General terms and conditions of sale

INTRODUCTORY ARTICLE - DEFINITIONS

In the remainder of this document, the terms below shall have the following meanings:

"MAMA SHELTER": Société par Actions Simplifiée MAMA SHELTER, with a capital of 1 822 130 Euros, registered at the RCS of PARIS under the n° B 498 495 472 and whose Head Office is located in Paris (75011) 61, rue Servan in Paris (France), represented by SAS TOWN AND SHELTER, in its capacity of President, itself represented by its President, Mr Cédric GOBILLIARD - Intra-Community VAT N° of MAMA SHELTER: FR 83 498495472

"Order Confirmation": A dematerialised document sent by MAMA SHELTER to the Client at the end of the Order process and its validation by the Client via the Internet on the Website as defined below, confirming the registration by Mama Shelter of the Order made by the Client on the aforementioned Website, which can be reproduced on a durable medium by the Client and summarising the characteristics of the Products purchased by the Client, the terms and conditions, the dates and the delivery times.

"Sales contract": Online contract concluded by MAMA SHELTER and the Customer, following the validation of his Order of one or more Products offered on the Website and the reception by him of the Order Confirmation. 

"Customer": A natural person of full legal age with full legal capacity at the time of subscription of the sales contract or a legal entity duly represented by a natural person with the capacity and legal capacity to represent it.

"electronic mail" means any message, in the form of text, voice, sound or image, sent over a public communications network, stored on a server on the network or in the recipient's terminal equipment, until retrieved by the recipient. 

Sales Order" shall mean the process carried out by the client on line by clicking on "Sales Order" on the Website. This process consists of selecting the Products, selecting the quantities required, selecting the shipping method, and then confirming the Sales Order by clicking on the "Sales Order" button on the bottom right-hand side of the page. 

 "Products": Various products marketed by MAMA SHELTER, on the Website, in particular, under the headings "gifts", "high-tech", "beauty", "fashion", "children" "by Mama", "novelties", this list being non-exhaustive. The essential characteristics of these Products, in accordance with the provisions of Article L. 111-1 of the French Consumer Code, are displayed as soon as the Customer clicks on the Product chosen from the Website.

 "Website": electronic service operated by MAMA SHELTER on the Internet network and accessible at the URL address https://mamalovesyou.com/ or www.mamalovesyou.com from a fixed or mobile terminal.

ARTICLE 1 - SCOPE OF APPLICATION

1.1 Scope

1.1.1 These General Terms and Conditions of Sale apply, without restriction or reservation, to all Products offered on the Website by MAMA SHELTER operating the Website for the purpose of marketing the Products.

1.1.2. These General Terms and Conditions apply to all Order and sale operations defined above carried out by the Customer.

 

1.2 Territory

Unless specifically excluded on the Product sheet, the Products appearing on the Website are deliverable worldwide.

For the articles of Bedding, the delivery will be possible only :

  • in metropolitan France, Corsica, Belgium, Luxembourg and Monaco for bed bases, mattresses and mattress toppers;

in France and Corsica for duvets and pillows.

1.3 Duration

1.3.1. The present General Terms and Conditions apply for the entire duration of the marketing of the Products online on the Website by MAMA SHELTER.

1.3.2. MAMA SHELTER reserves the right, without notice or compensation, to temporarily or permanently close the Website or the online sales area of the Products.

1.3.3. MAMA SHELTER shall not be liable for damages of any kind that may result from the temporary unavailability or permanent closure of all or part of the website or the marketing services for the Products associated therewith, such as the possibility of placing an Order. 

1.3.4. MAMA SHELTER reserves the right to adapt or modify at any time these General Terms and Conditions of Sale. In the event of modification, will be applied to each Order the general terms and conditions of sale in force at the time of the validation of the Order and its recording by the acknowledgement of receipt.

1.4 Legal regime

1.4.1. These General Terms and Conditions of Sale are subject to the provisions of Articles L. 221-1 et seq. of the French Consumer Code.

1.4.2. Any Order, with a view to the purchase of the Products defined above, placed on the Website is subject to these General Terms and Conditions of Sale.

1.5. Subject 

1.5.1. The present General Conditions of Sale define the rights and obligations of the parties within the framework of the Order of the Products offered by MAMA SHELTER on the Web Site.

1.5.2 They govern all the steps necessary for the realization and follow-up of the Order, its maintenance and validity, the process of purchase of the Product or Products concerned chosen by the Customer, the payment of the related price, and the conditions of delivery of the Product or Products sold to the Customer by MAMA SHELTER. 

ARTICLE 2 - CUSTOMER CAPACITY AND ACCEPTANCE

2.1. Any Customer acknowledges having the capacity to contract under the conditions described in the General Terms and Conditions of Sale set out below, i.e. having reached the age of legal majority and not being under guardianship or curatorship. In the case of a Customer that is a legal entity, the natural person representing it must have the capacity to act, to use the corresponding means of payment in the name of the legal entity and full capacity as indicated above.

2.2. The Customer acknowledges that these General Terms and Conditions of Sale are presented to him prior to the validation of his Order. 

2.3. The Customer accepts that the General Terms and Conditions of Sale, the contractual documents informing him of the essential characteristics of each of the Products and related prices, as well as the Order forms. The terms and conditions of the Order shall be presented to him online on the Website for the purpose of concluding the Sales Contract relating to the Products ordered by him.

2.4. The Customer declares to have obtained from MAMA SHELTER all the necessary information on the Website.

2.5. The Customer acknowledges having read these General Terms and Conditions of Sale prior to their acceptance and having freely accepted all the terms prior to the validation of his Order. 

2.6. Any validation of the Order online from the Website by the Customer requires prior acceptance of these General Terms and Conditions of Sale.

