Maison Primitive is a simplified joint-stock company, registered with the RCS of Alençon under number 948 062 864, whose registered office is located at Le Petit Ronceret 61350 Saint Roch-sur-Egrenne.
Its intra-community VAT number is FR00948062864
The company Maison Primitive specializes in selling handcrafted items from around the world, furniture and decoration.
The company Maison Primitive owns and publishes the Maison Primitive website (accessible at www.maisonprimitive.com), through which Maison Primitive 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 meanings:
Client: refers to any person (natural or legal) who purchases a Product sold on the Site, in the capacity of a consumer, under the conditions agreed herein.
General Terms and Conditions of Sale: refers to this document and any annexes thereto.
Party(ies): refers individually to the Client or the Company and collectively to the Client and the Company.
Product(s): refers to all the furniture (indoor and outdoor) and designer decoration offered for sale on the Site.
Site: refers to the website www.maisonprimitive.com, which is owned and published by the Company.
Company: refers to the company "Maison Primitive".
Article 3. Purpose
The purpose of these General Terms and Conditions of Sale is, in particular, to detail their scope of application, as well as the conditions of their acceptance.
They also detail the conditions under which the Products are sold on the Site.
They also specify the ordering and payment terms for these Products, as well as the conditions for their delivery, receipt, return and refund.
They also address 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 terms and conditions, to the exclusion of any terms and conditions previously available on the Site.
These General Terms and Conditions of Sale apply to all orders for Products offered by the Company, placed through the Site.
Article 5. Acceptance of the General Terms and Conditions of Sale
Any order for Products implies the prior express and unreserved acceptance of these terms and conditions by the Customer, under the conditions set out in Article 7.1 herein.
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.
Furthermore, these selections are valid while stocks last. Therefore, if an ordered Product is out of stock (temporarily or permanently), the Company will notify the Customer as soon as possible.
The Parties shall agree together: (i) the delivery of a Product offering similar characteristics to the Product initially ordered, subject to an increase/decrease in the initial selling price, depending on the price of the replacement Product; (ii) the refund of said Product (within a maximum period of fourteen (14) days).
The products offered for sale on the site are handmade, crafted, and sometimes antique; therefore, each piece is unique and may show imperfections and/or signs of use and age.
The characteristics of each Product are detailed on its 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, without the Company being able to guarantee in particular the exact rendering of the tones and colours of the Products in relation to the visuals displayed on the Site.
Article 7. Orders
7.1. Steps
Any purchase of a Product implies:
– selecting a Product to add to the Customer's "shopping cart" (by clicking on the "add to cart" button)
– from the said “basket”, its validation for payment (by clicking on the “continue” button), after the Customer has reviewed, for the first time, the summary of his order;
-Customer identification, if applicable:
(i) by creating an account if they do not already have one. They must then provide personal information using the successive forms on the Site (email; password; first name; last name; company if applicable; address; mobile phone number), 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 email address and password;
(iii) or, if the Customer does not wish to create an account, by entering their first and last names and delivery and billing addresses
– the validation, by the Customer, of their delivery and billing addresses, before clicking on the “continue” button;
– the Customer is then redirected to a new summary page of their order, where the terms and cost of delivery defined by the Company are specified, depending on the Products ordered;
– validation of these terms, by ticking the box provided for this purpose at the end of this new page, prior to selecting a payment method (bank card; American Express; PayPal; in 3 installments without charge, by bank card (Visa or Mastercard), via the secure Stripe payment system), by clicking on the corresponding “continue” button.
7.2. Order Payment
In the case of online payment by bank card (Visa or Mastercard) or by American Express, the Customer must then provide all the information necessary for said payment, following the instructions provided for this purpose on the Site.
In the case of payment via PayPal, the Customer must then provide all the information necessary for said payment, following the instructions provided for this purpose on the PayPal website.
For online payments by credit card, in three installments with no fees via the secure Stripe payment system, the Customer must provide all the necessary information for said payment, following the instructions provided for this purpose on the Website. In particular, they must accept the proposed automatic credit card payment schedule.
In the case of online payment by credit card, in three installments without fees via the secure Stripe payment system, the Customer accepts Stripe's general terms and conditions for customers, as well as Stripe's specific terms and conditions for Company Customers. 7.3. Order Confirmation
Once payment for their order has been made, the Customer receives an automatic confirmation of their order by email, at the address they provided when creating their account (provided they have provided a valid and error-free email address).
This automatic confirmation is subject to its final validation by the Company, under the conditions described in Article 7.4 herein.
