Espace Mom General Sales Terms

Consumer General Sales Terms

You are a prescriber or reseller: Professional GST

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ESPACE MOM, SARL (limited liability company) with a share capital of 9,000 euros, registered in the Trade and Companies Register of Saverne under number 489 317 677, headquartered at 3 rue Gustave Goldenberg, 67700, Saverne, France, activity being the manufacture and marketing of wellbeing and energy revitalization devices in France and abroad (hereinafter referred to as the “Company”).

All information relating to the Devices marketed by the Company is accessible on its website: www.espacemom.com.

The Company and the customer are referred to jointly as the “Parties” and individually as “Party”.

The Customer can access any information it considers necessary and is solely responsible for the Order of one (or more) Device(s) on the ESPACE MOM Site.

These General Sales Terms apply to any Order of one (or more) Device(s) by the Customer from the Company via the ESPACE MOM Site. The Company also points out that it may modify its General Sales Terms at any time. The General Sales Terms applicable to the Customer are the General Sales Terms in effect at the time the customer Orders one (or more) Device(s).

Any Order for a Device implies the unreserved and unconditional acceptance of these General Sales Terms by the Customer. By placing an Order on the ESPACE MOM Site, the Customer acknowledges having received communication in clear terms, in a readable and understandable manner, of all the items referred to in Article L.221-5 of the Consumer Code.

1. Contractual Documents

The Contract is made up of the following documents in descending hierarchical order:

The Order for one (or more) Devices;
These General Sales Terms;
The documents listed above constitute the entire agreement between the Parties with respect to this Agreement’s purpose and replace and nullify all declarations, negotiations, commitments, oral or written communications, acceptances, and prior agreements between the Parties with respect to this same purpose. The Contract takes precedence over any other document. The Contract may only be modified pursuant to an amendment signed between the Parties by a duly authorized representative.

2. Definitions

“Company” or “ESPACE MOM” refers to the SARL (limited liability company) with a share capital of 9,000 euros, registered in the Trade and Companies Register of Saverne under number 489 317 677, headquartered at 3 rue Gustave Goldenberg, 67700, Saverne, France.

The “ESPACE MOM Website” refers to all web and mobile sites, along with content thereon, accessible at the address: https://www.espacemom.com as well as all URL addresses under the domain name “espacemom.com”.

“Contract” refers to the sales agreement entered into between the Company and the Customer, which consists of confirmation by a Customer of their Order.

“Order” refers to the Device(s) selected by the Customer on the ESPACE MOM Site, which are subject to a Contract between the Company and the Customer.

“Customer(s)” refer(s) to any natural person, accessing, visiting, browsing and/or using the ESPACE MOM Site, for personal purposes, whether occasionally or regularly, identified or not and who has purchased one (or more) Device(s) on the ESPACE MOM Site.

“Device(s)” refer(s) to the wellbeing and energy revitalization devices manufactured by the Company in France and sold by the Company on the ESPACE MOM Site.

“Intellectual Property Rights” refer to all copyrights, industrial property rights, trademarks, patents, designs, models, domain names, software rights, source codes, database producer rights and all other rights covering registered or unregistered intellectual property, including rights covering by all intellectual property claims, owned and/or held by the Company.

3. Purpose

The purpose of these General Sales Terms is to define the rights and obligations of the Parties with respect to a Customer’s purchase of one (or more) Device(s) on the ESPACE MOM Site.

4. General Terms

The Company manufactures wellbeing and energy revitalization devices in France that it markets directly via the ESPACE MOM Site.

The specifications of each Device are provided on the page containing the detailed description of said Device on the ESPACE MOM Website.

The Company points out that the Devices it manufactures and sells and the information it publishes, in particular on the ESPACE MOM Site, do not constitute medical advice or personalized consultations.

The Company points out that usage in any form whatsoever of the Devices marketed by the Company does not mean the Customer should not consult a medical professional within the meaning of the Public Health Code. The ESPACE MOM Site, along with the Information published thereon, does not in any way replace a medical consultation or the advice of a Health Practitioner.

The Company points out that the Devices and their description may change over time.

When confirming their Order, the Customer must (i) confirm the Order for the Device(s) selected, (ii) accept the General Sales Terms, (iii) proceed with payment of their Order according to the terms of Article 5 of these General Sales Terms.

After the Customer’s confirmation of their Order, the Order becomes settled and definitive.

