GENERAL TERMS AND CONDITIONS OF SALE MOSKOVA-EUROPE
PREAMBLE
Any order placed on the moskova-europe.com or www.moskova.com website will be governed by these General Terms and Conditions of Sale (GTC)
These General Terms and Conditions are concluded between MOSKOVA EUROPE on the one hand and the CUSTOMER, a non-professional purchaser of consumer goods intended for his personal use on the other hand.
The CUSTOMER and MOSKOVA EUROPE will be referred to as the PARTIES in these general terms and conditions of sale.
IMPORTANT: Any order placed on the ONLINE STORE necessarily implies the CUSTOMER's unreserved acceptance of these GENERAL TERMS AND CONDITIONS OF SALE.
ARTICLE 1. DEFINITION
The terms used below have the following meanings in these T&Cs:
SHOP: refers to all pages of the site accessible at the URL addresses www.moskova-europe.com and www.moskova.com
CUSTOMER: refers to the contracting party of MOSKOVA EUROPE, who guarantees that they are a consumer as defined by French law and jurisprudence. Only persons over the age of 18 are authorized to purchase from the SHOP.
DELIVERY: means the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.
TERRITORY: means mainland France and any other country or region where the customer lives.
PRODUCTS: means all products available in the SHOP.
ARTICLE 2. PURPOSE OF THE CONTRACT
The purpose of these general terms and conditions of sale is to establish the contractual provisions relating to the respective rights and obligations of the CUSTOMER and MOSKOVA EUROPE in the context of orders placed on the SHOP.
ARTICLE 3. MODIFICATION OF THE GTC
MOSKOVA EUROPE may modify these general conditions of sale for its SHOP at any time.
Only the general terms and conditions of sale published on the day of the order are applicable to this order. They are brought to the attention of the CUSTOMER and accepted by the latter during the order validation process.
ARTICLE 4. NATURE OF THE GENERAL CONDITIONS OF SALE
These general conditions of sale do not in any way confer on the CUSTOMER the status of employee, agent, mandatary or representative of MOSKOVA EUROPE.
The PARTIES further declare that these general conditions of sale cannot under any circumstances be considered as a constitutive act of a legal person or any legal entity, and that any form of “affectio societatis” is formally excluded from their relations.
ARTICLE 5. PRODUCTS OFFERED
Each of the PRODUCTS offered by MOSKOVA EUROPE is described as precisely as possible in the product sheet on the SHOP, the photographs of the PRODUCTS not being contractual.
If you have any questions regarding the PRODUCTS, the CUSTOMER can contact MOSKOVA EUROPE by email at info@moskova-europe.com
MOSKOVA EUROPE cannot be held liable under any circumstances if there is a substantial difference between the photograph of the PRODUCTS present in the SHOP and the PRODUCT ordered or delivered.
PRODUCTS ordered and promotional offers proposed by MOSKOVA EUROPE are only valid while stocks last.
In the event of unavailability of the PRODUCT(S) ordered, MOSKOVA EUROPE will inform the CUSTOMER by email or telephone as soon as possible. The CUSTOMER will then have the option of cancelling the order for the unavailable PRODUCT or ordering another PRODUCT of an equivalent price.
ARTICLE 6. PRICE
Each order placed on the SHOP is payable upon validation of the order.
The SHOP reserves ownership of the PRODUCT(S) ordered until full payment of the order concerned, i.e. receipt of the price of the order by MOSKOVA EUROPE.
The prices indicated on the SHOP are in euros, including all taxes. They include the VAT applicable on the day the order is validated.
Delivery costs may be added to the total price of the PRODUCTS ordered, depending on the DELIVERY method chosen and the total amount of the order, under the conditions specified in article 8 of these general terms and conditions of sale.
In addition, costs corresponding to exceptional additional services, such as a request for gift wrapping, which will be expressly requested by the CUSTOMER and the cost of which will have been the subject of prior agreement, may be added to the total price of the PRODUCTS ordered.
The CUSTOMER may pay for their order by credit card or other payment methods listed on the site at the time of ordering.
PRODUCT prices may change at any time depending on MOSKOVA EUROPE's pricing policy. PRODUCTS ordered are invoiced at the price in effect at the time of final order confirmation, i.e. by clicking on the "Order" button.
