GENERAL TERMS AND CONDITIONS OF SALE AND RENTAL
General terms and conditions of sale
ARTICLE 1 - SCOPE OF APPLICATION
Any sale contracted by electronic means with our company on the site www.mumade.fr is subject to the present general conditions of sale. For any additional information, the customer can contact the Customer Relations Department at this email address: hello@mumade.fr
The site is reserved for consumers. The purchase of product(s) by a professional for resale is prohibited.
ARTICLE 2 - IDENTIFICATION OF THE BIDDER
Mumade Company
SIRET : 901 858 050
ARTICLE 3 - CONSUMER INFORMATION
In accordance with articles L 111-1 and L 113-3 of the French Consumer Code, the essential characteristics and prices of our products sold electronically are available on the website www.mumade.fr .
In addition, the customer receives the information provided for in Articles L 121-18 and L 121-19 of the Consumer Code, before and after the conclusion of the sale and in particular by these general conditions of sale which he declares to have read before validating his order and to which he has access from the site www.mumade.fr .
Photos of the items for sale on the site www.mumade.fr have no contractual value and may vary slightly from the items themselves.
ARTICLE 4 - PRICES AND CONDITIONS OF VALIDITY
The prices of the products sold on the www.mumade.fr website are indicated by article and reference and are inclusive of all taxes, excluding delivery costs. At the time of validation of the order, the price to be paid by the customer is the all-inclusive price, i.e. the sum of the price including all taxes of the articles which make up the order increased by the delivery costs according to the chosen delivery method. The telecommunication costs inherent to accessing the site remain at the customer's expense.
Products on sale on the site www.mumade.fr are available within the limits of available stocks. If one or more items ordered are no longer available, the customer will be informed by e-mail as soon as possible. The customer will then have the choice between keeping the rest of his order or cancelling it in full. If the customer's bank card has been debited, the refund of the sum concerned will be made by crediting the bank account corresponding to the bank card used for payment within 30 days at the latest.
Sale prices are valid on a selection of items shown on the e-shop, while stocks last.
ARTICLE 5 - STAGES IN THE CONCLUSION OF THE SALE
1- Enter the address www.mumade.fr
2- Add the items to your basket.
3- Fill in the order form.
4- Check the elements of your order, identify and correct any errors made during input.
5- Validate the order, the total price and the all-inclusive price, by clicking on "Payment", which implies the acceptance of Mumade's General Sales Conditions.
6- Choose the delivery method. Delivery costs vary according to the size and weight of the package and the delivery method chosen.
7- Follow the instructions to pay your Mumade order. Your bank account will be debited with the all-inclusive price including the total price of the items shipped and the delivery charges.
8- You will receive an electronic acknowledgement of receipt confirming your order.
9- You will receive your parcel at the delivery address you indicated when you placed your order.
When filling in the account opening form, communicating personal data, credit card number and related confidential data and validating the order, the customer is obliged to respect the present contractual conditions in application of article 1316-1 of the civil code.
Mumade may refuse to honour any order that is abnormal or abusive.
ARTICLE 6 - SECURE PAYMENT
The payment of the products is done by credit card (Eurocard, Visa, Carte Bleue, Mastercard).
In accordance with the provisions of article L 132-2 of the monetary and financial code, the commitment to pay by means of a payment card is irrevocable. By communicating his credit card number and the above-mentioned information, the customer authorizes Mumade to debit his credit card for the total amount including VAT of his order (including shipping costs).
To this end, the customer confirms that he/she is the holder of the bank card to be debited and that the name appearing on the bank card to be debited is his/her own, and then communicates the sixteen-digit number and the expiry date, appearing on the front of his/her bank card, as well as, if applicable, the visual cryptogram numbers appearing on the back of his/her bank card.
In order to bring an additional security to the online payment by credit card, this payment will benefit from the 3D secure program and, depending on your bank, from the double digital key.
The purpose of this programme is to combat fraud by asking the Internet user who wishes to make a payment on the Internet to identify himself at the time of payment by bank card on the cyber-merchant's site.
During the transaction, the cardholder is directed to a page of his or her bank and enters data that the bank can verify.
This security is materialised by the presence of the "Verified by VISA" or "MasterCard SecureCode" logos.
ARTICLE 7 - CHANGE OF ORDER
Once confirmed and accepted by Mumade, under the conditions described above, the order can neither be modified nor cancelled, except in the case of the exercise of the right of withdrawal or force majeure.
ARTICLE 8 - SHIPPING AND DELIVERY
Orders placed on www.mumade.fr are prepared within 48 to 72 hours unless the shop is closed and has informed its customers in advance. For example, the shop will be closed during the Christmas period. In this case, orders will be processed with an additional delay.
Mumade cannot be held responsible for losses, delays in delivery due to errors or disruptions attributable to La Poste, Chronopost, Mondial Relay or any other carrier.
