GENERAL TERMS AND CONDITIONS OF SALE

[Date: February 26th, 2026]

 

CUSTOMERS EXPRESSLY ACKNOWLEDGE THAT THEY HAVE READ THESE GENERAL TERMS AND CONDITIONS OF SALE AND HAVE ACCEPTED THEM WITHOUT RESERVATION BEFORE MAKING ANY PURCHASE.  THE RIGHTS AND OBLIGATIONS HEREUNDER ARE WITHOUT PREJUDICE TO ANY AND ALL MANDATORY, NON-WAIVABLE PROVISIONS THAT MAY BE AVAILABLE TO CONSUMERS UNDER APPLICABLE MANDATORY CONSUMER PROTECTION OR WARRANTY LAWS, INCLUDING UNITED STATES FEDERAL OR STATE LAWS, WHERE SUCH RIGHTS CANNOT BE WAIVED.

 

1.     SCOPE AND AGREEMENT ON THE GENERAL TERMS AND CONDITIONS

The present legally binding general terms and conditions of sale (the “General Terms and Conditions”) set forth the terms governing your access to and purchase of products offered for sale on the Website and govern the sale of “Moynat” brand products between, on one hand, Moynat Paris, a simplified joint stock company with a capital of €63,000,000.00, with its registered office located at 348 rue Saint Honoré, 75001, Paris, FRANCE and registered with the Paris Trade & Companies Register under No. 501 729 511 (“Moynat,” “we,” “us,” or “our”), and, on the other hand, any natural person acting as a consumer exclusively for his or her personal, domestic, private, and non-commercial use and wishing to order and purchase Moynat’s products (the “Customer” “you,” or “your”) through the Moynat.com website (the “Website”) for delivery in any country where Moynat offers international shipment, as listed from time to time on the Website (the “Territory”).  The list of countries included in the Territory may change from time to time, and you are responsible for verifying the eligibility before placing an order.

These General Terms and Conditions apply in addition to the terms of Moynat’s privacy policy (the “Privacy Policy”), available at https://www.moynat.com/pages/privacy-policy, each of which is incorporated herein by reference and forms an integral part of the contract between you and Moynat.  You can view the most current version of the General Terms and Conditions and all such legal documents at any time in the “Legal” section of the footer of the Website by clicking on the hyperlink labeled “General Terms and Conditions.” 

By accessing the Website and placing an order for the purchase of products, you expressly acknowledge that you have read, understood, and agree to be bound by these General Terms and Conditions, the Privacy Policy, and any additional information, policies, or notices posted on the Website that are applicable to your purchase, without limitation or qualification. 

The Website is intended solely for customers purchasing products for personal use.  Commercial purchases, resale, distribution, or any other commercial exploitation of Moynat products are strictly prohibited.  By placing an order on the Website, you represent and warrant that you are purchasing Moynat products for your personal use only and not for resale or commercial purposes, whether directly or indirectly.

Moynat may update or modify these General Terms and Conditions at any time, without prior notice, by posting the revised version on the Website, provided that, to the extent your contact information is available in Moynat’s database, Moynat will endeavor to send you a notice of such modifications.  The version of the General Terms and Conditions in effect at the time you place your order will govern that specific transaction.  You are required to accept the General Terms and Conditions in force as of the date of your order as part of the checkout process.

These General Terms and Conditions explain who we are, how we will supply the products to you, how the contract may be modified or terminated, what to do in the event of an issue, and other important information regarding your rights and obligations.  If you do not agree with any of these General Terms and Conditions or the Privacy Policy, you must not place an order on the Website.

You agree that these General Terms and Conditions, any Order Confirmations, and any related notices or communications may be provided to you electronically, and that your electronic acceptance (including by clicking to accept these General Terms and Conditions or by placing an order through the Website) constitutes a binding agreement.

2. ORDERS

The following provisions shall apply to orders placed on the Website. 

To place an order for Moynat products through the Website, you must be at least eighteen (18) years old, have legal capacity to enter into a binding contract, and hold a debit or credit card or any other payment instrument accepted on the Website.  By placing an order, you represent and warrant that you meet these requirements. 

Orders for Moynat products may only be placed through the Website in accordance with the instructions provided therein during the online ordering process.  We do not accept orders by email, telephone, or any other means.  All orders are subject to acceptance by Moynat.  Your submission of an order constitutes an offer to purchase Moynat products, which is not binding upon Moynat until Moynat issues an order confirmation in the form set forth below (the “Order Confirmation”).

Before submitting your order, you are responsible for reviewing and confirming that all information displayed in your shopping cart, including the selected products, quantities, pricing, and delivery details, accurately reflects your selection.  After you submit your order by clicking on the “Finish and pay” button, and subject to successful payment authorization, you will receive an automated order acknowledgement email summarizing the details of your order.  This automated acknowledgement email confirms receipt of your order only and does not constitute acceptance of your order by Moynat.  Your order will be reviewed and processed by Moynat, and a binding contract will be formed only when Moynat sends you a separate Order Confirmation email.  Moynat reserves the right, at its discretion, to request additional verification or confirmation of an order, including oral confirmation by telephone, before issuing an Order Confirmation.  If such confirmation is requested, you must provide it for the order to be accepted and processed.

