Terms of use

Moobo is a company that supplies spare parts and is not affiliated with Philips, Free, Ikea, Sonos, Thermomix.

IKEA is a registered trademark owned by INTER-IKEA SYSTEMS BV
Sonos is a registered trademark owned by Sonos, Inc.
Freebox is a registered trademark belonging to Free SAS.
Thermomix is ​​a registered trademark owned by Vorwerk International AG.

Definitions

Moobo: SAS Moobo, whose head office is located at 14 rue Gustave Eiffel, 49430 Durtal, registered with the Angers RCS under number 983127838, with a share capital of 1000 euros.
Customer: the party with whom Moobo has entered into a contract.
Parties: Moobo and the customer collectively.
Consumer: an individual customer acting for private purposes.

Applicability

These terms and conditions will apply to all offers, activities, orders, agreements and deliveries of services or products by or on behalf of Moobo.
The parties may only deviate from these conditions if they have expressly accepted them in writing.
The parties expressly exclude the applicability of additional and/or deviating general conditions of the customer or third parties.

Price

All prices used by Moobo are in Euros, include VAT and exclude any other costs such as administrative costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
Moobo reserves the right to adjust any prices for its products or services, whether displayed in its online store, on its website or otherwise, at any time.
Increases in prices and products or their parts, which Moobo could not foresee at the time of submitting the offer or concluding the contract, may result in price adjustments.
If the order is shipped to a country outside mainland France, overseas territories and the European Union, the customer is the importer of the products concerned. In this case, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes may need to be paid to the carrier upon delivery of the order. These rights and amounts do not concern Moobo. They will be the responsibility of the customer and will be his sole responsibility in terms of declarations and payments to the competent authorities of his country.

Payments and payment terms

Moobo reserves the right to condition delivery on immediate payment or to require adequate security for the total amount of the services or products.

Intellectual property

All texts, comments, works, illustrations and images reproduced on the Moobo site are reserved under copyright and intellectual property rights for the entire world. Only private use is authorized in accordance with the provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under intellectual property law, unless prior authorization from Moobo. Any total or partial reproduction of the Moobo catalog is strictly prohibited. Moobo takes no responsibility for images provided by customers for personalized products. It is the customer's responsibility to ensure that they have the necessary copyright or author permission before submitting an image to Moobo.

Delivery

Delivery is within the limits of available stocks.
Delivery of products ordered online is made to the address indicated by the customer.

delivery time

Any delivery time indicated by Moobo is indicative and does not grant the customer the right of termination or compensation in the event of non-compliance with this time, unless otherwise expressly agreed in writing between the parties.
Delivery begins once the customer has fully completed the online ordering process and received electronic confirmation of their order from Moobo.
Exceeding the specified delivery time does not automatically entitle the customer to compensation or termination of the contract, unless Moobo is unable to deliver within a reasonable time, or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can be carried out in due time.
Transport costs
Transport costs are the responsibility of the customer, unless otherwise agreed by the parties.

Packaging and Shipping

If the package of a delivered product is opened or damaged, the customer must have a report made by the carrier or delivery person before accepting the delivery. Otherwise, Moobo cannot be held responsible for possible damage.

Guarantee

The product warranty applies only to defects caused by defects in manufacturing, construction or materials.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, modifications to the product, negligence or misuse on the part of the customer, or where the cause of the defect cannot be clearly established.
The risk of loss, damage or theft of products covered by an agreement between the parties will be transferred to the customer when these products are legally and/or actually delivered, or when they are the responsibility of the customer or a third party who receives the product for the benefit of the customer.

Right to retract

The Customer has, in accordance with the provisions of article L 221-18 of the Consumer Code, a withdrawal period of 14 days from receipt or collection of the products to return them to Moobo for a exchange or refund.
Except for personalized products. Each personalized product is made especially for each customer after confirmation of their order. In the event of an order for products whose manufacturing is carried out specifically, the Customer cannot request the cancellation of his order in accordance with article L 221–28 of the Consumer Code, which excludes the possibility for the Customer to take advantage of his right of withdrawal.
The consumer must notify their right of withdrawal by email on shop[@]moobo.fr. After receipt by the customer from our customer service department approving the return, the items must be returned to the following address: Moobo, 14 rue Gustave Eiffel, 49430 Durtal.

Exchange and return

Exchange or return is only possible if the following conditions are met:
the exchange or return takes place within 14 days following purchase upon presentation of the original invoice;
the product is returned in its original packaging;
the product has not been used and/or is in good condition;
the product is not a personalized product.

Return and/or refund costs

Return costs will be the sole responsibility of the Customer.
As part of a return and refund request. If your return is approved, we will issue a refund to your credit card (or original method of payment). We will only refund the price of the products. Shipping and return costs are the responsibility of the customer.

