TERMS OF SALES
Date of last update: 30/05/2020
Article 1: object
These general conditions of sale (the " General Conditions of Sale”, or the “ GTC ") are intended to define the contractual relations between the company MAISON AIME, having its registered office at 5, rue Marbeau 92210 SAINT-CLOUD, registered in France with the RCS of Nanterre, publisher and owner of the site www.maison-aime.fr hosted by OVH, and anyone making a purchase on the www.maison-aime.fr website.
These T&Cs apply exclusively to the online sale of products offered by MAISON AIME on the website. They do not concern other sales made, in particular in stores, which are governed by the general conditions concerned.
The GCS are made available to customers on the site where they can be directly consulted and can also be communicated to them on simple request by any means.
Any use of the site or acquisition of a Product via this site implies full acceptance of these T&Cs. MAISON AIME reserves the right to modify these general conditions at any time and without notice. Nevertheless, the T&Cs applicable to an order are those in force at the time of validation of the order.
Article 2 – DESCRIPTION OF PRODUCTS
The Products presented on the site are each subject to the most precise description possible, mentioning their essential characteristics. The photographs illustrating, where applicable, the Products do not constitute a contractual document. MAISON AIME cannot therefore be held responsible for any omission or error in the description of the Product and for any discrepancy between the photo and the Product delivered, particularly in terms of size or color. The Customer is invited to refer to the detailed descriptions of the Product, and if necessary, the Customer is invited to contact the customer service of MAISON AIME to obtain any useful clarification.
The Products comply with the requirements of French law in force.
The Customer remains responsible for the terms and consequences of his access to the site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at his expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the site.
The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.
Article 3 – CREATION OF THE CUSTOMER AREA
The Customer has the possibility of creating his personal customer space. Once created, to access it, the Customer must identify himself using his username and his secret, personal and confidential password. Each Customer undertakes to maintain strict confidentiality regarding the data, in particular the username and password, allowing him to access his customer area, the Customer acknowledging that he is solely responsible for access to the service through his username and password, except proven fraud. Each Customer also undertakes to inform MAISON AIME without delay in the event of loss, misappropriation or fraudulent use of their username and/or password.
After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space.
The Customer agrees when registering to:
deliver real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
keep the registration data up to date in order to permanently guarantee their real, exact and up-to-date character.
The Client further undertakes not to make available or distribute illicit or reprehensible information (such as defamatory information or information constituting identity theft) or even harmful information (such as viruses). Otherwise, MAISON AIME will be able to suspend or terminate the Customer's access to the site at their sole fault, without prejudice to any action that MAISON AIME reserves the right to take to assert and respect their rights.
Article 4 – ORDERS
MAISON AIME strives to guarantee optimum availability of its products. Product offers are valid within the limits of available stocks.
If, despite the best efforts of MAISON AIME, a product proves to be unavailable after the Customer's order, Maison Aime will inform the Customer by email as soon as possible and the Customer will have the choice between :
the delivery of a product of a quality and price equivalent to that initially ordered, or
reimbursement of the price of the product ordered at the latest within thirty (30) days of payment of the sums already paid.
It is agreed that apart from reimbursement of the price of the unavailable product, if this option is requested by the Customer, MAISON AIME is not liable for any cancellation compensation.
With the exception of any mention to the contrary appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the chosen products, add them to his basket, indicating the selected products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.
The Customer undertakes to read the General Conditions of Sale then in force, before confirming the terms and any delivery costs, prior to payment of his order. Confirmation of the order entails acceptance of the GCS and forms the contract.
The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery. MAISON AIME strongly advises the Customer to archive this order confirmation on a reliable and durable medium as proof.
A digital invoice is made available to the Customer in the " My account ". MAISON AIME also advises the Customer to archive this invoice on a reliable and durable medium as proof.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.
MAISON AIME reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :
The Customer does not respect the General Conditions in force when ordering;
The Customer's order history shows that sums remain due under previous orders ;
One of the Customer's previous orders is the subject of a dispute being processed ;
The quantities ordered are abnormally high ;
The Customer did not respond to a request for confirmation of his order that MAISON AIME sent him.
MAISON AIME files contracts for the sale of products in accordance with applicable legislation. By making a request to the following address hello@maison-aime.fr, MAISON AIME will provide the Customer with a copy of the contract subject of the request.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of MAISON AIME.
The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the responsibility of MAISON AIME can in no way be sought in the event that an error when placing the order prevents or delays delivery/delivery.
The Customer declares to have the full legal capacity allowing him to engage under these General Conditions.
Registration is open to capable adults and minors on the condition that they intervene under the supervision of the parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent it (legal person for example). Registration is strictly personal to each Client.
In the event of a breach by the Customer of one of the provisions hereof, MAISON AIME reserves the right to terminate the said Customer's account without notice.
Article 5 – TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order made on the site is an order with payment obligation, which requires the payment of a price against the supply of the product ordered.
