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Sarl ECM PECHE site Moucheshop General terms and conditions of sale for an E-Commerce website selling goods online

Preamble/ Identity of the seller/ Access to professional and commercial rules

The preamble recalls the purpose of the general conditions of sale. It also serves as a reminder, where applicable, that certain products for sale on the site are subject to special conditions of sale. The preamble also makes it possible to know the professional and commercial rules to which the seller intends to submit, if applicable. The present conditions indicate in particular the following information: The means of reproduction and archiving of these conditions The legal notices of the Moucheshop site The general conditions of use of the Moucheshop site The essential characteristics of the goods offered The different steps to follow for the conclusion of the online contract The technical means of identification and correction of errors made during data entry The languages offered The methods of archiving and accessing the contract The means of consulting the professional and commercial rules to which the seller intends to adhere the legal and contractual guarantees Delivery times, costs and methods the follow-up of the delivery and the costs of the remote communication techniques the price payment methods and means of security Details of how to exercise the right of withdrawal, The duration of the contract and the validity of the price. Last updated on 04 November 2021 To consult the previous versions, click here Moucheshop is a service of ECM PECHE sarl Head office : 19 route de la Pierre, 16440 Sireuil, France RCS :488 953 928 Tel: 05.45.38.97.70 Email: contact@moucheshop.com It is hereby specified that the present conditions govern exclusively the sales, by internet of the shop Moucheshop These conditions apply to all sales made from this site, to the exclusion of all other conditions, in particular those in force for sales in shops. The present conditions are intended for a consumer who has full legal capacity. These conditions apply to all orders you place on this site. We do our best to satisfy you. On this site, we present you with all the essential characteristics of the goods. We will be attentive to the remarks that you will transmit to us (click here to reach the heading ''contact us'') The characteristics presented (photos, descriptions, etc.) are based on information provided by the manufacturers. The present general conditions are presented in French. 1 The different steps to follow for the conclusion of the online contract 1.1 Ordering On the Internet: Moucheshop You make your selection by browsing the pages of our site. Your selections are added to your basket when you click on "add this product to the basket". At any time during your browsing on our site, you can validate your order by clicking on "validate my order". 1.2 Validation of the contract When you click on "validate my order", a confirmation message appears. It summarises all the products and options selected. You must check in this order form all the information transmitted, and in particular all the elements useful for the delivery (delivery address, digicode, telephones...) If you do not have to modify the form, you must then read the present conditions. If you accept them, you must tick the box "I have read the general terms and conditions of sale and I accept them without reservation". To continue with your order, you must click on "pay my order". After payment on our secure server (see "payment"), an acknowledgement of receipt is displayed. It confirms the registration of your order and informs you that a confirmation e-mail will be sent to you as soon as possible. The prior collection of the identification elements of the Internet user (first name, surname, e-mail address, bank details, etc.) facilitates the stages of conclusion of the contract. 1.3 Technical means of identification and correction of errors You have the right at any time to identify and correct any errors made when entering your data. If you become aware of an error after the conclusion of the contract, you must contact us (click here to access the "contact us" section) Moucheshop cannot be held responsible for any errors made by the customer resulting in delivery errors, the return costs will be charged to the customer.

 

