Terms of Sale
- GENERAL TERMS AND CONDITIONS OF SALE [Date : 09/03/2023]
The present general terms and conditions of sale (the "General Terms and Conditions") govern the sale of "Moynat" brand products between Moynat Paris, a simplified joint stock company with a capital of €9,000,000 with its registered office at 348 rue Saint Honoré 75001 Paris and registered with the Paris Trade and Companies Register under number 501 729 511 (hereinafter " MOYNAT " or "We") and any customer (hereinafter "You") wishing to order and purchase our products through the English section of the Moynat.com website (hereinafter the “Website") for a delivery in in any country where MOYNAT offers international shipment as listed from time to time in the Website (hereinafter the “Territory"). Please note that the list of countries included in the Territory may be subject to changes, please verify the list before you wish to place to an order.
Only persons who (a) have reached the age of majority and (b) have the legal capacity to enter into contracts may place orders for MOYNAT products via the Website, following the instructions provided therein. We do not accept orders by email. All orders are subject to Order Confirmation by MOYNAT (in the form set forth below).
It is your responsibility to check that the information displayed in your cart accurately reflects your selection before submitting your order. After you submit your order (i.e., by clicking on the “Finish and pay" button as explained below), and provided payment has been confirmed, you will receive an acknowledgement email containing the main details of your order and your order details will be sent to MOYNAT for processing. This acknowledgement e-mail does not constitute acceptance of your order by MOYNAT. After your order has been processed by MOYNAT, we will send you an Order Confirmation (in the form set forth below). MOYNAT also reserves the right to require oral confirmation of orders from you. If we request oral confirmation of an order, you will have to give confirmation by telephone.
For certain products only, MOYNAT provides personalisation services (“Personalisation Services”) through the dedicated tool available on the Website (hereinafter the “Personalisation Tool”).
Where applicable, a specific mention “Personalise” appears alongside the MOYNAT product on the Website.
When you opt for such Personalisation Services regarding an eligible MOYNAT product (“Personalised Product(s)”), you are responsible for making sure that your personalisation details and all personal features selected are accurate. You are responsible for ensuring that all these details are correct before you order the Personalised Product.
We make every effort to ensure that the essential characteristics of the MOYNAT products available on the Website are described and photographed as accurately as possible, particularly with regard to the color, design and style of each MOYNAT product. Nevertheless, in the event of slight variations that may occur for technical or other reasons between the MOYNAT product photographed or graphically represented on the Website and the delivered MOYNAT product, MOYNAT cannot be held responsible for these variations, errors or inaccuracies.
As to Personalised Products, you understand and acknowledge that the Personalised Product displayed on the Website and the delivered Personalised Product may slightly differ in appearance in some respects as well.
If you have any questions about our MOYNAT products, you can contact our customer service by e-mail Onlinesales@Moynat.com, or by telephone by calling the number +33 6 37 10 32 64. Orders can only be placed for personal use, any commercial use is prohibited.
MOYNAT reserves the right to cancel any order for the following non-exhaustive hypotheses: (a) if one of your previous orders has been the subject of a dispute with MOYNAT; (b) if you, or MOYNAT has reasonable grounds to consider that you, (i) have violated these General Terms and Conditions ; (ii) are engaged in fraudulent or grey market activities; or (iii) are engaged in the resale of MOYNAT products through a channel not authorized by MOYNAT (or its affiliates); or (iv) refuse to provide any information that MOYNAT is required to collect by law; or if MOYNAT (c) believes that cancellation is necessary to comply with the law. Any prepayment will be refunded in the event of cancellation of the order by MOYNAT.
In order to place your order, you must select the MOYNAT product you wish to purchase, Personalise it with the Personalisation Tool if it is an eligible MOYNAT product and you wish to buy a Personalized Product, and click on the "Add to Cart" button. The selected MOYNAT products (standard product or Personalised Product) will then be included in the "Cart"; you will then be requested to fill in the order and delivery form.
Before accepting the General Terms and Conditions and submitting the order, you must check the accuracy of the information provided and make any necessary corrections.
The order is submitted when you click on the "Finish and pay" button. You will then access the payment interface where you can choose your payment method (see available methods/means in article 4 below) and proceed to paying your order.
