Purpose of the contract
In accordance with what is stated during the order process, use of the Website, implies acceptance of these conditions. When a Client opens an account, he/she will also be asked to expressly confirm his/her acceptance of the general conditions. These general conditions may be amended at any time by Modernmolecule, as a result of changes to applicable regulations, technical restrictions and its own requirements. New conditions shall be effective as soon as they are published on the Website. The applicable general conditions shall be those which are in force on the date on which payment for the relevant Order is made (or on the date of the first payment should there be multiple payments). The Client must tick the box acknowledging his/her acceptance of the conditions applicable at the time of his/her visit to the Website, failing which, said Client will be unable to finalise his/her Order. To ensure full disclosure, Modernmolecule will alert users to any update of the general conditions. These general conditions apply to all contractual commitments which have been entered into remotely. Any clause which contradicts these general conditions shall only be effective if Modernmoleculehas given its prior written approval thereto. Any party which contracts with Modernmolecule hereby waives its right to claim that its own general conditions prevail over these general conditions.
Should any of the provisions of these general conditions be cancelled or found to be invalid, then such cancellation or invalidity shall not affect the validity of the remaining provisions. The relevant cancelled or invalid provision shall be replaced by another provision which shall, as much as possible, mirror the aim, meaning and overall economic value of the cancelled or invalid provision, without itself being illegal, invalid or impossible to perform. The parties agree to negotiate the replacement provision in good faith. In the event that a clause may be lacking, then the customary practices applicable to distance selling in Portugal, where Modernmolecule has its registered office, shall apply. Any failure to apply one or more of these general conditions shall not be deemed a waiver of the relevant condition(s) by the Client.
The Client hereby declares that he/she has taken these General Conditions of Sale under consideration, as well as the Specific Conditions of Sale relating to a specific product or service, if any, and he/she accepts them unconditionally. The Client acknowledges that he/she used all the available information and advice so as to ensure that the relevant offer met his/her requirements and that prior to passing his/her Order, he/she took the time necessary to compare the offer to similar or equivalent offers. The Client declares that he/she is legally authorised to enter into contracts under Portuguese law, or is duly authorised to represent the corporate entity or individual on behalf of which he/she is entering into such contracts. Unless evidenced otherwise, information which has been registered by the Company shall constitute proof of all and any transactions.
The services proposed by Modernmolecule on its Website, through the sale of products, shall hereinafter be referred to as the “Modernmolecule Services”. The person wishing to acquire the Modernmolecule Services shall hereinafter be referred to as the “Client” or the “Purchaser”. If such client is an individual who is purchasing the Modernmolecule Services exclusively for his/her personal use, then he/she shall hereinafter be referred to as a “Customer”. Each order placed by a Client shall hereinafter be referred to as an “Order”.
Terms and conditions of offers and prices
All relevant information for a given product, including its price, can be found on the detailed notice relevant to each product. Each price stated on the Website is in Euros and includes all taxes (including but not limited to VAT). Sales excluding VAT to Clients who are not subject to VAT are only possible if, prior to the sale, said Clients have provided all relevant supporting particulars. As regards products to be sent outside the EU and/or the French Overseas Departments and Territories, their price is automatically calculated excluding tax on the invoice. Customs duties, other local taxes, importation duties or State taxes may be due in certain cases. The Seller is not liable for such duties and taxes which shall exclusively be borne by the Purchaser (declarations, payments to be made to relevant authorities etc.). The Seller encourages the Purchaser to find out about such duties and taxes, directly from the relevant local authorities. All telecommunication costs related to the Client’s access to the Website, as well as all and any delivery charges which are calculated at the time of the Order on the basis of the delivery location and type of product, shall also be borne exclusively by the Client. The total price which the Client shall pay is expressly stated at the end of the Order process, before validation and payment of the Order. None of the Modernmolecule offers, brochures, leaflets and price lists are binding upon Modernmolecule prior to validation of the Order and as such, they can be revoked at any time and without any formalities, by Modernmolecule, prior to their acceptance by the Client. Conditional acceptance of an offer made by Modernmolecule shall be deemed a refusal of the initial offer and as a new offer which is not binding upon the Seller, even if the differences between this acceptance and the Seller’s initial offer are only minor. Photos of the products on the Website not binding. There may be slight differences in shade, tone or colour between the product presented on the Website, and the product which is delivered. Any questions regarding the pricing terms and conditions can be addressed by the Client to the email address indicated in the “Contact” section of the Website.