In case of error in the wording of the delivery address by the customer, Mumade will not be held responsible for delays or non-delivery of products ordered. In this case, the costs incurred for the reshipment of the products will be charged to the customer.
Any order delivered outside of France may be subject to possible taxes and customs duties that will be imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of a product are the responsibility of the customer.
Each delivery is deemed to have been made as soon as the product is made available to the customer by the carrier, as evidenced by the delivery tracking system mentioned on the Post Office website.
If 5 working days after the parcel has been sent, the customer has no news of his/her order, he/she must contact the post office closest to the place of delivery or the carrier chosen at the time of the order. If neither the post office nor the delivery tracking system proposed on the Colissimo and Mondial Relay websites and mentioned above say they have any trace of the parcel, the customer must then contact the Mumade company through its Customer Relations Department, which will then open an investigation with the services of the Post Office or Mondial Relay. The final response time of the Post Office and Mondial Relay varies from one to three weeks from the time the file is taken into account.
The following are considered to be cases of force majeure that relieve Mumade of its obligation to deliver: war, riots, fire, flooding, strikes, accidents, the impossibility of being supplied...
In any case, the delivery of our products on time can only take place if our buyers are up to date with their obligations towards us.
It is the customer's responsibility to check the shipments upon arrival and to make any reservations and claims that would appear justified, or even to refuse the package, if it is likely to have been opened or if it bears obvious traces of deterioration. The said reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within 3 working days, not including public holidays, following the delivery of the products, a copy will be immediately sent to the Mumade company. Failure to file a claim within the said time limits will extinguish any action against the carrier in accordance with the provisions of Article L 133-3 of the Commercial Code.
The customer must ensure that the items delivered to him correspond to his order. In the event that the articles delivered do not conform in kind or quality to the specifications indicated in the delivery order, the customer must inform by email the Customer Service of Mumade: hello@mumade.fr and return the articles to the address and conditions provided in Article 9.
ARTICLE 9 - RETURN POLICY
In accordance with articles L 221-18 et seq. of the French Consumer Code, the customer has a cooling-off period of fourteen days from the date of delivery to reconsider his or her decision and return the item ordered without having to justify his or her reasons or pay penalties.
Mumade, in order to satisfy its customers, extends this right to change its mind to 30 days.
This means that the customer, once the goods are received, can change his mind and return the product within 30 days, postmarked. The delivery costs and return shipping costs remain at the expense of the customer.
In all cases, items must be returned in their original packaging, complete, labelled, new, unused, unwashed and accompanied by the delivery note to the following address
Mumade
27 rue de Chailla
64210 Bidart
Returned items that do not meet the conditions listed above (returned in their original packaging, complete, labelled, new, unused, unwashed, above) or that are damaged, deteriorated or soiled by the customer will not be refunded.
The risks of return are always borne by the customer. The customer is therefore strongly encouraged to return the package by any means that provides proof of shipment and giving it a certain date (registered mail with acknowledgement of receipt, colissimo, etc.). Otherwise, Mumade will not be able to process your return.
Once the goods have been received, checked and accepted by our services, Mumade will reimburse the customer for the price of the returned products within fourteen (14) days of receipt of the products.
This 30 day money back policy is only for products for sale and does not apply to rental. For rental, please refer to the CGL.
ARTICLE 10 - WARRANTY AND LIABILITY
Notwithstanding the specific conditions of guarantee given to the customer with the delivered article, the articles marketed on the site www.mumade.fr are subjected to the conditions of guarantee envisaged by the law.
Mumade cannot be held responsible:
- in the event of a breach of contractual obligations due to a fortuitous event or force majeure;
- in case of insubstantial differences between the photos, texts and illustrations of the articles on our website and the articles ordered.
If the buoy is damaged (pierced buoy, deflating buoy, visible or invisible crack). The warranty policy that applies is as follows:
If the product was bought less than 3 months ago (date of the order): in this case Mumade commits itself to exchange for free this part of the product and to send a new buoy.
If the product was ordered more than 3 months ago (date of the order): Mumade has no obligation to replace the buoy and the customer has the possibility to order this part via a link communicated by Mumade.
It is not possible to order the buoy component alone without the prior agreement of the Mumade company.
ARTICLE 11 - INTELLECTUAL PROPERTY RIGHTS
The brand "Mumade" is protected by the INPI, the illustrations, logos and slogans, drawings and models appearing on the site are and will remain the exclusive property of Mumade. Any total or partial reproduction, without the express and prior agreement of Mumade, is strictly forbidden in application of articles L 335-2 and L 335-3 of the intellectual property code and constitutes an infringement and a crime.
