Preamble
These general terms and conditions of sale apply to all sales concluded on the Maison Deysa website. The website www.maisondeysa.fr is a service for: sale of designer products, decorations and fashion accessories.
The individual company Maison Deysa located
5 rue George Sand, 29400 Landivisiau, France
Website URL: www.maisondeysa.fr
e-mail: contact.maisondeysa@gmail.com
phone number: +33 (0)666861129
The customer declares to have read and accepted the general conditions of sale prior to placing his order. Validation of the order therefore constitutes acceptance of the general conditions of sale.
These conditions of sale are concluded on the one hand by the individual company Maison Deysa, whose head office is located in Landivisiau, registered under the Siret number 92755828800019 and Siren number 927558288, hereinafter referred to as “EI. Ysaline Menou” under the trade name of “Maison Deysa” and managing the website www.maisondeysa.fr and, on the other hand, by any natural or legal person wishing to make a purchase via the website www.maisondeysa.fr, hereinafter referred to as “the buyer”.
Article 1. Purpose
These terms and conditions of sale aim to define the contractual relations between Maison Deysa and the buyer and the conditions applicable to any purchase made through the website www.maisondeysa.fr. The acquisition of a product through this site implies unconditional acceptance by the buyer of these terms and conditions of sale, which the buyer acknowledges having read prior to placing his order. These general terms and conditions express the entirety of the parties' obligations. In this sense, the buyer is deemed to accept them without reservation. These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible on the Maison Deysa website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are posted online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France. The individual company Maison Deysa reserves the right to modify these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. As a result, the applicable conditions will be those in force on the date of the order by the buyer.
Article 2. Products
The products offered are those that appear on the website www.maisondeysa.fr of the company Maison Deysa, within the limit of available stocks. The company Maison Deysa reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description including its main technical characteristics (use, composition, size). The photographs are as faithful as possible but do not bind the Seller in any way. The sale of the products presented on the Maison Deysa website is intended for all buyers residing in the countries mentioned in the delivery terms (France). For any delivery to the French overseas departments and territories or abroad, please send a message to the following email address: contact.maisondeysa@gmail.com.
These purchases concern the following products: Decorations, fashion accessories and gift card
Article 3. Rates
The prices listed on the product sheets of the online catalog are prices in Euros (€) including all taxes (TTC). Being a micro-enterprise, Maison Deysa is exempt from VAT provided that it does not exceed a certain turnover. VAT will only apply in the event of an excess and will be mentioned to the customer when selling a product. Thus, any change in the VAT rate may be passed on to the price of the products. The individual company Maison Deysa reserves the right to modify its prices at any time, it being understood, however, that the price listed in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order and the place of delivery requested by the buyer.
Article 4. Order and payment terms
The buyer must create a personal account before any purchase. The individual company Maison Deysa requires the buyer to order and pay for its products only by credit card.
The buyer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer clicks on the credit card payment method. Finally, the last step asks him to check all the information, read and accept these general terms and conditions of sale by checking the corresponding box, then invites him to validate his order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure interface of his bank in order to securely enter his personal credit card details. If the payment is accepted, the order is registered and the contract definitively formed. Payment by credit card is irrevocable.
In the event of fraudulent use of the card, the buyer may demand cancellation of the card payment, the amounts paid will then be re-credited or refunded. The liability of the holder of a bank card is not incurred if the disputed payment has been proven to have been made fraudulently, remotely, without physical use of his card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must contest, in writing, the direct debit with his bank, within 70 days following the transaction, or even 120 days if the contract binding him to it provides for it. The amounts withdrawn are reimbursed by the bank within a maximum of one month after receipt of the written dispute filed by the cardholder. No costs of restitution of the sums may be charged to the cardholder.
Confirmation of an order implies acceptance of these conditions of sale, recognition of having full knowledge of them and the waiver of the right to rely on one's own conditions of purchase. All data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an email address and has provided it on their order form, the sole proprietorship Maison Deysa will send them an email confirming that their order has been recorded.
The individual company Maison Deysa will ship the products at the earliest 3 working days after receipt of the transfer corresponding to the order.
If the buyer wishes to contact the sole proprietorship Maison Deysa, he can do so either by mail to the following address: 5 rue George Sand, 29400 Landivisiau, France; or by email to the following address: contact.maisondeysa@gmail.com or by telephone on 06 66 86 11 29.
Article 5. Reservation of ownership
The individual company Maison Deysa retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.
Article 6. Withdrawal
Under Article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty, with the exception of return costs.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted or refunded.
The right of withdrawal can be exercised online, using the withdrawal form available on the internet. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to withdraw. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are reimbursed.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days from receipt by the seller of the products returned by the buyer under the conditions provided above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
– supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
– supply of goods made to the consumer’s specifications or clearly personalized;
– supply of goods liable to deteriorate or expire rapidly;
– the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
– supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
– maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
– the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
– the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
– supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
Article 7. Delivery
Delivery
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France, the delivery time is 5 to 7 working days from the day after the buyer placed their order.
