General terms and conditions of sale

1. MENTIONS LEGAL

The website www.momenmomen.co is open to any user of the Internet network.

It is edited by: Société Carbon 12, a simplified joint stock company with a capital of 10,000 euros, whose registered office is located at 61 Rue François Genin Lyon and registered with the Lyon RCS under the number 878 464 320, intra-community VAT number VAT FR69878 464 320

You can contact us by:
Customer service email: [email protected]

2. PRODUCTS

Product: any item or service offered for sale on the Site.

Customer: any natural person placing an Order on the Site.

Order: any purchase or pre-order of a Product made by a Customer on the Site.

The Site allows Carbon 12 to offer for sale products (the "Products") to Internet users browsing the Site (hereinafter the "Customer").

Part of our site operates on a pre-order system. By placing a pre-order, the customer acknowledges that if the pre-order objective mentioned on each pre-order product sheet is not reached at the end of the pre-order deadline, the customer will be reimbursed for the totality of his purchase, and the production of the pre-ordered item will not be launched. Production being limited, if the customer buys a product in stock, he acknowledges that he may not change size after receipt. If the customer wishes to be refunded for an order placed in pre-order or in stock and makes the request, the refund procedure will be initiated immediately after receipt of the returned item. Any order or pre-order of Products appearing on the Site presupposes prior consultation of these general terms and conditions (the "GTC") and their unreserved and irrevocable acceptance. Consequently, the Customer acknowledges that he/she is fully informed of the fact that his/her agreement concerning the content of these GCS does not require the handwritten signature of this document, insofar as the Customer wishes to order online the Products presented in the Site's shop. The Customer declares to have the capacity to conclude the present contract, i.e. to be of legal majority, eighteen (18) years old, and not to be under guardianship. The parties agree that their relations will be exclusively governed by these GCS.

Carbon 12 reserves the right to adapt or modify these GTC at any time. It is agreed that in the event of any modification, the version of the GTC applicable to any Order or Pre-Order shall be the one appearing online on the Site on the day the Order is placed.

These general terms and conditions of sale (hereinafter referred to as "the GCS") apply to any order placed on the website www.momenmomen.co (the "site") relating to the purchase of products presented on the site (hereinafter referred to as "the products"). The Carbon 12 Company reserves the right to adapt or modify these Terms and Conditions of Sale at any time, the version of the Terms and Conditions of Sale applicable to any transaction being the one appearing online on the www.momenmomen.co website at the time of the order.

Any order taken for a product appearing in the online shop of the website www.momenmomen.co implies prior consultation of these general conditions and their unreserved and irrevocable acceptance. Consequently, the consumer acknowledges being perfectly informed of the fact that his agreement concerning the contents of the present general conditions of sale does not require the handwritten signature of this document, insofar as the customer wishes to order on line the products presented within the framework of the shop of the site. The consumer declares to have the capacity to conclude this contract, i.e. to be of legal majority, eighteen (18) years old, and not to be under guardianship.

In accordance with Article L. 111-1 of the Consumer Code, Carbon 12 presents on the Site the Products for sale and their characteristics. The Customer has the opportunity to know, before taking a final order, the essential characteristics of the Products he wishes to buy.

The offers in stock presented on the Site are valid only within the limits of available stocks. Pre-order offers presented by the company Carbon 12 are valid only within the limit of time available and the quantity offered for pre-order.

The Products offered for sale are those presented on the Site on the day the Customer consults the Site. Product availability indications are automatically updated in real time. However, any error in the update, regardless of its origin, shall not engage the responsibility of Carbon 12. As such, Carbon 12 shall not be held liable for the cancellation of an Order for a Product due to the exhaustion of stocks. In the event of unavailability of a Product, after placing an Order, the Customer shall be informed by e-mail and the Order shall be automatically cancelled.

Any claim by the customer regarding the order or delivery of an unavailable item will be considered unfounded.

Carbon 12 strives to describe the products offered for sale as accurately as possible. However, if errors may have occurred in this presentation, Carbon 12 cannot be held liable. The illustrations and photos of the products in support of the text do not fall within the scope of the contract. Under no circumstances can Carbon 12 be held liable on the basis of the photos.