ARTICLE 12 - APPLICABLE LAW
The present general conditions of sale and the commercial relationship between Mumade and the customer are governed by French law. Any dispute relating to the commercial relationship between Mumade and the customer will be subject to the jurisdiction of the French courts.
General Rental Conditions - Effective date: 01/01/2022
- SUBJECT
The present general conditions of rent apply without restriction nor reserves to the whole of the online rentals proposed by the company Mumade on the website www.mumade.fr (hereafter: " the Site ").
The Site is an e-commerce platform, dedicated to the sale and rental by individuals (hereinafter, the " Users ") of non-perishable consumer goods (hereinafter : " the Products ") (hereinafter, the " Services ").
The purpose of these terms and conditions is to define the terms and conditions of the online rental and
The present general rental conditions prevail over any other general or specific conditions not expressly approved by Mumade.
They may be supplemented, if necessary, by specific terms of use for certain services offered on the Site, which supplement these general terms and conditions and, in the event of contradiction, take precedence over them.
- CHARACTERISTICS OF THE PRODUCTS TO BE RENTED
Prior to any online order and in application of the provisions of article L111-1 of the French Consumer Code, the User may take note, on the Site, of the characteristics of each Product he/she wishes to order.
The Products are offered for rent online within the limits of available stocks, or subject to the possibility of ordering them if necessary. They are available for rental only to customers residing in metropolitan France and Corsica. Rental is not available for DOM TOM or foreign countries.
The User is informed and accepts that the Product ordered is rented as is, and that it may have been the object of previous rental(s) before being cleaned and reconditioned by Mumade. We undertake to wash and disinfect each item between rentals and follow a strict protocol.
The photographs and descriptions of the Products offered for rent online are as accurate as possible. They only commit Mumade for what is precisely indicated.
The User is however informed and accepts that the Product rented and delivered to the User may not correspond to the exact model of the Product photographed and presented on the Site when ordering.
- ORDER
It is the Customer's responsibility to select the products he/she wishes to rent on the website www.mumade.fr according to the following procedures:
On the Website, the Customer can :
- choose one or more types of Products:
"Liberty nursing pillow
"Cocoon nursing pillow
"Liberty nursing pillow and spare cover
"Cocoon nursing pillow and spare cover
- obtain details of the Products he/she has selected, by clicking on "see the product
- continue selecting Products by clicking on "rent or buy other items" and add other products to the basket to buy or rent
- complete its selection of Products and order these Products by clicking on "order".
In order to order the Products he/she has chosen, after clicking on "order", the Customer must create an account or he/she must identify himself/herself if he/she has already created an account. If the Customer has to create an account, he/she must accurately fill in the form provided, on which he/she must include the information necessary for his/her identification and in particular his/her surname, first name, delivery address and billing address. In addition, the Customer must provide his/her e-mail address and a password of his/her choice, which will be personal and confidential and which he/she will need to identify him/herself later on the Site. The Customer is informed and accepts that entering these two identifiers is proof of his/her identity and demonstrates his/her consent. The Customer has the possibility to check the details of his order and to correct any errors before confirming his acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately.
Registering an order on the website www.mumade.fr is completed when the Customer accepts these GTC/GCG/GLP by ticking the box provided for this purpose and validates his order. This validation implies the acceptance of the entirety of these GTC/GCG as well as the general conditions of use of the website www.mumade.fr .
The rental is only definitive after Mumade has sent the Client confirmation of the acceptance of the order by e-mail, which must be sent without delay and after the Client has paid the first month's rental.
Any order placed, validated by the Customer and confirmed by Mumade, under the conditions and according to the methods described above, on the website www.mumade.fr constitutes the formation of a contract concluded at a distance between the Customer and Mumade.
In the absence of proof to the contrary, the data recorded in Mumade's computer system constitutes proof of all transactions concluded with the Customer.
Mumade reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the progress of his order on the website www.mumade.fr if he has created an account.
Change of order for rental
Once confirmed and accepted by Mumade, under the conditions described above, the order can neither be modified nor cancelled, except in the case of the exercise of the right of withdrawal or force majeure.
Customer space
The Customer will have the obligation to create on the website www.mumade.fr, his strictly personal Customer space to which he will have access on computer, tablet or mobile allowing him :
- Track your order,
- Managing and terminating your tenancy
- Check that the product has been received and that the rental has been completed
'4. DURATION OF THE LEASE
Each rental is taken out on a monthly basis and for an indefinite period, and takes effect on the date of the order.
The Customer has the right to terminate the lease after the second month.
The cancellation is validated once the product has been received and checked by Mumade.
To end the rental, the customer must go to his customer account, make a request to stop the subscription and then return the product in its original packaging using the return label that will be provided by mail.
As long as the subscription is not cancelled and the product is received and checked by Mumade, the subscription continues and the customer is charged each month of the amount due.
