Updated on 1 December 2021
1. APPLICATION OF THE GENERAL CONDITIONS OF SALE
1.1. Scope: These Terms and Conditions of Sale (hereinafter the "Terms") govern, without any restriction or reservation, all sales of products (hereinafter the "Products") concluded on the merchant website available at the following URL address: https://mouratoglou-shop.com (hereinafter the "Website"), between Mouratoglou Merchandise, a simplified joint stock company with a single shareholder and a capital of €5,000, registered in the Antibes Trade and Companies Register, under number 900 011 644, with its registered office located at 3550 route des Dolines, 06410, Biot, France, phone [+33(0)483881430], email address email@example.com, VAT FR 77900011644 (hereinafter "MM") and any consumer within the meaning of French law and jurisprudence (hereinafter the "Customer").
These Terms are written in French. The language of the Terms depends on the country where the Website is hosted and where the Customer orders the Products.
1.2. Acceptance of the Terms: These Terms can be accessed by the Customer and in general by any Internet user directly by clicking on the link "Terms of Sales" on all pages of the Website. Any order or pre-order made by the Customer is subject to the Customer's prior and unreserved reading and acceptance of the Terms by ticking the box "By ticking this box, I accept the Terms of Sale". The order or pre-order of Products by the Customer thus implies the Customer's full and unreserved acceptance of the Terms. No special conditions may prevail over these Terms.
1.3. Modification of the Terms: MM reserves the right to unilaterally adjust or modify these Terms at any time and without notice. The version of the Terms applicable to the sale of Products is the one in force at the date the order or the pre-order of Products is placed by the Customer.
2. PRODUCT DESCRIPTION
MM offers the Customer the opportunity to purchase clothing, bags and sports accessories of the Mouratoglou brand. MM undertakes to supply the Customer with the Products in accordance with the offers as presented on the Website and accepted by the Customer.
MM reserves the right to change the Products available for sale on the Website at any time and without prior notice, without affecting orders or pre-orders already placed.
3. PRODUCT PRICES
The prices of the Products invoiced are those shown on the Website at the time of checkout or confirmation of pre-order by the Customer. The prices are indicated in Euro including all taxes (VAT included). The prices of the Products do not constitute binding offers to MM beyond the date on which the order or pre-order was placed. MM reserves the right to change its prices at any time without notice.
4. ORDERING, PRE-ORDERING AND PAYMENT OF PRODUCTS
4.1. Legal age: The Customer who places an order or a pre-order on the Website must be an adult or an emancipated natural person, and have legal capacity. The order or pre-order may be placed by the Customer in his/her own name and on his/her behalf, in the name and on behalf of a third party of legal age or a minor third party with the agreement of his/her legal representatives.
4.2. Consumer: The Customer who places an order or a pre-order on the Website may only do so for strictly personal purposes and not for any commercial activity, thus excluding any resellers or intermediaries acting in the name and on behalf of resellers. Therefore, the Customer confirms that he/she is acting as a consumer and does not intend to resell the Products for commercial purposes.
4.3. Placing an order and pre-ordering online: To order a Product, the Customer must choose a Product directly on the home page of the Website or through the tabs accessible via the drop-down menu. The Customer may select Products that are currently in stock or decide to pre-order Products. Pre-orders allow the Customer to order a selection of Products before their commercial launch or release.
The Customer selects a Product in stock by clicking on "Add to cart". When placing an order, the Customer is informed of the availability of the Products or, in the event of temporary unavailability, of the possibility of pre-ordering them for subsequent delivery within the time limits specified on that occasion. Products available for pre-order are clearly defined and identified on the Website by the words "Pre-order" instead of the words "Add to cart".
The Customer must confirm his/her choice in the "My bag" tab by clicking on "order" (1st click) and is invited to either (i) create a user account (hereinafter "User Account") by entering the following information: email address, surname, first name, password, telephone number, nationality, date of birth, or (ii) enter his/her email address and password in order to access his/her User Account, which was previously created via the "My Account" tab appearing on the Website's home page.
