Terms of sale
GENERATED CONDITIONSSALES RALS
PRELIMINARY ARTICLE - DEFINITIONS
In the remainder of the present, the terms below will have the following meaning:
"MOLITOR » : COLSPA, a simplified joint-stock company with a share capital of 5,000,000 euros, registered with the Paris RCS under number 509 936 464, whose head office is located at 6 rue Christophe Colomb 75008 Paris, represented by Grégory MILLON as General manager.
" Order confirmation » : Dematerialized document sent by MOLITOR to the Customer at the’resulting from the Order process and its validation by the Customer via the Internet on the Website as definished belows, confirming l’recording by MOLITOR of the Order made by the Customer on said Website, reproducible on a durable medium by the Customer and recapitulating the essential characteristics of the Products purchased by the Customer, the terms, dates and delivery times, and the terms of’exercise of the right of withdrawal, the form of which is attached to the said dematerialized document.
" sales agreement » : Online contract concluded by MOLITOR and the Customer, at the’after validation of his Order’one or more Products offered on the Website and its receipt of the Confirmation of the Order.
"Client » : Adult natural person having full legal capacity when signing the sales contract or legal person duly represented by a natural person having quality and legal capacity to represent it.
" email » : Any message, in the form of text, voice, sound or’image, sent by a public communication network, stored on a network server or in the recipient's terminal equipment, until the recipient returns itcupère.
" Ordered » : Process implemented online by the Customer from the Website, consisting in choosing, selecting the Products and their quantities, the delivery method, and which’achève upon validation of the Order and subject to payment of the related price.
« Products » : Various products marketed by MOLITOR, on the Website. The essential characteristics of these Products, in accordance with the provisions of’article L. 111-1 of the Consumer Code, s’display dès that the Customer clicks on the chosen Product from the Website.
« Website » : Electronic service operated by MOLITOR on the Internet and accessible at the URL address https://molitor-mltr.myshopify.com/ from a fixed or mobile terminal.
ARTICLE 1 – FIELD D’APPLICATION
1.1.1 These General Conditions of Sale apply, without restriction or reservation, to all the Products offered on the Website by MOLITOR using the Website for the purposes of marketing the Products.
1.1.2. These General Conditions of Sale apply to all Order and Sales operations defined above carried out by the Customer.
Unless specifically excludedère indicated on the Product sheet, the Products appearing on the Website can be delivered worldwide.
1.3.1. These General Conditions apply throughout the duration of the online marketing of the Products on the Website by MOLITOR.
1.3.2. MOLITOR reserves the right, without notice or compensation, to temporarily or permanently close the Website or the’online sales area for Products.
1.3.3. MOLITOR n’is not responsible for damages of any kind that may result from temporary unavailability or the definitive closure of all or part of the Website or the marketing services of the Products associated with it, such as the possibility of placing an Order.
1.3.4. MOLITOR reserves the right to’adapt or modify these General Conditions of Sale at any time. In the event of a modification, the general conditions of sale in force at the time of the validation of the Order and its registration by the Order will be applied to each Order.’batteriesé from rexception.
1.4 Legal regime
1.4.1. These General Conditions of Sale are subject to the provisions of Articles L. 221-1 et seq. Of the Consumer Code.
1.4.2. Any Order, with a view to’purchase of the Products defined above, made on the Website is subject to these General ConditionsSales rales.
1.5.1. These General Terms and Conditions of Sale define the rights and obligations of the parties in connection with the Order of Products offered by MOLITOR on the Website.
1.5.2. They govern all thsteps nnecessary for the fulfillment and monitoring of the Order, for its maintenance and validity, for the process of’purchase of the relevant Product (s) chosen by the Customer, payment of the related price, and the delivery conditions of the Product (s) sold to the Customer by MOLITOR.
ARTICLE 2 - CAPACITY AND ACCEPTANCE OF THE CUSTOMER
2.1. Any Customer acknowledges having the capacity to contract under the conditions described in the General Conditions of Sale presented below.ès, that is to say to have the legal majority and not be under tutorship or curatorship. In the case of a Client who is a legal person, the natural person representing him / her must have standing to act, to use the means of payment corresponding to the name of the legal person and full capacity as indicated above.
2.2. The Customer acknowledges that these General Conditions of Sale are presented to him prior to the validation of his Order.
2.3. The Customer accepts the General Conditions of Sale, the contractual documents’informing of the essential characteristics of each of the Products and related prices, as well as the Order forms. The terms of the Order are presented to him online on the Website for the purpose of concluding the sales contract relating to the Products ordered by him.
2.4. The Customer declares to have obtained from MOLITOR all the necessary information on the Website.
2.5. The Customer acknowledges having read these General ConditionsSales ralsalso upon their acceptance and’to have freely accepted the’all of the terms prior to the validation of his Order.
2.6. Any validation of the Online Order from the Website by the Customer requires the’prior acceptance of these General ConditionsSales rales.
2.7. L’Customer's agreement regarding these General Conditions of Sale occurs during the process of Ordered to the’step « Review your order ». The customer is invited to click on the button « Pay now » after being informed and subject to its acceptance of the following mentions : « By validating your payment, you definitively confirm your order and accept all of our Terms of Salesand our Refund Policy. » The Customer has the option of saving and editing these General Conditions of Sale from the Website using the standard functionalities of his browser and / or computer and / or mobile terminal, in particular under the’tab " Terms of Sales».
