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General terms and conditions for sale
Our policy is to deliver your shipment as fast as possible. Should you have any query in relation to timing or shipping conditions, please do not hesitate to contact us. Please note that deliveries within Metropolitan France are on the house.
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Article 1 - Purpose
The present terms define the rights and obligations of the parties in the framework of the sale of goods online through the website www.lamaisondelamaille.com entered into between any person carrying out a purchase on this site, hereinafter « the buyer » and the editing company for the site, hereinafter « the seller ».
Article 2 – Legal information
Corporate name: La Maison de la Maille SAS
Share capital: €20.000
Corporate registration: French Commercial Registry (RCS) Le Mans n° 831 444 427
Registered Address: Cogito, 1 rue Nicolas Appert - 72200 La Flèche France
VAT Registration Number: FR 21 831 444 427
Phone: +33 2 85 85 97 74
Host: OVH SAS, 2 rue Kellermann - 59100 Roubaix France
Publishing manager: Charlotte Huyghues Despointes
French Data Protection Authority (CNIL) Simplified Declaration Number: 2113461
Article 3 – Placing orders and products availability
The buyer can place an order online from the uploaded catalogue by filling in the form made available to that purpose, for any product that may be visible on the website, subject to stock availability.
For the order to be confirmed, the buyer shall accept, by ticking the relevant box, the present general terms and conditions. The buyer shall also choose the address and preferred delivery option, and finally confirm the payment method.
The sale shall be considered as final, after collection and cashing of the full price by the seller, when the seller has sent the confirmation to the buyer acknowledging the relevant order via email. For any query relating to order follow-up, the buyer may call the following number +33 2 85 85 97 74, from Monday to Friday from 9:30 am to 6:30 pm (local call cost).
Article 4 - Price
The seller reserves the right to amend its prices from time to time. However the seller undertakes to apply the fares in effect at the time the order is being placed.
Prices are indicated in euros. They do not include any delivery expense, which shall be additionally charged for non-French territories, and detailed before the order is confirmed.
Prices include the applicable VAT in force when the order is placed and any modification of the applicable VAT rate shall be automatically applied on the price of the products online.
For any order shipped outside the EU, the products shall be sold tax free, being such automatically calculated in the bag once the country of delivery is confirmed; the buyer shall bear the costs of possible local taxes applicable upon reception.
Payment shall be effected in full upon placing the order. No payment shall ever be considered as any deposit or partial payment.
If one or more taxes or levy, including environmental ones, should ever be created or amended, whether increased or decreased, this modification may be included in the purchase price of the products.
Article 5 – Payment and delivery fees
Payment shall be processed upon the placing of the order and the buyer shall choose any payment option made available and detailed on the seller’s site to this effect.
Payments by the buyer shall be considered as final by the seller after actually cashing any outstanding amounts (in particular, in case of payment by check).
The seller reserves the right to suspend the processing of any order, and any delivery, in case the payment approval is denied by the officially authorised credit card payment institutions or in case of lack of payment.
The seller reserves the right to refuse to carry out a delivery or to process an order from a buyer that is incurring in litigation regarding payment issues.
The seller has established a double-checking procedure for all orders placed in order to ensure that nobody may use the banking details of any other person unwittingly.
In the framework of that double-checking procedure, the buyer may be requested to send by email to the seller a copy of its identification documentation currently in force together with a residency proof no older than three months. The order shall only be confirmed upon reception and double-checking by the seller of the circulated documents.
The charging of delivery fees is calculated according to the following terms:
-Free in Metropolitan France with La Poste Colissimo in pickup points (or Pickup staging points, Pickup deposits, La Poste desk or points) or delivery to the domiciled address with signature upon receipt,
-15 € for the rest of the European Union territory with La Poste Colissimo Europe Pickup Point or Pickup staging posts, Pickup deposits, La Poste desk or points) or delivery to the domiciled address with signature upon receipt,
-35 € outside of the European Union with La Poste Colissimo Expert with signature upon receipt.
Article 6 – Deliveries and returns
Delivery means the transfer of property. Such transfer shall take place only after confirmation of the full payment by the banking institution of the seller.
The products ordered are delivered in standard deadlines as indicated when the order was being placed, and depending on the option chosen.
Any parcel returned to the seller because of a wrong or incomplete delivery address shall be re-sent to the buyer at its own expense. The buyer may, upon simple request, have the invoice sent to the billing address (and not to the delivery address) by checking in the relevant option provided for to that purpose in the purchase order.
If at the time of delivery, the original packaging is damaged, torn or opened, the buyer shall check the state of the products. If they have been damaged, the buyer shall imperatively refuse the parcel and mention the reason of such refusal on the delivery slip (parcel refused because it has been opened or damaged).
