General Terms and Conditions of Sale

These general terms and conditions of sale govern the contractual relationship between customers (hereinafter referred to as "the customer" or "you") wishing to place an order via the website www.moncontainer.com and VALICIA S.A.R.L., the company which publishes this website, with its registered office at 22 rue Armand in Chassieu (69680), SIRET No. 79297401600026, (hereinafter referred to as "moncontainer.com" or "we").

Translated with www.DeepL.com/Translator (free version)

 Article 1 - General

VALICIA sarl, hereinafter referred to as "the Publisher", publishes and administers the moncontainer.com e-commerce site, hereinafter referred to as "the Site". These general terms and conditions apply to the sale of products on the moncontainer.com website. These general terms and conditions of sale specify in particular the conditions for ordering, payment, delivery and management of any returns of products ordered by customers. Placing an order on moncontainer.com for one or more products and choosing and validating a method of payment during the ordering process implies prior consultation of these general terms and conditions and the customer's automatic, irrevocable and unreserved acceptance of these general terms and conditions of sale. Consequently, the customer acknowledges that he/she is perfectly aware of the fact that his/her agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order the products presented online. No special condition can, except formal and written acceptance by VALICIA, prevail over these general sales conditions. The fact that VALICIA does not take advantage of one of the provisions of the present general sales conditions at a given time shall not be interpreted as a waiver of the right to take advantage of one of these provisions at a later date.
VALICIA sarl reserves the right to modify these general terms and conditions of sale at any time, provided that these modifications are published on the moncontainer.com website.

 

Article 2 - General description of the products

In order to allow the customer to know the products he wishes to buy before ordering them and in accordance with article L 111-1 of the French Consumer Code, the Publisher presents on its website the characteristics of the products offered for sale. In particular, the catalogue describes the specifications, illustrations and indications of the products. Furthermore, the customer always has the possibility of contacting the Publisher by telephone or e-mail to obtain additional information on the products presented. The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of the Publisher cannot be engaged in case of error in one of these photographs or one of these texts. The Publisher reserves the right to modify or change without prior notice the products in the catalogue. The choice and purchase of a product are the sole responsibility of the customer. The photographs and graphics in the catalogues and products offered for sale are indicative only and are not binding on the seller. In the event that a supplier modifies a product, the graphic representation of the latter shall not engage the responsibility of the seller nor affect the validity of the sale.

 Article 3 - Sales process

For each product, the catalogue indicates the price applicable to that product. When the customer orders a product, he/she undertakes to purchase said product at the price indicated on the site at the time the order is placed.

 Article 4 - Prices and delivery costs

The prices displayed are in euros, including VAT at 20.0%, and excluding any delivery costs, subject to availability of stock or production. The products are offered for sale during the period announced on the site and can only be ordered during this period.

Delivery costs are at the customer's expense and are invoiced in addition to the sale price of the products. Delivery costs vary according to the type of products ordered and the destination. The delivery costs are always indicated for an ECO (RDC) delivery by carrier, under normal delivery conditions. Therefore, the customer must ensure, before the final validation of his order, that the products ordered, especially in the case of bulky packages, that they can be delivered through the door of the home on the ground floor and/or stairs. All additional means required for delivery of bulky packages to the destination room requested by the customer will be invoiced in addition to the quote. If it is not possible to deliver to the room requested by the customer, the parcel will be left as close as possible to the room requested. Failure to verify at the time of ordering that it is impossible to deliver by the usual means (due to access difficulties, obstacles or other) shall not constitute grounds for cancellation of the order. The customer will always be informed before the final registration of his order of the delivery costs related to his order, and the payment will be requested from the customer for the total amount of the purchase. Thus, the choice and validation of a payment method by the customer implies that the latter agrees to pay the related delivery costs. The delivery costs cannot therefore constitute a valid reason for questioning the order after its final registration.

Article 5 - Ordering

Only the products presented and offered for sale on the site may be ordered. The customer may place an order with the Publisher exclusively on the moncontainer.com website by following the order procedure. Orders placed are irrevocably binding on the customer. All orders placed with moncontainer.com will be confirmed by sending the customer an e-mail confirming the order and will not be considered firm until 14 days after the end of the sales period.

Until the expiry of this period, the customer has the option of cancelling the order, in particular due to the availability constraints indicated below.

If the order has been delivered, the return of the order will be exclusively at the customer's expense.

If the payment was made by Paypal, credit card or bank transfer, the bank commissions will be deducted from the amount of the refunded order.

