The present conditions are concluded between, on one hand.

The company MOTELFRANCE

Company of Italian right with a capital of 99.000 euro Whose headquarter is located 43, street Santa Gonda - 59100 PRATO Italy And which the secondary establishment is situated: 208, rue Saint Denis - 75002 Paris RCS Paris 444 661 235 Intracommunity N°TVA 44 444 661 235

Web site: www.kosmika.fr
Referred hereafter as « MOTELFRANCE » an on the other hand The physical and moral persons wishing to make a purchase via the web site of MOTELFRANCE http: / to www.kosmika.fr (< the Site >) site of e-commerce below called « the User ». For the application of the present Terms and Conditions, it is advisable that the User and MOTELFRANCE will collectively be mentioned the "Parts" and individually called "Part" and that the User having validated an order will then be mentioned "Buyer". The rights and duties of the User apply inevitably to the Buyer.

The User who would like to buy on the site, declares to be of more than 18 years old and to have the full legal capacity or to benefit from the authorization of a person holder of the parental authority, the tutor.
Any order of an Article proposed on the site supposes the consultation and the express acceptance of the present Terms and Conditions, without however that this acceptance is conditioned by a handwritten signature on behalf of the User.
The present Terms and Conditions apply, without limitation nor reserve for all the sale conclude by MOTELFRANCE with non professional buyers, wishing to acquire articles proposed in the sale by the Sales persons managing the web sites mentioned above.
These General Conditions of Sale are accessible at any time on t web sites and will prevail,if necessary, over other version or quite other contradictory document.

Except contrary proof, the data registered by MOTELFRANCE establish the proof of all the transactions.
According to legal requirements, it is reminded that the validation of an order is made by ticking the square " Yes, I have read and accept the Terms and Conditions".This validation establishes an electronic signature which has, between the Parts, the same value as a handwritten signature and is worth proof of the completeness of the order and the payability of the sums owed pursuant to the aforementioned order.
In every case, the on-line supply bank card number and the final validation of the order will be worth proof of the completeness of said order according to the measures of the law of March 13th, 2000 and will be worth payability of the sums engaged by the seizure of articles appearing
The access to the site MOTELFRANCE is made in the normal conditions of connection to Internet. No additional cost of connection will be charged to the User. These Terms and Conditions which can be the object of modifications, the applicable conditions are the ones current in the date of validating of your order. The edition as well as the protection of these conditions recover from the responsibility of the Buyer.

 

Art. 1. Object

 

The present Terms and Conditions have for object to define, exclusively at the rate of the relations which the Parts establish on the internet network, their rights and duties respective stemming from the on-line sale of products proposed on the site. These conditions settle all the stages necessary for the validation of the order and assure the follow-up of this order between the Contracting Parts.
The Parts agree that their relations will be exclusively governed by the present contract.If a condition came to be lacking, it would be considered to be governed by the current manners in the sector of the online sale of companies which have their head office in France.

Art. 2. Articles - Prices

 

2.1 Articles

A part of articles is directly bought from the suppliers to constitute a meadow stock, the other part is ordered according to the number of orders made by the Buyers.
In case of unavailability of an article after signing of the order, due to a problem of delivery of our suppliers or a lack from stock, the Buyer will be informed about it by e-mail at the reception of the information communicated by the logistic department. The cancellation of the unavailable article and its refund will then be made, the rest of the order remaining definitive.

2.2 Pricess

The prices are in euro, they take into account possible reductions as well as the applicable VAT in the day of the order.
The indicated prices are guaranteed while stocks last, except important modifications of taxes in particular VAT, and errors such as typography or omission. The indicated prices do not take into account expenses of delivery which will be charged in addition and will be specified to the User during the definitive validation of his order.
MOTELFRANCE reserves the right to modify its prices at any time but Articles will be charged on the basis of the current price lists at the time of the order confirmation, under reserve nevertheless of the availability the aforementioned Articles.
n case of a validated order containing one or several erroneous elements (price, description, photo, etc..), MOTELFRANCE reserves the right to cancel it and to proceed to the refund of this last one

2.3 Advised Prices

The advised price indicated in the description of every article corresponds to the average sale price of the article in its distribution network in the date of marketing

Art. 3. Order validation

 

3.1 Navigation in the internet site

The User can acquaint with various Articles proposed in the online shop by MOTELFRANCE on its site.
The User can navigate the various pages of the site, without being engaged with an order.