So as to ensure that the Order is correctly carried out, the Client shall provide reliable details of the delivery location. The Seller reserves the right to refuse any Order which results, for example, from an unusual request, or from bad faith, an Order which has incomplete or incorrect details or for any legitimate reason. Unless otherwise stated in writing or the right of cancellation is exercised, costs relating to delivery shall always be borne by the Client. Delivery of the products is at the risk of the Client and shall be effected on the first threshold unless otherwise stated in writing. Should the packaging of a product be visibly damaged, then the Client should refuse to take delivery of said package from the shipping provider and notify the commercial team at Modernmolecule within 24 hours of such refusal.
Modernmolecule ‘s delivery partner guarantees the highest standard of preparation of the parcels and a choice between the most reliable shipping providers in the world at the most competitive prices (DHL, FEDEX, UPS, TNT, CHRONOPOST…). The delivery costs are calculated directly at the checkout on the basis of the delivery location, distance, weight and volume of Modernmolecule. Payment of the delivery costs is deemed acceptance of said costs.
Packaging and insurance
Products sent out for delivery are guaranteed against damage and theft for the duration of their transportation, free of charge.
On receipt of the parcel, the Client must, in the presence of the courier or shipping provider delivering the parcel, check the state of the packaging and the compliance with the Order and all the elements thereof. In the event that there should be discrepancies between the products delivered and those that were ordered, then the Client must express his/her reservations before the courier or shipping provider leaves. Failure to do so will result in the Client being deemed as having accepted the package as is, and the liability for any visible defaults shall be borne exclusively by him/her.
If a Client refuses to take delivery of a parcel, then said parcel with all its contents, and in its original packaging, shall be returned to the shipping provider.
The Client must ensure access to the delivery site. If delivery is rendered impossible due to access issues at the delivery site which the Client did not make known to Modernmolecule at the time of the Order and the parcel is subsequently returned, then the Client shall be exclusively responsible for payment of the costs related to the shipping provider’s attempt to deliver and those related to the return of the parcel. These costs shall be automatically deducted from the total amount of the Order to be reimbursed to the Client, to the extent that such reimbursement is justified.
Absence of the Client for delivery
If delivery is made in the absence of the Client, a notification of attempted delivery shall be left by the shipping provider. Said notification will provide instructions which the Client must follow in order to obtain the relevant parcel. Modernmolecule shall not be held liable for a failure to understand or comply with such instructions.
In addition to those events which are deemed Force Majeure events by applicable jurisprudence, the following are considered events of Force Majeure which shall exonerate Modernmolecule from any liability as regards its obligation to deliver the purchased products: wars, riots, acts of terrorism, sabotage, bad weather conditions, violent storms, earthquakes, floods, lightning damage, epidemics, fires, explosions, destruction of machinery, transportation or supply chain blockages, faulty operation or suspension of electrical or telecommunications networks, blockage of electricity supply, chemical warnings, government or legal restrictions, strikes, lock-outs, sit-ins, work stoppages and any other events which are outside the control of the parties and which prevents normal performance of the contract.
All questions relating to delivery can be sent by email to the address which can be found on the “Contact” section of the Website or the App.
Terms and conditions of orders
The Client places an Order with Modernmolecule via the Website.
