Last update on February 23, 2021
- SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as " GTCS ") apply, without restriction or reservation, to all sales of products (hereinafter referred to as " the Products ") offered by MOSAIK CREATION (hereinafter referred to as " the Seller ") to professional buyers (hereinafter referred to as " Professional Customers ") and to non-professional and consumer buyers (hereinafter referred to as " Consumer Customers "), hereinafter referred to together as " the Customer(s) ", on the site https://Mosaik-floor.fr (hereinafter, the " Site ").
The Seller is MOSAIK CREATION, SASU with a capital of 20.000€, registered in the Bourg-en-Bresse Trade and Companies Register under number 835 038 043, headquartered at 5 rue du Tronfou, 01700 Saint Maurice de Beynost, France, VAT number FR95835038043 ; email contact@Mosaik-floor.fr and telephone number: +33 (0) 4 81 91 83 74.
Professional Customers are exclusively legal entities, acting on a professional basis as part of their commercial, industrial, craft or liberal activities. The act of placing an order for Products on the Site implies the full and unreserved acceptance of these General Terms and Conditions of Sale, which shall prevail over any other special conditions of the Customer, in particular over the Customer's general terms and conditions of purchase.
Consumer Customers may be legal entities or individuals, acting in their personal capacity as consumers, i.e., acting for purposes that do not fall within the scope of their commercial, industrial, artisanal or liberal activities. The act of placing an order for Products on the Site implies the full and unreserved acceptance of these General Terms and Conditions of Sale.
The Customer declares that he/she has read and accepted these GTS by ticking the appropriate box before proceeding with the online order procedure on the Site.
The Vendor reserves the right to adapt or modify these GTC at any time. In the event of modification, the GTC in force on the day the order is placed will be applied to each order.
- PRODUCTS
2.1 Product characteristics
The Products offered for sale on the site are as follows: PVC, recycled PVC, polypropylene, vinyl and EVA foam floor tiles, edgings and finishing angles, as well as installation accessories for these products. The Seller reserves the right to modify or withdraw the range of Products at any time.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site, which the Customer is required to read before ordering. The Vendor takes the utmost care in putting information on line concerning the essential characteristics of the Products, in particular by means of detailed descriptions and photographs illustrating the Products. However, the Vendor cannot be held responsible for any errors or omissions in this presentation. The photographs of the Products are not contractual.
The choice and purchase of a Product are the sole responsibility of the Customer.
2.2 Availability
Product offers are valid as long as they are visible on the Site, within the limits of available stocks, as specified when the order is placed. In the event of unavailability of the Product ordered, the Vendor will inform the Customer by any means as soon as possible, and a replacement solution will be proposed. The Customer will have the option of accepting the replacement solution or cancelling the order and, where applicable, being reimbursed in full for any sums already paid, without the Vendor being held liable.
2.3 Geographical delivery zones
The Products presented on the Site are offered for sale in the following territories: Metropolitan France only (excluding DOM-TOM and Corsica), and Belgium.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. The Customer shall be responsible for all formalities, customs duties, local taxes, import duties and state taxes which may be due, and which shall be at the Customer's expense and under the Customer's sole responsibility. The Customer must also make the necessary declarations to the competent authorities/organizations in the countries concerned.
- PRICE
Products are supplied at the prices in force on the Site when the order is placed. Prices are expressed in Euros, excluding VAT and including VAT on the Product sheet.
Prices take into account any discounts granted by the Seller on the Site.
Ordering Product samples is free of charge, with the exception of delivery costs, which are borne by the Customer. Delivery charges paid by the Customer will be refunded on the date of the next Product order.
These prices are firm and not subject to revision during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
Certain orders may be subject to a quotation previously accepted by the Customer. Quotations drawn up by the Vendor are valid for a period of 30 days after they are drawn up.
- ORDERING PROCESS
- Checking and validating the basket
It is the Customer's responsibility to select on the Site the Products he/she wishes to order, according to the following procedures.
The Customer chooses a Product and its options (according to the proposed characteristics) which he places in his basket, chooses the desired quantity and may delete or modify any element before validating his order. To avoid any errors, we recommend that Customers carefully check the details of their order (product, price, quantity) in the order summary on the Site, and modify or correct any errors before confirming the purchase.
Once the information has been checked and/or adjusted, the customer can proceed with the order by clicking on the "Buy now" or "Place order" box.
- Create a customer account
Customers then enter their full contact details. They can also create or log in to their customer account.
