Terms of Sales

ARTICLE 1 – Scope of application

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by Moonly which markets the MY MOONY brand (“The Seller”) to consumers and non-professional buyers (“The Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("The Products"):

– The MY MOONY belt

by immediate purchase or by placing an order or on the website (“on the website www.mymoony.fr”).

They specify in particular the conditions for immediate purchase, order placement, payment, and handover or delivery of Products ordered by Customers.

The customer acknowledges having the capacity required to contract and acquire the products offered on the Site.

The customer accepts that the information requested for the conclusion of the contract or that sent during its execution be transmitted electronically.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Seller's website https://www.mymoony.fr. The photographs and graphics presented are not contractual and cannot engage the liability of the Seller. The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.

Product offers are within the limits of available stocks.

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales on the internet or through other distribution and marketing channels.

These General Conditions of Sale are systematically communicated to any Customer prior to the immediate purchase or the placing of an order and will prevail, where applicable, over any other version or any other contradictory document.

The Customer declares to have read these General Conditions of Sale and to have accepted them before his immediate purchase or the placing of his order by checking the box provided for this purpose before the implementation of the online ordering procedure as well as the conditions general terms of use of the website https://www.mymoony.fr.

These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the date of the immediate purchase or the placing of the order.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (general data protection regulations) which came into force on May 25, 2018, the Customer has, at any time, a right of access , rectification, opposition, erasure and portability of all of their personal data by writing, by mail and providing proof of their identity, to Moonly, 19 rue des Huiliers, 57000 Metz.

Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.

The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website https://www.mymoony.fr.

ARTICLE 2 – Orders – Immediate purchases

It is up to the Customer to select on the website https://www.mymoony.fr the Products he wishes to order, according to the following terms:

– Online at https://www.mymoony.fr.

No order sent to Moonly by any other means, including by post or email, can be taken into account.

When placing your order, you must confirm it using the so-called “double-click” technique: after having selected and added products and/or services to your basket, you must:

check your basket and possibly correct its contents (example: identification and quantity of selected products, corresponding prices, delivery terms and costs);
validate your basket;
provide your contact details;
choose your delivery method;
accept the General Terms and Conditions and your obligation to pay for the order.

Contractual information is subject to confirmation at the latest when the order is validated by the Customer.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will only be considered final after confirmation of acceptance of the order by the Seller has been sent to the Customer by email and after receipt by the latter of the entire price -

For orders placed exclusively on the internet, an order is registered on the Service Provider's website when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates their order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Conditions of Sale and constitutes proof of the sales contract.

It is therefore up to the Customer to verify the accuracy of the order and to immediately report any errors.

Any order placed on the website https://www.mymoony.fr constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller 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.

Withdrawal period – Exclusions – The right of withdrawal is excluded for the products and services listed in article L.121-21-8 of the Consumer Code. You have a period of 28 days (i.e. 2x the legal period and one moon cycle) to withdraw following receipt of your order provided that the product has not been removed from the packaging.

ARTICLE 3 – Prices

The Products are supplied at the prices in force appearing in the Seller's price catalog, on the day of immediate purchase or registration of the order by the Seller. Prices are expressed in Euros, including tax. These prices are firm and cannot be revised during their period of validity, as indicated in the Seller's price catalog, the latter reserving the right, outside this period of validity, to modify the prices at any time.

For Products which are not collected by the Customer himself, the prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated in the price catalog of the Seller and calculated prior to the immediate purchase or the placing of the order. The payment requested from the Customer corresponds to the total amount of the sale, including these costs.

Fees for local taxes, customs duties, dock dues or customs clearance fees may be requested but their payment is the responsibility of the customer and is their sole responsibility.

An invoice is established by the Seller and given to the Customer upon collection or delivery of the Products ordered.

ARTICLE 4 – Payment conditions

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment method, according to the following terms:

– by bank cards: Visa, MasterCard, American Express, other credit cards;

Payment data is exchanged in encrypted mode using the Transport Layer Security (TLS) protocol.

Payments made by the Customer will only be considered final after actual collection of the sums due by the Seller.

In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel delivery of current orders placed by the Customer.

No additional costs, greater than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.

ARTICLE 5 – Delivery of products – Deliveries

The Products ordered or acquired by the Customer in the event of an immediate purchase will be delivered in mainland France, and in the countries indicated on the Site, to the address indicated by the Customer when purchasing or ordering.

It is the customer's responsibility to inquire with the local authority in his country about any limitations on the importation or use of the products or services he plans to order.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are communicated for informational purposes only. However, if the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the Customer's written request. under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.

The Customer is required to check the condition of the delivered products. He has a period of 48 hours from delivery to formulate in writing (postal mail, e-mail, fax) any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example damaged package already opened, etc.), with all relevant supporting documents (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Conditions of Sale.

The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.

ARTICLE 6 – Transfer of ownership – Transfer of risks

The transfer of ownership of the Seller's Products, for the benefit of the Customer, whether it is an immediate purchase or an order, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 – Responsibility of the Seller – Guarantee

The Products offered for sale comply with the regulations in force in France and have performances compatible with non-professional uses.

Legal guarantees

The Products supplied by the Seller benefit automatically and without additional payment, in accordance with legal provisions,

– the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order or immediate purchase,

– the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

under the conditions and according to the modalities referred to in the box below.

It is recalled that as part of the legal guarantee of conformity, the Customer: benefits from a period of two years from delivery of the goods to take action against the Seller; can choose between repair or replacement of the goods Product ordered, subject to the cost conditions provided for by article L 217-9 of the Consumer Code; is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product , except for second-hand goods, the period of which is extended to six months (art. 217-7 of the Consumer Code) The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product. The Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between repairing or replacing the Product ordered.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the deadlines referred to above and return the defective Products in the condition in which they were received with all elements (accessories, packaging, instructions, etc.).

