TERMS AND CONDITIONS

These General Conditions of Sale are accessible at any time on this website and will prevail, if necessary, over any other version or any other contradictory document.

ARTICLE 1

Scope of application

These Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Mama Found It (Mama Hangs), hereinafter the “Seller”, with consumers and non-professional buyers, “the Customer” or “Customers”, wishing to purchase the products offered for sale by the Seller (“the Products”) on its website: https://www.mama-hangs.com

In particular, they specify the terms and conditions of the order, payment, delivery and management of any returns of Products ordered by Customers.

These Terms and Conditions of Sale may be supplemented by special conditions, provided on the website, prior to any transaction with the Customer.

These Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These Terms and Conditions of Sale are accessible at any time on this website, https://www.mama-hangs.com, and will prevail, if necessary, over any other version or any other contradictory document.

Modifications of these Terms and Conditions of Sale are enforceable against users of the site from the moment they are put online and cannot apply to transactions completed previously.

In the absence of proof to the contrary, the data recorded by the Seller shall constitute proof of all transactions. Product offers are subject to stock availability. Indications on product availability are provided on the product sheet.

Validation of the order by the Customer is deemed as acceptance without reserve of these Terms and Conditions of Sale.

ARTICLE 2

Products offered for sale

The Products offered for sale are those appearing on the website https://www.mama-hangs.com, within the limit of available stocks.

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 website https://www.mama-hangs.com

The Customer is expected to read them before placing an order.

The choice and purchase of a Product are solely the responsibility of the Customer.

The photographs and graphics presented on the website https://www.mama-hangs.com are not contractual and do not engage the responsibility of the Seller. The Customer acknowledges that the photographs representing the Products appearing on the website are for information purposes only. Alterations can indeed appear due to the processing of the photos.

The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of goods, the minimum duration of the proposed contract.

Contractual information is presented in French and is subject to confirmation, at the latest, at the time of validation of the order by the Customer.

ARTICLE 3

Identification of the Seller

The Seller’s contact details are as follows:
Name: Mama Found It
Trade name: Mama Hangs
SIRET number: 843 243 585 00018
Headquarters:
26 Avenue de la Reine Victoria
64200 BIARRITZ
Email : heymama@mama-hangs.com

ARTICLE 4

Order placement

Orders may be placed by adults or minors with parental authorization.

It is up to the Customer to select the Products he wishes to order on the https://www.mama-hangs.com website, according to the following terms and conditions:

The Customer selects the products he wishes to order on the site. After choosing the product(s),
The Customer confirms the contents of his basket and proceeds to validation of his order,
The Customer must indicate the billing address which will be considered as the delivery address unless otherwise instructed by the Customer.
The Customer will then be able to validate his order via a secure payment by credit card or PayPal.

The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming acceptance. It is the customer’s responsibility to verify the accuracy of the order and to report or correct any errors immediately.

The registration of an order on the https://www.mama-hangs.com website is done when the Customer accepts these Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies acceptance of the entirety of these Terms and Conditions of Sale as well as the terms and conditions of use of the website https://www.mama-hangs.com

The sale is final only after the Customer receives confirmation of acceptance of the order by the Seller by e-mail, which is sent after the Seller has received the full price.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms and conditions described above, on the https://www.mama-hangs.com website constitutes the formation of a contract established remotely between the Customer and the Seller.

In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions done with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning payment for a previous order.

ARTICLE 5

Prices and conditions of validity

The prices are indicated in euros.

The prices appearing on the site https://www.mama-hangs.com are inclusive of all taxes in euros, taking into account possible reductions and the VAT applicable on the day of the order; any change in the rate may be passed on to the price of the products.

The prices indicated are guaranteed within the limit of available stocks.

The Seller reserves the right to modify its prices at any time, with the understanding, however, that the price appearing on the site on the day of the order will be the only one applicable to the customer, except for typographical errors or omissions.

The prices indicated do not take into account the delivery costs which will be billed in addition and will be specified to the Customer during the final validation of the order.

If the Customer requests a shipping method that is faster or more expensive than standard shipping, the additional shipping costs, as they appear at the time the Customer validates the order, shall be entirely at the Customer’s expense.

