PRO general terms and conditions of sale
These general terms and conditions of sale (hereinafter the "General Terms and Conditions")
apply to any purchase made by an Internet user / natural person (hereinafter the "
CLIENT") on the website www.maisondelasoie.com (hereinafter the "SITE") from
MDLS , SAS registered in the Pau Trade and Companies Register under number
number 788988772, having its registered office at 183 rue d'Ayous, 64121 Serres-Castet, France , email : support@maisondelasoie.com (hereinafter the "SELLER").
IMPORTANT
Any order placed on the SITE implies the unreserved acceptance by the
acceptance by the CLIENT of these terms and conditions of sale.
Article 1. DEFINITION
The terms used hereinafter have the following meanings in these General Terms and Conditions:
"CUSTOMER": refers to the SELLER's co-contractor, who warrants that he/she has the status of
as defined by French law and jurisprudence. As such,
it is expressly stipulated that this CLIENT is acting outside the scope of any usual
or commercial activity.
"DELIVERY": refers to the first presentation of the PRODUCTS ordered by the
by the CLIENT at the delivery address indicated at the time of the order.
"PRODUCTS": refers to all products available on the SITE.
"TERRITORY": refers to Metropolitan FRANCE, the French overseas departments and territories, Switzerland, Norway and the member countries of the European Union.
Article 2. PURPOSE
The present General Conditions govern the sale by the SELLER to its CUSTOMERS of the
PRODUCTS.
The CUSTOMER is clearly informed that he is registering as a professional and that the contractual conditions from which he benefits are distinct from the contractual conditions specific to consumers.
Article 3. ACCEPTANCE OF GENERAL CONDITIONS
The CUSTOMER undertakes to read these General Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE.
The present General Conditions are referenced at the bottom of each SITE page by means of a link
and must be consulted before placing an order. The CUSTOMER is
to carefully read, download, print and retain a copy of the Terms and Conditions.
keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions with each new
order, as the latest version of these Terms and Conditions applies to all new
order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm
confirm the said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 4. OPENING AN ACCOUNT - PURCHASING PRODUCTS ON THE SITE
In order to purchase a PRODUCT, the CLIENT must be at least 18 years of age and have legal capacity or, if a minor, be able to justify the agreement of his/her legal representatives.
legal representatives.
The CLIENT will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the SELLER to process the CLIENT's order. The CLIENT can check the status of his order on the SITE. If necessary, DELIVERY can be tracked using the online tracking tools of certain carriers. The CLIENT may also contact the SELLER's sales department at any time by e-mail at contact@maisondelasoie.com to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER when placing an order must be
complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to
confirm, by any appropriate means, its identity, eligibility and the information
provided.
Article 5. ORDERS
Article 5.1 Product characteristics
The SELLER endeavours to present as clearly as possible the main characteristics of the
characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory
mandatory information that the CLIENT must receive under applicable law (in these General Terms and Conditions).
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the
SITE, in particular according to the constraints of its suppliers.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER
are new and comply with current European legislation and standards applicable in France.
Article 5.2. Order procedure
Orders for PRODUCTS are placed directly on the SITE. To place an
order, the CLIENT must follow the steps described below (please note, however, that depending on the
depending on the CLIENT's start page, the steps may differ slightly).
may differ slightly).
5.2.1. PRODUCT selection and purchase options
The CLIENT must select the PRODUCT(s) of his/her choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CLIENT's shopping cart. The CLIENT may then add as many PRODUCTS as he/she wishes to his/her basket.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the shopping cart, the CLIENT must click on the shopping cart and check that the contents of the order are correct. If the CLIENT has not
will then be invited to log in or register.
Once the CUSTOMER has validated the contents of the basket and logged in/registered,
they will be presented with an automatically completed online form
summarizing the price, applicable taxes and, where applicable, delivery charges.
The CLIENT is invited to check the contents of his/her order (including the quantity, characteristics
characteristics and references of the PRODUCTS ordered, the billing address, the means of
payment method and price) before validating it.
The CLIENT may then proceed to pay for the PRODUCTS by following the instructions
on the SITE and provide all the information required for invoicing and DELIVERY of the PRODUCTS.