3.2 Order validation

The User places his order via an Internet connection allowing him/her to navigate the site. To be accepted, his/her order will have to carry all the indications useful and necessary for its treatment. Furthermore, any order is worth acceptance of the Terms and Conditions, prices and description of articles available on the sale.
If the User wishes to validate an order, he/her will select various articles which interest him/her and will show his/her interest by clicking the compartment " Add to the basket ".
At any time, the User will can:

    • Obtain a summary of Articles which he/she selected, by clicking on "Go to see the “ basket "
    • Pursue his/her, selection of Articles by clicking on "Return to purchases"
    • End his/her selection of Articles and order Articles by clicking the logo Paypal having accepted the Terms and Conditions.

The User will have to validate the delivery address then a summary order will appear to the screen, specifying: the nature, the quantity and the price of one or several Articles selected by the User, as well as the amount of the expenses of delivery, the total of the order, the address and phone number of the user and the delivery address.
MOTELFRANCE is not capable of grouping together several not sent orders.

3.3 Order validation

Having acquainted with the detail of its future order and when all the wanted information will have been completed by the User, this last one can click " Pay the order" to confirm it definitively.
The payment is made by Paypal; the User will then have to provide certain information about the card used, or about his/her account Paypal.

    • The name of the holder of the bank card,
    • The number of bank card,
    • The expiry date of this one,
    • Its cryptogram (3-digit number appearing on the back of the bank card).

As soon as he/she confirms his/her credit card payment or Paypal, the order is registered and becomes irrevocable. The User becomes Buyer.
The order form will be registered on the computing registers of MOTELFRANCE, themselves kept on a reliable and long-lasting support, and will be considered as proof of the contractual relations between the Parts.

3.4 Order confirmation

When the User will have validated his/her payment by Paypal, a summary of the order will be sent by e-mail to the Buyer, at the e-mail address indicated by him/her at the time of the order. This confirmation will resume all the constituent elements of the contract intervened between the Parts.
MOTELFRANCE recommends to the Buyer to keep the e-mail confirmation of order o. However documents archived in the computer systems of MOTELFRANCE will be considered as legal proofs.

Art. 4. Payment

 

4.1 Order amount

The amount due by the Buyer is indicated before the validation of the order by the User as well as on the order confirmation sent via e-mail by Paypal or to the Buyer.

4.2 Payment conditions

The payment will be made only by Paypal.

4.3 Payment Confirmation

The order will be considered confirmed after authorization of the payment from the bank. In case of refusal of the bank, order will automatically be cancelled.
In any case, MOTELFRANCE reserves the right to refuse any order or any delivery in case of dispute with the Buyer, of total nonpayment or of partial payment of a previous order by the Buyer, a refusal of authorization of credit card payment from the bank. The responsibility of MOTELFRANCE cannot take legal action in case of dispute.

4.4 Payment deadline

When the Buyer pays with an immediate debit card, the bank account of the Buyer is produced in 2 in 5 days following the signing of the order. This deadline varies according to the bank organism.
In the case of a deferred debit card, the bank account of the Buyer will be produced by the amount of its order in the same conditions as the usual debits.

Art. 5. Delivery

 

5.1 Deadline of shipping and delivery

The deadline of shipping and delivery of an order corresponds to an indicative deadline from the day after the validation of the order from Buyer.
This deadline takes into account extensions of treatment and reception by MOTELFRANCE of Articles which compose the order. In any case it cannot be opposable and in case of unusual delay an e-mail will be sent to the Buyer.
The average deadlines of shipping are situated between manufactured 48 hours and 3 weeks. In this deadline is added the one of the carrier ( 2 working days).

5.2 Shipping

Further to the shipping of the order, the Buyer will receive an e-mail specifying him/her the number of follow-up of his parcel. The buyer can so follow the traceability of his parcel by clicking the link planned for that purpose.
Articles are sent at the delivery address indicated by the Buyer during his purchase.
MOTELFRANCE declines any responsibility in case of too important delay in delivery attributable to postal services or to carriers, as well as in case of loss of Articles during the transport.

5.3 Delay

Parcel are generally delivered under 2 working days following their dispatch date. If the Buyer is not present during the presentation display of the parcel in the delivery address, a calling card will deposited by the Carrier in the mailbox of the addressee to inform him/her about it. The Buyer, provided with an ID card, will then have to demand his parcel to the post office indicated on the calling card at the latest under two 2 weeks.
In case the Buyer was not capable of getting back his parcel, this one will have returned to the warehouses of MOTELFRANCE. MOTELFRANCE will then suggest to the Buyer to forward his/her order a second time. This last procedure also applies in parcel returned by the Carrier further to an incorrect delivery address or the unknown addressee.