An invoice is issued by the Seller and is accessible by the Customer on his online customer account, only if the Customer created an account. Otherwise, it will be possible for the Customer to ask the Seller for a duplicate invoice by writing to: heymama@mama-hangs.com

However, any order, delivered outside the European Union, is delivered according to the CIP (Carriage and Insurance Paid To) incoterm and may be subject to customs fees and the VAT of the country of destination. Mama Found It cannot be held responsible for these additional costs incurred by the Customer.

ARTICLE 6

Terms of payment

The price is payable cash, in full on the day the order is placed by the Customer, by secure payment. The Seller shall not be obliged to deliver the products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.

Payments made by the Customer shall not be considered final until the Seller has actually collected the sums. Moreover, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress made by the Customer.

ARTICLE 7

Deliveries and shipments

The Products ordered by the Customer will be delivered in continental France and abroad within thirty (30) days following validation of the order to the address indicated by the Customer when ordering on the website https://www.mama-hangs.com

Delivery is the transfer of physical possession or control of the Product to the Customer.

Except in special cases or unavailability of one or more Products, the Products ordered will be delivered all at once.

The Seller agrees to make its best efforts to deliver the products ordered by the Customer within the time frames indicated specified when the order is placed. However, these time frames are given for information only. If the Products ordered have not been delivered within fourteen (14) days after the delivery date indicated when the order was placed, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

In the event of non-conformity of the delivered Product, the Seller – agrees to remedy it or to reimburse the Customer, as indicated in the article – “Seller’s Liability – Guarantee”.

The Seller shall bear the risks of transport and shall be obliged to reimburse the Customer for any damage caused during transport.

The Customer is required to check the general appearance of the packaging of the delivered Product; in the event of damage, he agrees to report it to the carrier and the Seller.

In the event of a special request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional special billing, based on an estimate accepted beforehand by the Customer.

ARTICLE 8

Right of withdrawal

The Customer has, in accordance with the provisions of Article L.121-20 of the Consumer Code, a retraction period of 14 working days following delivery of the products to return them to the Seller:

The exchange or refund can be made on condition that the products are returned in perfect condition within 14 days following delivery in their original packaging. Damaged, soiled, incomplete, washed, unlabelled and/or already worn items will not be taken back. The costs of return will be the exclusive responsibility of the Customer.

In the event that the product is intact and the Customer requests a refund, the refund will be made within fourteen (14) business days via the payment method used at the time of purchase (re-credited to the account attached to the payment card, or refunded by bank transfer, if applicable).

Prior to any return, the Customer must contact the Mama Hangs’ customer service department to inform them of his desire for an exchange or refund, at their option:

• By email to: heymama@mama-hangs.com
• By means of the contact form in the “Contact us” section of the mama-hangs.com website.
• By letter to: Mama Hangs, Returns Service, 26 avenue de la Reine Victoria, 64200 Biarritz, France.

The costs of return are the responsibility of the Customer.

ARTICLE 9

Responsibility of the seller
Guarantee

Products sold on the https://www.mama-hangs.com website comply with regulations in effect in France and have performances compatible with non-professional uses.

Products supplied by the Seller shall benefit, by right and without additional payment, independently of the right of retraction, from the following legal provisions,

– the legal guarantee of conformity, for Products that are apparently defective, ruined or damaged or that do not correspond to the order,

– the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,

Under the conditions and in accordance with the terms and conditions referred to in the box below and defined in Appendix I to these Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

It is reminded that within the framework of the legal guarantee of conformity, the Customer

– shall have a period of two years following delivery of the goods to take action against the Seller;

– may choose between repair or replacement of the Product ordered, subject to the cost conditions stipulated by Article L 217-9 of the French Consumer Code;

– shall be exempt from furnishing proof of the existence of the Product’s lack of conformity during the twenty-four months following delivery of the Product.

The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.

The Customer may decide to implement the guarantee against hidden defects Product in accordance with Article 1641 of the Civil Code; in this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products or of the discovery of hidden defects within the above-mentioned deadlines and return the defective Products in the state in which they were received with all the elements included (accessories, packaging, instructions, etc.).

