General sales conditions.
Maison Moginot Couture Corsets (hereinafter referred to as the "Company","us","we","Maison Moginot","Gabriel Moginot") creates, designs and sells throughout the world luxury corsets and fashion accessories for men and women carrying the Company's labels such as: Maison Moginot, Maison Moginot Couture Corsets.
In order to meet its customers' wishes to best possible effect, Maison Moginot has set in place a system for the distance selling of a selection of items by the Internet
Scope of application
These standard terms and conditions of sale are applicable to all sales of items carrying the Company's labels concluded through the intermediary of the Company's website, which is identified by the domain name "www.maisonmoginot.com" (hereinafter referred to as the "Website") and by accepting orders placed by customers who are natural persons (as distinct from legal entities) acting as a consumer (as understood by the law and case law).
All sales of items carrying the Company's labels effected through the intermediary of the Website are subject to these standard terms and conditions of sale, which the customer accepts. These terms and conditions may be modified or updated; the terms and conditions applicable to an order placed by a customer are those in force on the day on which the order is placed.
Identification of the company making the offer
Maison Moginot, is a self employed company, registered by Gabriel Moginot with the Paris Trade and Companies Register under the number 503 949 703, whose registered office is at 19 Avenue Carnot, 91100 Corbeil-Essonnes, France; Email address : firstname.lastname@example.org; VAT-free.
Information concerning items and limitation of liability
While taking the utmost care and ensuring the maximum degree of accuracy when placing information and descriptions of the various items online and as regards the data available from the Website, and regularly updating the said information, descriptions and data, the Company cannot accept liability for any non-substantial errors that may occur. In the same way, although photographs and other reproductions of the items for sale represent them faithfully on the Website, within the limits of the available techniques and in accordance with best market standards, they may nevertheless contain non-substantial errors. The customer acknowledges this and accepts it. At all events, if an item delivered is not in conformity with its description, the Company undertakes to correct this error, as provided for in Article "Maintenance/Repairs" below.
- for interruptions or delays noted by the Website owing to the carrying out of maintenance work, or owing to technical breakdowns, force majeure, or to a third party or to any circumstances whatsoever outwith its control;
- if it is momentarily impossible for either the customer or the Company to access the Website, owing to facts or actions outwith the Company's control, such as computer breakdowns, or faults affecting the hardware or software that enables reception of the network, etc.
Conditions concerning the placing of an order for items
Orders received will be accepted within the limit of the available stocks. To that end, the customer will be informed at the time of accepting the order by the Website information page describing each of the items:
- of the availability of the item;
- or, in the event of temporary unavailability of the item in question, of the possibility of ordering it with a view to subsequent delivery within the timeframe specified on this occasion.
If, despite the Company's vigilance, the items ordered are no longer available, the Company will inform the customer of this by any appropriate means (mail or email) as soon as possible.
The customer undertakes to ensure that all the information communicated to the Company via the Website in the context of his/her order is compliant with these standard terms and conditions of sale and full, accurate and up-to-date. Failing this, the Company reserves the right: (i) to cancel the order and the corresponding payment or, (ii) in order to first check the existence and accuracy of the customer’s information and addresses, to require that he/she supplies official documents evidencing them.
These data may be communicated to the Company's contractual partners intervening in the context of performance of the order (e.g. those acting as intermediaries, such as banking institutions for the payment for orders).
In particular, the customer is informed that some navigation data are also collected by Statcounter.com (https://statcounter.com/), the company responsible for analysing orders and combating credit card fraud. If a payment is not honoured owing to fraudulent use of a credit card, the personal data relating to this unpaid order will be recorded in a file concerning "payment incidents" kept and consulted by Bluepaid (https://www3.bluepaid.com/) In this same context, the customer's communication of incorrect information, as likewise any anomalies noted in his/her order, may also be specifically processed by Maison Moginot.
As per applicable laws and regulations, the customer has the right to access his/her personal data and have it modified, rectified or deleted if appropriate. Customer may exercise this right at any time, upon sending Company notice, enclosing a copy of his/her ID, to : email@example.com
The Company will also be entitled to refuse to accept any order: (i) placed by a customer with whom there is an outstanding dispute relating to the payment of a previous order; or (ii) that is not compliant with these standard terms and conditions of sale.
If the Company notes that the order does not meet these standard terms and conditions of sale (for example: an inaccurate delivery address, or an order that exceeds the order thresholds), it will inform the customer either directly on the Website or by means of an email. If the customer fails to contact the Company in order to correct any inaccurate items of information or information given in his/her order that is contrary to these standard terms and conditions of sale, the Company reserves the right to purely and simply cancel the order and the corresponding payment.