5.4 Lost parcel

If in 5 working days which follow the shipping of the order, the Buyer did not still receive his parcel either from calling card or from precise information via the on-line follow-up of his parcel, he/she has to go in his/her closest post office or to his point parcel, provided with the number of follow-up of available parcel in the e-mail of confirmation which was sent to him/her during the shipping of the parcel.
If the Carrier finds no track of the parcel, the Buyer will have to get in touch as soon as possible with the Customer service of MOTELFRANCE.
The Customer service will open then an inquiry with the Carrier. The Buyer will receive an e-mail specifying him/her that a investigation was opened and that response times vary between 10 and 30 days as from the opening of the investigation. If the parcel is found, he it will be forwarded at once to the Buyer. If the parcel is considered as lost, MOTELFRANCE will proceed to the refund repayment of the total amount of the order.

5.5 Not corresponding delivery

In spite of the care brought to the preparation of the orders, certain Articles of a order can turn out missing or not corresponding.
That is why, in the reception of his order, the Buyer will watch to verify the conformity of received Articles. Any abnormality concerning the delivery (missing, hoarse, not corresponding Article or damaged parcel) must be necessarily notified, under eight ( 8 ) days following the reception of the parcel, with the Customer service of MOTELFRANCE. Any complaint formulated after this deadline will be rejected and MOTELFRANCE will be loosened of any responsibility.
If the above-mentioned conditions are filled, MOTELFRANCE will proceed then either to the refund of one (of) (the) defective Article (s), or to the forwarding of the Product missing (subject to the legitimacy of the request of the Buyer). MOTELFRANCE saves himself the possibility of asking, at its expenses, to the Buyer to return the defective Article. The refund intervenes within manufactured 72 hours maximum from the date of reception by MOTELFRANCE of the parcel.

5.6 Delivery except Metropolitan France

Any order sent outside France can be subjected to taxes or possible customs duties. These costs connected to the delivery are chargeable to the Buyer and recover from his/her responsibility. MOTELFRANCE is not obliged to inform the User of taxes or customs duties applicable to the countries of delivery.
Besides, because of their dimensions and according to the various distribution networks of the brands, certain articles are only proposed for a delivery in metropolitan France. Articles concerned by this limitation are recognizable in the basket. To validate your order, the Buyer will have to either remove these articles of his basket, or to inform a delivery address in metropolitan France.

6.Right of retraction and returns

The faculty of retraction cannot be applied if the delivered products manifestly made the object of sustainable usage (beyond some minutes) .The products must necessarily be returned correctly protected, in their original packing, in a state of resale (not damaged or made dirty by the customer) accompanied with the safety seal. Parcels for which no element allows to identify the sender (name, first name, address, order number) cannot be taken back.
To be able to benefit completely from conditions of the article 5 "Conformity" and those of the article 6 " right of Shrinkage ", the customer has to return the product to MOTELFRANCE:

    • At the following address: MOTELFRANCE returns departement, 208 street St Denis 75002 , Paris, FRANCE
    • Accompanied with the delivery slip so as to allow this last one to identify the customer (order number, product reference, name, first name, address).

If the above-mentioned conditions are filled, MOTELFRANCE will pay off the Buyer, within manufactured 72 hours maximum as from the date of reception by MOTELFRANCE of the parcel, the sums paid by the Buyer, in the exception however of return expenses of Articles which stay chargeable to the Buyer.
Expenses and the risks related to the forwarding are chargeable to the Buyer. Consequently, it is up to him/her to keep all the proofs of this return. MOTELFRANCE thus recommends to the Buyer to return articles sending them by recommended type carrier (Colissimo).
Or by other means allowing to bring a proof of the forwarding. These documentary evidences of shipping will have to contain the following information: address of the addressee, the dispatch date and the number of parcel.

Art. 7. Computing and Liberties

 

7.1. Name specific information

The information of the name, specific information collected within the framework of the remote sale is compulsory, this information being necessary for the recording, the treatment and the delivery of the orders as well as for the establishment of delivery slips. This information is strictly confidential. The defect of piece of information implies the automatic refusal of the command.
According to the law n°78-17 of January 6th, 1978 relative to the computing, to the files and to the liberties, the treatment of the name specific information collected on the Site was the object of a declaration with the National Commission of the Computing and of the Liberties (Declaration CNIL). The User has a right of access, modification, rectification and abolition of the data concerning him/her. To exercise this right, the User will have to send a post to the Customer service of MOTELFRANCE (address above mentioned). In any case, the User will watch to remind his/her name, first name, address and, if necessary, his buyer's number.
Finally, MOTELFRANCE can be brought to communicate name and specific information to its commercial partners. The User can so receive commercial offers resulting from third party. As such, it is specified that except express refusal of the User, his/her mail address and coordinates can be communicated to the commercial partners of MOTELFRANCE. However, as for his/her e-mail address, this one can be communicated in said partner only with the express agreement of the User. Naturally, the User preserves the possibility of refusing such a communication, either by not giving its consent during the registration andor validation of its order, or by showing a posteriori its refusal by postal mail, according to the paragraph above..

