GENERAL CONDITIONS OF SALE

MONGARSON

 www.mongarsson.fr is published by the company ANNE CHARLOTTE COÏC, a simplified joint-stock company with capital of €10,000, whose registered office is at 6 chemin de Coat Goarem 29000 QUIMPER, registered in the Trade and Companies Register of Quimper under number 8816341740001888, including intra-community VAT number FR42-881634174

 Application of the general conditions of sale

The general conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with SAS ANNE CHARLOTTE COIC by any adult exclusively (the "Customer") making a purchase on www.mongarsson.fr.

The Customer must read the T&Cs prior to any order (the "Order"), the T&Cs being available on the mongarsson.fr website.

“Mediation of consumer disputes In accordance with Articles L 611-1 to L 611-3 and R 612-1 to R 616-2 of the Consumer Code, all consumers have the right to have free recourse to a mediator of the consumption, with a view to the amicable resolution of the dispute between it and a professional, when the dispute related to consumption could not be settled amicably and directly with the professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation system. The consumer mediation entity designated by the professional is: the AMBO Association, which can be contacted: ● either by post to the following address: AMBO 12, rue Colbert B 37 - 56100 LORIENT ● or electronically by filling out the dedicated form on the AMBO website: https://www.ambo.bzh/mediation-consommation/

 

MONGARSSON reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the site www.mongarsson.fr at the time of the Order. Consequently, the fact of placing an Order requires full prior and unreserved acceptance of the T&Cs by the Customer by clicking on the button "I have read and I accept the general conditions of sale". p>

 Site Information

The Site is accessible to all users in principle 24 hours a day, 7 days a week, except for interruption, voluntary or not, by MONGARSSON or its service providers, for the purposes of its maintenance and/or security or force majeure, bugs, anomalies, breakdowns (as defined below). MONGARSSON cannot be held responsible for any damage, whatever its nature, causing the unavailability of the Site and therefore its use.

MONGARSSON also cannot be held responsible for problems with data transmission, connection or network unavailability.

MONGARSSON reserves the right to make changes to the Site, for whatever reason. If changes have been made, the Customer may be informed, but their acceptance is not requested.

The order details are archived in accordance with article L.134-2 of the Consumer Code, for a period of ten years on a secure server. However, no credit card number is stored.

Registration on the site

In order to be able to place an order, the customer must first register by creating a customer account. To do this, he must have previously completed the registration form.

The Customer's registration on the Site is validated by MONGARSSON after verification of the form completed by the Customer. The Customer receives a registration confirmation email.

When creating their Account, the Customer chooses their username (email) and password. If the chosen identifier is already assigned, the system prompts him to choose another one.

The Customer must ensure the accuracy and completeness of the data he provides... When creating the Customer Account, the Customer enters the data that allows his identification under his full responsibility, controls and directions and agrees to provide complete, accurate and up-to-date information, and not to impersonate any third party, nor to conceal or alter their age. MONGARSSON cannot be held responsible for the impossibility of delivering Products due to a customer error in the wording of his contact details.

MONGARSSON may delete the Customer's Account at any time, for any reason, without having to inform the customer concerned.

Products

Stocks are updated automatically. An error in the update, whatever its origin, does not engage the responsibility of MONGARSSON for all order cancellations due to the exhaustion of a product.

MONGARSON provides the customer with a full product description (photo or product description), as much information as possible. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.

MONGARSSON does not guarantee the accuracy or security of information transmitted or obtained through the Site.

MONGARSSON will only accept the return of undamaged and unworn Products, these two conditions being checked before the return to stock and the reimbursement of the returned products.

The command

The order taking on the Site will be validated after the customer has followed and respected the procedure put in place by MONGARSSON.

Any Order implies a payment obligation.

The Customer declares to be at least 18 years old and to have the legal capacity, or if he is a minor, guarantees to have parental authorization to place his Order.

The Customer must select the Products he wishes to add them to the basket. The " basket " tab summarizes the products that the Customer has selected as well as the prices and costs relating thereto. Changes made to the basket by the customer are only possible before validation of the order.

