General conditions of sale

PREAMBLE

These general terms and conditions of sale apply to any purchase made by a natural person with the status of consumer on the website https://www.maisonpujalte.com from MAISON PUJALTE, a simplified joint stock company with capital of €6,000, registered in the Nice trade and companies register under number 929 094 019, having its registered office at 2 Bis Avenue Durante, Centre MBE N220, 0600 NICE, France.

Any order placed on the Site necessarily implies the unreserved acceptance by the Customer of these general conditions.

1 – DEFINITIONS

The terms used below have, in these General Conditions of Sale, the following meaning:

"Customer" : means the Seller's co-contractor, who guarantees that he/she has the status of consumer as defined by French law and case law. As such, it is expressly provided that the Customer acts for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity.

“Order” : means the purchase of Products made by a Customer from the Seller on the Site.

“General Conditions of Sale” or “GCS” : means these contractual conditions governing the sale of the Product by the Seller via the Site.

“Product Sheet” : means the page presenting the commercial offer linked to a Product. The Product Sheet is generally composed of one or more photographs of the Product, the price, the characteristics of the Product and all mandatory information.

“Identifiers” : means the Customer’s email address and password, required to access their Customer Area on the Site.

“Delivery” : means the first presentation of the Products ordered by the Customer to the delivery address indicated when placing the Order.

“Parties” : in the plural, means together the Customer and the Seller. In the singular, means only one of the two Parties.

“Product” : means all Products available on the Site.

“Site” : means the sole online sales channel of MAISON PUJALTE, accessible at the address https://www.maisonpujalte.com .

“Seller” : means the company MAISON PUJALTE, a simplified joint stock company, with capital of €6,000, registered in the Nice trade and companies register under number 929 094 019, with its registered office at 2 Bis Avenue Durante, Centre MBE N220, 0600 NICE, France.

2 – ACCEPTANCE AND ENFORCEABILITY

These General Terms and Conditions aim to define the terms of the contract concluded remotely between the Parties.

The T&Cs define the obligations and commitments of the Parties with regard to the sale of Products on the Site.

These General Terms and Conditions are binding on the Customer as soon as the latter has accepted them when placing an order on the Site.

The T&Cs may be modified or amended at any time by MAISON PUJALTE.

The version of the T&Cs that will apply to you will always be the one accepted at the time of placing your order.

The Customer declares having read the general conditions before placing an Order and having accepted them without reservation.

The fact that MAISON PUJALTE does not assert at any given time any of the clauses of these General Terms and Conditions may not under any circumstances be interpreted as a waiver by MAISON PUJALTE of the right to assert any of the said clauses at a later date. Similarly, any condition, contrary to the General Terms and Conditions, requested by the Customer and not accepted by MAISON PUJALTE is unenforceable against us.

3 – ORDER TAKING

On each Product page, the Customer can add Products to his shopping cart by clicking on the “Add to cart” button.

The Customer is then invited to complete their personal information as well as their delivery information; any incorrect information may result in a potential delay in the order, or even its cancellation.

The Customer is then invited to choose the payment method and complete the payment information. In order to finalize the order, the Customer must read and accept the T&Cs by checking the box provided for this purpose, before clicking on “Proceed to payment”.

MAISON PUJALTE acknowledges receipt of the order upon its validation by sending the Customer an order confirmation email which summarizes the conditions of the order, including the Products ordered, the address and the delivery times.

In accordance with article L221-13 of the Consumer Code, the acknowledgment of receipt constitutes confirmation of the contract including all the information provided for in article L221-5 of the Consumer Code.

The day of the order is understood to be the day the acknowledgment of receipt of the order is sent.

In certain cases, in particular for non-payment, incorrect address or any other problem related to the information provided when ordering, MAISON PUJALTE reserves the right to block the order until the problem is resolved. In the event of prolonged non-payment, MAISON PUJALTE reserves the right to terminate the sale automatically, without prejudice to any other damages.

4 – PRODUCTS

The photographs of the products on the Site are provided for illustrative purposes; the actual appearance of the Product may vary slightly depending on the characteristics of your screen and computer equipment.