2.8. The Client, précomfortably at Ordering the Products, where possibleé, s’he wishes it, of crécreate an account on the Website où he informedé his e-mail address, his name, his préname, l’delivery address wishée, with the possibilityé enter a second billing address and choose, s’he the wish, of receive the MOLITOR newsletter.
2.9. The Customer expressly accepts that entering the required banking information,’acceptance of these General Conditions of Sale and validation of the Order are made online on the Website. Likewise, the Customer accepts that’Clicking action by the Customer on the button "VALIDATE PAYMENT » as it is said at the’article 188.8.131.52, constitutes an electronic signature within the meaning of’article 1367 of the Civil Code which has, between the parties, the same value as a handwritten signature.
ARTICLE 3 - CONTENT OF THE WEBSITE
3.1. The Website mentions the following information:
- l’precise identification of the COLSPA company (company name, ifèsocial age, email address, numberro de teléphone numberVAT) ;
- the essential characteristics of the Products which’display dès that the Customer clicks on the chosen Product, with, where applicable, one or more options to be selected (for example, size, colors, containers) and, in all cases, a choice concerning the quantity of Products to be ordered;
- availabilitye effective of the Products in stock at the time of the Order, either following the proposal for the default Product format, or following the prior validation of’other options than those displayed by default when viewing the page by the Customer. In case of’unavailabilityé of the Product a message d’error s’poster afters the click for« Add to Cart » and obliges the Customer to return to the Order process in progress previously;
- the prices of each of the Products;
- payment terms ;
- the General Conditions of Sale;
- if applicableant, availabilityé effective of the promotional offer at the time of the Order;
- where applicable, the minimum duration of the proposed contract;
- the existence of’a right of withdrawal, its modalities’exercise and duration d’exercise of this right,
- if applicable, the terms of’cancellation of the order ;
3.2. All the information on the Website is presented in French..
ARTICLE 4 ORDER
4.1. ModalityOrder online
4.1.1. The Customer chooses the Products presented on the Website, which offers him the possibility of ordering one or more various Products of his choice, according to the contractual prices displayed on the page of each Product with or without options left to the Customer's free choice.
4.1.2. The Customer acknowledges having read the terms and conditions for Ordering Products available on the Website and having requested and obtained the necessary and / or additional information to place his Order freely and in full knowledge of the facts.
4.1.3. The Customer is solely responsible for the choice of Products and their suitability for his needs, so that MOLITOR cannot be held liable in this regard.
4.1.4. The Order is deemed accepted by the Customer at the end of the Order process by the’click action on the button "VALIDATE PAYMENT » in the event of payment by bank card lastère page of the Order process as described belowès.
4.2. Online Ordering Process
4.2.1. The Order is deemede formée dès the Confirmation of the Order by MOLITOR, as stated in the’article 4.3.3, and subject to the’effectiveness of online payment by credit card under the conditions referred to in’Article 184.108.40.206.
4.2.2. The Customer undertakes, prior to any Order, to complbe the information requested and, in particular, that relating to his mandatory personal data indicated by’an asterisk upstream of the fields for collecting this information.
4.2.3. The Customer certifies the veracity and accuracy of the information transmitted.
4.2.4. The procedure of Order, the collection of personal data of which is secure under the conditions of the’Article 11 below, includes in particular, the following steps, it being specified,
- thanès the start of the Order process, the Customer is informed that payment by credit card or Paypal is compulsory and that delivery is limited to the territorial areas served by the service providers responsible for transporting the Products,
- what’it is always possible for the Customer to reverseère in the Order process by clicking on each of the steps described below and appearing as a tab on the active page, or by clicking on "YOUR CART» or "NUMBER D’ITEMS IN YOUR CART » to modify the data and, more particularlyèRather, the number of’articles of each Product ordered with the possibility of deleting them.
220.127.116.11. Step 1 - BASKET SUMMARY
This step is valid and can be applied regardless of the Product selected by the Customer by clicking on the chosen Product: the Customer determines the number of Products ordered, any applicable options (color, size, etc.) and the possibility of clicking for "add to cart".
With each addition of’a Product in the basket the cumulative total of Products s’displays with their respective quantities and prices plus the default shipping costs, as shown in’article 6.3.4, and displaying a total of the Order in euros. The customer can choose to continue the Order by continuing to browse the Website or to complete his Order by clicking on "VIEW CART AND CHECKOUT".
18.104.22.168. Step 2 - INFORMATION ON L’DELIVERY ADDRESS
This step consists for the Customer to indicate his postal address.
During this step, the Customer can also complete under the field reserved for this purpose his “REDUCTION CODE”, of which he may be the holder.
To continue with his Order, the Customer must click on the "CONTINUE TO L’EXPEDITION ”.
22.214.171.124. Step 3 - DELIVERY (SHIPPING COSTS)
This step consists for the Customer to choose different delivery methods than those entered by default at the’resulting from the Order and as indicated in’Article 6.3.4, according to the choices offered and possible according to the destinations, namely:
- So colissimo France and International
The price of each of the delivery services of the ordered Products offered and their provider is indicated with the option for the Customer to determine the choice of his delivery terms in the’hypothèse où several choices are open.
