Terms of sale
THESE GENERAL TERMS OF SALE AIM TO DEFINE THE RULES APPLICABLE TO THE ORDER OF ITEMS OFFERED BY THE COMPANY MOUNIA PARIS, OPERATOR OF THE GEODE BRAND. THEY ARE VALID FROM JANUARY 8, 2024, FOR ANY ORDER PLACED FROM THIS DATE.
THE CUSTOMER CAN SAVE THESE GENERAL TERMS, IT BEING SPECIFIED THAT AS LONG AS THE SAVING IS SOLELY HIS RESPONSIBILITY, THESE GENERAL TERMS OF SALE MAY UNDERGO MODIFICATIONS.
IN THIS CASE, THE CONDITIONS APPLICABLE TO THE CONTRACT ARE THOSE IN FORCE ON THE SITE ON THE DATE OF THE ORDER.
THE CUSTOMER DECLARES TO HAVE THE FULL LEGAL CAPACITY TO COMMIT UNDER THESE GENERAL TERMS.
SUMMARY
1. General Information
2. Characteristics of the Products
3. Customer Account
4. Order
5. Delivery
6. Financial Conditions
7. Withdrawal
8. Complaints, Exchanges, and Refunds
9. Guarantees and Liability
10. Intellectual Property
11. Personal Data
12. Miscellaneous
1. GENERAL INFORMATION
This site www.geodeparis.com (hereinafter, the "Site") is published by the company MOUNIA PARIS, a limited liability company registered under number 844973784, with its registered office at 2 rue Jean Mermoz, 75008 PARIS 8, France, for the purpose of offering for sale various objects and decorative pieces, namely perfume bottles, empty pockets, trays, lamps, vases, boxes, and bowls (hereinafter the "Pieces").
The items on the Site are made to order and distributed in accordance with current French legislation.
These General Terms of Sale (hereinafter, the "GTS") govern the conditions relating to the order of the Pieces from the company Mounia Paris (hereinafter, the "Seller") by the customer, a natural person (hereinafter, the "Customer").
Subject to partnerships concluded with certain hotel establishments (hereinafter, the "Professionals"), they can place customized orders on the Site, in accordance with the conditions set out in Annex 1 (see "Specific Conditions for Partner Companies")
2. PRODUCT CHARACTERISTICS
The Pieces manufactured and marketed by the Seller are perfume bottles, empty pockets, trays, lamps, vases, boxes, and bowls.
These Pieces are made from molds and then undergo a handmade sculpting and polishing process.
In the case of a special order, especially placed by Professionals, the Pieces can also be personalized according to the specifications and needs of the Professional.
Slight variations in color, surface, or size are inherent to the nature of the materials used and the handmade sculpting and polishing process. They contribute to the unique character of the completed Piece.
It is important to note that the models are presented on the Site as examples and have no contractual value.
The Seller will do its best to present the Pieces offered for sale as faithfully as possible. However, it does not guarantee that the colors reproduced on the Site are exactly the same as those of the pieces presented physically or delivered to the Customer.
3. CUSTOMER ACCOUNT
Creation of the Customer Account. To place an order on the Site, the creation of a customer space (hereinafter, the "Customer Account") is required.
Customers with a Customer Account can benefit from features such as order tracking, management of delivery information, order history, and exclusive offers through the receipt of promotional emails.
The Customer can unsubscribe from the mailing list for these promotional emails at any time.
The creation of a Customer Account is reserved for individuals aged sixteen (16) or older. However, the Site may be accessible to individuals under the age of sixteen (16), under the control of an adult with parental authority.
Information to provide. Customers are required to provide personal information (name, first name, valid email address, postal code, date of birth, password), which will be processed in accordance with the Site's Privacy Policy, available at the following address: https://géodeparis.com/pages/privacy-policy.
Once the registration is validated, the Customer can log in using their email address and password.
The Customer agrees to fill out the registration form correctly, and in particular to provide only accurate, up-to-date, and complete information.
In particular, the Customer agrees not to use a pseudonym or invalid email address that could infringe on the rights of third parties (use of the surname, trademark of others, or works protected by copyright and/or neighboring rights) for any reason and on any grounds.
The Seller reserves the right to refuse and/or require correction of the pseudonym or any other information provided. The validation of the Customer Account may be subject to the confirmation of the email address, through an email sent to the provided email address.
Account Deletion.
The Customer can delete their Customer Account at any time by making the request from their Account or at the following email address: contact@géodeparis.com
The Seller reserves the right to suspend or close the Customer Account in the following cases:
* Fraudulent use of the Customer Account or email address for identification;
* Serious breach of any of the obligations provided for in these GTS.
The deletion of the Customer Account results in the deletion of all data of the Customer held by the Seller.
4. ORDER
Order Process. The Customer places their order online via the Site by first selecting the Pieces they wish to purchase (hereinafter, the "Order"), following the instructions necessary to open a Customer Account, and providing information regarding delivery and payment.
Once the payment is made, the Customer receives an email confirming the acceptance of the payment, acting as an invoice, and containing the various elements of the Order.
The Customer will then receive by electronic means, the confirmation of the shipment of the Order. The sale will only be considered final after the Customer receives this confirmation of shipment.
The Seller reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute concerning the payment of a previous order or for any other legitimate reason, in particular, the existence of the grounds mentioned in Article 7 of these GTS.
Modification of Order. Once the Order has been confirmed, no modification of the Order is possible. The Customer may, however, exercise their right of withdrawal, as mentioned in Article 7 of these GTS.
Professional Orders. Professionals may place customized orders on the Site, subject to the conditions set out in Annex 1.
Order Validity Period. Each Order is valid for a period of seven (7) days from the date of confirmation of the Order. After this period, the Order is automatically canceled. The Pieces are made to order, and the sale is considered final upon confirmation of shipment, as mentioned above.
Prices. The prices of the Pieces are indicated on the Site in euros, all taxes included, excluding delivery costs. The delivery costs are specified when placing the Order and are the responsibility of the Customer, unless otherwise indicated on the Site. The total amount of the Order, including taxes and delivery costs, is indicated before the final confirmation of the Order by the Customer. The prices of the Pieces and delivery costs can be modified by the Seller at any time. The applicable prices are those in effect on the Site on the date of confirmation of the Order by the Customer.
5. DELIVERY
Delivery Zone. The Seller delivers the Pieces to the delivery address indicated by the Customer when placing the Order. The delivery can only be made within the geographical area defined in Annex 2 (see "Delivery Zones").
Delivery Times.
The delivery times are indicated on the Site when placing the Order. These times are indicative and may vary depending on the delivery area. The Seller undertakes to make its best efforts to deliver the Pieces within the time specified when placing the Order. However, delivery delays do not give rise to penalties or damages, and the Customer cannot cancel the Order on this ground. If the Pieces are not delivered within thirty (30) days from the date of confirmation of the Order, for any reason other than force majeure or the fact of the Customer, the sale may be canceled at the Customer's request under the conditions provided for in Articles L.216-2, L.216-3, and L.241-4 of the French Consumer Code.
Delivery Costs. The delivery costs are the responsibility of the Customer and are indicated when placing the Order. The total amount of the Order, including taxes and delivery costs, is indicated before the final confirmation of the Order by the Customer.
Delivery Methods. The delivery is made by an external carrier or by the Seller's internal logistics department. The delivery methods are specified when placing the Order.
Verification of the Pieces upon Receipt.
Upon receipt of the Pieces, the Customer must check the conformity and condition of the delivered Pieces. In the event of non-compliance or apparent defects, the Customer must mention them on the delivery note and refuse the delivery.
In the absence of a specific mention of non-compliance or apparent defects on the delivery note, the Pieces are considered accepted by the Customer, who can no longer dispute their conformity or condition.
Transfer of Risks. The risks of loss or damage to the Pieces are transferred to the Customer when they or a third party designated by them, other than the carrier proposed by the Seller, physically takes possession of the Pieces. However, when the carrier is chosen by the Customer and not offered by the Seller, the risks are transferred upon delivery of the Pieces to the carrier.
6. FINANCIAL CONDITIONS
Payment Methods. The Order is payable online by credit card (Visa, MasterCard, American Express) or other means of payment offered on the Site. Payments by check or bank transfer are not accepted.
In the case of payment by credit card, the Customer guarantees that they have the necessary authorizations to use this payment method and acknowledges that the information provided for this purpose is proof of their consent to the sale. The Seller reserves the right to suspend or cancel any Order and/or delivery, in the event of non-payment or partial payment of any amount due by the Customer, in the event of a payment incident, or in the event of fraud or suspicion of fraud concerning the use of the Site.
Security of Payment. The Site implements all means to ensure the confidentiality and security of the data transmitted on the Site. For this purpose, the Site uses a secure payment module that encrypts the banking data of the Customer.
Invoice. The Seller sends the Customer an invoice by email, which includes the Order confirmation and the payment confirmation.
7. WITHDRAWAL
Right of withdrawal. The sale is considered final upon the Seller's Order confirmation and payment of the price.
Within fourteen (14) days from the date of receiving the Order, the Customer may request a return at the following email address: contact@geodeparis.com
If desired, the Customer can submit the request using the withdrawal form provided in these GTC (see Annex 2 "Complaint and/or Withdrawal Forms").
This request must be sent as soon as possible and no later than fourteen (14) days from the date of receiving the Items.
It is essential to respect the original packaging (including the orientation of each element in the packaging) since they have been designed and made to allow the Product to be protected under the best conditions during transport.
Therefore, for any package returned without all the elements included in the original packaging, the Seller's responsibility cannot be engaged in the event of breakage or deterioration of the Item.
Non-withdrawal clause. In accordance with Article L 221-28 3° of the Consumer Code, the right of withdrawal normally provided for distance contracts cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized.
Thus, Customized Items in the case of a special Order cannot be returned at the simple request of the Customer. In this case, the Seller informs the Customer by any means and before payment of the price, that the Product in question cannot be returned.
The right of withdrawal cannot be exercised for incomplete, modified, damaged, and/or soiled Items due to the Customer.
However, in case the Product presents a possible defect, the Customer can make a complaint, referring to the following clause (see "COMPLAINTS, EXCHANGES, AND REFUNDS").
8. COMPLAINTS, EXCHANGES, AND REFUNDS
Complaint in case of non-compliance. In the event of non-compliance of the delivered Items with the specifications stated in the Order confirmation email, the Customer may make a complaint to the Seller (hereinafter, the "Complaint"), in order to obtain an exchange or a refund of the relevant Item(s).
Complaints are sent within a period of three (3) working days from delivery, by email to the following address: contact@géodeparis.com
The Customer has the option, if desired, to use the form made available in these GTC (see Annex 2 "Complaint and/or Withdrawal Forms"). The Customer also has the option to attach photos illustrating these.
In any form, the Complaint mentions the Order number in the subject. The Customer specifies the defect or the non-compliance of the Item and indicates whether they want a return or a refund. The refund option is excluded in the case of Items mentioned in the paragraph "Non-withdrawal clause".
Definition of non-compliance. The random distribution of color as well as slight irregularities in surfaces and size are inherent in the nature of the materials used and the process of handmade manufacturing and coloring. They contribute to the unique character of the Product thus produced (See "PRODUCT CHARACTERISTICS").
The Customer acknowledges that the techniques used for the manufacture of the Items may result in a random character in their final appearance. Therefore, any variations in shades, size, or surface cannot be considered as defects leading to non-compliance with the Product. These inherent variations in the artisanal process of sculpture and polishing contribute to the singularity and beauty of the final Product.
Refunds and exchanges. The email sent by the Customer indicates whether the Complaint is made for a refund or return of the relevant Item(s).
The Item cannot be returned or exchanged without the express agreement of the Seller.
The refund option is excluded in the case of Items mentioned in the paragraph "Non-withdrawal clause".
The Items must be returned to the Seller in the condition in which they were received and in their original packaging. No Item will be refunded or exchanged before its return to the Seller's premises.
Once the returned Item has been received and accepted in accordance with these GTC, the refund or return will be processed as soon as possible.
Refunds for the returned Item(s) are made directly to the payment method used to place the Order.
Exchanges are made by delivering a new Item to the address indicated during the Order. The Seller proceeds with the manufacture and sending of a new Item without delay upon receiving the returned Item, and informs the Customer by email of the new manufacturing and delivery times applicable.
9. WARRANTIES AND LIABILITY
Legal warranty of conformity. All Items benefit from the legal warranty provided by Articles 1641 and following of the Civil Code. Any Product whose breakage results from an accident, improper handling, or inappropriate use (blows, shocks, exposure to corrosive products) is excluded from the legal warranty.
Similarly, the oxidation of the Product caused by the acidity of the skin or normal wear and aging of the jewel are not covered by the warranty.
Liability. The Seller's liability cannot be engaged for inconveniences and damages related to the use of the Internet such as a service interruption, the presence of computer viruses, or external intrusions and more generally all cases qualified as force majeure or acts of third parties by the regulations in force (see "Force Majeure").
Similarly, its liability cannot be held due to the content of the sites to which hypertext links may refer from the Site.
Major Force. The Seller will not be liable to the Customer in the event of a failure to perform or any suspension of the obligations incumbent upon it under these GTC if this failure or suspension results or arises in any way from an event of force majeure within the meaning of Article 1218 of the Civil Code and the case law of the Court of Cassation.
However, provided that: (1) the Seller wishing to rely on such a case of force majeure to justify a failure to perform or a suspension informs the Customer without delay in writing, indicating its foreseeable duration and the period during which a suspension of performance is requested, (2) the parties will consult in good faith to consider modifying the conditions to take into account this suspension and other modifications desired by either of them thereby, and (3) if the parties do not reach an agreement in this context after a period of sixty (60) calendar days, either party shall be entitled to terminate the Contract subject to informing the other in writing by registered mail with acknowledgment of receipt. In the event of termination for a force majeure cause, no liability shall be incurred by one party to the other.
Force majeure cannot be invoked by the Customer to contest its obligation to pay the price.
10. INTELLECTUAL PROPERTY
The Items offered by the Seller are protected by intellectual property rights, of which the Seller is the exclusive owner. These rights include, but are not limited to, copyright and design rights, drawings, and models.
The trademark "Geode" registered by the Seller is also protected by intellectual property rights.
Any reproduction, imitation, unauthorized use, or violation of these rights is strictly prohibited. The Customer acknowledges and accepts that the purchase of these jewels confers no intellectual property rights, and that any unauthorized exploitation constitutes a violation of the Seller's rights, which may result in legal proceedings.
11. PERSONAL DATA
Details on the collection, processing, and use of personal data are specified in the Privacy Policy available at the following address: https://géodeparis.com/pages/privacy-policy.
As part of the placing and processing of Orders, the Seller must necessarily collect the Customer's personal data, email address, and postal address, which are considered personal data within the meaning of the General Data Protection Regulation.
In its capacity as the controller of personal data processing, the Seller undertakes to collect and process this personal data in compliance with current legal obligations.
More specifically, the Seller undertakes to (1) process personal data for the sole purpose(s) of the Contract; (2) guarantee the confidentiality and security of the personal data processed by it under said Contract, (3) promptly inform the Customer in the event of a personal data breach or notification from the CNIL or any competent authority; and (4) not process personal data without the Customer's authorization.
In accordance with the Data Protection Act of January 6, 1978, the Customer has the right to access, modify, rectify, and delete personal data concerning them. The Customer notifies their wish to exercise such right by email or by mail, to the following addresses:
* Email: contact@géodeparis.com
* Postal address: 2 rue Jean Mermoz, 75008 PARIS 8, France.
By accepting these GTC, the Customer confirms having read the Privacy Policy and expressly consents to the processing of their personal data in accordance with said policy.
The Customer retains the right to access their personal data, rectify them, delete them, or object to their processing, as detailed in the Privacy Policy.
12. MISCELLANEOUS
Notification. Unless otherwise specified, notifications must be sent:
To the Customer: by email, via the address provided when placing the Order.
To the Seller: by email at the following address
* Email: contact@géodeparis.com
* Postal address: 2 rue Jean Mermoz, 75008 PARIS 8, France.
Entire agreement. The Order email, the Privacy Policy, and these GTC constitute the entire agreement between the parties and supersede any negotiations, statements, and agreements that may have existed between the parties.
Severability. If any provision of these GTC is, for any reason, deemed invalid or unenforceable, the other provisions will remain in full force without being altered or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that comes closest to the intention and economic effect of the invalid provision.
Applicable law and jurisdiction. The relationship between the parties and these GTC are governed by French law.
In the event of disputes or disputes arising from these GTC or more generally related to the ordering process via the Site, the Customer first has the opportunity to contact Mounia Paris customer service directly, via the email address indicated above.
In accordance with articles L611-1 and following and R612-1 and following of the Consumer Code, it is provided that for any contractual dispute relating to the performance of a sales contract within the framework of a complaint previously lodged with customer service, the Customer can use mediation free of charge.
To do so, the Customer will contact the Consumer Mediation Center of Conciliateurs de justice, either:
* by email: cm2c@cm2c.net
* by mail: CM2C; 49 Rue de Ponthieu; 75008 Paris
* by phone: 01 89 47 00 14
* via the online form: https://www.cm2c.net/contact.php
In the event of a cross-border dispute, the Customer can also go to the European Online Dispute Resolution platform, or to the website www.economie.gouv.fr/mediation-conso.
If an amicable resolution is not reached, the parties agree to submit any dispute or controversy relating to the GTC, regardless of the legal basis, to the exclusive jurisdiction of the Commercial Court of Paris.
