Item: Any product for sale on the website.
Customer: A natural, not commercial person who places an order and has full legal capacity over it.
Order: A commitment to purchase all of the items selected by the customer via the Website’s e-commerce service.
My Story Box: MY STORY BOX, a single-owner limited liability company with a capital of €5000 euros and a registered office located at 6 rue Beatrix Dussane 75015 Paris, France. Trade register # 881 572 762 RCS Paris and EU VAT # FR 09 881572762.
Website: Published by MY STORY BOX, and accessible at: www.mystoryboxparis.com
2. TERMS AND CONDITIONS OF SALE
These terms and conditions of sale (Hereinafter referred to as “Terms”) apply, without limitation or qualification to any item the customer purchases from the MY STORY BOX website.
MY STORY BOX reserves the right to modify the Terms at any time in accordance with changes in legislation or that are made to the website. In that case, the customer will be notified of the new Terms via online changes. The Terms applied to the sale are the ones that are on the website at the time of the order. Any website order is contingent upon the customer’s prior unconditional agreement of the Terms and applicable fees.
The approval of an order after following the proper order procedure implies that the customer has agreed to the Terms and associated fees. These Terms prevail over any other document.
3. CREATING A CUSTOMER ACCOUNT
To place an order through the website, the customer can choose between creating an account (Hereinafter referred to as “Account”) with all of their personal information, or to place an order as a guest.
- Only non-commercial natural persons over the age of 18 with full legal capacity are eligible to create an Account.
MY STORY BOX approves customer log-ins after verifying the form that the customer filled out. The customer then receives an email confirmation.
When creating an Account, the customer is completely responsible accountable, and liable for all personal data and will communicate complete, accurate, and current information. The customer also will not hide or change their age, or usurp the identity of another. The customer is bound to update personal information. MY STORY BOX is not responsible for delivery issues because of recipient or address wording errors. When creating an Account, the customer chooses a user name (e-mail address) and password. If the user name is already taken, the system asks the guest to choose another.
User names and passwords are personal and confidential. The customer is solely responsible for them.
The customer pledges keep their password a secret, and not disclose it to anyone under any circumstances.
If the customer suspects that the user name and/or password have been usurped by a third party, they must alert MY STORY BOX immediately so as to change the password and/or close the Account.
MY STORY BOX reserves the right to close any Account, and can consequently refuse any sale for the following reasons:
• Defaulting on payment of one or more previous orders
• Using the website’s order service in an abusive, disloyal, or fraudulent manner; or in a way that does not respect any of the customer obligations set forth in the present Terms
• Previous orders that were obviously placed by a professional resaler. In that case, MY STORY BOX will send an e-mail to the customer in question (to the address that was provided when the Account was opened) to inform them that their password has been deactivated and their Account has been closed.
In general, the customer is be informed of the possibility of their account’s closure informé du fait que son Account pourra être clôturé after the client sends a first written request by e-mail to the following address: firstname.lastname@example.org.
- Only non-commercial natural persons over the age of 18 with full legal capacity are eligible to place an order without an Account. The customer must provide all information needed for payment and delivery. The customer is responsible, accountable, and liable for all personal data and must communicate complete, accurate, and current information. The customer also will not hide or change their age, or usurp the identity of another person.
The items for sale are the ones that are posted on the website on the day that the customer visits the site, subject to availability. MY STORY BOX has the right to withdraw any item from the website and to replace or change any information about items on the website.
Information about item availability is automatically updated in real time Nevertheless, MY STORY BOX is not responsible for updating errors for any reason. Likewise, MY STORY BOX cannot be held responsible for any cancelled order if an item is out of stock. Customers are informed by e-mail if an item becomes unavailable after the order is placed, in which case the order will be automatically cancelled.
The characteristics of the items for sale on the site (i.e. pictures, graphics, and item descriptions) may vary. Only the characteristics posted at the time the order is placed should be taken into account. In case of errors or omissions regarding item descriptions, MY STORY BOX is only responsible for reimbursing reasonable shipping fees related to sending back the item in question.
