Update on March 28, 2023
These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by the company MIMI TIKA S.A.S, a simplified joint-stock company registered with the RCS of Bordeaux under number 815 071 113 and with its registered office located at 1 rue du Château Trompette, 33000 Bordeaux. The company MIMI TIKA is identified with VAT number FR06815071113. The company MIMI TIKA S.A.S (hereinafter referred to as "the Seller") develops, manufactures, and markets cosmetic products. The customers of MIMI TIKA S.A.S products are hereinafter referred to as "Customers" or "Customer."
1. Preamble
Acceptance of these general terms and conditions of sale ("GTC") implies the Customer's full and unconditional adherence to these GTC. All orders placed on the Website are subject to these GTC. The characteristics of the products are indicated on the website www.mimitika.com. It is the customer's responsibility to take them into account before making a purchase. The customer acknowledges having read and accepted them by checking the box provided for this purpose before placing the online order.
These terms and conditions are subject to modification and updating; the conditions applicable to the order of a Product by a Customer are those in effect on the day of the order.
These general terms and conditions of sale and use are accessible at any time on the website www.mimitika.com and are systematically communicated to the Customer upon request. In the event of subsequent modification of these general terms and conditions of sale and use, the version applicable to the Customer's purchase is the one in effect on the website on the date of placing the order. The validation of the order by the Customer constitutes acceptance without restriction or reservation of these general terms and conditions of sale and use.
The Customer acknowledges having the necessary capacity to contract and acquire the products offered on the website www.mimitika.com.
1. Orders
The essential characteristics of the Products are presented on the Website within each product description. If the Customer has any questions, they can contact MIMI TIKA via email at hello@mimitika.com.
Order placements are made according to the following steps:
By browsing the website www.mimitika.com, the Customer explores and adds Products to their cart, specifying the desired quantity. The Customer verifies the nature of the Products added to the Cart. The Customer checks the nature of the Products added to the cart. To remove an item, the Customer must click on "Remove," and to change the quantity of items, they can modify the quantity and click on "Update." The Customer can then proceed to finalize their order or choose to continue shopping. To conclude the purchase contract and finalize the order, the Customer must complete the order form and provide the necessary personal data for the order. The Customer must choose their shipping method. The Customer must choose their payment method. It is the Customer's responsibility to verify the order details, including the total price of the order, taking into account the price of the Products, delivery terms and fees, VAT, and the Product's quantity. The Customer must review and accept the GTC. The Customer proceeds to payment. The prices of the products are indicated on the Website in euros, including VAT but excluding customs duties and other taxes. Customs duties and other taxes must be paid directly by the Customer to the carrier, depending on the destination country.
It is the Customer's responsibility to verify the accuracy of the information provided.
MIMITIKA reserves the right to refuse, cancel, and terminate orders at any time for legitimate and legal reasons.
MIMITIKA will also have the right to refuse any order placed by a Customer with whom there is a dispute regarding payment of a previous order, as well as any order that does not comply with these GTC.
In such cases, MIMITIKA will inform the Customer via email.
In the event that the Products presented on the Website are no longer available or not for sale at the time of sending your order, MIMITIKA must promptly inform you, and in any case, within thirty working days from the day following your order, of the possible unavailability of the ordered products. In case of payment already made, MIMITIKA will refund the full amount paid for the unavailable Products.
The contract is deemed concluded upon MIMITIKA's receipt of the order after verification of the accuracy of the order details by MIMITIKA.
After validating your order, an acknowledgment of receipt will be sent to the Customer by email, containing a summary of the order information.
Products and Prices The Products covered by the GTC/CGU are those listed on the website www.mimitika.com and sold and shipped directly by MIMI TIKA.
The Products are described on the corresponding page within the website, and all their essential characteristics are mentioned. The sale is made within the limits of available stock.
