GTC
PREAMBLE
The general conditions of sale of the company MAISON JOLIETTE, composed of both this Preamble and the clauses which follow it, are concluded between on the one hand, the company MAISON JOLIETTE as described in the document "Legal notices" and, on the other hand, the Customer designates the person who has placed an order to purchase a product presented for sale via the Internet Site “ www.maisonjoliette.fr ” (the Site).
The Legal Notices as well as all the prices available on the Site apply to sales contracts concluded via the Site, between the company MAISON JOLIETTE and the Customer. No other contractual stipulation resulting from documents sent or delivered by the Customer may be incorporated herein. Only the express acceptance of the company MAISON JOLIETTE relating to one or other of these documents will be binding on it.
The Customer here designates a consumer, a non-professional, or a professional meeting the conditions laid down by article L221-3 of the Consumer Code. Only these three categories have specific rights detailed in particular in the Consumer Code.
On the contrary, when the Products as defined below are acquired, via the Site, by a professional who does not meet the conditions set out in the aforementioned article L221-3, the Customer acknowledges that these specific rights will not be enforceable against him. .
The Customer declares to have the legal capacity allowing him to contract.
Internet users not resident in France (delivery only in Metropolitan France) wishing to place an order via the Site must check whether the law applicable to them authorizes them to carry out this type of transaction. The existence of the Site cannot be qualified as an act of canvassing and the contract concluded between the Customer and the company MAISON JOLIETTE is a contract concluded at a distance.
1. OBJECT
The purpose of these general conditions of sale (GTC) is to determine the conditions under which any act of purchase of one or more products presented on the Site and defined in article 2 below, via a act of one-time purchase or by subscribing to a subscription (hereinafter "the Subscription").
2 – THE PRESENTATION OF THE PRODUCTS ON THE SITE
MAISON JOLIETTE presents for sale puzzles, stationery and accessories (hereinafter the “Products”). The Products offered for sale are those appearing on the Site on the day the order is placed (Article 3 of the GCS). Information relating to the Products is accessible by clicking on the photograph of the Product or alongside the Product. Without being exhaustive, the purpose of this information is to inform you as completely as possible of the essential characteristics of the Product.
The Product delivered may sometimes turn out to be slightly different from its presentation on the Site. These differences cannot be interpreted as lack of conformity and lead to the cancellation of the sale, except in cases where the differences relate to an essential characteristic of the Product and affect its quality.
3 – THE ORDER
The Customer may place an order for Products or take out a Subscription only via the Site and in French.
3.1 – Customer Identification
Via the Site, the Customer may place an order once he has opened an account. The Customer must first identify himself by providing his contact details and once identified, he can reconnect whenever he wishes using an identifier made up of his email address and a password that he has chosen. . He can change the password as he wishes in the “My account” tab. This password is strictly personal and must be kept confidential. The Customer expressly acknowledges that entering his email address and password constitutes identification on his part.
3.2 – Conclusion of the order – double click
3.2.1. As part of one-time purchase orders for Products (excluding Subscriptions)
The sales contract is validly formed when, once entered his email address and password, the Customer has placed his order for Products (1st click), has been able to read and accept the T&Cs, has checked the content of his order (all the Products he wishes to buy), corrected any errors and confirmed it with a second click, in accordance with the provisions of articles 1125 to 1127-3 of the Civil Code.
The double-click procedure constitutes consent on the part of the Customer and entails payment of the sums due for the execution of the order by the company MAISON JOLIETTE.
In accordance with article L.221-14 of the Consumer Code, any order confirmed by the second click entails an obligation to pay.
3.2.2. Within the framework of the subscription of a Subscription
The Customer can take out a monthly subscription with MAISON JOLIETTE for a fixed period of 3, 6 or 12 months.
As part of the subscription to this Subscription, the sales contract (successive sales) is validly formed when, once identified, the Customer has selected the conditions of the Subscription (type of subscription, its duration) (1 st Click ), was able to read and accept the T&Cs, to check the content of his order (the conditions of the Subscription and the price), corrected any errors and confirmed it with a second click, in accordance with the provisions of Articles 1125 and 1127-3 of the Civil Code.
The double-click procedure constitutes consent on the part of the Customer and entails payment of the sums due for the execution of the order by the company MAISON JOLIETTE.
In accordance with article L221-14 of the Consumer Code, any order confirmed by the second click entails an obligation to pay. The order is confirmed from the first direct debit.
