TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale are entered into by,
On the one hand,
COMPAGNIE DES AROMES ET COSMETIQUES SAS, a company having its registered office at Place aux Herbes 26170 Buis les Baronnies, France, trading with the name MAISON LAGET and registered with the RCS under the number 807 655 550, hereinafter named the Company.
On the other hand,
by any natural or legal person wishing to make a purchase on the website of the company hereinafter referred to as the Customer.
MAISON LAGET is the owner of the www.maisonlaget.fr online boutique, hereinafter referred to as the Website.
The placing of an order on the Website is subject to the express and unreserved acceptance by the Customer of the terms of sale.
Title I – DEFINITIONS
For the purposes of these T&C’s the terms hereunder shall be defined as follows:
Customer: means the contractual partner of the Company, having the status of consumer within the meaning of French law and jurisprudence, expressly acting outside of any usual or commercial activity.
Delivery: refers to the delivery of the Products ordered by the Customer to the address specified on the purchase order and within the geographical areas served.
Products: refers to all the Products available on the Website.
Territory: refers to Metropolitan FRANCE (excluding the DOM / TOM).
Title II – PURPOSE
These general terms and conditions of sale determine the rights and obligations of the parties in connection with the online sale of products offered by the Company.
They are intended to define the terms and conditions applicable to any order placed by a Customer on the website https://www.maisonlaget.fr edited by the Company.
Professionals should contact the sales department of the Company in order to benefit from separate contractual conditions.
Title III – ACCEPTANCE
The placing of an order on the Website is subject to the express and unreserved acceptance by the Customer of the terms of sale, which is unreservedly implied by clicking on the ‘confirm order’ button.
The validation of the order implies the express and unreserved acceptance by the Customer of the terms of sale in force on the day of the order and their commitment to respect its contents. The Customer acknowledges that he/she has read and has fully understood the Terms of sale.
The Company reserves the right to modify and update these terms of sale without prior notice and at any time by the publication of a new version on the Website. The applicable conditions are those in force on the date of the order.
The Terms of sale constitute the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products which only have indicative value. The Customer is advised to download and read the Terms and Conditions carefully.
For any questions, please contact us.
Title IV – ONLINE PURCHASES
The Customer represents and warrants that he/she has the legal capacity as well as all rights, titles, powers and/or authorizations necessary to contract hereunder. The Customer must be at least 18 years old or hold the permission of his legal representative.
The Customer will be invited to provide the required identification details by completing the form available on the Website. The asterisk sign (*) indicates the mandatory fields that must be completed for the Customer's order to be processed by the Company. The Customer may check the status of his order on the Website at any time. Follow-up on the Delivery can also, if required, be carried out using the follow-up online tools provided by certain carriers. The Customer may also contact the sales department of the Company by e-mail, using the address email@example.com, in order to obtain information on the status of his order.
The information that the Customer provides to the Company during an order must be complete, accurate and up-to-date. The Company reserves the right to ask the Customer to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Title V –ORDERS
The Company undertakes to provide information on the essential characteristics of the Products as well as the mandatory information that the Customer must receive under the applicable law.
The Customer undertakes to read this information carefully before placing an order on the Website.
Unless expressly stated otherwise on the Website, all Products sold by the Company are new and comply with the European legislation in force and the standards applicable in France.
Orders of Products are placed directly on the Website. To place an order, the Customer must follow the steps as described below. Depending on the Customer's start page, these steps may differ slightly.
2(a). Selection & Options
The Customer must select the Product(s) of his choice by clicking on the desired Product(s) and selecting characteristics and quantities. Once a Product has been selected, the Product will be placed in the Customer's shopping cart. The Customer can then add to his shopping cart as many Product(s) as he wishes.
Once the Product(s) have been selected and placed in the shopping cart, the Customer may click on the cart and verify that the contents of his order are correct. If the Customer has not yet done so, he will then be asked to identify himself or to register an account.
Once the Customer has is registered and has confirmed the contents of the shopping cart, they will be presented with an automatically compiled online form summarizing the price, added taxes and, where applicable, the delivery costs.
The Customer is invited to check the contents of his order (including quantity, characteristics and references of the Product(s) ordered, the billing address, the payment means and the price) before validating its content.
The Customer may then proceed to payment by following the instructions on the Website and provide the billing and delivery information. For any Product(s) for which options are available, the specific references will appear when the proper options have been selected. Any order placed must include all the information necessary for the proper processing of the order.
