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GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE WEBSITE
Article 1 - Formation of the sales contract
By placing an order for Goods, the Customer declares his unreserved acceptance of these General Terms and Conditions of Sale, which shall prevail over any other document issued by the Customer which the latter declares to have revoked.
This prior and unreserved acceptance of the GCS is necessary for the formation of the sales contract.
Any document other than these GTS issued by the Company (in particular, prospectuses, advertisements or notices) is for information purposes only and is not contractually binding.
Any order of Merchandise made from the Site is carried out according to the following procedure:
- choice of Goods to be ordered (if applicable in the form of an annual subscription) ;
- identification of the customer if already registered on the Site and automatic entry of delivery and billing details / entry of delivery and billing details if the customer does not have an account on the Site;
- verification of the customer's order by means of a summary showing all the choices made on the web pages previously completed, as well as the price of the order including VAT;
- confirmation of the order by the customer after ticking the box "I have read and accept the general terms and conditions of sale";
- information concerning the Customer's means of payment (card number, expiry date and security cryptogram);
- The Customer's Order will be definitively registered once the Customer has received a confirmation e-mail from the Company, which will be sent to the Customer once the Customer has clicked on the "validate and pay" button, after having checked the content of the Order and, if necessary, modified it.
Subject to the exercise of the right of withdrawal mentioned below, orders placed by Customers with the Company are firm, irrevocable and final upon receipt of the e-mail confirming the order placed on the Site.
Customer orders are always subject to availability.
Ownership of the Goods ordered shall not pass to the Customer until full payment of the price of said Goods has been received by the Company.
The Customer declares that, prior to placing an order for Goods, he has obtained all the information necessary for him to commit himself in full knowledge of the facts, and that he has taken care to contact the Company, if necessary, in order to verify that the conditions of the said order correspond to his needs.
Any commercial offers/promotions (in particular discounts) which may be offered by the Company to the Customer as a result of order(s) placed are personal to the Customer and are not transferable.
Article 2 - Price of Goods, means of payment and invoicing
The price of the Goods as well as the price of any delivery charges are those in force on the day of the Customer's order and appear on the Site at the time of the said order.
Prices include all taxes.
Payment of the order by the Customer is made by means of a valid bank card, to the exclusion of all other means of payment (in particular payment by clearing).
The payment cards accepted by the Company are : Visa, MasterCard and American Express. Electronic cards are not accepted.
The Customer guarantees that he/she is fully entitled to use the payment card used for his/her order and that this card gives access to sufficient funds to cover the price of said order including VAT.
Any bank charges incurred by the Customer shall be borne exclusively by the Customer.
Article 3 - Right of withdrawal
This article applies only to customers qualified as "consumers" within the meaning of the French Consumer Code.
The Customer has a period of FOURTEEN (14) clear days from the date of receipt of the last item in the same order to exercise his right of withdrawal in respect of the delivery of all the items in the order in question.
In accordance with the provisions of 4° of article L 221-18 of the French Consumer Code, the Customer has no right of withdrawal in respect of orders for personalized Goods.
The procedures for exercising the Customer's right of withdrawal, should it be applicable and should the Customer decide to exercise it, are as follows:
- notification by the Customer of his intention to exercise his right of withdrawal by sending, if he so wishes, the withdrawal form attached to these GTS duly completed and signed by him, for the attention of the Company. The withdrawal form in question forms, with the present GTS, a legally indivisible whole;
- reimbursement by the Company of the amount of the Customer's order, inclusive of tax, within a period of FOURTEEN (14) clear days from receipt of notification of the Customer's right of withdrawal.
In the event of a dispute, the Customer shall bear the burden of proving that he has exercised his right of withdrawal.
The Customer must return the goods to the Company, at the latest, within FOURTEEN (14) days following the sending of his retraction.
In the event of a return by the Customer, the Customer must pay :
- direct removal costs ;
- additional costs for the delivery of goods if the delivery method chosen by the Customer is more expensive than the delivery method proposed by the Company.
Article 4 - Changes to the General Terms and Conditions
Article 5 - Prior declaration by the Customer
Article 6 - Delivery
Goods ordered from the Company will be delivered to the place indicated by the Customer at the time of ordering.
