GENERAL CONDITIONS OF SALE OF PRODUCTS SOLD ON WWW.MOODYZEN.COM

  1. PREAMBLE

Definitions

The general conditions of sale described below detail the rights and obligations of the moodyzen company and its customers in the context of the online sale of the Products present on the moodyzen.com website. 

Products: items available for sale on the moodyzen.com website

Buyer / Customer: natural person acquiring Products via the moodyzen.com website

Seller: Moodyzen, company registered under SIRET number 49997740300025 Shead office: 7 allées de Chartres 33000 Bordeaux, France. contact@moodyzen.com 

Date of last update: October 22, 2021 

 

Champ d'application

These general conditions of sale (hereinafter referred to as "Conditions") are exclusively reserved for consumer and non-professional buyers. They govern the sales by the company moodyzen of goods available for sale on the moodyzen.com website. moodyzen reserves the right not to respond to orders from any person who is not an "end consumer" or to orders that do not comply with its commercial policy as defined herein.  

The Conditions are subject to French law.  

Any order placed with moodyzen therefore entails the Customer's unreserved acceptance of these conditions. These general conditions may be modified at any time and without notice by moodyzen, the applicable conditions being those in force on the date of the order by the Customer.

Acceptance 

The acceptance of the Conditions is made tacitly by the validation of the order by the Customer. By proceeding to payment, the Customer indicates that he accepts these Conditions without reservation. 

Evidence 

The Seller and the Buyer agree that the e-mails exchanged between them validly prove the content of their exchanges and, where applicable, of their commitments, in particular with regard to the transmission and acceptance of orders. 

The data recorded by the services of moodyzen during the validation of the orders constitute the proof of all the transactions made between the Seller and its Customers. The data recorded by the payment system constitutes proof of financial transactions. 

Responsibility 

The Seller, in the online sales process, will only be bound by an obligation of means: its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, hacking, service disruption or other unintentional issues.

Applicable right

This website is subject to French law. 

In the event of a legal dispute, only the French courts will be competent. 

  1. PRODUCTS 

Characteristics and description of the Products 

Items sold by moodyzen are guaranteed new and have not, under any circumstances, been the subject of prior use. The photographs are intended to be as faithful as possible to the products sold, but the colors may undergo slight modifications from one computer screen to another without the Seller's liability being engaged or the regularity of the sale being disputed. . 

Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.). This Site or any part of this Site must in no case be reproduced, copied, sold or exploited for commercial reasons without the express written authorization of moodyzen.

In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full property of moodyzen.

The Customer is therefore required to respect intellectual property rights and may not in any way use the trademarks appearing on the Site and on the Products if applicable, or register a trademark that would prejudice the holder of the rights, unless otherwise provided by contract. The same applies to any other intellectual property right. 

Product Availability 

The offers presented by the Seller are valid as long as they are visible on the site, within the limits of available stocks. 

When a Product is no longer available, it is displayed as "Sold Out", and it is then no longer possible to order it.

Upon receipt of the orders, the Seller checks the availability of the Products ordered.

In the event that a Product ordered by the Buyer is unavailable, the Seller undertakes to inform the Buyer by e-mail as soon as it becomes aware of this unavailability. In the event of unavailability, the Seller undertakes to offer an exchange or to reimburse the Customer within 30 days of payment of the order. 

  1. PRICE 

Prices displayed 

The prices are indicated in euros all taxes included, excluding shipping costs and customs duties which will be borne by the buyer. 

The amount of VAT and shipping costs is specified to the Customer at the end of the selection of the various Products.

The Seller reserves the right to modify its prices at any time, but the Products ordered are invoiced at the price in effect when the order is registered. 

The products remain the property of the company moodyzen until full payment of the price. Warning: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you. 

Import duties and taxes 

In the event of an order from a country other than metropolitan France, the buyer is the importer of the Products concerned. 

For all Products shipped outside the European Union and in the DOM-TOMs, the price will be calculated excluding taxes automatically on the invoice. Customs duties, local taxes, import duties or state taxes may be required. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Buyer and are his full responsibility, both in terms of declaration and payment to the competent authorities and bodies of his country. The Customer is advised to inquire about these aspects with the local authorities.

The Seller refuses to underestimate the market value of the products on the transport documents. 