At the end of the initial period, the Subscription ends automatically.
The Customer who has taken out a Subscription cannot request its termination except in the event of moving to a territory not served by MAISON JOLIETTE deliveries and after notification to the latter by e-mail to the address contact@maisonjoliette.fr and upon presentation of valid proof.
3.3 – Confirmation of the sales contract
An email with the GCS will be sent to the Customer's email address to confirm the conclusion of the contract on a durable medium. This confirmation email will also transmit the order number and will make it possible to resume all the elements which are the subject of the general obligation of information, mentioned in articles L221-5 and L221-11 and following of the Code of the consumption.
It is therefore strongly recommended that the Customer keep this acknowledgment email.
3.4 – Execution of the order – Availability of the Products
MAISON JOLIETTE undertakes to implement the best means to honor orders, but can only materially fulfill this obligation within the limits of available stocks.
In the event of a stock shortage, MAISON JOLIETTE will inform the Customer as soon as possible and make the Product unavailable for sale.
The Products are available as long as they are visible on the site. In the event of Product unavailability after placing the order, the Customer will be informed immediately by email. The order will be automatically canceled and no bank debit will be made.
3.5 – Proof of the transaction
The computerized registers, kept in the computer systems of MAISON JOLIETTE under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof, which the Customer expressly acknowledges.
4 – PRICES CONDITIONS
4.1 – Currency – VAT – Other taxes
The prices indicated on the Site are in euros (€) including VAT. The VAT rate applied is the legal rate in force on the day of the transaction. In the event of a change in the amount of the French VAT rate, the adjustment of the prices including tax will be immediate, without prior notice.
In the event of a manifest and gross typographical error in the display of the price, the sale may be canceled by MAISON JOLIETTE or by the Customer.
4.2 – Changes to prices
MAISON JOLIETTE may modify the prices of its Products at any time. However, the modifications will not apply to current orders validly placed (article 3.2).
4.3 – Delivery costs and Processing costs
In addition to the price of the Product, the Customer will have to pay on the one hand the different delivery costs, in particular according to the geographical area concerned, the delivery method chosen, the volume and the weight of the package and on the other hand, any costs of treatment indicated before the validation of the order by the Customer, during the summary of the basket (second click).
4.4 – Promotional codes
Any promotional codes communicated to Customers can only be used once for the same postal address and the same surname and first name.
5 – PAYMENT
5.1 – Payment of the full price of the order must be made when ordering by credit card (Visa or Mastercard). The receipt of payment by MAISON JOLIETTE triggers the preparation of the order and then its availability.
Any payment made by the Customer before delivery is considered neither as a deposit nor as a deposit.
5.2 – The Customer expressly acknowledges that the communication of his bank card number to MAISON JOLIETTE constitutes authorization to debit his account up to the total amount corresponding to the Products ordered or the Subscription. The amount of the order will be debited with the Order.
The Site benefits from one of the most efficient security systems according to the state of the art and uses the SSL (Secure Socket Layer) encryption process. Thus, only the bank has confidential information (card number, expiry date) which is inaccessible to any third party. In the event of the bank's refusal, the Customer will be informed by email and the order will be automatically cancelled.
5.3 – The Customer guarantees to MAISON JOLIETTE that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order. The company MAISON JOLIETTE reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card on the part of officially accredited bodies or in the event of non-payment.
MAISON JOLIETTE reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully paid for this order or partially paid for a previous order or with whom a dispute is in progress. management.
5.4 – MAISON JOLIETTE reserves the right to set up an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the Customer may be asked to send by email or by post to MAISON JOLIETTE a copy of an identity document as well as a copy of the bank card used for payment (copy on the front back, taking care to only show the first 4 and last 2 digits of the number on the front and hiding the cryptogram and the full number of the bank card which may appear hollow on the back of the card). The order will only be validated after receipt and verification of the documents sent, if applicable.
5.5– Retention of title clause
MAISON JOLIETTE retains ownership of the Products sold until effective payment of the full price in principal and incidentals. Lack of payment, even partial, may result in a claim for the Products.
6 – DELIVERY
6.1 – Delivery method
The different means of delivery of the Product made available to the Customer and their conditions of execution are detailed on the Site.
In the event of an incomplete address, incorrect address, refusal of the package by the recipient without just cause or any other lack of information about the place of delivery, the company MAISON JOLIETTE cannot be held responsible.