2.7. The Customer's agreement to the present General Terms and Conditions of Sale is given during the Order process, prior to the validation of his purchase by the necessary validation of the box reserved for this purpose indicating " I accept the general terms and conditions of sale». The Customer has the option of saving and editing these General Terms and Conditions of Sale from the Website using the standard functionalities of his browser and/or computer and/or mobile terminal, in particular under the "GCS" tab. 

2.8. Before placing an Order, the Customer has the possibility, if he/she wishes, to create an account on the Website where he/she has filled in his/her e-mail address, first name, last name, and desired delivery address, with the possibility to fill in a second billing address and to choose, if he/she wishes, to receive the newsletter from MAMA LOVES YOU and/or MAMA SHELTER.

2.9. The Customer expressly accepts that the entry of the required banking information, the acceptance of these General Terms and Conditions of Sale and the validation of the Order, take place online on the Website. Likewise, the Customer accepts that the action of clicking by the Customer on the "VALIDATE PAYMENT" button as stated in article 4.2.5.5, constitutes an electronic signature within the meaning of article 1367 of the Civil Code which has, between the parties, the same value as a handwritten signature.

ARTICLE 3 - WEBSITE CONTENT

3.1. The Website mentions the following information :

  • the precise identification of the Company MAMA SHELTER (company name, registered office, e-mail address, telephone number, VAT number);
  • the essential characteristics of the Products which are displayed as soon as the Customer clicks on the chosen Product, with, where applicable, one or more options to be selected (for example, size, colour, containers) and, in any case, a choice concerning the quantity of Products to be ordered ;
  • the effective availability of the Products in stock at the time of the Order, either according to the proposal of the default Product format, or according to the prior validation of other options than those displayed by default when the Customer consults the page. In the event of unavailability of the Product, an error message is displayed after the click to "add to basket" and obliges the Customer to return to the Order process previously in progress;
  • the prices of each of the Products ; 
  • the terms of payment ;
  • the General Terms and Conditions of Sale ;
  • where applicable, the effective availability of the promotional offer at the time of the Order;
  • where applicable, the minimum duration of the proposed contract ;
  • the existence of a right of withdrawal, the conditions for exercising it and the duration of exercise of this right,
  • where applicable, the terms and conditions for cancelling the Order;

 

3.2. All the information on the Website is presented in French as well as in English. 

ARTICLE 4 ORDER

4.1. Online Ordering Terms and Conditions

4.1.1. The Customer chooses the Products presented on the Website, which offers him the possibility to order one or more various Products of his choice, according to the contractual rates displayed on the page of each Product with or without options left to the Customer's free choice.

4.1.2. The Customer acknowledges having read the terms and conditions for Ordering the Products available on the Website and having requested and obtained the necessary and/or additional information to place his/her Order freely and with full knowledge of the facts.

4.1.3. The Customer is solely responsible for the choice of the Products and their suitability to its needs, so that the responsibility of MAMA SHELTER cannot be sought in this respect.

4.1.4. The Order shall be deemed to have been accepted by the Customer at the end of the Order process by clicking on the "VALIDATE PAYMENT" button in the event of payment by credit card on the last page of the Order process as described below.

4.2. Online Ordering Process

4.2.1. The Order shall be deemed to have been placed as soon as MAMA SHELTER has confirmed the Order, as set out in article 4.3.3, and subject to effective online payment by credit card under the conditions set out in article 4.2.4.

4.2.2. The Customer undertakes, prior to any Order, to complete the information requested and, in particular, that relating to his mandatory personal data marked with an asterisk upstream of the fields where this information is collected.

4.2.3. The Customer attests to the truthfulness and accuracy of the information transmitted.

4.2.4. The Order procedure, for which the collection of personal data is secured under the conditions of Article 11 below, includes the following steps, in particular, being specified,

  • that at the beginning of the Order process, the Customer is informed that payment by credit card or Paypal is obligatory and that delivery is limited to the territorial areas served by the service providers in charge of transporting the Products,
  • that it is always possible for the Customer to go back in the Order process by clicking on each of the steps described below and tabbed on the active page, or by clicking on "YOUR CART" or "NUMBER OF ITEMS IN YOUR CART" to modify the data and, more specifically, the number of items of each Product ordered with the possibility of deleting them: 

4.2.5.1. Step 1 - BASKET REVIEW 

This stage consists of the choice of Products: the Customer determines by clicking on the headings "bedding", "high-tech", "beauty", "fashion", "children" "by Mama", "novelties", this list being non-exhaustive, access to the pages relating to the Products offered for sale online;

This step is valid and can be declined regardless of the Product selected by the Customer by clicking on the chosen Product: the Customer determines the number of Products ordered, any applicable options (colour, size, etc...) and the possibility of clicking to "add to basket".

Each time a Product is added to the basket, the cumulative total of the Products is displayed with their respective quantities and prices plus the default shipping costs, as indicated in article 6.3.4, and showing a total of the Order in Euros. The client may choose to continue browsing the Web Site or complete the Sales Order by clicking on "SEE CART AND PASS TO THE CASH BOX". At the end of this stage, the Customer has the option of adding the "gift wrapping" option for the price of a lump sum, and can then continue the purchase process by clicking on "PROCEED TO PAY".

4.2.5.2 Step 2 (optional) - IDENTIFIER

This optional step consists of the Customer identifying himself as the author of the Order.

When creating a personal account, the Customer is required to complete certain fields (e-mail address, surname, first name, and password). He has the possibility to subscribe or not to the newsletter and to MAMA LOVES YOU offers.

Once the creation of the personal account has been completed, an e-mail confirming the creation of the account with a login and password is sent to the e-mail address provided by the Customer when creating his account.

4.2.5.3. Step 3 - DELIVERY ADDRESS INFORMATION

This step consists for the Customer to indicate his postal details. He also has the possibility of saving his details for a future order by ticking a box provided for this purpose. 

During this stage, the Customer may also fill in his "REDUCTION CODE", which he may hold, in the field reserved for this purpose.