After submitting your order and provided your payment went through, you will receive an automatic acknowledgement email from us acknowledging that we have received your order. Please note that receipt of this email does not mean that your order has been accepted and that the purchase is complete. Your submitted order constitutes an offer to purchase a MOYNAT product. When you submit your order, it will be sent to MOYNAT for processing. We will confirm acceptance of the order by sending you an e-mail confirming that the MOYNAT product has been dispatched and containing the relevant tracking number (the "Order Confirmation") as well as the estimated date of delivery.
The contract between us will only be formed in respect of the MOYNAT products (standard product or Personalised Product) which we have confirmed in the Order Confirmation. In this respect, we are unfortunately unable to modify or cancel an order once processed. If you wish to modify or cancel your order before the Order Confirmation is sent by MOYNAT, please get in touch with our client service team as soon as possible by telephone on +33 6 37 10 32 64 (Monday to Saturday 10 a.m. - 5 p.m.) or by e-mail at firstname.lastname@example.org. MOYNAT will do its best to accommodate your request, but the possibility to modify or cancel your order, once submitted by you, may depend on where we stand in the process of your order at the moment we receive your request, and whether the request concerns a standard product or Personalised Product. Of course, you may always exercise your right of withdrawal after receiving the MOYNAT product (except for Personalised Products) in the conditions set forth in article 8 below.
MOYNAT shall keep for its own records evidence of all transactions between MOYNAT and its customers. Download and archive for your own records these General Terms and Conditions and the Order Confirmation. In the event of a dispute between MOYNAT and one of its customers relating to a transaction carried out on the Website, the data recorded by MOYNAT shall be treated as proof of the details of the transaction.
MOYNAT reserves the right to modify the range of products offered on the Website at any time and without notice. MOYNAT will not be held responsible if a MOYNAT product is out of stock or unavailable for any other reason. In the event that a MOYNAT product (standard product or Personalised Product) you have ordered becomes unavailable after you received the acknowledgement email of your order, our client service team or the customer advisor will inform you by telephone or e-mail as soon as possible. You will be given the opportunity to choose another MOYNAT product or to cancel your order. If the order consists of more than one MOYNAT product, the client service team or customer advisor will reach out to you by telephone or e-mail to inform you of the part of the order that remains available and help you choose between cancelling the entire order or changing it. You will only be charged for the part of the order that is available and that you still wish to order. If you choose another MOYNAT product to replace the unavailable MOYNAT product, it will be treated as a separate order. Any cancelled order in the conditions above will trigger refund of the amounts you paid for the relevant order, using the same payment method as the one used for payment, within a maximum delay of fourteen (14) days from the cancelation date.
- PRICES AND PAYMENTS
The prices of MOYNAT products are indicated on the Website in the local currency considering the location you selected when you visit the Website. They include VAT.
MOYNAT reserves the right to modify the prices of the MOYNAT products offered on the Website at any time and without notice. The prices that will be invoiced to you by MOYNAT are those displayed on the Website at the time you place your order when you click on the “Finish and pay” button.
MOYNAT offers express shipment in the Territory, at no additional costs for you. If and when, at some point, MOYNAT proposes other delivery options, such options will be listed during the ordering process, together with the corresponding additional costs that you will be required to pay should you select one of those other delivery options, if any.
In addition, please note that, on top of the price of the MOYNAT products showing on the Website, and even in the case of express shipment offered by MOYNAT, placing an order on the Website may trigger certain import/custom duties and taxes (hereinafter the “Taxes and Duties") for an international delivery/shipment outside of the EU.
The Taxes and Duties do not depend on MOYNAT and are beyond our control, they are set by the custom authorities of your chosen destination country/location and depend on a number of factors such as (without limitation) the value of your order and local import taxes.
The Taxes and Duties are not included in the MOYNAT product prices (nor in the delivery costs, if any) and they must be paid by you upon receipt of your order, if and when asked by your local authorities.
However, MOYNAT may provide you with a prepayment option related to the Taxes and Duties. The prepayment option allows you to prepay the Taxes and Duties directly upon placing your order. In this respect, during the ordering process, and more precisely after you have indicated your destination and delivery country/ location in the delivery form as per articles 5 and 6 below, if the prepayment option is available, you will be able to consult the amount of prepaid Taxes and Duties that is applicable to your order. If you accept this amount and confirm the same by selecting the prepayment option, such amount will then be added to the MOYNAT product prices (and the delivery costs, if any)n and included in the total amount you are required to pay for your order. In such case, there will be no additional Taxes and Duties to pay by you upon receipt of your order.
