TERMS AND CONDITIONS MORS AND MORE
ARTICLE 1 – FIELDS OF APPLICATION
These "Terms and Conditions of Sale" apply between MORS AND MORE, With a share capital of 500€.
60 CHAUSSEE ALBERT EINSTEIN - 59 200 TOURCOING
Intracommunity VAT numberFR67804391498
RCS Lille Metropole N° B 804 391 498
Telephone 06 36 40 70 16
Hereafter " Mors and More ".
And any natural person who is acting for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity visiting or making a purchase via the website www.morsandmore.com
Hereinafter the "Customer".
The purpose of these GTC is to define the terms and conditions of distance selling between Mors and More and the Customer, from the order to payment and delivery. They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties.
By placing an order, the Customer acknowledges having read, understood and accepted the GTC. These GTC may be subject to change, the conditions applicable are those in force on www.morsandmore.com on the date the Customer places his order.
The Customer acknowledges that he/she is using the Mors and More website for personal use and is forbidden to resell all or part of the Products ordered for profit.
The Customer declares that he/she has the capacity to enter into this contract: that he/she has reached the age of majority and that he/she is not under guardianship or trusteeship.
ARTICLE 2 – PRODUCT
The products offered for sale by Mors and More are those listed on the website www.morsandmore.com, on the day the Customer consults the site.
The products offered for sale on the site www.morsandmore.com are announced within the limits of available stocks. As soon as a product is no longer available, the Customer is informed by the mention "unavailable" on the product sheet and the impossibility of adding it to the basket.
They are described and presented as accurately as possible. The information communicated on the product sheet mentions in particular the essential characteristics of the products such as their composition, dimensions, maintenance recommendations or their weight. An "expert's opinion" may also be given to facilitate the Customer's choice.
The Customer may also contact Mors and More via the contact form to obtain additional information.
ARTICLE 3 - ORDER
In order to place an order, the Customer must first identify him/herself or register on the website www.morsandmore.com by completing the form "I am creating a new account".
Any order confirmed by the Customer implies express acceptance of the prices displayed and the descriptions of the products available for sale. In addition, the Customer declares that he/she has read these GTC before placing his/her order. The validation of the order implies acceptance of these GTC.
At each stage of the order, the Customer may at any time check the content of his/her order and have access to all the information relating to the products selected, their price, the delivery conditions, the conditions and means of payment and the right offered to him/her to withdraw from the order
The validation of the order and its payment is considered as final confirmation of the order. Mors And More will confirm the order by sending an e-mail containing all the information already communicated, the General Terms and Conditions and the withdrawal form.
For reasons of availability of the Products ordered, an order may be delivered to the customer in several successive shipments.
In the event that the customer wishes to have the ordered Products delivered to two separate addresses, the customer must place two (2) separate orders.
Mors and More reserves the right to refuse or cancel any order, notably in the event of the client's insolvency or in the event of non-payment of the Sales Order in question.
The information provided by the client as part of the Sales Order process shall be considered binding. The client is exclusively responsible for any information that he or she provides when making the Sales Order. shall in no way be held responsible for any typing errors made by the client as concerns, notably, the recipients shipping address and/or the invoicing address etc., thereby causing delays or total hindrance to ship the Product(s) ordered.
ARTICLE 4 – SHIPPING COSTS, CONDITIONS AND DELIVERY TIMES
After confirmation of the Order and subject to full payment of the price of the products ordered, Mors and More undertakes to send the products ordered to the Customer at the delivery address within 24 to 48 hours.
Receipt of the delivery
Mors and More takes all precautions to ensure that the products arrive in perfect condition. The Customer is obliged to check the state of the packaging and the conformity of the delivered product, and to make any reservation on the delivery note of the carrier if necessary.
Delivery area and prices
Delivery will be made by Colissimo suivi, Mondial Relay or DHL. The associated rates are available by clicking on the delivery/delivery time tab on our site
Where applicable, the customer undertakes to pay upon receipt, all taxes, duties, levies and other present and future charges due in respect of the delivery of the said products; the joint and several liability of Mors and More may not at any time be incurred in this respect.
In the event of a delay in delivery exceeding seven (7) days, the Customer may, if he so wishes, and except in cases of force majeure, terminate the sales contract by registered letter with acknowledgement of receipt to the following address :
Mors and More
60 Chaussée Albert Einstein
However, this right must be exercised within sixty (60) working days of the delivery date initially provided for in the contract.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The Customer has a right of withdrawal within 14 days of receipt of his order without having to give reasons for his decision or to bear any costs other than those necessary to return his order.
To exercise this right, he/she simply needs to return to Mors and More the withdrawal form which is attached to the present General Terms and Conditions of Sale.
The Customer may also express his wish on plain paper, without ambiguity, by announcing that he is exercising his right of withdrawal.