ARTICLE 7. ORDERING PROCESS
The SHOP allows Internet users to place orders directly online.
To place a direct order online, the CUSTOMER must follow the following process:
Select the item(s) you wish to order from the SHOP and place them in your basket by clicking on the “Quick Purchase”, “Buy” or “Add to basket” button.
View the details of your order, its price and correct any errors by clicking on the “My basket” button, before confirming your order, in accordance with article 1369-5 of the Civil Code relating to the conclusion of a contract in electronic form.
Validate your basket by clicking on the “Order” button, which allows the CUSTOMER to review their entire order once again before validation, and if necessary correct any errors.
Confirm your order by clicking on the “Order” button to definitively validate your order.
Select the delivery and payment methods for this order.
Pay for the order.
At the end of this process, MOSKOVA EUROPE will send, upon receipt of this order, an acknowledgment of receipt to the email address indicated by the CUSTOMER in their account.
ARTICLE 8. DELIVERY AND DELIVERY COSTS
The PRODUCTS offered on the SHOP can be delivered to all countries listed in the drop-down menu on the "customer delivery address" screen. The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the ordering process.
The delivery time for the order is a maximum of five (5) days from full payment of the order, but MOSKOVA EUROPE aims to deliver any order received before 12:00 p.m. on the same day.
Once the order has been shipped, MOSKOVA EUROPE sends a shipping confirmation email to the address indicated by the CUSTOMER when ordering, so that the CUSTOMER is able to know that their order has been shipped.
The delivery time of the order is a maximum of ten (10) days and may be shorter depending on the delivery methods chosen by the CUSTOMER. Failing this, the CUSTOMER must formally notify MOSKOVA EUROPE to deliver within a reasonable time and in the event of non-delivery within this time, the CUSTOMER may terminate its contract. MOSKOVA EUROPE will reimburse, without undue delay from receipt of the termination letter, the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same payment method used by the CUSTOMER to purchase the PRODUCTS. MOSKOVA EUROPE is responsible until delivery of the PRODUCT to the CUSTOMER. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted upon delivery.
Any error or anomaly due to the fault of the CUSTOMER during the order validation process will result in an extension of the delivery time, and may under no circumstances be attributable to MOSKOVA EUROPE. Any additional costs resulting from this will be borne by the CUSTOMER.
For customers ordering from outside the European Union, please note that products will be invoiced excluding VAT. However, customs duties and other taxes may be applied by the destination country upon delivery. It is the customer's responsibility to inquire about these potential charges and pay them according to the legislation in force in their country. We are unable to predict these costs, and they are not included in the order amount.
ARTICLE 9. RIGHT OF WITHDRAWAL
The CUSTOMER has a right of withdrawal of fourteen (14) days from receipt of the PRODUCTS which can be exercised by following the instructions below, in accordance with articles L.121-20 et seq. of the Consumer Code.
In order to exercise his right of withdrawal, the CUSTOMER may return the PRODUCT(S), at his expense, in good condition, i.e. new, with its accessories and suitable for resale in their original packaging. The CUSTOMER is only liable for any depreciation of the PRODUCT resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of trying the PRODUCT but his liability may be incurred if he damages it.
To do this, the CUSTOMER must contact CUSTOMER SERVICE for the procedure to follow, via email at info@moskova-europe.com . A standard withdrawal form is also available in Appendix I of these T&Cs.
For an exchange you can also contact us at info@moskova-europe.com . We will send you return instructions by email.
Please specify in this email which items you would like to return, whether you would like an exchange (in which case tell us for what) or whether you would like a refund.
If the desired item is no longer available upon receipt of your return, we will refund you. Your item will be refunded to you as soon as possible.
Underwear cannot be returned or exchanged.
The returned PRODUCT(S) will be fully refunded to the CUSTOMER, including the initial outbound standard delivery costs of this/these PRODUCT(S), excluding the return costs which remain the responsibility of the CUSTOMER, as soon as possible and in any event within fourteen (14) days following the date on which the right of withdrawal was notified to MOSKOVA EUROPE. The refund will be made using the payment method used by the CUSTOMER for the transaction concerned, unless otherwise requested or expressly agreed by the CUSTOMER.
