General Terms and Conditions of Sale
These terms and conditions of sale are applicable to MAISON DE LA SOIE, headquartered and located at Sauvagnon (64230) 26 Chemin Berdollou, and to any other physical or legal person wishing to make a sale via the web site of MAISON DE LA SOIE, henceforth referred to as “the buyer(s)”.
Objective
These terms and conditions of sale aim to define the contractual relationship between the company MAISON DE LA SOIE and the buyer, as well as the conditions applicable to all sales carried out on the merchant site of the company MAISON DE LA SOIE, regardless of whether the buyer is a private consumer or purchasing for resale.
The acquisition of a product or service through the aforementioned site will be considered unconditional acceptance on the part of the buyer of the terms and conditions herein.
These conditions shall prevail over all other general or specific conditions not expressly agreed to by the company MAISON DE LA SOIE.
MAISON DE LA SOIE reserves the right to modify these conditions at any time. In this case, the applicable conditions shall be those in effect at the date of purchase.
Characteristics of goods and services offered
The products and services offered are those appearing in the catalogue published on the website of company MAISON DE LA SOIE.
These products and services are offered while in stock.
Each product is accompanied by a description.
To the extent possible, the photographs in the catalogue are faithful representations of the product to be sold, however, a perfect resemblance of the offered product cannot be guaranteed, particularly where colours are concerned.
Prices
The prices that appear in the catalogue are all in Euros and include tax.
Company MAISON DE LA SOIE reserves the right to modify prices at any time, being it understood that the price appearing in the catalogue at the date of purchase is the only price applicable to the buyer.
The prices indicated do not include all of the costs of the order, transport and delivery in the case of orders to the geographical regions named below. In the case of French Overseas Departments and Territories (henceforth referred to as “DOMs” and “TOMs” respectively and “DOM-TOMs” collectively) the buyer should indicate his delivery address country as “DOM” or “TOM” so that the site can automatically calculate the transport fees for that region. In other cases, the company MAISON DE LA SOIE reserves the right to refuse the order or to request the supplemental fees.
Geographical area
Online sales of products and services presented on this site is reserved for buyers residing in France, Monaco, Andorra, Switzerland, member countries of the European Union, or in the DOM-TOMs, and for deliveries to these same geographical areas.
Orders
The buyer, when making a purchase of goods or services:
Will fill out the identification form, including all necessary information and providing a customer number if applicable
- fill out the online purchase order, giving all applicable reference numbers for the selected products or services
Confirm the order when the details have been verified
Make the payment according to the agreed upon conditions
Confirm the order and payment.
The order confirmation will follow the acceptance of these conditions, the acknowledgement of complete understanding of these terms, and the waiving of any other conditions set forth by the buyer or others.
All data provided along with the registered confirmation will serve as proof of the transaction. The confirmation will serve as signature and acceptance of the effected transaction.
The vendor will send confirmation by e-mail.
Cancellations
Buyers, whether they be private consumers or purchasing for resale, are entitled to a cancellation period of 7 days, counting from the delivery of the product, during which time they may return the product to the vendor for exchange or reimbursement without penalty, minus the return delivery fees.
Because of hygiene issues, products that have already been used will not be accepted or exchanged.
In accordance with the Chatel Law, products manufactured by the client are not covered by this cancellation period.
Payment methods
Payment is due upon making the order.
-Payment in Euros by bank or postal check (only in metropolitan France and the DOM-TOMs) should be made out to the order of SARL MAISON DE LA SOIE. Checks drawn up in any other manner will be returned to the sender and the order will be cancelled.
Upon receipt of your order, your product will be reserved for 10 days. If a check has not been received by this date, your order will be cancelled.
Payment by check should be addressed to:
SARL MAISON DE LA SOIE
183 rue d'ayous
64121 SERRE CASTET
-Payments by bank card are made through Cybermut, Crédit Mutuel’s secure banking system using SSL (Secure Socket Layer) protocol. Submitted information is software-encrypted and not accessible by third parties while in transit to our network.
Payment will be carried out using Crédit Mutuel’s secured banking server. This means that none of your banking information will pass through the www.maisondelasoie.com web site. Your order will be registered and validated upon acceptance of your payment by this Bank.
-The payment system secured by Paypal protects the customer against fraud. It is possible to pay with a Paypal account or directly with a bank card. In the event of fraud, the customer may obtain direct reimbursement of his or her order by Paypal. The vendor will not be held liable.
Delivery
Orders are sent to the address indicated in the purchase order, which must be within the agreed geographical zones.
Risk is borne by the buyer from the moment that products have left the locations belonging to MAISON DE LA SOIE. In the event that products are damaged during transport, any claims must be made against the transporter within a period of three days from the date of delivery.
Delivery periods are estimates. If thirty days have passed since your order, the sales contract will be terminated and the buyer will be reimbursed.
Warranty
All products supplied by the vendor are covered under legal warranty as per Articles 1641 et seq of the Civil Code.
If a product is not in accordance with quality standards, it may be returned to the vendor to be exchanged or refunded.
All claims or requests for exchange or refunds should be made within thirty days from delivery, by postal method to the following address:
SARL MAISON DE LA SOIE
183 rue d'ayous
64121 SERRE CASTET
Liability
During the online sale process, the vendor is bound only by the “best efforts” obligation. Liability cannot be incurred for damages resulting from the use of the Internet, such as loss of data, intrusion, virus, loss of service, or other involuntarily issues.
Intellectual property
All elements of the website belonging to the company MAISON DE LA SOIE are and remain the exclusive intellectual property of MAISON DE LA SOIE.
No one is authorised to partially or wholly reproduce, exploit, disseminate, or otherwise make use of any elements of the site, including software, visuals, or sounds for any purpose.
The use of simple or hypertext links are strictly forbidden, without express written agreement from the company MAISON DE LA SOIE.
Personal data
In accordance with the law of 6 January 1978 regarding data processing and individual liberties, identifying information relative to the buyers may be subjected to automatised processes.
The company MAISON DE LA SOIE reserves the right to collect information on buyers including the use of cookies, and, if desired, to provide this data to business partners.
Buyers may oppose the release of their data by contacting the company MAISON DE LA SOIE. As such, users have the right to access and rectify data pertaining to them, in accordance with the law of 6 January 1978.
The automatic processing of data, including the management of e-mail addresses provided by users of the site, are covered under the Declaration to the CNIL of 18 November 2012, registered under number 1631955.
Storage – Proof
The company MAISON DE LA SOIE will store the faithful copies of purchase orders and invoices in a secure location, in accordance with the provisions of Article 1348 of the Civil Code.
The computerised registries belonging to company MAISON DE LA SOIE are considered by all parties to be proof of communication, orders, payments, and transactions having been entered into between the parties.
Settlement of disputes
These terms and conditions regarding online sales are subject to French law.
In the event of any dispute, the case will be under the jurisdiction of the presiding courts of Pau, regardless of the number of respondents or warrantee claims.
This version in effect as of 25 November 2012