Terms of sale

TERMS & CONDITIONS OF SALE

Article 1 – Definitions

These Terms & Conditions of Sale (hereinafter the "Terms") are provided by Maisalya.
The following terms are used throughout:
"Site": the website "https://maisalya.com" and all of its pages, the exclusive property of the Company.
"Products" or "Services": all products (goods) and services that may be purchased or subscribed to on the Site.
"Seller": Maisalya, whether a legal entity or an individual, offering its Products or Services on the Site.
"Customer": the internet user, whether an individual or a professional, purchasing Product(s) or Service(s) on the Site.
"Consumer", in accordance with the definition set out in the preliminary article of the French Consumer Code: "any natural person acting for purposes which are outside their trade, business, craft or profession."
Internet users visiting the Site who are interested in the Products and Services offered by the Seller are invited to read these Terms carefully, and to print and/or save them to a durable medium, before placing an order on the Site.
The Customer acknowledges having read the Terms and accepts them in full.

Article 2 – Application of the Terms and purpose of the Site

The Seller reserves the right to amend the Terms at any time by publishing a new version on the Site.
The Terms applicable to the Customer are those in force on the day the order is placed on the Site.
Legal information concerning the Site's host and publisher, the collection and processing of personal data, and the terms of use of the Site are set out in the Terms of Use, the Legal Notice and the Data Charter of this Site.
This Site offers the online sale of homeware products for the bathroom, kitchen and health.
The Site is freely and openly accessible to all Customers. The purchase of a Product or Service requires the Customer's acceptance of these Terms in full, and by purchasing, the Customer acknowledges having fully read them. This acceptance may, for example, consist of the Customer ticking the box corresponding to the acceptance statement for these Terms, worded for example as "I acknowledge that I have read and accepted the Site's Terms & Conditions". Ticking this box shall be deemed equivalent to the Customer's handwritten signature.
Acceptance of these Terms requires that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have such legal capacity, they declare that they have the authorisation of a guardian, custodian or legal representative.
The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless able to provide evidence to the contrary, waives the right to dispute them in the event of a dispute.
Any Order for Products implies unreserved acceptance by the Customer and their full and complete adherence to these Terms & Conditions of Sale, which take precedence over any other document (catalogues, advertisements, brochures), except where expressly and previously agreed otherwise by the Company.

Article 3 – Customer service

The Site's customer service department can be contacted by email at "contact@maisalya.com", via the contact form, or by post at the address indicated in the Legal Notice. The Customer must state their first name, surname, the subject of their request and their Order number in the email.
For any business enquiries (partnerships, media, contract proposals), the Company can only be reached by email at contact@maisalya.com.

Article 4 – Order process and description of the purchasing process

The Products and Services offered are those featured in the catalogue published on the Site. Each product is accompanied by a description prepared by the Seller based on descriptions supplied by the manufacturer/supplier.
The photographs featured on the Site are not contractually binding and may differ noticeably from the products photographed. These variations are due to the display settings of different screens and cameras, product lighting, camera angle, etc.
"Cart" is defined below as the intangible collection of all Products or Services selected by the Customer on the Site with a view to purchase, having clicked on those items. In order to place an order, the Customer selects the Product(s) they wish to order by adding them to their "Cart", the contents of which can be modified at any time.

1. The Customer places the Order via the Site: the Customer records and confirms the Order on the Site.
2. To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalogue by clicking the "Add to Cart" button. On the "Cart" page, the Customer can review the details of their Order and correct any errors before confirming it.
3. On the "Information" page, the Customer must enter their contact details. They may opt to receive email updates on their Order by ticking the relevant box.
4. On the "Delivery" page, the Customer must choose from the shipping methods offered.
5. On the "Confirmation" page, the Customer must enter their payment details as well as their billing address. The Customer may also enter a promotional code, if they have one.
6. A complete summary of the Order is then displayed. The Customer may amend any element of the Order before finalising it. The Customer is responsible for any errors relating to the Order, the Products, or their contact information.
7. The sale is validly concluded once the Customer has confirmed the Order by clicking the "Complete my order" button, has accepted the Terms & Conditions of Sale, and has made payment in accordance with the method chosen, subject to the exercise of the right of withdrawal.

The date on which the Order is confirmed corresponds to the date on which payment of the total price, inclusive of all taxes, is duly received in full.

