Preamble

These general terms and conditions of sale govern all sales contracts for products belonging to SAS MAISON16, with registered office in SAINT MARCELLIN EN FOREZ (42680) 19 Chemin Rouge, registered with the SAINT ETIENNE Trade and Companies Register under number 850 895 962 and its customers.

The customer acknowledges having read the general terms and conditions of sale set out below. Placing an order online automatically implies your acceptance of our general terms and conditions of sale.

In the event of non-compliance with these conditions by the buyer, MAISON 16 reserves the right to cancel all or part of current orders or to suspend the delivery of goods.

Article 1: Applicable law

As the company has its registered office in France, French law applies to all sales contracts. Failing an amicable resolution, the dispute will be brought before the Commercial Court of Saint-Etienne.

Article 2: Scope of application

These conditions apply to the sale of products by MAISON 16 via the website www.maison16.com.

Consequently, placing an order implies the buyer's full and unreserved acceptance of these "general terms and conditions of sale", to the exclusion of all other documents such as brochures, press releases, catalogues or e-mails, issued by the seller, which are for information purposes only.

All clauses and conditions contrary to these General Terms and Conditions of Sale appearing on order forms and, more generally, on any type of correspondence from the buyer, shall be deemed unwritten and shall have no contractual value between the parties. No derogation from these General Terms and Conditions of Sale may be made without the express written agreement of MAISON 16.

The information appearing on MAISON 16's catalogues, brochures, advertisements, notices or other documents is given for information purposes only and is not binding on the company, which may modify it at any time.

The photographs of the products are for illustration purposes only, and the product may differ from what is displayed. The information provided by the photographs is not binding on MAISON 16, which may modify it at any time.

MAISON 16 reserves the right to correct any accidental material error or omission in these Conditions, as well as in any other contractual document.

Article 3: Legal information

Article L 3342-1 of the Public Health Code stipulates that the sale of alcohol to minors under eighteen (18) years of age is prohibited. The buyer undertakes, by filling in the order form, to be eighteen years of age or older on the date of the order.

To this end, the www.maison16.com website has been declared to the Commission Nationale de l'Informatique et des Libertés. Alcohol abuse is dangerous for your health. Consume in moderation.

Article 4: Online store - order

All orders must be placed via the Online Store: www.maison16.com

MAISON 16's commercial offer covers all the products presented in the Online Store catalogue. The online store mentions the essential characteristics of each product, its price, and the amount of delivery costs.

The photographs illustrating the products are not part of the contractual scope. The order is confirmed by MAISON 16 by sending an e-mail to the buyer.

Article 5: Validity of the order

MAISON 16 reserves the right to refuse any order for legitimate reasons, particularly if the quantities ordered, by means of one or more orders, are abnormally high compared to the quantities usually ordered by buyers as consumers.

Automatic registration systems are considered to be proof of the content and date of the order. SAS MAISON 16 confirms acceptance of the order to the customer at the e-mail address provided by the customer. The sale will only be concluded once the order has been confirmed.

SAS MAISON 16 reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order.
The information provided by the buyer when placing the order is binding: in the event of an error in the recipient's contact details, the seller cannot be held responsible for the impossibility of delivering the product. Any resulting delays in delivery cannot therefore under any circumstances be invoked against SAS MAISON 16. Furthermore, if all or part of the delivery address proves to be incorrect, forcing the carrier to return the package(s) to SAS MAISON 16, the buyer will bear the consequences. SAS MAISON 16 reserves the right, for example, to invoice the transport and handling costs associated with the return of goods to its warehouses, i.e. for mainland France: €35 including tax (flat rate)

The re-shipment of the order to the buyer will then be carried out after payment of the shipping costs again for their actual amount (on estimate).

Article 6: Stock availability:

Products are delivered while stocks last. In the event of unavailability of the ordered product or a delay in delivery, the company must reimburse the customer within 14 days of the reimbursement request. The customer may, if they wish, obtain an equivalent product instead of the ordered product.

Article 7: Price

The prices of our products are in euros, all taxes included, excluding shipping costs. The rates include taxes and excises under French taxation. The buyer is bound by an obligation to pay the price at the time of ordering on the Online Store.

The invoiced prices of the products are those appearing on the Online Store on the date of confirmation of the order by the buyer. No discount will be granted in the event of early payment.

MAISON 16 reserves the right to modify the current prices on the Online Store at any time. The price change will automatically apply on the date of publication of the price modification on the Online Store.

All orders, regardless of their origin, are payable exclusively in Euros.

Shipping costs, customs duties and formalities are the sole responsibility of the customer.

Article 8: Payment

Payment for products is made in full at the time of order, either:

Credit card on the online store

MAISON 16 reserves the right to modify the available payment methods at any time.

