GENERAL TERMS AND CONDITIONS OF SALE AND USE
These General Terms and Conditions of Sale and Use are entered into between ·
On the one hand, the company LA MAISON DE COMMERCE, owner of the domain name lamaisondecommerce.com and operator of the website www.lamaisondecommerce.com, a simplified joint-stock company (SAS) with capital of 20,000 euros, registered with the Paris Trade and Companies Register (RCS) under No. 830 825 444 – SIRET 830 825 444 00011 – Intra-Community VAT ID No. FR 408308825444, with its registered office located in France at 201 Boulevard Saint-Germain, 75007 Paris, hereinafter referred to as La Maison de Commerce ;
And, on the other hand, any individual or legal entity visiting or making a purchase on the website www.lamaisondecommerce.com, hereinafter referred to as “the Customer”;
Hereinafter collectively referred to as the “Parties.”
Definitions
The following definitions apply in these Terms and Conditions:
“Site”: refers to the website identified in the preamble above, accessible via the Internet atwww.lamaisondecommerce.com.
"Consumer": a natural person who engages in a commercial transaction for personal, family, or household purposes.
“Professional”: a natural person or legal entity acting in the course of their professional and/or commercial activities.
“Customer”: A consumer and/or business customer who places an Order on the Websitewww.lamaisondecommerce.com,by email, orby phone, whether a French or foreign national, residing in France or abroad.
“Order”: Refers to the sales contract entered into between the Customer and La Maison de Commerce, upon payment by the Customer of the full price of the Order.
“Recipient”: Refers to the individual or legal entity designated by the Customer to receive the Order.
In Full
These terms and conditions set forth the full scope of the Parties’ obligations.
Accordingly, the Customer is deemed to accept, without reservation, all of the provisions set forth in these General Terms and Conditions. No general or specific terms and conditions contained in any documents sent or provided by the Customer shall be incorporated herein if they are inconsistent with these General Terms and Conditions.
Subject
These Terms and Conditions are intended to define and govern the contractual relationship between La Maison de Commerce the Customer, from the Order through payment and the use of services provided by La Maison de Commerce to delivery, as well as the terms applicable to any Order placed with La Maison de Commerce the Website, by email, or by phone. Consequently, placing an order for a product or service on the Website constitutes full and unconditional acceptance of these terms and conditions, which the Customer acknowledges having read prior to placing the Order.
Duration
These terms and conditions apply for as long as the products and services offered by La Maison de Commerce remain available online.
Acceptance of the General Terms and Conditions of Sale and Use
Accessibility
Any user browsing the Site may review these terms and conditions by clicking on the hyperlink at the bottom of each page of the Site. As these terms and conditions are subject to change at any time, the applicable terms and conditions are those in effect on the Site as of the date of the Order.
Legal Capacity of the Client
For the purposes of these Terms and Conditions, a “Customer” is any individual or legal entity who is at least 18 years of age and/or has the authorization of an authorized representative as of the date of the Order. By paying for the Order, the Customer acknowledges that they have full legal capacity to enter into a binding agreement under these Terms and Conditions.
Acceptance of the General Terms and Conditions of Sale and Use
The Customer acknowledges having read these terms and conditions and expressly agrees to accept them without reservation upon confirming their Order on the Website.
With regard to Orders not placed online on the Site (via email, phone, etc.), the Customer acknowledges having read these terms and conditions and expressly agrees to them upon receiving and not disputing the Order confirmation email.
By accepting these terms and conditions, the Customer unconditionally accepts all of their provisions, to the exclusion of all others.
The applicable terms and conditions are those in effect on the Website as of the date of the Order. They remain in effect for the period necessary to provide the goods and services purchased, until the warranties for such goods and services expire.
Product Features and Availability
Viewing Product and Service Specifications
The photographs of the products and services displayed on the Site are for illustrative purposes only and do not constitute a commitment by La Maison de Commerce guarantee that the product ordered will be identical to the product shown on the Site. In fact, the products offered for sale by La Maison de Commerce produced using artisanal manufacturing processes, most often by hand, using natural materials. These products are therefore all one-of-a-kind items—even when produced in small batches—and any variations, discoloration, deformations, or other alterations are inherent to their nature and shall not be considered defects.