The Company will confirm receipt of the Customer’s Order through an email sent to the Customer.

Then a Sales Agreement is concluded between the Company and the Customer.

Any Order for one (or more) Device(s) with the Company and/or on the ESPACE MOM Site is to be concluded in French.

The Customer’s co-contractor is the Company.

Only those at least eighteen (18) years of age or older and who have legal capacity to enter into agreements may place an Order on the ESPACE MOM Site.

5. Price and Payment of Price

5.1. Payment of Price

This Article takes effect when the Customer purchases one (or more) Device(s) on the ESPACE MOM Site (i.e. when the Customer confirms an Order).

The price of each Device is indicated both with and without taxes. The VAT rate applicable on the day of purchase is directly added to the final price paid by the Customer.

This price may be subject to a reduction, discount or rebate by the Company.

Prices are indicated in euros and must be paid in euros.

The Customer accepts and acknowledges that delivery of the Device(s) ordered is made against payment of the total price of the Order and the delivery costs, as referred to in Article 6 of these Sales Terms.

Payment is to be made directly by the Customer upon confirmation of the Order.

5.2. Payment Terms

The price of each Order is to be paid directly to the Company in one (1) installment or in three (3) consecutive monthly installments, the first being due on the date of the Order.

The price of each Order must be paid:

directly on the ESPACE MOM Site, via SYSTEMPAY.

Information relating to SYSTEMPAY is available on their website “https://systempay.cyberpluspaiement.com”. By confirming the Order and making payment for the price of said Order, the Customer unconditionally and without reservation accepts the general conditions of SYSTEMPAY.

The Company and SYSTEMPAY are two independent partners. The Company is not in any way involved in the Customer’s payment of an Order price. Therefore, the Customer accepts and acknowledges that the Company may in no way be held liable for losses of any nature whatsoever that might be the result, direct or indirect, of payment of an Order placed on the ESPACE MOM website via SYSTEMPAY.

All possible costs related to a payment by the Customer are at their own expense.

The Company does not collect the banking details of its Customers.

by sending one (1) or three (3) bank checks made out to the order of the company “ESPACE MOM” to the Company’s headquarters.

In the event that the Customer decides to pay by bank check, the Customer’s Order will only be taken into account upon receipt and collection of the bank check (i) in an amount corresponding to the full price of the Order in the event that the Customer is paying in one (1) installment or (ii) an amount corresponding to one third (1/3) of the price of the Order in the event they are paying in three (3) installments.

The Customer must provide information when confirming each Order: first and last name, desired delivery address, billing address, email address and telephone number.

5.3. Billing

Invoice(s) issued by the Company following confirmation of an Order by a Customer will be printed and sent to the Customer with their Order in the delivery package.

Unless expressly authorized by the Company, under no circumstances may amounts due be subject to any reduction, whether by compensation, counter-claim, adjustment or other mechanisms.

The Customer also agrees that an electronic invoice (paperless) may be issued under the Agreement and take place of original invoices in accordance with Article 289 of the General Tax Code. In this event, the Customer accepts invoices in PDF format and expressly waives the right to contest the validity of signed electronic invoices established pursuant to the Agreement solely due to the fact that these invoices have been created and sent in electronic form.

6. Delivery Times and Conditions

The Company shall deliver the Devices purchased by the Customer within the period indicated in the Order summary and according to inventory. Time frames indicated in a Customer’s Order summary are only provided as an indication. The Company points out the fact that confirmation of an Order will also depend on the Company’s inventory.

The Order will only be delivered to the Customer upon receipt and effective collection by the Company of the price corresponding to said Order.

The Customer may under no circumstances hold the Company liable for non-compliance with delivery times when the Company does not have the Device (or one of the Devices) in its inventory. In this event, delivery times may be extended. The Customer will be kept informed as soon as possible from the Company’s receipt of their order.

The Order is delivered by the carrier selected by the Customer from a preselected listed provided by the Company. In particular, the Customer has the choice between Colissimo, Chronopost, Fed Ex and TNT.

Delivery is made to the delivery address indicated by the Customer. The Customer must be present on the date, time and delivery address agreed upon in their Order.

