General Terms and Conditions of Sale muvit.earth
muvit.earth is a service of Ascendeo France, whose head office is located at 61 Rue Emile Zola, 69150 Décines-Charpieu, registered in the Trade and Companies Register under the number SIREN 307 301 135.
ART 1: Application of the General Terms and Conditions of Sale (hereinafter referred to as GTC) - Enforceability of the GTC
It is specified that these GSC govern exclusively the sales made on the Muvit.earth website. Any contrary condition opposed by the Buyer will therefore be unenforceable against the Seller, regardless of when it may have been brought to his attention. The fact that the Seller does not take advantage at a given time of any of these GTCs cannot be interpreted as a waiver to take advantage later of any of the said conditions.
ART 2 - Order
The contractual information is presented in the language selected by the user and will be confirmed at the time of your order validation.
ART 3 - Prices
3.1 - Prices are indicated in Euros, inclusive of all taxes, including eco-participation and excluding shipping costs.
3.2 - The Vendor reserves the right to modify its prices at any time, but the products will be invoiced to the Buyer on the basis of the prices in force on the site at the time of order validation.
ART 4 - Validation
The Buyer declares that he/she has read and accepted these General Terms and Conditions of Sale before placing the order. Validation of the order therefore constitutes acceptance of these GTC.
ART 5 - Payment
Payment shall be made by French and foreign bank cards, excluding AMEX. The card shall be debited at the time of validation of the order by the Buyer.
Invoices are made available to the Purchaser in electronic format in the "My account" area of the site.
Ascendeo France reserves the right to verify the personal details provided by the Buyer and to adopt all measures deemed necessary to verification that the person whose bank account is debited is the person who placed the order, in order to avoid any fraudulent payment. This verification may take the form of a request for proof of identity and/or residence and/or bank documents (bank details or cancelled cheque).
Failure by the Buyer to respond to such a request within 2 days of the request being made by muvit.earth may result in the cancellation of the order concerned, without any possibility of subsequent claim.
Ascendeo France will also be free to cancel an order directly if it presents one or more risk factors of fraudulent use of a bank card.
ART 6 - Availability
6.1 - General information
Offers are valid as long as they are visible on the site, within the limits of available stocks. In the event of stock being unavailable after an order has been placed, the Seller shall inform the Buyer by e-mail. The order will then be automatically cancelled and the Buyer will be refunded. This does not apply to pre-sales for which the forecast availability date is announced when the order is placed.
6.2 - Pre-orders
Pre-order(s)" means items indicated as such on their product sheets and which can be purchased on the site before they are available in stock.
The Buyer is informed and accepts that the availability dates of the pre-ordered products may be modified by the publishers, manufacturers or suppliers. In this case, the Buyer will be informed of this change of date by e-mail.
In any case and in particular in case of unavailability of the product, the pre-order may be cancelled unilaterally by the Buyer or the Seller until it is shipped.
ART 7 - Cancellation / Modification of order
The Buyer may modify or cancel an order until it is prepared.
ART 8 - Delivery
8.1 - General information
The products purchased on muvit.earth are delivered in metropolitan France except for Corsica.
The products are delivered to the delivery address provided by the Buyer during the ordering process.
The order tracking is accessible in the space "My Account" on the site.
muvit.earth cannot be held responsible for delays in delivery due exclusively to the unavailability of the Buyer after several proposed appointments by the carrier.
8.2 - Reservations
Any reservations about the delivery (for example: damaged package, already opened...) must be notified by the Buyer to the carrier.
8.3 - Returns
In the following cases : wrong item received compared to the order, damaged item on delivery, failure on commissioning (Device presenting a malfunction when commissioned), the Buyer must within 7 days, submit his return request online on the site in the "My account" / "Need help" space.
The Seller specifies that Apple mobiles and tablets are guaranteed directly by the manufacturer and do not fall within the scope of the Breakdown at Start-up.
The buyer will receive an acknowledgement of receipt by e-mail with a return agreement number as well as a pre-stamped parcel label. The returned product(s) must be accompanied by a copy of the purchase invoice on which the return agreement number obtained must appear.
Any non-compliant return, in particular without a return agreement number, will be refused.
ART 9 - Right of withdrawal
9.1 - Conditions
In accordance with the legal provisions in force, the Buyer has a period of 14 days from receipt of the products to exercise his right of withdrawal from muvit.earth without having to justify reasons or pay a penalty.
In case of exercising the right of withdrawal within the above-mentioned period, only the price of the returned product(s) and the standard delivery costs (corresponding to the cheapest delivery we offer) will be refunded. The Buyer shall bear the cost of returning the product(s) and shall ensure the quality of the packaging to guarantee the condition of the product upon receipt. To benefit from this exchange, the product must be new and unpacked (the product packaging must not have been opened, in the event of the presence of a seal). (The product packaging must not have been opened, and if there is a seal on the product, it must be intact) to enable it to be sold later in new condition. It must not have been activated either. No exchange will be granted for products returned incomplete (instructions, accessories, etc.), without their original packaging or with damaged packaging.
9.2 - Return address :
The Buyer must, within 14 days, submit his return request online on the site in the "My account" / "Need help" area. The buyer will receive an acknowledgement of receipt by e-mail with a return agreement number and the return address.
The returned product(s) must be accompanied by a copy of the purchase invoice on which the return agreement number obtained must appear.
Any non-compliant return, in particular without a return agreement number, will be refused.
