GENERAL CONDITIONS OF ONLINE SALE
Article 1. General provisions
Maison Primitive is a société par actions simplifiée (simplified joint stock company), registered in the Alençon Trade and Companies Register under number 948 062 864, with its head office at Le Petit Ronceret 61350 Saint Roch-sur-Egrenne. Its VAT number is FR00948062864 Maison Primitive specializes in the sale of world crafts, furniture and decoration. Maison Primitive is the owner and publisher of the Maison Primitive website (accessible at www.maisonprimitive.com), through which Maison Primitive’s customers order all of the aforementioned products.
Article 2. Definitions
In these general terms and conditions of sale, words or expressions beginning with a capital letter shall have the following meaning: Customer: refers to any person (natural or legal) purchasing a Product sold on the Site, as a consumer, under the conditions agreed herein. General Sales Conditions: refers to the present document and any appendices. Party(ies): refers individually to the Customer or the Company and collectively to the Customer and the Company. Product(s): refers to all furniture (indoor and outdoor) and design decorations offered for sale on the Site. Site: refers to the www.maisonprimitive.com website owned and published by the Company. Company: refers to the company “Maison Primitive”.
Article 3. Object
The purpose of these General Terms and Conditions of Sale is to detail their scope of application, as well as the conditions for their acceptance. They also detail the conditions under which Products are sold on the Site. They also specify the terms and conditions for ordering and paying for these Products, as well as the conditions for their delivery, receipt, return and reimbursement. They also deal with the limitation of the Company’s liability. Article 4. Scope of the General Terms and Conditions of Sale The Parties agree that their relationship is governed by these General Terms and Conditions of Sale, to the exclusion of any conditions previously available on the Site. These General Terms and Conditions of Sale are applicable to all orders placed through the Site for Products offered by the Company.
Article 5. Acceptance of Terms and Conditions
Any order for Products implies the Customer’s prior express and unreserved acceptance of these terms and conditions, in accordance with the conditions set out in article 7. 1 hereof.
Article 6. Products
The Company offers selections of “unique” Products for sale online. The Company reserves the right to modify and renew its selections at any time. In addition, these selections are valid while stocks last. Thus, if a Product ordered is temporarily or permanently out of stock, the Company will notify the Customer as soon as possible. The Parties shall mutually agree : (i) the delivery of a Product offering similar characteristics to the Product initially ordered, subject to an increase/decrease in the initial sales price, depending on the price of the replacement Product; (ii) reimbursement of said Product (within a maximum of fourteen (14) days). The products offered for sale on the site are handmade, handcrafted and sometimes antique, which is why each piece is unique and may present imperfections and/or marks of use and time. The characteristics of each product are detailed on the specific product page. The Customer agrees to read them carefully before placing an order on the Site. The Products are presented visually by means of photographs and graphics, although the Company cannot guarantee the exact rendering of the tones and colors of the Products in relation to the visuals displayed on the Site.
Article 7. Controls
7.1.
Étapes Tout achat d’un Produit suppose : – la sélection d’un Produit à ajouter au « panier » du Client (en cliquant sur bouton « ajouter au panier ») – depuis ledit « panier », sa validation pour paiement (en cliquant sur le bouton « continuer»), après que le Client ait pris connaissance, une première fois, du récapitulatif de sa commande ; -l’identification du Client, le cas échéant : (i) by creating an account if you do not already have one. They must then provide personal information using the successive forms on the Site (e-mail; password; first name; last name; company, if applicable; address; cell phone), before clicking on the “continue” button; (ii) by logging into their account, if they already have one on the Site. They must then enter their e-mail address and password; (iii) or, if the Customer does not wish to create an account, by entering his/her surname, first name and delivery and billing addresses – the Customer validates his/her delivery and billing addresses, before clicking on the “continue” button; – the Customer is then redirected to a new page summarizing his/her order, where the delivery terms and costs defined by the Company are specified, depending on the Products ordered; – validation of the present order, by ticking the appropriate box at the end of this new page, prior to selecting a payment method (credit card; American Express; PayPal; in 3 instalments free of charge, by credit card (Visa or Mastercard), via the Stripe secure payment system), by clicking on the corresponding “continue” button.
7.2.
