These General Terms and Conditions of Sale set out the provisions governing distance sales by La Maison Française, operated by FOREAT (a French simplified joint-stock company with a share capital of €60,000, registered with the Aix-en-Provence Trade and Companies Register under number 988 217 352, intra-Community VAT number FR37988217352, registered office: 3 place Forbin, 13100 Aix-en-Provence, France, La Maison Française establishment: 3 B rue Fernand Dol, 13100 Aix-en-Provence, France, SIRET 988 217 352 00026) of the products offered on its website: http://www.lamaisonfrancaise.com.
It is specified that any order placed on the lamaisonfrancaise.com e-commerce website constitutes full and complete acceptance of these General Terms and Conditions of Sale and of the specific conditions applicable to the order.
Purpose of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale define the conditions under which Customers may access the La Maison Française Website and place orders on it, and set out all the resulting rights and obligations. Any order placed on the Website implies full and complete acceptance of the General Terms and Conditions of Sale, it being specified that these General Terms and Conditions of Sale may be amended at any time, in particular to take account of any legal or technical development. Amendments to the General Terms and Conditions of Sale shall be enforceable as soon as they are published on the Website. In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors is prohibited. Any person placing an order therefore undertakes to be at least eighteen (18) years old on the date of the order. La Maison Française therefore reserves the right to request proof of identity at any time.
Products
Each product or item presented on the Website www.lamaisonfrancaise.com is accompanied by a presentation of its essential characteristics, including its description, photograph and price.
This information is not exhaustive and photographs of products or items are not contractually binding. Products offered for sale by La Maison Française are those available online on the date the Customer places the order, subject to available stock. The Customer will be informed of the unavailability of a product when placing the order. If a product ordered by the Customer is no longer available after the order has been placed, La Maison Française's customer service department will contact the Customer (by email or telephone) as soon as possible in order to offer either cancellation of the order and reimbursement of the product concerned, postponement of the delivery date until the product is back in stock where possible, or substitution of the unavailable product with a product of equivalent value.
In the event of cancellation of the order, reimbursement will be made within 7 (seven) days following the corresponding payment date, to the bank card used when placing the order.
Prices
Prices are stated in euros, inclusive of all taxes, and take into account the VAT rate applicable on the date of the order. Prices do not include delivery costs (set out in Article 6 of these General Terms and Conditions of Sale).
The applicable prices are those displayed online on the Website when the Customer validates the order, La Maison Française reserving the right to change its prices at any time.
The Customer may browse the Website and view the various products and items offered for sale without any obligation to purchase or register. To place an order, the Customer selects the product they wish to order from among the products offered by clicking on the “add to cart” button. The Customer may then continue shopping or complete the order. The contents of the shopping cart will then be displayed on screen, showing the list of products, the total amount of the order, the available options and the accepted payment methods. At any time during the ordering process, the order may be modified until payment is actually made under the conditions set out in these General Terms and Conditions of Sale.
Order
Any person wishing to place an order on the Website must be at least 18 years old on the date the order is placed. To place an order, the Customer must create an account on the Website www.lamaisonfrancaise.com: when placing an order, the Customer must either log in using their username and password or complete the account creation form. To create an account, the Customer must provide at least the following information: title, surname, first name, date of birth, full postal address, telephone number, valid email address and password.
The Customer undertakes to complete the account creation form fully and in good faith and acknowledges that the data provided to La Maison Française is accurate and constitutes proof of identity. The Customer may enter different billing and delivery details and may select “gift” options from among those available. If the Customer chooses to complete the order, the Customer must select the delivery method, payment method and billing and delivery addresses. A summary of the order will then be presented (products ordered, quantity and price of products, delivery price, requested delivery date) before the Customer definitively confirms the order.
Before payment, the Customer may modify or cancel the order at any time. Payment of the order by the Customer means that the order is firm and final. The order may no longer be modified (quantity, products, requested delivery date and time, etc.) after validation by the Customer. Once the order has been validated and payment made, the Customer will receive an order confirmation by email as soon as possible, specifying the characteristics of the order (products ordered, price, delivery time).
Payment
To pay for an order, the Customer has two payment options: For card payments, the amount is debited when the order is validated after authorisation to debit the Customer's account has been obtained from their bank. No order will be delivered until payment has been confirmed. In the case of payment by bank transfer, the order will only be confirmed and concluded upon receipt of the exact amount in our bank account, which will determine the date on which the order is dispatched. Finally, the Customer has a period of seven (7) days in which to make the bank transfer. The order is automatically cancelled if payment has not been received by the end of this period. The payment order may be revoked in the event of fraudulent use of the card in accordance with the agreement entered into between the Customer and their banking institution. The currency used for the transaction is the Euro. The amount debited from the account linked to the bank card used will depend on the Euro exchange rate on the day of the debit and any foreign exchange fees charged by the card-issuing bank.
Payment by bank card:
The credit and debit cards accepted are: Visa®, MasterCard®, American Express®, via the secure STRIPE payment interface.
Delivery
The Customer's order is dispatched after receipt of full payment for the order, including transport costs. The delivery time is specified immediately before completion of the order and begins on the day following validation of the order by the Customer. This period varies depending on the nature of the products ordered on the website www.lamaisonfrancaise.com.
Delivery by Chronopost or Colissimo: Delivery will be made via Colissimo, Chronopost or Chronofresh (temperature-controlled delivery) to the delivery address specified by the Customer.
The average delivery times observed are: for delivery in mainland France, order date + 4 (four) days. Given the fresh nature of products delivered by Chronofresh, in the event of a failed delivery due to an incorrect or incomplete address or cancellation of the order, no refund will be made. Fresh products are delivered by Chronofresh to the recipient of the order indicated by the Customer, from Tuesday to Saturday, only in mainland France, Monaco and Corsica. In order to ensure optimum preservation of the products, La Maison Française draws its Customers' attention to the need to select a delivery date on which the parcel can be handed to the recipient.
Receipt, Carrier, Delivery Delay:
If delivery does not take place within a maximum period of thirty (30) days from the day following the date on which the Customer validated the order, the Customer may require La Maison Française to reimburse all sums paid (including delivery costs), within a maximum period of fourteen (14) days from receipt of the notice, excluding any other compensation.
Delivery details:
Delivery will be made in accordance with the information provided by the Customer, namely surname and first name, company name where applicable, postal address, telephone number of the delivery contact and email address. In the event of delivery failure due to incomplete information, La Maison Française may not be held liable and will offer solutions to the Customer at the Customer's sole expense (reshipment, return of the parcel and possible partial reimbursement).
Customs:
For shipments outside the customs territory of the European Community, parcels will contain all documents summarising the total value of the contents of the order and the description of the items. Customs or import taxes will be payable when the parcel reaches its destination country and any additional taxes payable for customs clearance will be borne by the Customer.
Right of withdrawal
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has the right to withdraw, without having to give reasons or pay penalties, with the exception of return costs, which are borne by the Customer, for a period of fourteen (14) days from the date of physical receipt.
To exercise the right of withdrawal, the Customer must notify La Maison Française of the decision to withdraw in writing by completing the withdrawal form below and sending it by email or post to: contact@lamaisonfrancaise.com or La Maison Française – 3 B rue Fernand Dol - 13 100 Aix en Provence, France.
Withdrawal form:
I hereby notify you of my withdrawal from the contract for the sale of the following good(s):
Ordered on ……………..(date of order) and/or received on ……………..(date of delivery)
Name of consumer Customer:
order number
Address of consumer Customer:
Signature of consumer Customer (only if this form is submitted on paper)
Date:
The Customer must return the product(s) as soon as possible and, in any event, no later than fourteen (14) days following the date on which the decision to withdraw was communicated, to the following address: La Maison Française – 3 B rue Fernand Dol - 13 100 Aix en Provence, France.
A Customer returning a product within this period is entitled to an exchange or reimbursement of the price of the product ordered.
Delivery costs for returned products remain payable by the Customer (except in the case of a Product that is defective upon receipt or an error by La Maison Française when processing the order). Reimbursement will be made using the same payment method as that used for the initial transaction. Products must be returned in perfect condition for resale, in their original condition (packaging, accessories, instructions, etc.) and duly sealed.
No right of withdrawal
According to Article L121-21-8 of the French Consumer Code: “The right of withdrawal may not be exercised for contracts […]: 3° For the supply of goods made to the consumer's specifications or clearly personalised; 4° For the supply of goods liable to deteriorate or expire rapidly; 5° For 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; 6° For the supply of goods which, after delivery and by their nature, are inseparably mixed with other items; 7° For the supply of alcoholic beverages, delivery of which is deferred beyond thirty days and whose value agreed upon at the time the contract is entered into depends on market fluctuations beyond the control” of La Maison Française.
