Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE AND USE

OF THE WEBSITE WWW.ESHOP.BIGMAMMAGROUP.COM

BETWEEN:

MAMMA 16, a simplified joint-stock company with a share capital of €1,000, registered with the Paris Trade and Companies Register under number 852 644 921, whose registered office is located at 36 rue du Sentier, 75002 Paris, France.
Intra-community VAT number: FR58 852 644 921.
Hereinafter referred to as the “Seller”,
of the first part,

AND

Any consumer making a purchase via the website https://eshop.bigmammagroup.com/fr,
Hereinafter referred to as the “Customer”,
of the second part.

Preamble

The Seller’s business activity consists of selling new tableware under its own brand.
The Seller markets these goods in particular via this website. The list of goods offered for sale online can be consulted on the Site.
The Parties agree that their relationship shall be governed exclusively by this contract, to the exclusion of any conditions previously available on the Seller’s website. The Seller reserves the right to modify these General Terms and Conditions of Sale (“GTC”) at any time by publishing a new version on the Site. The applicable GTC are those in force on the date of Order validation. The Parties agree that the photos of the Products for sale on the Site have no contractual value.

Article 1 – Definitions

“Article”: the Good(s) ordered.
“Good”: any product offered for sale on the Site.
“Order”: a request for Goods made by the Customer to the Seller.
“General Terms and Conditions of Sale”: these present terms and conditions.
“Contract”: this document, including its preamble, annexes, and any amendments or renewals.
“Delivery Time”: the period between Order Validation and Delivery to the Customer.
“Delivery Fees”: costs incurred to ship the Order.
“Delivery”: dispatch of the Article to the Customer.
“Delivery Method”: any standard or express delivery option available on the Site at the time of Order.
“Price”: the unit value of a Good, inclusive of all taxes, excluding Delivery Fees.
“Total Price”: the total amount of the Goods ordered, inclusive of all taxes.
“All-Inclusive Price”: the Total Price plus Delivery Fees.
“Site”: the online sales website https://eshop.bigmammagroup.com/fr.
“Territory”: mainland France, European Union and the United Kingdom.
“Order Validation”: as defined in the Article relating to the order process.
“Online Sale”: the Seller’s marketing of Goods via the Site.

Article 2 – Purpose

This Contract defines the rights and obligations of the Parties in connection with the Online Sale of Goods offered by the Seller to the Customer through the Site.

Article 3 – Scope

These General Terms and Conditions of Sale apply to all sales of Goods made via the Site and are reserved for consumers acting exclusively for their own personal use.

The Seller provides the Customer with all information required under Articles L.111-1 et seq. and L.221-5 et seq. of the French Consumer Code, both before and after the conclusion of the sale, notably through these Terms.

Validation of the Order constitutes full and unconditional acceptance of these General Terms and Conditions of Sale.
These Terms apply to Orders delivered within the Territory as defined in Article 1.

Article 4 – Effective Date and Duration

This Contract comes into effect on the date of Order Validation. It remains in force for the time necessary to supply the Goods and until all obligations of the Seller are fulfilled.

Article 5 – Ordering and Online Sale Process

To place an Order, the Customer must:

  1. Select the desired Goods and add them to the basket.

  2. Create a customer account or log into an existing one.

  3. Verify the Order details and correct any errors.

  4. Validate the Order, the Total Price, and the All-Inclusive Price (“Order Validation”).

  5. Follow the payment instructions to pay the All-Inclusive Price.

The Customer will then receive electronic confirmation of payment acceptance, an acknowledgment of receipt serving as Order Confirmation, and later, confirmation of shipment. Delivery will be made to the address specified by the Customer.

The Seller undertakes to fulfill Orders only within available stock. If unavailable, the Seller will inform the Customer.
In accordance with Article L.121-11 of the Consumer Code, the Seller may refuse any abnormal or bad-faith Order, or for any legitimate reason, including unresolved payment disputes.