This automatic confirmation indicates, in particular:
– a summary of the Product(s) ordered by the Customer;
– the proper registration of the order by the Company;
– the order status.
7.4. Final order confirmation
The Company reserves the right to refuse an order:
– when the banking institution in charge of managing the payment of the order demonstrates the inability to implement the payment from the Client;
– if there is found to be an abnormal request due to the content, frequency or bad faith of the Client;
more generally in the event of a legitimate reason as provided for in Article L. 121-11 of the 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 email (to the email address provided by him at the time of his order, provided that he has provided a valid and error-free email address), informing him that his order is cancelled and that he will not be charged for its amount or that he will be refunded as soon as possible.
The refund will be made by the same means of payment as that used by the Client (bank card; American Express; PayPal; in 3 installments without charge, by bank card, via the secure Stripe payment system), unless otherwise expressly agreed in writing between the Parties.
7.5. Right of withdrawal
In accordance with the provisions of Articles L. 221-18 et seq. of the Consumer Code, the Consumer Client and the Professional Client (for whom the purchase of a Product does not fall within the main scope of the activity of his company and whose company does not employ more than five employees), have a withdrawal period of fourteen (14) days from the day after the day of receipt of the ordered Product(s) to exercise their legal right of withdrawal, by indicating to the Company their intention to return said Product(s).
In the case of an order for several Products delivered separately or in the case of an order for a Product consisting of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last Product or lot or the last piece.
The time limit begins to run 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 time limit.
If this deadline expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
The Product(s) must be returned to the Company: (i) within fourteen (14) days from the date on which the aforementioned consumer or professional Client sends the Company notice of their intention to withdraw; (ii) to the address that will be indicated to them.
Custom-made products or products ordered specifically for the Customer are neither returnable nor exchangeable, so that, as an exception, no right of withdrawal applies.
Information relating to the right of withdrawal of the aforementioned consumer Client and professional Client is recalled in the standard information sheet on the right of withdrawal attached hereto (Appendix 1).
Return requests should be sent by email to the following address: hello@maisonprimitive.com.
Article 8. Price and payment
8.1. Price
The prices of the Products offered by the Company are fixed.
These prices are indicated on the Site and are listed in Euros.
Depending on the customer's location in Europe, and more specifically the delivery address they provided when finalizing their order, the price will be either exclusive of VAT or inclusive of VAT.
In any event, from the date the Customer validates their order, the price is final and non-negotiable, and includes delivery charges within France. However, delivery charges for deliveries to countries within or outside the European Union are not included in the price and are automatically determined by the Company, based on the Product(s) ordered and specified on the second order summary page.
The price of the Product(s) and the delivery charges are paid in accordance with the provisions of Article 8.2 herein.
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 the price they confirmed when validating and paying for their order, under the conditions defined in Articles 7.1 and 7.2 herein. 8.2. Payment
Payment for Products is made, using secure payment services, by credit card, American Express, PayPal, Stripe.
Once payment for their order has been made, the Customer receives an automatic confirmation of their order by email, at the address they provided when creating their account (provided they have provided a valid and error-free email address).
This automatic confirmation is subject to its final validation by the Company, under the conditions described in Article 7.4 herein.
The Company sends the Customer the invoice relating to their order, at the time of shipment, by making it available via the Customer's personal account on the Site.
Article 9. Delivery
9.1. Delivery methods
Deliveries are made to the "doorstep," i.e., at the bottom of the main building or in front of the entrance to the address requested by the Customer. The delivery person will not assist the Customer in handling the ordered Products, unless expressly requested by the Customer and agreed upon by both Parties.
The ordered Products are delivered by specialized professional carriers.
9.2. Deadlines
Delivery times are indicated to the Customer on the various summary pages of their order.
However, these delivery times are purely indicative, and the Company cannot be held responsible for any delays in shipping and/or delivery.
9.3. Liability and compensation
As stated, the Company cannot be held responsible for the impossibility or delay of delivery, regardless of the reason.
Under these conditions, no refund of delivery costs can be requested from the Company.
Similarly, in the event of an error by the Customer in providing their delivery details or incomplete information, or if the Customer is absent to receive their order, the Company cannot be held responsible for the delivery delay.
The same applies if the Customer is absent to receive their Products at the agreed place and time. Furthermore, in this case, the delivery person appointed by the Company will leave a delivery notice, if conditions permit. Article 10. Receipt of Products
In accordance with the provisions of Article L. 133-3 of the 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 extrajudicial act or by registered letter with acknowledgment of receipt, at the latest within three (3) days, from the date of their receipt.
