These Terms and Conditions of Sale and Use are entered into between:

SAS TONTON LUCIEN, a French simplified joint-stock company (Société par Actions Simplifiée) with a share capital of €3,000, whose registered office is located at 16 rue des Martyrs, 62400 Béthune, France, registered with the Arras Trade and Companies Register under number 839 680 717, hereinafter referred to as “SAS TONTON LUCIEN”

And any individual or legal entity wishing to make a purchase via the website www.molleni.com, hereinafter referred to as the “customer”.

These Terms and Conditions apply to the sale of all items offered on the website www.molleni.com, hosted by Shopify Inc., whose registered office is located at 150 Elgin Street, 8th Floor, Ottawa, Ontario K2P 1L4, Canada.

These Terms and Conditions of Sale are intended to define the contractual relationship between SAS TONTON LUCIEN and the customer and the conditions applicable to all sales of Molleni products made through the online store accessible via the French and English versions of the website www.molleni.com.

Before placing an order electronically via the Internet, the customer declares that they have read these Terms and Conditions of Sale. Validation of an order therefore constitutes full and unconditional acceptance of these Terms and Conditions of Sale.

SAS TONTON LUCIEN reserves the right to amend these Terms and Conditions of Sale at any time in order to comply with new regulations or improve the use of its website. Consequently, the applicable Terms and Conditions shall be those in force on the date the customer places the order.

The products offered for sale are those displayed on the SAS TONTON LUCIEN website, www.molleni.com, subject to availability. The www.molleni.com online store offers tableware and decorative items made of earthenware, glass, pottery, wood and other materials, as well as, more generally, products relating to tableware and table decoration.

Items offered on the website are available while stocks last. Consequently, any claim by the customer relating to an order for an unavailable item shall be deemed null and unfounded.

SAS TONTON LUCIEN reserves the right to change its product range at any time. Each product is presented on the website with a description. This information complies with the requirements of the applicable laws and regulations, including Articles L.111-1 and L.112-1 of the French Consumer Code and the French Ministerial Order of 3 December 1987 relating to consumer information on prices. Photographs, graphics and descriptions of products offered for sale are provided for illustrative purposes only and shall not be binding upon SAS TONTON LUCIEN, including in the event of an obvious discrepancy between the characteristics of an item and its representation. Customers may obtain additional information by contacting SAS TONTON LUCIEN. The products presented on www.molleni.com are available for sale to Customers residing in countries that fully permit the importation of such products into their territory.

The prices displayed on the product pages of the online catalogue are stated in euros (€), inclusive of all taxes (VAT included), based on the VAT rate applicable on the date of the order. Any change in the applicable VAT rate may be reflected in the price of the products.

SAS TONTON LUCIEN reserves the right to change its prices at any time. However, the price displayed in the catalogue on the date the order is placed shall be the only price applicable to the customer. The prices shown do not include delivery charges, which are invoiced in addition to the price of the products purchased according to the total amount of the order.

The price inclusive of VAT of each item the customer wishes to purchase, together with the corresponding delivery charges, will be displayed when the customer places an order on www.molleni.com.

Shipping costs vary depending on the delivery destination and the total amount of the order. They are calculated automatically once the delivery address has been entered on the checkout page.

In accordance with Article L.221-11 of the French Consumer Code, upon delivery the customer will receive written confirmation of the price paid for each item, including a breakdown of the price of each item and the applicable delivery charges.

Orders placed on molleni.com may be made with or without creating a customer account. Customers who have created an account may log in during subsequent visits to view the status of their orders, update their profile information, and access other account features. They must log in using the username and password provided when their account was created.

SAS TONTON LUCIEN allows customers to order and pay for products securely via PayPal or by credit/debit card, including American Express, Apple Pay, Mastercard and Visa.

The customer selects the products they wish to order and adds them to their shopping cart, where quantities and product references may be amended if necessary.

The order validation process consists of four steps:

• entering the Customer’s information;
  
• selecting the shipping method;
  
• selecting the payment method;
  
• reviewing the order and providing final confirmation.
  

For card payments, the transaction is verified, stored and processed online by our partner, Stripe, located at 510 Townsend Street, San Francisco, CA 94103, USA. Transaction information and the customer’s payment card details are stored in a secure environment.

In the event of fraudulent use of a payment card, the customer may request cancellation of the card payment, in which case the amounts paid will be credited back or refunded. The cardholder shall not be held liable if the disputed payment is proven to have been made fraudulently, remotely and without physical use of the card.

