Table of Contents
- Scope / Purpose
- Identification / Confirmation of orders / Formation of the Agreement
- Products - Pricing
- Availability of products
- Delivery and in-store pickup (Click & Collect
- Right of cancellation and return
- Conformity of the products
- Payment
- Refund
- Liability
- Payment Security and Personal Data Protection
- Intellectual property
- Entire agreement
- Force majeure
- Applicable law – Mediation - Competent jurisdiction
Art.1 - Scope / Purpose
These general terms and conditions of sale (hereinafter the "GTCS") apply to and govern, without limitation or restriction, all sales between Bal du Moulin Rouge SA, a company registered with the Paris Trade and Companies Register under the number B 552 046 120, located at 82, boulevard de Clichy, 75018 Paris, France - with EU VAT No.: FR 45 552 046 120, email: contact@moulinrougestore.com, Tel: 01.53.09.82.82 (hereinafter referred to as "Moulin Rouge" or "the Seller") and a non-professional buyer (hereinafter the "Buyer") wishing to acquire the products offered for sale by the Seller on its website accessible via www.store.moulinrouge.fr and www.moulinrouge.fr section “SHOP” (the “Website”).
These GTCS apply to the sale of all products sold on the Website, including perishable food products (hereinafter “Perishable Products”), the sale of which is governed by specific conditions detailed herein.
For the purposes of these GTCS, it is agreed that the Buyer and the Seller shall be collectively referred to as the "Parties" and individually as a "Party".
The Buyer declares that he/she is over 18 years old and has full legal capacity or has been granted authorisation from their parental authority, guardian or trustee.
Any order for a product offered on the Site implies the Buyer's express and unreserved acceptance of the present GTCS. The Seller reserves the right to modify these GTCS at any time, and the Buyer should read them carefully before placing an order. However, it is specified that the applicable GTCS are those in force on the date of the order and any changes made to the GTCS will only apply to future orders.
To the extent permitted by law, if there is any contradiction between the French and English versions of the GTCS, the original French version shall prevail.
Art.2 - Identification / Confirmation of orders / Formation of the Agreement
2.1 Identification data
When browsing the Website, the Buyer is asked to provide personal data (1) when opening a user account and/or (2) when purchasing products on the Website, for order processing.
The Buyer is solely and entirely responsible for the use and confidentiality of his/her account and must ensure that only persons authorised by him/her have access to the said account. As such, any use of the Buyer's account is deemed to be made by him/her or with his/her authorisation.
The Buyer shall promptly notify: contact@moulinrougestore.com with regards to any security breach or fraudulent activity related to the use of his/her account, so that appropriate measures may be taken.
Likewise, in the event of loss or change of his/her login, the Buyer is invited to contact: contact@moulinrougestore.com to update his/her profile.
The Buyer shall provide the Seller with accurate and reliable information and the Seller shall not incur liability in the event that the information provided proves to be incorrect or incomplete.
2.2 Confirmation of the order - Formation of the Agreement
In order to proceed with payment, the Buyer has to accept these GTCS by checking the corresponding box "I accept the General Terms and Conditions of Sales” and thus acknowledges having read them prior to the act of purchase and accepting its terms.
The Buyer has the possibility to review the order before validating it and must then choose a method of payment and click on "Pay now". This confirmation leads to the formation of the agreement (hereinafter "the Agreement") and the payment of the amounts due in execution of said order.
Once the Agreement is concluded, a confirmation e-mail is sent to the Buyer, containing an order number and a summary of the latter.
Moulin Rouge reserves the right to refuse any order or delivery in case of abnormal order, placed in bad faith or for any other legitimate reason and, in particular, in case of dispute with the Buyer, total non-payment or partial payment of a previous order by the Buyer, or refusal by the Buyer's ban
Art.3 - Products / Pricing
3.1 Products
Each product sold on the Website is accompanied by labelling and/or a description sheet that presents the essential characteristics of the product from the manufacturer/supplier of Moulin Rouge, and, where applicable, for Perishable Products, its storage conditions, composition, list of allergens, and expiration dates. The Buyer acknowledges having read and understood these terms and conditions before placing any order.