To continue with the Order, the Customer must click on the "CONTINUE TO SHIP" button.

4.2.5.4. Step 4 - DELIVERY (SHIPPING COSTS)

This stage consists for the client to choose a different delivery method than the one indicated by default in the Sales Order and as indicated in article 6.3.4, according to the choices proposed and possible according to the destination, i.e. :

- So colissimo France and International - La Poste (excluding Bedding Products) ;

- Copirel (Bed bases, mattresses and mattress toppers only) ;

- DPD (Pillows and duvets only) 

The price list of each of the delivery services offered for the Products ordered and their supplier is indicated with the option for the client to choose the delivery method in the event that several choices are available.

The delivery time for the Products ordered is indicated according to the destination indicated for the place of delivery and corresponds to the choice of transport formula and carrier by the Customer. The delivery date and time indicated during the booking process is that of the carrier chosen by the Customer for the chosen destination and does not exceed 30 days except for deliveries of specific products (bedding). The delivery time can only be counted from the Order Confirmation and the good reception of the payment by MAMA SHELTER. 

The Customer must necessarily accept the present General Terms and Conditions of Sale as indicated in article 2.7, accessible on the Website before being able to proceed with his Order by clicking on the "PROCEED TO PAY" button, which enables him to display his Order with the summary of the Products as already displayed and known since Step 1, the delivery conditions of the chosen service provider, as chosen by the Customer during Step 4, the latter including possible variations proposed at the Customer's choice.

Depending on the delivery service provider validated by the Customer during Step 4, this delivery service provider may, by opening dedicated pages,

- request additional information to facilitate the delivery of the Order such as the door code of the building or building concerned,

- propose, if necessary, specific delivery terms and conditions at a location or following an appointment to be informed by the Customer,

- indicate the specific delivery times according to the destination and the options validated by the Customer.

In these cases, and according to the opening of the dedicated pages for the Customer's choice,

  • Each of these services systematically includes its essential characteristics and an indication of its particular or additional price compared to the price previously validated by the Customer during the online Order process,
  • this gives rise, if necessary, to additional entry by the Customer of information relating to delivery information and delivery methods until their separate validation by the Customer.

4.2.5.5. Step 5 - PAYMENT

Once the delivery conditions have been validated, the Customer arrives on the page dedicated to online payment.

Payment is exclusively made online by credit card or Paypal.

The Customer chooses his corresponding means of payment, accepted according to the online payment protocol, namely : Paypal, CB, VISA, or MasterCard, by clicking on the corresponding icon. If the Customer chooses to pay by CB, VISA, or MasterCard, he must then enter on the payment page secured by the Payplug service provider, the information relating to his bank card: Name of the cardholder, card number, expiry date and verification code. The payment can only be validated by the Customer once all this information has been entered. In any event, the payment is only validated by the Customer by clicking on the "Validate payment" button. The Customer may also choose not to proceed with the Order: the absence of a click will result in the Order not being finalised.

If necessary, depending on the protocols specific to the banking organisation to which the payment method used is attached, the Customer may be required to complete additional security codes.

At this stage, the Customer can choose to dissociate the delivery address from the billing address and then add a different billing address if necessary.

At the end of this step, the Customer must click on the "CHECK ORDER" button in order to "Revise your order": this step allows the Customer to check his contact details, delivery information and payment information and to validate or modify them if necessary.

Once the Customer has checked his Order, he must click on the "Confirm Payment" button to definitively validate his Order.

4.2.6. CUSTOMER ACCOUNT

4.2.6.1. At any time during the Order process, or even without placing an Order, the Customer may consult his Customer account, which he had the opportunity to create during his first Order as described in article 4.2.5.2.

4.2.6.2. In particular, the Customer can retrieve his "Order History" and also modify his personal data (addresses, personal information, etc.) under the "Account Details" section.  

4.2.7. ORDER FOLLOW-UP

For any question relating to the follow-up of his Order, the Customer may contact MAMA SHELTER's Customer Service via the contact form on the Web Site under the tab "CONTACT" where the references of his Orders are listed in a drop-down menu, or by email at the following address [email protected] or by telephone at 01 75 77 52 66.

4.3. Online Contract Formation

4.3.1. The online sales contract is formed only after the Customer has clicked on the "Confirm Payment" button, at the end of the Order process and its 5 steps described in 4.2.5 :

Failing this, the Order shall be deemed to be interrupted and shall have no effect.

4.3.2. The formation of the online sales contract, concerning the Products identified in the Order, takes place upon receipt of the Order by MAMA SHELTER, which gives rise to the sending of an Order Confirmation e-mail with a dedicated Order number as stated in article 4.3.3.

4.3.3. In all cases where the Order results in the formation of an online sales contract for the Products ordered, and without prejudice to the provisions of article 4.4, a summary e-mail confirming the Order and its number shall be sent to the Customer at the e-mail address indicated when filling in his/her details or when creating his/her personal account on the Web Site. This method of communicating the online sales contract is expressly accepted by the Customer. This e-mail constitutes the proof of the Order Confirmation which summarizes the terms of the sales contract, the Products purchased, their respective prices, if applicable, the discount coupons, the shipping costs, the total price of the Order, the date and time of delivery, the delivery service provider, the delivery address and the billing address, the information related to the after-sales service and to the commercial guarantees, if any, as well as the address of MAMA SHELTER where the Client may present his/her complaints.

4.4 Right of Withdrawal by the Customer : 

4.4.1. In accordance with article L. 221-18 of the French Consumer Code, the Customer has the right to cancel the Sales Order, without any reason or penalty, with the exception of the cost of re-shipping the Products concerned by the cancellation within 14 calendar days from the date of receipt of the Products that are the subject of the Sales Order.

It being specified that the right of withdrawal does not apply to the following goods:

- Products made according to your specifications or clearly personalized;

- Products which have been unsealed after delivery and which cannot be returned for reasons of hygiene or health protection;

It is specified that, for reasons of hygiene, pillows and duvets, can not be taken back and be the subject of the exercise of the right of withdrawal.