The Customer must then fill in information relating to the method of delivery and the place of delivery, as well as the method of payment and the billing address. The Customer is then redirected to another page where he/she is invited to enter his/her payment details. To place the order or pre-order and pay the price of the Product, the Customer must click on "VALIDATE AND PAY" (2nd click).
The Customer must check the accuracy of the order before confirming the order or pre-order. By clicking on "VALIDATE AND PAY", the Customer places a binding order or pre-order for the Products in the cart.
4.4. User Account: The Customer will have a User Account on the Website allowing him/her to order the Products available on the Website or his/her pre-order. The User Account can be accessed by inserting his/her email address and the password chosen by the Customer. For more information on the User Account, the Customer can consult the Terms and Conditions of Use [link].
4.5. Product Prices: The Product Prices are indicated in euros and are inclusive of all taxes, excluding delivery costs, the latter being displayed separately before the order or pre-order is placed.
Notwithstanding orders or pre-orders already placed by the Customer, MM reserves the right to change the Product Prices at any time and without notice.
4.6. Payment of the Products: The Products are payable in euros, in full at the time of the order or pre-order.
Payment for the Products can be made by Visa, Master Card, American Express or Paypal via the secure Stripe payment interface, in order to protect all payment data as effectively as possible. The secure interface is entirely responsible for the security of this system and liability cannot be imputed to MM. At no time will the Customer's payment details be transferred to a third party. The Customer expressly acknowledges that the communication of his/her bank card number on the secure payment interface is an authorization to debit his/her bank account up to the amount of the invoiced price.
5. CONFIRMATION - MODIFICATION AND CANCELLATION OF ORDERS OR PRE-ORDERS
5.1. Confirmation of order or pre-order: Following payment by the Customer on the Website, MM will send the Customer an order confirmation email summarizing the Products ordered, the price of the Products, MM's contact details, including the Terms and Conditions of Sale applicable at the time of sale.
5.2. Modification of the order or pre-order by the Customer: MM will not accept any changes to the order unless MM agrees to such changes on a case-by-case basis.
5.3. Cancellation of the order or pre-order by MM: In the event of a rejected credit card payment authorization by the Customer's bank or any other payment incident, the order for Products will be canceled by MM, unless the Customer immediately provides MM with another means of payment accepted by MM.
MM will also reserve the right to cancel an order (i) that is fraudulent or abnormal, (ii) that is placed by a Customer with whom there is a dispute regarding the payment or delivery of a previous order or pre-order, or (iii) that does not comply with these Terms. In this case, MM will inform the Customer either directly on the Website or by email.
Orders will be fulfilled subject to the availability of the Products. If, despite MM's best efforts, the Products ordered are no longer available, the Customer will be informed as soon as possible by email to the email address indicated by the Customer when placing the order on the Website, the order will be canceled and the Customer will be refunded. The Customer may choose another Product or cancel the order and be refunded without delay.
6. PRODUCT DELIVERY
6.1. Delivery method: When ordering or pre-ordering, the Customer can choose to be delivered (i) directly to the address indicated by him/her or (ii) to a delivery point.
6.2. Delivery countries: Products are available for delivery in the countries indicated on the Website at the time of choosing delivery.
6.3. Delivery times: The Products will be delivered, subject to full payment of the price, either:
- For Products ordered and in stock: within the time limits indicated on the Website, which starts upon receipt of the order confirmation email. If not mentioned on the Website, MM will deliver the Products without undue delay and at the latest 30 days after the order;
- For pre-ordered Products: within the times estimated on the Website, given that these times are indicative as the Products are not in stock.