ART 10 - Refunds
In the cases referred to in Articles 6.3 and 7, no exchange will be made, the Seller proceeding by refund. If the return is compliant, the products will be reimbursed as soon as possible and at the latest within 30 days of the date on which the right was exercised.
The refund will be made by crediting the bank account. No cash on delivery will be accepted for any reason.
The benefits obtained from the purchase of the product will be cancelled in the event of the return of the product accompanied by a refund of the said product.
ART 11 - Security
The site is subject to a security system: muvit.earth has adopted the SSL encryption process and all scrambling and encryption processes to protect all sensitive data linked to payment methods via 3D Secure as effectively as possible.
ART 12 - Customer service
The Vendor is at the disposal of the Buyer to answer all his questions, via the site, or by post: Ascendeo France, 61 RUE EMILE ZOLA 69150 DECINES-CHARPIEU.
ART 13 - Intellectual property
13.1 - All texts, comments, works, illustrations, works and images reproduced or represented on the muvit.earth site are strictly protected under copyright law as well as intellectual property law and for the whole world. In this respect and in accordance with the provisions of the intellectual property code, only use for private use is authorised, subject to different, even more restrictive provisions of the intellectual property code. Any reproduction or representation of all or part of the muvit.earth website or of all or part of the elements found on the muvit.earth website is strictly forbidden.
13.2 - The company names, brands and distinctive signs reproduced on the muvit.earth website are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly forbidden and must be subject to prior written authorisation from the brand owner.
13.3 - Some products are subject to personal and specific rights of use. You must respect the terms and conditions of sale of these products, and muvit.earth cannot be held responsible for any use that may be made of the products in this context.
ART 14 - Responsibility
The products offered are in accordance with the French legislation in force and the standards applicable in France. The responsibility of muvit.earth can not be held liable for non-compliance with the legislation of another country. It is the responsibility of the Buyer to check with the local authorities the possibilities of importing and using the products or services that he/she plans to order.
The photos are provided for illustrative purposes only. The Buyer is invited to refer to the description of each product to know the precise characteristics; and in case of doubt or need for additional information, the Buyer can send an email to firstname.lastname@example.org/.
muvit.earth is only responsible for the content of the pages it publishes.
In the case of professional purchases, muvit.earth shall not be liable for any indirect damage due to operating loss or loss of profit that may arise from the purchase of products.
ART 15: Guarantees applicable except specific provisions.
15.1 Legal guarantees owed by the Seller
The Seller is required to guarantee the goods against defects in conformity under the conditions set out in Articles L.211-4 et seq. of the French Consumer Code. These provisions do not deprive the Buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code. In order to exercise such an action, the Buyer must, however, provide proof of a hidden defect.
The Seller remains liable for defects in conformity of the goods with the contract and for hidden defects under the conditions provided for by law. The Buyer benefits from the following provisions:
-Article L 211-4 of the French Consumer Code: The Seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
-Article L 211-5 of the French Consumer Code: To be in conformity with the contract, the goods must: 1° Be fit for the purpose usually expected of similar goods 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 modelhave the qualities that a Buyer may legitimately expect in the light of public statements made by the Seller, the producer or his representative, in particular in advertising or by the2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the Buyer.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 accepted by the latter.
-Article L 211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
-Article 1641 of the Civil Code: The Seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the Buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
-Article 1648 al 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In accordance with Article L 211.16 of the Consumer Code, any repair falling within the scope of the warranty and resulting in a period of immobilisation due to the repair of the equipment of more than seven days shall extend the duration of the contractual warranty which was initially granted.
15.2 Commercial warranty granted by the manufacturers
In addition to the legal warranties owed by the Seller, certain goods sold may benefit from a commercial warranty granted by the manufacturer, the scope and duration of which differ according to the products and brands. In other words, the commercial warranty is not provided by the Seller but directly by the manufacturer. The Seller therefore invites the Buyer to carefully consult the instructions for use supplied with the products and the exact terms of the manufacturer's warranties that may apply to the products.
These guarantees are either described in the instructions or can be retrieved from the manufacturer's website. The Buyer must contact the manufacturer directly, and not the Seller, in order to benefit from this commercial guarantee. The Buyer is strongly advised to keep his purchase invoice in order to be able to implement his warranty. In no case shall the Seller be held responsible if the manufacturer refuses to apply its warranty.
The warranty exclusions for new and used products are those specified in the contractual warranty conditions granted by the manufacturers.
ART 16 - Applicable law - Disputes
This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts shall have sole jurisdiction.
ART 17 - Personal information
Information and data concerning the Buyer are used for the management of the order and commercial relations. It may be transmitted to companies that contribute to the execution of orders, deliveries, processing and payments.
This information is also kept for security purposes, in order to comply with legal and regulatory obligations and to improve and personalise the services offered and sent to the Buyer.
In accordance with the French Data Protection Act of 6 January 1978, the Buyer has the right to access, rectify and oppose any personal data concerning him/her. To do so, the Buyer must write an e-mail to email@example.com/, indicating name, first name and e-mail address. In accordance with the regulations in force, the request must be signed and accompanied by a photocopy of a signed identity document, specifying the address to which the reply should be sent.
A reply will then be sent within 2 months of receipt of the request. Depending on the choices made when creating the account, the Buyer may receive offers from muvit.earth. The Buyer has the possibility to object to this at any time, free of charge, by specifying it in My Account under the heading "Personal Information".
muvit.earth subscribes to the professional code of the Fédération des entreprises de vente à distance and undertakes to respect the charter of the profession.