GENERAL CONDITIONS OF SALE
ARTICLE 1 – Scope of application
The present General Terms and Conditions of Sale apply, without restriction or reserve, to all the sales carried out via the MAX AND LEA (“the Seller”) website, by any consumer and non-professional buyers (“the Customers or the Customer”), wishing to purchase the products offered for sale by the seller (“the Products”) on the www.maxandlea.com website.
They specify the conditions of order, payment, delivery and handling of any returns of products ordered by any customer.
These General Terms and Conditions of Sale may be complemented by special conditions, exhibited on the website, prior to any transaction with the customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to the sales in store or to other means of distribution and marketing.
They are accessible at any moment on the www.maxandlea.com website and shall prevail, when applicable, over any other version or any other contradictory document.
These General Terms and Conditions of Sale may be modified subsequently, the version applicable to the customer’s purchase is the one in force on the website on the date the order is placed.
ARTICLE 2 – Products offered for sale
The products exhibited for sale on the website are present on the www.maxandlea.com website.
The main characteristics of the products and in particular the specifications, illustrations and dimensions or capacity of the products are indicated on the www.maxandlea.com website.
The customer is required to read these characteristics carefully before placing an order.
The choice and purchase of a product is the sole responsibility of the Customer.
The photographs and images exhibited on the www.maxandlea.com website are not contractual and do not engage the Seller’s liability.
The customer is required to refer to the description of each Product in order to know its characteristics, essential particularities and delivery times. In case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and it has to be confirmed at the latest at the moment the Customer validates the order.
In the event of an order to be delivered outside of metropolitan France, the customer will be the importer of the Product(s) concerned.
For all products shipped outside the European Union and French overseas departments and territories, the price will be calculated net and excluding taxes automatically on the invoice.
Customs duties, other local taxes, import duties or state taxes may be payable and they will be to the charge and the sole responsibility of the customer.
ARTICLE 3 – Period of validity of the Product offered
The products offered are subject to availability of stock, as specified when the order is placed.
ARTICLE 4 – Seller’s contact details
The seller’s contact details are as follows:
MAX AND LEA
Simplified joint stock company with a share capital of € 20,000
Head Office : 11 Rue de Lourmel – 75015 PARIS – FRANCE
RCS of PARIS: 884 297 243
In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the RGPD (general regulations on data protection) which entered into force on 25 May 2018, the customer has, the right to access, rectify, oppose, delete or transfer all his personal data at any time, by sending an email where he specifies his identity, to the address of the Seller, mentioned above.
The validation of the order by the customer implies the full acceptance without exception or reservation of these General Terms and Conditions of Sale.
The customer acknowledges having the required capacity to acquire and buy the products offered on the www.maxandlea.com website.
ARTICLE 5 – Orders
5-1 . Placing an order
It is up to the customer to select the products that he wants to order on the www.maxandlea.com website, according to the following terms and conditions, he can choose between two payment options:
– Paying by Paypal: the customer selects the products he wishes to order in the “cart” where he can modify it if he needs to (quantities, references…), he should verify the delivery address or fill in a new one. The shipping cost will then be calculated and submitted to the buyer. Then, the customer will choose the method of payment of his choice: “Payment by Paypal”. The customer will then be remitted to the www.paypal.com website to fill in his payment information or connect to his Paypal account and complete the transaction. It is assumed that the customer has previously read these terms and conditions of sale and accepts them without reserve. He will then have to click on “confirm my order” on the Paypal page and will be redirected to a confirmation page. This last confirmation means the definitive acceptance of the contract. Once validated, the customer will receive a confirmation email, confirming the registration of his order. As soon as the payment is received, the order will be processed and the customer will be informed by email. The company ” MAX AND LEA ” will dispatch the products within 2 working days after reception of the payment corresponding to the order, subject to availability.
