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Terms of service:
Article 1 – IDENTITY OF SELLER
SARL JEM MOSCO 38 RUE DE PARIS 93260 LES LILAS info@mosco.paris- 06
95 66 39 21 (price of a local call)
Limited Liability Company registered in the Bobigny RCS under number SIREN 821
023 638 with share capital of 1000 Euros - VAT identification: EN
2581202363800016
Article 2 -APPLICATION OF THE GENERAL CONDITIONS OF SALE
2.1 Terms
The purpose of these General Terms and Conditions of Sale (hereinafter "the Terms
and Conditions") is to define the terms and conditions of sale of the products
offered by the Seller (hereinafter "the Products") from its Website www.mosco.paris
(hereinafter "the Website"). They define the contractual relations between the
company marketing its products on the website www.mosco.paris (hereinafter “the
Seller”) and the buyers ordering on the Website (hereinafter “the Customer”). “The
Order” is defined as the product or products ordered simultaneously by the same
customer on the website www.mosco.paris .
« The Parcel » means the order of a customer, once taken over by the « Carrier »
Carrier: the Post Office or any other transport company, or courier to which the
Seller Calls for the delivery of orders from its Customers. The user: person using
the website in order or not to place an order.
2.2 Acceptance of the GTCS
Any order made by the Customer and validated by a payment automatically implies,
without restriction or reservation, its irrevocable acceptance of the GTCS. Thus,
only the provisions of these Terms and Conditions are binding between the Seller
and the Customer, to the exclusion of any other provisions other than legal. SARL
JEM reserves the right to modify its GTCS at any time, without notice. The update
of the GTCS is applicable to orders placed after they are posted on the
Website. The Seller thus recommends to its Customers to take regular notice of the
latest version of the applicable Terms and Conditions.
2.3 Territorial Boundaries
These Terms and Conditions are applicable in all territories concerned by the
remote sale of the website www.mosco.paris, namely that an order can only be
made by a customer residing in metropolitan France (including Corsica) or in the
following countries: Monaco, Belgium, Spain, Italy, United Kingdom Portugal.
Article 3 -USE OF THE WEBSITE
The use of the website (navigation) is free on all pages.
3.1 The cookies:
The website www.mosco.paris uses cookies. They help to optimize the use of the
site according to your activity on it. A pop-up window warns the user as soon as the
enters the site. The latter has the option to refuse their use.
3.2 Hosting: Website Hosting:
OVH - 2 rue kellermann BP80157 59053 ROUBAIX CEDEX 1 - FRANCE
3.3 Responsible for writing and publishing
Mr. Maarek - CEO SARL JEM MOSCO
The formalisation of an order can be done as a “guest” or by creating a customer
account: - The “guest” order: only the contact details strictly necessary for the
processing and sending of the Customer’s order are requested (contact email
address, postal address, bank details). Order confirmation or tracking information
will only be sent by email to the Customer. -
The Order with the creation of a “customer account” allows the Customer to benefit
from a space where he can manage all his (or his) orders, track his Parcels or
contact the seller. Thanks to an email address as a username and a password
chosen by the Customer, the Customer sees recorded all the information necessary
for the processing of future orders, but also those of the orders placed. For any
order, this information will also be sent by email.
Article 4 – PRODUCTS
4.1 Exclusion of wholesale purchases The customer shall purchase the Products
only on a strictly personal basis. It is therefore prohibited to purchase the Products
for resale or any other professional use.
4.2 Characteristics
The essential characteristics of the Products marketed by the Seller are described
on the Website www.mosco.paris. Photos and visuals of the products are not
contractual. The Products offered comply with the French legislation in force and
the standards applicable in France. There are no spare parts for our products
4.3 Availability
The Products are available for purchase within the limits of available stocks. When
a Customer places an order on the Website, he is immediately informed of the
availability of the Products he wishes to order. However, in the event that a Product
ordered by the Customer is subsequently unavailable, the Seller will inform the
Customer by email as soon as possible.