The Publisher advises customers who order on the website to archive or print a copy of the order form until they receive the product. As part of its procedure for checking and accepting orders, the Publisher reserves the right to ask the customer to provide additional supporting documents. The order will only be validated upon receipt of these documents. The delivery time of the order to the customer may be affected by any delay in the transmission of the information. In case of failure to provide the documents, the Publisher reserves the right to cancel the order.
Upon receipt of the delivery, the customer must imperatively check the contents received by unpacking in front of the driver and refuse it if the order is not in conformity.

If it is not in conformity or damaged, the reserves ("damaged packages" or "under reserve of unpacking") are refused by all the insurances of the carrier.

Article 6 - Availability

The products are offered within the limits of stocks and production available from the publisher or its suppliers, and only during the sales period indicated on the site. This information is updated during opening hours. It is given as an indication. The offers are valid subject to the conditions of availability at the Publisher or its suppliers, and may in particular be subject to minimum or maximum quantity conditions. In case of depletion of the stock or reaching the supplier's capacity before the end of the sale, the Publisher will endeavour to withdraw the products concerned from the sale. In this context, indications of product availability will be provided to customers according to the information regularly given by the suppliers. As this information comes directly from the suppliers, errors and modifications are beyond the control of the Publisher. In case of unavailability of the product, the Editor will inform the customers by e-mail, mail or telephone as soon as possible. Customers may then request the cancellation or exchange of the order.

 Article 7 - Invoicing

After validation of the order, a detailed invoice can be consulted and printed by the customer directly on the moncontainer.co website in the "My Customer Area" section.
However, any invoice can be sent to the customer by post on request on our website.

 Article 8 - Payment methods and security

Payment for goods can be made by credit card, French bank cheque, paypal, bank transfer or CB 3x without charge.  Payment by bank card is secured by the PAYBOX system of the Crédit Agricole.

In the case of payment by bank cheque, the customer is invited to send by post his 2 cheques (1 cheque for 40% corresponding to the deposit of his order and the second which corresponds to the balance which will be taken on the day of dispatch of the order from the manufacturer's factory). The 2 cheques should be sent to the attention of Moncontainer at the following address Moncontainer, 22 rue Louis Armand 69680 CHASSIEU. Once the online order has been placed, the customer will receive an e-mail informing them that their order has been validated, subject to the condition precedent of the actual cashing of their bank cheque. Once the cheque has been cashed, the Customer will receive an e-mail confirming his order. If the cheque is not cashed, the Customer will receive up to three reminder emails within a period of 15 days, before receiving an email cancelling the order.

For bank transfers, the customer must make an initial transfer of 40% corresponding to the deposit of his order at the time he validates his order. This first transfer validates the customer's order. The balance of the order will be requested the day before the order is shipped from the manufacturer's factory. For each order, the customer must provide the required information, as mentioned on the site. No order will be accepted or confirmed until the required payment information has been provided and validated.

Payment in 3X without fees by credit card from 400 € of purchase. The total amount is split in 3, the first immediate, the second at 30 days and the third at 60 days. All disputes will result in litigation with additional costs.

If the payment method selected by the customer is not successful, in particular due to a low bank account balance or incorrect bank details, the customer is responsible for all costs incurred by the intervention of a third party to resolve the payment.

Article 9 - Default of payment

In the event of non-payment, in particular because of the refusal of the bank to honour the payment or because of a stop payment by the customer, and this, before or after the conclusion of the transaction, the Publisher may terminate the sale by right without notice or delay and may, if necessary, demand the return of the product at the customer's expense. The Publisher reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order or with whom a dispute is being administered.

Any failure to pay by cheque, rejected credit card, or 2nd and 3rd instalments of the payment by credit card 3x without charge, must be settled within 8 days for the total amount still due.

Failure to do so will result in the creation of a dispute file, the incompressible costs of which will amount to 50 € per file for management costs. Each refusal of a direct debit will be the subject of a new file. In addition to these file fees, late payment penalties will be added in accordance with law n°93-122 of 29 January 1993, which are calculated at an annual interest rate equal to three times the legal interest rate of the current year and this from the first day of delay.

We retain ownership of the goods until they are paid for in full.

 Article 10 - Terms of delivery of products

Delivery is made by handing over the product to the customer at the place indicated by the latter and unless otherwise indicated on the order form, the packages are not delivered upstairs but are delivered at least to the doorstep of the house or building. The customer must carefully fill in the delivery address at the time of ordering, and indicate a telephone or mobile number. Neither the publisher nor the carrier can be held responsible for the impossibility of delivery due to inaccuracy in the delivery address and any re-delivery costs will be charged to the customer.
The delivery of the product by the carrier or the postman gives rise to the signature of a receipt by the customer.

