General terms and conditions

In connection with the use of the website www.mollybracken.com, you agree to be legally bound by all provisions featuring in this contract of use. Please read these conditions carefully. In connection with the use of this website, you warrant that you are at least 18 years-old, or that you almost have the legal age to inter into a contract with the jurisdiction with which you are viewing this website. Besides, when you are using any current or future version of this website, you are subjected to the general terms of this contract. From time to time, we can alter the general terms and conditions of this contract. Your use of the website after any modifications implies that you agree the stipulations of the modifying Contract.

Article 1 – Application scope

Those general terms and conditions shall exclusively apply to the articles offered for sale that have the brands marketed by the company GROUPE CHRINO IMPORT (hereinafter called the Company) concluded at a distance through the Company website, identified by the domain names: www.mollybracken.com (hereinafter called the Website):

-With an order taking by a non-trader natural person and not business persons, that is a customer and having his main residence in the country where he is viewing this website.

-Requiring delivery to these clients for themselves or to the third party consumer residing on the same territory as the customer.

Any articles, which have the brand of the company, and have been sold through the website is subjected to the general terms of this contract and the customer expressly agrees with it. These sales are liable to be the subject of changes and updates, the conditions applicable to the order are always those in force at the date of the order.

Article 2 – Company designation

GROUPE CHRONO IMPORT: 1659 Chemin Robert BRUN – ZA CAMP LAURENT, 83500 LA SEYNE SUR MER, FRANCE–contact@mollybracken.com RCS: 439 650 789 - TVA: FR 20439650789 - Capital: 15 540 Euros

Article 3 – Information related to the articles and limitation of liability

The information that appears on the website is as exact as possible. The company shall not be held liable for any non-substantial mistakes that could affect the products characteristics. However, the pictures and others copies of the articles are only indicative and don’t have any contract value. Most of the products appearing on the website are available in retail stores in Europe and overseas markets, according to the open stocks. In some cases, the goods for sale on the website can be not available in retail stores.

Colours – GROUPE CHRONO IMPORT, in charge of the content management, do its best to post as precisely as possible the colours of the articles that are featuring on the website. The colours that you see depend on your computer screen; however, there is no guarantee that the colours display of your screen is precise.

GROUPE CHRONO IMPORT only has, for all the steps of the website access, of the order process, of the delivery or subsequent services, an obligation of means; its responsibility can’t be liable for any harm inherent in using the internet, such as a breach in service, outside intrusion or the presence of a computer virus, or for any event deemed to fall under force majeure, as recognised by law and jurisprudence. GROUPE CHRONO IMPORT reserves the right to modify the terms and conditions at any time, without prior notice. In the event of one of the clauses of the present contract being null and void, either due to a change in legislation, or a change in the rules or by decision of justice, this would have no effect on the validity and the respect of the present general sales terms and conditions nor reconsider the validity of others clauses which will continue to apply.

Article 4 – condition of the articles order

4.1 To place an order on the website, the customer has to be legally an adult an to live in one of these following countries: Germany, Austria, Belgium, Netherlands, Luxembourg, Greece, Ireland, Great Britain, Sweden, Denmark, Portugal, Italy, Spain, metropolitan France and Finland, have the legal capacity and hold a bank card (Visa – MasterCard – Credit Card) with the exception of any other mean of payment. Orders will be accepted while stock lasts. For this purpose, the customer is informed of the planned delivery time when taking the order on the information page of the website.  If one or more items ordered are no longer available, the client will be informed by email as quickly as possible. If the ordered articles are not available anymore, the company will inform the customer by e-mail as soon as possible and will pay back the invoices price by bank transfer or will suggest a modification of the concerned articles ordered.

