The present website www.moonparisclothing.fr (hereinafter referred to as the "Site") is published by the company EURL MES ANGES with a capital of 130.000 Euros, registered with the Paris Trade and Companies Register under the number 522 530 898, whose intra-Community VAT number is FR 53 522 530 898, whose registered office is located at 14, rue Saint-Guillaume 75007 Paris
Phone: 06 11 83 60 91
To contact us by email: contact@moonparisclothing.fr
The access and the use of the Site are reserved for natural persons, major excluding any sale to professionals or for the purpose of resale to third parties. In any case, access to or use of the Site by a Customer entails express and unreserved acceptance of these General Conditions of Sale and Use of the Website MOON PARIS (hereinafter the "General Terms and Conditions"). Sale and Use "). The Customer who orders Products via the Site, whatever his domicile or place of connection, is deemed to be buying in France and is therefore subject exclusively to French law. The Site offers for sale children's textile articles (hereinafter the "Products") made in France, India, Nepal and Morocco. The Products can be delivered in the entire worl.
These General Terms and Conditions of Sale and Use may be amended at any time, provided that each Order on the Site is governed by the General Terms and Conditions of Sale and Use in effect at the date of placing the Order. The sale of the Products on the Site is subject to these General Conditions of Sale and Use, to the exclusion of any other document. Any Order constitutes acceptance of these General Conditions of Sale and Use, the price and the description of the Products that are the subject of the Order.
1. Acceptance of these general conditions of sale and use
By connecting to the Site, the Customer who wishes to place an order for a Product acknowledges that he has read and agrees to be bound by these General Conditions of Sale and Use (by ticking the required box: "I have read the General Conditions of Sale and Use and I unreservedly adhere thereto ") for purchases of Products that he will carry out in this framework by any means whatsoever. The Products offered on the Site are described in product sheets including for some a photo and indicating their denomination and characteristics. The Customer acknowledges and accepts the photographs and images illustrating the Site are only indicative and are not contractual.
2. Access to the site
EURL MES ANGES / MOON PARIS strives to provide permanent access to the Site, 24 hours a day, 7 days a week. However, access to the Site may be suspended, at any time and without notice, in particular as a result of breakdowns, malfunctions or paralysis of the network, the system and / or the means of communication, as well as the maintenance and corrective actions required by the updating and proper operation of the Site.
EURL MES ANGES / MOON PARIS also reserves the right to make, at any time, any modifications, deletions and / or additions to the content of this Site, without notice and in a discretionary manner. The Customer undertakes not to hinder access to the Site and / or the proper functioning of the Site in any way whatsoever, which may damage, intercept, interfere with all or part of the Site. It is recalled that the fact of accessing or maintaining fraudulently in a computer system, of hindering or distorting the operation of such a system, of fraudulently introducing or modifying data in a computer system constitutes punishable offenses penal sanctions.
EURL MES ANGES / MOON PARIS shall not be liable for any direct or indirect damage due to any interruption, any malfunction, suspension or discontinuance of the Site and / or services, for any reason whatsoever or any direct or indirect damage resulting from the access to the Site and / or services. The Customer acknowledges that he / she has the competence and means to access and use this Site. The communication protocols used are those used on the Internet. EURL MES ANGES / MOON PARIS shall not be liable for items beyond its control and for any damages that may be suffered by the Customer's technical environment, including, without limitation, its computers, software, network equipment and any other equipment used to access or use the Site.
Access to the Site is free. Charges for access and use of the telecommunications network shall be borne by the Customer, in accordance with the terms and conditions set by its access providers and telecommunications operators.
3. Personal data - cookies - protection of minors
3.1. Processing personal data
In order to process and deliver orders for products (manufacture, delivery, invoicing, etc.), the Customer must register on the Site, provide sincere and genuine information and authorize the Site to collect, process and use personal data communicated.
The lack of information automatically leads to the absence of validation of the Order.
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, modified by law n ° 2004-801 of August 6, 2004, the Client has at all times an individual right access, modification, rectification and deletion of data concerning him. It is sufficient for him to exercise this right to make the request by indicating his surnames, first names and email address to EURL MES ANGES / MOON PARIS by e-mail: amelie@moonparisclothing.fr or by registered letter with acknowledgment: EURL MES ANGES / MOON PARIS,14, rue Saint-Guillaume, 75007 Paris. If the Client does not wish to receive commercial information, he can click on the link provided and insert at the bottom of each e-mail sent to him or send it by e-mail to the following address: contact@moonparisclothing.fr
3.2. Cookies
The User acknowledges and accepts the possibility that EURL MES ANGES / MOON PARIS may place anonymously one or more cookies in order to improve the site permanently and in particular to facilitate the management of the Site and the recognition of the Customers. A procedure is available in the User's browser to allow him to oppose the setting of these cookies. The Client is however informed that the implementation of such a procedure could have a negative impact in its use of the Site which could then be disrupted or even rendered impossible.
