Terms of sale
1. Purpose
These General Terms and Conditions of Sale are concluded between, on the one hand, Maison Close, 167 Rue Paradis, 13006 Marseille. SIRET: 878 760 495 00035.
And, on the other hand, any person making a purchase on the website maison-close.com, which is freely accessible to all Internet users.
These terms and the online order constitute the contractual documents enforceable against the parties, to the exclusion of any other document, prospectus, catalogue or product photograph, which are provided for information purposes only.
Validation of the order by the consumer’s confirmation constitutes acceptance of the General Terms and Conditions of Sale in force on the date of the order, the storage and reproduction of which are ensured by the professional seller in accordance with Article 1127-2 of the French Civil Code.
1.1 Modification of the General Terms and Conditions of Sale
The professional seller reserves the right to modify these General Terms and Conditions of Sale at any time.
1.2 Clauses of the General Terms and Conditions of Sale
The invalidity of one contractual clause shall not result in the invalidity of these General Terms and Conditions of Sale.
The temporary or permanent non-application of one or more clauses of the General Terms and Conditions of Sale by the professional seller shall not constitute a waiver of the other clauses, which shall remain in full force and effect.
In the event of modification, the applicable General Terms and Conditions of Sale shall be those in force on the date of the order, a dated copy of which may be provided to the consumer upon request.
2. Products
2.1 Retention of title
The seller remains the owner of the products sold until full payment of the price. Until ownership is transferred, the buyer undertakes to take all necessary precautions to ensure the proper preservation of the products.
2.2 Product characteristics
Before placing an order, the customer may review the essential characteristics of the products they wish to order by consulting the pre-contractual information provided by the seller, where applicable through a product catalogue or the company’s website.
Photographs and graphics appearing in the catalogue or on the website are provided for information purposes only and shall not constitute a contractual commitment by the company guaranteeing perfect similarity between the ordered product and the product shown.
2.3 Stock availability
Products are offered and delivered subject to availability.
If the ordered product is unavailable, the seller shall immediately inform the buyer and may offer a product of equivalent quality and price or, failing that, a voucher for the amount of the order, usable on a future order.
If the buyer does not agree, the seller shall refund the sums paid within 30 days.
Apart from refunding the price of an unavailable product, the seller shall not be liable for any cancellation compensation.
2.4 Conformity
The seller is responsible for any lack of conformity of the goods under ordinary law and consumer law.
3. Prices
The selling price of the products is the price in force on the date the order is placed. The prices of our products are indicated in euros, inclusive of all taxes (VAT included), excluding shipping costs. Prices take into account the VAT applicable on the date of the order. Prices cannot be modified once the customer’s order has been placed.
Our shipments are made with customs duties and import VAT included. In the event of a promotional price, the seller undertakes to apply this price to any order placed during the advertised promotional period.
3.1 Price modification
The seller reserves the right to modify prices at any time, particularly in the event of increased costs, it being understood that, in the event of a price increase after the order, only the price set on the date of that order shall apply to the customer.
4. Order
Any order implies acceptance of these General Terms and Conditions of Sale.
The seller undertakes to fulfil orders subject to stock availability. If a product is unavailable, Maison Close undertakes to inform the customer promptly by any means available.
4.1 Order modification
4.1.1 Order modification by the buyer
As all orders are final, it is not possible to cancel or modify their content: product, size, colour, delivery address, etc. Once payment has been confirmed, your order is sent to our warehouse for preparation so that it can be shipped as quickly as possible.
Please simply return any unwanted item by following our returns procedure once the order has been received.
4.1.2 Order modification by the seller
The seller undertakes to deliver a product that conforms to the product ordered.
If the ordered product is unavailable, the seller undertakes to refund the ordered product using the payment method used for the order.
4.2 Order validity
The seller reserves the right to refuse any order for legitimate reasons, particularly where the quantities ordered are abnormally high compared with the quantities usually ordered by buyers acting as consumers.
4.3 Order cancellation
4.3.1 Cancellation by the buyer
The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the event of:
- Delivery of a product that does not conform to the declared characteristics of the product;
- Delivery exceeding thirty days following the conclusion of the contract, after the seller has been requested, under the same conditions and without result, to make the delivery within an additional reasonable period.
4.3.2 Cancellation by the seller
The order may be cancelled by the seller in the event of:
- Refusal by the buyer to take delivery;
- Non-payment of the price, or balance of the price, at the time of delivery.
5. Payment
Payment is due immediately upon ordering.
The accepted payment methods are indicated on the website.
5.1 Secure payment methods
Credit card
Credit card: Visa, Mastercard, etc. This is the simplest and fastest way to place an order. Our credit card payment system is the secure system of our banking partner.
The data relating to your credit card number is encrypted from your device and then transmitted directly to the bank’s website, which decrypts it and manages debit authorisations. Encryption codes are changed very regularly.
Your credit card number does not circulate on the Internet without encryption. The website maison-close.com does not receive your banking information, which is why it will be requested for each order.