The delivery time of the Products ordered is indicated according to the destination entered for the place of delivery and corresponds to the choice of the transport formula and the carrier by the Customer. The date and delivery time indicateds during the reservation process is that of the carrier chosen by the Customer for the chosen destination and n’excènot 30 days except deliveries of specific Products. The delivery time can only be counted from the Confirmation of the Order and receipt of payment by MOLITOR.
The Customer must necessarily accept these General Conditions of Sale as indicated in’article 2.7, accessible on the Website before being able to continue with his Order by clicking on the button "PROCEED TO PAYMENT » which allows’display his Order with the summary of the Products as already displayed and known from the’Step 1, the delivery conditions of the chosen service provider, as chosen by the Customer during the’Step 3, these lastères including possible variations proposed by the Customer.
126.96.36.199. Step 4 - PAYMENT
A l’Following the validation of the delivery conditions, the Customer arrives on the page dedicated to online payment and is expressly informed that the validation of his Order implies a payment obligation.
The payment s’exclusively online by credit card or Paypal.
The Customer chooses his means of payment among those accepted by the online payment protocol, namely: Paypal, CB, VISA, or MasterCard, by clicking on the’corresponding icon. If the Customer chooses to pay by credit card, VISA or MasterCard, he must then enter on the payment page secured by the Stripe service provider, the information relating to his bank card: name of the card holder, number° card, date of’expiration and verification code. Payment can only be validated by the Customer at the’from the seizure of the’all of this information. In any event, payment n’is validated by the Customer only by clicking on the button "Validate the payment ». The Customer can also choose not to continue with his Order:’no click having the effect of not finalizing his Order.
If necessary, according to the protocols specific to the’aupr banking organizationès to which the means of payment used is attached, the Customer may be led to complthere are additional security codes.
During this step, the Customer can choose to dissociate the’delivery address of the’billing address and then add a different billing address if necessary.
At the end of this step, the Customer must click on the button "CHECK THE ORDER » in order to "Review your order » : this step allows the Customer to check their contact details, their delivery information, their payment information and to validate or modify them if necessary.
Once the Client has seenrifiAt his Order, he must click on the button "Validate the payment » to definitively validate his Order.
4.2.6. TRACKING CONTROL
For any question relating to the follow-up of his Order, the Customer can contact MOLITOR Customer Service via the contact form on the Website under the’tab " CONTACT » où The references of his Orders are offered to him in a drop-down menu, or by email to firstname.lastname@example.org.
4.3. Formation of the online sales contract
4.3.1. The online sales contract is only formed’afterès that the Customer has clicked on the button "Confirm payment », at the’resulting from the Order process and its 4 steps described in 4.2.5:
A dOtherwise, the Order is considered to be interrupted and cannot produce any effect.
4.3.2. The formation of the online sales contract, having for object the Products identified in the Order, takes place upon receipt of the Order by MOLITOR, which gives rise to the’sending’an Order Confirmation email with a dedicated Order number as described in the’article 4.3.3.
4.3.3. In all cases of an Order resulting in the formation of the online sales contract for the Products ordered, and without prejudice to the provisions of Articles 4.4., A summary e-mail of Confirmation of his Order with his Order number is sent to the Customer at the e-mail address that he indicated when filling in his information or during Step 2 or when creating his personal account on the Website. This method of communication of the online sales contract is expressly accepted by the Customer. This e-mail constitutes proof of the Confirmation of the Order which recapitulates the terms of the sales contract, the Products purchased, their respective prices, if applicable the discount coupons, the shipping costs, the total price of the Order, the delivery date and deadlines, the delivery provider, the delivery address and the billing address, information relating to after-sales service and commercial guarantees if they exist, the methods of exercising the right of withdrawal if applicable, with its related form, as well as the address of MOLITOR to which the Customer can present their complaints.
4.4 Right of Withdrawal by the Customer:
4.4.1. In accordance with the’Article L. 221-18 of the Consumer Code, the Customer who assumes the quality of consumer has the right of withdrawal, without reason or penalty to the’with the exception of the costs of postal forwarding of the Products concerned, to be exercised within 14 calendar days from the day of receipt, by the Customer or a third party, other than the carrier, designated by him of the Products covered by his Order. The day on which the contract is concluded or the day of receipt of the Products is not counted within the period. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day. In the case of an Order for several Products delivered separately or in the case of an order for a Product made up of lots or multiple parts, the delivery of which is spread over a defined period, the period shall run from receipt. of the last Product or batch or of the last part. For contracts providing for the regular delivery of Products during a defined period, the period starts from receipt of the first Product.