Complaints

The customer must examine a product or service provided by Moobo as soon as possible for possible deficiencies.
If a product or service delivered does not conform to what the customer can reasonably expect from the contract, the customer must inform Moobo as soon as possible, but in any case within 14 days of delivery of the product.
Consumers must notify Moobo within 14 days of delivery of defects.
The customer must provide as detailed a description of the deficiencies as possible so that Moobo can respond appropriately.
The customer must demonstrate that the complaint concerns an agreement between the parties.

Prior notice

The customer must send any formal notice to Moobo via shop[@]moobo.fr.

Liability of Moobo

Moobo is only liable for damage suffered by the customer if and to the extent that such damage is caused intentionally or through gross negligence.
If Moobo is liable for any damage, it is only liable for direct damages arising from or related to the execution of an agreement.
Moobo is never liable for indirect damages, such as consequential losses, loss of profit, loss of savings or damage caused to third parties.
If Moobo is responsible, its liability is limited to the amount paid by (professional) civil liability insurance taken out, and in the absence of (full) payment by a damage insurance company, the amount of liability is limited to the invoice to which the liability relates.
All images, photos, colors, designs, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to any compensation and/or (partial) dissolution of the contract and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from Moobo expires in any case within 12 months following the event from which liability arises directly or indirectly.

Termination

The customer has the right to terminate the contract if Moobo fails to fulfill its obligations attributably, unless this failure does not justify termination due to its special nature or minor importance.
If the performance of obligations by Moobo is not durable or temporarily impossible, termination can only take place in the event of default by Moobo.
Moobo has the right to terminate the contract with the customer if the customer does not fully or timely fulfill his obligations under the contract, or if the circumstances give Moobo good reason to fear that the customer will not be able to properly fulfill its obligations.

Force majeure

A failure of Moobo in the execution of any obligation towards the customer cannot be attributed to Moobo in any situation beyond the control of Moobo, when the execution of its obligations towards the customer is prevented in whole or in part or when the performance of its obligations cannot reasonably be required of Moobo.
Force majeure also applies - but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defects and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, Internet, computer or telecommunications disruptions; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work stoppages.
If a force majeure situation arises as a result of which Moobo cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Moobo can comply.
From the moment a force majeure situation has lasted at least 30 calendar days, both parties may terminate the contract in writing in whole or in part.
Moobo is not liable for any compensation (damage) in the event of force majeure, even if it has obtained advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the contract and before its implementation, it becomes necessary to modify or supplement its content, the parties will adapt the contract accordingly in a timely manner and by mutual agreement.

Changes to terms and conditions

Moobo reserves the right to modify or supplement these general conditions.
Minor changes may be made at any time.
Major changes to the content will be discussed in advance by Moobo with the customer as far as possible.
Consumers have the right to terminate the contract in the event of a substantial change in the general conditions.

Transfer of rights and ownership

The customer may not transfer his rights arising from an agreement with Moobo to third parties without the prior written consent of Moobo.
This provision applies as a clause having an effect on property law.
Moobo remains the owner of all delivered products until the customer has fully fulfilled all its payment obligations to Moobo under any agreement with Moobo, including claims regarding performance defects.
Until then, Moobo can invoke its retention of title and take back the goods.
Prior to the transfer of ownership to the customer, the customer may not pledge, sell, assign or otherwise encumber the products.
If Moobo invokes its retention of title, the contract will be terminated and Moobo will be entitled to claim compensation, loss of profits and interest.
Consequences of nullity or voidability
If one or more provisions of these terms and conditions are found to be void or voidable, this will not affect the other provisions of these terms and conditions.
A void or voidable provision will, in this case, be replaced by a provision closest to what Moobo had in mind when drafting the conditions on this issue.

Personal information

Moobo undertakes to maintain the confidentiality of all information provided by the customer to place their order. This information will be used by our services only for the processing of the customer's order and to personalize the communication and the cultural and product offer reserved for Moobo customers, in particular through the Moobo newsletters to which the customer has subscribed, as well as as part of the personalization of the site according to the customer's interests. However, when visiting Moobo from certain partner sites identified as such, data may exceptionally be communicated to third parties. If you do not wish this, please notify us via the addresses below. Consequently, in accordance with the Data Protection Act of January 6, 1978, you have a right of access, rectification and opposition to personal data concerning you. Please simply inform us by email to shop[@]moobo.fr.
Stored card details will never be shared with third parties and will only be used to process the customer's order, using our payment partner's systems. Moobo may ask for the customer's phone number. This number may be provided to carriers for delivery services. This information allows Moobo to process orders and inform the customer of the order status. Additionally, the Customer will be required to provide payment details and warrant that they are both valid and accurate and that the Customer is the person named in the billing information provided.

Applicable law and competent court

French law is exclusively applicable to all agreements between the parties.
The Angers court where Moobo is established has exclusive jurisdiction in the event of a dispute between the parties, unless otherwise provided by law.

Terms of use Moobo-design.com as of 06.05.2024