TERMS OF SALES
SALE ON THE MOUSSAILLON ONLINE SHOP
The merchant site www.moussaillon.fr (hereinafter referred to as the “Site”) is an e-commerce site of the Moussaillon brand accessible via the Internet, open to any user of this network (hereinafter referred to as “Internet user”). . The Site is published by the company Bretagne Diffusion (hereinafter referred to as "Bretagne Diffusion"), SARL with a capital of 251,000 Euros, whose registered office is located at ZA Convenant Vraz, 22220 Minihy-Tréguier, registered with the Company registered in the Trade Register et des Sociétés de Saint-Brieuc under the number 498 063 981. Telephone: +33 (0)9 75 31 35 49 – to contact Bretagne Diffusion by e-mail, go to the "Contact" section of the Site. The Site allows Bretagne Diffusion to offer for sale textile, childcare and accessory products manufactured by and/or for the Moussaillon brand or its potential business partners (hereinafter referred to as the "Products") to Internet users browsing the Site ( hereinafter collectively referred to as “Clients”). For the application hereof, it is agreed that the Customer and Bretagne Diffusion will be collectively referred to as the "Parties" and individually referred to as a "Party", and that the Customer having validated an order will then be referred to as "Buyer". It is specified that the Products are reserved for individuals and are exclusively intended for personal use. Under no circumstances may the Products be used professionally by the Buyer. As such, the attention of the Buyer is entirely particularly drawn to the fact that the unit amount of its orders must not exceed the sum of one thousand (1000) Euros including tax, and that the order may not relate to more than five (5) quantities of the same reference / color / Bretagne Diffusion reserves the right to refuse orders exceeding one or other of these ceilings. Any order for a Product offered on the Site implies the Buyer's acceptance of these general conditions. of sale. In general, any visit to the Site implies the Buyer's acceptance of these general conditions of sale. Bretagne Diffusion reserves the right to modify these general conditions of sale at any time by publishing a new version on the Site. The applicable general conditions of sale are those in force on the date the order is placed.
ARTICLE 1: OBJECT
These general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site; they apply to the exclusion of any other document.
ARTICLE 2. PRODUCTS - PRICES
Only the Products appearing on the Site on the day of its consultation by the Customer are offered for sale. Product offers are limited to Metropolitan France (excluding DOM-TOM), including Corsica and Monaco. Product offers and prices are valid, within the limits of available stocks, as long as they are visible on the Site. In addition to the photographs reproduced and illustrating the Products presented, the Customer is invited to consult the description of each Product to know its characteristics.
Prices are quoted in euros all taxes included. The Value Added Tax is that in force on French territory at the time the order is placed. The prices applied are those appearing on the Site at the time of placing the order. If applicable, the lump sum contribution to the delivery costs will be communicated to the Customer on the summary of the contents of the basket before validation of the order by the Customer.
ARTICLE 3. ORDER
3.1 Registration of the order
The Customer who wishes to place an order chooses the different Product(s) of his choice and adds them to his basket by clicking on “Add to basket” At any time the Customer can: - check the number of Products contained in his basket and obtain information details on each of them by clicking on the "My basket" icon, - continue to select Products by clicking on the "Continue shopping" button, - complete the order by clicking on the "Order" button. All new Customers must fill in the fields offered to them to create their customer account after clicking on the “Validate basket” button. The Customer must accurately complete the form made available to him, on which he mentions in particular the information necessary for his identification, including a valid email address and a password of his choice, which will be used later to identify himself on the Site. . The password chosen by the Customer must be composed of at least 8 characters, including upper and lower case letters, numbers and special characters. It will be personal and confidential. After having created his customer account, the Customer has the possibility of joining the "Moussaillon" loyalty program by choosing the means(s) of contact (sms and/or email) and by clicking on the button "I participate ". In addition, if he is not already a member, the Buyer will automatically join the "M oussaillon" loyalty program for any purchase made on the Site. Any Customer who already has a customer account must identify himself after clicking on the "Order" button, by entering his email address and password. The provision of personal data collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders, as well as for the establishment of invoices. This information is strictly confidential. The Customer has a summary section of his basket on the screen which displays: - The visuals of the Products making up the basket - If applicable, the gift option (Products presented in gift packaging with a personalized message) - The where applicable, the amount of the benefits enjoyed by the Customer- Where applicable, the lump sum contribution to delivery costs- The subtotal of the order excluding option(s)- The total amount of the order, all taxes included, When the Customer wishes to continue with the order, he must click on the "Order" button. Even after going to the next step, "Delivery", the Customer has the possibility of returning to his basket whenever he wishes. The “Basket”, “Delivery” and “Payment” sections being present on the same page, the Customer has the possibility of navigating between these three sections. When the Customer is on the "Delivery" section, the latter is then asked to enter his choice of delivery: home, in store or at a collection point. For more details: see article 4 of these general conditions of sale. The Customer must also specify the billing address as well as the delivery address of the Products. Once this step has been completed, the Customer is invited to click on the "Continue" button which will allow him to access the "Payment" section ( see Section 3.3 below). The Customer cannot access the next step (payment of the order) without reading and accepting these general conditions of sale and without reading his right of withdrawal, of which he acknowledges being informed by checking the box provided for this purpose. . The Customer then confirms his order by clicking on the "Validate and pay" button; the Customer then becomes the Buyer.