Product Availability and Offer Validity
The products and services offered, as well as the prices listed on the Site, are valid while supplies last. A product that is no longer available is marked as “Currently Being Produced.” It is also specified that simply adding a product to the online “shopping cart” does not constitute confirmation of the Order, as the product may become unavailable between the time it is added to the cart and the time the Customer confirms the Order. In the event that a product or service is found to be unavailable after payment has been confirmed, La Maison de Commerce to cancel the Order and issue a full refund of the price paid by the Customer no later than thirty (30) days after the Customer’s payment.
Some products may also be offered for sale “on demand,” indicated with the note “crafted by our artisan at your request.” In such cases, these products are crafted by our artisans at your request, with a production time provided for informational purposes only. If the actual production time exceeds the estimated time, La Maison de Commerce the Customer as soon as possible, by email or phone, to inform them. The Order is placed upon the Customer’s payment of a deposit equal to 50% of the price, and delivery is contingent upon the Customer’s payment of the balance of the full price and shipping costs. If the balance is not paid, the Order will be canceled and the deposit paid will be retained by La Maison de Commerce. In accordance with applicable law, the right of withdrawal does not apply to Orders for products custom-made at the Customer’s request.
Order
To place an Order on the Website, the Customer must follow the procedure provided for that purpose.
The Customer may place an order as a “guest” (without creating a customer account), but is also given the option during the ordering process to create a customer account (hereinafter referred to as the “Account”) by filling out the form provided for that purpose. This Account is strictly personal and allows the Customer to log in before confirming each order.
The Customer expressly agrees to provide complete and accurate information. La Maison de Commerce shall La Maison de Commerce be held liable for any errors in the billing or shipping address or for incomplete information that makes it impossible to deliver an Order.
As soon as payment is accepted, the Customer will receive an email confirming their Order, summarizing all products and services ordered, as well as the billing and shipping addresses. If this does not occur, the Customer is asked to immediately contact La Maison de Commerce email at info@lamaisondecommerce.com.
La Maison de Commerce the right not to process an Order in the event of unreasonable or abusive complaints, orders that are unusual in terms of the quantities ordered, unreasonable or abusive exchanges or returns, or any existing dispute(s) with the Customer.
La Maison de Commerce available to answer any questions the Customer may have regarding their Order. It can be reached by email at info@lamaisondecommerce.com, Monday through Friday, from 9:30 a.m. to 6:00 p.m. (GMT +1 time zone, excluding French holidays), or by phone at +33 (0)1 43 21 04 64, Tuesday through Saturday from 11:00 a.m. to 7:00 p.m. (GMT +1 time zone, excluding French public holidays).
Pricing and Payment
Price
The prices of the products and services offered on the Site are listed in EURO (€), inclusive of all taxes (TTC), which refers to Value-Added Tax (VAT) for products delivered within the European Union. The VAT applied is the French VAT rate; any change in the statutory rate will be reflected in the prices displayed on the Site, effective as of the date of its legal implementation.
Prices are valid at the time the Customer places an Order and do not include the Customer’s share of shipping costs (packaging and transportation), which are billed separately and disclosed to the Customer on the Order summary prior to confirmation and payment, and are shown inclusive of all taxes, meaning the VAT applicable in France.
La Maison de commerce the right to change its prices at any time but agrees to apply the prices listed on the Website at the time the Order is placed.
Payment
The total amount of the Order consists of the price of the products and services, taxes (see the section below titled “Prices”), and the applicable shipping and handling fees (packaging and delivery), the details of which are provided to the Customer on the Order summary prior to confirmation and payment, expressed inclusive of all taxes, meaning the VAT applicable in France.
Payment of this amount must be made in full at the time the Customer confirms the Order.
The Customer makes payment online using one of the following payment methods: CARTE BLEUE, VISA, MASTERCARD. Transactions on the website are processed through the Mercanet secure online payment platform, operated by BNP PARIBAS.
La Maison de Commerce the right to suspend any Order and any delivery in the event that an officially accredited organization refuses to authorize payment by credit card or in the event of non-payment. In particular, La Maison de Commerce the right to refuse to make a delivery or fulfill an Order from a Customer who has not paid for a previous order in full or in part, or with whom a dispute is pending.
