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Terms and conditions of sale
10th version in effect from January the 3rd, 2014
Clause 1: Background
These terms and conditions of sale define the respective rights and obligations of MBB PARTNERS and the customer in relation to products offered by MBB PARTNERS on their website www.emoi-emoi.com (hereafter to be revised to as, “the Website”). They apply exclusively between MBB PARTNERS, company registered as a French SAS with a share capital of 58.090 Euros, registered number 519 833 966 RCS PARIS, whose registered office is situated at 6 rue Debelleyme 75003 Paris, France (hereafter, “MBB”), and any individual consumer intending to purchase or purchasing a product through the Website (hereafter, “the Customer”).
On the Website, MBB enables the Customer to order online maternity and nursing wear, lingerie, accessories and skincare (thereafter, “the Product(s)”) in accordance with these terms and conditions.
Any order made from MBB triggers the unconditional acceptance by the Customer of these conditions. These general conditions of sale can be amended at any time without notice by MBB, the applicable conditions being those in force at the time of the order made by the Customer.
The general conditions of sale are accessible at all times through the following link:
http://en.emoi-emoi.com/terms-and-conditions.html in an electronic format suitable for printing and/or downloading, so that the Customer can reproduce or save them.
Clause 2: Products and conformity
2.1 The Products on sale are offered on MBB’s website and are accompanied by a description.
2.2 The Products offered by MBB are in conformation to the applicable regulations/legislation in France and Europe.
The Client has for every Product a description including all essential characteristics of the concerned Product. All elements such as photographs, textual information and graphics together with all information and characteristics illustration and/or accompanying the Products are not contractual and the Customer hereby acknowledges this.
Clause 3: Customer obligations
3.1 The Customer shall be at least eighteen years old and shall be legally able or holder of parental authorization allowing him or her to make an order on the Website.
3.2 The Customer shall provide MBB with accurate information as required for the carrying out of MBB’s obligations under these conditions and as requested online and according to his position, and in particular his exact surname, first name, address, telephone number and email address.
The Customer is responsible for any consequences resulting from any false or inaccurate information or the use of which is illegal.
3.3 Once an order is made, MBB will send an email to the Customer to confirm that order. MBB shall also inform the Customer when the order has been dispatched.
3.4 The Customer can modify the information he has provided in the tab “My Account”.
Clause 4: Price, availability and delivery
4.1 Prices posted on the Website are in Euros inclusive of all applicable French taxes (French rate of VAT and any other taxes which may be applicable), exclusive of any delivery charge, contribution to the cost of processing any order and packaging costs.
The delivery charge and the contribution to the processing and packaging costs shall be indicated in the Customer’s shopping basket, before the Customer makes final confirmation of his order. The Products delivered to countries outside of the European Union shall not be subject to VAT.
The prices may be amended at all times, in particular to allow for sales and special discounts. The cost of any communication resulting from entering into and/or the execution of these terms and conditions shall be borne by the Customer.
4.2 MBB will remain entitled to cancel or refuse an order in the event of any dispute with the Customer relating to an order previously made.
4.3 MBB can accept orders up to the limit of available stocks. They shall inform the Customer of the availability of the Products sold on the Website at the time of confirmation of the order.
If however, despite MBB’s due care, the Products are no longer available, MBB shall inform the Customer of this by email as soon as reasonably possible. MBB shall not bear any responsibility for the unavailability of Products, whether temporary or permanent, nor shall it entitle the Customer to any compensation or damages.
In the event of a Product being temporarily unavailable, MBB shall inform the Customer of the new timeline provided by the suppliers and/or manufacturers of the relevant Product. The Customer shall also be able to sign up for an email alert in order to receive an email once the Product becomes available again. MBB shall be entitled to offer the Customer a replacement item of equivalent price and quality. In such circumstances, the cost of returning the Product subsequent to the exercise of the right of withdrawal shall be borne by MBB. In the event that MBB shall not be able to provide the Customer with an item of equivalent price and quality or if the Customer does not wish to receive the item of equivalent price and quality, he/she shall be entitled to cancel the order.
In the event of a Product becoming permanently unavailable, and should MBB not be able to provide the Customer with an item of equivalent price and quality, the Customer’s order shall be cancelled automatically.