Once completed or written, the withdrawal form must be included in the return package. It can also be sent to the following address firstname.lastname@example.org
The Customer undertakes to return the Products in new condition, undamaged, with all accessories, instructions for use and documentation, together with the withdrawal form, if applicable, to the following address :
Mors and More
60 CHAUSSEE ALBERT EINSTEIN
59 200 TOURCOING
Mors and More reserves the right to refuse to accept the return of a product if it is returned in poor condition or has been repeatedly tested so that it appears to be in "used condition" instead of the "new condition" required for withdrawal. Mors and More will then inform the customer of the refusal and may offer the customer a reduction in the price of the bit rental. Indeed, after 10 days following the order, the rights to benefit from the rental service are triggered and the customer can claim a partial refund.
(See article 10 below)
If the Customer makes use of his right of withdrawal, Mors and More undertakes to reimburse the sums paid by the Customer, free of charge, with the exception of the cost of return.
However, as soon as the withdrawal concerns the order of a bridle of a value higher than 250€, the return voucher is taken in charge by Mors and More. For this, the Customer is asked to send an e-mail to email@example.com or to call the customer service on 06.36.40.70.16
The refund will be made within a maximum of 14 days from the date on which Mors and More became aware of the Customer's wish to withdraw. However, Mors and More reserves the right to postpone the refund until receipt of the products concerned by the withdrawal.
ARTICLE 6 – PRICES
The price is expressed in Euro (€) for Europe, in Pound Sterling for England and in Dollars for the United States. The price displayed is inclusive of all taxes including VAT and excluding delivery costs which remain the responsibility of the Customer, unless otherwise stated. The prices indicated take into account the VAT applicable on the day of the order. If the VAT rate were to be modified, it would automatically be reflected in the price of the products.
Mors and More reserves the right to modify its prices at any time. The products will be invoiced on the basis of the rates in force at the time of the order.
ARTICLE 7 - PAYMENT
The price of the Products is payable in cash by one of the means of payment proposed on the site on the day of the effective order.
The payment is made :
- By credit card
- By Paypal
- By cheque
- By bank transfer
Online payment by credit card:
Accepted cards are Carte Bleue, Visa, Mastercard
The price invoiced to the client is the price indicated on the Sales Order confirmation sent by Mors and More.
The Order validated by the customer will only be considered effective when the secure bank payment centre has given its agreement on the transaction and, if applicable, after acceptance of the risk by the insurer.
The Mors and More site applies the policy of securing payments with the 3-D Secure device, which is a transaction security protocol.
The aim of this is to increase the security of transactions and to make card payments on the Mors and More website much easier through the analysis of a wide range of data, a biometric authentication process and an improved and uniform online experience.
Depending on the results of this analysis, a strong authentication may be requested from the customer (biometric type solution and/or connection to their online bank), exit the sending of a code by sms.
Online payment by Paypal:
In the case of a payment of the order by Paypal, the Customer having a PayPal account enters his e-mail address linked to his PayPal account and his PayPal password. PayPal encrypts all the information that the Customer has communicated to it when creating the account.
Thus, no information other than the Customer's e-mail address is communicated to Mors and More.
Financial and personal information is automatically encrypted when any sensitive information is sent to the PAYPAL servers. For more information on the security of transactions between PAYPAL and the Customer's bank, Mors and More invites the Customer to contact the PAYPAL company.
In the case of a return of an item, the refund will be made in the form of a credit to the Paypal account used for the payment of the original order.
Payment by cheque:
The Customer may pay by cheque. In this case, the products will only be shipped after receipt of the cheque.
Payment by bank transfer:
The bank details of Mors and More are communicated to the Customer after having chosen the transfer as a method of payment during the confirmation of his order.
The bank details of Mors and More are those specified below:
Bank account number (IBAN): FR76 3000 4005 0400 0102 0897 221
ARTICLE 8 - RESPONSIBILITY
Mors and More shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with case law.
Furthermore, Mors and More is not liable for any breach of its contractual obligations in the event of force majeure or an unforeseeable and insurmountable act of a third party to the contract, or in the event of a fault attributable to the Client that does not allow Mors and More to fulfil its obligations in the context of distance selling.
Finally, Mors and More cannot be held responsible for damages of any kind, whether material or immaterial or physical, which could result from a malfunction or misuse of the Products sold.
ARTICLE 9 - GUARANTEE
All products on sale on Mors and More benefit from the legal guarantee of conformity (articles L217-1 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-compliant products.
It is reminded that the Customer who decides to act in legal guarantee of conformity :
- Has a period of two years from the date of delivery of the goods to act;
- May choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L211-9 of the Consumer Code;
- Is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from 18 March 2016.
The consumer may decide to invoke the guarantee against hidden defects in the goods sold within the meaning of Article 1641 of the Civil Code. In this case, the consumer may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
In accordance with the law, Mors and More guarantees, in any case, the Customer against all consequences of defects or hidden faults of the thing sold.
Reminder of the provisions of the Consumer Code:
Article L217-4 of the Consumer Code: The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the French Consumer Code: To be in conformity with the contract, the goods must:
1.Be fit for the purpose usually expected of similar goods and, where applicable :
- Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- Have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2.Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-7 of the Consumer Code: Defects of conformity that appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity.
Article L217-8 of the Consumer Code: The buyer is entitled to demand that the goods conform to the contract. However, he may not contest the conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.
