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Last update: 05/09/2019
These general terms and conditions of sale (hereinafter “general conditions”) are applicable to any purchase made by a natural person (hereinafter “the client”) on the website www.mollybracken.com (hereinafter “the website”). The website is owned by GROUPE CHRONO IMPORT, SARL registered in the Register of Commerce and Companies under the number 439 650 789. Its registered office is located at 85 Rue du Reves-les-Eaux 83140 Six-Fours-les-Plages, France. Phone: +33(0) 4 94 94 97 80. Email: [email protected] (hereinafter “the seller”).Any order placed on the e-shop implies the full acceptance without exception of the present general conditions by the client.
ARTICLE 1. DEFINITIONS
The terms used hereinafter in the general conditions have the following meaning:
- " CLIENT " : refers to one of the two parties alongside the seller, who claims the capacity of consumer behaved. It is expressly agreed that the client is acting away from any business activity.
- " DELIVERY " : refers to the delivery of the PRODUCTS to the address provided by the CLIENT during the order process.
- " PRODUCT " : refers to all the products available on the WEBSITE
- " TERRITORY " : refers to the country provided by the client for the DELIVERY. Countries that are open to delivery are listed here.
ARTICLE 2. SUBJECT
The following general conditions are governing the sale of PRODUCTS by the SELLER to the CLIENT.
The CLIENT is clearly informed that the website targets natural person and that legal person should contact the seller’s commercial service in order to benefit from different contractual arrangements.
The CLIENT is clearly informed that the website targets natural person and that legal person should contact the seller’s commercial service in order to benefit from different contractual arrangements.
ARTICLE 3. ACCEPTANCE OF GENERAL CONDITIONS
The CLIENT agrees to read, understand and accept the following general conditions before processing to the payment of PRODUCTS on the WEBSITE.
The following general conditions are referenced in the footer on every page of the WEBSITE. The CLIENT is invited to read, understand, download and print the general conditions and to keep a copy.
The SELLER advises the CLIENT to read the general conditions for each new order. The last update of the general conditions applies to every new order of PRODUCTS.
By clicking on the first button to confirm the order and on the second button to process to the payment, the CLIENT acknowledges to have read, understood and accepted the general conditions without condition.
The following general conditions are referenced in the footer on every page of the WEBSITE. The CLIENT is invited to read, understand, download and print the general conditions and to keep a copy.
The SELLER advises the CLIENT to read the general conditions for each new order. The last update of the general conditions applies to every new order of PRODUCTS.
By clicking on the first button to confirm the order and on the second button to process to the payment, the CLIENT acknowledges to have read, understood and accepted the general conditions without condition.
ARTICLE 4. PURCHASING PRODUCTS ON THE WEBSITE
In order to buy a PRODUCT, the CLIENT needs to be at least 18 years old and have the full legal capacity. If the CLIENT is a minor he needs to be able to justify the agreement of his legal representatives
The CLIENT will be invited to provide personal datas by completing a form on the WEBSITE. The mark (*) means that the field is required in order for the SELLER to process the CLIENT’s order. The CLIENT can track the progress of his order. The tracking of the DELIVERIES can be made through the carriers online tools. The CLIENT can also contact the commercial service by email ([email protected]) in order to obtain information on the order status.
The datas provided by the CLIENT to the SELLER during an order process needs to be complete, correct and up to date. The SELLER retains the right to ask the CLIENT to confirm, by any means, his identity, eligibility and the datas submitted.
The CLIENT will be invited to provide personal datas by completing a form on the WEBSITE. The mark (*) means that the field is required in order for the SELLER to process the CLIENT’s order. The CLIENT can track the progress of his order. The tracking of the DELIVERIES can be made through the carriers online tools. The CLIENT can also contact the commercial service by email ([email protected]) in order to obtain information on the order status.
The datas provided by the CLIENT to the SELLER during an order process needs to be complete, correct and up to date. The SELLER retains the right to ask the CLIENT to confirm, by any means, his identity, eligibility and the datas submitted.
ARTICLE 5. ORDERS
Article 5.1 Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the product description available on the WEBSITE) and the mandatory details that the CLIENT needs to receive by virtue of applicable law.
The SELLER commits himself to read those details before placing an order on the WEBSITE.
Unless otherwise noted on the WEBSITE, all the PRODUCTS sold by the SELLER are new and conform to the regulations in force in France.
Article 5.2. Ordering procedure
The orders of PRODUCTS are directly placed on the WEBSITE. To place an order, the CLIENT needs to follow the steps described below.
5.2.1. Selection of PRODUCTS and purchase options
The CLIENT will have to select the PRODUCT(S) of his choice by clicking on the PRODUCT(S) and choosing the characteristics and the desired quantity. Once the PRODUCT is selected, the PRODUCT is placed in the CLIENT’s cart. The CLIENT can add to his cart as much PRODUCTS as he wants.
5.2.2. Orders
Once the PRODUCTS are selected and placed in his cart, the CLIENT needs to click on the cart and check if the order’s content is correct. If the CLIENT has not done it before, he will be invited to sign up or sign in.