- It being specified that the right of withdrawal cannot be exercised for the contracts listed in Articles L. 221-2 and L. 221-28 of the Consumer Code, in particular:
- - The provision of services fully executed before the end of the withdrawal period and whose execution has begun after the Customer's prior express agreement and express waiver of his right of withdrawal;
- Supply of Products made to the Customer's specifications or clearly personalized;
- - Supply of Products likely to deteriorate or expire quickly;
- Supply of Products that have been unsellafterès delivery and which cannot be returned for reasons of’hygièdo or health protection
- - Supply of Products which, after having been delivered and by their nature, are inseparably mixed with other items;
- - Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of MOLITOR;
- - Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- - Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- - Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
- - Supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
4.4.2. L’exercise of the right of withdrawal by the Customer’performs under the following conditions to be able to produce its effects:
- the Customer sends his wish for withdrawal by e-mail to the’address email@example.com or by mail to MOLITOR 13 rue Nungesser et Coli, 75016 Paris, in thelai prevu to l’article 4.4.1 (postmark being taken as proof for postal items).
4.4.3. An email confirming receipt of the wish from rwithdrawal is sent to the Client, without prejudice to its possible ineffectiveness in cases whereù the conditions’exercise referred to Articles 4.4.1 and 4.4.2, and the re-shipment of the Products subject to the withdrawal referred to in Articles 4.4.4 and 4.4.5 would not be respectedes.
4.4.4. In case of’exercise of the right of withdrawal as provided for in’Article 4.4.1 and under the conditions provided for in’article 4.4.2, the Customer must reship, by post, the Products subject to the right of withdrawal, the costs and risks of reshipment being the responsibility of the Customer, to: MOLITOR, 13 rue Nungesser et Coli, 75016 Paris:
- in their condition d’origin (not damaged, damaged or soiled),
- accompanied by all their accessories, the purchase invoice and the return slip,
- With l’packaging in good conditionstate (no dexpired, or not damaged),
- perfectly protected,
without delay, dès l’exercise of the right of withdrawal and within a maximum period of 14 days following the’exercise of his right to renegotiation.
4.4.5. The postmark of the return of the Products by the Customer as indicated in’Article 4.4.4. prevail.
4.4.6. In case of’exercise of the right of withdrawal by the Customer under the conditions of this article 4.4, the sale price including VAT (including delivery costs, except for additional costs arising from the fact that the Customer has chosen a delivery method other than the less expensive mode offered on the Website) will be reimbursed by transfer to the credit of the account used to pay for the Order within a maximum period of 14 days from receipt of the Products by MOLITOR or until the Customer has provided proof of shipment of the Products concerned, the date selected being that of the first of these facts .
4.4.7. In any event, the’exercise of the right of withdrawal by the Customer may not have the effect or allow him to claim s’free from’application of the conditions provided for in terms of receipt of delivery provided for in’article 6.4. L’exercise of the right of withdrawal s’hears d’an implementation in accordance with what the law confers on the Customer with regard to the online sales contract but not to denounce a possibly defective delivery. In addition, the responsibility of the Customer who exercises his right of withdrawal may be engaged with regard to the depreciation of the Product concerned resulting from manipulations other than those necessary to establish its nature, its characteristics and its proper functioning.
4.5. Availabilityé Products:
4.5.1. The Products offered on the Website constitute the’offers such Products within the limits of available stocks.
4.5.2. In L’hypothèse où, during the Order process, a Product would not be available in stock or in any case not in the quantity or according to the options desired by the Customer (size, color, etc.), a message’unavailabilitys’displays and the Order cannot be finalized s’relating to the unavailable Product (s).
4.5.3. In L’hypothèse où, at the’resulting from the Order process and at the time of its processing by MOLITOR, it must be’prove that the Product (s) ordered n’is (are) no longer available in stock, a message’warning is sent to the Customer at the’e-mail address’he informed during the Order process offering him, within 30 days from the payment received, either to exchange it with a similar Product at a similar price, or to reimburse it. In this case, it is up to the Customer to communicate his choice by reply to the e-mail which will have been sent to him for this purpose. If the Customer does not reply to the e-mail d’warning within 30 days of payment to express his choice, he will then be refunded’office, by crediting the payment issuance bank account, up to the amount of the unavailable Product (delivery costs included in the event that the unavailability concerns the entire Order).
ARTICLE 5 - PRICES / PRICES / PAYMENT
5.1. The prices of the Products are indicated before and during the Ordering process as indicated in the’article 4.2.5. The prices are valid in real time and s’display dès consultation d’a Product by the Customer on the Website. The price of the Products ordered necessarily appears under the’display "Number of’items in my basket ”.
5.2. Product prices are subject to value added tax (VAT) and are displayed in the amount including VAT at the rate in effect at the time of the Order, in Euros, and are only valid’at the time of the Order on the Website. MOLITOR may organize various promotional operations, in particular in the form of announcements of price reductions. Price reductions are established in relation to reference prices which generally correspond to the prices offered to current customers outside the reduction period considered.
5.3. All Orders, regardless of their geographical origin, are payable in Euros as specified during the Order process, any exchange costs payable byès of l’banking organization of the Client remaining the responsibility of the latter.
5.4. Delivery rates are indicated during the Order process as specified in the’Article 4.2.5 and 6.3.4. In L’hypothèse où several rates are available for delivery, they are displayed during the Order process in step 3 such as’indicated in 188.8.131.52.
5.5. The price of the Order, i.e. the price of the Products and their delivery, is communicated on the Website during the Order process. The price of the Order including tax is indicated to the Customer before confirmation of his Order and before payment. The price of the Order is also confirmed in the Order Confirmation email sent to the Customer as indicated in’article 4.3.3 and on the invoice as indicated in’article 6.3.9.