The Customer is invited to refer to the description of each Product appearing on the Site to find out its characteristics and, in case of doubt or if additional information is desired, to contact customer service whose contact details appear in the Customer Service article below.

Our Product offers and their prices are valid as long as they are visible on our Site.

In accordance with Article L.221-11 of the Consumer Code, the Seller will provide the Customer, on its site, with all the information provided for in Article L.221-5 of the Consumer Code.

5 – PRICE AND PAYMENT

The prices of the Products are indicated in euros and do not include delivery costs.

For mainland France and European Union countries, prices are inclusive of all taxes (TTC), the VAT applied being that of the day of the order. Any change in the VAT rate will be automatically reflected in the price of the Products. For other countries, prices are exclusive of VAT. The shipping costs of the products depend on their place of delivery, namely:

Delivery in mainland France:

Standard delivery to the address indicated by the Customer, with delivery to the mailbox without signature, subject to payment by the Customer of 4.49 euros including tax for shipping costs

Delivery to a relay point subject to payment by the Customer of 4.49 euros including tax for shipping costs. The Customer will be informed by email when their order is made available at the relay point. In the event of an overload of the number of packages or exceptional closure of the selected merchant relay point, the delivery of the package will be made to the nearest parcel relay.

Express delivery to the address indicated by the Customer upon payment by the Customer of 12.99 euros including tax for shipping costs.

Delivery to French overseas departments and territories and abroad:

All deliveries to the French overseas departments and territories and abroad are systematically processed as “international delivery” according to the rates indicated on the Site.

For deliveries to the French Overseas Territories and countries outside the European Union, customs or import taxes may be added to the price of our products and remain the responsibility of the Customer. It is therefore up to the Customer to inquire about their amount at their local customs office.

MAISON PUJALTE reserves the right to modify the price of the products at any time at its sole discretion.

Such changes will not affect orders already placed, and the Products will be billed at the price displayed at the time of your order.

The Products remain the property of MAISON PUJALTE until full payment of their price to MAISON PUJALTE.

Discounts cannot be combined.

6 – DELIVERY

The products are delivered to the delivery address indicated by the Customer when ordering. The Customer is responsible for the information relating to the name and delivery address. These details must be precise, accurate, and complete to allow delivery under normal conditions. As such, the Customer is required to provide all the information essential for delivery (exact address, door code, etc.).

MAISON PUJALTE cannot be held liable in the event of a return delivery due to an incorrect address or an inability to deliver to the address indicated.

In such a case, the products will be returned to the MAISON PUJALTE warehouse and the Customer must contact MAISON PUJALTE customer service, the contact details of which are given in the “Customer Service” article, in order to find out the steps to follow to recover the Products ordered.

In the event of a delay in delivery due to MAISON PUJALTE, the Customer will be informed via the contact details provided. This is why it is important that the contact details are complete and accurate.

In the event of a delay in delivery by MAISON PUJALTE, the Customer may terminate the contract, by registered letter with acknowledgement of receipt, or by writing on another durable medium, if, after having ordered, in the same manner, MAISON PUJALTE to make the delivery within a reasonable additional period, MAISON PUJALTE has not complied within this period.

The contract is considered terminated upon receipt by the professional of the letter or written document informing him of this termination, unless the professional has performed in the meantime.

All products purchased from MAISON PUJALTE are delivered to the Customer via a transport company. Any risk of loss or damage to the products is transferred to you at the time you or a third party designated by you, other than the carrier, takes physical possession of the Products.

Orders are processed the same day if placed before 1 p.m., or the day after the day of registration if ordered after 1 p.m. Orders placed on Saturday or Sunday are processed the following Monday. Orders placed on a public holiday are processed the following business day.

The Products are delivered by the delivery company most suited to the different geographical parameters, taking into account their efficiency and speed as selection criteria.

The products are delivered:

Within 3 to 4 working days after dispatch in the case of delivery to a relay point.

Within 2 to 3 business days after dispatch for standard home delivery.

Within 1 day after dispatch in the case of express home delivery.

It is not possible to commit to international delivery times, but MAISON PUJALTE undertakes to use the fastest and most efficient delivery services depending on the geographical area delivered.

