TERMS AND CONDITIONS
Any online purchase made on the website www.mouty-paris.com is subject to prior review and to the acceptance of these general terms and conditions of sale.
Article: Products of any kind offered for sale (electronic commerce service) on the Site.
Customer: a natural person who is not a merchant and who carries out the Order and has full legal capacity.
Order: commitment to purchase all the Items selected by the Customer via the sales department of the Site.
Site: website published by MOUTY and accessible at www.mouty-paris.com.
These general terms and conditions of sale (hereinafter referred to as "GTC") apply exclusively between any Customer and the MOUTY company registered in the Paris Trade and Companies Register under number 835 109 240 00019.
Any Internet user can read the T&Cs from all the pages of the Site.
The GTC are applicable without restriction or reservation to all the Articles offered for sale on the Site.
Any Order on the Site is subject to prior and unreserved consultation and acceptance by the Customer, these GTC and the applicable rates.
The validation of an Order according to the order procedure proposed on the Site implies the acceptance of these GTC.
These GTC take precedence over any other document.
The sale of Articles on the Site is exclusively reserved for retail and private customers. Under no circumstances may the Site be used by professional Selling Customers, alone or in groups, and this regardless of or the way in which their products are marketed (internet marketplaces, shopping galleries, intermediate, physical stores in particular).
The Customer acknowledges and accepts accordingly that the items do not can be purchased only in quantities corresponding to the average needs of a consumer, both in terms of number of items ordered in a single order than the number of individual orders respecting the usual amount of an average consumer passed for the same product.
MOUTY reserves the right to refuse an order clearly validated by a professional selling customer.
All Customers declare that they are informed of the unreliability of the Internet network, especially in terms of security in the transmission of data, continuity not guaranteed in access to the Site, performance not guaranteed, not guaranteed in terms of volume and speed of data transmission and virus propagation etc.
MOUTY warns each Customer of the need to implement within his computer or his portable or mobile equipment a solution and security measures to prevent the spread of viruses.
As the T&Cs may be subject to change, the applicable conditions are those in force on the Site on the date of placing the order.
4. ARTICLE CHARACTERISTICS
The Items available for sale are those listed on the Site. Offers are valid as long as they are visible on the Site. They are offered within the limits of the availability displayed on the Site.
MOUTY reserves the right to withdraw from the sale, at any time, any Item present on the Site and/or to replace or modify any information associated with the Articles on this Site.
In the event of an unavailability of an Item, after placing an Order, the Customer is informed by email, his order being then automatically cancelled.
The characteristics of the Items sold on the Site (photographs, graphics and descriptions of the Items, etc...) are given for information only and may vary over time. Only the visual of the Article displayed at the time of the Order must be taken into account by the Customer.
In the event of errors or omissions relating to the description of an Item, MOUTY's liability is limited to taking in charge of return costs via the integrated return service.
5. ARTICLE ORDER
All orders imply an obligation to pay.
The Customer declares to be at least 18 years old and to have the legal capacity, or if he is a minor, guarantees to be the holder of a parental authorization to make the Order.
Payment of the Order constitutes acceptance of these GTC, the price of the Articles and the content of the order.
After validation of the payment, MOUTY sends the Customer an e-mail confirming his Order. Any Order is subject to MOUTY's prior acceptance and is not definitively confirmed until after the receipt by the Customer of an e-mail confirming the shipment of the Item(s).
If the Customer does not receive any email following his Order, it is up to him to contact the customer service MOUTY in accordance with the terms described in Article 13 of these GTC.
MOUTY cannot under any circumstances be held responsible in the event of an input error or the transmission of an input error not allowing the delivery of the confirmation email and/or the Articles. It is recommended that the Customer print the email confirming his Order.
For any question relating to the follow-up of an Order, the Customer must consult his customer account on the Site or contact customer service according to the terms described in Article 13 of these GTC.
The creation of a customer account:
The creation of a customer account prior to placing an order on the site is not mandatory. The customer can place your order as a guest and choose whether or not to create a customer account at the end of the validation process of payment, at the "confirmation" stage.
Any Major Customer can freely and without charge create a customer account through the section "Create a account". The creation of a customer account is carried out by the Customer who fills in the form proposed to him with his identification data.
This account is strictly personal and allows him to identify himself before validating each Order. When creating the Client Account, the Client enters the data that allows him/her to be fully identified responsibility, control and management and undertakes to provide complete, accurate and up-to-date information, and to not to impersonate any third party, or to mask or change their age.
