Terms of sale

‘The mementotempori.com website is published by the company ‘Memento Temporï SAS’.

Preamble
Please read the following information carefully, as they constitute the General Terms and Conditions of the ‘Memento Temporï’ Products catalogue contract. These General Terms and Conditions apply to all Orders placed by post, e-mail and/or fax with ‘Memento Temporï’. No special conditions may take precedence over the General Conditions, unless specifically accepted by ‘Memento Temporï’. In the absence of express acceptance, any special condition opposed by the customer will be unenforceable against ‘Memento Temporï’, regardless of when it is brought to its attention. The fact that the Seller does not invoke any of the General Terms and Conditions at a given time may not be interpreted as a waiver of its right to do so. These General Terms and Conditions apply to sales delivered in mainland France. In the event of an Order being shipped to a destination other than mainland France, the customer shall be deemed to be the importer of the Products concerned.

Article 1 - Definitions
The expressions mentioned below mean :

Order Form: request from the Customer or Non-Professional Customer containing the characteristics of the Products ordered from ‘Memento Temporï’.
Professional Customer: Any natural or legal person who orders one or more Products from ‘ Memento Temporï ’ as part of their professional activity.
Individual Customer: Any natural person who orders one or more Products from ‘ Memento Temporï ’ for purposes and to satisfy needs that do not fall within the scope of his professional activity. In application of the Consumer Code, Non-Professional Customers benefit from specific provisions which may, if necessary, exclude the application of these General Conditions.
Customer: In the General Terms and Conditions, either the Customer or the Non-Professional Customer.
General Terms and Conditions: All of the stipulations making up these Terms and Conditions of Sale, which apply to all Orders placed with ‘Memento Temporï’.
Products: The products and/or services appearing in the catalogues and/or commercial presentations of ‘ Memento Temporï ’. s catalogues and/or commercial presentations, and in the definition, including their availability, of these catalogues and/or commercial presentations.
Seller: ‘Memento Temporï’ whose company name and address are :

Memento Temporï SAS
4 rue de la carrière
ZA la Vallée
35560 Bazouges la Pérouse FRANCE
Phone : +33 (0) 9 51 39 66 43
Siret : 849 458 526 00019
Intracommunity VAT : FR 029 849 458 526

Article 2 - Ordering the Products
In all cases, the Order shall only become firm and definitive once it has been confirmed by the Vendor by letter or e-mail.The Order shall be made either by letter or by sending the Order Forms electronically; it shall be binding on the Customer and may not be retracted or modified without the Vendor's express written consent. In any event, such a request can only be taken into consideration if it is made by e-mail to the Vendor before the products are dispatched.

Article 3 - Right of withdrawal
The Non-Professional Customer has a period of 14 clear days from the date of delivery of his Order to return the Product to the Vendor for exchange or reimbursement, without penalty, with the exception of the cost of return. This right of return cannot be exercised for any item returned incomplete, damaged or soiled. In the event of a return, reimbursement will be made, at Memento Temporï's discretion, by crediting the Non-Professional Customer's bank account or by cheque made out to the Non-Professional Customer.

Article 4 - Product availability
Products are offered subject to availability. It should be noted in this respect that the indications of Product availability communicated on the ‘Memento Temporï’ website may occasionally not correspond to available stocks. The information on the site is given for guidance only and ‘Memento Temporï’ cannot reasonably be held responsible for any discrepancy between the information provided on the site and the actual availability or unavailability of a Product. In the event that Products ordered are temporarily unavailable, ‘Memento Temporï’ will inform the person placing the Order as soon as possible. The latter may then either cancel the Order and obtain a refund of the sums paid, or modify the Order, or accept the delivery date set by ‘ Memento Temporï ’. without prejudice to the application of the General Terms and Conditions of the new Order.

Article 5 - Product delivery
Delivery times Accepted Sales Orders will be dispatched as quickly as possible and, in principle, within 30 days of receipt. Once this 30-day period has elapsed, if delivery has not been made for any reason other than force majeure, the customer may cancel the order by e-mail, unless the customer expresses the express intention to continue with the order when questioned by the Vendor, also by e-mail. The following are considered to be cases of force majeure which relieve the Vendor of its obligation to deliver: any external factor which is reasonably unforeseeable at the time it occurs and which renders the Vendor's obligations reasonably disproportionate or impossible to fulfil. In any event, the customer will only be able to be delivered if he is up to date with his obligations towards the Vendor, whatever the cause.Transport Delivery is made by delivery to a shipper or carrier in the Vendor's premises or warehouses. Goods travel at the customer's risk, and it is the customer's responsibility, in the event of damage or shortages, to make all necessary observations and to confirm his reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier within three days of receipt of the goods. In addition, the risks relating to the goods dispatched are transferred to the customer from the time they are handed over to the first carrier; it is the customer's responsibility, where applicable, to take out the necessary insurance.
Receipt Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or the non-conformity of the Product delivered with the Product ordered must be made by e-mail or by post (as evidenced by the postmark) within seven days of receipt of the Products. It is the customer's responsibility to provide any justification as to the reality of the defects or anomalies observed. The Customer shall give the Vendor every opportunity to ascertain these defects and to remedy them. It will refrain from intervening itself or having a third party intervene for this purpose, and generally from aggravating or modifying the situation. In the absence of a dispute within the seven-day period and under the aforementioned conditions, the products delivered will be deemed to be in conformity and accepted by the customer, except as regards the guarantee against hidden defects (see art. 6.1 below).
Returns In the event of an apparent defect or non-conformity of the Products delivered, the customer may obtain replacement or reimbursement of the Products at the Seller's discretion, to the exclusion of any compensation or damages. Any return of a Product must be subject to the prior agreement of ‘Memento Temporï’ . The Product must be returned to the address indicated by Memento Temporï . All returned Products must be carefully packaged in their original packaging and must bear all their original labels. Shipping and return costs will be reimbursed to the customer. However, the amount reimbursed for return shipping costs may not exceed 1.5 times the amount of the shipping costs invoiced.

