Terms of Sales
Preamble
These general conditions of sale apply to all sales concluded on the website.
The website https://mimoons.fr/ is a service of the individual company Stéphanie Bertault, located 3 rue Maurice Duhaze – 50100 Cherbourg en Cotentin
Website URL: https://mimoons.fr/
E-mail: contact@stephanie-bertault.fr
The Mimoon's brand operates, under different brands, an activity selling items mainly intended for the baby and child market, future mothers, childcare, as well as bedroom decoration and furnishings. of children.
The customer declares to have read the general conditions of sale at the time of validation of the order, which constitutes acceptance of them.
Article 1 – Principles
These 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 conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales
They are accessible on the Mimoon's website and will prevail. if applicable. on any other version or any other contradictory document
These General Terms and Conditions are concluded between Mimoon's and any non-commercial natural person wishing to make a purchase via the website (the “Customer”).
These General Terms and Conditions govern the sale of all items presented on the website (hereinafter the “items”).
If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general conditions of sale are valid until December 31, 2023.
The seller adheres to the CNPM CONSUMER MEDIATION and undertakes to comply with all the provisions of the Consumer Code relating to distance selling
Article 2 – Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of products offered by the seller to the buyer.
These conditions only concern purchases made on the site of items offered by Mimoon's and delivered exclusively in mainland France or Corsica.
These purchases concern the following products:
Articles mainly intended for the baby and child market, future mothers, childcare, as well as decoration and furnishing of children's rooms.
Article 3 – Pre-contractual information
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L.221- 5 of the consumer code
The following information is transmitted to the buyer in a clear and understandable manner.
- the essential characteristics of the product;
- the price of the product;
- if applicable, all additional transport, delivery or postage costs and all other possible costs payable
- in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the product;
- information relating to the identity of the seller, his postal and electronic contact details, and his activities, those relating to legal guarantees, and the functionalities of the digital content.
Article 4 – The order
4.1 Prior identification of the Customer
To place an order, you identify yourself with your email address or your Customer number and your password. For any first order, you will have to follow an account creation procedure indicated on the website. The Customer number is personal. Any loss or omission must be reported to Mimoon's Customer Service by email: contact@mimoons.fr
4.2 Registration and validation of the order
Once you have chosen all the items you wish to order, you will be able to log in to your account, or create an account, then you will need to choose the address and delivery method, and finally validate the payment method. This last step will formalize the sales contract between Mimoon's and you.
Validation of the order constitutes express acceptance of the General Terms and Conditions.
Mimoon's will acknowledge receipt of the order by sending an e-mail within forty-eight (48) hours (except orders placed on Fridays, Saturdays, Sundays and public holidays, French times) which will contain a link to these general conditions of sale.
Article 5 – PAYMENT
payment methods
Cash by bank card (Carte Bleue, e-carte bleue, Visa, Mastercard)
Your account will be debited upon validation of your order, in particular by the secure payment service (see below).
If an item turns out to be unavailable, the corresponding amount will be credited back to your account when unavailability is noted.
Secure payment service:
The information relating to your order is subject to automated data processing under the conditions set out below. In order to strengthen the level of security of operations carried out on the website and to protect Mimmon's and its customers against possible identity theft or attempted fraud.
If an item turns out to be unavailable, the corresponding amount will be credited back to your account when unavailability is noted.
Secure payment service: STRIPE
The invoice for your order will be sent to you by email upon confirmation of shipment of your order.
Article 6 - THE DELIVERY
Delivery times and conditions can be consulted here .
For each order, with some exceptions, you are asked for a flat-rate contribution to the order processing costs (postage, packaging, package preparation) which is communicated in the “Basket” step when ordering online.
For items delivered unassembled, assembly remains the responsibility of the Customer. The latter commissions the equipment himself, complying with the commissioning instructions included in the user manual.
Delivery of the items will be made in mainland France by colissimo with signature:
- To your address
- At another address
Delivery of items will take place outside mainland France by international colissimo:
- To your address
- At another address
The applicable rates are those previously defined by Colissimo La Poste service and are therefore subject to change.
Delivery is free in France for all orders over 75 euros.
Article 7 – REFUND – RETURN (RIGHT OF WITHDRAWAL)
All items offered for sale, purchased on the site http://www.mimoons.fr/ and delivered by Mimoon's may be subject to return and refund except those excluded by law.
To qualify for reimbursement, the items must not have been worn, washed, used, damaged, or be inseparable goods from other items (lot), and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
In the event of non-compliance with the return conditions provided for in this article, Mimoon's reserves the right:
- – Not to reimburse returned items;
- – To donate or destroy them.
7.1 Right of withdrawal
All items purchased on the site http://www.mimoons.fr/ may be subject to withdrawal, excluding those covered by law.
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following categories of articles:
- – Goods made to the consumer’s specifications or clearly personalized;
- – Goods which have been unsealed by the consumer after delivery;
- – Goods which cannot be returned for reasons of hygiene or health protection.
You have 15 days from receipt of the last package of your order to notify us of your wish to withdraw by returning to us by free mail or email. contact@mimoons.fr in the following form:
______________________________________________________________________________________________
WITHDRAWAL FORM MODEL
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of MIMOON'S, 3 rue Maurice Duhaze – 50100 CHERBOURG EN COTENTIN – France,
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete what is unnecessary.
______________________________________________________________________________________________
You have 15 additional days from the sending of the return notification, to return an item from your order to us, according to the provisions provided for in paragraph
7.2 Returns
If you have not exercised your right of withdrawal within the time limits referred to in 6.1, Mimoon's will accept on a commercial basis to take back your item, as long as it is returned to us within 30 days from delivery of the last package of your order, and that the return conditions referred to in this article have been respected.
