INTRODUCTION

This online boutique is owned by Memento Mori, which is identified as follows:

Memento Mori
122, rue Esquermoise
59000 LILLE
France

Tel : 33 (0)3 20 55 38 38

N° SIRET : 528 144 371 000 10
Email
contact@mementomori-shop.com


General information on goods and services offered:

  • The prices of our goods include VAT (all taxes included).

  • Prices do not include shipping.

  • Good are sold under conditions of payment, handling and delivery.

  • Cooling-off periods apply.

  • Validity of the offer and the price is as expressed on the site.

  • All information contained in the site www.mementomori-shop.com (hereinafter referred to as the Site) is primarily in the French language.

The customer acknowledges having read all information and terms of sale prior to placing an order. The client also acknowledges that any product acquired from the Site is reserved for personal use only and not directly related to any professional activity. The customer's specific rights as a consumer will be challenged in the event that any product acquired from the Site was acquired in relation to any professional activity. The customer also declares to have the legal capacity to engage in these terms of sale.


1 PURPOSE 

These general conditions of sale are for the purpose of defining the rights and obligations of the parties involved in an online transaction of goods offered for sale on the Site.


2  AREA OF COVERAGE

The geographical zone covered in this agreement is as defined under 'Livraison' ('Delivery')


3 CONTRACTUAL DOCUMENTS

This present contract is formed, in descending order of legal value by, the following documents:

  • These Conditions of Sale

  • The Order.

The photographs of products on the Site are for illustration purposes only and are not included in these terms of contract. Memento Mori may not, under any circumstances, be held liable for any errors or omissions which may arise from the use of these photographs.


4 PLACING AN ORDER

All orders confirmed by a validation click by the client constitute an irrevocable commitment by the client which may not be challenged as part of the conditions outlined in this Agreement under "Right of Withdrawal" and "Execution of Order".


5 CONFIRMATION OF ORDER

The contract will only apply upon confirmation of the order by Memento Mori. The client will receive by fax, mail or email a receipt with an order confirmation, stating all the elements of the order (product(s) ordered, price, delivery, shipping, etc). Memento Mori reserves the right not to confirm an order for any reason whatsoever, in particular for reasons of unavailability of goods, or for any issues with the order received.


6 DURATION OF OFFER

The offer of items for sale on the Site are valid as long as the items being offered for sale remain available, while stocks last.


7 PRICE AND INVOICE

The currency for all prices expressed on the Site is the Euro (€).

Shipment rates listed on this Site are only applicable for deliveries to private addresses. Deliveries to business addresses will be charged at different rates based on the order. The guaranteed price is the one displayed on the Site at the time of order. The fixed price at the time of order is firm and final. It does not include the delivery fee, which will be indicated at the confirmation page of the order. An invoice will be issued by Memento Mori. The customer must specify the address to which the invoice will be sent.


8 PAYMENT

Payment in full is due upon ordering.

The customer agrees to pay the price for the goods as stated on the site (product price and delivery cost) and to pay any additional charges due to VAT, taxes or customs duties incurred by the import of the goods into the country of delivery.

The customer can pay for the order as follows:

  • By any valid credit card accepted by the Site. The customer warrants to Memento Mori that he has all neccesary authority to use this card for payment of the order. Any attempted fraudulent use of a credit card for payment will be subject to prosecution.

  • By PayPal.

  • By cheque. If the cheque is not received within 10 (ten) days of the confirmation of the order by the Site, Memento Mori reserves the right to cancel the order.

Memento Mori does not accept combined discounts, promotions and other special offers.


9 DEFAULT OF PAYMENT – RIGHTS OF OWNERSHIP

All goods remain the property of Memento Mori until full and final payment of the price under the terms of French Law No. 80335 of 12 May 1980. Memento Mori reserves the right to reclaim any goods delivered, in the event of any default of payment by the customer. In such an instance, the customer shall agree to return, at his own expense, any unused goods at the first request by Memento Mori.


10 TRANSFER OF RISKS

All associated risks are transferred to the customer as soon as Memento Mori delivers the order to the shipper. Goods are shipped at the customer's risk. The same applies in any case whether in delivery or return of goods carriage free.

During the cooling-off period referred to in Article 16 below, the customer is responsible for the safekeeping of the goods. In case of damage or destruction of the goods while in the care of the customer, the customer shall bear the full costs of such damage or destruction and shall agree to reimburse Memento Mori in full for such costs.


11 SHIPPING OF ORDER

The order will be shipped upon confirmation of the order by Memento Mori and within the time as specified on the Site, and in any event no later than 30 (thirty) days after the confirmation of the order, subject to availability of the goods ordered, unless otherwise agreed between the parties.

In case of shortage or unavailability of the goods ordered, Memento Mori shall inform the customer as soon as possible and indicate when the goods shall be available. In this instance, the customer can choose to wait for the arrival of new stock, or request a refund.


12 DELIVERY

The geographical area of delivery corresponds to the geographical area covered by the offer of sale.

Goods are delivered to the address specified by the customer on the order form. 'Delivery' is deemed as delivery of the goods to the carrier. The delivery receipt provided by the carrier, dated and signed by the customer upon delivery of the product shall constitute evidence for transport and delivery of the goods.

Upon delivery, the customer shall verify the content and condition of the goods. In case of any delay, damage (total or partial) or other loss, the customer shall take action against the transport company for any loss suffered. Memento Mori shall not be liable for any delays, damage or losses incurred by the transport company.

Therefore Memento Mori recommend that the customer inspects the goods to ensure that they have been delivered in good condition before signing any acknowledgment of receipt of the goods.