3.3. Protection of minors
Pursuant to Article 1124 of the Civil Code, non-emancipated minors are incapable of contracting. Therefore, orders for minors must be passed through parental authority. In case of accidental collection of personal data relating to a minor, the parental authority has the right to oppose their conservation by sending a message to amelie@moonparisclothing.fr.
4. Site Registration
4.1. Registration details
Access to the "Order" function on the Site is reserved for Clients previously registered. The Customer must therefore register by entering in the "Create an account" section:
- his / her identity (first name, surname and date of birth)
- its delivery and billing addresses
- his e-mail address
- password
During the registration process, the Customer expressly undertakes to provide accurate and complete information and, subsequently, to update it. In the event that the Customer indicates false, inaccurate, erroneous, outdated or incomplete information, EURL MES ANGES / MOON PARIS shall be entitled to refuse access to all or part of the Site, as well as to suspend or terminate the Client Account, without compensation or refund.
4.2. Authentication and Security
When the conditions necessary for the registration are met, and subject to the acceptance of EURL MES ANGES / MOON ET MIEL, the Client may, through his identifiers, access and manage his Client Account and place Orders. These identifiers are strictly personal and confidential and should not be communicated or shared with third parties. In no case shall EURL MES ANGES / MOON ET MIEL be responsible for the loss of its identifiers by the Customer. The Client will be solely responsible for the use of his identifiers by third parties or actions or declarations made through the "My Account", whether fraudulent or not. It guarantees EURL MES ANGES / MOON ET MIEL against any request in this respect. Moreover, EURL MES ANGES / MOON ET MIEL does not have the means to ensure the identity of the persons accessing its Site, and can not therefore be responsible for the usurpation of the identity of a Client. If the Customer has reason to believe that a person is using his / her login credentials or Client Account, he / she will have to inform immediately EURL MES ANGES / MOON ET MIEL.
5. ORDER
5.1. Contract Formation
The Site contains a commercial proposal for the sale of Products, which can be modified at any time on the initiative of EURL MES ANGES / MOON ET MIEL. Offers of Products and prices are valid, within the limits of stocks and available supplies, as long as they are visible on the Site.
The Site confirms the acceptance of the Order to the Customer by e-mail to the email address indicated by the Customer during his Order. This confirmation will take place no later than 48 business hours after receipt of an Order.
5.2. Description of the Order Process and Order Validation
The Customer who wishes to place an order clicks on:
1 / Choice of the model (color, size, quantity): in the event of a stock shortage of one of the proposed models, it can not be selected by the Customer when placing the Order. The Customer will be able to inform his e-mail address if he wants to be alerted when the product will be in stock again. He will then be able to place an order at that time.
2 / Add to cart.
If the Client does not have a Client Account, he is invited to open a Client Account in accordance with Article 4 of these General Conditions of Sale and Use. If the Client already holds a Client Account, he must enter his identifiers to continue the Order. Once all of the customer's choices have been made, the Customer is redirected to the order summary basket and has the option of ordering other items of the same model by selecting the desired number of products (if they are not not customized).
The Client must then supply all the information requested to him / her for his / her reservation (including name, first name, delivery address, billing address, telephone, e-mail, etc.).
At this stage of the Order, the Customer will access a page of the Site detailing the contract offer which will include the following information: a summary of the Order (description of the selected options, size selected, total price of the Order, number of Products ordered, total to be paid) the Customer's personal details, the methods of payment.
The Client is invited to read carefully his form before validating his Order. The Customer has the possibility to verify the detail of his Order and its total price, and to correct any errors. After having validated the contents of his / her basket and ticked the box "I have read the General Conditions of Sale and Use and I adhere unreservedly to it", the Customer is invited to choose a method of delivery and then payment and validate its Order. This validation, as well as all the data that EURL MES ANGES / MOON ET MIEL has recorded, will constitute the proof of the Transaction.
5.3 Suspension - Refusal
EURL MES ANGES / MOON ET MIEL reserves the right to terminate or suspend a Customer's account, to suspend and / or refuse any order from a Customer for any legitimate reason (including false or erroneous information, fraudulent order, payment incident, use without authorization of means of payment of a third party, etc.).
EURL MES ANGES / MOON ET MIEL also reserves the right to suspend and / or refuse any Order from a Customer with whom there is a dispute relating to the payment of an earlier Order, whatever the mode of Order and / or payment .
