TERMS OF SALES
These Terms and Conditions (hereinafter "Terms") apply to all purchases made by a user / person (hereinafter the "Customer") on the site mamismo.fr Internet mamismo.ch (hereinafter -after the "MAMISMO.FR SITE") with mamismo Thierry Maglione autoentrepreneur registered in the commercial register of ANNECY having its registered office, 10 road Cotfa 74960 CRAN GEVRIER France Tel: +33 (0) 6 59496933 email: mamismoshop @ gmail.com (hereinafter "SELLER").
Any order placed on the WEBSITE mamismo.fr et.ch necessarily implies the unconditional acceptance of the CLIENT of these terms of sale.
Article 1. DEFINITION
The following terms are used in these Terms and Conditions, the following meanings:
"CLIENT" means the contracting partner of the SELLER, which guarantees that the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER is beyond any usual or business.
"Ships" means the first presentation of PRODUCTS ordered by the Customer at the delivery address when ordering.
"PRODUCTS" means all products available on the site: .ch mamismo.fr
"TERRITORY" means the Metropolitan FRANCE, including Corsica (excluding DOM / TOM), Switzerland, Belgium
Article 2. PURPOSE
These Terms and Conditions govern the sale by the SELLER its CLIENTS PRODUCTS.
The CLIENT is informed and clearly recognizes that mamismo.fr and .ch site targets consumers and professionals should contact the sales department of the SELLER to benefit from separate contractual conditions
Article 3. ACCEPTANCE OF TERMS
The Customer agrees to carefully read these Terms and agree to before proceeding to payment of an PRODUCTS mamismo.fr order placed on the site: .ch
These Conditions are referenced at the bottom of each page of the site and mamismo.fr. ch via a link and must be consulted before ordering. The CUSTOMER is invited to carefully read, download, print the Terms and keep a copy.
The SELLER advises the CLIENT to read the Terms and Conditions for each new order, the latest version of these Terms are applicable to all new PRODUCTS control.
By clicking on the first button to place the order and then the second to confirm the said order, the CLIENT acknowledges having read, understood and agreed to the Terms without limitation or condition.
Article 4. OPENING AN ACCOUNT - PURCHASE OF PRODUCTS ON THE SITE mamismo.fr and .ch
To buy a PRODUCT, the CUSTOMER must be at least 18 and have the legal capacity or, if a minor, be able to justify the agreement of their legal representatives.
The CLIENT will be invited to provide information to identify it by filling out the form available on the mamismo.fr and .ch SITE. The sign (*) indicates required fields that must be filled for the command to the CUSTOMER be processed by the SELLER. The CUSTOMER can check the mamismo.fr SITE .ch and the status of his order. Tracking DELIVERIES may, where appropriate, be made using the online tracking tools for certain carriers. The Customer may also contact the sales department of the SELLER at any time by email, at email@example.com to obtain information about the status of his order.
The information that the CLIENT provides the SELLER at a command must be complete, accurate and current. The SELLER reserves the right to ask the CLIENT to confirm, by appropriate means, their identity, eligibility and information provided.
Article 5. CONTROLS
Section 5.1 Product Feature
The SELLER endeavors to present as clearly as possible the main characteristics of PRODUCTS (on the fact sheets available on the site mamismo.fr and .ch) and compulsory information that the CUSTOMER shall receive under the applicable law (in these Terms and Conditions).
The CLIENT agrees to read this information carefully before placing an order on the mamismo.fr and .ch SITE.
The SELLER reserves the right to change the selection of available PRODUCTS SITE LABONNEDATE.COM, especially given the constraints related to its suppliers.
Unless otherwise expressly on SITEmamismo.fr .ch and all PRODUCTS sold by the SELLER are new and comply with European legislation and standards applicable in France.
Article 5.2. Ordering process
PRODUCTS The controls are directly spent on the SITEmamismo.fr and .ch. To place an order, the Customer must follow the steps below (please note however that depending on the CLIENT start page, the steps may vary slightly).
5.2.1. Selecting PRODUCTS and purchase options
CUSTOMER must select (s) PRODUCT (s) of their choice by clicking on the (s) PRODUCT (s) concerned (s) and choosing the characteristics and quantities desired. After selecting PRODUCT PRODUCT is placed in the basket of the CLIENT. The latter can then add to the basket as much as he wants PRODUCTS.
Once selected PRODUCTS and placed in her basket, the CLIENT must click the basket and check that the content of the order is correct. If the CUSTOMER has not yet done, it will then be asked to identify themselves or to register.
