Terms of Sales

Preamble

The www.moodntone.com website is published by MOODNTONE SAS, a simplified joint-stock company with capital of €2,000, whose head office is located in Metz (57000), 15 rue Clovis, registered in the Trade and Companies Register ( RCS) under no. TI 831 800 024, intra-community VAT number FR06831800024 hereinafter referred to as Moodntone.

Moodntone is registered in the National Register of Furniture Marketers under number FR032501_10AN7C. By joining Eco-Mobilier, Moodntone is in compliance with the regulatory obligations incumbent upon it pursuant to article L541-10-6 of the Environmental Code.

Moodntone is the author of the offer of sale relating to the products presented on its website: www.moodntone.com (hereinafter the "Website").

These general conditions of sale apply between Moodntone and any Purchaser of the Website www.moodntone.com.

Moodntone reserves the right to adapt or modify these general conditions of sale. Confirmation of the order by the Buyer implies unreserved acceptance of these general conditions of sale which prevail over all previous versions or specifications issued by the Buyer, including by exchange of e-mails.

In the event of modification, the General Conditions of Sale applicable to the Buyer's order are those which were online, and which the Buyer accepted on the day of placing his Order.

Article 1. Definitions

‐ “General Terms and Conditions of Sale” or “GTC”: refers to this document, ie the terms and conditions that apply in relations between Moodntone and the Buyer.

- “Website”: refers to the website operated by Moodntone and located at the address www.moodntone.com or at any other address which may replace it.

- “Buyer”: refers to a natural person and adult who has placed one or more orders on the website www.moodntone.com and who has adhered to the GCS.

‐ “Order”: refers to a Buyer's purchase order relating to one or more Product(s) placed through the use of the Website or via Customer Service.

- “Product”: refers to a product offered for sale on the Website.

- “Member”: refers to a natural person and adult who has completed the registration procedure available on the Website.

Article 2. Purpose

The Moodntone Website is an e-commerce site offering its members offers of Products on permanent sale, subject to available stocks.

The Products are sold in mainland France, Corsica (only on quotation), Spain (excluding islands), Italy (excluding islands), Belgium, Germany, Luxembourg and the Netherlands.

The General Conditions of Sale apply to all transactions and contracts concluded with Buyers of the Website, as well as to relations between Moodntone and its Members.

Article 3. Creation of an account

Registration and creation of an account is mandatory and free to make purchases on the Website.

The Buyer must provide all the information required in the registration form. In addition, the creation of an account is mandatory to become a Member and benefit from all private offers, private sales or any other commercial operations reserved for customers of the Website.

To this end, the Buyer declares to provide complete and up-to-date, non-erroneous personal information and data, such as to allow its precise identification in any situation.

When creating his account, the Buyer chooses an identifier and a password. He is informed that his username and password are personal and confidential and as such, he undertakes to safeguard the confidentiality of his password and not to communicate it to third parties.

This account will be accessible at any time by the Buyer using his identifiers.

The Member may also manage his password, his personal data and his subscription to the Newsletter of the Website.

By creating an account, Member and Buyer will accept Moodntone's Privacy and Cookie Policy.

Article 4. Offer of products

The Product offer is valid within the limits of available stocks. The Products offered for sale on the Website are presented in accordance with legal requirements and as accurately as possible. To this end, the Internet user visiting the Website will find on each Product page, the information sheet containing the main characteristics of the Product.

The photographs on the Website are provided by the Supplier and are presented for information purposes only and therefore have no contractual value.

Slight differences between the Products delivered and those represented on the Website may exist, mainly for artisanal Products for which the homogeneity of production cannot be perfectly ensured. These differences, since they do not relate to the essential characteristics of the Products and do not affect their quality, cannot justify a cancellation of the order or a refusal of delivery.

Article 5. Price

All the Products offered for sale on the Website are new products, in accordance with the European legislation in force and the standards applicable in France. All Product prices are indicated in euros including tax and do not include shipping costs.

Moodntone reserves the right to modify its prices at any time without notice. The products will be invoiced to the buyer on the basis of the prices at the time of the validation of the order.

Delivery rates are calculated based on the brand, weight, dimensions of your package and destination. When the buyer adds a product to his basket, the shipping costs are calculated automatically.

Moodntone reserves the right to cancel the sale of a product if the price indicated to the Buyer presents an obvious error. If payment has already been made, the sale will be immediately refunded by Moodntone.

Article 6. Payment

The Website offers the Buyer various means of payment to pay for his order.

Payment by credit card:

Payment by Credit Card on the Website is 100% secure. It is carried out in full with the order and in euros exclusively. To guarantee a very high level of security, the Website works with the Monetico payment platform, distributed by the Crédit Mutuel CIC group.

All transactions carried out by Bank Cards are encrypted by the SSL protocol, enhanced protection for your online purchases. All the information relating to your Bank Card is neither kept nor recorded by Moodntone.

When paying by Credit Card with authentication, a 3D-Secure window managed by the buyer's bank will be displayed. Entering an authentication code specific to each bank (date of birth, code received by SMS, etc.) will verify that the buyer is indeed the holder of the card used for payment. The payment of the order will be validated and the transaction finalized after confirmation from the bank.

