GENERAL TERMS AND CONDITIONS OF SALE
The provisions herein establish the general conditions of sale of the products offered for sale on the site www.movida.today (hereinafter referred to as "the Site") by :
The company Cast whose head office is located at 355 boulevard de l'observatoire 06300, under the R.C.S number 751 463 977 of Nice and under the SIRET number 75146397700015 (hereinafter referred to as "Movida")
Movida is the publisher of the www.www.movida.today website and can be reached directly at email@example.com
Movida offers on this site the sale of derivative products, clothing and textiles (hereinafter referred to as the "Products"), as well as accessories related to these products, to users browsing the Internet and in particular on the site (hereinafter referred to as "Customers").
The customer is a natural person of legal age or has the legal capacity to contract and placing one or more orders on the Site for non-professional purposes at the price and conditions indicated.
For the purposes of this Agreement, it is agreed that the Customer and Movida shall be jointly referred to as the "Parties" and individually referred to as the "Party".
Any order of a Product carried out on the site www.movida.today is subjected to the present general conditions of sale.
Movida reserves the right to modify at any time the present general conditions of sale by publishing a new version on the Site. These general conditions of sale will then be applicable and in force at the date of the placing of the order.
The purpose of the present general terms of sale is to define the rights and obligations of the Parties resulting from the online sale of Products offered on the Site.
They organize all the steps necessary to place the order and ensure the follow-up of this order between the contracting parties.
- PRODUCTS AND SERVICES
Only the Products listed on the Site on the day of the order, and identified as available, can be sold to the Customer. The Products presented are textiles and other derived products. Their shapes and colors may sometimes vary from the product presentation photo. It is possible that the stocks on the Site vary significantly from the stocks in the warehouse, due to breakage or poor quality, so refunds will be made if this is the case at Movida's discretion due to stock shortages.
The product offer and prices are valid as long as the product is available on the Site.
The photographs and graphics reproduced on the Site illustrating the Products are communicated for illustrative purposes and are not contractual. Consequently, Movida cannot be held responsible for any error or omission in any of these photographs or graphics.
The Customer is also required to consult the description of each Product to know its characteristics, and possibly the conditions of maintenance and use.
All prices indicated on the Site include value added tax at the legal rate in effect on the date of invoicing. The prices indicated on the Site are in Euros and do not include shipping costs.
Any change in the applicable rate may be reflected in the prices of the Products and services. The prices applied are those shown on the Site at the time of the order. After this date, they may be modified at any time.
In the event of delivery in accordance with article 6.1., the amount of participation in the expenses will be communicated to the Customer on the good summary of order, before final validation of this last.
Movida may reserve the right to offer promotional codes. These promotional codes can only be generated by Movida and will not be applicable to the price of Products subject to other promotions (sales, batch sales, sales with bonuses, price reductions, etc.). Movida cannot be held responsible for any promotional codes disclosed on the forums other than those generated by Movida and for which it has not given its consent.
The sales offers appearing on the Site, governed by the present general sales conditions, are valid for any Product as long as it remains online.
The present general conditions of sale are considered accepted by the Customer at the time of the validation by double click of the order and apply for the duration necessary to the supply of the Products until the extinction of the guarantees.
5.1. Placing the order
The Customer has the possibility to place his order from the catalog of the Products available on the site.
The Customer orders the different Product(s) of his choice by clicking on "Add to cart".
Depending on the nature of the Product, the Customer may have to choose the size of the Product.
If the Product is not in stock on the Internet, the Site indicates the estimated date of availability of the Product as far as possible.
Once the Product has been added, the Customer can either continue shopping by clicking on "Continue Shopping", or check his orders by clicking on "Shopping Cart".
At any time, the Customer may:
Check the Products in your shopping cart: their quantity, their amount and the detailed information on each of them by clicking on the icon "Shopping cart" or "View my cart",
Modify or cancel the order of one or more Products on the cart summary page,
To continue its selection of Products by navigating on the website and to continue its purchases by this way",
Validate your order by clicking on the "Checkout" icon on the Cashier page displayed after the "Checkout" button is validated.
5.2. Validation of the order
After having taken note of the Products which are the object of the order on the summary page of the basket, the Customer cannot validate his order and reach the following stage without taking note of the general conditions of sale, which he attests to by ticking the box provided for this purpose.
5.3 Customer identification
The order can only be validated on the Site if the Customer has a personal account.
If the Customer does not already have an account, he/she must accurately fill in the fields marked with an asterisk as mandatory in order to create his/her personal account. The Customer must indicate the information necessary for identification, in particular a valid e-mail address and a password of his choice (which will be personal and confidential) which will be used later to identify himself on the Site.
The Customer will also have to indicate his name, first name, date of birth, personal address and telephone number in order to create his customer account.
