These general sales conditions (hereinafter “Mystery Box T&Cs") are specific to the sale of "Mystery Boxes" by AMI PARIS (hereinafter "AMI PARIS" or the "Seller") to the Buyer (hereinafter the "Buyer") from December 1st to 20th, 2023 and represent the full obligations of the parties. In this sense, the Buyer is deemed to accept them without reservation.
The Mystery Box T&Cs apply to the exclusion of all other conditions, particularly those applicable for standard sales on the amiparis.com website or in-store. They are accessible on the mysterybox.amiparis.com website (hereinafter the "Mystery Box Site") and will prevail over any contradicting document. AMI PARIS reserves the right to modify them and make them applicable as soon as they are posted online. If a sales condition should be missing, it is presumed to be governed by the practices in force in the distance selling sector.
The Buyer acknowledges that they were provided, in a clear and understandable manner, the present terms and conditions of sale (T&Cs) for Mystery Boxes as well as the following information, before placing their order: key features of the Mystery Boxes; their price; any additional charges; delivery times; the identity of the Seller; payment terms; how to handle complaints; the procedures to exercise the legal warranty of conformity and hidden defects.
It is understood that any order will require the creation of a customer account (hereinafter "F.AMI.LY Account”) and the following of the instructions that will appear on the Buyer's screen. The Mystery Boxes will be sold for a limited period from 1st December 2023 to 20th December 2023 and can be ordered among 999 units via the Mystery Box Site. The number of the Mystery Box will be randomly selected or discretely chosen by the Buyer from the units still available.
The Buyer will then be asked to provide their email address and create their F.AMI.LY Account. In order to receive the gift contained in the Mystery Box, the Buyer must also provide the clothing size of their choice, based on the AMI PARIS size guide, and their shipping address.
In order for the order to be validated, the Buyer must accept, by clicking where indicated, these Mystery Box T&Cs, and finally validate the payment method.
The sale will be considered final after receipt of the order registration by email and the collection of the full price.
A confirmation of the order and immediate availability of the Mystery Box on the F.AMI.LY Account will be sent by email to the Buyer and will serve as a sales contract.
Any order implies acceptance of the prices and descriptions of the Mystery Boxes available for sale. Any dispute on this point will occur in the context of a possible exchange and the warranties mentioned below.
In some cases, such as a payment default, incorrect address, or other issue with the Buyer's F.AMI.LY Account, AMI PARIS reserves the right to block the Buyer's order until the issue is resolved.
For any questions related to tracking an order, the Buyer must contact the AMI PARIS Customer Service (hereinafter the "Customer Service"):
• By email: mysterybox@amiparis.fr
The online provision of the Buyer's bank card number and the final validation of the order will constitute proof of the Buyer's agreement. In the event of fraudulent use of the bank card, the Buyer is advised to contact Customer Service as soon as this use is noticed.
The computerized records, stored in the Seller's computer systems under reasonable security conditions, will be considered as evidence of communications, orders and payments made between the parties. Archiving of the purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
The Mystery Boxes are offered up to the limit of the available 999 units. Each Mystery Box consists of a non-fungible token:
It is understood that the above defined Mystery Box will be transferred and only accessible on the F.AMI.LY Account. The gift selection is described with the greatest possible accuracy on the page mysterybox.amiparis.com. However, if errors or omissions have occurred with this presentation, the responsibility of AMI PARIS cannot be engaged.
The photographs of the products are not contractual.
The price of the Mystery Box is set and indicated in EUR, USD, GBP, WON, or YEN depending on the location of the Buyer's connection. It includes delivery charges and takes into account the VAT applicable on the day of the order.
This is an order with a payment obligation, which requires the Buyer to make a payment. The price is payable in full and is due on the day of the order, with the payment only being considered final after the actual receipt of the amount due by AMI PARIS.