4.4 In order to purchase a Product, the Customer can right-click on its graphic representation. That product will then be added to the Customer’s shopping basket already containing, where applicable, those other items which the Customer wishes to purchase and previously added to the shopping basket. The Customer hereby declares that he holds all necessary authorizations to use the method of payment when he confirms the order. He shall also ensure his solvency before the making of any order, without which MBB shall be prevented from proceeding with the delivery of the Products ordered. In the event the Customer is lacking funds, MBB shall be entitled to suspend or cancel any order or delivery for non-payment or cancellation of payment by the Customer.
4.5 MBB delivers its Products to Metropolitan France, including Corsica, as well as to Monaco, Guadeloupe, Martinique, Reunion Island, Mayotta Island, French Guiana, French Polynesia, Saint-Pierre and Miquelon, New Caledonia, Germany, Australia, Austria, Belgium, Canada, China, Cyprus, Denmark, Estonia, Finland, Italy, Ireland, Iceland, Israel, Japan, Laos, Luxembourg, Malta, Mexico, the Netherlands, Norway, New Zealand, Portugal, Singapore,Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, Thailand, the United Kingdom and the United States.
The Products are dispatched with the delivery note, to the delivery address specified by the Customer at the time of the order. The delivery cannot be made to hotels or PO Boxes.
The timing for delivery is specified on the Website on the following page: http://en.emoi-emoi.com/our-guarantees.html#delivery
In order for this timing to be respected, the Customer must ensure that he has provided accurate and complete information relating to his address for delivery (such as, in particular: the road number, building number, accurate stairwell, access codes, names and/or numbers for the intercom, etc.). MBB shall not be responsible for the consequences of any delay if he can bring the proof that this delay is due to the Client, or to third parties, or to Force Majeure. In the event of any damaged package (already open, missing products…), the Customer shall notify MBB, by any means, of any query as soon as possible and in any event no later than three (3) days following the receipt of the product.
Clause 5: Payment
Payment is secured. MBB shall never be in possession of the Customers’ bank details. Payment can be made by bank card (via Cybermut, the monetary solution offered by Crédit Mutuel) or by cheque for Metropolitan France only.
To pay by cheque (for Mainland France only), the Customer shall send his/her cheque to the following address:
MBB Partners - Customer care émoi émoi – 6 rue Debelleyme 75003 Paris, France
MBB shall be able to confirm or dispatch the order only on receipt of the cheque.
The cards issued by banks domiciled outside of France must automatically be international bank cards. MBB shall be entitled to cancel any order if the Customer’s IP address is located in a country other than that of the billing and/or delivery address. Where payment is made by bank card, the amount of the order shall be debited at the time of the order made on the Website. The order is paid for in its entirety in one transaction. The simple fact of providing the bank’s card number shall carry authorization to debit the Customer’s account to the amount of the order.
Clause 6: Tariffs and Customs Duties
All orders made on the Website and delivered outside of France shall be subject to any applicable taxes and customs duties due when the package reaches its destination. Any such customs duties and taxes relating to the delivery of a Product shall be owed by the Customer, who shall be solely responsible for their payment. MBB shall not be responsible for checking and informing the Customer of the customs duties and applicable taxes. To find out, MBB recommends that the Customer contact the relevant competent authority in his country.
Clause 7: Return and Exchange Policy – Cancellation Rights
Within ten (10) days from the receipt of the order, the Customer shall have the right to return or exchange the Product(s).
To do so, the Customer shall first request an exchange or return via the website, or by e-mail or telephone. Should the request for a return be approved by MBB, MBB shall then send an e-mail explaining the return and exchange procedure.
The Product must be returned in one week time, in its original packaging and condition, new, unworn, and unwashed, and together with the invoice (or a copy), sent with order tracking to the following address:
ADS NORMANDIE 2
Côte du Boulay Morin
Any return or exchange is at the Customer’s own risk. MBB recommends the Customer to return its products with registered delivery or insurance to the commercial value of the products, guaranteeing him, if necessary, the compensation for the products matching their real commercial value in the event of damage or loss of these goods. In all cases, the return is carried out at the Customer's own risk. It will be up to the customer to preserve any proof of return. Return transport fees are paid by the Customer.
If the returned Product has not been returned by the Customer within one week after reception of the return authorization, the return request is considered annulled and the Customer has to keep the product.
