These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER") on the website www.monlook.fr (hereinafter the "WEBSITE") from MONLOOK, a SASU registered in the NIORT Trade and Companies Register under the number 830166377, having its registered office at 10 Rue Jean-François Cail - 79000 NIORT, France, email: firstname.lastname@example.org (hereinafter the "SELLER").
IMPORTANT - Any order placed on the Site implies the CUSTOMER's unreserved acceptance of these general conditions
ARTICLE 1: DEFINITIONS
The terms used below have the following meaning in these General Conditions:
"CUSTOMER": refers to the SELLER's co-contractor, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that the CUSTOMER is acting outside of any usual or commercial activity.
"DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of ordering.
"PRODUCTS": refers to all the products available on the SITE.
"TERRITORY": shall designate Metropolitan FRANCE (excluding DOM/TOM).
ARTICLE 2: PURPOSE
These General Conditions govern the sale of PRODUCTS by the SELLER to its CLIENTS.
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from distinct contractual conditions.
ARTICLE 3: ACCEPTANCE OF THE GENERAL CONDITIONS
The CUSTOMER agrees to carefully read and accept these Terms and Conditions before proceeding with the payment of an order for PRODUCTS placed on the SITE.
These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download and print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Terms and Conditions with each new order, as the latest version of the General Terms and Conditions applies to all new orders of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4: PURCHASE OF PRODUCTS ON THE SITE
In order to purchase a PRODUCT, the CLIENT must be at least 18 years old and have the legal capacity or, if he/she is a minor, be able to prove the agreement of his/her legal representatives.
The CUSTOMER will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. Tracking of DELIVERIES can, if necessary, be done using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at email@example.com in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, eligibility and the information provided.
ARTICLE 5: ORDERS
5.1 : Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under applicable law.
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
Unless otherwise expressly indicated on the SITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
5.2 : Ordering procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's home page, the steps may differ slightly).
- 5.2.1. Selection of PRODUCTS and purchase options
The CLIENT shall select the PRODUCT(S) of his choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CLIENT's shopping cart. The latter may then add as many PRODUCTS as he/she wishes to his/her basket.
- 5.2.2. Orders
Once the PRODUCTS have been selected and placed in the CLIENT's shopping cart, the CLIENT must click on the shopping cart and verify that the contents of the order are correct. If the CUSTOMER has not yet done so, he/she will then be invited to identify himself/herself or to register.
Once the CUSTOMER has validated the contents of the basket and logged in/registered, an online form will be displayed, automatically filled in, summarising the price, the applicable taxes and, if applicable, the delivery charges.
The CLIENT is invited to check the content of the order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the payment method and the price) before validating its content.
The CLIENT can then proceed to the payment of the PRODUCTS by following the instructions on the SITE and provide all the necessary information for the invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary to process the order.
The CUSTOMER must also select the delivery method chosen.
- 5.2.3. Acknowledgement of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated through the registration form is correct
The SELLER does not send any order confirmation by post or fax.
- 5.2.4. Billing
During the ordering process, the CUSTOMER shall enter the information required for invoicing (the sign (*) shall indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
In particular, the CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.
The CUSTOMER must also specify the chosen method of payment.
Neither the order form that the CUSTOMER draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail, constitutes an invoice. Regardless of the method of order or payment used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3 : Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only start to run from this date.
5.4 : Prices
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).
The prices include in particular the value added tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS from the date the new rate comes into effect.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in case of special offers or sales.
The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CLIENT
5.5 : Availability of PRODUCTS
The trader undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CLIENTS may also be informed of the restocking of a PRODUCT by the SELLER.
In any event, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, the SELLER may, if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT decides to cancel his order for unavailable PRODUCTS, he shall obtain reimbursement of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
ARTICLE 6: RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are set out in the "withdrawal policy", which is available in Annex 1 hereof and can be accessed at the bottom of each page of the SITE via a hypertext link.
ARTICLE 7: PAYMENT
7.1 : Payment methods
The CUSTOMER may pay for PRODUCTS online on the SITE using the methods proposed by the SELLER.
The CUSTOMER guarantees the SELLER that he/she has all the necessary authorizations to use the chosen payment method.
The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of the online payment on the SITE.
In this respect, it is specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
The payment methods offered are by :
- Credit card with 3D-secur authentication via the PAYPLUG payment module. The CUSTOMER's account will be debited under the name "PAYPLUG.COM". The CUSTOMER will receive a payment confirmation by e-mail from PAYPLUG.
7.2 : Payment date
In the case of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS are ordered on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is shipped. If the CLIENT decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
7.3 : Late or refused payment
If the bank refuses to debit a card or other means of payment, the CLIENT must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8: PROOF AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9: TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until full payment is received from the CLIENT.
The above provisions do not prevent the transfer to the CLIENT, upon receipt by the CLIENT or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may cause.
ARTICLE 10: DELIVERY
The terms of DELIVERY of the PRODUCTS are set out in the "delivery policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
ARTICLE 11: PACKAGING
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Annex 1 - Cancellation Policy.