4.4.2. The exercise of the right of withdrawal by the Customer shall be carried out under the following conditions in order to be effective :

- the Customer completes the withdrawal form available HERE 

- the Customer attaches the duly completed and signed retraction form to his/her contact form on the Website under the "CONTACT" tab, or by e-mail to [email protected] as a .pdf attachment, within the period specified in article 4.4.1.

4.4.3. An e-mail confirming receipt of the withdrawal form is sent to the Customer, without prejudice to its possible ineffectiveness in cases where the conditions for exercising the right of withdrawal referred to in Article 4.4.2, and for the reshipment of the Products subject to withdrawal referred to in Articles 4.4.4 and 4.4.5 are not met.

4.4.4 In case of exercising the right of withdrawal as foreseen in article 4.4.1 and under the conditions foreseen in article 4.4.2, the Client must send back, by post, the Products which are the object of the right of withdrawal, the costs of sending back being at the charge of the client, to MAMA SHELTER PARIS WEST - ESHOP, 20 Avenue de la Porte de la Plaine (75015).

- in their original state,

- with the packaging in good condition (not torn or damaged),

- accompanied by a copy of the withdrawal form duly completed and signed, 

- without delay, as soon as he exercises his right of withdrawal and within a maximum period of 14 days following the exercise of his right of withdrawal.

Concerning the articles of bedding sent by Copirel (bed bases, mattresses and mattress toppers), the costs of return are of a fixed amount of 200 (two hundred) euros and are at the exclusive charge of the Client. If the Client wishes that MAMA SHELTER organizes the return of the products, he may contact the Customer Service (contact information in article 7.2 of the present GTC). In this case, the return costs will be deducted from the amount to be refunded to the Client.

4.4.5. The postmark of the reshipment of the Products by the Customer as indicated in article 4.4.4. is authentic.

4.4.6. In the event that the Customer exercises the right of withdrawal under the conditions of the present article 4.4, the Sales Price including all taxes, will be refunded by bank transfer to the account used for the payment of the Sales Order within a maximum period of 14 days as from the reception of the Products by MAMA SHELTER, with regard to the Products subject to the right of withdrawal including all taxes, as soon as MAMA SHELTER has recovered the said Products, under the conditions of respect by the Customer of articles 4.4.4 and 4.4.5.

4.4.7. In any event, the exercise of the right of withdrawal by the Customer may not have the effect or allow him to claim to be free from the application of the conditions provided for the receipt of delivery set out in Article 6.4. The exercise of the right of withdrawal means implementation in accordance with what the law confers on the Customer with respect to the online sales contract but not to denounce a possibly defective delivery.

4.5. Availability of Products :

4.5.1. The Products offered on the Website constitute the offer of said Products within the limits of available stocks. 

4.5.2. In the event that, during the Sales Order process, a Product(s) is (are) not available in stock, or at least not in the quantity or according to the options requested by the client (size, colour, etc...), an unavailability message will be displayed and the Sales Order cannot be finalized as far as the unavailable Product(s) is (are) concerned.

4.5.3. In the event that, at the end of the Sales Order process and at the time the Sales Order is processed by MAMA SHELTER, it should turn out that the Product(s) ordered is (are) no longer available in stock, a warning message will be sent to the Customer at the e-mail address he/she provided during the Sales Order process, offering, within 30 days following the payment received, either to deliver the Product(s) ordered, or to exchange it (them) with a similar Product at a similar price, or to reimburse it (them). In this case, it is up to the Customer to communicate his choice by replying to the e-mail sent to him for this purpose. If the Customer does not reply to the warning e-mail within 30 days following payment to express his choice, he will then be automatically refunded by crediting the bank account that issued the payment, up to the amount of the unavailable Product.

ARTICLE 5 -PRICES/PAYMENT

5.1. The prices of the Products are indicated before and during the Order process as indicated in article 4.2.5. Prices are valid in real time and are displayed as soon as the Customer consults a Product on the Website. The price of the Products ordered necessarily appears under the display "Number of items in my basket".

5.2. The prices of the Products are subject to value added tax (VAT) and are displayed in amounts including VAT at the rate in force at the time of the Order, in Euros, and are only valid at the time of the Order on the Website.

5.3. All Orders, regardless of their geographical origin, are payable in Euros as specified during the Order process, any exchange fees with the Customer's bank remaining at the Customer's expense.

5.4. Delivery rates are indicated during the Order process as specified in articles 4.2.5 and 6.3.4. In the event that several rates are available for delivery, they are displayed during the Order process in step 4 as indicated in 4.2.5.4.

5.5. The price of the Order, i.e. the price of the Products and their delivery, is communicated on the Website during the Order process. The price of the Order, including VAT, is indicated to the Customer before confirmation of the Order and before payment. The price of the Order is also confirmed in the Order Confirmation e-mail sent to the Customer as indicated in article 4.3.3 and on the invoice as indicated in article 6.3.9.

5.6. No discount or rebate will be applied by MAMA SHELTER for online payment prior to the envisaged delivery dates and conditions set out in these General Terms and Conditions of Sale.

5.7. MAMA SHELTER reserves the right to change prices at any time but the Products will be invoiced on the basis of the prices in force at the time the Order is placed. 

5.8. In the event of an erroneous price being displayed during the Order process, for whatever reason (computer bug, manual data entry error, technical incident), the Order (even the one that has been registered under the conditions of article 4.3.3) will be cancelled as soon as MAMA SHELTER discovers the incident. In this case, the Customer will be informed by sending an e-mail to the address he has given during the Order process or the creation of his Customer account. Once this information message has been sent, the Customer may, if he so wishes, place his Order again at the corrected and exact price.