For certain products, Moynat offers personalization services (the “Personalization Services”) through a dedicated tool available on the Website (the “Personalization Tool”).  Where available, the option to personalize a product will be clearly identified on the Website alongside the Moynat product through a “Personalize” button or designation.  If you choose to use the Personalization Services for an eligible Moynat product (“Personalized Product(s)”), you are solely responsible for reviewing and confirming the accuracy of all personalization details, including any and all text, characters, symbols, colors, or other custom features, before submitting your order.  Once an order for a Personalized Product is placed, the personalization details cannot be changed.  The General Terms and Conditions apply to any purchase of Personalized Products. 

Moynat makes every reasonable effort to ensure that the essential characteristics of the Moynat products available and displayed on the Website are photographed, described, and presented as accurately and faithfully as possible, including with respect to color, design, rendering, style, and material.  Nevertheless, slight variations may occur due to technical, graphic, display settings, craftmanship, or other reasons, factors, or limitations, whether on Moynat’s or Customer’s end, and the appearance of products on the Website may differ slightly from the products delivered.  Such minor or immaterial variations, errors, or inaccuracies shall not constitute a defect or non-conformity and shall not give rise to any claim or liability against Moynat.

If you have any questions regarding Moynat products on your order, you may contact Moynat’s customer service team by e-mail at onlinesales@moynat.com or telephone at +33 6 37 10 32 64.  As indicated above, orders placed through the Website are for personal use only.  Commercial purchases, resale, distribution, or any other commercial use or exploitation are strictly prohibited and constitute a material breach of this agreement.

Moynat reserves the right to refuse, suspend, or cancel any order, in whole or in part, at any time prior to shipment, for legitimate reasons, including, without limitation, where: (a) one or more of your previous orders has been the subject of an unresolved dispute with Moynat; (b) Moynat has reasonable grounds to believe that you (i) have violated these General Terms and Conditions; (ii) are engaged in fraudulent, abusive, or unlawful activity, including grey-market activities or practices; (iii) are purchasing Moynat products for resale of Moynat products through unauthorized resale or distribution channels; or (iv) have refused to provide any information that Moynat is required to collect by law; or (c)  cancellation is necessary to comply with applicable law or a legal or regulatory requirement.  In the event Moynat cancels an order, any amounts paid by you for the cancelled order will be refunded using the same method of payment.

ORDER CONFIRMATION

To place an order on the Website, you must select the Moynat product(s) you wish to purchase, and, where available, use the Personalization Tool to customize the product(s) if you choose to order a Personalized Product.  Once selected, you must click on the “Add to Cart” button to add the selected Moynat products to your shopping “Cart,” and you will then be prompted to complete the order and delivery form.

Before submitting the order, you must review and confirm that all information provided, including product selection, personalization details (if applicable), delivery address, and contact information, is accurate and complete, and make any necessary corrections.

Your order is submitted when you click on the “Finish and pay” button.  You will then be directed to the secure payment interface, where you may select a payment method and complete the payment in accordance with the options available and described below (see available methods/means in Article 4).

After submitting your order and subject to successful payment authorization, you will receive an automated order acknowledgement email acknowledging receipt of your order.  This acknowledgement email does not constitute acceptance of your order and does not create a binding contract.  Your submitted order constitutes an offer to purchase Moynat product(s) and will be forwarded to Moynat for review and processing.  Acceptance of your order and formation of a binding contract occur only when Moynat sends you a separate email confirming shipment of the product(s), which will include the order confirmation, shipping details, a tracking number, and an estimated delivery date (the “Order Confirmation”).

A binding contract between you and Moynat is only formed with respect to the Moynat product(s) (whether standard or Personalized) that are expressly confirmed in the Order Confirmation.  Once processed and confirmed, an order generally cannot be modified or cancelled.  If you wish to request a modification or cancellation before Moynat has issued the Order Confirmation, you must contact Moynat’s customer service team immediately or as soon as possible by telephone at +33 6 37 10 32 64 (Monday to Saturday 10:00 a.m. to 5:00 p.m. (Paris time)) or by e-mail at onlinesales@moynat.com.  Moynat will make reasonable efforts to accommodate your request, but whether a request for modification or cancellation is possible once an order is submitted by you, depends on the status of your order at the time we receive your request and on whether the order relates to a standard or Personalized Product.  Nothing in this section shall affect your right of cancellation, exchange, or return, where applicable, which may be exercised after delivery of the Moynat product in the conditions set forth in Article 8 below, except with respect to Personalized Products, which are not eligible for cancellation, exchange, or return.

Moynat maintains records of all transactions between Moynat and its customers completed through the Website.  You are encouraged to download, save, print, and/or archive a copy of these General Terms and Conditions and the Order Confirmation for your own records.  In the event of a dispute between Moynat and you relating to a transaction completed on the Website, the electronic records maintained by Moynat may be used as evidence of the transaction details, subject to applicable law.

3. AVAILABILITY

Moynat reserves the right to modify, discontinue, or limit, at its discretion, the availability of any product(s) offered on the Website at any time, and without prior notice.  All products are subject to availability, and Moynat does not guarantee that any product displayed on the Website will be available at the time an order is placed or processed.  If a Moynat product (whether standard or Personalized) that you have ordered becomes unavailable after you received an order acknowledgement email but before the Order Confirmation is issued, Moynat’s customer service team or customer advisor will notify you by telephone or email as soon as reasonably possible.  In such case, you will be given the option to (i) select another Moynat product, or (ii) cancel the affected order.  If your order consists of more than one Moynat product and only part of the order is unavailable, the customer service team or customer advisor will inform you by telephone or email of the available items and assist you in choosing whether to cancel the entire order or only proceed with the available items.  You will only be charged for the part of the order that is available and that you choose to proceed with.  If you elect to replace an unavailable product with another Moynat product, the replacement purchase will be treated as a new and separate order and will be subject to these General Terms and Conditions.  To ensure fair access to Moynat products and the quality of service provided to all customers, Moynat reserves the right to limit the quantity of products that may be purchased by a single customer, subject to applicable law.  If an order or part thereof is cancelled in accordance with this section, any amounts paid for the cancelled product(s) will be refunded to you using the same payment method within fourteen (14) days from cancellation, or sooner if required by applicable law.

