Terms of sale
1) Application and enforceability of the general conditions of sale
These general conditions of sale are systematically sent or given to each buyer to enable him to place an order. Consequently, the fact of placing an order implies the buyer's full and unreserved acceptance of these general conditions of sale, to the exclusion of all other advertising documents or catalogs issued by So Mush Organic, the latter having only an indicative value. Any contrary condition opposed by the buyer cannot, in the absence of express and written acceptance of the company So Mush Organic, only be unenforceable against the seller regardless of when it has been brought to his attention. Moreover, it can never be presumed that the seller has waived the right to avail himself of these general conditions of sale.
The prices and terms of payment are always available to the buyer who requests them. In the event of modification of these conditions, So Mush Organic will inform its customers of the content of the modified conditions.
Contracts concluded on our website (data relating to your order and GTC in force on the day of your order) for an amount greater than 120€ are archived for a period of 10 years. You can access the archived contracts by making a request by email via our contact form or by post to the following address: So Mush Organic - 5 Avenue Carnot 91300 Massy France.
3) Placing of orders
Orders are not definitively recorded until they have been confirmed in writing. So Mush Organic is only bound by orders taken by its representatives, sellers or employees subject to written and signed confirmation. The benefit of the order is personal to the buyer and cannot be transferred without the agreement of So Mush Organic.
Any modification or cancellation of an order requested by the buyer can only be taken into account if it has been the subject of receipt by our company of a signed writing, which must imperatively be received before the ordered products are shipped.
The contract will be, in application of the provisions of the Civil Code, concluded from the second click of order, by which you will have confirmed your shopping cart after having been able to correct it.
4) Purpose, terms and delivery times
So Mush Organic reserves the right to make any useful modification to its products or their formulation at any time, without any obligation to modify the products that it has already delivered previously or that are in the process of being ordered. It also reserves the right to make any modification at any time without prior notice to the product formulas defined in its advertising documents or catalogs.
Deliveries are made either by direct delivery of the product to the purchaser, or by simple notice of availability, or by delivery to a shipper or carrier.
Upon receipt of your payment, our team normally prepare your order the same day or the next working day. Orders placed on weekends are prepared on Monday unless out of stock.
For mainland France, Corsica and Monaco, packages are shipped by Colissimo for home delivery, the preparation time is normally of 2 days, and the delivery time is normally of 4 days. The buyer undertakes to take delivery within 14 days of the notice of provision. This period expired, the seller will hold the purchaser as required to pay the cost and the shipping of the products.
Deliveries are made according to availability and in the order of the orders. So Mush Organic is authorized to make total or partial deliveries. The delivery times are indicated as exactly as possible but depend on the possibilities of supply or production, or even the possibilities of the carrier. Exceeding delivery times may not give rise to damages or deductions, nor to cancellation by the purchaser of orders in progress. In any case, delivery on time can only take place if the buyer is up to date with his obligations to So Mush Organic, whatever the cause.
It is up to in case of damage or failure to make all necessary findings and to confirm its reservations by extrajudicial documents or by registered letter with acknowledgment of receipt to the carrier or the delivery service as soon as possible after receipt of the merchandise.
Without prejudice to the arrangements to be made vis-a-vis the carrier, complaints on apparent defects or on the non-conformity of the product delivered in relation to the order placed or to the dispatch note, must be formulated in writing within 14 days following receipt of said products. The complaint must be justified by all documents attesting to the reality of the defects or anomalies observed in order to allow So Mush Organic to carry out the necessary checks and to provide the most appropriate responses.
So Mush Organic is bound by the strict guarantees set by the law and the regulations in force without any other extension.
Defects and deterioration caused by natural wear and tear, external accident, modification or / and mixing of the product not foreseen or not specified by the seller, the act of any third party, the buyer or of the victim themselves are excluded from any guarantee. Moreover, in the event of return of the product by the purchaser, any merchandise "opened", "in bulk", or defeated of its protective bags or its packaging will be returned in the state and cannot be supported.
The products are supplied at the prices in effect on the day of delivery. The price of the products is indicated on the product sheet. This price does not include delivery costs and is indicated in value including VAT.
The price of the product cannot be modified by So Mush Organic, once the order has been placed by the customer.
Shipping costs are payable by the customer, unless otherwise stated. Any tax, duty, duty or other service to be paid in application of French regulations or those of importing or transit countries are billed to the buyer.
The terms of payment are as follows, except specific stipulations between the buyer and the seller: payment by credit card when ordering.
In the event of deferred or term payment constitutes a payment within the meaning of these presents not the delivery of a commercial paper or a check but their payment on the set due date.
Without prejudice to any other course of action, the seller may suspend all orders in progress in the event of non-payment of all sums for which the buyer remains debtor. Any amount not paid on the due date will automatically and without prior notice, by way of derogation from article 1153 of the Civil Code, give rise to the payment of late interest calculated on the basis of one and a half times the legal interest rate. In the event of a persistent default of payment after eight days after an unsuccessful formal notice, the sale will be terminated by operation of law and the seller may, if necessary, take advantage of this termination. He may request summary proceedings for the return of the products without prejudice to any other damages or demand payment for the goods by any legal means.
When payment is in installments, the non-payment of a due date immediately entails the enforceability of the entire debt without formal notice. In the event of partial payment or non-payment of one or more of the invoices issued to the customer, any subsequent payment made by the purchaser will be charged by priority to the oldest unpaid invoice of the debtor, and so on until 'final clearance of all arrears. Promotional products will be invoiced at the normal selling price for the part representing shipping costs.
In case of payment by credit card, the debit will take place immediately after validating the payment.
9) Title retention
The seller retains ownership of the goods delivered until actual payment of the full price to be paid in principal and ancillary. Failure to pay any of the deadlines may result in the claim of the goods.
In the event of a dispute, only the commercial court of Evry will be competent.
10) Right of withdrawal
Right of withdrawal description:
As a customer, you have a right of withdrawal allowing you to return your package to us in order to be reimbursed subject to compliance with the terms of exercise of the right of withdrawal described below.
You do not have to provide a reason to exercise your right of withdrawal. You will not incur any penalty.
Procedures for exercising the right of withdrawal:
You have 14 days to exercise your legal right of withdrawal from receipt of the products. If the 14-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
In order to exercise your right of withdrawal, you can make your request for withdrawal by email or by sending formal letter to the following address:
So Mush Organic
5 Avenue Carnot
Please note the following details for the cost of returning the product:
- In the event that the return is linked to an error on our part, we bear the cost of the return.
- In the event that you return the product to us voluntarily, the return costs are exclusively your responsibility. Returned product(s) must be in resalable condition.
You can give us the reasons for your return in order for us to improve our customer experience:
- The product received does not correspond to the one you ordered
- Your order arrived incomplete
- Your order arrived too late...
You then have 14 days to return the product to us at the following address:
40 rue des Perrins
49130 les Ponts de Cé
Your order will be reimbursed after receipt of your package and no later than 14 days from the date on which you exercised this right. Upon receipt and processing of your package, we will inform you by email that the return has been registered by our returns department and we will make your refund by crediting your account directly.