GENERAL CONDITIONS OF SALE (GTCS) / MOM-DESIGN.COM
Definitions
We will designate by the following:
Site': the http://www.MOM-DESIGN.COM website and all its pages.
Vendor': BLOOMS DECOR SARL, RCS Paris 850731993, headquartered at 209 avenue de la république, 93 800 Epinay-sur-seine, France.
‘Products’ : the set of products (hardware) and services (intangible) that it is possible to buy or to which it is possible to subscribe on the site.
‘Editor’ : The person, physical or legal, responsible for the editing and content of the site and presented in the legal notice of the site.
‘User’ : The internet user visiting and using the site.
‘Client’ or ‘Customer’ : The user making a purchase of a product or service on the site.
Information required by the act of confidence in the digital economy, and purpose of the site
This site is published by BLOOMS DECOR SARL.
The legal information of the host and the editor of the site, including contact details and any information capital, and registration, are provided in the imprint of this site.
Information regarding the collection and processing of personal data (policy and declaration) is provided in the charter of the personal data of the site.
This site offers online sales of ceramic tiles.
The site is open access and free to all internet users. The acquisition of a good or service, or the creation of a member space, or more generally browsing the site supposes the acceptance, by the user, the entirety of these terms and conditions, which recognizes the same fact had been fully aware of it.
The acceptance of these general conditions is assumed on the part of users that they have the legal capacity necessary to do this. If the user is a minor or does not have this legal capacity, he declares to have the permission of a guardian, a trustee or his or her legal representative.
Article 1 - Full
1.1 these general terms and conditions express the integrality of the obligations of the parties. In this sense, the buyer is deemed to accept without reservation.
1.2 the seller and The buyer agree that these terms and conditions exclusively govern their relationship. The seller reserves the right to modify time its terms and conditions. They will be applicable as soon as they are online.
1.3 If a condition of the sale were to default, it will be considered to be governed by the procedures in force in the area of distance sales companies which have headquarters in France.
Article 2 – Object
2.1 these general terms and conditions are intended to define the rights and obligations of the parties in the framework of the online sale of goods and/or provision of service delivery offered by the seller to the buyer.
2.2 these conditions apply only to purchases made by buyers located in France or Belgium and is shipped exclusively within the territory of French or belgian. For any delivery outside of these territories, it is appropriate to report it to get a specific quotation, by sending a message to contact@mom-design.com
Article 3 – order
3.1 The buyer has the option to place an online order from the catalog online and in the form that appears there.
3.2 By validating his / her order, the buyer accepts the present general terms and conditions. He will also need to choose the address and the mode of delivery, and finally validate the mode of payment.
3.3 Any order implies acceptance of the prices and product descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.
3.4 In certain cases, notably non-payment, incorrect address or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.
3.5 In the event of unavailability of an ordered product, the buyer will be informed by e-mail.
3.6 The order for this product will then be cancelled and reimbursed if necessary, with the remainder of the order remaining firm and definitive.
3.7 For any question relating to the follow-up of an order, the purchaser must call 01.53.19.12.58 (cost of a local call) from Monday to Friday from 10am to 12pm except public holidays or send an e-mail to contact@mom-design.com.
Article 4 - Electronic signature
4.1 The on-line provision of the purchaser's credit card number and the final validation of the order shall constitute proof of the purchaser's agreement in accordance with the provisions of the law of March 13, 2000, and shall constitute :
- payment of sums due under the purchase order,
- signature and express acceptance of all operations carried out.
4.2 In the event of fraudulent use of the bank card, the purchaser is invited to contact the seller's customer service department by e-mail at contact@mom-design.com as soon as the fraudulent use has been detected.
Article 5 - Order confirmation
5.1 The seller shall provide the buyer with a copy of the contract, on paper signed by the parties or on another durable medium, confirming the express commitment of the parties.
Article 6 - Proof of transaction
6.1 Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 7 - Product information
7.1 The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.
7.2 The products are described and presented as accurately as possible. However, the seller cannot be held liable for any errors or omissions in this presentation.
7.3 Product photographs are not contractual.
Article 8 - Prices
8.1 The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
8.2 Prices are indicated in Euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment in full must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.
8.3 If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.
Article 9 - Method of payment
9.1 This is a payment order, which means that the placing of the order implies payment by the buyer.
9.2 To pay for their order, purchasers may choose from any of the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress. The seller has set up an order verification procedure designed to ensure that no-one uses another person's bank details without their knowledge.
9.3 As part of this verification, the purchaser may be asked to send a copy of his or her identity card and proof of address to the seller by e-mail. The order will not be validated until the seller has received and verified the documents sent.
9.4 The seller shall not receive any payment or consideration in any form whatsoever from the buyer until 7 days after the contract has been concluded.
Article 10 - Product availability - Refunds
10.1 Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the site's home page, shipping times will be as indicated below, while stocks last. Delivery times run from the order registration date indicated on the order confirmation e-mail.
10.2 For deliveries in Metropolitan France, the delivery time is 15 working days from the day following that on which the buyer placed the order.