Once delivery has been made, the Customer must immediately check whether their Order is complete and whether any of the Device(s) ordered are damaged. The Customer must sign the delivery slip (hereinafter referred to as the “Delivery Slip”). By signing the Delivery Slip, the Customer acknowledges receipt of their Order. Transfer of the risks of the Device(s) takes place once the Customer has signed the Delivery Slip. The transfer of ownership of the Device(s) takes place pursuant to Article 9 of these General Sales Terms.

In the event that the Device(s) delivered do not comply with their Order, the Customer must inform the Company in writing, within five (5) business days from delivery of the Device(s) concerned (based on the date of the Delivery Slip) or by sending a registered letter with acknowledgment of receipt to the Company’s headquarters (address indicated in the header hereof) or by email to: contact@espacemom.com. The Company will make contact in writing, by sending an email to the Customer at the email address indicated when placing their Order within seven (7) business days of receipt of the complaint to work out a solution with the customer.

According to the same terms, the Customer must inform the Company of any damage to one (or more) Device(s) contained in their Order that may have been due to transport/delivery.

If the Customer is not present at the initial delivery of their Order, the Device(s) contained in their Order may, depending on the delivery methods chosen, be returned to the Company. The Company will make said Device(s) available to the Customer. In the event that the Customer would like the Device(s) to be delivered again, they must assume the costs of shipping.

Delivery times, provided as an indication, will be extended in the event of a force majeure or unforeseen event. In these cases, delivery times will be extended according to the duration of the incident.

The Company cannot be held responsible for non-compliance with a delivery time when the cause (or origin) is on the part of a third party and in particular of the transport company.

Under all circumstances, the Company will implement the necessary, reasonable means to keep the Customer informed of any delays that may occur with regard to the delivery of their Order.

7. Cancellation of an Order by a Customer

In accordance with current laws, a Customer who buys one (or more) Device(s) on the ESPACE MOM Site has a period of fourteen (14) days to cancel their order. This period starts on the day the Customer received the Order concerned. In this respect, the Company points out that to exercise this cancellation right, they must provide proof of the date they received the Order. The signed delivery slip is the original document. This period of fourteen (14) days begins on the first day following receipt of their Order.

In this case, the Customer must return the cancellation form attached to these General Sales Terms along with the Device(s) subject to the cancellation, as well as proof of purchase of said Device(s) on the ESPACE MOM Site and proof of receipt of the Order (signed Delivery Note) by tracked parcel to the company’s headquarters.

The Company points out that the Device(s) subject to cancellation must be returned according to the abovementioned conditions within fourteen (14) days, with the date the return package is shipped being binding between the Parties.

In the event that the Customer makes use of this cancellation right, the Company will immediately send an acknowledgment of receipt of this cancellation to the email address indicated on the withdrawal form – or, in the event that the Customer has not provided this information, to the email address indicated when placing the Order that was canceled.

The Customer’s cancellation within the time limits and conditions mentioned above will result in a refund of the purchase price of each Device concerned, to be deposited in the bank account used when confirming the Order within a period of fourteen (14) days from the Company’s receipt of: (i) the cancellation form, (ii) the Device(s) concerned, (iii) proof of purchase of said Device(s) on the ESPACE MOM Site and (iv) proof of receipt of the Order (signed Delivery Slip).

The Customer will not be reimbursed for delivery costs.

The Company will not be liable for return costs related to the Customer’s cancellation.

The Company has the right to refuse to reimburse the Customer for one (or more) Device(s) in the event of fraud and/or attempted fraud by the latter in relation to the exercise of their cancellation right (in particular in the event that the Device(s) have been partially or totally used, damaged or deteriorated and/or in the event that the Device(s) returned do not correspond to the Device(s) purchased by the Customer on the ESPACE MOM Site.

These cancellation conditions are only applicable when the Customer has purchased one or more Device(s) directly on the ESPACE MOM Site.

Any purchase of a Device from a company and/or e-commerce site other than the Company and/or ESPACE MOM Site may under no circumstances be subject to cancellation and reimbursement by the Company.

8. Guarantees

8.1 Guarantees

Purchases made on the ESPACE MOM Site are subject to the legal conformity guarantee provided for in Articles L.217-4, L.217-5 and L.217-12 of the Consumer Code (twenty-four (24) month guarantee in accordance with the provisions of Article L.217-7 of the Consumer Code) as well as the legal guarantee against hidden defects provided for in Articles 1641 et seq of the Civil Code (twenty-four (24) month guarantee from the discovery of the defect).