Once the CLIENT has signed in and confirmed the content of his cart, he will see a summary with all the prices, taxes and, a the case may be, the delivery costs.
The CLIENT is invited to check his order’s content (including the quantity, characteristics and PRODUCT numbers, billing address, method of payment and price) before confirming the purchase.
The CLIENT can now proceed to the payment following the instructions displayed on the WEBSITE and provide all the necessary datas associated to the billing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which declinations are available, those characteristics will be displayed. All orders must contain all the datas necessary to a proper handling.
The CLIENT shall also select the delivery method of his choice.
5.2.3. Receipt
Once the steps above are completed a page will be displayed on the WEBSITE in order to confirm to reception of the CLIENT’s order. A copy of this receipt will be automatically sent by email to the CLIENT, only if the email address provided by the CLIENT during the registration process is correct.
The SELLER is not sending any order confirmation by regular mail or fax.
5.2.4. Billing
During the order process, the CLIENT will have to enter information for billing (the mark (*) indicate that those fields are required in order for the SELLER to process the CLIENT’s order).
The CLIENT therefore has to clearly indicate all the information regarding the DELIVERY, especially the exact DELIVERY address, and all the possible access code at the DELIVERY address.
The CLIENT must also specify the payment method he chose.
Neither the order slip nor the order’s receipt that the SELLER send to the CLIENT by email constitute an invoice. Whatever the payment method used, the CLIENT will receive the original invoice at the DELIVERY, inside the parcel.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order. The specified time frames on the WEBSITE start only from that date.
5.4. Price
For all PRODUCTS, the CLIENT will find displayed prices in euros with all tax included, and all the delivery costs (depending of the package weight, delivery address and the carrier).
Prices include the VAT at the rate in force when the order was placed. Any modification of the applicable rate can impact the price of the PRODUCTS at the date of entry into force of the new rate.
The VAT rate is expressed as a percentage of the total PRODUCT’s value.
The prices on the WEBSITE can change. They can also be modified in case of special offers or sales.
The prices are valid. The applicable prices are indicated on the WEBSITE at the date when the order was placed by the CLIENT.
5.5. PRODUCT availability
The SELLER undertakes to deliver the PRODUCT at the date or during the time frame notified to the CLIENT, unless expressly agreed otherwise between the parties.
The PRODUCT unavailability is indicated on the PRODUCT page. The CLIENTS can also be informed if there is a restocking on a PRODUCT.
At all events, if the unavailability wasn’t indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay that the PRODUCT is unavailable.
Assuming that a PRODUCT is unavailable, the SELLER can suggest another product with the same quality and price, if the two parties agreed so.
If the CLIENT chooses to cancel his order of unavailable PRODUTCS, he will be reimbursed of all the sums he payed for the unavailable PRODUCTS within thirty (30) days after the payment.
5.6. Payment with Scalapay
If you buy with Scalapay, you will receive your order and pay in 3 installments. You confirm that the installments will be sold to and purchased by Retail Instalments SPV 1 Limited, to the related parties and their beneficiaries and, hereby, unconditionally and irrevocably authorize and consent to this sale.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms of the right of withdrawal are provided in the “withdrawal policy”, available in annex 1b> of the present general conditions.
ARTICLE 7. PAYMENT
7.1. Methods of payment
The CLIENT can pay his PRODUCTS on the WEBSITE with the methods offered by the SELLER.
The CLIENT provides the SELLER with an implied warranty that they have the requisite authorization to use the chosen method of payment.
The SELLER will take all necessary steps to ensure the security and the confidentiality of the datas transmitted online during the payment process on the WEBSITE.
In this respect, it is noted that all information concerning the payment are transmitted to the WEBSITE’s bank and not processed on the WEBSITE.
7.2. Date of the payment
If payment is made by credit card, the CLIENT’s bank account will be debited right after the online order is placed on the WEBSITE.
Where partial delivery, the total amount will be debited from the CLIENT’s bank account at the earliest when the first package is shipped. If the CLIENT chooses to cancel his order of unavailable PRODUCTS, the reimbursement will take place in accordance with the last paragraph of article 5.5 of the present general conditions.
7.3. Delay or payment rejection
If the bank reject the payment, the CLIENT will have to contact the SELLER’s after-sales service in order to choose another way to pay.
Assuming that, for whatever reasons (objection, rejection), the payment by the CLIENT is impossible, the order will be canceled.
ARTICLE 8. PROOF AND FILING
All contract the CLIENT agrees with the SELLER for an amount greater than 120€ all tax included will be filed by the SELLER during ten (10) years according to the article L. 213-1 of the French Consumer Code.
The SELLER consent to fill these information in order to ensure follow-up of the transactions and to be able to produce a copy if requested by the CLIENT.
If conflicts occur, the SELLER will have the opportunity to prove that his monitoring system is trustworthy and that it can ensure the integrity of the transaction.
The SELLER consent to fill these information in order to ensure follow-up of the transactions and to be able to produce a copy if requested by the CLIENT.