Website orders are subject to following the proper procedures (including all of the steps leading up to order approval) set forth on the website. Completed orders require payment. The customer who places the order certifies that they are they physical person who opened the Account or is associated with the order. The customer may select as many items as they wish to add to the shopping cart (hereinafter referred to as “Cart”). The sale of items is reserved to retail customers and individuals. Bulk or grouped orders to professional resellers (e.g. for resale through internet marketplaces, shopping centres, via intermediaries, or in bricks and mortar stores) are strictly forbidden. Consequently, the customer acknowledges and accepts that they can only purchase as many quantities as can meet an average customer’s needs; whether this be in a single purchase or spread out over several purchases. MY STORY BOX reserves the right to refuse any order that has obviously been placed by a professional reseller.
The cart lists the items the customer has chosen as well as the price and related fees. The Customer is free to modify the contents of the Cart before confirming their order.
Customer confirmation implies that the customer agrees to the Terms, items purchased, and all associated fees. After payment has been approved, MY STORY BOX will send the customer an order confirmation via e-mail.
All orders are subject to MY STORY BOX’s prior approval and are only definitively confirmed once the customer has received an e-mail confirming shipment of the item/s. The customer formally agrees that MY STORY BOX can use their e-mail address to send confirmation of the contents of their order.
The customer may request an invoice for any purchase by sending an e-mail with the order number to: email@example.com.
If the customer does not receive an e-mail after placing an order, they should contact MY STORY BOX customer service according to the terms set forth in article 12 of the Terms and Conditions.
MY STORY BOX is in no way responsible for typographical errors or the transmission of typographical errors that impede reception of emails regarding confirmation and/or items. For all order-related questions, the customer should check their account on the website or contact customer service. MY STORY BOX reserves the right to withdraw any item posted at any moment and to replace or modify any and all content or information on the website. Despite the vendor’s best efforts to satisfy customer expectations, it is possible that MY STORY BOX could have to refuse to process an order after sending the customer an e-mail with the order summary and confirmation. In such a case, customers or third parties cannot hold MY STORY BOX liable for deciding to withdraw an item from or change information on the website; or for refusing to process an order after sending the order summary and confirmation.
Item prices are indicated in euros, including VAT, excluding:
• Shipping and handling- The amount is specified before order confirmation, and can be consulted in the “Delivery and Returns” section of the website.
• Customs and other tariffs- The customer should pay these fees directly to the shipping service
Additional currency conversion fees- Depending on the customer’s chosen method of payment.
Prices include any applicable discounts that are valid on the day of the order. Any new taxes or tariffs (especially environmental) could affect item prices. MY STORY BOX reserves the right to change the item prices at any time. Items are billed on the basis of applicable prices at the time of order approval, subject to availability. The price of items charges to the customer is the price indicated on the order summary and confirmation which is e-mailed to the customer.
7. PAYMENT METHODS
Item payment is due in full upon purchase of order. Payment can be made via Paypal or credit card (CB, Visa, MasterCard, and American Express) via Stripe secure online payment platform.
The customer expressly acknowledges that communicating their credit card number to MY STORY BOX authorises the vendor to debit their account up to the price of the items that are indicated in the order confirmation. If necessary, MY STORY BOX will send the customer an e-mail notifying them of order cancellation for a declined payment. This will be sent to the e-mail address provided when logging in to the site. The data entered and saved by MY STORY BOX constitute proof of the order and all previous orders. Information saved by Paypal or Stripe constitue proof of any and all financial transactions between the customer and MY STORY BOX.
Delivery constitutes the transfer of the physical possession of the item/s to the customer (Hereinafter referred to as “Delivery”).
Any responsibility for loss or breakage is transferred to the customer upon Delivery.
When submitting an order, the customer is offered the following Delivery options:
• Home delivery by Colissimo ;
Applicable Delivery fees for each order are determined according to Delivery location and the weight of the product upon submission of the order. Delivery fees are listed in the “Delivery and Returns” section of the website
In the email that confirms the order and its despatch, the customer will also receive the package tracking number so they can track their order’s Delivery.
The package is delivered to the Delivery address provided by the customer. This address should be the customer’s home address or that of a natural person or legal entity of their choosing. Packages cannot be delivered to hotels or post office boxes. It is the customer’s responsibility to provide accurate and complete information needed for proper order despatch and Delivery (This includes: street number, building number, stairwell, door codes and intercom names/numbers).