Similarly, in the event of the recipient's absence, MAISON JOLIETTE cannot be held liable for any prejudice that the Customer may allege.
In the event of an error in the delivery address, a problem of accessibility to the place of delivery, or any other problem resulting in the need to make a new delivery, the latter may be invoiced at actual costs. , it being understood that only the payment of these additional costs will allow the new delivery.
6.2 – Countries that can be delivered
Details of the countries delivered are available on the Site.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be at your expense and are your sole responsibility both in terms of declarations and payments to the competent authorities and/or bodies in your country.
6.3 – Receipt of the Product
When ordering or subsequently before delivery, the Customer may designate a third party responsible for receiving the Product.
6.4 – Delivery times
6.4.1 - Delivery times only start from the date of full payment of the order. They are expressed in working days and are, in principle, specified when ordering. In general, timely delivery can only take place if the Customer has fulfilled all of his contractual obligations towards MAISON JOLIETTE.
In accordance with article L216-1 of the Consumer Code and in the absence of any other clarification by the company MAISON JOLIETTE when ordering, the delivery time of the Products will be a maximum of three weeks from the date of completion of the complete payment, with regard to the Customer. In the event of a Subscription, the aforementioned period concerns the first issue.
6.4.2 – In the event of non-compliance with the deadline, the Customer may order MAISON JOLIETTE to comply within a new deadline. The formal notice must be sent by registered letter with acknowledgment of receipt to the following address: EURL MAISON JOLIETTE, 10 rue de Verdun, Brissac-Quincé, 49320 BRISSAC-LOIRE-AUBANCE. In the absence of execution within this new period, the contract may be terminated by sending a writing according to the same terms.
6.5 – In the event of termination of the sales contract under the aforementioned conditions, MAISON JOLIETTE undertakes to reimburse the Customer for all sums paid, within 14 days of the termination of the sales contract.
6.6 – Problems on delivery due to transport
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, damaged products, etc.) must be specified on the delivery note in handwritten form, accompanied by the signature of the Customer or the third party in charge of receiving the Product (article 6.3).
The Customer or the aforementioned third party must express their reservations as precisely as possible: "damaged packaging on the left side", "scratch", "trace of blow" etc. Imprecise statements such as "subject to unpacking" cannot be recognized in the event of a dispute.
For these reservations to be taken into account, the Customer must confirm this anomaly by sending the carrier within 3 working days of the delivery date, a registered letter with acknowledgment of receipt setting out the said complaints. He must send a copy of this letter by email to contact@maisonjoliette.fr .
6.7 – Product missing on delivery or delivery not conforming to the order
If the Customer notices that a Product is missing during delivery by the carrier or that the package does not comply with the order, he must contact MAISON JOLIETTE by email at contact@maisonjoliette.fr within 48 working hours. following the delivery, indicating its order number.
When a Product is missing, MAISON JOLIETTE will deliver the said Product as soon as possible, without additional shipping costs.
In the event of delivery not conforming to the order, MAISON JOLIETTE will replace the Product and, failing that, refund according to the procedure described in Articles 8 and 9 below.
7 – THE FACULTY OF WITHDRAWAL AND ITS CONDITIONS OF EXERCISE
7.1 – Deadline
The Customer has a period of 14 calendar days (excluding Saturdays, Sundays and public holidays or non-working days), from the day after the date of receipt of the Product by himself or by a third party he has designated (article 6.3 ) or from the date of receipt of the first Product in the event of a Subscription, to exercise the right of withdrawal, in accordance with article L221-18 of the Consumer Code.
7.2 – Conditions of exercise
The Customer may exercise this right via the withdrawal form provided at the end of the GCS or via an email clearly expressing his wish to withdraw to contact@maisonjoliette.fr . MAISON JOLIETTE will acknowledge receipt of the exercise of the right of withdrawal, by sending an email to the address indicated by the said Customer.
7.3 – Return costs
This right of withdrawal is exercised without penalty. Return costs are the responsibility of the buyer.
7.4 – Return conditions
The Product must be returned in its original packaging, so that it can be offered for sale again as a new product, within a maximum period of 14 days from the communication of the decision to withdraw to the company MAISON JOLIETTE. The Customer will insert inside the package the return form provided by MAISON JOLIETTE duly completed with the appropriate reason for return.
Only the Products returned as a whole and having been the subject of the withdrawal will be taken back.