Once the Customer has validated the contents of the basket and it will be recognized / registered, will appear to his attention an online form completed and automatically summarizing the price, applicable taxes and, where applicable, costs delivery.
The CUSTOMER is invited to check the content of the order (including the amount, characteristics and references PRODUCTS ordered, billing address, payment method and price) before validating its content.
The CLIENT can then proceed to the payment of the GOODS by following the instructions on the site: .ch mamismo.fr and provide all information necessary for billing and DELIVERY PRODUCTS.
Regarding PRODUCTS for which options are available, these specific references appear when the right options have been selected.
Orders must include all necessary information to process the order.
The CUSTOMER must also indicate the delivery method chosen.
Once all the steps described above are completed, a page appears on the mamismo.fr and .ch SITE to acknowledge receipt of the order of the CLIENT. A copy of the acknowledgment of the order is automatically sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct.
The SELLER does not send order confirmation by post or fax.
During the ordering process, the Customer shall enter information necessary for billing (the sign (*) indicate required fields must be filled for the CLIENT's order is processed by the SELLER).
The CLIENT must state clearly all the information relating to ships, in particular the exact address of ships, as well as any access code to the DELIVERY address.
CUSTOMER must then specify the chosen payment method.
Neither the order that the CUSTOMER sets online or acknowledgment of the command that sends the CUSTOMER SELLER email will constitute an invoice. Whatever the mode control or payment used, the Customer will receive the original invoice to the DELIVERY PRODUCTS, inside the package.
5.3. Date of the order
The order date is the date on which the SELLER acknowledges online ordering. The times indicated on the site and mamismo.fr .ch begin to run from that date.
For all PRODUCTS CUSTOMER found on the site and mamismo.fr. PS prices in euros OR Swiss Franc including tax, and applicable shipping costs (depending on package weight including packaging and gifts, DELIVERY and address of the carrier or transportation mode selected).
especially Prices include tax (VAT) for France at the rate in force on the date of order. Any change in the applicable rate may impact the price of the GOODS after the effective date of the new rates.
The applicable VAT rate is expressed as a percentage of the value of sold PRODUCT.
SELLER suppliers prices are subject to change. Consequently, the prices on the mamismo.fr and .ch SITE may change. They can also be modified if offers or special sales.
Prices are valid, except mistake. The applicable price is that indicated on the mamismo.fr SITE .ch and the date the order is placed by the CUSTOMER.
5.5. Availability PRODUCTS
Depending PRODUCT concerned, the SELLER applies an inventory management "to lean". Therefore, as appropriate, availability of inventory depends PRODUCTS SELLER.
The SELLER agrees to fulfill orders received provided that the PRODUCTS are available.
The unavailability of a PRODUCT is normally indicated on the page of the PRODUCT in question. CUSTOMERS may also be informed of a restocking PRODUCT by the SELLER.
In any event, if the unavailability was not specified at the time of the order, the SELLER shall promptly inform the CUSTOMER if the PRODUCT is unavailable.
The SELLER may, at the request of the CLIENT:
Either offer to ship all PRODUCTS simultaneously as soon as the GOODS out of stock will be available again,
Either make a partial shipment of the PRODUCTS available at first, then shipping the rest of the order when others PRODUCTS will be available, subject to clear information about the additional transport costs which may be incurred,
Either PRODUCT proposed an alternative of equivalent quality and price, accepted by the CLIENT.
If the Customer decides to cancel the unavailable PRODUCTS command, it will be refunded any monies paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.
Article 6. Right of withdrawal
The terms of the right of withdrawal are provided in the "Cancellation policy" policy available in Annex 1 of these and accessible at the bottom of each page of your site: .ch mamismo.fr via a hyperlink.
Article 7. PAYMENT
7.1. Means of payment
The CUSTOMER can pay its PRODUCTS posted on the site and mamismo.fr .ch following the methods proposed by the SELLER.
The CLIENT guarantees to the SELLER that holds all the authorizations required to use the chosen method of payment.
The SELLER shall take all necessary measures to ensure the security and confidentiality of data transmitted online through the online payment on the mamismo.fr and .ch SITE.
It is in this regard clarified that all payment information provided on the site .ch mamismo.fr and are transmitted to the bank mamismo.fr and Switzerland, and are not processed on the mamismo.fr and .ch SITE
7.2. Payment date
If single payment by credit card, the account will be debited from the CUSTOMER PRODUCTS order placed on the SITEmamismo.fr and .ch.
