General Terms and Conditions of Sale and Use

OF THE WEBSITE WWW.ESHOP.BIGMAMMAGROUP.COM

BETWEEN:

The company MAMMA 16, a simplified joint stock company with a share capital of 1,000 euros, 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”,

On the one hand,

AND

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

Preamble

The Seller’s business activity is the sale of new tableware under its brand.

The Seller markets the aforementioned goods in particular through this website. The list of goods offered for online sale can be consulted on the Website. The Parties agree that their relationship shall be governed exclusively by this contract, to the exclusion of any other terms and conditions previously available on the Seller’s Website. The Seller reserves the right to amend these GTC at any time by publishing a new version on the Website. The applicable GTC are those in force on the date the Order is validated. The Parties agree that the photos of the Products for sale on the Website have no contractual value.

Article 1 – Definitions

“Item”: the Good(s) which are the subject of the Order.

“Good”: any product offered for sale on the Website.

“Order”: request for Goods placed by the Customer with the Seller.

“General Terms and Conditions of Sale” or “GTC”: these general terms and conditions of sale.

“Contract”: this document, including its preamble and annexes as well as any amendment or renewal.

“Delivery Period”: the period between Validation of the Order and Delivery to the Customer.

“Delivery Costs”: the costs incurred to ship the Order.

“Delivery”: shipment of the Item to the Customer.

“Delivery Method”: any standard or express delivery method offered on the Website at the time of the Order.

“Price”: the unit value of a Good, inclusive of all taxes, excluding Delivery Costs.

“Total Price”: the total amount of the Goods ordered, inclusive of all taxes.

“All‑Inclusive Price”: the Total Price plus the Delivery Costs.

“Website”: the online sales website https://eshop.bigmammagroup.com/fr.

“Territory”: France, the entire European Union and the United Kingdom.

“Validation of the Order”: as defined in the Article relating to the order process.

“Online Sale”: marketing of the Seller’s Goods via the Website.

Article 2 – Purpose

The purpose of this Contract is to define the rights and obligations of the Parties in the context of the Online Sale of the Goods offered for sale by the Seller to the Customer via the Website.

Article 3 – Scope

These General Terms and Conditions of Sale apply to all sales of Goods by the Seller carried out via the Website and are reserved solely for consumers, within the meaning given by law and case law, acting exclusively for their own account.

The Seller provides the Customer, in a clear and comprehensible manner, with the information provided for in Articles L. 111‑1 et seq. of the French Consumer Code, as well as that provided for in Articles L. 221‑5 and L. 221‑11 of the same Code, before and after the conclusion of the sale, in particular by means of these General Terms and Conditions of Sale.

The Customer declares that they have read these General Terms and Conditions of Sale before Validation of the Order as defined in the Article relating to the order process. Validation of the Order constitutes acceptance of these General Terms and Conditions of Sale without restriction or reservation.

These General Terms and Conditions of Sale apply to Orders placed for Delivery within the Territory, as defined in Article 1.

Article 4 – Entry into force and Term

This Contract enters into force on the date of Validation of the Order as defined in the Article relating to the order process.

The Contract is concluded for the period necessary for the supply of the Goods, until expiry of the guarantees and obligations owed by the Seller.

Article 5 – Ordering Goods and Stages of Conclusion of the Online Sale

To place an Order, the Customer must follow the following steps:

1. Select the Goods of their choice and add them to their basket.

2. Create a customer account or log in to their existing account.

3. Check the details of the Order and, where appropriate, correct any errors.

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

5. Follow the instructions of the online payment server to pay the All‑Inclusive Price.

The Customer then receives by electronic means a confirmation of acceptance of payment for the Order, an acknowledgement of receipt constituting confirmation of the Order (“Confirmation of the Order”), and a confirmation of dispatch of the Order. Delivery will take place at the delivery address indicated by the Customer when placing the Order.

The Seller undertakes to fulfil the Order only within the limit of available stocks. If the Goods are unavailable, the Seller will inform the Customer.

In accordance with Article L. 121‑11 of the French Consumer Code, the Seller reserves the right to refuse any Order that is abnormal, placed in bad faith or for any other legitimate reason, in particular in the event of a dispute relating to payment of a previous order.

Article 6 – Price of Goods and Validity

The Price of the Goods sold on the Website is indicated in euros, inclusive of all taxes, and excluding Delivery Costs. At the time of Validation of the Order, the price payable is the All‑Inclusive Price.

The validity period of offers and Prices is determined by updates to the Website. The Seller reserves the right to change its prices at any time, while guaranteeing the Customer application of the Price indicated at the time of Validation of the Order.