Delivery is considered complete when the shipping company makes the order available to the customer. The shipping company’s tracking system provides proof of Delivery.
If Delivery can not be completed because of incorrect Delivery address, the order can not be reshipped and the purchase will be refunded within 14 days after MY STORY BOX receives the order via the payment method used when the order was placed.
MY STORY BOX Despatches orders within the timeframe mentioned in the “Delivery and Returns” section of the website, such as they when the order is placed. MY STORY BOX is not responsible for any shipping delays that are not of its making or in cases of Force Majeure (as defined in article 11 of the Terms).
If Delivery is delayed, the customer should contact firstname.lastname@example.org to enquire as to the order’s status and to arrange a reasonable additional Delivery time. If the customer does not receive the order within the agreed-upon Delivery time, they can lodge a complaint by contacting email@example.com for a refund of all monies paid upon order placement within 14 (fourteen) days jours. The customer’s money is refunded via the means of payment used when placing the order. If the order has already shipped at the time of he complaint, the customer must send the order back to MY STORY BOX for a refund. In that case, the customer should contact firstname.lastname@example.org when they receive the order, specifying their first and last names, and order number for a prepaid packing slip. Items should be returned intact in their original packaging. MY STORY BOX is not responsible for any damage sustained as a result of delayed Delivery. MY STORY BOX only refunds money paid upon order placement, excluding all other kinds of compensation.
9. RETURNS AND REFUNDS
Ny non-professional consumer has the right to a cooling-off period without justification or penalties.
The customer has 14 (fourteen) calendar days beginning the day after Delivery to exercise this right. After that time, the sale is final and no returns will be honoured.
If the 14 day cooling-off period is a Saturday, Sunday, or bank holiday, it is extended to the next working day. For example, if the package is received on January 10, the cooling-off period runs from January 11-24 included. The cooling-off period is no longer valid as of January 25. If the 24th is a Saturday, the period is extended to Monday the 26th.
The customer should communicate their desire to exercise their right by contacting email@example.com. They should include fist and last names, order number, and list the item/s they wish to return in the e-mail.
The customer has 14 days after receiving the prepaid packing slip to send back the item. Returns are made if the item delivered does not comply with the order. In that case, the Customer should contact firstname.lastname@example.org for a prepaid packing slip.
In all circumstances, the item/s should be returned intact and in the original packaging. MY STORY BOX will process the return on the condition that the vendor is able to recover all items that were initially delivered. Once the vendor checks the returned items, MY STORY BOX will process the return as soon as possible and no later than 14 (fourteen) calendar days after receipt of the returned package. The return credit will be made via the same method of payment as the one used when the order was placed. MY STORY BOX will not issue a refund if the customer does not respect the Terms.
Returns are done in euros. Any additional fees associated with the exchange of foreign currency are to be borne by the customer. This return procedure excludes all exchanges.
Bespoke items: Since Bespoke items are special orders, they are non-exchangeable and non-refundable. All sales of bespoke items are final
10. LEGAL GUARANTEES
Items that do not correspond to the order placed or with noticeable defects
Customers should contact email@example.com via e-mail to file a claim if any item has noticeable defects. All complaints should describe the defect. Without that, no claims will be accepted and the vendor will not return or exchange the item.
After sending the e-mail as described above, the customer should send the item in question intact and in its original packaging with the order number and a copy of the complaint back to MY STORY BOX’s registered office.
In case of a claim filed because of an item’s visible defect, the customer can choose a merchandise certificate, a replacement, or a full return within 14 (fourteen) days. No returns or exchanges will be done if the return procedure is not followed correctly.
Furthermore, all products for sale on the MY STORY BOX website are guaranteed for conformity defects (acc. to article L. 217-4 et seq. of the French Consumer Code) and latent defects (acc. to articles 1641 et seq. of the French Civil Code) if they meet the following conditions:
The customer :
• Has 2 (two) years from the item’s Delivery to file a complaint about an item’s non-conformity
• Does not have to prove the existence of the item’s non-conformity in the 6 (six) months that follow the item’s Delivery
• Can choose between repairing or replacing the item in question; on the condition of costs set forth in article L. 217-9 of the French Consumer Code
• If it is not possible to repair or replace the item, or if it is no longer in stock when the customer files their claim, the purchaser may send back the item for a full refund or keep the item for a partial refund.