  1. ORDER PROCESS 

Customer's obligations 

The site is freely accessible without registration, but any order requires the Customer's registration.

The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.

During the first order, the Buyer must create his online account by filling in his personal details. The Customer undertakes to communicate to moodyzen the real and necessary information elements for the performance of the service covered by these conditions as requested online and according to his situation, in particular his surname, first name, address, telephone and valid email.

He must keep them updated and ensure their accuracy. The Customer can modify his data in the "my account" section. The following are required: e-mail, first name, last name, delivery address, billing address, telephone.

The Customer is responsible for the consequences arising from information transmitted that is false or inaccurate or whose recovery would be unlawful. The Seller reserves the right to close an account if the Buyer is in violation of applicable laws, these Conditions or any other terms, conditions, guidelines or policies of the company moodyzen. Before proceeding with the purchase of the Products, by sending the order form, the Customer is asked to read these Conditions carefully. Once the order has been placed, moodyzen sends the Customer an e-mail confirming it. He informs him of the dispatch of the Products. 

Any order appearing on the moodyzen.com website implies acceptance of these General Conditions. Any order confirmation entails your full and complete acceptance of these General Terms and Conditions of Sale, without exception or reservation.

Personal data 

The Seller undertakes not to communicate personal data concerning the Customer to third parties without the authorization of the latter. This data will only be used by the Seller's internal services for order processing and communication of moodyzen news (subscription to the newsletter, from which the Customer may unsubscribe at any time using a form or by simple request sent by e-mail to hello@moodyzen.com). 

  

In accordance with the amended Data Protection Act of January 6, 1978 amended by the Act of August 6, 2004, the Customer has the right to access and rectify personal data concerning him. To do this, he simply has to make the request by e-mail to hello@moodyzen.com with mention of his surname, first name and address. 

Confirmation of the order 

Before validating his order, the Buyer is invited to check, article by article, that the number, color, size and price are indeed taken into account in the order form.

The Customer validates his order when he activates the link "Validate my order" on the "Confirmation" page after having accepted the General Conditions of Sale.

moodyzen reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order. moodyzen can accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of the order confirmation.

Definitive or temporary unavailability does not in any way engage the responsibility of moodyzen nor does it give rise to any right to compensation or damages in favor of the Customer. The Seller confirms the order by e-mail which includes all the elements of the order. The data recorded by the company moodyzen constitutes proof of the nature, content and date of the order. 

  1. PAYMENT AND SECURING TRANSACTIONS

All orders must be paid in euros.

Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. Payment for orders is made by credit card or Paypal using the secure online payment system integrated into the Seller's website.

For any transaction, the Customer will indicate the number appearing on the front of his card, the expiry date of his card and the cryptogram appearing on the back of his card (last three digits).

Moodyzen retains ownership of the item until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by moodyzen are 100% secure. For payments by credit card (credit card, visa and mastercard credit card, e-credit card and American Express), all information that Customers communicate to moodyzen is strictly protected and guarantees the compliance and security of each transaction.

No cash on delivery will be accepted, whatever the reason. 

An invoice is sent to the Customer once payment has been made and delivered upon delivery of the order. Any exchange and bank charges will be borne by the Buyer. 

As part of the prevention of fraud, the Seller may ask the Buyer to provide him with a copy of his identity document and proof of address to validate his order. The Seller undertakes to destroy all the documents provided in this context once the checks have been carried out. 

  1. DELIVERY

The products are sent with the delivery note, to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. 

In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the delivery address (such as, in particular: street number, building, staircase, access codes , names and/or intercom numbers, etc.). Indeed, it is to this address that the package will be sent. 

moodyzen cannot be held responsible for any input errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the possible reshipment of an order will be borne by the buyer.

Some orders will be shipped in 2 separate packages. This is due to the fact that we store some of the products present on our website in our logistics warehouses in France and that certain products (essential oils, certain soaps, bath bombs, etc.) are stored at our partner in Spain. These will therefore be shipped from Spain but the deadlines will be close to those practiced for France. (GLS carrier)

Order processing 

The Seller undertakes to process the Order as quickly as possible, generally within two working days, and within a maximum period of 30 days following the validation of the order. 

