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Conditions d'utilisation


This site is published by the company Mymosaa sarl whose head office is located at 16, rue Jeanne d'Arc 78 100 Saint_Germain-en-Laye (France), registered in the Trade and Companies Register of Versailles 912 844 735

 

The conditions set out below define the rights and obligations of the company Mymosaa sarl as well as of the buyer, hereinafter referred to as "Customer".
Only non-trading natural persons are considered buyers.
The customer declares to have the legal capacity to conclude this contract, that is to say to have the legal majority and not to be placed under a legal or conventional protection regime, according to article of law 1146 of the Civil Code.

The site www.mymosaa.com reserves the right to change these conditions at any time, without notice. However, any changes will be mentioned in these general conditions of sale.  

 

ARTICLE 1: FORMATION OF THE CONTRACT

 

The formation of the contract between Mymosaa sarl and the Customer occurs at the time of the order confirmation. This order confirmation summarizes the details of the order and serves as a contract between the Customer, Mymosaa sarl and the website  www.Mymosaa.com.

All products referenced on the mymosaa website are available for delivery to all countries served by La Poste. 

 

ARTICLE 2: TERMS OF ORDER

2-1) Online sales:

The site www.mymosaa.com allows you to order from Mymosaa sarl a selection of products selected from designers immediately online via the internet for delivery in all countries served by La Poste. The ordering process is as follows: the Customer can at any time add a product to the basket by clicking on "add to basket" via the product sheet. The product is then added to the basket and the Customer can continue his visit to the site to add other products. The Customer has visibility on the contents of the basket with the prices and product characteristics by clicking on "see my basket". He can then finalize his order by clicking on “pay for my purchases”.
For an order to be fully validated, the Customer must identify himself clearly by creating a customer account where he must enter his surname, first name and email address which are exclusively personal to him.
To finalize his order, the Customer must have validated the general conditions of sale, as well as the confidentiality policy by ticking the box provided for this purpose; he must give his billing and delivery details; he must choose the method of delivery of his order; he must select his means of payment; he must then validate the order. The order is validated once all the fields have been completed by the customer.
To avoid any error, Mymosaa sarl recommends its Customers to carefully check the content of their order (product, price, option) before confirming it, it will be possible for the Customer to renew this verification during the receipt email validating the order. . The Customer will have access to his order via his personal space on the site in the “history and details of my orders” tab.
Mymosaa sarl reserves the right to refuse, cancel and terminate orders at any time for legitimate reasons. For example in the event of an ongoing dispute concerning the payment of a previous order or if Mymosaa sarl suspects a violation of the general conditions of sale or for any attempt at fraud. 

 

Pre-order

 

Once your pre-order has been placed, it is no longer possible to make changes such as the quantity or size of a ring. Your order also cannot be canceled except for a force majeure delay in delivery.
According to article L121-20-2 of the consumer code, the seven-day right of withdrawal cannot be exercised insofar as the customer's order involves the execution of the manufacture of the jewel.
When you place a pre-order, we ask you to pay 100% of the total price of the jewel as well as the delivery costs.
When we receive your jewel, we send you an email notification to let you know that your jewel is ready and confirm your delivery address.
It is important to keep in mind that a pre-order requires a waiting period between the moment the order is placed and the moment you receive your jewel. This period can vary from a few days to several weeks depending on the jewel ordered. An estimated delivery window is indicated on the product sheet of each jewel.

 

 

 

 

ARTICLE 4 : PRICE

 

The prices indicated on the site are expressed by default in euros all French taxes included (TTC), on the basis of the French value added tax (VAT) at 20%, excluding transport costs.
Mymosaa sarl reserves the right to change prices without notice.
The products remain the property of Mymosaa sarl until full payment of the price.

The total amount owed by the Customer is the amount indicated during the order confirmation.
The total amount of the basket in step 1 is given as an indication, with a predefined delivery method.
The total price will be notified on the order when choosing the delivery method in step 4 “Delivery”.
Step 5 "Payment" allows you to choose the method of payment desired by the Customer, the amount indicated at this step is the total amount of the order including shipping costs.

Upon receipt of an order confirmation, an order invoice will be available in the "my account" area upon confirmation of the order by the Customer. This will include a summary of the products as well as the total price paid and debited. 