When a registered User wishes to purchase a Product sold by the Company through the website, the price indicated on the Product page corresponds to the price in euros, including all taxes (VAT), excluding shipping costs, and takes into account the applicable and current discounts on the day of the Order. The indicated price does not include delivery fees, which will be charged separately, under the conditions indicated on the website, calculated prior to placing the Order and detailed, if applicable, in the summary before finalizing the Order. The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
If the total cost of the Products cannot be calculated in advance, the Company will provide the Customer with a detailed estimate explaining the pricing formula.
Under no circumstances can a User demand the application of discounts that are no longer valid on the day of the Order.
The Seller reserves the right to modify the prices of the Products presented on the website. In any case, the Products will be invoiced to the Customer based on the rates in effect at the time of Order validation.
Payment Unless otherwise specified, all sales are paid in full at the time of placing the Order.
The prices displayed on the website are in euros, including all taxes (French VAT and other applicable taxes on the day of the Order). Packaging, order processing, and shipping costs are indicated before Order validation when applicable.
MIMI TIKA may modify the prices of the Products at any time and without notice, particularly due to changes in the economic, legislative, and fiscal framework. The Products are invoiced based on the current rates when the Customer places the order.
Depending on the nature or amount of the Order, MIMI TIKA remains free to require a deposit or full payment of the price at the time of Order placement or upon receipt of the invoice.
Payment can be made by:
- Credit card, via a secure connection.
- Secure payment module such as SSL (Secure Socket Layer) such as PayPal, ensuring that the transmitted information is encrypted by software and that no third party can access it during transport over the network.
The Customer will be charged the total amount indicated on the Order summary on the day of placing the Order. The Customer guarantees to the Seller that they are fully authorized to use the chosen payment method for the payment of their Order and that this payment method legally provides access to sufficient funds to cover all costs resulting from the Order on the website. MIMI TIKA cannot be held responsible for any fraudulent use of the payment method used.
Payments made by the Customer will only be considered final after the effective collection of the amounts due by MIMI TIKA. Additionally, MIMI TIKA reserves the right, in case of non-compliance with the above payment conditions, to suspend or cancel the delivery of ongoing orders placed by the Customer.
No additional fees, exceeding the costs incurred by MIMI TIKA for the use of a payment method, can be charged to the Customer.
Delivery The Products are delivered in the following geographical areas:
Metropolitan France, Corsica, Overseas Territories. In Europe: all European countries. In North America: all North American countries. In South America: all South American countries. In Africa: all African countries. In Asia: all Asian countries. In Oceania: all countries in Oceania.
The delivery fees applied to the Order depend on the transportation costs specific to each delivery. We make every effort to obtain the best possible rates from our transport partners. Currently, the orders to the following destinations:
For metropolitan France, Belgium, and Monaco: €5.90 for orders up to €49.99; free shipping for orders over €50 including VAT;
For Switzerland: €12.90 for orders up to €89.99; free shipping for orders over €90 including VAT;
For the following countries: Germany, Austria, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Great Britain, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden, Saint Martin, and Vatican: €6.90 for orders up to €59.99; free shipping for orders over €60 including VAT;
For Norway or Iceland: €16.50 for orders up to €89.99; free shipping for orders over €90 including VAT;
For overseas departments and territories (DOM-TOM): €20.90 for orders up to €89.99; free shipping for orders over €90 including VAT;
For all countries not mentioned above, the following rates apply: €18.90 for orders up to €119.99; free shipping for orders over €120 including VAT;
Delivery is made to the address provided by the Customer during the Order process, based on the Customer's choice and according to the prices indicated on the website, by postal service.
Delivery is considered complete when the Customer takes physical possession or control of the Product. Unless there are special circumstances or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
MIMI TIKA undertakes to make every material and human effort to deliver the Products ordered by the Customer in the best possible timeframe. The delivery time may vary depending on the Customer's geographical location, chosen delivery method, or the ordered Product.
The Products are delivered to the delivery address indicated on the order form.
MIMI TIKA undertakes to dispatch all orders placed before noon on the same day (only on business days). However, during periods of high volume, MIMI TIKA reserves the right to extend the shipping time to 72 hours.
Delivery Timeframes
From Monday to Friday before 12 PM: Packages are dispatched at 1 PM – therefore, orders must be placed the day before or on the same day before 12 PM for same-day dispatch.
From Friday after 12 PM, weekends, and public holidays: Orders are dispatched on Monday at 1 PM.
From the dispatch date, the average delivery timeframes are as follows:
- 2 to 4 working days with Colissimo for France;
- 5 to 10 working days with international Colissimo.
It is specified that any change of delivery address made by the Customer after the registration of the order may result in an extension of the delivery time.
If MIMI TIKA is unable to deliver on the indicated date or within the specified timeframe when placing the order, the Customer will have the option to cancel the order under the conditions provided for in Article L216-2 of the French Consumer Code, i.e., by registered letter with acknowledgment of receipt, after having urged MIMI TIKA to make the delivery within a reasonable period by registered letter with acknowledgment of receipt, without MIMI TIKA having complied with it. The amounts paid by the Customer will then be refunded no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or withholding.
In the event that delivery is impossible due to an error in the address provided by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address. Any additional delivery costs will be borne by the Customer.
Furthermore, the Company's liability cannot be engaged for reasons related to exceeding delivery times due to circumstances of force majeure, i.e., due to the occurrence of an unforeseeable, irresistible, and independent event beyond its control.
If you have placed an Order to a destination outside the European Union, please note that customs duties and import taxes will be charged once the package arrives in the destination country. Your Order will be held by customs, which may require you to pay additional fees and taxes. These fees must be paid by the recipient of the package.
VI. Complaints For all Orders placed on this website, the Customer has the right to file a complaint. We invite the Customer to check the apparent condition of the Products upon delivery and to report any damage to the carrier.
To exercise this right to file a complaint, the Customer must send a statement to the Company expressing their reservations and complaints, accompanied by supporting evidence (signed receipt slip by the carrier, photographs, etc.). The Customer can send their complaint via email to hello@mimitika.com or by postal mail to the following address: Customer Service, 107 rue Lagrange, 33000 Bordeaux.
The Company will repair, replace, or refund, at its expense and as soon as possible, the delivered Products for which the non-conformity defects or apparent or hidden defects have been duly proven by the Customer, in accordance with the provisions of Articles L. 217-4 and following of the French Consumer Code and those provided for in these GTC/CGU, subject to the material possibility of repairing the Product or its availability in stock.
VII. Consumer Right of Withdrawal
In accordance with current legal provisions, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise their right of withdrawal with the Seller, MIMI TIKA, without having to justify reasons or pay any penalties, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days from the day of effective receipt of the order. The Company undertakes to refund the entire Order (including shipping costs, if applicable) and offers free return shipping.
Damaged, soiled, or incomplete Products will not be accepted for return.
The Consumer has a right of withdrawal for fourteen (14) days from the placement of the Order, except for contracts mentioned in Article L.221-28 of the French Consumer Code. They then have 14 days following the communication of their decision to withdraw to return the product.
To exercise this right of withdrawal, the Consumer has up to fourteen (14) days after receiving their Order to send a withdrawal declaration to the email address: hello@mimitika.com, indicating in the subject line: "Request for Withdrawal - Order #YourOrderNumber".
The products must be returned to the following address: MIMI TIKA, Customer Service, 107 rue Lagrange, 33000 Bordeaux, France
If the products are not returned within the fourteen (14) day period, the Order is deemed final, and no refund can be made, except in cases provided for in these Terms and Conditions.
The Customer will be refunded the full amount paid for placing the Order within fourteen (14) days following the receipt of the returned Product(s).
The refund will be made using the same payment method used for the purchase.
The burden of proof for exercising the right of withdrawal lies with the Customer. The Customer's liability is only incurred with regard to any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.
