GENERAL CONDITIONS OF SALE & USE
Article 1. Preamble
Res Mirum is a brand developed by the company Grain de Sel (hereinafter "Res Mirum"), a limited liability company with a capital of 4,000 euros, located at 32 rue Emile Zola, 42300 ROANNE, registered in the RCS of ROANNE under the number 520 131 996, intra-community VAT number: FR68520131996.
This company specialises in jewellery design, manufacture and marketing of jewellery, jewellery and goldsmith's items.
Res Mirum develops a range of jewelry (hereinafter the "Products"), which it sells on the internet via the commercial site accessible from the address www.resmirum.com (hereinafter the "Site") and on stands at trade fairs, designer markets, festivals or conventions (hereinafter the "Stand").
These General Terms and Conditions of Sale and Use (hereafter "GTC") are intended to define the rights and obligations of Res Mirum on the one hand and of Res Mirum on the other hand:
- any natural person over the age of majority according to its national legislation, or any legal entity, with the legal capacity to contract, purchasing Products offered for sale by Res Mirum (hereinafter the "Customer"),
- any Internet user browsing the Site, for whatever reason (hereinafter referred to as the "User").
For the purposes hereof, it is agreed that the Client and Res Mirum shall be collectively referred to as the "Parties".
These GCS are accessible at any time on the Site, and in accordance with article L134-1 of the French Consumer Code, upon simple request by the customer. They may be modified at any time, without notice. The applicable GCS are those in force on the date the order is placed.
The Customer can contact Res Mirum at any time:
- by mail at 32 rue Emile Zola, 42300 Roanne, France
- at the email address: firstname.lastname@example.org,
- by phone at 04 26 24 47 47,
- via the contact form on the page "". Find us "of its Website.
Article 2. Scope of application
The present GTC apply, without restriction or reserve, to all the jewels commercialized by Res Mirum. These conditions apply to the exclusion of all other conditions.
Res Mirum reserves the right to adapt or modify these GTC at any time. In case of modification, the GTC in force at the time of the order will be applied to each order.
In the absence of proof to the contrary, the data recorded by Res Mirum constitutes proof of all transactions.
On the SiteIn addition, the customer is required to check a box "I have read and accept the general terms and conditions" to finalize his order, before the payment stage; the fact of checking this box means full and complete acceptance of these Terms and Conditions.
On StandThese GTC are at the Customer's disposal.
Article 3. Pre-contractual product information
Res Mirum, anxious to respect the provisions of article L 111-1 of the Consumer Code, undertakes to provide information, prior to placing an order, on the essential characteristics of the Products it offers for sale.
On the SiteTo this end, a detailed description is presented next to each Product, accompanied by visuals (photographs and/or videos).
It is specified that Res Mirum, with the aim of constantly improving its Products, may make changes that may cause differences between the visuals and descriptions presented and the delivered Product. These differences are of a minor nature and may not lead to the Product being considered non-compliant. It is also specified that due to the artisanal nature of the manufacturing of its Products, Res Mirum cannot guarantee a strict similarity between the Product seen by the Customer and the Product delivered.
Despite the care that "Res Mirum" takes in the presentation of its Products, errors or omissions may still occur and should not be construed as intentional on the part of Res Mirum.
Only the Products appearing on the Site on the day of the order, and identified as available, can be sold to the Customer.
The Customer is required to consult the description sheet of each Product to know its characteristics before purchase, and ideally the conditions of maintenance and use.
On StandOnly the Products exhibited on the Stand on the day of the order, and indicated as available by Res Mirum, can be sold to the Customer.
The Customer is invited to ask Res Mirum for any clarification that he/she deems useful regarding the nature of the Product. Res Mirum reserves the right at any time to refuse the sale of any Product, if it can justify it by a legitimate reason, in accordance with article L121-11 of the Consumer Code, such as (i) if the Product has a defect of conformity that makes it unfit for sale; (ii) in the event of a stock shortage, if the Product on display is reserved by a sale that took place shortly beforehand on its Site; (iii) in the event of an abusive request, relating to extravagant quantities; (iiii) if the Customer behaves inappropriately.
