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General terms

The online store momilc.com site was set up by the company MOM'iLC FRANCE SAS, which is the operator of this site. Any order under a product appearing in the online store's website www.momilc.com requires prior consultation of these general conditions. Consequently, the consumer is fully aware of the fact that its agreement on the content of these conditions does not require a handwritten signature of this document, insofar as the customer wants to order online the products presented in the framework of the shop website. The consumer has the option to save or print these terms, given that both saving and editing of this document are the sole responsibility. The consumer, prior to his order, said that the acquisition of these products is not directly related to his business, its acquisition is reserved for personal use from him. As a consumer, the customer has specific rights, which would be called into question the assumption that the goods or services purchased through the website would actually have a relationship with its work. The online shop set up by the company MOM'iLC FRANCE SAS through the website lists the following information:

  1. Disclaimer enabling precise identification of the company MOM'iLC FRANCE SAS

  2. Presentation of the essential characteristics of the goods offered

  3. Indication, in Euros of the price of goods and, where appropriate, delivery charges

  4. Indication of payment, delivery or performance

  5. The existence of a right of withdrawal

  6. The validity of the offer or the price

  7. The conditions for terminating the contract when it is permanent or lasting longer than one year

  8. All this information is presented in either French & English. The consumer states have full legal capacity to engage under these conditions

 

Article 1: Entirety

These Terms constitute the entire obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions contained in these terms. No general or specific in documents sent or given by the consumer will be incorporated herein, since these documents are inconsistent with these conditions.

Article 2: Purpose
These conditions were aimed at defining the rights and obligations of parties under the online sale of goods and services offered by the company MOM'iLC FRANCE SAS consumer.

Article 3 : Contractual documents
This contract contains the following contractual documents, presented in descending order: these conditions, the purchase order. In case of conflict between the provisions contained in the documents of different ranks, the document's provisions senior prevail.

Article 4: Entry into force - length
These conditions come into force on the date of signing the purchase order. These conditions are concluded for the time necessary for the provision of goods and services purchased, until the expiry of the guarantees owed by the company MOM'iLC FRANCE SAS.

Article 5: Electronic signature
The double click of the consumer on the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Article 6: Order Confirmation
If you submit an order for goods and/or services via this site by clicking 'Place Order', your order is an offer to us to buy the goods and/or services on our website. We will acknowledge receipt of your order by sending you an [automatically generated] email acknowledging your order. This email is the confirmation of your order.


Article 7: Proof of the transaction
The records stored in computer systems company MOM'iLC FRANCE SAS in conditions of reasonable safety, will be considered proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.

Article 8: Product Information
8-a : The company MOM'iLC FRANCE SAS presents on its website to sell products with the features necessary to allow compliance with the
Article L 111-1 of the Consumer Code, which allows for the potential consumer to know before taking command of the essential characteristics of the products he wants to buy.
8-b : The offers presented by the company MOM'iLC FRANCE SAS are valid only within the limits of available stocks.

Article 9: Price
Prices do not include shipping costs, charged in addition, and indicated before the validation of the order. VAT is applicable on the date of the order and any change in the VAT rate will be automatically reflected on the prices of the online store. Payment in full must be made when ordering. At no time, the payments can not to be considered as a deposit or down payment.

Article 10: Payment
To set the order, the consumer can pay in advance by Credit Card, Visa, Mastercard, American Express, JCB, Diners, Moneybookers eWallet, Check / Money Order or Paypal. Payment for goods and/or services will be made via the site in accordance with the procedure explained in the site. Your credit card will be charged following our acceptance of your order. Your bank account will be charged immediately after placing your order if you choose to pay via direct debit. The consumer provides the company MOM'iLC FRANCE SAS he has the required permission to use the payment method chosen by him, during the validation of the order. The company MOM'iLC FRANCE SAS reserves the right to suspend any order and any delivery in case of refusal to authorize payment by credit card by certified financial institution or in case of nonpayment. The company MOM'iLC FRANCE SAS specifically reserves the right to refuse delivery or to deliver an order from a customer who has not settled in full or in part a previous order or with whom a payment dispute during feeding.

Article 11: Availability of products
The order will be executed no later than within three days from the day following that on which the consumer placed his order. In case of unavailability of the product ordered, mainly because of our suppliers, the consumer will be informed at the earliest and will be able to cancel the order. The consumer will then have the option of requesting either a refund of amounts paid within 30 days before their payment, or exchange the product.

