General Terms and Conditions
The purpose of these general terms and conditions (hereinafter referred to as the "GTC") is to set the contractual provisions relating to the respective rights and obligations of SAS MOTIMA (hereinafter referred to as the "Seller") and of any consumer and non-professional buyer wishing to acquire the Products offered for sale by the Seller.
These GCS determine their contractual relationship in the context of placing the order and can be consulted on the Website www.motima.fr (hereinafter referred to as the “Website”).
The terms used below have the following meanings in these GTCs:
“CUSTOMER”: refers to the co-contractor of the MOTIMA Company, who is guaranteed to have the quality of consumer as defined by French law and case law.
As such, it is expressly provided that this Customer acts outside of any usual or commercial resale activity. Online shopping on the Website is not intended for wholesale or retail resellers.
“DELIVERY”: refers to the first presentation of the Products ordered by the CLIENT to the delivery address indicated when ordering.
“PRODUCTS”: designates all the products available on the Website.
“SELLER”: SAS MOTIMA, a simplified joint-stock company specializing in the design, manufacture, distribution, marketing by all means of food supplements, food products, products for well-being and personal development and having its headquarters located at 19 rue de Passy 75016 Paris, registered in the Paris Trade Register under number 390127025, represented by Mr Vouzelaud in his capacity as Chairman.
I. Applications of the general terms and conditions
The general terms and conditions (the "GTC") detailed below apply to all orders of products and services placed via the Website by the Customer with the Seller.
The Customer must read and accept the GTCs prior to any order (the "Order"), the GTCs being available on the Site.
The version of the GTCs applicable to any sale being the one appearing online on the Website at the time of the Order. Consequently, the fact of placing an Order requires the full prior and unreserved acceptance of the GTCs by the Customer by clicking on the button "I have read and I accept the general terms and conditions".
II. THE MARKETED PRODUCTS
The main characteristics (qualitative and quantitative) of the PRODUCTS are described on the WEBSITE as accurately as possible by the Seller.
The offers of PRODUCTS are valid as long as they are visible on the Website within the limits of available stocks or the conditions specified on the Website.
The Seller is frequently updating the availability of the Products but cannot be held accountable if the stock is no longer the same as indicated.
If the Product is not available, the Seller undertakes to inform the CLIENT as soon as possible by any appropriate means.
In such a situation, le Customer will have the choice between:
1/ Either cancel his/her order, he/she will then be reimbursed for the payments the Customer would have already paid, no later than 3 weeks from the cancellation of the order.
2/ Or, if the product is likely to be soon available, to wait for the new delivery deadline which will be indicated to the Customer by the Seller.
Every effort is made to guarantee that the photos of the PRODUCTS featured on the WEBSITE are true to the original products. However, variations could occur, in particular due to technical limitations of color depiction on customer computer equipment, in order that the Seller will not be responsible for variations not resulting from its doing, or non-substantial variations.
Apart from reimbursement of the price of the unavailable PRODUCT, the Seller is not liable for any cancellation compensation.
In the event of an order of PRODUCTS in a very large quantity, and therefore suspicion of fraudulent purchases or doubt concerning the resale of the PRODUCTS, the Seller reserves the right to refuse a placed Order and to cancel it.
Placing an order
The Orders are placed in accordance with the procedure provided on the Website.
The Customer, while navigating on the Website, can add PRODUCTS to the shopping basket. The client can then access the recap of the shopping basket in order to confirm the PRODUCTS he wished to order by pressing the “basket” button and place his Order by pressing the “Confirm my basket”.
The CUSTOMER will have to fill in a customer account with an address, a delivery method as well as a valid payment method in order to finalize the Order and effectively form the sales contract between him and the Seller. Once this information has been completed, the CUSTOMER has access to his personal space on which he can consult the history of his orders, consult the status of a placed order, modify his personal information, etc.
In accordance with article 1369-5 of the French Civil Code relating to the conclusion of a contract in electronic form, the CUSTOMER can view the details of his order (PRODUCT, reference, quantity chosen, unit price) and its total price and correct any possible errors. The CUSTOMER must check the accuracy of his shopping basket before confirming his order to express his acceptance.
The finalization of the Order involves the acceptance of the prices of the sold PRODUCTS as well as the terms of payment indicated on the Website. The Seller cannot be held responsible for errors in the information entered by the CUSTOMER, nor for their possible consequences in terms of delay or error in delivery.
Une fois la Commande passée, le CLIENT recevra une confirmation par courriel qui fera office de récapitulatif de Commande et rappel des informations pertinentes. Le CLIENT s’engage à vérifier la bonne réception de ce courriel de confirmation dans sa boite email ainsi que dans la partie consacrée aux spams ou courriers indésirables.
