GENERAL CONDITIONS OF SALE AND USE
Overview
Sur ce site, les termes « nous », « notre » et « nos » font référence à MODDOM. MODDOM propose ce site web https://moddom.fr, y compris toutes les informations, tous les outils et tous les services qui y sont disponibles pour vous, l’utilisateur, sous réserve de votre acceptation de l’ensemble des modalités, conditions, politiques et avis énoncés ici.
By visiting this site and/or purchasing a product from us, you engage in our "Service" and agree to be bound by the following terms and conditions (" Terms and conditions ", " terms and Conditions of Sale and Use ", " Terms "), including the terms, conditions, and additional policies referenced herein and/or available by hyperlink. These General Conditions of Sale and Use apply to all users of the site, including but not limited to, users who browse the site, who are vendors, customers, merchants, and/or contributors of content.
Please carefully read these General Conditions of Sale and of Use before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these terms and Conditions of Sale and Use. If you do not agree to all the terms and Conditions of this agreement, then you may not access the website or use the services offered there. If these terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Conditions of Sale and Use.
All the new features and all the new tools will be added later to this store will also be subject to these terms and Conditions of Sale and Use. You can review the most current version of the terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page regularly to check if changes have been made. Your continued use of the website or your access to it after the posting of any changes constitutes acceptance by you of these changes.
Our store is hosted on o2 switch (domain)
Headquarters : 22-224 Boulevard Gustave Flaubert – 63000 Clermont-Ferrand, France
Tel. +33 4 44 44 60 40
Web Site : www.o2switch.fr
ARTICLE 1 – CONDITIONS of USE OF OUR ONLINE SHOP
By agreeing to these Terms and conditions of Sale and Use, you declare that you have reached the age of majority in your country, State or province of residence and you have given us your consent to allow any minor in your care to use this web site.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the context of the use of the Service, violate any laws in your jurisdiction (including but not limited to laws relating to copyright).
You must not transmit worms, viruses or any other code of a destructive nature.
Any infringement or breach of these terms and Conditions of Sale and Use will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse at any time the access to the services to any person, for any reason whatsoever.
You understand that your content (excluding your credit card information), may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without express written permission by us in advance.
The headings used in this agreement are included for convenience and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or up to date. The contents of this site is provided for informational purposes only and should not be your only source of information to make decisions without first consulting sources of information more accurate, complete and up to date. If you decide to trust the content presented on this site, you do so at your own risk.
This site may contain certain historical information. These prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
For example, the information of sizes (size guide) product data on this website is for informational purposes only and cannot be considered contractual. As such, no refunds will be made if the actual measurements are different from those shown on the site, after the period of reimbursement as described in our return policy.
ARTICLE 4 – RATES
The prices listed on the products of the Website are the prices in Euros (€) taxes included.
The Site reserves the right to modify its prices at any time, it being understood, however, that the price listed in the catalog on the day of the order shall be applicable only to the buyer.
The prices indicated do not include delivery charges, which are charged in addition to the price of the products purchased according to the total amount of the order.
In metropolitan France for any order greater than or equal to 40€, the shipping costs are offered for orders of less than 40 euros, a package, the shipping costs will be charged to the buyer in the amount of 5 euros and include VAT.
We will not be liable to you or any other third party for any price change, suspension or discontinuance of the Service.
Before placing an order, the buyer must create an account on the Website. The topic of creation of an account is accessed directly from the menu bar to the side. At each visit, the buyer, if he wishes to order or view your account (order status, profile...), will identify with the help of these information. The Site offers to the buyer control and adjust its products in several stages, with 3 payment options :choice of
– Payment by bank transfer : the buyer selects the products they wish to order in the " basket ", modifies if necessary (quantities, references...), checks the delivery address or informs a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the mode of payment of his choice : "transfer Payment ". Finally, the last step, proposed to him to verify all the information, read and accept these terms and conditions by ticking the corresponding check box, and then invites him to validate his order by clicking on the button " Confirm my order ". This last click form the definitive conclusion of the contract. After validation, the buyer receives a purchase order confirming the registration of the order. In order to finalize his payment, and trigger the processing of the order, the buyer must contact the bank to make the payment corresponding to the amount of the order to the bank account of MODDOM, whose contact information is communicated to the buyer. Upon receipt of your payment, the order will be processed and the buyer will be informed by e-mail. MODDOM will ship the product earlier than 2 days after receipt of the payment corresponding to the order, subject to the provisions.