Article 12: Delivery
The products are delivered to the address specified by the consumer on the purchase order. The consumer is responsible for checking the condition of the packaging of the goods upon delivery and report damage to the carrier on the delivery, and the company MOM'iLC FRANCE SAS, in a period of one week. The consumer may, at its request, obtain sending an invoice to the billing address and not the delivery address the validity of the option provided for this purpose on the order form. As regards the expedition, we work primarily with Colissimo, Chronopost and UPS. When we do a mailing, you will immediately receive an email informing you. The Colissimo, Chronopost and UPS rates are automatically calculated based on the delivery area and the weight of the package. For deliveries outside of the European Union no customs duties or import sales tax are charged.
LA POSTE
To minimize transport costs, all products of little and medium are shipped by postal service Colissimo. Besides being economical, this service delivers in 48 hours across France and offers the possibility of recovering the goods ordered at your local post office delivery address in case of absence from initial delivery at the presentation of the factor. Specifically, if you are absent the day of delivery, your postman will leave a notice in your mailbox, allowing you to withdraw your order at the post office during business hours within 15 days. Colissimo is a very reliable service. However, he may, as in any expedition, there may be a delay of delivery or the product gets lost. In case of late delivery from the date that we have stated in the mail from, we ask you to report the delay in calling us by phone or by sending us an email. We will then contact the Post to start an investigation. A Post investigation may take up to 21 days from the date of commencement of the investigation. If during this period, the product is found, it will immediately re-routed to your home (the majority of cases). If instead the product is not found at the end of the period of 21 days of investigation, the Post considers the package as lost. It is only then that we can send you a replacement product, at our expense. If the ordered products were not available at this time, we will refund the amount of products affected by the loss of carrier. We disclaim any responsibility for the longer delivery times due to the carrier, particularly in cases of loss of products or strike.

Article 13: Contract's content

We store the contract’s content and will send you the details of your order as well as the our general terms via e-mail. You can find the general terms here at all times. You will find the details about your recent orders in your customer login.

Article 14: Delivery errors
In case of wrong delivery or exchange, you must send the goods back to us in their original condition to our contact address at your own cost (unless we delivered the item to you in error or if the item is damaged or defective) as soon as possible.

MOM'iLC FRANCE SAS - 154 Avenue de Verdun - 92130 Issy les Moulineaux


Article 15 : Product Warranty
Pursuant to Article 4 of Decree No. 78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which requires the seller to insure against the consequences of latent defects in the thing sold. The consumer is expressly informed that the company MOM'iLC FRANCE SAS is not the producer of the products featured in the website, within the meaning of Law No 98-389 of 19 May 1998 and on the liability defective products. Accordingly, in case of damage to person or property by a defective product, only the liability of the producer thereof could be sought by the consumer, on the basis of information on the packaging of the product. The conditions and duration of warranty producer are shown on the relevant products. Given the frequency of renewal of the components of technical products, MOM'iLC FRANCE SAS may, upon request, inform consumers about the availability of spare parts of products offered and how to possibly get them.

Article 16: Right of withdrawal

You have the right to cancel the purchase of an item or services without having to give a reason at any time within seven working days, beginning, in the case of goods, on the day after you receive the goods.

Return fees will be paid by customer himself. If this deadline falls on a Saturday, Sunday, a holiday or a day off, it will be extended to the next business day. All returns must be shipped by registered mail at the company MOM'iLC FRANCE SAS, 154 Avenue de Verdun - 92130 Issy les Moulineaux.

This right of withdrawal is without penalty, except the cost of return.

Assuming the right of withdrawal, the consumer has the option of requesting either a refund of amounts paid, or exchange the product. In the case of an exchange, the re-shipment will be at the expense of consumers.

If the right of withdrawal is excercised, the company MOM'iLC FRANCE SAS will make every effort to refund the consumer within 15 days. However, given the technical nature of the goods, this period may be extended to 30 days, especially when the product needs a technical audit (products will be tested beforehand). The consumer will then be refunded by crediting his bank account (secure transaction) if paid by credit card or check in other cases. If you want to cancel your order simply send us an email to serviceclient@momilc.com.