6. General obligations of the parties
6.1 Obligations of the Site
The Products are conceived and imagined by EURL MES ANGES / MOON ET MIEL and realized in France, India, Nepal and Morocco. Inventories of Products are kept up to date in real time. However, despite the precautions taken, stock-outs and / or supplies are possible. In this case, the Site informs the Customer and undertakes, at the Customer's option, to refund the amount paid or to offer an equivalent Product in quality and price.
6.2. Obligations of Customer
The Client declares that he is at least eighteen years of age and has the legal capacity to place an Order. The Customer undertakes to indicate a valid address to which the delivery can be made from Monday to Friday from 8 am to 5 pm. The address should be easily accessible to the carrier. By validating his Order, the Customer agrees to pay it. Any Order placed by a Customer is strictly for his personal use, or for the personal use of the person on whose behalf the delivery is to be made, unrelated to any professional use.
7. Order-Specific Arrangements
7.1. Price, invoice
The total price indicated in the Order Confirmation of the Site is the final price. The price is expressed in euros and all taxes included. The value added tax is the one in force in France at the time of the Order. Shipping fees are subject to a fee and are indicated at the time of order. The payment of the Products is done by credit card (Eurocard, Visa, Carte Bleue, Mastercard) or Paypal. For payments by credit card EURL MES ANGES / MOON ET MIEL has selected the payment solution Systempay. At the time of the Order, when the Customer must enter or communicate his card number and validity date, he will be on the secure network of the Systempay system. These numbers are never known or preserved by EURL MES ANGES / MOON ET MIEL. After verification and agreement of the banking center, the Customer automatically returns to the Site to continue his purchases in complete safety. The Client's bank account or Paypal account will be debited within 48 hours from the date of the order, which will be considered effective after confirmation of the agreement of the banking center or the Paypal online payment service. The debit on the credit card or the Paypal account of the Customer will be made in euros exclusively.
7.2. Delivery
The Products can be delivered anywhere in the world, at the address indicated by the Customer when placing the Order. Unless otherwise stated on the Site, and in particular in the event of a stock shortage mentioned above, deliveries of the Products are made within a maximum of 10 (ten) working days from the confirmation of the Order, and exclusively for deliveries located in Metropolitan France. This period is extended during the holidays of the Workshops of confection of which the Customer is informed on the Site if necessary. The Site will in no case be responsible for a delay in delivery due to a failure of the carrier, absence of the Customer at the time of delivery of his Order or misinformation on the part of the Customer.
7.3. Transfer of Property and Risks
The transfer of ownership and the transfer of risks take place as soon as the product is delivered to the address indicated on the Order.
7.4. Right to retract
The Customer has a period of withdrawal of fourteen (14) clear days from receipt of the Products that have been the subject of the Order.
The Client must clearly and precisely notify his / her intention to withdraw from the Customer service of EURL MES ANGES / MOON ET MIEL by sending a declaration or the form attached to these general conditions of sale to the following address: contact@moonparisclothing.fr. The Client is then obliged to send back to the Customer Service the Product being revoked without undue delay and at the latest within fourteen (14) days of notification of its decision to withdraw. The costs of returning the Product (s) subject to the revocation are entirely at the Customer's expense. EURL MES ANGES / MOON ET MIEL agrees to reimburse to him / her all the sums paid for the Product (s) subject to the revocation, including the standard delivery costs, within fourteen (14) days of the date of receipt of the request, provided the Products have been returned.
7.5. Reservations at the time of the reception of the Products - Non - conformity - Commercial guarantee
7.5.1. Reservations at the reception of the Products
In the event of reservations, the Customer must, insofar as possible, issue reservations in the case of delivery of the Products, in writing to the carrier, send a copy of these reservations by e-mail to the following address: amelie@moonparisclothing.fr as soon as possible and provide with this shipment confirmation by the carrier of the reality of these reserves.
7.5.2. Non - conformity of Products
EURL MES ANGES / MOON ET MIEL implements all the necessary provisions to deliver a Product conforming in all points to the Order of the Customer: model, fabric, marking, size. In case of non conformity of the Product with the specifications indicated by the Customer when ordering, as summarized in the e-mail of confirmation of order, the Customer can request the replacement of the Product. However, Customer is cautioned that due to technical constraints that may arise during product design, some non-substantial modifications may be made during design. It is expressly agreed that these non-substantial modifications, due to technical constraints, do not affect the conformity of the Product, so that the Customer can not rely on it under this Article 7.5.2. The Client's request must be made within a maximum of five (5) working days from the receipt of the Order, the lack of conformity being in no case due to the fact that the Product has been worn, damaged or worn its fact, or that the Customer has misinformed his choices during the Order. Only the Products in perfect condition of resale are taken over by EURL MES ANGES / MOON ET MIEL. As such, EURL MES ANGES / MOON ET MIEL will systematically refuse any Product notably worn, used, washed, deteriorated or incomplete. In case of abnormal or abusive return, DANS UN NUAGE may refuse to honor a subsequent order. In the case of return of a Product for non-conformity, EURL MES ANGES / MOON ET MIEL will send a transport voucher for the reshipment of the Product and, the Customer will return its Products free of charge by affixing the transport voucher on the parcel of reshipment. In the event that the error is not caused by EURL MES ANGES / MOON ET MIEL, the Customer does not benefit from the guarantee of conformity.