If conflicts occur, the SELLER will have the opportunity to prove that his monitoring system is trustworthy and that it can ensure the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS until the full payment by the CLIENT.
LThe above requirements shall not prevent the ownership transfer to the CLIENT, on receipt by him, or any other party of his choice (other than the carrier), from the risk of loss or damage to the PRODUCTS that were under the retention property, as well as the risk of loss or damage they could imply.
ARTICLE 10. DELIVERY
The arrangements for the PRODUCTS delivery are planned in “delivery policy” in annex 2, displayed as a link in the footer of every page of the WEBSITE.
ARTICLE 11. PACKAGING
The PRODUCTS are packed in accordance with the shipping standards in force, in order to guaranteeing the maximum protection for the PRODUCTS during the DELIVERY. The CLIENTS undertakes to respect the same standards when they return the PRODUCTS, as exposed in the annex 1 – Withdrawal policy.
ARTICLE 12. GUARANTEES
Outside of any commercial guarantees that the SELLER could propose for some PRODUCTS, every CLIENT has legal guarantees for all the PRODUCTS. These legal guarantees are detailed below, in accordance with the article L.111-1 of the French Consumer Code.
Article 12.1. Guarantee of conformity
Article L217-4 of the French Consumer Code: “the seller delivers goods in conformity with contract and respond to any conformity faults during the delivery. He also responds to the conformity faults resulting from the packaging, operating or installation instructions when this was his charge or under his supervision”.
Article L.217-5 of the French Consumer Code: “the good is in conformity with the sales contract: 1° if it’s appropriate for the use normally expected for such an article and, if necessary: - correspond to the description given by the seller and have the qualities shown to the purchaser in the form of a sample or model ; - have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the producer or his/her representative in advertising or labelling ; 2° Or if it presents the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the purchaser that has been brought to the notice of the seller and which the latter has accepted”.
The SELLER may have to respond to the existing conformity faults during the delivery and to the conformity faults resulting from the packaging, the operating or installation instructions when this was his charge or under his supervision.
Action resulting from defects in conformity lapses after two (2) years from the date of delivery of the PRODUCT (article L.217-12 of the French Consumer Code).
Upon a lack of conformity, the CLIENT may demand at his choice the replacement or the reimbursement of the PRODUCT. However, if the cost of the CLIENT’s choice is disproportionate regarding the other possible option, in view of the PRODUCT’s value or the significance of the fault, the SELLER may proceed to a reimbursement, without following the customer’s option.
If a replacement or a repair is not possible, the SELLER undertakes to refund the CLIENT within thirty (30) days as from the date of receipt of the return PRODUCT and in exchange of the product being returned by the CLIENT at this address: 68 rue d'hyeres 83140 Six Fours les plages, FRANCE.
Lastly, the CLIENT is exempted to furnish the proof of the PRODUCT’s conformity fault during twenty-four (24) months after the delivery of the PRODUCT (article L.217-7 of the French Consumer Code).
It is stated that the present legal guarantee of conformity applies irrespective of the commercial guarantee, as the case may be, on the PRODUCTS.
The SELLER is bound to warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given lesser price for it, had he known of them (article 1641 of the French Civil Code).
This guarantee benefits to the CLIENT who can prove the existence of a hidden defect to choose between reimbursement of the PRODUCT’s price if it’s returned and the reimbursement of a part of the price, if the PRODUCT is no returned.
If a replacement or a repair is not possible, the SELLER undertakes to reimburse the PRODUCT’s price within thirty (30) days as from the date of the receipt of the returned PRODUCT and in exchange of the return of the PRODUCT by the CLIENT at this address: 68 rue de Hyères, 83140 Six-Fours-les-Plages, FRANCE. The right to institute proceedings arising from redhibitory defects must be intended by the CLIENT within two (2) years as from the date of the discovering the defect (subparagraph 1 of the article 1648 of the French Civil Code).
Article L.217-5 of the French Consumer Code: “the good is in conformity with the sales contract: 1° if it’s appropriate for the use normally expected for such an article and, if necessary: - correspond to the description given by the seller and have the qualities shown to the purchaser in the form of a sample or model ; - have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the producer or his/her representative in advertising or labelling ; 2° Or if it presents the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the purchaser that has been brought to the notice of the seller and which the latter has accepted”.
The SELLER may have to respond to the existing conformity faults during the delivery and to the conformity faults resulting from the packaging, the operating or installation instructions when this was his charge or under his supervision.
Action resulting from defects in conformity lapses after two (2) years from the date of delivery of the PRODUCT (article L.217-12 of the French Consumer Code).
Upon a lack of conformity, the CLIENT may demand at his choice the replacement or the reimbursement of the PRODUCT. However, if the cost of the CLIENT’s choice is disproportionate regarding the other possible option, in view of the PRODUCT’s value or the significance of the fault, the SELLER may proceed to a reimbursement, without following the customer’s option.