The customer is obliged to check the condition of the packaging and the goods on delivery in the presence of the carrier and to report any damage to the carrier on the delivery note, or by refusing the goods, as well as by registered letter within three days.
Moncontainer.com uses different carriers depending on the region and the volume of the package, some of which will make an appointment by telephone with the customer.
If the customer is absent at the time of the scheduled delivery, the carrier will contact the customer for a second delivery, and the cost of this second delivery will be charged to the customer.

Moncontainer also offers you the possibility of collecting your goods from our Lyon depot by appointment only. You have a period of 15 days to collect your parcels from the date of dispatch of the email confirming the availability of the goods. After this period, you may be charged storage fees. You will need to come to the depot with a valid ID and the invoice for your order which will have been sent to you by email, showing the details of your order and an allocation number.

 Article 11 - Delivery times

The delivery time depends on the items ordered and is indicated in the Delivery section and in each of the product sheets. The delivery time taken into account in the case of an order of several products by the customer is the longest delivery time noted. The delivery time mentioned above is established only as an indication and depends on the possibilities of supply and transport of the Editor. Exceeding the delivery time may not under any circumstances give rise to damages. In accordance with Article 114-1 of the French Consumer Code, the customer may cancel the sales contract by registered letter with acknowledgement of receipt if the planned delivery date of the goods or the performance of the service is exceeded by more than 14 days, provided that this overrun is not due to a case of force majeure or to a request from the customer. In any case, the delivery of the products within the prescribed time limit can only take place if the customer has paid in full the price to be paid for each of the products which were the subject of the order as well as the corresponding transport costs and, if necessary, provides the proofs requested by the Publisher in accordance with the conditions described in article 8. The departure order is given by the Publisher after full receipt of the total price of the order. In case of delay in delivery with respect to the date initially set, the customer must notify the Publisher in writing (letter, fax, e-mail), in order to improve the quality of service that may be offered to him and to allow the Publisher to investigate with the carrier. An investigation with the carrier may take up to 21 working days. If during this period, the product is found, it will be immediately redirected to the customer's home or to the recipient designated in the order form. However, if the product ordered is not found at the end of this 21-day investigation period, the Publisher will proceed at its own expense with a new shipment of the products ordered by the customer. In the event that the product ordered is no longer available, the provisions of article 6 will apply. In the event of a product exchange, the delivery costs will be borne by the consumer.

 Article 12 - Delivery errors or anomalies

In case of anomaly or error during delivery (such as damage, broken products, damaged package) and/or in case of non-conformity of the products in kind or in quality compared to the indications on the delivery note, the customer must immediately REFUSE THE PACKAGE or make precise reservations on the transport note which is given to him and of which the carrier keeps a copy. These reservations must mention precisely the condition of the package (for example, stuck in the corner, torn packaging, etc.) as well as the condition of the product (broken, bent, scratched, damaged, torn product, etc.). He must also confirm and specify these reservations within 48 hours by registered mail to the carrier whose address appears on the transport voucher that was given to him and send a copy by email to the publisher at contact@moncontainer.com, accompanied by photos showing the damage.


Any claim that is not made in accordance with the rules defined above and within the time limits set, will not be taken into account and will release the Publisher from any responsibility towards the customer. The exchange costs will then be charged to the Editor, except in the case where it would be proven that the product taken back does not correspond to the original declaration made by the customer.

 Article 13 - Withdrawal clause

In accordance with articles L. 121-16 and following of the French Consumer Code, which give the customer the right of withdrawal, the customer has a period of 14 clear days from the day of delivery of the product purchased on the Site to inform us by e-mail or post only and to return the said product complete in its original packaging to the Publisher for exchange or reimbursement (of the product only), without having to give any reason or pay any penalty, with the exception of transport costs.

If the customer requests an exchange for personal convenience, the shipping costs remain at his expense.
However, the Publisher will only accept the exchange and refund of products if each and every one of the following conditions are met:
a) the return of the products must be made within the time limits prescribed in the first paragraph of this article, the date appearing on the delivery note being taken as proof
b) the product must be returned complete and in its original packaging intact
c) the product must not have been used
Any item returned without the possibility of an exchange will only be returned to the customer once the customer has paid the return postage.

The Publisher reserves the right to determine in good faith whether all of these conditions are met. Upon receipt of the returned product by the customer, the Publisher will send by e-mail, a confirmation of receipt of the product. Refunds may be made by credit card re-credit, bank cheque or bank transfer to the bank or post office account which was initially used by the customer to pay for the product, within a maximum of 14 days after the confirmation of receipt of the product has been sent to the customer.

The costs and risks relating to the return of a product are the exclusive responsibility of the customer.

 Article 14 - Transfer of ownership of products and transfer of risk

The transfer of ownership and the transfer of risks relating to the product sold takes place at the time of dispatch of the product, the date shown on the invoice being proof of the date of dispatch.