Any Customer who already has a customer account must identify himself after clicking on "Order", by entering his e-mail address and password.
The Customer accepts that the entry of these two identifiers is proof of his identity.
The Customer is responsible for the choice and the conservation of his identifiers and must ensure their confidentiality. Movida cannot be held responsible for any usurpation of identifiers and connections to customer accounts by third parties.
The provision of personal information collected in the context of distance selling is mandatory, this information is necessary for the processing and delivery of orders and for the establishment of invoices. This information is strictly confidential.
5.4. Finalization of the order
At this step, the Customer will access a page of the Site detailing the contract offer as well as the Customer's billing address, which can be modified if necessary. The Customer validates the billing address by clicking on "Order".
On the next page, the Customer will access a page listing the Products in the shopping cart and will be able to choose the delivery method as well as the address to which the Customer wishes the Products to be delivered. The Customer will be able to attach the message of his choice to his delivery. In the case of a first home delivery, it is necessary to register the address indicated before continuing with the order.
By clicking on "Order", the Customer will then access a page allowing him to choose his method of payment.
The price due by the Customer is the amount indicated on the summary order form which the Customer has read before finally confirming his order. The price is then recalled after payment in the summary document sent by e-mail to the Customer's e-mail address by Movida.
The Customer has the choice to pay for his purchases:
Online with the order by credit card (Visa, Mastercard, etc...) by the 3D Secure system, Online with the order by bank transfer, Online with the order by Paypal.
For payment by credit card, the payment methods are as follows:
Notwithstanding the application of Article R.642-3 of the Penal Code, the Customer shall pay for his order by credit card (card with the CB sign, cards bearing the VISA or EUROCARD or MASTERCARD mark) in accordance with the provisions of this article.
To pay for an order by credit card, the Customer must transmit the number of his credit card on the Site, as well as the expiry date of the latter and the cryptogram number (3-digit number appearing on the back of the credit card). These data will be encoded on the servers on which the Site is hosted using the SSL security standard.
The card will be debited at the time of the order. In any case, the amount debited corresponds to the Product(s) actually delivered.
It is specified that to make his payment by credit card, the Customer will be automatically redirected to the PAYPAL electronic payment server.
In all cases, the online provision of the credit card number or any other method of payment and the final validation of the order will be considered as proof of the completeness of the said order, in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technology and relating to the electronic signature reproduced in Articles 1316 et seq. They will also be worth exigibility of the sums engaged by the seizure of the articles appearing on the purchase order.
This validation is worth signature and express acceptance of all the operations carried out on the Site.
5.6 Acknowledgement of receipt of the order
At the end of the payment, the Customer is directed to a page confirming his online purchase.
A document summarizing the order is sent to the Customer by e-mail to the e-mail address indicated by him/her and at the latest before delivery. This document, which serves as an acknowledgement of receipt, also includes all the elements of the contract between the Parties
5.7 Order tracking
For the follow-up of the current order, the Customer can connect to his personal account by going to the heading "my account" / "my orders" or send us an email for follow-up request if the device encounters difficulties on the site.
- PRODUCT DELIVERY
The Customer can either choose to have the Product delivered to his home or to a designated place.
6.1 Home delivery
The Customer can have the Products delivered to the address he/she will have indicated when ordering the Products, it being specified that this address may differ from the billing address.
The Products ordered by the Customer are delivered in France and in the overseas departments and territories and Monaco.
For Products in stock at the time of the order, the Customer has several delivery methods.
For deliveries outside metropolitan France, the customer agrees to pay all taxes due on the import of products, customs duty, value added tax, and any other taxes due under the laws of the country where the order is received.
- RECEIPT OF THE ORDER
At the time of the reception of the order, the Customer is held to check the conformity of the Products received with the order which it carried out. The Customer must report any anomaly concerning the delivery, in particular in the case of damaged packages, missing or damaged products, within 14 days of receiving the Products to Movida's customer service. Any complaint addressed more than 14 days after reception of the Products will be rejected and Movida's responsibility will not be engaged in any case. The Customer may be required, at Movida's request, to return the non-conforming or damaged Product. He will have to do it by mail. Movida reserves the right to refuse to serve a subsequent order in case of abnormal or abusive returns from the Customer.
- RIGHT OF WITHDRAWAL AND REFUND
The Customer has a period of 14 clear days from receipt to return the Product(s) ordered (with the exception of custom-made products at your request) for reimbursement, without having to justify any reason. In order to exercise this right, the Customer is invited to declare his return by email to the address: firstname.lastname@example.org or by means of the withdrawal form received by email at the time of the order or via the contact form on the page "Contact Us". The Customer is required to accompany his return with the order number - which will be communicated to him during the declaration. All Products must be returned in new condition, in their original packaging, accompanied by the exchange or return form and the invoice. The return of Products can only be done by post, to the following address
41-43 quai des états-unis, 06000 Nice
Products that are scratched, incomplete, damaged, worn or soiled by the customer will not be returned or exchanged. The exercise of such an option will not entail any penalty for the Customer, only the shipping costs will be charged to the Customer.