By way of exception to the preceding paragraphs, and in accordance with the Consumer Code, the CUSTOMER may not request to exercise a right of withdrawal on underwear (neither returned nor exchanged) or on personalized PRODUCTS, i.e. made according to its specifications.
ARTICLE 10. PROTECTION OF PERSONAL DATA
MOSKOVA EUROPE is responsible for processing the data collected via the SHOP. This data is processed to ensure the proper functioning of the SHOP and the proper management of CUSTOMER requests.
The data is collected and processed in accordance with the MOSKOVA EUROPE Privacy Policy .
ARTICLE 11. WARRANTY
If, despite all the care that MOSKOVA EUROPE takes with its products, the PRODUCT(S) delivered have a lack of conformity or a hidden defect, the CUSTOMER has additional legal rights, under Articles L.211-4, L.211-5 and L.211-12 of the Consumer Code as well as Articles 1641 and 1648 of the Civil Code.
As such, any lack of conformity must be indicated by the CUSTOMER upon delivery and as soon as possible, via email to info@moskova-europe.com
If the lack of conformity is proven, the CUSTOMER may obtain a replacement of the PRODUCT.
Likewise, in the event that a replacement is impossible, MOSKOVA EUROPE undertakes to refund the price of the PRODUCT within 15 days in exchange for the return of the PRODUCT by the CUSTOMER.
Furthermore, in accordance with Article 1642 of the Civil Code, MOSKOVA EUROPE is liable for hidden defects in the item sold which render it unfit for the use for which it is intended, or which reduce this use to such an extent that the CUSTOMER would not have acquired it, or would have paid a lower price for it, if he had been aware of them.
ARTICLE 12. LIABILITY
MOSKOVA EUROPE cannot be held liable under any circumstances for non-performance or poor performance of contractual services attributable to the CUSTOMER, in particular due to errors by the CUSTOMER in the order validation process.
MOSKOVA EUROPE cannot be held responsible or considered to have failed to comply with these General Terms and Conditions for any delay or non-performance, when the cause of the delay or non-performance is linked to an unforeseeable and insurmountable act of a third party or to a case of force majeure as defined by the case law of the French Courts.
ARTICLE 13. GENERAL PROVISIONS
The fact that one of the PARTIES has not required the application of any clause of these general conditions of sale, whether permanently or temporarily, may in no case be considered as a waiver of said clause.
These general conditions of sale do not confer any exclusivity regarding the provision of services or quality guarantee to the CUSTOMER.
If any of the provisions of these general terms and conditions of sale were to be null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it would be deemed unwritten but would in no way affect the validity of the other clauses which would remain fully applicable.
In this case, the PARTIES would come together to agree on a new provision to replace the one declared null and void, it being understood that the new provision must respect as much as possible the spirit and the economic impact on the PARTIES of the replaced provision.
ARTICLE 14. ARCHIVING OF THE CONTRACT
Any contract concluded with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by MOSKOVA EUROPE for a period of ten (10) years in accordance with article L.134-2 of the Consumer Code.
The order confirmation is recorded in MOSKOVA EUROPE's records, which are themselves stored on a reliable and durable medium. The CUSTOMER accepts that the order confirmation is considered as proof of the contractual relations between the Parties.
To access the contract, the CLIENT must go to their “Account” or can request it from info@moskova-europe.com
ARTICLE 15. APPLICABLE LAW
Each of the contracts concluded with MOSKOVA EUROPE is subject exclusively to French law.
In the event of a dispute arising between the PARTIES concerning the interpretation, execution or performance of a contract, the PARTIES will endeavor to settle it amicably.
ANNEX I STANDARD WITHDRAWAL FORM
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WITHDRAWAL FORM To MOSKOVA EUROPE info@moskova-europe.com I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below: PRODUCT Reference: PRODUCT Name; Invoice number: Purchase order number: - Ordered on [__________] / received on [__________] - Payment method used: - Name of the CUSTOMER and, where applicable, the beneficiary of the order: - CLIENT email address: - CLIENT address: - Delivery address : - CLIENT's Tel. Number: - Other information: - Signature of the CLIENT - Date |