General sales conditions
|Legal status and capital||SARL|
|Manager last name||Le Roux|
|Manager first name||Kaltoum|
|City||Brie Comte Robert|
|Phone||+33 1 75 43 47 90|
|Fax||+33 1 82 83 39 83|
|Opening hours||monday to friday 8am-6pm|
|Intracommunity VAT No.||GB 975 1368 89|
This site is owned by MODATOI in its entirety, along with all rights thereto. Reproduction in whole or in part is not allowed unless authorized by the owners.
The hyperlinks are however permitted without prior approval.
1- Acceptance of terms
The customer acknowledges having read the conditions of sale stated on this screen and expressly agrees to comply with them when ordering.
These general conditions of sale governing the contractual rapport between MODATOI and the client shall prevail over any other conditions featured on any other document, unless a prior written consent has been obtained.
The order can only be placed on the site if the client has clearly identified himself using his code (email address) and password, which are his sole property.
The automatic registration systems are considered as proof of the nature, content and date of the order. MODATOI confirms the acceptance of his client's purchase order to the email he provided. The sale will be concluded only after the confirmation of the order and confirmation of payment. MODATOI reserves the right to cancel any order from a customer with whom there is a dispute over payment on a previous order.
In some cases, such as a wrong address, payment default or any other problem pertaining to the order, MODATOI reserves the right to block the order until resolution of the issue. The buyer is responsible for the information he provides when placing an order; in case of error in the recipient's details, the seller cannot be held responsible for the non-delivery of the order.
Although exceptional, it may happen that a product is no longer available. In such a case, MODATOI would then inform you expressly and would proceed to the reimbursement of said item.
MODATOI agrees to deliver to its carrier all items ordered by the buyer (subject to availability) within 48 hours. The carrier then undertakes to deliver the order to the address provided by the buyer to MODATOI or depositing it at the post office closest to the address if the recipient is absent.
The delivery is ensured by post within 3 to 5 business days from the handover of the package to the Post. However, possible delays do not entitle the buyer to claim damages.
All orders placed with MODATOI are for personal use by customers; the complete or partial resale of the products is strictly forbidden. In addition, MODATOI can in no way be responsible legally if the payment of taxes has not been settled by the customer.
Deliveries in the countries of the European Union are made by the Post. For deliveries outside the EEC, deliveries are made by international postal services or by private carrier. In the case of a technical product, the customer will pay particular attention to check the proper functioning of equipment delivered and read the instruction manual provided.
In case of defect, the buyer has the right of return the product(s) under the conditions stated herein.
Are considered as force majeure, and thereby releasing the seller from its obligation to deliver, any such occurrence as war, riot, fire, strikes, accidents and the impossibility of being supplied. The goods always travel at the recipient's risk. Always check your package upon arrival. You have 48 hours to make a claim with the carrier in case of missing or damaged goods.
Delivery charges are shown in the basket with your selection.
Subject to availability, an order may be delivered in part a few times to the customer. In this case, the customer only pays for one delivery as long as the address of delivery is the same. Should the customer provide 2 different delivery addresses for instance, he has then to pay for the 2 deliveries.
About Shipping and charges:
The cost of shipping is calculated based on a number of factors, including the number of purchased items, the weight of the items, and the postal code of the destination country. NOTE : We can not offer free shipping or free returns on international orders ( outside France).
Returns and exchanges for international orders:
You can return an item received , but exchanges are not possible. Instead, you can return the unwanted item and order a new replacement separately. Refunds include duties, taxes and tariffs. Unfortunately, we can not refund your original international shipping charges.
MODATOI refunds the cost of returned merchandise to your original method of payment, such as your PayPal account or the credit card used for the order. You also receive an e-mail to confirm refund.
If the refund is applied to your credit card, Your credit card company may take up to 4 additional business days to post the refund to your account.
International orders are not eligible for :
• Free shipping
• Free returns
• Exchanges( merchandise can be returned, but not exchanged)
You have 15 days for shoes and 7 days for textile from receipt to decide whether to keep the items. In case of a request for refund, you may return the complete item(s) in its/their origin packaging at the following address:
11 chemin des Justices
77266 Brie Comte Robert Cedex
Tel (+33-9) 72-11-31-22
Upon exercising your right of withdrawal, MODATOI is required to reimburse the sums paid by the customer at no charge, except for return shipping costs. The refund is due within a maximum of 30 days.
