General Conditions of Sale e-commerce Kiddyboost
These terms and conditions of sale are concluded on the one hand by the company MOBINOV, EURL with a share capital of 1000 euros whose headquarters is located at 48 allée des Sablons 78170 La Celle-Saint-Cloud in France registered in the Versailles Trade and Companies Register under number 82063101800026 hereinafter referred to as “MOBINOV” and managing the website www.kiddyboost.com and, on the other hand, by any person or entity wishing to make a purchase via the website www.kiddyboost.com hereinafter referred to as “the buyer”.
Article 1. Object
The present conditions of sale aim to define the contractual relations between MOBINOV and the buyer, and the conditions applicable to any purchase made through the website www.kiddyboost.com. The acquisition of a product through this site implies an acceptance without reserve by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order.. Before any transaction, the buyer declares to have the full legal capacity, allowing him to commit himself under these general conditions of sale.
The present conditions only concern purchases made by buyers located in the following European markets: France (metropolitan territory), Germany, Belgium, Luxembourg, The Netherlands, Austria, United Kingdom, Ireland, Italy, Spain, Portugal, Switzerland, Liechtenstein, Denmark, Hungary, Czech Republic, Slovakia, Sweden, Finland and Norway. For any delivery outside of these markets, it is advisable to send a message through the site to make the request and obtain a specific estimate.
The company MOBINOV retains the possibility of modifying these conditions of sale at any time, in order to respect any new regulation or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.
Article 2. Products
The products offered are those shown on the www.kiddyboost.com website of the MOBINOV company, within the limits of available stocks.
The company MOBINOV reserves the right to modify the range of products at any time. The company MOBINOV reserves the right to modify the range of products at any time. The photographs are as accurate as possible but do not commit the Seller. The sale of the products presented on the website www.kiddyboost.com is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
Article 3. Prices
The prices appearing on the product sheets of the internet catalog are prices in Euros (€) including all taxes (with VAT) taking into account the VAT applicable on the day of the order in France, except for United Kingdom, Switzerland, Liechtenstein and Norway (without taxe and VAT for all or part of the products). Any change in the VAT rate may be reflected in the price of the products. The company MOBINOV reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the website on the day of the order will be the only one applicable to the buyer. If an offer or a price has a validity limit or if it is an offer subject to conditions, these will be explicitly indicated on the page relating to the offer.
The prices indicated do not include delivery costs (and custom clearance cost for countries outside EU), which are charged in addition to the price of the products purchased, except for certain specific offers where this is clearly indicated.
If, at the request of the buyer, changes are made to the delivery time and/or the place of delivery and/or the circumstances of delivery, or if the buyer has given incorrect information, the seller is entitled to charge additional costs.
Article 4. Order and payment terms
Before any order, the buyer is invited to create an account on the site www.kiddyboost.com. The account creation section is accessible directly from the menu bar located at the top of each page of the site. Each time the buyer visits the site, if he/she wishes to order or consult his/her account (order status, profile, etc.), he/she must identify him/herself using this information. Mobinov offers the buyer the opportunity to order and pay for products in several steps. The buyer selects the products he/she wishes to order in the “basket”, modifies them if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer.
Once the basket is validated, the next step proposes to him to validate the order by informing and checking all the necessary information, to choose the secure payment by bank card in one time, or divided in two or three times, to take knowledge and to accept the present general conditions of sale by notching the corresponding box, then invites him to regulate his order by clicking on the button ” payment with MERCANET “. Finally, the buyer is redirected to the secure interface of BNP Paribas, which will indicate the total amount to be paid and, if applicable, the payment deadlines for split payments. He will then be invited to enter his personal credit card details in complete security. If the payment is accepted, the order is recorded and the contract is definitively formed. In accordance with article L. 132-2 of the monetary and financial code, payment by bank card is irrevocable. In case of fraudulent use of the card, the buyer can demand the cancellation of the payment by card, the sums paid will then be credited back or refunded. The responsibility of the holder of a bank card is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his bank.
Confirmation of an order implies acceptance of these terms and conditions of sale, recognition of having full knowledge of them and waiver of its own conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an e-mail address and if he/she has provided it on his/her order form, the MOBINOV company shall send him/her an e-mail confirming the registration of his/her order.
If the purchaser wishes to contact the company MOBINOV, he/she may do so either by mail at the following address MOBINOV – 48 allée des Sablons – 78170 La-Celle-Saint-Cloud – France; or by email at the following address: email@example.com, or by telephone at + 33 6 60 59 39 06.
Specific case of the reservation deposit: when an article is not available and is proposed for reservation or pre-order, a deposit not exceeding 30% may be requested. The payment of this deposit engages the customer as a normal order, but it has however a 14 days deadline after having made the payment of its reservation to change opinion, to cancel it and to recover its deposit on request to firstname.lastname@example.org. Once the reserved product is manufactured and available in stock, the customer will have to proceed to the payment of the balance on invitation of the salesman by email or SMS to proceed to the delivery. If despite the repeated requests of the seller the buyer has not proceeded to the payment of the balance within 30 days following the availability for shipment of the pre-ordered product, his pre-order/reservation will be cancelled and the deposit lost.
Article 5. Reservation of ownership
The company MOBINOV retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.
Article 6. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return costs. Before any return, the buyer must first contact the seller through the following email address: email@example.com. Any claim made to the seller outside of the 14 day period will not be accepted. The product must not have been used and must be returned intact in its original packaging (no damage, scratches, original labels, instructions for use, packaging, accessories, etc.). If the customer fails to respect these obligations, he will bear, without recourse against the seller and/or his insurer, any prejudice linked to the anomalies and/or damage noted on the delivery and will not be able to call into question the sale and the payment of the price.