The Customer must also select the chosen delivery method.
2(c). Acknowledgement of receipt
Once the above steps have been completed, a pop-up will appear on the Website to acknowledge receipt of the Customer's order. An email confirmation of the acknowledgement receipt will also be automatically sent, provided that the email address provided upon registration is correct. .
The Company does not provide any further order confirmation by post or fax.
During the ordering process, the Customer must enter the required billing information (the asterisk sign (*) indicates the mandatory fields required for the order to be processed).
The Customer must clearly provide all the information pertaining to the Delivery, in particular the exact Delivery address, as well as the relative access codes that may be required.
The Customer must then specify their chosen payment method.
Neither the order form nor the acknowledgement of receipt constitute an invoice. The Customer will receive the original invoice inside the Delivery package.
3. Order Date
The Order Date is the date on which the Company acknowledges receipt of the online order. The deadlines indicated on the Website are counted from this date. date
The prices for the Products may be found on the Website and are displayed in Euro (€) all taxes included, including delivery charges (depending on the weight of the package, the Delivery address, the chosen carrier and excluding packaging and eventual gifts).
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate of will automatically be applied to the prices listed.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
The Company reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates indicated on the Website (with the exception of gross and manifest errors) and in force at the time of the confirmation of the order, subject to availability.
Prices may also be modified in case of promotional offers or special sales.
Articles offered by the Company through its Website are valid for the duration of their availability online, within the limits of available stocks. Out-of-stock or unavailable items will be clearly indicated as such.
In the event of in which an item becomes unavailable after an order has been placed, the Company undertakes to inform the Customer by email as soon as reasonably possible.
The Company will, at the request of the Customer :
- offer to ship all Product at the same time as soon as the out of stock Products become available again; or,
- make a partial shipment of the available Products followed by a shipment of the remainder of the order when the out of stock Products become available again , subject to agreement on the additional transport costs that may be incurred; or,
- offer a similar item of equal value.
Should the Customer decide to cancel his order of unavailable Products, they will be refunded in full within thirty (30) days of Payment.
Title VI – RIGHT OF WITHDRAWAL
The Right of withdrawal terms are provided in Appendix 1 hereof and may be accessed at the bottom of each webpage via a hypertext link.
Title VII – PAYMENT
1. Methods of Payment
The Customer may pay for their chosen Products on the Website according to the payment methods made available by the Company.
The Customer warrants that they hold all the required authorizations to use the means of payment chosen. In case of fraudulent transactions, the Company will in no case be held liable.
The Company will make every effort to ensure the security and confidentiality of the data transmitted online as part of the online payment process on the Website.
Credit card payments are 100% secure, whether through the payment provider or via the PayPal platform. The data is directly forwarded in encrypted format to the payment providers. At no time does the Company store or have access to this confidential data.
2. Date of Payment
For Credit Card payments, the Customer account is debited as soon as the order is confirmed.
In cases of partial Delivery, the total amount will be debited at the earliest when the first parcel is dispatched. If the Customer decides to cancel the unavailable Products, the refund will be made in accordance with the last paragraph of Title V, section 5 of these General Conditions.
3. Delay or Refusal of Payment
Should the bank refuse to process a payment, the Customer must contact the Company’s Customer Care service and arrange to pay the order by any other valid means of payment.
In the event that, for any reason whatsoever, the payment due by the Customer is impossible to process, the order will be cancelled and the sale automatically terminated.
Title VIII – RECORDS AND RULES OF EVIDENCE
The computerized records kept in the Company's computer systems under reasonable security conditions are considered as proof of communications, orders and payments between the parties.
The filing of purchase orders and invoices corresponding to orders in an amount greater than 120 Euro are archived fro a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code and are stored on reliable and durable systems which can be produced as evidence.
The Company agrees to produce a copy of the contract at the Customer's request.
In case of dispute, the Company will have the opportunity to prove the integrity of the transaction and the reliability of the tracking system.
Title IX – TRANSFER OF OWNERSHIP
Until the complete payment of the Products, they remain the property of the company.
The above provisions do not prevent the transfer to the Customer or a third party designated by the Customer of the risks of loss or damage of the Products, nor do they override the Company’s right to invoke the retention-of-title clause stipulated in these general terms of sale.