Despite the attention taken in drafting these descriptions, an error may occur. In such a case, the Buyer is asked to inform Moulin Rouge, which undertakes to proceed as quickly as possible to correct the said error.
The images and colours of the products presented on the Website may not exactly reflect the actual colours of the products due to the Internet browser and the screen resolution used by the Buyer. Moulin Rouge cannot be held liable whatsoever in this respect.
3.2 Perishable Products
Perishable Products are food products that, by their nature, are likely to deteriorate rapidly. All information relating to each Perishable Product will be communicated to the Buyer on the Website. It is the Buyer's responsibility to refer to the list of ingredients provided before consumption, particularly with regard to allergens.
The Buyer acknowledges that the storage of these products requires specific conditions (particularly temperature), which are indicated on the product sheet and/or on the packaging. It is the Buyer's sole responsibility to comply with these storage conditions as soon as the product is collected.
3.3 Pricing
Prices are quoted in euros, excluding shipping charges, taking into account any discounts and including all taxes. The amount of VAT is that applicable on the date of the order.
The prices shown are guaranteed within the limits of available stock. Prices do not include shipping costs (excluding Click and Collect), which are charged extra and are specified to the Buyer prior to the final confirmation of his/her order.
For orders to countries other than mainland France, the Buyer is the importer of the products concerned. For all products shipped outside the European Union and the French overseas territories, the price is indicated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These customs duties and other taxes as well as their payment are the Buyer's sole and full responsibility, both in terms of declarations as well as payments to the competent authorities and bodies in the Buyer's country. Moulin Rouge is not obliged to inform the Buyer of such taxes or customs duties and it is up to the Buyer to inquire about these issues with local authorities in the country to which the product is shipped.
The products remain the property of Moulin Rouge until payment is made in full.
Art.4 - Availability of the products
The product offers are valid for as long as they are shown as available on the Website and while stocks last. Certain products, including Perishable Products, may be sold in limited editions.
Until the order has been placed and payment has been accepted, no product reservation is guaranteed.
In the event that a product is not available on the Website, the Buyer has the option of entering its email address in order to be informed of a possible return of said product to stock. In the event a product is unavailable after confirmation of the order, Moulin Rouge shall inform the Buyer by email. The order will be cancelled and the bank debit will be credited back to the Buyer's account.
Art.5 - Delivery and in-store pickup (Click & Collect)
5.1 - Time and place of delivery
When placing an order, delivery options are offered to the Buyer, who can choose between home delivery or delivery to a pickup point. The Buyer is informed of the delivery times before validating his/her order. Order preparation time is not included in the delivery time.
The Buyer will receive another email with the tracking number of the order when the product is shipped. The products shall be delivered to the address specified by the Buyer when placing the order, and the delivery is against signature for orders delivered in the European Union or for international delivery, to the exception of France, where a signature is not necessary. Relay point delivery is available in France.
5.2 - Delayed delivery
In case of a delay in delivery attributable to Moulin Rouge, the Seller will inform the Buyer of the new delivery date by email, and the Buyer will be entitled to refuse any postponement of delivery and to cancel the order placed in accordance with the terms and conditions set out in article L.216-6-I, 2° of the French Consumer Code.
In this case, the Seller shall refund the total amount of the order paid by the Customer within 14 days of the date on which the Agreement was terminated, as defined in article L.216-7 of the French Consumer Code.
If the Buyer receives the products after termination of the Agreement, he/she must return the products in their original condition and packaging with all their accessories, instruction manuals and documentation within a maximum of ten (10) business days following their delivery.
5.3 – Click & Collect
Certain Perishable Products will only be available via the Click & Collect service, and cannot be delivered. In-store pickup will be automatically selected for these products. Orders for these products may only be placed via the Website. This information will be communicated to the Buyer on the Website.
For technical reasons, it is not possible to place an order that involves several delivery methods. Therefore, if the Buyer wishes to order products that can only be collected via Click and Collect and other products that can be delivered, they must place two separate orders.
Ordering and in-store collection process
The in-store pickup process is as follows:
- The Buyer selects the Perishable Product on the Website.
- When confirming the order, the Buyer must choose a pickup date and time slot from among those offered.
