1 - Preamble

The present General Terms and Conditions of Sale are concluded between ·

on the one hand, the company LEA MALEH SAS, holder of the domain name maisonmaleh.com, SAS with a capital of 1,000 euros registered in the Paris Trade and Companies Register under the number 810 344 051 - NAF 7410Z - SIRET 810 344 051 00026 - Intracommunity VAT Identification FR 26 810 344 051, whose registered office is located in France, at 10 rue de Penthièvre, 75008 Paris, publisher of the website www.maisonmaleh.com, and hereinafter referred to as "Maison Maleh”

on the other hand, any natural or legal person visiting, making a purchase on the Site www.maisonmaleh.com, and hereinafter referred to as "the Customer"

 

2 - Definitions

The following definitions shall apply in these general terms and conditions of sale with the meanings set out below (whether used in the singular or plural). 

"General Conditions of Sale": refers to the present document, that is to say, the terms and conditions applying in the relations between Maison Maleh and the Customer.

"Order": refers to the Customer's purchase order relating to one or more Product(s) placed through the use of the Website.

"Site": means the Internet website accessible at the address www.maisonmaleh.com published by Maison Maleh

"Product": means a product offered for sale on the Website 

"Customer": means a natural or legal person, consumer and/or professional, who uses the Website and acquires one or more Product(s), for his or her personal needs, through the Website by having previously adhered to the General Terms and Conditions of Sale.

"Recipient" means the natural person designated by the customer to receive the order.

 

3 - Order taking

Any order form signed by the customer by an "approval click" shall constitute an irrevocable commitment which can only be challenged in the cases restrictively listed in this Agreement in Section 15 "Return policy".

 

4 - Order confirmation

The contract shall only be effective upon Maison Maleh order confirmation.

The customer will receive an acknowledgement of receipt by email confirming the order, including all elements (such as the list of ordered products, price, date of delivery, shipping costs…)

Maison Maleh has the right not to confirm the order for any reason whatsoever, in particular, for any problem of product procurement or any problem concerning the received order.

 

5 - Term of the offer

The offers proposed on the Site shall be valid as long as the products related thereto are online and while stocks last.

 

6 - Price - Invoice

Prices are indicated in Euros. The amounts indicated in Pounds, US dollars or in any other currency are only indicative. The exact amount will be calculated in accordance with the current rate of the concerned currency at the time of payment.

The purchaser is guaranteed the price posted on the Site at the time of purchase.

The price fixed at the time of purchase is firm and does not include the shipping costs, which are extra (when charged). Said costs will be indicated in the confirmation of the order.

For delivery inside the EU, the prices include the VAT applicable at the date of the order. Prices are inclusive of VAT. Neither customs duties nor VAT shall be due for delivery inside the EU. Any variation of the VAT applicable rate may affect the sale price of the products of the catalogue.

In the event of delivery outside the EU, the customer will have to pay customs duties or VAT or any other taxes due to the import of products in the country of delivery. The customer is also solely responsible for the formalities related thereto unless otherwise specified. The customer is solely responsible for checking whether the products ordered can be imported under domestic law in the country of delivery.

The invoice will be issued by Maison Maleh. The customer shall indicate the address to which the invoice is to be sent.

The price is payable upon placement of the order. The customer undertakes to pay the total price of the products (the price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent. The customer shall pay for his order by credit card as proposed on the Site. When approving the order form, the customer warrants Maison Maleh that he has all authority needed to use such a method of payment by credit card.

 

7 - Payment

The price is payable upon placement of the order.

The customer undertakes to pay the total price of the products (the price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent.

The customer shall pay for his order by credit card as proposed on the Site.

When approving the order form, the customer warrants Maison Maleh that they have all authority needed to use such a method of payment by credit card.

 

8 - Non-payment - Retention of title

Title to the ordered products shall pass to Maison Maleh upon full and definitive payment pursuant to the Act dated May 12, 1980. Maison Maleh reserves the right to claim the return of the ordered products in case of non-payment.

Under those circumstances, and upon Maison Maleh's request, the customer shall return any product for which the payment has not occurred. The customer shall pay for any costs in connection therewith.

 

9 - Transfer of risks

Risks of loss shall pass to the customer upon delivery of the product to the carrier by Maison Maleh. Products’ transportation is at the customer's own risk, even if they are shipped or returned carriage free.

During the withdrawal period mentioned hereunder in Section 16, the customer, as custodian, shall be liable for the product. If the product is damaged or destroyed during the customer's custody, this latter will bear all the consequences thereof.