On the other hand, the transport packaging (carton) may be changed if it is not essential for the packaging and therefore for resale.
Any Product that has been opened or damaged, or that is no longer suitable for further marketing will not be refunded.
7.6 – Refund
MAISON JOLIETTE undertakes to reimburse the order of the Products concerned – the standard amount of the delivery costs will be reimbursed – by the same means of payment used for the initial transaction, unless otherwise expressly specified by the Customer. Reimbursement is scheduled upon receipt of the Product in perfect condition for resale as specified above, at the address indicated by the company MAISON JOLIETTE.
8 – REFUND POLICY (LEGAL GUARANTEE)
8.1 – Non-compliant products – defective products
Any Product sold benefits from the legal provisions of the guarantee against hidden defects (articles 1641 and following of the Civil Code) and the legal guarantee of conformity (articles L217-4 to L217-13 of the Consumer Code). The warranty is applicable upon presentation of the purchase invoice. Defects or deterioration caused by natural aging or improper use, or by modification not provided for or specified by MAISON JOLIETTE and/or the manufacturer are excluded from the warranty.
It is recalled that the legal guarantee does not apply when the damage is linked to a cause external to the Product (accident, shock, etc.) or even due to the Customer, such as non-compliance with the standards for use of the Product.
8.2 – Request for pick-up and return
For any request for coverage under the warranty, the Customer must send an email to MAISON JOLIETTE at contact@maisonjoliette.fr , clearly expressing their desire to activate the warranty and specifying the order number. MAISON JOLIETTE will acknowledge receipt by sending an email to the address indicated by the said Customer. The Product must be shipped with the return label provided by MAISON JOLIETTE, stuck on the package, as well as the return form provided by MAISON JOLIETTE duly completed with the appropriate reason for return, placed inside the package.
9 – RETURN COSTS
The return costs incurred by the Customer for the warranty claim as well as the return costs are the responsibility of the company MAISON JOLIETTE.
On the other hand, in cases where the guarantee is not recognised, MAISON JOLIETTE reserves the right to invoice the Customer for the costs of reshipping. The cost of the return costs will have been previously communicated to the Customer in this case.
10 – RESPONSIBILITY
10.1. MAISON JOLIETTE is fully responsible for the proper execution of the order.
Nevertheless, any poor performance or non-performance due to a cause attributable to the Customer, to a case of force majeure as defined by article 1218 of the Civil Code or to an unforeseeable and insurmountable fact of a third party to the contract may exempt all or part of the responsibility of MAISON JOLIETTE.
10.2. Suspension – termination of account
The company MAISON JOLIETTE reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GCS, or in general to the applicable legal provisions, without prejudice to any damages that the company MAISON JOLIETTE may request.
Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site without the prior and express authorization of MAISON JOLIETTE.
11 – ARCHIVING – PROOF
The computerized registers, kept under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders, order confirmations and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy.
The computerized registers of MAISON JOLIETTE will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
The Customer will have access to the archived elements on simple request to contact@maisonjoliette.fr .
12 – PERSONAL DATA
On the occasion of the execution of the order, the company MAISON JOLIETTE collects personal data. For more information: https://maisonjoliette.fr/pages/donnee-personnelles
13 – MISCELLANEOUS PROVISIONS
In general, the Customer and the company MAISON JOLIETTE expressly accept the possibility of exchanging information via email, including the exchange of consents.
The correspondence address of MAISON JOLIETTE will be contact@maisonjoliette.fr .
The T&Cs may be modified by MAISON JOLIETTE at any time to incorporate, on the one hand, any legislative or jurisprudential modification applicable in particular to e-commerce and, on the other hand, any technical or technological development improving the Site.
If any of the stipulations of these GCS is void, it will be deemed unwritten, but will not result in the nullity of all the contractual provisions.
Any tolerance or waiver by one of the parties, in the application of all or part of the commitments made within the framework of these GCS, whatever the frequency and duration may have been, cannot constitute modification of the GCS, nor generate any right.
14 – SETTLEMENT OF DISPUTES
These T&Cs are subject to French law.
In the event of a dispute, the consumer, non-professional or professional Customer meeting the conditions laid down by article L221-3 of the Consumer Code will first seek a solution directly from the company MAISON JOLIETTE. Failing to find a favorable outcome, the Customer may submit his dispute free of charge to the mediator in accordance with articles L.611-1 and following – articles R.612-1 and following.
Updates on 06/01/2023