5.6. No discount or discount will be made by MOLITOR for online payment prior to the envisaged delivery dates and conditions appearing in these General Conditions.Sales rales.
5.7. MOLITOR reserves the right to modify the prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of placing the Orders.
5.8. If an incorrect price is displayed during the Order process, for whatever reason (computer bug, manual entry error, technical incident), the Order (even the one that made the’object of’a registration under the conditions of the’article 4.3.3) will be canceled dès the discovery by MOLITOR of the’incident. In this case, the Customer will be informed by the’sending’an email to the’address’he provided information during the Order process or when he created his Customer account. A l’from the’sending this message to’information, the Customer may’he wishes to re-place his Order at the corrected and exact price.
5.9. The price of the Order is payable upon finalizing the Order process as indicated in’Article 184.108.40.206. The Products remain the property of MOLITOR until’full payment of the Order by the Customer.
5.10. Payment of the price of the Order by the Customer takes place under the conditions set out in’Article 220.127.116.11.
5.11. When paying by bank card, the Customer can check from his browser that the communication of bank data is’performs in a secure area. For the security of the payment, it is recommended that the Customer’ensure that s’displays on the page for entering bank details, the Stripe logo, this partner verifying that the connection with the Client's browser is secure before’sending his dataes.
5.12. The Stripe service provider responsible for securing online payments by credit card, verifies the validity of the Customer's payment card. There may be a refusal of the payment card for various reasons such as stolen card, blocked card, limit reached, entry error, etc. In the event of difficulty or’prevention, the Client must’on the one hand, get closer to your bank to identify its origin,’on the other hand, may contact MOLITOR to notify the’impossibilityé to proceed to the payment of his Order.
ARTICLE 6 - DELIVERY
6.1. ModalityDelivery dates:
6.1.1. The delivery of the ordered Products takes place under the conditions chosen and validated by the Customer during the Order process as stated in the’Article 18.104.22.168.
6.1.2. Depending on the destination, delivery is offered during the Order process thanks to the services of the following service providers:
- So Colissimo France and International (La Poste) ;
6.1.3. Delivery of Order n’is possible that within the limits of the territories served by the providers referred to in’article 6.1.2.
6.1.4. Delivery is made to the’delivery address provided by the Customer during his Order process. The information provided by the Customer is binding on the latter. In the event of an error on his part in the wording of his contact details or the place of delivery, resulting in the loss of the Products or the incorporation of new delivery costs, the Customer remains responsible for the payment of said lost Products or any additional costs incurred. by this error.
6.2. Shipping cost :
6.2.1. Delivery costs are the responsibility of the Customer and are invoiced in addition to the sale price of the Products.
6.2.2. Delivery costs are communicated to the Customer on the Order summary in Step 1 of the Order process, in Step 3 according to the delivery options subscribed by the Customer, and in any case before the validation of his Order by the Customer. to the’resulting from the Order process, and are expressed inclusive of all taxes.
6.2.3. Customs and other charges in the country of’arrivedare the responsibility of the recipient. When you order Products from the Website for delivery outside of the’European Union, you may be subject to obligations and taxes on the’import that are collected when the Order arrives at its destination. All customs clearance costs will be your sole responsibility; we N’have no control over these charges. Customs policiesères strongly varying d’country to country, so you need to contact the local customs for more’information. In addition, due to the special tax status of the DROM-COM, deliveries from metropolitan France to the DROM-COM are also subject to taxes on the’import.
Also, please note that when you place an order on the Website, you areyour considerationsere like l’official importer of the Products and you must comply with all laws and regulations.èregulations of the countries in which you receive the Products.
Finally, the protection of privacy being important for MOLITOR, we draw your attention to the fact that cross-border deliveriesères are likely to be opened and inspected by customs authoritiesères.
6.3. Delivery delay :
6.3.1. The delivery times indicated below are those generally observed for the shipping services likely to be offered during the Ordering process according to the different options, it being clearly specified that these times are given only as an indication and cannot be be binding vis-à-vis MOLITOR:
- So Colissimo: 48h at 96h for France
- So Colissimo : dvariable timing for the’International. It being specified that the delivery times to the’international are a maximum of 30 days within the limits of the territories referred to in’article 6.1.3.
6.3.2. Delivery times are counted from the date of receipt of payment for the price of the Order, only concern working days and do not include Saturdays, Sundays and public holidays.s.
6.3.3. For information, it is specified that Orders are generally shippeds in 48 hours afterès receipt and proper collection by MOLITOR of the Customer's payment.
6.3.4. Default and before l’arrivedée to the process of determination by the Customer of his choice concerning the terms and delivery times as described in’article 22.214.171.124., the summary of the Order as described in’article 126.96.36.199 proposes by default a transport tariff corresponding to a standard shipping method offered by the La Poste service provider "Colissimo followed, delivered without signature". It is always possible for the Customer to modify the choice and the terms of delivery and transport which suit him under the conditions of the’article 188.8.131.52 before the validation of his Order. In addition, if the Customer wishes the parcel to be delivered against signature, he can subscribe to this service directly during Stage 3 as indicated in article 184.108.40.206, at the additional pricing conditions indicated by the service provider on his interface integrated into the Order process during Step 3.