When creating a Client Account, the Client chooses his identifier (email) and password. If the selected ID is already assigned, the system prompts the user to choose another one. Login and passwords are personal and confidential. The Customer is solely responsible for this. The Customer undertakes to keep his password secret and not to disclose it under any circumstances and for any reason what so ever.
In the event of suspicion of the use of the identifier and password by a third party, the Customer must immediately notify MOUTY to change his password and/or choose to have his customer account closed.
Closing a customer account and/or refusing to sell:
The customer is informed that he can obtain the closure of his account following his first request sent by email to MOUTY.
MOUTY reserves the right to close any customer account and/or refuse any sale to a Customer in the following cases following:
- Failure to pay for one or more previous Orders,
- Abusive, unfair or fraudulent use of the Order service offered on the Site or not respecting any of the Client's obligations as defined in the GTC.
In this case, MOUTY sends an email to the Customer concerned at the address provided by the latter during the creation process of his customer account or order informing him of the deactivation of his login and password and of the the closure of his account and/or the refusal of his order.
6. ITEM PRICES
Prices are indicated on the Site in Euro, all taxes included (including VAT), excluding contribution to processing costs and of shipping.
They take into account VAT and any discounts applicable on the day of the Order. Any new taxes or contributions, in particular environmental taxes or contributions, may be passed on in the price of sale of the Articles.
The prices of the Products are exclusive of delivery costs (postage, packaging and packing of the package according to amounts in in force). The amount of shipping costs is specified on the Site, according to the customer's choice before validating the Order. All our shipments outside the European Union are shipped duty free (HT). The taxes are to be paid by You to the receipt of the package in accordance with the laws in force in the country of destination.
MOUTY reserves the right to modify the prices of the Articles at any time, the Articles being invoiced on the basis of rates in effect at the time of validation of each Order. The price of the Items invoiced is therefore the one indicated at the time of the Order.
The Articles remain the sole property of MOUTY until full payment of the price, which is acknowledged and accepted by the customer.
7. PAYMENT OF THE ORDER
The price invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email. The Order is payable immediately, by credit card (CB, Visa, MasterCard, American Express) or Paypal.
The Customer is informed by e-mail, once the Order has been dispatched, that his invoice including delivery costs and VAT applicable, is available online on the customer account. Transactions carried out on the Site are entrusted to a secure online payment platform HiPay (All countries excluding the United States). In the United States, the site entrusts its payments to the secure platform Authorize.net.
They are secured by a solution that provides highly secure pages for data entry from Payment: card number, expiration date and visual cryptogram. This platform encrypts and then transmits these payment data to the bank, in complete confidentiality and returns them inaccessible to a third party.
8. TERMS OF DELIVERY
The Customer will receive by e-mail an Order number confirming its correct handling. The Client will be informed of the different steps of his Order by email.
Shipments are announced by e-mail to the Customer, at the e-mail address provided by the latter on his customer account.
The ordered Articles will be delivered within a maximum of 30 calendar days from the registration of the Order, subject to full payment of the price.
The Customer is offered several delivery methods chosen by the Customer, some at the Customer's expense. Thanks to the shipping number, the Customer can track the progress of his package on the website of the chosen carrier by the Client.
The Customer is informed that it is his responsibility to provide exactly all the details necessary for the proper delivery of his Order and to the perfect delivery (Access code, access specification for example).
If the Customer is absent at the time of delivery, a delivery notice informs the Customer of the terms and conditions for keeping his package and its availability, under the full and exclusive responsibility of the carrier.
If the delivery address provided by the Customer is not valid and therefore induces a return of the package for non-receipt at the address indicated, the cost of reshipping the package will not be covered by MOUTY. In this case the customer has 30 calendar days to contact customer service to arrange for the reshipment of his Order. Beyond this period, the Order will be automatically cancelled: the Customer will be informed by e-mail of the cancellation of this Order. In the event that the Order is definitively cancelled, the Customer will obtain the refund of the price paid for his Order within 14 calendar days of the cancellation confirmed by e-mail.
A delivery note is included in the package, summarizing the items ordered and actually delivered. The Customer assumes all and exclusive risks relating to the Articles from the time of their delivery.
9. DELIVERY TIMES
Articles are delivered to the delivery address indicated by the Customer at the time of the Order at the latest on the date indicated at the time of the Order and this according to the country of delivery.
MOUTY makes every effort to deliver the Order within 3 to 5 business days of the Order and undertakes to ensure that delivery is made within a maximum of 30 calendar days. During business transaction periods, delivery times may be extended.