ARTICLE 12: GUARANTEES
In addition to the commercial warranties that the SELLER may offer for certain PRODUCTS, all Customers benefit from "legal" warranties, for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the French Consumer Code
12.1 : Warranty of conformity
Article L. 217-4 of the French Consumer Code: "The seller delivers goods that conform to the contract and is responsible for any defects in 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 the latter was made his responsibility by the contract or was carried out under his responsibility".
Article L.217-5 of the Consumer Code: "The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable : - if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
The SELLER is liable for defects in conformity existing at the time of delivery and for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been placed at his expense or has been carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Consumer Code)
In case of lack of conformity, the CLIENT may request the replacement or the repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address: 10 rue Jean-François Cail - 79000 NIORT - FRANCE.
Finally, the CLIENT is exempted from proving the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the delivery of the PRODUCT except for second-hand goods for which this period is fixed at six (6) months. (Article L. 217-7 of the Consumer Code).
It is specified that the present legal warranty of conformity applies independently of the commercial warranty granted, if any, on the PRODUCTS.
12.2 : Warranty for hidden defects
The SELLER is bound by the warranty for latent defects of the PRODUCT sold which render it unfit for its intended use, or which diminish such use to such an extent that the CLIENT would not have acquired it, or would have given only a lower price for it, if he had known about them. (Article 1641 of the Civil Code)
This guarantee allows the CLIENT who can prove the existence of a hidden defect to choose between the reimbursement of the price of the PRODUCT if it is returned and the reimbursement of a part of its price, if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 10 Rue Jean-François Cail - 79000 NIORT - FRANCE. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
ARTICLE 13: LIABILITY
The SELLER shall in no case be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order.
The SELLER shall not be held liable, or considered to have failed to comply with the present terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER excludes all responsibility for the information published on these sites. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
ARTICLE 14: FORCE MAJEURE
The SELLER shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these GTCs is due to force majeure.
Force majeure in contractual matters occurs when an event beyond the control of the debtor, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In this respect, the SELLER shall not be held liable in particular in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communication networks, as well as in the event of any circumstance or event outside the SELLER's control occurring after the conclusion of the GTCs and preventing their performance under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim the payment of any compensation and may not bring any action against the SELLER.
In the event of the occurrence of one of the above-mentioned events, the SELLER will endeavour to inform the CLIENT as soon as possible.
ARTICLE 15: PERSONAL DATA
The SELLER collects personal data on the SITE about its CUSTOMERS, including through cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, to manage the CUSTOMER's account, to analyse orders and, if the CUSTOMER has expressly chosen this option, to send him/her commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that the latter have expressly given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with Law No. 78-17 of 6 January 1978 on data processing, files and freedoms and 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, and repealing Directive 95/46/EC (General Data Protection Regulation known as the RGPD), the SELLER ensures the implementation of the rights of the persons concerned.
It is recalled that the CUSTOMER whose personal data is processed has the right to access, rectify, update, portability and deletion of information concerning him/her, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Individuals (RGPD).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the RGPD, the CLIENT may also, for legitimate reasons, oppose the processing of data concerning him/her, without reason and without charge.
The CUSTOMER may exercise these rights by sending an e-mail to the address: firstname.lastname@example.org or by sending a letter to 10 Rue Jean-François Cail - 79000 NIORT - FRANCE.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
ARTICLE 16: COMPLAINTS
The SELLER provides the CUSTOMER with a "Customer Service" by e-mail: email@example.com or via the contact form. Any written complaint from the CUSTOMER must be sent to the following address: 10 Rue Jean-François Cail - 79000 NIORT - FRANCE.
ARTICLE 17: INTELLECTUAL PROPERTY
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
Under no circumstances will this authorisation from the SELLER be granted on a permanent basis. This link must be removed at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its content, by any means whatsoever, without the prior express authorisation of the SELLER, is prohibited and shall constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the French Intellectual Property Code.
Acceptance of these GTCs implies recognition by the CUSTOMER of the SELLER's intellectual property rights and a commitment to respect them.
ARTICLE 18: VALIDITY OF THE GENERAL CONDITIONS
Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision does not authorise CLIENTS to disregard these General Conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the practice of the retail sector, for companies whose registered office is located in France.
ARTICLE 19: MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
ARTICLE 20: JURISDICTION AND APPLICABLE LAW
THESE GENERAL CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL HAVE JURISDICTION.
However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is reached or if the CUSTOMER can prove that he/she has previously attempted to resolve his/her dispute directly with the SELLER by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including one concerning its validity.
To initiate this mediation, the CUSTOMER may contact the SELLER's mediator: MONLOOK, whose contact details are: firstname.lastname@example.org and who can be contacted via this link: https://monlook.fr/contact-us .
The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the conflict
Since mediation is not compulsory, the CUSTOMER or the SELLER may withdraw from the process at any time
IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE WHICH MAY HAVE GIVEN RISE TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.