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GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 – PURPOSE
These General Terms and Conditions of Sale (hereinafter "GTC") aim to govern the contractual relations between the company MOUTTY, a limited liability company with a share capital of 15,000 euros, registered with the RCS of Arras under number 898 566 187 and whose registered office is located at 2 rue du pavé de la boutillerie 62840 Fleurbaix, (hereinafter "the Seller") and any customer wishing to make a purchase on the website www.moutty.fr (hereinafter "the Customer").
The Seller's activity is the manufacture and sale of fashion items, accessories, and decoration. Customization is offered on a range of fashion items, accessories, and decorative items. The company MOUTTY markets its products and services through the website www.moutty.fr
Any order implies the unreserved acceptance of the GTC described below, which prevail over any other document issued to the Customer by the company.
The Seller reserves the right to modify these GTC.
The applicable GTC are those in force on the date of payment of the order; they apply for the duration necessary for the supply of goods and services, until the expiry of the guarantees and obligations due by the Seller.
The fact that MOUTTY does not invoke any of the clauses of these general terms and conditions of sale cannot be interpreted as a waiver of the right to invoke any of these conditions later.
ARTICLE 2 – TERRITORY
These GTC are applicable for orders placed for delivery worldwide.
ARTICLE 3 – ACTIVITIES
On its website, the company MOUTTY markets several types of products and services such as:
ARTICLE 4 – ORDER
1. Non-customized products
The order is placed as follows:
2. Customized products
The Order is placed as follows:
If modifications are necessary for the drawing/image submitted by the Customer, the Seller will notify them as soon as possible.
If the customer's drawing has many details, the Seller will offer the Customer a simplification of the drawing for the same price as indicated on the website page. If the Customer wishes to keep the original version of their drawing, the Seller will offer to pay the corresponding price supplement, via a link provided by the Seller.
The sale is considered firm and definitive on the day of full and effective payment of the Order on the Website.
For the custom embroidery service, the Customer sends their personal item(s) to the following address: MOUTTY - 2 rue du pavé de la boutillerie 62840 Fleurbaix within 14 days of payment of the order, failing which the order will be cancelled. Upon receipt of the Customer's items, the Seller issues a deposit slip under the conditions of Article 14 of these GTC.
In the event that the product ordered by the Customer is no longer available for sale, the Seller will inform the Customer, during order processing, by email to the email address indicated. These products will not be charged to the Customer.
ARTICLE 5 – ORDER REFUSAL
General conditions for refusal and cancellation of the Order
In accordance with article L. 121-11 of the Consumer Code, the Seller reserves the right to refuse or cancel the order for a legitimate reason. This will be particularly the case:
In case of cancellation of an already validated order, and if payment has been made in full, the Seller will proceed to refund the total price of the order.
Specific conditions for refusal and cancellation of customization requests
If, after reviewing the customization request, the Seller finds that the characteristics of the customization submitted by the Customer make it impossible to perform the service with the means available to the Seller, the latter may reject the Customer's request.
The rejection of the customization request is notably possible if it infringes MOUTTY's values (particularly in cases of incitement to hatred or violence), third-party rights, especially intellectual property rights, or if it involves a level of complexity not supported by the Seller.
The order will also be rejected if the file submitted by the Customer to the Seller, for custom embroidery, is not legible, if the image quality is unsatisfactory, or if the embroidery characteristics are not sufficiently identifiable.
In case of rejection of the customization request, the Seller will inform the Customer within the timeframe specified for the embroidery, indicated at the time of the order.
ARTICLE 6 – PRICE AND PAYMENT
Payment of the total price is made at the end of the order process as provided in Article 2 of these GTC.
All payments are due in full and in one single installment at the time of order. All payments are made by bank card via secure transfer (Visa, Mastercard, Amex) or by Paypal. The Seller implements all means to ensure the confidentiality and security of the data transmitted on the site.
Sales prices are indicated on the site, inclusive of all taxes and in euros.
The transaction is immediately debited from the Customer's bank card after verification of its data, upon receipt of the debit authorization from the issuing company of the bank card used by the Customer. For this purpose, the Customer confirms that they are the holder of the bank card to be debited and that the name appearing on the bank card is indeed theirs.
The price of Customized Products may vary depending on the characteristics of the desired embroidery or flocking and the type of service it requires. The price is then communicated by the Seller after studying the Customer's request, submitted through the site's customization tool in accordance with Article 5 of these GTC. The Customer is informed of the total price of the order before validation and payment thereof.