DELIVERY of the PRODUCTS.
In the case of PRODUCTS for which options are available, these specific references
appear when the correct options have been selected.
Orders placed must include all the information required to process the order.
order processing.
The CLIENT must also indicate the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the order acknowledgement
order is automatically sent to the CLIENT by e-mail, provided that the
e-mail, provided that the e-mail address given on the registration form is
registration form is correct.
The SELLER does not send order confirmations by post or fax.
by fax.
5.2.4. Billing
During the order process, the CLIENT must enter the information required for invoicing.
(the sign (*) indicates the mandatory fields that must be completed for the SELLER to process the CLIENT's order).
In particular, the CLIENT must clearly indicate all information relating to
the exact DELIVERY address, as well as any access code to the DELIVERY address.
access code to the DELIVERY address.
The CLIENT must then specify the chosen method of payment.
Neither the order form drawn up by the CLIENT online, nor the acknowledgement of receipt of the order
order that the SELLER sends to the CLIENT by e-mail do not constitute an invoice. Whatever the order or payment method used, the CLIENT will receive the original invoice by e-mail with the order summary.
5.3. Order date
The order date is the date on which the SELLER acknowledges online receipt of the order. The lead times indicated on the SITE only begin to run from this date.
date.
5.4. Prices
For all PRODUCTS, the CLIENT will find prices displayed on the SITE in euros, exclusive of tax, as well as the applicable delivery charges (depending on the weight of the parcel,
packaging and gifts, the DELIVERY address and the carrier or mode of transport
chosen).
The total price indicated in the basket includes value-added tax (VAT) at the rate in force on the order date. Any change in the applicable rate may have an impact on the price of the PRODUCTS from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.
The prices indicated are valid, except for gross errors. The applicable price is that indicated
on the SITE on the date the order is placed by the CLIENT.
5.5. PRODUCT availability
Depending on the PRODUCT concerned, the SELLER applies "just-in-time" stock management.
management. Consequently, depending on the case, the availability of PRODUCTS depends on the SELLER's stocks.
The SELLER undertakes to honour orders received subject to the availability of PRODUCTS.
are available.
In principle, the unavailability of a PRODUCT is indicated on the PRODUCT page concerned.
CLIENTS may also be informed by the SELLER when a PRODUCT is restocked.
In any event, if unavailability has not been indicated at the time of ordering, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the CLIENT's request :
either offer to ship all PRODUCTS at the same time as soon as the PRODUCTS out of stock
out-of-stock PRODUCTS become available again,
or proceed with a partial shipment of the available PRODUCTS initially, and then with the shipment of the remainder of the order when the other PRODUCTS are available, subject to notification of the CLIENT.
the rest of the order when the remaining PRODUCTS become available, subject to clear
that may be incurred,
Or propose an alternative PRODUCT of equivalent quality and price, accepted by the
ACCEPTED BY THE CLIENT.
If the CLIENT decides to cancel his or her order for unavailable PRODUCTS, he or she will be reimbursed for all sums paid for the PRODUCTS.
reimbursement of all sums paid for unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.
Article 6. Right of withdrawal
Professional customers do not have the right of withdrawal. Any mention to the contrary on the site is intended for private customers.
Article 7. PAYMENT
7.1. Payment methods
The CLIENT may pay for PRODUCTS online on the SITE using the methods proposed by the SELLER.
The CLIENT warrants to the SELLER that it holds all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and
confidentiality of data transmitted online as part of online payment on the SITE.
It is hereby specified that all payment information provided on the
SITE are transmitted to the SITE's bank and are not processed on the SITE.
7.2. Payment date
In the case of a single payment by credit card, the CLIENT's account will be debited as soon as the
order placed on the SITE.
If the CLIENT decides to cancel an order for PRODUCTS that are unavailable, reimbursement will be made in accordance with the last paragraph of article 5.5 of these Terms and Conditions.
7.3. DELAY OR REFUSAL OF PAYMENT
If the bank refuses to debit a card or other means of payment, the CLIENT must
contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.
If, for any reason whatsoever (opposition, refusal or other), the transmission of the
impossible, the order will be cancelled and the sale automatically terminated.
cancelled and the sale automatically terminated.