Article 6 - Guarantees
Latent defects In accordance with the law, ‘Memento Temporï’ only grants a warranty on the Products for latent defects in respect of manufacturing faults existing prior to the date of delivery of the defective goods and which could not be detected by the customer on receipt. Under this warranty, the only obligation incumbent on the Seller is, upon presentation of the Products, to replace the Product to the exclusion of any other compensation or damages. Shipping and return costs will be reimbursed to the Customer. However, the amount of the reimbursement of the return costs may not exceed 1.5 times the amount of the invoiced shipping costs.Exclusions Apart from apparent defects that are not sufficiently reported on receipt, defects or deterioration caused by an external accident (rough handling, defective maintenance, abnormal use, etc.), or by a modification of the Product that is neither planned nor specified by ‘Memento Temporï’ are excluded.

Article 7 - Limitation of liability
In any event, the contractual liability of ‘Memento Temporï’ for any reason whatsoever shall be limited to 1.5 times the price of the goods excluding VAT.

Article 8 - Prices
Prices are indicated in Euros, exclusive of taxes and shipping, delivery or insurance costs, which are invoiced in addition. The prices invoiced are those in force on the date of receipt of the Order accepted by ‘Memento Temporï’, subject to immediate availability of the Products. The prices appearing on the various commercial communication documents issued by ‘Memento Temporï’ may be modified without prior notice, in particular as a result of currency fluctuations and the pricing policies of ‘Memento Temporï’, its manufacturers and/or suppliers. its manufacturers and/or suppliers. For all products delivered outside mainland France, the price will be calculated exclusive of tax on the invoice. Customs duties or equivalent import duties may be payable. These duties will be payable by the customer. Unless special details are requested from ‘Memento Temporï’, the Products will be delivered with their original packaging. the Products will be delivered with their indications of origin and other characteristics declared by ‘ Memento Temporï ’ . An invoice will be drawn up for each delivery and issued at the time of delivery.

Article 9 - Payment
Purchases made from ‘Memento Temporï’ are payable by credit card or Paypal account directly online via the Paypal interface. All purchases are payable when the order is placed, without discount or rebate. No Product may be dispatched to a customer without prior payment of the full price of the Products, including VAT, as well as any related transport costs.
‘Memento Temporï’ will be paid upon confirmation from the paying institution.
‘Memento Temporï ‘ reserves the right not to accept the Order, without prejudice to any other course of action:
In the event of a dispute or total or partial non-payment at the time of payment.In the event of a dispute or total or partial non-payment in respect of a previous order.Any sum due in respect of an Order delivered and remaining unpaid may give rise to: A fixed penalty of 15% of the sums due, with a minimum of €45. The payment of late payment interest at a rate equal to four times the legal interest rate (law 92-1442 of 31/12/92). This interest will run from the date of the formal notice to pay until actual payment has been received.

Article 10 - Retention of title
All Products delivered remain the property of ‘Memento Temporï’ until full and complete payment of the price. Consequently, ‘Memento Temporï’ may reclaim Products that remain unpaid from the customer five days after formal notice to pay has been sent by registered letter with acknowledgement of receipt and no response has been received.

Article 11 - Automatic termination clause
In the event of non-payment, the sale, if delivery has taken place, will be terminated by operation of law at the discretion of the Seller, who may demand the return of the Products, without prejudice to any other action. Any product that the customer is unable to return to ‘Memento Temporï’ after the latter has claimed it back, for whatever reason, will be re-invoiced with a fixed indemnity of 15% of the sums due, with a minimum of €15. The payment of late payment interest at a rate equal to four times the legal interest rate (law 92-1442 of 31/12/92). This interest will run from the date of the formal notice to pay until actual payment has been received.

Article 12 - Jurisdiction
The Commercial Court of the place where ‘Memento Temporï’ has its registered office shall have sole jurisdiction over any dispute relating to these General Terms and Conditions of Sale. However, this clause assigning jurisdiction shall not apply in the event of a dispute with a Non-Professional Customer, for whom the legal rules of material and geographical jurisdiction shall apply.

Article 13 - Information technology and civil liberties
The personal information communicated by the customer to ‘Memento Temporï’ pursuant to and in the performance of orders and/or sales governed by the General Terms and Conditions is limited to what is strictly necessary for the processing of each customer order.

Article 14 - Applicable law
The General Terms and Conditions and all relations between ‘Memento Temporï’ and its customers are governed by French law.