A) The legal conformity guarantee

The Customer must act within a period of (2) two years from the delivery of the Device.

The Customer can choose between repairing or replacing the Device, subject to the costs provided for in Article L.217-9 of the Consumer Code.

The Customer does not need to provide proof of the lack of conformity with the Device during the twenty-four (24) months following the delivery of the Device.

In any event, the Customer is reminded that pursuant to Article L.217-4 of the Consumer Code:

“The seller delivers goods that comply with the agreement and is liable for any lack of conformity existing at the time of delivery.

They are also liable for any lack of conformity resulting from packaging, assembly instructions or installation when this is their responsibility per the contract or this has been carried out under their responsibility”.

Pursuant to Article L.217-5 of the Consumer Code:

“The good is in accordance with the agreement:

1) If it is for the use usually expected of a similar item and, if applicable:

– if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, in particular with advertising or labeling;

2) Or if it has the characteristics defined by the parties by mutual agreement or is suitable for any special use desired by the buyer, brought to the seller’s attention and which the latter has approved”.

B) Legal guarantee against hidden defects.

For the Customer’s information, in accordance with the provisions of Articles 1641 et seq of the Civil Code:

Article 1641 of the Civil Code:

“The seller is bound by the guarantee due to the hidden defects of the good sold, which render it unfit for the use intended, or which hinders this use so much that the buyer would not have bought it, or would have paid less if they had known of such defects”.

Article 1642 of the Civil Code:

“The seller is not liable for visible defects of which the buyer has been able to convince themselves.”

Article 1643 of the Civil Code:

“They are liable for hidden defects, even if they did not know of them, unless they have stipulated that they will not be bound by guarantee.”

Article 1644 of the Civil Code:

“In the event of Articles 1641 and 1643, the buyer may return the good, having the price refunded, or keep the good, having part of the price refunded, following expert arbitration.

You can exercise these guarantees by sending your request directly to the Company’s headquarters, located at 32 rue de Saverne, 67440, Schwenheim, France or to the email address indicated at the top of these General Sales Terms ((to be added)).

C) Lifetime warranty for devices.

In addition to the legal warranties, ESPACE MOM guarantees the durability of the Devices it markets for life.

8.2 Implementation of warranties.

The customer may exercise these guarantees by sending their request directly to the Company’s headquarters at 32 rue de Saverne, 67440, Schwenheim, France.

This request must be sent to the Company by registered mail with acknowledgment of receipt within fifteen (15) days following the discovery of the defects. The Customer must attach photographs proving the non-compliance or defects of said Device(s) to allow the Company to determine the existence of the defect(s) mentioned by the Customer

Upon receipt of each request, the Company will contact the Customer in writing as soon as possible, no more than fifteen (15) business days from receipt of the request in order to agree on the appropriate measures to be taken.

In the event that the Company and Customer fail to find a solution, the first party to do so may refer the matter to a mediator in accordance with the procedures referred to in Article 12.7 of these General Sales Terms.

The receipt of an Order by the Customer without reservation implies acceptance of the visible condition of the Device(s) referred to in said Order.

No return of Device(s) will be accepted by the Company without their prior authorization.

9. Transfer of Risk and Ownership

Transfer of risks concerning the Device(s) subject to an Order takes place upon delivery of the Order to the Customer. The date appearing on the Delivery Slip is binding between the Parties.

Transfer of ownership of the Device(s) subject to an Order takes place after the Customer’s complete payment of the Order price. Accordingly, in the event that the Customer makes payment in three (3) monthly installments, they are only the owner of the Device(s) ordered once they have fully paid the Company for such Device(s).

10. Intellectual Property

10.1. All of the Company’s creations remain its exclusive property. The Company reserves the right to resell or use all or part of its creations.

10.2. The purchase of a Device on the ESPACE MOM Site does not confer any rights onto the Customer, of any nature whatsoever regarding the ESPACE MOM Site.

Without the prior authorization of the Company, it is prohibited to use and/or reproduce, in any way whatsoever and for any purpose whatsoever, even partially, any content on the ESPACE MOM Site and/or Intellectual Property Rights owned and/or held by the Company.

10.3. The purchase of a Device on the ESPACE MOM Site does not confer any rights onto the Customer, of any nature whatsoever, with respect to the “ESPACE MOM” brand and/or any rights, in particular Intellectual Property Rights, owned and/or held by the Company.