 

10 - Fulfilment of the order

The order will be fulfilled within the period indicated on the Site and confirmed by Maison Maleh at the time of the confirmation of the order. In any case, the order will be fulfilled within 30 days following the confirmation of the order at the latest, subject to the limit of available stock and unless otherwise agreed.

If the product ordered is not available or is out of stock, Maison Maleh will inform the customer as soon as possible and indicate a replenishment time.

The customer may, at its option, wait for the availability of the product or obtain a refund and shall inform Maison Maleh by email.

 

11 - Delivery

The area of delivery corresponds to the geographical area covered by the offer.

Products are delivered to the address indicated by the customer in the order form.

Delivery shall be deemed to have been made when the products are delivered to the carrier.

The delivery note given by the carrier, dated and signed by the customer upon delivery will constitute evidence with regard to transport and delivery.

The customer shall check the content, the conformity and the condition of the product(s) on delivery thereof.

In the event of delays, damages, total or partial losses, or any problem whatsoever, the customer shall be responsible for exercising all claims against the carrier. Maison Maleh shall never be held liable for any reason whatsoever.

Therefore, Maison Maleh advises the customer to check the condition of the products upon delivery and before signing the acknowledgement of receipt of the parcel.

If the customer notes any damage, he shall reject the products or issue handwritten, precise and dated reservations. These reservations must be confirmed by a registered letter with a recorded receipt sent to the carrier within three (3) working days following the delivery date of the products. A copy should be sent to Maison Maleh.

If you have not received your parcel, the carrier might require a copy of your ID and a signed statement.

 

12 - Force majeure

It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the case law in France:

Total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially Internet.

Should a case of force majeure occur, the fulfilment of the order will in a first step be suspended.

If after a three (3) month period, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.

 

13 - Collection of the goods in the event of the customer's absence

In the event of the customer's absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address given by the customer. The products shall be collected at the address indicated by the carrier and according to the carrier's instructions.

If after the period indicated by the carrier, the customer has not collected the products, the products will be returned to Maison Maleh which reserves the right to refund the customer the price of the products, the postage costs remaining payable by the customer.

 

14 - Claims

Claims related to the non-conformity of the delivered product(s) with the order shall be made in writing directly to Maison Maleh and immediately upon receipt of said product(s). The customer must keep the packaging and the delivery note.

In case of an error, the customers undertake to return said product within seven (7) days from its receipt provided that the product is returned to Maison Maleh, without opening the packaging, in its original condition and packaging, together with all the associated documents.

Once Maison Maleh has received the product in due form, it will, at its expenses, send the product initially ordered by the customer.

 

15 - Return policy

15.1 - 14-day money-back guarantee

It is very important to us that you are completely satisfied with your purchase. If you need to return or exchange an item, we will gladly accept unused and undamaged products in their original packaging, for a full refund or exchange within 14 days of the invoice date.

The goods should be returned to the following address:

Maison Maleh

16 rue Saint-Sauveur

75002 Paris

France

You can organise the return yourself at your own expense to the address above. Please dispatch all goods by traceable post, including the reason for exchange or refund. Maison Maleh will not be responsible for any returned goods lost in transit.

15.2 - Return of damaged / faulty products

We remind you that if you receive a product damaged in transit and if you have recorded this damage on the delivery sheet - all return charges will be at Maison Maleh's expense. If you receive a faulty product, return charges will be borne by Maison Maleh as well.

In both cases, if the product can be returned to the address above, Maison Maleh will refund you the return charges on presentation of a receipt (normal postal services).

 

16 - Warranty

In order to avoid any trouble, products are verified by Maison Maleh before their shipment. However, the customer shall be entitled, for all defective products, to a three (3) months contractual warranty as from the date of delivery, subject to compliance with the recommendations set forth in the user documentation and the directions for use enclosed with the products.

In any case, the statutory warranty against hidden defects provided for under the French Civil Code (Section 1641 et seq.) shall be enforceable.

The customer is entitled to an extended warranty for certain products. In that case, conditions and terms of the warranty are defined in the warranty certificate delivered with the product. The said warranty does not cover damages or dysfunctions due to non-compliance with directions for use of the product.

To implement the warranty, the customer shall return the product at their expenses to Maison Maleh, with the original invoice.

Maison Maleh undertakes to return an identical product at its expenses, except in case of stock out or withdrawal of the concerned product from the range proposed by Maison Maleh. In this latter case, Maison Maleh will refund the customer.

 

17 - Personal information

The confidentiality of your personal information is very important to us because, in order to have full confidence in us, we must be transparent regarding our use of your data.

We comply with the French Data Protection Act of 6 January 1978 as amended and the direct application of the General Data Protection Regulation of the European Union, which came into force on 24 May 2018 and has been applicable since 25 May 2018.