The effective and total payment of the order constitutes the sale. In case of inability to debit the amounts due, the sale is automatically terminated, and the order is cancelled.
Any special request from the Customer after the order, incurring costs for the Seller, may be subject to additional invoicing to the Customer.
ARTICLE 7 – WITHDRAWAL
The Customer is informed that the Seller is only obliged to take back products returned in their entirety, in their complete and intact original packaging. No return will be accepted if the returned item has been visibly used or damaged by the Customer, rendering the product unsuitable for sale.
Regarding Products that are not customized:
The Customer has a period of 15 calendar days from receipt of the product to exercise their right of withdrawal, in accordance with the provisions of articles L221-18 et seq. of the Consumer Code. The Customer must first inform the Seller of their decision to exercise their right of withdrawal by sending a letter to: MOUTTY - 2 rue du pavé de la boutillerie 62840 FLEURBAIX or an email to: contact@moutty.fr.
In this letter, the Customer indicates their intention to exercise their right of withdrawal, the number and date of their order, and the references of the product concerned. They then return the products to the address MOUTTY - 2 rue du pavé de la boutillerie 62840 FLEURBAIX.
The costs of returning the products are the sole responsibility of the Customer.
The Seller will proceed with the refund of the amount corresponding to the total price of the product upon receipt of the products.
Concerning Customized products:
In accordance with the provisions of Article 221-28 3° of the Consumer Code, the right of withdrawal does not apply to customized products and/or made-to-measure products, thus depriving the Customer of the possibility of returning customized products.
After the withdrawal period, products that have not been customized are refundable for 15 days from their receipt by the Customer. The costs of returning products that the Customer wishes to return are borne exclusively by the latter.
After the withdrawal period, products will not be returned or refunded.
Customized products are not returned, exchanged, or refunded. In case of a defect in the customized product, MOUTTY will examine the order and may proceed to refund it upon return of the disputed product.
ARTICLE 8 – DELIVERY
Delivery Terms
Before validating the order, the Customer selects the desired delivery method and delivery address. Product delivery can only take place after effective and full payment of the Order and its confirmation by the Seller.
Delivery is carried out within the territory as defined in Article 3.
The Seller cannot be held responsible for a delivery failure due to any error in entering delivery information.
The costs of new delivery following this error will be borne exclusively by the Customer.
Delivery costs incurred for each Order are calculated according to the destination and the delivery method chosen for the ordered products. Additional fees may be applied by the customs authorities of certain countries.
These additional costs remain the sole responsibility of the Customer. For any delivery outside mainland France, the Customer will be considered the importer of the delivered products and must therefore comply with the regulations in force in the countries concerned.
MOUTTY offers delivery by Colissimo.
Delivery Time
The maximum delivery time is set at 30 calendar days from the confirmation of the Customer's order by the Seller, following payment.
However, delays in delivery cannot give rise to damages.
The indicated delivery times remain dependent on supply and transport possibilities.
Delivery Costs
The applicable delivery costs are those mentioned on the website www.moutty.fr at the time of the order, depending on the country of receipt and the delivery method selected by the Customer.
When products are not received by the Customer and must be re-shipped, additional delivery costs may be charged to the Customer under the same conditions as those provided for the initial order.
Delivery Delay
In case of delivery delay, the order is not automatically cancelled.
The Seller informs the customer by email that the delivery will be delayed.
However, in case of failure to deliver by the Seller at the expiration of the agreed period, the Customer may terminate the contract by registered letter with acknowledgment of receipt or by a written document on another durable medium, if, after having enjoined the Seller to make the delivery or provide the service within a reasonable additional period using the same methods, the Seller has not performed within that period.
The contract is considered terminated upon receipt by the Seller of the letter or written notification informing them of this termination, unless the Seller has performed the contract in the interim. Nevertheless, the Client may immediately terminate the contract if the Seller refuses to deliver the goods or fails to fulfill their delivery obligation by the agreed date or deadline, and if this date or deadline constitutes an essential condition of the contract for the Client, as defined in article L138-2 of the Consumer Code.
When the contract is terminated, the Seller is obliged to reimburse the Client for all sums paid, at the latest within 14 days following the date on which the contract was cancelled. If reimbursement is not made within this period, the sum paid by the consumer will be increased under the conditions of Article L138-3 of the Consumer Code.
If the order has not yet been shipped when the Seller receives the Client's cancellation notice, delivery is blocked, and the Client is reimbursed for any amounts debited within fifteen days of receiving the cancellation notice.
