• home
  • |
  • terms of sale
 Send to friend  Print this page  Version française  English version

Legal contract aimed at warranting good relations between seller and customers.

Terms and Conditions of Sale govern Frederic Mouchet’s website boutique precising the legal frame of each stage for the online purchase process.


PREAMBLE

The present Terms and Conditions of Sale are entered into by, on the one hand, the FREDERIC MOUCHET company (APE code 4791B), registered in Paris under the SIRENE number 514 051 135 00010,

hereinafter referred as the "Vendor",

and any person or entity wishing to purchase photos from the fredericmouchet.com website boutique (http://www.fredericmouchet.com/boutique.php),

hereinafter referred as the "User".

SCOPE

The following Terms and Conditions govern the sale of any product displayed on the fredericmouchet.com website boutique by the FREDERIC MOUCHET company. They are available on the website at the following address : http://www.fredericmouchet.com/conditions-vente.php

The parties agree that their relations will be exclusively governed by this contract, to the exclusion of all other conditions.

Any order duly confirmed on the fredericmouchet.com website implies total acceptance without reservation of the present Terms and Conditions of Sale.

The present Terms and Conditions of Sale may be modified at any time. Any revised Terms and Conditions will be posted on the provider’s website, and will come into effect once posted. The Terms and Conditions applicable are those on line at the time of order placement.

If a condition is found to have been omitted it shall be governed by the procedures in place for the online sales sector for companies located in France. The FREDERIC MOUCHET company undertakes to comply with all laws and regulations applicable to it as defined by the Consumer Code relating to e-commerce.

ACCEPTANCE OF THE CONDITIONS

The User confirms that he/she is of legal age, and that he/she has the legal capacity or has parental consent enabling them to place an order on the website.

Placing an order implies unconditional acceptance of these general sales conditions, including the prices and descriptions of the items offered for sale.

Upon the placing of an order, the User acknowledges that he/she has read, understood, and accepted in full all of the present Terms and Conditions of Sale. The validation of an online order implies acceptance of all conditions set forth herein and recognition of full knowledge thereof.

PURPOSE

The present Terms and Conditions of Sale are intended to define the legal obligations binding the Vendor and the User, and governing the order procedure, payment, and product delivery.
They define all the stages necessary for placement of orders and tracking of said orders between the contracting parties.

CUSTOMER SERVICE

Any User wishing to enter in contact with the Vendor can do so :

ORDERS AND AVAILABILITY

The order may only be processed if the User is clearly identified by the entry of his/her name, e-mail and postal address (at the third stage of the online purchase process).

After receiving the order, the Vendor shall send confirmation to the User via electronic mail that the order has been recorded. It is recommended that the User keep a copy of this e-mail as proof of the order.

The Vendor shall proceed to shipping the item within one (1) to five (5) working days from the validation of the online order.
The User may modify his/her order at any point before the designated shipping date via the website’s online Contact Form.

The FREDERIC MOUCHET company undertakes to fulfil orders received through the website. In case of the exceptional unavailability of an ordered product, the Vendor agrees to notify the User by e-mail and to reimburse the amount paid via Paypal within thirty (30) days from the validation of said order.

However, the Vendor reserves the right to refuse any and all orders in the event of (a) exceptionally large orders (b) ongoing dispute with the User.

PRICES

Prices listed on the website are indicated in euros, all taxes included.
Shipping charges are calculated automatically, and appear when the User selects the delivery location (at the second stage of the online purchase process).
The Vendor reserves the right to change prices at any time, however any products ordered from the FREDERIC MOUCHET company will be billed at the rates in effect at the time of order.

METHODS OF PAYMENT

Users can avail of three payment options :

  • by credit card : Carte Bleue, VISA, Mastercard, American Express (secure transactions through PAYPAL)
  • by store card : Aurore, Cofinoga, 4 stars (secure transactions through PAYPAL)
  • via a PAYPAL account

PROOF AND SIGNATURE

The final confirmation of the order shall constitute proof of completeness of said order in conformity with the provisions of the French law of March 13, 2000, and shall constitute payability of the amounts of the articles entered on the order form. 
Said validation shall constitute signature and express acceptance of all operations performed on the site.

If the User suspects the fraudulent use of his/her credit card, he/she is required, upon discovery, to contact Paypal Customer Service via its website : http://www.paypal.com.

DELIVERY

The order shall be delivered to the address specified by the User in the "Shipping Address" box, during the third stage of the online buying process.

The date for the processing and delivery of goods is calculated at between one (1) to five (5) working days from the date at which the order was validated, plus shipping time (on average 2 working days for metropolitan France).

