ARTICLE 1: OBJET
These Buyer's General Conditions of Sale and Use govern all use of the services accessible from the site www.goodmoods-editions.com (hereinafter “the Site”), published by the company Goodmoods SAS with registered capital of € 22,000. under the unique number 810 696 914, whose head office is located at 35 rue de Chartres, 92 200 Neuilly sur Seine.
The terms used in the Conditions will have the meaning given to them below:
Buyer: natural person acquiring Products through the Site
Order: Buyer's purchase order for one or more Products and accepted by the Seller in application of the Conditions.
Product: good offered for sale on the Site by Goodmoods
Site / shop: Internet site accessible at www.goodmoods-editions.com on which Goodmoods offers the Products for sale.
Any order placed on the Site entails the unconditional acceptance by the Buyer of these conditions. These general conditions may be modified at any time and without notice by Goodmoods, the conditions applicable being those in force on the date of the order by the Buyer.
ARTICLE 2: PRODUCTS AND CONFORMITY
2.1. The Buyer has for each Product a description containing the essential characteristics of the Product concerned.
2.2. Items such as photographs, text, graphics, as well as all information and characteristics illustrating and / or accompanying the Products are not contractual, which the Buyer acknowledges.
ARTICLE 3: OBLIGATIONS OF THE PURCHASER
3.1. The Purchaser undertakes to communicate to Goodmoods the actual and necessary elements of information for the transaction subject to these conditions as requested online and according to his situation, in particular his name, first name, address, telephone and e- valid mail.
The Buyer is responsible for the consequences arising from false or inaccurate information transmitted or the recovery of which would be illegal.
3.2. Once the order has been placed, Goodmoods sends the Buyer an e-mail confirming it within 7 days.
ARTICLE 4: PRICE, AVAILABILITY AND DELIVERY
4.1. The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other applicable taxes), excluding shipping costs, participation in order processing costs and packaging costs.
Prices are firm, without discount, discount or rebate.
These prices can be modified at any time by Goodmoods. The prices displayed are only valid on the day of the order and have no effect for the future. The price applicable to the Buyer is that in effect at the time of the order.
Shipping costs, participation in order processing costs and packaging costs will be indicated in the Buyer's basket, before the final validation of the order.
4.2. Goodmoods reserves the right to cancel or refuse an order in the event of a dispute with the Buyer on a previous order.
4.3. The Products are offered for sale within the limits of available stocks. Goodmoods informs the Buyer of the availability of the Products sold on the Site at the time of the order confirmation.
If, despite the vigilance of Goodmoods, the Products are unavailable, Goodmoods will inform the Buyer by e-mail as soon as possible.
The permanent or temporary unavailability can in no way engage the responsibility of Goodmoods, nor can it give rise to any right to compensation or damages in favor of the Buyer.
In the event of temporary unavailability of a Product, Goodmoods will inform the Buyer of the new deadlines. In the event of permanent unavailability, the Buyer's order will be canceled automatically and will be refunded no later than thirty (30) days of payment of the sums he has paid.
4.4. The Buyer expressly declares that he has all the necessary authorizations for the use of the payment method when validating his order. He also undertakes to ensure his solvency before any order, as Goodmoods is unable to proceed with the delivery of the Products ordered. In the event of insolvency, Goodmoods further reserves the right to suspend or cancel any order or delivery in the event of non-payment or cancellation of payment.
Delivery times are indicated on the Site and may vary depending on the nature and availability of the products ordered.
The products are shipped with the delivery slip, to the delivery address specified by the Buyer when ordering.
In the event of late delivery, the order is not canceled. Goodmoods informs the Buyer by email that the delivery will be delayed. The Buyer can then decide to cancel the order.
In order for these deadlines to be respected, the Purchaser must ensure that they have communicated exact and complete information concerning the delivery address (such as, in particular: street, building, staircase number, access, names and / or intercom numbers, floor, etc.).
Goodmoods cannot be held responsible for the consequences due to a delay in delivery if proof is reported that the non-performance or poor performance of the contract is attributable either to the Purchaser, or to the unforeseeable and insurmountable fact of a third party to the contract. , or a case of force majeure.
In the event of a delivery requiring an appointment with the Buyer, Goodmoods shall not be responsible for any delay or inability to deliver due to the repeated unavailability of the Buyer.
In the event of damaged packages (already open, missing products, etc.), the Buyer agrees to notify Goodmoods, by all means, of any reservations within 24 hours of receipt of the product.
4.6. Delivery of the products will be made to the address indicated by the Purchaser, on the ground floor only, by means of a vehicle that can reach the size of a semi-trailer truck. Additional charges may apply for upstairs delivery. By validating his order, the Buyer agrees to guarantee the accessibility of the place of delivery to the vehicle defined above and to be present on the day and at the time set for delivery.