3.2 Validation/Confirmation of the order
The sales contract between the Buyer and Bretagne Diffusion is formed when the Buyer confirms his order (see Article 3.4 below). Between the time the Buyer pays for his order and the sending, by Bretagne Diffusion to the Buyer, of the order confirmation email, Bretagne Diffusion reserves the right not to accept the order in the event of :- Exceeding the purchase limit indicated in the preamble hereto,- Existing dispute(s) with the Buyer,- Total or partial non-payment of one or more previous order(s) of the 'Purchaser, - Refusal of payment authorization by the banking institutions.
The price owed by the Buyer is the amount indicated on the summary order form which the Customer has read before confirming his order. The price is then recalled after payment in the order confirmation, a summary document sent by e-mail by Bretagne Diffusion, to the Buyer's e-mail address.
The debit of the card or the Paypal account is made, at the earliest, only at the time of the dispatch of the order. In any case, the amount debited will correspond to the Product(s) actually shipped by Bretagne Diffusion plus the fixed amount of participation in the delivery costs if the Buyer has chosen to be delivered via Colissimo and the gift option chosen by the Buyer, if applicable.
Payment by credit card
The Customer may pay for his order by bank card (credit card, Visa, Eurocard/Mastercard, American Express) in accordance with the provisions of this article.
To pay for his order by credit card, the Buyer must send the name of the card holder, the number of his credit card and, depending on the type of the latter, the expiry date of the latter as well as the cryptogram number. (3-digit number on the back of his credit card).
It is specified that to make payment by credit card, the Buyer has been automatically transferred to a payment server.
The server is secured by S.S.L (Secure Socket Layer) encryption so as to protect as effectively as possible all data related to means of payment, and so that, at no time, the Buyer's bank details do not pass through the computer system of Bretagne Diffusion.
European regulations have put in place provisions aimed at strengthening the security of electronic payments, in particular on the Internet, and making access to online banking services more secure. Thus, from September 14, 2019, the use of the only code received by SMS to authenticate these operations is no longer sufficient and is gradually reinforced by means of a device compliant with the new regulations. These new devices may, for example, be based on an application, for smartphone or SIM card (compatible with all mobiles), which requires the entry of a secret code or the verification of biometric data. These solutions are chosen by banks and payment service providers, and offered to their customers. For more information, please contact your bank or your usual payment service provider.
Payment by PayPal After clicking on the "Confirm and proceed to payment" button, the Customer who has chosen to pay for his order by Paypal is redirected to the Paypal page of the Site where he can enter his e-mail address linked to his PayPal account and their PayPal password. PayPal encrypts all the information that the Customer communicated to it when creating an account. Thus, no information other than the Customer's e-mail address is communicated to Bretagne Diffusion. Financial and personal information is encrypted automatically when sending any sensitive information to PayPal servers. For more information on the security of transactions carried out between PayPal and the Customer's banking institution, Bretagne Diffusion invites the latter to contact PayPal.
3.4. Confirmation of the Buyer's order After payment of the order by the Buyer, the latter may possibly receive a first e-mail indicating that his order is awaiting validation. If the Buyer's order fulfills the conditions of validity as defined in articles 3.2 and 3.3, above the latter receives, at the latest before delivery, a second e-mail warning him that his order is registered with a summary of the Products. ordered as well as the general conditions of sale of Bretagne Diffusion, in force on the day of the order. This confirmation email contains all the constituent elements of the contract between the Parties. The summary order form is recorded in the registers of Bretagne Diffusion, which are themselves kept on a reliable and durable medium. The Buyer then receives an e-mail informing him of the unavailability of the Product(s) ordered.
