General terms and conditions of sale
These general conditions express the entirety of the obligations of the parties.
The buyer is therefore deemed to accept them without reservation.
Molli and the buyer agree that these general terms and conditions exclusively govern their relationship. Molli reserves the right to amend its general terms and conditions at any time. They will be applicable as soon as they are published online.
If a condition of sale is missing, it will be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
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 offered by Molli to the buyer.
These conditions only apply to purchases made by buyers who wish to be delivered and who have their usual place of residence in one of the countries that appear in the drop-down menu when the customer creates an account on the website.
The buyer has the possibility to place his order online, from the online catalog and by means of the form that appears there.
For the order to be validated, the buyer will have to accept, by clicking in the indicated place, the present general conditions.
He will also have to choose the address and the mode of delivery, and finally to validate the mode of payment.
Any order is worth accepting the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, in particular failure to pay, incorrect address or other problem with the buyer's account, Molli reserves the right to block the buyer's order until the problem is resolved.
In the event that an ordered product is unavailable, the buyer will be informed by e-mail.
The order for this product will then be cancelled and possibly refunded, while the rest of the order will remain firm and definitive.
For any questions relating to the tracking of an order, the buyer can refer to the order tracking number that he/she receives in the order confirmation email, or call 01 43 25 87 91 from Monday to Friday from 10am to 7pm.
The online supply of the buyer's credit card number and the final validation of the order will be considered as proof of the buyer's agreement in accordance with the provisions of the law of March 13, 2000 and will be considered as :
- Exigibility of the sums due under the order form,
- Signature and express acceptance of all operations carried out.
Molli will then acknowledge receipt of the order by e-mail to the address provided by the client. In accordance with the provisions of Article 1369-2 of the Civil Code, the client formally accepts the use of e-mail for confirmation by Molli of the content of the order.
This confirmation e-mail contains all the information communicated by the client, with an indication of any difficulties or reservations that may have made in connection with the order (availability of the ordered items, delivery times or chosen method of payment). It mentions the order number assigned to the client by Molli.
PROOF OF TRANSACTION
The computerised registers, kept in Molli's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. The order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
The products governed by these general terms and conditions are those that appear on the molli.com website and that are indicated as sold and shipped by Molli. They are offered while stocks last.
Molli products are described and presented as accurately as possible. However, Molli cannot be held responsible for any errors or omissions in this presentation.
The photographs of the products are not contractually binding.
Molli reserves the right to change 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.
Prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. For export countries outside the European Union: the prices displayed are exclusive of tax. Local VAT and handling fees are likely to be collected in the destination country and are to be paid by the recipient upon arrival of the package. The payment of the totality of the price must be realized at the time of the order. At no time, the sums paid can be considered as deposits or down payments.
Any order placed on the website and delivered outside of France may be subject to taxes or customs duties that are imposed when the package reaches its destination.
Any customs duties or taxes associated with the delivery of an item are the responsibility of the customer.
To know the applicable customs duties or taxes, it is up to the customer to inquire with the competent authorities of his country. In case of dispute with a customer, the French courts will have exclusive jurisdiction.
METHOD OF PAYMENT
To pay for the order, the buyer can choose from all the payment methods made available by Molli on the molli.com website. The buyer guarantees Molli that it has the necessary authorization to use the method of payment chosen by it when the order is confirmed.
Molli reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by the officially accredited organizations or in the event of non-payment. In particular, Molli reserves the right to refuse to make a delivery or to honor 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 being administered.
PRODUCT AVAILABILITY - REFUNDS
Except in cases of force majeure or during periods of closure of the online store, which will be clearly announced on the homepage of the website, the shipping times will be, within the limits of available stocks, those indicated below. The shipping times run from the date of registration of the order indicated on the email confirmation of the order.
For deliveries in France, the delivery time is 2 to 4 working days for a delivery via colissimo.
For international deliveries, the delivery time is 2 to 8 working days, depending on the country, for express delivery via DHL.
If the contractual deadlines are not met, the buyer can cancel the contract by registered letter with acknowledgement of receipt, after having requested Molli to make the delivery or provide the service within a reasonable additional period.