Once the Order has been placed, the CUSTOMER will receive a confirmation via email which will act as a recap of the Order and a reminder of the relevant information. The CUSTOMER undertakes to check the receipt of this confirmation email in his mailbox as well as in the section devoted to spam or unwanted mail.
Orders are firm, they cannot be conditional.
IV. PRICE AND INVOICING
The selling prices are indicated for each of the PRODUCTS on the Website in Euros, all taxes included and take into account the V.A.T applicable at the time of the Order, unless explicitly stated otherwise and excluding delivery costs.
These prices are applicable exclusively within the framework of the sale on the Website and are not opposable to the Seller for any sale which would be made by another channel.
The prices displayed on the Seller's Website www.motima.fr are subject to change at any time. The price applied to the Customer is the one displayed on the Website when he places an order. The Customer acknowledges that he has no recourse in the event of a decrease or increase after the Order.
In the event of commercial operations, a price reduction may be granted by the Seller, this information will be mentioned where appropriate on the Website.
Similarly, in the event of one-off commercial transactions, the Seller reserves the right to offer delivery costs to the Customer. In the absence of any special mention to this effect, the delivery costs remain the responsibility of the Customer.
In any case, the total amount due by the Customer is indicated on the Order confirmation page. An invoice will be sent to the email address provided by the Customer.
Transport costs are added to the price of the products and are mentioned separately before payment.
For Customers abroad, customs fees are the responsibility of the Customer.
The payment of the Order by the Customer must be made online at the time of placing it. All orders are payable in Euros, payment is made by Visa, debit card, MasterCard, or by any other means offered on the Website.
Online payments on the Website are secured by a data encryption procedure (SSL protocol) in order to avoid the risk of interception of this information by malicious third parties.
The Customer's bank account will be debited following the validation of the Order and it will be considered effective after confirmation of the agreement of the bank payment centers.
The Customer guarantees that he is fully authorized to use the bank card used to make the payment, whether he is the holder or has received authorization in good and due form from the holder of the bank card used. The Customer also guarantees that the bank card used for the purchase gives access to sufficient funds to cover the costs of the Products. In the event of indication of incorrect bank details, of an insufficiently funded account, the resulting costs and the remuneration of the banks will be at the expense of the Customer.
In the event of refusal by the bank, the Order will be automatically canceled.
The Seller can, in no way, be held liable in the event of fraudulent use of the means of payment used by the Customer.
The Customer can also pay for his purchases on our website thanks to ALMA in two or three installments free of charge by card.
The dispatch of the order to the Customer only takes place after verification of the method of payment and receipt of the authorization to debit his card.
VI. DELIVERY AND DELIVERY FEES
For any order, the Products ordered will be delivered to the delivery address provided on the Website by the Customer.
The Seller undertakes to make every material and human effort to have the Products delivered as soon as possible. These may vary depending on the geographical area of the Customer, the delivery method chosen or the Product ordered.
The delivery conditions will be determined by the General Terms and Conditions of the carrier partners. The Seller cannot be held responsible in the event of non-compliance with any delivery deadline, or in the event of damage or loss suffered and observed upon receipt of the Order.
The Seller is not responsible in the event of failure of the carrier in the delivery of the Products, failure which would be attributable exclusively to the carrier in accordance with Article L. 221-15 of the French Consumer Code.
The Seller undertakes to deliver the Products ordered by the Customer as soon as possible, these deadlines being communicated for information only. However, if the Products ordered have not been delivered within thirty (30) days of the placing of the Order, for any reason other than force majeure or the act of the Customer, the sale may be terminated at the Customer's written request under the conditions provided for in Articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction. The Seller cannot be held liable for delays in delivery and the consequences that may result therefrom. In the event that the package is returned to the Seller, a second delivery will be made at the Customer's expense. If the package is again returned to the sender, there will be no new shipment and the additional delivery costs will be deemed acquired by the Seller.
In the event that delivery is impossible, due to an error in the address indicated by the Customer, the Seller will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery costs will be borne by the Customer.
It is therefore up to the Customer to verify the correct conformity of the address entered or chosen. The Seller cannot be held responsible in the event of an incorrect or incorrectly informed shipping address by the Customer.
For a successful delivery, it is essential to provide us with your detailed contact information.
The delivery of the Product(s) is made by post, on French territory (Metropolitan France, Corsica and the DOM-TOMs) and in Europe (Zone 1, 2 and 3), and in the rest of the world. depending on the delivery method chosen by the Customer.