5.9. The price of the Order is due upon completion of the Order process as indicated in article 4.2.5.5. The Products shall remain the property of MAMA SHELTER until the Customer has paid in full for the Order.

5.10. The payment of the price of the Order by the Customer is made under the conditions set out in article 4.2.5.5.

5.11. When paying by credit card, the Customer can check from his browser that the communication of banking data is made in a secure area. For payment security, the Customer is advised to ensure that the Payplug logo is displayed on the page for entering bank details, as this partner verifies that the connection with the Customer's browser is secure before sending his data.

5.12. The Payplug service provider, which is responsible for securing online payments by credit card, verifies the validity of the Customer's payment card. There may be a refusal of the payment card for various reasons such as stolen card, blocked card, ceiling reached, data entry error, etc... In case of difficulty or impediment, the Customer shall, on the one hand, get in touch with his bank to identify its origin, on the other hand, may contact MAMA SHELTER to notify the impossibility to proceed with the payment of his Order.

ARTICLE 6 - DELIVERY

6.1. Terms of delivery :

6.1.1. The delivery of the Products ordered takes place under the conditions chosen and validated by the Customer during the Order process as stated in article 4.2.5.4.

6.1.2. Depending on the destination, delivery is offered during the Order process through the services of the following providers:

- So Colissimo France and International (La Poste) ;

- Copirel (for bedding items in metropolitan France and Corsica, Belgium, Luxembourg and Monaco)

6.1.3. Delivery of the Order is only possible within the limits of the territories served by the service providers referred to in article 6.1.2.

6.1.4. For Bedding items (bed bases, mattresses, overlay mattresses), the Customer is offered the option of removing and discarding his old bedding if he so wishes (included in the delivery price), it being understood that the removal will be on the basis of a purchased bedding product (which excludes in particular sofas) removed. The Customer authorises COPIREL, the delivery service provider of the Bedding items, to contact him after delivery in order to carry out a satisfaction survey.

6.1.5. Delivery is made to the delivery address provided by the Customer during the Order process. The information provided by the Customer is binding on the Customer. In the event of an error on his part in the wording of his contact details or the place of delivery, resulting in the loss of the Products or the incurrence of new delivery costs, the Customer shall remain responsible for the payment of the said lost Products or for any additional costs caused by this error.

6.2. Delivery charges :

6.2.1. Delivery costs are borne by the Customer and are invoiced in addition to the sale price of the Products.

6.2.2. The shipping fees are communicated to the Client on the Sales Order summary page during Step 1 of the Sales Order process, during Step 4 of the Sales Order process according to the delivery options subscribed to by the Client, and in any case before the validation of the Sales Order by the Client at the end of the Sales Order process, and are expressed inclusive of all taxes. 

6.2.3. Customs and other charges in the country of arrival shall be borne by the consignee. When you order Products on the Website for delivery outside the European Union, you may be subject to obligations and import taxes that are levied when the Order reaches its destination. Any customs clearance costs will be at your sole expense; we have no control over these costs. Customs policies vary greatly from country to country, so you should contact your local customs office for more information. In addition, due to the special tax status of the DOM-COM, deliveries from mainland France to the DOM-COM are also subject to import taxes.

In addition, please note that when you place an order on the Website, you are considered the importer of record of the Products and you must comply with all laws and regulations of the countries in which you receive the Products.

Finally, as privacy is important to MAMA SHELTER, we would like to draw your attention to the fact that cross-border deliveries may be opened and inspected by customs authorities.

6.3. 6.3. Delivery times :

6.3.1. The delivery times indicated below are those generally observed for the shipping services likely to be offered during the Order process according to the various options:

- So Colissimo: 48h to 96h for France

- So Colissimo: variable delay for International. It is specified that delivery times for international deliveries are 30 days maximum within the limits of the territories referred to in article 6.1.3.

- Copirel (bed bases, mattresses, mattress toppers): 5 to 6 weeks. As soon as the products are ready for delivery, the carrier will contact the Customer to fix a precise date and time (time slot) for the delivery of the Product(s).

- DPD (duvets and ears): up to 8 days from the dispatch of the order

6.3.2. Delivery times are counted from the date of receipt of payment of the price of the Order, concern only working days and do not include Saturdays, Sundays and public holidays. 

6.3.3. For information, it is specified that the Orders are generally dispatched within 48 hours after receipt and good collection by MAMA SHELTER of the Customer's payment. 

6.3.4. By default and prior to the Customer's choice of delivery terms and times as described in article 4.2.5.4, the summary of the Order as described in article 4.2.5.1 proposes by default a transport rate corresponding to a standard shipping method proposed by the Service Provider La Poste "Colissimo suivi, remis sans signature". It is always possible for the Customer to modify the choice and terms of delivery and transport that suit him/her under the conditions of article 4.2.5.4 before the validation of his/her Order. Furthermore, if the Customer wishes to have the parcel delivered against signature, he can subscribe to this service directly during Step 4 as indicated in article 4.2.5.4, at the additional pricing conditions indicated by the service provider on its interface integrated into the Order process during Step 4. 

6.3.5. Regardless of the method of shipment chosen, MAMA SHELTER shall provide a link in the Order Confirmation e-mail, as provided for in article 4.3.3, which shall enable the online tracking of the progress of the Order's delivery.

6.3.6. Shipping costs include packaging, handling and postage. MAMA SHELTER advises its Customers to group their purchases in a single Order. The functionalities of online Ordering from the Website do not allow to group two distinct Orders so that the Customer would then have to pay the shipping costs for each of them. 

6.3.7. The package relating to the Order is sent to the Customer subject to the responsibility of the transport and delivery service provider, special care is taken with packages containing fragile Products.

6.3.8. MAMA SHELTER cannot be held responsible for the consequences due to a delay in delivery on the part of the carrier selected by the Customer resulting from an unforeseeable and irresistible fact.

