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General conditions of Sale

MoMa

6 rue Joseph Le Délézir
St-Marc sur mer

44600 SAINT NAZAIRE
(+33) 02.51.10.80.74 - Fax (+33) 09.72.22.32.49 - GSM (+33) 06.11.17.60.84

infos@moma.fr

The most frequent questions:

Can we pay by credit card?
- Yes. Choose the method of payment by card with the bank Caisse d'Epargne.

The prices are posted exclusive of tax or inclusive of all taxes?
- Our prices are duty-free and all taxes ( 20% ).
What are the payment conditions?
- by credit card, by bank transfer or by check. (For a money order cash prayer to phone beforehand)

In how much rise the transport costs?
- 5€79 HT / 6€95 TTC package for postage (France, Corsica and Monaco) 15€00 HT / 18€00 TTC package shipping to countries bordering the EU (Germany, Andorra, England, Belgium, Spain, Holland, Italy , Luxembourg, Portugal). For all other destinations (Dom-Tom, Switzerland, for example) click on "quote" instead of a mode of payment, we will respond very quickly after weighing the package

The most frequent questions:

Can the private customers also command?
-Yes

I do not manage to seize a quantity of purchase on a product, the commanded(ordered) quantity always returns on 1.
It is necessary to seize the quantity of wished command then to click the button "recalculer"

Article 1 - Prices

1.1 - The prices of our products are in euros excluding tax. The following shipping costs apply for orders to destinations in mainland France, Corsica, Monaco. The package for postage is 5€79 HT / 6€95 TTC ( 20% )  for deliveries. For the countries bordering the EU (Germany, Andorra, England, Belgium, Spain, Holland, Italy, Luxembourg, Portugal) the package is 15€00 HT / 18€00 TTC. The final bill says to her when the order amount total and shipping prices indicated all taxes included. Please click "quote" instead of a mode of payment, or contact us before payment for any other application (Dom-Tom, International etc. ..) to determine if there are extra shipping, and the rate of VAT apply. 

1.2 – MoMa Reserve the right to modify his prices at any time, but products will be charged on the basis of the current price lists at the time of the recording of the orders.
1.3 - Products remain the property of MoMa until the complete collection of the price by MoMa

Article 2 - Order

Internet: www.moma.fr. Contractual information is presented in French and English.
Ordering on www.moma.fr?
The placement of your order is done in several steps:
- The Internet user fills his basket of products,
- The Internet user chooses the mode of delivery,
- The Internet user chooses the method of payment,
- The Internet user makes his request for payment,
- The Internet user then receives a recording moma.fr email of his order,
- Finally, the Internet user receives an e-mail confirming the order.
The order confirmation email means acceptance moma.fr the control of the Internet and thus forms the sales contract between the Parties. Once the order is ready to be shipped, moma.fr send a shipment email the order to the Internet user specifying his (s) number (s) of packages

MoMa reserves the right to cancel or to refuse any order of a customer with whom there would be a dispute concerning the payment of a previous order.

Article 3 - Validation

You declare to have acquainted and accept the present general conditions of sale before the signing of your order. The validation of your order is thus worth acceptance of these General Conditions of Sale. Except contrary proof, the data registered by MoMa constitute the proof of all the transactions crossed by MoMa and her customers.

Article 4 - Disponibility

Our offers of products and prices are valid as long as they are visible on the site, while stocks last. In this executive, indications on the availability of products are supplied to you at the time of the signing of your order. Errors or modifications can exceptionally exist. In the eventuality of an unavailability of product after signing of your order, we shall inform you about it by e-mail. Your order will be canceled and you will be immediately refunded if your bank account has been debited.

Article 5 - Delivery

Products are delivered according to the information indicated on your order form. It is up to you to note all the precision necessary for the good routing of your order.
Products are delivered in metropolitan France, Corsica and Monaco, and bordering countries Eurozone, either by mail way or by an independent carrier, according to the nature of the ordered products and always to the exclusive initiative of the salesman. Prayer to contact us before payment for quite other request (French overseas departments and territories etc.) to determine the possible additional cost of delivery, and the rate of VAT to apply.
MoMa makes a commitment to make the deliveries of articles ordered as soon as possible, the delivery deadline observed for available articles is from 2 to 4 days after reception of the payment.
In the hypothesis where the buyer is absent during the delivery of products, it falls to her to go to remove its goods from the address mentioned on the calling card.
For lack of retreat for the deadline appearing on the notice, the parcel returned to the salesman who reserves the right to pay off the buyer, the deduction made by the committed transport costs.
On no account, the product can be delivered to one poste restante.
In case of average or of nonconformity, the buyer formulates his reserves exactly and clarity(brightness) on the delivery slip. It falls to the buyer to verify the contents, the conformity and the state of the product during the delivery.
This check is considered for having been made since the buyer or the person authorized by her, signed the delivery slip presented by him.