If no claim or reservation is made in this regard 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 allowed him to effectively verify their good condition, the period mentioned in Article L. 133-3 of the Commercial Code, which extinguishes any action against the carrier, is extended to ten (10) days.
Article 11. Retention of Title
The Company retains full ownership of the Products purchased until the Customer has fulfilled all of its obligations and in particular until full payment of the price, under the conditions defined in Article 8.2 herein.
Article 12. Return
12.1. Right of withdrawal
Requests to exercise the right of withdrawal should be sent to the Company's customer service department at the following email address: hello@maisonprimitive.com
These requests must indicate: certain personal information of the consumer Client (name; surname; telephone number; email address); the Products ordered; the date of their receipt; the date and place where the request to exercise the right of withdrawal is made.
Products for which the right of withdrawal can be exercised must be returned complete, in suitable packaging, so that they are returned to the Company in perfect condition, within the agreed time limits…
12.2. Legal guarantee of conformity and guarantee against hidden defects
In accordance with the provisions of the Consumer Code applicable to consumer buyers, the Company is obligated to deliver goods that conform to the Product description as displayed on the Website. Failing this, the Customer may request a refund or replacement of the Product.
The Customer may also choose to invoke the warranty against hidden defects in the product under the conditions set forth in Articles 1641 et seq. of the French Civil Code, within two (2) years of discovering the defect. If the Customer exercises their legal warranty of conformity or the warranty against hidden defects, the Company will reimburse the Customer under the conditions stipulated in Article 16 herein or will replace the product in question.
The Product must be returned to the Company in suitable packaging, so that it is returned to them in perfect condition.
In any event, the Customer will only be able to obtain a refund or replacement of the Product if the lack of conformity or hidden defect is proven and noted 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 legitimate reason (excluding the right of withdrawal, legal guarantee of conformity and hidden defects), the Customer residing in France will have to pay a fixed sum of 150 Euros including VAT for return costs.
Similarly, if the Customer requests the cancellation of their order, even though it has already been shipped, the Customer will have to pay a flat fee of 150 Euros including VAT for return costs.
For customers not residing in France, return shipping costs will be assessed based on the country.
To collect these fixed amounts, the Company will reimburse the Customer for the cost of the returned Product, less the amounts concerned.
Article 14. Obligations
14.1. Client Obligations
Prior to validating any order, the Customer agrees to provide accurate and truthful information about themselves.
Furthermore, in order to place an order on the Site, the Customer must have legal capacity.
Finally, to make an online payment, the Customer guarantees that he is fully authorized to use the bank card or American Express card he 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. Company Obligations
The Company strives to provide the most reliable and high-quality product information possible on the Website. Furthermore, before shipping any product, the Company verifies its conformity to the Customer's order.
Article 15. Warranty Exclusions
No warranty, whether legal or contractual, covers any defects affecting the Products or their characteristics, as well as any direct and indirect damages suffered by the Customer or by third parties, due to abnormal and non-compliant use of said Products for the purpose for which they are normally intended.
Furthermore, the Company cannot be held liable, on the basis of product liability under Articles 1245 et seq. of the Civil Code, for damage caused to property which is not used by the victim for their private use or consumption.
Article 16. Reimbursement
16.1. Right of withdrawal
In the event of a return of a Product, under the conditions provided for in Article 12.1 herein, the Company shall reimburse the consumer Customer for the cost of said Product, as well as the cost of delivery of the initial order, in proportion to the value of the returned Product in relation to the amount of the total order, except in the case of flat-rate delivery costs and excluding any additional costs.
The Company will under no circumstances reimburse the cost of returning the Products, in accordance with the provisions of Article L. 221-23 of the Consumer Code.
The refund will be made using the same payment method as that used by the Customer for the initial order, unless otherwise expressly agreed in writing between the Parties.
The refund will be made as soon as possible and at the latest within fourteen (14) days following 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 of the Product(s) concerned.
If the conditions set out in Articles 7.6 and 12.1 herein are not met, the Company will not be able to reimburse the Client.
16.2. Legal guarantees of conformity and hidden defects
In the event of a return of a Product, under the conditions provided for in Article 12.2 herein, the Company will reimburse the Customer not only for the cost of said Product, but also for the costs related to transport (delivery and return).
In any event, the Company will not make any refunds for either the Products or delivery costs in the event of proven bad faith on the part of the Customer.
Article 17. Amendment of the General Terms and Conditions of Sale
The applicable General Terms and Conditions of Sale are those in effect on the date on which the order is validated by the Customer.