11. Collection and Processing of Confidential Data

By placing an Order for one (or more) Device(s) with the Company on the ESPACE MOM Site, the Customer expressly and unconditionally agrees to the usage of their data as set out in this article.

In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, revised by Law No. 2018-493 of June 20, 2018, and with Law No. 2004-575 of June 21, 2004 regarding confidence in the digital economy, the Customer is informed that the information they communicate to the Company via the ESPACE MOM Site is collected and processed by the Company.

The collection of this data by the Company allows the Company to differentiate each Customer and to deliver them the Device(s) contained in an Order and purchased on the ESPACE MOM Site.

The data collected by the Company are first and last name, phone number(s) and email address, shipping address and billing address. This is the data collected during the purchase of one (or more) Device(s) by a Customer on the ESPACE MOM Site. The Company does not collect the banking details of its Customers.

The Company guarantees that Customer information is collected and processed in accordance with current laws.

This data will be processed internally and anonymized by the Company. It will not be communicated and/or transferred and/or assigned by the Company, whether for free or for payment.

However, this data will be communicated by the Company to the company tasked with delivering Device(s) purchased by the Customer.

The Customer has a right to access, rectify and delete all or a part of the data concerning them.

The Customer may exercise these rights by sending an email to the following address:

contact@espacemom.com

The Customer declares that the data communicated during the signing of the Agreement is truthful, informed and accurate. False declarations made on behalf of oneself or on another’s behalf are punishable pursuant to Article 441-1 of the Penal Code, which provides for penalties of up to three years’ imprisonment and a fine of 45,000 euros.

The Customer is solely responsible for the data they communicate to the Company.

12. General Provisions

12.1 Transfer

The Contract is concluded in consideration of the Customer themselves (in particular because of the characteristics of the Device(s) ordered) and, therefore, may not be transferred, whether free of charge of for payment, to a third party without the prior written authorization of the Company. Any assignment or transfer made in violation of the abovementioned stipulations will be null and void. The Company reserves the right to subcontract and/or assign all or part of its rights and obligations under the Agreement to a third party.

12.2 Notifications

Any notification or communication under the Agreement must be made in writing and sent by email or mail (registered letter with acknowledgment of receipt) to the addresses indicated when confirming an Order. Any notice or communication shall be considered validly delivered upon receipt thereof or after a period of three (3) days following its sending, whichever occurs first. Any change in the Customer’s delivery and/or billing address must be notified in writing to the other party, by email.

12.3 Non-Waiver

Should either Party not take action with respect to a breach by the other Party of any of its obligations under the Agreement or these General Sales Terms, this may not be interpreted as a waiver of the obligation in question.

12.4 Partial Non-Validity

If one or more provisions of the Agreement and/or of these General Sales Terms are found to be illegal or inapplicable or considered as such pursuant to a finalized law, regulation or court decision, they will be considered unwritten, and all other stipulations will remain in force.

12.5 Headers

The titles of the articles of the Agreement and/or of these General Sales Terms are only of an illustrative nature and may not be used in the interpretation of provisions relating to them under the Agreement and/or these General Sales Terms.

12.6 Independence of the Parties

12.7 Governing Law and Jurisdiction

The Contract and these General Sales Terms are subject to French law.

Any dispute relating to the validity, interpretation, performance and/or termination of the Agreement and/or these General Sales Terms that cannot be resolved between the parties before a nominated and appointed mediator to this effect by the Party acting first, will be subject to the exclusive jurisdiction of the Court of Appeal of the Company’s registered headquarters, notwithstanding a plurality of defendants, incidental claims, warranty claims or expedited procedures instituted summarily or by request.

CONSUMER MEDIATION

Under Article L. 612-1 of the Consumer Code “Any consumer has the right to free recourse to a consumer mediator so as to proceed with the resolution of the dispute between themselves and a professional”. This covers disputes of a contractual nature, relating to the performance of an agreement for the sale or supply of services entered into between a consumer and a professional.

Pursuant to Articles L 611-1 and R 612-1 et seq of the Consumer Code with respect to the settlement of disputes: If the consumer has sent a written complaint to the professional and has not obtained rectification or a response within two months, they can submit their complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint.

