Terms and conditions

TERMS AND CONDITIONS

Article 1: object

These general conditions of sale are concluded between: MOHOLESS Sabrina Mohamadi, Auto company 65 rue du faubourg Saint Denis 75010 Paris France contact@moholess.com Registration number: 897 475 612 R.C.S Paris Hereinafter “MOHOLESS” And Any natural person visiting and / or wishing to make a purchase via the MOHOLESS website, accessible via the url www.moholess.com. Hereinafter “the User” These conditions aim to define the terms of distance selling between MOHOLESS and the User, from order to payment and delivery. They regulate all the steps necessary to the placing of the order and ensure the follow-up of this order between the contracting parties. The order implies prior and irrevocable acceptance of the general conditions of sale. The User thus acknowledges having read, understood and accepted the said conditions by checking, when placing the order, the box: “□ I have read and accept the general conditions of sale ‘ The general conditions may be subject to modifications, the applicable conditions are those in in force on the site www.moholess.com on the date the User places the order. Use of the distance selling process described in these General Conditions of Sale is reserved: – Consumers only, as defined by law and case law, acting exclusively for their personal needs (not purchasing products for the purpose of reselling them) and not directly related to a commercial activity. – Having the capacity to conclude this contract: minors are excluded, as well as persons under guardianship or curatorship who do not have the express authorization of their legal guardian.

Article 2: SCOPE

These General Conditions of Sale are applicable to all sales of MOHOLESS items concluded via the Website. With regard to electronic sales (Internet), the customer declares to have read the these General Conditions of Sale before placing an order. The validation of its order is therefore acceptance without restriction or reservation of these General Conditions of Sale. These General Conditions of Sale will apply as long as they appear on the Site www.moholess.com.

MOHOLESS reserves the right to modify these General Conditions of Sale at any time. The General Conditions of Sale in force at the time of the conclusion of the sales contract are those opposable to the customer.

Article 3: ORDERS OF ARTICLES INTERNET ORDERS

Orders can be placed on the Internet on the merchant site. The photographs, graphics and descriptions of the products offered for sale are only indicative and in no way bind MOHOLESS. Customers have the opportunity to obtain information additional information by contacting MOHOLESS Customer Service at the following address: contact@moholess.com. In the event of a manifest error between the characteristics of the items and their representation, the company MOHOLESS can not be held liable. In case of prolonged inactivity during the connection it is possible that the selection of the chosen items before this inactivity is no longer guaranteed. The customer will be invited to resume his selection of products from the start. All the steps necessary for the sale will be specified on the Site in accordance with Article 1369-1 of the Civil Code. Pursuant to the provisions of Article 1369-4 of the Civil Code, the customer will have the possibility, before confirming his order definitively, to check the details of his order and its total price and correct any errors, before confirming it to express its acceptance. From the moment the customer has validated his order, MOHOLESS will acknowledge receipt of this without delay and by electronic means. However, the sale will not be considered final. only after sending the order confirmation to the customer by MOHOLESS, following receipt of the payment.

REFUSAL OF ORDERS

Orders made on the Site are reserved for consumers for their own use (or gifts) and not for resale. MOHOLESS will be entitled to refuse for legitimate reasons any order which would suggest that an activity economic is carried out by the buyer, any abnormal or order placed bad faith, or any order from a customer with whom there is a dispute relating to payment of a previous order.

Article 4: Products

The Products offered for sale are those appearing on the site www.moholess.com, on the day of the consultation of the site by the User. The Products are offered for sale within the limits of available stocks. The availability of products is verified by MOHOLESS at the time of preparation of the order. In addition to the photographs reproduced and illustrating the Products presented, the User is invited to consult the description of each Product to know its characteristics and specificities. The User is invited to learn more about the concept of the MOHOLESS brand in the section. MOHOLESS is committed to reproducing the products as faithfully as possible; however a slight difference in relation to the presentation visuals cannot be completely ruled out given the mode of manufacture of the products.

Article 5: Price of items

All prices are indicated “net to pay” (VAT not applicable, in accordance with article 293 B of the CGI). Orders to countries outside the European Union are subject to any taxes and customs fees of the country of destination, payable by the Customer. The customer is also responsible for checking the possibilities of importing the products ordered under the law of the country of delivery. We recommend contacting the Customs Service for more information.