6.3.9. Each Order shipment is accompanied by the invoice corresponding to the Customer's Order. 

6.4. Acceptance of delivery :

6.4.1. The Customer is required to check the conformity of the Products received in execution of his Order at the time of delivery. On this occasion, the Customer must check any package that is obviously damaged or deteriorated and refuse to accept delivery. Any anomaly concerning the delivery such as :

  • Package damaged,
  • Missing products,
  • Deteriorated products,
  • Products not in conformity with the Order,

must be notified within 48 hours following receipt of the Order to the Website's Customer Service Department under the conditions of article 4.2.7,. After this 48 hours deadline, and except hidden defect, no complaint will be accepted by MAMA SHELTER, the Products sent by MAMA SHELTER to the Customer being then considered as in conformity.

6.4.2. In any case, damaged or incomplete items will not be taken back by MAMA SHELTER and will be returned to the Customer in the state in which they would be sent back to MAMA SHELTER by the Customer.

6.4.3. Packages returned to MAMA SHELTER or to the carrier chosen by the Customer during the Order process, due to a lack of identification of the recipient or a lack of identification of the Order concerned, may be returned to the Customer, provided that 

  • that the customer manifests himself to MAMA SHELTER under the conditions of article 4.2.7,
  • that the package is identifiable
  • that the package is actually returned to MAMA SHELTER or in the hands of the said carrier,
  • that the Customer takes charge of this second shipment of the package.

6.4.4. Without prejudice to the implementation by the Customer of his legal right of retraction under the conditions set out in Article 4.4, perfumes and Beauty Products will not be exchanged or refunded.

6.4.5. Without prejudice to the implementation by the Customer of his legal right of retraction under the conditions set out in Article 4.4, Products on sale will not be exchanged or refunded. 

6.4.6. Without prejudice to the implementation by the Customer of his legal right of withdrawal under the conditions set out in Article 4.4, unpacked Electronic Products will not be exchanged or refunded.

6.4.7. Subject to the aforementioned conditions, MAMA SHELTER shall reimburse the total amount (including all taxes) of the price(s) of the Product(s), excluding shipping fees included in the Sales Order and shipping fees paid by the client. The Customer's bank account as indicated by the Customer during the Sales Order process as mentioned in article 4.2.5.5. shall be credited with the aforementioned amount, within fourteen (14) days following the receipt of the Products by MAMA SHELTER.

In the event of failure to comply with the above-mentioned repayment deadline, the sums due will be increased by the following rates:

  • Up to thirty (30) days late: ten percent (10%) ;
  • Up to sixty (60) days late: twenty percent (20%) ;
  • Beyond that: fifty percent (50%).

6.4.8. The costs of returning a Product declared not to be in conformity with the Order shall be borne by MAMA SHELTER, subject to an express request to this end made by the Customer under the conditions of article 6.4.1 for a postage paid by MAMA SHELTER.

ARTICLE 7 - COMPLAINTS

7.1. For any complaint relating to an Order, the Customer may contact MAMA SHELTER, 

  • By e-mail under the heading "contact" via the contact form under the conditions of Article 4.2.7  
  • By e-mail to [email protected]

For complaints or questions relating to an Order of bedding items (mattress, mattress topper, slatted base), the Customer may also contact COPIREL: [email protected] / 0800 100 459

7.2 It is also possible to contact MAMA SHELTER for any request at the following address:

MAMA SHELTER, 82 rue Henri Farman, 92445 Issy-les-Moulineaux

Email : [email protected]

Telephone: +33 (0)1 75 77 52 66

 

For bedding items shipped by COPIREL, you can also contact COPIRAL customer service directly on 0800 100 459 (toll-free) or at [email protected].

ARTICLE 8 - RESPONSIBILITIES OF MAMA SHELTER 

8.1. In any case MAMA SHELTER shall not be held responsible in the event of the Order not being completed and not being registered, and in particular due to the Customer not correctly carrying out his Order according to the conditions set out in these General Terms and Conditions of Sale and according to what is displayed on the Customer's fixed or mobile computer terminal during the online Order process.

8.2. Furthermore, by connecting and ordering on the Website, the Customer acknowledges and accepts the characteristics and limits of the Internet network, particularly with regard to technical performance, response times for consulting, querying or transferring information, risks of interruption, risks related to the connection, lack of protection of certain data against possible misappropriation and risks of contamination by possible viruses circulating on the network. MAMA SHELTER cannot be held responsible for malfunctions that may affect the Internet network and de facto the Website, or for any problem of configuration or related to a given terminal or browser. MAMA SHELTER also does not guarantee that the Website will operate without interruption, or that it is free of computer errors. Consequently, MAMA SHELTER cannot be held responsible, directly or indirectly, in case of routing problems or communication breakdowns, difficulties or impossibilities of connection or breakdown of the Website server. In particular, MAMA SHELTER cannot be held responsible for any damage, material or immaterial, caused to the Customers, to their computer equipment and to the data stored on it, and for the consequences which may result from this on their personal, professional or commercial activity.8.3. In all cases MAMA SHELTER shall not be held liable in the event of non-delivery of a registered Order due to the Customer not correctly filling in the information relating to the delivery address or the identification of the recipient according to the conditions set out in these General Terms and Conditions of Sale and according to what is displayed on the Customer's fixed or mobile computer terminal during the online Order process.

8.4. In all cases of force majeure and in particular due to the unpredictable and irresistible carrier, MAMA SHELTER shall not be held liable in the event of failure to deliver a registered Order. The execution of MAMA SHELTER's obligations is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution: MAMA SHELTER will inform the Customer as soon as possible.

More generally, MAMA SHELTER shall in no way be held responsible for the non-execution or poor execution of the Sales Order in the event of force majeure, whether caused by a third party, the Client or one of its commercial partners.