– Secure payment by credit card: the buyer selects the products that he wishes to order and puts them in his “cart”, he then makes any necessary modification (quantities, references…), verifies the delivery address or enters a new one. Then, the shipping costs will be calculated and submitted to the buyer. He will be invited to verify all the information, (it is assumed that the customer has read these terms and conditions of sale and accepts them without reserve). He will then be able to proceed to confirm his order by clicking on the button “Confirm my order”. Payments by credit card are made through STRIPE. As soon as the Customer’s payment is validated by our bank, the payment is irrevocable. In case of fraudulent use of the card, the buyer can demand the cancellation of the payment by card, the sums paid will then be returned or refunded to the credit card. The responsibility of the credit card’s holder will not be engaged if the disputed payment is proven to have been made fraudulently, remotely, without physical use of the credit card. In order to obtain a reimbursement of the fraudulent transaction and of any eventual bank charges that the transaction may have generated, the cardholder must send a written objection to his bank within 70 days of the transaction, or 120 days if the contract binding him to the bank allows it. The amounts debited will be reimbursed by the bank within a maximum delay of one month after the reception of the written objection sent by the cardholder. The card holder may not be charged for any costs incurred in the restitution of the sum.
The customer has the possibility to verify the details of his order, its total price and to correct any eventful mistakes before confirming his acceptance. It is the customer’s responsibility to verify the accuracy of the order and to report or correct immediately any errors.
When he validates the order, the customer is supposed to have read and accepted the present general terms of sale.
The sale is definitive only once the customer has received an email confirming the acceptance of the order from the seller, which has to be sent without delay and after the seller has received the total price.
Any orders placed, validated by the customer and confirmed by the seller, under the conditions and modalities described here, on the www.maxandlea.com website, represents the formation of a contract concluded remotely between the customer and the seller.
Unless proven otherwise, the data saved in the seller’s computer system is the proof of any transaction concluded with the customer.
The seller reserves himself the right to cancel or refuse any order from a customer with whom there was a previous problem over the payment of a previous order.
The customer will be able to follow the progress of his order on the www.maxandlea.com website.
5-2 . Order Modification
Once confirmed and accepted by the seller, under the conditions described above, the order cannot be modified.
5-3 . Order Cancellation
Once confirmed and accepted by the seller, under the conditions described above, the order cannot be cancelled, except in the case of exercise of the right of withdrawal or force majeure.
ARTICLE 6 – Prices
The products are offered at the prices featured on the www.maxandlea.com website, at the time the order is placed by the Seller. The prices are expressed in Euros including all taxes.
These prices take into account any reductions that may be granted by the seller on the www.maxandlea.com website .
These prices are fixed and non-revisable during their period of validity, as indicated on the www.maxandlea.com website. The seller reserves itself the right, to modify the prices at any time, outside their period of validity. They do not include shipping, handling, transport and delivery costs, which are charged apart, under the conditions indicated on www.maxandlea.com website and calculated before the order is placed.
If the customer requests a faster or more expensive shipping method than the standard shipping method, the additional shipping costs, as it will be presented at the time of the validation of the order by the customer, will be completely at his charge.
The payment requested from the customer corresponds to the total amount of the purchase, including these costs.
An invoice could then be provided by the seller and given to the customer upon request after delivery.
ARTICLE 7 – Terms of payment
The price is to be paid immediately, in full on the day the order is placed by the customer through a secure payment method, according to the following terms and conditions:
● By credit card: Credit Card, Visa, MasterCard, American Express, other credit cards.
● By PayPal.
The payment by credit card is irreversible, except in case of fraudulent use of the card. In this case, the customer may request the cancellation of the payment and the return of the corresponding amount that was charged to his credit card.
The payment data is exchanged in encrypted mode thanks to the SSL protocol.
In addition, the seller reserves himself the right, in the case of non-compliance to the payment conditions mentioned above, to suspend or cancel the delivery of the current order made by the customer.
No additional costs, higher than the costs fixed by the seller for the use of a means of payment may be charged to the customer.