4. PRICES AND PAYMENTS

PRICES

The prices for Moynat products are indicated on the Website in the local currency corresponding to the location you select when visiting the Website.  Prices include valued-added tax (VAT), where applicable.

Moynat reserves the right to change prices of the Moynat products offered on the Website at any time prior to order submission, without prior notice.  The prices displayed on the Website at checkout at the time you click on the “Finish and pay” button are the prices that will apply to your order.  Moynat reserves the right to reject or cancel your order if the products are not available, are incorrectly priced, or are otherwise incorrectly described. 

SHIPPING COSTS

Moynat currently offers express shipping within the Territory at no additional charge or cost to you.  Moynat reserves the right to modify, suspend, or discontinue any delivery option or shipping offer at any time, on a prospective basis.  If Moynat offers other or additional delivery options in the future, such options and any applicable charges will be clearly disclosed and 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, and no additional delivery charges shall apply unless you expressly select such options.

TAXES, DUTIES, AND IMPORT CHARGES

Orders shipped internationally outside the European Union (“EU”) may be subject to import duties, customs fees, tariffs, and/or local taxes (collectively, “Taxes and Duties”) on top of the prices for the Moynat products displayed on the Website that are imposed by the authorities of the destination country.

Taxes and Duties are outside Moynat’s control, are determined by the customs authorities of the country of destination, and are not included in the Moynat product prices or delivery and shipping costs (if any).  Unless expressly stated otherwise or unless a Taxes and Duties prepayment option is made available and selected at checkout, you are solely responsible for paying any applicable Taxes and Duties upon delivery of your order, if and when requested by the relevant authorities or carrier.

Where available, Moynat may offer a Taxes and Duties prepayment option during the checkout process.  This prepayment option may allow you to prepay the Taxes and Duties directly upon placing your order.  If the prepayment option is available and you select it, the applicable amount will be clearly displayed before payment, such amount will be automatically added to your total order amount, and no additional Taxes and Duties will be due upon delivery.

ADDITIONAL COSTS

Any additional costs that you may incur when using remote connection means (such as Internet or telephone charges) to place an order on the Website remain at your sole responsibility.

PAYMENT TERMS

Payment for all orders placed on the Website must be made immediately and in full at the time the order is submitted.  Any store credits and/or gift certificates, if issued by Moynat boutiques, are not accepted for payment on the Website, unless expressly authorized in writing. 

Before confirming payment, you must verify that all information, including all payment information, is correct.  Moynat will not be responsible for replacement or refund of the products if the information provided is incorrect.  

By completing a transaction on the Website, you are consenting for your card to be charged or to any other payment method.  When you place an order, the applicable amount may be authorized or temporarily held on your credit or debit card, but your payment will not be charged until Moynat issues the Order Confirmation.  This authorization does not constitute acceptance of your order.  If, for any reason, the payment is declined, the order will not be registered by Moynat and/or will be cancelled. 

Moynat retains title and ownership to the product(s) until the full price of the product(s) has been paid to Moynat, that is, until the price has effectively been debited from the Customer and successfully credited to Moynat. 

FX DISCLAIMER

If your payment method is denominated in a currency different from the currency displayed at checkout, your bank, card issuer, or payment provider may apply a currency conversion rate and/or additional fees.  Such currency conversion rates and fees are determined solely by your payment provider and are outside Moynat’s control.  Moynat is not, and shall not be, responsible for any such additional charges imposed by your bank, card issuer, payment provider, or any third party.

ACCEPTED PAYMENT METHODS

The payment methods accepted by Moynat are indicated on the Website and may vary depending on your location and/or delivery destination.  You may not use credit notes, store credits, or gift vouchers issued by Moynat retail boutiques and shops to purchase the Moynat products on the Website, unless expressly stated otherwise in writing.

CONSUMER LAW NOTICE (UNITED STATES)

Nothing in this section limits or waives any rights you may have under applicable mandatory consumer protection laws, including United States federal or state laws.  All pricing and payment practices are intended to comply with applicable U.S. consumer protection, disclosure, and refund requirements, including those enforced by the Federal Trade Commission (FTC) or any other state or federal agency or regulation.

5. PLACE OF DELIVERY

The Moynat products shall be delivered to the delivery address that you will have indicated in the order during the checkout process, subject to the terms set forth below.

The Moynat products ordered through the Website may only be delivered to addresses located within the Territory.  Deliveries to military addresses, post office boxes (P.O. boxes), parcel pickup, parcel forwarding, or mailboxes are not permitted and will not be accepted or processed.

If you specify a hotel address as the delivery address for your order, delivery may only be made to the individual expressly identified in your order as the authorized recipient, and Moynat products cannot be delivered to hotel reception desks, concierge services, or similar third parties under any circumstances.