- The Buyer pays for the order in full online.
- Once the payment has been validated, the Buyer receives an order confirmation email, which constitutes proof of purchase and summarizes the information for picking up the order.
The Buyer must go to the pickup point on the chosen date and time slot, with a valid ID and proof of purchase (the confirmation email, printed or on a digital device, can be used as proof of purchase). If the Buyer is unable to collect the order in person, they may designate a third party to do so, who must arrive at the designated time slot with their own valid ID, a copy of the Buyer's ID, and proof of purchase. The Seller reserves the right to refuse delivery of the products if valid identification is not presented.
Pickup location and times
The only pickup location is the Moulin Rouge store located at 82 Boulevard de Clichy, 75018 Paris. The available collection times are specified when choosing the time slot, depending on the store's collection capacity. The Buyer will choose their collection time slot when confirming their order. If the chosen time slot is not respected, Moulin Rouge cannot guarantee the immediate availability of the product.
5.4 Shipping fees
Shipping fees are the responsibility of the Buyer and are calculated according to the delivery method selected, content and destination of the order and paid for at the same time as the products. Click & Collect pickup is free of charge.
5.5 – Lost parcel
In case of product delivery, if within seven (7) business days following the dispatch of his/her order in France, and within ten (10) business days of dispatch to any other country, the Buyer has neither received his/her parcel nor any delivery notification or information, he/she must go to the nearest post office or to his/her shipping office with the parcel tracking number in hand, which is found in the confirmation email that was sent to him/her at the time of dispatching the parcel containing the products ordered.
If this attempt remains unsuccessful, the Buyer must promptly contact our Moulin Rouge Customer Service at the following address: contact@moulinrougestore.com.
6. Right of cancellation and return
6.1. Statutory cancellation period
Subject to the exceptions to the right of cancellation provided for in article L.221-28 of the French Consumer Code, for any order placed remotely via the Website, the Buyer has the right to cancel his/her order within 14 days from the date of order, without having to give reasons or bear any costs other than that related to returning the products.
The cancellation period shall expire fourteen (14) days after the date the Buyer or a third party other than the shipping company, appointed by the Buyer, takes physical possession of the product.
6.2. Terms for exercising the right of cancellation
Should the Buyer wish to exercise his/her right of withdrawal, he/she must notify the Seller of his/her decision to cancel by means of the withdrawal form attached in Appendix 1 of these GTCS (and also accessible on the Website), within a maximum period of 14 days from receipt of the products.
Once the Buyer has notified his/her decision to cancel, then he/she must, at his/her expense, return the products which are the subject of the withdrawal to the following address: SARL ASAR / MOULIN ROUGE - ZA des Boulays - 6, rue l'Artisanat - 49130 Sainte Gemmes sur Loire, France without undue delay and no later than within fourteen (14) days of notification of his/her decision to cancel. The deadline shall be deemed to be met if the Buyer has returned the product before expiry of the period of fourteen (14) days, as evidenced by the postmark.
The products subject to a cancellation must be returned by the Buyer to the Seller with all their accessories, user manuals and documentation, enabling their return to the market and, if possible, accompanied by a copy of the invoice in order to expedite the handling of their return. In case of depreciation of the product as a result of handling, other than that required to establish the nature, characteristics and functioning of the product, the Buyer may be held liable.
The costs of returning the products shall be borne by the Buyer. Therefore, it is up to him/her to keep all proof of this return. It is therefore advisable that the Buyer return the products by registered mail or by any other means that enables providing proof of the return. These shipping receipts must include the following information: destination address, date of shipment and parcel number.
6.3. Cases in which the right of cancellation may not be exercised
According to current regulations, the right of cancellation may not be exercised in the cases provided in article L.221-28 of the French Consumer Code, in particular for the following products: audio recordings, video recordings or computer software that have been unsealed by the customer, goods liable to deteriorate or expire rapidly, goods which have been unsealed by the consumer after delivery and cannot be returned for hygiene or health protection reasons.
