TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Mirqurius (“Mirqurius”), a brand officially owned by MYS AND CO., a company with registered offices at 201 boulevard de stalingrad 94400 Vitry sur seine and VAT NUM. FR 03 831009279. Clauses of this legal document apply to the ordering, purchasing, fulfilment and delivery of our Goods from the top level domain name https://mirqurius.com/ (“Website”).
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about ordering, processing, fulfilment and delivery of our Goods.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms and Conditions you must leave this Website immediately.
These Terms and Conditions may be updated periodically by Mirqurius. Revisions will be posted to this page. You agree to be bound by any revisions.
“Goods”, “Product” or “our Goods” means those goods available from Mirqurius via the Website.
“Order” means an Order for our Goods placed via the Website.
“Taxes” means any taxes (including goods and services tax and other value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with an related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms and Conditions.
COMMUNICATION BY US
As a condition of creating an account with Mirqurius, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
a) “Administrative Emails” involve details of account activity and purchases you have made.
b) “Promotional Emails” consist of product information, new offers and information about Mirqurius. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
PLACING YOUR ORDER
You may place an order with Mirqurius by completing the order form on the Website and clicking the “Checkout” button.
When you place your order, we will issue you with an order number by email. Please note that this is not a confirmation that your Order has been accepted.
Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any shoes or other products, however Mirqurius will make every effort to supply the shoes you have designed to you, or other products you have selected for purchase.
We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for:
verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud; and
confirming with our suppliers that they are able to supply the shoes you have designed.
Formal acceptance of your offer will occur when we email you confirming your order and, where you have ordered a pair of bespoke shoes, where we provide you with the first update on the making of your shoes.
If we cannot process or accept your order after payment is received we will contact you by email or telephone.
You warrant to Mirqurius that all goods that you order are intended for personal, domestic, non-commercial use only.
You agree that, if your order is accepted by Mirqurius in accordance with these Terms & Conditions, you will not resell the Goods in your own e-commerce store or related digital market.
You agree and acknowledge that, if your offer is accepted by Mirqurius in accordance with these Terms & Conditions that Mirqurius is contracting to arrange for the delivery of the relevant products to your nominated address. Mirqurius is considered the importer of record in respect of those products and you must comply with all laws and regulations of the country in which you are receiving the products.
Mirqurius and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree not to post or transmit to the Website any material which:
is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary;
is not properly licensed for use on this Website;
violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
constitutes or encourages an illegal act — including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world;
infringes on the rights of a third party in any country in the world; or
has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree to not attempt to “hack” the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the Mirqurius shoe designer, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that Mirqurius owes no royalty or licence fee to you or any third party for use of material which is posted or transmitted to the Website. This includes but is not limited to images of shoes designed by you using our shoe designer, and photographs of shoes custom made for and sold to you. Mirqurius is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
ACCESS TO Mirqurius
You must choose a password when you create your own account in Mirqurius. It is needed to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms and Conditions. Mirqurius has no obligation to investigate the authorisation or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorised by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Mirqurius of any unauthorised use of your password or identification or any other breach or threatened breach of this Website’s security.
If you decide to purchase a pair of shoes or other product from the Website, you agree to promptly pay the associated fee. If you make any purchase in a currency other than your local currency, you may be charged a currency conversion fee, foreign transaction fee and/or processing fee by your bank, credit card provider or financial institution. You acknowledge that if you trigger a “chargeback” through your credit card provider we reserve the right to no longer conduct business with you.
You acknowledge that all discounts arising from promotional offers are applied to transaction amounts only before any applicable sales tax and existing account credit is applied to the total amount of your order.
Discounts will be calculated on the final amount of an order taking into account any refunds, additions or deletions. Where an order is changed after payment has been processed, Mirqurius will recalculate the discount applied and only refund the difference between the price you paid and the price that you would have paid had your original order been for the amended order. Where a remake order has been placed on a discounted item that results in a change in price, Mirqurius will credit or charge the difference in price for that item, as the case may be.
Mirqurius reserves the right to verify the validity of the promotional offers redeemed by you at any time. If we have reason to believe that there has been unauthorised use of a promotional offer then we can revoke this offer and cancel your order at our discretion.
If your ordered goods present particular types of damage or if you encountered any kind of issue in the order/delivery process (for example, if we sent the wrong good of if the product has a wrong characteristic as the color), you have the chance to ask a return/refunds of goods, compiling the form at https://mirqurius.com/contact-us/ within 5 days from the good delivery at your destination.
We reserve the right to analyze case by case and to refuse any request if we declare its unavailability to return/refund.
CREDIT CARD FRAUD
Mirqurius, through our transaction provider PayPal, employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. However Mirqurius will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner as a result of using this Website.
DELIVERY OF YOUR PRODUCTS
Mirqurius makes every effort to deliver your product purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your custom made shoes or other product has not arrived after the estimated delivery time, please contact us.
We encourage you to visit your account section on our Website to view the delivery status of your custom made shoes or other product.
Unless otherwise agreed by us, we will deliver your product to the address indicated on your order confirmation. If no-one is available to take delivery of your order, our carrier may leave a card so you can pick-up your custom made shoes or other product from a third party address. If you grant authorisation for our carrier to leave your delivery without a signature, you release Mirqurius and our carrier from all liability. Deliveries lost, stolen or damaged under these circumstances are not covered by the Mirqurius returns policy for remake or refund, or by our carrier.
We will use our reasonable efforts to deliver your product to you within the estimated delivery time indicated on your order confirmation; however, we do not guarantee that we will deliver within this time frame. To the extent permitted by law, Mirqurius will not be liable for any delay or inability to deliver your order within the estimated timeframe.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Mirqurius. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
Our goods come with guarantees that cannot be excluded under the France Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms.
Mirqurius reserves the right to change the Terms and Conditions at any time.
No Mirqurius employee or agent has the authority to vary any of the Terms and Conditions.
Mirqurius shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Mirqurius, and Mirqurius will be entitled to a reasonable extension of time for the performance of such obligations.
DISCLAIMER AND LIABILITY
Whilst every effort has been made to ensure the information contained within this Website is correct, Mirqurius makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.
Mirqurius, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
GOVERNING LAW AND SEVERABILITY
This contract will be governed by the laws of France. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.