VIII. Transfer of Risks and Ownership
The Company retains ownership of the Products sold until full payment of the price by the Customer, regardless of the date of delivery of said Products. The Company may therefore repossess the Products in the event of non-payment. In this case, the down payments made will remain with the Company as compensation.
For Professional Customers, the transfer of risks to the Customer occurs upon delivery of the goods to the carrier by the Company. For Consumer Customers, the transfer of risks occurs when the Customer physically takes possession of the Products, i.e., upon delivery.
IX. Legal Guarantees
The Products sold on the Site comply with the current regulations in France and have performances compatible with non-professional use. In accordance with Article L. 217-4 of the French Consumer Code, MIMI TIKA is obligated to deliver a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when it was responsible for these under the contract or when they were carried out under its responsibility. In accordance with Article L. 217-5 of the French Consumer Code, to be in conformity with the contract, the Product must (i) be suitable for the customary use of a similar good and, if applicable, correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model and present the qualities that a buyer can legitimately expect in view of the public statements made by MIMI TIKA, particularly in advertising or labeling, or (ii) have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the knowledge of MIMI TIKA, and accepted by the latter.
The Products provided by MIMI TIKA benefit automatically and at no additional cost, independent of the right of withdrawal, from (i) the legal warranty of conformity for apparently defective, damaged, or non-compliant Products, and (ii) the legal warranty against hidden defects arising from a defect in material, design, or manufacture that renders the delivered Products unfit for use, under the conditions and according to the procedures set out in the enclosed document and defined in the annex to these Terms and Conditions.
It should be noted that, within the framework of the legal warranty of conformity, the Customer:
- has a period of two (2) years from the delivery of the Product to take action against MIMI TIKA;
- may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the Product for six (6) months following the delivery of the Product. This period is extended to twenty-four (24) months from March 18, 2016, except for used goods.
The legal warranty of conformity applies regardless of any commercial warranty that may cover the Product. The Customer may decide to enforce the warranty against hidden defects of the Product in accordance with Article 1641 of the French Civil Code; in this case, they can choose between canceling the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
In order to assert their rights, the Customer must inform MIMI TIKA in writing of the non-conformity of the Products within a maximum period of two (2) years from the delivery of the Products, or the existence of hidden defects within the aforementioned time limits, and return or bring the defective Products to the store in the condition in which they were received, with all elements (accessories, packaging, instructions, etc.).
MIMI TIKA will refund, replace, or repair the Products or parts under warranty that are deemed non-compliant or defective. Shipping costs will be refunded based on the invoiced rate, and return costs will be refunded upon presentation of supporting documents, up to the invoiced rate indicated on the invoice of the Order.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than fourteen (14) days following the discovery by MIMI TIKA of the lack of conformity or hidden defect. The refund will be made by crediting the Customer's bank account or PayPal account.
MIMI TIKA's liability cannot be incurred in the event of non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to verify, or in the event of misuse, negligence, lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, an accident, or force majeure.
MIMI TIKA's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
The replacement of Products does not extend the warranty period.
X. Modifications
The Company reserves the right to modify the Site, the Terms and Conditions, as well as any delivery procedure or other element constituting the services provided by the Company through this Site.
When an Order is placed, the User is subject to the provisions set out in the current Terms and Conditions.
XI. Data Protection and Privacy
In accordance with Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, the personal data requested from the Customer are strictly necessary for the processing of their Order and the issuance of invoices.
This data may be communicated to MIMI TIKA's potential partners responsible for the execution of Orders.
The processing of information communicated through the Site complies with the legal requirements for the protection of personal data, and the information system used ensures optimal protection of this data. This data processing has been declared to the CNIL (French data protection authority).
In accordance with the French Data Protection Act of January 6, 1978, as amended and supplemented by the General Data Protection Regulation ("GDPR"), which came into effect on May 25, 2018, the Customer has the right to access, rectify, oppose, limit, erase, and port their personal data at any time by writing, by mail and providing proof of their identity, to the following address: hello@mimitika.com or by postal mail to the following address:
Customer Service, 107 rue Lagrange, 33000 Bordeaux, France, indicating in the email subject line "Personal Data - First Name Last Name".
