Terms of Sales
The following provisions establish the general conditions of sale of the products offered by the company MOISMONT SARL on its website at the following address: www.MOISMONT.COM Clicking on the icon "I accept the general conditions of sale » means that you accept the present general conditions of sale. Clicking on "Validate your order" means that you definitively confirm your order. MOISMONT invites you to carefully read the clauses below. The MOISMONT company informs you that it is not possible to buy a property without accepting the conditions set out below. MOISMONT is a SARL with a capital of 50,000 euros whose head office is located at Domaine de Moismont, 80120 VRON, registered in the Trade and Companies Register of AMIENS under number B 789 532 025
Article 1: object :
These general conditions of sale aim to define, exclusively on the basis of the relationships they establish on the Internet, the reciprocal rights and obligations of the parties as well as the different stages of the ordering process.
Article 2. Products:
The products offered for sale by MOISMONT are those that appear on the site on the day of consultation by the User and within the limits of available stocks. If the product is not available, MOISMONT undertakes to inform the customer as soon as possible. In case of unavailability beyond 30 days of a product ordered and paid for, the customer will be informed by e-mail. The cancellation of the order for this product and its reimbursement will then be made, the rest of the order remaining firm and definitive. The products offered for sale are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, MOISMONT cannot be held liable. The photographs and texts illustrating the products are not contractual.
Article 3. Price:
The prices are indicated in Euro. They take into account any reductions as well as VAT, applicable on the day of the order. The prices indicated are guaranteed within the limits of available stocks except for significant changes in charges and in particular VAT, and except for typographical errors or omissions. The prices indicated do not take into account the postage and packaging costs which will be invoiced in addition and will be specified to the customer during the final validation of his order. MOISMONT reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time the order is recorded, subject nevertheless to the availability of the products. The products remain the property of MOISMONT until full payment of the price.
Article 4. Order:
4.1 - Registration of an order:
The customer interested in an article visible on the site www.moismont.com, orders directly via the site: www.moismont.com. The customer who places his order directly on the www.moismont.com site must follow the following procedure: - When placing his first order, the customer must complete a form containing the following information: title, surname, first name, complete delivery address, email and phone number. It then specifies the chosen delivery method. - The customer will choose the different products in which he is interested and will successively click on the link “Add to my basket”. At any time he will have the possibility:
- Obtain a summary of the selected products by clicking on the "My basket" link
- Continue shopping by clicking on the “Continue shopping” link
- Complete your selection and place the order by clicking on the "Payment" link
- To order the chosen products, the customer must identify himself by entering his e-mail address and password. The customer is informed and accepts that the entry of these two identifiers (e-mail address and password) is proof of his identity and expresses his consent. - If the customer has not registered beforehand, he must complete the form which will appear automatically when placing his first order or complete it beforehand by going to the "My account" section and clicking on the "Register" link. . Once the user has been identified, he will have to validate the delivery address then an order form will appear summarizing: the nature, quantity and price of the products selected by the user, as well as the method of payment chosen, the contact details of the user and the delivery address of the package.
4.2 - Validation of the order:
After having read the status of his order, and once all the information requested has been completed by the customer, the latter will click on "Validate" to definitively confirm his order. After having validated his method of payment, the customer definitively and irrevocably validates his order with the effects indicated below. • Payment by credit card via the Crédit du Nord bank (Atos system) The customer validates his address, the product(s) and the total price. The customer must provide his credit card number, the expiry date thereof and the cryptogram number (3-digit number on the back of the credit card). MOISMONT will acknowledge receipt of the order as soon as it is validated by e-mail or by any other means at its convenience, in accordance with the provisions of Article L121-19 of the Consumer Code.
Please note that for any order whose amount is greater than 300 euros, a photocopy of your identity document may be requested. Thank you for providing us with this additional part as soon as possible for a fast processing of your order.
Article 5. Payment:
The amount owed by the customer is the amount indicated on the order confirmation sent by e-mail by MOISMONT to the customer. Payment will be made, unless the server is unavailable, immediately on the Internet by credit card (Blue, Visa, Eurocard/Mastercard).
In any case, MOISMONT reserves the right to refuse any order or any delivery in the event of an existing dispute with the customer, total or partial non-payment of a previous order by the customer, refusal to authorize payment by bank card from banking organisations, non-payment or partial payment, use of a bank card not issued by a French financial institution. The responsibility of MOISMONT can then in no case be engaged in this respect. For any amount greater than one hundred and twenty euros, in accordance with article L.134-2 of the consumer code, MOISMONT will archive proof of the written execution of the sale on paper or electronic media during the applicable legal deadlines. . The customer has access to this document at any time, upon request made to MOISMONT by attaching proof of his identity.
