General Terms of Sale

Date of last update: 11.08.2020

Preamble

We are pleased to welcome you to our websites d-mirage.com for Switzerland and Liechtenstein and eu.d-mirage.com for Europe and the Rest of the world (hereinafter referred to as the "Site" for both websites without distinction).

The present general terms of sale exclusively govern the sales of products offered on the Site. They are systematically accessible on this Site by the "Customer" at the time of order registration.

Consequently, the fact of placing an order implies the Customer's full and unreserved acceptance of these general terms of sale.

Any condition to the contrary set by the Customer will therefore, in the absence of express acceptance, not be opposable to DM Mirage Sàrl, regardless of when it may have been brought to its attention. The fact that DM Mirage Sàrl does not take advantage of any error in the present general conditions of sale at a given moment cannot be interpreted as a renunciation to take advantage of any of the said conditions at a later date.

DM Mirage Sàrl makes every effort to ensure to the best of its ability the accuracy and updating of the information published on the Site and reserves the right to correct the content at any time and without notice.

If a condition should be lacking, it would be considered to be governed by the Swiss customs and laws in force in the field of distance selling.

Legal disclaimer

DM Mirage Sàrl, with a capital of CHF 20'000, whose head office is located at the following address:

En Coulaye 18,
1029 Villars-Ste-Croix
Vaud
Switzerland (CH)

Company identification number (FDI): CHE-290.222.691
Commercial register reference number: CH-550.1.186.885-1

Director of publication: M. Frkatovic and D. Kamaric

Website host

Shopify

150 Elgin Street 8th Floor Ottawa, Ontario K2P 1L4, Canada

Service department

For any information, question or advice, our customer service is at your disposal.

By mail, to the following address:

DM Mirage Sàrl
En Coulaye 18,
1029 Villars-Ste-Croix
Vaud
Switzerland (CH)

By phone, at the following number: +41 21 703 04 58

By Email, at the following address: contact@d-mirage.com

Article 1. Subject

The present conditions govern the sale of the articles of the "DMirage" online lingerie store presented on the Site by the company DM Mirage Sàrl, with a capital of 20'000 CHF, registered under the number CHE-290.222.691, whose head office is located at En Coulaye 18, 1029 Villars-Ste-Croix, Vaud, Switzerland (CH) (hereinafter referred to as "DM Mirage") to all natural persons who are not merchants and who are of legal age exclusively (hereinafter referred to as the "Customer").

Article 2. Products

2.1 Product characteristics

The products offered for sale online are those presented on the Site. They are described and reproduced by DM Mirage on the Site with the greatest possible accuracy. The information communicated on the product sheet mentions the essential characteristics of the products (colour, description, composition, maintenance, dimensions), their price including Swiss taxes (All Taxes Included Switzerland).

However, DM Mirage draws the Customer's attention to the fact that photographs cannot ensure perfect similarity with the product offered for sale, particularly with regard to colours.

Differences may result from the colour quality of the photographs, the difficulty of rendering the material on the screen or, without being exhaustive, technical adaptation. These differences may not be interpreted as a lack of conformity and lead to the cancellation of the sale.

DM Mirage cannot be held responsible for any obvious error or insignificant mission between the characteristics of the product and its representation and/or description.

Product offers and prices appearing on the Site are valid as long as they appear on the Site, within the limit of available stocks.

2.2 Sizing guide

DM Mirage would like to draw the Customer's attention to the need to verify the size of the products before placing an order.

All sizes of our bras are based on Swiss and European sizes (CH and EU).
All sizes of our panties and thongs are based on international sizes.
For other countries such as France, Italy and England, please use our size guide for conversions.

In the event that the Customer is mistaken about the size, he bears full responsibility. DM Mirage will not accept any claims or refunds in this case.

2.3 Product availability

The products are offered for sale within the limit of available stocks. Only the products appearing on the Site on the day of its consultation by the Customer are offered for sale. Thus, when placing an order, the Customer is informed of the availability of the selected Product. If a product is unavailable, DM Mirage agrees to inform the Customer as soon as possible by e-mail and to indicate, if applicable, the estimated waiting time for delivery of the product. The Customer may confirm the order or request reimbursement of the product based on the invoiced price.