In the event of a delay in shipment or delivery known to MM, the Customer will be informed by email as soon as possible and a new shipment or delivery date will be suggested. Additionally, the Customer is strongly encouraged to report any delay in delivery to MM as soon as possible by post or email to the contact details set out in Article 13 below. MM will then investigate with the relevant carrier to locate the package. The Customer may in any event cancel the order or the pre-order if delivery has not taken place by the date initially indicated and provided that the delay is not due to the Customer's fault (incorrect delivery information provided by the Customer at the time of the order or pre-order). In such an event, MM will refund the sums paid by the Customer for the order or pre-order, at the latest within 14 days of the date on which the order or pre-order was canceled.
6.4. Delivery costs: Delivery costs are indicated on the Website when placing the order or pre-order and are to be paid by the Customer in addition to the price of the Products.
6.5. Receipt: Each delivery is deemed to have been made when the carrier makes the Products available to the Customer or to a third party designated by the Customer, as evidenced by the control system used by the carrier. No claim relating to the delivery itself can be filed if the parcel appears to have been delivered, as the carrier's computer system is the proof.
The Customer is responsible for checking the condition of the packaging and the Products upon delivery and for ensuring that the delivery complies with the order or the pre-order.
It is the Customer's responsibility to make any reservations and claims he/she deems necessary, or even to refuse the parcel, if the parcel has been opened or clearly damaged when delivered. If the package is damaged when delivered, the Customer must check the condition of the Products in the presence of the carrier before signing the delivery note and indicate precisely on the carrier's delivery note any reservations in case of missing or damaged Products.
If this is not possible, the Customer is invited to indicate on the delivery note "subject to verification of the goods in view of the poor condition of the package" and to describe the damage.
7. WITHDRAWAL PERIOD AND PROCESS
In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of 14 days from the date of receipt of the package containing the Products ordered to exercise his/her legal right of withdrawal without having to justify the decision.
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders relating to the supply of goods manufactured at the request of the Customer, which have been unsealed after delivery or which cannot be returned for hygienic reasons.
The Customer exercising his/her right of withdrawal under the conditions provided for in this article in terms of the time and terms for returning the Products, may obtain a refund of the returned Products as well as the delivery costs (according to the cheapest delivery method), in accordance with article L. 221-24 of the Consumer Code. As delivery costs are fixed, they will only be reimbursed in the event that all of the Products subject to the Order are returned.
The Customer must bear the cost of returning the goods when deciding to exercise his/her right of withdrawal.
Prior to any return of ordered Products, the Customer must notify MM of his/her intention to withdrawing in order to receive a tag for returning the Products.
To do so, the Customer must log into his/her User Account and select the Products to be returned by clicking on "Details" in the "My Orders" tab of the User Account. After selecting the Products to be returned and filling in the form, the Customer will receive an email to confirm the possibility to return the products and print the return tag.
The return tag will then also be available and printable by clicking on "Print out" in the "Product Returns" tab available on the User Account.
A withdrawal form, available as an annex to these Terms, is also available for any withdrawal request.
The Products must be returned in their original packaging, complete and new within 14 days from the date on which the Customer has informed MM of his/her intention to withdraw, together with his/her order number and full identity, by post or email to the contact details in Article 13 below. Returns of products sent back after this period will not be accepted.
Should the Customer withdraw from the order, MM will refund the price of the returned Products, including the delivery costs (except for additional costs resulting from the Customer's choice of a delivery method other than the standard delivery offered), within a reasonable period of time and in any event no later than 14 days from the date on which MM has received the returned Products or from the date on which the Customer has provided MM with proof of dispatch, whichever is earlier.
MM will make this refund using the same payment method that was used by the Customer for the original transaction. In any case, the Customer will not bear any costs as a result of this refund.
The Customer benefits from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force.
Within the framework of the legal guarantee of conformity, the Customer :
- has a period of two years from the delivery of the goods to make a claim;
- the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in the French Consumer Code;
- is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the goods.
The consumer may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code and that in this case, he/she may choose between rescission of the sale or a reduced sale price in accordance with Article 1644 of the French Civil Code.