It is specified that if a Product on display is not available for sale, the Customer is given the opportunity to try it according to the conditions described above, and to order it by way of a shipment.
Article 4. Personalized orders
Although the purpose of Res Mirum is to commercialize its Products designed according to its own editorial line, some personalization operations can be carried out. These are generally minor modifications of existing Products, which are implemented by means of final assembly operations, such as the adaptation of a bracelet into a pendant.
Requests for customization are subject to a specific price study and an additional manufacturing lead time.
The Customer is expressly informed that the Products that are the subject of personalization are considered as ". articles made to consumer specifications or clearly personalised "for which, in accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply. These Products are therefore neither taken back nor exchanged.
Article 5. Process of placing the order
On the Site the Customer has the possibility to place his order from the catalogue of Products available on the site. The Customer selects the Product of his choice by clicking on "Add to basket", after having consulted all the information displayed on his page. Depending on the nature of the Product, the Customer may have to choose from among certain proposed criteria, such as ring sizes or bracelet lengths.
Once the Product has been added, the Customer can either continue shopping by clicking on "Continue Shopping", or check his selection by clicking on one of the two "Shopping Cart" icons present on each page of the Site. Thus, at any time, the Customer can check the detailed information on each of the Products in his selection, remove Products, continue shopping, or finalize purchases.
If the Customer wishes to finalize his/her purchases, he/she will be directed to a page presenting the discount scale practiced by Res Mirum (see article 12. Prices), the shipping time, the details of the order, the different delivery methods and their costs, and the total amount of the order.
Then, the Customer is invited to fill in the information necessary to process his order; billing details and delivery address. He/she will find the summary of his/her order, and still has the possibility of modifying or cancelling it. If he wishes to continue, he is asked to choose his method of payment (see Article 6. Terms of payment), and to accept these GTC by clicking on the corresponding box. The fact of carrying out these last operations and clicking on "order" finalises the order.
A confirmation email is then sent to him.
Res Mirum will then process the order, ship it, and send an invoice electronically. It is specified that if the method of payment chosen is by check or bank transfer, the processing of the order will begin when the check is cashed or when the transfer is received. Proof of the transfer order can however be produced by the Customer, starting the processing of the order.
If the Customer has already created an account on the Site, it will not be necessary to enter billing and delivery information, if valid.
On Stand the Customer indicates his intention to acquire the Product(s) of his choice. He has the possibility to try Products, in order to appreciate their appearance when worn. This trial is granted upon request and is subject to the consent of Res Mirum, which, in order to give equal attention to all its Customers, may limit the duration and quantity of the trial.
(i) If the Product is available for sale, Res Mirum will collect the amount corresponding to the price of the Product, issue the Product and issue an invoice on which the description of the Product, its reference and weight, as well as the identity of the Customer are indicated. This invoice is sent instantly by electronic means to the Customer; to this end, the Customer is invited to communicate his email address, which is used solely for the purpose of sending the invoice, documents or information directly related to the transaction or the Product. The Customer may be offered to subscribe to the electronic newsletter that Res Mirum periodically sends out, and this subscription will only be carried out with the Customer's explicit consent; the Customer will be given the possibility to unsubscribe, in accordance with the law (see page Privacy for more information on the processing of personal data).
It is specified that in case Res Mirum is unable to send the invoice instantaneously, due to computer problems, access to a mobile cellular or wi-fi network or any other kind of problem, Res Mirum cannot be held responsible and this will not constitute a reason for the cancellation of the sale. However, Res Mirum undertakes to send invoices to its Clients electronically within 24 hours.
If the Customer does not have an e-mail address or does not wish to communicate it, Res Mirum will offer to send the invoice by post at its own expense as soon as possible.