PayPal
If you already have a PayPal account, you can make your payment using this secure system, which links our website and your bank without your banking details passing through our website.
If you do not have a PayPal account, we recommend payment by credit card, which is just as secure, simpler and faster.
The transaction is fully secured by the latest-generation SSL (Secure Socket Layer) data encryption technology.
Klarna
Klarna is a payment method allowing payment in 3 interest-free instalments. It enables you to make purchases and pay in several monthly instalments.
Klarna offers simple payment solutions in more than 200,000 online stores, and more than 95 million customers worldwide have already used these solutions to manage their payments securely.
5.2 Payment default
If payment is rejected, the seller is entitled not to ship the products.
6. Delivery
6.1 Terms
Your order is shipped in discreet and sturdy packaging in which the products are protected. No external marking identifies the contents of the parcel.
If you wish to send a gift, you may choose a delivery address different from the billing address. This step takes place when validating your order. In this case, the recipient will receive their parcel without an invoice. The invoice will be sent by post to the sender of the gift.
6.2 Delivery times
Delivery times vary depending on the carrier or partner selected and the country of delivery.
For more details, please refer to the “Delivery” section.
Orders placed on Saturday or Sunday are processed on Monday morning. Orders are not processed at weekends.
Delivery times do not include the order processing time, which is generally 1 working day.
6.3 Transfer of risk
The risk of loss or damage to the goods is transferred to the consumer when they, or a third party designated by them, physically take possession of the goods, regardless of their nature.
Products delivered to the consumer by a carrier chosen by the seller travel at the seller’s risk.
Products delivered to the consumer by a carrier chosen by the consumer travel at the consumer’s risk from the time the goods are handed over to the carrier.
7. Right of withdrawal
Pursuant to Article L221-28 of the French Consumer Code, formerly Article L121-21-8 of the French Consumer Code, the customer is informed that the right of withdrawal may not be exercised in certain cases, particularly when products have been worn by the consumer, for hygiene reasons.
7.1 Conditions, period and procedures for exercising the right of withdrawal
If you accept these General Terms and Conditions of Sale, you have the right to withdraw, without giving any reason, within fourteen days from the day after receipt of the products.
As a reminder, items must be unused, in their unopened original packaging, with their labels attached.
To return one or more products, please follow the procedure indicated on the returns slip.
The refund amount will be calculated based on the value of the item at the time of purchase.
7.2 Effects
In the event of withdrawal, we will refund the payment received no later than fourteen days from receipt of the product at our premises.
We will make the refund using the same payment method as the one used for the initial transaction.
The customer’s liability, in the event of withdrawal after use of the goods, is incurred with regard to any depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods. Such handling is what a consumer may carry out in a store.
The consumer must return the goods to Maison Close without undue delay and, in any event, no later than fourteen days after communicating their decision to withdraw.
This deadline is deemed to have been met if the customer returns the goods before the expiry of the fourteen-day period.
8. Returns and refunds
Return procedures are detailed in the returns policy.
8.1 Returns
The seller makes every effort to provide you with a quality service. If you are not satisfied with a product ordered, you may return it to us.
You have 30 days from receipt of your parcel to make a return, in accordance with our returns policy available on the website.
Please follow the returns procedure indicated on the website.
8.2 Refunds
Refunds are made by crediting the payment method used at the time of purchase: credit card, PayPal or e-gift card.
Maison Close reserves the right not to refund items if any of the above conditions are not met.
If the item is non-refundable, in accordance with our returns policy, we may return it to you at your expense.
8.3 Exchanges
We do not offer exchanges on our website. If you would like a new size, another model or another colour, we invite you to make a return and place a new order on our website.
9. Legal warranties
The consumer benefits from:
- The legal warranty of conformity;
- The warranty against hidden defects.
10. Liability
The products offered on this website comply with French legislation in force and the standards applicable in France. The company Muse cannot be held liable for damages of any kind that may result from improper use of the items sold.
The company Muse cannot be held liable for the non-performance of the contract in the event of stock shortage, product unavailability or force majeure. Force majeure includes all cases recognised by case law, namely any exceptional, external and unforeseeable event at the time the contract was concluded that prevents its performance.
11. Personal data
Data is processed in accordance with the privacy policy.
12. Applicable law and disputes
This contract is governed by French law. In the event of a dispute arising from this contractual relationship, the parties undertake to seek an amicable solution before taking any legal action. If they cannot reach a common solution, disputes shall fall within the jurisdiction of the courts of Marseille.
12.1 Mediation
The consumer has the right to resort to mediation in order to settle amicably the dispute opposing them to the professional.
Mediator contact details: The Paris Mediation and Arbitration Centre (CMAP) - Consumer Mediation Service, 39 avenue Franklin D. Roosevelt, 75008 Paris - https://www.cmap.fr/consommateurs/
12.2 Prior complaint
In the event of a dispute, you must contact our Customer Service, Monday to Friday, excluding public holidays or non-working days, by telephone at +33 (0)4 96 16 06 45, by email at satisfaction@maison-close.com or via our contact form.