– Secure payment by Paypal or credit card (via PAYPAL) : the buyer selects the products they wish to order in the " basket ", modifies if necessary (quantities, references...), checks the delivery address or informs a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the mode of payment of his choice : "Payment by Paypal ". The next step proposed to him to verify all the information, read and accept these terms and conditions by ticking the corresponding check box, and then invites him to validate his order by clicking on the button " Confirm my order ". Finally, the buyer is redirected to the secure PAYPAL in order to fill in any security of its account credentials Paypal or credit card-personal. If the payment is accepted, the purchase is recorded and the contract definitively formed. Payment by Paypal or by card is irrevocable. In the case of fraudulent use thereof, the buyer may request the cancellation of the payment card, payments will then be redeposited or returned. The responsibility of the holder of a credit card is not committed if the disputed payment has been proved to be performed fraudulently, at a distance, without physical use of the card. To obtain the repayment of debit fraud and any bank charges that the merger could lead to the card holder must report, in writing, the withdrawal from his bank, within 70 days of the operation, or even 120 days if the contract binding it to the law. The amounts paid shall be reimbursed by the bank within a maximum period of one month after receipt of the written dispute, formed by the bearer. No fee refund amounts will be charged to the holder.
The confirmation of an order implies acceptance of these conditions of sale, the recognition of having perfect knowledge and waiver of its own conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an email address and if he has entered on the purchase order, MODDOM him will email confirmation of the registration of his order.
If the buyer wishes to contact the Responsible it may do so either by email at the following address : MODDOM 24 rue de la liberation, 88360 FERDRUPT ; or by email to the following address : bonjour@moddom.fr
ARTICLE 5 – RETENTION OF TITLE
The Website retains full and complete ownership of the products sold until full payment of the price, in principal, including all taxes and fees.
ARTICLE 6 – DELIVERY
We do our best to get you your order as soon as possible.
See the table below for the delivery time, we will offer you :
Standard delivery-to-home (packages followed, delivered without signature) :
- France, Belgium, Switzerland, Luxembourg : 7-14 working days
We use delivery services to our various suppliers and shipments may come from different continents, including Europe, North America and Asia.
These times are indicative and we cannot 100% guarantee, we strive to adhere to the maximum. However, if you have not received your order after 30 days (working days), please contact us at bonjour@moddom.fr
Note that the orders placed during the weekend or on a public holiday (official) will be processed the next business day. If we are not able to ship your goods during this period, we will inform you as soon as possible.
Once your order is shipped, we cannot change it (product, size, color, address).
The buyer is delivered to his home by his factor. In case of absence, the buyer will receive a notice of passage of his factor, which allows him to withdraw the ordered products at the Post office nearest to you, for a period specified by the postal service. The risks of transport are the responsibility of the purchaser from the moment the goods leave the supplier's premises. The buyer is responsible for verifying the presence of an employee of the Post office or The delivery man, the condition of the packaging of the goods and content delivery. In case of damage during transport, any protest must be made with the carrier within three days from the delivery.
ARTICLE 7 RETRACTATION
Under article L121-20 of the consumer Code, the buyer has a period of fourteen days from the delivery of their order, to exercise his right of withdrawal.
Our policy is 30 days from the date of purchase in order to make the return process as described below.
After these deadlines, we will unfortunately not make an exchange or refund.
To be eligible for a return, your item must be unused and in the same condition in which you received it. It must also be in the original packaging.
Items that cannot be returned: gift Cards
To make a return, you must present us with a receipt or proof of purchase.
Refunds (if applicable)
Once we have received and inspected the returned item, we will send you an e-mail for you to confirm that we have received. We will also notify you of our decision regarding the approval or rejection of your refund.
If your request is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or your original method of payment, within a period of 60 days following the receipt of your returned item.
Refunds late or missing (if applicable)
If you have not yet received your refund, please first check your bank account again.
Then, contact the issuer of your credit card, because there may be a delay before your refund is officially posted.
Next, contact your bank. There is often a processing time required before a refund is posted.
If after completing all these steps you still have not received your refund, please contact us at bonjour@moddom.fr
Exchanges (if applicable)
We replace an item only if it is faulty or damaged. If in this case you want to exchange it for the same item, send us an e-mail to bonjour@moddom.fr
Shipping
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are not refundable. The shipment must be carried out by Mondial Relay.
Depending on where you live, the time required to receive your exchanged product may vary.
If you are shipping an item with a value greater than £ 75, you should consider using a delivery service that allows you to track the shipment or take out insurance for the delivery. We do not guarantee that we will receive the item you return to us.
SECTION 8 – PRODUCTS
Certain products or services may be exclusively available online on our web site. These products or services may be available in limited quantities and can only be the subject of returns or exchanges in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our shop. We can not guarantee that the display of colors by your computer screen will be accurate.
We reserve the right, without, however, being obliged to do so, to limit the sales of our products or services to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and prices of products can be modified at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or any other merchandise you have obtained or purchased will meet your expectations, or that any errors in the Service will be corrected.
SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping. In the case where we change an order or if we cancel it, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide information of the order and account-to-date, complete, and accurate for all orders placed on our shop. You agree to promptly update your account and other information, including your email address, your credit card numbers and expiration dates, so that we could complete your transactions and contact you if necessary.