6.3. Conditions for refund of the price of the products subject of the cancellation
When the right of cancellation is exercised by the Buyer in accordance with the above conditions, Moulin Rouge shall refund the Buyer all amounts paid by the Buyer (including initial shipping fees), except for the costs of returning the products, which are the responsibility of the Buyer, without undue delay and no later than fourteen (14) days from the date on which the Seller is informed of the consumer's decision to cancel the order.
The refund may be deferred by the Seller until the goods have been recovered or until the Buyer has provided proof of shipment of the goods, whichever occurs first. The Seller's refund procedure will be initiated in all cases upon actual receipt by the Seller of the product(s) returned by the Buyer. Refunds are made using the original payment method, unless the Seller and the Buyer expressly agree to a different method.
In the case where the right of cancellation does not affect the entire order, only the price of the returned products shall be refunded by the Seller.
6.4. Cases in which the right of cancellation may not be exercised
According to current regulations, the right of cancellation may not be exercised in the cases provided in article L.221-28 of the French Consumer Code, in particular for the following products:
- audio recordings, video recordings or computer software that have been unsealed by the customer,
- goods which have been unsealed by the consumer after delivery and cannot be returned for hygiene or health protection reasons,
- goods made to the consumer's specifications or clearly personalized,
- Perishable Products that are likely to deteriorate rapidly, given their respective use-by dates.
Art.7 - Conformity of the products
Despite the care taken in preparing the orders, some products of an order may prove to be defective, missing or non-compliant. Consequently, the Buyer must check the compliance of the products received upon delivery. For products delivered via Click and Collect, the Buyer shall carry out this verification when collecting the product(s).
In accordance with the law, the Seller is held responsible for any lack of conformity of the products under the agreement, pursuant to the conditions of article L.217-3 et seq. of the French Consumer Code, and for any hidden defects in the item sold, pursuant to article 1641 et seq. of the French Civil Code.
When acting under the legal guarantee of conformity, the Buyer:
- has a period of two (2) years from the delivery of the product to act;
- may choose between repair or replacement of the product, subject to costs conditions provided under article L217-12 of the French consumer code; and
- is exempt to provide proof of the existence of the lack of conformity of the product during the twenty-four (24) months following delivery of the product.
The legal guarantee of conformity is applicable regardless of any commercial warranty that may be granted.
Under article 1641 of the French Civil Code, the Buyer can decide to invoke the guarantee of hidden defects of the item sold and, in such case, he/she can choose between the cancellation of the sale or a reduction in the selling price, pursuant to article 1644 of the French Civil Code.
When returning a product under the legal guarantees above, the product must be returned to the Seller in the condition in which the Buyer received it, along with all its accessories, user manuals, documentation and packaging.
The Buyer may contact the Seller's Customer Service by mail: contact@moulinrougestore.com to implement this guarantee.
The provisions of this article shall not preclude the exercise by the Buyer of the right of cancellation provided for in article 6 of these GTCS.
Art.8 - Payment
The total amount owed by the Buyer is indicated before confirmation of the order by the Buyer, and also on the order confirmation sent via e-mail. The act of confirming the order entails the obligation on the Buyer's part to pay the prices and fees indicated:
- Either by credit card: Visa, MasterCard, American Express, other credit cards (Blue Ecard); or
- Apple Pay.
The order will be considered valid after approval of the bank payment is confirmed. In case of rejection by the bank, the payment will be rejected and the order will be cancelled automatically.
When the Buyer has validated his/her payment, a confirmation email is sent to the Buyer at the email address indicated by him/her at the time of placing the order. This confirmation includes all the information related to the order, and it is recommended that the Buyer keeps this order confirmation email or prints it out.
As soon as the Buyer confirms his/her payment, the order is recorded and becomes irrevocable, subject to the cancellation period referred to in article 6 hereinabove. The order is registered on the computer records of the Seller, which are preserved on a reliable and durable medium, as proof of the contractual relationship between the Parties.
Art.9 - Refund
The refund of products in the cases referred to in the articles above herein shall be carried out as soon as possible and no later than the deadlines specified in those articles, in accordance with the applicable laws. The refund is credited to the account used for payment of the order.
Art. 10 – Compliance with foreign laws
It is up to the Buyer to check with local authorities about the specifics concerning taxes, declarations, and prohibitions, possibilities of importation or use of the products ordered. Moulin Rouge shall not be held liable in case of non-compliance with the regulations of the country where the products are delivered.
