General conditions of sale and use

GENERAL CONDITIONS OF SALE AND USE

These conditions of sale are concluded on the one hand by the individual company Jérome Boisgillot whose head office is located at 8 Chemin Scribe, 92190 Meudon, registered in the Nanterre Trade and Companies Register under number 410150015, with the names commercial HUTONG and MOBELLO, hereinafter referred to as "MOBELLO" and managing the mobello.fr website and, on the other hand, by any natural or legal person wishing to make a purchase via the mobello.fr website hereinafter referred to as "l 'Buyer ".

Article 1: object

These conditions of sale aim to define the contractual relations between MOBELLO and the buyer and the conditions applicable to any purchase made via the mobello.fr website. The acquisition of a product through this site implies unreserved acceptance by the buyer of these conditions of sale, of which the buyer acknowledges having read prior to his order. Before any transaction, the buyer declares on the one hand that the purchase of products on the mobello.fr site is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have full legal capacity , allowing it to commit to these general conditions of sale.

The MOBELLO company retains the possibility of modifying these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.

Article 2. PRODUCTS

The products offered are those which appear on the mobello.fr website of the company MOBELLO while stocks last. MOBELLO reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description listing its main technical characteristics such as age, origin, manufacturing, dimensions. The photographs are as faithful as possible but do not commit the Seller in any way. The sale of products presented on the mobello.fr site is intended for all buyers residing in countries which fully authorize the entry into their territory of these products.

Article 3. PRICES

The prices appearing on the product sheets in the internet catalog are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. The MOBELLO company reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased depending on the total amount of the order. In mainland France, for any order greater than or equal to 1000 euros including tax, shipping costs are free; for any order less than 1000 euros including tax, a flat rate contribution to shipping costs will be invoiced to the buyer in the amount of 150 euros including tax.

Article 4. ORDER AND PAYMENT TERMS

Before any order, the buyer is asked to contact the MOBELLO website via the contact email address contact@mobello.fr to check the availability or not of the item in question. The buyer can, if he wishes, create an account on the mobello.fr website. The account creation section is accessible directly from the side menu bar. At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), will be able to identify himself using this information. When an item is available, the buyer can place the order directly by pressing the “Place order” button. The buyer lands on a new page displaying on the right side the details of their order and on the left side, the fields to fill in for the identification of their personal information allowing invoicing and delivery of the item. At any time the buyer has the possibility to cancel the order, modify his contact details, go back for rereading. At this point to confirm their purchasing intention, the buyer clicks on the “Continue to payment” button. On this new page, the buyer enters their credit card details which constitutes acceptance of their intention to purchase after pressing the “Confirm payment” button.

MOBELLO allows the buyer to order and pay for their products in several stages, with 2 payment options to choose from:

- PAYMENT BY BANK TRANSFER 

The buyer selects the products he wishes to order in the “basket”, modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, shipping costs are calculated and submitted to the buyer, along with the name of the carrier. Then, the buyer chooses the payment method of their choice: “Payment by transfer”. Finally, the last step asks him to check all the information, read and accept these general conditions of sale by checking the corresponding box, then invites him to validate his order by clicking on the “Confirm my order” button. This last click forms the definitive conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of their order. In order to finalize his payment and trigger the processing of his order, the buyer must contact his bank in order to make the transfer corresponding to the amount of his order to our bank account, the details of which are communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. The furniture will be shipped no earlier than 2 working days after receipt of the transfer corresponding to the order.

- PAYMENT SECURED BY DEBIT CARD

The buyer reads the detailed description of the product and the accompanying photos and decides, in full knowledge of the facts, to make the purchase by clicking on the “Place order” button. On the new page, he enters his personal information by filling in the free fields: name, first name, delivery address, and checks its accuracy. On the following page, the buyer must choose their delivery zone corresponding to their delivery address and the amount of their order from 5 options: zone 1 defines free delivery within a radius of 15 km around our headquarters in Meudon some either the amount of the order; zone 2 designates paid delivery at €50 within a radius of 50 km around our headquarters in Meudon regardless of the amount of the order; zone 3-A, at a cost of €100, concerns delivery throughout France and the European Union outside zones 1 and 2 for any order up to €1099 per piece of furniture; zone 3-B, similar to the previous geographical zone, is priced at €120 for any order between €1100 and €1479 per piece of furniture; finally zone 3-C, identical to the previous geographical coverage, is charged €150 for any order between €1480 and €1900 per piece of furniture. On the next page, payment by credit card requires the buyer to provide their credit card numbers by filling in the free fields for this purpose. He must then check all the information, read and accept these general conditions of sale by checking the corresponding box, then must validate his order by clicking on the “Confirm my order” button. If payment is accepted, the order is recorded and the contract is definitively formed. Payment by credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the card payment, the sums paid will then be recredited or returned. The liability of the bank card holder is not incurred if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the card holder must contest, in writing, the debit with their bank, within 70 days following the transaction, or even 120 days. if the contract binding him to it so provides. The amounts withdrawn are reimbursed by the bank within a maximum period of one month after receipt of the written dispute filed by the holder. No costs for returning the sums may be charged to the holder.