The User undertakes to check the physical condition of the goods upon delivery. In case of damage in transit, a claim, with justification, must be made against the carrier. The Vendor, who undertakes to use every means necessary to ensure the protection and preservation of the shipped items, cannot be held liable for damage arising in connection with the shipment.

Online orders delivered outside the EU may be subject to import taxes or customs duties that will be determined when the package reaches its country of destination. Such customs duties are solely payable by the receiver of the package, who will pay said fees to the shipping service or to the proper governing authorities. The Vendor is not required to provide information on the custom duties or applicable taxes in the country of destination. For further information, we advise Users to check with their country’s competent authorities.

RIGHT OF CANCELLATION / RETURN

In accordance with Article L121-20 et sec of the French Consumer Code, the User benefits from an opting-out right of seven (7) days, as of the day of receipt of their order, to return their product to the Vendor for exchange or reimbursement without penalty, with the exception of the costs of return shipping.
For right of cancellation to apply, it is understood that the ordered items must not have been damaged or used in any way.

Before returning an item, the User is required to notify the Vendor in writing (using, for example, the Contact Form on the website). Parcels may only be taken back where the sender’s name is clearly identified thereon.

The costs and risks associated with returning the product are the sole responsibility of the User.

Refunds will be effected via PAYPAL upon receipt of the items.
The refund does not include any participation towards shipping costs.

WARRANTIES

For all items purchased from the online boutique, the User benefits from legal warranties enabling him to return defective or damaged products as defined under Articles L211-4 et seq. of the French Consumer Code.

The User also benefits from the legal warranties stipulated in Article 1641 et sec of the Civil Code.

Products that have suffered deterioration from external events or accidents, as well as those altered or repaired, are excluded from warranty.

Before returning an item, the User is required to notify the Vendor in writing (using, for example, the website’s Contact Form).

The Vendor’s liability is limited to the refund or replacement of items recognised as defective or damaged before shipment. For items damaged during delivery, the Vendor’s liability can be incurred only if the use of deficient packing is proven.
The Vendor and his agents reserve the right to examine and verify the alleged defects.

LIABILITY

The FREDERIC MOUCHET company has an obligation of performance for all stages of the order process as well as for services subsequent to the conclusion of the contract.

Thus, the Vendor undertakes to describe with the utmost accuracy the products sold by the fredericmouchet.com online boutique.

The Vendor also undertakes to use all necessary means to protect the shipped items.

The Vendor cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, including but not limited to interruption of service, external intrusion, or the presence of computer viruses.

FORCE MAJEURE

The Vendor cannot be held liable in the case of a breach of contract due to the unpredictable or insurmountable acts of a third party, or in the case of a force majeure, as defined by French jurisprudence.

PERSONAL DATA

The User grants the Vendor the sole right to use his/her personal information (name and e-mail) to communicate information on services and promotional offers of potential interest to him/her.
The User is hereby informed that he/she may elect at any time not to receive commercial or promotional messages via a request through the website’s Contact Form, stating his/her full name, e-mail address, status and country of residence.

In accordance with the provisions of Act N°78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, the User is advised that he/she has the right to access, rectify, or delete information relating to him/her upon written request to the Vendor.

The User is hereby informed that the system of automatic processing of information, and in particular management of Users’ e-mail addresses, has been duly declared before the French Data Protection Authority, the CNIL, registered under the number (declaration in process) on the (awaiting confirmation date).

The Vendor makes every effort to ensure the confidentiality and security of the data sent via the Web. To this end, the fredericmouchet.com website uses Paypal, which encompasses the most powerful tools for protecting confidential information including the SSL (Secure Socket Layer) payment security module.

PRESERVATION AND ARCHIVING OF TRANSACTION

The computerised records of the FREDERIC MOUCHET company, stored in reasonably secure conditions, shall be considered by the parties as proof of the communications, orders, payments and transactions to have taken place between the parties.

Purchase orders and invoices are filed on a reliable and durable support constituting a true copy in accordance with the dispositions of Article 1348 of French Civil Code.

DURATION

The present Terms and Conditions shall apply throughout the duration of the existence online of the services offered by the FREDERIC MOUCHET company.

SEVERABILITY OF CLAUSES

Should any provision of the present Terms and Conditions of Sale become null and void as a result of a change in legislation, regulations, or by virtue of a court decision, the other provisions of the present Terms and Conditions shall remain in full force and effect.

LAW AND JURISDICTION

The present contract is governed by French law. In case of dispute, only French courts are competent.


Back to top

free wallpaper download       

© FREDERIC MOUCHET  -  Tel : +33 (0)6 70 09 23 87

by Neuro-Graph