 

ARTICLE 5 : PAYMENT

 

Any item purchased on the www.mymosaa.com site can be paid for by credit card.
In the event of payment by credit card, the debit is made at the time of validation of the order, after confirmation by the bank issuing the card. In accordance with the recommendation of the CNIL, they are secured by highly secure pages for entering payment data: card number, expiry date and visual cryptogram (PCI DSS standard). This platform encrypts then transmits this payment data to the bank, in complete confidentiality and makes it inaccessible to a third party.
If the bank refuses, the order will be automatically cancelled. At no time does the Customer's bank details pass through the computer system of Mymosaa sarl.

 

ARTICLE 6 : DELIVERY AND SHIPPING

 

Mymosaa sarl delivers the product(s) ordered to the delivery address indicated by the Customer in the “Address” step of his order. It is imperative for the Customer to verify its accuracy. Any reshipment due to inaccurate address will be the responsibility of the Customer. It is important to carefully specify the address (building, staircase, code, etc.).

For reasons, in particular security, Mymosaa sarl will not process any order for which a post office box or a Cedex address is provided.

 

Delivery costs are calculated according to the delivery method chosen by the Customer when ordering at the “Delivery” stage.

Orders in mainland France are invoiced at €6.95 for delivery by Colissimo with signature and delivery is free for purchases over €80 including tax. For orders outside metropolitan France, contact us at anouk@mymosaa.com for confirmation of shipping costs.

All orders are processed by Mymosaa sarl in 2 to 3 working days, the Customer receives an email when their order is dispatched containing the order tracking number, allowing the Customer to locate their package and follow its progress via the carrier's website.

The delivery times quoted are indicative.
In mainland France, the delivery time cannot exceed 15 days from receipt of the order confirmation email. The delivery time is approximately 1 to 5 working days. However, Mymosaa sarl cannot be held responsible for delays due to the carrier.

 

Defects or delays exceeding 10 days must be reported to anouk@mymosaa.com. Any complaint made after 15 calendar days after the date of validation of the order cannot be taken into account. The goods must be checked and their conformity controlled in the presence of the delivery person. Any anomaly noted (open package, damaged product, etc.) must be indicated on the delivery person's voucher and reported to customer service by email.

 

ARTICLE 7 : RIGHT OF WITHDRAWAL

 

In accordance with the provisions of article L.121-21, L.121-21-1, L.121-21-2 of the Consumer Code, the customer who is not satisfied with his order has a withdrawal period of 14 days after receipt of the goods to request a refund and 30 days to make an exchange.

The Customer does not have to provide any particular reason to use his right of withdrawal.

To return the products, the Customer must complete the return form, which will have been sent to him after contacting customer service by email anouk@mymosaa.com. The form must be completed with the surname, first name, address, order number, as well as the exact list of products to be returned and a complete and detailed explanation of the return.
This form will be attached to the package that the Customer will return with the products.
If the Customer decides to return several items from the same order, it is imperative that all the products are returned together.
The return costs remain the responsibility of the Customer.
Any returned product must be in its undamaged and unworn condition in its original packaging. If the returned product is damaged, it will be returned to the Customer at his expense.
The Customer has the choice between a refund or a credit note.


The Customer will be refunded the amount of the order concerning the returned product as well as the initial delivery costs, namely standard delivery (letter followed at 5 euros) in accordance with the Hamon law in force since June 2014 "The professional is not required to reimburse the additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the professional” , no later than 14 days after exercising the right of withdrawal.


 

ARTICLE 8 : RETURNED PRODUCTS

 

To return a product, you must first contact Mymosaa ( anouk@mymosaa.com ) to indicate the reason for the return. After agreement between the two parties, the Customer must return the product at his own expense.

If the return is due to an error on the part of Mymosaa (reference, size, hidden defect, etc.), Mymosaa sarl undertakes to reimburse the standard delivery costs and to reship a new product at his expense. The Customer may also request a full refund of the product and delivery costs.
Subject to the agreement of Mymosaa sarl, the Customer can choose between an exchange or a refund; the exchange can be on the same product or on a different product. If there is a price difference between the two products either the Customer will have to pay the difference or Mymosaa sarl will credit the difference.

Any returned product must be in its undamaged condition, unworn and in its original packaging. If the product concerned does not comply with these conditions, the product will be returned to the customer at his expense.


You can thus make your return request by email to anouk@mymosaa.com.
We will tell you the procedure to follow for product returns. 