Title X – DELIVERY
The Terms of Delivery are provided in Appendix 2 hereof and may be accessed at the bottom of each webpage via a hypertext link.
Title XI – PACKAGING
Products will be packaged in accordance with the applicable carrier standards in order to guarantee maximum protection during Delivery. The Customer undertakes and warrants that they will abide by the same standards when returning Products under the conditions set out in Appendix 1 - Right of Withdrawal terms
Title XII – WARRANTY
1. Warranty of Conformity
Article L.211-4 of the French Consumer Code: "The seller is obliged to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when these duties arise by contract or have been carried out under their responsibility. "
Article L.211-5 of the French Consumer Code: “To comply with the contract, the product must:
- Be fit for the purpose usually of a [...] similar property and, where applicable:
- Match the description given by the seller and possess the qualities that has presented to the buyer as a sample or model;
- Possess the features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; or,
- Have the qualities defined by common agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
The Company is required to deliver a compliant Product that is fit for the expected use of similar goods and corresponding to the description given on the Website. This compliance also assumes that the Product has all of the qualities that a buyer can legitimately expect given the public statements made by the Company, including in advertisements and on labels.
In this context, the Company is liable for existing defects of conformity during delivery and for any lack of conformity resulting from the packaging, the assembly instructions or the installation when when these duties arise by contract or have been carried out under its responsibility
Any action resulting from the lack of conformity shall be barred after two years have elapsed since the delivery of the Product. (Article L.211-12 of the French Consumer Code)
In the case of lack of conformity, the Customer may request the replacement or repair of the Product. If the cost of the Customer's choice, however, is manifestly disproportionate with regards to other possible options (given the value of the Product or the measure of the defect), the Company may choose to refund the Customer, irrespective of their choice.
In the event that a replacement or repair is impossible, the Company undertakes to refund the Product within 30 days from the receipt of the returned Product and provided that the Product is returned to the following address: Place aux Herbes, 26170 Buis les Baronnies.
Finally, the Customer is exempted from providing proof of the lack of conformity during the six (6) months following the delivery of the goods.
The present conformity guarantee is applicable independently notwithstanding any other commercial guarantee applicable to the Products.
2. Latent Defects Warranty
The Company is bound by the latent defects warranty for any Product which is unsuitable for the use for which it is intended, or where the latent defects reduce such use so much that the Customer would not have acquired it, or would have offered a lower price had he been aware of them. (Article 1641 of the Civil Code)
This warranty enables the Customer who is able prove the existence of a latent defect to choose between the refund of the Product if it is returned or the partial refund if the Product is not returned.
In the event that a replacement or repair is impossible, the Company undertakes to refund the Product within 30 days from the receipt of the returned Product and provided that the Product is returned to the following address: Place aux Herbes, 26170 Buis les Baronnies.
Any action resulting from latent defects shall be barred after two years have elapsed since the delivery of the Product. (Paragraph 1 of Article 1648 of the Civil Code)
Title XIII – LIABILITY
The Company shall not be held liable in the event of non-performance or improper performance of the contractual obligations attributed to the Customer, in particular during order entry.
The Company shall not be held responsible, or considered to have failed in its duties, for any delay or non-performance when the cause thereof is related to a case of force majeure as defined by French courts, tribunals and case law.
The Company is required to create hypertext links which may redirect the user to websites which have no connection with the Company. These links are given for information purposes only and no warranty is provided as to their content. The company disclaims any liability for content published and disseminated via these links.
Title XIV – DATA PROTECTION
The data collected by the Company is used to process orders placed on the Website, manage the Customer's account, analyse orders and send commercial, promotional or special sales information if the Customer has ticked these options and unless the Customer has stated that they no longer wish to receive such communications from the Company.
The Customer's data is kept confidential in accordance with the CNIL declaration for the purposes of this contract, its execution and in compliance with French law.
Customers may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each and every email offer they receive.
This data may be communicated, in whole or in part, to the carriers involved in the ordering process. For commercial purposes, the Company may also transfer this data to business partners ( Name and Contact details), provided that they have given prior consent upon registration.
The Company will undertake to specifically ask Customers if they wish their personal data to be disclosed. Customers may change their mind at any time and withdraw their consent, both on the Website or by contacting the Company. The Company will also specifically ask Customers if they wish to receive commercial communications from its partners.