The credit card is debited within 2 to 5 days after placing the order.

Payment by Paypal:

PayPal is a secure payment method that allows the Buyer to quickly pay for the Products without sharing their bank details with the seller sites. It is sufficient for the Buyer to indicate them when creating his PayPal account. They will then be encrypted and secure.

If the Buyer already has a PayPal account, he can use it on the Website to pay for his purchases quickly and securely.

If the Buyer does not have a PayPal account, he can still choose this method of payment. When paying, he will then be directed to a PayPal page where he can enter his bank details and choose whether or not to create a PayPal account.

Payment by Bank Transfer:

The Website also offers the secure method of payment by Bank Transfer. When ordering, and after selection of this payment method, Moodntone's bank details will be communicated to the Buyer. The processing of the order may take slightly longer, it is processed upon receipt of payment.

Article 7. Delivery times

Delivery times are for information only: these are estimated times indicated on each Product page of the Website. The estimated delivery date is mentioned on each Product page and during the purchase process.

Product delivery times may vary slightly due to different items. Most of the products offered are handcrafted and made to order, so manufacturing times may be longer or shorter depending on the period of purchase, the current situation and the number of orders to be processed from the various Moodntone suppliers. .

In the event of unavailability or out of stock, the Website undertakes to inform the Purchaser by email or telephone upon receipt of the information by its supplier(s). The Buyer may then choose to maintain his order, to exchange the unavailable product for another product or to cancel his order.

The Buyer has a period of 24 hours from the date of the order to proceed with any modification or cancellation of one or more Product(s) of the order in question, by contacting Customer Service. of the Website by email at hello@moodntone.com. After this 24-hour period, no change or cancellation can be taken into account.

Article 8. Terms of delivery

The Website delivers in mainland France, Corsica, Spain (excluding islands), Italy (excluding islands), Belgium, Germany, Luxembourg and the Netherlands.

Please make the request to hello@moodntone.com concerning the sending of a bulky product to Corsica in order to know if it can be sent or not.

Whatever the product(s) ordered, the Website makes every effort to guarantee a quality delivery service and adapts its modes of transport to the nature of each of the orders.

The Website offers several delivery services in mainland France and Europe:

- For small parcels, the Buyer can choose between home delivery, to a local collection point or to make a collection in the Click&Collect of the Website located at 5 rue des Potiers d'Étain, 57070 Metz, France.

- For large parcels, the buyer can choose between home delivery or make a collection in the Click&Collect of the Website at 5 rue des Potiers d'Étain, 57070 Metz, France. The delivery is made by a specialized carrier, who will contact the Buyer by telephone, sms and/or email to set a delivery date according to his availability.

The choice of carrier depends on several factors and can only be established after knowledge of all the elements that make up the order (weight, dimensions, nature).

Moodntone customer service is available to the Buyer to answer all his questions, before or after placing the order.

Deliveries do not include any installation or upstairs services and are made at the foot of the building. However, it is possible to organize a delivery on a particular time slot, upstairs with two delivery people or in the room of your choice, on estimate only. If the Buyer wishes to opt for these services, he can contact Customer Service at hello@moodntone.com to obtain a personalized quote.

The quote will be sent to the Buyer as soon as possible.

Please note, with the COVID-19 pandemic, no upstairs deliveries can be made.

As of delivery, the risks of the goods are transferred to the Buyer.

Deliveries may be slightly slowed down during the summer period, during the end-of-year holidays or during exceptional events.

Article 9. Conditions of accessibility

When purchasing bulky items, the Buyer must ensure that the delivery truck has access to the street where the delivery address is located. The Website cannot be held responsible for the impossibility of delivering bulky items due to too narrow access.

In case of inaccessibility of the place of delivery of the order, the Buyer will be required to pay 50% of his order as well as all the delivery costs.

Article 10. Impossibility/refusal of delivery

The Products are delivered to the delivery address mentioned by the Buyer when finalizing the purchase. In the event of an error in the wording of the delivery address by the Buyer, the Website cannot be held responsible for delays or non-delivery of products ordered. In this case, the costs incurred for the return of the goods will be charged to the Buyer.

The impossibility for the carriers of the Website to deliver the product(s) on the agreed date, in the event of the Buyer's absence or for lack of information may also give rise to the payment of additional delivery costs. and/or cancellation of the order by the Website.

As mentioned in article 8 "Terms of delivery", by default deliveries do not include any installation or upstairs service and are made at the foot of the building. In the event of refusal of delivery by the Buyer under these conditions, the Website cannot be held responsible. Delivery costs incurred in sending and returning the goods will be borne by the Buyer.

Note that any indication or request for delivery to the floor mentioned in the comments area when placing the order cannot be taken into account by the carriers of the Website. As a reminder, if the Buyer wishes to opt for installation or upstairs services, it is necessary to contact our customer service at hello@moodntone.com in order to obtain a personalized quote before or during of ordering. The payment of the additional delivery costs will attest to the validation of the service.

Article 11. Reception & Complaints

Given the fragility of the products shipped, Moodntone attaches great importance to packaging and takes all necessary precautions to protect the products against any shocks that may occur during transport.