Article 7 – Payment Terms

Payment of the All‑Inclusive Price by the Customer is made using one of the following means of payment:

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

• by Apple Pay

• by Google Pay

The transaction is immediately debited after verification of the data transmitted and receipt of the debit authorisation.

In accordance with Article L. 132‑2 of the French Monetary and Financial Code, the commitment to pay made by means of a bank card is irrevocable. By providing their banking information when placing the Order, the Customer authorises the Seller to debit their card for an amount corresponding to the All‑Inclusive Price. To this end, the Customer confirms that they are the holder of the bank card to be debited and that the name appearing on the card is indeed their own. If debiting the All‑Inclusive Price proves impossible, the Online Sale will be automatically terminated by operation of law and the Order cancelled.

The Seller takes all necessary measures to ensure the security and confidentiality of transactions carried out on the Website. The banking details communicated by the Customer are protected by encryption processes and cannot be intercepted by third parties during transmission.

Payment information is never communicated to third parties other than the technical service providers responsible for managing payments, and only for the purposes of processing the Order.

As part of securing transactions, the Seller may be required to verify certain Orders. In this respect, the Seller may request that the Customer provide supporting documents necessary to validate the Order. If the Customer fails to provide the requested documents, the Seller reserves the right to suspend or cancel the Order.

Article 8 – Delivery of the Order

8.1 – Delivery Methods

The Customer chooses one of the Delivery Methods offered on the Website at the time of the Order, namely Colissimo or Mondial Relay.

8.2 – Delivery Address

The Customer chooses a Delivery address which must necessarily be located within the Territory, as defined in Article 1. The Customer is solely responsible for any failure of Delivery resulting from incomplete or incorrect information when placing the Order.

8.3 – Delivery Costs

The amount of the delivery costs is indicated to the Customer before final validation of their order. These costs vary depending on the volume of the order, the total amount of the order, the delivery method chosen and the delivery address. They are added to the price of the products to form the total price inclusive of all taxes payable by the Customer.

8.4 – Delivery Periods

The Delivery Periods are 3 to 5 working days from confirmation of dispatch of the Order by the Seller. These periods are given for information purposes only and may vary depending on the volume of Orders. In the event of a foreseeable delay, the Seller will inform the Customer by email.

8.5 – Delay in Delivery

The Seller is responsible for proper performance of Delivery of the Products, except in cases of force majeure, defined as an event that is external, unforeseeable and irresistible.

If the Seller fails to deliver the Order within the period agreed at the time of the Order, or failing that, within a maximum period of thirty (30) days, the Customer must give formal notice to the Seller, by email or letter, to proceed with Delivery within an additional reasonable period.

If Delivery has not taken place within this additional period, the Customer may cancel their Order by sending a request to customer service, via their customer account, by email or by letter. The Order will be deemed cancelled upon receipt of this request.

In such a case, the Seller will refund the Customer all sums paid, including Delivery Costs, within fourteen (14) days from the date of cancellation.

8.6 – Tracking Delivery

The Customer can track the progress of their Order via the tracking area provided by the carrier or, where applicable, via their customer area on the Website.

8.7 – Receipt of Products

The Customer must check the condition of the packaging and the Products upon Delivery. In the event of damage or a clearly damaged parcel, it is the Customer’s responsibility to make all necessary reservations with the carrier within three working days of receipt and to inform the Seller.

In the event of non‑conformity of the Products with the Order, the Customer must inform the Seller’s customer service and return the Products concerned in accordance with the procedures specified by the latter.

Article 9 – Right of Withdrawal

In accordance with Articles L. 221‑18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from receipt of the Products to exercise their right of withdrawal, without having to give any reason and without incurring any costs other than those provided for by law.

To exercise their right of withdrawal, the Customer must notify their decision to the Seller before expiry of the above period, by any unambiguous means, in particular via their customer account, by email or by letter addressed to the Seller’s customer service.

The Customer must then return the Products to the Seller, complete, in perfect condition and in their original packaging, without undue delay and at the latest within fourteen (14) days following communication of their decision to withdraw.

Return costs are borne exclusively by the Customer.

The Seller will refund the Customer all sums paid, including the initial standard delivery costs, within fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw. The Seller may defer the refund until the Products have been effectively recovered or until the Customer has provided proof of their dispatch, whichever occurs first.

The refund will be made using the same means of payment as that used by the Customer for the Order, unless the Customer expressly agrees to a different means, at no additional cost to the Customer.

Article 10 – Statutory Warranties

The Seller is liable for lack of conformity of the Products under the conditions set out in Articles L. 217‑3 et seq. of the French Consumer Code and for hidden defects in the Products under the conditions set out in Articles 1641 to 1649 of the French Civil Code.