If a replacement or a repair is not possible, the SELLER undertakes to refund the CLIENT within thirty (30) days as from the date of receipt of the return PRODUCT and in exchange of the product being returned by the CLIENT at this address: 68 rue d'hyeres 83140 Six Fours les plages, FRANCE.
Lastly, the CLIENT is exempted to furnish the proof of the PRODUCT’s conformity fault during twenty-four (24) months after the delivery of the PRODUCT (article L.217-7 of the French Consumer Code).
It is stated that the present legal guarantee of conformity applies irrespective of the commercial guarantee, as the case may be, on the PRODUCTS.
Article 12.2. Guarantee of hidden defects
The SELLER is bound to warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given lesser price for it, had he known of them (article 1641 of the French Civil Code).
This guarantee benefits to the CLIENT who can prove the existence of a hidden defect to choose between reimbursement of the PRODUCT’s price if it’s returned and the reimbursement of a part of the price, if the PRODUCT is no returned.
If a replacement or a repair is not possible, the SELLER undertakes to reimburse the PRODUCT’s price within thirty (30) days as from the date of the receipt of the returned PRODUCT and in exchange of the return of the PRODUCT by the CLIENT at this address: 68 rue de Hyères, 83140 Six-Fours-les-Plages, FRANCE. The right to institute proceedings arising from redhibitory defects must be intended by the CLIENT within two (2) years as from the date of the discovering the defect (subparagraph 1 of the article 1648 of the French Civil Code).
ARTICLE 13. RESPONSABILITY
The SELLER is not liable in case of non-execution or defective execution of the contractual obligations due to the CLIENT, especially when placing the order.
The SELLER is not liable, or considered as having breached the present conditions, in case of delay or non-execution, when the cause of the delay or the non-execution is linked to a case of force majeure as defined by the case law in France.
It is also stated that the SELLER has not checked any of the websites linked to the WEBSITE. In consequence, it does not accept any liability about the information that are published in. The links to third-party web sites are provided on an indicative basis and there is no guarantee regarding their content.
ARTICLE 14. FORCE MAJEURE
The SELLER cannot be held responsible if the non-execution or if the delay in the execution of one of his obligations described in the present general conditions arise from a case of force majeure.
There is a force majeure in contractual matters when an event of any cause or circumstance could not have been foreseen by the debtor during the conclusion of the contract and whose effects could not be prevented with appropriate measures, is preventing the SELLER from is obligation.
If the disturbance is temporary, the execution of the obligation is suspended unless the consequent delay does not justify the rescind of the contract. If the disturbance is permanent, the contract is terminated as of right and the parties are free from their obligations in the conditions protected by the articles 1351 and 1351-1 of the French Civil Code.
In the light of this, the SELLER cannot be held responsible in case of hackers attacks, hardwares, furnitures, spare parts, personal facilities, network interruption or unavailability. As well as any external circumstances or events that will prevent the execution of the contract in a regular environment.
It is noted that in a situation like that, the CLIENT cannot claim the payment of compensation and cannot bring an action against the SELLER.
In case of occurence of any one of the following events, the SELLER shall exercise its best efforts to inform the CLIENT as soon as possible.
ARTICLE 15. PERSONAL DATAS
The SELLER collects personal datas about his CLIENTS, including by the use of cookies. The CLIENTS can disallowed cookies by following their browser’s instructions.
The datas collected by the SELLER are used in order to handle the orders placed on the WEBSITE, managing the CLIENT’s account, analyze the orders and, if the CLIENT expressly choose this option, send him promotional offers and/or special sales, except if the CLIENT no longer wishes to receive those kind of communications from the SELLER.
The CLIENT’s datas are kept anonymously by the SELLER for contract purpose.
The CLIENTS can unsubscribed from the promotional mailing list at any time by clicking the link provided for that purpose in every email sent in the footer.
The collected datas can be transmitted, in full or in part, to the service providers of the SELLER involved in the order process. For commercial purposes, the SELLER can transfer the name and contact details of his CLIENTS to his commercial partners, provided that the CLIENTS expressly gave their approval when registering on the WEBSITE.
The SELLER will ask specifically to the CLIENTS if they agree that their personal datas are disclosed to third parties. The CLIENTS can change their mind at any time by contacting the SELLER. The SELLER can also ask to their CLIENTS if they want to receive commercial solicitations from his partners.
In compliance with the stipulations of the law of 6 January 1978, referred to as the “Law on Information Technology and Civil Liberties” (UE) 2016/679 from the European Parliament and the council of April 27th 2016 that pertain to natural person protection regarding personal datas treatment and free movement, and repealing Directive 95/46/CE (General Data Protection Regulation - GDPR), the SELLER shall insure the implementation of the rights of the concerned persons.
The CLIENT has a right of access, rectification, update, portability and erasure on the his personal data held by the SELLER, in accordance with the provisions of the articles 39 and 40 of the Law on Computer Technology and Freedom, and with the provisions of the articles 15, 16 and 17 of the General Data Protection Regulation (GDPR).