The ASM Alsace Médiation de Justice mediation center can be appealed to directly at the following address:

3, rue du Général Frère – 67000 STRASBOURG

All information relating to the ASM mediation center is available on its website: www.alsace-mediation.fr

In the event that the dispute is not settled, and the Customer is a consumer per the meaning of the Consumer Code, the Customer may, pursuant to Article R. 631-3 of the Consumer Code, file suit with the courts of the relevant jurisdiction within the national territory under the Code of Civil Procedure, i.e. the jurisdiction of the place where they were living at the time the Agreement was entered into or where the prejudicial event occurred.

Download the cancellation form here

Professional General Sales Terms

If you are an individual: Consumer GST

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ESPACE MOM, SARL (limited liability company) with a share capital of 9,000 euros, registered in the Trade and Companies Register of Saverne under number 489 317 677, headquartered at 3 rue Gustave Goldenberg, 67700, Saverne, France, activity being the manufacture and marketing of wellbeing and energy revitalization devices in France and abroad (hereinafter referred to as the “Company”).

All information relating to the Devices marketed by the Company is accessible on its website: www.espacemom.com.

The Company and the customer are referred to jointly as the “Parties” and individually as “Party”.

The Customer can access any information it considers necessary and is solely responsible for the Order of one (or more) Device(s) from the Company whether directly or on the ESPACE MOM Site.

These General Sales Terms apply to any Order of one (or more) Device(s) by the Customer directly from the Company or via the ESPACE MOM Site.

Any Order for a Device implies the unreserved and unconditional acceptance of these General Sales Terms by the Customer.

1. Contractual Documents

The Contract is made up of the following documents in descending hierarchical order:

The Order for one (or more) Devices;
These General Sales Terms;

The documents listed above constitute the entire agreement between the Parties with respect to this Agreement’s purpose, i.e. the Order of one (or more) Device(s); and replace and nullify all declarations, negotiations, commitments, oral or written communications, acceptances, and prior agreements between the Parties with respect to this same purpose. The Contract takes precedence over any other document. The Contract may only be modified pursuant to an amendment signed between the Parties by a duly authorized representative.

The relationship between the ESPACE MOM Company and the Customer may be governed by a more global agreement.

2. Definitions

“Company” or “ESPACE MOM” refers to the SARL (limited liability company) ESPACE MOM with a share capital of 9,000 euros, registered in the Trade and Companies Register of Saverne under number 489 317 677, headquartered at 3 rue Gustave Goldenberg, 67700, Saverne, France.

“Contract” refers to the sales agreement entered into between the Company and the Customer, which consists of confirmation by a Customer of their Order. The Contract may be governed by a framework agreement that more broadly covers relationship between the ESPACE MOM Company and the Customer.

“Order” refers to the Device(s) selected by the Customer and subject to a Contract between the Company and the Customer.

“Customer(s)” refer(s) to any natural or legal person that purchases, in the context of their business activities, one (or more) Device(s) from the ESPACE MOM Company for resale to professionals or individuals.

“Device(s)” refer(s) to the wellbeing and energy revitalization devices manufactured by the Company in France and sold by the Company on the ESPACE MOM Site.

3. Purpose

The purpose of these General Sales Terms is to define the rights and obligations of the Parties in the context of the Order(s) placed with the Company by a Customer, i.e. with respect to a Customer’s purchase of one (or more) Device(s) from the Company, either directly with through them or through its ESPACE MOM Site.

4. General Terms

The Company manufactures wellbeing and energy revitalization devices in France that it markets, in particular, via the ESPACE MOM Site.

The specifications of each Device are provided on the page containing the detailed description of said Device on the ESPACE MOM Website.

The Company also points out that usage in any form whatsoever of the Devices marketed by the Company does not mean the final Customer should not consult a medical professional within the meaning of the Public Health Code. The ESPACE MOM Site, along with the Information published thereon, does not in any way replace a medical consultation or the advice of a Health Practitioner.

Finally, the Company points out that the Devices and their description may change over time.

After the Customer’s confirmation of their Order, the Order becomes definitive and cannot be canceled.

The Company will confirm receipt of the Customer’s Order through an email sent to the Customer. Then a Sales Agreement is concluded between the Company and the Customer.

Any Order for one (or more) Device(s) with the Company and/or on the ESPACE MOM Site is to be concluded in French.

The Customer’s co-contractor is the Company.

Only those at least eighteen (18) years of age or older and who have legal capacity to enter into agreements may place an Order on the ESPACE MOM Site.