Customers are invited to create a customer account when placing their first order. To do so, he/she must register by filling in the form that will be proposed to him/her, or connect via the unique identification of Facebook, Google, Twitter, LinkedIn or Amazon. He/she undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address.
The Customer is responsible for updating the information provided. It is specified that they can modify it by logging into their account.
To access their personal space and order history, the Customer must log in using their username and password, which will be provided to them after registration and which are strictly personal. As such, the Customer is prohibited from disclosing them. Otherwise, they will remain solely responsible for their use.
- Order confirmation
The Customer then chooses the delivery method according to the proposals available.
It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately. The Customer may at any time check the delivery times and restrictions, as well as the payment methods accepted for the purchase of Products before confirming his/her order.
The customer then selects their payment method and is redirected to the secure payment platform to make their payment.
The order will not be definitively recorded until the final validation of the order payment screen, i.e. once the Customer has read and accepted the General Terms and Conditions of Sale and clicked on the "Buy" box.
The order becomes firm once payment and the General Terms and Conditions have been validated on the Site. The Customer will receive an e-mail confirming the Order. Once the sales contract has been concluded, the Customer may no longer modify or cancel the order, except in the case of the legal right of withdrawal or non-delivery for consumer Customers. The Vendor may suspend or cancel the order in the event of non-payment by the Customer, under the conditions defined in article 5.
- PAYMENT
- Terms of payment
The price is paid by secure payment, according to the following terms:
- payment by credit card. Payment data is exchanged in encrypted mode using the protocol defined by STRIPE, the approved payment service provider for banking transactions carried out on the Site.
- payment via secure solutions PAYPAL or BITPAY.
- payment by bank transfer to the Vendor's bank account (details of which are given to the Customer when the order is placed)
The price is payable in cash by the Customer, in full on the day the order is placed.
Payments made by the Customer will only be considered final after actual collection by the Seller of the amounts due.
The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
- Late payment
Any delay in payment attributable to the Customer will result in :
Cumulatively for business customers:
- The immediate and automatic payabilitý of all sums owed by the Customer, regardless of the planned method of payment,
- The application of late payment penalties corresponding to the interest rate equal to three times the legal interest rate increased by 10 (ten) points from the first working day of delay and increased by a fixed indemnitý of €40 (forty euros) for collection costs as well as any additional costs that would be necessary to collect the debt, and this, without prejudice to any indemnities that the Seller may claim.
In addition, the Vendor reserves the right to suspend or terminate all outstanding orders from the Professional Customer in the event of non-payment of an order.
For consumer Customers, the immediate and automatic payabilitý of all sums due by the Customer, regardless of the planned method of payment. In addition, the Vendor reserves the right to suspend or terminate all current orders of the Consumer Customer, after sending a formal notice which has remained unsuccessful for more than eight (8) days following its first presentation.
- DELIVERY
6.1 Deadlines
The customer can follow the progress of his order on the Site.
Delivery times run from the date of dispatch of the Order confirmation email and are indicative. They depend on the availability of Products and carriers, as well as on the address indicated by the Customer when ordering on the Site.
The Vendor undertakes to make every effort to deliver the products ordered by the Customer within 30 days. However, these delivery times are given as an indication only.
For consumer customers, if the 15-day period is exceeded, the Customer may instruct the Vendor by registered letter with acknowledgement of receipt (hereinafter referred to as a "registered letter") to deliver the Products within a reasonable additional period. Should the Vendor fail to deliver within this new reasonable period, and in any event upon expiry of the 30-day period, the Customer may cancel the Order by registered letter addressed to the Vendor, unless the Vendor has delivered in the meantime. The Vendor will refund the Order no later than 14 days after the Order has been cancelled.
For business customers, a delay in delivery does not justify cancellation of the order or a claim for damages.
Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.
6.2 Receipt of Products - Complaints
Deliveries are made by an independent carrier, to the address indicated by the Customer when ordering and which the carrier can easily access.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.
The customer must check the condition of the products delivered.
- The Customer is invited to contact MOSAIK CREATION's customer service for any complaint regarding the Products: MOSAIK CREATION, 5 rue du Tronfou, 01700 Saint Maurice de Beynost, France; email contact@mosaik-floor.fr and telephone number: +33 (0) 4 81 91 83 74. The Vendor will reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Consumer Customer, in accordance with the conditions set out in article 10 of these GCS.