Goods ordered by the Customer will be dispatched within TEN (10) working days from the date of formation of the contract between the Customer and the Company.
The risk in the Goods ordered by the Customer is transferred to the Customer upon receipt of the Goods by the Customer, even if ownership of the Goods has not been transferred to the Customer if the Customer has not fully paid for the Goods at the time of delivery.
Article 7 - Liability
Article 8 - Legal warranties - Exemptions
Purchases of Goods made on the Site are subject to :
- the legal warranty of conformity provided for in articles L 217-4 to L 217-20 of the French Consumer Code,
- as well as the legal warranty relating to hidden defects under articles 1641 et seq. of the French Civil Code.
The customer may exercise these guarantees by contacting the Company by e-mail (support@mogiguitar.com) or by post at the following address: 6 rue Saint Domingue - Le karting - (44200) NANTES.
When the Customer is acting under a legal warranty of conformity :
- he has a period of two years from the date of delivery of the goods to take action;
- he may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L.217-9 of the French Consumer Code;
- he/she is exempted from proving the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the good, except for second-hand goods for which he/she is exempted from proving the existence of the lack of conformity of the good only during the six (6) months following the delivery of the good.
The legal warranty of conformity applies independently of any commercial warranty.
The customer may decide to invoke the guarantee against latent defects under article 1641 of the French Civil Code. In this case, the customer may choose between rescinding the sale or reducing the purchase price (article 1644 of the French Civil Code).
Any delay or failure on the part of the Company to perform any of its obligations shall not constitute a fault attributable to the Company, insofar as the Company can justify that such delay or failure is due to the fault of the Customer or any third party, force majeure, fortuitous event or foreign cause.
Force majeure is defined as any event beyond the Company's reasonable control, including the following: strikes by all or part of the Company's personnel or its carriers, fires and floods, bad weather (heavy rain, strong winds, storms), war, epidemics, pandemics, the impossibility of being supplied or of delivering for any reason whatsoever not attributable to the Company, such as, in particular, restrictions on activity or travel, whether general or specific to the Company, imposed by a public authority, thaw barriers, roadblocks, strikes, power grid failures or Internet network malfunctions.
Article 9 - Registration on the anti-solicitation list
Article 10 - Anticipation
Article 11 - Resolution
Any breach by the Customer of any of its obligations hereunder, for any reason whatsoever, shall automatically result in the termination of the contract between the Customer and the Company without indemnity.
Any sums paid by the customer will be retained as damages, without prejudice to any other claim.
Article 12 - Non-performance exception
Pursuant to article 1219 of the French Civil Code, the Company may refuse to perform its obligation, even if it is due, if the Customer fails to perform its obligation and if such non-performance is sufficiently serious, i.e. likely to jeopardize the continuation of the contract or fundamentally upset its economic equilibrium.
The suspension of performance will take effect immediately upon receipt by the defaulting party of the notice of default sent to it for this purpose by the party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting party has not remedied the default noted, notified by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
This exception for non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the French Civil Code, if it is clear that the Customer will not perform its obligations on the due date and that the consequences of such non-performance are sufficiently serious for the defaulting Company.
The suspension of performance will take effect immediately upon receipt by the party presumed to be in default of notification of the intention to apply the preventive non-performance exception until such time as the party presumed to be in default performs the obligation in respect of which a future breach is manifest, notified by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
Article 13 - Intellectual property
Customers are not authorized to modify, copy, distribute, transmit, display, perform, reproduce, represent, broadcast, publish, license, create derivative works from, transfer or sell in whole or in part any information obtained from the Site.
The logos, slogans, trademarks and models appearing on the Site are the exclusive property of the Company. Customers are not authorized to use them or to distribute their content, in whole or in part, without the prior written authorization of the Company.
Article 14 - Browsing the Site
Before accessing the Site, it is the Customer's responsibility to check that the computer configuration used is compatible with browsing and use of the Site.
It is also the customer's responsibility to check that the computer configuration they are using is virus-free and in perfect working order.
The Company undertakes to use its best efforts to ensure that the Site is accessible to all Customers at all times.
