These general conditions of sale are concluded between:
Simplified joint stock company
Intra-community VAT: FR56833950660
RCS PARIS 833950660
hereinafter referred to as " Seller »
Anyone wishing to make a purchase via the Seller's website, at https://www.mosthome.co,
hereinafter referred to as " The customer »
ON THE OTHER HAND.
ARTICLE 1: OBJECT
These General Terms and Conditions of Sale are intended to define the contractual relationship between the Seller and the Customer , and the conditions applicable to any purchase made through the Seller's merchant site https://www.mosthome.co/ , hereinafter referred to as "the Site".
By these General Conditions of Sale, the Customer is prohibited from any purchase for resale, within the meaning of Article L 110-1 of the Commercial Code
The Customer must be at least 18 years old and have the legal capacity or hold parental authorization allowing him to place an order on the Site.
The acquisition of a product through the Site implies full acceptance by the Customer of these General Conditions of Sale. These will prevail over any other general or specific conditions of the Customer.
The Seller reserves the right to modify these General Conditions of Sale at any time. It is, however, agreed that the Conditions applicable to the Customer will be those in force on the date of his order on the Site.
These General Conditions of Sale are the exclusive property of the Seller. Any reproduction, even partial, is strictly prohibited.
ARTICLE 2. DESCRIPTION OF PRODUCTS
The products offered are presented on the Seller's Site.
The photographs possibly matching the presentation of the products are as faithful as possible but cannot ensure a perfect similarity with the product offered and present, in certain cases, presentation suggestions of which all the elements constituting the photographs are not systematically proposed. on sale.
It is specified that the products offered comply with the regulations in force relating to the composition of the products, in the sense that they comply with the health and safety of consumers.
ARTICLE 3. PRICE
The prices indicated by the Seller at the time of the order are denominated in Euros including tax, according to the VAT at the rate in force on the day of the order. Any rate change will be reflected without delay in the price of the products offered.
The Seller reserves the right to modify its prices at any time, it being understood, however, that the prices presented on the Seller's site on the day of the order will only be applicable to the Customer.
Prices shown include order processing fees.
The transport and delivery costs applied are those indicated on the Site at the time of the order.
The sale price is due upon order.
The order can be paid by the following means:
- by bank card (Carte Bleue, Visa, Eurocard, Mastercard accepted in France), thanks to the secure server STRIPE and thanks to the SSL protocol, the Seller offers fully secure online payment.
The Customer's bank card number is therefore only sent to the bank's servers, in a secure environment.
An invoice showing the VAT will be sent by the Seller to the Customer on simple request from the latter addressed to the Seller.
ARTICLE 4. ORDER PROCESS
The Customer wishing to place an order on the Seller's Site must:
- create an account by providing the information requested on the Site (namely: surname, first name, postal address, e-mail address, telephone number).
- consult the item sheets and add the desired items to your basket
- validate the basket
- correct any typing errors
- validate the order
- choose and confirm your payment method
It is the Customer's responsibility to ensure the accuracy of the information provided, for which he is solely responsible.
The Seller will immediately communicate to the Customer by e-mail the confirmation of the registered order.
All the data provided and the recorded confirmation constitute proof of the transaction.
The Seller will archive orders and order confirmations on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of article 1348 of the Civil Code.
The Seller's computerized registers will be considered by the Parties as proof of communications, orders, payments and transactions between the Parties.
It is specified that the Seller has signed a distance selling contract with his bank. The banking transaction is secure and, in no way, the Seller keeps banking information on the Customer.
Finally, it is specified that the Seller reserves the right to refuse an order presenting an abnormal nature, in particular with regard to the quantities ordered.
ARTICLE 5. DELIVERY
The Products presented on the Seller's site can be delivered worldwide.
Deliveries are made to the address indicated by the Customer for this purpose.
The maximum delivery time of a product from the order is indicated in the description of the product, prior to the order.
In the event of a group purchase of several products, the delivery time applicable to the entire order corresponds to the longest time indicated for one of these products.
The delivery deadline will be specified in the order confirmation email.
Under no circumstances may the delivery time exceed 30 days.
If the delivery deadline is exceeded by more than seven days and not due to a case of force majeure, the Customer may cancel his order by registered letter with acknowledgment of receipt, within sixty working days from the date specified for delivery.
The cancellation of the order will be effective upon receipt by the Seller of the letter by which the Customer informs him of his decision, if the delivery has not taken place between the sending and the reception of this letter.
Reimbursement will be provided by the Seller, according to the means of payment of his choice, within a maximum period of thirty days from the date on which the Customer will have informed the Seller of the cancellation of the order.
The Customer is nevertheless entitled to opt for another method of reimbursement.
ARTICLE 6. UNAVAILABILITY OF PRODUCTS
In case of unavailability of the product ordered in stock, the Seller will inform the Customer by e-mail, as soon as possible and the price will be refunded to the Customer, within thirty days of payment of the sums he has paid.
The Customer will then have the possibility of obtaining a refund (within 30 days of payment of the sums he has paid) or an exchange of the unavailable product for an equivalent product. In this case, the return costs will be borne by the Seller.