For any further information regarding exercise of the right of withdrawal, the Customer is invited to contact La Maison Française Customer Service by email at: contact@lamaisonfrancaise.com or by telephone on +33 (0)4 42 27 90 11.
Privacy and personal data protection
Customers must create an account on the Website and provide certain personal data in order to place an order, including in particular their title, surname and first name, email address and postal address. This personal data concerning Customers is subject to automated processing by FOREAT, operator of La Maison Française, which is responsible for such processing, for the purposes of managing and administering the commercial relationship with the Customer and for marketing purposes. There are two types of data collected: Data collected when creating the Customer account (surname, first name, address, etc.) and/or when placing the order is retained for a period of three years from either the end of the commercial relationship, its collection or the latest contact from you. This data may subsequently be archived for an additional period for strictly limited reasons permitted by law (payment, warranty, disputes, etc.). In accordance with applicable personal data protection regulations (arising, from 25 May 2018, from the European General Data Protection Regulation), the Customer has the right to request access to, rectification or erasure of personal data, restriction of processing, the right to object to processing and the right to data portability, which may be exercised by sending an email to the following address: contact@lamaisonfrancaise.com or by writing to the registered office of FOREAT.
The Customer may also lodge a complaint with the CNIL. La Maison Française may place cookies on the Website. The Customer's prior consent must be obtained for the placement of these cookies. This is an automatic tracking process which records information relating to browsing on the Website and stores information entered during visits in order to facilitate the registration process and use of the Website by Customers. In accordance with applicable legislation, cookies will be retained for 13 (thirteen) months by La Maison Française. At the end of this period, the Customer's consent must once again be expressly obtained in order to continue using cookies.
The Customer may object to their placement and/or delete them by following the procedure indicated in their browser. Cookies cannot run programs or introduce viruses onto a computer or mobile phone. Cookies are uniquely assigned and may only be read by the web server of the domain that issued the cookie. The Customer is informed that by refusing cookies, they may be unable to access certain Website features. Data marked with an asterisk when creating the Customer account (surname, first name, address, etc.) and/or when placing the order is necessary for proper performance of the order, in particular for delivery and invoicing; other data requiring an optional response when creating the Customer account and/or placing the order is voluntarily provided by the Customer, who may withdraw consent at any time without affecting the lawfulness of processing based on consent carried out before its withdrawal.
Intellectual property
All elements appearing on this Website (logos, texts, graphic or multimedia elements) constitute elements protected within the meaning of the French Intellectual Property Code, whether by copyright, trademark law or any other proprietary right, and are the property of La Maison Française and their respective authors. The ability to view and save data from this Website on another medium does not under any circumstances confer the right to erase, remove or alter copyright notices appearing on Website resources, or to modify the Website resources themselves. Any reuse, copying and, more generally, any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without the authorisation of La Maison Française is strictly prohibited and may give rise to legal proceedings.
Applicable law and settlement of disputes
These General Terms and Conditions of Sale are governed by French law. In the event of a dispute arising from this contractual relationship, the parties undertake, before taking any legal action, to seek an amicable solution by contacting La Maison Française directly: contact@lamaisonfrancaise.com. Any dispute relating to the interpretation or performance of these General Terms and Conditions of Sale shall, in the absence of an amicable agreement, be brought before the competent courts.
Force majeure
Neither Party shall be liable for total or partial non-performance of its obligations under this contract if such non-performance is caused by an event constituting force majeure. Events meeting the criteria established by the case law of the French Court of Cassation and applicable legislation shall be considered cases of force majeure. The Party invoking an event constituting force majeure must notify the other Party within seven (7) working days following the occurrence of that event. The Parties agree that they must consult each other as soon as possible in order to determine together the arrangements for performance of the order during the period of force majeure. After a period of one (1) month of interruption due to force majeure, La Maison Française may choose not to fulfil the order and must reimburse the Customer under the conditions set out in Article 7 of these General Terms and Conditions of Sale.
Partial invalidity
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law or regulation or following a final decision by a court of competent jurisdiction, the remaining provisions shall retain their full force and effect.