ARTICLE 8 – Delivery
Deliveries are made to the address indicated on the order form, which can only be within the geographical area specified. Orders are delivered by La Poste or any other service provider, the delivery service is tracked and handed over without signature. Shipping delays are given for information purposes only; if they exceed thirty days from the order, the contract of sale may be terminated and the customer reimbursed. The product will be delivered to the customer’s home by the postman. In case of absence of the customer, he will receive a delivery notice from the postman, which will allow him to recuperate the products ordered at the nearest post office, relay point, within the period indicated by the postal services. The risks related to transport are the responsibility of the customer from the moment the items leave the premises of the company “MAX AND LEA”. The customer is required to verify, in the presence of the postal service employee or of the delivery person, the state of the packaging of the goods and of the contents upon delivery. In case of damage during transport, all complaints must be directed to the carrier within three days of delivery.
The delivery consists of the transfer to the customer of the possession or control of the product.
The products ordered will be delivered at once in a single delivery, except in particular cases or in case of unavailability of one or more products.
The seller engages to do all he can to deliver the products ordered by the customer within the above mentioned deadlines. However, these deadlines are given for information purposes only. If the products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than a major impediment or due to the customer’s fault, the sale may be cancelled at the customer’s written request under the conditions specified in the articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the customer will then be returned to him at the latest within fourteen days from the date of termination of the contract, except for any compensation or deduction.
In case of non-conformity of the delivered product, the seller – engages to find a solution or to reimburse the customer, upon reception of the delivered product, whose shipping costs will be reimbursed by the seller within the limit of 5 euros, as indicated in the article – “Seller’s Responsibilities – Warranty”.
The seller takes responsibility for the transport risks and should reimburse the customer in the event of any damage caused during transport. The damaged product must be returned to the seller within 48 hours after the complaint was made, which must itself be made within 3 days from the delivery date.
ARTICLE 9 – Transfer of ownership – Transfer of risks
The transfer of ownership of the seller’s products will be done upon acceptance of the order by the seller, featuring the parties’ agreement on the item and the price, regardless of the payment or delivery date.
ARTICLE 10 – Right of Withdrawal
According to the legal provisions in force, the customer has a period of fourteen days from the reception of the product to exercise his right of withdrawal from the seller, without having to justify his reasons or pay any penalty, or ask for an exchange or reimbursement. Provided that the products are returned in their original package and in perfect condition within fourteen days (14 days at the most following the notification of the withdrawal decision) following the announcement of the customer’s decision to withdraw to the seller.
The product must be returned in its original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back for sale, accompanied by the purchase invoice.
Damaged, dirty or incomplete products can not be accepted.
The right of withdrawal may be exercised by sending an email to the following email address email@example.com, (or any other statement, free of ambiguity, expressing his willingness to withdraw). In such cases an acknowledgement of receipt on a durable medium will be immediately sent to the customer by the seller.
If the customer exercises the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the delivery costs will be refunded; the cost of the return will be the customer’s responsibility.
The reimbursement will be made within 14 days from the date the seller is notified of the decision to withdraw.
ARTICLE 11 – Seller’s Liability – Guarantee
The products for sale on the www.maxandlea.com website comply with the regulations in force in Europe and are for non-professional use.
The products provided by the seller benefit from:
– The legal guarantee of conformity, for products that are defective, broken or damaged or that do not correspond to the order.
– The legal guarantee on latent defects resulting from a defect of the material, design or manufacture of the products delivered, making them unfit for use,
Without any additional payment, independently from the right of withdrawal, in accordance with the legal provisions.
Under the conditions and according to the terms listed below and defined in the General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of latent Defects).
It is recalled that under the legal guarantee of conformity, the customer has a delay of 2 years from the date of the delivery of the product to take action against the seller. He may choose between the reparation or the replacement of the product ordered, subject to the cost conditions stated in the article L 217-9 of the French Consumer Code. Exempt from providing a proof of the existence of the Product’s lack of conformity within the twenty four months following the delivery of the product.