5. Price and Payment of Price

5.1. Payment of Price

This Article takes effect when the Customer purchases one (or more) Device(s) from the Company, directly from them or on the ESPACE MOM Site.

The price of each Device is indicated both with and without taxes. The VAT rate applicable on the day of purchase is directly added to the final price paid by the Customer.

This price may be subject to a reduction, discount or rebate by the ESPACE MOM Company.

Prices are indicated in euros and must be paid in euros.

Payment is made directly by the Customer upon confirmation of the Order pursuant to Article 5.2 of these General Sales Terms.

5.2. Payment Terms

The price of each Order is payable directly to the Company in one (1) installment. The price of each Order must be paid:

(i): directly on the ESPACE MOM Site, via SYSTEMPAY;

The Company and SYSTEMPAY are two independent partners. The Company is not in any way involved in the production and services regarding the Customer’s payment of an Order’s Price. Therefore, the Customer accepts and acknowledges that the Company may in no way be held liable for losses of any nature whatsoever that might be the result, direct or indirect, of payment of an Order placed on the ESPACE MOM website via SYSTEMPAY.

All possible costs related to a payment by the Customer are at their own expense.

The Company does not collect the banking details of its Customers.

(ii) by sending one (1) bank check made out to the order of the company “ESPACE MOM”;

In the event that the Customer pays by bank check, the Customer’s Order will only be taken into account upon receipt and collection by the Company of the bank check for an amount corresponding to the full price of their Order.

(iii) or wire transfer to the Company’s bank account (at the express written request of the Customer).

In the event that the Customer pays by wire transfer, the Customer’s Order will only be taken into account upon collection of the total amount corresponding to the full price of the Order.

When confirming each order, the Customer must provide: the company name, its corporate structure, the identity of its agent with signing powers (their name and position), the address of their headquarters, their RCS/SIRET number, desired delivery address (if it differs from headquarters address), email address and telephone number.

5.3. Billing

Invoice(s) issued by the Company following confirmation of an Order by a Customer will be printed and sent to the Customer with their Order in the delivery package.

Unless expressly authorized by the Company, under no circumstances may amounts due be subject to any reduction, whether by compensation, counter-claim, adjustment or other mechanisms.

In any event, pursuant to Article L.441-10 of the Commercial Code, in the event of late payment and/or non-payment, the Company may invoice late payment penalties set at a rate equal to the default interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, applicable to all amounts due from the first day of late payment until their full settlement. A lump sum compensation of forty (40) euros will also be owed.

6. Delivery Times and Conditions

The Order will only be delivered to the Customer upon receipt and effective collection by the Company of the price corresponding to said Order.

Any delivery fees are at the customer’s expense. These costs depend on the place of delivery and/or the weight of the Customer’s Order. These costs are indicated in the final price of the Order paid by the Customer. Orders are delivered to the shipping address indicated by the Customer. The Customer must be present on the date, time and delivery address agreed upon in their Order.

Once delivery has been made, the Customer must immediately check whether their Order is complete and whether any of the Device(s) ordered are damaged. The Customer must sign the delivery slip (hereinafter referred to as the “Delivery Slip”). By signing the Delivery Slip, the Customer acknowledges receipt of their Order. Transfer of the risks of the Device(s) takes place once the Customer has signed the Delivery Slip. The transfer of ownership of the Device(s) takes place pursuant to Article 9 of these General Sales Terms.

According to the same terms, the Customer must inform the Company of any damage to one (or more) Device(s) contained in their Order that may have been due to transport/delivery.
If the Customer is not present at the initial delivery of their Order, the Device(s) contained in their Order may, depending on the delivery methods chosen, be returned to the Company. The Company will make said Device(s) available to the Customer. In the event that the Customer would like the Device(s) to be delivered again, they must assume the costs of shipping.

The Company cannot be held responsible for non-compliance with a delivery time when the cause (or origin) is on the part of a third party and in particular of the transport company.

Under all circumstances, the Company will implement the necessary, reasonable means to keep the Customer informed of any delays that may occur with regard to the delivery of their Order.

7. Guarantees

The Company does not grant the Customer any guarantee other than what is provided for in these General Sales Terms.
With respect to the guarantees of Devices purchased by the Customer, these appear in the Company’s General Sales Terms for consumers.

