Terms of Sales
Website :
https://mouratogloushop.com
Updated March 7, 2024
1. APPLICATION OF THE GENERAL CONDITIONS OF SALES
These general conditions of sale govern, without restriction or reservation, all sales of products concluded on the merchant website available at the following URL address: https://mouratogloushop.com between the company Break Point Em Sophia (hereinafter " BP", simplified joint stock company with a single shareholder with capital of €5,000, registered in the Antibes Trade and Companies Register under number 822 221 495, with its head office at 3550 Route des Dolines, 06410 Biot, telephone 04 92 38 01 44, email address contact@mouratogloushop.com, VAT FR FR87822221495 and any consumer within the meaning given by French law and case law.
These General Terms and Conditions are written in French. The language of the General Terms and Conditions depends on the country hosting the Site in which the Customer orders the Products.
1.2. Acceptance of the T&Cs: These T&Cs are accessible by the Customer and more generally to any Internet user directly by clicking on the “ General Conditions of Sale ” link on all pages of the Site. Any order or pre-order placed by the Customer is conditional on consultation and prior and unreserved acceptance of the General Terms and Conditions by the Customer by checking the box “By checking this box, I accept the general conditions of sale” . The order or pre-order of Products by the Customer therefore implies the latter's full and unreserved acceptance of the General Terms and Conditions. No special conditions can prevail over these General Terms and Conditions.
1.3. Modification of the T&Cs: Break Point Em Sophia reserves the right to adapt or modify these T&Cs unilaterally at any time and without notice. The version of the General Terms and Conditions applicable to sales of Products is that in force on the date the order or pre-order of Products is placed by the Customer.
2. PRODUCT DESCRIPTION
BP offers the Customer the opportunity to purchase clothing, bags and sports accessories from the brands it distributes. BP undertakes to provide the Customer with the Products in accordance with the offers as presented on the Site and accepted by the Customer.
BP reserves the right to change the Products offered for sale on the Site at any time and without notice, without this affecting orders or pre-orders already placed.
3. PRODUCT PRICES
The prices of the Products invoiced are those appearing on the Site at the time of validation of the order or pre-order by the Customer. Prices are indicated in euros, all taxes included (TTC). The prices of the Products do not constitute offers likely to bind BP beyond the date on which the order or pre-order was placed. MM reserves the right to modify its prices at any time and without notice.
4. ORDERS, PRE-ORDERS AND PAYMENT FOR PRODUCTS
4.1. Majority : The Customer who places an order or pre-order on the Site must be an adult or emancipated natural person, and have legal capacity. The order or pre-order can be placed by the Customer in his own name and on his behalf, in the name and on behalf of an adult third party or a minor third party with the agreement of his legal representatives.
4.2. Consumer : The Customer who places an order or pre-order on the Site can only act for strictly personal purposes and unrelated to any commercial activity, thus excluding all resellers or all intermediaries acting in the name and on behalf of resellers. Consequently, the Customer confirms that he is acting as a consumer and that he does not intend to resell the Products for commercial purposes.
4.3. Placing an order and pre-ordering online : To order a Product, the Customer must choose a Product directly on the home page of the Site or in the different tabs accessible via the drop-down menu. The Customer may select Products that are currently in stock or decide to pre-order Products. Pre-orders allow the Customer to order a selection of Products before their commercial launch or marketing.
The Customer selects a Product currently in stock by clicking on “ Add to cart ”. When placing an order, the Customer is informed of the availability of the Products or in the event of temporary unavailability, of the possibility of pre-ordering them with a view to subsequent delivery within times specified on this occasion. The Products available for pre-order are clearly defined and identified on the Site by the words “ Pre-order ” instead of the words “ Add to cart ”.
The Customer must confirm his choice in the “Basket” tab by clicking on “ Order ” (1st click) and is invited to either (i) create his user account (hereinafter “ User Account ”) by providing the following information: email address, last name, first name, password, telephone number, nationality, date of birth or (ii) enter their email address and password to access their User Account that they have previously created via the “My Account” tab on the home page of the Site.
The Customer must then fill in information regarding the delivery method and delivery location, as well as the payment method and billing address. Then, the Customer is redirected to another page on which he is invited to enter his bank details. To validate their order or pre-order and proceed to payment of the price of the Product, the Customer must click on “ VALIDATE AND PAY ” (2nd click).
The Customer must carefully check the accuracy of his selection before confirming his order or pre-order. By clicking on “ VALIDATE AND PAY ”, the Customer places an order or a firm pre-order for the Products placed in the basket.
4.4. User Account: The Customer will have a User Account on the Site allowing him to order the Products available on the Site or to pre-order. The User Account can be accessed by inserting their email address and the password that the Customer has chosen.
4.5. Price of the Products: The Products are indicated in euros and are inclusive of all taxes, excluding delivery costs, the latter being displayed separately before the order or pre-order is placed.
Without prejudice to orders or pre-orders already placed by the Customer, BP reserves the right to modify the prices of the Products at any time and without notice.