The costs that you incur when using remote connection means when placing an order on the Website (cost of Internet access, telephone charges) remain at your expense.
For all orders placed on the Website, payment must be made immediately and in full after you place your order. The amount of your order will be blocked on your credit or debit card but this amount will not be debited until the Order Confirmation is sent by MOYNAT.
The means of payment accepted by MOYNAT are indicated on the Website, they may vary from one country to another and depending on your destination and delivery country/ location. You may not use credit notes or gift vouchers issued by the MOYNAT shops to purchase the MOYNAT products on the Website.
- PLACE OF DELIVERY
The MOYNAT products will be sent to the delivery address you will have indicated in the order and delivery form before placing your order, subject to the below.
The MOYNAT products ordered via the Website can only be delivered in the Territory. Please note that post office boxes and mailboxes cannot be used for the delivery of the MOYNAT products. Orders whose delivery address is not located in the Territory and/or whose delivery address is a post office box or mailbox will not be processed.
If you specify a hotel address as the delivery address for your order, please note that the delivery can only be made to the person you have specified in your order as the person authorized to receive it and that the MOYNAT products cannot be delivered to the hotel reception desk under any circumstances.
You are responsible for ensuring that the delivery address and person you indicate in the order and delivery form is accurate, exhaustive and contains all relevant information allowing delivery to occur. MOYNAT will not be liable if delivery is not possible, delayed or is made to the wrong address/person due to wrong or incomplete information provided to us. In such case, the MOYNAT products may be returned to MOYNAT and a new delivery will be at your costs. Also, in such case, a refund will not include the amount of Taxes and Duties you prepaid to MOYNAT, if any, for a delivery that could not be made because of wrong or incomplete information provided to us.
During the process of placing your order, and depending on the destination and delivery country/location you have indicated in the delivery form, MOYNAT will indicate (i)the estimated delivery time, (ii) the different available delivery options (and costs of the same), if any, and (iii) the availability of the Taxes and Duties prepayment option (and costs of the same), if any.
MOYNAT reserves the right to divide the MOYNAT products ordered into several packages and/or shipments and, in such case, the estimated time of delivery for each package may vary from one another.
Although MOYNAT cannot guarantee a delivery time, it provides the following general shipping guidelines:
- MOYNAT products (standard products) will generally be delivered within a maximum of ten (10) working days from the date of Order Confirmation.
- However, regarding Personalised Products, please note that they would generally be delivered within six (6) to eight (8) weeks from the date of Order Confirmation.
Subject to the terms of article 5 hereof for deliveries within a hotel (excluding reception desks), upon delivery, the delivery note must be signed and the package handed over by/to the person designated in the order and delivery form, who shall be a person of legal age of at least 18 years old.
You acknowledge that any person receiving the delivery of the MOYNAT products at the address given in your order is deemed to have done so with your authorization.
- DELIVERY PROBLEMS
Any failure to deliver or any delivery made after a maximum of ten (10) working days from the date of Order Confirmation (standard products) or after eight (8) weeks from the date of Order Confirmation (Personalised Products) or any discrepancy between the MOYNAT products ordered and those delivered must be reported as soon as possible to our client service team by telephone on +33 6 37 10 32 64 (Monday to Saturday 10 a.m. - 5 p.m.) or by e-mail at email@example.com.
However, please note that even if you have selected the Taxes and Duties prepayment option, customs clearance is completely beyond our control, as are any delays resulting from inspections by the customs authorities.
As only the recipient of the package can make an inquiry with the local customs authorities, for any details regarding the process and its due date, we kindly ask you to contact them directly using the tracking reference number provided in your Order Confirmation.
WITHDRAWAL – REFUND OR EXCHANGE AND RETURN OF PRODUCTS
A) You have the right to withdraw from your contract of sale of the MOYNAT products (standard products only) ordered on the Website, without having to give a reason to MOYNAT, within thirty (30) calendar days from the date you or any person designated or entitled by you, take possession of the MOYNAT products you ordered.
In the context of exercising your right of withdrawal, you may request a refund or an exchange. See points B and C below
Please note that Personalised Products are neither exchangeable nor refundable and are not subject to withdrawal, pursuant to provisions of point 3 of article L221-28 of the French Consumer Code. Sections B and C therefore do not apply to Personalised Products.