Art. 11 – Payment Security and Personal Data Protection
11.1 Payment Security
Moulin Rouge has entrusted its payment system to a company specialised in secure online payments, which guarantees total confidentiality of the Buyer's bank information, secured by SSL protocol which systematically controls the validity of access rights when the Buyer pays by credit card and encrypts all transactions in order to guarantee their confidentiality and traceability in accordance with the current regulations.
11.2 Personal Data Protection
Moulin Rouge collects personal data from the Buyer (hereinafter "Personal Data") necessary for the purposes set out below and acts as data controller. Their collection occurs (1) when a user account is opened on the Website (2) when the Buyer purchases products on the Website, strictly necessary to process the order or (3) when subscribing to the newsletter. The Buyer's data is also collected through the use of cookies and buttons that redirect to social media networks.
In case of order placement, if the Buyer does not wish to enter his/her Personal Data, Moulin Rouge will not be able to complete the transaction.
The processing of Personal Data is carried out in accordance with the national and European laws in force and notably the Regulation (EU) 2016/679 of the General Data Protection Regulation (hereinafter “GDPR”) and is carried out in accordance with the procedures described in the Privacy Policy.
Information regarding the use of cookies on the Buyer's hard drive, and the terms of use of redirection buttons on social networks from the Website are also included in the Privacy Policy.
In accordance with the French Data Protection Act of 6 January 1978 as amended, and in accordance with provisions of the GDPR, Buyers shall at all times have the right to access, rectify, cancel, oppose personal data concerning them and limit the processing of their personal data, as described in the Privacy Policy.
To exercise this right and to obtain communication of the information, the User may simply send his/her request for such information to Moulin Rouge. In order for Moulin Rouge to be able to honour the Buyer's request, the Buyer must send it the information necessary to formally identify him/her, including his/her name, address and email address, by email sent to the following address: contact@moulinrouge.com, or by ordinary mail sent to the following address: Moulin Rouge, RGPD Service, 82 Boulevard de Clichy, 75018 Paris, France.
Art. 12 – Intellectual property
Moulin Rouge is the holder and user of all the copyrights, databases, trademarks, names, text, graphics, icons, images, videos, logos and sounds, and all other intellectual property rights relating to the Website, its content, and/or compilations of its content, and all computer records and other codes implemented on the Website (hereinafter the "Intellectual Property Rights").
Browsing the Website and use of its components by the Buyer when opening an account or purchasing products offered on the Website are made pursuant to the General Terms and Conditions of Use.
The Buyer is not authorised to appropriate, copy, modify, distribute, disseminate, use all or any part of the Website or other Intellectual Property Rights relating thereto, or use:
- any logo, trademark, photographs or images reproduced on the Website;
- any copy, reproduction, representation, adaptation, alteration, modification, or unauthorized, complete or partial distribution of the Website and/or its components, by any means whatsoever, whether these are components belonging to Moulin Rouge or to third parties;
- any repeated or systematic extraction or reuse - including for private purposes - of a substantial or insubstantial part of the elements from the databases used on the Website.
No document on the Website should be construed as granting any express or implied license to any of the Intellectual Property Rights.
However, the Buyer is expressly authorised to download, print and keep a copy of the contractual documentation relating to transactions made on the Website, for information purposes and to serve as proof, in strict compliance with the present General Terms and Conditions of Sale.
Art. 13 – Entire agreement
These General Terms and Conditions of Sale and the order confirmation email sent to the Buyer form the Agreement and constitute the entire contractual relationship between the Parties.
Art. 14 – Force Majeure
An event of force majeure is considered as any event which is reasonably unforeseeable and unavoidable for the Seller or the Buyer, making it impossible to execute all or part of its contractual obligations, according to provisions of Article 1218 of the Civil Code.
Without this list being exhaustive, the following events will be considered as force majeure: natural disasters, earthquake, severe weather, flood, fire, shortage of raw materials, disruption or total or partial strike of the postal services and means of transport and/or communications in particular, power failure, embargo, introduction of a new law prohibiting the sale of the products or making their sale significantly more expensive, sabotage, intervention of civil or military authorities, acts of war, hostilities, terrorist acts or riots.