8.5. MAMA SHELTER endeavours to ensure that the photographs and descriptions of the Products give as accurate an overview as possible of the Products offered for sale online on the Website. However, the Photographs are non-contractual, so that the Customer cannot claim any claim as a result, as long as the differences between the photograph on the sales site representing the Product and the Product itself do not concern essential characteristics of the Product which are moreover falsely or inaccurately represented on the Website.

8.6. MAMA SHELTER shall not be liable for any indirect and/or consequential damages, including, but not limited to, loss of profit, business interruption, moral damages resulting from a failure to deliver all or part of the Products ordered or from a failure to conform all or part of the Products ordered.

8.7. Hypertext links present on the Website may refer to other sites other than the Website, www.shop.mamashelter.com serving for the Order of Products on line of MAMA SHELTER, whether they are sites dedicated to the services offered by MAMA SHELTER or third party companies or partners. 

8.8. In any case, MAMA SHELTER cannot be considered as the Producer of the Products whose sale is proposed on the Website within the meaning of articles 1245 and following of the French Civil Code, the latter being solely and exclusively responsible for the damage caused by a defect in its Product, whether or not it is bound by a contract with the victim. In the event of an ordered Product delivered which proves to be defective, it is up to the Customer to notify this fact to MAMA SHELTER at the coordinates appearing in the preliminary article by registered mail with acknowledgement of receipt, in order to allow MAMA SHELTER to designate its own supplier or the producer, within three months as from the date on which the victim's request will have been notified to it.

ARTICLE 9 - LEGAL GUARANTEES

9.1. Legal guarantee of conformity

You benefit from the legal guarantee of conformity under the conditions of articles L.217-4 and following of the consumer code and the guarantee of hidden defects under the conditions of articles 1641 and following of the civil code.

When you act as a legal guarantee of conformity,

- You have a period of two years from the date of delivery of the Product to act;

- You can choose between repairing or replacing the Product, subject to the cost conditions provided for by Article L.217-9 of the French Consumer Code ;

- For any Product purchased until March 17, 2016 at 23:59:59, you are exempt from providing proof of the existence of the Product's lack of conformity during the six (6) months following the delivery of the Product;

- For any Product purchased after midnight on March 18, 2016, you are exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the Product,

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

You may decide to implement the warranty for hidden defects within the meaning of Article 1641 of the Civil Code. In this case, you can choose between cancellation of the sale or a reduction of the sale price (article 1644 of the civil code).

 

9.2 Commercial guarantee specific to Bedding articles - COPIREL

Mattress products, mattress toppers and box springs have a 5 (five) year warranty from the date on the purchase invoice.

The cover fabric, sewing thread, zippers and all other elements whose proper performance is linked to the conditions of use are guaranteed for 2 (two) years, within the framework of the legal guarantee, from the date shown on the purchase invoice.

If a component is missing from a package, the request must be made within 1 (one) month from the date on the purchase invoice. After this period, the parts will be invoiced.

This warranty applies to mattresses, mattress toppers and box springs used under the conditions commonly accepted for these types of articles.

Under no circumstances does the guarantee cover damage that may result from abnormal use (e.g. folded mattress, mattress placed on the floor, etc.), an accident, a case of force majeure, alterations or transformations made to the mattresses or bed bases or normal wear and tear of the products. Also excluded from the guarantee are products with a maintenance defect: dirt, stains or soiling, or having been subjected to a high level of humidity.

In order to benefit from the comfort of the box spring, the customer must equip it with 6 (six) feet from a width greater than 150 (one hundred and fifty) cm. Failure to comply with this recommendation voids the box spring warranty and, where applicable, the mattress warranty.

It should be noted that the phase of adaptation to the body shape may result in a slight settling of the filling materials and a slight loss of mattress firmness (less than 18 % (eighteen percent) of the initial hardness). In any case, the guarantee will apply from a loss of mattress height according to the values specified in the table below, measured with a ruler and at the high point of an unsewn surface of the tray :

Mattress height

Loss of mattress height
justifying a complaint

Less than 20 cm

More than 2 cm

Between 20 cm and 25 cm

More than 2.5 cm

Upper 25 cm

More than 3 cm

Mattresses may vary slightly in size due to the softness of the material.

These consequences in no way affect the comfort and solidity of the mattress and therefore cannot be the subject of a complaint. Measurements of these values must be taken with a ruler diagonally across the product and on a perfect surface (e.g. on a floor), approximately 8 (eight) hours after use and under normal temperature and humidity conditions (18 °C/20 °C (eighteen/eighty degrees) and 80 % (eighty percent)).

The comfort of the mattress can vary very slightly depending on the temperature of the room in which it is located. When you receive a new mattress, it may take a few days before it reaches the right temperature and offers optimum comfort.

The recommendations for use described in the paragraph " Maintenance recommendations " must be followed to ensure a long product life.

" Maintenance Recommendations "

It is recommended to cover the mattress with a protective cover to avoid dirt, stains or soiling.

To clean the mattress, it is possible to use a vacuum cleaner but with a low power setting (so as not to loosen the tray) and without using a rotating brush (so as not to damage the covering fabric). Any other method of cleaning (steam, etc.) is prohibited and will void this warranty.

Blankets, bedspreads and mattress protectors should be cleaned regularly.

The majority of mattresses have a different filling on each side to provide extra comfort depending on the season:

  • One "winter" side (label side) for better heat conservation and distribution;
  • A "summer" side to increase the ability to wick away moisture due to perspiration.

We advise you to turn the mattress over frequently and regularly invert the head and foot ends to ensure even packing of the filling materials.

The mattress should never be placed on an unventilated surface, such as the floor.

It is recommended to air the room every morning to let air and light into the open bed.

By this commercial guarantee, our service provider COPIREL undertakes to carry out free of charge the exchange or the repair of the product (under sanitary conditions) recognized as defective. In this case, the guarantee extends to the free repair of the defective and repairable components.

Any exchange on the basis of an equivalent product or repair will not have the effect of extending the initial duration of the guarantee.