Article 6 - Payment

The payment of your purchases on the site MoMa takes place in euro.
Confirmation of order indicates the definitive price including the fixed package for transport costs of 5€79 HT / 6€95 TTC. 
This price is payable either by bank card with the e-secure transaction system of your bank Caisse Epargne, or by check, or by bank transfer. The takings on your account are made with order for a credit card payment. Prayer to contact us for quite other request. 

Payment by check: join a copy of your order to your payment and send it to us by post in the order of MoMa  6 rue Joseph Le Délézir, St-Marc sur mer, 44600 SAINT NAZAIRE  FRANCE, under letter freed in the current price list. The check must be emitted by a bank taken up residence in metropolitan France, and denominated in euros. Your order will be definitively validated, and the delivery was activated from the date of reception of the check.

Payment by bank transfer: follow the instructions indicated after the validation of the option concerned at the time of your order on the site. The order is definitively validated after reception of the transfer by our bank, the delivery follows. Our banking address and phone number also appear in the e-mail confirmation of order. 

Security of payment.
The credit card payment is secured, the transactions on this site are assured by Caisse Epargne.
All the personal information is protected and coded before the transmission.

We make a commitment to give or to sell no information concerning you.
So, we have no access to your address and phone number banking.

In case of refusal of the center of payment, the order will be cancelled and the informed customer. 

 Article 7 -Refund

Refunds products in the cases referred to in Articles 5 and 8 will be made within 15 days after receipt and control of products by us. The refund is made by MoMa, by the same means of payment used by the client to set the order, or any other if it has requested from the payment methods offered by MoMa, addressed to the customer who placed the order and billing address. No sending return against refunding will be accepted for whatever reason.

Article 8 - Satisfied or paid off

You have a deadline of 14 days as from the reception to return, the product which would not suit you. In the case of an order for several products delivered separately, the 14 days period begins on the date of delivery of the final product. The price of the products purchased and the shipping costs will be reimbursed. The return costs are your responsibility and should be sent to MoMa  6 rue Joseph Le Délézir, St-Marc sur mer, 44600 SAINT NAZAIRE  FRANCE. This right of return will be accepted only for products specific to a new and comprehensive marketing (packaging, accessories, manuals ...), in good condition and accompanied by a copy of the invoice. Or the item (s) returned (s) unfit for further commercialization are not includedTerms: The right of withdrawal is exercised at the discretion of the customer who must notify MoMa in the abovementioned period, by a declaration unambiguous. To this end, the Customer shall notify its decision to MoMa by post or courier service to the Service or directly online on the website. Customer may also use the withdrawal form available in the appendix of the present general conditions of sale. Any notification online will result in an acknowledgment by MoMa. In case of dispute, it's the Customer to prove that he has exercised his right of withdrawal within the legal deadline.  

Some products may not be the right of withdrawal:
* Goods made to customer specifications or clearly personalized.
* Goods liable to deteriorate or expire rapidly.
* Goods which were unsealed by the customer after delivery and can not be returned for hygiene or health protection reasons.
* Goods which, having been delivered, and by their nature, are mixed inseparably with other items.
                                                                

Article 9 - Responsability

The proposed products are in accordance with the current French legislation and with the applicable standards in France. The responsibility of MoMa would not know how to be engaged in case of disregard of the legislation of the country where the product is delivered (for example in case of ban on a product). It is up to you to verify with the local authorities the possibilities of import or use of products or services which you intend to order. The photographs and video illustrating the presented products may contain minimal changes in design of these products. We invite you to refer to the description of every product to know the precise characteristics, and in case of doubt or if you wish further information do not hesitate to contact us. According to the regulations, the provisions hereof may not deprive the customer of the legal guarantee of conformity of purchased products under the conditions of Articles L. 211-4 and following of the Consumer Code. Naturally, for any question on products, you can contact us. In case of purchases professionally, MoMa will incur no responsibility for any consequential damage because of the present, the operating loss, the loss of profit,  the foreign-exchange loss, damage or expenses, which could arise because of the purchase of products. MoMa cannot see consequentlyher involved responsability for any damage whatever it is resultant of a professional activity.