Preparation and delivery costs will be refunded to the Customer if the Customer confirms the cancellation of the entire order and if these costs have been invoiced.

Preparation and delivery costs will remain the responsibility of the Customer if the latter confirms the delivery of one or more other available products that are part of the same order.

Article 3. Prices

On the site for Switzerland and Liechtenstein d-mirage.com, the prices are displayed in Swiss francs (CHF) including all taxes and excluding participation in the shipping costs. They are subject to the Swiss value added tax of 7.7%, and any change in the legal rate of this tax will be reflected in the price of the products presented on the date stipulated by the applicable legislative or regulatory text. The flat-rate amount of participation in the delivery costs is communicated to the Customer on the order summary form, before validation of the order.

On the site for Europe and Rest of the world eu.d-mirage.com, prices are displayed in euros (€) excluding taxes, customs duties and shipping costs. They are subject to value added tax depending on their destination. Any order validated on the site and delivered outside Switzerland and Liechtenstein may be subject to possible taxes and customs duties which are imposed when the parcel reaches its destination, and which are at the customer's expense. The flat-rate amount of participation in the delivery costs is communicated to the Customer on the order summary form, before validation of the order.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place in the context of a possible "exchange/refund" as detailed below.

DM Mirage reserves the right to modify prices and product descriptions at any time, particularly in the case of an increase in charges, an increase in the Swiss VAT rate, and/or in the case of a typographical error or obvious data entry.
However, products will be invoiced on the basis of the prices in effect at the time of order registration, except in the case of manifest error. In fact, despite DM Mirage's vigilance, it is possible that pricing errors may occur on the Site, whatever the reason (computer bug, manual error, technical error, etc.). If orders have been placed at incorrect or obviously derisory prices (vile prices), the orders will be cancelled, even if they had been validated by DM Mirage services. DM Mirage will then inform each of its Customers concerned as soon as possible, so that they can, if they wish, place their order again at the corrected and exact price.

Paid additional services such as delivery are shown separately in the shopping cart and on the invoice.

3.1 Customs duty

Any order validated on the site and delivered outside Switzerland and Liechtenstein may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are the responsibility of the Customer. DM Mirage is not required to verify and inform its Customers of applicable customs duties and taxes. It is the Customer's responsibility to check with the competent authorities in his country to find out.

In the event that the recipient refuses to pay customs duties or taxes, any sums requested from DM Mirage to recover the delivered package (return) will be deducted from the refund made to the Customer.

3.2 Offers and promotional codes

The promotional codes, "sponsorship" offers or "loyalty" offers generated do not apply to shipping costs, unless the promotional code specifically relates to shipping costs. These offers can be used outside of promotions and exceptional offers (unless otherwise specified).

Promotional codes are applicable only once per order and cannot be combined with other promotional codes (unless otherwise specified).

Promotional offers and codes are not redeemable for their monetary value. In the event of a return (refund/credit), the promotional codes, "sponsorship" or "loyalty" offers cannot be reused for a new purchase. Refunds/credits following returns will only cover the sums actually paid, thus excluding the part paid by the promotional codes, "sponsorship" or "loyalty" offers.

Be aware that during the sale period (a period when prices are significantly reduced), items on sale are not taken back or exchanged.

Article 4. Order

4.1 Customer Account

Every Customer must fill in the fields proposed to him, to create his Customer account and to obtain his connection identifiers, these are personal. Any loss or forgetfulness of these identifiers must be reported to DM Mirage as soon as possible by contacting customer service.

The creation of a Customer account is not necessary to place an order on the site, but it does make it easier to track orders placed.
To place an order, the Customer must provide the following information:

  • Valid e-mail address (allowing the Customer to receive information about his order),
  • Mandatory personal data necessary for processing invoices and delivering orders.

It is important that the Customer completes the form as accurately as possible to avoid any errors or incidences in the shipment of the item(s) ordered. The data recorded on this Site is intended exclusively for use by DM Mirage or its partners in the event of express acceptance by the Customer under the conditions described below.

4.2 Registration of the order

Any Customer who wishes to place an order selects the product(s) of his choice by clicking on the "Add to basket" button. At the end of this step, when he goes to his basket, a summary appears on the screen, allowing the Customer to make any changes and then proceed to checkout by pressing the "Proceed to payment" button.