(ii) If the Product is not available for sale for the reasons mentioned in article 3 above and the Customer expresses the wish to place an order, Res Mirum will proceed to collect the amount corresponding to the price of the Product, and to issue an invoice in the same way as described in paragraph (i) above; in addition, the invoice will mention "To be shipped" next to the Product to be shipped, with the shipping date announced to the Customer. Res Mirum undertakes to ship the Product within the agreed time limit, in accordance with Article L121-20-3 of the Consumer Code, with shipping costs at its own expense.
In the case of a personalized order, Res Mirum proceeds in the same way, with the difference that the shipping costs are to be paid by the Customer.
5.1 Acknowledgement of the order
The sale is considered final only after Res Mirum has informed the Customer of the confirmation of the acceptance of the order, by any means at its discretion, and after the valid collection of the sums due.
Any requests for changes to the order by the Customer are made within the possibilities of Res Mirum and may result in an extension of the processing time.
In such a case, the sale is considered final only after Res Mirum has sent the Customer confirmation of acceptance of the modification of the order by Res Mirum, and after it has received the amount corresponding to the possible additional costs incurred by the modifications.
Article 6. Methods of payment
On the SiteThe payment of the purchases is carried out:
Either by the payment methods allowing an immediate processing of the order:
- by card, via the secure payment solution Stripe,
- via PayPal,
Either by means of methods of payment which only the valid prior collection by Res Mirum allows the order processing to be started:
- by wire transfer,
- by check.
On StandThe payment of the purchases is carried out:
- by card, via the Izettle payment terminal,
- by check,
- in cash,
- via Paypal.
Article 7. Invoice, certificate d'authenticity
Each order placed with Res Mirum will be invoiced to the Customer, usually by email, upon order or delivery of the products, depending on the circumstances (see Article 5. Process of placing the order).
This invoice takes the place of a certificate of authenticity; in particular, it indicates a description of the Product, the precious metal of which it is composed, its titration and weight, as well as the identity of the Customer.
Res Mirum is obliged to keep invoices equal or superior to 120 euros for 10 years (see Article 19. Archiving of transactions). However, the Customer is invited to keep this invoice for the entire life of the Product; to facilitate the application of the guarantees at its disposal, on the one hand (see Article 13. Guarantees), and outside of these guarantees, to be able to prove that it is the owner of the Product and therefore to benefit from a privileged treatment by Res Mirum's after-sales service, for example, if it is necessary to carry out repairs.
Article 8. Right of withdrawal
Following a purchase on the Site The Customer has, in accordance with articles L.221-18 et seq. of the French Consumer Code, a period of 14 clear days, starting from the day after receipt of the product by him or by a third party designated by him (or, in the case of an order of several products delivered separately, from receipt of the last product), to exercise his right of withdrawal.
After these 14 clear days, the Customer can no longer use his right of withdrawal. However, in order to satisfy the Customer, Res Mirum may consider a request for return that would occur beyond this period; however, this possibility is left to its discretion.
To exercise his right of withdrawal, the Customer must send within this period the withdrawal form available in Article 9. Withdrawal form below, or any unambiguous statement expressing his willingness to withdraw, by post or e-mail.
The Customer is then obliged to return the product to Res Mirum, in its original state and in its original packaging intact and clean, accompanied by a copy of the purchase invoice, within fourteen days from the exercise of the right of withdrawal, in accordance with the law.
Subject to compliance with the above conditions, Res Mirum undertakes to reimburse the customer for the full amount paid for the order, including delivery costs, but excluding return costs.
The refund will be made within 14 days after receipt of the returned Product or production by the Customer of the proof of shipment of the Product, subject to verification of its condition by Res Mirum, by the same method of payment used for the purchase, or other means agreed with the Customer.
It is reminded that Products that have been customized are neither taken back nor exchanged and are not subject to the withdrawal period.