You are responsible for ensuring that the delivery address and identity of the authorized recipient provided at checkout are accurate, complete, and sufficient to allow successful delivery.  Moynat is not responsible for delivery failures, delays, or mis-deliveries resulting from inaccurate, incomplete, or incorrect information provided by you.  If delivery cannot be completed due to incorrect or incomplete information provided by you, the Moynat products may be returned to Moynat, and a new delivery or reshipment will be at your expense.  Similarly, any prepaid Taxes and Duties will not be refunded where delivery failure results from inaccurate, incomplete, or incorrect information provided by you, except where refund is required by applicable mandatory law.

Nothing in this section limits or waives any rights you may have under applicable mandatory consumer protection laws, including United States federal or state laws, to the extent such rights cannot be waived.

6. DELIVERY

During the checkout process, and depending on the destination and delivery country or location you indicate in the delivery form, Moynat will provide you with (i) an estimated delivery timeframe, (ii) the available delivery options and any applicable costs for same, if any, and (iii) information regarding the availability and cost of any Taxes and Duties prepayment option, if any.

Moynat reserves the right to select the carrier and method of shipment for all orders, subject to the delivery options, if any, expressly offered and selected during checkout.  Moynat reserves the right to ship the Moynat products ordered into one or more packages or shipments and, in such case, the estimated times of delivery for each package may vary for each shipment, and partial deliveries may occur.

While Moynat cannot guarantee exact delivery dates, the following general delivery estimates apply from the date the Order Confirmation is issued, unless otherwise indicated during checkout:

• Standard, non-Personalized Moynat products are generally delivered within ten (10) business days from the date of Order Confirmation.
• Personalized Products are generally delivered between six (6) and eight (8) weeks from the date of Order Confirmation.

All delivery dates and timeframes are estimates only and are provided for informational purposes.  They may be affected by factors outside Moynat’s control, including carrier disruptions, transportation delays, customs clearance, inspections, and/or force majeure events.  Moynat reserves the right to adjust previously communicated delivery estimates for such reasons, subject to providing you with prior notice where reasonably practicable.  Any such delays do not constitute a failure by Moynat to perform its delivery obligations, subject to applicable mandatory consumer protection laws.

Delivery will be made to the address and authorized recipient specified in your order, subject to the terms and conditions set forth in Article 5 above.  Upon delivery, a signature may be required, and the products shall only be released to the individual designated as the authorized recipient in the order and delivery form.

You acknowledge and agree that any person who accepts delivery of the Moynat products at the delivery address provided in your order is deemed to be authorized by you to receive the shipment on your behalf. 

You should check that your shipment is correct on delivery.  If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged product, etc.) by hand, if possible, on the delivery notice, and sign.  If the products do not conform to your order or you are not satisfied with them, you may return them, exchange them, or request a refund according to the terms and conditions described below.

7. DELIVERY AND SHIPMENT ISSUES

SHIPMENT ISSUES

In accordance with the FTC’s Mail, Internet, or Telephone Order Merchandise Rule, Moynat is committed to shipping your order within the estimated timeframe provided at checkout (or within 30 days if no time is stated).  For the purposes of these General Terms and Conditions, “shipment” is the act by which Moynat physically places the products in the carrier’s possession. 

If Moynat is unable to ship your order within the estimated delivery timeframe disclosed at checkout, or, where no delivery timeframe is disclosed, within thirty (30) days from the date of your Order Confirmation, Moynat will proactively contact you via the email address provided at checkout to notify you and provide you with the option to (i) consent to a revised delivery date, or (ii) cancel your order and receive a full refund, in accordance with applicable law. 

For a first delay of thirty (30) days or less, your silence may be treated as consent to the delay; however, for any delay exceeding thirty (30) days beyond the original estimate, or for subsequent delays, your order will be automatically cancelled and a refund issued, unless we receive your express consent to the further delay.  In the event of such a cancellation, Moynat will issue a full refund to your original payment method within seven (7) business days. 

DELIVERY ISSUES

While Moynat is responsible for the timely shipment of your order to the carrier, “delivery” (the arrival of the package at the designated address) may be affected by factors outside Moynat’s control once the package has left our possession.  This includes carrier disruptions, transportation delays, customs clearance, inspections, or force majeure events.

Any failure to deliver, any delivery made after the estimated delivery timeframe disclosed at checkout, or any discrepancy between the Moynat products ordered and those delivered should be reported as soon as reasonably possible Moynat’s customer service team by telephone at +33 6 37 10 32 64 (Monday to Saturday, 10:00 a.m. to 5:00 p.m. (Paris time)) or by e-mail at onlinesales@moynat.com, providing your order number and relevant details so that we may investigate and assist you.

Please note that customs clearance procedures are completely outside Moynat’s control, including where Taxes and Duties have been prepaid, and any delivery delays resulting from inspections, regulatory requirements, or actions by the customs authorities do not constitute a failure by Moynat to perform its delivery obligations, subject to applicable mandatory consumer protection laws.

As only the recipient of the shipment may communicate directly with local customs authorities, we kindly ask that you contact the relevant customs office or carrier directly for details regarding customs processing or clearance timelines, using the tracking reference number provided in your Order Confirmation.

Nothing in this section limits or excludes any rights or remedies available to you under applicable mandatory consumer protection laws, including United States federal or state laws, such as the Federal Trade Commission’s Mail, Internet, or Telephone Order Merchandise Rule, or applicable consumer protection statutes, where such laws apply.