However, in accordance with the provisions of article L. 217-16 of the Consumer Code :

" Where the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable property, to restore it to a state covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining term of the warranty. This period starts from the date of the buyer's request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.

To benefit from this commercial guarantee, the mattress or box spring must be returned, in a strictly clean state, free of any stain, in its original packaging or in a suitable sealed package to the following address: COPIREL, Service Consommateur, Zone du Bosc Hêtrel, 27340 CRIQUEBEUF-SUR-SEINE.

Any complaint must be addressed to COPIREL, and be accompanied by the following documents:

  • The original invoice(s) showing the date of purchase;
  • Pictures of the product.

Furthermore, in the event of a complaint, the customer can contact COPIREL customer service on 0800 100 459 (toll-free number) or at [email protected], for more information on the procedure to follow.

ARTICLE 10 - 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 MAMA SHELTER. No transfer of intellectual property rights is carried out through the present General Conditions of Sale. Any total or partial reproduction, modification or use of the intellectual property of MAMA SHELTER for any reason whatsoever is strictly prohibited.

ARTICLE 11 - DATA PROCESSING, FREEDOM AND PRIVACY, PERSONAL DATA, IMAGE RIGHTS

11.1. The Customer is informed that all personal data collected during the Sales Order process, and notably concerning the constitution of his customer account as stated in article 4.2.5.2, will be subject to automated processing. The data controller is MAMA SHELTER, whose full contact details are given in the preliminary article of the present General Sales Conditions. 

11.2. The information containing personal data that is requested from the Customer during the Order process on the Website, is intended to be communicated by the Customer, and is necessary for the processing of the Order by MAMA SHELTER.

11.3. The recipients of the personal data collected during the Order process are :

- MAMA SHELTER;

- The Online Payment Service Provider to the extent necessary for the purposes of the implementation of Articles 4.2.5.5., 5.10 to 5.12 of these General Terms and Conditions ;

- The service provider COPIREL (bed bases, mattresses and mattress toppers) and its carrier for the sole purpose of the administrative management of the Orders for Bedding Products placed by the Customer and the management of the after-sales service for these bedding products.

11.4. The purpose of the processing of these personal data is for the following purposes, in particular to enable MAMA SHELTER to :

  • proceed with the processing of the Order; 
  • proceed with the registration of the Order; 
  • fulfil its obligations towards the Client, 
  • to integrate the Customer into the "Customer File" when he has consented during the creation of his customer account to the sending of the newsletter - to carry out statistical studies, in particular in order to improve or modify the offers of Products and services of MAMA SHELTER and its on-line Ordering system.

This data will be kept for three (3) years from the last activity of the Customer on the Website.

Beyond the period mentioned above, the data will be kept in anonymous form for exclusively statistical purposes and will not be used for any kind of exploitation.

11.5. In accordance with European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as with the provisions of Law n°78-17 of January 6, 1978 relating to information technology, files and freedoms, as the latter was last amended and supplemented by the law known as Informatique et Libertés n° 2018-493 of June 20, 2018 promulgated on June 21, 2018,each Customer has a right of access, rectification, opposition, portability and deletion with regard to information concerning him or her, by contacting MAMA SHELTER by email: [email protected]

11.6 The Customer is informed, on each of the personal data collection forms, and more particularly for those displayed during the Order process or the creation of his customer account, of the mandatory or optional nature of the fields to be completed, respectively, by the presence or absence of an asterisk. In the event of failure to communicate one or more data indicated as mandatory during the online Order process, the Customer's Order shall not be processed or taken into account in any way whatsoever.

11.7 In particular in the case of online payment involving the communication of the Customer's bank details for the purposes of payment as set out in Article 4.2.5.5, these bank details shall not be in the possession of MAMA SHELTER, but shall nevertheless be communicated for the performance of the contract of sale by the Customer in respect of his obligation to pay the price. In any event, the Customer consents to this transfer for the execution of the sales contract resulting from the Order Confirmation with MAMA SHELTER. In accordance with the provisions of Articles 5.10 to 5.12, the payment service provider Payplug has undertaken vis-à-vis MAMA SHELTER to take all security and data confidentiality measures for such data transfers. 

11.8. The Website does not generate cookies dedicated to the Order placed by the Customer for the Products offered for sale on the Website. However, the browser used by the Customer to access and complete the online Order process is likely to generate cookies that will participate in particular :

  • to facilitate recognition of the Customer from the terminal from which the Order is placed, where applicable,
  • to allow a tracing of the progress of its Order process, in particular in order to allow it to go back during this process,
  • to allow the collection of anonymised statistical and technical data on the progress and progress of the Order process followed by the Customer which may be communicated to MAMA SHELTER identified at the head hereof, for the purposes of modification and technical and ergonomic improvement of the online Order process and the corresponding interface.

In all cases, it is the responsibility of the Customer user of a terminal from which he/she places an Online Order to determine the extent to which he/she wishes to neutralise or authorise the cookies generated by his/her browser used during the Online Order process, without MAMA SHELTER being held liable in this respect.

ARTICLE 12 - MISCELLANEOUS

12.1. These General Terms and Conditions of Sale are governed by French law.

12.2. In the event that any of the provisions of the present General Terms and Conditions of Sale are declared null and void, in any way and for any reason whatsoever, they shall be deemed unwritten and shall not entail the nullity of the other provisions.

12.3. All disputes that may arise between the parties in connection with the interpretation and/or execution of these General Terms and Conditions of Sale shall be subject, failing amicable agreement, to the exclusive jurisdiction of the competent court within the jurisdiction of the Paris Court of Appeal, with the exception of disputes concerning non-trading persons and for which the legal rules of attribution of material jurisdiction apply.

12.4. The European Commission has set up a dispute resolution platform to collect any consumer complaints following an online purchase and forward them to the relevant national ombudsmen. This platform is accessible by clicking here.