To obtain reimbursement of a fraudulent debit and any related bank charges, the cardholder must dispute the transaction in writing with their bank within 70 days of the transaction, or within 120 days where provided for under the agreement with their bank. The amounts debited shall be refunded by the bank within a maximum period of one month following receipt of the cardholder’s written dispute. No fee may be charged to the cardholder for the reimbursement of such amounts.

Confirmation of an order constitutes acceptance of these Terms and Conditions of Sale, acknowledgement that the customer has read and fully understood them, and a waiver of the right to rely on their own terms and conditions of purchase.

Pursuant to Article 1369-4 of the French Civil Code, before finally validating the order, the customer will have the opportunity to review the details of the order and its total price and to correct any errors before confirming the order and thereby expressing their acceptance.

Once the customer has validated the order, SAS TONTON LUCIEN will acknowledge receipt thereof without delay by electronic means.

All information provided and the recorded confirmation shall constitute proof of the transaction. SAS TONTON LUCIEN will send confirmation of the order by email to the address provided by the customer when placing the order.

In accordance with Article L.121-1 of the French Consumer Code, SAS TONTON LUCIEN reserves the right to refuse any abnormal order, any order placed in bad faith, or any order from a customer with whom there is an existing dispute relating to payment for a previous order.

Customers wishing to contact SAS TONTON LUCIEN may do so using the following contact details:

• By post: SAS TONTON LUCIEN, 16 rue des Martyrs, 62400 Béthune, France
  
• By email: contact@molleni.com

SAS TONTON LUCIEN retains full ownership of the products sold until full payment of the purchase price, including all applicable charges and taxes, has been received.

Pursuant to Article L.221-18 of the French Consumer Code, the customer has a period of fourteen days from delivery of the order in which to exercise their right of withdrawal and return the product to the Seller for an exchange or refund, without penalty, with the exception of return shipping costs.

In such circumstances, the return shipping costs shall be borne by the customer and the carrier shall be selected by the customer.

Amounts paid for the returned item(s) will be refunded, depending on the original payment method, either by crediting the bank account associated with the payment card used for the purchase or by bank transfer.

Pursuant to Article L.221-2-4 of the French Consumer Code, any additional costs paid by the customer as a result of choosing a specific delivery method will not be refunded.

Orders are delivered to the address specified on the order form, provided that such address is within the agreed delivery area.

Orders are shipped using one of our carriers:

• UPS for home deliveries within Metropolitan France;
  
• Chronopost, through its Pickup delivery service, within Metropolitan France;
  
• UPS and UPS Express for international deliveries and deliveries to French overseas departments and territories.
  

Delivery times provided for each carrier are estimates only. If delivery takes more than thirty days from the date of the order, the sales contract may be cancelled and the Customer refunded.

SAS TONTON LUCIEN will provide the customer with the parcel tracking number by email.

The risks associated with transportation are borne by the customer from the moment the items leave the premises of SAS TONTON LUCIEN. The customer is required to inspect the condition of the packaging and its contents upon delivery in the presence of the postal or delivery representative. In the event of damage during transportation, any claim must be submitted to the carrier within three days of delivery.

In addition to Metropolitan France and the French overseas departments and territories, the countries to which orders may be delivered through molleni.com are those served by UPS.

Orders are prepared and dispatched on weekdays, excluding Saturdays, Sundays and public holidays.

Standard delivery times are calculated for orders placed before midnight.

For any special order, delivery times shall be those agreed between the customer and SAS TONTON LUCIEN.

Delivery times depend on the destination country and are provided for information purposes only from the date the order is dispatched. Such delivery times exclude any unforeseen event or force majeure event that may delay delivery for reasons beyond the control of SAS TONTON LUCIEN. They correspond to the estimated delivery times provided by our shipping provider.

For any delivery to a country or territory outside the European Union, unless expressly stated otherwise at the time of ordering, the prices and delivery charges indicated by Molleni do not include any customs duties, import taxes, local taxes or customs clearance charges applicable in the destination country.

Any such duties, taxes and charges shall be borne entirely by the customer and may be collected directly by the customs authorities, the carrier or any other intermediary responsible for customs clearance and delivery of the order.

It is the customer’s responsibility to obtain information, before placing an order, regarding the import regulations and any duties, taxes and charges applicable in the destination country. Molleni shall not be held responsible for the amount of such charges or for any delays resulting from customs formalities.