In accordance with the provisions of the modified article 38 of the Law on Computer Technology and Freedom and with provisions of the article 21 of the GDPR, the CLIENT, on legitimate reasons, may also object to the processing of data relating to him, fee-exempted.
The CLIENT may exercise these rights by sending an email at this address: [email protected] He can also send a letter at 68 Rue de Hyères, 83140 Six-Fours-les-Plages, FRANCE.
It is stated that the CLIENT has the right to change his identity, either by scanning a piece of identification or by sending a copy of his piece of identification to the SELLER.
ARTICLE 16. CLAIMS
The SELLER puts in the disposition of the CLIENT a “customer service” by phone: Europe 0494102580 , US and Canada: (213) 239-9798 Any written claim of the CLIENT will have to be transmitted at following address: Europe : 68 rue d'hyeres ZAC la Millonne, 83140 Six Fours les Plages. US And Canada: Eshop MOLLY US Corp -127E 9th st, Suite 1205 Los Angeles CA 90015 USA
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and audio elements on the WEBSITE, including the technology that underpins, are protected by copyright, trade mark right and/or patents.
Those elements or the exclusive property of the SELLER. Any individual who publish a website and is willing to create a direct hyperlink to the WEBSITE must ask the permission to the SELLER in writing.
This authorisation from the SELLER will not be definitely granted. This link will be deleted at the request of the SELLER. The hyperlinks pointing on the WEBSITE that are using technologies such as “framing” (iframe) or in-line linking are strictly forbidden.
Any representation or reproduction, in whole or in part, of the WEBSITE and its content, without the authorisation of the SELLER is forbidden and will constitute an offence punishable by law and the articles L.335-2 and L.713-1 regarding the French Code of Intellectual Property.
The acceptance of the present general conditions represents the acknowledgment of the intellectual property of the SELLER by the CLIENT. The CLIENT undertakes to respect it.
Those elements or the exclusive property of the SELLER. Any individual who publish a website and is willing to create a direct hyperlink to the WEBSITE must ask the permission to the SELLER in writing.
This authorisation from the SELLER will not be definitely granted. This link will be deleted at the request of the SELLER. The hyperlinks pointing on the WEBSITE that are using technologies such as “framing” (iframe) or in-line linking are strictly forbidden.
Any representation or reproduction, in whole or in part, of the WEBSITE and its content, without the authorisation of the SELLER is forbidden and will constitute an offence punishable by law and the articles L.335-2 and L.713-1 regarding the French Code of Intellectual Property.
The acceptance of the present general conditions represents the acknowledgment of the intellectual property of the SELLER by the CLIENT. The CLIENT undertakes to respect it.
ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS
Any modification of the laws in force, or any court’s decision invalidating one or several clauses of the present general conditions shall not affect the validity of the present general conditions. Any such modifications will not prevent the CLIENTS to read and know the present general conditions.
All the terms and conditions which have not been expressly mentioned in the present general conditions are ruled in accordance with the trade sector.
All the terms and conditions which have not been expressly mentioned in the present general conditions are ruled in accordance with the trade sector.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
These general conditions apply to any purchase placed on the WEBSITE, as long as the WEBSITE is online.
The general conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable general conditions are those in force at the time of the order.
The changes to the general conditions will not apply to the PRODUCTS that were already bought.
The general conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable general conditions are those in force at the time of the order.
The changes to the general conditions will not apply to the PRODUCTS that were already bought.
Article 20. JURISDICTION AND LAW APPLICABLE
THE PRESENT GENERAL CONDITIONS AS WELL AS THE RELATIONS BETWEEN THE CLIENT AND THE SELLER ARE RULED UNDER FRENCH LAW
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL BY COMPETENT.
However, prior to any appeal to an arbitral or national judge, the CLIENT is invited to contact the complaints department of the SELLER.
If no agreement is found or if the CLIENT can justify that he tried to solve his issue directly with the SELLER by sending him a written complaint, it will then be proposed an optional mediation or conciliation procedure, conducted with a spirit of loyalty and good faith in order to reach an amicable agreement during the occurrence of any conflict on the present contract, including those concerning its validity.
To initiate this mediation, the CLIENT may contact the SELLER’s mediator: Julian SIDONIO, contact details: [email protected].
The party wishing to start the mediation process should inform the other party by registered letter with an acknowledgement of receipt showing the elements of the conflict.
The mediation is not mandatory, the CLIENT or the SELLER may withdraw from the process at any time.
ASSUMING THAT THE MEDIATION FAILED OR IS NOT CONSIDERED, THE CONFLICT WILL BE LEFT IN THE CAPABLE HANDS OF THE APPROPRIATE JURISDICTION NAMED ABOVE.
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL BY COMPETENT.
However, prior to any appeal to an arbitral or national judge, the CLIENT is invited to contact the complaints department of the SELLER.
If no agreement is found or if the CLIENT can justify that he tried to solve his issue directly with the SELLER by sending him a written complaint, it will then be proposed an optional mediation or conciliation procedure, conducted with a spirit of loyalty and good faith in order to reach an amicable agreement during the occurrence of any conflict on the present contract, including those concerning its validity.