As per the French Data Processing and Civil Liberties Law, n° 78-17, 6 January 1978 regarding IT, data protection and civil liberties, Customers are entitled to access, change, correct and delete personal data concerning themselves. They may exercise this right at any time by e-mail to the following address: firstname.lastname@example.org or by letter addressed to Place aux Herbes, 26170 Buis les Baronnies.
It is a specific requirement that the Customer prove his identity upon request, either by scanning an identity document via email or by sending the Company a photocopy of said document.
Title XV – CLAIMS
The Company provides a customer care service at the following number +33 4 28 52 00 00 (non-surcharged number).
Any written complaints must be sent to the following address: Place aux Herbes, 26170 Buis les Baronnies.
Title XVI – INTELLECTUAL PROPERTY
All elements of the online store, including the underlying technology used, are and remain the exclusive intellectual property of the Company and are protected by copyright, trademark law and / or patents.
No-one is authorized to reproduce, exploit, copy or broadcast - even partially and for any reason whatsoever - elements of the website be they software, graphics or sound. Linking to our website, in any form whatsoever is strictly prohibited without the written consent of the Company.
This written consent is by no means granted indefinitely. Links must be removed at the request of the Company. Hypertext links to the Website using techniques such as framing or in-line linking are strictly prohibited.
Title XVII – VALIDITY
Should one or more provisions of these terms and conditions be held invalid or declared as such by application of a law or a regulation, or following a final decision from a competent court, this shall not affect the validity of the other provisions or operate as a waiver thereof.
Any conditions not expressly dealt with herein shall be governed by the established uses of the retail sector for companies whose head office is in France.
Title XVIII – MODIFICATION
These Terms & Conditions apply to any purchases made online on the Website and for as long as the Website is available online.
The Company reserves the right to modify these Terms & Conditions of sale at any time by publishing a new version that will be applicable to any order placed after the time of its posting.
Changes to the Terms & Conditions will not apply to PRODUCTS already purchased.
Title XIX - GOVERNING LAW AND JURISDICTION
This Agreement is governed by and shall be construed in accordance French Law.
The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of French courts, notwithstanding plurality of defendants or warranty claims.
Upon the occurrence of any conflict relating to this contract, including its validity, and prior to any legal recourse, the parties agree to make every reasonable effort to reach an amicable agreement and to negotiate in a spirit of loyalty and good faith.
The party wishing to implement the negotiation process must inform the other party by certified mail with return receipt summarising the conflictual elements to be addressed. If, after a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute shall be submitted to the competent court.
Throughout the entire negotiation process and until its outcome, the parties refrain from taking any legal action against each other regarding the conflict that is subject of the negotiation. Both parties may however submit a substantiated request for interim measures to the court of summary proceedings. Such action will not entail on the part of the parties any waiver of the amicable settlement clause, unless otherwise expressly agreed.
STATUTORY RIGHT OF WITHDRAWAL - TERMS
The Customer may exercise their statutory right of withdrawal and return the Product to the Company, or to a third party designated by the latter, at the latest within a fourteen (14) day cooling-off period following communication of their retraction and without undue delay, unless the Company itself proposes to recover the Product.
The withdrawal period expires fourteen (14) calendar days after the day the Customer, or a third party other than the carrier designated by the Customer physically takes possession of the Product.
In the event that the Customer has placed several orders, or a single order giving rise to several Deliveries, or an order for a single Product delivered in several instalments, the cooling-off period period will expire fourteen (14) calendar days after the day the Customer, or a third party other than the carrier designated by the Customer physically takes possession of the last Product delivered.
STATUTORY RIGHT OF WITHDRAWAL - NOTIFICATION
To exercise their statutory right of withdrawal, the Customer must unambiguously notify the Company of their decision to withdraw from this contract by means of a written declaration sent to Place aux Herbes, 26170 Buis les Baronnies or by email to email@example.com.
The below form may be used for convenience:
RIGHT OF WITHDRAWAL FORM
To the attention of ‘insert Company contact details’
Company's phone number: ‘insert phone number’
Company's fax number: ‘insert fax number’
Company's email address: ‘insert email address’
With the present notification I am exercising my statutory right of withdrawal for the sale of the Product detailed below:
- Ordered on ‘insert date’ and received on ‘insert date’
- Payment method used: ‘insert payment method’
- Customer name and, if different, the order beneficiary: ‘insert customer name and beneficiary’
- Customer address: ‘insert customer address’
- Delivery address : ‘insert delivery address’
- Customer 's signature (not required for email notification)
- Date: ‘insert current date’
For the right of withdrawal to be valid, the Customer must communicate the exercise of their right of withdrawal before the expiry of the cooling-off period.