Checkout is only possible when the Customer confirms that he has read and understood the general terms of sale.

The Customer then enters the actual ordering process where he must first provide the mandatory information for processing and delivery of the order, then choose a shipping method and finally provide his payment information.

A summary page is presented to the Customer before the final validation of his order and the launch of the payment procedure.

4.3 Order validation

The purchasing customer guarantees DM Mirage that he has the necessary authorization to use the payment method he chose for his order when placing the order. By validating the order summary and accepting the GCS, the Customer gives consent to proceed to the payment stage. The price due by the Customer is the amount indicated on the summary page. This validation constitutes express acceptance of all operations carried out on the Site.

Any order placed on the Site is paid exclusively online via one of the following means of payment: Visa, Mastercard, American Express, Apple Pay, PayPal, E-finance (PostFinance) and PostFinance Card (swiss shop only).

The order is only taken into account after entering the credit card number (bank), its expiry date and the cryptogram number (3-digit number on the back of the card) for payment. The latter is subject to final validation by the bank of the chosen means of payment.

In all cases, the online transmission of the card number and the final validation of the order will be worth proof of the completeness of the order and will be worth payable of the sums committed by the seizure of the articles appearing on the order form. This validation is worth signature and express acceptance of all operations carried out on the Site.

4.4 Payment security

DM Mirage uses secure payment services: Stripe, PayPal and Wallee (PostFinance), which incorporate the SSL security standard. Confidential data (card number among others) is transmitted in encrypted form directly to the Stripe, PayPal and Wallee servers and is never transmitted to DM Mirage's server at any time.

The Stripe, PayPal and Wallee servers are themselves directly connected to the servers of the banks.

4.5 Payment

The Customer expressly declares that he has all the necessary authorisations to use the payment method he chose when validating his order. The Customer also agrees to ensure his or her solvency before placing an order, in the event that DM Mirage is unable to deliver the products ordered. DM Mirage also reserves the right to suspend or cancel any order or delivery in the event of refusal to issue a payment authorization by the financial institutions involved, depending on the method of payment chosen by the Customer.

Likewise, it reserves the right to refuse to take into account an order or to make a delivery from a Customer with whom a dispute relating in particular to the payment of a previous order remains. The Customer is further advised that DM Mirage may analyse and/or verify orders placed in order to combat fraud, and in this context reserves the right to ask the Customer for any proof it deems useful. At the end of this procedure, DM Mirage reserves the right to suspend or cancel any order or delivery, even in the case of payment authorization issued by the financial organizations concerned, in cases where this analysis and/or verification suggests that the said order was placed in violation of the rights of a third party. Furthermore, it shall not be liable in the event of misappropriation or fraudulent use of any means of payment that has not been detected by this analysis and/or verification procedure.

4.5.1 Payment by credit card (bank)

In the event that the Customer chooses to pay by credit card, he will be directed to the secure server of the said banking establishment in order to proceed with the payment in a secure manner. The Customer's banking information is therefore at no time in the possession of DM Mirage; the bank is therefore responsible for preserving and maintaining the integrity of this information.

The "3D Secure" authentication procedure (also known as "Verified by Visa" and "MasterCard SecureCode"), which ensures optimal security when shopping online by verifying the identity of the card user, can be activated. Authentication procedures are specific to each bank: the user may be asked to enter personal data (such as date of birth), to enter a code received by SMS or to answer a personal question.

Once the payment has been validated by the Customer on the bank's secure server, it will normally be redirected to the Site for confirmation of the order.

4.5.2 Payment with PayPal

The Customer must comply with the conditions of use present on www.paypal.com in order to be able to make purchases on the Site. The Customer acknowledges and accepts that in case of payment by PayPal, the amount of his payment will be cashed at the time of the validation of his order.

4.5.3 Payment using PostFinance services (swiss shop only)

In the event that the Customer opts for payment by E-finance (Postfinance) or Postfinance Card, it will be directed to the secure servers of Postfinance in order to proceed with the payment in a secure manner. The Customer’s banking details are therefore not at any time in the possession of DM Mirage; their preservation and maintenance of their integrity is therefore the responsibility of Postfinance.