To initiate this mediation, the CLIENT may contact the SELLER’s mediator: Julian SIDONIO, contact details: [email protected].
The party wishing to start the mediation process should inform the other party by registered letter with an acknowledgement of receipt showing the elements of the conflict.
The mediation is not mandatory, the CLIENT or the SELLER may withdraw from the process at any time.
ASSUMING THAT THE MEDIATION FAILED OR IS NOT CONSIDERED, THE CONFLICT WILL BE LEFT IN THE CAPABLE HANDS OF THE APPROPRIATE JURISDICTION NAMED ABOVE.
ANNEX 1
WITHDRAWAL POLICYWithdrawal policy
The CLIENT has to right to withdraw by returning the PRODUCT to the SELLER.
It means the PRODUCT shall be returned without delay, and within fourteen (14) days after informing the SELLER of his decision to withdraw, unless the SELLER suggests to retrieve the PRODUCT by himself.
Withdrawal period
In accordance with the article L.221-18 of the French Consumer Code, the withdrawal period expire in fourteen (14) days after the day when the CLIENT, or a third party who is not the carrier, take possession of the PRODUCT.
In case where the CLIENT order several PRODUCTS in an unique order and if this leads to several deliveries (or in the case of an unique order with one PRODUCT delivered in batches), the withdrawal period will expire in fourteen (14) days after the day when the CLIENT, or a third party who is not the carrier, take possession of the last delivered PRODUCT.
If the CLIENT’s order involves several PRODUCTS and if those PRODUCTS are separately delivered, the withdrawal period will expire in fourteen (14) days after the day when the CLIENT, or a third party who is not the carrier, take possession of the last PRODUCT.
Notification of the right to withdrawal
To exercise his right of withdrawal and in accordance with the article L.221-21 of the French Consumer Code, the CLIENT must inform the SELLER of his decision to withdraw with a clearly worded statement (i.e.: formal letter, fax or email) to: Eshop MOLLY US Corp -127E 9th st, Suite 1205 Los Ángeles CA 90015 USA or [email protected]
He can also use the form below:
In order to respect the period of withdrawal, the CLIENT must submit its communication relating to his right to withdrawal before the expiration of the withdrawal period.
Withdrawal effects
In case of withdrawal from the CLIENT, the SELLER undertakes to reimburse the paid sums in full, including the delivery costs (apart from additional costs due to, if applicable, the choice of a carrier other than the standard one by the CLIENT) without excessive delay and within fourteen (14) days from the day following the receipt of the PRODUCT by the SELLER (article L.221-24 of the French Consumer Code).
The SELLER will proceed to the reimbursement by using the same payment method than the one used by the CLIENT during the ordering process, except if the CLIENT agreed to use a different method. At all events, this reimbursement will not lead to additional costs for the CLIENT.
The SELLER does not have to reimburse the additional costs if the CLIENT as expressly choose a more costly delivery method than the standard one.
The SELLER may differ the reimbursement until the receipt of the good or until the CLIENT has provided a proof of shipping, the set date is the one corresponding to the first of this facts.
Return terms
The CLIENT will have to submit its communication concerning his decision to withdraw from the present contract with no excessive delay within fourteen (14) days. He must send it to: 68 rue d'hyeres ZAC la Millonne, 83140 Six Fours les Plages, FRANCE.
This period is respected if the CLIENT return the good before the expiration of the delay of fourteen (14) days.
Return costs
The CLIENT will have to pay the return costs of the good.
In the case of the PRODUCT weight prevent the CLIENT to return this PRODUCT by using postal channel, the CLIENT will have to pay for the return costs of the good.
Condition of the good
The PRODUCT must be returned following the guidelines of the SELLER et must contain all the delivered accessories.
The CLIENT’s responsibility is only engaged regarding the depreciation of the good resulting from manipulations other than those required to establish the nature, characteristics and proper functioning of this PRODUCT. In other terms, the CLIENT has the possibility to test the PRODUCT but his responsibility could be engaged if he proceeds to manipulations other than those required.
Exclusion of the withdrawal right
The withdrawal right is excluded in those cases:
- The supply of goods and services for which the price is dependent on fluctuations in the market
- The supply of goods made to the consumer’s specifications or clearly personalized
- The supply of goods which are liable
- The supply of sealed audio or video recordings or sealed computer software which were unsealed by the consumer
- Newspaper, magazine, or other periodical publication (apart from subscription contract)
- Accomodation and leisure services (not for residential purposes), transport of goods, car rental, restoration or recreational services if the offer requires a specific date or period of performance.
- The supply of goods which because of their nature are mixed to other items.
- The supply of sealed goods which cannot be returned because of health or hygiene risks and were unsealed by the CLIENT after the DELIVERY
- The supply of alcoholic beverages for which the price was agreed at the moment of the conclusion of the sale contract, and for which the delivery cannot be made only 30 days after and for which the value depends on fluctuation on the market and are beyond the control of the SELLER
- The supply of digital content not supplied dematerialised if the execution began with the prior approval of the consumer. The consumer has legally recognised that he will lost his withdrawal right.