Once the Order has been validated, the price and the description of the products available and purchased shall be deemed to have been accepted. By placing the Order online, the Client expressly consents to enter into a sales agreement with Modernmolecule and accepts these general conditions of sale unconditionally. The Client shall receive confirmation of the Order in an email which summarises the terms and conditions of the Order.
The completion by the Client of the entire Order process and more specifically, the final validation of the Order, and the payment made by said Client, are deemed to be irrefutable proof that the Client has entered into the contract and accepted these general conditions. Such proof shall be recorded and filed for the entire period required for the implementation of the sale and the delivery, and thereafter, for such period of time as required by law for commercial transactions.
Orders shall be carried out subject to the Modernmolecule’s stock. In the event that an item should be unavailable for a period of more than 15 working days, then the Client shall immediately be informed of the estimated delivery times and shall be entitled to cancel the relevant Order simply on request. In this case, the Client shall be entitled to request a credit note or a reimbursement for the price paid. Alternatively, the Client shall also be entitled to receive a product which is equivalent to the one which has been ordered and which is not available.
Terms and conditions of payment
In order that Modernmolecule may process the Orders validated online as quickly as possible and offer the best service possible, Modernmolecule asks that the Client pays for the relevant products at the time the Order is placed.
Payment can be made through the following methods (if available on the website):
- Carte Bleue / Visa
- EuroCard / Mastercard
- American Express
- Swift transfer (a payment made in this manner is processed manually: Modernmolecule shall provide its account details to the Client by email and the processing of the Order shall be put on hold until receipt of the payment Modernmolecule’s bank account).
The price of the products is paid at the time of the Order through the EPT of the banking partner Modernmolecule uses to ensure that the Clients’ details are encrypted and then transmitted in a secure fashion to the relevant financial institutions or via card payment (Visa, Eurocard, Mastercard) with the card number, the expiry date and the visual cryptogram being used to debit the account of the cardholder via the EPT of Modernmolecule ‘s banking partner.
An order paid by card is irreversible. By providing his/her bank details at the time of the sale, the Client authorises the Seller to debit the card of the amount corresponding to the price indicated on the Order. The Client confirms that he/she is the legal owner of the relevant bank card and has the legal authority to use it. In the event of a mistake or if it is impossible to proceed with debiting the card, then the sale shall be automatically revoked, and the relevant Order cancelled. The Client is hereby informed that it is impossible to oppose a card payment which has been authorised by the card holder and that any attempt to oppose such a payment which is not justified by the fraudulent use by a third party of such card’s details, is equivalent to fraud.
Safety of electronic monetary transfers
Transactions on the Website are processed via secure bank card payment solutions for online transactions by the supplier of secure payment solutions. The security of the transactions is built upon reliable technical solutions: – the SSL protocol; 3D secure – authentification certificate PCI DSS. .
In addition to the aforementioned technical solutions, the following monetary controls are in place:
- The card number is recorded on a separate secure page which is hosted by the bank and therefore, Modernmolecule has no knowledge of the card number.
- The data is encrypted (SSL technology)
- The card number is only ever partially printed on the invoices.
Acting in its capacity as expert in payment security, the banking partner guarantees that all sensitive information is transmitted and stocked in accordance with the highest security and quality standards.
How it works:
The Client logs onto the Website, selects the products he/she wishes to purchase by placing them in his/her basket and consents to placing the Order and entering into the sales agreement.
Once he/she has registered or used the guest option, he/she then enters the relevant delivery and billing details. The total amount for the Order, including all applicable taxes and delivery costs, will be shown to the Client. Once the Client has seen a full summary of his/her Order, he/she moves onto the payment phase by approving the general conditions of sale.
The Client shall then be clearly redirected to Modernmolecule ‘s banking partner’s website so that he/she can enter the relevant payment details (payment method, card number…). This information is processed directly and exclusively by the banking partner who can then verify it through the system implemented by the Client’s bank.
Payment shall be requested from the relevant financial institution.