4.6. Payment for Products : The Products are payable in euros, cash at the time of the order or pre-order.
Payment for Products can be made by Visa, Master Card, American Express or Paypal via the secure Shopify payment interface, in order to protect all data linked to payment methods as effectively as possible. Any guarantee as to the security of this system is entirely the responsibility of the secure interface and cannot be attributed to BP. At no time will the Customer's banking data be transmitted to a third party. The Customer expressly acknowledges that the communication of his bank card number on the secure payment interface constitutes authorization to debit his bank account up to the price invoiced.
5. CONFIRMATION – MODIFICATION AND CANCELLATION OF ORDER OR PRE-ORDER
5.1. Order or pre-order confirmation: Following payment made by the Customer on the Site, BP will send the Customer an order confirmation email summarizing the Products ordered, the price of the Products, BP's contact details, including the general conditions of sale applicable at the time of sale.
5.2. Modification of the order or pre-order by the Customer: No modification of the order is accepted by BP, unless agreed by the latter on a case-by-case basis.
5.3. Cancellation of the order or pre-order by BP: In the event of refusal of authorization for payment by credit card reported by the Customer's banking establishment or any other payment incident, the order for Products will be canceled by BP, unless which the Customer immediately sends to BP another means of payment accepted by the latter.
BP will also be entitled to cancel an order that is (i) fraudulent or abnormal, (ii) placed by a Customer with whom there is a dispute relating to the payment or delivery of a previous order or pre-order, or (iii) non-compliant. to these General Terms and Conditions. In this case, BP will inform the Customer either directly on the Site or by email.
Orders will be honored within the limits of Product availability. If, despite BP's vigilance, the Products ordered are no longer available, the Customer will be informed as soon as possible by email to the email address indicated by the Customer when placing their order on the Site, their order will be canceled and the Customer will be refunded. The Customer may choose another Product or cancel their order and be reimbursed as soon as possible.
6. DELIVERY OF PRODUCTS
6.1. Delivery method: When ordering or pre-ordering, the Customer can choose to be delivered (i) directly to the address indicated by them or (ii) to a relay point.
6.2. Country of delivery: Delivery of the Products is available in the countries indicated on the Site at the time of choice of delivery.
6.3. Delivery times: Delivery of the Products will take place, subject to full payment of the price, either:
For Products ordered and in stock: within the deadlines indicated on the Site which begin upon receipt of the order confirmation email. In the absence of any mention on the Site, BP will deliver the Products without undue delay and no later than 30 days after the order;
For pre-ordered Products: within the deadlines estimated on the Site, it being understood that these deadlines are indicative insofar as the Products are not in stock.
In the event of a shipping or delivery delay known to BP, an information email will be sent to the Customer as soon as possible and a new shipping or delivery date will be proposed. At the same time, the Customer is strongly advised to report any delay in delivery to BP as soon as possible by mail or email using the contact details given in Article 13 below. BP will then carry out an investigation with the carrier concerned in order to locate the package. In any event, the Customer will have the right to cancel the order or pre-order if delivery has not taken place on the date initially indicated to him and provided that the delay does not result from the fault of the Customer (incorrect delivery information provided by the Customer at the time of the order or pre-order). In such a case, BP will reimburse the sums paid by the Customer for the order or pre-order, at the latest within 14 days following the date on which the order or pre-order was cancelled.
6.4. Delivery costs: Delivery costs are indicated on the Site at the time of placing the order or pre-order and are to be paid by the Customer in addition to the price of the Products.
6.5. Receipt: Each delivery is deemed to have been made as soon as the Products are made available by the carrier to the Customer or to a third party designated by him, materialized by the control system used by the carrier. No dispute relating to the delivery itself will be possible if the package appears to have been delivered, the carrier's computer system being taken as proof.
The Customer is required to check the condition of the packaging as well as the Products upon delivery and to ensure that the delivery corresponds to the order or pre-order.
It is up to the Customer to express the reservations and complaints that he considers necessary, or even to refuse the package, when the package is opened or obviously damaged upon delivery. In the event that the package is damaged on delivery, the Customer must check in the presence of the carrier the condition of the Products before signing the delivery note and indicate precisely on the carrier's delivery note any reservations in the event of missing Products or damaged.
If this is not possible, the Customer is invited to express reservations regarding the condition of the goods by indicating on the delivery note "subject to verification of the goods given the poor condition of the package" and describing the damage.
7. DEADLINE AND WITHDRAWAL PROCEDURE
In accordance with article L. 221-18 of the Consumer Code, the Customer has a period of 14 days from the day of receipt of the package containing the Products ordered, to exercise his legal right of withdrawal without having to give reasons. her decision.
In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating to the supply of goods made at the Customer's request, which have been unsealed after delivery or which are not may be returned for hygiene reasons.