For this purpose, the Buyer also agrees to provide a valid telephone number and accepts that this number be communicated to the carrier in order to agree on the date and time of delivery.
ARTICLE 5: PAYMENT
The payment is secure. Payment will necessarily be made by credit card via the secure Stripe portal. The bank cards accepted are those of the Carte Bleue, Visa, Eurocard / Mastercard networks.
The transaction is immediately debited from the Buyer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Buyer.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his bank card, the Buyer authorizes the Seller to debit his bank card for the amount corresponding to the all-inclusive price.
To this end, the Buyer confirms that he is the holder of the bank card to be debited and that the name on the bank card is indeed his. The customer communicates the sixteen digits and the expiration date of his credit card as well as, if applicable, the numbers of the visual cryptogram.
In the event that the debit of the all-inclusive price would be impossible, the online sale would be immediately terminated automatically and the order would be canceled.
ARTICLE 6: EXCHANGES AND RETURNS OF PRODUCT (S) - RIGHT OF WITHDRAWAL
The Purchaser has a period of fourteen (14) clear days from receipt of an item purchased on the Site to exercise the return (DELIVERY COSTS ARE THE CHARGE OF THE BUYER).
To exercise the right of withdrawal, the Buyer notifies Goodmoods of its decision to withdraw from this contract by means of an email sent to the following address: firstname.lastname@example.org.
If the return request is validated by Goodmoods, Goodmoods will then send it an email explaining the return procedure.
The Product must be returned within one week in its original packaging, in its original condition and accompanied by the invoice (or a copy) to the address indicated in the email explaining the return procedure.
The return will be made according to the original shipping method. It will be up to the Buyer to keep any proof of return. The return costs are the responsibility of the Buyer, who is free to choose the mode of shipment.
In the event of an error attributable to Goodmoods (order preparation error), Goodmoods bears the cost of returning the item. The Buyer shall forward the carrier's invoice to Goodmoods to obtain compensation.
If the item is not returned by the Buyer within one week of receiving the return authorization email, the return is considered canceled and the Buyer must keep the product.
The returned Product will be refunded within a maximum period of fifteen (15) days from its receipt by Goodmoods. The refund does not include the cost of the return. The amount to be refunded will be credited to the Buyer's bank account via the payment method used when ordering.
If the Buyer fails to comply with these conditions, in particular the return conditions, Goodmoods cannot reimburse the Products concerned.
ARTICLE 7: TRANSFER OF RISKS
Any risk of loss or damage to the products is transferred to the Buyer when the latter or a third party designated by him, and other than the carrier, takes physical possession of these goods.
Consequently, it is the Buyer's responsibility to open the package upon receipt in order to check its condition.
In the event of damage to the goods related to transport, the Purchaser must state their observations on the carrier's delivery note.
At the same time, the Buyer must inform Goodmoods by email (email@example.com) as soon as possible.
Goodmoods then undertakes to replace, at its expense and as soon as possible, the product damaged during transport.
ARTICLE 8: GUARANTEES AND RESPONSIBILITY
Goodmoods cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with law and case law.
ARTICLE 9: FORCE MAJEURE
In the event of an event of force majeure, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.
Expressly, are considered as force majeure or fortuitous event, the cases usually retained by the jurisprudence of the French courts and tribunals. All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event lasts for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
ARTICLE 10: GENERAL PROVISIONS
10.1. Partial invalidity of a clause
If any of the provisions of these conditions is declared null or not enforceable by a competent court, it will be declared unwritten and will not invalidate the other provisions.
These general conditions may be modified at any time and without notice by Goodmoods, the conditions applicable being those in force on the date of the order by the Buyer.
These general conditions of sale are permanently accessible at the following address: https://www.thesocialitefamily.com/cgv.html in a computer format allowing their printing and / or downloading, so that the Buyer can reproduce or save them.
10.3. Applicable law - Competent court
These general conditions are subject to French law as regards both substantive and formal rules. Any dispute must be the subject of a prior attempt at amicable settlement.
10.4. : Reproduction of applicable texts (order 2005-136 of February 17, 2005, Consumer Code, Civil Code)
Art. L. 211-4. of the Consumer Code
The Seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Art. L. 211-5. of the Consumer Code
- To be in conformity with the contract, the good must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the Seller and possess the qualities that the latter has presented to the Buyer in the form of a sample or model;
- have the qualities that a Customer can legitimately expect given the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between 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.
Art. L. 211-12. of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the goods.
Art. 1641 of the Civil Code
The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Buyer has not acquired it, or would have given a lower price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from crippling defects must be brought by the purchaser within two years of the discovery of the defect.