ARTICLE 7. LIABILITY
The Seller may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the Customer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.
The Seller cannot be held responsible in the event of a computer bug occurring during his order, linked to the Customer's internet connection.
ARTICLE 8. WARRANTY
All products supplied by the Seller benefit from the legal guarantee provided for in articles 1641 and following of the Civil Code.
In addition, the Customer also benefits from the guarantee of conformity of the products, provided for by articles L. 211-4 and following of the Consumer Code.
In the event of non-compliance of a product sold, the Customer will have the choice between repairing or replacing the product.
However, if the Customer's choice entails a manifestly disproportionate cost for the Seller, he may proceed according to the method of his choice.
If the repair and replacement of the product are impossible, the Customer may return the product and be reimbursed the price.
Reimbursement of the price is also possible if the solution requested by the Customer cannot be implemented within one month of the buyer's complaint.
In any case, the application of the guarantee for non-conformity of the product will take place at no cost to the Customer.
All complaints under this article must be made by post to the following address: 229, rue Saint-Honoré
75001 Paris or by email at the following address: email@example.com
ARTICLE 9. INTELLECTUAL PROPERTY
All the elements of the Site, in particular all the graphic, sound, textual, video elements, including the underlying technology and the presentation of the products, are the exclusive property of the Seller.
The Customer is therefore formally prohibited from proceeding with any reproduction, representation or distribution, even partial, of any particular element forming an integral part of the Seller's website.
All reproductions and representations of the Site are subject to the express and prior agreement of the Seller.
Failure to comply with this obligation constitutes an infringement engaging the civil and criminal liability of its author.
Similarly, any process, in particular relating to the technique of framing or deep-linking is formally prohibited, except with express, special and written authorization issued by the Seller.
The name “MOST” has been the subject of a trademark registration with the INPI (Deposit n°4389710). Consequently, any reproduction of this mark by the Customer, not authorized by the Seller, constitutes an act of infringement liable to criminal and civil proceedings.
The Customer therefore refrains from infringing on the “MOST” brand. It is strictly forbidden to use or reproduce the name of "MOST", in any capacity whatsoever, and on any medium whatsoever, without the prior written consent of the Seller.
ARTICLE 10. PERSONAL DATA
The Seller informs the Customer that his personal data is recorded and that the Seller has taken the prior steps with the CNIL concerning the processing of this data, in accordance with the provisions of the Data Protection Act No. 78-17 of January 6. 1978.
The Customer is informed that his data is subject to processing allowing the Seller to be able to offer him the various services offered by the Site.
Thus, the processing of the Customer's personal data has been declared to the CNIL under the number: [Awaiting allocation].
In accordance with the provisions of article 27 of the Data Protection Act of January 6, 1978, the Customer has a right to access, modify, rectify or delete his collected data by simply contacting the Seller at following address: MOST SAS 229, rue Saint-Honoré 75001 Paris .
The Seller certifies to the Customer that his data is stored on the territory of the European Union, and more precisely in France.
The data transmitted by the Customer is not communicated by the Seller to third parties and is not used for commercial prospecting purposes.
The Customer is informed that his connection information and, in particular, the pages consulted and the IP addresses are kept for the legal period, namely: one year.
ARTICLE 11. RIGHT OF WITHDRAWAL
Any Customer, considered as a consumer within the meaning of the Consumer Code, ordering on the Seller's Site for non-professional needs, benefits from a withdrawal period of thirty days from the delivery of the order to return the product to the Seller. with a view to its reimbursement, without penalties, the return costs are borne by MOST SAS.
The product must be returned in its original condition and packaging, new, unworn and unwashed.
However, the Customer is informed that the right of withdrawal does not apply to products made according to the Customer's specifications such as products made to measure or personalized.
ARTICLE 12. WAIVER AND TOLERANCE
It is formally agreed between the contracting parties that any tolerance or waiver by one of the Parties in the application of all or part of the commitments provided for herein, regardless of the frequency and duration, may not constitute a modification of the present, nor generate any right.
More specifically, no delay or no inaction, abstention or omission on the part of the Seller in the exercise of any of its rights under the terms hereof will infringe the said rights, nor will it be considered as implying on its part a waiver of his rights.
ARTICLE 13. ENTIRETY
These general conditions express the entirety of the obligations of the parties.
No indication, no document, can generate obligations hereunder, if they are not the subject of an amendment signed by both parties.
No correspondence prior to the signing of these presents can give rise to obligations under the said contract.
ARTICLE 14. PARTIAL NON-VALIDITY
If a particular stipulation of the present is held to be invalid, or declared as such by a decision having the force of res judicata of a competent jurisdiction, the other stipulations will retain all their force and scope, with the exception of the cancellation of the articles 3, 7 and 8, considered by the parties to be essential.
ARTICLE 15. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are subject to French law.
In the event that a dispute arises between the parties as a result of the execution or interpretation of these presents, the parties agree prior to any legal action that any claim will be the subject of a prior formal notice by registered mail. with request for acknowledgment of receipt.
Any party may then, after a period of ten days following the sending of the letter referred to in the preceding paragraph, initiate any useful procedure.