General terms and conditions of sale
Article 1 - Definitions
"Customer": Individual who places an order or takes out a subscription on the website..
"GTC": General Terms and Conditions of Sale..
"Seller": www.cmonmug.com. This is the sales professional who offers customers products.
"Products": Goods offered for sale in the catalogue on the www.cmonmug.com website.
"Website": www.cmonmug.com. This is the seller's website used in the context of its professional activity.
"Order": Document used by customers to proceed with the purchase of products.
Article 2 - Purpose of these General Terms and Conditions
The purpose of these GCS is to describe the terms and conditions of distance selling of products between our company C Mon Mug ! and our customers.
As such, they set out all the rights and obligations of the parties with regard to their relationship.
The following rules apply specifically to the online sale of goods offered by the company
C Mon Mug ! from the website www.cmonmug.com. The aforementioned General Terms and Conditions of Sale are deemed to have been accepted by customers without reservation.
The company reserves the right to adapt, modify or delete any part of the GCS at any time, on the understanding that the version of the GCS applicable to customers remains that in force on the day of their order.
These GCS apply only to purchases made by purchasers located in France and delivered exclusively there. In the event of delivery outside French territory, a specific quotation must be drawn up.
Article 3 - Product information
The products governed by these General Terms and Conditions are those shown on our website www.cmonmug.com.
These products are offered while stocks last. However, variations in stock may occur in real time due to demand and system updates.
If a product ordered is not available, www.cmonmug.com undertakes to inform the customer as soon as possible and to offer alternatives where possible.
Each product offered for sale on www.cmonmug.com is accompanied by a detailed description that is as accurate as possible. This includes information such as technical characteristics, dimensions, materials used, colours available and any other relevant details. These descriptions are intended to provide customers with a precise overview of the products to help them make an informed choice.
Product images are not contractual.
Article 4 - Orders
Customers must place their orders in accordance with the specifications set out on the www.cmonmug.com website, for all the products listed therein and, of course, while stocks last.
Customers order directly from the catalogue on the www.cmonmug.com website.
Once the products selected by customers have been added to the basket, customers must check and correct, if necessary, the contents of their basket before validating it.
For the order to be validated, customers must accept these GCS by clicking where indicated and indicate the address, delivery method and payment method they wish.
Acceptance of the order by the customer will activate the sending of a confirmation e-mail by the seller.
In the event of non-payment, an incorrect address or any other problem resulting from the customer's account, the company C Mon Mug !, seller on the website www.cmonmug.com, may block the order until the problem has been resolved.
The products offered for sale on the www.cmonmug.com website vary according to available stocks. If a product is unavailable after an order has been placed, the customer will be informed by e-mail as soon as possible. The customer will then have the option of cancelling the order for the unavailable product and being reimbursed for the corresponding amount. For the rest, however, the order remains firm and definitive.
Article 5 - Prices and payment terms
The company reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to the products available on that date.
The prices indicated include VAT in euros and do not include delivery costs, which will be invoiced in addition and specified before the order is validated.
Payment of the full price is due immediately on confirmation of the order.
The sums paid cannot be considered as deposits or advance payments.
The sale will be considered final once the seller has sent an e-mail to the customer confirming acceptance of the order, and once the price has been paid to the seller.
To pay for their order, customers can choose from the various secure payment methods made available by C Mon Mug ! and listed on the www.cmonmug.com website. The various payment methods are :
Article 6 - Late payment
The company C Mon Mug ! reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for an order or with whom a payment dispute is in progress.
As part of an order verification procedure and in order to ensure that no one is using another person's bank details without their knowledge, the company may ask customers to send a copy of their identity card and proof of address by e-mail. The order will then be validated after verification of the customer's personal details.
Article 7 - Electronic signature
The final validation of the order and the online provision of the customer's bank details constitute express acceptance of all the operations carried out.
This is also proof of the customer's agreement that the sums due are payable.
In the event of fraudulent use of the bank card, customers are invited to contact the company C Mon Mug ! as soon as possible by e-mail at: contact@cmonmug.fr.
Article 8 - Tracking and delivery arrangements
Products are delivered in mainland France and in countries of the European Union within a maximum period of D+2 to D+5 by colissimo from receipt by the seller of the order form.
Delivery costs are the sole responsibility of the customer and may vary depending on the type of order.
Delivery costs are indicated to customers as soon as they check product availability.
Products are delivered to the address indicated by customers on the order form. In this respect, customers must ensure that the address information given is correct.
When parcels are returned to the company C Mon Mug ! The company can resend the parcels at the customer's expense, when the return is linked to an incomplete or erroneous address.
The company, the seller, undertakes to ensure that the products delivered comply with the order and with legal and regulatory obligations.
If the products do not conform to the order, customers may ask the company to make a new delivery at the company's expense.
The company C Mon Mug ! can only be held responsible for exceeding the availability or delivery date after having been given formal notice, by registered letter with acknowledgement of receipt, by the customer to deliver the products within a reasonable time.
If the delay in delivery is due to force majeure, then the company will not be held liable.
If delivery is not made, customers may withdraw from the sales contract, which will then be declared cancelled and customers will have to be reimbursed.
The transfer of ownership and risks of the products occurs on delivery of the products.