The Client shall receive a receipt of the transaction which he/she can print out and keep as proof.
Modernmolecule shall then process the Order and send the parcel to the Client.
In addition, all fees for the online transaction other than bank transfer fees, (commission owing to the various banking institutions) shall be borne by Modernmolecule.
Transfer of title
The transfer of title and risk related to the purchased products shall pass to the Purchaser as soon as the contract has been entered into and the purchase price, paid.
Should the Purchaser exercise its right to cancel the Order, the title of the relevant product shall pass back to the Seller on reimbursement of the price paid by the Purchaser, and the risks shall transfer to the Seller on receipt of the returned product.
Guarantee and after-sale service
The Client is responsible for examining the parcel with the shipping provider on delivery, and for refusing to accept delivery of the parcel if the packaging is damaged, scratched or dented (see the article “Terms and conditions of the order” hereabove).
All products purchased are covered by a legal warranty as regards conformity and hidden defects, the latter being defects which are not immediately visible to an average consumer when the product is unpacked and which render said product unfit for purpose.
Hidden defects are to be notified by letter sent recorded delivery with acknowledgement of receipt (ModernMolecule, Travessa de Santo Aleixo 4, 1250-096 Lisboa, Portugal) within the warranty period and as soon as a defect is being detected, otherwise the warranty shall expire. The notification shall contain the Order number and a description of the defect. A prior information may be sent by email through our “Contact” section on the web site in order to help in the process.
Modernmolecule shall do no more than its best endeavours to ensure access to the Website, processing of the Orders, delivery of the products and any subsequent services thereafter.
Modernmolecule cannot be held liable for any inconvenience caused or faults inherent to the Internet network, and in particular, it shall not be held liable for any interruption in the service, any external intrusion or any viruses, phishing scams (or other scam techniques), data misappropriation or theft or any other event which is deemed a Force Majeure event.
Modernmolecule refuses any liability in the event of any damage whatsoever, suffered by an individual or an asset, which may result from the improper use of the relevant product or a use of the product for which it was not intended.
Everything about the Website, including the construction, the design, the presentation of information, the interface, the databases, the name, the domain name, the products, the software, the images, the videos, the texts and generally anything which is the subject of intellectual property rights, is and shall remain the exclusive property of Modernmolecule.
Any and all reproductions or publications of the Website, in whole or in part, or of any of their individual elements, shall require the prior written authorisation of Modernmolecule.
Modernmolecule retains ownership of 100% of the intellectual property relating to the products on sale. All reproduction and/or modification of the model is prohibited.
Right of cancellation
This article is only for the use of the Customers (as this term has been defined hereabove), i.e. individuals who are purchasing the products exclusively for their personal use. “the consumer shall have 14 full days during which he/she may exercise their right of cancellation without having to provide any justification or pay any penalties other than the cost of returning the product, if any.”. “The time period referred to in the preceding sentence shall start on the date of receipt of the goods, or the date on which the offer of services was accepted.”. The right of cancellation can be exercised by notifying the Company as follows: by email with a delivery and read receipt to the following address: email@example.com.Clients are informed that this right of cancellation does not apply to artwork which falls under the category “Art &Living”, nor does it apply to products which have been personalised or services which the Client started to receive prior to the expiry of the cancellation period. If the right of cancellation is exercised within the aforementioned time period, then only the price of the relevant products shall be reimbursed, the cost of delivery and returns to be borne by the Client. Products are to be returned complete (packaging, accessories, instructions…) and in their original packaging so that they may be resold as new. If possible, returns shall also include a copy of the original proof of sale. In accordance with applicable law, please see below a pro forma cancellation form which should be completed and returned to Modernmolecule at the following address: ModernMolecule, Travessa de Santo Aleixo 4, 1250-096 Lisboa, Portugal. The reimbursement procedure shall be initiated on receipt of the returned product(s) via credit to the payment card which was used, swift transfer or paypal.