2) Latent Defects
For an item presenting inherent latent defects prior to sale that render it unfit for use or diminish it to the point that the customer would not have acquired the product (or purchased it for less if they had known of the defect), the customer can activate the guarantee in accordance with articles 1641 et seq. of the French Civil Code. The latent defect must be a flaw that would not happen even with use.
The latent defect guarantee is not applicable when the flaw appears with normal use, prolonged use, or improper use of the item. To apply the latent defect guarantee, the customer has 2 (two) years from the time the flaw is discovered to either keep the item and request a partial refund, or return the item for a full refund as set forth in article 1644 of the French Civil Code.
The Director of Publishing is not liable for any hypertext links directing users to other sites from mystoryboxparis.com.
MY STORY BOX is solely liable for direct and foreseeable damage suffered while using its website or after the end of a sales contract with the customer. Liability excludes all indirect damages.
MY STORY BOX’s liability for all items purchased through the website is strictly limited to the purchase price of said item.
MY STORY BOX is in no way liable for the following losses, irrespective of their cause:
• loss of income or sales
• loss of utilisation
• loss of profits or contracts
• loss of planned savings
• loss of data
• loss of work or management time
• damage to image
• bad luck, especially when ordering an item
• psychological damage
MY STORY BOX reserves the right to modify the information on this site at any time without prior notification.
MY STORY BOX will describe the items for sale on the website as precisely as possible and will update information posted on the website in the best possible conditions.
Nevertheless, MY STORY BOX cannot guarantee the exactitude, precision or exhaustiveness of the information available to customers on the website.
MY STORY BOX is not liable for minor differences between the pictures of items on the website or texts, illustrations, and items ordered.
The documents, descriptions and information about items on the website are not covered by explicit or implicit guarantees; except those specified by law.
MY STORY BOX does not guarantee damages that could be caused by a computer virus, worm, time bomb, Trojan horse, cancelbot, logical bomb, or any other type of routine program that is designed to damage, destroy, or deteriorate a computer’s functionality in any way. This includes any transmission that is the result of the customer downloading any type of content from the site or the access server, or any software used by the customer to do so. In that regard, the customer recognises that it is their responsibility to install anti-viruses and other security software to protect their hardware; or take any other necessary precautions to protect themselves from any type of bug, virus, or other malignant program.
The customer acknowledges that they take responsibility for all risks related to obtaining content through downloading or any other means when using the site. Furthermore, the customer agrees that they are solely responsible for any and all damages to their computer system or loss of data resulting from content downloads.
MY STORY BOX is only legally bound to deliver items that comply with contractual provisions. Items are deemed to be in compliance with contractual provisions if the following conditions are met: (i) they must comply with their description and posses the same characteristics are described on the website; (ii) they must be adapted to use for which that type of product is generally designed; and (iii) they must meet the generally accepted reasonable criteria for quality and resistance for that type of product.
MY STORY BOX is not liable for not meeting any contractual obligation as a result of Force Majeure as defined by French case law.
Specifically, MY STORY BOX is not liable for being unable to fill an order or in a timely manner due to circumstances beyond its control. (Hereinafter referred to as a situation of “Force Majeure”).
A situation of Force Majeure includes any act, non-completion, omission, or accident beyond MY STORY BOX’s control and especially includes, without limitation:
• Strikes and factory closures
• War, invasion, terrorist attack or threat thereof, demonstrations, civil war, or uprising
• Accident, natural disaster, or epidemic
• Inability to use public or private transportation because of strike, breakdown, or accident
• Inability to access public or private telecommunications services
• Acts of state.
All of MY STORY BOX’s and the customer’s obligations are suspended for the entire duration of the Force Majeure without compensation; and despatch and Delivery times will be extended accordingly. As much as possible, MY STORY BOX will endeavour to find a solution that will allow the vendor to fulfil their contractual obligations despite the Force Majeure. If the situation of Force Majeure extends beyond 3 (three) months, MY STORY BOX or the customer may cancel the order without compensatory obligation for either party. Force Majeure can never be applied to default of payment on the part of the customer.