Article 6. Security of transactions:
To ensure payment security, the www.moismont.com website uses the Atos Origin secure payment service. Confidential data (the 16-digit bank card number, the expiry date and the cryptogram) are sent encrypted directly to the bank's server without passing through the physical media of the MOISMONT server. When the order is validated, the payment request is routed in real time to the Atos Origin secure remote payment manager. This sends an authorization request to the bank card network. The online payment manager issues an electronic certificate.
Article 7. Delivery:
The products are shipped with the delivery note, to the delivery address indicated by the customer when ordering. MOISMONT reserves the right to refuse to deliver orders from individuals to collective addresses such as offices, care establishments, residences. In the event of delivery to a collective address, the customer acknowledges that the obligation of www.moismont.com for the routing of the order stops at the actual delivery to the collective address indicated in his order form, even then that the shipment is not received by the final recipient but by a third party. All confirmed orders are processed the next business day and shipped the next business day. With regard to deliveries for export, the deadline will be 6 working days, an indicative duration not depending on postal traffic. Please note that all orders validated on Friday are dispatched on Monday. The delivery times indicated are indicative times from the day following the validation of the order by the customer. They correspond to the processing and delivery times of the products. Under no circumstances can they be enforceable. MOISMONT therefore declines all responsibility in the event of an excessive delivery time due to the postal services or the means of transport, as well as in the event of loss of the products ordered or of a strike. The risks of transport are borne by the customer, who must make a reasoned protest to the postal services or to the carrier, within three working days of delivery. This being so, despite all the care taken by MOISMONT in preparing the parcels, a product may be missing. Similarly, after transporting the package, one of the products may prove to be defective. This is why, upon receipt of his order, the customer will make sure to check the conformity of the products received. Any anomaly concerning the delivery (missing product or damaged package) must imperatively be notified, on the day of receipt or at the latest on the first working day following receipt, to MOISMONT customer service, by registered mail to the following address: MOISMONT SARL DOMAINE DE MOISMONT 80120 VRON
Any complaint made after this period will be rejected and MOISMONT will be released from all liability. MOISMONT reserves the right to ask the customer to return the defective product. If the aforementioned conditions are met, MOISMONT will then issue a credit note, refund the defective product(s), or resend the missing product (subject to the merits of the Buyer). The products offered for sale on the site www.moismont.com can only be purchased in France. MOISMONT reserves the right to modify the list of these countries at any time.
Article 8. Availability:
The products offered by MOISMONT are valid as long as they are visible on the site within the limits of available stocks. Indications on the availability of products are provided to you at the time of placing the order. In the event of product unavailability after placing the order, MOISMONT undertakes to inform the customer by e-mail upon receipt of the information as soon as possible. Your order will be automatically canceled and the customer immediately refunded if his account has been debited. Reimbursement will be made directly to the customer's bank account at the latest within thirty days of payment of the sums paid by the customer.
Article 9. Right of withdrawal:
All products sold benefit from the “satisfied or refunded” clause. In accordance with the law, the customer has a right of withdrawal of 7 days to return the products to us without having to justify the reason, in accordance with the provisions of articles L 121 and following of the consumer code. This period runs from the receipt of the goods. This right is exercised by returning the product, only the return shipping costs remain the responsibility of the customer. Items sold in sales, promotions and private sales can only be credited. If the customer exercises his withdrawal period, the company MOISMONT undertakes to reimburse the sums paid within a maximum period of 30 days according to the method of payment which had been chosen. In accordance with MOISMONT's general conditions of sale, only items returned in their original packaging (paper pouches, plastic pouches, etc.) will be accepted. Consequently, returns of washed and/or worn clothing, as well as damaged packaging will be refused. Similarly, if the embroidery option is chosen, it is impossible to return the personalized item. It will be up to the customer to keep any proof of return, which assumes that the items are returned by registered mail or by any other means giving a certain date to this shipment. The return costs are your responsibility, and you are free to choose the type of shipment. In the event of a delivery error, MOISMONT will cover your return costs up to the amount mentioned on the proof of deposit that you will send to us by fax or e-mail. The right of withdrawal is exercised under the same conditions from the order and before delivery.
Article 10. Guarantees:
All products can be credited or refunded except for those marked otherwise. Except in the exercise of his right of withdrawal by the buyer within 7 days of delivery of the order or in the event of a delivery error by MOISMONT, items purchased on sale can only benefit from a credit note. In accordance with MOISMONT's general conditions of sale, only items returned in their original packaging (paper pouches, plastic pouches, etc.) will be accepted. Consequently, returns of washed and/or worn clothing, as well as damaged pouches will be refused.
- Credit note Credit notes are valid for 12 months on the site. Your credit note is mentioned in your customer account. It will be automatically offered to you as a payment method on your next order. If the amount of your next order is lower than that of your credit note, we will integrate the balance into your account immediately after the order.