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area (France). Orders are made by Colissimo, or Mondial Relay, a delivery service with tracking, delivery without signature. Delivery times are given for information purposes only; if they exceed 30 days from the order, the sales contract may be terminated and the buyer reimbursed. The sole proprietorship Maison Deysa may provide the buyer with the tracking number of their package by email.
The risks related to transport are the responsibility of the purchaser from the moment the items leave the premises of the individual company Maison Deysa. The purchaser is required to check in the presence of the delivery person's agent, the condition of the packaging of the goods and its contents upon delivery. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period. In the absence of performance at the end of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or written document informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
In the event of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the option to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product.
Delivery errors
The buyer must make any claim for delivery errors and/or non-conformity of the products in nature or quality with the information on the order form to the seller on the same day of delivery or at the latest on the first working day following delivery. Any claim made after this deadline will be rejected. The claim may be made, at the buyer's choice:
– by telephone on the following number: 0666861129;
– by email to the following address: contact.maisondeysa@gmail.com
Any claim not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the buyer. The exchange of a product can only take place after the assignment of the exchange number. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Recommandé, to the following address: 5 rue George Sand, 29400, Landivisiau.
Return costs are the responsibility of the seller.
Back
Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer a refund or exchange. To be eligible for a return, your item must be unused and in the condition that you received it. It must also be in the original packaging. Certain types of merchandise are not permitted for returns. Items that are not permitted for returns: * Gift cards.
You can request a return via self-service, i.e. directly via your customer account.
To complete your return, we require a receipt or proof of purchase. In certain cases, refunds will not be given: (if applicable) * Any item not in its original condition, is damaged or missing parts for any reason not due to our error. * Any item returned more than 14 days after it was delivered Refunds.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also let you know if your refund is approved or denied. If approved, your refund will be processed, and your credit card or original method of payment will automatically be credited, within a few days. Delayed or missing refunds (if applicable) If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time for your refund to officially be posted. Next, contact your bank. There is often a processing time before you see your refund posted. If you’ve done all of this and you still have not received your refund yet, please contact us at contact.maisondeysa@gmail.com.
Sale or Promotional Items (if applicable): Only regular priced items are refundable. Unfortunately, sale or promotional items are not.
Exchanges (if applicable): We only replace items that are initially defective or damaged. If you need to replace yours with the same item, send us an email at contact.maisondeysa@gmail.com and send your item to: 5 rue George Sand, LANDIVISIAU, 29-Finistère, 29400, France.
Gifts: If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of the returned item. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send the refund to them so they will know you returned their gift.
Shipping: To return your product, you should send it to the following postal address: 5 rue George Sand, LANDIVISIAU, 29-Finistère, 29400, France.
Shipping costs associated with returning your item are the responsibility of the customer.
They are non-refundable. If you receive a refund, the cost of return shipping will be deducted. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, we recommend using a trackable shipping service or insuring your shipment. We don’t guarantee that we will receive your returned item.
Article 8. Warranty
All products supplied by the sole proprietorship Maison Deysa benefit from the legal guarantee provided for by articles 1641 et seq. of the Civil Code. In the event of non-conformity of a product sold, it may be returned to the sole proprietorship Maison Deysa which will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by post to the following address: 5 rue George Sand 29400 Landivisiau, within 14 days of delivery.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from delivery of the goods to take action;
– the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
– the buyer does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of used goods), following delivery of the goods.
14-2 Legal guarantee of hidden defects
In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for hidden defects that may affect the goods sold. It will be up to the buyer to prove that the defects existed at the time of sale of the goods and are such as to render the goods unfit for the use for which they are intended. This guarantee must be implemented within two years of the discovery of the defect. The buyer may choose between the cancellation of the sale or a reduction in the price in accordance with Article 1644 of the Civil Code.
Article 9. Liability
The individual company Maison Deysa, in the process of distance selling, is only bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 10. Intellectual Property
All elements of the Maison Deysa website are and remain the intellectual and exclusive property of the individual company Maison Deysa. No one is authorized to reproduce, exploit, or use in any capacity whatsoever, even partially, elements of the site whether in the form of photos, logos, visuals or text.
Article 11. Personal data
The individual company Maison Deysa undertakes to preserve the confidentiality of the information provided by the buyer, which he would be required to transmit for the use of certain services. Any information concerning him is subject to the provisions of law n° 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address: contact.maisondeysa@gmail.com. Personal customer information may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
Article 12. Dispute Resolution
These conditions of distance selling are subject to French law. For all disputes or litigation, the competent Court will be that of the DGCCRF: General Directorate for Competition, Consumer Affairs and Fraud Control.
The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
Article 16 – Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as grounds for exemption from the parties' obligations and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
The following shall be considered as cases of force majeure: any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
Article 22 – Language of the contract
These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 24 – Applicable law
These general conditions are subject to the application of French law. The competent court is the judicial court.
This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
Evolution of this clause
The Website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the Website undertakes to publish the new version on its website. The Website will also inform users of the change by email, at least 15 days before the effective date.