For any order over €500 in France and €250 in Europe, you will be required to make payment by bank transfer with information from the bank regarding the effectiveness of the transfer.

In accordance with the provisions of Article L 441-6 of the French Commercial Code, in its version in force on January 1, 2013, any sum not paid within thirty days following the due date is increased by the legal interest rate plus three points. Late penalties are due without any reminder being necessary. A flat-rate indemnity of €40, as set by Decree No. 2012-115 of October 2, 2012, will be due for recovery costs in case of late payment.

Article 9: Delivery, shipping and return terms.

The ordered products are delivered to the address indicated by the customer. The package will be transported to the recipient by a service provider of our choice.

Sales made on the website www.maison16.com are shipped only to mainland France, excluding Corsica. All orders are processed by MAISON 16's online Customer Service and shipped Monday to Friday inclusive, except public holidays.
The average shipping time is between 2 and 3 working days. The delivery time is indicative and any delays do not entitle the buyer to claim damages. It may be extended during periods of high activity or in case of exceptional closure. The maximum delivery time will be 30 days. Beyond this, the customer is entitled to claim a refund within 14 days of the claim.

It is expressly agreed that the buyer becomes responsible for the products upon delivery, the transfer of possession being equivalent to the transfer of risk.

The delivery notice determines the end of the delivery period. In general (but not systematically) orders are delivered by La Poste "Colissimo" services from Monday to Friday. In case of absence during the delivery person's visit, a delivery notice will be left. You will then have to contact the carrier as soon as possible to arrange a new delivery appointment.

Return of Goods:
In case of absence during delivery, the goods will be stored awaiting collection in the carrier's warehouses (the waiting period varies depending on the carrier and is indicated on the delivery notice). If the goods have not been collected by the end of the waiting period, they will then be returned at the buyer's expense to the warehouses of SAS MAISON 16 for a flat rate of: €35 including tax for France.

The buyer has 7 days (from receipt of the items) to form an opinion. In case of exchange or refund, they will return the new item(s) in its(their) original packaging(s), intact, accompanied by any accessories.
In the event of exercising the right of withdrawal, SAS MAISON 16 is obliged to refund the sums paid by the customer, without charge, with the exception of return costs which remain the responsibility of the buyer. The refund will be made within a maximum of 30 days.

Article 10: Retention of title

MAISON 16 retains full ownership of the products until full payment of their price, principal and interest, by the buyer.

Until full payment, the buyer undertakes not to resell the unpaid products, not to dispose of them and to take all measures to ensure that these products are kept in the state in which they were delivered and that they remain individualized as the property of the company.

Article 11: Exempting circumstances

MAISON 16 is released from its obligations by the occurrence of events constituting force majeure, unforeseen circumstances or acts of government.

As such, the following events are notably considered as cases of force majeure or unforeseen circumstances:

fire, flood or any other accident causing total or partial destruction of MAISON 16's stocks and supplies; strikes, lockouts, without it being necessary to determine who initiated the movement; the occurrence of a natural disaster, war, or pandemic episode; lack of motive power or raw materials resulting from a general cause, such as in particular the cessation of transport, interruption of electricity, machine breakdowns; any cause of supply disruption attributable to MAISON 16's suppliers.

The sales contract binding MAISON 16 to the buyer is then suspended by right, without compensation, from the date of occurrence of the event.

Article 12: Buyer's right of withdrawal

Exercise of the right of withdrawal

The buyer has a period of fourteen (14) days following receipt of the order to exercise their right of withdrawal, without having to provide a reason.

To exercise their right of withdrawal, the buyer must notify their decision by means of a clear and precise statement devoid of any ambiguity.

The buyer's declaration of withdrawal must include the following mandatory information: buyer's name, geographical address and, where applicable, telephone number, fax number and e-mail address. In the event that the product was received by a third party other than the buyer, the latter must indicate the contact details of this third party in the declaration of withdrawal.

The declaration can be made by any means at the company's registered office.

Upon receipt, MAISON 16 will send the buyer, without delay, an acknowledgment of receipt of the withdrawal on a durable medium.

The buyer cannot avail themselves of their right of withdrawal in the event that the goods in question have been manufactured according to the buyer's specifications or clearly personalised or which, by their nature, cannot be re-dispatched or are liable to deteriorate or expire rapidly.

The right of withdrawal cannot be exercised for products that have been unsealed or opened by the buyer or the recipient of the order after their delivery.

Effect of withdrawal

In the event of withdrawal initiated by the buyer, MAISON 16 will reimburse the buyer for all sums paid, at the latest fourteen (14) days from receipt by it of the buyer's decision to withdraw, in accordance with the provisions of Article 12a) above.

