Terms of sale
General Terms and Conditions of Sale
Between the company, registered in the Trade and Companies Register under the SIRET number 97941802700020, located at 5 rue des nouettes, 10100 Romilly sur Seine, represented by Mrs. Flizot Ludivine, as manager, duly authorized for the present purpose.
Hereinafter referred to as the "Seller" or the "Company".
On the one hand,
And the individual or entity making a purchase of products or services from the company, hereinafter referred to as the "Buyer" or the "Customer", on the other hand.
The following has been stated and agreed upon:
Preamble
The Seller is a seller of clothing, exclusively for consumers, marketed through its websites www.modo-e.com. The list and description of the goods and services offered by the company can be viewed on the aforementioned websites.
Article 1: Object and General Provisions
These General Terms and Conditions of Sale (GTCS) define the rights and obligations of the parties in the context of online sales of products offered by the Seller.
These GTCS apply to all product sales 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 modify these GTCS at any time by publishing a new version on its website. The GTCS applicable are those in effect at the date of payment (or the first payment in the case of multiple payments) of the order. These GTCS are available on the Company’s website at the following address: https://modo-e.com/en/policies/terms-of-sale. The Company also ensures that their acceptance is clear and unreserved by implementing a checkbox and a validation click. The Customer declares that they have read these General Terms and Conditions of Sale, and if applicable, the Specific Terms and Conditions of Sale related to a product or service, and accepts them without restriction. The Customer acknowledges having received the necessary advice and information to ensure that the offer meets their needs. The Customer declares that they are legally capable of entering into a contract under French law or that they are validly representing the person or entity they are acting for. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Prices
The prices of products sold through the Company’s websites are indicated in Euros, including VAT, and are precisely determined on the product description pages. Customs duties or other local taxes or import duties may be applicable in certain cases. These duties and amounts are not the responsibility of the Seller. They will be borne by the Buyer, who is responsible for declarations and payments to the relevant authorities. The Seller advises the Buyer to inquire about these aspects with the local authorities. The telecommunication costs required to access the Company’s websites are at the Customer’s expense. Delivery fees may also apply.
Article 3: Conclusion of the Online Contract
The Customer must follow a series of steps specific to each Product offered by the Seller to complete their order. However, the following steps are always required:
➢ Information on the essential characteristics of the Product;
➢ Selection of the Product, if applicable, its options, and entering essential customer data (identification, address, etc.);
➢ Acceptance of these General Terms and Conditions of Sale;
➢ Verification of order details and, if applicable, correction of errors;
➢ Following the instructions for payment, and payment of products;
➢ Delivery of the products.
The Customer will then receive confirmation by email of the payment for the order, along with an acknowledgment of receipt confirming the order. They will receive a .pdf copy of these General Terms and Conditions of Sale. For delivered products, delivery will be made to the address provided by the Customer. To ensure the proper execution of the order and in accordance with Article 1316-1 of the Civil Code, the Customer agrees to provide truthful identification details. The Seller reserves the right to refuse the order, for example, in the case of abnormal requests, bad faith, or for any legitimate reason.
Article 4: Products and Services
The essential characteristics of goods, services, and their respective prices are made available to the buyer on the Company’s websites. The Customer acknowledges having received details of delivery costs, payment methods, and delivery and execution terms of the contract. The Seller agrees to honor the Customer’s order, within the limits of available stock. If not available, the Seller will inform the Customer. This contract information is provided in detail and in French. In accordance with French law, it is summarized and confirmed when the order is validated. The validity period of the product offers and their prices is specified on the Company’s websites, along with the minimum duration of contracts when they involve the continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted solely to the individual signatory of the order (or the holder of the email address provided). In accordance with legal provisions regarding conformity and hidden defects, the Seller will refund or exchange defective products or those not conforming to the order. Refund requests can be made as follows: Please contact us via the contact form in the contact section at the bottom of the page.
Article 5: Retention of Title Clause
The products remain the property of the Company until full payment of the price.
Article 6: Delivery Terms
The products are delivered to the delivery address provided during the order, and the indicated delivery time. This time does not include the order preparation time. In case of a delivery delay, the Customer may cancel the contract under the conditions defined in Article L 138-2 of the Consumer Code. The Seller will then refund the product and the “forward” delivery costs under the conditions of Article L 138-3 of the Consumer Code.
