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The purpose of these general conditions is to define the conditions under which the company mooq (hereinafter “mooq”) sells mooq brand products (“Products”) offered for sale on the site www.mooqtrees.com (“the Site”).
These General Conditions are accessible at any time on the Site. The Customer declares to have read these General Conditions and to have accepted them by ticking the box provided for this purpose during the procedure for ordering the Products.
These General Conditions may be subject to change at any time, the applicable version is the one in force on the Site on the date the order is placed.
The Products are made by hand and from natural materials, in particular wood.
As such, the Products may present differences in colors between the various parts that compose them without this constituting a defect or non-conformity. Since wood is a natural and living material, it is not possible to guarantee uniformity in color and rendering of the components of the product.
It is specified that the Products are not made of wood that supports outdoor use. Thus, the Products must imperatively be stored and used at a temperate temperature and at a humidity level adequate to a dry environment. Any use outside a home or a closed place is therefore to be avoided.
It is specified that the Products are intended for the personal use of the Customer. mooq reserves the right to refuse orders for a Product in large quantities.
By clicking on “validate your order” at the bottom of the summary page of his order, the Customer performs a “validation click”, which constitutes an irrevocable commitment, which can only be called into question in the cases limitatively provided for in these General Conditions.
The Customer will receive by email an acknowledgement of receipt confirming the order, on which will appear all the components of the contract (products ordered, prices, delivery times, shipping costs, etc.).
It is recommended to keep this acknowledgement of receipt, which constitutes proof of the order. mooq reserves the right to refuse any order in the event of a dispute relating to a previous order.
The information provided when placing an order must be accurate, complete and up to date: in the event of an error in the wording of the Customer's contact details, mooq cannot be held responsible for the impossibility of delivering the Product, errors or delay in delivery.
Product offers are valid as long as they are visible on the Site within the limit of stocks available on the day the order is prepared.
In the event of unavailability of a Product after the order, mooq will inform the Customer as soon as possible so that the Customer can, at its discretion, either accept to be delivered later, or be reimbursed under the conditions referred to.
The Products ordered by the Customer will be delivered by La Poste to the address indicated by the Customer when ordering.
The delivery times announced on the Site apply from the receipt of the order confirmation email sent by mooq.
The Products are supplied at the rates in force appearing on the Site when the order is registered by mooq.
Prices are indicated in euros. They do not take VAT into account under article 293 B of the CGI.
In the event of a change in the VAT regime, a change may be reflected in the selling price of the Products.
They do not include the delivery costs that appear on the order summary screen, except for Metropolitan France where shipping costs are free and therefore included in the price displayed in store.
Payment of the full price is due upon validation of the order.
The Customer pays for his order by bank card using the form provided for this purpose on the site.
In accordance with the legal provisions in force, the Customer has a period of fourteen days (14) from the date of receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in perfect condition within fourteen (14) days following notification to mooq of the Customer's decision to withdraw.
Returns must be made in the original packaging or, failing that, in equivalent packaging.
The Products must be accompanied by the purchase invoice.Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised by a letter in LRAR to mooq informing it of its desire to exercise its right of withdrawal.
In case of exercise of the right of withdrawal within the above period, only the price of the Product (s) purchased and the standard delivery costs are reimbursed, the return costs remaining the responsibility of the Customer.
The exchange (subject to availability) or the refund, at the discretion of the Customer, will be made within fourteen (14) days from receipt by mooq of the Products returned by the Customer under the conditions provided for in this article.
The refund will be made by bank transfer.
The Products offered for sale comply with the regulations in force in France.
The Products supplied by mooq benefit automatically and without additional payment, in accordance with legal provisions,
- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or that do not correspond to the order under the conditions and deadlines provided for in articles L.211-4 and following of the Consumer Code
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use, under the conditions and deadlines provided for by articles 1641 and following of the Civil Code.
When acting on the basis of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the Product to act;
- can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L. 211-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the six months following its delivery.
In the event that the action based on the guarantee of hidden defects in the item sold is brought by the Customer under the conditions provided for in articles 1641 and following of the Civil Code, the latter may request either the resolution of the sale, or a reduction in the selling price in accordance with article 1644 of the Civil Code.
mooq will refund or replace Products found to be non-compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the finding by mooq of the lack of conformity or hidden defect. The refund will be made by credit to the Customer's bank account or by bank check sent to the Customer.
Commercial and legal guarantees of compliance cannot be implemented and mooq cannot be held liable in the following cases:
- non-compliance with the conditions of use of the Products
- unsuitable use of the Products
- minimal non-conformity of the Products linked to their artisanal nature (e.g. variation in wood color,...)
mooq cannot be held responsible and no compensation may be requested from it for delays in the delivery of the Product or for harmful consequences due to cases of force majeure as defined by the case law of French courts and tribunals.
mooq declines all responsibility in the event of direct and indirect damage caused to Customers, regardless of their nature, resulting from the use of the Product.
The entire Site and each of its elements are subject to intellectual property legislation, in particular copyright, designs and models, trademarks, domain names, software or databases... (without this list being exhaustive).
As such, all reproduction, representation and public communication rights are reserved.
The reproduction of all or part of the content is only authorized for the exclusive purposes of information for personal and private use.
Any link set up to the Site must be the subject of prior written authorization from mooq. mooq declines all responsibility for the content of these links. In any case, hypertext links to the Site must be removed at the first request of mooq.
mooq collects the personal data necessary for the management of the order.
This data may also be used by mooq to communicate various information, in particular commercial information (newsletters, email,... etc.) subject to the prior acceptance of the Customer.
The data collected may also be used for technical and statistical purposes, as part of the administration of the Site (frequency of consultation of the site, sales statistics, etc.).
They may be communicated at the injunction of a court, judicial or administrative authority.
In accordance with the provisions of the Data Protection Act of January 6, 1978 as amended, the Customer may at any time oppose the use of data concerning him.
The Customer has the right to access, modify or delete data concerning you by sending a letter to: mooq, 58, Route de la Croix-Métra, 69620 Bagnols, or an email to contact@mooq.co
Les données enregistrées par mooq constituent la preuve de l’ensemble des transactions passées entre mooq et ses Clients.
Les données enregistrées par le système de paiement constituent la preuve des transactions financières.
De convention expresse entre mooq et le Client, les courriers électroniques feront foi entre les parties de même que les systèmes d’enregistrement automatiques utilisés sur le Site, notamment quant à la nature et à la date de la commande.