To pay for his order, the Buyer has, at his choice, all the payment methods listed on the Mystery Box website. The Buyer guarantees that he has the necessary authorizations to use the chosen payment method. The Seller reserves the right to suspend any order management and any delivery in case of a credit card payment authorization refusal by officially accredited organizations or in case of non-payment. The Seller notably reserves the right to refuse to make a delivery or to honour an order from a Buyer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.
Delivery means the transfer of the ordered Mystery Box on the F.AMI.LY account to the buyer. Except in the case of force majeure, the delivery of the Mystery Box will be made immediately after the confirmation of payment by the seller's bank.
The delivery of the gift will be made within 30 days from the date of its revelation on December 25, 2023.
In the event of non-compliance with this deadline, the buyer must contact the Customer Service and instruct the seller to execute the delivery within a reasonable additional period.
The gift is delivered to the address indicated by the buyer during the ordering process. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can request the sending of an invoice to the billing address by validating the option provided for this purpose.
If at the time of delivery, the original packaging is damaged, torn or open, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reserve or any anomaly concerning the delivery on the delivery note. This check is considered done as soon as the buyer, or a person authorized by him, has signed the delivery slip.
The buyer must then confirm these reservations to the carrier no later than 2 working days after receipt of the product and send a copy to Customer Service.
If the products are damaged and need to be returned to the seller, a return request must be made to the seller within 3 days of delivery. Any complaint made outside this period will not be accepted. The return of the product will only be accepted for products in their original condition.
The Buyer must report any non-compliance of products with the gift indicated on the F.AMI.LY Account or email to the Customer Service within 24 hours from the delivery. Any claim made beyond this period will be rejected.
The product must be returned to AMI PARIS in its entirety and in its original packaging, to the following address: PLF FASHION, 20 Boulevard de l’Europ, Combs la Ville 77380, France. The Seller bears the return costs.
The Buyer may transfer his Mystery Box to any third party of his choice. The said transfer implies the transmission of all the digital content of the Mystery Box, namely immediate access to exclusive AMI PARIS content and access to private and confidential sales. Any information regarding the non-fungible token and its possible transfer is available on the following page: mysterybox.amiparis.com/faq.
The transfer of ownership and the risks of loss and deterioration related to it will only be carried out after full payment of the price by the Buyer, regardless of the delivery date.
AMI PARIS is the guarantor of the conformity of the products, allowing the Buyer to make a request under the legal warranty of conformity and defects of the sold item, provided by the applicable law. In case of implementation of these warranties, it is reminded that:
In accordance with Article L221-28 13° of the Consumer Code, because of the digital nature of the non-transferable token forming the Mystery Box purchased and its immediate delivery onto the F.AMI.LY Account, the Buyer is unable to exercise the right of withdrawal that applies to a traditional sale and expressly renounces the use of his right. This applies to all elements contained in the non-transferable token as defined in the aforementioned Article 7.
All circumstances beyond the Parties' control preventing the performance of their obligations, in accordance with the definition of force majeure upheld by French jurisprudence, are considered as causes for exemption from obligations and result in their suspension. Specifically, the following are considered cases of force majeure, in addition to those usually upheld by French jurisprudence: blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to external telecommunication networks to customers.
The party invoking force majeure circumstances must immediately notify the other party.
The content of the Mystery Box site - including all images, photographs, and videos - remains the exclusive property of AMI PARIS, the sole owner of the intellectual property rights on this content.
Buyers or any third party commit to make no use of this content; any total or partial reproduction of such content is strictly prohibited and may be considered an act of infringement.
These General Terms of Sale are written in French. In the event they are translated into one or more foreign languages, only the French text would be authoritative in case of dispute.
These general conditions are subject to the application of French law. In the event of a dispute or claim, the Buyer will primarily approach the Seller to obtain an amicable solution. In case of failure to reach an amicable agreement between the Parties, within a period of 20 days of the receipt of a registered letter notified by one of the Parties, the dispute would then be subject to the jurisdiction of the French Courts, under common law conditions.
The Buyer may also resort to conventional mediation, especially with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution mode (conciliation, for example) in the event of a dispute.