Orders placed by Internet on the Website
Orders placed on the Website are subject to strict compliance with the procedures described below, which are confirmed by a succession of different screens on which the successive steps that the customer must imperatively follow in order to validate his/her order are duly displayed.
To access his/her "Online cart", the customer must identify himself/herself:
- If he/she has an account on the Website: by his/her email address and password;
- If he/she does not have an account on the Website: by his/her name, address of usual residence to which the order will be invoiced to him/her, telephone number.
On the Website, the customer selects, registers and validates the identification and quantity of the items that he/she wishes to order (whose availability will be confirmed, if this is the case, by the Company); these items will be added to his/her "Online cart".
The customer may freely modify online his/her "Online cart" containing the items selected, remove an item initially selected, modify the quantities ordered or alternatively add an item by clicking on the corresponding elements placed at his/her disposal in the "Online cart". The price of the items selected will be automatically displayed in the "Online cart", as defined below in Article "Price of the items".
The customer must also validate:
- the delivery address for the order, it being noted that the said address may correspond to the usual place of residence of a third party beneficiary chosen by the customer or, failing this, the address of the company in which the third party beneficiary pursues his/her professional activity;
- the despatch method opted for (express or standard post), standard carriage costs being borne by the Company;
- and, lastly, the chosen payment method.
Once all this information has been duly recorded and validated, the price of the items, as defined below in "Price of the items", and the carriage costs, if any, will be automatically displayed.
After communicating the number of his/her credit card, in accordance with the provisions of "Payment terms" below, the customer must then click on the Bluepaid payment secured interface button in order to debit his/her bank account.
The authorization to debit his/her bank account issued by the customer's bank will then be displayed. The customer is advised to register and/or make a print-out of this debit authorization. Once the customer's bank has authorized the debiting of his/her bank account, his/her "Online cart" will be directly forwarded to the Company department responsible for preparing orders; the customer will then see his/her order number displayed.
This order will be binding on the customer as from the time when the "Online cart", duly filled and validated by the display of the registration page for the order, is received by the Company.
The Company will then acknowledge having received the order by means of an email sent to the email address communicated by the customer. In accordance with the provisions of Article 1126 of the Civil Code, the customer formally agrees to the Company's using an email for the purpose of confirming the content of his/her order.
This confirmation email will note all the information communicated by the customer and will indicate, where relevant, any difficulties or reservations concerning the order (availability of the items ordered, delivery timeframes or payment method). It will give the order number allocated to the customer by the Company.
At the time of despatch of the items ordered to the delivery address chosen by the customer, the Company will send the latter an email informing him/her of the said despatch, as provided for below in "Payment terms".
Proof of the order
Generally speaking, it is expressly agreed between the Company and the customer that emails exchanged by the parties will hold good and be held to be authentic, as will the automatic registration systems used on the Website, especially as concerns the nature and date of the order. In addition, the Company will keep the items of information concerning any order for a non limited period. This information will be made available to the customer on his/her sending a request to that effect to: firstname.lastname@example.org or to Maison Moginot - Gabriel Moginot – 19 Avenue Carnot - 91100 Corbeil-Essonnes. The customer is nevertheless advised, in the case of orders placed on the Website, to also keep a copy (in the form of a computer record and/or a paper print-out) of the various items of information relating to his/her order (for example, the email sent by the Company as provided for in Article "Orders placed by Internet on the Website" above).
Price of the items
The prices displayed on the Website are given Euros and include all taxes applicable, such as VAT, and do include delivery costs.
The prices involved are those in force at the date of the order.
The amount of the transport costs, if any, will be automatically displayed, if relevant, on the Website at the time of confirming his/her order, and by email.
At the time of delivery, the customer will receive written confirmation of the price paid for each item and the delivery costs charged, if any.
The customer's purchases will be paid for by credit card. The following credit cards are accepted by the Company: "CB" cards, Visa cards, Eurocards, Mastercards and American Express cards. Cards issued by banks domiciled outside France must obligatorily be international credit cards. In this context, the customer undertakes to effect payment via a credit card of which he/she is to be the holder, which mentions his/her identity (surname and first name).
The customer will access a secure server operating in SSL mode that has been certified by a Certification Authority for Bluepaid company. The customer must provide his/her credit card number and/or his/her bank details by filling in the online payment form.
The transaction will then be effected by the customer in accordance with secure banking standards, on the Website, by communicating his/her credit card number and/or bank details; the customer unconditionally agrees in advance that the Company may complete the secure transaction in question. The customer therefore authorizes his/her bank in advance to debit his/her account with a view to any registrations or statements forwarded by the Company, even in the absence of invoices signed by the holder of the card. The authorization to debit the customer's account is always given only for the amount of the item/ items bought.