10.1 – Legal Warranty of Conformity

The Customer has a period of two (2) years from delivery of the Product in which to act. The Customer may choose between repair or replacement of the Product, subject to the cost conditions laid down in Article L. 217‑12 of the French Consumer Code. The Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty‑four (24) months following delivery of the Product.

10.2 – Warranty Against Hidden Defects

The Customer may decide to invoke the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Customer may choose between rescission of the sale or a reduction in the sale price, in accordance with Article 1644 of the French Civil Code. The action must be brought by the Customer within two (2) years of discovering the defect.

10.3 – Procedures for Implementation

For any request relating to the statutory warranties, the Customer is invited to contact the Seller’s customer service: eshop@bigmammagroup.com

Article 11 – Liability and Force Majeure

The Seller is responsible for proper performance of its contractual obligations, except in cases of force majeure, as defined in Article 1218 of the French Civil Code, i.e. an event beyond the Seller’s control, which could not reasonably have been foreseen when the contract was concluded and the effects of which cannot be avoided by appropriate measures, and which prevents performance of its obligation.

In the event of force majeure, performance by the Seller of its obligations will be suspended. The Seller will inform the Customer of the occurrence of such an event as soon as possible.

If the impediment lasts for more than thirty (30) days, each Party may terminate the current Order without compensation to either Party. The Customer will then be refunded the sums paid for the cancelled Order.

Article 12 – Customer Service, Complaints and Mediation

For any information, question or complaint, the Customer may contact the Seller’s customer service by post at: BIG MAMMA, 36 rue du Sentier, 75002 Paris, France, and by email: eshop@bigmammagroup.com

In accordance with the provisions of the French Consumer Code concerning the consumer dispute mediation process, after having contacted the Seller and in the absence of a satisfactory response, the Customer, in their capacity as a consumer, has the possibility of using a consumer mediation procedure free of charge with:

CM2C
49 rue de Ponthieu, 75008 PARIS
Tel: +33 (0)1 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

The Customer may also use the European online dispute resolution platform, accessible at the following address: https://ec.europa.eu/consumers/odr

Article 13 – Personal Data

Certain personal information is mandatory for processing Orders. Failure to provide an answer in a mandatory field may compromise proper follow‑up of the Order.

The personal information communicated by the Customer is recorded in a computer file by the company MAMMA 16. It is used only insofar as it is necessary to:

• ensure processing and follow‑up of Orders,

• manage the customer account and access to the Website’s services,

• respond to Customer requests,

• carry out statistical analyses.

Personal data is kept for no longer than is strictly necessary for the purposes for which it was collected, unless:

• the Customer exercises their right to have their data deleted, or

• a longer retention period is authorised or required by law or regulation.

During this period, the Seller implements all means to ensure the confidentiality and security of personal data in order to prevent it from being damaged, erased or accessed by unauthorised third parties.

Access to personal data is strictly limited to the Seller’s staff and, where applicable, to its subcontractors. These subcontractors are subject to a duty of confidentiality and may only use the data in accordance with the Seller’s instructions and the applicable legislation.

Apart from the cases set out above, personal data is neither sold, rented, transferred nor made available to third parties without the Customer’s prior consent, unless required by law or for a legitimate reason (for example: combating fraud, exercising rights of defence).

In accordance with Regulation (EU) 2016/679 known as the GDPR and the French Data Protection Act (“Informatique et Libertés”) of 6 January 1978 as amended, the Customer has the right to access, rectify, portability and erase their data, and to restrict processing. The Customer may also object to the processing of their data on legitimate grounds.

These rights may be exercised, subject to proof of identity, by contacting:
BIG MAMMA, 36 rue du Sentier, 75002 Paris, France
Email: privacy@bigmamma.com

If the Customer no longer wishes to receive commercial or promotional information, they may inform the Seller via the unsubscribe link provided for this purpose in each communication, or by contacting customer service under the above conditions.

For any further information or complaint, the Customer may contact the CNIL (www.cnil.fr).

Finally, the Customer is informed of the existence of the “Bloctel” telephone canvassing opposition list, on which they may register (https://conso.bloctel.fr/).

Article 14 – Intellectual Property

The Seller’s trademark, as well as all figurative or non‑figurative trademarks, illustrations, images and logos appearing on the Products, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of the Seller.

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the Seller’s express prior consent, is strictly prohibited.

The same applies to any copyright, design, model or patent belonging to the Seller.

Article 15 – Applicable Law and Jurisdiction

These GTC and the transactions arising therefrom are governed by French law.

Any dispute relating to the formation, performance or interpretation of these GTC shall fall within the exclusive jurisdiction of the competent French courts having jurisdiction over the Seller’s registered office, unless mandatory provisions provide otherwise.

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