6.3.5. Whatever the shipping method chosen, MOLITOR will communicate in the Order Confirmation email as provided in the’article 4.3.3 a link to follow the progress of the delivery of the Order online.
6.3.6. Shipping costs include packaging, handling and postage. MOLITOR advises its Customers to group their purchases into a single Order. The functionalities of Online Ordering from the Website do not allow two separate Orders to be grouped together so that the Customer would then be required to’pay shipping costs for each of them.
6.3.7. The package relating to the Order is sent to the Customer subject to the responsibility of the transport and delivery provider, special care is taken for packages containing fragile Products.
6.3.8. MOLITOR cannot be held responsible for the consequences due to a delay in delivery on the part of the carrier selected by the Customer resulting from’an unforeseeable and irresistible fact.
6.3.9. Each Order shipment is accompanied by the invoice corresponding to the Customer's Order.
6.4. Delivery receipt:
6.4.1. The Customer is required to check the conformity of the Products received in execution of his Order at the time of delivery. On this occasion, the Customer must check any obviously damaged or damaged package.rioré and d’refuse to accept it. Any anomaly concerning the delivery such as:
- Damaged package,
- Missing products,
- Summer productsriorés,
- Products not in accordance with the Order,
will have to bebe notifiedwithin 48 hours of receipt of the Order from the Website Customer Service under the conditions of the’article 4.2.6. After this 48 hour period, and except for hidden defect, no complaint will be accepted by MOLITOR, the Products sent by MOLITOR to the Customer then being considered as compliant.
6.4.2. In any case, damaged or incomplete items will not be taken back by MOLITOR and will be returned to the Customer as is.’hypothèse où they would be sent back to MOLITOR by the Customer.
6.4.3. Packages returned to MOLITOR or to the carrier chosen by the Customer during his Order process, due to’a fault’recipient identification or faulty’identification of the Order concerned can be returned to the Customer, provided
- that the Customer manifests himselfès of MOLITOR under the conditions of’article 4.2.6,
- that the package s’avère identifiable,
- that the package is actually returned to MOLITOR or in the hands of said carrier,
- that the Customer takes charge of this second shipment of the package.
6.4.4. Without prejudice to the implementation by the Customer of his legal rightgal of rextractation under the conditions provided for in’article 4.4, perfumes and Beauty Products will not be exchanged or refundeds.
6.4.5. Without prejudice to the implementation by the Customer of his legal rightgal of rextractation under the conditions provided for in’article 4.4, Products on promotion will not be exchanged or refundeds.
6.4.6. Without prejudice to the implementation by the Customer of his legal rightgal of rextractation under the conditions provided for in’article 4.4, unpacked Electronic Products will not be exchanged or refundeds.
6.4.7. Subject to the above conditions, MOLITOR will reimburse the amount including tax of the price (s) of the Product (s) excluding the delivery costs provided for in the Order and the costs of re-shipping the Products by the Customer. . The Customer's bank account as entered by him during the Order process as indicated in the’Article 220.127.116.11. will be credited with the said amount, within fourteen (14) days of receipt of the Products by MOLITOR.
In the event of non-compliance with the repayment deadline mentioned above, the amounts due will be increased by the following rates:
- Up to thirty (30) days late: ten percent (10%);
- Up to sixty (60) days late: twenty percent (20%);
Beyond: fifty percent (50%).
6.4.8. Return costs for a declared Product improper when the Order is placed, will be paid for by MOLITOR under the condition of an express request for this purpose made by the Customer under the conditions of the’Article 6.4.1 so that’a postage is sent to him at the expense of MOLITOR.
ARTICLE 7 - COMPLAINTS
7.1. For any complaint relating to an Order, the Customer can’send to MOLITOR,
- By e-mail under the heading under the’tab « contact» via the contact form under the conditions of the’article 4.2.6
- By email to the’firstname.lastname@example.org
7.2. It is also possible to contact MOLITOR for any request at the following coordinates:
MOLITOR 13 rue Nungesser et Coli, 75016 Paris
E-mail : email@example.com
Telephone: +33 (0) 1 56 07 08 50
ARTICLE 8 - RESPONSIBILITIES OF MOLITOR
8.1. In all cases MOLITOR cannot be held responsible in the event of non-completion of the Order and its lack of’registration, and in particular because of the Customer who’correctly place his Order under the conditions set out in these General Terms and Conditions of Sale and according to what is’displayed on the Customer's fixed or mobile computer terminal during the online Order process.