As part of an order verification process designed to ensure that no one is using another person’s bank account information without that person’s knowledge, the Customer may be asked to send La Maison de Commerce copy of a valid ID and proof of address via fax or email. The Order will not be confirmed until our department has received and verified the documents sent. If these documents are not received within fifteen (15) days of placing the Order, the Order will be deemed automatically canceled.
Order Processing and Delivery
Orders may be placed by the Customer on the Website Monday through Sunday, at any time.
Except during annual closures, “Standard” orders are processed by La Maison de Commerce 4 business days and then delivered by the postal service within the timeframes applicable to Colissimo shipments (see “Deliveries and Returns” for more details).
Except during annual closures, “Express” orders are processed by La Maison de Commerce 2 business days and then delivered by the postal service within the timeframes applicable to Chronopost shipments (see “Deliveries and Returns” for more details).
La Maison de Commerce processing time La Maison de Commerce on the first business day following the day the order is placed, excluding Mondays (if the order is placed on a weekend or a holiday, the processing time begins on the next business day, excluding Mondays).
Depending on the shipping method selected, the Customer will be asked to pay a portion of the shipping costs, which will be billed to the Customer (see “Shipping and Returns” for more details).
La Maison de Commerce that the Customer combine all products into a single Order and will not be able to combine two Orders placed separately. In such cases, shipping fees will apply to each Order.
La Maison de Commerce to making every effort to deliver the Order within the timeframes specified in the order confirmation. To ensure that these timeframes are met, the Customer must ensure that they have provided accurate and complete information regarding the delivery address.
Products sold on the Site can only be shipped to the following countries: Metropolitan France, Monaco, the United Kingdom, European Union countries, the United States, and Canada.
Deliveries are handled by the postal service based on the option selected by the Customer when confirming their order on the Website. Delivery times vary depending on the availability of the ordered products, the delivery location, and the selected delivery method. La Maison de Commerce shall La Maison de Commerce be held liable for delays resulting from any service suspensions by carriers or from any customs procedures when shipping internationally.
Products ordered on the Site will remain the property of La Maison de Commerce they are delivered to the address specified by the Customer. All risks associated with the ordered products (including the risk of loss and/or damage to the products) will be transferred to the Customer upon delivery.
For orders outside France, the recipient will be responsible for paying any taxes or customs duties applicable in the destination country, if applicable.
Order Receipt – Complaints – Returns
The Customer is required to verify that the products received in fulfillment of their Order comply with the order at the time of delivery. It is the Customer’s responsibility to inspect the packages upon receipt in the presence of the delivery person and to immediately notify the carrier and La Maison de Commerce emailat info@lamaisondecommerce.comof anyissues found (impact damage, damaged package, delivery date not in line with the delivery service’s standard lead times, etc.). If such notes have not been included on the delivery slip presented to the Customer by the carrier, La Maison de Commerce will not accept any subsequent claims regarding the condition of the package(s).
In addition, any issue regarding the Order—such as missing products, damaged products, or products that do not conform to the Order—must be reported within fourteen (14) calendar days of receipt of the Order, by registered mail to the following address: La Maison de Commerce, 2 rue de Luynes, 75007 Paris – France, and by email toinfo@lamaisondecommerce.com. After this period, except in the case of a hidden defect, no claims will be accepted byLa Maison de Commerce, and the products will then be deemed to be in compliance with the Order.
For any return of non-conforming product(s), the Customer must include in the package the return form, which must be completed and printed in advance using the return form sent by La Maison de Commerce email following notification of the return request. Non-compliant products must be returned in their original packaging, along with any accessories necessary for their resale, to the following address: La Maison de Commerce, 2 rue de Luynes, 75007 Paris – France.
La Maison de Commerce that the Customer return products via registered mail or with supplemental insurance, which, if necessary, guarantees compensation for the products up to their actual market value in the event of theft or loss. In all cases, returns are made at the Customer’s own risk. It is the Customer’s responsibility to retain all proof of return. The risks and costs of return are the sole responsibility of the Customer, who is free to choose the shipping method. In the event of an incomplete or damaged return, a refund will not be issued.