The customer's credit card will then be debited after verification of the fact that his/her order is in conformity with these standard terms and conditions of sale, and after having checked the availability of the item(s), at the time of the despatch of the latter by the Company. If, for any reason whatsoever (objection, refusal on the part of the issuing centre, etc.), debiting the sums payable by the customer proves to be impossible, the order will not be registered by the Company and/or will be cancelled.
Items can only be delivered:
- either to the customer's usual place of residence;
- or to the delivery address indicated by the customer at the time of placing his/her order, it being pointed out that this address must correspond to the usual place of residence of a third party beneficiary chosen by the customer or, failing this, to the address of the company in which the latter pursues his/her professional activity; it is understood that that items cannot be delivered to hotels or post office boxes.
Once payment of the amount payable for the items ordered has been duly recorded, these items will be delivered to the delivery address indicated by the customer. To that end, the latter undertakes to have communicated an exact delivery address to the Company.
The items ordered will be delivered:
- either on the date or within the timeframe indicated to the customer by the Company when the order is placed;
- or within the timeframes notified to the customer in the case of temporary unavailability of the item in question and accepted by the customer at the time of adding an item in his/her "Online cart" prior to acceptance of his/her order.
The Company will deliver the items ordered by standard or express post as chosen by the customer, standard post is selected by default. Deliveries will take place worldwide.
Reservation of title
THE COMPANY RESERVES THE OWNERSHIP OF THE ITEMS DELIVERED UNTIL SUCH TIME AS THE PRICE HAS BEEN PAID IN FULL, IN PRINCIPAL AND INTEREST. PAYMENT WILL BE COMPLETED ONCE THE PRICE HAS EFFECTIVELY BEEN BANKED. IN THE CASE OF TOTAL OR PARTIAL NON-PAYMENT, THE COMPANY MAY ISSUE A FORMAL CLAIM IN RESPECT OF THE ITEM OR ITEMS DELIVERED BY THE COMPANY TO THE CUSTOMER.
Intellectual property rights
The customer is granted a limited right to use the Website, which remains the exclusive property of the Company, which created it and put it online, including the web pages, images, word sources and database composing it. The customer accordingly undertakes not to disseminate or reproduce the Website, either in whole or in part, in any form whatsoever. The Company's items and trademarks, such as Maison Moginot, Maison Moginot Couture Corsets, etc. (this list is not exhaustive), and all the trademarks whether figurative or not, and, in general, any other trademarks, illustrations, images, designs, models and logos featuring on the Company items sold at a distance, or on their accessories or packaging, whether filed or not, are and will remain the exclusive property of the Company.
Any total or partial reproduction, downloading, modification or use of these trademarks, illustrations, images and logos, designs and models, for any reason whatsoever and on any medium whatsoever, without the Company's express prior written consent, is strictly prohibited.
The same applies to any combination or conjunction with any other trademark, symbol, or logo or, in general, any distinctive sign destined to form a composite logo. In the same way, the following are strictly forbidden without the Company's express prior written consent:
- the creation of hyperlinks towards any of the pages or elements making up the Website;
- any non-compliant use of this right to use the Website and, in particular, use of any of the elements making it up (items presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) for the purpose of making a sale or for any other directly or indirectly commercial use.
Right to return items for maintenance, repair
The customer acknowledges that he/she has been informed and accepts that, pursuant to article L. 221-28 3rd of the Consumer Code, he/she will not benefit from right of withdrawal for personalised items, for items made to his/her specifications and/or revised or altered at his/her request.
The customer must then return the items delivered by any means chosen by them, at his/her own expense. Customer is advised to keep any proof of having returned items, which presupposes that the items will be returned by the customer by recorded delivery or any other means that allows a specific date to be established.
At all events, the return of items that have been delivered must be made by the customer:
- within thirty (30) days as from the time of his/her exercising his/her right of withdrawal for maintenance and repair only. No reimbursement will be made as items are made on order only.
- in their original packaging (or at least in packaging that will afford the items in question an equivalent degree of protection during their return transport), in perfect condition that enables them to be put back on sale by the Company, unused, and accompanied by all the accessories and documents provided with them (laces, notice, warranty, certificate of authenticity, etc.) and a delivery slip enclosed with the items delivered.