Information on all Products offered for distance selling is available in all Mouratoglou shops, on the Website or via customer service.
The photographs, graphics and descriptions of the Products offered for sale are indicative only and not binding for MM. The Customer may obtain additional information by contacting customer service or the Mouratoglou shops. While genuine efforts are made to ensure that the color and design of the Products displayed on the Website are true to the original Products, variations may occur, particularly due to the technical limitations of rendering colors on your computer equipment. Accordingly, MM will not be liable for any non-substantive errors or inaccuracies in the photographs or graphical representations of the Products on the Website.
MM is only subject to a best effort obligation for all steps associated with accessing and ordering on the Website. The liability of MM is expressly excluded, which is acknowledged by the Customer, for any inconvenience or damage inherent in the use of the Internet.
The liability of MM is expressly excluded, which is acknowledged by the Customer, in case of (i) improper use of the Products or non-compliance with the recommendations for use, (ii) indirect, consequential or immaterial damage resulting from the use of the Products, or (iii) force majeure within the meaning of Article 1218 of the French Civil Code and the applicable case law.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The brands, logos, documents, studies, domain names, images, videos, texts, know-how and more generally any other information subject to intellectual property rights in connection with the Products are and remain the exclusive property of MM. No transfer of intellectual property rights is made through these Terms. The Customer acknowledges and accepts in particular that the Products are subject to intellectual property rights.
10.2. The client may only mention or use the brands, logos, documents, program materials, methodologies, studies, domain names, images, videos, texts, know-how and any other intellectual property rights belonging to MM with the express, written and prior authorization of MM. In this respect, MM reserves the right to oppose, stop and seek compensation for any use of its intellectual property rights which it considers to be infringing, unfair, constitutive of acts of parasitism or contrary to its image or to rights it has granted.
11. PERSONAL DATA PROTECTION
12. RESOLUTION OF DISPUTES AND GOVERNING LAW
12.1. Amicable agreement: In the event of a dispute relating to the conclusion, validity, interpretation, execution, non-performance or termination of sales concluded in application of these GTCS, the Customer and MM must try to find an amicable solution before any action in justice or recourse to mediation, it being specified that this step does not interrupt the time limit for taking action. To do this, the Customer can contact MM using the address available in Article 13 of the T & Cs. If the Customer does not consider the final response from MM to be satisfactory, the Customer has the option of submitting a request for an amicable resolution by mediation, within a period of less than one year from his written complaint to MM, to all consumer disputes related to the Order, with SAS Médiation Solution, which has been appointed consumer mediator.
To approach the mediator, the Client must make his request either:
- In writing: SAS Médiation Solution, 222 chemin de la bergerie, 01800 Saint Jean de Niost. If you have any questions, the telephone number is: 04 82 53 93 06.
- By email: firstname.lastname@example.org
- By completing the online form "Enter the mediator" accessible on the mediator's website.
The conditions and documents to be provided to access this mediation are indicated on the mediator's website. In addition, the European Commission provides an out-of-court online dispute resolution platform (OS platform), accessible at https://ec.europa.eu/consumers/odr.
12.2. Applicable law and jurisdiction: All provisions contained in the Terms, as well as all purchase and sale operations referred to therein, will be subject to French law and to the competent courts in the absence of amicable agreement. This choice of law does not affect the Customer's right to benefit from the applicable consumer protection regulations in the Customer's country of residence.
13. CONTACT MM
The Customer can obtain information or ask questions to the customer service by:
- phone, using the following number: [+33(0)483881430]
- email, using the following address: email@example.com, or
- by postal mail, using the following address: Mouratoglou Merchandise, 3550 route des Dolines, 06410, Biot, FRANCE
(Please complete and return this form only if you wish to withdraw)
For Mouratoglou Merchandise - Customer Service - 3550 route des Dolines, 06410, Biot, FRANCE.
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper notification of this form):
(*) Delete as applicable.