Article 16 bis : Right of withdrawal for German Customers

Sie können Ihre Vertragserklärung innerhalb von 14 Tagen ohne Angabe von Gründen in Textform (z. B. Brief, Fax, E-Mail) oder wenn Ihnen die Sache vor Fristablauf überlassen wird durch Rücksendung der Sache widerrufen. Die Frist beginnt nach Erhalt dieser Belehrung in Textform, jedoch nicht vor Eingang der Ware beim Empfänger (bei der wiederkehrenden Lieferung gleichartiger Waren nicht vor dem Eingang der ersten Teillieferung) und auch nicht vor Erfüllung unserer Informationspflichten gemäß Artikel 246 § 2 in Verbindung mit § 1 Abs. 1 und 2 EGBGB sowie unserer Pflichten gemäß § 312e Abs. 1 Satz 1 BGB in Verbindung mit Artikel 246 § 3 EGBGB. Zur Wahrung der Widerrufsfrist genügt die rechtzeitige Absendung des Widerrufs oder der Sache. Der Widerruf ist zu richten an:

MOM'iLC FRANCE SAS - 154 Avenue de Verdun 92130 Issy-les-Moulineaux - France


Widerrufsfolgen

Im Falle eines wirksamen Widerrufs sind die beiderseits empfangenen Leistungen zurückzugewähren und ggf. gezogene Nutzungen (z. B. Zinsen) herauszugeben. Können Sie uns die empfangene Leistung ganz oder teilweise nicht oder nur in verschlechtertem Zustand zurückgewähren, müssen Sie uns insoweit ggf. Wertersatz leisten. Bei der Überlassung von Sachen gilt dies nicht, wenn die Verschlechterung der Sache ausschließlich auf deren Prüfung - wie sie Ihnen etwa im Ladengeschäft möglich gewesen wäre - zurückzuführen ist. Im Übrigen können Sie die Pflicht zum Wertersatz für eine durch die bestimmungsgemäße Ingebrauchnahme der Sache entstandene Verschlechterung vermeiden, indem Sie die Sache nicht wie Ihr Eigentum in Gebrauch nehmen und alles unterlassen, was deren Wert beeinträchtigt. Paketversandfähige Sachen sind auf unsere Kosten und Gefahr zurückzusenden. Nicht paketversandfähige Sachen werden bei Ihnen abgeholt. Verpflichtungen zur Erstattung von Zahlungen müssen innerhalb von 30 Tagen erfüllt werden. Die Frist beginnt für Sie mit der Absendung Ihrer Widerrufserklärung oder der Sache, für uns mit deren Empfang.


Article 17: Rights of Use
Le The right to use the company's software MOM'iLC FRANCE SAS, as well as those distributed by it shall be given to consumers in a non-exclusive, personal and not transferable in accordance with the Code of Intellectual Property. However, under Article L122-6-1 of this Code, the consumer has a right to reproduce exclusively for the establishment of a backup, when it is necessary to preserve the use of software. In any event, the software author retains ownership of his work, the consumer agrees to comply.

Article 18: Force majeure
Neither party has breached its contractual obligations, to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Be considered fortuitous event or force majeure all compelling facts or circumstances, outside parties, unpredictable, unpreventable, independent of the will of the parties and can be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days after the date on which it becomes aware. Both parties will then, within one month, unless unable due to force majeure, to examine the impact of the event and agree the conditions under which the contract will be continued. If the case of force majeure lasts longer than three months, these terms may be terminated by the aggrieved party. Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence and the French courts: the blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning cessation of telecommunication networks or difficulties specific to telecommunication networks to external customers.

Article 19: Partial non-validation
If one or more provisions of these terms are held to be invalid or declared under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.

Article 20: No Waiver
The failure of either party not to claim a breach by the other party to any obligations contained in these Terms shall not be interpreted in future as a waiver of the requirement involved.

Article 21: Title
In case of difficulty of interpretation between any of the titles at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22: Applicable Law
These general conditions are subject to French law. This is for the rules of funds as for the rules of form. In case of dispute or claim, the consumer will apply primarily to the company MOM'iLC FRANCE SAS to find an amicable solution. In a second time and in case of appeal, the consumer may file a complaint with MOM'iLC FRANCE SAS , through its dedicated dialog box.

Article 23: Data Protection
The information requested from the consumer is required to process the order and will be communicated to the contractual partners of the company MOM'iLC FRANCE SAS involved in the execution of this command. Consumers can write to the company MOM'iLC FRANCE SAS whose coordinates are within the privacy policy contained within the website, to oppose such disclosure or to exercise rights of access, correction with regard to information concerning him contained in the files of the company MOM'iLC FRANCE SAS, as provided by law of January 6, 1978.