Article 8. Proof and archiving
Any contract concluded with the CUSTOMER corresponding to an order amounting to more than 120 euros inclusive of tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system
system is reliable and guarantees the integrity of the transaction.
Article 9.
Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until full payment has been received from the CLIENT.
The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt
or by a third party designated by the CLIENT other than the carrier, of the risks of loss or
of loss or damage to the PRODUCTS subject to retention of title, as well as the risk of
the risks of damage they may cause.
Article 10. Delivery
The terms and conditions of DELIVERY of the PRODUCTS are set out in the "delivery policy" referred to in Appendix 1 hereto and accessible at the bottom of each SITE page via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY.
Article 12. Warranties
12.1. Warranty of conformity
The SELLER is bound to deliver a PRODUCT in conformity, i.e. fit for the use expected of a similar good and corresponding to the description given on the SITE. This conformity also implies that the PRODUCT has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the SELLER, including in advertising and on labelling.
In this context, the SELLER is liable for defects in conformity existing at the time of delivery
at the time of delivery, and for defects in conformity resulting from packaging, assembly
instructions or installation when the latter has been charged to the SELLER or carried out under the SELLER's responsibility.
Any action arising from a lack of conformity shall be barred after two (2) years from the date of
DELIVERY of the PRODUCT.
In the event of a lack of conformity, the CLIENT may request replacement or repair of the PRODUCT, at its option.
repair of the PRODUCT, at his or her option. However, if the cost of the CLIENT's choice is
manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT.
In the event that replacement or repair is impossible, the SELLER undertakes to return the PRODUCT to the CLIENT.
undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for the return of the PRODUCT by the CLIENT to the following address 183 rue D'Ayous, 64121 Serres-Castet.
12.2 Warranty against hidden defects
The SELLER is bound by the warranty for latent defects in the PRODUCT sold which render it unfit for its intended use, or which so diminish such use that the CLIENT would not have purchased it, or would have paid a lesser price for it, had he been aware of them.
This warranty allows the CLIENT, who can prove the existence of a latent defect, to choose between
between reimbursement of the price of the PRODUCT if it is returned, or reimbursement of part of the price if the PRODUCT is returned.
if the PRODUCT is not returned.
In the event that replacement or repair is not possible, the SELLER
undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT in exchange for the return of the PRODUCT by the CLIENT to the following address 183 rue d'Ayous, 64121 Serres-Castet.
Any action arising from latent defects must be brought by the CLIENT within two
(2) years from the discovery of the defect.
Article 13. Liability
The SELLER may not be held liable in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular during order entry.
The SELLER may not be held responsible, or considered to have failed in the present
for any delay or non-performance, when the cause of the delay or non-performance
is linked to a case of force majeure as defined by the jurisprudence of the French courts.
It is further specified that the SELLER has no control over websites that are directly or indirectly linked to the SITE.
directly or indirectly linked to the SITE. Consequently, the SELLER accepts no liability for the information published on these sites. Links to third-party websites are provided for information purposes only, and no guarantee is given as to their content.
Article 14. Personal data
On the SITE, the SELLER collects personal data concerning its Customers, including through cookies.
including through the use of cookies. CUSTOMERS may deactivate cookies by following the instructions
instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE
orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has
option, send them commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER in accordance with its declaration to the CNIL, for the purposes of the contract and its execution, and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by
clicking on the hypertext link at the bottom of each offer received by e-mail.
e-mail.
Data may be communicated, in whole or in part, to the SELLER's service providers
service providers involved in the order process. For commercial purposes, the
SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that the latter have given their prior consent when registering on the SITE.
The SELLER will specifically ask CLIENTS if they wish their personal data to be disclosed.
to be disclosed. CLIENTS may change their minds at any time on the SITE or by contacting the SELLER.
The SELLER may also ask its CLIENTS whether they wish to receive commercial
from its partners.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978
and liberties, the CLIENT has the right to access, rectify, oppose (for legitimate reasons) and delete his personal data. This right may be exercised by sending an e-mail to contact@maisondelasoie.com or by sending a letter to 183 rue d'Ayous, 64121 Serres-Castet.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
See our data protection policy.