For any questions regarding your returns, please contact our client service team by telephone on +33 6 37 10 32 64 (Monday to Saturday 10 a.m. - 5 p.m.) or by e-mail at firstname.lastname@example.org.
B) For a withdrawal with refund, you must notify us in writing of your unambiguous intent to withdraw before the end of the period mentioned in point A) above. To do so, you can:
- click on the link included in your Order Confirmation to initiate return the procedure on the return online portal. At the end of the procedure, a prepaid return label will be sent to you on your email address. Follow the return steps set forth below;
- send an email to our client service team at email@example.com, including all the relevant information that will allow us to deal with your request. This information can be found in the withdrawal form which is included in appendix 1 below. You can also print and fill in this withdrawal form and send it to us by email at the above mentioned address if you wish to do so. When we receive your email, we will process it and send you the link mentioned above, allowing you to initiate the return and obtain a prepaid return label¸ Follow the return steps set forth below.
You must then follow the return steps below:
- Pack the items you wish to return in their original packaging. Items must be returned unused in their original condition (dust bag, labels, stickers intact with the item) and be accompanied by the original invoice.
Print the prepaid return label and place it securely outside your package. If you are reusing and existing package, please be sure to remove or cover the labels from previous shipments.
- The return online portal accessible through the link sent to you to initiate the return, will provide you with all applicable information on how and where to drop your package or arrange for a pick-up.
MOYNAT products should be returned within a maximum delay of fourteen (14) days from the date you informed us of your intent to withdraw.
Please note that all returns and exchanges are subject to a quality control process before being accepted. You will be refunded for the price you paid for the MOYNAT products returned and accepted. Delivery costs you have paid if you have chosen another delivery option than the free express shipment offered by MOYNAT, if any is available, will not be refunded. Refund of the costs of Taxes and Duties paid in the prepayment option (if selected) or upon receipt of your order will be in accordance with the procedures set forth by the local law and/or local market practices of your country of destination/delivery and MOYNAT shall in no event be responsible if you are not able to recover those Duties and Taxes.
The refund will take place within a maximum of fourteen (14) days of us being informed of your decision to withdraw but may be differed until we have received and controlled the returned MOYNAT products. We will use the same method you used for payment, to proceed to the refund.
You may be held liable in the event of depreciation in the value of the MOYNAT product due to manipulating the MOYNAT product other than to verify the nature, characteristics and, where applicable, the proper functioning of the products.
C) For a withdrawal with exchange, you must inform us in writing of your intent to withdraw. To do so, you must send an email to our client service team at firstname.lastname@example.org before the end of period mentioned in point A) above, including all the relevant information that will allow us to deal with your request. This information can be found in the withdrawal form which is included in appendix 1 below. You can also print and fill in this withdrawal form and send it to us by email at the above mentioned address.
When we receive your email, we will process it and contact you to assist you with an exchange. Exchanges are subject to the availability of the alternative piece.
Should the item you want to exchange be of higher value, then we will arrange to take payment for any excess. Similarly, if the item you want to exchange is of lower value to the original piece, then we will issue a refund for the differing value to the original payment method.
In any and all cases, if an exchange is possible, it will be submitted the return the original MOYNAT product you received and quality control and acceptance of the same by MOYNAT. Therefore, upon pre-validation of your exchange by the client service team, you will be required to return the original MOYNAT product you received. You will be able to obtain a prepaid return label and be required to follow the septs of the return policy detailed above in point B) above, which are applicable to a withdrawal with exchange.
The consumer benefits from a two-year period starting from the delivery of the good to obtain the execution of the legal guarantee of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the defect of conformity, and not the date of its appearance.
When the contract relates to the provision of a digital content/material or digital service on a continuous basis for a period exceeding two years, the legal guarantee is applicable to this digital content/material or service throughout the whole period of provision mentioned. During this period, the consumer is only required to establish the existence of the defect of conformity, and not the date of its appearance.
The legal guarantee of conformity implies that the professional shall provide all the necessary updates in order to maintain the conformity of the good.
The legal guarantee of conformity grants the consumer with the right to have the good repaired or replaced within a thirty (30) days period upon his request, without any cost and major inconvenience related for him.
If the good is repaired in furtherance of the legal guarantee of conformity, the consumer benefits from an extra 6-months guarantee extension period in addition to the initial period.