For more information, see paragraph 6
5.PAYMENT OF THE RENTAL
During the site visit www.mumade.fr when the customer has chosen the product he wants to rent and validated his cart, he is invited to pay the first month of the rental.
The Customer has been informed that the minimum rental period is two months.
The Customer pays the first monthly instalment on the website and by accepting the CGL, he agrees to be debited the following month. He will be obligatorily charged for the second month.
It is not possible to terminate the subscription before.
Each month, on the anniversary of the first payment corresponding to the first month of rental, the rental continues and the customer is charged the amount due for the rental.
From the second month of the rental period, the Customer may at any time request the termination of the subscription to end the rental period.
After 12 months, if the customer has not cancelled the subscription, the payments will automatically stop and the customer will be considered the owner of the rented items.
The Customer undertakes to inform the website www.mumade.fr in his customer area of any change in his bank details if the payment card used for the payment of the first monthly instalment expires or if the data concerning him changes.
- RETURN OF THE PRODUCT AT THE END OF THE RENTAL PERIOD
From the second month of the rental period, the Customer may at any time request the termination of the subscription to end the rental period.
If the Customer wishes to terminate the rental, he/she must go to his/her customer area, log in with the login details received when the account was created, and go to the rental tab.
The Customer can then click on cancel my subscription.
They will have to fill in a form with their name and e-mail address and can leave a message.
The customer will receive a pre-paid return form by e-mail, which must be printed and stuck to the packaging.
If the customer wishes to use another carrier than the one proposed by the Site, the return costs will be at his expense.
The customer must return the rented product in the original packaging no later than 7 working days before the anniversary date of the subscription, as evidenced by the postmark: if the first monthly payment was made on the 1st If the first monthly payment was made on 1 March, the product must be returned by 22 March at the latest).
The Mumade company undertakes to check and stop the subscription within 72 hours of receiving the product.
If the product arrives less than 7 working days before the anniversary date, the Customer agrees that the following month will be charged if the company has not had time to receive and check the product.
- DEPOSIT AND DAMAGED ITEMS
Mumade does not require a deposit to start the subscription.
However, if the rented items are returned damaged, several cases may arise and give rise to a payment penalty in the following form:
(1) the cover is damaged, stains are visible or there are holes
(2) the cushion is damaged, stains are visible, it has a hole or a puncture in the case of the buoy
(3) both (the cover and the interior) are damaged and cannot be repaired
In the case (1) and (2), after analysis of the product Mumade reserves the right to deduct an additional month or 19 euros for a Cocoon cushion and 25 euros for the Liberty cushion.
In the case (3), Mumade reserves the right to deduct two additional months (50€ for the Liberty cushion).
- OBLIGATIONS OF THE CLIENT
Users are solely responsible for the use they make of the Products. It is their responsibility to check the suitability of the Products for their specific needs before renting the Products.
They are furthermore informed and accept that the rented Product is not in new condition, and that it has been refurbished prior to its rental.
The Users furthermore undertake:
- to provide Mumade with valid information concerning their name, first name, postal address, email address, telephone number;
- not to seek any ownership of the Product;
- not to sublet the Product or assign their rights and obligations under these terms and conditions to a third party;
-to return the Product within the time limit specified on the Site at the time of the cancellation request, on pain of activation of the late penalties mentioned in article 6 ;
- to return the Product in a condition similar to that in which it was made available to them; the Product should be available for re-rental (see Article 7)
- to use the Product only for personal use and exclusively for the following purpose: bottle-feeding or breast-feeding a child under 10 kilos.
- The Customer undertakes to inform the website www.mumade.fr (in his customer area) of any change in his bank details if the payment card used for the payment of the first monthly instalment expires or if the data concerning him changes.
9. LEGAL GUARANTEES
The User benefits from the legal guarantees of non-conformity as well as hidden defects of the rented item, including the defects of conformity resulting from the packaging of the Products ordered on the Site.
If the User finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform Mumade, indicating the nature of the defect, non-conformity or damage found and sending any useful evidence, including in the form of photograph(s).
Mumade will organise the return with the carrier of its choice, and will inform the User by any useful means. Mumade will bear the costs of this return.
Mumade will proceed to the necessary verifications and will propose the replacement of the Product if possible. If the replacement of the Product is impossible, Mumade will reimburse the User the full price paid for the rental of the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which Mumade will have informed the User of the impossibility of replacing the Product.
If the buoy is damaged (pierced buoy, deflating buoy, visible or invisible crack). The warranty policy that applies is as follows:
If the product was rented less than 3 months ago (date of the order): in this case Mumade commits itself to exchange for free this part of the product and to send a new buoy.
The Products must be returned to Mumade in their original packaging. They must be accompanied by a copy of the corresponding rental invoice.
Returns of Products that do not comply with the terms and conditions described above will not be accepted.