To return an item, simply return the item to us at the following address with the return receipt. If you do not have a good return, please request it by email: contact@mimoons.fr
Return postage costs at your expense.
In the event of a return made in accordance with this article, Mimmon's undertakes to reimburse you for the sums paid for the items, as soon as possible and at the latest within 14 days following receipt of proof of sending the package to our attention or receipt of the package by us (the first of these two dates being retained). The gift wrapping service itself offered is not refundable.
The accepted proofs of sending are: Receipts, stamped and dated from the Post Office, of tracked parcel deposits.
If the item order has been paid:
Cash by bank card, your reimbursement will be made directly by credit to the bank account attached to this card. If the reimbursement method fails, you will be contacted by our Customer Relations department in order to make a secure reimbursement via our bank.
If you wish to replace the item, simply reorder in accordance with article 4 above.
Article 8 – SPECIFICITIES REGARDING PERSONALIZED ITEMS
Items personalized at your request are excluded from the provisions relating to the right of withdrawal. They are neither returned nor exchanged, except in the case of the warranty for defects affecting the item sold.
By sending Mimoon's the textual personalization to be added to the customizable item, you undertake that the terms transmitted are exempt from third party rights (intellectual property rights), so that Mimoon's cannot be held liable for whatever title it may be.
In addition, you agree not to request the personalization of the article by affixing pornographic, pedophilic, violent, obscene, defamatory terms or terms likely to offend human dignity.
Mimoon's reserves the right to refuse any request for personalization contrary to this article.
In any event, any violation of third party rights or the aforementioned ethical provisions will entail your exclusive liability; Mimoon's disclaims any responsibility in this regard.
Finally, you are informed that Mimoon's does not carry out any checks on the spelling and grammar of the text transmitted by you.
Article 9 – GUARANTEES
If, despite our precautions, one of your items arrives damaged or if a part is missing during delivery, simply let us know and we will send you the part to be changed or missing.
9.1 Legal guarantees
“The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. »
“When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance. »“The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. »
“The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them. »
“If the item is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. »
“If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good. »
“The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or of substitution ;
4° The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity. »
“The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand. »
“The consumer does not have the right to cancel the sale if the lack of conformity is minor. »
“Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good. »
“The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code. »
“The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 241-5 of the Consumer Code). »
“The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item. »
Article 10 – NOMINATIVE DATA
When ordering, personal data will be subject to computer processing.
You are invited to refer to the “Privacy Protection & Cookies” tab of the website to obtain all the information relating to this point.
Acceptance of the General Terms and Conditions implies acceptance of the terms of the “Privacy Protection & Cookies” policy.
Article 11 – INTELLECTUAL PROPERTY
All elements of the website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Likewise, the brands, logos, designs and models appearing on the website are the exclusive property of Mimoon's. Their disclosure cannot in any way be interpreted as granting any license or right to use any such trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of counterfeiting.
Therefore, none of the material from the website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
However, one copy of the materials may be downloaded to one computer for your personal and non-commercial use only, provided that you do not modify the information contained therein and that you keep intact all copyright and other proprietary notices. Modification of these documents or their use for another purpose constitutes an infringement of Mimoon's intellectual property rights.
If you have a personal website and you wish to place, for personal use, on your site a simple link directly to the home page of the website, you must request authorization from Mimoon's . In this case it will not be an implicit affiliation agreement.
However, any hypertext link to the website and using the framing or in-line linking technique is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed upon simple request from Mimoon's.
Article 12 – ENTIRETY
In the event that one of the clauses of the General Conditions of Sale is null and void by a change in legislation, regulations or by a court decision, this will in no way affect the validity and compliance with these General Conditions of Sale.
Article 13 – RESPONSIBILITY
Mimoon's has an obligation of result for all stages of order taking as well as for stages subsequent to the conclusion of the sales contract.
Thus Mimoon's undertakes to describe with the greatest accuracy the items sold on the Mimoon's website. On the other hand, Mimoon's cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law.
Mimoon's cannot be held liable for inconveniences and damages relating to the use of the Internet network, such as a break in service, the presence of computer viruses or external intrusions or more generally any cases qualified as force majeure by the French courts.
The website complies with French legislation, and under no circumstances does Mimoon's give any guarantee of compliance with the local legislation which may be applicable to you, when you access the website from other countries.
14 – SETTLEMENT OF DISPUTES
Mediation
For any complaints relating to your order, please contact us by email at contact@mimoons.fr or by mail to Mimoon's – Stéphanie Bertault – 3 rue Maurice Duhaze – 50100 CHERBOURG EN COTENTIN.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Mimoons joins the Mediator Service:
27, avenue de la Libération
42400 Saint-Chamond
Telephone: +33 (0)9 88 30 27 72
contact-admin@cnpm-mediation-consommation.eu
After prior written action by consumers vis-à-vis Mimoon's, the Mediator's Service may be contacted for any consumer dispute that has not been resolved successfully. To find out how to contact the Mediator, https://www.cnpm-mediation-consommation.eu/demande-de-mediation.php
You can also submit your complaint on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer your complaint to the competent national mediators.
15 – Applicable law and jurisdictional jurisdiction
In the absence of an amicable solution, any legal action will be brought before the competent courts of the defendant's place of residence.
These General Conditions of Sale, which govern any purchase by a consumer on this site, are subject to French law.
The website complies with French legislation, and under no circumstances does Mimoon's give any guarantee of compliance with the local legislation which may be applicable to you, when you access the website from other countries.