General conditions of use and sale

General conditions of sale

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The consumer has a period of two years from delivery of the goods to obtain the implementation
implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the
The consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the supply of digital content or a digital service of
continuously for a period exceeding two years, the legal guarantee is applicable to this content
digital or this digital service throughout the planned supply period. During this period, the
The consumer is only required to establish the existence of the lack of conformity affecting the digital content or the
digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all the
updates necessary to maintain the conformity of the property.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within
within thirty days following his request, free of charge and without major inconvenience to him.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from a
six-month extension of the initial warranty.
If the consumer requests the repair of the goods, but the seller imposes replacement, the guarantee
legal conformity is renewed for a period of two years from the date of replacement of the
GOOD.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by
having the property fully reimbursed against return of the property, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the good occurs after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer,
in particular when the consumer definitively bears the costs of recovery or removal of the goods not
compliant, or if it bears the costs of installing the repaired or replacement property;
4° The non-conformity of the goods persists despite the seller's attempt to bring them into conformity
unsuccessful.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the defect
of conformity is so serious that it justifies the reduction of the price or the termination of the contract being immediate.
The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to rescission of the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which
remained to run until delivery of the restored property.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Code of
consumption.
Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to
civil fine of up to EUR 300,000, which may be increased to 10% of turnover
annual average (article L. 241-5 of the consumer code).
The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to
1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives
right to a price reduction if the property is kept or to a full refund upon return of the property.

This website is operated by MoustiZap. Throughout the site, we use the terms "we", "us" and "our" to refer to MoustiZap. This website, including all information, tools and services available from this site, is offered by MoustiZap to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Service”), including those terms, conditions and policies referenced herein and/or available by hyperlink.

These Terms of Use apply to all users of the Site, including without limitation individuals who are visitors, vendors, customers, merchants, and/or providers of content.

Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to this store shall also be subject to the Terms of Use.

You can review the most current version of the Terms of Use at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page from time to time for changes.

By continuing to access or use the website after any changes are posted, you accept those changes.


Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS OF USE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or territory and that you are the age of majority in your state or province or territory and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 – GENERAL CONDITIONS

We do not reserve the right to refuse service to anyone at any time for any reason.

You understand that your content (not including credit card information), may be transferred unencrypted and that this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We undertake to be held responsible if the information provided on this site is inaccurate, incomplete or outdated. All responsibilities will go directly to moustizap.

We are required to give you accurate and "true" information.

You acknowledge that it is your responsibility to monitor changes to our site.



SECTION 5 – PRODUCTS OR SERVICES (if applicable)

We have made every effort to display as accurately as possible the colors and images of the products that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We do not reserve the right to refuse any order you place with us.

We may not, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more information, please see our Return Policy .


SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own discretion and risk and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new services and/or features shall also be subject to these Terms of Use.


ARTICLE 8 – THIRD PARTY LINKS

Certain content, products and services accessible through our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating their content or accuracy, nor do we warrant and assume no liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made on any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to compensate anyone for any comments provided; or (3) to respond to any comments.


We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or intellectual property right.

You further agree that your comments will not contain any unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are entirely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The selected mediation entity is: SAS CNPM - MÉDIATION - CONSOMMATION. In the event of a dispute, the consumer may file their complaint on the website: https://www.cnpm-mediation-consommation.eu/ or by post by writing to CNPM MÉDIATION CONSOMMATION 27, avenue de la Libération - 42400 SAINT-CHAMOND

ARTICLE 10 – PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy .




ARTICLE 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:


(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state law, regulation, rule, or local ordinance; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.


ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, warrant or represent that your use of our Service will be uninterrupted, timely or error-free.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice. Of course, we do our best to provide you with the best possible experience on the Website.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

ARTICLE 14 – COMPENSATION

You agree to indemnify, defend and hold MoustiZap and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any laws or rights of a third-party.


ARTICLE 15 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If we determine or suspect, in our sole judgment, that you are failing or have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice.

You will then remain liable for all amounts owed up to and including the date of termination, as a result of which we may refuse you access to our Services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.


ARTICLE 18 – APPLICABLE LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 6 Pl. Antoine Tacq, Lille, Hauts-de-France, 59000, France.


ARTICLE 19 – MODIFICATIONS TO THE TERMS OF USE


We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting such updates and/or changes to our website and consulting with an attorney as to the accuracy of our changes. It is your responsibility to check our website from time to time for changes. Your continued access to or use of our website and the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


ARTICLE 20 – CONTACT DETAILS

Questions regarding the Terms of Use should be sent to us at contact@moustizap.fr.

ARTICLE 21 – SMS AND REMARKETING

By consenting to MoustiZap SMS marketing in the checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned cart reminders), SMS marketing offers, and transactional texts, including review requests from us, even if your mobile number is registered on a state or federal do-not-use list. Message frequency varies. Consent is not a condition of purchase.

If you wish to opt out of receiving SMS marketing messages and notifications, please reply STOP to any mobile message sent by us or use the unsubscribe link we have provided to you in one of our messages. You understand and agree that other methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

For any questions, please send the message HELP to the number that sent you the messages. You can also contact us at contact@m oustizap .fr for more information.

We have the right to change any telephone number or short code that we use to operate the Service at any time. You will be notified when we do so. You agree that any messages you send to a telephone number or short code that we have changed, including any requests to STOP or HELP, may not be received, and we will not be required to honor any requests made in such messages.

Your right to privacy is important to us. You can consult our privacy policy to determine how we collect and use your personal information.

24/7 CUSTOMER SERVICE

Our team is at your disposal for any questions about our articles or your order.

SECURE PAYMENTS

Online payments are 100% secure by credit card and Paypal.

FREE SHIPPING

For every order, on all products, we offer delivery. Shipping within 24 hours.

SATISFIED OR REFUNDED

You can exercise your legal right of withdrawal as the law indicates.

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