Article 1 : General purpose
Article 2 : Presentation limitations
Article 3 : Price
Article 4 : Orders
Article 5 : Order modification
Article 6 : Availability of products
Article 7 : Payment
Article 8 : Delivery (shipment)
Article 9 : Reception of order
Article 10 : Retraction
Article 11 : Applicable law
Article 12 : Legal terms
Article 13 : Responsibilities
- Article 1 : General purpose
The sales are subject to these Conditions of sale between shop.muku.fr the website, referred to as “Seller”, and you, “Buyer”. Placing an order implies full and unconditional acceptance of the buyer to these Conditions of Sale. No particular condition can prevail against these terms of sale prior formal acceptance and express the seller. Any contrary condition by the purchaser will, in the absence of express acceptance, unenforceable to the seller, regardless of when it may have been brought to its attention. The fact that the seller does not prevail at a given moment one of the conditions can not be interpreted as a waiver to later claim any of these clauses. The buyer acknowledges having read, at the time of ordering, the general conditions of sale and expressly accept them without reservation.
- Article 2 : Presentation limitations
The information, advertisements, sales pitches and descriptions are not contractual.
- Article 3 : Price
All prices are in euros (€), excluding taxes (note that VAT not applicable. Art. 293B of French CGI). These prices do not include the cost of processing and shipping. The seller reserves the right to change prices at any time. For orders to countries other than France, the buyer is the importer of the products concerned. Customs duties or other local taxes or import duties or State taxes may be payable. These rights are not within the responsibility of the seller.
- Article 4 : Orders
Any order implies acceptance of prices and descriptions of products available for sale. When the buyer places an order, he states accepting it.
The buyer must correctly complete all required fields (email address, name, postal address, telephone). Those information are only used to process orders. The seller do not provide any buyer details to third party. Note that the seller can not be held responsible for any errors and / or failure of the buyer details.
The seller reserves the right to cancel or refuse an order.
- Article 5 : Order modification
Any change in the order requested by the buyer can not be taken into consideration after shipping products.
- Article 6 : Product availability
The products marked “in stock” are available. However, if by mistake a product was not available when ordering, the seller would immediately refund the buyer.
- Article 7 : Payment
– Payment methods
The buyer has the option to pay by credit card via PayPlug, a French secure payment system payment.
By clicking on the order confirmation button, the customer is automatically directed to a secure SSL (Secure Socket Layer) payment page on PayPlug website. The transmitted information are encrypted by software and no third party can take knowledge during transport over the network. The buyer can then safely transmit its credit card details, to which the seller has never access. Once payment is correctly performed on PayPlug, the buyer automatically receives a PayPlug receipt of payment.
The buyer also have the option to pay his order via PayPal. The payment protocol is totally secure, without any fee for the buyer.
– Delay or failure
If the buyer chooses a payment by credit card (via PayPlug) or with its Paypal account, payment must be done immediately after the confirmation of the order. If the payment is not terminated, or fails, the seller can cancel the current command.
Any amount may lead to law and without prior notice, by derogation from Article 1153 of the French Civil Code, the payment of default interest to the discount rate of the Bank of France on the day of the purchase. Such interest shall accrue from the due date until payment. In case of default forty-eight hours after an unsuccessful formal demand, the sale will be terminated automatically if the seller so that can ask for interim measures at the Court of Chalon-sur-Saône, the repayment of all the costs of litigation recovery of sums due, including the fees of public officers.
- Article 8 : Delivery (shipment)
For each order, unless otherwise noted, will be asked a participation for the shipping costs. The shipping costs are shown on the checkout page. Buyer accepts the unrestricted delivery charges. Any special request from the buyer made by email will result in a personalized rate with additional charges.
– Delivery time
Orders are shipped at full balance of the order. Delivery times depends of the buyer location, and also on the transportation hazards. The seller ships buyer’s order the same day of payment, or the next working day, from Monday to Friday. The timeouts can lead to damages in any form whatsoever. If the delay exceeds thirty (30) days from the order, the sales contract may be terminated and the buyer paid.
