MAES SAS, Registered company number RCS Paris 888 528 270, whose registered office is at 24 rue Biot, 75017 Paris, France,
(Hereafter « Maison Maes »),
Any individual who is acting for purposes which are outside his or her trade, business or profession, or any company « final consumer » as long as the purchase is not made as part of any reselling activity.
(Hereafter « the Client »).
Article 1. Products
Every product sold on the Main Maes website is described on its specific product page with its main features detailed, in accordance with article L. 111-1 of the French legal consumer code (« code de la consommation »). Maison Maes makes its best effort for photographs and other images featured on the site to depict products as accurately as possible. However, the Client is fully informed that such photographs and other images are not contract documents. The detailing (such as colour, pattern, and texture, etc.) seen on-screen will depend on the monitor and browser software used and, as such, may not exactly reflect the actual detailing of a Product.
Any product sold on the Maison Maes website is available while stocks last. Maison Maes cannot be held responsible if a product runs out of stock or is unavailable for any reason.
If a product is unavailable after the Client placed an order, Maison Maes will inform the Client as soon as possible by email or by phone, and the Client will be given the option of ordering another product featured on the Maison Maes website as a replacement, or of cancelling the order. In case the Client chooses to cancel the order, the amount paid for the unavailable products will be refunded immediately by Maison Maes.
Maison Maes reserves the right to change the articles offered on the website maisonmaes.com at any time, without notice.
Products sold on the Maison Maes website cannot be immediately resold as a new product without prior written approval from Maison Maes.
Article 2. Prices
The prices of Maison Maes products are quoted in euros, inclusive of French value-added tax, in accordance with article L. 112-1 of the French legal consumer code (“code de la consummation”). For any delivery outside of France, prices remain unchanged and Maison Maes is responsible for complying the applicable sales tax of the country of delivery.
Maison Maes reserves the right to adjust the prices of the products offered on the website at any time, without notice. Products are billed based on the prices the Client sees on the www.maisonmaes.com website when placing an order, provided that the products ordered are available at that time.
Maison Maes makes all reasonable efforts to ensure that all prices for the products displayed on the www.maisonmaes.com website are correct. Occasionally, however, an error may occur and products may be mispriced (incorrect price or typographical error in the price shown). Maison Maes reserves the right to cancel an order placed for any mispriced product. In this case Maison Maes will immediately contact the Client and propose to place an order for the same products at the correct price.
Article 3. Order
The Client, after adding to the virtual cart the products and desired quantities, validates the order by clicking on the button “order” and then provides the information relating to delivery and payment method. Before submitting the order, the Client will be given the opportunity to review the selection, check the total amount and correct any error. By submitting the order, the Client acknowledges accepting all the terms set forth in the General Terms and Conditions of Sale as well as in the General Terms and Conditions of Use.
Once an order is placed, Maison Maes will send an email to confirm (“order confirmation”) the order to the Client and acknowledge the payment in full of the order has been received by Maison Maes. The contract between Maison Maes and the Client will then be formed.
Any modification of the order by the Client after an order has been confirmed is subject to the acceptance of such modification by Maison Maes and will depend on the status of fulfilment of the order. Maison Maes reserves the right to modify the product for technical reasons, as long as it stays within the terms set in article R. 212-4 of the French consumer code (“code de la consummation”).
Maison Maes reserves the right to refuse an order on legitimate grounds and, in particular, if the quantities ordered are abnormally high for a Client as defined in the introduction. Maison Maes also reserves the right to cancel an order if it suspects the order to be the result of a fraud, like a theft of identity or payment method.
Article 4. Transfer of risks and title
The risk of loss of, damage to, and destruction of the products shall pass to the Client when the Client, or any physical person designated by the Client, takes physical possession of the products at the delivery address given by the Client or collects such products from the selected pick-up location.
All ordered products remain the property of Maison Maes until the total amount of the related order has been collected by Maison Maes.
Article 5. Payment
Any order must be paid in full upon submission by the Client on the Maison Maes website. Payment is processed in euros, through our partner Shopify Payments, using a debit / credit card (Visa, Mastercard, American Express) or using Apple Pay.
Personal information communicated by the Client to Maison Maes and the payment partners cited above will never be used by Maison Maes if not to process the payment of an order, to refund the Client in case of cancellation of the order or return of products or if Maison Maes has to communicate such information to the relevant authorities in case of a fraud committed on the Maison Maes website.
In the event of a declined payment, an error detected in the address communicated by the Client of any other issue related the Client’s account and the order, Maison Maes reserves the right to block the order until the issue has been solved.
Article 6. Delivery
Maison Maes delivers orders in France and, under specific conditions, worldwide. Orders are dispatched by an express carrier chosen by Maison Maes. Shipping fees are incurred by Maison Maes and are not to be recharged to the Client.