The legal guarantee of conformity applies independently from any commercial guarantee that may cover the product. The customer may decide to implement the guarantee on latent defects as stated in the article 1641 of the Civil Code. In that case, he may choose between terminating the sale or a reduction of the sale price as stated in the article 1644 of the Civil Code.
In order to exercise his rights, the customer must inform the seller, in writing form, about the non-conformity of the products within a maximum period of 7 days from the delivery of the products or from the discovery of the defects within the above-mentioned period. He must return or bring back to the store the defective products in the state in which they were received with all its elements (accessories, packaging, instructions, etc.).
The seller will then reimburse, replace or repair the products or parts that are non-compliant or defective under guarantee.
Shipping costs will be reimbursed, based on the invoiced price and the cost of return will be reimbursed upon presentation of supporting documents.
The reimbursement for products that are non-compliant or defective will be made in the shortest delay possible and no later than 15 days following the seller’s acknowledgement of the lack of conformity or latent defect.
The reimbursement will be made by crediting the amount paid to the customer’s bank account, by SEPA transfer or by PayPal.
The seller is not be liable in the following cases:
– Failure to comply with the legislation of the country to which the products are delivered, which corresponds to the customer to verify,
– In the event of misuse, use for professional purposes, negligence or lack of maintenance by the customer, as well as in the case of normal wear and tear of the product, accidents or force majeure.
The seller’s warranty is, in any case, limited to the replacement or reimbursement of non-conforming or defective products.
ARTICLE 12 – Protection of personal data
In application of the law 78-17 of January 6, 1978 modified by the law n°2018-493 of June 20, 2018, it is recalled that the personal data requested to the customer is necessary for the processing of his order and the creation of invoices, especifically.
This data may be communicated to any partner of the seller in charge of the execution, processing, management and payment of orders.
The processing of information communicated via the website www.maxandlea.com meets the legal requirements in terms of protection of personal data, the system used guarantees optimal protection of such data.
The customer has, according to the national and European regulations in force, the permanent right to access, modify, rectify, oppose to portability and limit the processing of the information concerning him/her.
This right may be exercised under the conditions and according to the procedures defined on the www.maxandlea.com website.
ARTICLE 13 – Intellectual Property
The content of the www.maxandlea.com website is the property of the seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of its content is strictly prohibited and is likely to constitute an offence of counterfeiting.
ARTICLE 14 – Unforeseen circumstances
In case of a change of circumstances due to unforeseen events during the conclusion of the contract, as stated in Article 1195 of the Civil Code. The party that did not agree to assume a risk that implies an additional cost, may request a renegotiation of the contract to his counterparty.
ARTICLE 15 – Force majeure
The parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, is the consequence of a force majeure, as stated in the Article 1218 of the Civil Code.
ARTICLE 16 – Governing law – Language
These General Terms and Conditions of Sale and the transactions detailed are governed by the French law.
They are originally written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
ARTICLE 17 – Disputes
Any disputes concerning the validity, interpretation, execution, termination, consequences of these general terms and conditions of sale, which may result from any purchase or sale carried out in application of said terms, that can not be resolved amicably between the seller and the customer will be subject to the jurisdiction of the Courts of the court of Appeal of Paris.
The customer is informed that he may in any event resort to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with any sector-based mediation bodies, whose references can be found on the www.maxandlea.com website, or any other alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The customer, who realizes that the general regulations on the protection of personal data has been infringed, may assign an association or an organism as mentioned in IV of article 43 ter of the French Data Protection Act of 1978. In order to obtain compensation from the person responsible or sub contractor responsible for processing the data, through a civil or administrative court or before the National Commission for Data Protection and Liberties.
ARTICLE 18 – Pre-contractual information – Customer acceptance
The fact that an individual (or legal entity) places an order on the www.maxandlea.com websites implies full adherence and acceptance of these General Terms and Conditions of Sale and his obligation to pay for the products ordered, which is expressly acknowledged by the customer, who renounces, in particular, to recourse to any contradictory document that would be unenforceable against the seller.884 297 243