The Seller will reimburse, replace or repair Products or parts under warranty that are found to be non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.

Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within thirty (30) days following the Seller’s discovery of the lack of conformity or hidden defect.

Reimbursement will be made by crediting the Customer’s bank account or by bank cheque sent to the Customer.

The liability of the Seller cannot be engaged in the following cases:

– non-compliance with the legislation of the country in which the products are delivered, for which verification is the responsibility of the Customer,

– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller’s guarantee is, in any event, limited to replacement or reimbursement of non-compliant or defective Products.

ARTICLE 10

Information systems and freedoms

Pursuant to Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, it is reminded that the personal data requested from the Customer is necessary for processing his order and for the preparation of invoices, in particular.

This data may be communicated to the Seller’s business partners in charge of execution, processing, management and payment of orders.

The processing of information communicated via the https://www.mama-hangs.com website meets legal requirements for the protection of personal data, with the information system used ensuring optimum protection of this data.

The Customer has, in accordance with national and European regulations in effect, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to the information concerning him.

This right may be exercised under the conditions and according to the terms and conditions defined on the website https://www.mama-hangs.com

ARTICLE 11

Intellectual property

The Seller is the sole owner of the data, products, logos, slogans, drawings and photos on this site. The trade name, models and designs are registered with the INPI and WIPO, to protect the Seller’s intellectual property rights.

Any total or partial reproduction is strictly prohibited, according to articles L 335-2 and L 335-3 of the French Intellectual Property Code, and represents an infringement and a crime.

ARTICLE 12

Applicable law – Language

These Terms and Conditions of Sale are governed by and subject to French law. In the event that they are translated into one or more languages, only the French version will be deemed as valid in the event of a conflit.

ARTICLE 13

Dispute

All disputes to which this contract may give rise, concerning both its validity, interpretation, performance, termination, consequences and consequences, shall be submitted to the competent courts under the conditions of ordinary law.

Any disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, consequences and aftermath, will be submitted to the competent courts under the conditions of ordinary law.

The Customer is informed that he may, in any event, resort to contractual mediation, notably with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sector-based mediation bodies, whose references are given in Appendix II, or to any alternative method of dispute resolution (e.g. mediation) in the event of a dispute.

ARTICLE 14

Acceptance by the Customer

Placement of an order by a natural person (or legal entity) on the Seller’s website implies full and complete adherence to and acceptance of these Terms and Conditions of Sale, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document that could be unenforceable against the seller.

APPENDIX I

Guarantee of conformity
legal guarantee for hidden defects

Article L217-4 of the French Consumer Code :
The Seller shall be required to deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been done under its responsibility.

Article L217-5 of the French Consumer Code :
In order to be in conformity with the contract, the property must:

• Be fit for the use ordinarily expected of a similar good and, where appropriate:
• correspond to the description given by the Seller and possess the qualities which the Seller has presented to the buyer in the form of a sample or model
• have the qualities that a buyer may legitimately expect in light of public statements made by the Seller, the producer or its representative, in particular in advertising or labelling
• 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 knowledge of the Seller and accepted by this latter party.

Article L217-12 of the French Consumer Code :
Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.

Article L217-16 of the French Consumer Code :
When the buyer asks the seller, during the effective period of the commercial guarantee granted to him when purchasing or repairing movable property, to perform a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining duration of the guarantee. This period shall run from the date of the buyer’s request for intervention or from the date the goods in question are made available for repair, if this availability is subsequent to the request for intervention.

Article 1641 of the French Civil Code :
The Seller shall be liable for hidden defects in the goods sold which render them unfit for their intended use, or which impair use of them to the extent that the buyer would not have acquired them, or would only have paid a lower price for them, if he had known about them.

Article 1648 alinéa 1er of the French Civil Code :
The action resulting from unacceptable defects must be brought by the buyer within two years following discovery of the defect.

APPENDIX II

Contact details of the consumer mediator

In accordance with Article L.612-1 of the French Consumer Code, we allow any consumer access to a consumer mediation system for the amicable resolution of any dispute. Our partner is :

BAYONNE MEDIATION

32 rue du Hameau

64200 BIARRITZ

www.bayonne-mediation.com

06 79 59 83 38