You can register on a telephone solicitation opt-out list (BLOCTEL).
XII. Liability
MIMI TIKA cannot be held liable for the unavailability, whether temporary or permanent, of the Site. Although the Company makes every effort to ensure the continuous operation of the service, it may be interrupted at any time. Furthermore, the Company reserves the right to deliberately make the Site unavailable in order to carry out any necessary updates, improvements, or maintenance operations.
XIII. Intellectual Property
The brand, logo, and graphic design of this Site are registered trademarks with the INPI (National Institute of Industrial Property) and works protected by copyright, exclusively owned by MIMI TIKA. Any dissemination, exploitation, representation, or reproduction, whether partial or complete, without the express authorization of MIMI TIKA, is strictly prohibited and may subject the infringer to civil and criminal proceedings.
MIMI TIKA owns all intellectual property rights related to the Site and its constituent elements and has the necessary licenses. It holds all intellectual property rights and derivative rights related to the concepts and editorial content used and/or disseminated on the Site. In general, no provision of these Terms and Conditions can be interpreted as conferring on the Customer, expressly or implicitly, any rights (under a license or by any other means) to the names, trademarks, acronyms, logos, and other distinctive signs of MIMI TIKA, except for the rights held by MIMI TIKA's suppliers and partners on the visuals of their Products, their trademarks, and logos presented on the Site.
Furthermore, MIMI TIKA retains ownership of all intellectual property rights in the photographs, presentations, drawings, and models made for the provision of Products to the Customer. The Customer is therefore prohibited from reproducing or exploiting these elements without the express, written, and prior authorization of MIMI TIKA, which may be conditional upon financial compensation.
XIV. Applicable Law - Language
These Terms and Conditions and the operations arising from them are governed by and subject to French law.
These Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.
XV. Disputes
All disputes arising from the purchase and sale transactions concluded in accordance with these Terms and Conditions, concerning their validity, interpretation, execution, termination, consequences, and follow-up, and which could not be resolved between MIMI TIKA and the Customer, shall be submitted to the competent courts under the conditions of ordinary law.
The Customer may, in any case, resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, the references of which are available on the website (in accordance with Article L. 152-1 of the French Consumer Code, you can use the free mediation service CM2C of which we are a part electronically at cm2c@cm2c.net or by mail to the following address: 14 rue Saint Jean 75017 Paris or via the website: https://cm2c.net/comment-nous-saisir/).
XVI. Acceptance of the Terms and Conditions
By placing an order on the Site, whether as a natural person or a legal entity, the Customer adheres to and fully accepts these Terms and Conditions and is obligated to pay for the ordered Products.
XVII. Annex
· Provisions relating to legal guarantees
Article L. 217-12 of the French Consumer Code: "Action resulting from lack of conformity is limited to a period of two years from the delivery of the goods."
Article L. 217-16 of the French Consumer Code: "When the buyer requests from the seller, during the course of the commercial warranty granted to them upon the acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or from the provision of the good in question for repair, if this provision is made after the request for intervention."
Article 1641 of the French Civil Code: "The seller is bound to a warranty on account of hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the buyer would not have acquired it, or would have given a lower price for it, had they known of the defects."
Article 1648, paragraph 1, of the French Civil Code: "Action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect."
· Withdrawal Form
If the Customer wishes to exercise their right of withdrawal, they may use the following withdrawal form:
Attention: MIMI TIKA, Customer Service, 107 rue Lagrange, 33000 Bordeaux, France.
I/We () hereby notify () you of my/our () withdrawal from the contract for the sale of the goods ()/for the provision of services (*) below:
Ordered on ()/received on ():
Name of the Consumer(s):
Address of the Consumer(s):
Signature of the Consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate