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Terms and Conditions

Terms and Conditions

PREAMBLE

The present terms and conditions of sale are concluded between the company “Le Moulin à Couleurs,” on the one hand, registered at the commercial register of Charleville-Mezieres under the number 387 944 580,
Phone: +33 (0)3 24 71 22 75,
E-mail: contact@moulincouleurs.fr,

hereinafter referred to as "the seller," and,

on the other hand,
Internet users, major non-commercial individuals, who wish to purchase products on the website “Le Moulin à Couleurs”  at:
http://www.moulincouleurs.fr/,
hereinafter referred to as “users.”

 

These terms and conditions stipulate the sale of any product or service presented on the site "www.moulincouleurs.fr/" by the company “Le Moulin à Couleurs.”
The parties agree that their relations will be exclusively stipulated by this contract, excluding any other condition.
Any order duly confirmed on the website "moulincouleurs.fr" implies total acceptance, with no exceptions, of the present terms and conditions and, possibly, to any particular or specific conditions of one or more products, services, or orders.
If a condition is found to be lacking, it would be governed by the procedures in force in the remote sales sector whose companies have headquarters in France. The company “Moulin à Couleurs” agrees to comply with all the provisions of the consumer code relating to distance selling.

 

 

OBJECT

These conditions define the terms of sale between the seller and the user, from the ordering to services, including also payment and delivery.
They regulate all necessary steps between the contracting parties when placing the order and ensure the tracking of the order.

 

 

CONTROL AND AVAILABILITY
The order can be saved on the site if the user has clearly identified himself by entering his username and password, which are strictly personal.

The user declares to be at least 18 and having the legal capacity, or holding parental permission allowing him to place an order on the site.
Any order implies the acceptance of prices and descriptions of products available for sale.
The user declares to have read and accepted these Terms and Conditions before placing his order. The placing of the order requires the acceptance of the present Terms and Conditions.
After placing the order, the seller sends a confirmation e-mail to the user.
The seller informs about the shipping status of the articles. The user has the option to change the order until the date of shipment.
The company “Moulin à Couleurs” agrees to fulfill orders received via the website only in the limits of available stocks of products. In the event that the product ordered is not available, the seller undertakes to inform the user as quickly as possible. 

 

Note: No object-of-premium-rate calls are customer calls regarding:

order tracking;

exercise of the right of withdrawal; 

implementation of warranty.

However, nothing prevents cyber merchants from charging a specific cost for orders or inquiries intervening before the conclusion of contract.

 

DELIVERY

The deadline for delivery corresponds to the shipping time indicated on the item plus the time required for processing and dispatching.
If the seller is aware of a total delivery time exceeding 30 days, he may suggest the user cancel the initial order until replenishment of the product.

Any order placed on the site and delivered outside of France and, in general, outside of the EU may be subject to taxes and customs duties, which are due when the parcel reaches its destination. These customs duties and possible taxes related to the delivery of an item are the user's expense and under his responsibility. The seller is not required to check and inform the users about customs duties and taxes. In order to get more information about this subject, we advise users to address the relevant authorities in their country.
 
PAYMENT
The user has the following options to pay for his purchases:

 - When ordering online by credit card:

Visa, MasterCard, American Express Card.
- When ordering online by check.

 

 

PRICE
The prices of our products are indicated in Euros, with all taxes included, excluding processing fees and shipping.
The seller reserves the right to change prices at any time, but the products will be invoiced at the price in force at the time the order is received. The prices listed on the site are guaranteed for the duration of the time our services are offered online and within the limits of available stocks.

 

RIGHT OF WITHDRAWAL/RETURN/EXCHANGE
In accordance with the European Directive of 24/03/2011, the user disposes of a period of fourteen (14) days to exercise his right of withdrawal by returning the ordered items to the seller without having to give reasons or to pay penalties except for return shipping costs. The period of fourteen days shall run from the date of receipt of the items.
All items can be exchanged or refunded unless otherwise specified (for example, articles that have been adapted or changed to customer request). The exchange request by the user must be made within 14 days from the date of receipt or withdrawal of the parcel. If the amount of the new order is higher, the customer must join to the exchange request the payment of the remaining amount. Conversely, if the amount of the exchange is less than the amount the user will receive upon receipt of the request, a certified check or a code in form of a code (redeemable on the site) will be provided to refund the difference. The user has fourteen days from the notification of withdrawal (by e-mail or by letter, stating the reference of the order) to return the parcel to the seller.
The returned product must be complete, in packaging enabling safe transport, and in the same condition as it was received.
Refund or exchange will be effective upon receipt and inspection of the product by the seller.
 