4.2 The company is entitled to reject any order carried out by a customer with who there is a dispute related to the payment of a prior order. If the company notices that the order doesn’t satisfy the present conditions of sale, the customer will be informed by telephone or via e-mail within a maximum of 6 days. Unless the customer contacts us to correct the error or the non-compliance with these general terms of sale, we reserve the right not to process the order

4.3 During flash sales in the Molly Bracken’s Eshop , all the items are at bargain rates, so that they can neither be taken back for any reimbursement, nor exchanged. Some items can be sold without any picture

Article 5 – Personal data privacy

It is recalled that, at the moment of the order, the company gather personal data. This information is necessary in order to process the order and can be communicated in whole or in part to the company’s contracted partners who intervene in the execution of the order. The customer is hereby informed that the same personal data may also be collected by an organisation responsible for the analysis or orders and the fight against credit and fraud. The information and data concerning our clients are required to manage the orders and the commercial relationship. According to the Data Protection Act of January 6th, 1978, you have at any time, a right of access, rectification and opposition to all your personal data. You just have to send us an e-mail, specifying your name, first name, e-mails and addresses to: contact@mollybracken.com

Article 6 – Orders placed on the website

Order taking on the website is subject to strict compliance with the procedure describes on the various screens leading to confirmation of the order.

Article 7 – Proof of order

E-mails shall constitute proof between the parties, as well as automatic recording systems used on the website, especially as to the nature and date of the order.

Article 8 – Articles prices

Unless otherwise specified, the prices posted on the website feature in Euros, Pound Sterling, Danish Krone, Danish Krona, according to the country where you are ordering and the website access; including all the taxes except registration fees.

In accordance with the practical rules and the legal regulations, any purchase made through the website is subject to the Value-Added Tax (VAT). In this respect and in accordance with the chapter I of the title 2 of Directive 2006/112/EC of 28 November 2006 on the common system of VAT, the place of delivery is supposed to be the one of the Member State at the address where the articles have to be delivered and the applicable VAT will be the one in force in each the Member State where the articles has to be delivered, in accordance with the purchase order. In accordance with the applicable rules in each country, the rule provided at the article 194 of Directive 2006/112 can be applied to the provided goods in some Member State of the United State if the consumer is or has to be subjected to the VAT. In this case, we don’t invoice any VAT, subject to the confirmation of the delivered addressee that the VAT on the articles will enter into the account of the consumer according to the procedure under article 194 above-mentioned.

The prices invoices are those ruling at the date of the order. The amount of delivery charges for the order will be displayed automatically on the Site upon validation of the delivery method chosen by the client and will be given again to the client upon confirmation of the order by e-mail. Discount vouchers that you can use on our website, are valid only once per individual and per post mail. We allow us to cancel orders done with discount vouchers.All voucher has a minimum purchase of 20 euros The confirmation of the paid price and of the delivery fees under his responsibility in a form of a bill with the currency Euros, Pound Sterling, Danish Krone, Danish Krona, is at the disposal of the customer on his personal account through the website.

The voucher for Halloween parties, a minimum purchase of 100 € and only for products of the collection Winter 2015, Chrono Import reserves the right to cancel orders that use this voucher during the period from 10.24.2015 to 01.11.2015.

Terms of the gift card € 35 = € 50

The company Chrono Import reserves the right to cancel any order related to the use of the gift card. The gift card can only be used on the eshop molly bracken, www.mollybracken.com.

the gift card is unique and can be used with the email address entered during the purchase of the gift card. the use of the gift card is done once and can not be re-usable.

Article 9 – Payment conditions

If, for any reason whatsoever (objection, refusal of the cost centre…), the debit of the owed sum by the customer would be impossible, the order would not be registered by the company. The owed sum by the customer is the amount indicated on the order confirmation, sent to the customer by e-mail. Payment by bank card over the internet shall be made immediately, unless the server is unavailable.

-Credit card or Visa card

-PayPal account: the customer will be automatically guided on his PayPal account. Once the PayPal payment validated, the order is completed. In any case, GROUPE CHRONO IMPORT reserves the right to refuse any order or delivery in the event of an existing dispute with the customer, of total or partial non-payment of a prior order by the customer, of a refusal of payment authorization by card or cheque of financial institutions, use of a bank card not delivered by a French financial institution. In this respect, the legal liability of GROUPE CHRONO IMPORT could not be involved.