Where some ships, the total amount will be debited from the account of the CLIENT at the earliest when the first package will be shipped. If the Customer decides to cancel its order for PRODUCTS unavailable, the refund will be in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
7.3. DELAY OR PAYMENT OF REFUSAL
If the bank refuses to debit card or other payment method, the Customer must contact the Customer Service of SELLER to pay the order by any other valid means of payment.
In the event that for any reason whatsoever, opposition, rejection or other transmission flow of money owed by the CUSTOMER is not feasible, the order will be canceled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract with the CUSTOMER corresponding to an order of an amount greater than 120 euros will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.
The SELLER agrees to archive this information to monitor the transactions and produce a copy of the contract at the request of the CLIENT.
In case of dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until full payment by the CLIENT.
The provisions above shall not prevent the transfer to the CUSTOMER at the time of receipt by him or a third party designated by him other than the carrier, the risk of loss or damage PRODUCTS subject to reserve property, and the risks of damage they can cause.
Article 10. Delivery
The terms of DELIVERY PRODUCTS are provided in the "politics of delivery" given in Annex 2 of these and accessible at the bottom of each page of your site: .ch mamismo.fr via a hyperlink.
Article 11. Packaging
The PRODUCTS will be packed in accordance with current transport standards, to ensure maximum protection for the GOODS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS as provided in Annex 1 - withdrawal policy.
Article 12. Guarantees
12.1. Guarantee of conformity
The SELLER is obliged to deliver a consistent PRODUCT that is to say, specific to the use expected of a similar good and matching the description given on the mamismo.fr and .ch SITE. This compliance also means that the PRODUCT present the qualities that a buyer can reasonably expect given the public statements made by the SELLER, including in advertisements and on the labels
In this context, the SELLER is likely to meet compliance defects existing upon delivery and the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him or was carried out under his responsibility.
The action resulting from lack of conformity lapses two (2) years from the ISSUE PRODUCT.
In case of non-compliance, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of choosing the CUSTOMER is manifestly disproportionate to the other possible option, given the value of the PRODUCT or the importance of the defect, the SELLER may make repayment without following the option chosen by the customer.
In the event that a replacement or repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for returning the PRODUCT by the CUSTOMER at the following address: Thierry mamismo Maglione 10 road Cotfa 74960 CRAN GEVRIER France Tel: +33 (0) 6 59496933
12.2. Guarantee hidden defects
The SELLER is required to guarantee against hidden defects PRODUCT sold that make it unsuitable for the intended use, or that decrease this use that the CLIENT would not have acquired, or would have paid in a lower price if he had known.
This guarantee allows the CUSTOMER can prove the existence of a latent defect to choose between reimbursement of the PRODUCT price if returned and reimbursement of part of the price, if the PRODUCT is not returned.
In the event that a replacement or repair is not possible, the SELLER shall refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for returning the PRODUCT by the CUSTOMER at the following address / Thierry mamismo Maglione 10 road Cotfa 74960 CRAN GEVRIER France Tel: +33 (0) 6 59496933
The action resulting from latent defects must be brought by the CUSTOMER within a period of two 1 year old after the discovery of the defect.
Article 13. Responsibility
The responsibility of the SELLER shall in no circumstances be held liable for non-performance or improper performance of contractual obligations due to the CUSTOMER, especially when entering the order.
The SELLER shall not be held liable or deemed to have breached these for any delay or failure when the cause of the delay or failure was due to a force majeure as defined by case law courses and french courts.
It is also specified that the SELLER does not control the websites that are directly or indirectly related to the SITE and mamismo.fr .ch. Accordingly, it excludes all liability for information published there. The links to third party web sites are provided for information only and no warranty is given as to their content.
Article 14. Personal data
The SELLER collection on mamismo.fr and .ch SITE personal data about its customers, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER are used to process orders placed on mamismo.fr and .ch SITE, manage on behalf of the CLIENT, analyze orders and if the CLIENT has chosen this option, send her sales prospecting haul , newsletters, promotional offers and / or information about special sales, unless the CLIENT does not wish to receive such communications from the SELLER.
The data of the CUSTOMER are confidentially maintained by the SELLER in accordance with its declaration to the CNIL for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account by clicking on the hyperlink for this purpose it down every offer received by email.
Data can be communicated in whole or part, service providers SELLER involved in the order process. For commercial purposes, the SELLER may transfer its business partners the names and details of its CUSTOMERS, provided that they have given their prior consent when registering on the mamismo.fr and .ch SITE.
