Prior to your placement of an order, we ask you to take cognizance of the general terms and conditions of sale on our site www.mexicana.fr.
These general terms and conditions of sale are concluded between MEXICANA, a company with capital of € 20 000, which has its head office at 137 rue Sainte Catherine, registered in the Bordeaux registry of Trade and Companies under number 512717521, hereinafter referred to as Mexicana, and any natural person or legal entity that desires to make a purchase on Mexicana’s website, hereinafter referred to as the « Purchaser ».
The purpose of these general terms and conditions of sale is to define the contractual relationships between MEXICANA and the Purchaser (whether a professional or a consumer), and the terms and conditions applicable to all purchases made on MEXICANA’s retail website. These general terms and conditions of sale shall supersede all other general or particular terms and conditions that are not expressly agreed to by MEXICANA. Any changes made in these general terms and conditions after the Purchaser’s placement of an order do not affect said order, unless we are obligated by virtue of law to make such changes.
MEXICANA reserves the right to accept orders only from persons who are over 18 years of age.
Characteristics of the products and services offered:
The products and services offered are those that are displayed in the catalogue published on Mexicana’s site. They are offered according to their availability in stock. A description is provided by the supplier for each product; for some items, the Purchaser may have access to the supplier’s documentation.
The catalogue’s photographs are as close to reality as possible; however, they cannot be completely identical to the product offered, especially regarding colours.
The prices appearing in the catalogue are stated in euros and include all taxes, with the VAT being at the rate applicable on the date of the order; any change in the rate may be passed on to the price of the products or services. Mexicana reserves the right to change its prices at any time, with it being understood that the price appearing in the catalogue will be the only price applicable to the Purchaser. The prices include the costs for processing the orders, shipment and delivery, if delivery is made in the geographical areas indicated for delivery. The prices include the costs related to importation of merchandise.
All orders are subject to acceptance and availability. None of the articles in your basket are reserved and any of them may be purchased by other customers.
We reserve the right to refuse an order if, for example, we are not able to obtain the payment authorization; shipment restrictions apply to a particular article; the article ordered is sold out, does not comply with our standards of quality control, or is removed; or if you fail to meet the eligibility criteria stipulated in the general terms and conditions of sale.
We may also refuse to process and, consequently, accept a transaction, without the need to show good cause, or refuse a service to any person at any time at our sole discretion. We are not accountable vis-à-vis you or any third party for removal of any products from our site, whether or not said products have been sold; for removal, deletion or modification of any information or contents on the site; for a refusal to process a transaction; or for interruption or suspension of a transaction once its processing has begun.
A Purchaser who wants to purchase a product or service must:
- fill out the identification sheet in which he indicates all of the contact data requested or give his customer number if he has one;
- fill out the purchase order online, giving all of the references of the products or services selected;
- validate his order after verifying it;
- make the payment pursuant to the specified terms;
- confirm his order and payment. Confirmation of the order entails acceptance of these general terms and conditions of sale, acknowledgement of having read them thoroughly, and a waiver of the right to invoke its own terms and conditions of purchase or other terms and conditions. Transmission of the data and registration of the confirmation shall constitute proof of the transaction. Confirmation shall be deemed to be the signature and acceptance of the transactions carried out. The seller shall confirm the registered order by email.
We also take all necessary measures that are within our capacity to keep the information of your order and your payment secure. However, we disclaim all liability for any loss you might incur, for reasons not imputable to us, if an unauthorized third party accesses the data you have provided when entering our site and placing an order thereon.
Pursuant to the 2013 regulation for remote sales, a purchaser who resides in the European Union is entitled to cancel an order placed with MEXICANA if he so informs us in writing beforehand at the following address: MEXICANA 137 rue sainte Catherine 33000 BORDEAUX.
Purchasers who are non-professional natural persons have a right of retraction for 14 days from the date of delivery of their order, within which they may return their products to the seller for an exchange or refund without penalty, except for the shipment cost.
The price is due and payable upon placement of the order.