10.3 In the event of non-compliance with contractual deadlines, the buyer may cancel the contract by registered letter with acknowledgement of receipt, after having requested the seller to make the delivery or provide the service within a reasonable additional period. However, if he so wishes, the purchaser may immediately cancel the contract, if the dates or deadlines referred to above constitute for him an essential condition of the contract.
10.4 In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
10.5 In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order. The purchaser will then have the choice of requesting either a refund of the sums paid within 30 days of their payment, or an exchange of the product.
Article 11 - Delivery terms
11.1 Delivery is only made after confirmation of payment by the seller's bank.
11.2 Products ordered are delivered by an independent carrier, depending on the weight and size of the products ordered and at the sole initiative of the seller. Delivery is made to the property line, at the foot of the truck. The carrier will arrange a delivery date by telephone with the purchaser, which may be set for up to half a day. The presence of the buyer or a person authorized by the buyer is essential at the time of delivery.
11.3 No deliveries are made on floors, and no unloading of pallets is foreseen at the time of delivery by the carrier. Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. At the buyer's request, an invoice can be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
11.4 If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
11.5 The purchaser must indicate on the delivery note, in the form of handwritten reservations accompanied by his/her signature, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken product, etc.).
11.6 This verification is considered to have been carried out once the purchaser, or a person authorized by him, has signed the delivery note.
11.7 The buyer must then confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s) at the latest, and send a copy of this letter by email or post to the seller at the address given in the site's legal notice.
11.8 If products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery, by registered letter to the address provided in the site's legal notices. Any claim made outside this period will not be accepted. Returns will only be accepted in their original condition.
Article 12 - Delivery errors
12.1 The buyer must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the products in kind or in quantity in relation to the information given on the order form. Any claim made after this deadline will be rejected.
12.2 Complaints may be made by sending an e-mail to the following address: contact@mom-design.com
12.3 Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility with respect to the purchaser.
12.4 Upon receipt of the claim and if validated, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.
12.5 In the event of a delivery error on the part of the seller, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, to the address provided by the seller in the e-mail accepting the claim.
12.6 Return shipping costs are at the seller's expense.
Article 13 - Member area
13.1 The user registered on the site (member) has the possibility of accessing it by logging in using his/her identifiers (e-mail address defined at the time of registration and password) and by using systems such as third-party social network login buttons. Users are entirely responsible for protecting their chosen password. Users are encouraged to use complex passwords. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section, and the user is therefore prohibited from transmitting or communicating it to a third party. Failing this, the site editor cannot be held responsible for unauthorized access to a user's account.
13.2 The creation of a personal space is a prerequisite to any order or contribution by the member on the present site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information.
13.3 The purpose of data collection is to create a "member account". This account enables the customer member to consult all orders made on the site. Should the data contained in the member account section disappear as a result of a technical failure or force majeure, the site and its publisher cannot be held liable, as this information has no probative value and is for information purposes only. Member account pages are freely printable by the holder of the account in question, but do not in any way constitute proof. They are for information purposes only, to ensure efficient management of orders or contributions by the member.
13.4 The editor reserves the exclusive right to delete the account of any member who has contravened the present general terms and conditions (in particular, but without this example being exhaustive, when the member has knowingly provided erroneous information when registering and setting up his personal space) or any account which has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result. Such exclusion is not exclusive of the possibility for the editor to take legal action against the member, where the facts justify such action.
Article 14 - Use of cookies
14.1 A "Cookie" enables the identification of the User of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site may use "Cookies" mainly to 1) obtain browsing statistics in order to improve the User's experience, and 2) enable access to a member's account and to content that cannot be accessed without logging in.
14.2 The User acknowledges that he/she is aware of this practice and authorizes the site editor to use it. 14.3 The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition. The User may refuse the recording of "Cookies" or configure his/her browser to warn him/her before accepting "Cookies". To do this, the User must configure his or her browser:
- For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari: https://support.apple.com/fr-fr/ht1677
- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 15 - Product warranty
15.1 BLOOMS DECOR Sarl, 209 avenue de la république, 93800 Epinay-sur-seine, is the guarantor of the conformity of the goods to the contract, allowing the purchaser to make a claim under the legal guarantee of conformity provided for in Articles L. 211-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold within the meaning of Articles 1641 et seq. of the French Civil Code.
15.2 In the event of implementation of the legal warranty of conformity, it is recalled that :
- The buyer has a period of 2 years from delivery of the goods to take action;
- The buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the French Consumer Code;
- The buyer does not have to prove the existence of a lack of conformity for 6 months following delivery.
15.3 You are also reminded that :
- The legal warranty of conformity applies independently of the commercial warranty indicated below;
- The buyer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, he/she may choose between rescinding the sale or reducing the price, in accordance with article 1644 of the French Civil Code.
15.4 The products sold are covered by a commercial warranty aimed at guaranteeing their conformity and ensuring reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by normal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
15.5 Product dimensions, weights, colors and shades are subject to unavoidable variations and are therefore subject to the usual tolerances (for more information on these tolerances, please refer to the website of the Centre Scientifique et Technique du Batiment or to standard NF EN 14411). These data are provided for information purposes only, without any formal guarantee on our part.
