Termos do serviço
GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale are entered into between:
SHOPIX LLC
254 Chapman Rd, Ste 208 #20670
Newark, Delaware 19702
United States
hereinafter referred to as the “Seller”, operating the Momsilk website, hereinafter referred to as the “Website”,
and any consumer or non-professional purchaser wishing to purchase products offered for sale by the Seller, hereinafter referred to as the “Buyer”.
ARTICLE 1 – PURPOSE
These General Terms and Conditions of Sale define the contractual relationship between the Seller and the Buyer and the conditions applicable to any purchase made through the Website.
They govern, in particular, the conditions relating to purchases, orders, payments and the delivery of Products ordered by the Buyer.
These General Terms and Conditions of Sale are made available to the Buyer before any purchase or order and shall prevail, where applicable, over any other version or contradictory document.
Purchasing a Product through the Website implies the Buyer's full and unconditional acceptance of these General Terms and Conditions of Sale, which the Buyer acknowledges having read before placing an order.
The Buyer acknowledges having the legal capacity required to enter into a contract and purchase the Products offered on the Website.
The Seller reserves the right to amend these General Terms and Conditions at any time, particularly to comply with new legal or regulatory requirements or to improve the operation of the Website.
The applicable General Terms and Conditions shall be those in force on the date the Buyer places the order.
The Buyer agrees that information required for the conclusion or performance of the contract may be provided electronically.
Unless proven otherwise, the data recorded in the Seller's computer systems shall constitute evidence of all transactions entered into with the Buyer.
ARTICLE 2 – PRODUCTS
The Products offered for sale are those displayed on the Website, subject to availability.
The Seller reserves the right to modify its range of Products at any time.
Each Product is presented on the Website with a description of its main characteristics, which may include specifications, illustrations, dimensions, capacity and instructions for use.
Product photographs and graphics are intended to represent the Products as accurately as possible. Minor differences in appearance, particularly relating to screen display, lighting or colour rendering, shall not constitute a lack of conformity.
The Buyer is responsible for consulting the description of each Product before placing an order in order to understand its essential characteristics and intended use.
ARTICLE 3 – PRICES, CURRENCIES AND TAXES
3.1 Prices and currencies
Product prices are displayed in the currency applicable to the Buyer's location or selected market.
Depending on the Buyer's location, prices may therefore be displayed in a currency other than euros (€).
All applicable charges and taxes are displayed before the Buyer confirms the order.
The Seller reserves the right to modify its prices at any time. However, such changes shall not affect orders that have already been confirmed.
3.2 Euro prices and VAT
Prices displayed in euros (€) include applicable taxes, including VAT where applicable, at the rate in force on the date the order is placed.
Any change in the applicable VAT rate may be reflected in Product prices.
The price displayed and confirmed at checkout at the time of the order shall be the price applicable to the Buyer.
3.3 Shipping costs
Product prices may exclude shipping costs.
Applicable shipping costs are clearly displayed during checkout before the Buyer confirms the order.
By confirming the order, the Buyer accepts the applicable shipping charges.
3.4 Customs duties and import taxes
For deliveries within the European Union, applicable import duties and customs charges relating to the delivery are covered by Momsilk where applicable.
For deliveries outside the European Union, local customs duties, import taxes, clearance fees or similar charges may be imposed by the authorities of the destination country. Unless expressly stated otherwise at checkout, such charges are the responsibility of the Buyer.
ARTICLE 4 – ORDERS
The Buyer selects the Products they wish to purchase directly through the Website.
Orders submitted by other means, including post or email, will not normally be accepted.
When placing an order, the Buyer must:
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select the desired Product(s);
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check the contents of the shopping cart, including quantities, prices and delivery options;
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correct any errors where necessary;
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confirm the shopping cart;
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provide the required contact and delivery information;
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select the available delivery method;
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select the payment method; and
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confirm the order.
The sale becomes final once the Seller has sent the Buyer an email confirming acceptance of the order.
Confirmation of an order constitutes acceptance of these General Terms and Conditions of Sale.
The information provided by the Buyer and the recorded order confirmation shall constitute evidence of the transaction.
The Seller reserves the right to refuse or cancel an order for legitimate reasons, including suspected fraud, payment issues, obvious pricing errors or an unresolved dispute relating to a previous order.
ARTICLE 5 – RIGHT OF WITHDRAWAL AND RETURNS
5.1 Right of withdrawal
In accordance with applicable consumer law, the Buyer has 14 days from receipt of the order to exercise their right of withdrawal without having to provide a reason.
Where an order contains several Products delivered separately, the withdrawal period begins upon receipt of the last Product concerned.
5.2 Return conditions
To be eligible for a return, the Product must be:
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new and unused;
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returned in the same condition in which it was received;
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returned in its original packaging where reasonably required to protect the Product;
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accompanied by all accessories and documentation supplied with it; and
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accompanied by proof of purchase or the relevant order number.