Textile articles come with a security seal which shouldn't be removed when trying the item. Any item returned without the seal will not be taken back. Any item returned damaged, incomplete, or soiled by the customer will not be returned or exchanged. Refer to the terms of exchange/return on this site for more information.
All prices are quoted in GBP (£) . The price on the product description does not include shipping.
The price listed in the order confirmation is the final price, including tax and VAT f. This price includes the price of the products, their handling, packaging and storage, freight and commissioning.
The invoice amount will not change once the order is confirmed. The prices charged to the customer are the prices indicated on the order confirmation sent by MODATOI. The amount is due on the day of the order.
Credit Card Payment: payment is made online with a credit card bearing the acronym CB, MasterCard, Visa. The online payment CyberPlus allows you to pay via a bank server of Banque Populaire in a secure environment. Your payment data is sent in encrypted and secured using SSL 3 (Secure Socket Layer) on the internet.
Your credit card number is routed directly to the servers of the bank, without going through the shop server, ensuring that your numbers are only known by our banking partner (Banque Populaire).
The order validated by the customer shall be considered effective only when the payment centers concerned have given their approval. In case of refusal by the payment centers, the order will be automatically cancelled and the customer notified by email. Moreover, MODATOI reserves the right to refuse any order from a customer with whom there is a dispute.
6.1 - Payment
The orders are payable in full at the date of order, by credit card as stated above.
The order will be considered accepted by MODATOI when the payment centers concerned have given their approval and when MODATOI have validated according to certain acceptance criteria in accordance with the control procedure. Once the file is accepted by the payment center and MODATOI, the customer will be informed by email. In case of refusal, the order will be automatically cancelled and the customer will also be notified by email.
6.2 - Anti fraud control
MODATOI, in collaboration with FIANET, controls all the orders that have been validated on its website. These controls are designed to protect MODATOI of abuses by fraudsters.
For orders with a delivery address that differs from the billing address, MODATOI reserves the right to contact the two persons mentioned (the one mentioned on the billing address and the other referred on the delivery address).
Under these procedures, MODATOI or any person authorized by it, so reserves the right to request from the Customer necessary paperwork to execute the command: proof of address, a copy of the customer's identity card and copy of the credit card used for purchase by hiding all the numbers except the last 4. These requests will be made by email and/or by mail with a return receipt.
The information related to your order are treated with the utmost care so as to fight against credit card fraud.
FIANET and the dealer from whom you purchase are the recipients of the data related to your order. The non-transmission of data related to your order prevents the execution and analysis of your transaction.
The occurrence of an unpaid invoice due to the fraudulent use of a credit card will be associated to your order and this incident will be recorded by FIANET. An irregular declaration or anomaly may also be subjected to a special treatment.
In accordance with the Data Protection Act of 6 January 1978, you may claim your right of access, rectification, and opposition to all of your personal data, at any time, by sending a letter with a proof of your identity to FIANET - Data Protection Department - Treatment No. 773061 and No. 1080905 22 rue Drouot - 75009 PARIS.
Payment by PayPal: if you have a PayPal account, you can choose this payment method; you will then be redirected to the login page of your PayPal account.
A word of caution: bank charges are borne by the customer. The order will be shipped only upon receipt of the total amount invoiced.
WE DO NOT ACCEPT PAYMENT IN CASH OR MONEY ORDER ON DELIVERY.
This contract is subject to French law. MODATOI cannot be held liable for damages of any kind, whether tangible or intangible, which could result from a malfunction or improper use of the products sold, or for any changes brought by the product manufacturers. MODATOI's responsibility will, in any event, be limited to the amount of the order invoiced and it cannot be blamed for simple errors or omissions that may occur despite all precautions taken to truly represent the products.
In case of issues in the implementation of this contract, the buyer has the option, before any legal action is undertaken, to seek an amicable solution: - either by contacting customer service via email: email@example.com or by calling (+33-1) 75.43.05.46 (price of a local call - no surcharge) Monday through Friday from 9am to 18pm and Saturday from 9am to 12pm French time . - or by contacting a professional association in the industry, a consumer association or any other counsel of his choice.
Claims or disputes will always be received with attentive care, good faith always prevailing in the case of those taking the trouble to explain the situation. In case of a dispute, the customer should first contact the company to reach an amicable solution. We should remind you that the search for an amicable solution does not interrupt the delay of the legal guarantee, nor the duration of the warranty contract. In general, and subject to the discretion of the courts, the provisions of this contract relating to the guarantee contract require that the buyer honors his financial commitments towards the seller.
