Legal terms

General Terms & Conditions of Sale

Introduction

The following General Terms and Conditions of Sale govern the offer and sale (together with the documents referred to below, including the Privacy Policy and General Terms and Conditions of Use) of Maison Maes products on the website maisonmaes.com between :

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 Stripe, using a debit / credit card (Visa, Mastercard, American Express) or using Apple Pay. The client can also choose to use PayPal to proceed with the payment of the order.

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 Maison Maes’ partner DHL.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 serviceclient@maison-maes.com). 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 L 121-20 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.

To return a product, the Client must contact Maison Maes customer service by sending an email to serviceclient@maison-maes.com.

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 DHL pick-up location near the initial delivery address of the order. The DHL 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:
- The product(s) has/have been used, damaged, altered
- The packaging, accessories and related documents have not been fully returned (for instance the gift box or the dustbag)

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”).


Legal Terms

General Terms & Conditions of Use of maisonmaes.com website and Privacy policy

The publisher of the site is MAES SAS, Registered company number RCS Paris 888 528 270, whose registered office is at 24 rue Biot, 75017 Paris, France (hereafter “Maison Maes”).

The website www.maisonmaes.com is hosted by Shopify Inc, whose registered office is at 126 York St. Ottawa, ON K1N 5T5, Canada (phone number: +1-888-746-7439).

Article 1. Access to the site

The General Terms & Conditions of Use, which include Maison Maes’ Privacy Policy, apply to all the information and services proposed by Maison Maes on the website www.maisonmaes.com (hereafter “the Site”), without any limitation or reserve.

These terms and conditions, together with the General Terms & Conditions of Sale, set out the legal terms that apply to the use of the website www.maisonmaes.com, the purchase of any Maison Maes product from the Site and any service proposed on the Site.

These General Terms & Conditions of Use can be accessed on the Site at any time in their latest version and will prevail on any older version or any other contradictory document. Maison Maes may modify the content of these terms and conditions at any time, as part of the maintenance and update of the Site. If necessary, Maison Maes reserves the right to interrupt access to the Site or to shut it down for an undefined period of time.

Using the Site is subject to these terms and conditions and by using it, any User is agree to be bound by them.

Article 2. Intellectual Property

All of the designs, models, layout, photographs, images, illustrations, texts, music, video, sounds, audio clips, any other elements composing the Site are either the exclusive property by Maison Maes, or subject to the rights of third parties and duly used under license by Maison Maes.

It is strictly prohibited to reproduce, even partially, by any mean, to distribute, to publish, to communicate, to modify, to sell or to create derivative works from any of the Site content.

It is only permitted to download and print content from the Site for a personal and non-commercial use, subject to mentioning the copyright and exclusive rights on any copy.

The trademark “Maison Maes” and any other trademark and logo related to Maison Maes, registered or not, disclosed on the Site, and the domain name “maisonmaes.com” are the sole and exclusive property of Maison Maes.

Any attempt to reproduce, distribute, communicate, modify or use these trademarks without prior written approval of Maison Maes, for any purpose, is strictly prohibited.

Any user interested in linking the Maison Maes website and other web pages must obtain Maison Maes written approval prior to activating such link. In case of the approval by Maison Maes, this would be free on any retribution and in a non-exclusive manner.

Maison Maes is entitled to object to certain links to its web site in the event that the applicant who intends to activate links to the website has, in the past, adopted unfair commercial or business practices which are not generally adopted or accepted by the market operators, or has made unfair competition activities vis-à-vis Maison Maes or its suppliers, or if Maison Maes fears that such practices or such activities might be adopted by the applicant in the future. In any event, it is forbidden to post deep links (such as deep frames) to the website or to use unauthorised meta-tags without Maison Maes consent.

Article 3. Privacy Policy

For the purpose of fulfilling and delivering orders and also to ensure the best possible experience and performance of the Site, Maison Maes might collect and process personal information from users / clients.

For the purpose or fulfilling an order, personal information from the Client may be shared with Maison Maes suppliers, especially regarding logistics and delivery services. Such suppliers may or may not be in France, in or even outside of the European Union.

The Client / the user of the Site is granted the right to access, modify, correct and remove any personal information on the website., in accordance with French Data Protection Act no. 78-17 of 6 January 1978 entitled "Informatique et Liberté".

To exercise his/her right, the Client must send a request by mail to MAES SAS – Service Client, 24 rue Biot, 75017 Paris.

Any user can subscribe to Maison Maes newsletter to receive periodic information on the brand. At any time, the user can unsubscribe by clicking on the link included at the bottom of any newsletter.

Article 4. Cookies usage

Cookies are small pieces of information sent by a web server to a web browser, which allows the server to uniquely identify the browser on each page. They are used to collect information and store users’ online preferences.

Cookies are essential in order for the Site to function properly and efficiently. They are used to provide services like remembering login details, to offer secured connexion, to collect browsing statistics and improve areas such as navigation, shopping experience and marketing campaigns.

The user can can authorise, block or delete (in whole or in part) cookies through specific functions of the browser software used. For more information on browsing software configuration, the user can consult the website of CNIL (French Data Privacy regulator) : https://www.cnil.fr/node/337

If some or all of the cookies (technical or functional cookies, even including third party cookies) are disabled, some services or certain functions of the Site might not be available or might not function correctly. The user may also be forced to modify or manually enter certain information or preferences each time when visiting the Site.

Article 4. Limitation of liability

To the fullest extent permitted by applicable law, Maison Maes shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Site. Users must take all appropriate measures to protect data and software stored on their personal IT equipment against any threat. The connexion to the site is the sole responsibility of the user.

Maison Maes décline toute responsabilité quant à l’exactitude des informations figurant sur le Site et notamment tout commentaire ou contenu qui serait posté sur le Site par des tiers.

To the maximum extent permitted by law, Maison Maes expressly excludes any condition, warranty and any other term which it might otherwise be responsible for by law (except situations specified in the General Terms and Conditions of Sale) and any responsibility in case of unforeseeable or indirect loss or damage incurred by the user in relation with the Site, any site linked to the Site or any information published on the site, including but not limited to:

Loss of economic activity
Loss of revenue, profit or anticpated savings
Loss of contract or customer
Loss of data
Loss of management or office time

Any other loss or damage, whatever the cause even if said loss of damage result from tort (including negligence), breach of contractual agremment or any other cause, even foreseeable

Maison Maes is solely bound to delivery products meetings the requirements set forth in the present General Terms & Conditions of Sale, General Terms & Condition of Use and Privacy policy. Products are considered to meet the requirements of the contract if the following conditions are met:
Products must correspond to the description and display the features presented on the Site
Products must be fit for the purposes for which similar products are produced in general

Products must meet the quality and durability criteria generally admitted for and which can be reasonably expected from the same kind of products.

Article 5. Applicable Law

These General Terms and Conditions of Use shall be governed and construed in accordance with French law

Article 6. Contact Maison Maes

For any question relating to the General Terms & conditions of Use of the Site or to the Maison Maes’ Privacy Policy, the user can contact Maison Maes by email at the address contact@maison-maes.com.


Legal Terms

Credits

Credits Still life & reports: David Meignan

Credit portraits: Alexandra Clamart