In any case, MAISON AIME reserves the right to check the validity of the rules, before shipping the order, by any means necessary.
Payment for orders is only made online by credit card via the platform Stripe secure online payment method, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these coordinates are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Client's account will be debited with the corresponding amount only when (i) the details of the bank card used will have been verified and (ii) the debit will have been accepted by the bank that issued the bank card.
The impossibility of debiting the sums due will result in the immediate nullity of the sale.
The credit card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
If necessary, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.
As part of the control procedures, MAISON AIME may have to ask the Customer for all the documents necessary to finalize his order. These parts will not be used for any purpose other than these.
Checks and cash are not accepted for online payments.
Article 6 – PAYMENT OF THE PRICE
The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In the event of a promotion, MAISON AIME undertakes to apply the promotional price to any order placed during the promotion period.
The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order.
The delivery or transport costs are the responsibility of the customer (except one-time promotional operation), they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.
MAISON AIME reserves the right to modify its prices at any time. The products will be invoiced on the basis of the prices in force at the time of the validation of the order. However, if an abnormally low price is indicated due to a technical or human error, MAISON AIME reserves the right to ask the Customer to complete the price already paid or to allow him to cancel his order by refunding it. of all sums already paid.
Article 7 – RETENTION OF OWNERSHIP
MAISON AIME remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.
Article 8 – SHIPPING AND DELIVERY
MAISON AIME strives to ship the Customer's order within 48 to 72 hours, working days, upon receipt thereof.
The delivery of several Products from the same order may be fragmented (the Customer will be informed by email).
If one or more Products cannot be delivered within the time initially announced, MAISON AIME will send an email indicating the new delivery date to the Customer.
Items are sent by post via Colissimo, delivery service with tracking, delivery without signature, within 48 hours after the order has been prepared.
These deadlines are communicated for information only, MAISON AIME cannot be held responsible for losses and delays in delivery due to errors or disruptions attributable to La Poste.
MAISON AIME will be able to provide the buyer with the tracking number for their package by e-mail.
The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order. They vary according to the weight and dimensions of the products purchased.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain any errors. MAISON AIME cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
No delivery will be made to a PO Box.
It is the Customer's responsibility to check the conformity of the delivery in relation to his order and to report any error without delay. The Customer is also required to check the condition of the Products delivered.
Any package presenting apparent anomalies (damage, missing product compared to the order form, damaged or open package, defective product, etc.), at the time of its delivery, must imperatively be the subject of a complaint, within a 3 days following the date of delivery of the products concerned, to the following address : hello@maison-aime.fr.
The Customer must return the Product concerned to the following address :
House Loves
5 rue Marbeau
92210 Saint-Cloud
specifying the reason for return "Non-compliant product".
If the anomaly is proven and confirmed by MAISON AIME, the Customer will receive, subject to receipt of the package by MAISON AIME, an e-mail indicating whether the Product concerned can be exchanged or refunded. Where applicable, reimbursement of the Product, delivery costs and costs incurred for the return will take place within 14 days from the date on which MAISON AIME has confirmed to the Customer that he is entitled to said reimbursement in accordance with the Guarantees. described in clause 9.
As an alternative to delivery by carrier, the Customer can choose free collection from the shop at 12 avenue du Maréchal Leclerc in Garches during opening hours. A confirmation email will be sent to the Customer once his order is ready for collection. An order confirmation and an identity card will be requested from the Customer when picking up the order.
Article 9 – GUARANTEES
All Products benefit from the legal guarantee of conformity (articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code) allowing the Customer to return the Products delivered free of charge. defective or non-compliant.
9.1 Legal guarantee of conformity
Article L 217-4 of the Consumer Code:
“ The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L 217-5 of the Consumer Code:
“ The property is in accordance with the contract:
1. If it is specific to the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted ”.
Article L 217-12 of the Consumer Code:
" The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
When acting as a legal guarantee of conformity, the Customer:
- benefits from a period of two years from delivery of the Product to act against MAISON AIME, seller;
- can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the Product during the 2 years following the delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantee granted. It is reminded that the Customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
As part of the legal guarantee of conformity, MAISON AIME undertakes, at the Customer's choice:
- either to repair the Product;
- or to replace the Product with an identical product depending on available stocks.
However, in accordance with article L217-9 of the Consumer Code, the Company may not proceed according to the Customer's choice if this choice has a manifestly disproportionate cost with regard to the other method, taking into account the value of the good. or the importance of the defect. The Company is then required to proceed, unless it is impossible, according to the method not chosen by the Client.
In addition, in accordance with Article L 217-10 of the Consumer Code, if the repair and replacement of the Product are impossible or if the solution requested or proposed or agreed pursuant to the paragraph above cannot be implemented work within one month following his complaint, the Customer may:
- either to reimburse the price of the Product, as well as any delivery and return costs, if replacement proves impossible;
- or to communicate to the Customer the contact details of the manufacturer or distributor of the Product.