– Address error
If the buyer has misinformed the delivery address, and the command can not be delivered by the carrier, the seller can not be held responsible. If the buyer requests to resend the order to the corrected shipping address, the order will be shipped back as soon as the buyer will have satisfied re-shipment fees. The return postage will be calculated based on the actual carrier. If the buyer chooses not to reship the order, or if the buyer does not answer, the seller will cancel the order and refund the purchase amount excluding shipping and handling costs.
- Article 9 : Reception of order
– Control of conformity
The seller makes every effort to pack and protect the goods, but whatever the delivery methods chosen used, the products travel at the risk of the purchaser to which it belongs, in case of damage or failure to make the necessary findings to the shipper.
No compensation nor partial or total refund shall be made by the seller if the buyer has not taken the necessary steps to check with the carrier, at the reception of the order, the condition of the delivered products and the compliance of the contents of the package.
Except prejudice to be taken against carriers, claims on apparent defects or non-compliance of the product delivered to the ordered product must be made in writing within seven (7) days of receipt of products. The buyer will provide any justification as to the reality of defects and abnormalities, and let the seller every opportunity to make the observation of these defects to remedy them. The buyer shall refrain from intervening himself or to involve a third party for this purpose.
– Absence during the passage of the delivery.
For shipments in France by Colissimo by post, or by sending Express by Chronopost, in the absence of the buyer, the package is made pending in the nearest post office. The buyer shall have fifteen (15) days to withdraw his parcel with identification and Colissimo or Chronopost tracking number that the seller has previously disclosed to him by email upon confirmation of shipping, which is also available in client space on the site shop.muku.fr in the summary of the order. After this period of fifteen (15) days, the parcel will be returned to the seller will refund the purchase amount excluding shipping and handling.
- Article 10 : Right of withdrawal
The buyer, non-professional person, has a period of seven (7) working days (in accordance with Article L.121-20 and following of the Consumer Code) to use his right of withdrawal and give rise to reimbursement without penalty of the total amount paid for the order with the exception of return costs are the responsibility of the buyer.
The buyer must ship back the products by insured Airmail, with a tracking number to the following address:
PELLETIER – Retour MU – BP 20008 – 71301 Montceau les Mines CEDEX – France
Any return of product in poor condition, broken, unlabelled, improperly packed, …, won’t give any refund or exchange, and the buyer will lose his right of withdrawal.
- Article 11 : Applicable lax
This contract is subject to French law. The language of this contract is courtesy translated in English. Will have exclusive jurisdiction in case of litigation of any nature or dispute relating to the formation or execution of the order, the courts of Chalon-sur-Saone (France). This clause applies even in case of summary proceedings, incidental claims or multiple defendants and whatever the method and terms of payment. All provisions of these terms of sale and all purchase and sale transactions contemplated therein are subject to French laws.
- Article 12 : Legal terms
The information collected for purposes of distance selling via the Internet is mandatory. The lack of information result in the cancellation of the order.
- Article 13 : Responsibilities
The seller will not be liable for the total or partial non-performance of its obligations under this agreement if such non-performance is caused by an event of force majeure, particularly in cases of disruption or total or partial strike of services postal and transport and / or communications, flood, fire, storm, sleet, snow. Will be considered as force majeure events meeting the criteria established by case law of the Court of Cassation.
Regarding products purchased to meet the business needs of the seller is not liable for any indirect or consequential damages such as loss of profit, loss of contract, loss of opportunity, loss of image.
The selection and purchase of a product are the sole responsibility of the buyer. The total or partial inability to use such products due to incompatibility of equipment can give rise not to any compensation, reimbursement or questioning the responsibility of the seller, except in the case of a hidden defect found, non-conformity, defect or exercise the right of withdrawal envisaged under Article 10.
In case of defect turned out, the buyer has the choice to cancel the order or keep the product against a price decrease, after express consent of the seller.
In case of non delivery of an order or a part of order, the buyer shall have thirty (30) days (from the shipment of the order date) to ask the seller cancellation his order. Beyond this time, the seller will not accept claims.
If the time of delivery, the original packaging is either damaged or torn open, the buyer must check the condition of products. If they were damaged, the buyer must imperatively refuse the parcel and note a reserve on the delivery (parcel refused because opened or damaged).
In addition to these guarantees, the seller makes no other warranty.
Conditions générales de vente mises à jour le 10 juillet 2016.