12. CUSTOMER SERVICE
Customers may make requests for information or enquiries, follow up on an order, or apply the product guarantee by contacting Customer Service. To do so, they should fill out the contact form available on the “Contact” page of the website or send an e-mail to :firstname.lastname@example.org.
13. PERSONAL DATA PROTECTION
Customers have been notified and accept that MY STORY BOX can collect personal information that is gathered on the website. This information can be used by the person in charge of data processing acting on the vendor’s behalf according to the following French and European laws: "Information Technology and Liberties Law” number 78-17 of January 6, 1978 as amended on January 20, 2017; and as amended by EU General Data Protection Regulation 2016/679 of April 27, 2016 (herein after referred to as “Information Technology and Liberties Law”).
MY STORY BOX will protect and guarantee the security and confidentiality of its customers’ personal information in accordance with Information Technology and Liberties, especially by taking all useful precautions to make sure that this information is not deformed or damaged, or obtained by unauthorised third parties. As indicated, the site is hosted by 1&1 IONOS SARL, which provides MY STORY BOX with an online commercial platform from which the vendor sells goods and services. All customer personal data is stored in Ionos, its database, and the1&1 IONOS SARL general application. 1&1 IONOS SARL stores personal data on a firewall-protected secure server. If the customer is located in the European Economic Area, their personal data is handled by 1&1 IONOS Cloud GmbH. In case personal data is compromised, MY STORY BOX will notify the French Data Protection Authority as soon as possible. If the breach causes a high risk of having compromised the customer’s rights and liberties, MY STORY BOX will inform the person in question about the data breach.
Customers’ personal data can be sent to contractual service providers and partners as subcontractors as defined by the Information Technology and Liberties Law if they intervene and contribute directly to managing orders; and if they absolutely need to access the personal information that the customer provided when they open and use their Account (Name, address, postale, phone number, and e-mail). Subcontractors can only intervene if instructed to by MY STORY BOX.
Personal information is also saved for security reasons in order to respect legal and regulatory obligations; and to allow MY STORY BOX to improve and personalise the services the vendor offers its customers, and keep them informed of brand promotions and commercial information. Customers’ personal data is only saved for the amount of time needed to fulfil the aforementioned objectives. Particularly, Customers’ personal information is gathered:
• to manage orders and customer relations. Customer information cannot be saved longer than the amount of time needed to manage the commercial relationship with them.
• for market research purposes. In this case, data is saved for three months after the end of the commercial relationship with the customer.
Personal information for market research purposes aimed at non-customers can be saved for three years from the time MY STORY BOX collects it or the prospective customer provides it.
If the customer chooses to use a direct payment platform to pay for their order, Ionos records their credit card data; which is encrypted with the PCI-DSS (Payment Card Industry Data Security Standard). Data related to the purchase is only saved the time needed to complete the purchase and are erased when it is complete.
All direct payment platforms respect PCI-DSS, and are managed by PCI (PCI Security Standards Council) PCI is a joint endeavour between Visa, Mastercard, American Express, and Discover. PCI-DSS help guarantee secure credit card data management for MY STORY BOX and its service providers.
In accordance with the Information Technology and Liberties Law, customers have the right to access, correct, and reject access to all of their personal information. They have the right to file a claim with the supervising authority, to limit the information’s use, to have their data erased, and moved. (Hereinafter referred to as “Information Technology and Liberties’ Rights”).
To exercise one or more Information Technology and Liberties’ Rights, the customer should send a request via e-mail or post to the addresses below; along with their first and last names, e-mail, and customer number:
MY STORY BOX
Customer Service Address: 6, rue Beatrix Dussane 75015 Paris FRANCE
Each request should be signed and include a copy of the customer’s identity card including their signature. Please specify return address.
Answers to requests regarding Information Technology and Liberties’ Rights will be sent within 1 month after the request is received. MY STORY BOX can save all identity card information for one year from receipt of said documents for access rights purposes, and three years for access rejection purposes.
Customers can also access their information and correct information directly on the website if necessary by logging in to their account.