The SELLER specifically instruct CLIENTS if they want their personal data being disclosed. CUSTOMERS may change your mind at any time on the SITE mamismo.fr and .ch or by contacting the SELLER.
The SELLER may also ask its CLIENTS if they wish to receive commercial offers from our partners.
In accordance with Law No. 78-17 of 6 January 1978 relating to data files and freedoms, the Customer has a right to access, rectify, oppose (for legitimate reasons) and delete of personal data. He can exercise this right by sending an email at: firstname.lastname@example.org or by sending a mail to Thierry mamismo Maglione 10 road Cotfa 74960 CRAN GEVRIER France Tel: +33 (0) 6 59496933
It is stated that the Customer must prove his identity, either by scanning an ID or by sending the SELLER a photocopy of his identity card.
Article 15. Complaints
The SELLER shall provide the CUSTOMER a "Phone Call" at the following number: Tel: +33 (0) 6 59496933
Any complaint written the CLIENT must be sent to the following address: mamismo Thierry Maglione 10 road Cotfa 74960 CRAN GEVRIER France
Article 16. Intellectual property
All the visual and sound elements of mamismo.fr and .ch SITE, including the underlying technology used, are protected by copyright, trademark law and / or patents.
These elements are the exclusive property of the SELLER. Any person who publishes a website and MAMISMO.FR .CHweb and would create a direct hyperlink to the site and mamismo.fr .ch must request authorization from the SELLER in writing.
This authorization of the SELLER shall in no case be granted permanently. This link must be removed at the request of the SELLER. Hypertext links to the site .ch mamismo.fr and who use techniques such as framing (framing) or by inserting hyperlinks (inline linking) is strictly prohibited.
Article 17. Validity of Terms
Any change in the law or applicable regulations or a decision of a competent court invalidating one or more provisions of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such modification or decision does not in any case the CLIENT to ignore these Terms and Conditions.
All conditions not specifically addressed herein shall be governed in accordance with the use of the trade sector in particular, for companies whose headquarters are located in France.
Article 18. Modification of Terms
These Conditions apply to all purchases made online at mamismo.fr and .ch SITE, as the mamismo.fr SITE .ch and is available online.
The Terms are dated accurately and may be modified and updated by the SELLER at any time. The applicable Terms are those in force at the time of the order.
Changes to Terms and Conditions shall not apply to previously purchased PRODUCTS.
Article 19. Jurisdiction and applicable law
These Conditions and the relationship between the CLIENT and the SELLER shall be governed by French law.
In case of dispute, only the Commercial Court of Annecy-FRANCE is competent.
However, before any recourse to arbitration or state judge, be privileged trading in a spirit of loyalty and good faith to reach an amicable agreement on the occurrence of any dispute relating to this contract, including on its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt stating the elements of the conflict. If after a period of fifteen (15) days, the parties were unable to agree, the dispute shall be submitted to the competent court hereafter.
Throughout the negotiation process until its conclusion, the parties shall not pursue any legal action against each other and the object of conflict negotiation. Exceptionally, the parties are permitted to enter the jurisdiction of the Court or to request the issuance of an order on request. Possible action before the court hearing the application or the implementation of a procedure query results to the parties any waiver of the clause amicable arrangement, unless otherwise expressly desire.
The CUSTOMER has in principle the right of return or return the PRODUCT to the SELLER or a person designated by the latter, without undue delay and no later than fourteen (14) days of notification of its decision to withdraw, unless the SELLER has offered to collect himself PRODUCT.
The withdrawal period shall expire fourteen (14) calendar days after the day the CUSTOMER or a third party other than the carrier and indicated by the CLIENT, physical possession of the PRODUCT.
If the order of the CLIENT covers several PRODUCTS and if PRODUCTS are delivered separately, the withdrawal period shall expire fourteen (14) days after the day the CUSTOMER or a third party other than the carrier and indicated by the CLIENT, physical possession last PRODUCT.
Notification of withdrawal
To exercise his right of withdrawal, the Customer must notify its decision to withdraw from this contract by an unequivocal statement to: Thierry mamismo Maglione 10 road Cotfa 74960 CRAN GEVRIER France Tel: +33 (0) 6 59496933 or email@example.com
It can also use the form below:
WITHDRAWAL FORM To: [*] (* Contact Information)
SELLER telephone number *:
E-mail address * SELLER:
and you hereby notifies my withdrawal from the contract for the sale of the PRODUCT below:
No purchase order:
- Ordered on [_______________] / received [__________________]
- Means of payment used:
- Name of the CLIENT and possibly the recipient of the order:
- CUSTOMER address:
- Delivery address :
- Signature of the CUSTOMER (except in case of transmission by email)
In order for the withdrawal period is complied with, the Customer must send its communication on the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal
In case of withdrawal from the CLIENT, the SELLER agrees to refund the full amount paid, including shipping charges without undue delay and in any event, no later than fourteen (14) days the day the SELLER is notified of the will of the CLIENT to retract.
