to cancel the commercial notifications, without cost, by clicking on the « unsubscribe » link, appearing in each email or sending us an email through our contact form or sending a letter to MA Factory 59 rue du Faubourg Saint Antoine, 75011 Paris-France.

 

Right to access, amend and delete information

At any moment, you may access and modify the personal information recorded in your personal account in section «My account» and manage your newsletter subscription.

Pursuant to Law No 78-17 of 6 January 1978 concerning information and freedom, as amended in 2004, you are entitled to access and modify your personal data and refuse your data processing. You are able to exercise your access, amendment, cancellation and objection rights, via letter together with a copy of your ID addressed to MA Factory Customer Service, 59 rue du Faubourg Saint Antoine, 75011 Paris -France.

The collected information is necessary to the registration and tracking of your order, to manage your account and to ensure the quality of our relations. The information is also collected for security purposes in compliance with legal and regulatory obligations and to enhance and personalize our services and the information we send you. The information collector is Louise Misha.

Moreover, in compliance with Law No 78-17 of 6 January 1978 concerning information and freedom, as amended in 2004, the processing of personal information collected bywww.louisemisha.comis reported to the CNIL (French independent administrative authority) under No 1866630.

 

COOKIES POLICY

This section will give you more information concerning the origin and use the browsing information processed when you visit the Website and your rights.

When you visit the Website, information relating to your terminal (computer, tablet, smartphone etc...)browsing in our website, may be recorded in files called «Cookies» of your terminal.

a) Cookies in our website

When you are visiting the Website, we may, subject to your browser settings (see section c) your options) install cookies in your terminal. By doing so we may recognize your terminal’s browser during the validity term of the concerned cookie

 

Cookies allow us to:

  • set statistics and the volume of traffic and use of the different materials of the Website (sections, contents). By doing so we may improve the quality and accuracy of our services;
  • adapt the website layout to the display settings of your terminal (language, display resolution, operating system...) when you visit our Website, according to the materials and visualization or player software included in your terminal ;
  • memorize the information provided in a form you have completed (subscription or access to «My account») or relating to products or services that you chose in the Website (services subscriptions, items included in your shopping chart, etc...);
  • enable you to access dedicated and personal sections of the Website, such as your account, with your login and the information you have recorded;
  • provide security measures, for instance, when you are required to log in again aftera period of time.

  

b) Sharing your terminal with other persons

Unfortunately, we cannot ensure you that the services related to your terminal are the ones corresponding to your use of the terminal or the ones of another terminal user.

The sharing of your terminal with other persons and your browser settings concerning cookies are your free choice and responsibility.

 

c) Your options concerning cookies

You have different options to manage cookies. All settings you may introduce may alter your internet browsing as well as the access conditions to certain services requiring cookies.

At any moment, you may modify your wishes concerning cookies, as we will show you below.

 

Your browser’s options

You may configure your browser in order for cookies tobe recorded or, on the contrary, to be rejected systematically or depending on the website generating them. You may also choose to be asked each time you visit a website, if you wish to record or reject the proposed cookies. For more information, please, refer to section «What are the options offered by your browser?».

 

Your acceptance of cookies

The storage of a cookie depends on the terminal user wish. You may at any moment modify your choices, without any costs, through your browser settings.

If you accept cookies, the cookies integrated in the websites and contents that you visit will be recorded temporarily in a cookie file of your hard disk. They will only be used by the website server.

 

The cookies refusal

If you disable cookies of the Website, or you delete the ones recorded in your terminal, you will not enjoy of the full functionality of the Website. For instance, you will not be able to access services requiring your prior identification. Moreover, we will not be able to recognize, for technical purposes, the browser used by the terminal, the display, and language settings or the country where you are.

In that event, be deny any liability for the bad functioning of services depending on certain cookies that have been disabled. 

 

What are the options offered by your browser?

For cookies management, the configuration depends on your browser. The setting procedure is described in the help menu of you browser, which will allow you to set the cookies management.

 

Internet Explorer™ : Tools > Internet options > Privacy

Firefox™ : Tools > Options > Privacy

Safari™ : "Safari " > Preferences > Security > Show cookies

Opera™ : Tools > Preferences > Advanced > Cookies > Manage cookies

 

INTELLECTUAL PROPERTY

The content of the Website is protected by copy right and belongs to MA Factory.

 

APPLICABLE LAW

The use of the Website and all the purchase contracts generated by the Website are subject to French law. Any dispute related to the Website use or to the purchase contracts generated by it falls under the exclusive competence of French courts.

 

GENERAL DATA PROTECTION REGULATION

The company MA Factory collects the personal data of the users on the website www.louisemisha.comwhich are necessary for the management of your order and our commercial relations.

The personal data that can be collected are:

  • User data needed to execute the order (last name, first name, billing and delivery addresses, email address, phone number, size of clothing)
  • Data on banking information (credit card or PayPal)
  • Navigation data (browser, date and time of connection, IP address, location data)

The data collected is used for the following reasons:

  • Preparation and shipping of your order (logistic companies, carriers)
  • Communication with the Customer by mail post or email
  • Information on brand news and current or future commercial operations, especially through newsletters
  • Improvement of services offered to Cutomers
  • Customs services in case of delivery abroad

 

MA Factory's third-party partners (Facebook, Instagram, Pinterest) may also use these data by automated means when we publish editorial and promotional content. To the extent permitted by applicable law, MA Factory is not responsible for the practices of these service providers and third parties.

Any physical person using the website www.louisemisha.com may request at any time a right of consultation, rectification and deletion of the collected data, a right of opposition to the processing of his data, a right to the erasure and his personal data.

User data will not be retained beyond the time strictly necessary for the purposes pursued as set forth herein and in accordance with applicable regulations and laws.

In this respect, the data used for prospecting purposes may be kept for a maximum of 3 years from the closure of the user's account or the last contact of the prospect concerned. User data is cleared when storage times expire. Nevertheless, the data may be archived beyond the periods provided for the purposes of research, the finding, and the prosecution of criminal offenses for the sole purpose of allowing, as needed, the provision of such data to the judicial authority.

Archiving implies that these data will be anonymized andwill no longer be available online but will be extracted and kept on a secure and independent support.

In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose personal data concerning you. Simply write to us online at shop@louisemisha.com or by mail to MA Factory, 59 rue du Faubourg Saint Antoine, 75011 Paris indicating your last name, first name and the address to which you wish an answer. Your letter must be signed and accompanied by a photocopy of an identity cardwith your signature. An answer will be sent to you within 1 months of receiving the request.

User data will not be retained beyond the time strictly necessary for the purposes pursued as set forth herein and in accordance with applicable regulations and laws.

Some services may be altered or inaccessible in the absence of consent to the collection of data mentioned in this Privacy Policy.

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