The customer’s refusal to pay applicable customs duties, taxes or import charges shall not constitute grounds for cancelling the order at Molleni’s expense. If the customer refuses delivery or fails to pay such amounts, resulting in the parcel being returned, any costs directly incurred as a result of the return and which may legally be charged to the customer may remain payable by the customer.

This provision is without prejudice to any rights enjoyed by the customer as a consumer under applicable law, including the right of withdrawal where applicable.

All products supplied by SAS TONTON LUCIEN are covered by the statutory warranty provided for under Articles 1641 et seq. of the French Civil Code.

The customer must ensure that the items delivered correspond to their order.

In the event that a product sold is not compliant, it may be returned to SAS TONTON LUCIEN, which will take back, exchange or refund the product.

Notwithstanding any specific warranty conditions applicable to the customer in connection with the item delivered, Molleni products are covered by the statutory warranties provided for under French law, in particular Articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code and Articles 1641 and 1648, first paragraph, of the French Civil Code.

All claims and requests for exchanges or refunds must be submitted either by email to support@molleni.com or by post to the following address: SAS TONTON LUCIEN, 16 rue des Martyrs, 62400 Béthune, France, within thirty days of delivery.

In the context of distance selling, SAS TONTON LUCIEN is subject only to a best-efforts obligation.

SAS TONTON LUCIEN shall under no circumstances be held liable for any damage resulting from the use of the Internet, including loss of data, intrusion, viruses, service interruptions or other unintended issues.

If, following delivery, an item is received broken or defective, the customer must contact SAS TONTON LUCIEN by email at support@molleni.com within 48 hours of receiving the order.

The customer must provide evidence of the condition of the order by attaching one or more digital photographs to the claim, together with the order details and the reference of the item to be replaced.

SAS TONTON LUCIEN will ship a replacement product to the customer at its own expense within the timeframes specified above.

If the item is no longer available, a refund will be issued to the customer’s payment card or by bank cheque within 24 hours of receipt of the claim.

In the event of an exchange, the original sale shall be cancelled. Payment for the new order shall be offset against the amount of the previous sale, it being understood that any excess amount paid shall be refunded, credited to the customer’s account or credited back to the customer’s payment card.

SAS TONTON LUCIEN reserves the right to refuse an exchange after two (2) successive exchange requests.

All elements of the molleni.com website, as well as the “Molleni” trademark, are and shall remain the exclusive intellectual property of SAS TONTON LUCIEN.

No person is authorised to reproduce, exploit or use, for any purpose whatsoever, even in part, any element of the website, including photographs, logos, illustrations, images, visual materials or text.

Any total or partial reproduction, modification or use of the Molleni trademark or any element of the www.molleni.com website, for any purpose or on any medium whatsoever, without the express prior consent of SAS TONTON LUCIEN, is strictly prohibited. The same applies to all copyrights, designs, models and patents owned by SAS TONTON LUCIEN.

Any user operating a professional or personal website who wishes to include, for personal use, a simple link from their website directly to any page of www.molleni.com must first obtain authorisation from SAS TONTON LUCIEN.

Acceptance of such a link by SAS TONTON LUCIEN shall, in such circumstances, give rise to an implicit affiliation agreement. In all cases, any link, even where tacitly authorised, must be removed upon request by SAS TONTON LUCIEN.

SAS TONTON LUCIEN undertakes to preserve the confidentiality of the information provided by the customer in connection with the use of certain services.

All personal information relating to the customer is subject to the provisions of French Law No. 78-17 of 6 January 1978 and EU Regulation 2016/679, applicable since 25 May 2018.

Accordingly, users have the right to access, obtain, rectify, amend, object to the processing of, erase and delete their personal data.

Such requests may be made at any time by email to contact@molleni.com or by post to:

SAS TONTON LUCIEN
16 rue des Martyrs
62400 Béthune
France

These Terms and Conditions governing distance sales are subject to French law.

Any dispute or legal proceedings shall fall within the jurisdiction of the competent court, namely the Commercial Court of Arras, France.

The performance by SAS TONTON LUCIEN of all or part of its obligations shall be suspended in the event of an unforeseen event or force majeure event that prevents or delays such performance.

Such events include, without limitation, war, riots, insurrection, civil unrest, strikes, embargoes of any kind and supply difficulties affecting SAS TONTON LUCIEN.

SAS TONTON LUCIEN shall inform the customer of any such unforeseen event or force majeure event within eight (8) days of its occurrence.