The Seller provides a contact form to ensure customer service follow-up. The Seller reminds that upon receipt of the products, the risks of loss or damage are transferred to the Customer. The Customer must notify the carrier of any reservations regarding the delivered product.
Article 6-2: Delivery Times
For clothing with pre-designed patterns,bags and bracelets:
Delivery time for France
Home delivery – Minimum 7 business days, up to 21 business days.
Delivery time for Europe and International
Home delivery – Minimum 7 business days, up to 21 business days.
For custom-designed clothing:
The design creation process takes 3 weeks, plus production and shipping time, for a total wait time of approximately 2 months.
Article 7: Availability and Presentation
Orders will be processed within the limits of available stock or subject to stock availability with suppliers. If an item is unavailable for more than 100 working days, the Customer will be immediately notified of the expected delivery time, and the order for this item can be canceled upon request. The Customer may then request a refund.
Article 8: Payment
Payment is due immediately upon order, including for pre-order products. The Customer can make the payment by credit card. Cards issued by banks located outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is processed by our payment provider. The information transmitted is encrypted according to industry standards and cannot be read during transmission over the network. Once the Customer initiates the payment, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay made by card is irrevocable. By providing their payment details during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the indicated price. The Customer confirms they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of an error or inability to debit the card, the sale is immediately rescinded and the order canceled.
Article 9: Right of Withdrawal
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to justify any reason or pay any penalties, except, where applicable, the return costs."
The right of withdrawal can be exercised by filling out the return form on our website directly.
When the right of withdrawal is exercised, we will refund the Buyer for the full amounts paid, including delivery costs. Product returns must be made in their original condition and complete (packaging, accessories, no odor...) so they can be resold as new.
Article 10: Warranties
In accordance with the law, the Seller provides two warranties: conformity and warranty against hidden defects. The Seller will refund or exchange products that are defective or do not match the order. The Buyer must first prove the nature of the defect for the refund request to be accepted. The refund request must be made by contacting contact@modo-e.com if the request is accepted.
In the event of a lack of conformity, the consumer can invoke the legal guarantee of conformity. The consumer has a period of two years from delivery to act. They can choose between repair or replacement of the item, subject to the cost conditions provided by Article L.217-8 of the Consumer Code. For new goods, the consumer is not required to prove the existence of the defect within two years from delivery. This legal warranty applies independently of any commercial warranty granted.
The consumer may choose to invoke the warranty against hidden defects under Article 1641 of the Civil Code and in this case, may choose between the resolution of the sale or a reduction in the sale price, in accordance with Article 1644 of the Civil Code.
Article 11: Complaints
If applicable, the Buyer may file any complaint by contacting the company using the following details: Please contact us via the contact form in the contact section at the bottom of the page.
Article 12: Intellectual Property Rights
The trademarks, domain names, products, software, images, videos, texts, or 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 GTCS. Any reproduction, modification, or use of these assets for any reason is strictly prohibited.
Article 13: Force Majeure
The Seller’s performance of its obligations is suspended in the event of a fortuitous event or force majeure that prevents execution. The Seller will notify the Customer as soon as possible of such an event.
Article 14: Invalidity and Modification of the Contract
If any of the provisions of this contract are annulled, such invalidity will not result in the invalidity of the other provisions, which will remain in effect between the parties. Any contractual modification is only valid after written agreement and signature from both parties.
Article 15: Protection of Personal Data
In accordance with the French Data Protection Law of January 6, 1978, you have the rights of inquiry, access, modification, opposition, and rectification concerning your personal data. By accepting these General Terms and Conditions of Sale, you consent to the collection and use of this data for the purpose of fulfilling this contract. By entering your email address on any of our network websites, you will receive emails containing information and promotional offers concerning products edited by the Company and its partners. You can unsubscribe at any time. Simply click on the link at the end of our emails or contact the data controller (the Company) by registered mail. We perform traffic analysis on all our websites using tools like Google Analytics and other statistical tools.
Article 16: Applicable Law
All clauses in these General Terms and Conditions of Sale, as well as all purchase and sale transactions mentioned therein, shall be subject to French law.