As soon as MAISON PUJALTE sends the ordered products, an email is sent to the Customer. The Customer is given the number of their package and a link is provided to the Site for tracking their delivery.

MAISON PUJALTE reserves the right to request delivery against signature when the order exceeds a certain amount, at its own expense.

7 – RIGHT OF WITHDRAWAL

In application of the provisions of articles L.221-18 et seq. of the Consumer Code, following his online order, the Customer has a period of 14 days, from the date of receipt by the Customer or by a third party designated by the Customer of the products subject to his order, to exercise his right of withdrawal. If the period expires on a Saturday, Sunday, public holiday or non-working day, this period is extended until the next working day.

In accordance with article L.221-28 of the Consumer Code, the exercise of the right of withdrawal is excluded for the following products:

Products made to consumer specifications or clearly personalized;

Products likely to deteriorate rapidly;

Products that you have unsealed after delivery and which cannot be returned for reasons of hygiene or health protection;

Products which, after being delivered and by their nature are inseparably mixed with other items.

To exercise your right of withdrawal, please notify your decision to withdraw by means of an unambiguous statement expressing your wish to withdraw:

By mail to the following address: SAS MAISON PUJALTE, 2 Bis Avenue Durante, Centre MBE N220, 06000 Nice.

By email to the following address: contact@maisonpujalte.com

In order to comply with the fourteen-day withdrawal period, the communication relating to the exercise of the right of withdrawal must be sent before the expiry of this period, the postmark serving as proof where applicable.

Once you have communicated your wish to withdraw, the Products must be returned to the address indicated by Customer Service within a maximum period of fourteen (14) days after you have communicated your decision to withdraw. The Customer must bear the cost of returning the Products, unless otherwise indicated by Customer Service.

The refund will be made via the payment method used for the purchase and will occur as soon as possible after receipt of the returned Product(s) and at the latest within 14 days from the day on which MAISON PUJALTE is informed of your decision to withdraw from this contract. The refund will only be made if the Product is returned in perfect condition, in its original form, that is to say without having been used, damaged, and without its marketable quality having been compromised. MAISON PUJALTE will not accept the return of damaged or used Products.

The time period within which the refund of this amount will be reflected on your credit/debit card may vary depending on your bank's practices, and MAISON PUJALTE cannot be held responsible in this regard. MAISON PUJALTE will make the refund using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise; in any event, this refund will not incur any fees for you.

The Customer who placed the order is the only one who can exercise this right of withdrawal. In the event of delivery to a different person, this right cannot be exercised by the recipient of the order.

8 – CUSTOMER SERVICE

For any information or questions about the products, our Customer Service is at your disposal from Monday to Friday: 9 a.m. - 6 p.m.

Postal address: SAV – SAS MAISON PUJALTE, 2 Bis Avenue Durante, Centre MBE N220, 06000 Nice.

Email: contact@maisonpujalte.com

9 – INTELLECTUAL PROPERTY

MAISON PUJALTE and/or its subsidiaries remain the sole owner or licensee for the entire world of the rights, including intellectual property rights on all visuals, photos, texts, comments, information, works, illustrations, brands, logos, trade names, graphics, audio and video clips, drawings, images and other content reproduced on the Site. Any total or partial reproduction of the Site or its content, other than for strictly personal use, is prohibited without written permission from MAISON PUJALTE.

The User is only authorized to use the Site and its contents in accordance with the General Conditions. The User may not reproduce, make available to the public, perform, publish or modify any part of the Site and its contents without the prior written consent of MAISON PUJALTE.

Any action going beyond these rights of access and use and in particular any reproduction, making available to third parties, illegal downloading, constitutes an act of counterfeiting. The User undertakes not to use or implement a robot or any other automated means to access the Site and/or the content, and more generally not to attempt to undermine the operation of the Site. The Customer undertakes not to use the Products in a way that infringes the rights of MAISON PUJALTE or third parties.

Except as expressly permitted by law, User shall not, nor permit others to, modify, adapt, translate, reverse engineer, decompile or disassemble the Site or any of its elements or create derivative works.