- The contracts concluded during a public auction
The CLIENT has to right to withdraw by returning the PRODUCT to the SELLER.
It means the PRODUCT shall be returned without delay, and within fourteen (14) days after informing the SELLER of his decision to withdraw, unless the SELLER suggests to retrieve the PRODUCT by himself.
Withdrawal period
In accordance with the article L.221-18 of the French Consumer Code, the withdrawal period expire in fourteen (14) days after the day when the CLIENT, or a third party who is not the carrier, take possession of the PRODUCT.
In case where the CLIENT order several PRODUCTS in an unique order and if this leads to several deliveries (or in the case of an unique order with one PRODUCT delivered in batches), the withdrawal period will expire in fourteen (14) days after the day when the CLIENT, or a third party who is not the carrier, take possession of the last delivered PRODUCT.
If the CLIENT’s order involves several PRODUCTS and if those PRODUCTS are separately delivered, the withdrawal period will expire in fourteen (14) days after the day when the CLIENT, or a third party who is not the carrier, take possession of the last PRODUCT.
Notification of the right to withdrawal
To exercise his right of withdrawal and in accordance with the article L.221-21 of the French Consumer Code, the CLIENT must inform the SELLER of his decision to withdraw with a clearly worded statement (i.e.: formal letter, fax or email) to: Eshop MOLLY US Corp -127E 9th st, Suite 1205 Los Ángeles CA 90015 USA or [email protected]
He can also use the form below:
WITHDRAWAL FORM
To the attention of: GROUPE CHRONO IMPORT
Phone: +33(0) 4 94 94 97 80
Fax:
Email: [email protected]
I hereby notify my withdrawal of the contract concerning the sale of this PRODUCT:
PRODUCT reference:
Invoice nb:
- Ordered on [________________]/received on [________________]
- Payment method:
- CLIENT’s name (or beneficiary):
- CLIENT’s billing address:
- CLIENT’s delivery address:
- Signature
- Date
Phone: +33(0) 4 94 94 97 80
Fax:
Email: [email protected]
I hereby notify my withdrawal of the contract concerning the sale of this PRODUCT:
PRODUCT reference:
Invoice nb:
- Ordered on [________________]/received on [________________]
- Payment method:
- CLIENT’s name (or beneficiary):
- CLIENT’s billing address:
- CLIENT’s delivery address:
- Signature
- Date
In order to respect the period of withdrawal, the CLIENT must submit its communication relating to his right to withdrawal before the expiration of the withdrawal period.
Withdrawal effects
In case of withdrawal from the CLIENT, the SELLER undertakes to reimburse the paid sums in full, including the delivery costs (apart from additional costs due to, if applicable, the choice of a carrier other than the standard one by the CLIENT) without excessive delay and within fourteen (14) days from the day following the receipt of the PRODUCT by the SELLER (article L.221-24 of the French Consumer Code).
The SELLER will proceed to the reimbursement by using the same payment method than the one used by the CLIENT during the ordering process, except if the CLIENT agreed to use a different method. At all events, this reimbursement will not lead to additional costs for the CLIENT.
The SELLER does not have to reimburse the additional costs if the CLIENT as expressly choose a more costly delivery method than the standard one.
The SELLER may differ the reimbursement until the receipt of the good or until the CLIENT has provided a proof of shipping, the set date is the one corresponding to the first of this facts.
Return terms
The CLIENT will have to submit its communication concerning his decision to withdraw from the present contract with no excessive delay within fourteen (14) days. He must send it to: 68 rue d'hyeres ZAC la Millonne, 83140 Six Fours les Plages, FRANCE.
This period is respected if the CLIENT return the good before the expiration of the delay of fourteen (14) days.
Return costs
The CLIENT will have to pay the return costs of the good.
In the case of the PRODUCT weight prevent the CLIENT to return this PRODUCT by using postal channel, the CLIENT will have to pay for the return costs of the good.
Condition of the good
The PRODUCT must be returned following the guidelines of the SELLER et must contain all the delivered accessories.
The CLIENT’s responsibility is only engaged regarding the depreciation of the good resulting from manipulations other than those required to establish the nature, characteristics and proper functioning of this PRODUCT. In other terms, the CLIENT has the possibility to test the PRODUCT but his responsibility could be engaged if he proceeds to manipulations other than those required.
Exclusion of the withdrawal right
The withdrawal right is excluded in those cases:
- The supply of goods and services for which the price is dependent on fluctuations in the market
- The supply of goods made to the consumer’s specifications or clearly personalized
- The supply of goods which are liable
- The supply of sealed audio or video recordings or sealed computer software which were unsealed by the consumer
- Newspaper, magazine, or other periodical publication (apart from subscription contract)
- Accomodation and leisure services (not for residential purposes), transport of goods, car rental, restoration or recreational services if the offer requires a specific date or period of performance.
- The supply of goods which because of their nature are mixed to other items.