The buyer undertakes to return the received products without delay, where applicable at the latest fourteen (14) days from the notification of the declaration to MAISON 16. The withdrawal will only be effective after return of the products to MAISON 16 before the expiry of the fourteen (14) day period.

The order must be returned by the buyer to the following address:

MAISON 16
25 rue de l'étang,

42680 Saint Marcellin en Forez

The cost of returning the products is borne by the buyer. These costs vary with the weight of the package and are estimated at a maximum of approximately 50 EUR in mainland France. MAISON 16 cannot be held responsible for the inaccuracy of the shipping cost estimate.

Buyer's responsibility

The buyer is liable in case of depreciation of the product or its packaging.

Article 13: Product Warranty

The products sold materially correspond to the specifications presented to the buyer by the Online Store when they are used in strict compliance with the functions for which they were sold.

Unless otherwise provided by law, the liability of MAISON 16 shall in no case exceed the amount of the value of the invoiced goods.

In any event, the customer benefits from the legal guarantee of conformity, the legal guarantee against hidden defects (Article 1625 et seq. of the Civil Code) provided that the buyer provides proof of the hidden defect, the seller must legally repair all consequences (Article 1641 et seq. of the Civil Code); if the buyer goes to court, they must do so within a short period from the discovery of the hidden defect.

Consequently, the buyer has up to 3 months from the date of delivery to submit their complaint to MAISON 16. Beyond this period, we will no longer be able to guarantee the contested product as no control over the quality of the storage location can be carried out, or the buyer will have to provide proof that the alteration of the product was prior to the sale.

Article 14: Personal data and privacy policy

In accordance with the "Informatique et Libertés" law of January 6, 1978, as amended by the law of August 6, 2004, the collection and processing of the buyer's personal data via the website www.maison16.com has been declared to the Commission Nationale de l'Informatique et des Libertés.

The buyer has a general right to access, modify, rectify and delete their personal data.

The buyer can exercise their rights by sending a letter to:

MAISON 16
25, rue de l'étang

42680 Saint Marcellin en Forez

Article 15: Electronic signature

The "OK" associated with the authentication and non-repudiation procedure and the protection of message integrity constitute an electronic signature. This electronic signature has the value of a handwritten signature between the parties.

Article 16: Absence of tacit waiver

The fact that one of the Parties, at any time whatsoever, does not exercise a prerogative recognised by these General Terms and Conditions of Sale, in particular by not proceeding with the termination of the sales contract or by exercising this prerogative with delay, or by not demanding the performance of any stipulation of the General Terms and Conditions of Sale, shall in no case be interpreted as an express or tacit waiver by this Party, neither of the right to exercise the said prerogative in the future, nor of its right to demand the scrupulous performance of the commitments undertaken by the other Party, nor to undertake any action or claim it may have in relation to the non-performance of its obligations by the other Party, nor possibly of its right to terminate this contract for any breach of the same nature or of a different nature.

Article 17: Intellectual property rights

The MAISON 16 brand is registered under number 4521778. Any reproduction or imitation will be prosecuted as an infringement.

The website www.maison16.com and each of its constituent elements (such as trademarks, domain names, texts, tree structures, software animations, images, photographs, illustrations, products, packaging, diagrams, logos, sounds and music) are the exclusive property of MAISON 16 or third parties who have duly authorized it to exploit these elements, which is solely entitled to exploit the intellectual property rights pertaining thereto.

No element of the site may be used, reproduced, distributed or published, in whole or in part, without the written authorization of MAISON 16.

The use of all or part of the MAISON 16 website, particularly by downloading, reproduction, transmission, representation or distribution for purposes other than your personal and private, non-commercial use is strictly prohibited.

Article 18: Hyperlinks and comments

The creation of hyperlinks to the website www.maison16.com is subject to the prior written authorization of MAISON 16, which may be revoked at any time.

MAISON 16 disclaims all responsibility (especially editorial) concerning access to websites – and their content – that have a hypertext link to or on the website www.maison16.com

MAISON 16 reserves the right to delete any comment published by an internet user and/or a buyer on the website www.maison16.com

Article 19: Access to the online store

MAISON 16 reserves the right to make changes to the Online Store and to the website www.maison16.com at any time and without prior notice.

MAISON 16 disclaims all responsibility in the event of interruption or inaccessibility of the website www.maison16.com, the occurrence of bugs and malfunctions, or any damage resulting from fraudulent acts by third parties (particularly through intrusion) from the website www.maison16.com.

Article 20: Applicable law – competent courts

These general conditions are exclusively governed by French law, to the exclusion of any other law, notably arising from the Vienna Convention of April 11, 1980 on the international sale of goods.

Article 21: Contact

For any questions, internet users and/or buyers are kindly requested to send a message to MAISON 16 by filling out their request in the dedicated section of the "contact" tab, accessible on all pages of the Online Store.