Products being delivered are therefore at the sender's risk.
At the time of delivery, if the original packaging is damaged or still open, customers must check the condition of the products. If the products are damaged, customers must refuse the parcel and note the reason for refusal on the delivery note.
Article 9 - Delivery errors
On the day of delivery or at the latest on the first working day following delivery, customers must notify the company C Mon Mug ! any claims for delivery errors or non-conformity of the products with the order form.
Complaints made after this deadline will be rejected.
Complaints should be made by e-mail to: contact@cmonmug.fr.
No claim that is not made in accordance with the provisions set out above and within the time limits set shall be taken into account.
In the event of an error in delivery, products to be exchanged or refunded must be returned to C Mon Mug ! in their original packaging to the following address: (Warning! Items returned incomplete, damaged, deteriorated or dirty by the customer, will not be exchangeable and will be returned immediately)
C Mon Mug!
28 Rue du Montchoix
50000 SAINT GEORGES MONTCOCQ
France
In this case, the cost of returning the goods will be borne by the company.
Article 10 - Right of withdrawal
10.1 In accordance with the provisions of article L. 221-18 et seq. of the French Consumer Code, customers have, as a matter of principle, a cooling-off period of 14 days from the day after they receive the products..
If the order covers several products delivered separately, the 14-day period will start to run from receipt of the last product.
Once customers exercise their right of withdrawal, they do not have to give any reasons for their decision, nor do they have to bear any costs other than those corresponding to the cost of returning the products in accordance with article L.221-23 of the French Consumer Code.
In order to exercise their right of withdrawal, customers must inform the company C Mon Mug ! of their decision before the expiry of the 14-day period by sending the following form by e-mail to: contact@cmonmug.fr :
"To the attention of C Mon Mug!
I/We(*) hereby notify you of my/our(*) withdrawal from the contract for the sale of the product(*) below:
Ordered on(*) / received on(*) :.............................................
Name of consumer(s):......................................
Address of consumer(s):...................................
Signature of the consumer(s) (only in the case of notification of this form on paper):..............................................................................
Date:..................................................................................
Signature:..........................................................................
(*) = Delete as appropriate".
10.2 In accordance with the provisions of article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised in several cases including the case where the products are personalised or with regard to the supply of digital content not supplied on a material medium..
10.3 Once the right of withdrawal is exercised by customers within the limits of the provisions in force, the company C Mon Mug ! is obliged to reimburse customers for all sums paid, including delivery costs, no later than 14 days from the date on which the company C Mon Mug ! was informed of the customers' decision to withdraw..
Article 11 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described in this contract, is due to force majeure, as defined in article 1218 of the French Civil Code.
The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
Cases of force majeure are all facts and circumstances that are irresistible, external to the parties, unforeseeable, unavoidable and beyond the control of the parties, which prevent the normal performance of the sales contract.
In the event of force majeure or an act of God, the parties will agree the conditions under which the contract may be continued.
Article 12 - Guarantees
The company C Mon Mug ! guarantees its customers against any lack of conformity and hidden defects in the products.
The company guarantees all the products and goods covered by the sales contract.
It ensures that no errors are made on the website or in the products.
Customers thus have the possibility of making a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code. This request should be made by e-mail to: contact@cmonmug.fr.
Please note! Items returned by the customer incomplete, damaged, deteriorated or dirty cannot be exchanged and will be returned immediately.
Article 13 - Intellectual property
The content of the C Mon Mug ! website, i.e. www.cmonmug.com, remains the property of the seller.
The company is therefore the sole owner of the intellectual property rights to the content of the website.
Customers undertake not to use the content of the website without the prior written consent of C Mon Mug !
By agreeing not to use the content of the website, customers undertake not to use any mention of the website, or the brand name, logos, drawings, photos, illustrations, videos, etc., in any way whatsoever.
Any unauthorised use is liable to constitute an infringement punishable by law.
Article 14 - Information technology and civil liberties
The information collected by the company C Mon Mug ! benefits from the protection of the French Data Protection Act n°78-17 of 6 January 1978 as well as the General Data Protection Regulation (RGPD) applicable since 25 May 2018.
The company C Mon Mug ! collects personal data on customers in order to be able to sell products and is therefore responsible for processing said data.
The company guarantees the security of the information it receives and the protection of its customers' privacy.
The information collected may be used for commercial prospecting purposes or to improve the quality of the company's services, with the customer's consent.
Customers may object to the communication of their data by sending an e-mail to: contact@cmonmug.fr
Customers also have a right of access, opposition, rectification and deletion of their personal data, which they can exercise by sending an e-mail to the company at the address given above.
Customers also have the option of recovering data communicated to the company, requesting its destruction or transferring it to another company.
Article 15 - Partial non-validation
If one or more clauses of these General Terms and Conditions are declared to be contrary to a mandatory legal provision, the other clauses of these General Terms and Conditions shall nevertheless remain applicable and the sales contract shall not be affected.
Article 16 - Disputes
In the event of a dispute arising from the contract or the GTC, the parties agree to give priority to finding an amicable solution.
Any disputes that cannot be resolved amicably between C Mon Mug ! and its customers will be referred to the competent courts.