Article 1 - Principles

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These general conditions describe the rights and obligations of the parties, being understood the rights and obligations of PLEINE LUNE S.A.S. with a capital of 10 000 €, registered in the R.C.S. of Nice under the number 889 099 289 (hereafter "the Vendor"), and of the Customer placing an order on www.mun-watches.com (hereafter "the Site"). They apply exclusively between the Vendor and any Customer, natural or legal person, visiting the Site or making a purchase (hereafter "Customer(s)").

 

On its Site, the Salesman allows the Customer to order on line products of the MU:N brand (hereafter "the Product(s)") according to the present General Conditions. Any order carried out near the Salesman thus involves the acceptance without reserve by the Customer of these conditions. The General Conditions are accessible on the website www.mun-watches.com and will prevail, if necessary, on any other version or any other contradictory document.

 

The present general conditions of sale are valid until: 01/01/2024. They can be modified at any time and without notice by the Seller. In the case of an order placed before the said modification, the applicable Conditions remain those in force at the date of the order by the Customer.

If any provision of these terms and conditions is declared null and void or unenforceable by a court of competent jurisdiction, it shall not invalidate the remaining provisions. The present general conditions are subject to French law with regard to the rules of substance and form. Any dispute shall be subject to a prior attempt at amicable settlement.

 

Article 2 - Products

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The Products offered for sale are presented on the Site and are accompanied by an exhaustive description of the product. All the Products offered are in conformity with the standards applicable in France.

The Customer acknowledges, prior to any purchase and to the conclusion of the contract, that he/she is fully aware of the present general sales conditions and of the information listed in article L. 221-5 of the French Consumer Code. This includes (i) the characteristics of the Product, (ii) the price of the Product, the method of calculation and the various applicable taxes, (iii) the transport costs, postage and other charges payable, (iv) the delivery period for which the Seller undertakes to deliver the goods, particularly in the case of a pre-order, (v) information relating to the Seller and its contact details, and (vi) information relating to the guarantees, their implementation and other contractual conditions.

 

All the Products offered on the Site are governed by the present General Conditions. The Products are offered within the limits of available stocks and presented with the greatest possible accuracy. The photographic or textual elements as well as the information and characteristics illustrating the Products are not contractual. In the case of (i) an error or omission by the Seller, (ii) a modification of the elements by the suppliers of the components allowing the creation of the Product by the Seller, (iii) a modification of the elements presented by the editor of the Site, the responsibility of the Seller cannot be engaged.

The present conditions concern the whole of the purchases carried out on the Internet site mun-watches.com and delivered in the whole world. These purchases concern the following products: watches - accessories of watch.

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Article 3 - Declarations

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The Customer declares to have the legal capacity to place an order for a Product on the Site.

The Customer undertakes to provide the Seller with all the information necessary for the proper performance of the service offered by the Seller, in particular his name, first name, address, telephone and e-mail. The Customer agrees to provide valid and up-to-date information. The Customer undertakes to inform the Seller, before the delivery of the Product, if his personal information changes. The Customer is responsible for the consequences related to the transmission of erroneous information, or of an illicit resumption of information. In case of inability to deliver due to an error of the Customer on his coordinates, the Customer is held responsible and will have to take charge of the potential additional expenses related to the return of the Product. 

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Article 4 - Order

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The Customer has the possibility to place an order on the Site within the limits of available stocks, through the dedicated purchase spaces. To validate his order, the Customer must (i) accept the present General Conditions by clicking, (ii) choose and provide an address and a delivery method, and (iii) validate his payment. An order is considered validated only after acceptance of payment and collection by the seller. Any order of a Product by the Customer implies acceptance of the prices and descriptions of the Product.

 

In certain cases, notably non-payment, erroneous address or other problem on the buyer's account, the Seller reserves the right to block the Buyer's order until the problem is resolved.

 

The Seller undertakes to inform the Customer of the availability of the Products at the time of his order, before any payment. If, despite the Seller's best efforts, a Product is no longer available following payment by the Customer, the Seller shall inform the Customer as soon as possible. The Customer will then have the option of cancelling the order and receiving a full refund of the amount paid. This refund is mandatory in all circumstances, but does not give any right to compensation, damages and interest, and does not engage the responsibility of the Seller.

 

For any question relating to the follow-up of an order, the Customer can send an e-mail to the Seller at the following e-mail address: contact@mun-watches.com.

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Article 5 - Signature & Cancellation

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An order shall be deemed validated after acceptance of payment, i.e. (i) the online provision of the buyer's credit card number and (ii) the sending to the buyer of the confirmation of acceptance of the order by the Seller by e-mail. An order deemed validated entails the payment of the sums due under the order and the acceptance of all operations carried out. The Seller reserves the right to cancel an order within 48 hours of its validation, in particular in the case of a pricing error or an internal problem compromising the proper delivery of the product. The seller will then be obliged to reimburse the customer in full within 7 days of the cancellation of the order.

In case of fraudulent use of a credit card or identity theft, the Customer is invited to contact the Seller at the following e-mail address: contact@mun-watches.com.

 

The computerized registers held by the Seller, such as communications, invoices and order forms or traces of orders, and payments made between the parties, may be produced as proof. Their archiving and their security is carried out by the Seller in the best efforts.