ARTICLE 4. DELIVERY
4.1. Home delivery
Bretagne Diffusion will deliver the order within five (5) working days from the placing of the order by the Buyer. It is specified that orders placed on the Site on Friday, Saturday or Sunday are processed the following Monday. Orders placed on the Site on a public holiday are also processed the following business day. The Products ordered by the Buyer are delivered only in metropolitan France (excluding DOM-TOM), including Corsica and Monaco, to the address indicated by the Buyer when ordering, accompanied by a delivery note and for, where applicable, a lump sum contribution to the delivery costs. The Buyer has the option of having the Products delivered to an address other than his own. Delivery will not be guaranteed in the event of force majeure as defined in article 10.1 below. Bretagne Diffusion cannot be held liable, in particular because of a subsequent change of address of the Purchaser which would not have been notified to it in due time or an error in the contact details of the Purchaser provided by the latter. during the order.
4.3. Pick-up point delivery
The Buyer can opt for delivery to a Pick-up Point (post offices, local merchants in the "Pickup" network, automatic lockers "PickUp Station"). Bretagne Diffusion will deliver the order within five (5) working days from the placing of the order by the Buyer. It is specified that orders placed on the Site on Friday, Saturday or Sunday are processed the following Monday. Orders placed on the Site on a public holiday are also processed the following business day.
The Products ordered by the Buyer will be delivered to a Pick-up Point only in mainland France (excluding DOM-TOM) and Corsica, accompanied by a delivery note and subject to a flat-rate contribution to delivery costs, if applicable.
From the delivery of the order to the Pick-up Point, it will be made available at the Pick-up Point of the Buyer's choice for a limited period of ten (10) working days. The order will be delivered to him on presentation of an identity document and the withdrawal slip (or, if this is not possible, the parcel number). In the event of delivery of the order to a “Pickup Station” locker, the Buyer will have a period of three (3) working days to come and collect his package. The receipt of the order at the Pickup Station locker will be done with an identifier and a pin code sent by e-mail and/or SMS (personal and confidential information).
If the Pickup Point is saturated or closed, the order will be automatically routed to the nearest Pickup Point depending on availability. In the event of non-collection of the order by the Purchaser, within the period indicated above, the order will be returned to Bretagne Diffusion and the latter will cancel and refund the said order.
4.4. Delivery rates
• Home delivery & pick-up point: €4.90* in mainland France only (excluding overseas territories), Corsica and Monaco. Free home delivery for any order of an amount strictly greater than forty-nine euros (€49) including tax.
• Europe: €9.90* in mainland France only (excluding overseas territories), Corsica and Monaco. Free home delivery for any order of an amount strictly greater than seventy-nine euros (€79) including tax.
• Delivery to a Collection Point: €4.90* in mainland France only (excluding DOM TOM) and Corsica. Delivery to a Collection Point offered for any order of an amount strictly greater than forty-nine euros (€49) including tax.
*regardless of the number of items you order.
ARTICLE 5: RECEIPT OF THE ORDER
Upon receipt of the order, the Buyer must check the conformity of the Products received in execution of his order. Any anomaly concerning the delivery (in particular: missing or damaged products, damaged packages) must be notified immediately to the Bretagne Diffusion Customer Relations Department at the following address:
- By ordinary mail, by writing to the following address: Bretagne Diffusion Services Relation Clients - ZA Convenant Vraz, 22220 Minihy-Tréguier – France
- In the "Contact" section of the Site
- By email to the following address: email@example.com
- By telephone on +33 (0)9 75 31 35 49, Monday to Friday from 9 a.m. to 5 p.m.
In the event of abnormal or abusive returns of Products, Bretagne Diffusion may refuse to serve a subsequent order.
ARTICLE 6. RIGHT OF WITHDRAWAL
All items purchased on the site www.moussaillon.fr may be subject to withdrawal, except for those covered by law. According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following categories of items:
• goods made to the consumer's specifications or clearly personalized;
• goods which have been unsealed by the consumer after delivery;
• goods which cannot be returned for reasons of hygiene or health protection.