It is specified that the tax refund service is not available in the context of distance purchases of products MOHOLESS. The customer will receive, at the latest upon delivery, for each item, written confirmation of the price. paid detailing the price of the items and the delivery charges incumbent upon him. MOHOLESS reserves the right to modify its prices at any time. The Products will be invoiced on the based on the prices in effect at the time the order is placed.

Article 6: Order PLACING AN ORDER

The individual Customer can place his order with MOHOLESS by internet 24 hours a day, 7 days a week. The ordering process consists of 6 successive steps. Once the selection of products has been made, and the basket has been validated, the Customer must: – clearly identify the products selected with the options of colors, sizes, … indicated on the website www.moholess.com; – indicate the quantities requested; – identify themselves either by entering their email address and password, which are strictly for them personal, or by mentioning all the information usually requested for a registration online ; – clearly indicate the information required for delivery. This concerns in particular the address precise delivery as well as any accessibility restrictions of the place of delivery (building, floor, digital code, etc.); – indicate the chosen delivery method; – finally, indicate the chosen payment method. Once the payment method has been selected, the Customer must proceed to payment for his order on the secure interface. Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees below mentioned. 

In all cases, the online supply of the bank card number and the final validation of the order by the Customer will be worth proof of the order and payment of the sums for the products selected in the order. This validation is worth signature and acceptance of all operations. carried out on the site www.moholess.com.

ORDER CONFIRMATION

An email is automatically sent to the customer to confirm the order taking provided that the email address indicated in the registration form does not contain an error. The Customer must verify the completeness and conformity of the information he provides. MOHOLESS cannot be held responsible for any data entry errors and consequences in terms of delivery delay or error. In this context, all the costs incurred for the return will be borne by the Customer.

ORDER TRACKING

The Customer can at any time consult the status of his order by consulting the “My account” section on the site www.moholess.com or by contacting the service clients. This monitoring allows the Customer to know the processing status of his order, but also the state of shipment or delivery of its packages. The latter followed by delivery is carried out in interface with the Internet means of tracking of the carriers. MOHOLESS cannot therefore be held responsible for unavailability or errors that may affect the information provided by its carriers. MOHOLESS strives nevertheless to make this information as clear as possible and to make it as reliable as possible transport with its carriers. The Customer can contact the service at any time MOHOLESS customers in order to be informed of the follow-up of their order.

PROOF OF ORDER

The computerized registers, kept in the computer systems of the company MOHOLESS in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.

Article 7: payment THE DIFFERENT MEANS OF PAYMEN

The order placed on the site www.moholess.com can be paid by:

  • Carte bancaire
    Nous acceptons :
    PAY PAL – STRIPE ALIPAY Carte Visa
    Mastercard / Maestro
    American Express
SECURING PAYMENTS

In order to ensure the security of payments, MOHOLESS uses the secure payment service STRIPE. Bank data is encrypted (SSL security standard) and therefore does not circulate unencrypted on the internet network.

FRAUD

MOHOLESS reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card or in the event of non-payment. MOHOLESS reserves in particular the right to refuse to make a delivery or to honor an order from a Customer which has not fully or partially settled a previous order or with which a dispute payment would be in the process of being administered.

Article 8: Terms of delivery
THE DIFFERENT DELIVERY MODES AVAILABLE

In order to facilitate the User’s purchases, MOHOLESS offers various delivery methods exclusively with COLISSIMO, which are as follows: 

SHIPPING 5-7 WORKING DAYS

– Metropolitan France 48h delivery time (2 working days) with COLISSIMO FRANCE (with or without signature or Relay point) – European Union Delivery time of 3 to 6 working days with COLISSIMO EUROPE. (With or without signature or Relay point)   – International and DOM-TOM Delivery time of 8 to 12 working days with COLISSIMO INTERNATIONAL Orders to countries outside the European Union are subject to any taxes and customs charges in the country of destination. These costs and the related formalities are the responsibility of the customer / recipient. The client is also responsible for checking the possibilities of importing products ordered under the law of the country of delivery. We recommend contacting the Customs Department for more information.