Conformity – warranty
The customer must ascertain that the items delivered to them correspond to his/her order. If the items delivered are not the items that were ordered, the customer is advised to:
- inform the Company of this as soon as possible, either directly on the Website through the contact form, or by means of an email sent to: email@example.com explaining why the item is not in conformity with his/her order,
- and return for maintenance the items in question in their original packaging (or at least in packaging that will afford the items in question an equivalent degree of protection during their return transport), in perfect condition that enables them to be put back on sale by the Company, unused, and accompanied by all the accessories and documents provided with them (notice, warranty, certificate of authenticity, etc.) and a copy of the delivery slip enclosed with the items delivered,
- following, in order to facilitate the Company's processing of the returned item, the various different steps of the procedure suggested by the Company, as described on the Website.
If the customer organizes the return of the said items himself/herself, by means chosen by him/her and at his/her own expense, he/she is advised to keep any proof of having returned the items by recorded delivery, or by any other means that allows a specific date to be established.
If it is not possible to repair the item returned, reimbursement of the price invoiced for non-compliant items that have been returned will be effected by crediting the customer's bank account. The customer will be notified by mail or email.
Notwithstanding any specific warranty terms and conditions that may have been forwarded to the customer with the item delivered, the Company's items are subject to the following legal guarantees concerning conformity and any defects in any item sold:
Article L. 217-4 of the Consumer Code stipulates that: "The seller delivers goods that are in conformity with the sale contract, and will be responsible for setting right any non-conformity existing at the time of delivery.
It will also be responsible for any non-conformity resulting from the packaging, or from the instructions concerning assembly or installation if the seller is responsible for this under the terms of the sale contract or if it took place under their responsibility."
Article L. 217-5 of the Consumer Code: "The good is in conformity with the contract:
1. if suitable for the use normally expected of similar goods and:
- if it corresponds to the description given by the seller and possesses the qualities presented by the latter to the purchaser in the form of a sample or model;
- if it presents the qualities that a purchaser may legitimately expect in the light of the public declarations made by the seller, the producer or their representative as, for example, in advertising material or labelling;
2. Or if it presents the characteristics defined by mutual agreement by the parties or is suited to any special use sought by the purchaser, brought to the seller's knowledge and agreed to by the latter."
Article L. 217-12 of the Consumer Code: "Legal actions resulting from the non-conformity of goods are time-barred at the end of two years as from the delivery of the goods."
Article L. 217-16 of the Consumer Code: "Where the buyer asks the seller, during the course of the commercial warranty granted to him/her at the time of the acquisition or repair of a product, for a repair covered by the warranty, a period of at least seven days is added to the remaining warranty period.
This period shall run from the buyer’s request to the seller or when the product in question is made available for repair, if such availability is subsequent to the request for intervention."
Article 1641 of the Civil Code: "The seller is bound by a warranty relating to any hidden defects in the thing sold that render it unsuitable for its intended use, or which so reduce this use that the purchaser would not have bought it or would have paid a lower price for it had it been aware of these defects".
Article 1648, paragraph 1, of the Civil Code: "Any legal action on the score of hidden defects must be brought by the purchaser within a period of two years as from the time of discovering the defect in question".
The Company's performance of all or part of its obligations will be suspended in the event of the occurrence of an act of God or a case of force majeure, as defined in article 1218 of the Civil Code, which prevents or delays their performance. The Company will inform the customer of any such act of God or case of force majeure within seven (7) days of its occurrence.
The fact that at any given time the Company abstains from enforcing the performance of any of the provisions set forth in these standard terms and conditions of sale cannot be interpreted as constituting renunciation of the possibility of subsequently invoking the said total or partial non-performance.
Validity of the standard terms and conditions of sale
Should any of the provisions of these standard terms and conditions of sale come to be declared wholly or partially null and void, the other provisions and all the other rights and obligations resulting from the said standard terms and conditions of sale will remain unchanged and will continue to be applicable.
Disputes - Applicable law
These standard terms and conditions of sale are governed by French law, except in the event of any imperative provisions to the contrary pursuant to regulation no. 593/2008 of 17 June 2008 concerning the law applicable to contractual obligations (Rome I). Should any dispute arise in relation to the application and/or interpretation of these standard terms and conditions of sale, the consumer disagreement or dispute may be resolved amicably. In order to submit a dispute, the customer can (i) fill out the contact form on the Website, (ii) send his/her request by simple letter or registered letter with acknowledgment of receipt to Gabriel Moginot, 19 Avenue Carnot, 91100 Corbeil-Essonnes, or (iii) send an email to firstname.lastname@example.org. The customer’s request must contain the following in order to be processed quickly: his/her postal, email and telephone contact details as well as Gabriel Moginot’s full name and address, a brief description of the facts and evidence confirming that he/she first tried to solve the dispute with the Company.
If no amicable solution can be reached, all disputes potentially generated by these standard terms and conditions of sale shall be submitted to the jurisdiction of the competent courts pursuant to the French Code of Civil Procedure and the French Consumer Code.