7.6. Limitation of Liability
Due to the technical constraints which may arise in the manufacture of the Product, EURL MES ANGES / MOON ET MIEL is only bound to an obligation of means. In any case, the Parties expressly agree that, in the event of a liability for inclusion, irrespective of the nature or basis of the action, only direct damage arising from the non-performance of its contractual obligations, are liable to give rise to compensation
The amount of the repair chargeable to EURL MES ANGES / MOON ET MIEL shall be expressly limited to the sums received by EURL MES ANGES / MOON ET MIEL in respect of the Product in question. In all cases, the responsibility of EURL MES ANGES / MOON ET MIEL shall not be incurred if the non-performance or the poor performance of its contractual obligations is attributable, either to the Client, to a fact of a third party, or to a case of force majeure.
7.7. Customer service
EURL MES ANGES / MOON ET MIEL proposes on the Site different means of information and assistance to the attention of the Client. For any additional information or question, the Customer service is available to any Client by priority by email: contact@moonparisclothing.fr, or by telephone at 06 11 83 60 91 from Monday to Friday and from 9am to 18:30pm.
8. Intellectual Property
The whole Site (structure, presentation and content) constitutes a work protected by French and international legislation in force on copyright and, in general, on intellectual property. EURL MES ANGES / MOON ET MIEL owns, or is the beneficiary of the license rights of all the elements composing the Site, including texts, data, databases, drawings, models, graphics, photos, animations, sounds, including downloadable documents. All rights, including rights of exploitation, rights of reproduction and extraction on any medium, of all or part of the data, files and all elements appearing on the pages of the Site, as well as the rights of representation and reproduction of any or all of the Site itself, the rights of modification, adaptation or translation, are reserved exclusively to EURL MES ANGES / MOON ET MIEL, and to its possible beneficiaries and this, subject to the preexisting rights of third parties authorizing the digital reproduction and / or the integration of the Site, by EURL MES ANGES / MOON ET MIEL of their works of any nature whatsoever. Any reproduction, representation, dissemination or redistribution, in whole or in part, of the contents of the Site by any process whatsoever without the express prior authorization of DANS UN NUAGE is prohibited and constitutes an infringement punishable by articles L.335-2 and the Code of Intellectual Property. The reproduction of the texts and web pages of the Site on a paper medium remains authorized, subject to the following cumulative conditions: free distribution, respect for the integrity and purpose of the documents reproduced (neither modifications nor alterations) respect of the purpose of the Site in the use of this information and elements, clear and legible quote of the source with mention of the name of the Site, its Internet address and the rights of EURL MES ANGES / MOON ET MIEL. The trademarks, as well as the company names and logos appearing on the Site are protected. Any total or partial reproduction of these marks or logos without the express authorization of EURL MES ANGES / MOON ET MIEL or of his successors in title is therefore prohibited, within the meaning of Article L 713-2 of the Intellectual Property Code. The Customer shall also refrain from unlocking software or database protection codes or decrypting access keys when such software or databases are provided with an access or protection system relating to their object.
9. Litigation
9.1 Evidence
EURL MES ANGES / MOON ET MIEL may be used as evidence of any act, program, data, file, record, transaction and other material (such as follow-up reports or other statements) of a nature or in electronic format, kept directly or indirectly by EURL MES ANGES / MOON ET MIEL or by its technical service providers, for example in any database. As such, the recordings, kept by the computer system of EURL MES ANGES / MOON ET MIEL or its technical service providers, are expressly accepted as evidence of communications between the Parties, use of the Site and payments made between the Parties, and faith in case of dispute. The archiving of invoices is carried out on a reliable and durable support so as to correspond to a faithful and lasting copy.
9.2 Applicable law
These General Conditions of Sale and Use are governed exclusively by French law, to the exclusion of any other right or agreement, regardless of the place of use. This is true of substantive rules as well as of rules of form.
9.3 Attribution of jurisdiction
In the event of a dispute, the Parties shall endeavor to reach an amicable settlement. If no settlement is reached within two (2) months, EURL MES ANGES / MOON ET MIEL and the Client will defer to the competent courts of Paris, to which they expressly confer jurisdiction, including in case of multiple warranty, or incidental application, even for summary proceedings or on motion.