9.2 Warranty against hidden defects
Article 1641 of the Civil Code:
" The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lesser price for them, if he had known them ”.
Article 1648 paragraph 1 of the Civil Code:
“ The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect ”.
Section 10 - RIGHT TO RETRACT
Under Article L121-20 of the Consumer Code, the Customer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus return the product to the seller for reimbursement. without penalty, with the exception of the cost of return.
To exercise his right of withdrawal, the Customer is invited, before the expiry of the aforementioned period, to notify his decision to withdraw to MAISON AIME by email at the following address: hello@maison-aime.fr.
After having notified his right of withdrawal, the Customer is invited to return the property concerned to the following address: MAISON AIME, 5 rue Marbeau 92210 Saint Cloud France no later than 14 days after having received his order. This deadline is deemed to have been respected if the goods are returned before the expiry of this deadline. The costs and risks associated with the return are the sole responsibility of the Customer.
The exceptions of article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:
the supply of goods made to the consumer's specifications or clearly personalized;
supply of goods liable to deteriorate or expire rapidly;
supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
supply of a newspaper, periodical or magazine, except for subscription contracts to these publications.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories. Otherwise, the return of the product(s) may be refused.
In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (surname, first name, address) of the Customer as well as the order number.
MAISON AIME will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements allowing the Customer to be reimbursed. This refund will be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credit notes / gift vouchers will be reimbursed by credit notes / gift vouchers.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Section 11 - CUSTOMER SERVICE
The Customer can contact MAISON AIME:
by email : hello@maison-aime.fr,
By letter : MAISON AIME / Customer Service / 5 rue Marbeau / 92210 Saint Cloud
indicating his name, telephone number, the subject of his request and the number of the order concerned.
Section 12 – FORCE MAJEURE
Neither party will have failed in its contractual obligations, in the event that their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Will be considered as fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all possible reasonable efforts.
The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them.
The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals:
Total or partial strikes, internal or external to the company, blocking of means of transport or supplies for any reason whatsoever, governmental or legal restrictions, computer breakdowns, earthquakes, fires , storms, floods, lightning.
The shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the customer.
Section 13 – INTELLECTUAL PROPERTY AND SITE USE LICENSE
The entire Site constitutes a work protected by the laws in force on intellectual property. No reproduction and/or representation, partial or complete, may be made without the prior written consent of MAISON AIME.
The Elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, brands, visual identity, database, structure of the Site and all other elements protected by the laws concerning intellectual property, whether they have been registered or not, are the property of MAISON AIME or of third parties having authorized MAISON AIME to represent them on its site.
Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior express written authorization of MAISON AIME at case by case, and the Customer is solely responsible for any unauthorized use and/or exploitation.
The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo.
ARTICLE 14 - RESPONSIBILITY
MAISON AIME cannot be held responsible for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or the unforeseeable and insurmountable fact of any third party hereto.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, MAISON AIME does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or their presentation.
MAISON AIME cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, MAISON AIME cannot be held responsible for false declarations made by a Customer and his behavior vis-à-vis third parties. In the event that MAISON AIME is held liable for such behavior by one of its Customers, the latter undertakes to guarantee MAISON AIME against any judgment pronounced against it and to reimburse MAISON AIME for the all the costs, in particular lawyers' fees, incurred for his defence.
SECTION 15 - PERSONAL DATA
The management of your order requires the collection and processing of your Personal Data (this term is defined in our Data Protection Policy) in order to allow MAISON AIME to provide you with the Product ordered. Any collection and processing of this Personal Data will be done in compliance with the provisions of Regulation No. 2016/679 of the European Parliament and of the Council of April 27, 2016 on Data Protection (GDPR) and the Data Protection Act no. °78/17 of January 6, 1978 modified.
For more information, we invite you to read our Data Protection Policy HERE .
Section 16 – HYPERTEXT LINKS
The Site may contain hypertext links to other websites. If the visitor to the Site visits one of these websites, the company MAISON AIME invites him to read their policies, in particular with regard to the protection of personal data. The company MAISON AIME makes no commitment concerning any other website to which the visitor of the Site could have access via the Site and would in no way be responsible for the content, operation and access to these sites, neither for the policies nor for the practices of other companies.
Any creation of a link to the Site is subject to the prior approval of MAISON AIME.
SECTION 17 - GENERAL PROVISIONS
MODIFICATION CONDITIONS
MAISON AIME reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease to operate all or part of the Site.
In addition, MAISON AIME reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before any use of the Site.
The Customer acknowledges that MAISON AIME cannot be held responsible in any way whatsoever towards him or any third party as a result of these modifications, suspensions or terminations.
APPLICABLE RIGHT
These General Conditions are governed, interpreted and applied in accordance with French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
In the event of a dispute, the Customer undertakes to find an amicable solution before any action before the courts. In the event of failure of any amicable solution, any action may be taken only before the French courts.