The Buyer has 14 days from the receipt of the last package of his order to notify Bretagne Diffusion of his wish to withdraw by returning it by free mail or by completing the withdrawal form found in the "Returns" section of the Site. . The Buyer has an additional 14 days from the sending of the return notification, to return one or more items of his order, according to the provisions provided for in article 8 - Exchanges and Refunds.
The Buyer must also register his return request in the “My account – My orders” section of the Site.
The Product(s) must be returned by the Buyer to Bretagne Diffusion at the latest within fourteen (14) days following the communication by the Buyer of his decision to withdraw, in its (their) packaging and its (their) original packaging (which may have been opened), bearing their original label, unworn, unwashed. by sending them by post (at its sole expense) to the following address: Bretagne Diffusion Retours Internet - ZA Convenant Vraz, 22220 Minihy-Tréguier - France.
In all cases, the Product(s) thus returned must be accompanied by the return form and received in the package or the invoice received by e-mail during shipment. of the package.
If the aforementioned conditions are met, Bretagne Diffusion will reimburse the Buyer for the total amount of his order, including the costs of returning the Products, which remain the responsibility of the Buyer. This refund will take place no later than fourteen (14) days from the date on which Bretagne Diffusion was informed of the Buyer's decision to withdraw. Nevertheless, in the absence of receipt by Bretagne Diffusion, within this period, of the returned Products or proof of their shipment by the Purchaser, the reimbursement of the Products will then be deferred to the first of these two dates: receipt by Bretagne Diffusion or receipt by Bretagne Diffusion of proof of shipment of the Products by the Buyer.
ARTICLE 7. WARRANTY
All Products benefit from the legal guarantees, provided that the use has been normal and that the maintenance advice has been followed.
Legal guarantee of compliant deliveryIn accordance with Article L217-4 of the Consumer Code, the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Pursuant to Article L217-5 of the Consumer Code, the property complies with the contract:
1. If it is specific to the use usually expected of a similar good and, where applicable:
• if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
• Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Legal warranty against hidden defects
In accordance with Article 1641 of the Civil Code, the seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid less for it, if he had known them. In the event of an action under the legal guarantee of conformity: - The action resulting from the lack of conformity is prescribed by (2) two years from the delivery of the goods (Article L217-12 of the Consumer Code). - In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. (Article L217-9 of the Consumer Code) - Conformity defects that appear within (24) twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. (Article L217-7 of the Consumer Code). The legal guarantee of conformity applies independently of the commercial guarantee granted by Bretagne Diffusion under the terms of article 8 of these general conditions of sale. In the event of implementation of the guarantee against hidden defects: - The buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded, such as it will be arbitrated by experts (Article 1644 of the Civil Code). - The action resulting from redhibitory defects must be brought by the purchaser within two (2) years from the discovery of the defect (Article 1648 paragraph 1 of the Civil Code). In the event of non-conformity or a defect affecting one or more Product(s) being observed within the aforementioned deadlines, the Buyer may return the Products to the Bretagne Diffusion Customer Relations Department at the following address: Bretagne Diffusion Services Consommateurs - ZA Convenant Vraz, 22220 Minihy-Tréguier - France, or contact the Bretagne Diffusion Customer Relations Department at the following number +33 (0)9 75 31 35 49 (Monday to Friday from 9 a.m. to 5 p.m.) who will confirm the procedure to follow . If the aforementioned conditions are met, Bretagne Diffusion will exchange the Product(s) with such lack of conformity or proven defects and whose origin is indeed attributable to Bretagne Diffusion or will reimburse the Purchaser for the amount of such Product(s), as well as the costs of returning the Products paid by the Buyer, if applicable.
ARTICLE 8. EXCHANGES AND REFUNDSProducts purchased on the Site may be subject, within the time limits and conditions indicated below:- to a refund on the Site, with the exception of any exchange. In the case of the purchase of a batch made up of several Products (batches of underwear, weeklies, Moussaillon surprise pouch, etc.), only all of the Products making up this batch may be the subject of an exchange or a refund according to the procedure described in this article, the prize being indivisible. The exchange or refund of one or more Products making up the batch is therefore excluded.