Parcels are dispatched from Monday to Friday within 2 working days (in mainland France) following an order validated and paid for, except public holidays, otherwise stated and subject to product availability.

Any order placed between Friday 12 noon and Sunday evening will be processed from the following Monday, except public holidays.

An e-mail informs the customer of the delivery of the package to the carrier and communicates a tracking number in order to follow the shipping stages. If this deadline is exceeded by more than 7 days (except force majeure), the Customer may cancel his order free of charge by contacting the Seller by e-mail. The Seller undertakes to reimburse the Buyer without delay (by bank transfer), and at the latest within 30 days following the date on which this right was exercised.

The delivery time in metropolitan France is usually 2 to 3 days, 4 to 6 days in Europe and 5 to 10 days in the rest of the world.

moodyzen delivers its Products in France and in all countries of the European Union and can, on request, deliver to any country. Delivery services and participation in shipping costs. All packages are shipped via La Poste services. 

2 delivery methods offered for certain products: 

Delivery €4.90 (3 to 5 working days) via La Poste

Free delivery within 10 to 15 working days

Fixed amount of participation in shipping costs and indicative delivery times:

Metropolitan France :

Standard shipping costs (Colissimo delivery within 48 hours)

  • Ordered < à 39 euros : 4,90 euros
  • Order > 39 euros: FREE standard

Rest of the world: 25 euros

The delivery costs correspond to the current rates of our logistics partners and the cost of packaging. Transport-related problems: delay, damaged package, are the responsibility of the transport service. The risks related to the operation of delivery of the articles are the responsibility of the Customer from their dispatch.

Delivery delay

All orders are delivered without guarantee as to delivery times. Exceeding the deadlines given for information only cannot give rise to damages. The delivery times given above are those communicated by our partners responsible for the production of our products. the answerbility of the carrier or the Seller cannot be sought in the event of an impossibility of delivery due to an inaccuracy in the delivery address (it being specified that the designation of post office boxes is prohibited). 

Limit of liability

In case of return of the parcel due to the absence of the customer, to a problem in the delivery address or to an impossibility of receiving the parcel, moodyzen will invoice the costs of reshipment to the customer.

Moodyzen cannot be held responsible in the event of disruption, total or partial strike of postal services and/or carriers.

Control at reception 

It is up to the Customer, in the event of reservations related to the transport of the Products sold, in particular in the event of damage or missing items, to make all the necessary observations and to note them on the delivery slip. He must quickly contact the Seller within 3 days.

In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and moodyzen by registered letter with acknowledgment of receipt within 3 days of receipt of the Products.  

  1. RETURN AND EXCHANGE

Refund and exchange conditions 

Pursuant to Article L.120-20 of the Consumer Code, the Buyer has a period of 14 working days from the date of receipt (right of withdrawal) to return the Products to the Seller, without having to justify specific reasons, for an exchange or a refund. The return costs are then the responsibility of the Buyer.

Items must be returned in their original packaging, in perfect condition for resale. Otherwise, the products will not be refunded, taken back or exchanged.

Products returned incomplete, damaged or soiled will not be taken back and will be returned to the Customer as is, at the Customer's expense.

The exchange is at the Customer's risk. The Product must be returned within one week in its original packaging, in its original condition, new, unworn, unwashed, accompanied by the return form, to the following address: 12 chemin de Touya 33160 Saint médard en Jalles, France

Return request 

For a return request, the Customer must first make an exchange request by e-mail to: hello@moodyzen.com mentioning the order number and the Buyer's full contact details.

A confirmation acknowledging receipt of this return request will be sent by email. Upon receipt of the agreement, the Customer has 14 days to return the Product. After this time, the return will be refused. 

Repayment 

It is only after verifying that all these conditions are satisfied that the Seller will reimburse the sums collected for the returned items, with the exception of the return costs. The Seller undertakes to reimburse the Buyer without delay (by bank transfer), and at the latest within 14 days following the date of receipt of the returned products.

In the event that the above conditions are not met, no refund can be claimed: the Customer then remains the owner of the Product, which will be returned to him at his expense. 

  1. RELATIONS CLIENTS ET SAV 

For any information, question or complaint, the Customer may contact the Seller's Customer Relations department by e-mail: contact@moodyzen.com.