Terms of Sales
E-commerce website www.maisonpaolina.com
Title 1 – Parties to this deed
Maison Paolina publishes the website www.maisonpaolina.com
Between the undersigned :
1° The company, represented by Maison Paolina Hereinafter referred to as the “Seller”
Firstly,
And
2° The natural person, hereinafter referred to as the “User”, defined in Article 1. – Definitions.
On the other hand,
It was explained and agreed as follows:
Title 2 - Presentation
The seller's activity is the sale of the following products: women's clothing, shoes, jewelry and accessories... These conditions only concern users who are non-commercial individuals, and in the following territory: France.
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the site.
Title 3 - Agreements
Article 1. – Definitions
1.1 – User means any user who browses, takes note of, reserves, orders and/or buys a product or service offered on the site www.maisonpaolina.com
1.2 – Product refers to any product offered on the site www.maisonpaolina.com
1.3 - Service means any service offered on the site www.maisonpaolina.com
1.4 – The site www.maisonpaolina.com designates the infrastructure developed by the seller according to the computer formats usable on the Internet including data of different kinds, and in particular texts, sounds, fixed or animated images, videos, databases , intended to be consulted by the User to find out about its products and services.
1.5 - Internet refers to different networks of servers located in various places around the world, linked together using communication networks and communicating using a specific protocol under the name of TCP/IP.
Article 2. – Order
The user has the possibility to place his order online from the online catalog on this online store. The order can only be registered on the site if the user has clearly identified himself by entering his personal information before paying for his order. Any order implies acceptance of the prices and description of the products available for sale. Any dispute on the point will take place within the framework of a possible exchange and the guarantees mentioned below. The seller undertakes to honor orders received via the www.maisonpaolina.com site only within the limits of available product stocks. If the product is not available, the seller undertakes to inform the user.
Article 3. – Validity of the order
Any user of the site who does not have a customer number must follow a registration procedure allowing him to obtain his customer number. This number is personal. Any loss or omission must be denounced as soon as possible by contacting the customer service of the said site.
In all cases, the online provision of the credit card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth payment of the sums committed by the order. This validation is worth signature and express acceptance of all the operations carried out on the site www.maisonpaolina.com
However, in case of fraudulent use of his bank card, the customer is invited, as soon as this use is observed, to contact the seller's customer service via the contact section.
The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties. It is expressly agreed that, except for manifest error on the part of the seller, the data stored in the seller's computer system have probative value as to the orders placed by the user. Data on computer or electronic media constitute valid evidence and as such are admissible under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing. The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.
Article 4 – Delivery
The user has the choice of having it delivered, either at home or at another address. The seller undertakes to deliver the items ordered as soon as possible. The average time observed for available items is 4 days for delivery in mainland France.
For the follow-up of the order in progress, the user can consult the follow-up of the order on line. A tracking number will be provided by the seller via email when the order is sent.
Article 5 – Services
The seller offers users additional services free of charge and against payment.
The free services are:
- The user can ask any question and solve any problem concerning his relations with the seller via the email address contact@maisonpaolina.com.
The paid services are as follows:
- Home deliveries are made regardless of the place, in particular the floor, subject to the option for the deliverers to have the passage necessary for the delivery of the goods ordered.
Article 6 – Terms of payment
6.1 Payment
Prices are quoted in euros all taxes included. These prices include VAT. These prices are exclusive of shipping costs, according to the amount in force. Prices cannot be changed once the order has been placed. Similarly, if one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the items present on the seller's site and the sales documents. The prices of the items ordered on the site and the date of the order are authentic.
The user has the choice to pay for his purchases:
- Online when ordering by credit card (Carte Bleue, Mastercard, Visa, American Express), through our payment partner Stripe.
- With PayPal
- With Apple Pay
6.2 Refund
Purchases made on the www.maisonpaolina.com website can be refunded if the items are returned in their original condition and within 14 days of receipt of your package. In this case the refund will be made on the same method of payment as the one used to place your order. If part of your payment was made with a credit note or a gift card, this will be re-credited.
For purchases on the website there is no possibility of making an exchange or a credit note. If you wish to make an exchange, you must place an order with the item you are interested in and return the item to be reimbursed.
Article 7 – Warranties
All items can be refunded except those marked otherwise. The request for reimbursement by the customer must be made within 14 days from the date of receipt, including standard delivery costs, except for special conditions mentioned on the order form. In all cases, any request for exchange or refund must be made directly on the site via the contact form or at contact@maisonpaolina.com.
All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided for by articles 1641 and following of the Civil Code. The duration of the contractual guarantee is indicated on the site when the article is presented. For defective items delivered, the user benefits from a guarantee allowing him to return them in accordance with articles L.211-4 and following of the consumer code. The right of withdrawal is only applicable for products that are complete, intact, unworn, unwashed, in their original packaging and accompanied by their accessories, instructions and documentation. Any request for reimbursement will generate transport costs which are borne free of charge by the seller within the limit of one return shipment per order delivered.
Article 8 – Confidentiality
The seller implements all means to ensure the confidentiality and security of data transmitted on the web. As such, the www.maisonpaolina.com site uses the Stripe and Paypal bank payment service.
Article 9 – Personal data
The seller reserves the right to collect user data, in particular through the use of cookies. The seller may, for commercial reasons, transmit to a commercial partner the identity and contact details of users of the services. The user may expressly object to the disclosure of his details when ordering. To do this, he just has to report it via the contact form or at this address contact@maisonpaolina.com. The user is informed that this automated processing of information was the subject of a declaration to the CNIL on May 9, 2009. In accordance with the law of January 6, 1978 as amended, the user has a right access, opposition, and rectification of data concerning him, by email by writing to contact@maisonpaolina.com.
Article 10 – Liability
The seller has for all the stages of order taking as well as for the stages after the conclusion of the contract (transportation of the products, for example) an obligation of means (or: of result) The seller undertakes to describe with the most great accuracy of the products sold on the site www.maisonpaolina.com. In all cases, the seller's liability cannot be engaged in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable event of a third party to the contract or to a case of force majeure as defined by case law. French. Similarly, the seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of a computer virus.
Article 11 – Force majeure
The responsibility of one or other of the parties cannot be sought if the execution of the contract is delayed or prevented due to a case of force majeure or a fortuitous event, due to the other party or from a third party or from external causes such as social conflicts, interventions by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.
Article 12 – Intellectual Property
All elements of the seller's site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of the seller. The user who has a personal website and who wishes to place, for personal use, on his site a link directly to the seller's website, must request prior written authorization from the seller. In all cases, any unauthorized link must be removed at the seller's request.
Article 13 – Duration
These conditions apply for the entire duration of the online services offered by the seller.
Article 14 – General provisions
14.1 Entire Agreement
The parties acknowledge that this contract constitutes the entire agreement between them and supersedes any offer, provision or prior agreements, written or verbal.
14.2 Modification of the contract
No subsequent document, no modification of the contract, whatever its form, will produce any effect between the parties without taking the form of an addendum duly dated and signed by them.
14.3 Nullity
If one or any of the stipulations of this contract proves to be null with regard to a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without however resulting in the nullity of the contract or affect the validity of its other provisions.
14.4 Waiver
The fact that one or other of the parties does not claim the application of any clause of the contract or acquiesces in its non-performance, whether permanently or temporarily, cannot be interpreted as a waiver by this party of the rights arising for it from the said clause.
14.5 Domiciliation
The parties elect at the addresses indicated on the order form for the user and at the address appearing on the site for the seller.
14.6 Applicable law and differences
These conditions are subject to French law. The competent court in the event of a dispute will be the Court of Marseille.