STATUTORY RIGHT OF WITHDRAWAL - EFFECTS
In the event that the right of withdrawal is exercised by the Customer, the Company undertakes to reimburse the totality of the sums paid, including delivery expenses, without excessive delay and, in any event, at the latest fourteen (14) days counting from the day the Company is informed of the Customer's retraction.
The Company will refund the Customer using the same means of payment that the Customer has used for the initial transaction, unless the Customer and the Company expressly agree on a different means of reimbursement. In any case, the refund will not give rise to any costs for the customer.
The Company may defer the refund until receipt of the goods or until the Customer has provided proof of shipment, whichever comes first.
STATUTORY RIGHT OF WITHDRAWAL – TERMS OF RETURN
The Customer shall, without undue delay and, in any event, no later than fourteen (14) days after communication of their decision to withdraw from this contract, return the property to: Place aux Herbes, 26170 Buis les Baronnies.
The goods must be returned before the expiry of the fourteen day period.
STATUTORY RIGHT OF WITHDRAWAL – RETURN FEES
The right to return a product may be exercised without penalty, with the exception of shipping and return fees, which will be borne by the Customer
STATUTORY RIGHT OF WITHDRAWAL – PRODUCT CONDITION
Returned items will only be accepted if they are returned in their entirety, including any accessories, in their original full packaging, intact and in perfect resale condition.
The Customer is only liable for depreciations of the Product resulting from reasonable manipulations necessary to establish the nature, characteristics and proper functioning of the Product. In other words, the Customer has the opportunity to view and test the Product but liability may be incurred for manipulations other than those that are reasonably necessary.
STATUTORY RIGHT OF WITHDRAWAL – EXCEPTIONS
The right of withdrawal is excluded in the following cases:
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader;
- the supply of goods that were made according to the specifications of the Customer or clearly bespoke and personalized goods;
- the supply of perishable goods;
- the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
- the delivery of newspapers, journals or magazines, excluding subscription contracts.
- the provision of non-residential accommodation, transportation of goods, car rental, catering or recreational services if the offer provides for specific dates or execution periods;
- the supply of goods which by their nature are inseparable from other articles
- the delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
- the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract of sale, the delivery of which can only be made after 30 days and where the actual value depends on market fluctuations beyond the control of the Company.
- the provision of digitized content if the performance of the contract has begun with the prior express consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
- in the case of contracts concluded at public auction
Delivery - Zones
The Products offered can only be delivered within metropolitan FRANCE. It is impossible to place an order for any delivery address located outside this Territory.
The Products are sent to the delivery address that the Customer has specified during the ordering process.
Delivery - Preparation
The delays for order preparation and necessary to establish an invoice are detailed on the Website. These delays exclude weekends and holidays.
An e-mail will automatically be sent to the Customer at the time of the shipment, provided that the e-mail address appearing on the registration form is correct.
Delivery – Estimated delivery times
During the ordering process, the Company will inform the Customer of the estimated delivery times for the Products purchased.
Shipping costs are calculated according to the delivery service chosen. These costs are added to the price of the Products purchased and will be payable by the Customer.
Delivery times and shipping costs are detailed on the Website.
Delivery - Terms
Parcels will be delivered to the Customer against their signature and upon presentation of their identification documents.
If no-one is available to accept the delivery, a notification of delivery will be left for the Customer to collect their parcel at their local post office branch.
Delivery - Problems
The Customer receives information on delivery dates during the online purchasing procedure, when a carrier is chosen and before confirming the order.
Deliveries will be made within thirty (30) days maximum. If this delay is exceeded, the Customer must provide notice to the Company to deliver within a reasonable time-frame. If this time-frame is exceeded and in case of non-delivery the Customer may terminate the contract.
Upon receipt of the termination letter, the Company will refund the Customer of the total amount paid for the Products, including taxes and delivery charges and using the same payment method that was used by the Customer to purchase products.
The Company liability is engaged up until the moment the Product is delivered to the Customer. The Customer has a period of three (3) days within which to notify the carrier of any damage or loss resulting from the delivery.