Nevertheless, the Company reserves the right, without notice or compensation, to temporarily or permanently close access to all or part of the Site (in particular for the purposes of maintenance, updating or upgrading the Site, or due to technical problems).
No compensation will be due to the Customer in the event of the Site being unavailable for any reason whatsoever.
The Company has no control over the risks associated with the operation of the Internet and draws the Customer's attention to the risks associated with possible telecommunications interruptions, denial of service, viruses, computer bugs, the prejudicial consequences of which to the Customer will not, in any event, be attributable to the Company.
The customer undertakes to keep his antivirus and firewall software up to date.
The Company may not be held liable for any direct or indirect damage suffered by Customers and resulting from access to, content, use or malfunction of websites published by third parties to which hypertext links appearing on the Site may refer.
Hyperlinks to the Site may only be created with the prior written authorization of the Company, which authorization may be revoked at the Company's discretion at any time.
The Customer undertakes to maintain the confidentiality of the login and password that enable him to access his personal space.
The Customer agrees not to transmit his login and password to a third party and consequently accepts full and entire responsibility for any act involving the use of his login and password by a third party.
In the event that an order is placed by a third party using a Customer's login and password, the order will be irrevocably deemed to have been placed by the Customer.
Article 15 - Use of the "notices" area of the Site
The Customer undertakes to ensure that the content published in the "notices" area of the Site complies fully and in full with the laws and regulations in force in France, including in particular the laws and regulations relating to the protection of intellectual property rights, image rights and freedom of expression.
The Customer undertakes to ensure that the content published is not abusive, defamatory, contrary to public order or morality.
The Customer shall refrain from publishing messages that could be construed as commercial advertising, whether for his own benefit or for the benefit of a third party.
The Customer indemnifies the Company against all claims and/or actions based on or originating from data, information or elements published by the Customer on the Site.
The Customer undertakes to compensate the Company for all costs, expenses and indemnities of any kind (including legal costs and consultancy fees) which may be borne by or charged to the Company, as well as for any judgment against the Company insofar as these costs, expenses and indemnities have their cause, basis or origin in a publication made by the Customer concerned on the Site.
The Company reserves the right to temporarily or permanently interrupt the Customer's access to the Site, at its sole discretion, without notice or compensation, due to the violation of any of the stipulations herein, without prejudice to any action that may be taken by the Company against the Customer concerned.
Article 16 - Severability
If, for any reason whatsoever, one or more of the clauses of these GCS cannot be applied or is declared invalid by a final court decision, all other clauses shall remain valid and have the force of law with regard to Customers.
Article 17 - Tolerance
The failure of the Company to exercise any remedy to which it is entitled hereunder by reason of any breach or default on the part of the Customer shall not affect the Company's right to exercise any remedy or remedies to which it is entitled hereunder for any subsequent breach or breaches of the same or a different nature, or even for any such breach or breaches which were not the subject of an immediate remedy or claim.
Failure by the Company to invoke termination of this Agreement or to exercise any right acquired hereunder shall in no way affect its right to invoke or exercise such right in the future.
Article 18 - Applicable law and conciliation
The relationship between the Company and the Customer is governed by French law.
The Customer and the Company undertake to work together to find an amicable solution to any disputes that may arise concerning the validity, interpretation and performance of the present contract.
To this end, the Customer and the Company will meet within THIRTY (30) days of the revelation of the object of the dispute, in the presence of their counsel if necessary. The parties will set out their positions in writing, and will attempt to find a solution aimed at settling the dispute in an equitable manner.
In the light of the written statement of their claims and the negotiations which have taken place, in the event of acceptance, the parties will draw up minutes of conciliation and, in the event of non-acceptance, will draw up minutes of non-conciliation.
In the event of a dispute that has not been resolved amicably, the Customer may submit the dispute to the Consumer Mediator, whose contact details are as follows:
CENTRE DE LA MEDIATION DE LA CONSOMMATION DES CONCILIATEURS DE JUSTICE (CM2C)
address : 14, rue Saint Jean (75017) PARIS ;
telephone number :01 89 47 00 14 ;
e-mail address : cm2c@cm2c.net ;
website : www.cm2c.net.
