GENERAL TERMS AND CONDITIONS OF SALE
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") in the EU Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden hereinafter "the Territory").
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 written acceptance by MOYNAT. It is your responsibility to check that the information displayed in your basket accurately reflects your selection before confirming your order. After confirmation (i.e. by clicking on the "Finish shopping" button as explained below), the order will be sent to MOYNAT for processing and you will receive a confirmation email containing the main details of your order. This confirmation e-mail does not constitute acceptance of your order. After processing, we will send you an e-mail confirming your order. MOYNAT also reserves the right to require oral confirmation of orders. If we request oral confirmation of an order, you will have to give confirmation by telephone and confirmation by e-mail will not be sufficient.
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 product. Nevertheless, in the event of slight variations that may occur for technical or other reasons between the product photographed or graphically represented on the Website and the delivered product, MOYNAT cannot be held responsible for these variations, errors or inaccuracies. If you have any questions about our 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 excluded.
MOYNAT reserves the right to cancel any order for any reason whatsoever, such as in the following non-exhaustive hypotheses: (a) if one of your previous orders has been the subject of a dispute with MOYNAT; (b) if MOYNAT has reasonable grounds to consider that you (i) have violated these Terms and Conditions of Sale, (ii) have not paid for products; (iii) are engaged in fraudulent or grey market activities ( (iv) have not paid for products; or (v) resale of products through a channel not authorized by MOYNAT or its affiliates); or (vi) you 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; or (d) has the right to cancel an order under these Terms and Conditions of Sale. Any prepayment will be refunded in the event of cancellation of the order by MOYNAT.
In order to process the order, you must select the product you wish to purchase and click on the "Add to Cart" button. The selected products will then be included in the "Cart" and the order can be placed by filling in the order form and accepting the General Terms and Conditions of Sale. Before 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 Shopping" button. After placing an order, you will receive an automatic confirmation email from us confirming that we have received your order. Please note that clicking on the "Finish Shopping" button does not mean that your order has been accepted and the purchase is complete. Your order constitutes an offer to purchase a product. When you place 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 Product has been dispatched and containing the relevant tracking number (the "Order Confirmation"). We are unfortunately unable to modify an order once processed. If you wish to cancel your order, please get in touch with our Client Service Team as soon as possible.
The contract between us will only be formed when we send you the order confirmation. The contract will only be formed in respect of the Products which we have confirmed in the Order Confirmation. 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 articles offered on the Website at any time and without notice. MOYNAT will not be held responsible if a product is out of stock or unavailable for any other reason. In the event that a product you have ordered becomes unavailable after confirmation of the order, customer service or the customer adviser will inform you by telephone or e-mail as soon as possible. You will be given the opportunity to choose another product or to cancel your order. If the order consists of more than one product, the customer service or customer advisor will inform 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 product to replace the unavailable product, it will be treated as a separate order.
PRICES AND PAYMENTS
The prices of MOYNAT products are indicated in euros (EUR), all taxes included.
MOYNAT reserves the right to modify the price of the products offered on the Website at any time and without notice. The prices that will be invoiced to you are those displayed on the Internet Site at the time of the confirmation of the order by you when you click on the "Finish my purchases" button.
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 after confirmation of the order, either in full or as a deposit. The amount of the purchase price of the products in your order will be blocked on your credit or debit card but this amount will not be debited until the Order Confirmation is sent.
We only accept payment by credit and debit cards: Visa, MasterCard, American Express. You may not use credit notes or gift vouchers issued by the MOYNAT shops to purchase the products offered on the Website. All orders are payable in euros (EUR). Please note that your order must contain a delivery address located in the Territory. Orders whose delivery address is not located in the Territory will not be processed.
RESERVATION OF OWNERSHIP
Sales of the products you have ordered on the Website are subject to a reservation of ownership in favor of MOYNAT by virtue of which, until MOYNAT has received full payment for the products ordered, they remain the property of MOYNAT. In the event of a payment incident, you are obliged to return the products delivered to you immediately and at MOYNAT's first request.
PLACE OF DELIVERY
The products ordered via the Website can only be delivered in the Territory. The products will be sent to the delivery address you will have given in your order. Please note that post office boxes and mailboxes cannot be used for the delivery of our products. 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 products cannot be delivered to the hotel reception desk under any circumstances.
During the process of placing your order, MOYNAT will inform you of the delivery time as well as the different delivery options available for the products ordered. When placing the order, you will be asked to choose the delivery method. MOYNAT reserves the right to divide the products ordered into several packages and/or shipments. Although MOYNAT cannot guarantee a delivery time, it provides the following general shipping guidelines: products will generally be delivered within 10 working days from the date of order confirmation.
Subject to the stipulations of article 6 hereof for deliveries within a hotel, upon delivery, the delivery note must be signed and the package handed over by/to a person of legal age, who is at least 18 years old. You acknowledge that any person receiving the delivery of the products at the address given in your order is deemed to have done so with your authorization.