If the return is due to MBB's fault (default, wrong product sent...), MBB should reimburse return transport fees. The Customer should send the invoice of Transport fees to MBB in order to be reimbursed.
The returned Product shall be reimbursed or exchanged within fifteen (15) days from its receipt by MBB. The reimbursement does not include return fees. If the Customer chooses to receive a refund, the Customer’s bank account will be credited with the amount of the purchase price via the payment method the Customer used when placing the order: via card, paypal or cheque. If the Customer chooses to receive a voucher, MBB will send the voucher with the value of the purchase price of the returned product via e-mail. If the Customer chooses for an exchange, MBB will ship the article (MBB will take charge of the shipping costs of the exchange). Exchanges only apply to products of the same reference for another size.
If the Customer fails to comply with the above return and exchange policy, MBB shall not refund the Products concerned.
Any personalized Products shall neither be returned nor exchanged.
Cosmetics cannot be returned or exchanged if the product is not in perfect condition of resale. The packaging cannot be damaged and the Product cannot be used nor opened.
Clause 8: Gift Certificates
Customers can also purchase gift certificates on MBB’s website. The Customer shall purchase gift certificates online by bank card through the Crédit Mutuel’s online payment system Cybermut. If the Customer’s purchase is limited to gift certificates only, delivery shall be made free of charge.
Gift certificates are shipped by MBB via the services offered by the French postal service ‘La Poste’, to the recipients and at the addresses specified by the Customer.
The gift certificate shall remain valid for a period of nine (9) months from the date the order is made by the Customer. The amount on the gift certificate must be used on a single order. Should the amount on the gift certificate exceed the amount of the order, the remaining amount on the gift certificate shall not be recoverable.
Any person making use of a gift certificate must also bear the cost of delivery relating to that order (unless it falls within a “Free delivery” promotion).
Clause 9: Wishlist
MBB also offers Customers the possibility of creating a wishlist by selecting a choice of online Products. The Customer who creates a wishlist can consult and modify this list at any time on “My Account”.
Clause 10: Newsletters
Any person registered on the Website can subscribe to MBB’s newsletters. Any such subscriber shall receive on average one email a week and can at any time unsubscribe through the link to that effect which appears on the newsletter or by sending an email to the following address: email@example.com.
Clause 11: Introduce a Friend
Any person registered on the Website can introduce a friend or friends to the Website by entering their email addresses.
To be considered as having successfully introduced a friend, the person must have created a personal account on the website www.emoi-emoi.com and notified MBB of email addresses of friends via a dedicated page, one of whom must have become a Customer.
The person having successfully recommended the Website shall receive a 10€ voucher for every time a friend becomes a customer, such voucher is valid for nine (9) months from the date of that friend’s first order. The person shall be notified by email of the friend’s order and the resulting voucher(s).
MBB shall prohibit the creation of a second personal account in the same name by customers intending to effectively introduce themselves. MBB shall have the right to withdraw vouchers from persons having exploited the scheme and to remove their name from its customer base.
To be introduced as a friend, that friend’s email address must have been provided to MBB by a person such as that described above. The friend shall receive by email a 10€ welcome voucher valid for a period of 9 months on his next order provided that order is of minimum 50€. This welcome voucher cannot be used in conjunction with any other promotional codes. Should such a friend cancel his order, the welcome voucher shall not be valid on any other order.
The friend may at any time object freely and immediately to the use of his email address and has a right of access, objection and rectification over the personal details relating to him by sending an email specifying his name, first name and address to firstname.lastname@example.org.
Clause 12: Transfer of Ownership
Ownership of the Products shall only transfer from MBB to the Customer once full payment of the price is made by the Customer.
Should the Customer fail to make full payment within 15 calendar days following delivery, the Customer shall return the Products at his own cost, and the contract shall be deemed rescinded from the time of receipt by MBB of the Products returned to it in good condition.
Clause 13: Warranties and Responsibility
MBB shall not be responsible for any inconvenience or damage caused by the use of the internet network, including any service disruption, external interference or the existence of viruses, or of any event deemed to be force majeure, in accordance with relevant legislation and case law.
Concerning all cosmetics, MBB is only a sales intermediary. Therefore, in case of damages, direct or indirect, that could have been caused by any of the cosmetics, the responsibility of the manufacturer shall be engaged.