However, if the buyer so wishes, he or she can immediately terminate the agreement if the dates or deadlines referred to above are an essential condition of the agreement.
In this case, if the agreement is terminated, Molli is obliged to reimburse the buyer for the full amount paid, at the latest within 14 days of the date on which the agreement was terminated.
If the ordered product is not available, the buyer will be informed as soon as possible and will be given the opportunity to cancel the order. The buyer will then have the option of requesting a refund of the sums paid within 14 days at the latest of their payment.
TERMS OF DELIVERY
Delivery is only made after confirmation of payment by Molli's banking institution.
Molli delivers the ordered items by Colissimo or DHL, depending on the choice made by the customer. Delivery will only be made to the countries indicated in the drop-down menu on the website.
No deliveries will be made to hotels or post office boxes. The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure that this address is correct. Any package returned to Molli because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to withdraw the parcel at the place and during the time indicated.
If at the time of the delivery, the original packing is damaged, torn, opened, the buyer must then check the state of the articles. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note (package refused because it has been opened or damaged). The buyer must then notify Molli of any reservations by any means within 3 days of receiving the product.
The buyer must submit any claim of delivery error and/or non-conformity of the products in kind or in quality with the information on the order form to Molli on the day of delivery or at the latest on the first working day following delivery. Any complaint formulated beyond this deadline will be rejected.
The complaint could be made with the choice of the purchaser :
- By email at firstname.lastname@example.org
- By phone at +33 1 43 25 87 91
Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release Molli from any liability towards the buyer.
The product must be returned to Molli in its original packaging at the following address Boutique Molli / 252 boulevard Saint-Germain, 75007 Paris.
The products sold are covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the refund of the purchase price, the replacement or the repair of the goods.
It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
The preceding provisions are not exclusive of the application of the legal guarantee of conformity of article l. 211-4 of the Code of consumption and the guarantee of the thing sold of articles 1641 and following of the Civil code.
RIGHT OF WITHDRAWAL
In accordance with the provisions of the Code of consumption, the purchaser has a period of 14 working days as from the date of delivery of his order to turn over any article not being appropriate to him and to ask for the exchange or the refunding without penalty, except for the expenses of return which remain with the load of the purchaser.
Only will be taken again the products turned over as a whole, in their packing of origin complete and intact, and in perfect state of resale. Any product which will have been damaged, or whose original packing will have been deteriorated, will be neither refunded nor exchanged.
Once the buyer has communicated his decision to withdraw, he has 14 days to return the goods.
The product must be returned to Molli in its original packaging at the following address Molli store / 252 boulevard Saint-Germain, 75007 Paris.
This right of withdrawal is exercised without penalty, it being understood that the return costs are to be borne by the buyer. Molli will reimburse the buyer for all sums paid (excluding delivery costs) without unjustified delay and no later than 14 days from the date on which it is informed of the consumer's decision to withdraw.
Molli may, however, defer reimbursement until the goods have been recovered or until the buyer has provided proof of shipment of the goods, whichever comes first.
All the litigations to which the operations of purchase and sale concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation and their consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he/she may in any case have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L 612-1) or with the existing sectoral mediation bodies, the references of which are given on the website www.molli.com or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
In the event of a reminder of the provisions of the RGPD in terms of group action
The customer, noting that a violation of the general regulation on the protection of personal data would have been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the data-processing law and freedom of 1978, in order to obtain against the person in charge of treatment or subcontractor, compensation in front of a civil or administrative jurisdiction or in front of the national commission of data processing and freedoms.
All circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
All facts or circumstances that are irresistible, external to the parties, unpredictable, unavoidable, independent of the will of the parties and that cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to external telecommunication networks to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts longer than three months, the present general conditions may be terminated by the injured party.
If one or more provisions of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
The fact that one of the parties does not avail itself of a breach by the other party of any obligation referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
In the event of any difficulty of interpretation between any of the headings in the clauses and any of the clauses, the headings shall be declared non-existent.
The present general conditions are subject to the application of French law, excluding 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 Molli to obtain an amicable solution. Failing this, the buyer may bring proceedings before the court of his choice.