In the event of fraudulent use, Molly Bracken reserves the right to cancel the voucher and associated controls.

Article 10 – Transactions security

Mollybracken.com chose Credit Agricole (French bank) as partner and its secured payment interface. While placing an order, you will automatically be redirected to the Credit Agricole interface. This information will be encrypted by the security system “Secure Socket Layer” (SSL technology).  At no time Mollybracken.com has your personal financial information.

Article 11 – Delivery

Delivery will occur only if the full amount due has been paid. Products will be delivered at the address given by the customer. Packages are dispatches with the delivery order to the address given by the customer while ordering.

Except in sales period or special offers, all validated orders will be dispatched the next working day. In case of an unusual delay with the delivery order, you will receive an e-mail. In sales period or special offers, the orders are dispatched between 2 and 12 days.

During special offers where shipping is free, it is possible that deliveries abroad (outside Euro zone and destination resulting additional costs) are paid to provide quality services to transport more than adequate.

11-1 The process of the deliveries in metropolitan France:

-By Chronopost with two options to choose:

1 – Express delivery at home

Package delivered the day after, before 13pm, at your chosen address. The period starts the day of the receipt of the package by Chronopost, for a delivery in metropolitan France. In case of absence, the package will be put into pending in the closer post office.

2 – Express delivery in Pickup post house

Package delivered in Chronopost the next day after 13pm in the Pickup post house that you want. You will be informed by e-mail or text message that your package is arrived. The period starts the day of the receipt of the package by Chronopost

11 – 2 Deliveries toward Europe:

-By FedEx International Priority

EUROPE                                              Package delivered the next day before midday or during the day

UNITED STATES                                               Package delivered during the day

CANADA                                             Package delivered the next day before midday

LATIN AMERICA                              Package delivered within 1 or 2 days toward the mains economic centre

ASIA – MIDDLE-EAST – INDIA    Package delivered within 2 days toward the mains economic centre

AFRICA – OCEANIA                        Package delivered within 2 or 4 days toward the mains economic centre

We ask you not to accept a damaged package (envelope or cardboard showing visible signs of opening and/or deterioration): you must refuse it. Indeed, the packages that leave GROUPE CHRONO IMPORT warehouse are perfect and have to be delivered like this. If a damaged package has been put into your inbox or if the watchman has accepted it, the package is considered as “accepted as it stands”. If no reservation has been made, we will not be able to take into account the eventual disappearances nor to favourably answer to a claim for compensation.

GROUPE CHRONO IMPORT declines all liability in case of a delivery time too long because of the postal services or of the means of transport, as well as in case of a loss of the ordered goods of strikes. Transports hazards are shouldered by the customer, who has the option to address a complaint to postal services or the carrier company, within three working days of the originally stated delivery date.

Despite of the care brought by GROUPE CHRONO IMPORT to the preparation of the orders, it is possible that a product is missing in this one. Likewise, after transporting the package, one of the products may be defective. That’s why, when he receives an order, the customer has to check the compliance of the received products. Any discrepancy concerning the delivery (missing or broken products, damaged package) will necessarily be notified, the same day of receipt or no later than the first working day following arrival of goods, to the customer service of GROUPE CHRONO IMPORT by registered mail (addressed to GROUPE CHRONO IMPORT: 1659 Avenue Robert BRUN – ZA CAMP LAURENT, 83500 LA SEYNE SUR MER, FRANCE). No claim made after this period will be accepted and GROUPE CHRONO IMPORT shall not be held liable in respect thereof. GROUPE CHRONO IMPORT is entitled to ask the customer to return the defected product. If the above conditions are met, GROUPE CHRONO IMPORT will then give the customer a credit voucher to repay the defective product, or return the missing product (subject to the merits of the customer)

11 – 4 Public holidays in the course of which our customer services and dispatches are closed:

-January, 1st - New Year’s Day

-Easter Monday

-May, 1st – Labour day

-May, 8th – 1945 victory

-Ascension Day

-Whit Monday

-July, 14th – National day

-August, 15th – Assumption

-November, 1st – All Saints Day

-November, 11th – 1918 armistice

-December, 25th – Christmas day

Article 12 – Right of withdraw and returns of articles

In accordance with the provisions of the following articles L121-20 et seq of the Consumer Code, the customer has a right of withdraw that he can use, without any reason, within 14 clear days from the delivery of the article.