If the order has already been shipped when the Seller receives the Client's cancellation notice, the Client can still cancel the Order by refusing the package. The Seller will then reimburse the amounts debited and the return costs incurred by the Client within fifteen days of receiving the complete and original refused package.
Delivery Verification
If, upon receipt of the package, the Client finds that it is visibly damaged or not in conformity with the delivery, the Client must make clear and precise reservations on the delivery note, or even refuse the package. Reservations and complaints must be addressed to the carrier by registered letter with acknowledgment of receipt within three working days following the date of receipt of the package. In the absence of a complaint within the aforementioned period, action against the carrier is no longer permitted in accordance with article L133-3 of the Commercial Code.
The Client sends a copy of this letter to the Seller and may request the return of the product.
Once the return request has been made by the Client to the Seller, the latter will send, electronically to the address indicated by the Client at the time of the order, a return label to be attached to the shipment of the Products.
ARTICLE 9 – WARRANTIES
Conformity
The Client is informed that the Seller guarantees against conformity defects of the products existing at the time of delivery of the product in accordance with articles L217-4 and following of the Consumer Code. In case of a conformity defect, the Client may request either repair or replacement of the product. If the Client's choice entails a manifestly disproportionate cost compared to the other option, the Seller may proceed with the most suitable option.
If replacement or repair is impossible, the Client may return the product and receive a full refund or keep the product and receive a partial refund.
Article L217-5 of the Consumer Code
“The good is in conformity with the contract:
The Client has a period of two years to act under the legal guarantee of conformity from the delivery of the product.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted by the Seller.
Hidden Defects
The Client also benefits from the guarantee against hidden defects under the conditions provided for in articles 1641 and following of the Civil Code. The Seller is not liable for apparent defects at the time of delivery.
To invoke the guarantee against hidden defects, the Client will be required to prove that the defect was not visible and apparent at the time of Delivery. In the event of an apparent defect at the time of delivery, the Client must make precise reservations to the carrier. The Client who has implemented the guarantee for hidden defects may return the product and receive a full refund of the sale price or keep the product and obtain a reduction in the sale price. If applicable, the Seller's carrier will contact the Client to schedule the return of the product(s) concerned.
The period for action is two years from the discovery of the defect.
In the event of the implementation of one of the aforementioned guarantees, the Client must inform the Seller by registered mail with acknowledgment of receipt at the following address: MOUTTY - 2 rue du pavé de la boutillerie 62840 FLEURBAIX. They will notably mention the references of the product concerned, the date and order number, and specify the nature of their request.
In the event of a refund or repair of the product covered by the warranty, the Client returns the product to the Seller's address under the conditions of Article 9.5.
ARTICLE 10 – LIABILITY
Force Majeure
MOUTTY's liability cannot be engaged in the event of a force majeure event that would prevent the fulfillment of its obligations in accordance with Article 14 hereof.
Use of the Site
The MOUTTY company cannot be held responsible for direct or indirect damages that may result from the use of the site, including inaccessibility, data loss, deterioration, destruction or viruses that may affect users' computer equipment and/or the presence of viruses on the Site.
Product Presentation
The photographs and graphics representing the products on the website, particularly through the customization tool, are provided to illustrate the products.
Slight differences may be observed between the ordered products and the photographs and graphics of the products on the site. The Seller undertakes to ensure that these differences are not substantial and that the product remains, in any event, compliant with the characteristics indicated on the site.
Custom Embroideries
Before transmitting their personalized design, pattern, image, or text to the Seller, the Client ensures that it does not infringe on the rights of third parties, such as intellectual property rights or personality rights. They also ensure that the chosen design, pattern, or text complies with applicable laws and regulations.
The Client asserts that they hold all rights pertaining to the files submitted as part of a customization request and guarantees the Seller against any action relating to the content of these files.
The Seller cannot be held responsible for defects in personalized embroidery when these result from an erroneous description by the Client or from the submission by the latter of a design, pattern, and/or text that contains this defect.
Custom Services
The MOUTTY company is not responsible for Client items that may have been sent to the Seller for the performance of a custom service prior to the validation of the personalization request and the full and effective payment of the order.
Before sending the items to be personalized, the Client must ensure that the garment is in a condition to be shipped and subsequently handled by the Seller. MOUTTY will not be obliged to perform the service if the condition of the transmitted item does not allow for the requested personalization to be carried out.