8. Transfer of Risk and Ownership

Transfer of risks and ownership of the Device(s) subject to an Order takes place upon delivery of the Order to the Customer. The date appearing on the Delivery Slip is binding between the Parties.

The Customer is reminded and acknowledge that no Order will be delivered before payment of the entire Order by the Customer.

9. Intellectual Property

9.1. All of the Company’s creations remain its exclusive property. The Company reserves the right to
resell or use all or part of its creations.

9.2. The purchase of a Device by the Customer directly from the company or via the ESPACE MOM Site does not confer any rights onto the Customer, of any nature whatsoever regarding the ESPACE MOM Site.

Without the prior written authorization of the Company, it is prohibited to use and/or reproduce, in any way whatsoever and for any purpose whatsoever, even partially, any content on the ESPACE MOM Site and/or Intellectual Property Rights owned and/or held by the Company.

9.3. The purchase of a Device by the Customer directly from the company or via the ESPACE MOM Site does not confer any rights onto the Customer, of any nature whatsoever, with respect to the “ESPACE MOM” brand and/or any rights, in particular Intellectual Property Rights, owned and/or held by the Company ESPACE MOM.

Therefore, unless expressly agreed upon between the Parties, any Order(s) placed by a Customer with the Company may in no way be considered as approving of or be interpreted as a transfer of reproduction rights, rights of adaptation, right of representation, right of distribution, or usage rights belonging to the “ESPACE MOM” brand and/or to the Device(s) manufactured by the Company ESPACE MOM.

10. Collection and Processing of Confidential Data

By placing an Order for one (or more) Device(s) with the Company on the ESPACE MOM Site, the Customer expressly and unconditionally agrees to the collection and usage of their data as set out in this article.

The collection of this data by the Company allows the Company to differentiate each Customer and to deliver them the Device(s) contained in an Order and purchased on the ESPACE MOM Site.

The data collected by the Company via the ESPACE MOM Site includes: the company name, its corporate structure, the identity of its agent with signing powers (their name and position), the address of their headquarters, their RCS/SIRET number, desired delivery address (if it differs from headquarters address), email address and telephone number. This is the data collected during the purchase of one (or more) Device(s) by a Customer on the ESPACE MOM Site. The Company does not collect the banking details of its Customers on the ESPACE MOM Site. Some of this data may be of a personal nature.

The Company guarantees that Customer information is collected and processed in accordance with current laws.

These data will be processed internally and anonymized by the Company. It will not be communicated and/or transferred and/or assigned by the Company, whether for free or for payment.

However, this data will be communicated by the Company to the company tasked with delivering Device(s) purchased by the Customer.

The Customer has a right to access, rectify and delete all or a part of the data concerning them.

The Customer may exercise these rights by sending an email to the following address: contact@espacemom.com

The Customer is solely responsible for the data they communicate to the Company.

11. General Provisions

11.1 Transfer

11.2 Notifications

11.3 Non-Waiver

11.4 Partial Non-Validity

11.5 Headers

11.6 Independence of the Parties

The Parties retain their independence in the context of the Agreement. The Contract will not generate any relationship of subordination, representation, mandate or agency between them. Neither party may represent to third parties that it has the power to represent the other Party. In addition, the Agreement does not create any economic dependency between the Parties. This provision is essential for the Company. The Company may in no way be held responsible for the economic strategy chosen by the Customer.

11.7 Governing Law and Jurisdiction

The Contract and these General Sales Terms are subject to French law.
Prior to any legal claims, the Parties must, in good faith, attempt to amicably settle the dispute and/or litigation that may arise regarding the validity, interpretation, performance or non-performance of this Agreement.

To this effect, the Party acting first will send the other Party a registered letter with acknowledgment of receipt listing its grievances, arguments and claims.

Within fifteen (15) days of receipt of the abovementioned letter, the other Party must send a registered letter with acknowledgment of receipt listing its own grievances, arguments and claims.

If the dispute still remains following these communications, the Parties will meet in a place chosen by mutual agreement and within a maximum period of fifteen (15) days from receipt of the last letter referred to in the paragraph above so as to reach an agreement.

If no agreement is reached at the end of this meeting, the Parties are once again free to take legal action in order to preserve their rights and interests.

In the absence of a resolution, any dispute relating to the validity, performance and/or interpretation of the Agreement will be submitted to the Commercial Court of Saverne, notwithstanding instances of multiple defendants and/or claims for recourse in warranty or summary.