3. PRIZE

The prices indicated on the website www.momenmomen.co are in euros, including VAT (all taxes included) and are valid only on the date of validation of the order by the customer. Carbon 12 reserves the right to change them without notice, it being understood that the billing of products will be based on the rates in effect at the time of registration of the order.

VAT is applied at the rate in force in metropolitan France at the time of the order. Any change of rate would be applied immediately on the current order.

The prices of the products are exclusive of delivery charges, invoiced in addition and indicated before the validation of the order. These will be brought to the attention of the buyer on the summary screen before final validation of the order.

However, the establishment of the order depends on the geographical area of delivery:

• For deliveries in metropolitan France and in countries belonging to the European Union, the order will be established including all taxes.
• For deliveries in the DOM TOM AND OUTSIDE THE EUROPEAN UNION, the order will be established automatically without tax. Customs duties, other local taxes, import duties or state taxes may be payable upon entry into the country. These duties are not the responsibility of Carbon 12. These costs are the responsibility of the Customer both in terms of declarations and payments to the competent authorities of the country concerned. It is recommended that the Customer carry out the necessary checks and procedures before finalising the order.

Products remain the property of Carbon 12 until full payment is received.

4. ORDERING AND PRE-ORDERING

Any order or pre-order will be confirmed when the Customer clicks on the "buy now" or "proceed to payment" button.

Confirmation of the Order or Pre-Order implies acceptance by the Customer of the GCS and the essential characteristics of the Products.

As soon as the Order or Pre-Order is recorded, an email confirmation summarizing the Order (products, price, product availability, quantity, etc.) shall be sent to the Customer by Carbon 12. To this end, the Customer formally accepts the use of email for the confirmation by Carbon 12 of the content of its Order. In any event, invoices shall be submitted upon delivery.

In the event of a Pre-Order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the French Civil Code.

If the minimum objective of a Pre-Order campaign is not reached, Carbon 12 shall contact the Customer at the end of the campaign to announce its decision to reimburse or produce.

In this case, Carbon 12 shall reimburse the Customer within fourteen (14) days of the cancellation of the Pre-Order.

If the Product is in stock, the Order will be executed. In the event of unavailability of the Product ordered, in particular due to suppliers, the Customer will be informed as soon as possible and will have the possibility to cancel the Order. The Customer will then have the choice to request an exchange of the Product within fifteen (15) days at the latest after receipt or to be reimbursed.

Refunds will be made within fourteen (14) days following the cancellation of the Order at the latest.

5. DELIVERY

Delivery shall be made to the delivery address indicated by the Customer, it being specified that this must be the Customer's residential address or the address of any other natural person of his choice, if this is clearly specified at the time of the Order or Pre-Order. Delivery may not be made to hotels or post office boxes.
When registering the Customer's personal details, the Customer must ensure the accuracy and completeness of the mandatory data he or she provides. In the event of an error in the wording of the recipient's contact details, Carbon 12 shall not be held liable for the impossibility of delivering the Product(s).

Delivery times are indicated at the time of the Order. These are indicative times, expressed in working days and corresponding to the average processing and delivery times.

The Customer acknowledges that, in the event of a Pre-Order, the delivery time will be extended. The estimated delivery time appears on the product sheet at the time of purchase, and in the order confirmation email. The delivery time depends on the time required and the production volume of all the products pre-ordered.

Carbon 12 cannot be held responsible for the consequences due to a delay in delivery not caused by Carbon 12 or due to an act of God.

Delivery is deemed to have taken place as soon as the Products have been handed over to the Customer by the carrier, as evidenced by the control system used by the carrier.
On receipt of the Products, the Customer must check the condition of the packaging and report any damage to the carrier on the delivery note, and to Carbon 12, within three (3) days by sending an e-mail to [email protected].

Delivery charges outside the "point relais" are payable by the Customer in France and worldwide. Carbon 12 will cover the cost of returns (except in the case of exceptional promotions) in the event of retraction or return for lack of conformity, except when the delivery address is not located in France. We will take care of return shipping costs if necessary in France, but our international customers are responsible for these costs, except in the case of product non-conformity, in which case we will take care of return shipping costs.