The Site is available only to persons and third parties that meet MEXICANA’s eligibility conditions, whose applications MEXICANA finds acceptable, with a valid debit/credit card issued by a bank accepted by MEXICANA, and which authorize MEXICANA to debit their debit/credit card for the total price of the products they have purchased.
The payments will be made by bank card via a secured 3D system using the Secure Socket Layer protocol, with the conveyed information being encrypted by a software and with no third party having access thereto during the conveyance on the network. The Purchaser’s account will be debited only upon validation of the order for the available products or services. An invoice issued on paper showing the VAT will be sent to the Purchaser if he so requests.
Delivery is made at the address indicated in the purchase order. The risks are transferred to the Purchaser upon departure of the products from MEXICANA’s premises.
In the event of damage during shipment, a justified complaint must be submitted to the shipment company within three days of delivery.
The delivery time is given only as an indication. If it exceeds thirty days after the order, the sale may be cancelled and the Purchaser will be reimbursed.
MEXICANA reserves the right to limit the quantities of an article delivered to the same Purchaser or at the same postal address.
Returns and exchanges:
You have 14 days following the notice of your retraction to MEXICANA within which to return the products. The return is approved if you send them prior to expiration of the aforesaid period.
We exchange articles for different sizes only as a function of the available stock. If you want to exchange an article for another one, we suggest that you return the ordered article to the following address: MEXICANA 137 rue Sainte Catherine 33000 BORDEAUX, that you ask for a credit and that you purchase a new article separately.
Only unused articles bearing the MEXICANA labels can be returned. If articles are returned damaged or stained, they will not be accepted and will be returned to the customer.
Any protective covers and leather labels that are provided with the shipment must be included in the return.
All shoes must be tried on over a carpet until you are sure to keep them.
After verification of the returned articles, your reimbursement will be credited on the original means of payment. If your order was sent to a country in the European Union, you will be reimbursed for the VAT you have paid. If your order was sent to a country outside of the European Union, you will not be reimbursed for the customs duties and taxes. However, you may contact your local customs office and ask for a possible reimbursement for said duties and taxes on the returned articles.
Due to the processing times, please note that the reimbursement for merchandise may occur within 10 business days.
All products supplied by the seller are under the legal warranty specified by articles 1641 et seq. of the Civil Code. A nonconforming product may be returned to the SELLER, which will take it back for an exchange or reimbursement. All complaints and requests for exchange or reimbursement must be made by post at the following address: MEXICANA 137 rue Sainte Catherine 33000 BORDEAUX, within 30 days following the date of the invoice.
The seller, in the process of an oneline sale, is bound to an obligation of best effort. It cannot be held liable for damage resulting from use of the internet network, such as loss of data, intrusion, viruses, interruption of services, or any other involuntary problems.
All of the MEXICANA site’s components are and remain MEXICANA’s exclusive intellectual property.
Nobody is authorized to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, components of the site, whether they are software, visuals or acoustics. Any link, whether simple or by hypertext, is strictly prohibited without MEXICANA’s express written authorization.
In accordance with the Act of 6 January 1978 regarding computerized data processing and individual rights, nominative data related to purchasers may be subject to automated processing. MEXICANA reserves the right to collect information from the purchasers, including use in cookies, and, if it so desires, to transmit the collected information to commercial partners. The purchasers may oppose disclosure of their data by advising MEXICANA thereof. Also, users have the right to access and rectify their data in accordance with the aforesaid Act. The automated data processing and the management of email addresses of users of the site were declared to the French Data Protection Authority on 29/07/2014, and registered under 1784848 v 0.
Archiving - Proof: MEXICANA archives the purchase orders and the invoices on a reliable and sustainable medium that constitutes a copy complying with the provisions of article 1348 of the Civil Code. The parties deem MEXICANA’s computerized registries to constitute proof of the communications, orders, payments and transactions between them.
Settlement of disputes: These general terms and conditions of online sale are governed by French law. Any dispute shall be submitted to the competent courts of Bordeaux, notwithstanding a multiplicity of defendants or an action for enforcement of a guarantee.
The definitive general terms and conditions are in the process of finalization.