8.     TRANSFER OF PROPERTY

Moynat bears the risk of loss and responsibility for the Customer’s purchased product(s) while the product(s) is in transit to the address provided by the Customer during the order process.  Risk of loss transfers to you upon confirmed delivery of the product(s) to you or to any authorized recipient designated by you, at which point you become responsible for the product(s) and assume all risks, including, but not limited to, loss, theft, damage, or deterioration.  Title to the product(s) transfers to you upon delivery and full payment of the purchase price, subject to applicable mandatory consumer protection laws.  Any retention of title provided for in these General Terms and Conditions is intended solely to reflect payment status and does not affect the transfer of risk or your statutory rights as a consumer. 

9.     CANCELLATION – REFUND OR EXCHANGE AND RETURN OF PRODUCTS

A) RIGHT OF CANCELLATION (STANDARD PRODUCTS ONLY)

You have the right to cancel, without providing any reason, your contract for the purchase of standard (non-Personalized) Moynat products ordered on the Website, within thirty (30) calendar days from the delivery date.

When exercising your right of cancellation, you may choose either a refund or an exchange, subject to the conditions set forth in Sections B and C below.

Personalized Products are customized and made to your specifications and are therefore not eligible for cancellation, return, refund, or exchange, in accordance with Article L. 221-28(3) of the French Consumer Code.  Sections B and C below do not apply to Personalized Products.

For any questions regarding returns, exchanges, or cancellation, please contact Moynat’s customer service team by telephone at +33 6 37 10 32 64 (Monday to Saturday, 10:00 a.m. to 5:00 p.m. (Paris time)) or by e-mail at onlinesales@moynat.com.

B) CANCELLATION WITH REFUND (STANDARD PRODUCTS ONLY)

To exercise your right of cancellation and refund request, you must notify Moynat in writing of your unambiguous intent to cancel before the end of the time period set forth in Section A above.  

You may notify Moynat of your cancellation using either of the following methods:

(i)             By clicking on the return link included in your Order Confirmation email, which will initiate the return procedure on the return online portal.  At the end of the return procedure, a prepaid return shipping label will be sent to you at your email address; or

(ii)           By sending an email to Moynat’s customer service team at onlinesales@moynat.com and by including all the relevant information necessary to identify your order and process your request.  This information can be found in the cancellation form included in Appendix 1 below.  You may also print and fill out the cancellation form in Appendix 1 and send it to us by email at the above-mentioned address if you wish.  Upon receipt of your cancellation request, Moynat will process it and, where applicable, send you a link to access the online return portal and prepaid return shipping label mentioned above, together with instructions for completing the return.

After notifying Moynat of your cancellation, you must return the product(s) by following the return steps below:

1. Carefully pack the product(s) you wish to return in their original packaging.  
2. Print and securely affix the prepaid return shipping label to the outside of the package.  If you are reusing a shipping package or box, please remove or cover the labels from the previous shipment(s).
3. Follow the instructions provided through the online return portal accessible through the link sent to you to initiate the return to arrange for drop-off or collection of your return shipment.

Returned Moynat products must be shipped no later than fourteen (14) days from the date on which you notified informed Moynat of your decision to cancel.  If the product(s) are not shipped within this fourteen (14)-day period, the cancellation shall be deemed ineffective, and you shall no longer be entitled to a refund, except where otherwise required by applicable mandatory law.  In such case, the sale shall remain in full force and effect.  Moynat may, at its sole discretion and as a commercial courtesy, accept a late return; however, in such circumstances, Moynat reserves the right to refuse the refund or to issue the refund subject to reasonable conditions, including inspection and confirmation that the return conditions are met, in each case subject to applicable law.

The products must be returned unused, unworn, undamaged, unsoiled, and in their original condition, including with all accessories, dust bags, tags, labels, and stickers intact, and including the original invoice and certificate of authenticity.

All returns and exchanges are subject to inspection and quality control upon receipt before being accepted.  For the avoidance of doubt, Personalized Products, as well as any products that have been altered, modified, used beyond reasonable handling, damaged, or soiled, will not be accepted for return or exchange, except where the return or exchange is required by applicable law, including in the event of a defect or lack of conformity.  Provided the returned product(s) meet the return conditions set forth in these General Terms and Conditions, Moynat will refund the price you paid for the Moynat products returned and accepted.  

Except where required by applicable law, any delivery charges, including those you may have paid if you chose a delivery option other than the free express shipment offered by Moynat, if any is available, are non-refundable.  

Refunds of any import duties, customs fees, taxes, including Taxes and Duties, paid by you through the prepayment option (if selected) or upon delivery of your order, are governed by the rules and procedures of the relevant authorities and local laws of the destination or delivery country.  As a result, Moynat does not refund nor guarantee the recovery of such duties, fees, or taxes and in no event shall it be responsible if such amounts cannot be recovered from, or refunded to you by, those authorities.

Refunds will be issued within fourteen (14) days of the date on which Moynat is informed of your decision to cancel, but may be deferred until Moynat receives and inspects the returned Moynat products, as permitted by applicable law.  Refunds will be made using the same payment method you used for the original payment, unless otherwise required by law.

You may be responsible for any reduction in the value of the Moynat product(s) resulting from handling, manipulation, or use of the Moynat product beyond what is reasonably necessary to verify the nature, characteristics, and, where applicable, the proper functioning of the product(s). 