Therefore: - if all the Products subject to the order are unavailable, the order will
then be automatically cancelled and the Customer’s bank account will be credited
no later than 14 (fourteen) days after the communication of the unavailability of the
products to the Customer. - if only certain products are unavailable, the customer
may then choose to replace the missing product with another of the same value, to
maintain his order pending the availability of the missing product or to cancel all or
part of his order.
4.4 Quantity
The sale of products on the website www.mosco.paris is intended to satisfy the
Customer’s private needs. The Seller reserves the right to refuse excessive orders
in volume or frequency.
Article 5 - PRICES
The price of MOSCO brand products is freely fixed and is subject to change at any
time. Only the price indicated at the time of validation of the order can be
applied. Prices are expressed in euros, unless otherwise stated and in TTC. The
Seller reserves the right to change its prices at any time, without notice. The new
rates are applicable to orders placed after they are placed on the Website
www.mosco.paris Prices do not take into account delivery costs. The delivery costs
are fixed. The amount of the delivery costs is indicated to the Customer before the
validation of his order.
Article 6 – ORDER
Orders are made exclusively on the Website www.mosco.paris by following the
instructions given for this purpose. As a reminder, the Customer declares that he
has read and accepted the Terms and Conditions before formalizing his order. This
declaration is complete and definitive. Any order validated by the Customer by the
"double click" procedure (1/ placing the order and 2/ possibility to modify it before
confirming it by clicking on the "VALIDATE" and "PAY" button) constitutes an
irrevocable acceptance of the order subject to the specific provisions of the Terms
and Conditions such as the right of withdrawal or unavailability of stocks.
The data recorded by the Seller and its information systems constitute proof of all
transactions made by the Customers. After the validation of his order, the Seller
sends to the Customer an email confirming the completeness of his order, proving
the validation of the order and his consent to the transaction.
ARTICLE 7 -PAYMENT
7.1 Terms of Payment
The payment of the order (price and delivery fee) is made only: - by credit card CB
– VISA and MASTERCARD The debit of the Customer’s bank account occurs at
the time of the validated order.
7.2 Payment Security
The website www.mosco.paris has an SSL security system. The website
www.mosco.paris uses the secure payment system ATOS and Payplug is
coordinated with the banking institution LCL. As part of its policy for checking orders
and the quality of payments, the Seller may ask the Customer for a copy of an
identity document and proof of domicile. The order will then be validated only after
receipt and verification of the documents provided by the Customer. The Customer
guarantees that he has the necessary authorizations to use the payment method
chosen by him during the validation of his order.
7.3 Billing
A detailed invoice, printable from the Customer’s account, is accessible from the
delivery of the ordered Products.
7.4 Litigation or Refusal of Payment
In case of refusal of payment against the Seller by a banking body, the Seller
reserves the right to (i) suspend the management and delivery of the disputed order
or (ii) to refuse or cancel the order of the Customer with whom there would already
be an ongoing dispute concerning the payment of an order.
Article 8 – DELIVERY
8.1 Terms of Delivery
The parcels are only delivered in metropolitan France (including Corsica) and in the
following countries: Monaco, Belgium, Spain, Italy, United Kingdom, and Portugal,
Switzerland, Canada. Orders are delivered to a Carrier for delivery to
Customers. The choice of the Carrier is left to the full appreciation of the Seller. In
the event that the latter proposes a choice to the Customer at the time of its order,
the Seller undertakes to respect this choice.
Additional charges may apply depending on the carrier chosen. The Customer is
informed of the shipping costs and additional costs at the time of the order. The
Products are delivered to the address indicated by the Customer during each
order. If the Customer wishes to be delivered to different addresses, they must
place separate orders. When the order is delivered to the Carrier, the Seller shall
send each Customer an e-mail notification of dispatch of the parcel.
8.2 Tracking of Deliveries
Each Customer can follow the delivery of his parcel thanks to the tracking number
communicated to him by email. This number is also available in the “Order
Tracking” section of the Customer Account on the website www.mosco.paris for
Customers who have created an account. The delivery of the Parcels is carried out
by the Carrier and the Seller may not intervene with it for any modification
whatsoever from the taking over of the parcels.