Article 10 - Guarantee - Mediation

Legal guarantee
We make a commitment, in your choice, to pay off you or to exchange you the apparently defective products or not corresponding to your order. Products must have returned to us to the state in which you received them with all the elements (accessories, packaging). In any case, you benefit from legal guarantees of conformity of the property with the contract and the latent defects and it according to legal requirements specified in appendix 1 of the present conditions. The capacities of this article do not prevent you from benefiting from the right of retraction planned in the article 8.

Legal guarantees against hidden defects
According to the regulations, the provisions hereof may not deprive the Customer consumer of the legal guarantee against hidden defects
under the terms of Article 1641 of the Civil Code.
• When acting legal guarantee against hidden defects, the Customer consumer has a period of two years from the discovery of the defect to act; he can choose between:
1. Make the product and get refund the price.
2. Keep good and get refund part of the price.
• The legal guarantee against hidden defects applies regardless of the possibly granted commercial guarantee.
• The Customer consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this event, it may choose between canceling the sale or reduction of the purchase price in accordance with Article 1644 of the Civil Code.

In case of disagreement / dispute regarding a service or product, the consumer customer may address a reasoned complaint
by mail to: The MoMa 6 rue Délézir 44600 Saint-Nazaire
by mail to: administratif@moma.fr
Recourse to the Ombudsman: Since 1 January 2016, if after having exhausted the appeal of our customer service, a misunderstanding or disagreement persists between us, you can free contact the Ombudsman of consumption which we face, who will try to bring the parties to an amicable solution: MEDICYS 75 Boulevard de Clichy 75009 PARIS www.medicys.fr
Pursuant to Article L 152-2 of the Consumer Code, one of the preconditions for dispute consideration MEDICYS is: the consumer client must justify attempting to resolve its dispute previously directly from MoMa a claim filed by mail or email, as further specified in Article 8 of our terms.

Article 11 -Applicable right - Disputes 

These general conditions of sale are subject to French law. As part of a sales contract professional to professional, not having any dispute amicably settled shall be submitted to the exclusive jurisdiction of the Commercial Court of SAINT NAZAIRE, despite multiple defendants and / or collateral, even for emergency procedures or procedures academies in summary or by request. When the co-contractor has to be traders, it may initiate a lawsuit, also the place where the defendant lives (natural or legal person who is assigned to compraraitre in court), with the court the place of effective delivery of its order pursuant to section 46 of the Code of Civil Procedure.

Article 12 - Name specific information

The information and given concerning you is necessary for the management of your order and for our business connections. They can be passed on to the companies which contribute to these relations such as those in charge of the execution of the services and the orders for their management, execution, treatment and payment. This information and data are also preserved in purposes of security, to respect the legal and statutory obligations and as well as to allow us to improve and to personalize the services which we propose you and the information which we send you. According to data protection acts of January 6th, 1978 (  Membership N° to the CNIL 1470643 ) , you have a right of access and a rectification to the particulars concerning you. You just have to write us, by indicating to us your names, first names, e-mail sends and so possible your customer reference.

Legal notices
The present site is the property of the company domiciled MoMa 6 rue Joseph Le Délézir, St-Marc sur mer, 44600 SAINT NAZAIRE  FRANCE, registered in the register of companies of SAINT NAZAIRE, N° SIREN : 527 585 095, TVA: FR89527585095 , EORI: FR52758509500013, Code APE: 4690Z, EURL with a capital of 5000€ . Publishing Director: Morgann Mahé. Site hosted by OVH.

Forgery

Any reproduction or representation of this web site (contents, pages, scripts, etc.), in whole or in part, on a some support, present or future, is strictly forbidden. The disregard of this ban constitutes a forgery engaging the civil and penal liability of the counterfeiter.
The information which it contains is contractual and subject to modification without advance notice.

Appendix: MODEL FORM OF RETURN TYPE

If the Client wishes to exercise his right of withdrawal - in compliance with the conditions laid down in Article 8, it has the option to use the form below:

--------------------------------------------------------------------------------------------------------------

Attention: MoMa pour la Maison & les Loisirs SAV 6 rue Le Délézir 44600 SAINT-NAZAIRE  FRANCE

or e-mail at: sav@moma.fr

I hereby notify you my withdrawal from the contract for the sale of the following property:

- Name(s) and reference(s) Article(s):
- Ordered(s) on:
- Received(s) on:
- No. command:

Name/ first name of the client to the origin of the command:

Customer address the source of the command:

Customer Signature:

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