 

ARTICLE 9 : WARRANTY

 

Mymosaa sarl offers you a commercial guarantee of 1 year, it applies to all jewelry. The jewel is guaranteed against all manufacturing defects for a period of 1 year from the date of purchase. This warranty is valid under normal use of the product.

Are excluded from the warranty: defects resulting from accidents, improper or abusive handling or use (such as shocks, marks of blows, crushing, exposure to corrosive agents), as well as the consequences of acidity of the skin, wear and normal aging of the jewel.

On the other hand, all defective parts due to a manufacturing defect duly noted by our Customer Service will be repaired or replaced.
For the Customer to benefit from his guarantee, he must have the purchase invoice for the jewel.

If the Customer encounters a problem during this warranty period, the Customer must contact customer service at the following address: anouk@mymosaa.com to find out how to return and find an appropriate solution.
When returning the product by the Customer, it is necessary to protect and carefully place the product(s) in their original packaging to be sent to customer service, accompanied by the invoice.

 

 

ARTICLE 1 0 : RESPONSIBILITY

 

The company Mymosaa sarl cannot be responsible for events preventing the proper performance of the contract and which would be attributable to the customer, to a third party to the contract or to a case of force majeure. Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, strikes of all kinds and supply problems of Mymosaa sarl.
In addition, the information contained in the site may contain technical inaccuracies or translation or typographical errors and www.mymosaa.com cannot be held responsible for them. Mymosaa sarl is not responsible for the use of other sites to which customers can access via links on www.mymosaa.com.

If a condition proves to be illegal or is considered invalid, this will not result in the invalidity of the other conditions.

 

 

ARTICLE 1 1 : APPLICABLE LAW

 

Sales concluded with mymosaa via the website www.mymosaa.com are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action. Otherwise, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of common law. 

 

ARTICLE 1 2 : INTELLECTUAL PROPERTY

 

The company Mymosaa sarl is the owner of the site www.mymosaa.com. In addition the graphics, the texts, more generally everything that makes up the site www.mymosaa.com are the property of the company Mymosaa sarl or its suppliers. All other graphics appearing on the jewelry and the website www.mymosaa.com belong to the company Mymosaa sarl or its suppliers and may not be reproduced. Photos and diagrams representing the products may not be reproduced.

All names, logos, brands and titles used on this site are registered trademarks or registered names of their owners.

It is also recalled that all the drawings, models and plans belong to Mymosaa sarl or its suppliers who benefit from an artistic property right on all of its products.
The Customer declares to recognize that any counterfeiting, of the trademark, of the drawings or model or other graphics, may be sanctioned by criminal and/or civil convictions at the discretion of Mymosaa sarl or its suppliers.

 

ARTICLE 1 3 : PERSONAL DATA

 

All the information requested on the www.mymosaa.com site when placing an order or registering for the newsletter is as follows: name, address, email, telephone number and Customer number.

In addition, certain information will be collected when browsing the www.mymosaa.com site via cookies (login cookies).

This personal information is used only within the framework of the exercise of the site www.mymosaa.com, in order to guarantee a better follow-up of the orders and an improvement of the services. Mymosaa sarl undertakes not to provide this personal information to any third-party organization without the Client's prior agreement.

The Customer may at any time exercise his rights of access, rectification and refusal to process personal data, in accordance with Articles 38, 39 and 40 of the law relating to data processing, files and freedoms. For this you must contact us at the following address: anouk@mymosaa.com.

It is also possible to unsubscribe at any time from the newsletter or our mailings.

 

ARTICLE 1 4 : CUSTOMS

 

Any order placed on the site and delivered outside Metropolitan France may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of an item are the responsibility of the Customer and are his responsibility. Mymosaa sarl is not required to check and inform its Customers of applicable customs duties and taxes. To know them, it is up to the member to inquire with the competent authorities of his country.

The language of these general conditions of sale is French. This contract is subject to French law. And in the event of a dispute with a Customer, the French courts will have sole jurisdiction. 

PROVISIONS RELATING TO LEGAL GUARANTEES

Article L211-4 of the Consumer Code

The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

 

Article L211-5 of the Consumer Code

To be in conformity with the contract, the good must:
- Be fit for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Article L211-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

 

Article L211-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

 

Article 1641 of the Civil Code

The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.

 

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.