In the event of a delay in delivery of more than 7 working days in relation to the above-mentioned maximum period, the Customer may contact MOUTY by e-mail to instruct him to execute the delivery within a reasonable additional time. In case of no respect of this new deadline, the customer may ask MOUTY by e-mail to cancel his Order. The contract and therefore the sale will be considered closed upon receipt by MOUTY of the email or a letter by which the Customer informs him of his decision unless delivery has occurred between the sending and receipt of the email or letter from the Client.
In the event that the Order is definitively cancelled, the Customer will obtain a refund of the price paid for his Order within 14 calendar days following the cancellation confirmed by e-mail.
In the event that the Customer receives the package after the cancellation of his Order, he must return the package in using the pre-paid return service. MOUTY will refund the Articles upon receipt of the full amount of these in their perfect original condition.
Each delivery is deemed to have been made as soon as the package is made available to the Customer, in particular by the carrier, materialized by the control system used by the carrier.
If the package is damaged or if the Item does not correspond to the Customer's Order, the Customer must activate in the 14 calendar days, after receipt of the order, the return procedure described in Article 10 below.
If, on the occasion of the same Order, the delivery dates of several Items differ, the delivery date is based on the latest date from the date of order.
In the event of delivery of an Item not corresponding to the Customer's Order, or of a defect related to transport, the Customer may return the said Item to MOUTY by following the procedure set out below and accessible on the Site.
Only a refund will be offered for a return. If you would like to exchange an item, please review a new order.
Once the verification of the returned Items has been completed, MOUTY undertakes to process the Customer's return as soon as possible deadlines and at the latest within thirty (30) calendar days following the date of receipt of the return package. The refund will be made to the Customer's bank account or payment account used for the payment of Articles.
Here are the return procedures:
1- Please send an email to firstname.lastname@example.org to inform us of an upcoming return with your order number.
2- Package your items with your delivery note with your order number.
3- Return the items via the carrier of your choice, taking care to choose a tracking service. Any claim will be impossible without a tracking number, the return being the responsibility of the customer.
Please send your return to :
32 nungesser et coli street
4- Your refund will be made within 72 hours upon receipt of the return.
Please contact us by filling out the contact form located on the contact page of the site or by writing to email@example.com with our order number for any question regarding a return.
If you placed your order without creating an account, contact us with your order information to proceed with a return as described above.
For the rest of the world, the customer will have to return the items via the carrier of his choice, taking care to choose a follow-up service. Any claim will be impossible without a tracking number, as the return is the responsibility of the customer.
Outside the European Union, sales and customs clearance taxes cannot be refunded by MOUTY; the customer may, however, attempt to recover these sums by contacting his most appropriate customs office directly close by. This approach is not valid in all countries, MOUTY recommends using a broker in customs if the customer wishes to recover taxes related to a returned item.
The returned products must be sent to MOUTY in a single shipment. MOUTY reserves the right not to not accept items from the same order, returned and shipped at different times.
Only new, unworn and unsoiled products will be refunded. The item must be returned in its original packaging (the "MOUTY" bag) and accompanied by the label of the garment. If the products are new, not worn, unwashed and unsoiled, the customer's return will be processed without any additional steps (refund), within a period of 14 days after receipt of his package.
The refund equivalent to the sum of the returned Items will be made via the payment method chosen for the order. The MOUTY gift box cannot be returned with the other items in the order. It is therefore not refundable.
11. RIGHT OF WITHDRAWAL
Under EC Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights in the context of distance selling contracts, as transposed in the country of Customer, the latter is entitled to cancel his order at any time within 14 calendar days following the date on which he received the products. The Customer therefore has a period of 14 calendar days from the date of receipt of his Order to exercise his right to right of withdrawal and this without having to justify reasons or pay penalties.
Once the verification of the returned Items has been completed, MOUTY undertakes to reimburse the Customer for all the costs incurred. Sums paid in respect of his Order, except for the gift box and delivery costs, as soon as possible and no later than thirty (30) calendar days following the date of receipt of the return package, into the bank account or the Customer's payment account used to pay for the Articles.
13. CUSTOMER SERVICE
For any information or question, for order follow-up, or to make use of the warranty, the Customer must contact the customer service by email by filling out the contact form located on the contact page of the site or or by writing to firstname.lastname@example.org.