Usual delay for the delivery of an order is 1-3 working days after shipping confirmation for deliveries in France and 3-7 days for international deliveries (the timeframes communicated here are strictly indicative and do not represent a commitment from Maison Maes). The Client must inform Maison Maes of any delay exceeding eight (8) working days (by sending an email to Customer Service firstname.lastname@example.org). Any complaint relating to the delivery of Maison Maes products raised more than 30 days from the shipping confirmation date will not be accepted by Maison Maes.
The Client must check the conformity of the goods upon delivery and, if possible, write out by hand the reservations relating to any anomalies noted (e.g. open package, damaged goods, etc.) on the delivery slip and sign it. The Client must then immediately contact customer service by email to inform Maison Maes of the issue and reservation noted.
In the event of a nonconformity of the products, the Client may return the products and ask for an exchange or refund.
Article 7. Right of withdrawal – Returns – Exchanges – Refunds
Article L121-20 of the French legal consumer code (“code de la consummation”) establishes that the Client shall have a period of 14 days, beginning on the date of reception, to return the products. Maison Maes grants every Client an extended period of 30 days to decide whether the Client wishes to exercise its right of withdrawal and return Maison Maes products purchased on the www.maisonMaes.com website.
Upon validation by the customer service, a return label will be sent to the Customer by email. The Client must print the label and stick it on the package before dropping it in an official pick-up location of the chosen express carriers near the initial delivery address of the order. The shipping fees associated with the return of the products will be borne by Maison Maes.
The products shall be returned in their original condition, unaltered, unused, undamaged, in their original packaging and with original tags and labels attached along with all accessories and related documents (e.g., instructions booklet, product certificate, etc.) if any, and undamaged box, if applicable. Maison Maes reserves the right to refuse any return of products showing any damage, any sign they have been used or altered in any way from their original state. In such case, Maison Maes may decide to reduce the amount to refund of the value of the exchange.
For instance, a partial refund may be decided in the following case: Upon reception of the returned products, Maison Maes customer service will inspect the products and will inform the Client within 5 working days of the result of the inspection. In case the return is validated, the refund process will be immediately initiated. If the return is refused, the Client will be informed and asked if the products must be sent back. The refusal does not affect the legal rights of the Client in relation to products that have manufacturing defects or are not as described. Shipping fees related to sending back products after a return has been refused by customer service will be recharged to the Client.
Article 8. Statutory warranty for latent defects
The client must check upon reception that the products delivered conform with the products initially ordered. The Client shall notify Maison Maes customer if the products received do not conform with the order. In such case the Client will be able to return the non-compliant products as per the conditions set forth in article 7 of the present General Terms and Conditions of Sale.
The products sold by Maison Maes on the www.maisonmaes.com website are subject to the statutory warranties provided for in Articles L. 211-4, L. 211-5 and L.211-12 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code
Article L. 211 -4 of the French Consumer Code The seller is bound to deliver a product that complies with the contract and shall be liable for the conformity defects found at the time of the delivery. The seller shall also be liable for the conformity defects arising from the packaging, assembly instructions or the installation whenever they are placed under its responsibility by the contract or was carried out under its responsibility.
Article L.211 -5 of the French Consumer Code, to comply with the contract, the item must: 1° Be fit for the use that is usually expected of a similar item and, as applicable: Correspond to the description given by the seller and have the characteristics that the seller presented to the buyer in the form of a sample or model Have the characteristics that a buyer may legitimately expect in light of the public representations made by the seller, the producer or its representatives, including in advertisements or on the labelling; 2° Or feature the characteristics determined by mutual agreement between the parties or be fit for any special use sought by the buyer, of which the seller was informed and which it accepted.
Article L. 211-12 of the French Consumer Code. The action resulting from the lack of compliance shall be statute-barred as from the delivery of the item.
Article 1641 of the French Civil Code The seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it or would only have given a lesser price for it, had the buyer known of them.
Article 1648 of the French Civil Code The action arising from latent defects must be brought by the buyer within a period of two years following the discovery of the defect. In the case provided for in Article 1642-1, under penalty of being time-barred, the action must be brought within the year following the date on which the seller may be discharged from visible defects.
Article 9. Dispute resolution
Maison Maes cannot be held responsible for any damage or loss if its products have been used in an inappropriate way or inconsistently with their design and function.
In the event of a dispute, the Client can contact Maison Maes customer service to try to resolve it informally.
Article 10. Applicable law and jurisdiction
These General Terms and Conditions of Sale shall be governed and construed in accordance with French law.
Any dispute that may arise between Maison Maes and the Client because of the formation, the interpretation and/or the execution of the present General Terms and Conditions of Sale will fall under the exclusive jurisdiction of the Paris commercial court (“tribunal de commerce de Paris”).
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