Payment of the order In the event of online payment by bank card (Visa or Mastercard) or by American Express, the Customer must enter all the information required for said payment, following the instructions provided for this purpose on the Site. In the case of payment by PayPal, the Customer must fill in all the information required for said payment, following the instructions provided for this purpose on the PayPal site. In the case of online payment by credit card, in three instalments free of charge via the Stripe secure payment system, the Customer must enter all the information required for said payment, following the instructions provided for this purpose on the Site. In particular, he or she must accept the proposed direct debit schedule. In the event of online payment by credit card, in three instalments free of charge via the Stripe secure payment system, the Customer accepts Stripe’s general customer conditions, as well as Stripe’s special conditions for the Company’s Customers. 7.3.
Confirmation de la commande Une fois le paiement de sa commande effectué, le Client reçoit une confirmation automatique de sa commande par e-mail, à l’adresse renseignée par lui au moment de sa création de compte (sous réserve d’avoir renseigné une adresse e-mail valide et sans erreur). This automatic confirmation is subject to final validation by the Company, under the conditions described in Article 7. 4 hereof. This automatic confirmation includes: – a summary of the Product(s) ordered by the Customer; – that the order has been registered by the Company; – the status of the order.
7.4.
Final validation of orders The Company reserves the right not to proceed with an order: – if the banking institution in charge of managing the payment of the order demonstrates its inability to implement the Customer’s payment; – if there proves to be an abnormal request in terms of content, frequency or bad faith on the part of the Customer; more generally, in the event of a legitimate reason as provided for in article L. 121-11 of the French Consumer Code. In the event that the Company does not accept the Customer’s order for one of the aforementioned reasons, the Customer will receive an e-mail (to the e-mail address provided by the Customer at the time of ordering, subject to having provided a valid and error-free e-mail address), informing him/her that his/her order has been cancelled and that he/she will not be debited or will be reimbursed as soon as possible. Reimbursement will be made by the same means of payment used by the Customer (credit card; American Express; PayPal; in 3 instalments without charge, by credit card, via the Stripe secure payment system), unless otherwise expressly agreed in writing between the Parties. 7.5.
Droit de rétractation Conformément aux dispositions des articles L. 221-18 et suivants du Code de la consommation, le Client consommateur et le Client professionnel (à l’égard duquel l’achat d’un Produit n’entre pas dans le champ principal de l’activité de son entreprise et dont l’entreprise n’emploie pas plus de cinq salariés), disposent d’un délai de rétractation de quatorze (14) jours à compter du lendemain du jour de la réception du/des Produits commandés pour exercer leur droit légal de rétractation, en indiquant à la Société leur intention de lui retourner ledit/lesdits Produits. In the case of an order for several Products delivered separately, or in the case of an order for a Product made up of multiple batches or parts whose delivery is staggered over a defined period, the lead time runs from receipt of the last Product, batch or part. The period begins at the start of the first hour of the first day and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or public holiday, it is extended to the first working day. The Product(s) must be returned to the Company: (i) within a period of fourteen (14) days from the date on which the aforementioned Consumer or Professional Customer sends the Company its intention to withdraw; (ii) at the address indicated. Custom-made products or products ordered specifically for the customer are neither returned nor exchanged, so that, by exception, no right of withdrawal applies. Information on the right of withdrawal for both the consumer and the aforementioned professional customer is set out in the standard information sheet on the right of withdrawal appended hereto (Appendix 1). Return requests should be sent by e-mail to the following address: hello@maisonprimitive.com.
Article 8. Prices and payment
8.1.
Prix Les prix des Produits proposés par la Société sont fixes. These prices are indicated on the Site and are quoted in Euros. Depending on the Customer’s location in Europe, and in particular the place of delivery indicated by the Customer at the time of finalizing the order, the price is exclusive of tax or inclusive of tax. T. C. In any case, from the date of validation of the order by the Customer, the price is definitive and non-revisable, and includes delivery charges for France. However, delivery costs for delivery to a country within or outside the European Union are not included in the price and are automatically determined by the Company, depending on the Product(s) ordered and specified on the second page of the order summary. The price of the Product(s) and delivery charges shall be paid in accordance with the provisions of Article
8. 2 hereof. The Company reserves the right to modify the Prices of its Products at any time. In this case, the price paid by the Customer is that which he/she will have validated, at the time of validation and payment of his/her order, under the conditions defined in Articles 7. 1 and 7. 2 hereof. 8.2.