Refunds Without prejudice to the provisions of the legal guarantee, nor to the right of withdrawal, and subject to the provisions of this article, the Buyer may return, at his own expense, any Product(s) he has ordered on the Site if it (these) does not give him satisfaction within 30 days. This period runs: - from the date of delivery of the Products to the delivery address indicated by the Buyer (and in the absence of the latter, from the date of first presentation of the package containing the Products) - or from the day on which the Buyer is informed by e-mail and/or SMS of the delivery of his order to the Pick-up Point of his choice in the event that the Buyer has opted for this delivery service. Excluding the right of withdrawal, for Products purchased during a promotional offer and unless otherwise stated herein, the reimbursement conditions for discounted Products are indicated in the "Conditions of current offers" section. Personalized Products cannot be refunded. The Buyer may return the Product(s) by going to the section of the Site "My account - Returns" in order to register his return request or call the Bretagne Diffusion Customer Relations Department who will tell him the procedure to follow. . In this case, after having made this request for return on the Site, the Buyer must return the Product(s) at his exclusive expense, in his (their) packaging and his (their) original packaging (which may have been opened) unworn, unwashed, bearing their original label, to the following address: Bretagne Diffusion Retours Internet, ZA Convenant Vraz, 22220 Minihy-Tréguier - France, accompanied by the invoice received by e-mail when shipping the package. If the aforementioned conditions are met, Bretagne Diffusion will reimburse the Purchaser, within thirty (30) days after receipt of the latter's request for return, the amount of the returned Product(s) (price paid by the Purchaser on the Site, i.e. any price discounts deducted), it being understood that the delivery and return costs of the Product(s) concerned remain the responsibility of the Buyer.
ARTICLE 9. PERSONAL DATA PROTECTION POLICY / COOKIES POLICY
The Personal Data Protection Policy is here: www.moussaillon.fr/politique-de-protection-des-donnees/The Cookies Policy is here: www.moussaillon.fr/politique-de-cookies /
ARTICLE 10. MISCELLANEOUS STIPULATIONS
10.1. Web beacons
Certain web pages of the Site may contain web beacons which allow the number of visitors to the Site to be counted and/or to provide Bretagne Diffusion with a certain number of indicators.
These web beacons may be used with some of our partners, in particular to measure and improve the effectiveness of the Site.
In any case, the information obtained via these web beacons is strictly anonymous and simply makes it possible to gather statistics on the frequentation of certain pages of the Site, in order to better serve our Customers.
10.2. force majeure
Bretagne Diffusion will not be liable for the total or partial non-performance of its obligations under this contract, if this non-performance results either from the Client or from a case of force majeure (Article 1218 of the Civil Code).
Bretagne Diffusion will notify the Customer/Purchaser of an event constituting force majeure, within 5 working days of its occurrence.
The Parties agree to consult together as soon as possible in order to determine the terms and conditions for processing the order for the duration of the case of force majeure.
Beyond a period of (one) 1 month of interruption due to force majeure, the Parties will be released from their obligations to each other. If necessary, Bretagne Diffusion will refund the Buyer the amount of his order as soon as possible.
10.3. Entire contract
These general conditions of sale and the order confirmation sent by Bretagne Diffusion to the Buyer form a contractual whole summarizing all the agreements between the Parties.
10.4. Retention and archiving of transactions
The archiving of invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy. The invoices are thus kept for ten (10) years from the placing of the corresponding Order.
10.5. Applicable law - Competent courts - Mediation
These general conditions of sale and the contractual relations between Bretagne Diffusion and the Buyer are subject to French law.
Any dispute relating to the interpretation, execution or termination of these general conditions of sale and/or contractual relations between Bretagne Diffusion and the Buyer will be subject to the sole jurisdiction of the French courts, notwithstanding multiple defendants and/or warranty claim, even for emergency procedures or protective procedures in summary proceedings or by motion. The competent court in the event of a dispute will be that of the place of residence of the defendant.
The Buyer is informed of the possibility of having recourse, in the event of a dispute resulting from an online purchase, to a conventional mediation procedure or to any other alternative method of dispute resolution, provided that such a dispute has not could not be settled within the framework of a prior complaint lodged directly with Bretagne Diffusion.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Bretagne Diffusion adheres to the Service of the Mediator of e-commerce of the Federation of e-commerce and distance selling (FEVAD) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – https://www.mediateurfevad.fr. After prior written action by consumers vis-à-vis Bretagne Diffusion, the Mediator Service can be contacted for any consumer dispute whose settlement has not been successful. To find out how to refer to the Mediator, click here.
In the event that your dispute results from a national or cross-border online purchase, you can also have access to the dispute resolution platform set up by the European Commission for consumer disputes resulting from an online purchase: https://ec.europa.eu/consumers/odr/.