Terms and conditions of sale
ARTICLE 1 – SCOPE OF APPLICATION
Les présentes Conditions Générales de Vente (dites « CGV ») s’appliquent, sans restriction ni réserve à l’ensemble des ventes conclues par le Vendeur auprès d’acheteurs non professionnels (« Les Clients ou le Client»), désirant acquérir les produits proposés à la vente (« Les Produits ») par le Vendeur sur le site https://Mosaik-floor.fr. Les Produits proposés à la vente sur le site sont les suivants :
Floor tiles in PVC, recycled PVC, polypropylene, vinyl and EVA foam, edges and finishing angles as well as installation accessories for its products
Les caractéristiques principales des Produits et notamment les spécifications, illustrations et indications de dimensions ou de capacité des Produits, sont présentées sur le site https://Mosaik-floor.fr ce dont le client est tenu de prendre connaissance avant de commander.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
Ces CGV sont accessibles à tout moment sur le site https://Mosaik-floor.fr et prévaudront sur toute autre document.
Le Client déclare avoir pris connaissance des présentes CGV et les avoir acceptées en cochant la case prévue à cet effet avant la mise en œuvre de la procédure de commande en ligne du site https://Mosaik-floor.fr.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
MOSAIK CREATION SAS
SAS with share capital of 20,000 Euros
Registered with the RCS of BOURG-EN-BRESSE, under number 835 038 043
Address: 5 rue de Tronfou – 01700 Saint Maurice de Beynost
mail : contact@Mosaik-floor.fr
téléphone : +33 (0) 9 70 44 65 65
Intra-Community VAT number FR95835038043
Les Produits présentés sur le site https://Mosaik-floor.fr sont proposés à la vente pour les territoires suivants : France (Hors DOM-TOM), Belgique, Monaco, Suisse.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. These will be the sole responsibility of the Customer.
ARTICLE 2 – PRICE
Les Produits sont fournis aux tarifs en vigueur figurant sur le site https://Mosaik-floor.fr, lors de l’enregistrement de la commande par le Vendeur.
Prices are expressed in Euros, excluding and including VAT.
The prices take into account any reductions that may be granted by the Seller on the site https://mosaic-pvc.com.
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 charged in addition, under the conditions indicated on the site and calculated prior to placing the order.
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.
Some orders may be subject to a previously accepted quote. Quotes prepared by the Seller are valid for a period of 30 days after their preparation.
ARTICLE 3 – ORDERS
Il appartient au Client de sélectionner sur le site https://Mosaik-floor.fr les Produits qu’il désire commander, selon les modalités suivantes :
The Customer chooses a Product and its options (according to the characteristics offered) which he places in his basket, he chooses the desired quantity and can delete or modify before confirming his order and accepting these general conditions of sale. He will then enter his contact details or log in to his space and choose the delivery method according to the proposals available for his destination. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors.
Toute commande passée sur le site https://Mosaik-floor.fr constitue la formation d’un contrat conclu à distance entre le Client et le Vendeur.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
Any cancellation of the order by the Customer will only be possible before delivery of the Products (regardless of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 3 BIS – CUSTOMER AREA – ACCOUNT
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by completing the form which will be offered to him at the time of his order and undertakes to provide sincere and exact information concerning his civil status and his contact details, in particular his email 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.
Le Client pourra également solliciter sa désinscription en se rendant à la page dédiée sur son espace personnel ou envoyant un email à : contact@Mosaik-floor.fr. Celle-ci sera effective dans un délai raisonnable.
En cas de non respect des conditions générales de vente et/ou d’utilisation, le site https://Mosaik-floor.fr aura la possibilité de suspendre voire de fermer le compte d’un client après mise en demeure adressée par voie électronique et restée sans effet.
Any deletion of an account, whatever the reason, results in the pure and simple deletion of all the Client's personal information.
The Seller shall not be liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.
Creation of the account entails acceptance of these general conditions of sale.
ARTICLE 4 – PAYMENT CONDITIONS
The price is paid by secure payment, according to the following terms:
- payment by credit card via the secure PAYPAL solution
- or payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order)
- or payment by check payable to: Mosaik Création
The price is payable in cash by the Customer, in full on the day the order is placed.
Les données de paiement sont échangées en mode crypté grâce au protocole défini par le prestataire de paiement agréé intervenant pour les transactions bancaires réalisée sur le site https://Mosaik-floor.fr.
Payments made by the Customer will only be considered final after actual collection by the Seller of the amounts due.
The Seller shall not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 5 – DELIVERIES
The Products ordered by the Customer will be delivered to mainland France or to the following areas: mainland France, Belgium, Monaco, Switzerland.
Deliveries will take place within a maximum of 10 days, subject to stock availability at the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or in the unavailability of one or more Products, the Products ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for information purposes only.
If the ordered Products have not been delivered within 10 working days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are made by an independent carrier, to the address indicated by the Customer when ordering and which the carrier can easily access.
When the Customer has himself arranged for a carrier of his own choosing, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no right of recourse under warranty against the Seller in the event of failure to deliver the transported goods.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.
The customer must check the condition of the products delivered. He/she has 24 hours from the date of delivery to send a complaint by e-mail to contact@Mosaik-floor.fr, accompanied by all relevant supporting documents (notably 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.
The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.
The transfer of risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk unless the Customer has chosen the carrier himself. As such, the risks are transferred at the time the goods are handed over to the carrier.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
According to the terms of article L221-18 of the Consumer Code, “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following telephone or off-premises canvassing, without having to justify his decision or bear costs other than those provided for in articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° From the conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4; 2° From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period starts from the receipt of the last good or batch or the last part.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
The right of withdrawal may be exercised online, using the attached withdrawal form and also available on the site or any other unambiguous declaration expressing the desire to withdraw and in particular by post addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the T&Cs.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted. Return costs will be borne by the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 – SELLER’S LIABILITY – GUARANTEES
The Products supplied by the Seller benefit from:
of the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees Article L217-4 of the Consumer Code
"The seller is required to deliver goods that conform to the contract and is liable for any lack of 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 this has been his responsibility under the contract or has been carried out under his responsibility."
Article L217-5 of the 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 presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.” Article 1641 of the Civil Code.
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
Article 1648 paragraph 1 of the Civil Code
“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”
Article L217-16 of the Consumer Code.
"When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention."
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.
The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 45 days following the Seller's discovery of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.
The Seller shall not be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force
- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the
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.
Provisions relating to the contractual guarantee
ARTICLE 9 – DATA PROTECTION AND FREEDOM
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for processing his order and for establishing invoices, in particular.
This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.
Le traitement des informations communiquées par l’intermédiaire du site https://Mosaik-floor.fr a fait l’objet a fait l’objet d’une déclaration auprès de la CNIL, numéro 1234567.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.
Ce droit peut être exercé selon les modalités décrites à la rubrique « mentions légales » du site https://Mosaik-floor.fr.
ARTICLE 10 – INTELLECTUAL PROPERTY
Le contenu du site https://Mosaik-floor.fr est la propriété du Vendeur et de ses partenaires et est protégé par les lois françaises et internationales relatives à la propriété intellectuelle.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 – 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.
ARTICLE 11 – DISPUTES
For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these T&Cs.
The Client is informed that he may in any event resort to conventional mediation, through existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.