The buyer shall also mention on the delivery slip, in handwriting and signing it, any irregularity regarding such delivery (damage, missing goods according to the delivery slip, damaged parcel, damaged products etc.).
This double-check shall be considered as tacitly completed when the buyer, or any authorised person by the buyer, has accepted the delivery and signed the delivery slip.
EXCHANGE AND REFUND POLICY
Though our clients are always satisfied, you may change your mind in relation to your favourite colour. We have already thought of this awkward situation and remind you that we shall always remain available to answer any queries you may have in this regard.
The buyer shall then inform the seller detailing the references of the litigious order: (i) by email to email@example.com, or (ii) through the contact form made available on the website.
Should the products need to be returned to the seller, a previous return request shall be made to the seller within 14 business days after delivery
Any claim formalized out of such deadline shall be refused. Additionally, the return of the product shall be accepted provided it is received in its original state (packaging, tagging, accessories, instructions...).
Return expenses are on the house.
The buyer may exercise its right to withdraw from the purchase provided that the return is processed and notified according to the deadlines and the terms detailed above. Such right to withdraw together with any returns made under it are described in article 8 below.
Article 7 – Products warranty
The seller warrants the conformity of the goods, allowing the buyer to request, according to the legal warranty for conformity provisioned under articles L. 217-4 and following of the French Consumer Code, within 24 months or the warranty for latent defects (garantie pour vice caché) provisioned under articles 1.641 and following of the French Civil Code, for 6 months.
Pictures and illustrations visible on the website of the seller have no contractual value and do not entail liability for the seller.
The buyer is expressly informed that the seller is not the manufacturer of the totality of the products displayed under French law n° 98-389 dated 19 May 1998 in relation to product liability.
Article 8 – Right to withdraw
According to the provisions under the French Consumer Code, the buyer may exercise its right to withdraw from any purchase of products made available on the website.
However, by virtue of article L.221-28 of the French Consumer Code, this right to withdraw is not applicable for the purchase of products that have been customised or manufactured according to the very specifications of the buyer (among others, via the “Customise” section of the website).
Therefore, in principle, the buyer may, within 14 business days starting from the delivery date, return any item that is not satisfactory, and may thus request either an exchange or a refund without any penalties.
The relevant products must be returned in their original packaging and in perfect state, together with the purchase invoice. The damaged, worn or used, stained or incomplete products shall not be taken back.
The withdrawal right may be exercised online. The buyer shall inform the seller of its will to withdraw detailing the references of the relevant order: (i) by email to firstname.lastname@example.org, or (ii) through the contact form made available on the website.
Any other withdrawal statement is accepted, provided it is applicable, stripped of any ambiguity and does express the will to withdraw.
In case the right to withdraw is exercised within the deadline mentioned above, the price of the products purchased shall be refunded together with the delivery fees, as applicable.
The exchange (subject to availability) or the refund shall occur within 14 business days from the receipt, by the seller, of the products returned by the seller in the terms stated above.
Article 9 – Intellectual property and copyright
The contents of the website (technical documents, drawings, pictures etc.) remain the property of the seller, only owner of intellectual property rights on such contents.
The buyers undertake no to use in any way whatsoever such contents; any reproduction whether full or partial of such content is strictly forbidden and shall constitute a counterfeiting offense.
Article 10 – IT and Liberties
Individual-related data provided by the buyer is necessary for the processing of the order as well as for invoice issuing.
They may be disclosed to partners of the seller in charge for the execution, treatment, processing and payment of the orders placed.
The treatment of the data disclosed by the means of the seller’s website has been registered with the CNIL (French Data Protection Authority).
The buyer is entitled to a permanent access for modification, rectification and opposition regarding the information relating to the buyer. This right may be exercised according to the terms and conditions defined in the website (legal terms).
Article 11 – Partial non-validation
Should any provision of the present terms and conditions be held as non-valid or declared as such by virtue of an applicable law, regulation or as a result of a final competent court decision, the other provisions shall be kept in force.
Article 12 – No waiver
If any party does not make any breach by the other party prevail regarding any of the obligations stated in the present terms and conditions, it shall not be interpreted for the future as a waiver to the obligation in question.
Article 13 – Language of the agreement
The present general terms for sale have been drafted in French. In case of translation into one or more foreign languages, only the French text shall be applicable in case of litigation.
Article 14 - Mediation
The buyer can resort to conventional mediation, in particular with the French Commission for Consumer Mediation or with mediation bodies of the French industry already existing, or with any alternative dispute way (for instance conciliation) in case of discrepancy.
Article 15 – Applicable law
The present general terms and conditions are subject to the application of French law, except for the provisions of the Vienne Convention. This applies to content rules as well as to formalization rules. In case of litigation or claim, the buyer shall first contact the seller in order to find a solution.
Legal terms and general conditions for sale