Once the payment is validated by the Client on the Postfinance secure server, it will normally be redirected to the Site for order confirmation.

4.6 Default of payment

DM Mirage reserves the right to close any existing customer account in the event of non-payment.

4.7 Acknowledgement of receipt

The Customer is redirected to an order confirmation page if the payment has been correctly made.

An order confirmation email will also be sent to the Customer confirming that DM Mirage has received the order.

4.8 Order follow up

For delivery in Switzerland and Liechtenstein, details and tracking of the order are available for all modes of shipment by the Customer on the site of the carrier chosen at the time of order (Swiss Post or DHL).
To this end, the Customer will receive an email from DM Mirage, once the order has been transmitted to the carrier, containing a number with a link for tracking the order.

For delivery outside Switzerland and Liechtenstein, tracking is only possible for certain shipping methods (Priority Plus for Swiss Post and with DHL).
When tracking is possible and when the order has been transmitted to the carrier, the Customer will receive an email from DM Mirage containing a number with a link to track the order.
If follow-up is not possible, the Customer will still receive an email from DM Mirage indicating that his order has been delivered to the carrier.

If you do not receive an email, please check your spam folder.

Article 5. Delivery

Except in cases of force majeure or unforeseeable and insurmountable facts, delivery times will be as indicated below and run from the date of confirmation of the order. They are communicated to the Customer before any validation of order and payment. It is thus incumbent on the Customer to choose his method of delivery when this is proposed to him.

DM Mirage takes every precaution to ensure that its packages arrive in perfect condition. This being the case, the Customer is required to verify the condition of the packaging and the conformity of the product delivered, and to make any reservations on the carrier's delivery slip.

5.1 Shipping costs

Products are shipped from the following address: DM Mirage Sàrl, En Coulaye 18, 1029 Villars-Ste-Croix, Vaud, Switzerland (CH).

The prices are displayed excluding shipping costs. The contribution to the shipping costs varies according to the carrier selected by the Customer, the type of delivery and/or the delivery location indicated when ordering (Switzerland and Liechtenstein, Europe or Rest of the world). Its amount is indicated before the validation of the order.

For Switzerland and Liechtenstein, the shipping costs are shown inclusive of tax and include the Swiss VAT of 7.7%.
For Europe and the Rest of the world, the shipping costs are displayed net of tax.

For delivery in Switzerland and Liechtenstein with DHL, delivery costs 11 CHF.
For delivery in Switzerland and Liechtenstein by post, standard delivery costs 7 CHF.

For delivery in Europe with DHL, delivery costs 30 €.
For delivery in Europe with Swiss Post, standard delivery costs 12 €.

For delivery to the Rest of the world with DHL, delivery costs 40 €.
For delivery to the Rest of the world with Swiss Post, standard delivery costs 17 €.

DM Mirage offers delivery charges for standard delivery with Swiss Post for all orders from 100 CHF for Switzerland and Liechtenstein and from 100 € for Europe and the Rest of the world.

The detailed price list of shipping costs is available at any time under Delivery.

In most of the countries concerned, the advertised delivery prices (above and under Delivery) for Swiss Post apply. However, it may happen that for some countries (such as Australia, Japan or China), these prices require a fairly substantial increase (depending on the prices and delivery possibilities of Swiss Post) after the Customer has placed an order.
In this case, the Customer is contacted by email by DM Mirage to offer either to pay the surcharge, either to choose a delivery with DHL or, as a last option, to cancel the order and refund the entire order including the delivery costs already charged without the surcharge.

DM Mirage will also not offer the delivery costs for a standard delivery with Swiss Post in Europe and the Rest of the world if an increase should also be applied after the order and even if the total amount of the order is 100 € or more.
In this case too, the Customer is contacted by email by DM Mirage to propose to him either to pay the delivery costs with Swiss Post or with DHL or finally to cancel his order and to refund him the whole of his order without the delivery costs which were not invoiced in this case.

For deliveries outside of Switzerland and Liechtenstein, the terms and conditions of each country apply for any customs and VAT charges. These shall be always borne by the customer.

5.2 Modes of delivery

Parcels are delivered to the Customer's home or to any other address of his choice, by Swiss Post or other service providers.