Confirmation of an order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of the right to rely on one's own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, the MOBELLO company will send him by e-mail confirmation of the registration of his order.

If the buyer wishes to contact the MOBELLO company, he can do so either by post to the following address: MOBELLO, 8 Chemin Scribe, 92190 Meudon; or by email to the following address: contact@mobello.fr , or by telephone at 0613237126.

Article 5. RESERVATION OF OWNERSHIP

The MOBELLO company retains full ownership of the products sold until full payment of the price, in principal, fees and taxes included.

Article 6. WITHDRAWAL

Under article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of return costs and possible damage noted which did not exist before sending.

Article 7a. DELIVERY OF FURNITURE

Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. They are carried out by professional transport companies such as DHL and others, delivery service with tracking, delivery with signature. The buyer and the MOBELLO company agree on possible delivery dates and times in accordance with the presence of the buyer on site and the tour schedule of the delivery person of the transport company in the geographical area concerned, knowing that the buyer must be present on site for the entire day, taking into account possible hazards encountered by the delivery person. The delivery dates agreed upon by mutual agreement must be respected. The delivery date can be postponed provided that the buyer notifies the MOBELLO company 3 days before to allow the delivery person to reorganize. In the event that the buyer is absent at the time of delivery, a penalty of €50 will be applied. The MOBELLO company will be able to provide the buyer with the tracking number of their package by e-mail and will also transmit the buyer's telephone details to the delivery person to notify of its arrival. The risks linked to transport are the responsibility of the purchaser from the moment the items leave the premises of the MOBELLO company. The buyer is required to check, in the presence of the transport company's employee, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.

Article 7b. DELIVERY OF OBJECTS

The buyer is required to provide us with their mobile telephone contact details or email address in order to be informed in real time of delivery tracking. Deliveries are made to the address indicated on the order form which can only be in the agreed geographical area. They are carried out either by La Poste's Colissimo service with tracking and delivery without signature, or by deposit with tracking without signature at a Mondial Relay or Chronopost Shop2Shop relay point, close to the recipient's address with their agreement. Delivery times are given for information purposes only; if these exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. The MOBELLO company will be able to provide the buyer with the tracking number of their package by e-mail. In the case of delivery by La Poste, the buyer is delivered to his home by the postman. In the absence of the buyer, he will receive a delivery notice from the postman, which will allow him to collect the products ordered from his usual post office, within the time limit set by the postal services. In the case of delivery to a relay point, the buyer will receive by SMS on their mobile phone or by email a notification of the arrival of their package at the relay point concerned. It is up to the buyer to respect the withdrawal deadlines from the merchant affiliated with the Mondial Relay or Shop2Shop network. Otherwise, the package is returned to the sender and the buyer will have to pay delivery costs again. The risks linked to transport are the responsibility of the purchaser from the moment the items leave the premises of the MOBELLO company. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.

Article 8. GUARANTEE

All products supplied by the MOBELLO company benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code. In the event of non-conformity of a product sold, it may be returned to the MOBELLO company which will take it back, exchange it or reimburse it. All complaints, requests for exchange or reimbursement must be made by post to the following address: MOBELLO, 8 Chemin Scribe, 92190 Meudon, within thirty days after delivery.

Article 9. RESPONSIBILITY

The MOBELLO company, in the distance selling process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other unintentional problems.

Article 10. INTELLECTUAL PROPERTY

All elements of the mobello.fr site are and remain the intellectual and exclusive property of the MOBELLO company. No one is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.

Article 11. PERSONAL DATA

The MOBELLO company undertakes to preserve the confidentiality of the information provided by the buyer, which he may be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address: MOBELLO, 8 Chemin Scribe, 92190 Meudon.

Article 12. SETTLEMENT OF DISPUTES

These distance selling conditions are subject to French law. For all disputes or disputes, the competent court will be that of Nanterre.