- The supply of sealed goods which cannot be returned because of health or hygiene risks and were unsealed by the CLIENT after the DELIVERY
- The supply of alcoholic beverages for which the price was agreed at the moment of the conclusion of the sale contract, and for which the delivery cannot be made only 30 days after and for which the value depends on fluctuation on the market and are beyond the control of the SELLER
- The supply of digital content not supplied dematerialised if the execution began with the prior approval of the consumer. The consumer has legally recognised that he will lost his withdrawal right.
- The contracts concluded during a public auction
ANNEX 2
DELIVERY POLICY
Delivery zone
The PRODUCTS listed can only be delivered on the TERRITORY.
It is not possible to placed an order for a shipping address located outside of this TERRITORY.
The PRODUCTS are shipped at this/these shipping adresse(s) that the CLIENT had indicated during the order process.
Shipping delay
The delay for preparing an order and establish an invoice, before shipping of the PRODUCTS in stock are mentioned on the WEBSITE. These delays are extended during weekends or public holidays.
An email will be automatically send to the CLIENT right after the shipping of the PRODUCTS, provided that the email address provided is correct.
Delay & delivery costs
During the order process, the SELLER notifies the CLIENT of the delays and lists the possible shipping methods for the PRODUCTS.
The shipping costs are calculated in regard of the shipping method.
The amount of these costs will have to be paid by the CLIENT besides the cost of the PRODUCTS.
The details of the delay and the shipping costs are mentioned on the WEBSITE.
Failing any indication or agreement about the delivery date, the SELLER delivers the PRODUCT without unjustified delay at the latest thirty (30) days after the conclusion of the contract (article L.216-1 of the French Consumer Code).
Conditions of DELIVERY
The package will be handed to the CLIENT against signature or put back in a letterbox.
If the CLIENT is absent at the time of the delivery, a transit advice note will be left so he can go pick up the package later at the post office.
DELIVERY issues
The CLIENT is notified of the delivery date at the moment he chooses the carrier, at the end of the online order process, before validating the order.
It is stated that the deliveries shall be made within thirty (30) days utmost. Failing that, the CLIENT must send a formal demand to the SELLER to ask for a reasonable delay. In case of a non delivery during this delay, the CLIENT may rescind the contract.
The SELLER will reimburse, without excessive delay starting with the receipt of the withdrawal letter, the CLIENT the total paid amount for the PRODUCTS and shipping costs included, with the same payment method the CLIENT used during the order process.
The SELLER is responsible until de delivery of the PRODUCT to the CLIENT. It is recalled that the CLIENT has a period of three (3) days to notify the carrier if there is any damages or partial losses during the delivery.
Out of Europe country: DDU. Deliver unpaid fees. The consignee/customer is responsible for the payment of all fees so that the customs authorities can release the shipment and have it delivered.
The PRODUCTS listed can only be delivered on the TERRITORY.
It is not possible to placed an order for a shipping address located outside of this TERRITORY.
The PRODUCTS are shipped at this/these shipping adresse(s) that the CLIENT had indicated during the order process.
Shipping delay
The delay for preparing an order and establish an invoice, before shipping of the PRODUCTS in stock are mentioned on the WEBSITE. These delays are extended during weekends or public holidays.
An email will be automatically send to the CLIENT right after the shipping of the PRODUCTS, provided that the email address provided is correct.
Delay & delivery costs
During the order process, the SELLER notifies the CLIENT of the delays and lists the possible shipping methods for the PRODUCTS.
The shipping costs are calculated in regard of the shipping method.
The amount of these costs will have to be paid by the CLIENT besides the cost of the PRODUCTS.
The details of the delay and the shipping costs are mentioned on the WEBSITE.
Failing any indication or agreement about the delivery date, the SELLER delivers the PRODUCT without unjustified delay at the latest thirty (30) days after the conclusion of the contract (article L.216-1 of the French Consumer Code).
Conditions of DELIVERY
The package will be handed to the CLIENT against signature or put back in a letterbox.
If the CLIENT is absent at the time of the delivery, a transit advice note will be left so he can go pick up the package later at the post office.
DELIVERY issues
The CLIENT is notified of the delivery date at the moment he chooses the carrier, at the end of the online order process, before validating the order.
It is stated that the deliveries shall be made within thirty (30) days utmost. Failing that, the CLIENT must send a formal demand to the SELLER to ask for a reasonable delay. In case of a non delivery during this delay, the CLIENT may rescind the contract.
The SELLER will reimburse, without excessive delay starting with the receipt of the withdrawal letter, the CLIENT the total paid amount for the PRODUCTS and shipping costs included, with the same payment method the CLIENT used during the order process.
The SELLER is responsible until de delivery of the PRODUCT to the CLIENT. It is recalled that the CLIENT has a period of three (3) days to notify the carrier if there is any damages or partial losses during the delivery.
Out of Europe country: DDU. Deliver unpaid fees. The consignee/customer is responsible for the payment of all fees so that the customs authorities can release the shipment and have it delivered.