Following a purchase on Stand : Article L221-28 of the French Consumer Code stipulates that the Customer does not benefit from a right of withdrawal for any purchase made on a stand, in a fair or exhibition as described by articles L.762-1 and following.
However, Res Mirum accepts requests for an exchange or credit note within 14 days, it being expressly stated that the shipping costs incurred by Res Mirum in this process will be charged to the Customer.
8.1. Withdrawal in case of partial return
It is specified that it is the order in its entirety that is subject to the right of withdrawal when this is exercised; consequently, if the Customer indicates that he only wishes to return part of the order, in compliance with the conditions mentioned above, the shipping costs are not refunded.
Article 9. Withdrawal form
To the attention of SARL Res Mirum, 32 rue Emile Zola, 42300 Roanne,
I hereby notify you of my withdrawal from the contract for the sale of the property below:
Ordered on / received on (*): .../.../......
Invoice number :
Client's name :
Customer's address :
Signature of the Customer (only if this form is notified on paper) :
(*) Delete as appropriate.
Article 10. Returns
10.1. Assets, exchanges or refunds
Orders may, under certain conditions, be the subject of credit notes, exchanges or refunds, as described in Article 8. Right of withdrawal and in Article 13. Guarantees.
10.2. Following the application of promotional codes
It is specified that orders that have benefited from promotional codes and for which the Customer, in compliance with the legal conditions at his disposal, wishes to be reimbursed, only the amount of his order is reimbursed. Moreover, as the promotional code is only applicable once, it is lost.
In case of credit note or exchange, however, the discount corresponding to the promotional code remains effective on the order that replaces it.
10.3 Partial returns
In case of partial return of an order, the refund is reduced by the possible discount that the whole order could have benefited from under the degressive pricing policy practiced by Res Mirum, according to the scale presented in article 12. Price; however, the calculation of this refund also takes into account the possible discount that Res Mirum may now benefit from without the returned Product(s), according to the same scale.
Article 11. Time limits and delivery
11.1. Time of dispatch
The products acquired by the Customer are shipped within 1 to 4 working days. Personalized orders are subject to a specific deadline, on a case-by-case basis, agreed beforehand with the Customer. In the event that this deadline is exceeded, not justified by a case of force majeure (see Article 22. Force majeure), the Customer may request the cancellation of the sale under the conditions provided for in Article L 114-1 of the Consumer Code and obtain reimbursement of the sums paid. In case of an order by the Customer for a product that is unavailable, Res Mirum undertakes to process the said order as soon as possible, the Customer being regularly informed of the processing of the order. Except in special cases or unavailability of one or more products, the products ordered are delivered in a single delivery.
In the event of a particular request by the Customer concerning the packaging or transport conditions of the ordered products, duly accepted by Res Mirum, the related costs will be subject to a specific additional invoice, following a price study previously accepted by the Customer.
11.2 Shipping methods
Res Mirum entrusts the delivery of its Products to La Poste, and offers two modes of shipment: the "tracked letter" and the "Colissimo with insurance" delivered against signature. It is left to the Customer to choose the shipping method.
The letter followed is the most economical mode; it allows you to obtain information regarding the tracking of the shipment. However this information is indicative, and in case of loss of the package, no compensation from La Poste can be obtained. Therefore, by choosing this shipping method, the Customer is expressly warned that Res Mirum cannot be held responsible and will not proceed to any exchange or refund in case of lost package.
If the Products contained in the followed letter are damaged when unpacked, the Customer is invited to contact Res Mirum without delay.
The colissimo also provides shipment tracking information.
The parcel is insured at the value of the contents, and delivered against signature; thus La Poste undertakes to compensate the sender in case of loss. Therefore, by choosing this method of shipment, the Customer is assured that his order will be refunded or exchanged by Res Mirum in case of a lost package.