The validation of the Order constitutes confirmation of the acceptance by the Customer of the GTC, the Products purchased, their price as well as the associated costs.

Following the sale, a confirmation email summarizing the Order including: the registration of the order, the details of the items ordered, the total price, the delivery costs, an estimate of the delivery date or time, the means of payment chosen will be sent to the Customer by MONGARSSON.

To this end, the Customer formally accepts the use of email for confirmation by MONGARSSON of the content of his Order.

The customer can edit his Invoice again, if he wishes, in the "my account" section. of the website www.mongarsson.fr.

Refusal to process an order

MONGARSSON may modify, replace or even withdraw a product displayed as well as its content on the site without being held responsible towards the Customer or a third party for the consequences of these changes, or even for the refusal to process an order after the sending of the confirmation email summarizing the Order.

MONGARSSON also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order, suspicious bank details, abnormal complaints, abusive exchanges or a suspicion objective of fraud.

 Payment, prices

The prices of the products are indicated on the Site in euros for Europe, in pounds sterling for Great Britain and in American dollars for the United States, including VAT, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier.

All prices displayed include value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.

MONGARSSON reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.

Payment for purchases is made either via Paypal, via Alma for payment in 2 or 3 instalments, or via the secure platform of our payment provider Stripe Products are payable in cash.

Paypal (Europe) S.à.r.l. et Cie, is a Luxembourg partnership limited by shares, registered with the R.C.S of Luxembourg under number B118349, whose registered office is located at 22-24, Boulevard Royal – L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com.

Alma SAS, with capital of €236,426.33, whose registered office is at 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, registered with the Nanterre Trade and Companies Register under number 839 100 575 . For any information, the Customer can consult the general conditions of Alma's payment facilities by clicking on the following: https://getalma.eu/legal/terms/customer/merchant_11kxuGO5WbBwHKhSCUMGuqOOOMEUb4QNoY#specific-tos

The Customer expressly acknowledges that the communication of his credit card number to MONGARSSON constitutes authorization to debit his Account up to the price of the Products ordered. If necessary, a notification of Order cancellation for non-payment is sent to the Customer by MONGARSSON on the email address provided by the Customer when registering on the Site.

The data recorded and kept by MONGARSSON constitutes proof of the Order and of all past sales. The data recorded by Paypal or Alma constitutes proof of any financial transaction between the Customer and MONGARSSON.

 

 Warranties - Limitation of Liability

Limitation of liability

The responsibility of MONGARSSON with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. MONGARSSON will not be liable for the following losses, regardless of their origin:

A loss of income or sales, operating loss, loss of profits or contracts, loss of planned savings, loss of data, loss of working or management time, damage to image, loss of opportunity , and in particular to order a Product, moral prejudice.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, with the exception of the warranties provided by law.

MONGARSSON makes no warranty regarding any harm that may be caused by the transmission of a computer virus, any form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or hinder the proper functioning of the latter, including any transmission resulting from a download of any content made by the Customer, the software used by the latter to download the content, the Site or the server which allows it to be downloaded to access. The Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer equipment and any other device in order to protect them against any bugs, viruses or other harmful programming routines.

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The Customer acknowledges assuming all risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from downloading such content.

MONGARSSON is only required to deliver Products that comply with the contractual provisions. The Products must comply with the description and have the characteristics displayed on the Site; they must be suitable for the purposes for which products of this type are generally designed; they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.

In addition, MONGARSSON guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions: 

Legal guarantees

All products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Civil Code), allowing the Customer to return the defective or non-compliant Products delivered free of charge.

Legal guarantee of conformity

Article L217-4 of the Consumer Code: “The seller is required to deliver 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, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

Article L211-5 of the Consumer Code: “To comply with the contract, the goods must:

1) Be fit for the use usually expected of a similar item and, where applicable:

Correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2) 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 seller's attention and which the latter has accepted. »

Article L211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

Warranty against hidden defects

Article 1641 of the Civil Code: "The seller is bound by the guarantee 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 paid less for it, if he had known them. »

Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity. »

As part of the legal guarantee against hidden defects, MONGARSSON, at the Customer's choice, undertakes, after evaluation of the defect:

- Either to refund the full price of the returned Product,

- Either to reimburse part of the price of the product if the Customer decides to keep the Product.