DM Mirage processes packages from Monday to Friday.
If an order is placed before 12:00 noon, it can still be processed the same day and transmitted to the carrier chosen by the Customer the next business day.

Otherwise, it will be processed on the next business day and forwarded to the carrier on the following business day.

For Switzerland and Liechtenstein, on the date of transmission of the order to the carrier, the delivery time is: 2 working days for standard delivery by post and 2 working days (48 hours) for DHL.
The delivery times for other shipping methods for the post office are available under Delivery.

For deliveries outside Switzerland and Liechtenstein, on the date of transmission of the order to the carrier, the shipping time is: 2 working days (48 hours) for DHL and between 7 and 15 working days for a standard delivery by Swiss Post.
The exact delivery times for other shipping methods and standard delivery depending on the country are available on the official Swiss Post website.

Be careful at certain times of the year (sales, private sales, promotions, ...) during which processing times may be longer due to the large number of parcels to be processed.

DM Mirage reserves the right to modify its prices at any time, but the products ordered will be invoiced on the basis of the rates in effect at the time the order is validated.

In the event of out-of-stock condition of one or more products of the order, the order will be cancelled, the customer will receive an email confirming the cancellation and the refund of the order as well as delivery costs if they have been invoiced.

A summary of the order information (content and delivery data) will be communicated to the customer via a confirmation email.

The order, once validated, will be delivered to the address provided by the recipient. DM Mirage insists that the customer must be present at the time of delivery. In the event of absence, after a call by the courier, the order will be returned to us for cancellation and shipping costs (and any customs and VAT charges) will be billed to the Customer. DM Mirage cannot be held responsible for non-receipt of the order if the address provided is incorrect or incomplete or if the recipient is absent.

5.3 Delivery areas

The products are offered for sale while stocks last and are delivered in Switzerland and Liechtenstein, and anywhere in the world.

5.4 Delivery times

All deliveries are made within a maximum of 30 days from the date of order. In case of exceeding of more than 30 days of the delivery deadline (except in case of force majeure) and within 60 days from the same date, the customer will be able to:

  • Either notify the delay by e-mail to the following address contact@d-mirage.com. In this case, DM Mirage will contact the postal services in order to conduct an investigation that will not exceed 30 days. At the end of the investigation, if the package has not been located, the customer will be reimbursed the amount of the order or the order will be returned to the customer free of charge,
  • Either cancel the order and request a refund by sending DM Mirage a registered letter with acknowledgement of receipt.

Details of the different types of delivery can be found in the online shop (under Delivery). The choice of the type of delivery is made by the customer at the time of the order. It is not possible to set a specific delivery time within the delivery time range. However, any claims for damages or other claims of the customer are excluded.

No deliveries are made on Sundays or official national and cantonal holidays for Switzerland and Liechtenstein.

If the customer is not on site at the time of delivery and has not given any specific instructions for delivery, the goods shall be deposited in the customer's letterbox. Insofar as the customer's letterbox belongs to a letterbox system, the deliverer shall deposit a collection notice in the letterbox. The customer shall then collect the delivery from the respective post office.

The customer is responsible for the products delivered, even if he has not received them himself.

Article 6. Returns and refunds

Customers are free to return the items they have ordered within 30 days from the date of their order and 14 days from the date of delivery of their order, upon presentation of the order form and/or invoice, and for any unworn item, in its original packaging, and for the current season.

Returns can be made to the following address:

DM Mirage Sàrl
En Coulaye 18,
1029 Villars-Ste-Croix
Vaud
Switzerland (CH)

The returned product must be accompanied by its original label, if any, and its invoice. The invoice is available on the Site in the "My Account" section if a Customer account has been created or in the email confirming the shipment of the order and must be printed and completed by the Customer if necessary. Attention: Items returned incomplete, damaged, damaged or soiled by the Customer will not be taken back.

DM Mirage will reimburse the Customer for the sum of the products ordered, excluding delivery charges, foreign VAT and customs fees, within a maximum of 14 (fourteen) days following the return.
Return shipping costs are the Customer's responsibility.

It is important to note that, if the customer has benefited from free delivery and if the total amount of the Customer’s order is below the limit allowing him to be entitled to free delivery after deduction of the price of the returned items, then the standard delivery price (7 CHF for Switzerland and Liechtenstein, 12 € for Europe and 17 € for the Rest of the world) will be automatically deducted from the refund.