The Articles are guaranteed against defects in conformity and prohibited defects under the conditions provided for in Articles 1641 to 1649 of the Civil Code and L 211-1 et seq. of the Consumer Code, as from delivery:
- Article 1641 of the Civil Code: the seller is bound by the guarantee because of hidden defects in the thing sold, which make it unfit for the use for which it is intended, or which reduce this use so much, that the buyer would not have it acquired, or would have given only a lower price, if he had known them.
- Article 1648 paragraph 1 of the Civil Code: the action resulting from the redhibitory defects must be brought by the purchaser in a two years from the discovery of the defect.
- Article L 211-4 of the Consumer Code: the seller is required to deliver goods in accordance with the contract and is liable for non-conformity existing at the time of issue. It is also responsible for any lack of conformity resulting from packaging, assembly instructions or installation where it has been charged to him by the contract or has has been carried out under his responsibility.
- Article L 211-5 of the Consumer Code: to be in conformity with the contract, the contract product must:
1/ Be specific to the use usually expected of a similar property and, if applicable:
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or his representative, in particular in advertising or labelling;
2/ Or have the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and that the latter has accepted.
- Article L 211-12 of the Consumer Code: the action resulting from the lack of conformity is prescribed after two years at from the delivery of the property.
This warranty allows the Customer to return defective or non-compliant delivered Articles for refund in the above-mentioned conditions.
15. EVIDENCE AGREEMENT
The Customer acknowledges and accepts that the Order's recording systems demonstrate all the transactions between MOUTY and the Client. The Client acknowledges and accepts that proof of acceptance of the T&Cs is characterized by checking the words : "I have read and understood I accept the general terms and conditions of sale";.
To this end, the Client acknowledges and accepts that the computerised data stored on the computer servers of MOUTY under reasonable conditions of security and integrity, are irrefutably considered, as proof of acceptance of the terms of the General Terms and Conditions and proof of all transactions between MOUTY and the Client.
MOUTY will archive purchase orders and invoices on a reliable and durable medium, in accordance with the provisions of Article 1348 of the Civil Code and guarantees access to it to the Client at any time upon request in accordance with the provisions of Article L. 134-2 of the Consumer Code.
Consequently, unless MOUTY's manifest error is proven by the Customer, the latter may not dispute the admissibility, validity or probative value of the T&Cs and the content of the Order, based on any legal provision whatsoever and which would specify that certain documents must be written or signed to constitute a proof.
Thus, this evidence constitutes evidence and, if it is produced as evidence by MOUTY in any litigation or other proceedings, shall be admissible, valid and enforceable in the same manner, in the same manner, in the same conditions and with the same probative value as any document that would be drawn up, received or kept in writing. At any time, the Customer may print, download and store on paper and electronically a copy of the T&Cs.
MOUTY reserves the right to modify the information contained in this Site at any time and without notice. MOUTY undertakes to describe with the greatest accuracy the Articles sold on the Site and to ensure in the the best possible conditions for updating the information disseminated therein. However, MOUTY cannot guarantee the accuracy, precision or exhaustiveness of the information made available to Customers within the Site.
In the event of non-substantial differences between the photos presenting the Articles on the Site, texts and illustrations and the Items ordered, MOUTY will not be held liable. The Customer acknowledges and accepts that the prices of the Articles may vary between the Website and the stores, and that under no circumstances can this price difference be used as a basis for a claim for reimbursement, either in whole or in part, of the Items purchased either on the Site or in stores.
MOUTY cannot be held liable in the event of failure to comply with one of its obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts. In particular, MOUTY shall not be held liable for any failure or delay in the execution of Orders, caused by events beyond its control ("Force Majeure").
A Force Majeure Event includes any act, event, failure to perform, omission or accident beyond the control of MOUTY and includes in particular (without limitation):
1. Strikes, closures or other industrial actions.
2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Impossibility of using transport by rail, ship, aircraft, road or other private means of transport or public.
5. Impossibility of using public and private telecommunications networks.
6. Acts, decrees, legislation, regulations or restrictions of any government.
7. Strikes, malfunctions or accidents in maritime, postal or other transport.
The execution of the T&Cs will be suspended for as long as the Force Majeure Event and the execution and delivery deadlines last will be extended accordingly. MOUTY will endeavour as far as possible to put an end to the case of Force Majeure or to find a solution enabling it to fulfil its contractual obligations despite the case of Force Majeure. MOUTY is only liable for any direct and foreseeable damage at the time of use of the Site or the conclusion of the sales contract with the Customer, excluding any indirect damages.