Failing this, the Commercial Court of your choice would have the sole exclusive jurisdiction, regardless of delivery location or method of payment accepted.
In all cases, MODATOI cannot be held responsible for non-compliance with regulations and laws in force in the receiving country; MODATOI's responsibility is always limited to the value of the product concerned, its value at the date of sale, and this without possibility of appeal against the brand or the company producing the product.
In any event, the client receives the legal guarantee of eviction and hidden defects (Article 1625 et seq of the Civil Code). Provided that the purchaser proves there is a hidden defect, the seller must legally make all repairs accordingly (1641 et seq of the Civil Code). If the buyer goes to court, he must do so in a "promptly manner" after the discovery of the defect (article 1648 civil Code). You can contact customer service by emailing firstname.lastname@example.org or calling (+33-1)75.43.05.46 (local rate) Monday through Saturday.
9. Legal information
Intelligence information collected for purposes of distance selling is required, this information being essential for the processing, the delivery of orders, and the preparation of invoices and warranty contracts. The lack of such information will result in the cancellation of the order. According to the law "internet and freedom", the processing of personal information about customers has been disclosed to the Commission Nationale Informatique et Libertés (CNIL). The client has the right to access, modify and delete his personal data (Article 34 of the Act of January 6, 1978); he can practice before MODATOI. Moreover, MODATOI promises not to disclose any of his clients' information to third parties.
Card payments are made directly through our payment system. Your bank details will be encrypted and will not in any way circulate in clear on the Internet.
For your payment safety, we use CYBERPLUS, the solution for payment by credit card developed by our bank, the BRED - Banque Populaire.
With this system, your payment is made directly on the secure server of our bank, the BRED - Banque Populaire on our behalf. At no time will your credit card number be released to us. Data is encrypted and secured using SSL 3 (Secure Socket Layer) on the Internet, protocol which has become a worldwide standard and is supported by most browsers.
What is phishing and how to protect us from it as much as possible?
For some time, those attempted frauds take the form of fake email sent to online trade customers (phishing).
Fraudsters send massive amounts of messages impersonating a bank or an online store, and redirect users, who feel they are concerned by the message, to a fake Web site.
Email messages invite you to click a hyperlink or an image to validate an order for example, and then enter sensitive information (main mail account, password, credit card number ...) on a site which is very similar to that of MODATOI.
MODATOI will never ask you for confidential information by email.
This is identity theft, which we cannot control. Here is a non-exhaustive list of such messages:
- So that we can process your order, please complete the form,
- Checking account information (information needed to compare the order)
- Technical problem on your account
- Please provide us with necessary information
- Please verify/update your personal contact details
- Modatoi: Commercial service - secure your account
- Warning: please restore access to your account
- We identified a problem with your account
Some phishing email are easily identified; others are more credible. You will find words without accents, lack of punctuation, spelling mistakes ... showing an automated translation.
A few safety tips to take to further protect yourself from phishing:
- Never respond to email asking you for the input of personal and confidential data, nor click the hyperlinks they contain. We never ask for such information by email.
- Check the website address in the URL bar.
- Use an updated antivirus and a firewall, and perform regular updates to correct security vulnerabilities in your operating system.
- Do not open attachments to email you receive unless you know the integrity of the sender. Just beware of the email address. It is easy for scammers to disguise it.
10. Returns policy
The items must be returned new, without having been worn or used, complete and in their original packaging. Items returned incomplete, damaged, worn or soiled by customers are not accepted back. For textile items, they must be returned to us with labels and the uncut black frame; should they have been cut, you cannot claim a refund. We advise you to try the items with the guarantee seal and not to cut it until you are sure you want to keep the item.
For reimbursement claims, the repayment delay from receipt of the return runs around 15 days. The amount will be refunded in the same manner it was paid. The amount may be refunded directly to your account cb (a mail is sent as soon as it is done) and it will appear within about 2-3 days on your account. We process refunds according to the date of return.
Thank you for your understanding.
ATTENTION: Returns with postage due or against refund are denied. The customer must ensure that the returned items are signed for; costs and risks of return are the responsibility of the customer. For example, if the client sends clothing in an envelope that gets lost, MODATOI will then not be under any obligation to refund the customer for the merchandise. It is therefore advise that the customer returns merchandise requesting an acknowledgement of receipt in the form of a signature.