The Customer is required to check the condition of the package in the presence of the deliveryman. If the delivered package is deteriorated, the Customer may refuse the package, or accept it and ask the deliveryman to mention this condition. If the Products contained in the package are damaged during unpacking, the Customer is invited to contact Res Mirum without delay for an exchange of the Products concerned.
In case of addressing to an erroneous address due to a wrong indication by the Customer, which will result in the return of the shipment to Res Mirum, the forwarding costs will be charged to the Customer prior to the return of the order.
11.3 Transit time
Regardless of the method of shipment chosen, the delivery time is 48 hours for mainland France, and 2 to 10 days for the DOM-TOM and abroad; however La Poste does not guarantee compliance with deadlines. When Res Mirum delivers the package to La Poste, the Customer will be notified by an email including the tracking number of the shipment. The Customer is invited to check the progress of the shipment and to contact Res Mirum in case of any anomaly or delay in the delivery of the order.
Article 12. Prices
The prices of the Products are expressed in euros, all taxes included. In accordance with Article L 111-1 of the French Consumer Code, the prices are displayed in a legible and comprehensible manner next to each Product. Res Mirum reserves the right to modify these prices at any time.
The Customer is informed that the amount of his order is made up of the sum of the prices of the Products he chooses, to which may be added shipping costs, and any taxes (customs, export, transit, etc.), depending on the Customer's country of residence and/or the country to which the Customer has the Product shipped. The shipping costs, which the Customer can consult at any time in the "Shipping" tab under each Product page, or by clicking on the corresponding icon at the foot of the Site, are as follows:
France & DOM-TOM : followed letter 3€, colissimo with insurance 10€.
Europe : followed letter 6€, colissimo with insurance 18€.
World: tracked letter 7€, colissimo with insurance 31€.
Res Mirum offers discounts proportional to the total sum of the prices of the Products in the order, according to the scale below:
≥ 200 €
≥ 250 €
≥ 300 €
≥ 350 €
≥ 400 €
≥ 450 €
For orders on the Site, this scale can be consulted at any time in "My basket". This discount is applied automatically.
Article 13. Guarantees
In addition to the right of withdrawal mentioned in Article 8. Right of withdrawal, the Customer benefits from the guarantee of conformity provided for in articles L217-4 and following of the Consumer Code, as well as the guarantee against hidden defects within the meaning of article 1641 and following of the Civil Code.
13.1. Legal guarantee of conformity :
Article L217-4 of the Consumer Code : "The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when this has been entrusted to him by the contract or has been carried out under his responsibility. »
Article L 217-5 of the Consumer Code : « The property is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate :
- if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter. »
Article L 217-7 of the Consumer Code : « Any lack of conformity which becomes apparent within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proved otherwise. »
Article L 217-8 of the Consumer Code : "The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect which he knew or could not have been unaware of when he entered into the contract. The same shall apply if the defect has its origin in materials supplied by him. »
Article L 217-9 of the Consumer Code : « In the event of a lack of conformity, the buyer chooses between repair or replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost which is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer. »
Article L 217-10 of the Consumer Code : « If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. »
Article L 217-12 of the Consumer Code : "An action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods. »
In compliance with the above-mentioned articles, if the Customer finds a lack of conformity within two years from receipt of the Product, he may claim the guarantee of conformity. He may then request its repair or replacement. Res Mirum will carry out the Customer's choice at its own expense, provided that this choice does not entail a cost that is manifestly disproportionate to the other modality, taking into account the value of the Product or the importance of the defect. If Res Mirum is unable to repair and exchange the Product, the Customer may choose to return the Product and be refunded, or to keep the Product and be refunded part of its price. The Customer does not have to prove the existence of the lack of conformity.
13.2 Legal warranty for hidden defects :
Article 1641 of the Civil Code : "The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. »
Article 1648 of the Civil Code : "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. »
In compliance with the above articles, if the Customer finds a hidden defect, he can claim the warranty for hidden defects within two years from the discovery of the defect. He may choose to return the Product and be reimbursed, or to keep the Product and be reimbursed part of its price. The Customer must prove the existence of the hidden defect.