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Article 6 - Prices

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At the time of payment, the prices are indicated in EUR and take into account the VAT applicable on the day of the order. Any change in the applicable VAT rate is immediately reflected in the price of the Products available for the European zone. The prices are displayed without taxes and only take into account the VAT applicable for the member states of the European Union. Additional taxes and customs charges may apply for non-EU countries. The price of the Products may be modified at any time and without prior notice by the Seller, in particular in the event of an increase in taxes or contributions, a change in exchange rates or an increase in rates by suppliers. In the event of a price change, the prices in effect shall remain those indicated at the time of the order placed by the Customer. Please note that the Seller is not responsible for the payment of duties and taxes upon receipt of a product;

 

No payment can be considered as a deposit. No cash on delivery will be accepted. The property of the Product is kept by the Seller until the full payment of the price by the Customer.

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Article 7 - Method of payment

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To pay for his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations to use the chosen method of payment. The seller reserves the right to suspend any order processing and any delivery in case of refusal of payment authorization. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.

The payment of the price is made in full on the day of the order, according to the following methods: Stripe or Paypal and by credit card.

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Article 9 - Delivery, Returns & Refunds

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The Seller delivers its Products in Europe and in countries outside the European Union. Deliveries to Russia are suspended. The products are shipped with the delivery note, to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times or, in the case of a pre-order, the average production time of a Product. The Seller undertakes to inform the Customer as soon as possible of the progress of the processing of his order.

 

The Customer is required to check the condition of the Product. If the latter is damaged (except for the watch box), opened or missing, the Customer must refuse the package and note a handwritten and signed reservation on the delivery slip. The Customer undertakes to inform the carrier within two (2) days of receipt, and to send a copy to the seller, by e-mail or by post to the addresses indicated in the Legal Notice. If the Product(s) is (are) damaged, the Customer undertakes to make a request for return to the Seller within fourteen (14) days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...). The Seller will proceed to the reimbursement of the Product, as well as the shipping and return costs, fourteen (14) days following the reception of the Product, complete, in its original state and with all the labels.

In the case of a delay in delivery. In the case of an order for a Product in stock (hereinafter a "Stock" Product), and in the event of a delay in delivery of more than seven (7) working days, the Customer may cancel the order by registered letter, with acknowledgement of receipt, to the Seller's postal address. The contract shall then be deemed terminated, and the Vendor shall be obliged to reimburse the Customer for all sums paid, at the latest within fourteen (14) days of the date on which the contract was terminated. In the event of receipt of the product after the contract has been deemed terminated, the Customer shall be obliged to return the packaged and insured package within seven (7) days. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...). The refund will be made within fourteen (14) days of receipt of the product.

 

In the case of an order of a Product in pre-order (hereafter a Product "in pre-order"), the delivery dates are purely indicative. They correspond to the production time of the Product estimated by the Seller, and depend on specific elements of the suppliers and countries of production. Pre-order Products explicitly show a purely provisional delivery date, which may be extended by nine (9) months. In the event of a delay in delivery of more than nine (9) months in relation to the delivery date indicated at the time of the order, the Customer may cancel the order by registered letter with acknowledgement of receipt to the Seller's postal address. The contract shall then be deemed to be terminated, and the Vendor shall be obliged to reimburse the Customer for all sums paid, at the latest within thirty (30) days of the date on which the contract was terminated.

 

In the case of Customer's dissatisfaction with the product received. The Customer has a period of fourteen (14) days following the receipt of the order to inform the seller at contact@mun-watches.com of his wish to return his order. Once this period has expired, the Customer is no longer able to request a refund of the product. Once the refund request has been confirmed by the seller in writing, the Customer must return the product within fourteen (14) days, with proof of shipment and insured for its purchase value. The product must be unused, in its original packaging and with all original brand labels still attached. Once the fourteen (14) day period has expired, the return is considered cancelled and the Customer must keep the product. The return or exchange is at the expense of the Customer.

The returned Product will be reimbursed within fourteen (14) days of its receipt by the seller, by crediting the amount to be reimbursed to the Customer's bank account.

If the Customer fails to comply with the present conditions, in particular the conditions of return or exchange, the seller shall not be able to proceed with the reimbursement of the Products concerned.

 

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Article 10 - Warranty

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Legal guarantee of conformity.

Article L217-4 of the French Consumer Code " The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery ".

The company PLEINE LUNE guarantees the conformity of the goods to the contract, allowing the customer to make a claim under the legal guarantee of conformity provided for in Article L. 217-4 of the Consumer Code. The guarantee does not apply in the case where the buyer was aware or could not have been unaware of the defect at the time of purchase or if the defect is the responsibility of the customer.

 

Legal guarantee of the defects of the sold thing (hidden defects).

Article 1625 of the Civil Code "The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the purpose for which it was intended (...)".

The customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. To do so, (i) the defect must be hidden, (ii) the defect must exist on the day of purchase, (iii) the defect must render the product unfit for its intended use. Contrary to the legal guarantee of conformity, the defect must be proven by the customer, who can then (i) keep the good and ask for a reduction of the price (ii) return the good and ask for the reimbursement of the sale price and the expenses incurred.
The legal guarantee applies independently of the commercial guarantee.

 

 

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This text is self-translated into English, only the French version is legally binding. For any specific question or uncertainty, you can contact the Mu:n team at contact@mun-watches.com.