15.6 The surface areas indicated per carton include joints.
15.7 We recommend that you check each product before use. No complaints regarding products will be accepted after use.
15.8 The foregoing provisions are not exclusive of the application of the legal warranty of conformity under article L 211-4 of the French Consumer Code and the warranty for defects in the goods sold under articles 1641 et seq. of the French Civil Code. The purchaser is expressly informed that the seller is not the producer of all the products presented within the meaning of law no. 98-389 of May 19 1988 concerning liability for defective products.
Article 16 - Right of withdrawal
16.1 In accordance with the provisions of the French Consumer Code, the buyer has a period of 30 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
16.2 Only products returned in their entirety, in their original packaging, complete and undamaged, and in perfect condition for resale, will be taken back. Any product that has been damaged or whose original packaging has been damaged will not be reimbursed or exchanged.
16.3 This right of withdrawal is excluded for :
- contracts for services whose execution has begun, with the buyer's agreement, before the end of the withdrawal period;
- contracts for goods or services whose price depends on financial market rates;
- contracts for goods which, by their nature, cannot be reshipped or may deteriorate or expire rapidly;
- video cassettes, cd's, dvd's if they have been opened by the buyer;
- the press.
16.4 In accordance with Article L121-17 of the Consumer Code, ("Hamon Law") of June 2014, the Customer can find below a standard withdrawal form for an order placed on the site, to be sent to BLOOMS DECOR by registered mail with acknowledgement of receipt. It is understood that the customer will bear the cost of returning the goods in the event of retraction, as well as the cost of returning the goods if, due to their nature, they cannot normally be returned by post, and that this retraction can only take place under the retraction conditions stipulated in these general terms and conditions of sale.
———-
Attention: Blooms Decor, 209 avenue de la république, 93800 Epinay-sur-seine, France
Customer's full name and address :
Mail date :
Subject: Withdrawal
Dear Sir/Madam,
I wish to take advantage of my right of withdrawal under Article 121-17 of the Consumer Code, concerning the contract relating to the order placed with your company on the website http://www.MOM-DESIGN.COM and relating to the following good:
Order date :
Total amount incl. VAT :
We look forward to your full cooperation,
Yours sincerely
Signature :
—————
Article 17 - Returns procedure - Refunds
17.1 Once the buyer has communicated his decision to withdraw, he has 30 days to return the goods.
17.2 Once the seller has been notified of the buyer's wish to withdraw from the contract, the seller undertakes to inform the buyer as soon as possible of the address to which the goods are to be returned, so that the buyer can organize the return of the goods.
17.3 The product must be returned to the seller, whole, undismantled and in its original packaging, to the address provided by the seller.
17.4 This right of withdrawal is exercised without penalty, it being understood that the cost of return is at the purchaser's expense. In the case of an exchange, the return will be at the purchaser's expense.
17.5 The seller shall reimburse the buyer for all sums paid, including delivery costs, without undue delay and no later than 14 days following the date on which it is informed of the consumer's decision to withdraw. The seller may, however, defer reimbursement until recovery of the goods or until the buyer has provided proof of shipment of the goods.
17.6 In the event of refusal of an order by the purchaser at the time of delivery, without a valid reason (e.g. ordering error on the part of the purchaser), the cost of returning the goods will be borne by the purchaser on the basis of a flat-rate charge of €90 per pallet. These costs will be deducted by the seller when refunding the order, once the goods have been returned to stock.
Article 18 - Samples
18.1 The customer may request a sample on site, up to a limit of one item per reference and 10 items in total.
18.2 The price of the sample is that displayed on the corresponding product page. This price represents a contribution to handling and packaging costs. The seller undertakes to reimburse these costs to the purchaser, in the event that the sending of the sample results in an order for products on the part of the customer. A maximum of 3 samples will be reimbursed.
18.3 The sample is a cut-out of a 15x15cm, 14x14cm or 20x20cm tile. Under no circumstances should it be considered as a finished product.
18.4 The sample is delivered to the customer to help him appreciate certain characteristics of the product, particularly its texture. There may be variations in shade between the sample and the products subsequently delivered. As these variations are specific to the ceramics industry, they do not entitle the customer to any claim.
Article 19 - Force Majeure
19.1 Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.
19.2 The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
19.3 Force majeure is defined as any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties and beyond their control, despite all reasonable efforts to the contrary. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
19.4 The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.
Article 20 - Partial non-validation
20.1 If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 21 - Non-waiver
21.1 The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed as a waiver of the obligation in question for the future.
Article 22 - Title
22.1 In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings shall be declared non-existent.
Article 23 - Applicable law
23.1 These general terms and conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer shall first contact the seller to find an amicable solution. Failing this, the purchaser may institute proceedings before the court of his choice.
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Offices and headquarters :
209 avenue of the republic
93800 Epinay sur Seine
Tel: +33 6 63 12 08 08
contact@mom-design.com
SIREN: 850731993
VAT: FR33850731993
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