6. LEGAL GUARANTEE

The products sold benefit from the legal guarantee of conformity provided by articles 211-4 and following of the consumer code and the guarantee of hidden defects (articles 1641 and following of the civil code). These guarantees cover hidden defects and apparent defects from the date of delivery. The only obligation incumbent on Carbon 12 under this warranty is, at its option, the free replacement or repair of products recognized as defective without further service or compensation.

This warranty does not cover damage resulting from misuse of the product, normal wear and tear due to its use, or failure to follow washing and care instructions. To be able to benefit from the guarantee of the products it is imperative to keep the purchase invoice of the product as well as the delivery note.

7. RIGHT OF RETRACTION

The buyer has a period of 14 days to exercise his right of withdrawal. Within 14 days from the date of receipt of the goods ordered, the buyer may therefore request the exchange or refund of the item(s) purchased.

Beyond the 14-day period, Carbon 12 shall be free to refuse the exchange, credit or refund.

The Buyer must inform Carbon 12 of its wish to withdraw within 14 days of receipt of its order.

Carbon will then send an email acknowledging receipt of the withdrawal.

The buyer returns the product(s) and the return slip duly completed by registered or tracked parcel to the following address: CARBON 12, 970 Rue nationale, 69400 Villefranche-sur-Saône
FRANCE - within 14 days after having informed his wish to retract.

8. EXCHANGE
The exchange is made for the same item of a different size or color if the amount is the same and within the limit of stock availability. The exchange shall be processed within a maximum period of 14 days from the date on which Carbon 12 is informed of the customer's decision to withdraw, provided that the product is returned in perfect condition, unworn and properly folded.

Return shipping is free of charge. However, the customer shall bear the cost of re-delivery.

9. REFUNDS

If the Customer opts for a refund, Carbon 12 shall reimburse the Customer for the price of the product(s) and delivery costs within a maximum period of 14 days from the date Carbon 12 is informed of the Customer's decision to withdraw, provided that the product is returned in perfect condition, unworn and properly folded. Reimbursement may be deferred until the products have been recovered or proof of shipment of the products by the customer. Refunds will be made using the same means of payment as that used for the order or pre-order are at our expense.

10. PRIVACY

All the personal information collected from the customer is necessary to process the order, its delivery and the establishment of the invoice.

This information may be disseminated by Carbon 12 to its contractual partners in connection with the completion of the order, in particular to ensure the transport of products ordered.

Carbon 12 undertakes to protect this data which concerns the customer. In accordance with the French law "Informatique et Libertés" of 6/01/1978, amended by the law of 6 August 2004, Carbon 12 has made a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL) registered under No. 1330043, concerning the processing of this personal information.

In accordance with article 34 of the same law, the customer has the right to access, modify, rectify and delete data concerning him/her. In this case, the customer will be able to modify his personal information directly in the section "My account" on the site www.momenmomen.co.

When creating a customer account on the www.momenmomen.co website, Carbon 12. also offers the possibility to receive by e-mail, via the "Newsletter Momen", information on events, news, etc. The customer may decide, at any time, to no longer receive this "Newsletter" by unsubscribing via the unsubscribe link included at the bottom of the e-mail.

11. RESPONSIBILITIES

Carbon 12 shall not be liable for any events, inconveniences or damages inherent to the use of the Internet network, in particular in the event of service interruption, external intrusion or the presence of computer viruses.

Furthermore, Carbon 12 shall not be held liable for breach of contract in the event of fortuitous circumstances, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communications, flooding, fire. Carbon 12 shall not incur any liability for any indirect damages as a result of the present, operating loss, loss of profit, damages or costs, which may arise.

12. ATTRIBUTION OF COMPETENCE

The present general conditions of sale are subject to French law. Any dispute that has not been settled amicably will be subject to the exclusive jurisdiction of the competent courts of Lyon or to the jurisdiction of the place of actual delivery of the customer's order.

13. CUSTOMER SERVICE AND KNOWLEDGE

You can contact Customer Service free of charge by e-mail for any questions regarding your order, shipping and tracking:

• By e-mail to : [email protected]
• By mail: CARBON 12, 61 Rue François Genin 69005 Lyon

14. INTELLECTUAL PROPERTY RIGHTS

The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Carbon 12.

No assignment of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods is strictly prohibited.