Send your returns to

GROUPE CHRONO IMPORT

ZA CAMP LAURENT

1659 Avenue Robert Brun

83500 LA SEYNE SUR MER

FRANCE

tel : 04 94 94 97 80

In any cases, the returns fees shall be borne by the customer. The repayment of the invoices price of the returned goods will be paid, with the exception of the cost of returning products which remain to be borne by the customer, by cheque or bank transfer within 30 days after the delivery of the returned articles, by the Company. Any article that is not receipt in good conditions to be sold will not be repaid. In case of complaint, you can contact us by mail: GROUPE CHRONO IMPORT: 1659 Avenue Robert BRUN – ZA CAMP LAURENT, 83500 LA SEYNE SUR MER, FRANCE, or by e-mail contact@mollybracken.com

Article 12-1: Return of article during year’s end celebration

Concerning the purchases you ordered during December, the delivery time is extended to 01/10/13.

Please accompany your return with an invoice copy.

Article 13 – Conformity – guarantee

As soon as the articles are delivered, the customer has to make sure that they tally with his order.

Exchange and repayment in case of non-conformity of the order. Within 7 days, the customer will have to inform GROUPE CHRONO IMPORT by e-mail to contact@mollybracken.com from any non-conformity in the order. After agreement of the Company, the customer will have to return the concerned articles in their original package, in perfect conditions, complete (accessories, instructions, guarantee…) and accompanied with a copy of the invoice and addressed to GROUPE CHRONO IMPORT: 1659 Avenue Robert BRUN – ZA CAMP LAURENT, 83500 LA SEYNE SUR MER, FRANCE. It will be for the customer to keep a proof of the return, which implies that the articles have to be returned by registered mail or any other means that give the date of the delivery. In case of a mistake of the Company on the order or the delivery of a defected article, we shall pay the return costs. In any other cases, the returns cost shall be borne by you. GROUPE CHRONO IMPORT will carry out the exchange or the repayment of the defected articles depending on the buyer’s wish. If exchange is not possible, the repayment of the non-conform articles will be done by bank card re-credit, within 30 days following the receipt, by GROUPE CHRONO IMPORT including delivery fees if the whole order is defective.

Notwithstanding any specific guarantee conditions that may be given to the client upon delivery of the article, the company’s articles are subject to the legal directive 1999/44/EC of the European Parliament and or the Council.

Article 14 – Intellectual property right

The website remains the sole property of GROUPE CHRONO IMPORT, which has created and published the internet pages, images, scripts and its database. The services and all tools used by GROUPE CHRONO IMPORT in connection with the services contain confidential information that is protected by intellectual property laws. Any partial or whole reproduction or representation for any other use on any media whatsoever is forbidden, except for prior and express authorisation by the company GROUPE CHRONO IMPORT acting is its quality of author modify, integrate the technical elements of the services in a by-product or to use any other method to try to access to source code or protocol. Failure to comply with this prohibition shall be deemed an act of counterfeiting which may incur the perpetrator’s civil or criminal liability against which GROUPE CHRONO IMPORT reserves the right to claim indemnification for all damages. You also recognise that all the contents present on the website of GROUPE CHRONO IMPORT, are protected by copyright, trademarks, patents, or any other intellectual property right under national law in force.

Article 15 – Disputes – choice of law and jurisdiction

French Lax shall govern the present General Terms in all respects. Any dispute arising out of the interpretation will be submitted to the appropriate court.

NOTES

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