Article 14. Exclusion of guarantees
14.1 Appearance defects inherent in style and workmanship
It is specified that the Products developed by Res Mirum are designed in an antique style, and that this style is expressed in particular in the finishing of the Products. Moreover, the manufacturing is handcrafted. For these reasons, the appearance of the Products is not necessarily perfect and may present irregularities. These are normal and are not defects of conformity.
14.2. Inappropriate use
The Client is invited to consult the page " ". Care "The user is informed that the application of these guarantees cannot be subject to the application of these guarantees for defects that would result from inappropriate or careless use of the Products. For example, it is advisable not to spread or tighten open rings and bracelets too widely or too frequently, as the alloy of which the Products are made, subjected to such torsion, may break.
It is expressly pointed out here that the Products must be worn in circumstances that do not hinder or impede motor skills, in order to prevent any risk of damage to the Product, but also and above all of bodily injury to persons. Thus, it is imperative not to wear the Products while sleeping, for example, or during intense manual operations (gardening, DIY, etc.) or sporting activities. The client is warned of the danger of non-observance of these rules, and that Res Mirum cannot be held responsible in case of injury, for example degloving, or strangulation.
14.3. Tarnishing or blackening
It is also specified that the material of which the Products are composed is 925/1000ths silver, which does not undergo any surface treatment process (varnish, electrolytic treatment, plating, etc.) and that consequently, the Products may tarnish depending on the circumstances. Maintenance advice is also offered on the page " Care "of the Site.
However, some people have the ability to tarnish silver so that their jewellery can turn black, sometimes in a short period of time. This phenomenon, which can be detrimental to the aesthetics of the Product, is not attributable to the material of which it is made. Res Mirum uses 925/1000 silver that conforms to the standards imposed by the legislation in force and therefore the Customer is warned that this does not imply any liability on the part of Res Mirum, or be considered a defect in the conformity of the Product. However, if necessary, the Customer is invited to contact Res Mirum in order to find a satisfactory solution (see article 15. After Sales Service below).
Article 15. After-sales service
Res Mirum takes great care in the quality of its Products. In addition, Res Mirum is able to carry out repairs on the Products it markets. If the Customer encounters a problem, he is invited to contact Res Mirum, which undertakes to use its best efforts to propose a satisfactory solution. If the problem does not fall within the scope of the guarantees of conformity and hidden defects, the costs of repair will be borne by the Customer, including the shipping costs related to this process. These costs will be the subject of a prior price study.
It is reminded that each order placed with Res Mirum is invoiced, which the Customer is invited to keep, for the reasons mentioned in article 7. Invoice, certificate of authenticity.
In the event of a complaint for which Grain de Sel does not provide a satisfactory response, the Customer has the means of mediation, specified in article 20. Applicable law, disputes and mediation
Article 16. Transfer of Ownership - Transfer of Risk
The transfer of ownership of the Products from Res Mirum to the Customer will only be made after full payment of the price by the Customer, regardless of the delivery date of the Products.
The transfer of the risks of loss and deterioration of the Products will be carried out at the time the Customer takes physical possession of the Products. It is specified that if the Customer entrusts the delivery of the Products to a carrier other than the one proposed by Res Mirum, the risk of loss and deterioration of the Products is transferred to the Customer upon delivery of the Product to the carrier.
Article 17. Processing of personal data & cookies
Pursuant to the Order No. 2018-1125 of December 12, 2018, the Law No. 2018-493 of June 20, 2018 on the protection of personal data, and the Law No. 78-17 of January 6, 1978 on data processing, data files and liberties, the personal data requested from the Customer are necessary to process his order.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification with regard to information concerning him/her, on simple request by any means at his/her convenience.