C) CANCELLATION WITH EXCHANGE (STANDARD PRODUCTS ONLY)

If you wish to exercise your right of cancellation and request an exchange (rather than refund), you must notify Moynat in writing of your intent to cancel before the expiration of the time period described in Section A above.

To request an exchange, you must send an email to Moynat’s customer service team at onlinesales@moynat.com, including the information necessary to identify your order and process your request.  This information can be found in the cancellation form included in Appendix 1 below, which you may also print, complete, and send to us by email at the above mentioned address if you wish.

Upon receipt of your request, Moynat will review and process it and contact you to assist you with the exchange process.  All exchanges are subject to product availability and are not guaranteed.

You may exchange a product for another product of lesser, equal, or greater value subject to the conditions below.

If the exchanged product selected has a higher price than the original product, you will be required to pay the price difference before the exchange is completed.  Similarly, if the exchanged product selected has a lower price than the original product, Moynat will refund the price difference using the original payment method, subject to applicable law.

Where an exchange is approved, you must return the original product to Moynat.  The exchange is subject to Moynat’s receipt, inspection, quality control, and acceptance of the returned Moynat product, in accordance with the return conditions and quality control process described in Section B above.  Upon pre-validation of the exchange by Moynat’s customer service team, you will be provided with a prepaid return shipping label, and you must follow the applicable return instructions described in Section B above.

9. STATUTORY WARRANTIES

Under applicable French law, a consumer benefits from a statutory warranty of conformity for the product(s) purchased through the Website.

SCOPE AND DURATION

The consumer benefits from a statutory warranty of conformity, which applies for a period of two (2) years from the date of delivery of the product.  During this time period, the consumer is only required to demonstrate the existence of a lack of conformity, not the date on which this non-conformity appeared.

Where the contract refers to the provision of a digital content, digital material, or digital service supplied on a continuous basis for a period exceeding two (2) years, the statutory warranty of conformity applies for the entire duration of the supply period.  During that period, the consumer is likewise only required to establish the existence of a lack of conformity, and not the date on which this non-conformity appeared.

CONTENT OF THE WARRANTY

The statutory warranty of conformity requires Moynat to sell to the Customer a product that conforms in all material respects to the order and that is free from material defects in conformity when delivered to the Customer, in the sense that the product shall be fit for the purpose usually expected of a similar product and shall have the material characteristics presented at the time of sale.

Under this statutory warranty, the Customer has the right to request that the non-conforming product be repaired or replaced, at no cost, within a period of thirty (30) days, without any major inconvenience to the consumer.

If the product is repaired under this statutory warranty, the Customer benefits from an additional six (6)-month extension of the warranty.

If the Customer requests the repair of the product, but Moynat provides a replacement instead, the statutory warranty of conformity is renewed for a two (2)-year period starting from the date of replacement.

If the product is non-conforming and the statutory warranty of conformity applies, the Customer may elect to either keep the product and request an appropriate reduction of the purchase price or terminate the contract and receive a full refund upon return of the product, in any of the following circumstances:

1° Moynat refuses or fails to repair or replace the product in accordance with the statutory warranty of conformity;

2° Repair or replacement of the product in not completed within the thirty (30)-day period from the Customer’s request;

3° Repair or replacement of the product causes major inconvenience to the Customer, including, in particular, where the Customer is required to bear the costs of returning the non-conforming product; or

4° The lack of conformity of the product persists despite Moynat’s unsuccessful attempt to repair the product.

ADDITIONAL REMEDIES

Where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract, the Customer may obtain an appropriate purchase price reduction or terminate the contract and receive a full refund upon return of the product, without first being required to request the repair or replacement of the product.

The Customer is not entitled to the termination of the contract if the lack of conformity is only minor.

Any time period during which the product is unavailable or immobilized for its repair or replacement suspends the running of the statutory warranty of conformity, which resumes upon delivery of the repaired or replaced product.

The statutory warranty rights described in this Section arise from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.  NOTICE (UNITED STATES)

This statutory warranty of conformity is provided pursuant to French law and does not limit or replace any rights or warranties that may be available to consumers under applicable mandatory laws, including United States federal or state consumer protection or warranty laws, where such laws apply and cannot be waived.

STATUTORY WARRANTY AGAINST HIDDEN DEFECTS

In addition to the above, the consumer benefits from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two (2) years from discovery of the defect.  Under this warranty, Moynat is required to deliver to Customer a product that is free of hidden defects that would render it unfit for its intended use.  This warranty entitles the consumer to a price reduction if the consumer elects to keep the product or a full refund upon return of the product.

For the avoidance of doubt, Moynat is the warrantor of conformity for the products purchased through the Website under both aforementioned statutory warranties of conformity and hidden defects.

Nothing in this section limits or excludes any rights or remedies that may be available to consumers under applicable mandatory consumer protection or warranty laws, including United States federal or state laws, where such rights cannot be waived. CONTACT INFORMATION FOR WARRANTIES

For any questions regarding these warranties, please contact Moynat’s customer service team by telephone at +33 6 37 10 32 64 (Monday to Saturday, 10:00 a.m. to 5:00 p.m. (Paris time)) or by e-mail at onlinesales@moynat.com.