Paiement Le paiement des Produits est effectué, au moyen de services de paiement sécurisés, par carte bancaire, par American Express, par PayPal, par Stripe. Once the order has been paid for, the Customer will receive automatic confirmation of the order by email, to the address given by the Customer when creating an account (subject to having given a valid and error-free email address). This automatic confirmation is subject to final validation by the Company, under the conditions described in Article 7. 4 hereof. The Company sends the Customer the invoice for the order, at the time of shipment, by making the invoice available via the Customer’s personal account on the Site.
Article 9. Delivery
9.1.
Modalités de livraison Les livraisons sont effectuées au « pas de porte » i.e en bas de l’immeuble principal ou devant l’entrée de l’adresse sollicitée par le Client. The delivery person will not assist the Customer in handling the Products ordered, unless expressly requested by the Customer and agreed between the Parties. Products ordered are delivered by specialized professional carriers. 9.2.
Délais Les délais de livraison sont indiqués au Client, aux différentes pages récapitulatives de sa commande.
Toutefois ces délais sont purement indicatifs de sorte que la Société ne saurait être responsable en cas de retard d’expédition et/ou de livraison 9.3.
Responsabilité et indemnisation Comme indiqué, la Société ne saurait être tenue responsable de l’impossibilité ou du retard de livraison, et ce quel qu’en soit le motif. Under these conditions, no reimbursement of delivery costs can be requested from the Company. Similarly, in the event of an error by the Customer in communicating his delivery details or incomplete information, or if the Customer is absent to receive his order, the Company cannot be held responsible for any delay in delivery. The same applies in the event of the Customer’s absence to take delivery of the Products at the agreed place and time. Moreover, in this case, the deliveryman appointed by the Company will leave a notice of passage, if conditions allow. Article 10. Receipt of Products In accordance with the provisions of article L. 133-3 of the French Commercial Code, in the event of damage or partial loss of the Products ordered during transport, the Customer shall notify the Company and the carrier, by extra-judicial act or by registered letter with acknowledgement of receipt, within three (3) days at the latest from the date of receipt. If no complaint or reservation is made in this respect under the aforementioned conditions, the said Products may no longer be taken back or exchanged by the Company and no recourse may be exercised against the carrier. When the Customer personally takes delivery of the transported Products and when the carrier does not justify having given him the opportunity to effectively check their good condition, the period mentioned in article L. 133-3 of the French Commercial Code, which extinguishes any action against the carrier, is extended to ten (10) days.
Article 11. Reservation of ownership
The Company retains full ownership of the Products purchased until the Customer has fulfilled all its obligations, and in particular until full payment of the price, under the conditions defined in Article 8. 2 hereof.
Article 12. Back
12.1.
Droit de rétractation Les demandes d’exercice du droit de rétractation sont adressées au service client de la Société à l’adresse e-mail suivante : hello@maisonprimitive.com Ces demandes doivent indiquer : certaines informations personnelles du Client consommateur (nom ; prénom ; numéro de téléphone ; adresse e-mail) ; les Produits commandés ; la date de leur réception ; la date et lieu auxquels est réalisée la demande d’exercice du droit de rétractation.
Les Produits sur lesquels le droit de rétractation peut s’exercer, devront être retournés complets, dans un emballage adéquat, afin qu’il revienne à la Société dans un parfait état, dans les délais convenus… 12.2.
Garantie légale de conformité et garantie des vices cachés Conformément aux dispositions du Code de la consommation applicables aux acheteurs consommateurs, la Société est tenue de livrer un bien conforme à la description du Produit tel qu’affichée sur le Site. Failing this, the Customer may request a refund or replacement of the Product. The customer may also decide to invoke the warranty for hidden defects of the item under the conditions of articles 1641 et seq. of the French Civil Code, within a period of two (2) years from the discovery of the defect. If the Customer exercises the legal warranty of conformity or the warranty against hidden defects, the Company will reimburse the Customer in accordance with the conditions set out in Article 16 hereof or replace the Product concerned. The Product must be returned to the Company in suitable packaging so that it can be returned in perfect condition. In any event, the Customer will only be entitled to a refund or replacement of the Product if the lack of conformity or hidden defect is proven and established by the Company, under the aforementioned conditions.