Article 15. Complaints
Any written complaint by the CUSTOMER must be sent by e-mail to the address: support@maisondelasoie.com or by post to the address: 183 rue D'Ayous, 64121 Serres-Castet.
Article 16. Intellectual property rights
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Any person who publishes a website
and wishes to create a direct hypertext link to the SITE must request authorization from the SELLER in writing.
Under no circumstances will the SELLER's authorization be granted on a permanent basis. This
link must be removed at the SELLER's request. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the General Terms and Conditions
Any change in current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions, shall not affect the validity of these General Terms and Conditions. Any such modification or decision shall in no way authorize CLIENTS to disregard these General Terms and Conditions.
Any terms and conditions not expressly dealt with herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
Article 18. Modification of the General Terms and Conditions
The present General Terms and Conditions apply to all purchases made online on the SITE, for as long as the SITE is available online.
The General Terms and Conditions are dated precisely and may be modified and updated by the SELLER.
updated by the SELLER at any time. The General Conditions applicable are
those in force at the time of the order.
Changes to the General Terms and Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Terms and Conditions and the relationship between the CLIENT and the SELLER
are governed by French law.
In the event of a dispute, the French courts shall have exclusive jurisdiction.
However, prior to any recourse to an arbitral or governmental judge, priority will be given to
negotiation in a spirit of loyalty and good faith with a view to reaching an amicable
in the event of any dispute relating to the present contract, including those concerning its
its validity.
The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If the parties fail to reach agreement within fifteen (15) days, the dispute will be submitted to the competent court designated below.
Throughout the negotiation process and until its conclusion, the parties agree not to
from taking any legal action against each other in relation to the dispute under negotiation.
negotiations. By way of exception, the parties are authorized to bring an action before a court of summary jurisdiction or to apply for an order on petition. Any action before the
the parties to waive their right to take part in the negotiations.
waiver of the amicable settlement clause, unless expressly agreed otherwise.
express wish to the contrary.
Article 20: Mediation
MAISON DE LA SOIE SAS aims to satisfy its customers and to respond sympathetically to all justified and reasonable complaints.
In accordance with the provisions of article L612-1 of the Consumer Code concerning the amicable settlement of disputes, it guarantees in particular to individual customers the effective use of a consumer mediation system. Professional customers are excluded from the scope of the consumer mediation system and must address their request directly to the customer service department of MAISON DE LA SOIE SAS.
Article 21. Environmental obligations
The company is registered with the French Environment and Energy Management Agency (ADEME) under number FR033439_108QID, in accordance with the regulations relating to the management of waste furnishing elements, in accordance with article R. 543-254 of the French Environment Code and the Order of August 5, 2013.
APPENDIX 1
DELIVERY POLICY
Delivery zone
The PRODUCTS offered can only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address outside this TERRITORY.
PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the order process.
Shipping time
The lead times for order preparation and invoicing, prior to shipment of in-stock
PRODUCTS in stock are mentioned on the SITE. These times do not include weekends or public holidays.
An e-mail will automatically be sent to the CLIENT when the PRODUCTS are
of shipment of the PRODUCTS, provided that the e-mail address entered in the
registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CLIENT the possible delivery times and shipping methods for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method. The amount of these
will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
Delivery times and costs are detailed on the SITE.
Terms of DELIVERY
The parcel will be delivered to the CLIENT upon signature and presentation of proof of identity.
In the event of absence, a delivery notice will be left with the CLIENT to enable him/her to collect the parcel from the post office.
the parcel at the post office.
Delivery problems
The CLIENT is informed of the delivery date when choosing the carrier, at the end of the online ordering procedure, before confirming the order.
Unless otherwise specified, deliveries will be made within a maximum of thirty (30) days. Failing this, the CLIENT may give formal notice to the SELLER to deliver within a reasonable period, and in the event of non-delivery within this period, the CLIENT may cancel the contract.
The SELLER will reimburse the CLIENT, without undue delay from receipt of the letter of termination
the total amount paid for the PRODUCTS, including taxes and delivery charges, to the CLIENT
by the same method of payment used by the CLIENT to purchase the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is reminded that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.