The Seller will inform the Client, within the timeframe provided for the performance of the service as indicated at the time of the order, of the impossibility of personalizing the garment and will proceed with the reimbursement of the total price of the order, as well as the return of the Client's item, at the Client's exclusive expense, to the address indicated by the Client at the time of the order.
In the event of impossibility of returning the entrusted object (loss, exchange, theft, fire, etc.), excluding cases of force majeure, the service provider is presumed responsible according to Article 1933 of the Civil Code. In this case, it is up to the Seller to prove that they have committed no fault.
If an item, or part of an item, is damaged or lost while in the Seller's possession, compensation can only be made if all parts were given to the Seller for processing, under the conditions specified in Article 14.
ARTICLE 11 – INTELLECTUAL PROPERTY
The MOUTTY company owns all intellectual property rights attached to the products offered on the site, as well as to the brands associated with these products and, more generally, to all visual, textual, and audio elements of the site.
Any total or partial, direct or indirect reproduction of any element of the site, on any medium whatsoever, without the prior agreement of MOUTTY, is prohibited and may lead to legal proceedings.
The transmission by the Client of any drawing, pattern, image, or text to the Seller for the customization of an item does not transfer any intellectual property rights attached to the said drawing/pattern and/or text.
ARTICLE 12 – FILE SENT BY THE CLIENT
For a customization involving the transmission of a personal file, the client is invited to transmit files that present a good resolution level to guarantee a quality service.
Accepted file formats are: png, jpg and pdf.
ARTICLE 13 – INSURANCE
MOUTTY subscribes to a multi-risk insurance policy covering the goods. The Client communicates to the Seller, at the latest upon delivery, the value of the items in deposit. Failing this, compensation following any claim will be limited to a maximum amount of €500 ex-tax.
ARTICLE 14 – PERSONAL DATA
In accordance with the Data Protection Act of January 6, 1978, personal information concerning clients may be subject to automated processing.
The client has a right to access and rectify data concerning them, in accordance with the law. Upon the first request of one of these clients wishing to be removed from its database, MOUTTY undertakes to delete all contact details and information.
The data collected can only be used for commercial purposes other than those mentioned on the site and which may be developed later by the company.
Data used for commercial prospecting purposes may be kept for a period of three years from the end of the commercial relationship.
The client has a right to access, modify, rectify or delete data: to exercise this right, the client must send an email to the following address: contact@moutty.fr or enter the identification page accessible with their email address and password.
ARTICLE 15 – COOKIE MANAGEMENT
Certain functionalities of the website www.moutty.fr require the storage of trackers (cookies).
A "cookie" is a small text file, identified by a name, which can be transmitted to your browser by a website you connect to. For the proper functioning of the site, cookies are placed on your computer to collect information about how you interact with the website and to remember you.
In accordance with regulations, the use of cookies strictly necessary for the operation of www.moutty.fr does not require your permission. The use of other trackers is subject to your consent, which you can modify or withdraw at any time.
By clicking on the "I accept all cookies" box that appears when you arrive on the site, you consent to the deposit of all necessary, navigation, advertising, preference, and social media cookies.
When using the website, third parties may collect information relating to the user's device, enabling them to identify areas of interest through the elements consulted on the website. MOUTTY is in no way responsible for the processing of this information.
ARTICLE 16 – CONFIDENTIALITY
Each party undertakes to maintain the confidentiality of any information, document, drawing, or data of any nature that is confidential and that has been brought to its attention in the context of the performance of these general terms and conditions of sale.
ARTICLE 17 – DISPUTE AND MEDIATION
In the event of a dispute, the Client will first contact MOUTTY customer service to seek an amicable solution, by sending a letter to the following address: MOUTTY - 2 rue du pavé de la boutillerie 62840 FLEURBAIX, or an email to contact@moutty.fr
In application of Article L612-1 of the Consumer Code, the consumer has the right to free recourse to a consumer mediator, with a view to the amicable resolution of their dispute, opposing them to a professional.
ARTICLE 18 – INVALIDITY OF A CONTRACT CLAUSE
Should any provision of these General Terms and Conditions of Sale be cancelled, such cancellation shall not entail the invalidity of the other provisions of the General Terms and Conditions of Sale, which shall remain in force.
ARTICLE 19 – APPLICABLE LAW AND LANGUAGE
These General Terms and Conditions of Sale are subject to French law.
ARTICLE 20 – JURISDICTION
Any dispute resulting from the validity, interpretation or execution of these general terms and conditions of sale shall fall within the jurisdiction of the French courts.
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