- Reimbursement Reimbursement can also be requested within 10 days of delivery of the order except for items on sale or benefiting from a code or promotional offer for which the right of withdrawal is 7 days. . MOISMONT undertakes to reimburse within a maximum period of 30 days after receipt of the returned package. Only the delivery costs actually paid by the customer are refundable. It will be up to the customer to keep any proof of return, which assumes that the items are returned by registered mail or by any other means giving a certain date to this shipment. The return costs are your responsibility, and you are free to choose the type of shipment. In the event of a delivery error, MOISMONT will cover your return costs up to the amount mentioned on the proof of deposit that you will send to us by fax or e-mail. In all cases, any request for a credit note or refund must be made via the Contact us section, available in Contact. All items are subject to the legal guarantees in force on the day of the sale, in particular those of articles 1641 and following of the Civil Code. However, any warranty will only apply provided that the damage is not caused by the customer as a result of negligence, deterioration or improper use of the product.
Article 11. Intellectual Property:
All elements of the site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of MOISMONT. The user who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the homepage of the Site, must request authorization from MOISMONT. On the other hand, any hypertext link to the Site and using the technique of framing or in-line linking is strictly prohibited. In all cases, any link, even tacitly authorised, must be removed upon simple request from MOISMONT. Hypertext links may refer to sites other than the site. MOISMONT disclaims all liability in the event that the content of these sites contravenes the laws and regulations in force.
Article 12. Liability:
MOISMONT has, for all stages of access to the site, from the ordering process to the dispatch of the package or subsequent services, only an obligation of means. MOISMONT cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with law and case law.
Article 13. Data processing and freedoms:
13.1 - Personal information:
For the smooth running of the order, the personal data collected will be subject to computer processing, the consumer acknowledges having knowledge of it. As such, the information concerning him may be communicated to the commercial partners of the company MOISMONT. The consumer may object to this communication by writing to the following address: MOISMONT SARL
DOMAINE DE MOISMONT
In accordance with the law of January 6, 1978, the consumer also has a right of access and rectification with regard to any information concerning him appearing in the files of the company MOISMONT.
13.2 - Cookies:
The only cookie that MOISMONT creates is that of the session which will be erased when disconnecting from the site.
13.3 - Web beacons:
Certain web pages on the Site may occasionally contain electronic images or "web beacons", which allow the number of visitors to the page to be counted. These web beacons can be used with some of our partners, in particular to measure and improve the effectiveness of certain advertisements. In any case, the information obtained via these beacons is strictly anonymous and simply makes it possible to gather statistics on the frequentation of certain pages of the site, in order to better serve the users of our site.
Article 14. Signature and proof:
For any payment by credit card on the www.moismont.com site, the electronic certificate issued by the remote payment manager will serve as proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 and following of the Civil Code as well as the means of electronic archiving put in place by MOISMONT. In this regard, the dates and times of the server will prevail between the parties. In all cases, the validation of the order, that the payment is made by credit card directly on the site, is worth signature and express acceptance of all the operations carried out on the site. On the other hand, the due date of the sums due is that referred to in article 4.2 according to the type and method of payment.
Article 15. Offers and promotional codes:
Promotional codes or “Sponsorship” offers generated by MOISMONT do not apply to shipping costs, unless the promotional code relates specifically to shipping costs. These are offers that can be used excluding promotions and exceptional offers (unless specified). Promotional codes cannot be combined with other promotional codes or offers (unless specified).
Article 16. Partial invalidity:
In the event that one of the clauses of this contract would be null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and respect of these general conditions of sale.
Article 17. Entirety of the contract:
These general conditions of sale and the order summary sent to the customer form a contractual whole and constitute the entirety of the contractual relations between the parties.
Article 18. Modification of the general conditions of sale:
MOISMONT SARL reserves the right to modify the General Conditions of Sale. Any new version of these will be announced beforehand on the first page of the My Account section. Members who do not want contractual relations to be governed by the new version of the General Conditions of Sale, must notify this and, from the date from which the new version takes effect, they must stop using the services. MONTH. In the event that any of the terms of the General Conditions of Sale would be considered illegal or unenforceable by a court decision, the other provisions will remain in force.
Article 19. Force Majeure:
The execution, by the company, of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution. The various cases recognized by French case law are considered as such. In such a fortuitous event, MOISMONT will inform its customers within seven days by e-mail.
Article 20. Applicable law and attribution of jurisdiction:
This contract is subject to French law. The language of this contract is French. In the event of a dispute with professionals and/or merchants, the courts of Paris will be competent. In the event of a dispute with a customer, the French courts will have sole jurisdiction.