These general conditions of sale are concluded on the one hand by the MosAiles Shop brand, represented by Michel Schatz (SIRET number 790202055) whose head office is located at 51, rue de la Gare 57330 ZOUFFTGEN, which we will call "MosAiles" and on the other hand, by any natural or legal person, called "customer" and having placed an order on the website.
These general and special conditions of sale apply to all services provided by MosAiles.
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered to the consumer by MosAiles.
These general conditions of sale come into force on the date of validation (signature) of the order form by the consumer.
These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed.
An order is not validated and no payment can be made until the customer ticks the box "I have read the general and special conditions of sale and I adhere to them without reservation". As a result, the customer acknowledges having read these general and special conditions and fully accepts the clauses of the contract.
He is, by this procedure, perfectly informed that the content of these general and specific conditions does not require a handwritten signature and that the "double click" associated with the procedure of authentication, non-repudiation and protection of the integrity of messages constitutes an electronic signature.
Subject to the legislation in force, these conditions of sale will prevail over any other general or specific conditions not expressly approved by MosAiles.
The customer or the beneficiary, called consumer, declares to have the full legal, physical and mental capacity allowing him to engage under the present general and particular conditions of sale.
The consumer has the option of saving or editing these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility, these said conditions being liable to be modified by MosAiles In In this case, the applicable conditions will be those in force on the site during the validation of the order by the consumer.
The online store set up by mosailes via its website mentions the following information:
• precise MosAiles identification
• presentation of the essential characteristics of the goods offered
• indication, in euros (including tax) of the price of the goods
• the tariff for administrative costs and delivery costs
• indication of payment terms
• the existence of a right of withdrawal
These general conditions of sale express the entirety of the obligations and rights of both parties. In this sense, the consumer accepts without reservation all the provisions provided for in these said conditions.
For its part, MosAiles undertakes to respect its role as a seller within the framework of these same conditions.
The computerized registers (except information relating to credit cards) are kept in the MosAiles computer systems under reasonable security conditions and will be considered as proof of communications, orders and payments between the parties.
MosAiles presents on its website the products and services for sale as well as their descriptions.
MosAiles reserves the right to modify its prices at any time, without notice, it being specified that the Products are invoiced on the basis of the prices indicated at the time of the validation of the order except manifest error of typography on the Website (such as an abnormally low or abnormally high price).
The prices of the site are indicated in euros, do not include administrative costs or shipping costs, invoiced in addition. This information is indicated before the final validation of the purchase order.
The prices are subject to French VAT and any change in the legal rate of this VAT will be implicitly passed on to the price of the products presented on the MosAiles site, on the date stipulated by the decree of application referring thereto.
Product offers are valid within the limits of available stocks, the indication of the availability of a Product being provided at the time of placing the order.
In case of unavailability of a Product after validation of the order, the customer will be informed by email and may, at his option, opt for:
– another Product. If the price of this Product is higher, he will be asked to pay the difference. If the price is lower, the balance will be refunded or will be credited.
– reimbursement of the unavailable Product. With the express agreement of the Customer and provided that this does not entail any additional costs
– the issue of a credit note to be used for a future order. In the absence of express agreement from the customer on the issue of a credit note, it will be fully refunded.
The prices are subject to revision, in particular to take into account variations in the cost of raw materials and/or other elements entering into the cost price of the products, both with regard to the prices and these conditions and the special conditions. stopped for the sale transaction.
In the event that MosAiles is forced to modify the price initially stipulated when ordering, the customer will receive the following information by email:
– Impact on the total amount invoiced
– Choices offered:
1. termination of the sales contract and refund without penalty within 14 days of the sums paid.
2. acceptance of the proposed price change and payment of the supplement.
The offers presented by MosAiles are only valid within the limits of available stocks. MosAiles will inform the consumer in the event of a shortage of stock and will offer him a replacement product or reimburse him.
The products offered and the applicable standards comply with the French legislation in force. The photographs, texts, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, MosAiles cannot be held liable in the event of an error or omission in one of these photographs or texts, information or product characteristics.
MosAiles retains full ownership of the products sold until full receipt of all sums owed by the consumer in connection with his order, including costs and taxes.
The transfer of ownership of goods purchased from MosAiles by the consumer to a third party will not be borne by MosAiles.
Only the original purchaser of this property may claim to access the clauses of these general conditions of sale.
Any order paid by check or bank transfer will only be processed upon receipt and verification of payment, the period for booking items not exceeding 3 working days.
The availability and shipping times will be reconsidered from the date of registration of the payment.
The consumer must verify the completeness and conformity of the information concerning the delivery address that he provides to MosAiles. The latter cannot be held responsible for any input errors and the consequences that would result from them, such as a delay and/or a delivery error. In this context, all costs incurred for the return of the order will be entirely borne by the consumer.
Depending on the value of the package, the system offers the consumer the choice between a delivery method with insurance and tracking or without insurance and without tracking. By choosing the second option, MosAiles will not be held responsible in the event of non-delivery of the package.
The consumer will be informed by e-mail or by telephone of the imminence of the delivery concerning his order.
Insofar as all the products are in stock, the order will be executed by MosAiles at the latest within 5 days from its validation date (payment received and order verification procedure carried out).
MosAiles undertakes to inform the consumer of any change in his order relating to the time, price, characteristics, in order to leave it to the latter to decide to modify his order accordingly.
The MosAiles entity will not incur any liability for any consequential damages such as operating loss, loss of profit, damages or costs, which may arise from the purchase of the products.
In the event of unavailability of the product ordered, the consumer will be informed as soon as possible and will have the possibility of modifying or canceling his order. The consumer will then have the choice of requesting either a refund of the sums collected (intervening within 30 days at the latest following the date of cancellation of the order), or, where applicable, an exchange of a product of equivalent characteristics and price, in agreement with MosAiles.