NO ADDITIONAL WARRANTIES

Except for the statutory warranties expressly described in this Section, and to the fullest extent permitted by applicable law, Moynat does not provide any additional warranties with respect to the product(s).  Nothing in these General Terms and Conditions shall be construed as creating any express, implied, or statutory warranty beyond those stated herein or mandated and non-waivable under applicable law.  To the extent permitted by applicable law, and without limiting the foregoing statutory warranties, any implied warranties that are not mandatory, including any implied warranties of fitness for a particular purpose or non-infringement, are excluded.  Some jurisdictions do not allow limitations or exclusions of implied warranties, in which case such exclusions shall apply only to the extent permitted by law.

10. LIMITATION OF LIABILITY

Except as required by applicable law, Moynat will not be liable for damage resulting from Customer’s purchase of the product(s) except where such damage is directly attributable to Moynat’s act, omission, negligence, or willful misconduct.  Since Moynat offers the products for sale to consumers for their personal, non-commercial use only, and since Moynat expressly prohibits purchase for business or re-sale purposes, it shall not be liable or responsible for any loss of profits or business in relation with any resale activity carried out by Customer. 

To the fullest extent permitted by applicable law, Moynat shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation loss of profits, loss of opportunity, loss of use, loss of data, loss of goodwill, cost of procurement of substitute goods or services, or reputational harm, arising out of or in connection with the purchase, use, or inability to use any Moynat product, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if such damages are foreseeable or if Moynat has been advised of the possibility of such damages.  To the fullest extent permitted by applicable law, Moynat’s total aggregate liability to you for any and all claims, losses, damages, or causes of action arising out of or in connection with any product purchased through the Website shall not exceed the total amount actually paid by you for the purchase of the relevant product(s).  Nothing in these General Terms and Conditions excludes or limits Moynat’s liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; statutory guarantees, warranties, or consumer rights that cannot be excluded or limited under applicable law, including rights arising under French law and mandatory United States federal or state consumer protection laws, where applicable.  Some jurisdictions do not allow the exclusion or limitation of certain damages, including incidental or consequential damages.  In such jurisdictions, the above limitations shall apply only to the extent permitted by law.

The Website and any digital content or services made available through the Website are provided on an “as is” and “as available” basis.  This disclaimer applies solely to the operation of the Website and does not apply to Moynat products or to any statutory warranties applicable to such products.  To the fullest extent permitted by applicable law, Moynat makes no representations or warranties regarding the uninterrupted or error-free operation of the Website, or that the Website will be free from technical issues, viruses, or other harmful components.  Moynat shall not be responsible for temporary unavailability, errors, inaccuracies, or service interruptions affecting the Website, including those resulting from maintenance, system failures, or external events.  Moynat may modify, suspend, or discontinue any aspect of the Website at any time. 

11. INTELLECTUAL PROPERTY

All content made available on the Website, including without limitation texts, graphics, images, photographs, designs, illustrations, videos, trademarks, logos, product names, packaging, and any other materials (collectively, the “Content”), is exclusively owned or used by Moynat with the authorization of the relevant rights holders, if any, and is protected by copyright, trademark, design, and other intellectual property laws.

Moynat is the exclusive owner of all intellectual property rights relating to the Moynat products, their design, appearance, packaging, labels, documentation, and branding, as well as the trademarks, trade names, logos, and other distinctive signs under which the products are marketed, subject to the moral rights of authors where applicable.  The purchase of a product does not grant you any license or other rights in or to Moynat’s intellectual property, except for the right to use the purchased product for personal, non-commercial purposes.  No license, assignment, or transfer of intellectual property rights is granted, whether expressly or by implication, including with respect to labels, packaging, documentation, or any customized elements created at your request.  Except as expressly permitted by law, any reproduction, representation, use, adaptation, modification, translation, distribution, incorporation, or commercial exploitation, in whole or in part, of any Moynat product, Content, or intellectual property, by any means or on any medium, is strictly prohibited without Moynat’s prior written authorization. 

You expressly agree not to engage in any act of infringement, unfair competition, or counterfeiting, including, without limitation, manufacturing, selling, offering for sale, licensing, marketing, or distributing, directly or indirectly, Moynat products, imitations, reproductions, or any goods bearing Moynat’s intellectual property or confusingly similar signs, whether for your own benefit or for the benefit of any third party.

12. CERTIFICATE OF AUTHENTICITY

All Moynat products purchased through the Website are genuine Moynat products and are accompanied by an official Moynat certificate of authenticity, issued by Moynat, which will be included in the package that you will receive upon delivery of the Moynat product.  The certificate of authenticity is provided for informational purposes and does not create any additional warranties, express or implied, beyond those expressly set forth in these General Terms and Conditions or required by applicable law.

11. MEDIATION – APPLICABLE LAW – COMPETENT JURISDICTION
    
    

MEDIATION

In the event of any question, concern, or dispute relating to your order, a Moynat product purchased through the Website, or a service Moynat has agreed to provide, we encourage you to first contact Moynat’s customer service team dispute by sending an email to onlinesales@moynat.com so that Moynat may attempt to resolve the matter amicably.

If, after contacting Moynat’s customer service team, a dispute remains unresolved within a reasonable period of time, you may, on a voluntary basis, seek to resolve the dispute through consumer mediation in accordance with applicable French law, including the provisions of the French Consumer Code.  For this purpose, you may refer the dispute to the Center for Mediation and Arbitration of Paris (CMAP) (the “Mediator”), an independent consumer mediation body, to launch a consumer mediation process.

You can contact the Mediator and initiate a claim either (i) by email at consommation@cmap.fr, (ii) by postal mail at CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) by submitting a request through the online form available on the Mediator’s website www.cmap.fr, which website also includes information on the documents you need to provide the Mediator to initiate the consumer mediation process.