Upon receipt of the return, once the non-conformity has been verified and confirmed via email to the Customer, La Maison de Commerce either a replacement for the non-conforming product(s) or a refund of the price of the non-conforming products (or the price of the products and shipping costs in the case of a fully returned order), as well as reimbursement of the return shipping costs for the non-non-compliant product(s) in accordance with the rate schedule (Colissimo delivery without registered mail) published by Colissimo and Colissimo International as of March 1 of the current year, excluding any taxes and customs duties paid by the Customer at the time of delivery, no later than thirty (30) days from the date La Maison de Commerce confirms the non-compliance. In the event of unreasonable or abusive claims, La Maison de Commerce refuse to fulfill any subsequent Order.
Right of Withdrawal
The Customer has fourteen (14) calendar days from the date of receipt of the products to exercise their right of withdrawal, without providing a reason and without incurring any penalties, except for return shipping costs. This period begins on the date the products are received. If it expires on a Saturday, Sunday, or a holiday, it is extended until the next business day.
For any return under the right of withdrawal, the Customer is asked to contact La Maison de Commerce via the contact form on the Website, by emailat info@lamaisondecommerce.com, or by phone at +33(0)1 43 21 04 64, where the Customer will be informed of the procedures to follow. In particular, the Customer may use the withdrawal form provided below, which should be sent by mail and/or email to the following address: La Maison de Commerce Returns Department – 2, rue de Luynes, 75007 Paris, France / Email:info@lamaisondecommerce.com
I hereby notify you of my withdrawal from the contract for the sale of the item(s) listed below:
…………………………………………………………………………………………………………………………………………………………………………………………….
Ordered on: .. / .. / ….
Received on: .. / .. / ….
Order Number: ……………………………………………………….
Name of Client(s): ……………………………………………………………..
Customer(s)' Address: …………………………………………………………………………………………………………………………………………………….
Signature of the Client(s) (only if this form is submitted in paper form): …………………………………………..
Date: .. / .. / ….
Returned products must be sent back in their original packaging, in perfect condition for resale, along with any accessories necessary for their resale, to the following address: La Maison de Commerce, 2 rue de Luynes, 75007 Paris – France.
La Maison de Commerce that the Customer return products via registered mail or with supplemental insurance, which, if necessary, guarantees compensation for the products up to their actual market value in the event of theft or loss. In all cases, returns are made at the Customer’s own risk. It is the Customer’s responsibility to retain all proof of return. The risks and costs of return are the sole responsibility of the Customer, who is free to choose the shipping method. In the event of an incomplete or damaged return, the return will not be accepted and no refund will be issued.
Subject to compliance with these terms and conditions, La Maison de Commerce , via a credit to the credit card used to place the Order, the price of the returned product(s), or the price of the product(s) and the shipping costs in the event of a fully returned Order, up to the amount specified in the rate schedule (Colissimo shipping without registered mail) published by Colissimo and Colissimo International as of March 1 of the current year, no later than thirty (30) days afterLa Maison de Commerce receives the return.
Products are packaged to meet shipping requirements and to ensure optimal protection during delivery. Customers are asked to adhere to these same standards when returning products, whether due to a defect or as part of the right of withdrawal. In the event that a product or products are returned damaged due to inadequate packaging, La Maison de Commerce decide to issue only a partial refund or to refuse a refund if the items cannot be resold in their current condition.
Certain products, due to their nature, cannot be returned or are likely to spoil or expire quickly. They are excluded from the right of withdrawal. This includes, in particular, products custom-made at the Customer’s request or products whose original packaging has been opened, including any food or cosmetic products that have been opened or damaged by the Customer after delivery, as they cannot be returned for health and hygiene reasons.
Warranties
The provisions herein shall not deprive the Customer of the statutory warranty that requires the professional seller to indemnify the Customer against all consequences of latent defects in the item sold.
The Customer is expressly informed that La Maison de Commerce the manufacturer of the products presented on the Site. Consequently, in the event of injury to a person or damage to property caused by a defective product, the Customer may hold only the manufacturer of that product liable, based on the information relating to said product. Furthermore, the products, services, and information offered by La Maison de Commerce way La Maison de Commerce for constant adult supervision. La Maison de Commerce be held liable in the event of non-compliance with the laws of the country where the products are delivered. It is the Customer’s responsibility to verify with local authorities the possibilities for importing or using the products or services ordered.