The battery which is part of the accessories purchased by the customer is excluded from the guarantee.

The Seller will replace Products under warranty deemed non-compliant or defective. In the event of delivery, shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.

Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's discovery of the lack of conformity or hidden defect.

Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

The Seller cannot be held liable in the following cases:

– non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,

– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The warranty does not cover:

– Damage due to abnormal use or use outside the scope of the initially intended use.

– Damage caused by negligence or accident.

– Damage caused by poor cleaning that does not comply with the instructions.

– Damage caused by immersion or rinsing of electronics

– Damage caused by an electrical storm.

– Unauthorized maintenance, any attempt to open, repair or modify a device.

– Never try to open the electronic box.

To trigger the warranty, contact your distributor's customer service who will register your complaint.

The Seller's warranty is, in any event, limited to the replacement or repair of non-compliant or defective Products.

To benefit from these commercial guarantees, it is imperative to keep the purchase invoice for the Product.

ARTICLE 8 – Intellectual property – Information technology and freedoms

8.1 – Intellectual property

The content of the website https://www.mymoony.fr/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

In addition, the Seller remains the owner of all intellectual property rights over the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) with a view to providing the Services to the Client. The Customer therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may condition it on financial compensation.

8.2 – Information technology and freedoms

In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the preparation of invoices, in particular.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the website https://www.mymoony.fr/ meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.

This right can be exercised under the conditions and according to the terms defined on the website https://www.mymoony.fr/.

Proof and archiving

The computerized records of MY MOONY will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless proven otherwise.

MY MOONY archives purchase orders and invoices on its servers (a copy can be provided to you on request upon payment of reproduction costs).

ARTICLE 9 – Unpredictability

In the event of a change in unforeseeable circumstances upon conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract. to its co-contractor.

ARTICLE 10 – Forced execution in kind

By way of derogation from the provisions of article 1221 of the Civil Code, the Parties agree that in the event of failure by one or the other of the Parties to fulfill its obligations, the Party victim of the failure may not request compulsory execution. .

The Party victim of the default may, in the event of non-performance of any of the obligations incumbent on the other Party, request the termination of the contract according to the terms defined in the article “Resolution of the contract”.

ARTICLE 11 – Exception of non-performance

It is recalled that in application of article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance. The suspension of execution will take effect immediately, upon receipt by the defaulting Party of the notification of breach which will have been sent to it for this purpose by the Party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting Party has not remedied the breach noted, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of sending.

This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform the obligations incumbent on it when due and that the consequences of this non-performance are sufficiently serious for the Party victim of the failure.

This option is used at the risk of the Party taking the initiative.

The suspension of performance will take effect immediately, upon receipt by the presumed defaulting Party of the notification of the intention to apply the exception of preventive non-performance until the presumed defaulting Party performs the obligation for which a future breach is manifest, notified by registered letter with request for acknowledgment of receipt or on any other durable written medium allowing proof of sending.

However, if the impediment were permanent or continued beyond 6 months from the observation of the impediment by registered letter, these presents would be purely and simply resolved according to the terms defined in the article Resolution for failure to comply with a party to its obligations.

ARTICLE 12 – Force majeure

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.

The Party noting the event must immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.

Performance of the obligation is suspended for the duration of the force majeure if it is temporary. Consequently, as soon as the cause for the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive, these will be purely and simply resolved according to the terms defined in the article “Resolution due to force majeure”.

ARTICLE 13 – Termination of the contract

13-1 – Resolution for non-performance of a sufficiently serious obligation

The Party victim of the default may, notwithstanding the Resolution clause for failure of a party to fulfill its obligations appearing below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify by letter registered with acknowledgment of receipt to the Defaulting Party, the faulty resolution of these presents, 30 days after a formal notice to perform remained unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.

13-2 – Resolution for force majeure

It is expressly agreed that the parties may terminate this contract as of right, without notice or formality.

13-3 – Provisions common to resolution cases

The services exchanged between the Parties since the conclusion of the contract and until its resolution can only be useful through the complete execution of it, they will give rise to full restitution.

In any event, the injured Party may seek legal action for damages.

ARTICLE 14 – Applicable law – Language

By express agreement between the parties, these General Conditions of Sale and the operations resulting from them are governed by and subject to French law.

These General Conditions of Sale are written in French.

In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

ARTICLE 15 – Disputes

All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consom. C. art. L 612-1) or with existing sectoral mediation bodies , or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

ARTICLE 16 – Pre-contractual information – Customer acceptance

The Customer acknowledges having been informed, prior to the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and understandable manner, of these General Conditions of Sale and of all the information listed in the article L.221-5 of the Consumer Code, and in particular the following information:

– the essential characteristics of the Product,

– the price of the Products and related costs (delivery, for example);

– in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver the Product,

– information relating to the identity of the Seller, his electronic contact details, and his activities, if they do not emerge from the context,

– information relating to legal and contractual guarantees and their implementation methods,

– the functionalities of the digital content and, where applicable, its interoperability,

– the possibility of resorting to conventional mediation in the event of a dispute.

The fact for a natural person (or legal entity) to make an immediate purchase or order a Product implies full and complete adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.


Article L217-4 of the Consumer Code

The Seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

– Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the Seller and possess the qualities that the latter presented to the buyer in the form of a sample or model present the qualities that a buyer can legitimately expect having regard to public declarations made by the Seller, by the producer or by his representative, in particular in advertising or labeling

– Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and which the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer requests from the Seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.

Article 1641 of the Civil Code

The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.

Article 1648 paragraph 1 of the Civil Code

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.