These general conditions express the entirety of the obligations of the parties.
In this sense, the buyer is deemed to accept them without reservation.
Molli and the buyer agree that these general conditions exclusively govern their relationship. Molli reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by Molli to the buyer.
These conditions only concern purchases made by buyers wishing to be delivered and having their habitual residence in one of the countries that appear in the drop-down menu when the customer creates an account on the site.
The buyer has the option of placing his order online, from the online catalog and using the form therein.
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions.
He will also have to choose the address and the delivery method, and finally validate the payment method.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem on the buyer's account, Molli reserves the right to block the buyer's order until the problem is resolved.
In case of unavailability of a product ordered, the buyer will be informed by e-mail.
The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the buyer can refer to the order tracking number he receives in the order confirmation email, or call 01 43 25 87 91 from Monday to Friday from 10 a.m. to 7 p.m.
The online provision of the buyer's credit card number and the final validation of the order will be worth proof of the buyer's agreement in accordance with the provisions of the law of March 13, 2000 and will be worth:
- Payability of sums due under the purchase order,
- Signature and express acceptance of all operations carried out.
Molli then acknowledges receipt of the order in the form of an e-mail sent to the address provided by the customer. In accordance with the provisions of article 1369-2 of the Civil Code, the customer formally accepts the use of electronic mail for confirmation by Molli of the content of his order.
This confirmation e-mail contains all the information communicated by the customer with an indication, where applicable, of any difficulties or reservations raised by the order (availability of the items ordered, delivery times or method of payment chosen). It mentions the order number assigned to the customer by Molli.
PROOF OF TRANSACTION
The computerized 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. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
The products governed by these general conditions are those which appear on the molli.com website and which are indicated as sold and dispatched by Molli. They are offered within the limits of available stocks.
Molli products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, Molli cannot be held liable.
The photographs of the products are not contractual.
Molli reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, 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 processing fees are likely to be collected in the country of destination and are to be paid by the recipient upon arrival of the package. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
Any order placed on the site and delivered outside of France may be subject to taxes or customs duties which are imposed when the package reaches its destination.
These customs duties or possible taxes related to the delivery of an article are the responsibility of the customer and are his responsibility.
To know the applicable customs duties or taxes, it is up to the customer to inquire with the competent authorities of his country. In the event of a dispute with a customer, the French courts will have sole jurisdiction.
To pay for his order, the buyer has, at his option, all the payment methods made available to him by Molli on the molli.com site. The buyer guarantees to Molli that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order.
Molli reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited bodies or in the event of non-payment. Molli notably reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
AVAILABILITY OF PRODUCTS – REIMBURSEMENT
Except in cases of force majeure or during periods of closure of the online store, which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. . Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France, the delivery time is 2 to 4 working days for delivery via colissimo.
For international deliveries, the delivery time is 2 to 8 working days depending on the country for express delivery via DHL.
In the event of non-compliance with the contractual deadlines, the buyer may terminate the contract, by registered letter with acknowledgment of receipt, after having ordered Molli to make the delivery or provide the service within a reasonable additional period.
However, if he wishes, the buyer can immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, Molli is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting reimbursement of the sums paid within 14 days of their payment at the latest.
Delivery is only made after confirmation of payment by Molli's bank.
Molli delivers the items ordered by Colissimo or DHL depending on the choice made by the customer. Delivery will be made exclusively to the countries indicated in the drop-down menu on the site.
No deliveries are made to hotels or PO boxes. The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. 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, obtain the sending of an invoice 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 deliverer will leave a notice in the mailbox, which will allow the package to be collected from the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged). He must then notify Molli, by any means, of any reservations within 3 days of receipt of the product.
The buyer must formulate with Molli on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected.
The complaint may be made at the choice of the buyer:
- By email to firstname.lastname@example.org
- By phone on 01 43 25 87 91
Any claim not made in the rules defined above and within the time limits cannot be taken into account and releases Molli from any liability vis-à-vis 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 reimbursement of the purchase price, the replacement or 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 do not exclude the application of the legal guarantee of conformity of article l. 211-4 of the Consumer Code and the guarantee of the thing sold of articles 1641 and following of the Civil Code.
RIGHT TO RETRACT
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 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.
Only products returned as a whole will be taken back, in their complete and intact original packaging, and in perfect condition for resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
RETURN PROCEDURE – REFUND
After communicating his decision to withdraw, the buyer then has 14 days to return or return the goods.
The product must be returned to Molli in its original packaging at the following address: Boutique Molli / 252 boulevard Saint-Germain, 75007 Paris.
This right of withdrawal is exercised without penalty, it being understood that the return costs are the responsibility of the buyer. Molli must reimburse the buyer for all sums paid (excluding delivery costs) without unjustified delay and at the latest within 14 days following the date on which he is informed of the consumer's decision to withdraw.
Molli may, however, defer reimbursement until the goods are recovered or until the buyer has provided proof of the shipment of these goods, the date chosen being that of the first of these events.
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have 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 can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies. , and whose references appear on the website www.molli.com or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In the event of a reminder of the provisions of the GDPR in terms of class action
The customer, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the data protection act of 1978, in order to to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Computing and Liberties.
All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning , the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact Molli to obtain an amicable solution. Failing this, the buyer may initiate proceedings before the court of his choice.