Disclaimer of Warranties

Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover Products damaged during transport after Delivery or due to improper use.

Terms of implementation of guarantees

As part of the legal guarantee of conformity, the Customer:

Benefits from a period of two (2) years from the delivery of the goods to act;

Can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L217-9 of the Consumer Code;

Is exempted from providing proof of the existence of the lack of conformity of the good during the two years.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

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Terms of implementation of guarantees

As part of the legal guarantee of conformity, the Customer:

Benefits from a period of two (2) years from the delivery of the goods to act;

Can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L217-9 of the Consumer Code;

Is exempted from providing proof of the existence of the lack of conformity of the good during the two years.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

For any request concerning the legal guarantees, the Customer must then contact the Customer Relations Department by email contact@mongarsson.fr

These provisions are not exclusive of the right of withdrawal defined in Article 9 above.

Consequences of the implementation of legal guarantees

As part of the legal guarantee of conformity, MONGARSSON, undertakes at the Customer's choice:

- to replace the Product with an identical product depending on available stocks.

- to refund the price of the Product if the replacement of a Product proves impossible.

As part of the legal guarantee against hidden defects, MONGARSSON, according to the Customer's choice, undertakes, after evaluation of the defect:

- to reimburse the full price of the returned Product, or to reimburse part of the price of the Product if the Customer decides to keep the Product.

Force Majeure

In the event of the occurrence of an event of force majeure preventing the execution of these GCS, MONGARSSON shall inform the Customer thereof within fifteen (15) days of the occurrence of this event, by email or by letter. registered with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, health disasters and any other case beyond the control of the parties preventing the normal execution of the relationship contractual. All the obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of MONGARSSON or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.

Retention of title

MONGARSSON retains full ownership of the Products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.

 Partial disability

If one or more stipulations of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations shall retain all their strength and reach.

No tolerance, inaction or inertia on the part of MONGARSSON may be interpreted as a waiver of its rights under the terms of the GCS.

 Mediation - Applicable Jurisdiction

The sale of the Products is subject to French law.

 

In the event of a dispute, the Customer will first contact MONGARSSON to seek an amicable solution by contacting Customer Service.

In the event of a complaint not resolved amicably by Customer Service, the customer may appeal to a mediator.

The Customer can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

In the absence of an amicable resolution, any dispute relating to the interpretation of the GCS, the execution or termination of a sale, the interpretation, execution or termination of these presents is subject, failing by amicable agreement, to the legally competent courts.

LEGAL INFORMATION

It is recalled that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination of possible viruses circulating on the Internet.

• EDITOR

ANNE CHARLOTTE COIC, a simplified joint-stock company, with capital of €10,000, registered with the Paris Trade and Companies Register under number 534 652 854, whose registered office is at 6 chemin de Coat goarem 29000 QUIMPER, France.

The publication director is Anne charlotte COÏC, legal representative of MONGARSSON.

Contact: contact@mongarsson.fr

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• PERSONAL DATA AND COOKIES

All information in your Account is only used in the context of your commercial relationship with www.mongarsson.fr This information is never shared with third parties or resold.

Customer personal data is collected for the following purposes:

• Management of Orders and Customer Relations
• Information for Customers relating to offers and commercial information related to the brand
• Strengthening and improving the communication of the Website and the brand by sending, in particular, newsletters and special offers according to the Customer's preferences noted on the Website
• Improving and personalizing the services offered to Customers
• Compliance with legal and regulatory obligations.

The Customer's personal data is only kept for the duration strictly necessary for the purposes previously explained.

We do not have the bank details that the customer communicates on the site www.mongarsson.fr during payment.

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The user can choose to block or deactivate these cookies at any time by configuring the internet browser of his computer, tablet or mobile, in accordance with the instructions established by his internet browser provider.