In case of impossibility of exchange, MosAiles reserves the right to cancel the consumer's order and to reimburse the sums collected.
The consumer has 14 days to cancel his order. If the product has already been delivered, the return costs will be at his expense. The restocking costs for products ordered especially for the consumer will be a flat rate of 3% of the price of the order.
Payments are cashed immediately after validation of an online order.
MosAiles reserves the right to refuse a delivery or to honor an order from a consumer with whom a payment dispute remains (partial or total absence of payment of an order).
The consumer guarantees to MosAiles that he has the necessary authorizations to use the method of payment he chooses when validating the order form.
The consumer remains advised that MosAiles cannot be held responsible for any embezzlement or fraudulent use of any means of payment that has not been detected.
Availability and shipping times will be reconsidered from the date of validation of payment. In the case of a credit card or Paypal type payment, the validation is immediate. In the case of payment by bank transfer or check, this delay may take up to one month due to the additional processing of verification of funds.
Full payment must be made when ordering. At no time can the sums collected be considered as a deposit or down payment.
MosAiles recommends that the consumer ensure the solvency of his payment before validating his online order and notably reserves the right to refuse delivery in the event of a payment dispute on an order (including refusals to authorize payment of from financial institutions).
MosAiles reminds the consumer that any payment by credit card passes through a secure system and that no credit card number is kept in its files.
An order is considered settled when all the products have been delivered and the consumer has fully paid his invoice.
The customer will make sure of the space necessary for the passage of the objects for his delivery.
The products are delivered to the address indicated by the consumer on the sound of order.
Depending on the weight and/or volume of the products. MosAiles reserves the right to make deliveries in several instalments.
The consumer has the legal and contractual obligation to check the physical condition and the contents of his delivery in the presence of the deliverer. As a reminder, parcels travel at the risk and peril of the recipient.
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged or broken product, etc.) must imperatively be indicated on the delivery note in the form of "handwritten reservations" detailed, dated, explicit and accompanied by the consumer's signature.
Only the damages and anomalies mentioned in the reservations made by the consumer will be taken into account in the resolution of the dispute.
The consumer has 14 working days after the date of delivery to file a complaint for error of delivery and/or non-conformity of products with MosAiles.
Any complaint made beyond this period of 14 working days cannot be taken into account and will release MosAiles from any liability vis-à-vis the consumer.
Pending resolution of the problem, the products must be kept as they are in their original boxes and packaging.
The consumer is informed that the documents related to the parcel(s) may be claimed from him and must therefore remain in possession of all the elements received until the dispute has been completely resolved.
When the consumer chooses a withdrawal in store rather than a delivery by carrier, he undertakes to recover his property within 3 days following the withdrawal request from MosAiles. The latter will be done by email, sms or registered letter with acknowledgment of receipt.
After this period, MosAiles reserves the right to request storage costs at the exclusive expense of the customer. The amount of these costs is set at €15/day.
Without news from the consumer after 360 days, the products ordered will become the property of the seller.
In the event of late delivery exceeding 30 days after payment of an order, MosAiles will offer the consumer a refund of the sums collected relating to his order according to the terms of these general conditions of sale.
MosAiles cannot be held responsible for the temporary non-execution of an order or delivery in the event of out of stock or unavailability of the product, force majeure, disruption, total or partial strike, in particular of postal services, means of transport , communications, flood or fire.
MosAiles grants the consumer a withdrawal period of 14 calendar days to request the return of the product(s) ordered. The costs of returning the products will be borne by the consumer.
Any product subject to withdrawal by the consumer must be returned to MosAiles in new condition and suitable for resale.
Any product that has been damaged or is incomplete will not be refunded or exchanged.
If the order is canceled by the consumer before the goods are sent, the full payment paid on the day of purchase (including any delivery costs) will be refunded.
In the event of partial cancellation, the sum withheld is calculated on the basis of the amount of the products reimbursed (including any associated delivery costs).
Any special conditions of sale such as "free shipping above a certain purchase amount" will be canceled in the event of partial or complete withdrawal by the customer.
The customer is responsible for returning the unwanted equipment at his own expense and will provide proof of the shipment to MosAiles
This right of withdrawal is exercised without penalty, with the exception of the fixed costs of packaging and postage which remain the responsibility of the consumer.
In case of exercise of the right of withdrawal, MosAiles will make every effort to reimburse the consumer within 15 days of receipt of the return. The consumer will then be reimbursed by bank transfer.
A guarantee is only applicable within the framework of full payment of the order.
The warranty for second-hand or sale products does not exceed the withdrawal period.
MosAiles guarantees the consumer against hidden defects that may affect the products delivered. A refund may be considered after examination of the product by MosAiles. In the event that the consumer is found to be responsible for any damage, no refund will be considered.
The consumer must check the items upon delivery.
Any product whose warranty period has expired will not be supported by MosAiles even if it is removed from the store after its warranty period.
The consumer is expressly informed that MosAiles is not the producer of the products presented on the website.
Consequently and in the event of damage caused to a person or property by a defect in the product, only the responsibility of the producer of the latter may be sought by the consumer.
Hypertext links may refer to sites other than that of MosAiles, which disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.
In accordance with the law relating to the protection of individuals with regard to the processing of personal data, all Internet users have the right to access and rectify or delete personal information concerning them by sending a letter to MosAiles.
These general conditions are subject to French law. This is the case for rules of substance as well as for rules of form.
In the event of a dispute or complaint, the consumer will first contact MosAiles to obtain an amicable solution.
Update January 2021