8.2. In addition, by connecting and ordering on the Website, the Customer recognizes and accepts the characteristics and limits of the Internet network, in particular with regard to technical performance, response times for consulting, querying or transferring information, risks. d’interruption, the risks associated with the connection,’lack of protection of certain data against possible misappropriation and risks of contamination by possible viruses circulating on the network. MOLITOR cannot be held responsible for malfunctions that may affect the Internet network and de facto the Website, or for any problem.èconfiguration or linked to a given terminal or browser. MOLITOR also does not guarantee that the Website will operate without interruption, or that’it does not contain d’computer error. Consequently, the responsibility of MOLITOR can not, in any case, be engaged directly or indirectly in the event of problems.ème d’routing or communication cuts, difficultys or impossibilityConnection or failure of the Website server. More particularèMOLITOR cannot be held responsible for any damage, material or immaterialriel causé to Customers, their IT equipment and the data stored therein, and the consequences that may result therefrom on their personal, professional or commercial activity. In all cases MOLITOR cannot be held responsible in the event of’absence of delivery of a registered Order due to the Customer not filling in the information relating to the’delivery address or’identification of the recipient according to the conditions set out in these General Terms and Conditions of Sale and according to what is’displayed on the Customer's fixed or mobile computer terminal during the online Order process.
8.3. In all cases of force majeure and in particular due to the unforeseeable and irresistible carrier, MOLITOR cannot be held responsible in the event of’no recorded Order deliverye. L’performance of MOLITOR's obligations is suspended in the event of the occurrence of’a fortuitous event or force majeure which would prevent the’execution: MOLITOR will notify the Clientès as possible.
More generally, MOLITOR cannot be held responsible for the non-performance or improper performance of the Order in the event of force majeure, due to a third party, to the Customer or to its business partners.
8.4. MOLITOR s’strives to ensure that the photographs and descriptions of the Products give as accurate an overview as possible of the Products offered for sale online on the Website. However, the photographs are not contractual, so the Customer can not claim any claim of this fact, dès when these differences between the photograph on the Website representing the Product and the Product itself do not relate to the essential characteristics of the Product which are’avèfurthermore be falsely or incorrectly represented on the Website.
8.5. MOLITOR n’will incur no liability for all indirect and / or immaterial damages, in particular, loss of profit, loss of’exploitation, moral damage resulting from’a lack of full or partial delivery or full or partial conformity of the Products ordereds.
8.6. Hypertext links on the Website may refer to sites other than the Website, https://molitor-mltr.myshopify.com/ used for the online Order of Products from MOLITOR, which’he s’act as sites dedicated to the services offered by MOLITOR or from third-party or partner companies.
8.7. In any event, MOLITOR cannot bebe consideredacted as the producer of the Products whose sale is offered on the Website within the meaning of articles 1245 and following of the French Civil Code, the latter being solely and solely responsible for the damage caused by a defect of its Product, whether or not it is bound by a contract with the victim. In the event of an ordered Product delivered that is’avèwould be defective, it is the Customer's responsibility to notify MOLITOR of this fact using the contact details in the preliminary article by registered letter with acknowledgment from rreceipt, in order to allow MOLITOR to appoint its own supplier or the producer, within three months from the date on which the victim's request was notified to hime.
ARTICLE 9 – Guarantees
Customers having the status of consumers are informed that all Products, tangible movable property, sold on the Website benefit from the legal guarantee of conformity and the legal guarantee against hidden defects under the conditions of articles L.217-4 and following. of the Consumer Code and 1641 of the Civil Code as well as, where applicable, the manufacturer's contractual guarantee incorporated into the purchase price of the Product.
When acting as a legal guarantee of conformity, Customers:- benefit from a period of 2 years from the delivery of the Product to act;
- can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
- are exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of a new Product and the 6 months following the delivery of a used Product.
In addition, it is also recalled that:
- The legal guarantee of conformity applies regardless of any commercial guarantee granted;
- Customers can decide to implement the guarantee against hidden defects of the item sold provided for in article 1641 of the Civil Code and can thus choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Legal guarantee of conformity (content): « Article L.217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility..
Article L.217-5 of the Consumer Code: The goods comply with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L.217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L.217-10 of the Consumer Code: If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same faculty is open to him:
1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use he seeks.
The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
Article L.217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.»
Guarantee of hidden defects of the thing sold (content): « Article 1641 of the Civil Code: The seller is bound by the guarantee for the hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given a lower price, if he had known them.
Article 1642 of the Civil Code: The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned.
Article 1646 of the Civil Code: If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. »
Terms of exercise of guarantees: In the event of non-compliance or hidden defect of the Product, the Customer is required to address his complaint to MOLITOR customer service in accordance with what is specified in article 7. In the event of a return, the Products must be if possible returned in their original packaging and accompanied by all their accessories, the purchase invoice, the return slip issued by MOLITOR on the Website or by email, perfectly protected and sent by post, at the risk and peril of the Customer at MOLITOR. Depending on the evidence provided by the Customer to MOLITOR customer service within the framework of the exercise of one of these guarantees, MOLITOR may issue a prepaid voucher which will allow the Customer to return the Product without having to bear the costs. The exercise of these guarantees takes place at no cost to the Customer, in accordance with Article L.217-11 of the Consumer Code, on the condition, however, that the latter is justified in requesting the benefit of these guarantees.
Commercial guarantee: The commercial guarantee means any contractual commitment of a professional towards a consumer for the reimbursement of the purchase price, the replacement or the repair of the good, in addition to its legal obligations aimed at guarantee the conformity of the good. Where they exist, these commercial guarantees are only granted by the manufacturers and notified to Customers directly on the description of the Product concerned.
ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS
The brands, domain names, Products, software, images, videos, texts or more generally any information used by MOLITOR or which appear on the Website and in MOLITOR's communications, whether or not they are protected by property rights intellectual property, are and remain the exclusive property of MOLITOR or its partners (suppliers, etc.). No assignment of intellectual property rights’is carried out through these General Conditions of Sale. Any total or partial reproduction, modification or use of these elements for any reason whatsoever is strictly prohibited.
ARTICLE 11 - COMPUTING, FREEDOM AND PRIVACY, PERSONAL DATA, RIGHT TO L’PICTURE
11.1. The Customer is informed that the’all the personal data collected during the Order process will’object of’automated processing for which the controller is MOLITOR whose full contact detailsèappear in the preliminary article of these General ConditionsSales rales.
11.2. The information containing personal data which is requested from the Customer during the Order process on the Website, is intended to be communicated by the latter, and is necessary for the processing of his Order by MOLITOR.
11.3. The recipients of the personal data collected during the Order process are:
- The online payment provider within the limit of what is necessary for the needs of the implementation of articles 18.104.22.168., 5.10 to 5.12 of these General Conditions of Sale;
11.4. The finalityé the processing of this personal data meets the following purposes in order in particular to enable MOLITOR to:
- process the Order;
- proceed to’registration of the Order;
- fulfill its obligations towards the Client,
These data will be kept for three (3) years from the lastère activity of the Client on the Website.
Beyond the period mentioned above, the data will be kept in anonymous form, for exclusively statistical purposes and will not give rise to any exploitation of any kind.
11.5. In accordance with rèEuropean regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal dataère personal and free circulation of such data, as well as’to the provisions of law n°78-17 of January 6, 1978 relating to the’IT, files and freedoms, such as the latterera a summer modifiedlast completed and supplemented by the law known as Informatique et Libertés n° 2018-493 of June 20, 2018 promulgated on June 21, 2018, each Customer has a right of accessès, rectification, d’opposition, portability and deletion with regard to information concerning him, in s’sending to MOLITOR by email: firstname.lastname@example.org.
11.6. The Customer is informed, on each of the data collection forms to characterizeère personal, and more particularlyèrement for those who’display during the Order process or creation of a customer account, the characterère mandatory or optional fields to completer, respectively, by the presence or l’absence of’an asterisk. In case of’no communication d’one or more data indicated as mandatory during the online Order process, the Customer's Order cannot be completed or taken into account in any wayère whatever.
11.7. In particular when paying online involving the communication of the Customer's bank details for the purposes of payment as stated in the’article 22.214.171.124, these bank details will not be in the possession of MOLITOR, but must nevertheless be communicated for the’execution of the sales contract by the Customer with regard to his obligation to pay the price. In any event, the Customer consents to this transfer for the’execution of the sales contract resulting from the Confirmation of its Order withès of MOLITOR. In accordance with the provisions of articles 5.10 to 5.12, the payment provider Stripe, s’is committed to MOLITOR to take all security measures and respect for data confidentiality for said transfers of this dataes.
11.8. The Website does not ginère no cookies dissued to the Order made by the Customer for the Products offered for sale on the Website. However, the browser used by the Customer for the needs of the’accesss and l’Completion of the online ordering process is likely to generate cookies with a maximum duration of 13 months which will participate in particular:
- to facilitate the recognition of the Customer from, where applicable, the terminal from which the Order is made,
- to allow tracing of the progress of its Order process, in particular in order to allow it to go backère during this process,
- to allow the collection of anonymized statistical and technical data on the progress and progress of the Order process followed by the Customer, which may be communicated to MOLITOR identified at the beginning of these presents, for the purposes of modification and’technical and ergonomic improvement of the online ordering process and the’corresponding interface.
In all cases, it is up to the User Client to’a terminal from which he makes his Online Order to determine the extent to which he wishes to neutralize or authorize the cookies generated by his browser used during the online Order process by configuring the options of his browser according to the recommendations of the CNIL available here : https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser, without MOLITOR's liability being sought in this regard. When a Customer chooses to block the installation of cookies, it is likely that they will no longer be able to access certain terms of the Website.
ARTICLE 12 - MISCELLANEOUS
12.1. These General Conditions of Sale are governed by French law with the exclusion, where applicable, of the Vienna Convention on the International Sale of Goods.
12.2. In theeventualityé où l’any of the provisions of these General Conditions of Sale would beclarnull or ineffective, in any way and for any reason whatsoever, it would be deemede no written and n’would not invalidate the other provisions.
12.3. Any disputes that may arise between the parties to the’occasion of the’interpretation and / or’execution of these General Conditions of Sale will be subject, failing’amicable agreement at the compexclusive jurisdiction of the competent court within the jurisdiction of the Court of’Call from Paris, to the’exception of disputes concerning non-commercial persons and for whom the rèlegal rules d’attribution of material competence’apply.
12.4. In the event that a dispute between MOLITOR and a consumer Client could not have been resolved beforehand directly between the parties, the Client is informed that he has the right to have recourse free of charge to a consumer mediator with a view to resolution. amicable of its dispute, after having read the information published on the website of the e-commerce mediator (FEVAD 60 rue de la Boetie, 75008 Paris) and completed the online form. The Customer can also attempt to resolve his dispute through the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/.