Article 19 - Data processing
19.1 - Definitions
For the purposes of this article, the term "Data" refers to all information and data concerning the Customer, processed by the Company in the course of carrying out its duties and which, within the meaning of personal data protection legislation, make it possible to designate or identify, directly or indirectly, a person.
The term "Data Protection Legislation" means all laws and regulations relating to the protection of personal data and applicable to either party in the context of the performance of a service by the Company and in particular, the European General Data Protection Regulation 2016/679 ("RGPD"), as well as national legislation taken in application of the RGPD, including the French Data Protection Act of January 6, 1978 as amended.
19.2 - Processing
The Company processes Data in the course of providing its services. The Company, acting as a subcontractor within the meaning of data protection legislation, undertakes to process the Data entrusted to it in compliance with said legislation.
It is reminded that the Data processed by the Company concerning the Customer, which enable it to carry out its services under optimum conditions, are the following: surname, first name, age, billing address, delivery address, e-mail address, mobile telephone number.
The Company does not collect customers' bank details or the numbers of credit cards used on the Site.
Unless expressly opposed by the Customer, this Data may be used by the Company and members of its network (related companies, commercial partners) for the purposes of conducting satisfaction surveys, sending newsletters, commercial prospecting, and carrying out statistical studies.
The Data collected is kept by the Company for the duration of its services to the Customer and for a maximum period of THREE (3) years from the last order placed.
No Data will be transferred outside the European Union. If the Company is required to transfer Data to a third country or to an international organization under European Union or French law, it will inform the Customer of this legal obligation prior to processing, unless the law in question prohibits such information for important reasons of public interest.
The Company guarantees the confidentiality of the Data processed within the framework of the contract linking it to its Customers. Its employees, subcontractors and co-contractors may, however, have access to said Data. The Company ensures that the persons authorized to process Data under the terms of the present contract :
- undertake to respect the confidentiality of the Data or are subject to an appropriate legal obligation of confidentiality;
- have undergone appropriate data protection training.
Customers have the right to access, rectify, delete, object to, limit, port (where applicable) and not to be the subject of a fully automated individual decision with regard to Data concerning them, under the conditions provided for by Data Protection Legislation.
In accordance with Data Protection Legislation, Customers may exercise their rights (access, rectification, deletion, opposition, limitation and portability where applicable, right not to be the subject of a fully automated individual decision (including profiling) and define the fate of their Data "post mortem" by email: "support@mogiguitar.com" or by post addressed to the Company at the following address: 6 rue Saint Domingue - Le Karting (44200) NANTES.
All requests must include: surname, first name and address.
In the event of reasonable doubt as to the identity of the person exercising his or her rights, the Company may request additional information necessary to confirm this identity (in particular a copy of an identity document). A reply will be given within ONE (1) month of receipt of the request.
The exercise of the aforementioned rights on the part of a customer does not imply any payment on his part.
However, when the requests of a data subject are manifestly unfounded or excessive, in particular because of their repetitive nature, the Company may :
- require the payment of reasonable charges that take into account the administrative costs incurred in providing the information, making the communications or taking the actions requested; or
- refuse to comply with these requests.
Customers have the right to refuse the processing of their data or to request a limitation of such processing. Such requests must be express.
Customers always have the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL - www.cnil.fr).
CANCELLATION FORM
(Please complete and return this form only if
you wish to withdraw)
To the attention of :
Société MOGI GUITAR
6 Rue Saint Domingue - Le Karting
(44200) NANTES
Mail : support@mogiguitar.com
I hereby notify you of my withdrawal from the contract for the following order:
- order content :
- ordered on :
- ORDER NUMBER :
- identity of the customer who placed the order :
- postal address of the customer placing the order :
- e-mail address used when ordering :
Date and signature of customer :
________________ signature :
Instructions
- Complete, date and sign this form
- Send it no later than the 14th day following receipt of the order or, if this period expires on a Saturday, Sunday or public holiday, on the first working day thereafter. Any late notification will be considered as an absence of notification and will not be taken into account;
- You have the right to withdraw from this contract without giving any reason;
- You may use this form to exercise your right of withdrawal, but it is not obligatory. Your notification of the exercise of your right of withdrawal must be unambiguous and sent to the Company within the period indicated above.