For more details, please refer to our Return Policy.
SECTION 10 – OPTIONAL TOOLS
We may provide you with access to tools of third parties on which we do not have or track, or control, or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or related to the use of these tools optional third-party.
If you use the optional tools offered on the site, you do so at your own risk and at your own discretion and you should consult the conditions under which these tools are offered by the third-party providers(s) concerned.
We may also, in the future, offer new services and/or new features on our site (including new tools and resources). Such new features and these new services will also be subject to these terms and Conditions of Sale and Use.
SECTION 11 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Links from third parties on this site may redirect you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites, and we do not guarantee and assume no liability for any content, website, product, service or other material available on or from these third-party sites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with such third-party web sites. Please read carefully the policies and practices of third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties must be submitted to these same third parties.
ARTICLE 12 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS From USERS
If, at our request, you submit specific content (for example, to participate in contests), or if without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, " comments "), you grant us the right, at any time, without restriction, edit, copy, publish, distribute, to translate and otherwise use in any media any comments you send to us. We do not and never will be under no obligation (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we deem, in our sole discretion are unlawful, offensive, threatening, abusive, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these General Conditions of Sale and Use.
You agree to write comments that do not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain any content that is unlawful, defamatory, offensive or obscene, and they will also not computer virus or other malware that could affect in any way the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you're not, or try to mislead us and/or third-parties as to the origin of your comments. You are entirely responsible for all comments you post as well as to their accuracy. We assume no liability and disclaim any commitment with respect to any and all comments that you post on or any other third party publishes.
ARTICLE 13 – PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
It could be that there is sometimes information on our site or in the Service that may contain typographical errors, inaccuracies, or omissions that may be related to product descriptions, pricing, promotions, offers, shipping costs of the products, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We shall not be obliged to update, amend or clarify information in the Service or on any other associated website, including but not limited to, pricing information, except if required by law. No date specified update or refresh in the Service or on any related website, should be taken into account to conclude that the information in the Service or on any related website has been modified or updated.
SECTION 15 – PROHIBITED USES
In addition to the prohibitions set forth in the General terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to encourage third parties to perform illegal actions or to take part in it; (c) to violate any order of the regional or any law, rule or regulation international, federal, provincial or state; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner which compromises the functionality or operation of the Service or of any related website independent, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phishing, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to undermine or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee nor claim to be in any case that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for periods of time indefinite or cancel the Service at any time, without prior notice.
You expressly agree that your use of the Service, or your inability to use thereof, is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without representation, without warranties and without conditions of any kind, express or implied, including all implied warranties of merchantability or of merchantable quality, merchantability, fitness for a particular purpose, durability, title, and non-infringement.
MODDOM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no case be held responsible for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any nature whatsoever, including, but not limited to, loss of profits, revenues, savings, data, replacement costs, or any similar damages, whether in contract, delinquent (even in the event of negligence), strict liability or otherwise, arising from your use of any service or product from this Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if you have been advised of the possibility that they arise. Because some States or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and protect MODDOM, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys ' fees, made by any third party due to or arising out of your breach of these terms and Conditions of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms and conditions of Sale and Use is deemed unlawful, void or unenforceable, such provision shall nonetheless be enforced to the full extent permitted by law, and the unenforceable shall be deemed severable from these Terms and conditions of Sale and Use, this dissociation, shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 19 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
These General Conditions of Sale and Use are effective unless and until they are terminated by or to you or not. You may terminate these Terms and conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine, in our sole discretion, that you fail, or we suspect that you have been unable to comply with the terms of these General Conditions of Sale and Use, we also may terminate this agreement at any time without notice to you in advance and you will remain liable for all amounts owed up to the date of termination (it being included), and/or we may deny you access to our Services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these Terms and conditions of Sale and Use should not constitute a waiver of such right or provision.
These General Conditions of Sale and Use or any other policy or rule of operation that we publish on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior communications, proposals and agreements, prior and contemporaneous, oral or written, between you and us (including, but not limited to, any prior versions of the terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these General terms and Conditions of Sale and Use shall not be construed against the party editor.
SECTION 21 – GOVERNING LAW
These General Conditions of Sale and Use, as well as any other separate agreement through which we provide you Services shall be governed by and construed in accordance with, the laws in force at MODDOM.
ARTICLE 22 – AMENDMENTS TO the GENERAL CONDITIONS OF SALE AND USE
You can review the most current version of the terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these terms and Conditions of Sale and Use by posting updates and changes to our website. It is your responsibility to visit our site regularly to check if changes have been made. Your continued use of or access to our website following the posting of any changes to these terms and Conditions of Sale and Use constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
Questions regarding General Conditions of Sale and Use should be sent to us at bonjour@moddom.fr.