Customers can communicate specific instructions about how they want their Information Technology and Liberties’ Rights to be respected after their death, in accordance with Information Technology and Liberties Law.
14. SALES PROMOTIONS AND NEWSLETTERS
MY STORY BOX may send customers product information and sales promotions by post, e-mail, text, phone, or through MY STORY BOX various social media accounts sur les réseaux sociaux, as long as the vendor has the customer’s prior consent. Customers may exercise their right to refuse sales offer proposals by:
• Post or phone, by sending a clear declaration of their request to email@example.com or MY STORY BOX Customer Service, 6, rue Beatrix Dussane 75015 Paris FRANCE
• E-mail, by clicking “unsubscribe” on the bottom of each e-mail
• Text message, by sending “ STOP” as a response to a text message
• MY STORY BOX social media pages, by unfollowing My Story Box’s page.
When consulting the website, customer browsing history information can be recorded in cookie files that are imbedded in their device (computer, tablet, or smartphone).
Cookies facilitate website browsing and recognise the customer’s browser when they are connected to the website.
Cookies are only installed with customer approval. Browsing the website constitutes tacit approval. Most browsers automatically accept cookies, but customers can manually accept cookies or opt out at any time by changing their browser parameters (often found in the browser’s “Tools” or “Preferences” sections).
Any parameter adjustments made by the customer could negatively impact their user experience. Some parts of the website could be rendered partially accessible. The website uses third-party applications that allow the customer to share website content with other people or share their opinions about website content on social media (like Facebook, Google+, and Twitter). When a customer consults a page of the website that has a “Share” or “Like” button, their browser establishes a direct connection with the relevant social media’s servers. If the customer is connected to social media while browsing, the application buttons connect the browsed pages to their Account. If plug-ins are used, for example, by clicking “like” or leaving a comment, corresponding information is sent to the relevant social media and published on their Account. If the customer does not want information collected from their Account by the third party to be transmitted to social media, they should disconnect from the relevant social media before visiting the website.
MY STORY BOX is in no way liable for content on or the functioning of any social media site, including those that are connected to the site. To understand how social media sites use information about customer activities on our website and the internet, customers can read their respective Terms and Conditions and Privacy Policies.
16. COPYRIGHT, DOMAIN NAME, AND WEBSITE
Any total or partial reproduction or representation (in any way or form and of any kind) of mystoryboxparis.com ’s pages and data or any other part of its website without MY STORY BOX’s prior written consent is forbidden (except copies for personal use and the needs of the press) and is considered to be counterfeit according to copyright law. The perpetrator could be subject to civil and/or penal sanctions.
The brands on this website, especially the “MY STORY BOX” brand are copyrighted by MY STORY BOX. Any total or partial reproduction without the copyright holder’s prior written consent is forbidden.
MY STORY BOX is the sole owner of all parts (e.g.models, illustrations, images, soundtracks, texts, logos, and marques) that make up the website.
Consequently, any kind of direct or indirect reproduction of the points mentioned in the previous article is forbidden; as is changing brands, patents, names, abbreviations, logos, colours, graphics, or other signs on the website. Generally, using these parts other than in the context designated for their use is also forbidden.
Likewise, total or partial use of these parts is only authorised for strictly informational purposes or for personal and private use. Any reproduction or use of copies created for other purposes is expressly prohibited.
17. PARTIAL VOIDING
If one or more of the stipulations set forth in the terms are rendered void or declared to be as such because of a regulation or as a result of the decision of a competent legal authority, the other stipulations remain valid and applicable.
Any tolerance, inaction or inertia on the part of MY STORY BOX should be considered as a renonciation of their rights as set forth in the Terms.
19. APPLICABLE LAW – COMPETENT LEGAL AUTHORITY
The Terms are subject to French jurisdiction.
In case of disagreement, the customer and MY STORY BOX can solve their difference through mediation. In that case, MY STORY BOX informs the customer of the different ways to solve the dispute such as mediation or arbitration.
The customer can contact the European Commission’s dispute resolution platform at: http://ec.europa.eu/consumers/odr/.
Any dispute about fulfilling or cancelling an order, or interpreting, applying, or opting out of these Terms that can’s be resolved through mediation will be sent to the courts of the competent legal authority.