Clause 14: Intellectual Property
The Customer shall in no circumstance download or modify all or any part of the Website and in particular, its content (listed products, descriptions, images, videos, blog articles…).
This Website or any part of this Website must not be reproduced, copied, sold or exploited for commercial purposes without the express and written consent of MBB.
More generally, MBB or its partners/suppliers shall have full ownership of all copyright, trademarks and other distinctive marks and property right or intellectual property featured on the Website.
The Customer is therefore required to respect these intellectual property rights and can in no circumstance use any of the trademarks featured on the Website and on the Products, where applicable, or seek to file a trademark which could prejudice the owner of such rights, unless otherwise agreed contractually.
Such provision shall apply equally to all other intellectual property rights.
Clause 15: Data Protection
MBB shall use the Customer’s confidential information only for the purposes of operating the Website.
The Customer acknowledges that, in order to ensure the good progress of an order, nominative details will be processed electronically.
As such, information relating to the Customer can be notified to technical service providers. Furthermore, in the context of partnerships, MBB might have to share its client database with its commercial partners. The use of Customer details shall be made in accordance with the Customer’s preferences specified at the time of the registration.
The Customer shall be entitled to object to the potential transfer of his personal data to a third party, but such objection could result in MBB being unable to process his order.
Moreover, MBB can apply technical means to obtain non-personal data relative to internet users and intended to improve the website’s features, for example by tracking the number of visitors on certain pages.
In accordance with the law of 6 January 1978 as amended by the law if 6 August 2004, the Customer has a right of access and rectification over his personal data featured in MBB’s files. Any such request must be sent by email to: email@example.com or by post to the following address: MBB Partners SAS, 6 rue Debelleyme 75003 Paris, France.
This electronic data processing has been the subject of a declaration to the Commission Nationale de l’Informatique et des Libertés (CNIL, an independent administrative authority protecting privacy and personal data) who issued an acknowledgment of receipt n°1421436 on 30 March 2010.
Clause 16: Force Majeure
In the event of force majeure, the party concerned shall inform the other party within fifteen (15) days from the occurrence of the event, by registered letter with acknowledgment of receipt.
Those events which are expressly deemed to be force majeure or fortuitous, are those generally considered as such by the case law of the French courts.
All obligations of the parties will be suspended throughout the duration of the event of force majeure, without giving rise to any right to compensation.
Should the event of force majeure continue for more than three (3) months, either party may terminate the contract, such termination not giving rise to any compensation.
Clause 17: Mag
MBB publishes on its Website a webzine called "le mag" on http://en.emoi-emoi.com/blog/, on which any individual can post comments relating to articles published by MBB.
MBB is entitled to delete all content, including content which is offensive or in breach of legislation, as well as any defamatory content.
The user can at any time bring to MBB’s attention any illegal or offensive content, by sending an email to the following address firstname.lastname@example.org.
Clause 18: General Provisions
In the event that any provision of these terms and conditions is found to be void or unenforceable by any court of competent jurisdiction, such provision shall be deemed to have been deleted without affecting the remaining provisions of these terms and conditions.
These terms and conditions can be varied by MBB at any time without notice, and the applicable terms and conditions shall be those in force at the time the order is made by the Customer.
These terms and conditions are available at all times on the following address: http://en.emoi-emoi.com/terms-and-conditions.html in an electronic format suitable for printing and/or downloading, such that the Customer can reproduce or save them.
18.3. Governing Law and Juris
These terms and conditions are governed by and construed in accordance with the laws of France in regards to both substance and form. The parties shall first attempt to settle any dispute amicably.
In the absence of any amicable settlement, the competent courts of France shall have jurisdiction over the dispute, notwithstanding any guarantee calls or the existence of more than one defendant.
18.4.: Extracts of applicable legislation (Ordinance 2005-136 dated 17 February 2005, Consumer Code, Civil)*
Article L.211-4 of the Consumer Code
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.
Article L.211-5 of the Consumer Code
- To conform to the contract, the product must:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L.211-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Art.1641 of the Civil Code
A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.
Art.1648 paragraph 1 of the Civil Code
The action resulting from redhibitory vices must be brought by the buyer "within a period of two years following the discovery of the vice" (Ord. no 2005-136 of 17 Feb. 2005).
*Translation of the French legislation obtained from the official public sector portal Légifrance (http://www.legifrance.gouv.fr/)