- The professional customer has a period of 24 hours from delivery to make complaints by email to contact@mosaik-floor.fraccompanied by all relevant supporting documents (including photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor. No Product may be returned without the prior formal agreement of MOSAIK CREATION. The costs and risks of returning Products shall be borne by the Professional Customer.
- TRANSFER OF RISK
The transfer of the risks of loss and deterioration of the Products will only take place when the Customer takes physical possession of the Products, after unloading by the carrier at the delivery address. The Products therefore travel at the Seller's risk.
- RETENTION OF TITLE
The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter in the case of deferred payment, regardless of the delivery date of said Products.
The Customer shall refrain from pledging or assigning or otherwise transferring by way of security ownershiṕ of the Products or granting any right whatsoever over Products not paid for in full. In the event of legal action by the Customer's personal creditors, as in the event of receivership or liquidation of the professional Customer's assets, the Products not paid for by the Customer may not be seized and shall under no circumstances become the pledge of the Customer's general body of creditors.
- CONSUMER'S RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Consumer Customer has a period of fourteen days from receipt of the Products to exercise his/her right of withdrawal from MOSAIK. CREATION, without having to justify its decision or pay penalties, for the purpose of reimbursement.
In the case of an order for several Products delivered separately, or in the case of an order for a Product made up of multiple batches or parts whose delivery is staggered over a defined period, the lead time runs from receipt of the last Product, batch or part.
The consumer customer shall inform MOSAIK CREATION of his decision to withdraw by any written means (postal mail, email) of his unambiguous wish to withdraw, imperatively mentioning the order number. The Customer may also send the standard retraction form shown in the Appendix to these GTS.
MOSAIK CREATION, 5 rue du Tronfou, 01700 Saint Maurice de Beynost, France
Email : contact@mosaik-floor.fr
MOSAIK CREATION will send an acknowledgement of receipt (by e-mail) to the Customer upon receipt of the request for withdrawal or the unambiguous statement expressing the Customer's wish to withdraw.
The Customer undertakes to return the Product within fourteen days of communicating his/her decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice. Return shipping costs are at the customer's expense.
It is understood that this right of withdrawal can only be exercised on Products that have not yet been used or altered in any way by the Consumer Customer. Damaged, soiled or incomplete Products cannot be returned.
The exchange (subject to availability) or refund will be made within fourteen days from the date on which MOSAIK CREATION has been informed of the Consumer Customer's decision to withdraw. This commitment is subject to receipt by MOSAIK CREATION of the Products or, at a minimum, a proof of shipment that the Customer will send to MOSAIK CREATION.
In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. In the case of products that have been personalized by the Vendor, returns are not accepted.
- LEGAL GUARANTEES FOR CONSUMER CUSTOMERS
For consumer customers, the Products supplied by the Vendor benefit from :
- of the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,
Provisions relating to the legal warranty of conformity
Under article L217-4 of the French Consumer Code: "The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Pursuant to Article L217-5 of the French Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect in view of the public statements made by
- the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the Parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter."
In the event of non-conformity of the Product, the Customer has a period of 2 years to take action from delivery of the Product. After this period, he/she will no longer be able to benefit from the warranty remedies defined below.
In order to assert his rights, the Customer shall inform MOSAIK CREATION in writing of the non-conformity of the Products within the time limit specified from the date of delivery of the Products, to the following address MOSAIK CREATION, 5 rue du Tronfou, 01700 Saint Maurice de Beynost, France
Email : contact@mosaik-floor.fr
The Customer must include the following information in his letter:
- order number, first name, last name and address,
- reference or Products that the Customer must return,
- reason for returning the non-conforming product ,
- choice of repair, replacement or refund of the Product .
Products must be returned in their original packaging and condition. Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
The Customer chooses between repair or replacement of the Product. If repair and replacement of the Product are impossible, if they cannot be implemented within one month of the Customer's complaint, or if reimbursement creates a major inconvenience for the Customer in view of the Product or the Customer's intended use, the Customer may i) return the Product and have the price refunded or ii) keep the Product and have part of the price refunded.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 45 (forty-five) days following the Vendor's finding of the non-conformity or hidden defect. This reimbursement may be made by bank transfer or cheque.
Provisions relating to the warranty against hidden defects
Within 2 years of the discovery of the defect, the Customer may request a full or partial refund for the Product found to be unfit for use, in accordance with articles 1641 to 1648 of the French Civil Code, and under the same terms as those set out in the "Conformity warranties" article.