All orders placed on the Website will be delivered to you free of charge by MOYNAT with standard delivery service, and will be charged 15€ for express service
Any failure to deliver or any delivery made after 10 (ten) working days from the date of dispatch or any discrepancy between the products ordered and those delivered must be reported as soon as possible to our customer service department by telephone on +33 6 37 10 32 64, or by e-mail Onlinesales@Moynat.com
RETURN OF PRODUCTS
A) In accordance with the general stipulations or our products ordered on the Website, with the exception of those that have been personalized at your request in accordance with the provisions of point 3 of article L221-28 of the French Consumer Code (for example in the case of engraving, resizing or embossing), may be subject to withdrawal or exchange within 14 days from the date of receipt of the products by you.
All returns must be accompanied by the original invoice and returned in their original packaging. Please note that all returns and exchanges are subject to a quality control process before being accepted. Any product that has been customized at the customer's request or shows signs of wear, damage or tampering, or whose security label, if any, has been removed, will not be accepted for return. You will be refunded for products returned and accepted, and MOYNAT will pay for the cost of returning the products by providing you with a return label. You may be held liable in the event of depreciation in the value of the product due to handling that does not comply with the preservation of the quality, characteristics and, where applicable, the proper functioning of the products. Please follow the 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)
- Attach the pre-printed UPS return label provided with your order to the package. If you are reusing packaging, please be sure to remove or cover the labels from previous shipments.
- Organise with UPS locally for a drop off or a complimentary return:
- Drop off the package at a UPS collection point: https://www.ups.com/dropoff/ - Organize the pick-up at your home via the UPS Website:
https://wwwapps.ups.com/pickup/schedule - Please indicate the tracking number on your UPS label when requested in order to ensure a complimentary pick-up.
For any questions regarding your returns, please contact our Client Services on +33 6 37 10 32 64 (Monday to Saturday 10 a.m. - 5 p.m.) or e-mail us at firstname.lastname@example.org.
B) If the item you originally ordered does not meet your expectations and you would like to exchange the item for another, we are happy to assist you with an exchange. Exchanges are subject to the availability of the alternative piece and adhere to our returns policy. Should the item 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 order to arrange an exchange please contact our Client Service Team.
- Legal guarantee
As a consumer (i.e. any person acting for purposes that do not relate to his or her professional activity), you benefit from the legal guarantee of conformity, of all products sold through the Website (articles L217-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing you to return products delivered that do not conform or are defective.
The guarantor of the conformity of the products that you have ordered on the Website under the two aforementioned legal guarantees is MOYNAT Paris SAS, 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.
In this respect, we would like to point out that you have a period of two (2) years from the delivery or withdrawal of the product to assert your legal guarantee of conformity. If necessary, you will be able to choose between repairing or replacing the product, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code. You are exempt from having to provide proof of the existence of the product's lack of conformity during the two (2) years following delivery of the Product.
The legal guarantee of conformity applies independently of our commercial guarantee referred to in letter (b) of this article.
In addition, you may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code. If applicable and in accordance with article 1644 of the Civil Code, you will have the choice between cancelling the sale or reducing the sale price.
For your complete information, we remind you below of the main legal provisions concerning the guarantee of conformity and the guarantee against hidden defects:
- Article L217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. The seller is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
- Article L217-5 of the French Consumer Code: The goods are in conformity with the contract: 1. if they are fit for the use usually expected of similar goods and, where applicable : - If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
- 2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
- Article L217-12 of the French Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
- Article L217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a moveable good, to repair the goods covered by the guarantee, any period of immobilization of at least seven days is added to the remaining duration of the guarantee. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.
- Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
- Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
For any repair request, please contact our customer service department by emailing email@example.com or by telephone, by calling the +33 (0) 6 37 10 32 64.
CERTIFICATE OF AUTHENTICITY
All products purchased through the Website are strictly accompanied by our certificate of authenticity which will be given to you with the Product.
MEDIATION - APPLICABLE LAW - CHOICE OF COURT
In the event of any dispute, you must first take prior written action with MOYNAT Paris SAS in order to try to resolve the dispute.
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 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.
We are not liable for any delay or failure to perform our obligations under these 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 French jurisprudence is any external, unforeseeable, irresistible or insurmountable fact which would be beyond our control, 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 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 your aforementioned actions and will not prevent us from asserting our rights and remedies against you. For example, if you fail to fulfil your obligation to make a payment and we do not take legal action against you while we continue to sell our products to you, we may, nevertheless, still act for the payment you have failed to make until our claim is time-barred.
When you place an order, you provide us with personal data that we collect in order to process it electronically. For more information on this subject, we invite you to consult our data processing policy within this website.
These general terms and conditions are in force as from 15 March 2021.