Disclaimer
Placing an order on the Website implies that you are aware of and accept the procedures in effect on the Internet, particularly with regard to technical performance, response times, connection times, information queries or transfers, the risk of service interruptions, the risk of infection by viruses circulating on the network, and, in general, all risks associated with the use of the Internet.
La Maison de Commerce therefore in no event be held liable for any direct or indirect damage resulting from misuse or any incident related to the use of a computer, Internet access, the maintenance or malfunction of servers, the telephone line, or any other technical connection, as the Customer’s connection to the Site is made at the Customer’s sole responsibility.
Force Majeure
La Maison de Commerce shall La Maison de Commerce be liable for any total or partial failure to perform its obligations under the Order placed by the Customer if such failure is caused by an event constituting a force majeure event as legally defined.
In such a case,La Maison de Commerce the Customer of the occurrence of such an event within five (5) business days of its occurrence, via email.
After a period of thirty (30) days, and if the event constituting a force majeure situation continues, the Order will be canceled and, if applicable, refunded to the credit card used to place the Order within a maximum of 30 (thirty) days.
Data Privacy
The information requested from the Customer is necessary to process the Order.
If the Customer consents to providing personal data, the Customer has the right to access, withdraw, and correct such data. The Customer must submit any written request via email to the following address: info@lamaisondecommerce.com.
By providing their personal information, the Customer agrees to receive newsletters, promotional offers, and/or notifications regarding events or exclusive sales hosted by La Maison de Commerce. The Customer may change this preference at any time by notifying La Maison de Commerce the contact form on the Website, by mail to La Maison de Commerce, 201 Boulevard Saint-Germain, 75007 Paris, France, by email to info@lamaisondecommerce.com, or through the hyperlink at the bottom of the newsletters received by email.
La Maison de Commerce to effectively processing changes to subscriptions and unsubscriptions for the commercial emails it sends as promptly as possible, depending on the processing required.
La Maison de Commerce data collection systems such as cookies. A cookie is a computer file stored on the user’s hard drive. Cookies make it possible to recognize a user’s previous visit to the Site and to link the user to the personal data they have provided on the Site, particularly for the purpose of identifying the shopping cart.
La Maison de Commerce its customers that the processing of this personal and/or identifying information is recorded in a dedicated register, in accordance with Article 30 of the GDPR.
(For more details, see our “Privacy Policy,” available on our Website)
Intellectual Property
TheLa Maison de Commerce trademark, as well as all figurative and non-figurative trademarks and, more generally, all other trademarks, illustrations, images, and logos appearing on the products, their accessories, and their packaging—whether registered or unregistered—are and will remain the exclusive property of La Maison de Commerce. Any reproduction, in whole or in part, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium whatsoever, without the express prior consent of La Maison de Commerce strictly prohibited.
All content (text, comments, works, illustrations, images, videos, graphics, audio, etc., including the underlying technologies used) displayed on the Site is protected by copyright and intellectual property rights worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorized, subject to any different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes infringement and is punishable under intellectual property law unless prior authorization is obtained from La Maison de Commerce. Any reproduction, in whole or in part, of La Maison de Commerce catalog La Maison de Commerce strictly prohibited.
Any person operating a website who wishes to place a simple link on their site that directs users directly to the Site must request authorization from La Maison de Commerce. Such authorization shall in no way constitute an implied affiliation agreement and shall not be granted on a permanent basis. Upon request by La Maison de Commerce, this link must be removed.
Non-Waiver
The fact that one of the Parties does not rely on a commitment by the other Party with respect to any of the obligations set forth herein shall not be construed in the future as a waiver of the obligation in question.
Governing Law and Jurisdiction
If any of these terms is found to be invalid, illegal, or unenforceable by a court ruling, the remaining terms will remain in effect.
These terms and conditions shall be governed by and construed in accordance with French law.
In the event of a dispute, the Customer shall first contact La Maison de Commerce email atinfo@lamaisondecommerce.com, by mail at La Maison de Commerce, 201 boulevard Saint-Germain, 75007 Paris, France, or by phone at +33(0)1 43 21 04 64 in order to reach an amicable resolution. Failing that, the French courts of general jurisdiction shall have exclusive jurisdiction.