5.3 Return procedure
Returns must be initiated through Momsilk's official return portal:
returns.futurlog.com/momsilk
Once the return request has been approved, the Product must be sent in accordance with the instructions provided through the return procedure.
European returns are processed through the following logistics centre:
HOUTCH – NSL
Avenue Jean-Jacques Séguard
59554 Tilloy-Lez-Cambrai
France
Returns sent outside the official return procedure may be refused where they cannot be properly identified or processed.
5.4 Return shipping costs
For eligible change-of-mind returns made from within Europe, return shipping is free of charge when the official Momsilk return procedure is used.
If a Product is defective, damaged or the wrong Product was sent, Momsilk will cover the applicable return costs.
5.5 Refunds
Once the returned Product has been received, it will normally be inspected within 5 business days.
The Buyer will be informed by email of the approval or rejection of the refund.
Approved refunds will be issued to the original payment method.
Depending on the Buyer's bank or payment provider, the refund may take approximately 5 to 10 business days to appear in the Buyer's account after it has been processed.
ARTICLE 6 – PAYMENT
The total purchase price is payable in full when the Buyer places the order.
Payments are processed through secure payment methods available on the Website, which may include:
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Visa;
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Mastercard;
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American Express;
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Apple Pay;
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Google Pay;
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PayPal;
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iDEAL;
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Discover;
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Shop Pay;
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Bancontact; and
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any other payment method displayed at checkout.
Payment shall only be considered final once the Seller has successfully received the amounts due.
If payment is refused, cancelled or otherwise unsuccessful, the Seller may suspend or cancel the relevant order.
No payment-method surcharge exceeding the actual cost borne by the Seller for use of that payment method shall be charged to the Buyer where prohibited by applicable law.
ARTICLE 7 – SHIPPING AND DELIVERY
7.1 Order processing
Orders are generally processed within 0 to 1 business day.
The standard order cut-off time is 10:00 AM CET, Monday to Friday.
Orders placed before the cut-off time are generally processed on the same business day.
Orders placed after the cut-off time, on weekends or on public holidays will generally be processed on the following business day.
Orders are shipped Monday to Friday, excluding public holidays.
7.2 Delivery
Products are delivered to the address provided by the Buyer when placing the order.
The Buyer is responsible for ensuring that the delivery information provided is complete and accurate.
Delivery is deemed to have taken place when physical possession or control of the Product is transferred to the Buyer or a person designated by the Buyer.
Unless otherwise stated or where Products are unavailable, Products contained in the same order may be delivered together or separately depending on logistical requirements.
Delivery is carried out by independent carriers.
7.3 Delivery times
Estimated delivery times and the available shipping methods are displayed on the Website and/or during checkout.
Unless a shipping option is expressly described as guaranteed, delivery times are estimates and may vary due to circumstances outside the Seller's reasonable control.
If delivery is not completed within the timeframe required under applicable consumer law, the Buyer may exercise the remedies available under that law.
7.4 Inspection upon delivery
The Buyer should inspect the Products as soon as reasonably possible after delivery.
If a Product arrives damaged, defective or does not correspond to the Product ordered, the Buyer should contact Momsilk at:
The Seller may request photographs, videos or other reasonable evidence to assess the issue.
Where the claim is accepted, the Seller will arrange, as appropriate and in accordance with applicable law, for replacement, repair or refund at no additional cost to the Buyer.
7.5 Lost packages
If a carrier confirms following an investigation that a package has been lost, Momsilk will offer the Buyer either:
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a replacement shipment at no additional cost; or
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a full refund.
If a package is marked as delivered by the carrier but cannot be located by the Buyer, Momsilk may open an investigation with the carrier to assist in resolving the matter.
ARTICLE 8 – ORDER CANCELLATIONS
The Buyer may request cancellation of an order free of charge provided that the order has not yet been shipped.
Due to the speed at which orders are processed, Buyers are encouraged to contact Momsilk within 15 minutes of placing an order to maximise the chances of cancellation.
Cancellation requests should be sent to:
Recommended email subject:
Cancellation – Order #[Order Number]
If the order has already been handed over to the carrier, cancellation or interception may no longer be possible.
In this case, the Buyer may exercise their applicable right of withdrawal after receiving the Product and follow the return procedure set out in Article 5.
Where an order is successfully cancelled, the full refund will be initiated using the original payment method.
Depending on the Buyer's bank or payment provider, the refund may take approximately 5 to 10 business days to appear in the Buyer's account.
ARTICLE 9 – RETENTION OF TITLE
The Seller retains full ownership of the Products until full and final payment of the purchase price, including any applicable charges and taxes, regardless of the date on which the Products are delivered.
Risk relating to the Products shall transfer in accordance with applicable consumer law.
ARTICLE 10 – LEGAL GUARANTEES AND SELLER'S LIABILITY
10.1 Legal guarantee of conformity
Consumers benefit from the mandatory legal guarantee of conformity provided by applicable French and European consumer law where such law applies.
