Our general terms and conditions of sale
Between the company Montessori Store S.A.R.L., 185 rue des Chênes, 45590 Saint-Cyr-En-Val, with share capital of €2000, registered with the Orléans Trade and Companies Register under number 817 690 050, SIRET 81769005000015, represented by Mr Shourane MEJJIOU, in his capacity as manager, duly authorised for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the site's home page.
Hereinafter the “Seller” or the “Company”.
Of the one part,
And the natural or legal person purchasing products or services from the company, hereinafter the “Buyer” or the “Customer”
Of the other part,
The following has been set out and agreed:
PREAMBLE
The Seller sells Well-being products as well as Montessori educational materials, exclusively for consumers, marketed through its websites (http://montessori-store.com ).
The list and description of the goods and services offered by the Company can be viewed on the aforementioned sites.
Article 1: Purpose
These General Terms and Conditions of Sale set out the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.
Article 2: General provisions
These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the Company's websites and form an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to amend them at any time by publishing a new version on its website. The applicable GTC are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GTC may be consulted on the Company's website at the following address: http://montessori-store.com/conditions-générales . The Company also ensures that their acceptance is clear and unreserved by providing a checkbox and a validation click. The Customer declares that they have read all of these General Terms and Conditions of Sale and, where applicable, the Particular Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that they have received the advice and information needed to ensure the offer matches their requirements. The Customer declares that they are able to contract legally under French law or that they validly represent the natural or legal person on whose behalf they are committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
The contribution to shipping costs depends on the weight of the order and is generated and indicated when the order is placed.
Article 2: Price
The prices of the products sold through the websites are shown in Euros, all taxes included, and precisely stated on the Product description pages. For all products shipped outside the European Union and/or to the French Overseas Territories (DOM-TOM), the price is automatically calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and amounts are not the responsibility of the Seller. They are payable by and the responsibility of the buyer (declarations, payment to the relevant authorities, etc.). The Seller therefore invites the buyer to enquire about these matters with the relevant local authorities. The Company reserves the right to change its prices at any time for the future. The telecommunication costs required to access the Company's websites are payable by the Customer, as are delivery costs where applicable.
The Seller undertakes to ship the order within 3 days and then rely on the Carrier's delivery terms.
The quality of the parcels is systematically checked before shipping. The goods therefore travel at the recipient's risk. If, despite the care taken with the packaging, a parcel arrives damaged, it is the recipient's responsibility to immediately make the necessary reservations with the carrier and to notify Montessori Store within 48 hours, failing which the investigation procedure cannot be initiated.
Article 3: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to place their order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product;
➢ Choice of the Product, where applicable its options, and indication of the Customer's essential details (identification, address, etc.);
➢ Acceptance of these General Terms and Conditions of Sale.
➢ Verification of the order details and, where applicable, correction of errors.
➢ Following the instructions for payment, and payment for the products.
➢ Delivery of the products. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgement of receipt confirming the order. They may receive a .pdf copy of these general terms and conditions of sale. For products that are delivered, delivery will be made to the address indicated by the Customer. For the proper fulfilment of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide truthful identification details.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
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Article 4: Products and services
The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company's websites. The customer certifies that they have received details of the delivery costs as well as the terms of payment, delivery and performance of the contract. The Seller undertakes to fulfil the Customer's order only within the limits of the available Product stock. Otherwise, the Seller will inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is summarised and confirmed when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value (we do, however, undertake to ensure that the products are functional for the Montessori method). The period of validity of the offer of the Products and their prices is specified on the Company's websites, as is the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless special conditions apply, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address provided). In accordance with the legal provisions regarding conformity and hidden defects, the Seller refunds or exchanges products that are defective or do not correspond to the order. A refund may be requested as follows: by telephone or email.
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
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Article 6: Delivery terms
The products are delivered to the delivery address indicated when the order was placed and within the stated time frame. This time frame does not take into account the order preparation time.
When the Customer orders several products at the same time, these may have different delivery times.
In the event of a delay in delivery, the Customer has the option of cancelling the contract under the conditions and procedures set out in Article L 138-2 of the French Consumer Code. The Seller then refunds the product and the outbound shipping costs under the conditions of Article L 138-3 of the French Consumer Code.
The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to ensure the order is tracked.
The Seller points out that at the moment the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to them. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stock or subject to the stock available from our suppliers.
Article 8: Payment
Payment is due immediately upon ordering, including for pre-order products. The Customer can pay by payment card or bank cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by bank card is carried out by our payment provider. The information transmitted is encrypted according to best practice and cannot be read while being transported over the network.
Once payment is initiated by the Customer, the transaction is debited immediately after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their bank details at the time of sale, the Customer authorises the Seller to debit their card for the amount relating to the stated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order cancelled.
Article 9: Withdrawal period
In accordance with Article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs”. “The period mentioned in the preceding paragraph runs from receipt for goods or from acceptance of the offer for the provision of services”. The right of withdrawal may be exercised by contacting the Company as follows: registered letter with acknowledgement of receipt.
In the event the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded; the return costs remain payable by the Customer.
Products must be returned in their original and complete state (packaging, accessories, instructions, etc.) so that they can be resold as new; without these items no return will be accepted; they should, if possible, be accompanied by a copy of the proof of purchase.
Article 10: Warranties
In accordance with the law, the Seller provides two warranties: of conformity and relating to the hidden defects of the products. The Seller refunds the buyer for products that are apparently defective or do not correspond to the order placed.
We encourage you to check your product carefully upon receipt. If you notice a lack of conformity, please contact us as soon as possible.
Article 11: Complaints
Where applicable, the Buyer may submit any complaint by contacting the company using the following details: contact@montessori-store.fr
Article 12: Intellectual property rights
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller's obligations under these terms is suspended in the event of a fortuitous event or force majeure that prevents their performance. The seller will notify the customer of the occurrence of such an event as soon as possible.
Article 14: Nullity and amendment of the contract
If one of the provisions of this contract were to be cancelled, this nullity would not entail the nullity of the other provisions, which would remain in force between the parties. Any contractual amendment is valid only after a written agreement signed by the parties.
Article 15: Protection of personal data
In accordance with the French Data Protection Act of 6 January 1978, you have the rights to query, access, modify, object to and rectify the personal data concerning you. By agreeing to these general terms and conditions of sale, you consent to us collecting and using this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the data controller (the Company) by registered letter with acknowledgement of receipt.
Article 16: Applicable law
All the clauses appearing in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.