The responsibility of the Seller cannot be engaged for reasons related to the exceeding of delivery times:
during periods of high demand, such as the holiday season
for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control
for facts attributable exclusively to the carrier responsible for the delivery.
The delivery rates which will be applied to the Customer's Order depend on the type of delivery chosen, as well as the address indicated by the Customer.
VII. RECEIPT AND COMPLAINT
Upon receipt of the Order, the Customer is required to check the condition of the packaging as well as the products ordered. It will also be up to the Customer to check the conformity of the Order received, with his initial Order placed on the Website. The Customer must make the reservations and complaints he deems necessary, or even refuse the package, when the package is obviously damaged.
The Customer must sign the delivery slip (when the delivery method chosen is “against signature”) and must, at the same time, report these anomalies by sending an email to the Seller at: email@example.com, the same day or at the latest no later than three (3) business days from the date of delivery.
Any complaint received after the deadline will be rejected without possibility of recourse and the Seller cannot be held responsible for it and the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.
When the complaint procedure has been respected, the Seller is able to request proof by email from the Customer illustrating the anomaly of the Product(s) received. Once this anomaly has been recognized by the Seller, the return of the Product(s) will be made at the Seller's expense and the refund or exchange will take place.
This clause has no impact on the right of withdrawal benefited by the Customer.
VIII. RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) clear days from receipt of the Product to exercise his right of withdrawal from the Seller without having to justify reasons or pay a penalty, for exchange or refund. The Products must be returned in their original packaging, with on some products, the security rings intact (unopened, unscrewed, unsealed, modified) and in perfect condition within fourteen (14) days of withdrawal.
Returns must be made in their original condition and complete (packaging, accessories, documents, instructions, etc.) allowing them to be put back on the market in new condition. Damaged or incomplete Products will not be taken back.
To exercise this right of withdrawal, the CUSTOMER has up to fourteen (14) days after receipt of his Order to inform the Seller of his decision to withdraw by mail or email addressed to firstname.lastname@example.org. The CUSTOMER must then return, at his own expense, the Product(s) in its (their) original packaging, no later than fourteen (14) days following the communication of his decision to withdraw. The address for shipping the products is as follows:
Laboratoire MOTIMA – 17, rue Sanlecque – 44000 NANTES
When the fourteen (14) day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
In the absence of the return of the Products within the period of fourteen (14) days, the Order is deemed final and no refund can be made, with the exception of the cases provided for in these GTCs.
If the aforementioned conditions are met, the Company will reimburse the Customer for all sums paid for the Order, as soon as possible and at the latest within fourteen (14) days following the date on which the Seller was informed of the Customer's decision to withdraw. The Seller reserves the right to defer reimbursement until the earlier of these two dates: the date of recovery of the Product(s) or the date on which the Customer provides proof of shipment of the Products. The initial shipping costs of delivery are included, with the exception of the return costs which remain the responsibility of the Customer.
The return of the products is therefore at the Customer's risk and expense.
The right of withdrawal is only valid for deliveries in France and Europe.
IX. TRANSFER OF RISKS AND OWNERSHIP
The Seller retains ownership of the Products sold until full payment of the price by the Customer. It can therefore repossess said Products in the event of non-payment. In this case, the installments paid will remain with the Seller as compensation. In accordance with Article L. 216-4 of the French Consumer Code, regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer will take physical possession of the Products, that is to say, upon delivery. The Products are transported under the responsibility of the Seller's transport partners.
The Seller can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it implements all its means to permanently ensure the service.
It may be interrupted at any time. In addition, the Seller reserves the right, by a voluntary act, to make the Website unavailable in order to carry out any update, improvement or maintenance operation. As previously mentioned herein, the Seller can in no way be held responsible for delays in delivery for reasons beyond its control, independent of its will, unforeseeable or whose fault cannot be attributed to it resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
XI. RESERVATION OF CHANGES
The Seller is entitled to modify these General Terms and Conditions or any other condition. The applicable General Terms and Conditions are those in force at the time of the Order.
XII. APPLICABLE LAW
The language in which these Terms are written is French and they are subject to French law, regardless of the nationality of the customer and the place of validation of the Order. The site and the Seller's GTCs comply with French law, in particular law n ° 2014-344 of March 17, 2014 relating to consumption and order n ° 2015-1033 of August 20, 2015 relating to the out-of-court settlement of disputes consumption, so that the Seller is not responsible for compliance with any foreign legislation.
Any dispute that may arise between the Seller and a Customer during the execution of the present will be the subject of an attempt to resolve amicably. Failing this, the disputes will be brought to the attention of the competent courts of Nantes.