The Seller is responsible for lack of conformity existing at the time of delivery and appearing within the applicable statutory period.
For goods covered by French consumer law, the Buyer may exercise their rights under the legal guarantee of conformity for two years from delivery of the Product.
Depending on the circumstances and applicable law, the Buyer may be entitled to repair or replacement of the Product and, where the statutory conditions are satisfied, a price reduction or termination of the sale and reimbursement.
Implementation of the legal guarantee of conformity shall be free of charge for the Buyer.
10.2 Legal guarantee against hidden defects
The Buyer may also benefit from the legal guarantee against hidden defects provided for by Articles 1641 and following of the French Civil Code, where applicable.
A hidden defect is a defect that renders the Product unfit for its intended use or substantially reduces its usefulness to such an extent that the Buyer would not have purchased it, or would have paid a lower price, had they known of the defect.
10.3 Claims
Claims relating to defective or non-conforming Products should be submitted to:
The Seller may request reasonable evidence, including photographs or videos, in order to assess the claim.
Where a refund is due, it will normally be issued using the same payment method used for the original purchase, subject to applicable law.
10.4 Exclusions
Subject always to mandatory consumer rights, the Seller shall not be liable for damage resulting from:
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improper or abnormal use of the Product;
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use contrary to the instructions supplied with the Product;
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negligence or lack of reasonable maintenance;
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normal wear and tear;
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accidental damage caused by the Buyer;
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cleaning or maintenance contrary to the Product instructions;
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unauthorised repair, alteration or modification of the Product; or
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force majeure or circumstances beyond the Seller's reasonable control.
Nothing in these General Terms and Conditions excludes or restricts any statutory consumer right that cannot legally be excluded or restricted.
ARTICLE 11 – INTELLECTUAL PROPERTY
All content available on the Website, including but not limited to text, photographs, images, logos, graphics, designs, interfaces, software, source code, trademarks and trade names, is protected by applicable intellectual property laws.
Such content remains the exclusive property of the Seller, its licensors or the relevant rights holders.
Any reproduction, representation, modification, distribution, publication or exploitation, in whole or in part, without prior authorisation from the relevant rights holder is prohibited except where permitted by applicable law.
No intellectual property right or licence is granted to the Buyer except the limited right to use the Website and its services for their intended purpose.
ARTICLE 12 – PERSONAL DATA
Personal data collected from Buyers is processed where necessary to manage orders, payments, deliveries, returns, customer service and invoicing, as well as for other purposes described in Momsilk's Privacy Policy.
Such data may be shared with service providers and partners where necessary for the performance and management of orders, including payment processors, logistics providers and carriers.
Personal data is processed in accordance with applicable data-protection legislation, including the General Data Protection Regulation (GDPR) where applicable.
Depending on the applicable legislation, Buyers may have rights including access, rectification, erasure, restriction, objection and data portability.
Further information regarding the collection and processing of personal data is available in Momsilk's Privacy Policy.
ARTICLE 13 – CONSUMER MEDIATION
In the event of a dispute, the Buyer should first contact Momsilk's customer service department in an attempt to resolve the matter amicably:
Where French consumer mediation rules apply, the consumer may, after first submitting a written complaint to Momsilk and if the dispute remains unresolved, refer the matter free of charge to the consumer mediator appointed by the Seller.
Appointed Consumer Mediator:
[NAME OF MEDIATOR]
Postal address:
[MEDIATOR ADDRESS]
Website:
[MEDIATOR WEBSITE]
The mediator must be contacted in accordance with the eligibility requirements and procedure applicable to that mediation service.
ARTICLE 14 – APPLICABLE LAW AND LANGUAGE
These General Terms and Conditions of Sale are governed by French law, subject to any mandatory consumer-protection provisions applicable in the country in which the Buyer habitually resides that cannot lawfully be excluded by agreement.
The original version of these General Terms and Conditions is written in French.
Translations may be provided for convenience. In the event of a discrepancy between a translation and the French version, the French version shall prevail to the extent permitted by applicable law.
Any dispute shall first be subject to an attempt at amicable resolution.
Where court proceedings become necessary, jurisdiction shall be determined in accordance with the mandatory rules applicable to the consumer concerned.
ARTICLE 15 – AMENDMENTS TO THESE TERMS
The Seller reserves the right to modify or update these General Terms and Conditions at any time, particularly to reflect legal, regulatory, technical or commercial developments.
Any amended Terms will apply to orders placed after the updated version becomes effective.
The Terms applicable to an order already placed shall remain those accepted by the Buyer at the time the order was confirmed.
The date of the latest update may be displayed at the beginning or end of these General Terms and Conditions.
Customer Service: info@momsilk.com
Seller: SHOPIX LLC
254 Chapman Rd, Ste 208 #20670
Newark, Delaware 19702
United States