The refund is made upon receipt of the package at the company address. The Customer's bank account is directly credited with the amount of the returned items thanks to the secure payment partner Stripe, PayPal or Wallee (PostFinance).

Article 7. Complaint

If you have any questions about an order, DM Mirage customer service is available via the "Contact" section. In the event of a dispute, all customers must provide their order number and the exact reason for their request.

Following the resolution of a dispute and if it is necessary to make a refund, this is made directly to the bank account through the secure payment partner Stripe, PayPal or Wallee (PostFinance).

Surveys conducted with delivery service providers to find out the routing of any package must not exceed 30 days.

Article 8. Personal data

DM Mirage informs its customers that when placing an order on the Site, the data recorded about them will be used by internal services only for processing the order.

The Customer has the possibility to receive news and upcoming events by subscribing to the newsletter (form available at the bottom of the page of the Site).

In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data, the customer has at any time a right of access, rectification and deletion of personal information concerning him/her, as well as the possibility to oppose the processing of such data. Our site complies with this RGPD law.

To do this, the Customer only needs to make a request, specifying his contact details and sending a copy of his identity card, by Email to the following address: contact@d-mirage.com.

The Site is also designed to be particularly attentive to the needs of its customers. This is why DM Mirage makes use of cookies. The purpose of the cookie is to signal the Customer's visit to the Site. Cookies are therefore only used by the Site in order to improve the personalized service intended for the Customer.

After each visit to the Site, the Customer must not forget to log out of his profile in order to ensure the preservation of data confidentiality.

Article 9. Guarantee

The products on offer comply with current Swiss legislation. All the products benefit from the legal regime of the guarantee of conformity provided for in articles L211-4 and following of the Consumer Code, as well as the guarantee of hidden defects of articles 1641 and following of the Civil Code. The products offered are in conformity with the Swiss and European legislation in force.

Article 10. Responsibility

In spite of the care taken on our site, the photographs and texts reproduced and illustrating the products presented, can sometimes contain errors. In the event of receipt of an item that does not conform to the one viewed on the DM Mirage website; the Customer may proceed with its reimbursement in accordance with article 6 of our present general terms of sale.

DM Mirage cannot be held responsible for the non-performance of the concluded contract in the event of:

  • Out of stock or unavailability of the product,
  • Disruption, total or partial strike, in particular of postal services or means of transport and/or communications,
  • Floods, fires, any case of force majeure and any other unforeseeable event or event independent of the DM Mirage company.

Hypertext links may refer to websites other than this Site. DM Mirage disclaims all responsibility in the event that the content of these websites violates the legal and regulatory provisions in effect.

Finally, DM Mirage declines all responsibility:

  • For any interruption of the Site, occurrence of bugs, damage resulting from a fraudulent intrusion of a third party having caused a modification of the information made available on the Site,
  • For non-substantial product-related errors,
  • For inability to reach customer service and/or access the Site.

Article 11. Intellectual property

The use of the Site is reserved for strictly personal use. In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this Site and all elements, trademarks, designs, models, logos, graphics, etc. found on this Site as well as their compilation are the exclusive property of DM Mirage or its suppliers, the latter not granting any license or right other than the right to consult the Site.

DM Mirage reminds you that any reproduction, use, or modification, partial or total, of any element of the site is strictly forbidden without prior, special, and express authorization from DM Mirage.

As a result, DM Mirage may take legal action, particularly in the case of counterfeiting, against all those who directly or indirectly infringe its rights.

Article 12. Duration

The present conditions apply for the entire duration of the products and services offered for sale by DM Mirage.

Article 13. Proof

Computerized records kept in the information systems of DM Mirage and its partners under reasonable conditions of security will be considered proof of communication, orders, and payments between DM Mirage and the Customer.

Article 14. Applicable law - Disputes

This contract is subject to Swiss law. The reference language of this contract is the French language.

Article 15. Modification of the general terms of sale

In view of possible changes to the Site, DM Mirage reserves the right to adapt or modify the present general terms of sale at any time. The new general terms of sale will, if necessary, be brought to the customer's attention by online modification and will be applicable only to sales made after the modification.