The details of the nature of this data, its protection, use and storage by Res Mirum, as well as the rights of the Client or User, are described on the page "". Privacy "of the Site.
Article 18. Responsibility
The Site contains links to other web sites, totally independent from Res Mirum, which are accessed and used at the User's own risk. Res Mirum is not responsible for the content or practices of such sites.
In general, Res Mirum cannot be held liable for any damage resulting from the use of the Site.
It is also specified that e-mails may, for reasons totally beyond the control and responsibility of the sender, be detected as "unwanted" by the recipient's e-mail and may be deposited in folders other than the recipient's inbox. Therefore, Res Mirum is not responsible for e-mails sent by Res Mirum that the Customer does not know about, and for the consequences that may result from this. The trace of the message sent by the sender will serve as evidence in case of dispute. Res Mirum undertakes to regularly track the messages received in its spam and junk mail, and invites its Clients to do the same.
Article 19. Archiving of transactions
Res Mirum recommends that the Customer keep all data related to its order.
The documents, exchanges, messages stored in Res Mirum's computer systems will be considered as proof of communications, orders and payments between the Parties.
In accordance with article L.213-1 of the French Consumer Code, Res Mirum undertakes to keep and archive for 10 years the documents relating to transactions concluded between the Parties with a value greater than or equal to €120 and to guarantee access to them by the Customer at all times.
The exercise of this right of access can be exercised by contacting Res Mirum by any means at its convenience.
Article 20. Applicable law, disputes and mediation
These GTC are governed exclusively by French law.
Res Mirum and the Client undertake in case of dispute to seek an amicable solution before any legal action. The Customer who has a complaint must, prior to any mediation or legal action, file a complaint with Res Mirum, in writing.
If no amicable solution is reached, the Customer has one year to refer the matter to a mediator. In accordance with the provisions of Articles L612-1 et seq. of the French Consumer Code, Res Mirum adheres to a mediation scheme, so that its Customers can benefit from the services of the mediator free of charge.
The consumer ombudsman to which Res Mirum reports is the Association of European Ombudsmen (AME).
The referral to the Consumer Ombudsman must be made :
- or by completing the form provided for this purpose on the AME CONSO website : www.mediationconso-ame.com,
- or by post addressed to AME CONSO, 11 Place Dauphine, 75001 PARIS.
The Customer can also go to the online dispute resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
Article 21. Intellectual Property
The Site is owned and operated by Res Mirum. All the elements composing it, including the graphic charter, its visual identity, the domain name, the texts, photos, videos and images, are protected by the legislation in force on intellectual property and copyright, for which Res Mirum holds the rights.
Any unauthorized use by Res Mirum of the site or its content constitutes an infringement punishable under Articles L. 335-2 and following of the French Intellectual Property Code.
Likewise, it is specified that these GTC have been drafted to frame the specific commercial activity of Res Mirum; any copy by a User would constitute plagiarism and would render these GTC invalid for the use of the offender.
The User is advised that Res Mirum has implemented monitoring tools on the Internet to detect illegal use of elements under its ownership, including these GTC.
Article 22. Force majeure
Res Mirum is not liable for the total or partial non-performance of its obligations under this contract, if such non-performance is the result of (i) either the Customer, (ii) an unforeseeable and insurmountable fact of a third party to the contract, (iii) or a case of force majeure, e.g. total or partial strikes of the postal services.
In such a case, Res Mirum will notify the Customer within 5 business days of its occurrence.
The Parties agree to consult each other as soon as possible in order to determine the methods of processing the order as a result of force majeure.
Beyond a period of 30 days of interruption due to force majeure, the Parties shall be released from their obligations towards each other. Res Mirum will reimburse the Customer as soon as possible.
Article 23. Entire contract
In the event that one of the clauses of these GTC is null or inapplicable by virtue of a law or regulation, or following a change in legislation, regulation or by a court decision, the parties agree that this shall in no way affect the validity and compliance with the other clauses of these GTC.