The SELLER will refund using the same means of payment as the CUSTOMER has used for the initial transaction, unless the CLIENT expressly agrees to a different medium, in any event, this reimbursement does not incur any fees to the customer.
The SELLER may withhold the reimbursement until receipt of the goods or until the Customer has provided evidence of shipment of the property, whichever is the earliest of these facts.
CUSTOMER must without undue delay and in any event, no later than fourteen (14) days of notifying his decision to withdraw from this contract, return the property, at our warehouses / mamismo Thierry Maglione 10 road Cotfa 74960 CRAN GEVRIER France Tel: +33 (0) 6 59496933
This deadline is met if the CUSTOMER returns well before the end of the fourteen day period.
The CLIENT will have to bear the direct cost of returning the goods.
State of the returned property
PRODUCT must be returned following the instructions of the SELLER and include in particular all delivered accessories.
The responsibility of the CUSTOMER is engaged only in respect of the depreciation of property resulting from the handling other than necessary to establish the nature, characteristics and functioning of this PRODUCT. In other words, the CLIENT has the ability to test the PRODUCT her but could be held liable if he performs procedures other than those necessary.
The PRODUCTS are packed in accordance with current transport standards, to ensure maximum protection for the GOODS during DELIVERY. The CUSTOMER must follow the same standards when returning PRODUCTS. As such the CLIENT is asked to return the PRODUCT does not suit him in its original packaging and in good condition, his own to relet.
withdrawal of exclusions
The right of withdrawal is excluded in the following cases:
Provision of goods or services whose price depends on fluctuations in the financial market
Supply of goods made to specifications or clearly personalized CLIENT
Provision of goods liable to deteriorate or expire rapidly
Providing audio or video recordings or sealed computer software which were unsealed after delivery
Newspaper, periodical, magazine (except subscription contract)
Provision of accommodation other than for residential purpose, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a date or a specific execution period
Provision of goods which by their nature are blended inseparably with other articles
Supplies of sealed goods can not be returned for reasons of health protection or health and which were unsealed after the CUSTOMER DELIVERY
the supply of alcoholic beverages, the price has been agreed at the time of conclusion of the sales contract, the delivery can be carried out after 30 days and the actual value depends on fluctuations in the market beyond the control of the SELLER
Providing a paperless digital content not supplied if the performance has begun with the prior express consent of the consumer, which also recognized and will lose his right of withdrawal
contracts concluded at a public auction
PRODUCTS The offer can only be delivered on Next TERRITORIES: METROPOLITAN France, Belgium, Switzerland, Luxembourg,
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped (to) address (s) of delivery that the Customer will (s) indicated during the ordering process.
The deadlines to prepare an order and issue the invoice before shipping PRODUCTS in stock are listed on the SITEmamismo.fr and .ch. These times do not include weekends or holidays.
An email message will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct.
Shipping & Delivery charges
During the ordering process, the SELLER states to CUSTOMER possible and shipping options for purchased PRODUCTS.
Shipping costs are calculated according to the method of delivery. The amount of these costs will be payable by the Customer in addition to the price of purchased PRODUCTS.
Details of Delivery times and costs are detailed on the mamismo.fr and .ch SITE.
Terms of Shipping
The package will be delivered to the CLIENT against signature and on presentation of an ID.
In case of absence, a notice will be left to the CUSTOMER, to enable him to get his parcel in the post office.
The CLIENT is informed of the delivery date when he chooses the carrier, at the end of the online order process, before confirming the order.
It is specified that the deliveries will be made within thirty (30) days. Otherwise, the CLIENT must give notice to the SELLER to deliver within a reasonable time and in case of delivery within that period, it may terminate the contract.
The SELLER shall reimburse, without undue delay after receipt of the letter of termination, the CLIENT the total amount paid for PRODUCTS, taxes and shipping included, using the same method of payment used by the Customer to buy products.
The SELLER is responsible to delivery of the CLIENT PRODUCT. It is recalled that the Customer has a period of three (3) days to notify the carrier of the damage or partial loss recognized upon delivery.