Article 13. Refusal to take possession of a Product and cancellation of the order after shipment
In the event that the Customer refuses to take possession of a Product from the carrier, without a legitimate reason (excluding the right of withdrawal, the legal guarantee of conformity and hidden defects), the Customer residing in France will be required to pay a fixed sum of 150 Euros (including VAT) for return costs. Likewise, in the event that the Customer requests the cancellation of an order which has already been dispatched, the Customer will be required to pay a fixed sum of 150 Euros (including VAT) to cover the cost of returning the goods. For customers not residing in France, return shipping costs will be assessed according to the country. To deduct these lump sums, the Company will reimburse the Customer for the cost of the returned Product, less the sums concerned.
Article 14. Bonds
14.1.
Obligations du Client Préalablement à la validation de toute commande, le Client s’engage à fournir des informations exactes et sincères le concernant. Furthermore, to place an order on the Site, the Customer must have legal capacity. Lastly, to make an online payment, the Customer guarantees that he/she is fully authorized to use the bank card or American Express he/she is using, that it is a personal card, that it is not a fraudulently used card and that this card gives access to sufficient funds to cover all costs resulting from the sale of Products on the Site. 14.2.
Obligations de la Société La Société s’efforce de fournir sur le Site des informations relatives aux Produits les plus fiables et qualitatives possibles. Furthermore, before any Product is dispatched, the Company checks that it conforms to the Customer’s order.
Article 15. Warranty exclusions
No warranty, either legal or contractual, covers any defects affecting the Products or their characteristics, or any direct or indirect damage suffered by the Customer or third parties as a result of abnormal use of the Products which does not conform to the use for which they are normally intended. Furthermore, the Company may not be held liable, on the basis of liability for defective products under Articles 1245 et seq. of the French Civil Code, for damage caused to goods that are not used by the victim for his or her private use or consumption.
Article 16. Refund
16.1.
Droit de rétractation En cas de retour d’un Produit, dans les conditions prévues à l’Article 12. 1 hereof, the Company will reimburse the consumer Customer for the cost of the said Product, as well as for the cost of delivery of the initial order, in proportion to the value of the returned Product in relation to the amount of the overall order, except in the case of flat-rate delivery costs and excluding any additional costs. Under no circumstances will the Company reimburse the cost of returning the Products, in accordance with the provisions of article L. 221-23 of the French Consumer Code. The refund will be made by the same means of payment as that used by the Customer for the initial order, unless otherwise expressly agreed in writing between the Parties. Reimbursement will be made as soon as possible and at the latest within fourteen (14) days of the effective exercise of the right of withdrawal by the Customer. This period may however be extended by the Company, until receipt of the Products returned by the Customer at the address indicated on the delivery slip for the Product(s) concerned. Failure to comply with the conditions set forth in Articles 7. 6 and 12. 1 hereof, the Company shall not be entitled to reimburse the Customer. 16.2.
Garanties légales de conformité et vices cachés En cas de retour d’un Produit, dans les conditions prévues à l’article 12. 2 hereof, the Company will reimburse the Customer not only for the cost of said Product, but also for the costs associated with transport (delivery and return). In any event, the Company will not refund Products or delivery costs in the event of proven bad faith on the part of the Customer.
Article 17. Modification of the Terms and Conditions
The General Terms and Conditions of Sale applicable are those in force on the date on which the order is validated by the Customer. However, the Company may modify these terms and conditions at any time, without prior notice, provided that it informs its Customers as soon as such modifications come into force by e-mail and/or by publishing said modifications on the website owned and published by the Company.
Article 18. Intellectual property
All elements contained on the Site owned and published by the Company are protected by intellectual property laws. Thus, the Company alone holds all rights, titles and interests, including all intellectual property rights related to said Site, as well as any ideas, suggestions, requests for improvement, comments, recommendations and other information that Customers and third parties may communicate regarding the Site. In addition, the Company holds the rights to use all the elements accessible on its Site, in particular texts, images, graphics, logos, icons, sounds, software, etc. Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Site, by any means or process whatsoever, is prohibited, except with the express prior consent of the Company.