If there are any damage or other issues related to the delivery of the goods, the customer must refuse to receive delivery of such goods, and submit a handwritten complaint specifying the date and the reason(s) for non-acceptance of the goods. This complaint shall be sent by registered post to the transport company within three (3) business days of attempted delivery of the goods. A copy of this complaint shall be sent to Memento Mori.

Express deliveries are made Monday to Friday (no deliveries on Saturdays and Sundays).

Express orders placed from Monday to Thursday before noon will be delivered the following day. Orders received on Thursday afternoons and Friday will be delivered the following Monday.


13  FORCE MAJEURE

Force majeure covers all eventualities that are not covered by the jurisprudence of French courts and tribunals,

  • Partial or total strikes, whether internal or external to the company.

  • Transportation blockages or supplies for any reason whatsoever

  • Governmental or legal restrictions

  • Computer failures, including telecommunications and/or network blockages, especially the Internet.

In case of the occurrence of a force majeure the company reserves the right to immediately suspend the processing of any order.

If the force majeure continues longer than a period of three (3) months, the order shall automatically be cancelled, unless otherwise agreed by both parties.


14 RETURN OF PRODUCTS IN CASE OF NON-DELIVERY

If for any reason the goods are not able to be delivered in case of absence of the addressee, the shipper will leave a notice at the delivery address specified by the customer. Thereafter it is the customer's responsibility to arrange to collect the goods according to the normal practice of the shipper.

If the goods are not collected within the time limit specified by the shipper, the goods shall be returned to Memento Mori. Memento Mori reserves the right to reimburse the price of the goods. All shipping and handling charges shall be borne by the customer.


15 CLAIMS

Any claims for non-conformity of goods with the customer's order shall be made in writing directly to Memento Mori immediately upon receipt of the goods, to the following address: contact@mementomori-shop.com. The delivery slip and all packaging must be retained.

If the incorrect product is shipped, the customer shall return the product or products concerned within 15 days of receipt to Memento Mori, with the provision that the goods must be returned in original condition with original packaging intact, together with all accompanying documents. Upon receiving these in good order, Memento Mori shall, at its expense, re-send the goods originally ordered.


16 COOLING-OFF PERIOD

Memento Mori customers have the right to return, at their own expense, any goods purchased within fifteen (15) working days of delivery of the order, for exchange or refund. This is in accordance with Article L 121-16 of the Consumer Code (the legal limit is 7 days). If the deadline falls on a Saturday, Sunday or public holiday, it shall be extended to the next business day. The good returned must be in original condition and packaging and should not have been used or damaged, and be completely clean. This cooling off period shall apply without any penalties except the cost of shipping.

Within a maximum period of 30 days from receipt of the product in the required condition, the customer shall be refunded the amount paid. The customer shall furnish the banking information required for such reimbursements to be effected.


17 WARRANTY

To avoid any disputes, Memento Mori checks all goods before shipment. In any event, goods sold are covered by a legal guarantee against any undetected defects under Article 1641 of the Civil Code.

Some goods are also covered by an extended warranty. In such cases, the terms of the warranty and the warranty period are specified in the warranty card supplied with the goods. However, this does not cover damage, breakage or malfunction due to non-compliance with any precautions of use.

To invoke the guarantee, the customer shall return the goods to Memento Mori, at his own expense, enclosing the original invoice. The goods shall be exchanged for an identical replacement and shall be despatched to the customer at Memento Mori's expense, unless the goods are not in stock or no longer in production. In case of the latter, Memento Mori shall refund the purchase price to the customer.


18 PERSONAL INFORMATION

Any personal information requested from the customer is required for the processing and delivery of orders and the preparing of invoices and warranties. For these purposes, this information may be disclosed to Memento Mori's partners or associates. In accordance with the French 'Information and Freedoms' law of 6 January 1978, ("Informatique et libertés", loi du 6 janvier 1978), the customer may refuse such disclosure and he has the right to access, modify, rectify and/or delete such data by notifying Memento Mori, 122 rue Esquermoise, 59000 LILLE.


19 ELECTRONIC SIGNATURE

The "confirmation click" in an online transaction constitutes an electronic signature. This electronic signature between the parties has the same legal value as a handwritten signature.


20 PROOF

The records stored in Memento Mori's servers under reasonable security conditions are considered proof of communications, orders and payments between the parties. Purchase orders and invoices are archived under reliable and durable systems and can be used as evidence.

 

21 INTELLECTUAL PROPERTY

Memento Mori is the owner of the intellectual property rights on the Site and owns the rights to display the contents of its catalog in the online store, including photographs for which it has obtained the necessary authorizations from the parties concerned.

Consequently, the total or partial reproduction, on any media whatsoever, the components of the site and the catalog, their unauthorized use, as well as making them available to third parties is strictly prohibited.


22 ENTIRETY OF AGREEMENT

These conditions of sale constitute the entire obligations of the parties.

Any other general or special conditions communicated by the customer cannot be included in or derogate from these terms and conditions.

 

23 NO WAIVER

If Memento Mori does not exercise its right to claim any breach by the customer under these terms and conditions, it shall not be construed as any waiver of these terms and conditions, and cannot have any bearing on any later action taken.


24 NULLITY

If one or more provisions of these terms and conditions is held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, the other provisions shall remain in full force and scope.


25 DISPUTES

This contract is subject to French law, both substantive and for the rules of form.

IN THE EVENT OF A DISPUTE OR LACK OF MUTUAL AGREEMENT BETWEEN THE PARTIES, JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE TRIBUNALS AT THE LOCATION OF MEMENTO MORI HEADQUARTERS, NOTWITHSTANDING THE PARTIES OR MULTIPLE DEFENDANTS, EVEN FOR EMERGENCY OR PROTECTIVE PROCEEDINGS, INTERIM OR BY APPLICATION

 


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