The Website informs the Buyer that it is his responsibility to inspect and open his packages upon receipt of delivery and in the presence of the delivery person. The Buyer will formalize his acceptance of the delivery by signing the delivery receipt issued by the carrier.

Under penalty of inadmissibility of his request, the Buyer must:

1. Refuse the package(s) and make specific reservations on the delivery note in the event of damage or missing products. The general reserves of the type “subject to unpacking” being insufficient.

2. Describe the anomalies and damage suffered by the goods (and not exclusively by the packaging) with the reference or the name of the parts concerned on the delivery note.

3. Confirm reservations for missing items or damage by email to hello@moodntone.com

In the event of non-compliance with these indications and non-verification of the product(s) in the presence of the delivery person, Moodntone cannot be held responsible for any shortage or damage, and cannot proceed to a replacement or refund .

If, in an exceptional case, the Buyer cannot check the condition of the products in the presence of the delivery person during delivery, he must imperatively inform Moodntone by email at hello@moodntone.com within a maximum of 24 hours, and by communicating photos of the products in question (products + packaging), so that Moodntone can open a dispute procedure.

In the event that an order is indicated as being delivered by the carrier and the Buyer has not received it, the latter must also inform Moodntone by email at hello@moodntone.com within a maximum of 24 hours. A certificate of non-receipt will be sent by email to the customer: this must be completed, signed and sent to Moodntone customer service by email within a maximum of 7 days. If Moodntone has not received the duly completed certificate within 21 days following the day of delivery mentioned by the Carrier, no compensation can take place and Moodntone cannot proceed to a new shipment or refund .

Article 12. Withdrawal period

In accordance with the Consumer Code, the Buyer has a right of withdrawal of 14 calendar days from the day of receipt of the products.

Return costs are the responsibility of the Buyer, except in the case of delivery of a defective item.

Prior to any return of a Product, the Buyer must inform the Website of its decision by email to the address hello@moodntone.com.

After validation of his email by Customer Service, the Buyer must return the product(s) which does not give him complete satisfaction to the following address:

MOODNTONE SAS

5 rue des Potiers d'Étain

57070 Metz

France

Any returned order must be accompanied by the order number, information concerning the Buyer (surname, first name, delivery address, telephone number, email address) as well as the reason for the return.

The following are not taken back, exchanged or refunded:

- Products returned damaged, incomplete, soiled or without the original packaging.

- Products returned without prior written notification from the Buyer to exercise his right of withdrawal.

This right of withdrawal is not applicable to products manufactured according to the Buyer's specifications (finishes, materials, choice of fabric, base, etc.), and more generally, any personalized product, made to measure, or which, from of its nature, cannot be returned or is liable to deteriorate.

Article 13. Reimbursement

The refund of the order will be made after receipt and verification of the products, excluding delivery costs. The Website will proceed to the partial or full refund of the order within 14 calendar days from the date of receipt of the product(s) at the address provided, and using the same means of payment used during the transaction. initial.

Article 14. Responsibilities

Navigation on the Website www.moodntone.com is the sole responsibility of the users. The Website cannot be held responsible for any breakdowns, errors or computer viruses that could hinder the continuity of access to its site. The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of the seller cannot be engaged in the event of an error in one of these photographs or one of these texts.

In the online sales process, the Website cannot be held responsible for any direct or indirect damage related to the use of the Internet such as loss of data, intrusion, virus or other technical problem.

Article 15. IT & Freedoms

In accordance with the French law "Informatique et Libertés" n ° 78-17 of January 6, 1978 as amended, the Buyer may request access to information concerning him, to have it rectified, modified or deleted, or to object to their processing by Moodntone by writing to hello@moodntone.com.

Article 16. Applicable law

These General Conditions of Sale are subject to French law.

Relations between the Buyer and the Website, in respect of orders placed on the Website, will be governed by French law. For any dispute relating to the contract between the Website and the Buyer, the court of Metz will have sole jurisdiction.

Article 17. Promotional codes

The promotional codes highlighted on the Website apply excluding excluded brands and cannot be combined with other current codes, with the exception of coupons from loyalty points.

Contact Customer Service for any information relating to brands excluded from current promotional codes.

Article 18. 1 for 1 recovery

The best waste is that which is not produced, hence the importance of reusing and reusing used furniture. Several options are available to you to participate in the second life of your products:

- Drop off your old products at a collection center near you

- Donate or resell your products on the second-hand market

- Opt for upcycling and give a second life to your product by personalizing it

- Ask Moodntone to take back your furniture products

The return of furnishing elements is carried out under conditions:

- The trade-in can only be made for the purchase of an equivalent piece of furniture on Moodntone (category, dimensions, weight)

- The recovery takes place the same day as the delivery of your order, at the foot of the building and on a pallet so that the package can be handled by a delivery person

- If the package weighs less than 30kg, the customer must go directly to a local collection point and is not eligible for home collection

- The return request must be made within 24 hours of placing the order, and information on the product concerned must be communicated to hello@moodntone.com in order to organize the collection (photos, weight, dimensions, number of packages)