logo

Terms of Sales

Last update: 01/10/2021

 

ARTICLE 1 – PARTIES

The purpose of these General Conditions of Sale (hereinafter the “CGV”) is to define the conditions of sale of items available for purchase on the website “mooood-preprod.fr/maison-valencourt/”.

The website “mooood-preprod.fr/maison-valencourt/” is offered by the limited liability company “MAISON VALENCOURT”, registered under number TAHITI B73770 (hereinafter the “seller”).

Contact details of SARL MAISON VALENCOURT:

By creating a user account and using the aforementioned website, the buyer agrees to comply with these T&Cs.

 

ARTICLE 2 – CONTENT AND SCOPE

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website “mooood-preprod.fr/maison-valencourt/ ". They are available on this website and will prevail, where applicable, over any other version or any other contradictory document.

 These purchases concern products available on the following site “mooood-preprod.fr/maison-valencourt/”. These may include items of jewelry, necklaces, earrings, bracelets, rings, body jewelry.

 They apply to the exclusion of all other conditions, and in particular those applicable to sales on the Internet or through other distribution and marketing channels.

 The sale is deemed concluded on the date of acceptance of the order or immediate purchase by the seller. Prior to this date, these conditions of sale are made available to any buyer for information purposes.

 Any order or immediate purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the seller.

 The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

 If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in French Polynesia.

 The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this respect, they are enforceable against it in accordance with the terms of Article 1119 of the Civil Code.

 These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

 

ARTICLE 3 – PRE-CONTRACTUAL INFORMATION

The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale.

 The following information is transmitted to the buyer in a clear and understandable manner:

 

  • information relating to the activities and identity of the seller, in particular its corporate name, the geographical address of its registered office, its postal, telephone and electronic contact details;
  • the essential characteristics of the goods available for purchase;
  • the price of goods available for purchase, terms of payment and delivery;
  • transport, delivery or postage costs and any other costs;
  • the date or the deadline on which the service provider undertakes to deliver the goods or to perform the service;
  • information relating to guarantees and their implementation methods;
  • the procedures provided by the seller for the processing of complaints;
  • the terms of termination of the sales contract.

 The products governed by these terms and conditions are those which are available for purchase on the seller's website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.

 The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. The photographs of the products are not contractual.

  

ARTICLE 4 – ORDER

4.1 Definition of the command

 By order we mean any order, placed by a buyer, relating to the products offered for purchase by the seller, appearing on the website “mooood-preprod.fr/maison-valencourt/”, within the limits of available stocks. .

 

4.2 Validity of the order

To be valid, any order must appear in the purchase history made by the buyer, available on the website “mooood-preprod.fr/maison-valencourt/”. If an ordered product is unavailable, the buyer will be informed by email.

 For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

 The sale will be considered as definitive after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail and after receipt by the seller of the full price.

 The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement concerning the payment of the sums due under the order form and the express acceptance of all the operations carried out in connection with the order.

 In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the seller by email at the address “contact@maisonvalencourt.com” or by phone at +689 87 74 25 29.

 The buyer receives by email the confirmation of his order, containing a summary of the products purchased, their price and the delivery costs.

 

4.3 Follow-up and dispute of the order

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

 In some cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

 In the event of cancellation concerning one or more items of an order, their possible refund will then be made, the rest of the order remaining firm and definitive.

 For any question relating to the follow-up of an order, the buyer must contact the seller by email at the address “contact@maisonvalencourt.com” or by phone at +689 87 74 25 29.

 

ARTICLE 5 – PRICE AND PAYMENT

5.1 Price

Prices are firm and final. Except for specific specific conditions specific to the sale, the prices of the products sold are those appearing in the price catalog on the day of the order.

 The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.

Selling prices are expressed in Pacific Francs (XPF) and all transactions are invoiced in Pacific Francs (XPF).

 These prices in Pacific francs (XPF) are inclusive of all taxes. For shipments outside French Polynesia, it is up to the buyer to pay the applicable taxes depending on the geographical location of the place of receipt of the order. The seller can in no way be held responsible for paying fees, customs duties and taxes on orders placed by the buyer.

 Prices can be displayed in CFP Francs (XPF), Euros (EUR), US Dollars (USD), Australian Dollars (AUD) and British Pounds (GBP). The prices of the products do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The conversion is done automatically and does not involve any additional costs for the buyer. The currency converter does not display the decimal price development and reduces the number to the nearest integer.

 Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.

 The price is payable in full and in a single payment, when placing the order. Payment can be made by credit card directly on the website, or by check or cash for orders to be delivered to Tahiti and Moorea, in French Polynesia.


5.2 Payment

If the buyer wishes to order a product from the seller, payment will be necessary. Except for other terms expressly provided for in the special conditions, payment of the price is made in cash when ordering. No order can be taken into account in the absence of full payment by this date.

 To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's website. Payment of the price is made in cash when ordering.

 The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .

 As part of this verification, the buyer may be asked to send the seller a copy of an identity document and proof of address by fax. The order will then only be validated after receipt and verification by the seller of the documents sent.

 Payments made by the buyer will only be considered final after effective collection of the sums due by the seller.

 

ARTICLE 6 – DELIVERY

6.1 Terms of delivery

 Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the site, orders are sent by post within 48 hours following confirmation of the order, within the limits of available stocks. Shipping is by registered mail with acknowledgment of receipt. A tracking number is provided in order to be able to follow the delivery of the order.

 Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller's bank.

The products ordered are delivered according to the following terms:

Worldwide delivery: 1,200 CFP francs – from 15 to 31 days 

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense.

 If the buyer is absent on the day of delivery, the deliverer will leave a notice in the mailbox, which will allow the package to be collected from the place and during the period indicated.

 If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site legal.

 If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).


6.2 Delivery errors

The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected.

The complaint may be made, at the choice of the buyer:

Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.

 In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommandé, to the following address: MAISON VALENCOURT, BP 21373 Papeete, Tahiti 98713, French Polynesia. The buyer will need to provide a delivery tracking number.

 Return costs are the responsibility of the buyer.


ARTICLE 7 – RESOLUTION

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, enjoin the seller to perform it within a reasonable additional period. In the absence of execution at the end of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the seller has performed in the meantime. When the contract is resolved, the seller is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated.

 The professional may defer reimbursement until the goods are recovered or until the consumer has provided proof of the dispatch of these goods, the date chosen being that of the first of these events.

 In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will be refunded the sums paid within 30 days at the latest of their payment.

 

ARTICLE 8 – TRANSFER OF RISKS

Ownership of the item sold is transferred to the buyer as soon as the parties agree on the item and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the expense of the buyer, upon acceptance of the order form by the seller.

 Delivery is deemed to have been made upon delivery of the products ordered by the seller to the carrier.

 Under these conditions, the buyer therefore has no warranty claim against the seller in the event of non-delivery of the goods transported.

 

ARTICLE 9 – GUARANTEES

MAISON VALENCOURT is the guarantor of the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity or the guarantee of defects of the thing sold within the meaning of articles 1641 and following of the Civil Code.

 

9.1 Legal guarantee of conformity

The legal guarantee of conformity is the guarantee that a consumer can claim against any product failures.

To be covered by the legal guarantee of conformity, the product defect must be discovered within two years of receipt of the product.

 If the product was given to the buyer less than six months after receipt of the product, the seller must obligatorily take charge of the product under the legal guarantee of conformity, unless:

  • the problem does not constitute a defect as such, rendering the good unsuitable for its use or not conforming to its description,
  • the buyer was aware of the defect at the time of purchase,
  • the defect results from an action of the buyer or from misuse of the product.

 

If the defect appears more than six months after receipt of the product, it is up to the buyer to provide proof that the defect existed at the time of delivery of the goods, to obtain coverage under warranty.

 In principle, at the end of this six-month period, the repairs of the purchased property are the responsibility of the buyer.

 In case of implementation of the legal guarantee of conformity, the buyer can choose between the repair or the replacement of the good.

 

9.2 Warranty against hidden defects

The buyer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between rescinding the sale or reducing the price in accordance with article 1644 of the civil code.


ARTICLE 10 – RIGHT OF WITHDRAWAL

The buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, except for return costs. which remain the responsibility of the buyer.

 The products must however be returned in their original packaging and in perfect condition within 7 days of notifying the seller of the buyer's decision to withdraw.

 Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not taken back.

 The right of withdrawal can be exercised online by sending an email to the address contact@maisonvalencourt.com. In this case, an acknowledgment of receipt will be communicated to the buyer, by email.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed.

 Return costs are the responsibility of the buyer. This must provide a delivery tracking number.

 The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.


ARTICLE 11 – FORCE MAJEURE

All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.

 The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

 Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

 The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.


ARTICLE 12 – PARTIAL NON-VALIDATION

If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.


ARTICLE 13 – NON-WAIVER

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

  

ARTICLE 14 – INTELLECTUAL PROPERTY

All website content mooood-preprod.fr/maison-valencourt/ (including all texts, logos, photographs, images) are the property of the seller and are therefore protected by the provisions of the intellectual property code.

 Buyers agree not to make any use of this content and not to allow anyone else to use this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

 

Article 15 – IT AND FREEDOMS

When creating the user's account, the personal data collected on the site are his name, first name and email address.

 The website allows you to fill in a profile, which may include an address and a telephone number.

 The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.

 They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

 The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the website “mooood-preprod.fr/maison-valencourt/”.

 In application of the regulations applicable to personal data, users have the following rights:

 

  • they can update or delete the data concerning them by logging into their account and configuring the parameters of this account;
  • they can delete their account, by writing to the following email address: contact@maisonvalencourt.com ;
  • they can exercise their right of access, to know the personal data concerning them, by writing to the following email address: contact@maisonvalencourt.com. In this case, before the implementation of this right, the seller may request proof of the user's identity in order to verify its accuracy;
  • if the personal data held by the Platform is inaccurate, they may request that the information be updated, by writing to the following email address: contact@maisonvalencourt.com ;
  • users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: contact@maisonvalencourt.com.

 

The seller implements organizational, technical, software and physical digital security measures to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the Internet is not a completely secure environment, the seller cannot guarantee the security of the transmission or storage of information on the Internet.

 

ARTICLE 16 – LANGUAGE OF THE CONTRACT

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

 

ARTICLE 17 – APPLICABLE LAW AND COMPETENT JURISDICTION

These general conditions are subject to the law applicable in French Polynesia. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

 All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which would not have could be resolved amicably between the seller and the customer, will be submitted to the competent courts under the conditions of common law.

For the definition of the competent jurisdiction, the seller elects domicile in Papeete, in French Polynesia.

Change currency

CONTACT US

a question ? We are listening to you