GUARANTEES
All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided by Article 1641 of the French Civil Code. The user benefits for articles of a guarantee allow him to return the defective items delivered in accordance with Articles L211-4 and following the French Consumer Code.

 

Article L211-4 of the French Consumer Code
The seller is required to deliver a product that conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging, the assembly instructions, or the installation, if he assumed responsibility therefore or had it carried out under his responsibility.

 
Article L211-5 of the French Consumer Code
In order to conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:
       - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
       - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer, or his representative, including advertising and labeling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.


Article L211-12 of the French Consumer Code

Action resulting from lack of conformity lapses two years after delivery of the product.


Article 1641 of the French Civil Code

The seller is liable for concealed defects that prevent the sold product from being suitable for its intended use, or that reduce this use to the point that the buyer would not have acquired it, or would have demanded a lower price had he known about them.

 

Article 1648 of the French Civil Code

The action resulting from fundamental defaults must be initiated by the buyer within a period of two years after the default has been disclosed.

 

 

SIGNATURE AND PROOF
Any user of the website not having a customer account must follow a registration procedure allowing him to open his account. The username and password are confidential data that the client does not reveal to third parties. In case of suspected unauthorized usage of the account, the customer must quickly report this to the seller.

 

In all cases, the customer's online disclosure of his bank card number and final confirmation of his order shall constitute evidence of the integrity of the order according to the provisions of 13 March 2000 and the maturity of payments resulting from the prices of items when entering them in the order form.
This confirmation constitutes the signature and express acceptance of all operations at the site. However, in case of fraudulent use of his credit card, the customer is required, upon the finding of such use, to contact the vendor’s customer service.

 

LIABILITY
The company “Le Moulin à Couleurs” has at all stages of the ordering process, as well as in relation to the stages subsequent to the conclusion of the contract, an obligation of result.

The seller undertakes to describe the products to be sold via the website “moulincouleurs.fr” with the greatest accuracy. However, the seller disclaims liability for the non-execution of its obligations as a result of the unpredictable and insurmountable act of a third party of the contract, either in the case of a force majeure as defined by French case law. Similarly, the responsibility of the seller disclaims liability for any inconvenience or damage caused by the use of the Internet network, namely service interruption, outside intrusion, or the presence of an IT virus.

 

 

PERSONAL DATA

The seller reserves the right to collect data. Personal details communicated by the user or collected via the functioning of the site (by cookies or activeX) have the aim of ensuring smooth deliveries, improving service quality, and better responding to client needs. The user consents to the use of the data by the seller, namely to communicate information related to services and promotional offers which may interest the client. The client is informed that the automated processing of information, notably the management of users' e-mail addresses has been the object of a declaration to the CNIL under the number 1677586 on 04/06/2013.

 

If he does not wish to receive these offers, he may make this request at any moment, either directly on the Internet in his account or by postal mail to 4 hameau Bonne Fontaine 08130 ECORDAL, indicating his last name, first name, e-mail address, and if possible, the client’s reference number.

In compliance with the provisions of the Data Protection Act of 6 January 1978, the client has a right of access, rectification, and deletion of personal data concerning him by simple written request to the seller’s customer service.

Client data is kept confidentially by the seller for 2 years, starting from the last visit on the site.

The seller shall implement every means to ensure the confidentiality and the security of data transmitted on the Internet. As such, the website uses a secure mode of payment such as SSL (Secure Socket Layer).

 

 

INTELLECTUAL PROPRERTY

All elements of the “www.nstaa.com” website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, or patents.

 

 

INTEGRALITY

In the event of one of the clauses of the present contract being null and void, either due to a change in legislation, or a change in the rules or by decision of justice, this would have no effect whatsoever on the validity of the present general sales terms and conditions.

 

 

DURATION

The present conditions apply during the duration of services offered online by the company “Le Moulin à Couleurs.” 

 

 

PROOF

The computerized record stored in the computer systems of “Moulin à Couleurs” and those of our partners in reasonable security conditions will be considered as proof of the communication, transactions, and payments made between parties.

 

 

STORAGE AND FILING OF TRANSACTIONS

The filing of purchase orders and invoices is made on a reliable and durable backup media in order to provide a true and long-lasting copy in compliance with article 1348 of the Civil Code.

 

 

GOVERNING LAW AND JURISDICTION

The present conditions are subject to French law. The competent court in the event of litigation will be determined by the place of residence of the defendant or, according to the choice of the defendant, the effective place of delivery of the product.