 Article 15 - Warranty and after-sales service of products

In addition to the legal guarantee against hidden defects provided for by the provisions of the Civil Code (articles 1641 et seq.) and the guarantee offered by the manufacturer of the product and/or by the Publisher on French territory, as further detailed for each of the products in the catalogue, the Publisher will indicate on the catalogue the terms and conditions of after-sales service, if any, for each of the products sold.
the Publisher on the French territory, as more fully detailed for each product in the catalogue, the Publisher will indicate on the catalogue, if necessary, the terms and conditions of the after-sales service for each product sold. In case of need, the customer can always contact the Publisher by e-mail (contact@moncontainer.com) or telephone to know the procedure to follow.
The guarantees do not cover :
a) the replacement of consumables such as batteries, bulbs (non-exhaustive list)
b) abnormal or non-conforming use of the products
c) breakdowns related to accessories
d) defects and their consequences linked to any external cause.
The Editor declines all responsibility for repairs and estimates made by the technical services or approved technical centres of the various manufacturers, as well as for excessive delays due to a problem of replenishment of spare parts necessary for the repair of your equipment.

e) The use of cleaning products that are not suitable for the furniture concerned (Metal and aluminium furniture may suffer from "oxidation" during transport). The Mirror allows the oxidation to be removed.

Any complaint about a return or exchange must be accompanied by the RETURN PRODUCT form which can be downloaded from the home page (at the bottom of the RETURN PRODUCTS section).

 Article 16 - Limitation of liability

Any liability of the Publisher for any kind of direct or indirect damage arising from the non-performance or improper performance of the sale of a product shall in no event exceed an amount equal to the price of the product sold.

 Article 17 - Evidence

The computerised registers, kept in the computer systems of each party, under reasonable security conditions, will be accepted as proof of the communications and payments made between the parties.

 Article 18 - Personal information

The information requested from the customer is necessary to process the order and may be communicated to the Publisher's contractual partners involved in the execution of the order. In the absence of express opposition on his/her part, the buyer gives his/her consent to the use of the personal data collected under the terms of his/her order for the purposes of Moncontainer.com's customer file. In accordance with Law N°78-17 of 6 January 1978 relating to information technology, files and freedoms, the customer has the right to access and rectify data at any time. To exercise this right, they must send their request by post to VALICIA sarl 22 rue Louis Armand 69680 Chassieu.

 Article 19 - Promotional codes, showroom sales or sales with defects in appearance.

Moncontainer.com offers its prospects and/or customers promotional codes on various occasions. Promotional codes are not cumulative and are valid outside of sales and promotions and may be limited to certain items. Moreover, the promotional codes are not applicable in the case of an item selected with a €1 offer. You will have to choose between the €1 offer or the advantage of the promotional code.

Furniture used for exhibitions or with defects: Items sold "as is" (furniture used for exhibitions or with defects) are not returned, exchanged or refunded.

 Article 20- Applicable law

The present general terms and conditions of sale are governed, both for their interpretation and their execution, by French law.  It is written in French. In the event that it is translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute. This contract is governed by French law. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.

In the event of a dispute, the customer shall first contact the Publisher to obtain an amicable solution by registered letter within 8 days. These complaints will be studied by our accounting and legal department. All disputes relating to the formation, performance and termination of contractual obligations between the parties that cannot be settled amicably shall be submitted to the jurisdiction of the Commercial Court of the Seller's city (LYON).

The choice and purchase of goods by the customer are under his or her sole and exclusive responsibility, and the total or partial impossibility of using the products, in particular due to incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of moncontainer.com, except in the case of a proven latent defect, non-conformity, defect or exercise of the right of withdrawal as provided for in the Consumer Code.

MEDIATION: In the event that a dispute cannot be settled by means of a prior complaint made directly to its services, and in accordance with Article 612-1 of the Consumer Code, you may have recourse free of charge to the MEDICYS mediation service to which we belong, by electronic means: https://app.medicys.fr/fr/professional/search or by post: MEDICYS 73 Boulevard de Clichy 75009 PARIS.

 Article 21- Retention of title

Moncontainer.com retains ownership of the goods sold until full payment of the principal and accessories has been received. Failure to pay any of these amounts may result in the goods being reclaimed.

 Article 22- Customer relations - Telephone reception

For any questions or difficulties encountered, the customer can contact us by telephone on 09.86.20.86.65 from Monday to Saturday from 9.30am to 12pm and 2pm to 7pm.

The customer can also contact moncontainer.com at any time via the "Contact" section, or via our email address: contact@moncontainer.com

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