17.1 - Details of the Processing Manager

The Processing Manager of this website is Léa Maleh SAS, located at 10 rue de Penthièvre, 75008 Paris, France, listed with the Register of Companies of Paris under the number 810 344 051, and whose chairman is Mrs Léa Maleh

17.2 - Contacting the Personal Data Protection Service

You may access and edit your personal data at any time in the "Account" section of the Maison Maleh website.

For any specific request concerning your personal data, you can contact us at your convenience by:

• Email: contact@maisonmaleh.com
• Letter to the following address:

Léa Maleh SAS

10 rue de Penthièvre

75008

Paris

France

Don't forget to attach some proof of identity to your requests to exercise your statutory rights (access, correction, oversight, etc.)

17.3 - Personal data collected legitimately or legally within the context of the service offered by Maison Maleh

The "service offered" by Maison Maleh consists of a commercial website ("e-commerce") dedicated to the sale of handcrafted tableware and home accessories.

As soon as you open a customer account at Maison Maleh, we will legitimately collect the following mandatory information for the purpose of delivering the service offered

• Title (Mr, Mrs)
• Last name
• First name
• Full Address (including postcode, town/city and country)
• Phone number (only for tracking deliveries)
• Your email (to identify you and track orders and deliveries)
• The password you have chosen to access the service

We will store this data until you decide to close your customer account.

However, should you wish to delete your account once you have placed an order with Maison Maleh, we are still required to keep your information for a period that can vary from 2 to 10 years depending on the amount of the invoice or the associated guarantees (Articles L-213-1, L-218-2 of the French Consumer Code and L-110-4 of the French Commercial Code).

Moreover, in order to deliver the service offered, Maison Maleh website has the legitimate need to place mandatory records on your browser without prior consent, for the following elements to function:

• the order basket (expiry: 180 days)
• the wish list (expiry: 180 days)
• the session identifier (expiry: 4 hours)
• security of the purchase tunnel (expiry: 4 hours)

In accordance with applicable law, we would like to remind you, in advance, that you can withdraw your consent at any time.

Within the context of Maison Maleh's newsletter, we obtain your free, informed, unambiguous and specific consent to store your email address.

This email is stored for the sole purpose of sending Maison Maleh’s newsletter.

You can, at any time, unsubscribe from the Maison Maleh’s newsletter using the relevant link at the bottom of the newsletter, or in your customer account if applicable.

17.4.2 - Quality of service surveys

Within the context of monitoring the quality of service of your purchases, we conduct surveys to assess your level of satisfaction. We use Typeform for this purpose (data stored in the European Union).

You do not have to respond to this survey. If, however, you wish to answer it, please bear in mind that the information regarding your experience is likely to be posted on our website. We would therefore urge you to read the specific legal notices before your answer.

Within the context of Maison Maleh, we obtain your free, informed, unambiguous and specific consent to store your email address. This email is stored for the sole purpose of contacting you. The retention period of this email will depend on the needs of the relationship. Once there is no more need to maintain relations, we are committed to removing it from our contact form databases.

The cookie management banner in the bottom of your browser screen gives you guidance on how to manage your non-mandatory cookie preferences.

The current regulations allow you to benefit from the following rights:

• Right to access: to find out if we are processing data about you, and if this is the case, to access your data
• Right of correction: to keep your data up-to-date
• Right to be forgotten: to delete your data at your request, as long as we no longer have legitimate or legal reasons for holding it
• Right to restrict processing: to suspend processing, in the case of a dispute regarding the use of the data
• Right to portability: to give you the option to recover your data in a structured way, for re-use elsewhere
• Right of opposition: to block processing in the event of doubts regarding its legitimacy (contractual, legal, etc.), as long as this legitimacy has not been demonstrated

Most of these rights can be exercised within the "Account" area on the Maison Maleh website.

For specific requests regarding these rights, you must contact the Maison Maleh Data Protection Service, whose contact details are shown in section 17 hereof.

If the answers provided by the Maison Maleh Data Protection Service do not satisfy you, you can file a complaint with your Supervisory Authority (or Data Protection Authorities).

If you live in the European Union, you can contact your own Control Authority, whose contact details you will find with the following link:

http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

If you live in Switzerland, you can contact the Federal Data Protection and Information Commissioner (FDPIC): 

https://www.edoeb.admin.ch/edoeb/fr/home.html

18 - Electronic signature

The "approval click" constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature.

 

19 - Evidence

Computer-based registers, recorded in the computer system of Maison Maleh in reasonable conditions of security shall be deemed to be evidence of communications, orders and payments that have occurred between the parties. Order forms and invoices are stored on a reliable and permanent medium so as to constitute a means of evidence.