Article 6 – Prices and Validity

Prices are indicated in euros, all taxes included, excluding Delivery Fees. The payable amount at Order Validation is the All-Inclusive Price.
The validity of offers and prices is determined by updates on the Site. The Seller reserves the right to modify prices at any time but guarantees the Customer the price in effect at Order Validation.

Article 7 – Payment Terms

Payment of the All-Inclusive Price may be made via:

  • Online bank card (Carte Bleue, VISA, Mastercard, American Express, Bancontact)

  • Apple Pay

  • Google Pay

The transaction is debited immediately after verification and authorization.

By providing bank details, the Customer authorizes the Seller to debit the card for the corresponding amount. In case of failed payment, the Online Sale is automatically canceled.

Payment data is encrypted and secure. It is never shared except with payment service providers for transaction purposes.

For security reasons, the Seller may request supporting documents before validating an Order. Failure to provide them may lead to suspension or cancellation.

Article 8 – Delivery

8.1 Delivery Methods: Colissimo or Mondial Relay.
8.2 Delivery Address: Must be within the Territory. Incorrect information is the Customer’s responsibility.
8.3 Delivery Fees: Displayed before final validation and depend on volume, total price, method, and address.
8.4 Delivery Time: 3–5 working days after shipment confirmation (indicative only).
8.5 Delay: In case of delay, the Customer may request delivery within a reasonable extension; failing that, they may cancel and receive a full refund within 14 days.
8.6 Tracking: Orders can be tracked via the carrier or the Customer’s account.
8.7 Receipt: The Customer must check the package and goods upon delivery and issue any reservations within 3 working days.

Article 9 – Right of Withdrawal

The Customer has 14 calendar days from receipt to withdraw without justification.

To exercise this right, the Customer must notify the Seller (by account, email, or letter) and return the Goods in perfect condition and original packaging within 14 days.
Return costs are borne by the Customer.
Refund (including standard delivery) will be made within 14 days of withdrawal notification or upon proof of return.

Article 10 – Legal Warranties

The Seller is bound by the legal warranty of conformity (Articles L.217-3 et seq. of the Consumer Code) and the warranty against hidden defects (Articles 1641–1649 of the Civil Code).

  • 10.1 Conformity: Two-year period from delivery. The Customer may request repair or replacement.

  • 10.2 Hidden Defects: Two years from discovery of the defect, with an option for refund or price reduction.

  • 10.3 Contact: eshop@bigmammagroup.com

Article 11 – Liability and Force Majeure

The Seller is liable for obligations except in cases of force majeure (Article 1218 Civil Code).
If the event lasts beyond 30 days, either Party may terminate the Order without compensation.

Article 12 – Customer Service and Mediation

For any inquiry or complaint:
BIG MAMMA, 36 rue du Sentier, 75002 Paris, France
Email: eshop@bigmammagroup.com

In case of unresolved disputes, the Customer may contact:
CM2C
49 rue de Ponthieu, 75008 Paris
Tel: 01 89 47 00 14
https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

Or the EU platform: https://ec.europa.eu/consumers/odr.

Article 13 – Personal Data

Personal data is collected by MAMMA 16 to process Orders, manage accounts, respond to requests, and produce statistics.

Data is retained only as long as necessary, unless otherwise legally required.
Access is limited to Seller staff and subcontractors bound by confidentiality.

The Customer has rights of access, rectification, deletion, limitation, opposition, and portability, exercisable by contacting:
BIG MAMMA, 36 rue du Sentier, 75002 Paris, France
Email: privacy@bigmamma.com

They may also contact the CNIL (www.cnil.fr) or register on the Bloctel anti-solicitation list (https://conso.bloctel.fr/).

Article 14 – Intellectual Property

The Seller’s brand, illustrations, images, and logos appearing on Products, accessories, and packaging remain the exclusive property of the Seller.
Any reproduction or use without prior written consent is strictly prohibited.

Article 15 – Governing Law and Jurisdiction

These GTC and related transactions are governed by French law.
Any dispute shall fall under the exclusive jurisdiction of the competent French courts of the Seller’s registered office, unless mandatory legal provisions state otherwise.