Article 19. Personal data
In accordance with Law 78-17 of January 6, 1978, amended by the laws of August 6, 2004 and June 20, 2018, the Company undertakes to process the personal data of its Customers, solely to perform its obligations under the online sale of Products. In this respect, it is reminded that the personal data requested from the Customer is notably necessary to validate any Product order, as well as to draw up invoices. The Company also undertakes to guarantee the confidentiality of personal data processed in the performance of its obligations. Furthermore, as this data may be communicated to the Company’s partners responsible for the execution, processing, management and payment of orders, the Company ensures that these partners provide the same sufficient guarantees with regard to the implementation of appropriate technical and organizational measures, so that the processing meets the requirements of the applicable regulations. In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.
Article 20. Liability
The Company shall only be liable for direct damage caused by its fault, the proof of which must be provided by the Customer. Compensation for the loss suffered by the Customer may not exceed the amount owed by the Customer for the Products concerned.
Article 21. Force majeure
In accordance with the provisions of article 1218 of the French Civil Code, in the event of force majeure, the Company shall not be liable for any failure to perform its obligations. More specifically, the Company shall not be held responsible for any delay or failure in delivery due to a cause beyond its control, in particular in the event of an epidemic/pandemic, bad weather, natural disaster, strike, road accident, etc. The Company shall not be held responsible for any delay or failure in delivery due to a cause beyond its control, in particular in the event of an epidemic/pandemic, bad weather, natural disaster, strike, road accident, etc.
Article 22. Miscellaneous
22.1.
Renonciation Le fait que la Société ne se prévale pas, à un moment donné, de l’une quelconque des dispositions des présentes, ne saurait être interprété comme valant renonciation de cette dernière à se prévaloir ultérieurement de l’une quelconque desdites dispositions.
22.2.
Validité / indivisibilité La nullité, l’inopposabilité, ou plus généralement, l’absence d’effet de l’une quelconque des stipulations des Conditions Générales de Vente n’affectera pas les autres stipulations qui demeureront parfaitement valables et contraignantes.
Article 23. Customer service
The Company’s customer service can be reached: – via the Company’s contact form, accessible via its Site; – by e-mail at hello@maisonprimitive.com – by post at Le Petit Ronceret, 61350 Saint Roch-sur-Egrenne, France
Article 24. Amicable settlement of disputes
After having submitted a claim to the Company and in the event of failure to reach an amicable agreement, the Consumer Customer is duly informed that he is entitled to have recourse to mediation in accordance with the provisions of article L. 612-1 of the French Consumer Code. Whichever Party wishes to have recourse to mediation, it must first inform the other Party by registered letter with acknowledgement of receipt, specifying the grounds for the dispute.
Article 25. Applicable law and jurisdiction
The General Terms and Conditions of Sale are governed by French law. For customers acting within the framework of their professional activity, the Commercial Court of Alençon will have sole jurisdiction to hear disputes relating to the present contract, in the absence of amicable agreement between the Parties. For customers acting as consumers, any dispute relating to the present terms and conditions shall be brought before one of the courts having territorial jurisdiction under the French Code of Civil Procedure. In any event, the consumer Customer is duly informed that he is entitled to have recourse to mediation in accordance with the provisions of article L. 111-1 of the French Consumer Code.
Article 26. French and foreign versions
The present Terms and Conditions are written in French. In the event of contradiction or misunderstanding, they shall prevail over any other version drawn up in another language at the Customer’s request. APPENDIX 1: MODEL INFORMATION SHEET ON THE RIGHT OF WITHDRAWAL You have the right to withdraw without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods. To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). Requests to exercise the right of withdrawal should be addressed to the Company’s customer service department: (i) via the Company’s contact form, accessible via its Site ; (ii) by post (to the address Le Petit Ronceret 61350 Saint Roch-sur-Egrenne (France). In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period. In the event of your withdrawal, we will reimburse all payments received from you, with the exception of return costs, and in any event no later than fourteen days from the date on which we are informed of your decision to withdraw. We will make the refund using the same method of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever comes first. You must return the goods to us without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to cancel. This period is deemed to have been respected if you return the goods before the fourteen (14) day period has expired. You will have to bear the direct cost of returning the goods. You are only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.