10 – RESPONSIBILITY

In the event of non-performance or poor performance by the Seller, MAISON PUJALTE will be liable only for direct damages resulting therefrom which may be suffered by the Customer.

MAISON PUJALTE will not be liable for any indirect damages that may arise from any violation of the T&Cs.

MAISON PUJALTE cannot be held responsible for any interruption of transactions carried out via the Site or any failure or negligence which is attributable to the consumer or to the actions of a third party to the General Terms and Conditions or to a case of force majeure.

11 – GUARANTEES

MAISON PUJALTE is liable for defects in conformity of the goods in accordance with Articles L. 217-4 (and following) of the Consumer Code and for hidden defects in the item sold, under the conditions provided for in Articles 1641 (and following) of the Civil Code.

You have a period of two (2) years from delivery of the goods to take action on the basis of the legal guarantee.

In the event of a lack of conformity, you can choose between repair or replacement of the goods, in accordance with Article L. 217-9 of the Consumer Code. MAISON PUJALTE may, however, choose not to proceed according to your choice if this choice entails a cost that is manifestly disproportionate compared to the other option, taking into account the value of the goods or the significance of the defect.

If repair or replacement of the goods is impossible, you can choose between the refund of part of the price or termination of the contract, in accordance with Article L. 217-10 of the Consumer Code.

During the 24 months following delivery of the goods subject to your order, you are exempt from providing proof of the existence of the lack of conformity. This guarantee of conformity does not apply to normal wear and tear of the Products.

You can also exercise the guarantee against hidden defects in the thing sold as provided for by article 1641 of the Civil Code.

In this case, you can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

12 – PERSONAL DATA

The information collected by the Company, during any Order from the Customer, is necessary for the management of his Order by the Company.

By registering, the Customer consents to the collection of said information and acknowledges having been informed of his rights.

The Seller, as data controller, processes the Customer's data relating to the management of contractual relations for the duration necessary for the processing, namely in particular the duration of the Order or services and the duration necessary to establish proof of a right.

In accordance with Law No. 78-17 of January 6, 1978 "Informatique et Liberté" and Regulation No. 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, right to information, the Client has a right of access, modification, rectification, a right to be forgotten, a right to limitation of processing, a right to data portability, a right of opposition, the right not to be subject to a decision based exclusively on automated processing, including profiling, a right to deletion of personal data concerning him and a right to lodge a complaint with the CNIL.

He may exercise his right by e-mail to the address ….

The Seller undertakes to process the Customer's request within one month of receipt of the request.

The Seller reserves the right to install cookies on the computers of visitors to its website.

A cookie does not allow the Company to identify the Customer. Generally, it records information relating to the computer's navigation on the Seller's website (the pages consulted, the date and time of consultation, etc.) which may be read during subsequent visits. In this case, it contains the information that the Customer provides during pre-registration.

The Customer may oppose the recording of “cookies” by configuring his browser.

12 – FORCE MAJEURE

MAISON PUJALTE cannot be held responsible in the event of delay or non-compliance with one of the obligations under the T&Cs, which would be due to a case or situation of force majeure, as defined in article 1218 of the Civil Code and understood by the case law of the Court of Cassation.

13 – PARTIAL NULLITY

The cancellation of one of the provisions of this document would only result in the cancellation of these provisions as a whole, except to the extent that the disputed provision can be considered, in the minds of the Parties, as substantial and decisive, and that its cancellation calls into question the general balance of this document.

In the event of cancellation of one of the provisions of this document, considered as non-substantial, the other provisions will retain their force and scope.

14 – MEDIATOR

In accordance with L.612-1 of the Consumer Code, the Customer has the right to use a consumer mediator free of charge with a view to the amicable resolution of the dispute between them and MAISON PUJALTE.

15 – APPLICABLE LAW AND COMPETENT COURT

These General Terms and Conditions have been drawn up in French, which will be considered, in all cases, as the sole language of the parties.

In the event of a dispute arising from these General Terms and Conditions and the use of the Site, the provisions of these General Terms and Conditions shall apply in priority over any other contractual document, and in the absence of any provision of public policy, French law shall apply. Any dispute arising from or in connection with these General Terms and Conditions and the use of the Site shall be submitted to the competent French courts.