Article 5 – Prices and payment terms

Unless otherwise stated, prices shown in the catalogue are in Euros, inclusive of all taxes (VAT applicable on the day of the order), and exclusive of any applicable handling and shipping charges.
Maisalya reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to change its prices at any time. However, the price shown in the catalogue on the day the order is placed will be the only price applicable to the Customer.
The Customer may place an order on this Site and may pay by Credit/Debit Card, Bancontact, Apple Pay or PayPal. Card payments are processed via secure transactions provided by an online payment platform provider.
The Site does not have access to any of the Customer's payment method data. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the case of payment by bank transfer, the delivery times set out in the "Delivery" article of these Terms shall only begin to run from the date on which payment is actually received by the Seller, which the Seller may prove by any means. Product availability is indicated on the Site, on each Product's description page.
Maisalya will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerised records will be considered by the parties as evidence of communications, orders, payments and transactions between the parties.

Article 6 – Delivery

Delivery charges will be indicated to the Customer before any payment is made. The Site has no geographical delivery restrictions; orders may be shipped worldwide. Delivery times indicated when placing an order are provided for information purposes only and remain subject to any delays by postal services or other particular circumstances preventing delivery (strikes, adverse weather, etc.).
In the case of delivery of a Product outside the territory of the European Union and to French overseas territories, the Customer is deemed the importer of the Product and accepts that, in such cases, the Seller may be practically unable to provide accurate information regarding the total amount of customs duties, formalities or import taxes applicable in the country to which delivery of the Product is requested.
Unless otherwise stated on the Site during the order process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days following the conclusion of the contract with a Consumer Customer.
In the case of hand delivery, the Customer may refuse a parcel at the time of delivery if they notice an anomaly (damage, missing Product compared with the delivery note, damaged parcel, broken Products, etc.); any anomaly must be noted by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective parcel(s) in the presence of the carrier and have the carrier take back the damaged goods. In the case of delivery to a letterbox, the Customer undertakes to check the parcel immediately and to contact Maisalya's support team if any anomaly is noticed. Failure to comply with these requirements means the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to any such request.
If the Customer's parcel is returned to the Seller by the postal service or other carrier, the Seller will contact the Customer upon receipt of the returned parcel to determine how to proceed with the order. If the Customer refused the parcel by mistake, they may request that it be resent, subject to payment in advance of the postage costs for the new shipment. Postage costs must be paid even for orders where shipping was free at the time of ordering.
In the case of a delivery error or exchange (where the right of withdrawal applies, i.e. where the Customer is a Consumer and the contract entered into to purchase the Product or Service permits withdrawal), any product to be exchanged or refunded must be returned to the Seller in full and in perfect condition. Any defect resulting from mishandling or misuse by the Customer cannot be attributed to the Seller.
Any delivery delay beyond the date or timeframe indicated to the Consumer Customer when placing their order, or, in the absence of any such date or timeframe, exceeding thirty (30) days from the conclusion of the contract, may result in the cancellation of the sale at the Consumer Customer's initiative, upon written request by registered letter with acknowledgment of receipt, provided the Customer has first requested delivery from the Seller and the Seller has failed to comply. The Consumer Customer will then be refunded, no later than fourteen (14) days after the date on which the contract was terminated, for the full amount paid. This clause does not apply where the delivery delay is due to a case of force majeure.
Special case of a parcel whose tracking number indicates it has been "delivered" but which has not been received in the letterbox: if the Customer finds and informs the Seller that the parcel is not in their letterbox despite the tracking number indicating "delivered", customer service may request further information as well as an official document from the postal carrier addressing the complaint relating to the tracking number in question. The Seller will then do everything possible to ensure the Customer's satisfaction, including, where appropriate, immediately resending the products at its own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Customer has fourteen (14) working days from the date of receipt of their ordered product to withdraw from the purchase. They must return any product that does not suit them and request an exchange or refund with no penalty, other than return shipping costs, within fourteen days of Maisalya's receipt of the refund request.
The Product must be returned in perfect condition, in its original sealed packaging (blister pack) and unused. The Consumer Customer will find below a standard withdrawal form for an order placed on the Site, to be sent to Maisalya. It is understood that the Customer will bear the cost of returning the Product in the event of withdrawal.
The Customer is advised to return the item using a trackable shipping method. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to launch an investigation with the postal service to have it located.
Refunds will be made using the same payment method as that chosen by the Customer for the original transaction, unless the Customer expressly agrees to the Seller using a different payment method, and provided that the refund does not incur any cost to the Customer.
The Seller also reserves the right to delay the refund until receipt of the Product, or until the Customer has provided proof of having shipped the Product, if no such proof has previously been provided.
In the event of a Product being devalued as a result of handling beyond what is necessary to establish its nature, characteristics and proper functioning, the Customer may be held liable.
In accordance with Article L121-17 of the French Consumer Code (the "Loi Hamon" of June 2014), the Consumer Customer will find below a standard withdrawal form for an order placed on the Site:

Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of:
Maisalya

I/we () hereby notify you of my/our () withdrawal from the contract for the sale of the item below:

Order number:
First name / Surname:
Phone number:
Email address:
Postal address:
Reason for the claim:

• Exchange* (please specify the desired product)
• Refund* (please attach full bank details, including IBAN and BIC)

Signature of Customer(s) (only if notifying this form on paper):
Date:
(*) Delete as applicable.