If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a two-year period starting from the date of the replacement of the good.
The consumer may obtain reduction of the price by keeping the good or may terminate the contract and receive a full refund in exchange of the returned good, if:
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the good intervenes after a 30-day period;
3° The repair or replacement of the good causes a major inconvenience to the consumer, in particular when the consumer bears definitively the costs of the return or removal of the defective good, or if he bears the costs of installation of the repaired or replaced good;
4° The defect of conformity of the good persists in spite of the unsuccessful attempt of the seller to achieve conformity of the good.
The consumer is also entitled to a reduction of the price of the good or to terminate the contract where the defect of conformity is so severe that it justifies immediate reduction in price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer is not entitled to the termination of the contract if the defect of conformity of the good is only minor.
Any period of time during which the good is immobilized for its repair or replacement suspends the guarantee which remained in effect until the delivery of the restored good.
The rights above mentioned result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who, in bad faith, obstructs the execution of the legal guarantee of conformity is liable to a civil fine of a maximum amount of 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in accordance with article 1641 to 1649 of the Civil Code, for a two-year period starting from the discovery of the defect. This guarantee entitles the consumer to a price reduction if they keep the product, or to a full refund upon return of the product.
It being specified that the guarantor of the conformity of the products that you have ordered on the Website under the two aforementioned legal guarantees is MOYNAT.
- CERTIFICATE OF AUTHENTICITY
All MOYNAT products purchased through the Website are accompanied by our certificate of authenticity which will be included in the package that you receive upon delivery of the MOYNAT product.
MEDIATION – APPLICABLE LAW – CHOICE OF COURT
In the event of any dispute about your order or a MOYNAT product you have purchased through the Website, we invite you to contact MOYNAT through the client service team in order to try to resolve the dispute by sending an email to email@example.com.
Pursuant to the French Consumer Code, after reaching out to the client service team and if MOYNAT fails to provide you with a solution that you find acceptable within a reasonable timeframe, you may refer your dispute to the Center for Mediation and Arbitration of Paris (the “mediator”) to launch a consumer mediation process.
You can contact the mediator and launch a claim either by email at firstname.lastname@example.org, or by post at the following address: CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt - 75008 PARIS, or through the online form available on the mediator’s website www.cmap.fr. This website also includes the information and documents you need to provide the mediator with, in order to launch your request for consumer mediation.
Please note that recourse to such mediation is free for you and is not mandatory.
Also, please note that at European level, the European Commission offers a platform for alternative dispute resolution, available at http://ec.europa.eu/odr.
- Applicable law and choice of court
These General Terms and Conditions are governed by French law, with the exception of its provisions concerning conflicts of law.
You and we accept that any dispute arising from these General Terms and Conditions and from sales concluded on the Website shall be subject to the non-exclusive jurisdiction of the French court territorially competent under the French Code of Civil Procedure or the court of the place where you reside at the time of conclusion of the contract, whether in France or in another country of the European Union.
The foregoing stipulations do not prevent you from also benefiting from the rights protecting you by virtue of the mandatory provisions of the applicable law of the European Union country where you reside. More generally, nothing in these terms and conditions of sale shall affect your legal rights and remedies.
- FORCE MAJEURE
We are not liable for any delay or failure to perform our obligations under these General Terms and Conditions which would be attributable to the unforeseeable and insurmountable fact of a third party to the contract or in case of force majeure as defined by article 1218 of the French civil code, such as for example in the following non-exhaustive hypotheses: the act of the prince, war, insurrection, coup d'état, civil unrest, strike, fire, explosion, natural disasters, pandemics, etc.
If we do not immediately require you to comply with these General Terms and Conditions, or if we are late in taking any measures or actions against you as a result of your failure to comply with your obligations hereunder, this does not mean that we authorize any breach to the present General Terms and Conditions and will not prevent us from asserting our rights and remedies against you.
- PERSONAL INFORMATION
Appendix 1 - Withdrawal form template
(Please fill in and send this form if you wish to withdraw from the contract)
To the attention of MOYNAT, 348 rue Saint Honoré 75001 Paris, email@example.com
I hereby notify my intention to withdraw from the contract of sale below:
Product receipt date:
Name of the client:
Address of the client:
Signature of the client (only if the notification of the withdrawal is on a paper version of this form):