If the above-mentioned conditions are met, Movida will refund the Customer the total amount of his order, except for the shipping costs, within 14 days from the receipt of the Products by Movida.
However, in accordance with Article L. 121-202 of the French Consumer Code, the right of withdrawal, as well as any request for reimbursement, cannot be exercised when the Product has been manufactured, modified, adjusted (resized) or personalized at the request of the Customer. Commercially, Movida will accept to transform, modify, adjust (resize) or personalize the product a second time on your request made at email@example.com for a quote communicated to the Customer in advance.
Movida may exchange products ordered on the www.movida.today website within 14 working days of receipt of the order by the customer. This exchange is made by post.
To do this, products must:
be in their original condition (not worn on a daily basis, not damaged or altered by misuse) be presented in their original packaging with their purchase invoice be free of any inscription or personalized engraving
Movida does not accept any responsibility for the technical functioning of its Site, and does not guarantee the total absence of viruses or other harmful elements on its Site and on the servers that allow access to it. If the use of the Site or its contents causes the user to suffer damage that requires him/her to repair or replace equipment, materials or databases, Movida shall not be liable for the costs of such operations. In general, all the information contained on the Site is provided "as is" and "accessible depending on the availability of the Site".
Movida declines all responsibility:
for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information published on the Site.
All our Products are covered by the legal warranty as stated in the attached articles, provided that they have been used normally and that the maintenance instructions have been followed.
Warranty against hidden defects
All Products benefit from the guarantee against hidden defects (articles 1641 and following of the Civil Code as recalled by the articles reproduced in the appendix), allowing the Customer to return the Products delivered defective or not in conformity.
- PROTECTION OF PERSONAL DATA
The applicable law on the protection of personal data in force is the LAW No. 2018-493 of June 20, 2018.
- Cookies and privacy
- PROOF, CONSERVATION AND ARCHIVING OF TRANSACTIONS
Movida recommends to the Customer to keep a paper trace or on a reliable data-processing support, all data relating to its order.
The computerized registers, kept in Movida's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties.
The archiving of the invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy.
- INTELLECTUAL PROPERTY
The Site is owned and operated by Movida. All the elements that make up the Site, including the graphic charter, domain name, texts, comments, photos, videos, brands, graphics, concept, illustration, images and all other distinctive signs that appear on the www.movida.today site are protected by the legislation in force on intellectual property and copyright, for which Movida holds the rights.
Any unauthorized exploitation of the site or its contents would constitute an infringement punishable by articles L. 335-2 and following of the Code of Intellectual Property.
- MAJOR FORCE
Movida shall not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance results either from the Customer, or from an unforeseeable and insurmountable act of a third party to the contract, or from a case of force majeure as defined by the jurisprudence of the French courts, including in particular total or partial strikes, in particular of the postal services and means of transport and/or communications.
Movida will notify the Customer of an event constituting force majeure within 5 working days of its occurrence.
The Parties agree to consult each other as soon as possible in order to determine the methods of processing the order during the period of force majeure.
After a period of 30 days of interruption due to force majeure, the Parties will be released from their obligations towards each other. If necessary, Movida will reimburse the Customer as soon as possible. War, riot, fire, strikes, accidents and the impossibility of being supplied are considered as cases of force majeure discharging the seller from his obligation to deliver. In this case, the refund in the shortest possible time will be required. Always check your package upon arrival. You have 48 hours to make any reservations with the carrier in case of missing or damaged.
- APPLICABLE LAW AND DISPUTE RESOLUTION
The present general conditions of sale are subject to French law.
The present contract is subjected to the French law. Movida cannot be held responsible for damages of any kind, whether material or immaterial or physical, which could result from a malfunction or misuse of the products sold. It is the same for the possible modifications of the products resulting from the manufacturers. Movida's responsibility will, in any case, be limited to the amount of the order and will not be held responsible for simple errors or omissions that could have remained despite all the precautions taken in the presentation of the products. In case of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution in particular with the assistance of: a professional association of the branch, an association of consumers or any other council of his choice. It is reminded that the search for an amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee. Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the one who takes the trouble to expose his situations. In the event of a dispute, the customer will first contact the company to obtain an amicable solution. Failing that, the Court of First Instance shall have sole jurisdiction, regardless of the place of delivery and the method of payment accepted. In case of dispute, the French courts will have exclusive jurisdiction.