Recourse to such mediation is free of charge for consumers, entirely optional, and not a procedural prerequisite to pursuing any other rights, remedies, or recourses available to you under applicable law.

APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and Conditions and any purchase concluded through the Website, regardless of the country or destination of delivery, shall be governed by, interpreted, and construed in accordance with the laws of France, excluding its conflict-of-laws rules and provisions.  Notwithstanding the foregoing, nothing in these General Terms and Conditions shall exclude, limit, or waive the application of any non-waivable mandatory consumer protection laws of your country of residence, including without limitation any applicable United States federal, state, or local consumer protection laws, that cannot be contractually waived or limited. 

Except where prohibited by applicable mandatory consumer protection laws, including without limitation any applicable United States federal, state, or local consumer protection laws, that cannot be contractually waived or limited, any dispute, claim, or controversy arising out of relating to these General Terms and Conditions or any purchase concluded through the Website shall be submitted to the exclusive jurisdiction of the French courts which are territorially competent under the French Code of Civil Procedure.  For the avoidance of doubt, if the Customer is a resident of a State and mandatory, non-waivable provisions of that State law expressly require that a dispute be brought before the courts of that State, such provisions shall apply solely to the extent required by applicable law; in all other cases, the exclusive jurisdiction of the French courts as set forth herein shall apply.

Nothing in this Section shall affect your legal or statutory rights and remedies available to consumers under applicable mandatory law.

12. FORCE MAJEURE

Moynat shall not be liable for any delay or failure to perform its obligations under these General Terms and Conditions to the extent such delay or failure results from unforeseeable events beyond Moynat’s reasonable control, including events constituting force majeure within the meaning of Article 1218 of the French Civil Code, or any unforeseeable and unavoidable act of a third party to the contract, which prevent or materially hinder performance.  Such events may, for example, include, without limitation, act of God, acts of government or public authorities (including export restrictions, tariffs, or governmental orders), war, armed conflict, terrorism, insurrection, coup d’état, civil unrest, strikes or labor disturbances, fire, explosion, natural disasters, epidemics or pandemics, transportation or supply chain disruptions, or any other event beyond Moynat’s reasonable control.  Moynat’s obligations shall be suspended for the duration of the force majeure event.  If the force majeure event continues for a prolonged period and materially affects performance, Moynat may cancel the affected order, in whole or in part, without liability, subject to applicable mandatory consumer protection laws.

13. WAIVER

The failure, delay, or partial exercise by Moynat at any time to enforce any provision of these General Terms and Conditions or any other terms or conditions applicable to your order shall not operate or be construed as a waiver of such provision or of any other provision, nor shall it affect Moynat’s right to enforce any such provision at a later time.  Any waiver by Moynat of a breach of these General Terms and Conditions shall be effective only if expressly made in writing and shall apply solely to the specific instance for which it is given, and shall not constitute a waiver of any prior, concurrent, or subsequent breach. 

14. SEVERABILITY AND BLUE-PENCIL

If any provision of these General Terms and Conditions is held to be invalid, illegal, or unenforceable by a court or competent authority of final jurisdiction, such provision shall be limited to the minimum extent necessary so that it becomes valid, legal, and enforceable, while preserving as closely as possible the original intent of the parties.  If such limitation or modification is not possible, the invalid, illegal, or unenforceable provision shall be deemed severed, and the remaining provisions of these General Terms and Conditions shall remain in full force and effect.  The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, nor shall it affect the validity of the provision in any other jurisdiction.  Nothing in this section shall be construed as permitting the removal or limitation of any rights or remedies that cannot be waived under applicable mandatory consumer protection laws, including United States federal or state consumer laws, where such laws apply.

15. ENTIRE AGREEMENT AND PRECEDENCE

These General Terms and Conditions, together with any documents expressly incorporated herein by reference, such as the Privacy Policy, constitute the entire agreement between you and Moynat with respect to the purchase of products through the Website.  They supersede and prevail over any prior or contemporaneous agreements, understandings, representations, communications, or correspondence, whether written or oral, including any documents, terms, or communications originating from or provided by the Customer.  No additional or different terms proposed by the Customer, whether in an order, email, correspondence, or otherwise, shall be binding on Moynat unless expressly accepted in writing by Moynat.

16. PERSONAL INFORMATION

When you place an order on the Website, you provide Moynat with certain personal information, including information or data that identifies you, which we collect, use, and process electronically for purposes of processing and fulfilling your order, managing payments, delivering products, providing customer service, and complying with legal obligations.  Your personal information is processed in accordance with Moynat’s Privacy Policy.  For more information on this subject, we invite you to consult our Privacy Policy within this Website at the following address https://www.moynat.com/pages/privacy-policy.  By placing an order on the Website, you acknowledge that you have read and understood the Privacy Policy and agree to the collection, use, and processing of your personal information as described therein. 

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APPENDIX 1
CANCELLATION FORM (STANDARD PRODUCTS ONLY)
TEMPLATE

(Please fill out and send this form if you intend to cancel the contract)

To the attention of MOYNAT, 348 rue Saint Honoré, 75001 Paris, onlinesales@moynat.com

I hereby notify my intention to cancel the contract of sale as per the below:

Order date:

Product receipt date:

Name of the client:

Address of the client:

Signature of the client (only if the notification of the cancellation is on a paper version of this form):

Date: