General terms and conditions of sale
Between the company fotoloco, BP6, 06650 LE ROURET with a share capital of 2000€, registered with the Trade and Companies Register of GRASSE, under the number SIRET 79919519300013,.
The company can be reached by email by clicking on the contact form accessible via the site’s home page.
Hereinafter the “Seller” or the “Company”.
On the one hand,
And the natural or legal person purchasing products or services from the company,
Hereinafter referred to as the “Buyer” or “the Customer”
Moreover
It was stated and agreed as follows:
PREAMBLE
The Seller is a manufacturer and distributor of BLAM Products for consumers, marketed through its website (https://mostiky.net ), where the list and description of the goods offered by the Company can be consulted.
Article 1: Purpose
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTCS) govern the sale of Products, made through the Company’s website, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The T&Cs applicable in this case are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. These T&Cs are available on the Company’s website at the following address: https://mostiky.net.
The Company also ensures that their acceptance is clear and unqualified by setting up a checkbox and a validation click. The Client declares that he/she has read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Client acknowledges that it has received the necessary advice and information to ensure that the offer is appropriate to its needs.
The Client declares that he is able to enter into a legal contract under French law or to validly represent the natural or legal person for whom he or she is committed.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Prices
The prices of the products sold through the websites are indicated in Euros including all taxes (VAT + other possible taxes) on the home, description and order page of the products, and excluding specific shipping costs.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated automatically on the invoice excluding taxes. Customs or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the corresponding local authorities.
The Company reserves the right to change its prices at any time for the future. The telecommunication costs necessary for access to the Company’s websites are the responsibility of the Client. If applicable, delivery costs.
Article 4: Conclusion of the online contract
In accordance with the provisions of Article 1127-1 of the French Civil Code, the Client must follow a series of steps to conclude the contract electronically in order to be able to place his order:
– Information on the essential characteristics of the Product;
– Choice of the Product, quantity, if applicable, its options
– Indication of the Client’s essential contact details (identification, email, address, etc.);
– Acceptance of these General Terms and Conditions of Sale
– Checking the elements of the order and, if necessary, correcting errors.
Before proceeding with its confirmation, the Buyer has the opportunity to check the details of his order, its price, and to correct any errors, or cancel his order. Confirmation of the order will constitute the form of this contract.
– Follow instructions for payment, payment of products, and then delivery of the order.
The Client will receive confirmation by email of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.
During the ordering process, the customer will have the opportunity to identify any errors in the data entry and correct them. The language proposed for the conclusion of the contract is French.
The terms of the offer are sent back to the buyer by email at the time of the order and archived on the Seller’s website. Where applicable, the professional and commercial rules to which the author of the offer intends to comply can be consulted in the “annexed rules” section of these T&Cs, which can be consulted on the Seller’s website at the following address: https://mostiky.net
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium in such a way as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
For the products delivered, delivery will be made to the address indicated by the Customer. In order to properly execute the order, the Client undertakes to provide truthful identification information. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5: Goods and services
The essential characteristics of the goods, services and their respective prices are made available to the Buyer on the company’s website, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and special conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the current price indicated on the day of the order, which does not include the shipping costs invoiced in addition. Any such fees are indicated to the Buyer during the sales process, and in any case at the time of confirmation of the order.
The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products or services are not performed immediately, clear information is given on the product overview page as to the delivery dates of the products or services. The customer certifies that he has received a detail of the delivery costs as well as the terms of payment, delivery and performance of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic details, and his activities in the context of this sale.
The Seller undertakes to honour the Client’s order within the limit of available Product stocks only. Failing this, the Seller shall inform the Client; if the order has been placed, and in the absence of an agreement with the Client on a new delivery date, the Seller shall reimburse the Client.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company’s websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address provided).
Article 6: Compliance
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these T&Cs meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with Article L.217-4, the seller delivers an item that complies with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility.
In accordance with the legal provisions on conformity and latent defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or products that do not correspond to the order. The refund can be requested by email to the company.
Article 7: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8: Delivery terms
The products are delivered to the delivery address that was indicated when the order was placed and within the indicated time frames. These times do not take into account the time it takes to prepare the order.
When the Customer orders several products at the same time, these may have different delivery times.
In the event of a delay in delivery, the Client has the option of terminating the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. The Seller then proceeds to reimburse the product and the “outward” costs under the conditions of the provisions of articles L216-3 and L241-4 of the Consumer Code. The Seller provides an email indicated in the order confirmation email to ensure the follow-up of the order. The Seller reminds that at the moment the Client takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Client’s responsibility to notify the carrier of any reservations about the product delivered.
Article 9: Availability and presentation
In the event of unavailability of an item for a period of more than 7 working days, the Customer will be informed of the foreseeable delivery times and the order for this item may be cancelled on request. The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately upon order, including for pre-order products. The Customer can make the payment by card or PayPal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is encrypted in accordance with the rules of the art and cannot be read during transport on the network.
Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their bank information at the time of the sale, the Client authorises the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by operation of law and the order cancelled.
Article 11: Right of withdrawal
– In accordance with Article L.221-18 of the Consumer Code, the customer has a period of 14 clear days from receipt of the goods to exercise his right of withdrawal.
– In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders for the supply of products that have been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection.
– The product must arrive in perfect resalable condition, with no trace of use, with its original accessories, instructions and packaging. The conformity of this return will be checked and validated upon receipt.
– A product returned incomplete, damaged, used or soiled cannot be returned.
– Any return must be reported in advance to the company by email using the form annexed to the T&Cs.
– Return shipping costs are the responsibility of the Customer.
– The product must be returned within 14 days of the declaration of withdrawal by Colissimo followed by the purchase invoice.
– The Company is not responsible for lost returns.
– No cash on delivery will be accepted for any reason.
– The refund will be made free of charge, with the exception of return costs, within a period of less than or equal to 14 days after receipt of the products by us. The refund method will be the same as the one used to pay for the order.
In the event of a partial return of an order, the amount of the refund will only include the price of the products concerned, without the delivery costs (outward journey).
Article 12: Guarantees
In accordance with the law, the Seller assumes the guarantees of conformity and relating to hidden defects of the products. The Seller will refund the buyer or exchange products that appear to be defective or do not correspond to the order made. The refund request must be made by email.
The Seller reminds that the consumer:
– has a period of 2 years from the delivery of the goods to take action with the Seller
– that he may choose between the replacement and repair of the property, subject to the conditions laid down in the above-mentioned provisions.
– that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
– that, except for second-hand goods, this period will be extended to 24 months from 18 March 2016
– that the consumer may also assert the warranty against latent defects in the item sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between rescission of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).
Article 13: Complaints and Mediation
If necessary, the Buyer may submit any complaint by contacting the company by means of email.
In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he or she may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request to the Seller’s customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will independently try to bring the parties together with a view to obtaining an amicable solution.
Article 14: termination of the contract
The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases:
— delivery of a product that does not comply with the characteristics of the order;
— delivery exceeding the deadline set at the time of the order or, in the absence of a date, within thirty days of payment;
— an unjustified price increase or a change in the product.
In these cases, the buyer may demand a refund of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
Article 15: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The performance of the Seller’s obligations under these terms and conditions is suspended in the event of the occurrence of an unforeseeable event or force majeure that would prevent their performance. Seller will notify Customer of such event as soon as possible.
Article 17: Nullity and modification of the contract
If one of the provisions of this contract is cancelled, this nullity will not result in the nullity of the other provisions which will remain in force between the parties. Any contractual changes are only valid after a written and signed agreement between the parties.
Article 18: Protection of personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data for the purpose of selling and delivering products and services defined in this contract.
The Company reserves the right to collect information about the Buyer, including by using cookies. These are used by the Company solely for the purpose of improving the personalized service for buyers.
The information requested from the Buyer is necessary for the processing of his order and will be used exclusively by the Company’s internal services.
Under no circumstances will the Buyer’s contact details be transferred, sold or rented other than to make the delivery or to respond to an injunction from the public authorities.
Buyers may object to the disclosure of their contact details by sending a letter to the address at the top of the T&Cs. Similarly, customers have the right to access and rectify data concerning them, in accordance with the law of 6 January 1978.
Article 19: Applicable law and clauses
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.
Article 20: Consumer information
For the purpose of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be discharged of the apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code: The good is in conformity with the contract: 1° If it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- whether it has the qualities that a buyer can legitimately expect in the light of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a movable property, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer’s request for intervention or from the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Appendix: form for exercising the right of withdrawal
This form must be completed and returned only if the Customer, acting as a consumer or non-professional, wishes to withdraw from the order on the site, unless excluded or limited to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.
I hereby notify the withdrawal within 14 days of receipt of the Product(s), from the contract relating to the order described below:
-Date:…………/……………/………..
– Order Number: …………………………………………………..
– Date received: …………/……………/………..
– Name of the Client: …………………………………………………………………..
– Return of:
( ) All products
( ) The following products: …………………………………………………………………………………….