7.2. Web tag

Certain web pages of the Site can sometimes contain electronic images or " Web tag ", which allow to count the number of visitors of the page.These Web tag can be used with some of our partners, in particular to measure and improve the efficiency of certain advertisements.
In any case, the information obtained via these tags is strictly anonymous and allow simply to collect statistics on the attendance of certain pages of the Site, and it to serve better the Users of our Site.

Art. 8. Guarantees and responsibilities

 

8.1 Information about articles

For every article on sale on the Site, MOTELFRANCE makes a commitment to supply a descriptive index form to present the essential characteristics, within the limits of the information supplied by the suppliers. MOTELFRANCE makes every effort to get to the User a maximum of information allowing him/her to know articles before booking orders.
Nevertheless the care was brought to the editorial staff of these descriptions, an error could skip. If the User notices an incoherence, he can get in touch with the Customer Care service to inform it about it. MOTELFRANCE makes then a commitment to proceed as fast as possible to the correction of these errors.
Photos as well as descriptions of articles are not contractual and MOTELFRANCE can be on no account held responsible of the errors which could exist.
In particular, the images and the colors of articles posted(shown) on the site could not be exactly faithful to the real colors of articles under the influence of the Internet browser used as well as the resolution of the screen of the User.
MOTELFRANCE sells top-quality articles. However, certain sold articles contain "vintage" effects and contain deteriorations voluntary and wanted by the manufacturer (holes, discoloration, mustaches, permanent folds). These articles were treated with the aim of giving them a particular aspect. Details added to the fabric are often realized by hand. It is thus impossible to assure a homogeneity of articles. So, it is normal to notice differences between the photographed article and the delivered article.

8.2 Responsability

The responsibility of MOTELFRANCE is limited to the amount of the order of the Buyer.

Art. 9. Intellectual property

All the elements of the Site, visual or sound, including the underlying technology, are protected by the copyright, the marks or the patents.
They are the exclusive property of MOTELFRANCE. The user who has a web site in a private capacity and who wishes to place, for a personal usage, on its site a simple link sending back directly to the homepage of the Site, necessarily has to ask for the authorization MOTELFRANCE.
On the other hand, any hypertext link sending back to the Site and using the technique of the framing or of in line linking is formally forbidden.In every case, any link, even tacitly authorized, must be removed on simple request of MOTELFRANCE.
Hypertext links can send back towards other sites that the Site. MOTELFRANCE loosens any responsibility in case the contents of these sites would violate the current laws and regulations.

Art. 10. Partial incapacity

In the hypothesis where one of the clauses of the present contract would be invalid by a change of legislation, regulations or by a decision of justice, it would not affect the validity and the respect for the present general conditions of sale.

Art. 11. Completeness of the contract

The present general Terms and Condition and the summary of order sent to the Buyer form a contractual set and establish the completeness of the contractual relations intervened between the Parts.
In case of contradiction between these documents, the general conditions of sale will prevail.

Art. 12. Duration

The present conditions apply during all the period of on-line publishing of Articles offered by MOTELFRANCE.

Art. 13. Force majeure

MOTELFRANCE will not be responsible for the total or partial non-execution of its obligations in conformance with the present contract, if this non-execution is provoked by a constituent event of force majeure, in particular in case of disturbance or strike, in particular postal services and means of transportation andor communications, flood, fire.
The events filling the criteria fixed by the case law of the Court of Cassation will be considered as major cases of strength.In the presence of a constituent event of force majeure, MOTELFRANCE will inform the User / buyer about it in five working days following the emergence or the threat of this event.
The Parts suit that they will have to consult as soon as possible to determine together the modalities of execution of the order during the duration of the case of Force Majeur.
Beyond an extension of one month of interruption because of force majeure, MOTELFRANCE can not honor the order, and it will take the responsibility to pay off the Buyer if necessary.

Art. 14. Applicable right, jurisdiction

The General Terms and Conditions are governed by the French law.
Any dispute to which the General Terms and Conditions could give rise will be carried in front of the competent jurisdictions in application of the rules of common right.


NEWSLETTER SIGN UP For updates, special offers and promotions
Follow Us:
facebook
twitter
youtube