8.3 Delivery Times
Delivery times are indicated for information purposes according to the average
times observed in the Carriers. The Seller cannot be held responsible for the
punctual or definitive extension of the delivery periods, for any reason
whatsoever. An e-mail informs the Customer of any delay in delivery.
8.4 Delay or Lack of Delivery
The tracking of packages shall be given for information purposes on the basis of
the available data provided by the carrier. The Seller cannot be held responsible for
updating this information. In the event that the delivery period exceeds ninety (90)
days from the day on which the package is taken over by the Carrier, the package
not detected from that date must be the subject of a written complaint in
accordance with the complaint procedure of each Carrier. This claim must also be
sent to the Seller. Therefore, depending on the Carrier’s response, the Seller may
then decide to return the package or refund the order as a commercial gesture.
However, if the Carrier provides a confirmation of delivery of the package in
question, the package will be considered as delivered and no claim can be made to
the Seller. If the Carrier reports a delivery problem (excessive delay, loss), the
Seller will take charge of the steps to organize a re-delivery of the same product(s)
to the Customer. If the product(s) are no longer available in stock, the Customer
may choose a refund. The refund shall be made no later than fourteen (14) days
from the date on which the Seller was informed that the package or packages had
not been received and that the claim with the Carrier had been transmitted to him
and that the customer had issued the choice of a refund.
8.5 Return of Parcel to Sender
If the package cannot be received by the Customer at the address indicated at the
time of his order, he must inform the Seller and at the same time contact the
Carrier. If a parcel is returned to the Seller for a reason attributable to the Customer,
such as a package "not claimed" or "does not live at the address indicated", the
Seller shall inform the Customer concerned by email, or by telephone. In this case,
with the Customer’s agreement, the parcel will be redirected, the redirection fee
may be charged to the Customer.
An e-mail will inform the Customer of the procedure to be followed for the payment
of these additional shipping costs. The Customer also has the option of being
reimbursed the price of the order, the shipping costs incurred by the Seller cannot
be the subject of a refund. The refund shall be made no later than fourteen (14)
days from the date on which the Seller receives notification of the customer’s
choice to opt for a refund.
In all other cases, the parcel will be kept by the Seller for sixty (60) days. Upon
expiry of this period, the Seller may decide to reinstate the product(s) to its
inventory, without notice or formal notice. This decision does not give the Customer
any right to refund, replacement or compensation The Customer will not be
reimbursed either the price of the order or the delivery costs.
8.6 Product damaged on delivery
From the delivery of the parcel to the Customer by the Carrier, or its distribution in
the mailbox, the Parcel becomes the full property of the Customer. It is its
responsibility to check the state of the Carrier in the presence of the Carrier and to
make any reservations necessary to prove the state of the product(s) upon
receipt. In the event that the Package appears to bear a manifest defect, and
contains one or more damaged Products, the Customer must then address a
complaint to the Carrier.
The Customer must then send a copy of the complaint to the Seller by email to the
address info@mosco.paris within 3 working days from the receipt of the Parcel,
supplemented by a detailed description of the products, their packaging and their
condition. The Seller reserves the right to ask the Customer to provide proof of the
status of the product(s).
The Seller guarantees the forwarding, within eight days, at its expense of the
product(s) concerned to the customer, or its (their) refund according to the
Customer’s choice. The redirection of the products causes a new delivery period to
run The refund will take place at the latest within fourteen (14) days from the date
on which the Seller was informed of the receipt of damaged products during the
transport of the package or packages and that the claim with the Carrier has been
transmitted to him. It is recommended to carry out the examination of the parcel in
the presence of the deliveryman and to note any reservations on the delivery note,
of which the Customer must keep a copy.
Article 9 – LEGAL AND COMMERCIAL WARRANTY
9.1 Guarantee of Compliance
In accordance with the Consumer Code and the Civil Code, the Seller is obliged to
deliver goods in accordance with the contract and is liable for defects in conformity
existing at the time of delivery. Defects of conformity which appear within a period
of six months from the issue of the property shall be presumed to exist at the time
of issue, unless proven otherwise. The action resulting from the lack of conformity is
prescribed after two years from the issue of the good. In the event of non-
conformity, the buyer chooses between repair and replacement of the property.