DELIVERY SERVICES

The products are delivered to the address indicated by the Customer on the order form. The Customer must verify the completeness and conformity of the information he provides to MOHOLESS, which cannot be held responsible for any data entry errors and consequences in terms of delivery delays or errors. In this context, all costs incurred for the reshipment of the order will be entirely the responsibility of the Customer. MOHOLESS cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike, in particular of the postal services and transport and / or communications).

SHIPPING TIMES

Orders placed online via the Site are collected every day from Monday to Friday, except public holiday. The processing and preparation time of an order is between 24H and 48H. An email is automatically sent to the Customer at the time of the shipment of the Products. Upon receipt of the shipping confirmation email, the Customer can take into account the delays of the carriers announced above.

TRANSPORT TIMES

Transport times depend on the carrier chosen by the Customer and the place of delivery. MOHOLESS informs Customers as an indication of the deadlines which are announced to it by the means of transport chosen. The shipping costs are calculated according to the country of delivery at the time of the basket and are confirmed definitively depending on the mode of transport and the delivery destination chosen, before the final validation of the order. However, MOHOLESS informs its Customers that the announced deadlines do not include Saturdays, Sundays and public holidays. The delivery times indicated above are only indicative and depend on of the carrier. The responsibility of MOHOLESS could not be engaged in the event of delay in delivery, and this for whatever reason.

CONDITIONING

The products are packaged in such a way as to ensure optimal protection of the products during their delivery. The Customer is asked to respect these same standards when returning a product, whether during after-sales service, or when returning for exchange. In the event of a product return, if we note that the product returns to us damaged due to insufficient quality packaging, MOHOLESS may decide to only partially reimburse the product or to refuse to pay it. reimburse if it is not possible to resell as is.

CUSTOMER RESPONSIBILITY FOR CHECKING PACKAGES ON RECEIPT

MOHOLESS reminds that it is the Customer’s responsibility to inspect their packages upon receipt in the presence the deliveryman and immediately notify the carrier and MOHOLESS customer service of any anomaly observed (shock, damaged package, delivery date not in accordance with the normal deadlines of the delivery). In the event that such information has not been entered on the delivery slip presented to the Customer by the carrier, no complaint relating to the condition of the package (s) could be accepted a posteriori by MOHOLESS.

Article 9: Retention of title clause

Until full payment of the order, MOHOLESS remains the owner of the Products ordered by the User. The risks are transferred to the delivery provider at the time of taking charge of the shipment of the order, then transferred to the User upon receipt of the order by the latter. Article 10: Right of withdrawal

RIGHT TO RETRACT

The customer has a legal right of withdrawal which he can exercise within 14 days of the receipt of the goods, under the conditions provided for in Articles L. 221-18 and L. 221-20 of the Code of consumption, if it meets the conditions set by these provisions, without having to justify its decision or to pay penalties. To notify his decision to withdraw, the customer can contact MOHOLESS by email at the address next: contact@moholess.com.

RETURN OF ARTICLES

To return the items that they have already received, the customer must do the following: Return items by post. The customer must, within fourteen (14) days above, communicate its decision to withdraw to MOHOLESS and return the article concerned. The direct costs of returning the item will then be borne by the customer. It will belong the customer to provide proof of this return, which assumes that the items must be returned by registered mail, or any other means giving a certain date, the costs and risks of return remaining the responsibility of the customer. The customer must return the items delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.). Returned items incomplete, spoiled, damaged, deteriorated, soiled or in any other condition which would leave reasonably believe that they have been used, will not be refunded or exchanged and will be returned to him.

EXCHANGE

MOHOLESS offers its customers the possibility of exchanging items delivered within fourteen (14) days following receipt. The customer can then return the items concerned under the conditions referred to in the “Return of Items” paragraph above. In the event of an exchange of items, the original sale will be void. The payment of the news sale will be made by compensation with the amount of the previous sale, being understood that any overpayment will be the subject of a credit note usable within the 1 year period. In the case of a gift, the option of exchange may be exercised by the recipient of the gift. In the event of an exchange of articles, the new sale will be subject to these Conditions General Sales. As part of the exchange trade policy proposed under this item, MOHOLESS reserves the right to refuse an exchange beyond two (2) successive requests. In addition, the delivery costs paid, if applicable by the customer will not be refunded.

REFUND

The reimbursement of the sums paid for the returned item (s) will be made within fourteen (14) days following the date of receipt of said items by MOHOLESS The refund will be made, depending on the method of payment for the items, by credit to the account customer’s bank account corresponding to the bank card used for payment. Pursuant to Article L.221-24 of the Consumer Code. In the case of a gift, the right of withdrawal remains for the exclusive benefit of the customer and cannot under any circumstances case to be exercised by the recipient of the gift.

Article 11: Legal guarantees

The user benefits from the warranty against hidden defects and compliance in accordance with the provisions Articles 1641 to 1649 of the Civil Code, L217-4 to L217-14 of the Consumer Code to obtain in justice repair or replacement of the good and if impossible, the resolution or reduction of the price. LEGAL GUARANTEE AGAINST HIDDEN DEFECTS Article 1641 of the Civil Code: “The seller is bound by the guarantee on account of the hidden defects of the item sold which make it unsuitable for the use for which it is intended, or which reduce this use so much that the buyer would not have it not acquired, or would have given a lesser price, if he had known them. ” Article 1648 paragraph 1 of the civil code: “The action resulting from crippling defects must be brought by the purchaser within two years of from the discovery of the defect ”.

MOHOLESS is a designer brand whose vocation is to revalue leathers that may have minor defects. MOHOLESS hereby undertakes to inform its customers of the conditions and the condition of its products with the mention “Leather with minor defects” written in the center, at the top of each product page concerned. The accessories are sold as is.

LEGAL GUARANTEE OF CONFORMITY

Article L217-4 of the Consumer Code: “The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity upon issuance. It also responds to any lack of conformity resulting from the packaging, assembly instructions or of the installation when it has been charged to it by the contract or has been carried out under its responsibility “. Article L217-5 of the Consumer Code: “To be in conformity with the contract, the good must: 1 ° Be suitable for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that he presented to the purchaser in the form of a sample or model; – have the qualities that a buyer can legitimately expect given public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or have the characteristics defined by mutual agreement by the parties or be specific to all special use sought by the buyer, brought to the attention of the seller and which the latter has accepted “. Article L217-12 of the Consumer Code “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good ”.

Article 12: Intellectual property

The “MOHOLESS” brand, as well as all figurative or non-figurative marks and more generally all other brands, illustrations, images or logos appearing on MOHOLESS articles, their accessories, their packaging or the Site www.moholess.com, whether registered or not, are and will remain the property exclusive to MOHOLESS. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of MOHOLESS, is strictly prohibited. It is the same for any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same will apply to all copyright, illustration, designs and models, patents which are the property of the company MOHOLESS. The User who has a personal website and who wishes to place, for a personal use, on its site a simple link directing to the home page of the MOHOLESS brand site, must request authorization from the MOHOLESS company.

Article 13: Personal data

The MOHOLESS company, responsible for processing, collects mandatory personal data. These data collected is necessary for the processing, tracking and delivery of your order, as well than the preparation of invoices. On the other hand, this data may be necessary to address offers, news or personalized or non-personalized advertising, only in the event of acceptance of these. They can also be used for carrying out statistical analyzes. The company MOHOLESS ensures to take all the necessary measures, in accordance with the law Informatique et Libertés of January 6, 1978 and the General Data Protection Regulations (RGPD) of April 27, 2016, to ensure the protection, confidentiality and security of data personal. To find out more about their rights, use and protection of this data, the User can see the “PERSONAL DATA” section.

Article 14: FORCE MAJEURE

The execution by the company MOHOLESS of all or part of its obligations will be suspended in the event of a fortuitous event or force majeure that would interfere with it or delay its execution. Are considered as such, in particular, without this list being exhaustive, riots, insurgency, social unrest, strikes of all kinds and MOHOLESS company’s supply problems. MOHOLESS will inform the customer of a similar fortuitous event or force majeure within seven (7) days of its occurrence. In the event that this suspension continues beyond a period of fifteen (15) working days, the customer would then have the possibility of terminate the current order, and it would then be refunded within conditions set out in Article 8 of these General Conditions of Sale.

Article 15: Applicable law and disputes

These general conditions of sale are subject to French law. Any disputes that might arise over the validity, interpretation, the execution or termination of this contract will be subject to the jurisdiction of French courts, notwithstanding multiple defendants and / or warranty claim, even for emergency procedures or interim interim proceedings or by request. The competent court in the event of a dispute will be that of the place of domicile of the defendant.