Article 8 – Product warranty

(Statutory provisions to be reproduced)
The statutory guarantee of conformity applies independently of any commercial warranty that may be granted.
The consumer may decide to invoke the warranty against hidden defects in the item sold, within the meaning of Article 1641 of the French Civil Code, unless the seller has stipulated that it will not be bound by any warranty; where this warranty is invoked, the buyer may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. The buyer has a period of two years from the discovery of the defect in which to act.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the limitation period beyond twenty years from the date the right arose, in accordance with Article 2232 of the French Civil Code.
All items purchased on this Site benefit from the following statutory guarantees provided for under the French Civil Code:

Statutory guarantee of conformity
The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer, and to address any defects of conformity existing at the time of delivery of the Product. The guarantee of conformity may be invoked where a defect existed on the day the Product was taken into possession.
However, it will be for the Customer to prove that the defect did indeed exist at the time the Product was taken into possession.
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the item. However, the seller may proceed otherwise than as chosen by the buyer if that choice would result in a cost that is manifestly disproportionate to the alternative, taking into account the value of the item or the significance of the defect. In such cases, the seller must proceed, unless impossible, with the option not chosen by the buyer."

Statutory guarantee against hidden defects
In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will arrange an exchange. Where an exchange is not possible (obsolete Product, out of stock, etc.), the Customer will be refunded the amount of their order by cheque or bank transfer. The costs of the exchange or refund process (including return postage costs for the Product) will then be borne by the Seller.

Article 9 – Liability

Maisalya, the Seller, cannot be held liable for failure to perform the contract due to the occurrence of a force majeure event. With regard to Products purchased, the Seller shall bear no liability for any indirect damages arising hereunder, including loss of business, loss of profit, damages or costs that may occur.
The choice and purchase of a Product or Service is the Customer's sole responsibility. The total or partial inability to use the Products, in particular due to equipment incompatibility, shall not give rise to any compensation, refund or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness, or the exercise of the right of withdrawal where applicable, i.e. where the Customer is not a Consumer Customer and the contract entered into to purchase the Product or Service permits withdrawal, in accordance with Article L 121-21 of the French Consumer Code.
The Customer expressly acknowledges using the Site at their own risk and under their sole responsibility. In any event, Maisalya shall in no circumstances be held liable for:

• any direct or indirect damage, in particular loss of profits, loss of earnings, loss of custom, or loss of data, which may result, among other things, from use of the Site, or conversely from the inability to use it;
• any malfunction, unavailability of access, misuse, or incorrect configuration of the Customer's computer, or the use of a browser rarely used by the Customer;
• the content of advertisements and other links or external sources accessible to Customers from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the images shown on the Site, or if such images are incorrect or incomplete.

Article 10 – Force majeure

In accordance with Article 1218 of the French Civil Code, force majeure or fortuitous events are considered to be events beyond the parties' control, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence renders performance of the obligations entirely impossible.
The occurrence of a case of force majeure will automatically suspend performance of the Order.
Beyond a period of ninety (90) calendar days, if the parties find that the case of force majeure persists, the Order may be cancelled by either party, and the sales contract terminated. To this end, the more diligent party must send the other a registered letter with acknowledgment of receipt terminating the sales contract.
The termination will take effect on the date the letter is first presented. In such circumstances, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual property rights

All elements of this Site belong to the Seller or to an authorised third party, or are used by the Seller with the authorisation of their owners.
All text, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright, trademark, image rights and patent law. No one is authorised to reproduce, exploit, redistribute, or use in any way whatsoever, even partially, any elements of the Site. Any simple or hypertext link is strictly prohibited without the Company's express written agreement. In all cases, any link, even one tacitly authorised, must be removed upon simple request from the Company.
Only use of the Site for private purposes is authorised, subject to any different or more restrictive provisions of the French Intellectual Property Code.
Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any other use constitutes infringement and is punishable under intellectual property law, unless prior authorisation has been obtained.
Any reproduction, representation or adaptation of logos, text, images or video content, this list being non-exhaustive, is strictly prohibited and constitutes infringement.
Any Customer found guilty of infringement may have their account deleted without notice or compensation, and such deletion shall not constitute any form of damage to them, without prejudice to any subsequent legal proceedings that may be brought against them, at the initiative of the Seller or its representative.
The trademarks and logos featured on the Site may be registered by Maisalya, or potentially by one of its partners. Any person reproducing, representing, incorporating, disseminating or redistributing them is liable to the penalties provided for under Articles L.713-2 et seq. of the French Intellectual Property Code.

Article 12 – Processing of personal data

The Company collects the Customer's data:
a) in order to process and track the Customer's Order on its Site; and/or
b) in order to be able to contact the Customer about various events relating to the Company, including in particular Product updates and customer relationship management; and/or
c) in order to gather information enabling us to improve the Site and our Products (in particular through the use of cookies).

The data collected is processed by the Site's contracted service providers responsible for packaging and dispatching ordered Products, as well as by the hosting provider, Shopify Inc., whose servers are secured and protected by a firewall.
Data collected is retained by the Company only for as long as necessary for the purposes described above, which shall not, in any event, exceed five (5) years.
In accordance with Law No. 2018-493 of 20 June 2018 on the protection of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR), the Customer has the right to access, amend, rectify, delete or object, on legitimate grounds, to their data.
The Customer may exercise these rights by email at contact@maisalya.com.

Article 13 – Comments and other user submissions

If the Customer sends ideas, proposals or other material, whether online, by email, by post or otherwise (collectively, "comments"), whether or not requested by the Company, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use, in any medium, any comment sent to it by the Customer.
The Company is not and shall not be required (1) to keep comments confidential; (2) to pay compensation to anyone for any comment provided; or (3) to respond to comments.
The Company may monitor, edit or remove any content it considers, at its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property rights or these Terms & Conditions of Sale.
The Customer undertakes to write comments that do not infringe the rights of third parties, including copyright, trademarks, privacy, personality rights, or other personal or property rights. The Customer undertakes not to include in their comments any unlawful, defamatory, offensive or obscene content, and that such comments will not contain any computer virus or other malicious software that could affect the operation of the Site or other associated websites. The Customer undertakes not to use a false email address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.
The Customer is fully responsible for their published comments and their accuracy. The Company assumes no liability and accepts no responsibility with regard to comments published by the Customer or any third party.

Article 14 – Severability

If any provision of these Terms is found to be unlawful, void, or otherwise unenforceable for any reason, that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions.
These Terms supersede all prior or contemporaneous agreements, whether written or oral. The Terms may not be assigned, transferred or sublicensed by the Customer.
A printed version of the Terms and of any notices given in electronic form may be required in any judicial or administrative proceedings relating to the Terms. The parties agree that all correspondence relating to these Terms shall be drafted in the French language.

Article 15 – Governing law and mediation

These Terms & Conditions of Sale are governed by French law.
The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase, or purchase using a prohibited, blocked, stolen or falsified payment card. In such cases, no attempt at amicable settlement will be accepted.
The fact that any clause of these Terms & Conditions of Sale becomes void and unenforceable shall not affect the validity of the other provisions and shall not exempt the Customer from performing their contractual obligations.

Indemnity
You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, subsidiaries, affiliated companies, successors, assigns, directors, officers, agents, service providers, lawyers, suppliers and employees from any claim or demand, including reasonable legal fees and costs, made by any third party arising out of or relating to your use of the website or our products and services, your breach of these Terms, or your breach of any of your acknowledgments, agreements, representations, warranties and obligations set out herein.

Domestic or cross-border disputes arising in connection with the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer's request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage — [Mediator], approved by the Commission for the Evaluation and Oversight of Consumer Mediation (CECMC), is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].
The European Commission's website describes the mediation process used and allows Customers to submit an online mediation request accompanied by supporting documents.
The dispute may not, in particular, be examined by the Mediator if:

• the Customer cannot demonstrate that they first attempted to resolve their dispute directly with the Company by way of a written complaint;
• the request is clearly unfounded or abusive;
• the dispute has previously been examined or is currently being examined by another mediator or by a court;
• the consumer submitted their request to the Mediator more than one year after their written complaint to the Company;
• the dispute falls outside the Mediator's scope of competence.

Mediation is free of charge for the Customer. If, at any stage of the mediation, the Customer chooses to use a lawyer, a third party of their choosing, or an expert to represent them, they alone will bear the associated costs.
The Mediator may not receive instructions from either party, nor be remunerated based on the outcome.
Participation in mediation does not preclude the possibility of legal action. The parties remain free to submit their dispute to a court under the applicable legal provisions. In the event of a dispute before a court, jurisdiction is assigned to the competent French court.
The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase, or purchase using a prohibited or blocked payment card, or a stolen or falsified cheque. In such cases, no attempt at amicable settlement will be accepted.
The fact that any clause of these Terms & Conditions of Sale becomes void and unenforceable shall not affect the validity of the other provisions and shall not exempt the Customer from performing their contractual obligations.

Parts warranty
The warranty is limited to 30 days from the date of purchase, under normal conditions of use and excluding any failure caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.