Modalison.fr general conditions of sale
Headquarters 12, bis rue de la horvée, 22440, Ploufragan
Email address: firstname.lastname@example.org
SIRET number : 53847995700028
General conditions of sale of products sold on www.modalison.fr
Date of last update 05/14/2020
Article 1: object
These conditions govern sales by the company Mod'alison 12, bis rue de la horvée, 22440, Ploufragan, ready-to-wear and fashion accessories.
Article 2 - Price
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
In the case of an order to a country other than mainland France, you are the importer of the product (s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the competence of the Mod'alison company. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to find out about these aspects from your local authorities.
All orders, whatever their origin, are payable in euros.
The Mod'alison company reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of validation of the order and subject to availability.
The products remain the property of the Mod'alison company until full payment of the price.
Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Article 3 - Orders
You can order:
Detail the methods chosen, for example:
On the Internet: www.modalison.fr
The contractual information is presented in French and will be confirmed at the latest when confirming your order.
The Mod'alison company reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of a difficulty concerning the order received. .
Article 4 - Validation of your order
Any order appearing on the website www.modalison.fr implies acceptance of these General Conditions. Any order confirmation entails your full acceptance of these general conditions of sale, without exception or reservation.
All the data provided and the confirmation recorded will constitute proof of the transaction.
You declare that you are fully aware of it.
The order confirmation will be worth signature and acceptance of the operations carried out.
A summary of your order information and these General Conditions will be communicated to you via the email address confirming your order.
Article 5 - Payment
The fact of validating your order implies for you the obligation to pay the indicated price.
Payment for your purchases is made by bank card using the secure STRIPE & PAYPAL system.
The debit of the card is made only at the time of dispatch of the order. In case of split deliveries, only the products shipped are debited.
Article 6 - Withdrawal
In accordance with the provisions of article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from the receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay penalty.
Returns must be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
Return costs are your responsibility.
In the event of exercise of the right of withdrawal, the Mod'alison company will reimburse the amounts paid, within 14 days of the notification of your request and via the same means of payment as that used when ordering.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
The provision of services fully executed before the end of the withdrawal period and whose execution began after the express prior agreement of the consumer and express waiver of his right of withdrawal.
The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period.
The supply of goods made according to the consumer's specifications or clearly personalized.
The supply of goods likely to deteriorate or expire quickly.
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
The supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional.
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications.
Transactions concluded during a public auction.
The supply of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal.
Article 7- Availability
Our products are offered as long as they are visible on the site www.modalison.fr and within the limits of available stocks. For non-stocked products, our offers are valid subject to availability from our suppliers.
In case of unavailability of product after placing your order, we will notify you by email. Your order will be automatically canceled and no bank debit will be made
or if necessary, a refund will be made to you with the method of payment used when ordering.
In addition, the website www.modalison.fr is not intended to sell its products in large quantities. Consequently, Mod'alison reserves the right to refuse orders for 5 or more identical items.
Article 8 - Delivery
The products are delivered to the delivery address indicated during the ordering process, within the period indicated on the validation page of the order.
In the event of delay in shipment, an email will be sent to you to inform you of a possible consequence on the delivery time which has been indicated to you.
In accordance with legal provisions, in the event of late delivery, you have the possibility of canceling the order under the terms and conditions defined in article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will reimburse it and transport costs under the conditions of article L 138-3 of the Consumer Code.
In the event of deliveries by a carrier, the Mod'alison company cannot be held responsible for late delivery.
Expedition in France and abroad.
the free delivery offer from 49 € of purchases does not apply to international sales.
Article 9 - Guarantee
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for in articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned, exchanged or refunded.
All complaints, requests for exchange or reimbursement must be made by Mail within 15 days of delivery.
The products must be returned to us in the condition in which you received them with all of the elements (accessories, packaging, instructions ...). Shipping costs will be borne by the customer.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 10 - Liability
The products offered comply with current French legislation. The responsibility of Mod'alison cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities the possibilities of importing or using the products or services that you plan to order.
Furthermore, the Mod'alison company cannot be held liable for damage resulting from improper use of the product purchased.
Finally, Mod'alison cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an outside intrusion or the presence of computer viruses.
The general conditions of online sale summarize the clauses of the contract concluded that the client enters into with the e-commerce site. He offers them to his customers who accept them before ordering. They must therefore be consistent with the activity of the website they govern. And in addition, they must also comply with a certain number of rules imposed by law, in particular the Hamon law which came into force on June 14, 2014.
It is therefore necessary to draft the general conditions of sale with care, if possible with the help of a lawyer who will guarantee their regularity.
Article 11 - Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.
Article 12 - Intellectual property
All elements of the www.modalison.fr site are and remain the intellectual and exclusive property of the Mod'alison company. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether software, visual or audio. Any simple link or hypertext is strictly prohibited without the express written agreement of the Mod'alison company.
Article 13 - Personal data
The Mod'alison company reserves the right to collect nominative information and personal data concerning you. They are necessary for the management of your order, as well as for the improvement of the services and information that we send to you.
They can also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you, directly on the website.
Article 14 - Proof Archiving
The Mod'alison company will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.