Preamble
The general terms and conditions of sale presented here govern the contractual relationship between IE Julie Fumat, illustrator, and any customer using the online store selling illustrations and related products accessible at www.moonstbarth.com. They are applicable to any purchase made on the store website www.moonstbarth.com.
The customer acknowledges having read the general conditions of sale and accepts them without reservation when concluding a contract with IE Julie Fumat. IE Julie Fumat reserves the right to modify the content at any time. The General Conditions applicable to a sale of illustration or derived products online will be those in force at the time of payment of the price of this sale. The validation of the order is thus worth acceptance of the general conditions of sale.
Article 1 – Principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the Moon St Barth website at www.moonstbarth.com and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that the present general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the customs in force in the sector of the remote sale whose companies have their seat in France.
Article 2 – Content
The present general conditions have for object to define the rights and obligations of the parties within the framework of the online sale of goods proposed by the salesman to the buyer, from the website Moon St Barth to www.moonstbarth.com.
These purchases concern the following products: Stationery items, textile items and original works.
Article 3 – Pre-contractual information
The buyer acknowledges having had communication, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of the present general conditions of sale and of all the information listed in article L. 221-5 of the consumer code.
Are transmitted to the buyer, in a clear and understandable way, the following information:
– the essential characteristics of the good
– the price of the good and/or the method of calculation of the price
– if applicable, all additional costs of transport, delivery or postage and all other possible costs payable
– in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of the price
– the information relating to the identity of the seller, its postal and electronic address, and its activities, those relating to legal guarantees, the functionalities of the digital content and, if necessary, its interoperability, the existence and the methods of implementation of the guarantees and other contractual conditions.
Article 4 – The order
The buyer has the possibility of placing his order online, from the online catalog and using the form that appears, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
In order for the order to be validated, the buyer must accept, by clicking where indicated, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.
The sale will be considered final :
– after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail
– and after collection by the seller of the full price.
Any order implies acceptance of the prices and the description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, erroneous address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.
For any question relating to the follow-up of an order, the purchaser can send an e-mail to the salesman at the following e-mail address: contact@moonstbarth.com
Article 5 – Electronic signature
The online provision of the buyer’s credit card number and the final validation of the order will be worth proof of the buyer’s agreement:
– Payability of the sums due under the purchase order;
– signature and express acceptance of all operations carried out.
Article 6 – Order confirmation
The seller provides the buyer with an order confirmation by e-mail.
Article 7 – Proof of the transaction
The computerized registers, kept in the computer systems of the seller in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 8 – Information on the products
The products governed by these general conditions are those that appear on the seller’s website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the responsibility of the seller could not be engaged.
The photographs of the products are not contractual.
Article 9 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date.
The prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. As the company is not subject to VAT, the prices are indicated in HT.
If one or several taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.
Article 10 – Method of payment
It is an order with obligation of payment, which means that the placing of the order implies a payment of the buyer.
To pay his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the site of the seller. The purchaser guarantees to the salesman that he has the authorizations possibly necessary to use the method of payment chosen by him, at the time of the validation of the purchase order. The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.
The payment of the price is carried out in totality at the day of the order, according to the following methods:
– Paypal
Article 11 – Availability of products – Refund – Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, the shipping time will be, within the limits of available stocks, one week. The shipping time starts from the date of registration of the order indicated on the order confirmation email.
In case of non-compliance with the agreed delivery date or time, the buyer shall, before breaking the contract, request the seller to execute it within a reasonable additional time.
If the Seller fails to do so within such further period, the Buyer shall be free to withdraw from the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by a written document on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, terminate the contract immediately, if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to ask either for a refund of the sums paid within 14 days at the latest of their payment, or to exchange the product.
Article 12 – Terms of delivery
The delivery means the transfer to the consumer of the physical possession or control of the good. The ordered products are delivered according to the modalities and the time specified above.
The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to take care of its exactitude.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to withdraw the parcel at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items.
If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products …).
This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.
The buyer will then have to confirm by registered mail these reserves to the carrier at the latest in the two working days following the reception of the articles and to transmit a copy of this mail by fax or simple mail to the salesman to the address indicated in the legal mentions of the site.
If the products need to be returned to the seller, they must be the subject of a request for return to the seller within 14 days of delivery. Any claim made outside of this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions…).
Article 13 – Errors of delivery
The purchaser will have to formulate with the salesman the same day of the delivery or at the latest the first wrought day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Any claim made after this deadline will be rejected.
The complaint could be made, with the choice of the purchaser:
– by e-mail to the following address: contact@moonstbarth.com.
Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the attribution of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded will have to be returned to the salesman as a whole and in its packing of origin, under the conditions which will be communicated by e-mail.
The expenses of return are chargeable to the salesman.
Article 14 – Guarantee of the products
14-1 Legal guarantee of conformity
The seller is the guarantor of the conformity of the goods sold to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided in Articles L. 217-4 and following of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that :
– the buyer has a period of 2 years from the delivery of the goods to act;
– the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the Consumer Code;
– the buyer does not have to prove the non-conformity of the good during the 24 months in case of new goods (6 months in case of second-hand goods), following the delivery of the good.
14-2 Legal guarantee against hidden defects
In accordance with articles 1641 and following of the civil code, the seller is responsible for hidden defects that may affect the sold good. It is up to the buyer to prove that the defects existed at the time of the sale of the goods and are such as to render the goods unfit for the purpose for which they were intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 – Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the code of consumption, the purchaser has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and ask for an exchange or refund without penalty, except for the return costs which remain the responsibility of the purchaser.
The returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, accompanied by the purchase invoice.
The damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of
declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.
In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the delivery costs are refunded.
The return costs are at the buyer’s expense.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer in accordance with the above conditions.
Exceptions
According to the article L221-28 of the Code of consumption, the right of retraction cannot be exercised for the contracts :
– supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
– supply of goods made to the specifications of the consumer or clearly personalized;
– the supply of goods that are likely to deteriorate or expire rapidly;
– 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 delivery and by their nature, are inseparably mixed with other articles;
– the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
– 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 for these publications;
– of supply of a digital content not supplied on a material support whose execution started after prior express agreement of the consumer and express renunciation of his right of retractation.
Article 16 – Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and lead to their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 17 – Intellectual property
The content of the website remains the property of the seller, the only holder of the intellectual property rights on this content.
The buyers commit themselves not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an offence of counterfeiting.
Article 18 – Data processing and freedom
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They can be communicated to the partners of the salesman in charge of the execution, the treatment, the management and the payment of the orders.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the modalities defined on the Moon St Barth website, at www.moonstbarth.com.
Article 19 – Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and scope.
Article 20 – Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 21 – Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 – Language of the contract
The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 23 – Mediation
The buyer can resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.
Article 24 – Applicable law
The present general conditions are subject to the application of French law. The competent court is the court of first instance for disputes amounting to less than or equal to €10,000 or the court of first instance for disputes amounting to more than €10,000.
This applies to both substantive and formal rules. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.