2. Archiving and access to the contract We will archive contracts, order forms and invoices on a reliable and durable medium. You have the right to access these documents for orders of 120 € or more. 3. Legal and contractual guarantees 3.1 Legal guarantees In accordance with the legal provisions in force relating to the conformity of the goods to the contract, in matters of hidden defects (available in appendix 1 at the end of these general terms and conditions), we will reimburse you, repair or exchange any product which appears to be defective, damaged or does not correspond to your order. We will also reimburse you for the full cost of returning the product to us upon presentation of proof of purchase. Items sold on Moucheshop must not be used for professional purposes and the customer is required to check the apparent good condition of the items when receiving them. 3.2 Contractual guarantees Products purchased on Moucheshop may give the right to a contractual guarantee. Different contractual guarantees are offered on the product page. To subscribe to these guarantees, you must add them to your basket. In the event of a problem or breakdown, you can contact us to find out what steps to take (click here to access the "contact us" section) You must keep your purchase invoice in order to benefit from your contractual guarantee. The non-conforming use of the articles is not covered by the guarantee, professional use, intensive use, loan, rental and practices other than fly fishing. 3.3 Liability We do our best to satisfy you. We are responsible for the good execution of the present general conditions. Nevertheless, our responsibility cannot be engaged because of a fortuitous event, a case of force majeure, the unforeseeable and insurmountable fact of a third party to the contract or because of the non conformity of the product to a foreign legislation in case of delivery in a country other than France. 4. Delivery times, costs and methods 4.1 Delivery terms We will deliver the products to the address indicated in the order form. By the services of the Post Office 4.2 Delivery time We will deliver the products to you by the date indicated in the order confirmation message. The orders are prepared from Monday to Friday (except holidays and public holidays), their delivery to the post office allows a delivery within 1 to 3 days for metropolitan France. At the most your parcel will be delivered within 6 days following the conclusion of the sale. Subject to errors in the delivery service or force majeure. In the event of a delay in delivery, the customer must contact the postal services with the information provided, such as the parcel number, before contacting our services. In case of unavailability of the ordered product, we will inform you as soon as possible. We will, as far as possible, offer you a product of an equivalent quality or price. 4.3 Delivery costs The delivery costs appear before the payment of the customer who can take note of them, they appear on the invoice. 4.4 Delivery tracking Moucheshop will send you information by e-mail about the processing of your order, such as the day of shipment and the parcel number, which will allow you to track your order. You can contact us by phone if you have any questions about your delivery (click here to access the "contact us" section). 5. The price The prices of our products are indicated in euros including all taxes (French VAT and other applicable taxes). They include the cost of processing your order. If you request delivery outside of France, your order may be subject to possible taxes and customs duties when it reaches its destination. The payment of these duties and taxes is your responsibility and we invite you to check with the relevant authorities in your country. You must also check the possibilities of importing or using the products you order from us in the country of destination. 6. Payment methods and means of security We collect payment by credit card or cheque at the time of the conclusion of the sales contract. 6. Terms of payment and means of security We collect payment by credit card or cheque at the time of the conclusion of the sales contract. 6.1 Payment methods You have several means of payment to pay for your purchases on Moucheshop - Either by credit card Payment is made on the secure bank servers of our partners, the CIC bank. This implies that no banking information concerning you is transmitted via our site. Payment by credit card is perfectly secure; your order will be registered and validated as soon as the CIC bank accepts your payment. - By cheque before the dispatch of your order, the cheque must be in the name of the person ordering and issued by a French bank. We reserve the right to check or refuse payment by cheque if there is any doubt about its validity or identity. 6.2 Security Payments via our site are subject to a security system. We have adopted the SSL (Secure Soket Layer) protocol to encrypt credit card details. To protect you against possible intrusion, we do not store credit card numbers on our computer servers. Credit card numbers are processed by Monetico of the CIC bank, which returns an authorisation number to us. 7. Satisfied or reimbursed: methods of exercising the right of withdrawal In accordance with the legal provisions, within 14 days of receiving your product, you can exercise your right of withdrawal. You do not have to give any reason or pay any penalty. With the exception of the cost of returning the goods, which you must pay, we will refund the total amount paid within 30 days of your withdrawal. On our suggestion, you can also opt for another method of reimbursement. The items must be returned to us in new condition, without any traces of wear and tear and the packaging must be present and in new condition. In accordance with the legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the particular specifications of the consumer or for audio, video or computer software recordings unsealed by the customer. 8. The duration of the contract and the validity of the price. The prices include the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products on sale on Moucheshop. The products remain the entire property of Moucheshop until full payment has been received by ECM PECHE. Our price offers are only valid within the double limit of the validity period of the offer concerned and available stocks. Our offers of goods and prices are valid if they appear online on the site on the day of the order. 9. Applicable law/ Jurisdiction The present conditions are subject to French law. In the event of a dispute over the form or content, the French courts shall have sole jurisdiction. 10. Contacting us/ customer service If you wish to contact us, our customer service is at your disposal: For information on our offers or to place an order: By telephone on 05.45.38.97.70 from metropolitan France. From Monday to Friday, from 9am to 12pm and 2pm to 6pm. To follow the execution of an order, to exercise your right of withdrawal or to make use of the guarantee: we provide you with a telephone number indicated in your order confirmation e-mail. You can track your order online by logging into your customer account. 11. Intellectual Property See the "intellectual property" clause in our legal notice or your general conditions of use of the site. 12. Personal information We collect your personal information for the management of your orders and the follow-up of our commercial relations. It may be passed on to our partners exclusively for the execution of your orders, in accordance with these general conditions. In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, delete, rectify and oppose any personal data concerning you. All you have to do is write to us online at Customer Service or by post at contact@moucheshop.com, giving us your surname, first name, e-mail address, address and if possible your customer reference. You can consult our privacy policy. Annex 1: Provisions of the Consumer Code concerning the legal guarantee of conformity Article L211-4 The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of 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 L211-5 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 purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or on labelling; 2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article L211-6 The seller shall not be bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them. Article L211-7 Defects of conformity that appear within six months from the delivery of the goods shall be presumed to have existed 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 alleged lack of conformity. Article L211-8 The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest 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 L211-9 In case of lack of conformity, the buyer shall 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 option, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. Article L211-10 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 L211-11 The application of the provisions of articles L. 211-9 and L. 211-10 shall take place without any cost for the buyer. These same provisions do not prevent the award of damages. Article L211-12 Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods. Article L211-13 The provisions of this section shall not deprive the buyer of the right to bring an action resulting from redhibitory defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognised by law. Article L211-14 A recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code. Annex 2: Provisions of the Civil Code concerning the guarantee against hidden defects Article 1641 The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known of them. Article 1642 The seller shall not be liable for apparent defects of which the buyer has been able to convince himself. Article 1642-1 The salesman of a building to be built cannot be discharged, neither before the reception of work, nor before the expiry of a time of one month after the catch of possession by the purchaser, of the defects of construction or the defects of conformity then apparent. There shall be no need to rescind the contract or to reduce the price if the seller undertakes to repair the defect. Article 1643 The seller shall be liable for latent defects, even if he is not aware of them, unless, in that case, he has stipulated that he shall not be bound by any warranty. 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 determined by experts. Article 1645 If the seller knew of the defects of the thing, he shall be liable, in addition to the restitution of the price he received, for all damages to the buyer. Article 1646 If the seller was unaware of the defects of the thing, he shall be bound only to return the price, and to reimburse the buyer for the expenses incurred by the sale. Article 1646-1 The seller of a building to be constructed shall be bound, from the time of acceptance of the work, by the obligations of which the architects, contractors and other persons bound to the client by a contract for the hire of work are themselves bound pursuant to Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code. These guarantees benefit the successive owners of the building. There shall be no need to rescind the sale or reduce the price if the seller undertakes to repair the damage defined in Articles 1792, 1792-1 and 1792-2 of this Code and to assume the guarantee provided for in Article 1792-3. Article 1647 If the thing which had defects has perished as a result of its bad quality, the loss shall be for the seller, who shall be liable to the buyer for the restitution of the price and for the other damages explained in the two preceding articles. But the loss which has occurred as a result of a fortuitous event shall be for the account of the buyer. Article 1648 The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity. Article 1649 It shall not be brought in sales made by authority of law.

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