In the case of a reservation deposit (see article 6) and in case of change of mind within 14 days after having made the payment of his reservation, the customer can cancel it and get back his deposit on request at firstname.lastname@example.org.
The professional customers can benefit from the right to retract if the service or the good does not enter the field of their activity and if their company counts less than 6 employees.
Article 7. Delivery
We propose a delivery service with the times indicated for each Product proposed on our site. We draw your attention to the fact that the delivery times indicated are estimated times. If the delivery time is exceeded, the customer will not be entitled to compensation. If the product is not made available to the customer within the time indicated and this delay is not due to the customer, the customer may cancel the contract by registered letter to the following address Mobinov, 48 allée des Sablons 78170 La Celle-Saint-Cloud or by sending an email to email@example.com. The refund will be executed within 14 days following the cancellation of the contract (article L. 138- 3 of the French Consumer Code). Deliveries are made to the address indicated on the order form which can only be in the agreed area. According to countries and products, they can be made through the intermediary of different delivery companies, delivery service with tracking, delivery with signature. The delivery times are given only as an indication; if there is no time indicated and that the delivery intervenes beyond thirty days as from the order and the integral payment of the product, the sale contract could be cancelled and the purchaser refunded. The buyer is delivered to his home by different express delivery company according to the country of delivery. In case of absence of the buyer, he receives a notification which allows him to withdraw the ordered products to the nearest pick-up delivery office, during a time indicated by the delivery company. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of the company MOBINOV or its providers. The buyer is required to verify in the presence of the deliveryman, the condition of the packaging of the goods and its contents during the delivery. In case of damage during transport, any protest must be made to the carrier. The purchaser must make any claim of delivery error and/or non-conformity of the products in kind or in quality compared to the indications on the order form to the seller on the day of delivery or at the latest on the first working day following the delivery. Any claim made after this deadline will be rejected. The claim can be made by email: firstname.lastname@example.org. Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser. In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, to the following address MOBINOV at ESAT La Cardon, Service Après-Vente, 70-72 rue Gutenberg 91600 Palaiseau, France. The return costs are at the expense of the seller. Before any return, the buyer must first contact the seller via the following email address: email@example.com.
No return will be accepted without validation of return by the seller.
Article 8. Warranty
All products supplied by the company MOBINOV benefit from the legal guarantee provided for in Articles L. 211-4 and following of the Consumer Code or the guarantee of defects in the thing sold (guarantee of hidden defects) within the meaning of Articles 1641 and following of the Civil Code.
– Legal guarantee of conformity
The legal guarantee comes into effect in all components with manufacturing defects. Manufacturing defects are those defects that affect the safety and proper functioning of the item. When he acts in legal guarantee of conformity, the consumer :
– has a period of two years from the delivery of the goods to act;
– may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
– is exempted from proving the existence of the lack of conformity of the goods during 24 months following the delivery of the goods.
– Guarantee of the defects of the sold thing (guarantee of the hidden defects)
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. He can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
In addition to the legal guarantees, some products sold are also covered by a commercial guarantee that varies from one product to another and aims to guarantee their conformity and ensure the reimbursement of the purchase price, replacement or repair of the goods. The period of time is indicated on the article sheet of the products presented on the site, period which starts from the reception of the product.
The guarantee does not apply in the following cases:
- For consumables and wearing parts: electrical connectors, tire tread, etc… except battery (one year warranty)
- In case of non respect of the instructions of use and precautions of use, such as described in the user’s manual (electric overheating and motor overload, non respect of the maximum load, load currents, immersion in water, fire, climbing on the module, etc…)
- For damage caused by pulling, crushing or cutting of wires, cables or electrical connectors
- For those caused by a shock or a fall
- For defects and their consequences related to the use not in accordance with the use for which the product is intended (for example intensive use, renting of the material, not respecting the instructions of assembly, the criteria of compatibility stroller not respected, etc…)
- For abnormal storage conditions or conservation after delivery (storage outside or failure to comply with the instructions on the storage of batteries).
- Modification of electrical components, connectors and plugs
- In case of intervention on the product by a repairer not approved by MOBINOV.
- For defects and their consequences linked to any external cause
- For products purchased second-hand
In case of non-conformity of a product sold, it may be returned to the MOBINOV company which will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by communicating all details of the problems encountered (photos, videos, precise descriptions, etc.) along with the invoice by sending an email to firstname.lastname@example.org, or by post with acknowledgement of receipt to the following address MOBINOV – 48 allée des Sablons – 78170 La Celle-Saint-Cloud – France, within thirty days after delivery. However, the return costs remain the responsibility of the buyer with insurance. Mobinov is not responsible for any damage caused during transport. Products that are returned damaged will not be reimbursed.
The guarantee is a nominative and non-transferable contract.
Article 9. Responsibility
The company MOBINOV, in the process of distance selling, is bound only by an obligation of means.. Its responsibility cannot be engaged for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or other involuntary problems.
Article 10. Intellectual property
All elements of the site www.kiddyboost.com are and remain the exclusive intellectual property of the company MOBINOV. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11. Personal data
The company MOBINOV undertakes to preserve the confidentiality of information provided by the buyer, which he would be required to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of Law No.78-17 of 6 January 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make the request at any time by :
- Postal mail to the following address: MOBINOV – 48 allée des Sablons – 78170 La Celle-Saint-Cloud – France.
- By e-mail to: email@example.com
Article 12. Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as causes of exoneration from the obligations of the parties and shall result in their suspension. The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
Article 13. Settlement of disputes
The present conditions of remote sale are subjected to the French law. For all disputes or litigation, the competent court will be that of Versailles.