Article L217-9 of the Consumer Code: In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L217-10 of the Consumer Code: If repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is open to him:
1.If the solution requested, proposed or agreed upon in application of article L. 211-9 cannot be implemented within one month following the buyer's complaint
2.Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the goods and the use he is seeking. However, the sale may not be cancelled if the lack of conformity is minor.
Article L217-11 of the Consumer Code: The application of the provisions of articles L. 211-9 and L. 211-10 shall be without any cost for the buyer. These same provisions do not prevent the award of damages.
Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-13 of the French Consumer Code: The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as set out in Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature recognised by the law.
Reminder of the provisions of the civil code:
Article 1641: The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
Article 1644: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him, as it will be arbitrated by experts.
Article 1648: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
The customer may contact customer service by telephone on 06.36.40.70.16 or by e-mail at the following address: firstname.lastname@example.org.
ARTICLE 10 - BIT TESTING SERVICE
10.1 Sélection d’un mors
All new bits are available for trial / hire.
Mors and More informs the Customer that special price conditions apply for resin, leather, rubber and fibre bits.
10.2 Rental packages
Mors and More offers a rental service to its customers. After placing an order on the website www.morsandmore.con and after a period of 10 days, the sale of bits can be transformed into a rental service under the following conditions:
- The bit must be returned in its original packaging or, failing that, in protective packaging,
- The bit must be returned within 10 days of receipt (including weekends and public holidays),
- The bit must be in excellent condition or, failing that, in a correct state of wear
The parcel must be sent by colissimo or via Mondial Relay to the following relay point: Damo Destock Peinture n°07348 - 60 chaussée Albert Einstein in Tourcoing
The Customer is requested to keep the receipt of the shipment with the parcel number in case of loss or theft.
10.3 Rental rates
In compliance with the above-mentioned rules, Mors and more undertakes to reimburse the initial purchase of the bit by deducting the shipping costs (if they were offered at the time of the initial shipment) and the rental costs according to the following rates and only for metal bits (stainless steel, copper, sweet iron or titanium):
Value of the Metal Bit between
Rate applied for rental
0 and 50€ > 10€
51 and 100€ > 15€
101 and 150€ > 20€
More than 150€ > 25€
For bits made of leather, resin, fibre rubber, foam, carbon or wood, the rental fee is half the value of the bit when purchased.
Example: for a bit (excluding metal) worth 100€, the rental fee is 50€.
Mors and more reserves the right to change its prices at any time. However, any change in the rates applicable to the rental package chosen by the Customer will only be applied at the end of the current rental period, i.e. at the time of renewal if expressly authorised by Mors and more.
10.4 Return of the bit
The return of the bit is at the customer's expense.
The parcel must be sent via Colissimo with tracking to the following address
Mors and More
60 chaussée Albert Einstein
59 200 Tourcoing
Or via Mondial Relay at the following delivery point:
Damo Destock Peinture n°07348
60 chaussée Albert Einstein
59 200 Tourcoing
The Customer is requested to keep the receipt of the shipment with the parcel number in case of loss or theft.
The Customer undertakes to return the bit only in its original pre-stamped packaging. The Customer shall ensure the return of the parcel in conditions at least equivalent to those offered by Mors and More and shall keep the proof of deposit of the said parcel until the latter is received by Mors and More. Failing this, and in the event of loss of the parcel, the refund will not be due. Once the parcel has been received, Mors and More will inform the Customer of the amount to be refunded.
ARTICLE 11 – INTEGRALITY
In the event that one of the clauses of this contract should be invalidated by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with these general conditions of sale.
ARTICLE 12- TIME
These conditions apply for the entire duration of the products and services offered by Mors and More.
ARTICLES 13 - DATA PROCESSING AND LIBERTIES
The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and delivery of orders, the preparation of invoices and warranty contracts. Failure to provide this information will result in the Order not being validated.
In accordance with the French Data Protection Act (Loi Informatique et Libertés), the processing of personal data relating to the client has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL).
The client has the right to access, modify, rectify and delete any information concerning him/her (article 34 of the French law of 6 January 1978). Moreover, Mors and more shall refrain from releasing any information on its client to third parties, whether free of charge or in exchange of payment.
ARTICLE 14 – APPLICABLE LAW AND LITIGATION
The present general conditions of sale are subject to French law.
In the event of a dispute, only the French courts shall have jurisdiction.
In the event of a dispute arising from the present contractual relationship, the Customer and Mors and More undertake to seek an amicable solution before any legal action.
In accordance with Article 14 of Regulation (EU) No. 524/2013, any consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute with a professional. To do so, you can file a complaint online on the European Commission's website.
ANNEX - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.morsandmore.com
By post: For the attention of Mors and More
60 CHAUSSEE ALBERT EINSTEIN
By mail : email@example.com
I hereby give notice of my withdrawal from the contract for the purchase of the following product :
Order number :
Invoice number :
Date of invoice :
Date of receipt :
Customer's name :
Customer's address :
Customer's signature (only if sent on paper)