These general terms and conditions express the parties obligations in full.
The buyer is therefore deemed to unreservedly accept said obligations.
Molli and the buyer agree that these general terms and conditions only shall govern their relations. Molli reserves the right to amend its general terms and conditions from time to time. They shall apply as from the uploading thereof.
Should there arise any circumstances not provided for herein, the standard practices in force in the distance selling sector, for companies having their registered office in France, shall apply.
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of products proposed by Molli to the buyer.
These terms and conditions only concern purchases made by buyers wishing to have products delivered and whose habitual residence is in one of the countries mentioned in the drop-down menu when the client creates their account on the website.
The buyer can order online, via the online catalogue and order form provided therein.
For an order to be validated, the buyer must agree, by clicking where indicated, to the general terms and conditions. He must also choose the address and delivery option, and then confirm the payment method.
Any order constitutes acceptance of the prices and descriptions of the products available for purchase. Any objection in this respect shall be made in the context of a possible exchange and the guarantees mentioned below.
In certain cases, in particular failure to pay, an error in the address provided or another problem with the buyer’s account, Molli reserves the right to block the buyer’s order until the problem is resolved.
If a product ordered is not available, the buyer shall be informed by email.
The order will therefore be cancelled and, if applicable, reimbursed. The rest of the order shall remain firm and definitive.
For any question regarding the tracking of an order, the buyer can refer to the order tracking number received in the order confirmation email, or call 01 43 25 87 91 from Monday to Friday between 9 a.m. and 7 p.m.
The provision online of the buyer’s credit card number and final validation of an order shall constitute proof of the buyer’s consent in accordance with the provisions of the law of 13 March 2000 and constitute:
- liability for payment of the amounts due with respect to the order form,
- signature and express consent to all operations carried out
In case of fraudulent use of their credit card, the buyer is invited, as soon as such use is observed, to phone 0033 (0)1 43 25 87 91 from Monday to Friday between 9 a.m. and 7 p.m. or send an email to email@example.com
Molli then acknowledges receipt of the order by email sent to the address provided by the customer. In accordance with the provisions of Article 1369-2 of the Civil Code, the customer formally agrees to his email address being used by Molli to confirm the contents of his order.
This confirmation email reiterates all information communicated by the client and, if applicable, mentions possible difficulties or reserves posed by the order (availability of articles ordered, delivery deadlines or payment method chosen). It states the order number allocated to the customer by Molli.
PROOF OF TRANSACTION
Computerised records, stored on Molli’s computer systems under reasonable security conditions, shall be considered proof of communication, orders and payments made between the parties. Order forms and invoices are archived on a reliable and sustainable medium which can be produced as proof.
The products governed by these general terms and conditions are those featured on the molli.com et qui sont indiqués comme vendus et expédiés par Molli. Ils sont proposés dans la limite des stocks disponibles.website and which are marked as being sold and dispatched by Molli. They are available while stocks last.
Molli products are described and presented with as much accuracy as possible. Nonetheless, Molli cannot be held liable if such descriptions are characterised by errors or omissions.
Product photographs are not contractual.
Molli reserves the right to modify its prices at any time, but undertakes to apply the prices in force indicated when orders are placed, subject to availability on this date.
The prices are given in euros. They do not include delivery costs, which are charged separately and indicated before validation of the order. The prices take into account VAT applicable on the order date and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. The price must be paid in full when ordering. The amounts paid cannot, under any circumstances, be considered as a deposit or advance payment.
The buyer can chose from all payment method made available by Molli on the website molli.com. Lto pay for his order. The buyer guarantees to Molli that he has the necessary authorisations to use the payment method chosen when validating the order. Molli reserves the right to suspend the processing or delivery of any order if a payment by credit card is declined by the officially accredited organisations or in the event of non-payment. In particular, Molli reserves the right to refuse to make a delivery or fulfil an order placed by a buyer who has not partially or fully paid for a previous order or with whom a dispute concerning payment in ongoing.
PRODUCT AVAILABILITY - REIMBURSEMENT
Except in the case of force majeure or long periods during which the online store is closed, which will be clearly announced on the website’s homepage, the times fixed for dispatch will, as stocks last, be those indicated below. The time fixed for dispatch runs as from the date on which the order is recorded, indicated in the order confirmation email.
For deliveries in mainland France, the delivery lead time is between 3 and 5 working days for a standard delivery via Colissimo, and 1 to 2 working days for an express delivery via Fedex.
For international deliveries, the delivery lead time is between 2 and 9 working days, depending on the country, for an express delivery via Fedex.
In the event that contractual deadlines are not respected, the buyer can cancel the contract, by registered letter with return receipt requested, after ordering Molli to make the delivery or provide the service within a reasonable supplementary time period.
However, if the buyer wishes, he can immediately cancel the contract if, for him, the dates or deadlines set out above constitute an essential condition of the contract.
In this case, when the contract is cancelled, Molli is bound to reimburse the buyer in full for all amounts paid, at the latest within 14 days of the date on which the contract was revoked.
In the event that the product ordered is unavailable, the buyer shall be informed at the earliest opportunity and have the option to cancel his order. The buyer will then have the option to request the reimbursement of the amounts paid within 30 days of payment at the latest, or the exchange of the product.
Delivery is only made after payment is confirmed by Molli’s bank.
Molli delivers the articles ordered via Colissimo or FEDEX, as chosen by the customer. Orders can only be delivered to the countries listed in the drop-down menu on the Website.
Deliveries are not made to hotels or PO boxes. Products are delivered to the address indicated by the buyer on the order form. The buyer must ensure that said details are correct. Any parcel returned to Molli due to an incorrect or incomplete delivery address will be redispatched at the buyer’s expense. The buyer can request that an invoice be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent at the time of delivery, the courier will leave a delivery notice in the letterbox, allowing the parcel to be collected from the place and during the period of time indicated.
If when the order is delivered the original packaging is damaged, torn or open, the buyer should verify the condition of the articles. If they are damaged, the buyer must refuse the parcel and note a reserve on the delivery docket (parcel refused as open or damaged). He must then notify Molli, by any means, of all reserves within 3 days of receipt of the product.
If the products need to be sent back to Molli, they must be the subject of a return request submitted to Molli within 7 days of the delivery thereof. Any claim made after this deadline cannot be accepted. A product return can only be accepted if products are in their original condition (packaging, accessories etc.).
The buyer shall make any claim regarding a delivery error and/or the non-compliance of the nature or quality of products in relation to the indications on the order form, to Molli on the date of delivery or at the latest on the first working day after delivery. Any claim made after this deadline will be rejected.
The claim can be made, as chosen by the buyer,
- by telephone by calling 0033 (0)1 43 25 87 91
- or by sending an email to firstname.lastname@example.org
Any claim not made in accordance with the regulations defined above and within the given deadlines cannot be taken into account and will release Molli from any liability vis-à-vis the buyer.
In the case of a delivery error or exchange, any product to exchange or be reimbursed shall be returned to Molli in full and in its original packaging to the following address: 18, rue Bayard, 75008 Paris
The return costs are borne by Molli.
The products sold are covered by a commercial guarantee intended to guarantee their conformity and ensure the reimbursement of the purchase price, the replacement or repair of the products.
It does not cover occasional defects caused by abnormal or incorrect use or resulting from a cause independent from the intrinsic qualities of the products.
The aforementioned provisions are not exclusive of the application of the legal guarantee of compliance set forth in Article L. 211-4 of the Consumption Code and the guarantee regarding the object sold set forth in Articles 1641 and following of the Civil Code.
RIGHT OF WITHDRAWAL
In accordance with the provisions of the Consumption Code, the buyer has 14 working days as from the delivery date of his order to return any unsuitable article and ask for an exchange or the reimbursement thereof without penalties, with the exception of return costs which are borne by the buyer.
Only products sent back in full, in their original complete and intact packaging and in perfect condition for resale will be accepted. Any product which has been damaged or whose original packaging has been damaged, will not be reimbursed or exchanged.
RETURN PROCEDURE - REIMBURSEMENT
After informing Molli of his decision to withdraw an order, the buyer has 14 days to send back or return the products.
The product must be returned to Molli, in full, not dismantled and in its original packaging, to the following address: 18, rue Bayard, 75008 Paris.
This right of withdrawal can be exercised without penalties, it being understood that the return costs are borne by the buyer. In the case of an exchange, the redispatching will be at Molli’s expense.
Molli shall reimburse the buyer all amounts paid, including delivery costs, without unjustified delay and at the latest within 14 days of the date on which it is informed of the consumer’s decision to withdraw.
Molli can, however, defer the reimbursement until it has recovered the products or until the buyer has provided proof of shipment of the products in question, whichever takes place first.
Any circumstances beyond the parties’ control hindering the performance, under normal conditions, of their obligations, are considered as causes of exemption from the obligations and result in the suspension thereof.
The party which invokes the circumstance referred to above must immediately warn the other party thereof, as well as of the end thereof.
Force majeure events shall include all elements or circumstances which are unavoidable, not caused by and outside the control of the parties, unpredictable, inevitable, and which cannot be prevented by the parties, despite all reasonable efforts. Other than those events generally confirmed by the case law of French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: the blockage of means of transport or supply, earthquakes, fires, storms, flooding, lightning, the breakdown of telecommunication networks or difficulties specific to the telecommunications networks external to the customers.
The parties shall come together to assess the impact of the event and agree on the conditions pursuant to which the contract will continue to be performed. If the force majeure event continues for more than three months, these general terms and conditions can be terminated by the injured party.
If one or more provisions of these general terms and conditions are deemed invalid or declared invalid in accordance with a law, regulation or following a definitive judgement of a competent court, the remaining provisions shall remain effective and binding.
The fact that one of the parties does not invoke a breach by the other party of any specific obligation set forth in these terms and conditions cannot be interpreted as a waiver of the obligation in question in the future.
In case of a difficulty of interpretation between any of the headings of the articles and any of the articles, the headings shall be declared non-existent.
These general terms and conditions shall be governed by French law, with the exception of the provisions of the Vienna Convention. The same is true for the substantive and procedural rules. In the case of a dispute or claim, the buyer shall contact Molli, as a priority, in order to seek an amicable solution. Otherwise, the buyer may initiate proceedings before the court of its choice.