If the repair and replacement of the property is impossible, the buyer may return the
property and have the price returned or keep the property and have part of the price
returned. However, the resolution of the sale cannot be pronounced if the lack of
conformity is minor.
9.2 Products concerned
This guarantee applies to all products sold on the website www.mosco.paris,
regardless of the Customer’s nationality or the country in which his order is
delivered (list of countries concerned in article 2.3 of these Terms and Conditions).
Article 10 – IMPLEMENTATION OF THE GUARANTEE
The purchase of products made available on the website www.mosco.paris ,
entitles to a guarantee of compliance legally provided for in articles L. 211-4 et s. of
the French Consumer Code and articles 1641 et s. of the French Civil Code,
reproduced below ( up to date as of the date of publication of these GTCS )
: Consumer Code: Article L211-4 The seller is obliged to deliver goods in
accordance with the contract and is liable for defects of conformity existing at the
time of delivery. It shall also be liable for defects in conformity resulting from
packaging, assembly instructions or installation when the latter has been charged
to it by the contract or has been carried out under its responsibility.
Article L211-5 To comply with the contract, the property must:
Be specific to the usual intended use of a similar property and, if applicable: comply
with description given by the seller and possess the qualities which he has
presented to the buyer in the form of a sample or model; - present the qualities
which a buyer can legitimately expect in view of the public statements made by the
seller, by the producer or his representative, in particular in advertising or labelling.
Or present the characteristics defined by mutual agreement by the parties or be
suitable for any special use sought by the buyer, brought to the knowledge of the
seller and accepted by the latter.
Article L211-12 The action resulting from the lack of conformity is prescribed after
two years from the issue of the property.
Civil Code Article 1641 The seller is bound by the guarantee because of the hidden
defects of the thing sold which render it unfit for the use for which it is intended, or
which so diminish that use that the buyer would not have acquired it, or would have
given only a lesser price, if he had known them.
Article 1648 para 1° The action resulting from the disqualifying defects must be
brought by the purchaser within a period of two years from the discovery of the
defect.
Article 11 – RIGHT TO WITHDRAW
The Customer has, from the date of receipt of the products, a withdrawal period of
fourteen (14) days to exercise his right of withdrawal, without having to justify
himself, nor to pay any penalty,
The Customer must inform the Seller within fourteen (14) days of his decision to
withdraw by sending him:
- by any written means (mail, e-mail, fax) expressing its willingness to withdraw;
or - by completing and transmitting online the withdrawal form available here and
on the Website on the Customer Service page.
In the event that the Customer’s order is shipped in several parcels, the Customer
has a withdrawal period of fourteen (14) days from the receipt of the last product of
a single order.
When the Customer exercises his right of withdrawal, the Customer undertakes to
return the Products at the latest, within fourteen days following the communication
of his decision to withdraw. Otherwise, the right of withdrawal does not produce
effect and the sale will be definitive.
The Products must be returned intact, clean and complete (that is, in their original
condition and packaging), accompanied by any instructions and accessories.
The Customer must return the Products legibly indicating on the package the
number of his invoice or the return number assigned to him. The Customer must
also include in the package a copy of his invoice on which appears the returned
products (or products).
The return costs shall be borne by the Customer. In the event that the Customer
chooses a more expensive shipping method than that initially chosen by the Seller,
the costs shall be borne by the Customer in their entirety.
The Customer who exercises his right of withdrawal is advised to reserve the proof
of the return of the products (presentation of a delivery receipt in registered,
presentation of a document provided by the carrier, etc.).
Prior to the refund, the Seller reserves the right to carry out the necessary checks
as to the condition of the products, their packaging and accessories, as well as their
correspondence to the ordered products.
Only the corresponding products in perfect condition will be eligible for a refund.
The refund shall be made no later than fourteen (14) days from the date on which
the product(s) of a Customer exercising its right of withdrawal has been received by
the Seller; subject to verification of the status of the product(s) concerned(s)
Article 12 - REFUNDS
In all cases and for whatever reason, the refund will be credited to the bank account
from which the payment received by the Seller was issued.
Article 13 – CUSTOMER SERVICE AND CLAIMS
The Customer Service of the Website is available to Customers for any information,
Monday to Friday from 10am to 5pm
- by e-mail: info@mosco.paris
- by mail to the following postal address:
SARL JEM 38 RUE DE PARIS 93260 LES LILAS
By telephone: 06 95 66 39 21 (price of a local call)
The Seller undertakes to do everything possible to respond to the Customer as
soon as possible
Article 14 – LIABILITY
The Seller cannot be held liable and can under no circumstances be held liable for
damages of any kind, whether material or immaterial, indirect, or corporeal that may
result:
- misuse by the Customer of the Products, in contradiction with the usual practices,
precautionary rules and information notices provided,
-
a mismatch between the photographs and the reproduced texts illustrating the
Products offered and their characteristics, communicated illustratively and non-
contractual.
the Seller does not intend to sell its Products to professionals. the Seller shall
therefore incur no liability in the event of direct or indirect damage suffered by a
professional. The Seller may not be held liable in the event of the occurrence of a
force majeure event, that is to say an irresistible and unpredictable event.
Article 15 - USE OF PERSONAL DATA AND GDPR
JEM MOSCO processes the data in accordance with Regulation (EU) 2016/679 of
the European Parliament and of the Council of 27 April 2016 on the protection of
individuals with regard to the processing of personal data and on the free
movement of such data. The information and personal data communicated by the
Customer to the Seller are intended to be used by the Seller’s internal services and
by its service providers for the processing of the Customer’s Order.
It is imperative for the processing of orders that the data concerning the identity of
the seller and his postal address, as well as his contact details are filled in. Failure
to respond may result in the impossibility of processing the Customer’s order. The
Seller shall treat the information concerning its customers with the utmost
confidentiality. The Seller may use this data for commercial purposes in order to
offer offers to customers.
The Seller may also offer its customers commercial offers from partners. In these
cases, the Seller may have to transmit the contact details of its customers to trusted
partners. The Seller guarantees the accuracy of the information transmitted to that
given by the Customer. No monetary information may be transmitted. The express
and prior acceptance of the Customer is necessary. The absence of acceptance is
equivalent to a refusal to use its data.
In accordance with the Data Protection Act No. 78-17 of 6 January 1978, the
Customer may exercise his right of access and his right of rectification or deletion,
for information concerning him, by indicating his e-mail address, his surname, first
name, postal address, by sending his request:
on the Website www.mosco.paris in the «Contact» or «Customer Service» section,
by e-mail to info@mosco.paris,
or by post to the following address: SARL JEM MOSCO 38 RUE DE PARIS 93260
LES LILAS
In the event of a dispute concerning the use of personal data, the Customer may
turn to the CNIL to lodge a complaint. For any questions concerning the use of
personal data, the Customer may contact the DPO M. Maarek at the address:
info@mosco.paris
Article 16 – OTHER
16.1 Independence of clauses
In the event that any of the provisions of these Terms and Conditions are found to
be invalid or illegal, the validity and legality of the other provisions shall not be
affected.
16.2 Intellectual Property
All texts, comments, books, illustrations, images and any other elements of the
products or of the Website www.mosco.paris are the full property of the Seller. In
this respect, any reproduction, representation, modification, adaptation or use of
any of these elements is prohibited and constitutes an infringement which may
involve the civil and criminal liability of the counterfeiter.
16.3 Dispute Resolution and Applicable Law
These GTCS are subject to French law. In the event of a dispute, the Customer and
the Seller will have the opportunity to seek, as a matter of priority to any legal
action, an amicable dispute resolution solution. The Customer may then contact the
Customer Service by any means. In the absence of amicable settlement between
the Seller and the Customer, all disputes arising in the context of the relationship
between the Customer and the Seller shall be submitted to the competent
courts. Disputes arising from the use of the website www.mosco.paris will be
assigned to the competent courts of the place of domicile of the company JEM
MOSCO SARL.
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