The Customer exercising his right of withdrawal under the conditions provided for in this article in terms of time and terms of return of the Products, will be able to obtain a refund of the returned Products as well as the delivery costs (according to the least expensive delivery method), in accordance with article L. 221-24 of the Consumer Code. As delivery costs are fixed, they will only be reimbursed in the event that all of the Products covered by the Order are returned.
It is specified that the Customer must bear the return costs if he decides to exercise his right of withdrawal.
The Customer must, prior to any return of ordered Products, notify BP of his intention to withdraw in order to receive a label for returning the Products.
To do this, the Customer must log in to their User Account and select the Products to return by pressing “ Details ” in the “My Orders ” tab of their User Account. After selecting the Products to return and completing the form, the Customer will receive an email to confirm the possibility of returning their items and print the return label.
The return label will then also be available and printable by clicking on “ Print ” in the “ Product Returns ” tab available on your User Account.
A withdrawal form, available in the appendix to these General Terms and Conditions, is also available for any withdrawal request.
The Products must be returned in their original packaging, complete and new within 14 days from the date on which the Customer informed BP of their intention to withdraw, accompanied by their order number and their full identity, by mail or email to the contact details given in Article 13 below. Returns of products returned after this deadline will not be accepted.
If the Customer withdraws, BP will reimburse the price of the returned Products, including delivery costs (except additional costs resulting from the Customer's choice to use a type of delivery other than the standard delivery offered), within a reasonable time. and, in any event, no later than 14 days following the date on which BP received the returned Products or from the date on which the Customer provided BP with proof of shipment, whichever date is that of the first of these events.
BP will make this reimbursement using the same means of payment as that which was used by the Customer for the initial transaction. In any event, the Customer will not bear any costs as a result of this reimbursement.
8. GUARANTEES
The Customer benefits from legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force.
Please note that as part of the legal guarantee of conformity, the Customer:
benefits from a period of two years from the delivery of the property to take action;
the right to bring the goods into conformity by repair or replacement or, failing that, reduction of the price or termination of the contract, under the conditions set out in the Consumer Code;
is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
The legal guarantee of conformity applies independently of the commercial guarantee which may potentially cover the goods.
It is recalled that the consumer can decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
9. RESPONSIBILITY
The photographs, graphics and descriptions of the Products offered for sale are only indicative and do not bind BP in any way. The Customer has the possibility of obtaining additional information by contacting customer service or from the Mouratoglou Pro Shop. While every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to technical limitations in color rendering on your computer equipment. Consequently, BP cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site.
BP only has an obligation of means for all stages of access and ordering on the Site. BP's liability is expressly excluded, which the Customer acknowledges, for any inconvenience or damage inherent in the use of the Internet network.
BP's liability is expressly excluded, which the Customer acknowledges, in the event of (i) improper use of the Products or non-compliance with the recommendations for use, (ii) indirect, consequential or immaterial damage resulting from the use of the Products, or (iii) in the event of force majeure within the meaning of article 1218 of the Civil Code and current case law.
12. PROTECTION OF PERSONAL DATA
The purchase of Products by the Customer as well as the supply thereof by BP involve the processing of personal data.
11. DISPUTE RESOLUTION AND APPLICABLE LAW
12.1. Amicable Solution: In the event of a dispute relating to the conclusion, validity, interpretation, execution, non-execution or termination of sales concluded in application of these General Terms and Conditions, the Customer and BP must attempt to find an amicable solution before any legal action or recourse to mediation, it being specified that this approach does not interrupt the time limit for taking action. To do this, the Customer can contact BP using the address available in Article 13 of the General Terms and Conditions. If the Customer does not consider BP's final response to be satisfactory, the Customer has the option of submitting a request for amicable resolution through mediation, within a period of less than one year from his written complaint to BP, for all consumer disputes linked to the Order, to SAS Médiation Solution which has been appointed consumer mediator. To contact the mediator, the Customer must make their request either:
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In writing: SAS Médiation Solution, 222 chemin de la bergerie, 01800 Saint Jean de Niost. If you have any questions, the telephone number is: 04 82 53 93 06 .
By email: contact@sasmediationsolution-conso.fr
By completing the online form “Contact the mediator” accessible on the mediator’s website.
The conditions and documents to be provided to access this mediation are indicated on the mediator's website.
Furthermore, the European Commission provides a platform for extrajudicial online dispute resolution (OS platform), accessible at https://ec.europa.eu/consumers/odr .
12.2. Applicable law and attribution of jurisdiction: All provisions appearing in the General Terms and Conditions, as well as all purchase and sale operations referred to therein, will be subject to French law and the competent courts in the absence of amicable agreement. This choice of law has no impact on the Customer's right to benefit from applicable consumer protection regulations in the Customer's country of residence.
13. CONTACT BP
The Customer can obtain information or ask questions to customer service by:
telephone at the following number: +33492380144
email to the following address: contact@mouratogloushop.com , or
postal mail to the following address: Mouratoglou Pro Shop, 3550 route des Dolines, 06410, Biot.