The Party affected by an event of force majeure shall not be considered as not fulfilling its obligations in the event that the performance of its obligations under the Agreement is hindered, prevented or delayed by an event of force majeure, and it shall not, in such case, be held liable for any reason whatsoever.
Beyond a period of one (1) month of interruption due to force majeure, Moulin Rouge will not be able to honour the order and shall reimburse the Buyer in such case.
Art. 15 – Applicable law – Mediation – Competent jurisdiction
15.1
The present GTCS are subject to French law.
15.2
Without prejudice to the mandatory provisions applicable under the laws of the country of the Buyer pursuant to EU regulations or international conventions, and the use of a mediation procedure in the terms of these present conditions, all disputes of any kind between the Parties will be subject to the French jurisdictions.
In any event, the Parties shall attempt to find an amicable solution to the dispute prior to referring it to the competent court.
15.3
In the event of a dispute, and before referring the matter to the competent court, the Buyer must first contact the Seller's customer service department at the following address: contact@moulinrougestore.com or by post to the following address: Moulin Rouge – www.store.moulinrouge.fr – 82 Boulevard de Clichy – 75018 Paris, France.
In the event of a complaint failure to the Customer Service or in the absence of response of this service within two (2) months, the Client can refer the dispute related to his/her order or to the present GTCS opposing him/her to Moulin Rouge to a mediator who will attempt, independently and impartially, to bring the parties together in order to reach an amicable solution.
In this case, the Buyer may contact the mediator listed on the consumer mediation website of the French Ministry of the Economy and Finance (https://www.economie.gouv.fr/mediation-conso) in the "Theatres, shows, museums" section, click on "Consult the list of mediators": https://www.mtv.travel/.
The contact details of the mediator are the following: Association Médiation Tourisme et Voyage (M.T.V), 15, avenue Carnot, 75017 Paris, France. To contact the mediator: https://www.mtv.travel/saisir-le-mediateur/.
It is reminded that the dispute cannot be examined by the consumer mediator when:
a) the Buyer cannot prove that he/she has intended, beforehand, to solve his/her dispute with Moulin Rouge with a written complaint
b) The request is obviously unfounded and excessive;
e) The dispute is not within their field of expertise.
15.4
The Buyer and Moulin Rouge remain free to accept or decline the mediation procedure and, in case of a mediation procedure, to accept or decline the solution proposed by the mediator.
APPENDIX 1 – WITHDRAWAL / CANCELLATION FORM
If you are not satisfied with all or part of your order, or if you have simply changed your mind, please inform us of your intention to return the product by sending us the form below, correctly and fully completed, to the following address:
By post:
Bal du Moulin Rouge
www.store.moulinrouge.fr – Service des Retours
82 boulevard de Clichy
75018 Paris
France
By email: contact@moulinrougestore.com
On receipt of your letter, you will receive an acknowledgement of receipt and you will then have a further fourteen (14) days (after this period, our returns department reserves the right to refuse the parcel, which will then be returned to you) to return your parcel to us as follows:
- Choose a standard parcel or re-use the box with which the product(s) arrived.
- Place the product(s) inside the parcel.
- Include a photocopy of your invoice in the parcel.
- Send your parcel, stamped at the current rate, to the following address:
ASAR/MOULIN ROUGE - ZA des Boulays - 6, rue de l'Artisanat - 49130 Sainte Gemmes Sur Loire - France
On receipt of the parcel in our warehouse, the refund procedure will be initiated and you will receive an email containing all the information relating to this transaction.
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the sale.)
Moulin Rouge
www.store.moulinrouge.fr – Service des Retours
82 boulevard de Clichy
75018 Paris / France
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods listed below:
- Description of the product(s):____________________________________________________
- Ordered on (*) / received (*):_____________________________________________________
- Received on: _____________________________________________________________________
- Order number:____________________________________________________________________
- Your first and last name:__________________________________________________________
- Your address:______________________________________________________________________
- Total amount including VAT:______________________________________________________
- Date of withdrawal:________________________________________________________________