However, the Company may modify these terms at any time, without prior notice, provided that it informs its Clients as soon as these modifications come into effect by email and/or by publishing said modifications on the website which it owns and publishes.
Article 18. Intellectual Property
All elements contained on the Site, which is 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 ideas, suggestions, requests for improvement, comments, recommendations and other information that Clients and third parties may communicate about the Site.
Furthermore, the Company holds the rights to use all elements accessible on its Site, including texts, images, graphics, logos, icons, sounds, software, etc. Consequently, any reproduction, representation, modification, publication, or adaptation, in whole or in part, of the Site's elements, by any means or process whatsoever, is prohibited without the Company's express prior consent.
Article 19. Personal Data
In accordance with Law 78-17 of January 6, 1978, as amended by the laws of August 6, 2004, and June 20, 2018, the Company undertakes to process the personal data of its Customers solely for the purpose of fulfilling its obligations related to the online sale of Products. In this regard, it is noted that the personal data requested from the Customer is necessary, in particular, to validate any Product order and to issue invoices.
The Company also undertakes to guarantee the confidentiality of personal data processed in the context of 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 regarding the implementation of appropriate technical and organizational measures, so that the processing meets the requirements of the applicable regulations.
In accordance with applicable national and European regulations, the Client has a permanent right of access, modification, rectification and objection with regard to information concerning him/her.
Article 20. Liability
The Company shall only be liable for direct damages caused by its own fault, which the Client must prove. Compensation for damages suffered by the Client shall not exceed the amount owed by the Client for the Products in question.
Article 21. Force majeure
In accordance with the provisions of Article 1218 of the Civil Code, in the event of force majeure, the Company will not be liable for any failure to perform its obligations.
More specifically, the Company cannot be held responsible for any delay/failure to deliver due to a cause beyond its control, including in the event of an epidemic/pandemic, severe weather, natural disaster, strike, road accident, etc.
Article 22. Miscellaneous
22.1. Waiver
The fact that the Company does not, at any given time, avail itself of any of the provisions herein, shall not be interpreted as a waiver by the latter of its right to avail itself at a later date of any of said provisions.
22.2. Validity / Indivisibility
The invalidity, unenforceability, or more generally, the lack of effect of any of the stipulations of the General Terms and Conditions of Sale shall not affect the other stipulations, which shall remain perfectly valid and binding.
Article 23. Customer Service
The company's customer service can be reached at:
– via the Company's contact form, accessible via its Website;
– by email to hello@maisonprimitive.com
– by post to the address Le Petit Ronceret, 61350 Saint Roch-sur-Egrenne
Article 24. Amicable settlement of disputes
After he has sent a complaint to the Company and in the event of impossibility of finding an amicable agreement, the consumer Client is duly informed that he has the right to resort to mediation in accordance with the provisions of Article L. 612-1 of the Consumer Code.
Whichever Party wishes to resort to mediation, it must first inform the other Party by means of a registered letter with acknowledgment of receipt, specifying the reasons for the dispute.
Article 25. Applicable Law and Jurisdiction
The General Terms and Conditions of Sale are subject to French law.
For Clients acting within the scope of their professional activity, the Commercial Court of Alençon shall have sole jurisdiction to hear disputes relating to these terms, in the absence of an amicable agreement between the Parties.
For Clients acting as consumers, any dispute relating to these terms and conditions shall be brought before one of the courts with territorial jurisdiction under the Code of Civil Procedure.
In any event, the consumer Client is duly informed that he/she has the right to resort to mediation in accordance with the provisions of Article L. 111-1 of the Consumer Code.
Article 26. French and foreign language versions
These General Terms and Conditions of Sale are written in French. In the event of any contradiction or ambiguity, they shall prevail over any other version that may be written in another language at the Client's request. APPENDIX 1: STANDARD 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 your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g., a letter sent by post, fax or email).
Requests to exercise the right of withdrawal should be addressed to the Company's customer service: (i) via the Company's contact form, accessible via its Website; (ii) by post (to the address Le Petit Ronceret 61350 Saint Roch-sur-Egrenne (France).
To ensure that the withdrawal period is respected, you simply need to send your communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we will reimburse all payments received from you, excluding return shipping costs, no later than 14 days from the day on which we are informed of your decision to withdraw. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree to a different means; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods or until you have provided proof of shipment of the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and, in any event, no later than fourteen days after you have notified us of your decision to withdraw from this contract. This deadline is met if you send back the goods before the fourteen (14) day period expires.
You will be responsible for the direct costs of returning the item.
Your liability is limited to the depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods.