General Terms and Conditions of Sale

Who we are

Name: ASSOCIATION MAMA COCA

Registered office: 3557 route du plateau d’Andey, 74130 Bonneville, France

Telephone: +33 661 16 41 07 / +41 78 909 76 95

Email: info@mamacocashop.org

Registration number: 744004255

Registration date: February 11, 2003

President: Maria Mercedes Moreno

Publication and Shop Manager: Mónica Lalinde

Website Hosting: https://www.infomaniak.com/en/support/contact, +41 22 820 35 44 (Monday to Friday 6AM to 5:50PM CET)

Preamble

The site MamaCocaShop.org is administered and published by Mama Coca Association. It shares the same philosophy as its creator and acts as its exclusively authorized distributor to sell a selection of its branded items. Currently the website is only available in English.

The purchase of any item available on our e-shop MamaCocaShop.org (the Shop) is subject to the present General Terms and Conditions of Sale (the GTCS). The Shop reserves the right to amend and update the GTCS at any time. This current version is dated August 16, 2018.

The purchase of goods from the Shop with the sole intent of future resale for profit is strictly forbidden, the Shop is reserved for private individuals. Please contact us at info@mamacocashop.org for resale information.

Prior to making an order on our Shop, you will need to confirm your acceptance of the current General Terms and Conditions of Sale.

Prices of Items

The prices of the Shop items are stated in Euros, per item or set of items, excluding VAT (VAT exemption, Art. 293 B of the French General Tax Code). The total amount of your order will vary depending on the delivery price.

The Shop reserves the right to modify at any time and without previous notice the prices of items available for purchase. Items are sold on the basis of the prices at the time the order is confirmed, subject to stock availability. The order price is payable in full in one payment.

If a particular item within an order of several items is unavailable, we will refund the relevant price of said item and associated shipping costs, if any.

Any and all custom fees related to your shipment, if any, will be at your own expense. See the Customs Duties section for more details.

Warranty

All items are sold with a one-year warranty that covers the parts, material and handcrafting. Misuse of an item resulting in the loss of the item’s qualities is not covered by our warranty.

Products sold on the Shop are subject to the legal warranties pertaining to the rights of the consumer outlined in articles 1641 & 1648 of the French Civil Code, as well as articles L 211-4, L 211-5 and L 211-12 of the French Consumer Code.

For your reference only, translations of excerpts of the French Civil and Consumer Codes:

  • Article 1641 of the French Civil Code: The seller shall be responsible for hidden defects in the sold goods which make these unsuitable for the use for which they were intended, or which restrict this use to such an extent that the buyer would not have purchased the goods, or would have offered a lower price for them, had he or she been aware of this.
  • Article 1648 of the French Civil Code: Any action in connection with substantial hidden defects must be pursued within two years of the date on which the defect was discovered.
  • Article L211-4 of the French Consumer Code: The seller is bound to deliver a product in compliance with the contract and answers for any non-conformity that exists upon delivery. The seller also answers for non-conformity due to packaging or instructions for assembly or installation for which it is responsible by virtue of the contract, or which it executes under its own responsibility.
  • Article L211-5 of the French Consumer Code: To comply with the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labeling; 2. Have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
  • Article L211-12 of the French Consumer Code: Any action in connection with the non-compliance of delivered goods must be pursued within two years of the date on which the goods were delivered.

 

Representation and Availability of Items

Our products are unevenly unique!

Pictures may not show the actual size on your screen, please refer to the measurements on the item’s description for the actual size. Do contact us with any questions or concerns; we want our customers to be happy with their purchases!

Variations in the representations of items can occur from time-to-time as a result of technical restrictions. Consequently, Mama Coca cannot be held responsible for errors or inaccuracies of the photos or graphic representations on the Shop. Should you have questions about an item get in touch with our Customer Service team, either by e-mail at info@mamacocashop.org, or by phone, at +33 (0) 661 16 41 07 or +41 78 909 7695.

The offer of items at set prices is valid for as long as they are visible on the Shop, while stocks last. Occasionally, modifications and errors can occur, usually as a result of simultaneous orders of a given item being processed on the Shop. In the event of an item becoming unavailable after your order is processed, we will inform you as soon as possible by e-mail or telephone, and will offer you another item from the Shop as a suitable replacement or the opportunity to cancel the order and receive a full refund.

The Shop incurs no responsibility in case of shortages of stock or unavailability of an item and reserves the right to change any and all proposed items at any time without previous notice.

Purchase Orders

The Shop enables customers to purchase on-line a range of Mama Coca branded products through the Internet, from France. The online order constitutes the buy/sale contract after placing the items in the cart, the customer proceeds to the payment.

Once you validate your order, it is ready for packaging and dispatch and it cannot be further modified or cancelled otherwise than in accordance with the present GTCS or your statutory rights as a consumer. The validation of your order on the Shop cart implies your full acceptance of our present General Terms and Conditions of Sales (GTCS).

Mama Coca Shop will send a summary of your order and receipt of payment by e-mail, and an invoice will be shipped with your order.

In cases of dispute, the data recorded by the Shop through WooCommerce constitutes irrefutable proof of all transactions between the Shop and its customers.

The Shop reserves the right to cancel the order of a customer with whom we have been in dispute regarding previous orders if we reasonably consider that a customer has violated the current GTCS or that they have undertaken fraudulent activity of any sort, or for any other justifiable motive.

Payment

The Shop accepts payments through PayPal or bank transfer; in Euros only ensuring the customer covers the bank transfer costs.

Property

The purchased items remain the property of Mama Coca until full payment and delivery.

All the elements (drawings, models, illustrations, images, sound tracks, texts, logos, and branded merchandise) that constitute the Shop remain the exclusive property of Mama Coca. It is forbidden to reproduce, whether entirely or partially, to distribute, to publish, to pass on, to modify or to sell all or any of the content of the Shop, or to create work that seeks to imitate this one.

The brand Mama Coca, as well as all other trademarks and logos connected to it (whether displayed or not on the Shop) and the domain names mamacoca.org and mamacocashop.org are and will remain the exclusive property of Mama Coca. Any reproduction, distribution, transmission, modification or use of these trademarks without the express permission of Mama Coca, regardless of the purpose or motive, is forbidden.

It is forbidden for any individual to eliminate any notice of copyright, trademark or other exclusive logos from the Shop or any of the content that appears there. Users can make a single copy of any of the Internet pages published on the Shop solely for their private and personal use but not for commercial usage, under the provision that any copy made of respective Internet pages retains all the aforementioned copyrighted & exclusive logos and trademarks.

Processing, Shipping and Delivery

Your order is generally processed in 48 hours from Monday to Friday (except in rare occasions) and can be shipped to any of the countries available from the cart. Orders are sent to the delivery address provided during the order process. For security reasons, the Shop only ships orders to physical addresses (no post office box or Cedex) and uses tracking mail.

Any package lost or misplaced will result in a full refund. However, the Shop is not responsible for the eventual loss of your package by the carrier.

Delivery is done in full, any unavailable products at the time of your order will be neither charged nor shipped: if one of your items is out of stock, we will contact you by email.

Transportation Costs

The transportation costs are calculated automatically through the cart, depending on the weight of the full order and the country of destination.

Delivery Timelines

The average delivery times are:

  • for France 2 to 3 days,
  • for Europe 3 to 5 days,
  • for the rest of the world 5 to 12 days.

The customer must check all items when received, at the time of the delivery, and contact our Customer Service by e-mail at hotline@mamacocashop.org, or by phone at +33 (0) 661 16 41 07 or +41 78 909 7695, if any problem arises (an opened package, damaged items, defects, etc.), as soon as possible. The Shop will not consider any complaints relating to purchased items more than 15 calendar days beyond the delivery date.

If you are not completely satisfied with the chosen items, you are able to return them in accordance with the conditions set out in the section Returns and Exchanges.

Customs Duties

Any order for which the country of delivery is outside of mainland France may be subjected to custom fees imposed by the regulations of the country of delivery. These fees are the customer’s expense. The Shop is not required to check and inform clients about customs duties and taxes. The customer should check with the relevant authorities of his country before placing an order. In case the customer refuses to pay customs duties and taxes, any requested and taxed amounts to the Shop to get the order/parcel back will be deducted from the amount refunded to the customer.

Returns and Exchanges

We want to ensure the utmost satisfaction and peace of mind to our clients’ purchase, so if for some reason you are not fully satisfied with your purchase, do contact us at info@mamacocashop.org. Mama Coca Shop does not offer refunds but we do consider replacements for changing sizes or items.

We will gladly exchange a defective item or an item that doesn’t work for you up until 14 calendar days after its delivery, please contact us within 2-3 days of receiving the product at hotline@mamacocashop.org.

Authorized returns shipping costs will not be refunded and the item must be shipped back, within 7 days of receiving it, at the address provided by the Customer Service, by tracking mail, in its original package/parcel. The customer might also be asked to pay shipping each way for exchanges.

Due to hygiene considerations, earrings cannot be returned nor exchanged, except for defective pieces.

Fraud Prevention

The Shop reserves the right to verify the identity of the customer before shipping the order by all means necessary, including but not limited to: requesting a valid ID copy or an address proof.

In case of fraud or suspected fraud, the Shop reserves the right to remove any member without notice or compensation.

Limitation of Liability

You use the Shop at your sole and entire responsibility and discretion.

Mama Coca cannot be held responsible for direct or indirect harm of any sort, in particular, material harm, loss of data or programs, financial loss, which result from the either the use of the Shop or of sites with which it is linked, or from the purchase of goods available for sale on it.

Statutory Rights, Disputes and Mediation

The present General Terms and Conditions of Sale are governed and interpreted according to French Law without taking into account principles of conflicting international laws. The application of the United Nation Convention pertaining to contracts regarding the international sale of goods is hereby expressly rejected. In cases of dispute, the French courts have exclusive jurisdiction and the customer is called to recognize and accept their exclusive jurisdiction. Mama Coca reserves the right to acquire and to obtain injunction or ruling for the defense of its rights in accordance with the present article.

In the event of a dispute, and in accordance with the provisions of the French Consumer Code concerning “the process of mediation of consumer disputes”, you have the right to access the mediator of Mama Coca Shop: Maria Mercedes Moreno, mamacoca@mamacoca.org. This mediation procedure can only be triggered if the Customer Service of the Shop has not responded satisfactorily to your request. Mediation is meant to seek and propose an amicable and personalized solution to a conflict between you and the Shop.

Personal Data Protection

All the information you entrust us to process to your orders is used and kept as per our Privacy Policy, in compliance with the European GDPR (General Data Protection Regulation).

Under French Law No. 78-17 of January 6, 1978, you have the right to rectify, consult or modify and delete the data you provided.