- WARRANTIES - SELLER'S LIABILITY TO PROFESSIONAL CUSTOMERS
Each Party assumes responsibility for the consequences resulting from its faults, errors, omissions or contractual non-performance, and more generally for damage caused to the other Party and proven by it, in the course of providing the services.
The Vendor may not be held liable to the Professional Customer for any indirect damage, such as, in particular and without limitation, loss of opportunity, loss of sales, commercial prejudice, moral prejudice, loss of image, etc. The Vendor's liability for any immediate and direct damage suffered by the Professional Customer as a result of the obligations set out in the GTCS is limited to the amount of orders placed over the last 12 (twelve) months on the Site. The Vendor's liability for any immediate and direct damage suffered by the Professional Customer as a result of the obligations set out in the GCS is limited to the amount of orders placed on the Site over the last 12 (twelve) months.
Furthermore, the Vendor cannot be held liable in the following cases:
- Non-compliance with the legislation of the country to which the Products are delivered, which it is the Customer's responsibility to check,
- In the event of misuse, negligence or lack of maintenance of the Products by the professional Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
- PROTECTION OF PERSONAL DATA
MOSAIK CREATION is responsible for processing the data collected.
The information collected is subject to computer processing intended to enable MOSAIK CREATION to process the Customer's requests and orders, and to offer and inform the Customer about the Products. They are also used for customer loyalty, management and statistical analysis purposes.
The Customer's personal data is kept for the time strictly necessary to achieve the purposes for each of the processes envisaged by MOSAIK. CREATION.
In accordance with the provisions of the French Data Protection Act of January 6, 1978, and the EU General Data Protection Regulation no. 2016-679 of April 27, 2016, the Customer has the right to access, modify and delete any information concerning him or her that he or she has submitted to the Site. The Customer may exercise this right at any time by contacting Customer Services by filling in the form on the Site, or by writing an email to the address contact@mosaik-floor.fr.
In particular, the customer may request to unsubscribe from his customer area by going to the dedicated page in his personal area or by sending an email to: contact@Mosaik-floor.fr.
The Customer is invited to consult the MOSAIK CREATION Privacy Policy https://www.mosaik-floor.fr/pages/politique-de-confidentialite
- APPLICABLE LAW - LANGUAGE
These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.
- DISPUTES - MEDIATION
14.1 Provisions applicable to consumer customers
Consumer customers are hereby informed that they may have recourse, free of charge, to conventional mediation (excluding any legal or expert fees), with existing sector-specific mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The Customer may contact the FEVAD e-commerce ombudsman service at the following address: http://www.mediateurfevad.fr/
Consumer customers are also informed that they may also use the Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
ALL DISPUTES BETWEEN A CONSUMER CUSTOMER AND THE SELLER ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE AND SALE TRANSACTIONS ENTERED INTO PURSUANT TO THESE CGV, WHICH HAVE NOT BEEN SETTLED AMICABLY, SHALL BE SUBMITTED TO THE COMPETENT COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF LYON.
14.2 Provisions applicable to professional customers
IN THE ABSENCE OF CONCILIATION, ANY DISPUTE BETWEEN THE PARTIES ARISING FROM THE FORMATION, INTERPRETATION, EXECUTION, CESSATION OR TERMINATION OF THE CGVS SHALL BE BROUGHT EXCLUSIVELY BEFORE THE COMMERCIAL COURT OF BOURG EN BRESSE, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS.
- INFORMATION - CONTACTS
For any complaint, please contact customer service at the following address: MOSAIK CREATION, 5 rue du Tronfou, 01700 Saint Maurice de Beynost, France, email contact@mosaik-floor.fr and telephone number: +33 (0) 4 81 91 83 74.
APPENDIX - STANDARD WITHDRAWAL FORM FOR CONSUMER CUSTOMERS
(Please complete and return this form only if you wish to withdraw from the contract and you are a Consumer Customer).
To the attention of :
MOSAIK CREATION
After-sales service: 5 rue du Tronfou, 01700 Saint Maurice de Beynost, France
Telephone number: +33 (0) 4 81 91 83 74
E-mail address: contact@mosaik-floor.fr
I hereby notify you of my withdrawal from the contract for the sale of the Product below:
Ordered on :
Name of consumer(s) :
Address of consumer(s)
Signature of consumer(s)(only in the case of notification of this form on paper) :
Date: